The URL can be used to link to this page

Ordinances Revised of 1901 etc ~ THE REVISED ORDINANCES OF 19°1 OF THE CITY OF DUBUQUE Including Charter and Statutes Applicable to Special Charter Cities to 19° 1. --'- REVISED AND ARRANGED BY J. C. LONGUEVILLE AND J. B.. POWERS. published by Order of the City Council, 19°1. ~ HERALD PRI'TING COMPANY, DUBUQUE. \ à THE REVISED ORDINANCES OF 19°1 OF THE CITY OF DUBUQUE Including Charter and Statutes Applicable to Special Charter Cities to 190 I. -'-~ REVISED AND ARRANGED BY J. C. LONGUEVILLE AND J. B.. POWERS. published by Order of the City Council, 19°1. ~ HERALD PRI'TING COMPANY, DUBUQUE. OFFICERS OF THE CITY GOVERNMENT OF THE CITY OF DUBUQUE. FROM ITS ORGANIZATION TO 1901. TRUSTEES. --- J837 . T. S. Wilson, Pres. T. C. Fassitt, J. Plnmbe, Jr., Wm. Meyers, 1838 P. C. Morhiser, Pres. John Plumbe, Jr., Alex. Butterworth, E. Langworthy, Ji 1839 Pat'k Quigley, Pres. E. Langworthy, S. D. Dickson, Dr. T. Mason, 1840 S. D. Dixon, Pres. J. P. Farley, Chas. Miller, Patrick Quigley, Charles Miller, Timothy Fanning. John McKenzie, Bel1j. Rupert. Loring Wheeler, Thos. C. Fassitt. E. C. Dougherty. IV Jesse P. Farley, Charles Miller, John Thompson, Jesse P. Farley, OFFIC>ms OF '£HJO CITY GOVERNMENT. MAYOR AND ALDERMEN. 1841 CALEBH. BOOTH, Mayor. ALDERMEN. .E. Langworthy, W. W. Coriell, H. Simplot, Timothy Fal1ning. 1842 .SAMUEL D. DIXON, Mayor. ALDERMEN. James Fal1nil1g, Jose¡j]j'Ogilby, Joseph T. Fales, .A. Clil1e. 1843 JAMES FANNING, Mayor. ALDERMEN. Timothy Fal1l1ing, P. C. Morhiser, F. K. O'Ferrall, David Slater, JOhl1 H.Thedinga, Joseph Ogilby. John Blake, Elisha Dwelle, Elisha Dwelle, Robert Rogers, 1844 F. K. O'FERRALL, Mayor. ALDERMEN. John G. Shields, Robert Rogers, Timothy Fanning, John H. Thedinga. 1845 F. K. O'FERRÀLL, Mayor. ALDERMEN. Timothy Fanning, John Blake, John H. Thedinga, John G. Shields. OFFICERS Ol>' THE CITY GOVRUNMENT. v 1846 F.K. O'FERRALL, Mayor. ALDERMEN. Hugh Treanor, Wm. H. Robbins, Michael McNamara, M. Mobley, Amos Matthews, LewisL. Wood. 1847 P. A. LORIMIER, Mayor. ALDERMEN. Michael McNamara, Wm. H. Robbins, Morgan Curran, W. J. Gilliam, Amos Matthews, Lewis L. Wood. 1848 GEORGE L. NIGHTINGALE, Mayor. ALDERMEN. Wm. H. Robbins, John Gunn, H. S. Hetherington, Lewis L. Wood. Hugh Treanor, Patrick Finn, W. D. Waples, Philip Powers, John G. Shields, L. D. Randall, David Decker, L. Molol1Y, Caleb H. Booth, 1849 WARNER LEWIS, Mayor. ALDERMEN. J. J. E. Norman, F. V. Goodrich, Thomas Hardie, John Gunn. 1850 J. H. EMERSON, Mayor. ALDETIMEN. John D. Bush, Robert Rogers, Ed Langworthy; H. V. Gildea. 1851 P. A. LORIMIER, Mayor. ALDERMEN. Joseph Ogilby, Jesse P. Farley, John D. Bush, Lewis L. Wood. ,'~'-" -,. w_- M .~ jP' ....-..-..".. "C' VI OFFICERS OF 'I'HE CITY GOVERNMENT. OI,'FICEns OJ!' mE crn GOVERNMENT, VIi 1852 JESSE P. FARLEY, Mayor. ALDETIMEN. 1857 DAVID S. WILSON, Mayor. GEORGE L. NIGHTINGALE Mayor. ALDERMEN. M. McNamara, Wm. D. Waples, James Burt, Henry L. Stout, Christopher Pelan, George McHenry. t M. McNamara, Samuel Virden, J. J. E. Norman, Warner Lewis, G. L. Nightingale, N. Nadeau, James Woolnough, Robert Mitton, Geo. Ord Karrick, G. C. Krcichbaum, Anton Heeb, Adam Jaeger. 1853 JESSE P. FARLEY, Mayor. ALDERMEN. James Burt, Edward O'Hare, ThomaslVIcCraney, M. Mobley, Ben. M. Samuels, Henry L. Stout, M. McNamara, John D. Bush, John D. Bush, James A. Reed, E. Langworthy, Patrick Quigley, George Connell, Patrick Quigley, lVI. McNamara, Morgan Curran, George Connell, 1854 JESSE P. FARLEY, Mayor. ALDERMEN. Christopher Pelan, lVI. McNamara, Thos. McCraney, Anton Heeb, Matthias HaITI, 1855 JOHN G. SHIELDS, Mayor. ALDERMEN. 1858 HENRY S. HETHERINGTON, Mayor. Anton Heeb, George Wllde, E. Langworthy. lVI. lVIcN~mara, Hugh Treanor, Samuel Virden, John B. Lane, John King, Fred Weigel, Edward O'Hare, Fred. E. Bissell. Hugh Treanor, Patrick Quigley, John B. Lane, A. Kaufmann, Fred Weigel, Edward Spottswood, G. L. Nightingale, John King, Ben. lVI. Samuels, Matthias Ham. Christopher Pelan, lB56 DAVID S. WILSON, Mayor. ALDERMEN. Patrick Quigley, Hugh Treanor, A. Kaufmann, John B. Lane, M. McNamara, Beu. M. Samuels, Robert Mitton, J. J. E. Norman, N. Nadeau, Matthias Ham, Morgan Curran, Warner Lewis, G. C. Kreichbaum. G. L. Nightingale, Edward Spotts wood, Patrick Quigley, Hugh Treanor, Geo. L. Torbert, John Buttmann, ALDERMEN. George McHenry, N. Nadeau, Franklin Hinds, Robert Mitton, Gco. Ord Karrick, Adam Jaeger, E. B. Richards, Matthias Ham. 1859 JOHN HODGDON, Mayor. ALDERMEN. John Mehlhop, Geo. L. Matthews, Joseph A. Chapline, Mathias Ham, Robert Mitton, John King. 1860 HENRY L. STOUT, Mayor. AI"DERMEN. Geo. Connell, Fred. Weig'el, Geo. D. Wood, John King, Geo. L. Matthews, John Bittmann. 1861 HENRY L. STOUT, Mayor. ALDERMEN. Geo. B. Lane, Geo. Connell, Gco. D. Wood, Geo. L. Matthews, F. Weigel, John Rcugamer. VIII O>'FICERSOF ~HE CITY GOVERN>fENT. . 1862 J. H. THEDINGA, Mayor, ALDERMEN. Hugh Treanor, Patrick Quigley, M. B. Mulkern, Peter Kiene, Geo. L. Torbert, Geo. Connell, D. S. Cumings, Geo. L. Matthews, J. Christman, John Reugamer. OFFICERS OF THE CITY GOVERNMENT. IX 1867 J. K. GRAVES, Mayor. ALDERMEN. John Lucas, D. S. Cumings, .M. Kingman, N. C. Ryan, Hilarius Pleins, A. F. Jeager, B. F. Smith, H. S. Hetherington, M. Wening. Thomas C. Fassitt, I-I. P. Ward, 1863 J. H. THEDINGA, Mayor. Hugh Treanor, Patrick Quigley, M. B. Mulkern, Titus Schmidt, ALDERMEN, John Russ, D. S. Cumings, H. L. Stout, J. Christman, Geo. L. Matthews, Peter Kiene. John Lucas, James Rowan, Thos. C. Fassitt, Geo. W. Scott, 1864 JOHN THOMPSON, Mayor. Patrick Quigley, J., H. Emerson, John Russ, John Reugamer, ALDERMEN. M. B. Mulkern, H. L. Stout, D. S. Cumings, Geo. L 'Matthews, H. S. Hetherington, Titus Schmidt. James Rowan, John Lucas, Joseph Gehrig, Peter Kiene, 1865 JOHN THOlVIPSON, Mayor. J. H. Emerson, Patrick Quigley, M. B. Mulkern, John King, ALDERMEN. L. N. Gibbs, D. S. Cumings, Henry Lembeck, H. S. Hetherington, John D. Bush, John Reugamer. John Lucas, N. C. Ryan, B. D. Lenehan, Fred Weigel, 1866 JOHN THOMPSON, Mayor. ALDERMEN. Patrick Quigley, Arthur ]\{cCann, John Lucas, L. N. Gibbs, Benj. F. Smith, H. Lembeck, D. S. Cumings, John D. Bush, H. S. Hetherington, John King, A. F. Jaeger. 1868 SOLOMON TURCK, Mayor. ALDERMEN. Joseph Gehrig, Hilarius Pleins, E. G. Young, M. Kingman, Thomas P. Coates, M. Wening, ' A. F. Jaeger. 1869 W. J. KNIGHT, Mayor. ALDERMEN. B. D. Lenehan, Ernst G.Young, Hilarius Pleins, Thos. P. Coates, Freel. Weigel, A. F. Jaeger. 1870 W. J. KNIGHT, Mayor. ALDERMEN. Joseph Gehrig, Hilarius Pleins, J. lVI. Robinson, 'rhos. P. Coates, Peter Kiene, A. F. Jaeger. 1871 JAMES BURT, Mayor. ALDERMEN. N. C. Ryan, J. C. Chapman, John Lucas, J. lVI. Robison, Joseph Gehrig, Hilarius Pleins, Thomas P. Coates, F. JVI. Robinson. A. F. Jaeger, A. Kaiser. OF"ICERS OF THE CITY GOVEU~MEN'r. 1872 SOLOMON TURCK and A. F. JAEGER, Mayor. John Lucas, John P. Quigley, J. C. Chapman, ' F. M. Robinsou, JOhl1 P. Quigley, A. A. Cooper, John Pier, James Beach, ALDERMEN. . John Pier, Hilarius Pleins, J. B. Howard, A. F. Jaeger, L. W. McMaster, A. H. Peaslee, A. Kaiser, . Peter Kiene, Jr. Arthttr McCann, John P. Quigley, Philip Pier, M. M. Walker, 1873 A. H. PEASLEE, Mayor. ALDERMEN. J. J. Linehan, J. B. Howard, John Krayer, J. W. Parker, A. F. Jaeger, A. Kaiser. John O'Neill, John P. Quigley, Arthur McCann, J. J. Liuehan, 1874 A. H. PEASLEE, Mayor. ALDERMEN. A. A. Cooper, Philip Pier, Patrick Lagen, John Krayer, J. J. Linehan, Henry Hlme, J. O'Hea Cantillon, J. W. Parker, Patrick Lagen, J. P. Quigley, Philip Pier, John Maclay, John P. Quigley, Arthur McCann, J. J. Linehan, F. T. Walker, John Maclay, A. Kaiser, George Fengler. Arthur McCann, John O'Neill, Theodore Altman, Joseph Herod, 1875 JAMES CUSHING, Mayor. ALDERMEN. J. J. Linehan, F. T. Walker, J. O'Hea Cantillon, George Fenglcr, John Wunderlich, M. Blumenauer. Thos. Kavanaugh, Joseph Herod, ]. J. Linehan, L. Doerfler, 1876 GEORGE B. BURCH, Mayor. ALDETIMEN. Philip Pier, M. M. Walker, John Wunderlich, M. BIumenauer, J. O'Hea Can till au, John M. Lillig. P. Clancy, ]os. Herod, Theo. Altman, G. Rath, OFFICERS OF THE CI1'Y GOVEUNMENT. XI 1877 GEORGE B. BURCH, Mayor. ALDERMEN. J. J. Linehan, John D. Bush, J. O'Hea CantiIlon, Johu M. Lillig, Peter Fay, Louis Doerfler. 1878 W. J. KNIGHT, Mayor. ALDETIMEN. Theodore Altman, Joseph Herod, Peter Fay, Louis Doerfler, Michael Brown, John M. LiIlig. John D. Bush, 1879 JOHN D. BUSH, Mayor. ALDERMEN. J. J. Linehan, Michael Browu, B. W. Jones, C. Leckie, John M. Lillig, Louis Doerfler. 1880 JOHN D. BUSH, Mayor. ALDERMEN. B. W. Joues, Theo. Altman, Geo. Fengler, Johu O'Neill, C. Leckie, G. Rath. 1881 JOHN J. LINEHAN, Mayor. ALDERMEN. P. W. Crawford, P. C. Foley. Geo. Fengler, Thos. Kavanaugh, L. Doerfler, B. W. Jones. ~~ ,--- XII OFFICEUS OF THE CITY GOVERNMENT. 1882 JOHN J. LINEHAN, Maýor. Thos, Kavanaugh, John Glah, P. C. Foley, L. Doerfler,. ALDERMEN. B. W. Jones, Theo. Altman, Henry Deckert, P. Clancy, P. W. Crawford, . Peter Olinger. Thomas Byrne, John Trexler, 'J. W. Parker, John Meyer, 1883 FREDERICK O'DONNELL, Mayor. P. Clancy, P. W. Crawford, Thea. Altman, Henry Deckert, ALDERMEN: Peter Olinger, M. II. McCarthy, Chas. Hollnagel, OFFICEUS OF THE CIn GOVERNMENT. KIll 1887 C. A. VOELKER, Mayor. ALDERMEN. Thos. Kenneally, John Mulkern, John Kleinschmidt, C. D. Hayden, D. W. Rand, Louis Doerfler. 1888 GEORGE B. BURGI, Mayor. ALDETIMEN. Thos. Kavanaugh, John Clab, James Martin. Thomas Kenneally, John W Halpin, John Kleinschmidt, John Meyer, Bentley Rawson, D. W. Rand, C. J. W. Sannders, John Trexler, John Mulkern, F. B. Daniels. 1884 FREDERICK O'DONNELL, Mayor. Thos. Byrne, Martin Kane, M. II. McCarthy, Chas. Hollnagel, Iihilip Ryder, P. W. Crawford, John P. Page, Henry Deckert, Thos. Byrne, P. W. Crawford, J. M. Byrne, A. M. Downer, ALDERMEN. James Martin, John P. Page, Henry Deckert, 1885 JOHN GLAB, Mayor. ALDERMEN. P. Olinger, J. M. Byrne, Chas. Hollnagel, 1886 JOHN GLAB, Mayor. ALDERMEN. J. W. Parker, C. D. Hayden, Chas. Hollnagel, r P. Clancy, P. W. Crawford, P. Olinger. John W. Halpin, John Wunderlich, Isaiah Cleminson, Fral1k J. Stoltz, Thos. Byrne, Martin Kane, A. M. Downer. John W. Halpin, John Babcock, John Wunderlich, Frank J. Stoltz, t T I I I 1889 R. W. STEWART, Mayor. ALDERMEN. William Coates, John Trexler, C. J. W. Saunders, Bentley Rawson, F. B. Daniels, O. F. Hodge, 1890 RW. STEWART,Mayor. I' ALDERMEN. Isaiah Cleminscon, John Trexler, O. F. Hodge, Jos;ph P. Lowry, P. W. Crawford, C. J. W. Saunders. 1891 R. W. STEWART and CHAS. J. W. SAUNDERS, Mayor. ALDERMEN. John W. Halpin, John Glab, Mell H. Cushing, Edw. C. Peaslee, Philip Ryder, L. Doerfler, John Trexler. John Babcock, Dennis Smith, John Trexler, John P.Page, P. W. Crawford, C. J. W. Saunders, Chas. Fosselmann, Frank J. Stoltz. . XIV OFFICEUS OF THE CITY GOVERNMENT. O>'l,'ICEUS OF THE CITY GOVEUNM"N'r. 1894 1892 CHAS. J. W. SAUNDERS, Mayor. Recorder.......................,.....J. C. FITZPATRICK Treasurer......................LAWRENCE M. GONNER Attorney.....,..........................J. J, McCARTHY A.udj¡or.............,...............JOHN M. KENNETY THOMAS BYRNE, JOHN P. PAGE, MELL CUSHING, ALDERMEN. First Ward. Second Ward. Third Ward. Fourth Ward. EDWARD C. PEASLEE, Fifth Ward. FRANK STOLTZ, 1893 XV PETER OLINGER, Mayor. Recorder................,......,..........T. J. COONEY Treasurer................................I-L B. GNIFFKE Auditor................................M. M. McCARTEN Attorney......,....................,....JAS. E. KNIGHT Assessor...............................JOHN F. STEMM DENNIS SMITH JOHN GLAB J. W. HALPIN, T. J. SHEA, A. VOGLER, PETER OLINGER P. W. CRAWFORD P. W. CRÁ WFORD, JOS. KAUFMANN, N. P. NICKS A. W. DAUGHERTY, Mayor. Reeorder..................................T. J. COONEY Treasurer.......,.,......................H. B. GNIFFKE Auditor...................,.............J. M. KENNETY Attorney......................;.........JAS. E. KNIGHT Assessor......i.............................J. F. STEMM JAMES BUTLER, PHIL. RYDER, ADAM VOGEL, P. W. CRAWFORD, JOHN M. LILLIG, ALDERMEN. First Ward. Second Ward. Third Ward. Fourth Ward'. Fifth Ward. ALDERMEN. First Ward. Second Ward. JAS. BUTLER PHIL. RYDER Third Ward. Fourth Ward. A. VOGEL J. B. POWERS JOHN M. LILLIG Fifth Ward. 1895 PETER OLINGER, Mayor. Recorder......"..........................T. J. COONEY Treasurer...........................,....H. B. GNIFFKE Auditor...............,................M. M. McCARTEN Attorney................................]AS. E. KNIGHT Assessor..............................:JOHN F. STEMM THOS. BYRNE JOHN GLAE PETER OLINGER J. W. HALPIN, PHIL. RYDER, A. VOGLER, J. B. POWERS N. P. NICKS P. W. CRAWfORD, Fifth Ward. JOSEPH KAUFMANN, THEa. BAUER ALDERMEN. First Ward. Second Ward. A. CULLEN T. J. SHEA Third Ward. Fourth Ward. JOHN SCHULTE W. W. BONSON OFFICERS OF THE CITY GOVEHNMENT. 1896 OFFICEHS OF THE CITY GOVEHNMRNT. 1898-1899 XVI xvn T. '.('. DUFFY, Mayor. Recorder...........................,.L. M. LANGSTAFF Treasurer................................H. B. GNIFFKE Auditor.........................,......M. M. McCARTEN Attorney.............,..................JAS. E. KNIGHT Assessor...............................JOHN F. STEMM C. H. BERG, Mayor. Recorder.....,.....,.................L. M. LANGSTAFF Treasurer................................H. B. GNIFFKE Assessor.................................E. O. DUNCAN Auditor..,.......,......................F. B. HOFFMAN AttorneY............................THOMAS II. DUFFY Eugineer...................................E. C. BLAKE Marshal..................,;..;......EDWARD MORGAN ALDERMEN. First Ward. A. A. CULLEN, PHIL. F. RYDER, Second Ward. Third Ward. THEO. ALTMAN, W. W. BONSON, Fourth Ward. Fifth Ward. THEO. BAUER, 1897 J. W. McEVOY B. LAGEN ALDERMEN--AT--LARGE. C. E. WALES, RUDOLPH JONES ALDERMEN. First Ward......................... .JAMES T. DUGGAN Second Ward...................,....P. H. McLAUGHLIN Third Ward""'..........................JOHN FLYNN FourthWard.............,...,........P. W. CRAWFORD Fifth Ward............. """""""'" ....E. E. FRITH G. B. ALBRECHT C:H. BERG FRANK DENNERT T. T. DUFFY, Mayor. Recorder......,......................L. M. LANGSTAFF Treasurer................................II. B. GNIFFKE Auditor...............................M. M. McCARTEN Attorney........,...................THOMAS H. DUFFY Assessor..................................E. O. DUNCAN ALDERMEN. First Ward. A. A. CULLEN, B. LAGEN, Second Ward. Third Ward. GEO. B. ALBRECHT, Fourth Ward. C. II. BERG, FRANK DENNERT, Fifth Ward. J. W. McEVOY M. STAFFORD J. R JELLISON P. W. CRAWFORD C. T. THO,,1AS CITY COUNCILoF DUBUQUE. CITY OFFICE RS RULES OF ORDER. 1900-1901. C. I-I. BERG, Mayor. J. W. KINTZINGER, Mayor Pro Tem. Rule L The rules of pr:ocedure and order of business shall be strictly adhered to by the City Council, unless they shall be temporarily suspended by the consent of three-fourths of the aldermen present. Rule 2. The City Council shall meet regularly on the First and Third Thursday of each month, at 8 o'clock P. 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. Rule 4. The Mayor, when present, shall preside at meet- ings of the Council, and shall have the casting vote and no other. Rule 5. At 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 'offense. 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 presidel1t for the occasion. Upon the appearance of a quorum, and beil1g duly organized, the Council shall proceed to the busi- ness before them, which shall be conducted in the order follow- ing: L Reading the minutes of the last meeting-amendment and approval of the same. 2. Presentation of bills, Recorder....,.,.......................L. M. LANGSTAFF Treasurer.......,..................HENRY B. GNIFFKE Assessor...................................c. B. SCHERR Auditor............................... .F. B. HOFFMAN Attorney....... ......... .... ..... ...THOMAS II. DUFFY Engineer..,......................,.........E. C. BLAKE Marshal...........................,.EDWARD MORGAN Street Commissioner........,............WM. P. CARTER Chief of Fire Department. . . . . . . .. . . . . .. .JOS. REINFRIED ALDERMEN--AT--LARGE. RUDOLPH JONES, J. J. SHERIDAN ALDERMEN. First Ward...............................MAT. CLANCY Second Ward........................P. I-I. McLAUGHLIN Third Ward..................................J. L. HORR Fourth Ward.........................J. W. KINTZINGER Fifth Ward..............................EUGENE FRITH 20 TIULES of ORDER 3. Presentation of petitions and communications. 4. Rcports of officers. 5. Reports of standing committees. 6. Reports of select corÌuuittees. 7. Unfinished business of preceding meetings. 8. Motions, resolutions and notices. Rule 7. The Mayor shall preserve order and decornm, and shall decide questions of order, subject to 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 without leave of thc president. Rule 10. Every member, when desirous of speaking, shall Tise from his scat, address himself to the Mayor, and say, "Mr. President," but shall not proceed with his remarks until recog- nized and named by the chair. Rule I 1. 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 entertain 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 decision of the Chair shall be conclusive; but if the member ap- peal from the decision of the Chair, the Council shall decide on the case without debate. . Rule IS. All motions aud resolutions shall be reduced to writing, if required by the president or a member, and when seconded and stated by the Chair, shall be open for considera- tion; and no motion or resolution can be withdrawn after it shall have been amended ordecided. Rule 16. Every member who shall be presel1t whel1 a ques- tion is stated from the Chair, shall vote thereon, unless excused by the Council, or unless he be directly interested in the ques- tion, in which case be shall not vote. Rule 17. If a vote is doubted, any member may call for a division, and the question shall then bc decided bv the mem- bers rising in their places. 'The ayes and noes máy be called for by anyone member, in which case the l1ames of members voting shall be recorded on the minutes. RULES OF ORDER 2 ¡ Rule J8. If the question in debate contains several dis~ tinct 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 shalf have precedence in the following order: 1. To lie on the table. 2. To postpone. 3. To commit. 4. 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 mations. 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 amendment and debate on the main question, and a motion to postpone indefinitely, or to a certain dåy, 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 except on the same day, or at the next succeeding regular meet- ing 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 pm tem., unless otherwise directed by the Council. . Rnle 26. Standing and select committees shall in all cases report in writing. All reports of committees shall be addressed, "To the Mayor and Aldermen," or the "City Council" of Du- buque. Rule 27. The standing committees shall be appointed an- nually, and the person first named on the committee shall be chairman thereof. The following shall be the standing com- mittees, to-wit: 1. 011 finance. 2. On ordinances. 3. On claims. 4. On streets. 5. On harbors. 22 RULES OF ORDER. 6. On markets. 7. On public grounds and buildings. 8. On printing. 9. On fire and water. 10. On police and light. II. On delinquent tax. . 12. On sewers. "3. On supplies. "4. On electrical construction. IS. On paving. 16. On executive committee; board of health. Rule 28. All appointments to office by the Council shall be by ballot or viva vocc, as the Council shall determine, and a majority of the menlbers present shall be necessary to a choice. Rule 29. All ordinances or by-laws of a general or per- manent nature shall be fully and distinctly read at two regular meetings of the Council before their final påssage. No ordi- l1ance shall contain or relate to more than, one subject, which shall be clearly expressed in its title. ' Rule 3°. The City Recorder shall direct all papers to ap- propriate committees and officers, as early as the next day after the reference shall have been made, and the Marshal shall de- liver the same. The Recorder shall attend all meetings of the CouuciL Rule 31. The Marshal shall have charge of the Council room, shall attend all the meetings of the Council, al1d assist in preserving order. Rule 32. The Council shall keep a journal of its proceed- 'f' ings, which shall be o!?en at all times for inspection; shall make . and el1force rules for lts government; compel the attendance of , absent members, when necessary; punish for disorderly con- duct; and bv a vote of two-thirds of the Aldermen elected mav, at their discretion, exuel anv member. But if such membel~ l;e re-elccted to fill the ';aeancy occasioned by such expulsion, he' shall not again be expelled for the same offense. Rule 33. No personalities or reflections injurious to the feeliugs 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. REVISED ORDINANCES OF 19°1. A RESOLUTION for Revising, Amending and Consoli- dating the Ordinances of the City of Dubuque, Iowa: WHEREAS, It is expedient that the Ordinances of this City should be revised, consolidated and arranged in appropriate chapters and sections; that omissions should be supplied and defects amended, and that the whole should be rendered plain, concise and intelligible; therefore, BE IT RESOLVED by the City Council of the City of Dubuque: That all the ordinances of the city be revised and published in book form, and that such publication shall be a sufficient publication and they shall be in force ftom and after such publication. ' Adopted, April 4, 19°1. Approved, April 5, 1901. C. H. BERG, Attest: Mayor of the City of Dubuque, Iowa. L. M. LANGSTAFF, City Recorder. CHAPTER L AN ORDINANCE establishing the City Seal. Be it Ordained by the City Council of the City of Dubuque: Section I. That the seal heretofore provided and used by and for the Citv of Dubuque, having in the center the words, "La Petite Nui!," and around the edge "Seal of the City of" Dubuque, IowiL," is hereby established and declared to have- been and now to be the seal of the City of Dubuque. CHAPTER II. REVISED CITY ORDINANCES. 25 Sec. 4. The Fourth Ward shall include all that part of the city situated north of the First Ward, west of Grandviêw avenue, and north of the Second Ward, east of Grandview avenue, west of the westerly boundary of the Third Ward as described by the last preceding section, and south of a line described as follows, to-wit: Commencing at the northwest corner of the Third Ward at a point where the center line of Heeb'salley intersects the south boundary line of Marsh's addition, and running thence wçsterly in a direct course to the northeasterly corner of Cox's addition; thence northwesterly along the uorth line of Cox's addition to the northeast corner of Porter's addition; thence westerly along the north line of Porter's addition to the north- east corner of Littleton and Sawyer's addition; thence along the north line of Littleton and Sawyer's addition to the northwest corner of said addition; thence ill a direct course due west to the west boundary of the city. Sec. 5. The Fifth Ward shall include all that part of the city lying north of the northern boundary line of the Third and Fourth Wards, 'iI'~described in the last two precediug sections. ~4 REVISED CITY ORDINANCES. AN ORDINANCE to provide for adjusting and re-establishing the Ward boundaries. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the First Ward of the City of Dubuque shall include all that part of the city lying south of the follow- ing line, to-wit: Commencing at a point where the center line of Third street, extended, intersects the main channel 'of the Mississippi river; thence rnnning westerly along the center line of Third street, as laid out and established, to Grandview avenue; thence from Grandview avenue westerly along the south boundary of mineral lot one hundred and sixty-one ([61) to its southwest corner; thence northwesterly along the bound- ary line between mil1erallots one hundred anel sixty-two (162) and one hundred and sixty-three (163) to the south boundary of the sub-division of the Gil1iam lot, as exhibited on Tschirgi's map of the City of Dubuque; thence westerly along the south boundary of said sub-division tò the west boundãry of the City of Dubuque. Sec. 2. The Second Ward shall include all that portion of the city north of the First Ward, east of Grandview avenue, and south of the following line, to-wit: Commencing at a point where Eighth street, extended easterly, intersects the main channel of the Mississippi river; thence running westerly along the center of Eighth street and Julien avenue to the intersection of said avenue with West Eighth street; thence to its intersec- tion with the Delhi road at Broad street; thence westerly along the center of the Delhi road to Grandview avenue. ' Sec. 3. The Third Ward shall include all that part of the city situated north of the Second Ward and east and south of the following described line, to-wit: Commencing at the inter- section of Eighth and Main streets, and running northerly along the center of Main street to Seventeenth; thence easterly along the center of Sevententh street to its intersection with Seminary street; thence northerly along the center of Seminary street to its intersection with Heeb's alley; thence northerly along the center of said alley to the south boundary of Marsh's addition; thence easterly along the south boundary of Marsh's addition to Couler avenue; thence from Couler avenuc easterly along the center line of Lake street to the intersection of Lake street with the center line of Cedar street; thel1ce easterly in a direct line to a point at the intersection of the center linc of Lvnn street with the center line of Twentieth street; thence easterly along the center line of said Twentieth street, extended, in a direct course to the main channel of the Mississippi river. CHAPTER III. AN ORDINANCE providing for the subdivision of the several wards of the City of Dubuque into election precincts. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the First Ward of the City of Dubuque shall be, and is hereby divided into two election precincts. That all that portion of said Ward lying south of Dodge street and South street and on a direct line from center of South street to city limits shall constitute and be known as the First Precinct; that all that portion of said Ward lying north of Dodge street and South street shall constitute and be known as the Second Precinct. Sec. 2. That the Second Ward of said citv shall be divided into two election precincts. That all that portion of said' Ward east of Locust street shall constitute the First Precinct; and all that portion of the Ward west of Locust street shall constitute the Second Precinct. Sec. 3. That the Third Ward of said city shall be divided into three precincts. All that portion of said Ward lying be- twecn Eighth and Twelfth streets shall constitute the First Pre- cinct; all that portion of said Ward lying between Twelfth and Fifteenth streets shall constitute the Second Precinct; all that portion of said Ward north of Fifteenth street shall constitute the Third Precinct. 26 HEVlSED CITY ORDINANCES. Sec. 4. That the Fourth Ward of said city shaJl be divided il1to three election precincts. That aJl that portion of said Ward lying south of Fonrteenth street and east of Alta Vista street shaJl constitute the First Precinct; aJl that portion of said Ward west of Alta Vista street and south of West Locust street and Arch street to the city limits shaJl constitute the Second Precinct; aJl that portion of said Ward north of Fourteenth street and east of Aha Vista street to its intersection with West Locust street, and aJll1orth of Arch street and north and east.of West Locust street, shaJl constitute the Third Precinct. Sec. 5. That the Fifth Ward of said city shaJl be divided into four election precincts. All that portion of said Ward lying west of Couler avenue shaJl constitute the First Precinct; aJl that portion of said Ward lying north of Twentieth street, east of Coule1"a'Venue, south of Sanford street and west of Windsor avenue shaJl constitute the Secon~recinct; aJl that portion of said Ward lying east of Windsor avenue to intersec- tion with Twentieth street to city limits shaJl constitute the Third Precinct; aJl that portion of said W anI lying north of San- ford street, east of Couler avenue, west of Windsor avenue to city limits shaJl constitute the Fourth Precinct. CHAPTER IV. AN ORDINAN~E to regulate Elections. Be it Ordained by" t\1e City Council of the City of Dubuque: Section 1. The City Council shaJl, not less than ten days before the regular city election, appoint aud, provide a place in each precinct at which the election shaJl be heLl, and notice of the same shaJl be published in the proclamation of the Mayor, which shaJl be issued in conformity with Section 4 of the City Charter, and shaJl specify the officers to be elected, and time for opening and"'dosing of the poJls. Sec. 2. The City Council shaJl also, on or before the sixth Monday preceding each general. clection, appoint a Board of Registers as provided by Chapter 2, Title VI., of the Code of 1897 of Iowa, whose duties shaJl be, and who shaJl proceed as provided in said chapter and amendments thereto. Sec. 3. The City Council shaJl appoint three judges and two clerks for each poJling place, and each Alderman shaJl be appointed as a judge of election in the precinct in which he re- sides. No more than two of such judges, nor one of said clerks, shaJl belong to the same political party. That at aJl city clec- tions in the èity, a separate poJl shaJl be opened at such place as shaJl be designated by thc City Council in each of the Precincts REVISED CI'~Y ORDINANCES. 27 for the reception of the ballots of the legal voters. No person shall vote in any other Precinct than that in which he resides at the time. Sec. 4. Vacancies in the Board of Registers, or of the Judges and Clerks of Election shall be filled as provided by Sec- tions 1076 and 1093 of the Code of 1897, and the City Conncil and the City Officers shall perform all the duties required of them by the laws of the State of Iow,,: as to registration of voters, and the holding of elections, and such elections shaJl be conducted in the manner, and the vote canvassed aud declared, so far as practicable, as provided by the state law rclating to -elections. CHAPTER V. AN ORDINANCE providing for the election of City Officers; fixing their term of office, and qualifications. Be it Ordained by the City Council of the City of Dubuque: Section I. That at the regular city election, on the First Monday in April, '902, and every two years thereafter, there shall be elected, a Mayor, a Recorder, Auditor, Treasnrer, City Attorney, Assessor and Engineer, two Aldermen at Large, and one Alderman from each Ward in the city, who shall hold their offices for the term of two years, and until their sucèessor shall 1,ave been elected and qualified. The term of ,no appointive officer shall exceed two years. Sec. 2, That aJl offieers in said city who are required to' qualify by bond, before entering upon the duties of the office to which such person may be elected or appointed, shall present to the City Council for their approval a bond with at least two good and sufficient sureties, resident freeholders of said city, or guaranteed by a company or corporation, as ,provided by Sec- tion 360 of the Code of 1897, of Iowa, in such penal sum as the City Council may by resolution fix and determine therefor, which bond shall be conditioned that the Derson so elected or appointed to such office. shall faithfully perf;'rm 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 halances of money re- maining in his hand at the termination of his office, and that he shall exercise all reasonable diligence and care in the preserva- tion of aJl books, papers, money or other property belonging to said city and appertaining to his office, and deliver the same to bis SUccessor or any other Derson anthorized to demand and re- ceive the S""'e. - 28 REVISED Crry ORDINANCES. HEVISED CITY OTIDINANCES. 29 if an elective office, until the next succeeding regular city election, when the vacancy shall be filled by election by the people. CHAPTER VI. AN ORDINANCE to determine contested elections and tie votes. Be it Ordained by the City Council of Dubuque: Section 1. The City Council shall be the tribunal for the trial and decision of contested city elections, and it shall have the power to compel the attendance of any witness deemed necessary and compel such witness to testify and answer all questions proper for a determination of the contest. The Mayor shall preside, or if he be the party, then a Mayor pro tem., elect- ed by the Council. No officer whose right is being contested shall act officially in the determination of the contest. The con- testant must file with the Recorder of the city a verified written statement giving notice of his intention to contest the election, the name of the incumJ¡ent, the office contested, the time of elec- tion, and the particular causes of contest. He must also file a bond, with sureties to be approved by the Recorder, conditioned to pay all costs in case the election be confirmed, or the state- ment dismissed, or the contestant fails. Sec. 2. When the reception of illegal, or the rejection of Jegal votes is the ground of the contest, the names, when known, of the person who so voted, or whose votes were rejected, with the election precincts where they so voted or offered to vote, shall be set forth in the statement above provided for. And in all cases the statement must specify with particularity the grounds upon which the contestant relies. Sec. 3. The Recorder shall cause a notice of this statement to be served upon the incumbent without delay, which shall state the time and place of the trial, which shall be fixed by the Mayor 110t less than twenty or more thal1 thirty days from the filing of the statement, and the notice shall be served ten daj'S before the trial. The incumbent shall, under oath, answer the statement, and file the answer with the Recorder within five days after be- ing served with notice of the col1testal1t's statement. After the time for answering has elapsed, either party may take testimony by deposition, on giving two days' notice. The evidence may be verbal, or by deposition, or both. If a witness whose testimony has been taken by deposition is a resident of the city, or can readily be procured, the Council may, if it sees fit, Ol'der him to be produced to testify in their presence. No ex parte evidence shall be received except by consent. And the Council shall de- Sec. 3. That all official bonds, as proyided in the preceding Section, shall run to the City of Dubuque, and if accepted and securities 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 l1ame of the city, against the persons or cor- porations whose names are subscribed thereto, or their persol1aJ representatives, before any court havíng jurisdiction, and an moneys thereon received or secured shall be paid into the City Treasury as other city money. Providcd, That the bond of the City Recorder shall be deposited with amI kept by the Auditor. Sec. 4. That no city officer shall be entitled to enter upon the discharge of his official duties until after he shall have taken the oath of office dulv administered in open session at some regular or special meeting of the City Council by the Mayor m- other presiding officer-which oath shall be in the following form: I.............., do solemnly swear, or affirm, that I wiH support the constitution of the United States and of the State of Iowa, and faithfully and impartially perform the duties of the office of. . . . . . . . . . to which I have been elected (or appointed). So help me God I Sec. 5. In the case of officers who may be required by ordinance or resolution of the Council to give bonds for the faithful discharge of their duties, no officer shall be permitted to take the oath of office until his official bond shall have been approved. Whenever the official bond of any officer shall have been approved, the Mayor, or temporary presiding officer, shall indorse on said bond the fact of such approval by the City Coun- cil. And the Recorder shall thereupon enter said bond in the "Bond Book" of the city. Sec. 6. All officers elected at a regular election, except the' Mayor and Aldermel1, and all officers appointed by the City Council who have qualified, as heretofore provided, shall enter on the discharge of their official duties and their compensation begin, on the first day of May following, and sball contil1ue to discharge said duties and be entitled to the compensation thcre- for until the first day of May followil1g the election or appoint- ment and qualification of their successors, except as otherwise provided by law or ordinance; Provided that any appointive officer may be removed by tbe Councilor his office discontinued at any time. Sec. 7. The City Council shall fill all vacancies which may occur among the officers of said city, by appointment, except as otherwise provided. The person so appointed to hold office 30 REVI8ED CITY ORDINANCES. termine the contest at its next meeting after the hearing, unless good cause for continuance be shown by af£davit stating the facts. No adjournment or continuance shall be for a longer time than is necessary to give the parties an opportunity for a fair trial; and the parties may. be heard þy themselves or by counsel. Sec. 4. Whenever two or more persons receive an equal and the highcst 11umber of votes for Mayor, Alderman, or any other elective municipal of£ce, the Recorder shall issue a 110tice to such persons of suèh tie vote, and require them to appear at the next special, or adjourned, or regular meeting of the COlm- cil to be hcld after the service of such notice; to determine by lot which of them is elected. Sec. 5. Thè lot shall be arranged by the Mayor or acting Mayor, in the presence of the Council, and of the parties, if prese)1t. If either or any of the parties fail to appear and take part in the lot, the Mayor or presiding of£cer shall draw for him, and the proceedings and results shall be entered upon the journal by the Recorder. Sec. 6. All the provisions of Chapter Seven, Title VI., of the Code of 1897, for contesting the election of county of£cers, so far as the above is appJicable, and except as herein modified, shall apply to contests held u~der and by virtue of this ordi- nance. The result, the vote being taken by ayes and nays, shan be entered noon the records of the Council. The unsuccessful party is liablê for costs of of£cers and witnesses, and depositions. And for these costs an action lies by the successful party, or the of£cer or witness entitled to his fees. In nQ,!j:ase shall the city be liable for such costs. CHAPTER VII. AN ORDINANCE relating to City Property. Be it Ordained by the City Council of the City of Dubuque: Section I. That it shall be the duty of each and every of- ficer of this city, in possession of any movable or. personal prop- erty belongiug to the city, within ten days after receiving the samc, to make and file with the City Auditor a full and specific list or schedule of all and every article or articles of whatever kind and description belonging to the city in his possession or' under his control, with his signature subscribed thereto; Pro- vided, That the list or schedule to be made by the City Auditor shall be filed with the City Treasurer, and every of£cer here" after ejected or appointed shall, on entering upon the duties of his of£ce, file a like receipt. Sec. 2. The list or schedule to be made and filed by the REVISED CITY ORDINANCES. :n Recorder and Treasurer shall include, by specific name and de- sCriptiOl1, all books of record or account, relating to the affairs of the city, and all printed books and pamphlets, and all other property belonging to the city, in possession of either of said of£cers, exclusive of written papers on file ;11 the office of either of them. Sec. 3. That after said lists or schedules are made and filed, as hereby required, it shall be the duty of every city of£cer, as often as he shall receive into his .custody by purchase on ac- count of the city, or in any other manner, any property of the city for which he shall not have delivered a receipt to some other person lawfully holding the same of and for the city, immedi.. ately to file a receipt therefor with the City Auditor, stating therein ",hen, of whom, and by what authority he obtained the same. Sec. 4. That no of£cer having possession or control of any city property whatsoever, shall at any time deliver or transfer ¡mch property, or any part thereof, to any other person, unless such person is duly authorized to take and receive the same, and shall first have executed and deJivered a specific receipt therefor. Sec. 5. That all of£cial receipts of any incoming of£cer to his predecessor, shall be executed in duplicate, one of which shall be immediately filed with the City Auditor, and no out- going of£cer shall be entitled to any allowance of unpaid salary for the last month of his.term of of£ce, nor shall the Council make any such allowance until he shall produce the receipt of his successor in office, for all property for which such outgoing of£cer is or may be a~untable. Sec. 6. That if any of£cer of this city shall suffer any prop- erty thereof, in his custody or under his control, to be lost,or to be injured or destroyed, and unless he can show, to the satis- faction of the City Council, that such loss, injury or destruction, was occasioned by circumstances beyond his control, and that he used due diligence and care to preserve such property, hc shall be required to replace the same, and upon failure to replace and make good such property within such time as the City Coun- cil may fix, the value thereof shall be deducted and retained out of his 'salary, or if the value thereof shall exceed the amount of his salary cine, or to become due, he shall be liable therefor on his official bond. CHAPTER VIII. AN ORDINANCE to define the duties of the Mayor of the City of Dubuque. ' Be it Ordained by the City Council of the City of Dubuque: Section L The Mayor shall be the chief executive of£cer 32 REVISED CITY ORDINANCES. of the city, and shall take care that the criminal laws of the State and the ordinances of the city are duly enforced within the city.. He shall from time to time giye to the City Council information in regard to the affairs of'the city, and make such recommenda- tions as he may deem advisable. Sec. 2. He may call special sessions of the City Council at any time by giving each member thereof'reasonable notice of such meeting, sent personally by the Marshal or Chief of police, or by notice in writing left athis usual place of residence, stating the time and place of such meeting. And it is hel:eby made his duty to call a special mceting of the Council at any timc, upon written request of four members thereof; and when the same shall have assembled he shall state the cause for which it has been ealled. Sec. 3. The Mayor shall have general supervision over all city officers, and may, as often as he shall deem necessary, ex- amine into the condition of their respective offices, the books, papers and records therein, and the manner of conducting their business, and may call upon any officer of the city for informa- tion in relation to any matter pertaining to the.functions of his office. Sec. 4. The Mayor shaIl report to the Council all viola- tions or neglect of duty on the part of any city officer, which shaIl come to his knowledge, and when hl',t,elieves the city will sustain loss or injury by such violation or'neglect, he may con- vene the City Council for the purpose of taking action in rela- tion thereto. Sec. 5. The Mayor shaIl, on behalf of the city, sign all con- tracts made between the city and any other party, and it .shaIl be his special duty to see that the other contracting party faith- fully complies with his or their part of the contract. He shaIl sign all ordinances and resolutions adopted by the City Council before the same shaIl be in force, unless they become operative as provided in Section 685 of the Code. ' Sec. 6. He sbaIl be a conservator of the peace within the city, and may caIl to his assistance the police force of the city, and, if necessary, any citizen o¡ the city to aid him in preventing or queIling any riot, or unlawful assembly, or in preventing any breach of the peace within the city. And any officer, or any private citizen, who shaIl refuse to obey the orders of the Mayor in the premises, shaIl be fined in a sum not less than five, n()r more than one hundred dollars. Sec. 7. That the office of the Mayor, for thc transaction of all business of the City of Dubuque connectecl with his official position, ancl for the. discharge of all duties imposed upon him REVISED CIT.Y ORDINANCES. 3B by the Charter and Ordinances of said city, shaIl be kept in the City HaIl. . CHAPTER IX. 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: Section I. It shaIl be the dutv of the Recorder of this citv to attend af every meeting of the- City Council and to furnish the Mayor with an abstract of all unfinished business., He shaIl keep a correct record of the proceedings of the City Council in " book provided for that purpose, and properly index the same; shaIl issue all notices of regular and special elections required to be given by law, or in pursuance of any resolution or ordi- nance of the City Council, and when required by the Mayor, or in his absence by the Mayor pro tem., shaIl issue to the City Marshal a notice to the members of the City Council of any special meeting of said CounciL He shaIlnotify all committees of their appointment and of the business referred to them: awl shaIl notify all inspectors and other officers of their election, and shaIl, when directed by the City Council, prepare and issue venires for opening streets and highways, for assessing damages thereon, and shaIl perform such other duties as are required of him by law, ordinance or resolution. Sec. 2. He shan have the custody of all ordinances passed by the City Council, and shaIl record the same at length in a separate hook to be kept for that purpose, and properly index the same; and it shaIl be his special duty to see that all ordi- nances are promptly and correctly published in the official papers of the city, and such other papers as may be directed by the Council, and proeure from the publishers thereof the proper affidavit of such publication, and file and preserve the same in his office. Sec. 3. He shaIl record at length, and properly index, in a separate book to be provided for that purpose, all resolutions and orders of the City Council, all reports of every officer, com- mittee and jury in relation to the laying out or altering of any street, aIley, or highway, or in relation to the grading, paving or macadamizing thereof, or in relation to the grading, paving, Dr curbing of any sidewalk; also, all notices issued, with the return of the officer serving the same, and the affidavit of the printer publishing the same, of the publication thereof. He shaIl also, in the same book, and in like manner, record all pm- ,eeedings had in relation to filling up or draining of any grounds or lot in the city, by order of the CounciL 34 REVISED crry ORDINANCES. Sec. 4. He sh~ll keep the seal of the city, and shall duly attest thereby all deeds, contracts and other papers required to be attested. He shall keep a book of deeds and contracts, and shall enter therein correct copies of all deeds and contracts exe- cuted by, or in favor of the city, except deeds for cemetery lots, of which he shaIl enter in a separate book, the date,name of purchaser, number of lot and amount paid for same; and shall properly index both of said books. Sec. 5. He shaIl keep a register of all licenses and permits gral1ted by the city, noting the time when issued, the business or purposes for which issued, the .person to whom issued, and the date of expiration of the same. He shaIl also number, file, and preserve in his office, all petitions and remonstrances pre- sented to the City Council, and keep a correct list and index thereof. Sec. 6. He shaIl draw orders on the treasury for all money ordered paid therefrom by the City Council, and shaIl specify the fund out of which the same is to be paid, and shaIl enter the same in numerical order in a book to be kept for that purpose, . but he shaIl not draw several orders for smaIler amounts to cancel any order for a larger amount. He shaIl also keep a record of all orders drawn by him on the tre~sury and specify the number, date, amount, drawee's name, upon what fund, and the purpose for which the same was appropriated. Sec. 7. He shaIl also keep a book designated as a war- rant book, bound with a marginal back, on which margin he shaIl keep a record of the number, date, amount, drawee's name, upon what fund, of all warrants he máy issue by order 01 the City Council, and before delivering any warrant shaIl re- quire the drawee to receipt for the same, and in all cases where warrants are disposed of before being issued, he shaIl, before delivering such warrant, require a written order for such war- rant, signed by the drawee, which order shaIl be attached to the marginal back. Sec. 8. He shaIl report to the City Council, at every regu- lar session, a correct account of all receipts for money paid into the City Treasury by any city officer or other person which may have becn filed in his office, and of all orders drawn by him on the treasury, specifying the date, amount, drawee's name. and upon what fund drawn, which report, when examined by the Council, shaIl be filed with the Auditor. Sec. 9. He shaIl keep all records, papers and official docu- ments belonging to said city, with the ordinances, votes and proceedings of the City Council and all returns of assessments and elections for city officers, and of the appointments of all REVISED CITY ORDINANCES. 3& \. officers of the city, and shaIl, as soon as practicable after each meeting of the Council, prepare an abstract of the business transacted and a correct copy of all ordinances and resolutions. adopted, and shaIl deliver them immediately to the City Printer for publication, and shall not allow any. papers. or doc\1ments to be taken from his office without the consent of the Councilor by their direction, except when such papeJ.'s or documents are required by the City Attorney. Sec. IO. He shaIl keep a list of all committees and of the business referred to them, and note when they report, al1d the nature of such report. Sec. I I. He shaIl furnish to any city officer a duly certifiec[ copy of any record, paper, or public document made or filed in his office, when the same shaIl be necessarv to said ofJicer in the discharge of his ofJicial duty; and he shaIl'furnish a like copy to any citizen when required, and he will be entitled to receive, to be paid by said citizen, the sum of fifteen cents for everyone hundred words said copy shaIl contain, which shall be paid into the City Treasury. Sec. 12. The City CQtll1eil may at any time appoint a City Recorder pro tem., who shaIl perform all the duties of the Citv Recorder in his absence, or in case of his inability to act. He shaIl give bond in a sum to be fixed by the Council, which shaIl be approved and filed in the ofJice of the City Auditor. For all services performed by the Recorder pro tem. he shall receive all the salary due the Recorder for the time so employed. CHAPTER X. AN ORDINANCE regulating the manner of keeping the Of- ficial Record of the Proceedings of the City Council of the City of Dubuque, and to provide for the preservation of the same. Be it Ordained by the City Council of th~ City of Dubuque: Section I. That immediately after each and every meeting of the City Council, the City Recorder shaIl cause the journal kept by him of the proceedings of such meeting to be correctly printed on paper of good and substantial quality, and on pages of a uniform size, suitable for binding in record book form, with proper margins, and each page numbered consecutively. Sec. 2. That prior to the first regular session of the City Council in each month, the Recorder shaIl cause the journals printed as provided in the last section, of all the meetings of the City Council held during the preceding month, to be bound together in pamphlet form, and to furnish copies of the same --, - 36 REVISED CITY ORDINANCES. so bound to the Mayor and each member of the Council, and to such other officers as the Council may direct. That on the opening of the regular session 'of the 'Council in each month, the journal of each meeting during the last prcceding mouth shall be read, u)1less such reading shall be dispensed with by the CoÙncil, a,nd, if found to be correct, approved. If objection to any portion of the journal shall be raised by any member of the Council, the samc may be corrected. After the journal shall be approved by a vote of the Council, the printed journal of each meeting shall be signed by the Mayor, or President pro tem., and duly attested and signed by the City Recorder. Said print- ed journal, when so approved, and signed and attested by the Mayor and Recorder, shall constitute the official record of the City Council. ' Sec. 3. The journal required to be kept by the Recorder shall contain in full all motions, resolutions, offered or adopted, and all other actiol1 or proceeding taken, or had, at any regular, adjourned or special meeting of the City Council. Sec. 4. That immediately after the last day of December iu each year, the City Recorder shall cause all the printed jour- nals of the proceedings of the Council for the last preceding twelve months, as signed and attested by the Mayor and Re- corder, as provided in the second section of this ordinance, to be bound together in a substantial'book form, which shall con- stitute the complete aud permanent official record for the year. The City Recorder shall prepare and attach to said boo!> of record a full aud complete index, by subjects, of the contents of the same. Sec. 5. That such priIlted books of record of Council pro- "cedings shall be in lieu of the manuscript record books here- tofore used, which shall hereafter be dispensed with. CHAPTER XI. AN ORDINANCE to define the duties of City Auditor. Be it Ordained by the City Council of the City of Dubuque: Section I. That the Auditor shall be the general account- ant of the city, aud shall receive and preserve in his office all city account books and all vouchers, documents and papers re' lating to the accounts and coutracts of the city, its revel1l;e, debt, and fiscal affairs, whether between the city and any officer there- of, or between the city and any person or body corporate, except when such vouchers, documents or papers are, by ordiuance, placed in the custody of some other officer. . Sec. 2. It shall be the duty of the Auditor: REVISED CITY ORDINANCES. 37 First-To keep a record of all claims against the city, for the paymeut of which any money maybe 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 iu a correct and legible form, in double entry, the accounts between the city and all of-, ficers, persons, 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, speçifyiug the date, number aud amount, the name of the person to whom, and out of what fund payable, to be determined by the Auditor. Fourth-To delivJr to the persons entitled to receive the same, all warrant~ drawli on the treasury when called for, taking receipts therefor and charging the same when delivered to the proper accounts. . Fifth-To keep an account of all debts due to or from the city, and a bill book into which he shall enter all bonds, notes and other obligatiOl1S given by or payable to the city, with the names of the person or persons by or to whom, the time wheu, and the place where the principal and interest arc payable, with the rate of interest. Sixth-To keep in proper books the accounts between the city and the City Treasurer, charging him with all moneys re- ceived 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 differeut funds in the treasury, aud of any revenue which may be set apart and appropriated for any particular object by law, ordinance or resolution of the City Council. 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 Treasury within ten days after the adjustment of the account, the Auditor shall certify the amount due, to the City Council at its next meeting thereafter. He shall, when required, furnish the City Council with copies or abstracts of any book, accounts, records, vouchers, or documents in his office, or any information in relatiol1 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. should see that all officers having the collection or receipt of money for the city, shall make 88 REVISED CITY ORDINANCES, report and payment of the same, at the time required by ordi- l1ance, or when not so required, within a reasonable time, and on failure of any officer to make such report and payment, the Auditor shall l1otify the Council at their next regular meeting thereafter. He shall make and present to the City Council sèmi-aunual reports, in proper form (or publication, of all receipts aud expenditures of money belonging to the cíty for the six months preceding the date of such reports, ending with the months of February and August in each year. Sec. 6. He shall be in attendance at his office for bnsi- ness from the hour of 9 a. m. to I2m., and from 2 to 4 p. m., of each secular day, legal holidays excepted. CHAPTER XII. 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 Dubuquè: Section 1. That the Treasurer of the city shall collect, receive and safely keep all moneys due or to be paid to the city, and for every sum so received by him he shall execute and deliver to the person from whom such sum shall be re- ceived duplicate receipts, and shall at the same time inform such person that said receipts will l1ot be valid or binding- on the city until one of them shall be left with and the other countersigned by the City Auditor, which statement shall be also printed or written on the face of such receipt, and no receipts issued by said Treasurer shall be of any binding force or effect whatever against the city until the same shall have been so countersigned. He shall keep true and correct accounts with each fund of all receipts into and disbursements from 'the City Treasurer, and shall at the close of each mol1th 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 all orders paid by'him or received in payment of any dues to thc city, stating the number and amount of the same, to whom payable, on what fund drawn, when presented, and shall return all such orders to the Auditor to be cancelled weekly at the close of busincss on Saturdav, and shall at the same time return to said Auditor to be cancelled all paid bonds or coupons which may have been received, and shall, whenever required by the Finance Committee of the City Council, submit to the inspection of said committee all books, papers and money and other property of the city in his possession or under his control. Sec. 2, The Treasurer shall pay money from the city REVISED CITY ORDINANCES. 39 treasury only upori orders drawn upon, him by the City Re- corder, which orders shall be signed by the Mayor, or, in his absence, by the president pro tem. of the City Council, at- tested 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 payment of any order so drawn there be no money in the treasury belonging to the fI1nd out of which said order is made payable, he shall, if re- quired, endorse on such order the date of presentation, and keep a record of the same. Sec. 3. Thc Treasurer shall be ex-officio the collector of the city, and shall p~rform all the duties required by law or ordinance to be performed by the city collector. Sec. 4. At the expiratiou 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 Col- lector, taking a receipt for the same, and shall make a fnll and final report of his doings to the City Council previous to his surrendering his trust. " CHAPTER XIII. AN ORDINANCE to define the duties of City Attort1ey. Be it Ordained by the City Council of the City of Dnbnque: Section 1. That it shall be the duty of the City Attorney: First-To prosecute and' defend all suits and actions to be broughr 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 into controversy, or in which the official acts of any of its officers, servants, or agents ate 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, com- menced 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 suc- cessor to manage the case understandingly, which book or docket shall be the property of the city, and at the expiration of his term of office shall be deliyered to his successor, or any '4ü REVISED CITY ORDINANCES. other person legally authorized to' demand or receive the same, together with all other books and papers which may be in his possessian in his afficial capacity. Fourth-He shall perfarm all other services iu the line af his profession, connected with tbe business of the city, not herein enumerated, and shall in all eases be subject to the direction of the City Council. Fifth-He sbaIl repart to the City, Cauncil at the first regular meetil1g in March in each year, an abstract of all cases in which he has been engaged in behalf of the city, sillee his election ar appointment, with the result ar condition of the same. Sec. 2. No person shall be eligible to the office of City Attorney unless he shall have been licensed to nractiee in any of ¡he courts of this State for at leas; one year previous to his election. CHAPTER XIV. AN ORDINANCE to' define the duties of the City Engineer. Be it Ordained by the City Council of tbe City of Dubuque: Sectian I. 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 0' any improvement in the streets, alleys and highways of said city, contemplated or propased by said Council, and irj making. such survey the said Engineer shaIl designate by suitable marks and stakes placed in the ground, the situation and char- acter of such improvement as surveyed and estimated by him. See: 2. Tbat whenever required by the City Council the City Engineer sbaIl survey and plat any street or bighway, contemplated to be opened in said city, and shall return the same to the City Council, accompanied by such 110tes and ex- planatians as shall present a clear description of the route of such contemplated street or highway, with a designation thereon of the lands or lats through which the same will pass, and the proprietor or owner of each part or parcel thereaf, with the amount of land proposed to' be taken from each. Sec. 3. That the said Engineer shall, as soon as prac- ticable, ascertain aqd designate upon suitable plats thereof, to' be by him prepared, ,the grade of each, street or alley, here- after 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 consideration, and in case the REVISED CITY ORDINANCES. 41 Council shall l11ake any change in the grade of any street or alley, the Engineèr shall designate such change upon the monument by him placed ar designated, as aforesaid. Sec. 4. The City Council may by resolutian, whenever deemed expedient, authorize the City Engineer to appoint ane or more assistants, who shall be educated and competent civil engineers, and pO'ssessing the same qualifications as the City Engineer, to' assist him in the discharge of his official duties, but no appointment of any assistant engineer shall take effect until the City Engineer shall in writing submit such appointment, and the compensation proposed to be paid, to the City Cauncil for its approval. The vote on the ques- tion of such approval shall be by ballot, and a majority of all the Aldermen shall be required to confirm the appointment. Any person so appointed and confirmed Assistaut City En- gineer shall bold his position during the pleasure of the Coun- cil, not exceeding the unexpired term of the principal engineer. He shall discharge his duties under tbe direction of the City Engineer, and be subject to his suuervision. The time and services of the City Engineer and Assistant City Engineer while holding their several official positions, shall be devoted exclu- sively to the City of Dubuque, and to the performance of the duties imposed UpOl1 the City Engineer by ordinance, ami the instructions of the City Council. It shall be the duty of the City Eng-ineer to provide, as far as practicable, that his office in the City Hall shall be at all times apen for business during ordinary business hours, and that either himself or an assistant, or otber authorized person, shall be present t\)erein for the purpose of affording facilities for the examinatio¡j' of the maps, plats, grades, and othej. official records of the office by all per- sons desiring access thereto, and of rendering information in relation to,the same. . . Sec. 5. That it shall be the duty of such Engiueer to' take charge of all the books, plats and surveys of streets, alleys and grades belonging to the city, and safely keep the same, and on no occasion permit the same to pass out of his pos- session, except upon order of the City Council, or City Attor- ney. CHAPTER XV. AN ORDINANCE to define the powers and duties of the City . Marshal. Be it Ordained by the City Council of the City of Dubuque: Section 1. That it shall be the duty of the City Marshal and he is hereby authorized and empowered: 42 REVISED CITY ORDINANCES. First-Diligel1tly to enquire into and report to the Mayor, City Attorney, or some Justice of the Peace in said city, all violations of city ordinances, and all neglects to comply with the reqÚIrements thereof, by any person or persons, and to prosecute the person or persons guilty thereof. Second-To ascertain all suspicious or disorderly houses, or houses of ill-fame in the city, and all persons carrying on any business in said city without license, in all cases where license is necessary, and to report the same to the City Attor- ney or a Justiceof 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 ordinance 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. Fifth-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, or in the arresting of any person under a wan'ant, or in the suppression of any riot or unlawful assembly, or in preventing the violation of any ordinauce or of any law of the State, shall have power to require the aid of any citizen of the city, and any citizen who shall refuse or neglect to obey the summons of the Marshal in thiš section mentioned. shall be subject to a penalty of not less than five nor mor~ than fifty dollars, with costs, to be recovered on complaint before any court having jurisdiction. Sec. 3. That the City Marshal or Chief of Police shall have charge of the el1tire building known as the City Hall, with the halls, rooms, apartments al1d offices thereof, to act under the direction of the City Council, to t)rovide such fuel and lights therefor as may be needed, to see that all fires and lights are extinguished il1 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 severally used, and shall attend all the sessions of the City Council. He shall also have the charge of all other buildings belonging to the city, except the engine HEVISED CITY ORDiNANCES. houses, and shall report the condition of the same from time to time to the City Coul1cil. Sec. 4. The City Màrshal may, and he is hereby author- ized, to appoint one or more deputies, with the approval of the City Coul1cil, and removable by their direction. But no person once rejected shall be again proposed for the same position for that year. Sec. 5. The City Marshal shall execute all process or orders issued to him by the Mayor, City Council or other officer having authority to issue the same, and make return thereof according to law. Sec. 6. He shall pay monthly to the City Treasury all moneys which he may have collected under any ordinances of the city, or upon final process for fines and penalties im- posed by any court in behalf of the city, and take from the Treasurer duplicate receipts for the same, one of which he shall immediately file with the Auditor. Sec. 7. He shall keep a correct account, in a book pl'O- vided for that purpose, of all moneys which may come into his hands, from whatever source as said Marshal, stating from whom and on what account the same was paid; he shall sub- mit such books when required, to the inspection of the Mayor or City Council, or any committee thereof, for their examina- tion. Sec. 8. He shall, on the last Saturday in March of each year, make a final settlement with the City Treasnrer, in the presence of the Mayor, when he shall make a written state- ment on oath, showing a full acconnt of his receipts and dis- bursements, which shall be presented to the City Council for their approval. Sec. 9. He shall keep safely all property fonnd in the possession of anyone arrested for crime, and deliver over the same by order of the court by whom such person may be tried. Sec. ro. He shall notify the City Attorney of all prosecu- tions brought for violation of any city ordinance wherein his services may be reqnired, before the same is snbmitted for trial; shall attend all meetings of the City Council, and do the duties of sergeant-at-arms when required. Sec. II. If the City Marshal neglect or refuse to servo any process or notice duly issued to him by any authorized officer of the city, or neglect any of the duties of his said office, or shall discharge the same in a partial or improper manner, or shall make a false return, he shall forfeit and pay to the city a fine of not less than ten, nor more than one hundred dollars il1 each caSe. 48 ~I"f .Ã, "-~~~~- 44 REVISED CITY ORDINANCmS. CHAPTER XVI. AN ORDINANCE to abolish the office of City Marshal and providing for the appointment of a Chief of Police. Be it Ordained by the City Council of the City of Dtlbuque: Section 1. That on and after the first day of May, A. D., 1902, the office of City Marshal shall be abolished arid 110 perc son shall thereafter be elected to. said office. Sec. 2. That at the second regular meeting of the City Council after the regular city election in '9°2, and every two years thereafter the Mayor, with the approval of the City Council, shall appoint a Chief of Police, who shall hold his office for ,two years and until bis successor is appointed and qualified. Sec. 3. All powers and duties heretofore and by the re" vised ordinances imposed upon and required of the City Mar- shal are hereby conferred upon and required of the Chief of Police, and on and after the first day of May, 19°2, wherever the name "City Marshal" or "Marshal" is used in the ordinances of the city the words "Chief of police" shall be then substituted in lieu thereof. ' CHAPTER XVII. AN ORDINANCE to provide for the establishm.ent of a City Police and to prescribe Rules and Regulations therefor. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Mayor shall at any time appoint such number of policemen and night watchmen as the City Council may deem necessary for the purpose of guarding and protect- ing the peace and quiet of the city, and the lives and property of its inhabitants; and such policemen and night watchmen shall, while on duty during the day time, be under the con- trol and subject to the orders of the City Marshal. or Chief of Police, but during the night time, and in absence of the Mar- shal or Chief of police, shall be under the control and subject to the orders of the Captains of Police, to be appointed by the Mayor, and such Captains sh~ll also be policemen and subject to the orders of the Marshal or Chief of Police and shall report either to the Marshal, Chief of Police or Mayor any neglect of duty on the part of any policeman or watchman. The Marshal or Chief of Police and Police shall at all times be subordinate to and subject to the control of the Mayor. ' 'Sec. 2. All police officers or watchmen must be citizeus of the Unite,cI States and of the State of Iowa, and actual resi- REVISED CITY ORDINANCES. 45 dents of the City of Dubuque, and shall be capable of speaking the English language, and not interested or engaged in keeping any tavern, saloon, coffee house, ten-pin alley, or beer shop, and shall hold their office during the will and pleasure of the Mayor. Sec. 3. All police officers or watchmen shall, before en- tering upon the discharge of their duties, take and subscribe the usual oath of office. By thcir 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 offense against perSOl1S or property. For these purposes they are hereby invested with authority, and it shall be their duty to arrest, with or without warrant, and to imprison for the time being, until they can be brought be.. fore the proper court for examination or trìal, all persons who shall be guilty of any violations of the laws of the State or ordinances of the City. Sec. 4. Whenever any policeman or watchman shall be ;asleep while he should be on duty, or intoxicated, or absent from his beat, or guilty of any dereliction of duty, or of im- proper conduct, he shall be removed Or suspended by the Mayor. Sec. 5. Any person who shall have committed a breach ()f the peace, a felony, or a misdemeanor, or violation of an mdinance, may be pursued wherever he may go, and if he take refuge in any house, enclosure or other place, the police- man, after stating his office and object, may, if permission to enter be not given, break open the doors or windows, enter the 'house and arre'st the offender. Sec. 6. All police officers are respectively authorized and empowered in a peacable ¡Hanner (or if refused admit- tance after demand made with force and arms), to enter into any house, store, shop, grocery or other place or building in the city, in which any person or persons may reasonably be suspected to be for unlawful purposes, and if any person or persons shall be found therein, guilty of any crime or misde- meanor, or violation of any law or ordinance for the preserva- tion of the peace and good order of the city, or who may reason- ably be suspected thereof, or who shall be aiding or abetting such person or persons so found, said police officer shall ap" prehend and keep in custody such person or persons as in case ()f other arrests. Sec. 7- Each and every member of the police, in his conduct, and deportment, must be quiet, civil and orderly. REVISED ca'Y ORDINANCES. 46 In the performance of his duty he must maintain decorum and attention, command of temper, patience and discretion; he must at all times refrail1 from harsh, violent, coarse, profane or insolent language, and act with firmncss and energy. See. 8. No policeman shall accept or receive from any persòn while il1 custody, or after such person shall have been discharged, nor from any such person's friends, any gratuity, reward or gift, directly or indirectly, or any article or thing of value, as compensation for any damages sustained by him in the discharge of his duty., without the written permission of the Mayor. . Sec. 9. No policeman shall compound any offense com- mitted against persons or property, or withdraw any complaint therefor, without the consent of the Mayor. Sec. 10. No member of the police shall commul1icate to any person any il1formation which may enable any person to escape from arrest or pnnishment, or enable them to dis- pose of or secrete .any goods or other valuable thing stolen or embezzled. Sec. II. And all policemen, when on duty, shall wear the insignia of their office on the outside of the uttermost garment over the left breast, conspicuously displaying the same, so that the entire surface thereof may be seen, except when caution may dictate that the same shall not be exposed. Sec. 12. No member of the Dolice shall be absent from duty, or leave the city, without the. consent of the Mayor. Sec. 13. All persons who shall be arrested by the police during the time the office of any Justice shall be open, shall be taken immediately before said Justice; and all persons who shall be arrested at any other time shall be conveyed to the calaboose, unless otherwise ordered by the Mayor or Marshal or Chief of Police, or unless it shall require a place of greater security, in which case he sball be immediately taken to the county jail. Sec. 14. Any officer or policeman who shall wilfully maltreat or use unnecessary violence toward a prisoner or other person, shall, on complaint being made and the fact established, be suspended or discharged at the pleasure of the Mayor. Sec. 15. The Marshal or Chief of Police shall keep in his office a book in which shall be entered, by the officer making the arrest, the name of every person by him arrested and placed in the calaboose, with the date of the arrest and cause thereof, ,with such other facts as he shall deem proper and necessary. And at the end of each month, said Marshal or Chief of Police shall report to the City Council, the disposition which may have been made of the persons so confined. REVISED CI'rY ORDINANCES. 47 Sec. 16. The Marshal or Chief of Police, shall, every morning, on the opening of the police court, cause the persons who may be detained in the calaboose the night previous, and all property which may have come into his possession during the night, to be conveyed to the police court, accompanied by the policeman who. made the arrest; and said policeman shall file the information, read the warrant to the prisoner, and be- come a witness in relation to the charges made against the prisoner. Sec. 17. The policemen and watchmen shall obey the orders of the Marshal or Chief of Police, and shall report to him all violations of the city ordinances and of the laws of the State committed within the city, which may come to their knowledge, and also all suspicious persons, bawdy houses, gambling houses, and an other places where idlers, disordedy and suspicious persons congregate. Sec. 18. That any person who shall rescue or take from the custody 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 conyiction, be fined not less than twenty-five nor more than one hundred dollars. Sec. 19. That any Í)oliceman 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 dnty, 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 subject to a fine of not less than one nor more than twenty-five dollars. Sec. 20. Whoever shall falsely represent himself to be an officer of this city, or shall, without authority, exercise or attempt to exercise any of the powers, duties or functions of any city officer, shall be subject to a penalty of not less than twenty-five nor more than one hundred dollars. Sec. 21. It is hereby made the duty of all patrolmen, po- licemen, captains of police, City Marshal, and Chief of Police, to have all obstructions in their respective beats removed from the sidewalks, streets and gutters, and to put up all necessary guards and lights to prevent accident when sewers and bridges are open for repair. Sec. 22. The Mayor, with the concurrence of the City Council, is authorized and required to make and establish rules and regulations to be styled "Police Rules" not inconsistent with the City Ordinances, for the government and control of the members of the police department, as may be deemed ex- ~--~~- 48 TIEVISED cn'Y ORDINANCES. pedient and proper, including regulations prescribing the uni- form, dress and insignia of the members, and a printed copy of such rules shaIl be furnished to each member and a c<>py thereof shaIl be posted at police headquarters. CHAPTER XVIII. 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 Dnbuque: Section 1. That whenever they shaIl deem it expedient the City Council shaIl appoint a suitable person Street Com- missioner for the city, whose powers and duties shaIl be such as are defined by this ordinance, or as may be prescribed by the City Council, and who shaIl hold his office for the term of one year, and until his successor shaIl be duly appointed and qualified: Provided, That such term of office shaIl uot con- tinue after the first day of May foIlowing a city election in any year, and such office may be discontinued at any time by a vote of the City CoundL Sec. 2. That it shaIl be the duty of the Street Commis- sioner to take charge of all the streets, aIleys and highways in the city, and to superintend all work being done thereon, whether under contract or otherwise. He shaIl also from time to time report to the City Coundl, for their action, the condi- tion of the streets, aIleys and highways, and whenever, in his judgment, any action of the Council is necessary in relation thereto, he shaIl 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 shaIl, in connection with the City Engineer, carefuIly examine and report to the City Council a plan and estimate as nearly accurate as practicable, of any contemplated improvement or alteration in any street, aIley or highway in said city; and whenever any such improvement is in !)rogress it shaIl be the duty of the Street Commissioner, at least once in each month to report, in writing, to the City Council the progress and con- dition of such improvement, aud faithfuIly to observe and report whether anv breach is made of the terms of any contract in pursuance of which any such improvement o'r work may be in progress, and no work done uuder any contractshaIl be finaIly pai~l for. or the contractor released, until the same shaIl be reported complete by the Street Commissiouer. Sec. 4. That it shaIl also be the duty of the Street Commis- REVISED CITY ORDINANCES. 49 sioner to see that all ordinanccs 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 nuis- auces, the streets and highways of the city. CHAPTER XIX. AN ORDINANCE to provide for the appointment of a Side- walk Commissioner, and prescribing his duties. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the City Council shaIl in April of each year appoint some competent person to the position of Side- walk Commissioner. Sec. 2. That it shaIl be the duty of such Sidewalk Com- missioner to promptly cause to be repaired or repair all defects in sidewalks as provided in the Ordinances of the city, wherever found. It shaIl also be his duty to report monthly in writing to the City Council the location, cost, character of defect, description of lot and name of owner of lot in front of which such defect existed, and name of persons aetuaIly making the repairs. . Sec. 3. That at the first regular session of the City Coun- cil in each month a special tax shaIl be levied to pay fat the repairs contemplated in Section Two (2) hereof; Provided, that a notice of the Council's intention to levy such a tax shaIl have been published in the official papers of the city for ten days prior to such levy. Sec. 4. It shaIl be the duty of such Sidewalk Commis- sioner to report monthly in writing all such sidewalks as are in such dilapidated condition as to need relaying. And said Council shaIl thereupon, if deemed necessary and proper, by resolution order such new sidewalks laid at the expense of the abutting property. The said Sidewalk Commissioner shaIl award the contract to the lowest responsible bidder, and superintend the construction of such new sidewalks, and prepare special assessment notices for presentation to the City Council. Sec. 5. It shaIl be the duty of such Sidewalk Commis- sioner to cause to be removed all unlawfl1l obstruction from the sidewalks in the city. Sec. 6. The Mayor shaIl have authority to remove said Sidewalk Commissioner for neglect of duty or other cause at his pleasure. Sec. 7. The said Sidewalk Commissioner shaIl give a 50 REVISED CITY ORDINANCES. bond conditiol1ed for the faithful and strict performance of his duties in such sum as may be fixed by the City Council. Sec. 8. That said Sidewalk Commissioner shall receive such compensation as may be fixed by the City Council. CHAPTER XX. AN ORDINANCE appointing a Harbor Master and defining his duties and regulating Public Landings and Wharfage. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the City Council may, whenever they shall deem it expedient, appoint a Harbor or Wharf Master, who shall remain in office during the pleasure of the Council, but not to exceed one year. He shall have power to arrest without warrant any person whom he shall find violating any of the ordinances of the city, relating to harbors or wharfage. . 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 ac- count of the same, and to pay the amount into the City Treasury ol1ce 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 removed to the places assigned: P,:ovided, That no boat or raft shall be com- peJIcd to leave any place while discharging or receiving freight, unless a landing at such place shall be prohibited by ordinance, oranother landing shall have been previously designated by the Harbor Master. Sec. 3. That the portion of the public landing south of First street is hereby exclusively appropriated as a steamboat landing, and no raft or boat excepting steamboats and barges shall land thereat: Provided, That the Harbor Master may allow other boats and rafts to land freight at any point where- by the convenience of the owners will be promoted, if the land- ing of steamboats and their barges will not, in his opinion, be interfered with in any manner by such landing. Sec. 4. No steamboat company or person or persons shall, without permission of the City Council, place or station during the season of navigation any private wharf boat, dock or landing in front of the paved wharves or landings owned by the city. And any person or persons who shall violate this section shall be subject to a fine of ten dollars and costs, to be REVISED CITY ORDINANCES. 51 collected in any court having jurisdiction in the matter. And after notice of twenty-four hours to remove said wharf, dock or landing, if the same shall not be so removed, it shall be the dIrty of the Harbor Master to remove the same away from the front of the paved wharf and landing belonging to the city. Sec. 5. No wharfage shall be collected of any boat Or barge from which shall be landed any article subject to wharfage by the following section, except as therein specified: Provided, That any boat or barge landing al1Y other freight shall he suh- ject to the customary rate or wharfage. Sec. 6. There shall be collected au all wood landed upon the public landing, wharfage at the rate of two cents pel' cord. No wood shall he 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 land- ing for a longer time than three days after the Harbor Master shall have given writtel1 notice to tbe 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 same shall so remain. ' Sec. 7. If any person commanding any steamboat, water craft, or raft, or having in charge any lumber or wood, liable to pay wharfage to the city, shall land the same within the limits of the city, and neglect or refuse to pay the wharfage above specified, on demand being made therefor by the Harbor Master, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any Justice of the Peace, or other coÜrt, shall be fined not less than five, nor more than one hun- dred dollars. Sec. 8. If any person shall resist, or in any manner aid or abet in resisting the Harbor Master while in the discharge of his duties, or shall neglect or refuse to obey any lawful order given by him in the discharge thereof, he shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than five, nor more than one hundred dollars. CHAPTER XXI. AN ORDINANCE providing for the appointment of an In- spector of Wood, and regulating the sale of wood for fuel in the City of Dubuque. Be j¡ Ordained by the City Council of the City of Dubuque: Section 1. The City Council shall appoint each year a City Inspector of Wood, who shall remain in office during the pleasure of the Council, and whose 'duty it shall be to 52 REVISED CU'Y ORDINANCES. enforce the provisions of this ordi~ance, and such amend- ments thereto as may from time to time be made. Sec. 2. All wood sold for fuel in the city shaH hereafter he sold by the cord or part thereof; and the cord mentioned in this ordinauce shall consist of one hundred ,and twenty-eight cubic feet, well aud compactly stowed, and with reasonable al- lowance for crooked and uneven wood. Sec. 3. All persons bringing wood into the city and off,er- ihg the same for sale, upon the levee or banks of the Missis- sippi river or any of the sloughs or chaunels'thereof, or at 'any other place within the city limits, shall, when the same is placed upon the bal1ks or levee, or at such other place where the same is to be offered for sale, so pile said wood that a space of at least one foot shall intervene betweeu the ranks thereof, and each rank thereof shall be so piled as to clearly show the kind aud quality of wood in each rank, and to that end all limbs and crooked sticks shall be place.d upon the top of the ranks, orin a separate rank by themselves, and the other wood shall be piled bark up as compactly as possible. . Sec. 4. No person shall sell or offer for sale any wood for fuel within the limits of the City uutil said wood has been inspected and passed by the Inspector as herein provided for; and any person who shall violate the provisions of this section shall be liable to a fine of not less than one, nor more than ten dollars for each offense, and be imprisoned until such fine and costs are paid, not exceeding thirty days. Sec. 5. It shall be the duty of the Inspector of Wood to oversee the ranking and piling of all wood for fuel brought' to the City of Dubuque for sale, and to cause the same to be piled as herein provided for; and when piled to inspect and measure the same. If any wood is not piled as herein pro- vided for, he shall notify the owner or person having the same in charge to repile the same as herein provided for; ahd in case the owner or person havil1g the same in charge fails to do so within a reasonable time the Inspector shall. refuse to pass said wood, and shall mark the same as rejected. All wood properly piled and marked shall be measured by the In- spector who shall give a certificate of such measurement to the owner of the wood or person having the same in charge, setting forth the dimensions each way of the rank so measured, stating the number of feet in length of such rank required to make up a cord of one, hundred and twenty-eight cubic feet and the measurement so made shall be binding and con- clusive on both buyer and seller; a duplicate of the above certificate shall be attached by the Inspector to each rank of wood by him inspected and passed, and all sales of such REVISED CITY ORDINANCES. 53 wood shall be from the rank as measured by the Inspector; Provided, That whenever such wood be removed from the place where inspected al1d measured by the Inspector to any otber place in said city to be again offered for sale, the same shall be again ranked and measured, and a new certificate thereof attached to each rank as above provided, but the fees to be charged by the Inspector shall be only one-half the amount herein provided. Sec. 6. The Inspector oi Wood shall not buy, sell, or in any manner deal in wood either for himself or others save and except to purchase wood for his own use, nor shall he be interested, either directly or indirectly, in the purchasing or s.elling of wood, nor in the profits to be derived therefrom, nor shall he in any manrter aid or assist in making sales or purchases of. wood. Sec. 7. The fees of the Inspector for services rendered by him in inspecting and measnring wood shall be as fonows: For every lot of one cord or less, IO cents; for every lot over one and less than twenty cords, for each cord therein 5 cents; for every lot of twenty up to fifty, for each cord therein 4 cents; for every lot of fifty or over, for each cord therein 3 cents. Sec. 8. No person shall sell, or offer for sale, at any place within the corporate limits of the City, any wood for fuel, lp!lded upon any wagon, sled or other vehicle, unti1 the same s:hall have been first inspected and measured by the Inspector of Wood, and a certificate of the quantity thereof, in cords or part of. a cord, be procured by him. Sec, 9. That the Inspector of Wood is required to be present at the wood market during the business hours in the wil1ter time, and measure and inspect all wood that may be presente'd for measurement and inspection. Sec. 10. Any person who shall resist or interfere with the Inspcctor in the performance of his duties under this ordi- nal1ce, or shan neglect or refuse to comply with any of the requirements thereof, or shall mutilate, destroy or change any certificate attached by the Inspector to any rank of wood by him measured, or in any other m~nner violate any of the provisions, shall, when 110 other penalty is herein provided, be punished by fine not less than five or more than fifty dollars, with costs of prosecution, at the discretion of the court before which he ¡Üay be prosecuted, and such court may imprison such offender until such fine and costs be paid, not exceeding thirty days. Sec. 11. That the Inspector of Wood shall keep a correct and true account of all wood brought to the city for fuel, and 54 REVISED CITY ORDINANCES. shallrepol't to the City Council at the first regular session'in each month the amount of wood measured by him during the month previous, for whom the same was measured, and the amount of fees paid him therefor by each person, at whose re- quest such measurement was made, and shall account for and pay into the City Treasury five per cent of all fees received by him during said month, and shall turn over to the Auditor the stubs of all certificates issued by him, showing the date of issUe, the amount of wood measured, for whom measured, and the. fees charged by him. . That as soon as any wood shall have been measured by the Inspector, said Inspector shall have the right to demand and receive of the owner of such wood in advance the fe"" to which he may be entitled, and' shall not be required to deliver a certificate until such fees be paid. CHAPTER XXII. AN ORDINANCE providing for the appointment of a Market Master, defining his duties, establishing and regulating Markets and appointing Public Weighers and defining their duties. Be it Ordained by the City Council of the City of Dubuque: Section 1. The City Council may appoint a Market Master who shall exercise general care and supervision over the market house and grotlncfs, shall assign places to all wagons and dealers, and shall preserve order during market hours. He shall see that the market is properly cleaned, and that all dirt or offensive matter of any kind is removed at the close of each market dày, and that the market is opened and closed at the hours fixed by the Council. It shall be his duty to see that all prdinances in relation to the market are strictly enforced. He shall cause all unsound or diseased meats or other articles offered or ex- posed for sale in market to be seized and destroyed, 01' so dis- posed of as not to be used for food. He 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 proceèds thereof paid into the City Treasur~. Sec. 2. That the building on Thirteenth' Strcet,.betweell Clay and Iowa Streets, known as the Central Market, 0,80 much thereof as may be used for market purposes, with t)ie ground adjoining the same owned by the city, with as much of the streets adjacent thereto as may be necessary for the pur' pose, is h~reby established as a public market, and to be kept as such. . REVISED CITY ORDINANCES. 55 Sec. 3. That subject to Section 717 of the Code, the rent of the market stands on the grpunds adjacent to, shall be fixed by the City Council in each year, prior to the first day of May, or whenever such stands may become vacant. The choice of stands, at the rent fixed by the Council, shall be offered for sale on the premises, by the Market Master, on the first day of May in each year (or on the second day if the first day shall be Sun- day) at an hour between 9 o'clock a. m. and 4 o'clock p. m.; Provided, That the lessee of any stand 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, no¡' longer than one week. The highest bidder for any stand shall bc entitled to a lease of such stand for the term of one year, on payment to the Treasurer of the rent. Leases signed by the Mayor and Recorder shall be issued to persons entitled thereto. If any stand shall not be leased at the regular sale, Or shall at any time become vacant, the Council may appoint a day for leasing such stand in the manner herein provided. Sec. 4. The market 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 market except during market hours. Sec. S. No person not having lawful business in the mar- ket 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 ;my person bring or suffer to come into or upon the market place during market hours any unruly or dangerous animal of any kind. Sec. 6. No person shall sell, or offer or expose for sale, upon any -of the streets of the city not included in the market place, established by ordinance for the sale of such articles, any game, butter, eggs, fruit or ,vegetables of any kind, except as otherwise provided by ordinance. Sec. 7. Any persoh who shall use or occupy any stand or ground in either of the markets of the city, for the purpose of selling meat, poultry, fish, or any other article of provision, without a lease, as provided in Section 2 of this ordinance,shall be subject to a penalty of not less than five nor. more than twenty dollars. Sec. 8. Nothing herein contained shall be construed so as to prohibit merchants or commission merchants from buying and selling poultry and fish or other articles of provision in the usual way of or to their customers. 56 REVISED CITY OHDINANCES. Sec. 9. That lots numbered 187, 188, 189, '90, '9', 212, 213, 214, 215 and 216 in East Dubuqùe addition to the City of Du- buque, Iowa, and composing the block situated between Four- teenth and Fifteenth Streets and Pine and Elm Streets in said City are hereby set apart and established as a hay and woocl market for said City. Sec. IO. That no persons having charge of any hay team shall allow the same, while waiting to sell their loads, to stand upon or oCCt1Py any other grounds or streets, or any of the streets upon which said lots, hereby set apart ànd established 'as a hay n1arket, front. And it shall be the duty of such persons to place their teams on said lots so as not to obstruct the streets or sidewalks on which said lots abut. Sec. II. That any person selling, ör offering to sell, within the limits of the City, any hay to be consumed therein, shall cause the same to be weighed upon the public hay scales of the City, and obtain a certificate of the weight thereof f!'Om the weigher, and the said weigher shall, and it is hereby made his duty to write said certificate with ink. Sec. 12. That any person selling or offering to sell, within the limits of the city, any coal, to be consumed therein, in less than car load lots, shall cause the same to be weighed upon the publi~ scales of the city, and obtain certificates of the weight thereof f!'Om the weigher, and the said weigher shall write the certificate in ink, and shall receive therefor f!'Om the owners or person offering such' coal to be weighed the sum of five cents for each draught. Sec. '3. No person who shall have had any article 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. Sec. 14. That no persons having charge of any wood team shall allow the same to stand upon or occupy any other streets or grounds, while waiting to sell their loads, than the place hereby established as a Wood Market, and it shall be the duty of such persons to place their teams each side of said streets, so as to leave the c~nter of the same open for travel. Sec. 'S. That First Street, between Main and Locust Streets, and near the hay scales at West Dubuque, and Eigh- teenth Street between Couler Avenue and White Street, are herebv set apart alld established as grain arid pork markets, and that ,no person shall purchase for the purpose of selling again, any pork, or any grain of any description, brought into the city on any wagon or sled. in any part of the city other than at the markets hereby established.' REVISED CITY ORDINANCES. [ýq Sec. 16. That there shall be appointed by the City Council as soon as practicable, alter the first of April in each year, Weighers for said City, who shall have charge of the public scales in said City, and who shall be qualified according to law, and give bond, and who shall hold their office until their suc- cessors are appointed and qualified. ' . Sec. 17. That it shall be the duty of .each Weigher or sonle deputy, for whose acts he shall be responsible, to be in reacli- ness at all times at some convenient place to be"by him desig- nated, to attend to the business of weighing, and he shall keep the public scales in good order and repair, and shall cause th~ accuracy thcreof to be tested from time to time, whenever the City Council may require, or whenever the same may have be- come inaccurate from any cause. Sec. 18. That tbe said Weighers 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 procuring 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 an accurate accouut 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 Treasurer all mOlley received for weighing on said scales not previously ac- counted for. Sec. '9. That the' Market Master of the Central Market ...hall, at any time during mal-ket hours attend, if required, to' weighing upon the platform scale provided for use at said mar- ket, any article offered to be weighed. Sec. 20. All persons, except weighers, are hereby prohib- ited from charging or receiving any fee or rcward for weighing al1Y of the articles, the weighing of which is provided for, except that the Market Master shall be entitled to receive from the owner of the articles weighed the sum of ten cents for each draught. Sec. 21. The Market Master shall also at the close of each month report to the Council the amount of money received by him for weighing during the month precechng, and shall pay into the Treasury the amount so received. Sec. 22. The City Council may after the First day of April in each year appoint such number of special Weighers of hogs and grain as they may determine who may with ap- proval of the Council appoint deputies. Each of said Weighers shall furnish for his use necessary scales and apparatus for 58 REVISED ca'y ORDINANCES, weighing at such place as the Council may designate. SaId Weighers shall give such bond as the City C6uucil may deter- mine and approve, and shall perform their duties in such man- J;fer and issue certificates as is provided for Weighers on public city scales, and said Weighers shall receive as compensation therefor, for three hogs, or less thau three, ten cents each; for loads of. more than three, five cents each, and for each clraughtof grain, fifteen cents. On each hog so weighed said Weigher shall mark distinctly the weight, and shall furni'sh the seller with a certificate of all hogs and grains weighed, bn which each separate weight shall be marked, and in all cases the seller shall pay for weighing as above; Provide", That said Weigher shall report monthly in writing to the City Council the number of hogs and draughts weig'hed by him upon each scale, al1d shall pay into the City Treasury each month a sum equal to '5 per cent of gross receipts for weighing in the city. The Market Master and all Weighers shall turn over to the City Auditor the stubs of all certificates issued by them. Sec. 23. All persons selling dressed hogs in the City'of Dubuque, shall have them weighed, as above provided. Sec. 24. No person shall be eligible to the .office Pt Weigher, who shall be in any way, directly or indirectly, ii'.- \~rested in the purchase and sale of articles required to. b, weighed. " Sec. 25. Public Weig'hers, except the Market Master, shall receive such compensation as the City Council may determine by resolution. Sec. 26. Any person violating any of the provisions ,of this chapter, unless otherwise provided herein, shall upon con- viction be fined not less than five nor more than fifty dollars, and may be imprisoned until such fine and costs are paid, not ~xceeding thirty days. . CHAPTER XXIII. AN ORDINANCE fixing the Salaries and Compensation of Officers and Appointees. Section 1. 1;he following named officers and appointees shall, receive. as salaries: ,The Mayor, $1,400 per annum. Each Alderman, $300 per annum. City Recorder, $1,400 per annum. City Treasurer, including Clerk Hire, $2,500 per annum. City Attorney, $r,800 per annt\m. REVISED CITY ORDINANCES. 59 City Auditor, $1,200 per annum. Citý Engineer, $1,500 per annum. City Marshal, $1,200 per annum. street Commissioner, $1,200 per annum. Health Physician, $600 per annum. Harbor Master, $20 per month. Sanitary Policeman, $60 per month. Market Master, $50 per month. City Assessor, $1,500 per annum. Assistant City Assessor, $75 per mQnth. City Electrician, $1,000 per annum. Sewer Inspector, $600 per annum. Street Roller Engineer, $75 per month. Street Roller Assistant, $50 per month. Sec. 2. The emoluments of any officer shall not be in- creased or diminished during the term for which he shall have been elected or appointed, nor shall any change of compensation affect any officer during his existing term, unless the office be abolished, and no perSOl1 who ,;hall have resigned or vacated any office shall be eligible to the same during the time for which he was elected or appointed, when, during the same. time, the emoluments have been increased. CHAPTER XXIV. AN ORDINANCE prescribing the mode in which charges may be preferred against any officer under the city gov- ernment, and for hearing and determining the same by the City Council. Be it Ordained by the City Council of the City of Dubnqne: Section I. Any officer under the city government, elected by the people or appointed by the Council, who shall be guilty of gross negligence or carelessness in the performance of the duties of his office, or shall, in any manner violate his official duty, upon being found guilty thereof as hereinafter provided, may be expelled or removed from office as herein provided. Sec. 2. The City Council shall hear and finally determine all complaints made under the provisions ofthis ordinance. Sec. 3. All charges preferred against any officer of the city government under this ordinance, shall be by complaint made in writing, signed and sworn to by some resident of the City of Dubuque, and directed to the City Council of the City 60 REVISED CITY ORDINANCES. of Dubuque; such complaint shall briefly set forth the name of the person charged, the title of the office by him held, and the facts wl~ich constitute the grounds of the charge pteferred; and shall be presented to the City Council at any regular or special meeting thereof; and if in their opinion the matter set forth in such complaint warrants an investigation and trial of the party therein charged, the Council shall further appoint a time for the hearing, giving the defendant not less than thr.ee, nor more than ten days notice of the time and place of such trial; such 110tice shall be in writing, signed by the Mayor, and shall, together with a copy of the complaint, be served on the defendant by the City Marshal in like mal1ner as original notices are served under the!aws of Iowa. The City Recorder shall issue subpoenas for witnesses and the Council may require the produètion of books and papers. Scc. 4. At the time set for trial the Council will proceed to the hearing of the case, unless for good cause shown by either party the Council shall deem it just to continue the hearing to a future day. Upon the trial, the City Atto'rney, or such other person as may be designated by the City CoUl1- cil, shall conduct the, prosecution, and the defendant may be heard by himself or his attorney. If the defendant after being 110tified fails to appear and answer to the complaint, or if he admits the truth of the matter set forth in the complaint, the Council may, in their own option, hear evidence in the matter, or at once proceed to a final vote as hereinafter provided. All questions arising in the progress of the hearing shall be de- termined by a majc>rity vote upon the ayes and nays. As soon as the hearing of the case is closed, the presiding officer shall put the question: "Is the defendal1t guilty?"-the vote to be taken by the ayes and nays. If more than one charge is pr'e- ferred in the complaint, the question shall be put separately on each. If the defendant is an officer elected by the voters of the city, or any ward or district therein, it shall require an affirma- tive vote of two-thirds of all members elected to the Council to find him guilty. In the case of any other officer a majority shall be sufficient. If the defendant is found guilty as herein pro- vided for, the Mayor or presiding officer shall forthwith declare: "That by judgmènt of the City Council, the defendant is re- moved and expelled ftom the office heretofore held by him." Sec. S. It is hereby made the duty of the Recorder to enter upon his records a copy of all complaints filed under the ordinance, with a brief statement of the proceedings had in each case, and the final vote and decision with the ayes and nays thereon. ' Sec. 6. Should charges under this ordinance be preferred .. against the Mayor, or any member of the City Council, the REVISED CITY ORDINANCES. 61 person so charged shall not preside over the Council, nor vote upon any question during the trial of such case. In all cases in which it may become necessary, the Council may authorize any proper person to perform the duties hereiu required of the Mayc>r, Marshal, Recordcr or City Attorney. Sec. 7. Thc removal or expulsion of auy officer under thc provisions of this ordinance shall not exempt him nor his sureties from liability on his official bond. Sec. 8. This ordinance shall not be so construed as to prevel1t the, City Council from removing from office, without trial, any òfficer appointed to hold during the pleasure of the Council. CHAPTER XXV. AN ORDINANCE establishing a Board of Health and provid- ing for the manner of their appointment and of the exer- cise of the powers conferred upon said Board: Be it Ordained by the City Council of the City of Dubuque: Section I. That there is hereby established a Board of Health of said city as provided by Chapter 14, Title 5, of the Code of Iowa. Wherever the word Code is used in this chap- ter it shall mean the Code of 1897. Sec. 2. That said Board shall consist of five members, two of whom shall be members of the City Council, and two shall be citizens of the city. The Mayor shall be ex-officio a member also of said Board and chairman thereof. Sec. 3. The four members of said Board, aside from the Mayor, shall be appointed Ly the Mayor, with the approval of the Council, and all vacancies in the Board shall be filled by appointment by the mayor, subject to the approval of the coun- cil. Sec. 4. The term of office of the members of the Board shall be such time as may be fixed by the Council at the time of the appointment of the Board, but it shalll1ot be less than one or more than two years, and any member appointed to fill a va- cancy shall hold only for the unexpired term of the member he succeeds. Sec. S. The Board shall appoint a reputable physician of the city, a physician to the Board, who shall act as City Phy- sician, who shall meet with the Board at all regular meetings and whenever required by the Board. He shall attend all sick persons under arrest or imprisoned under any ordinance of the city,and attend and examine all persons and places whenever reql1ired by the Board of Health or the Mayor of the city, and 62 REVISED CITY ORDINANCES. perform such other duties as may be required of him by the orders, rules or regulations of the Board of Health, and shall be subject to removal at any time by the Board. Sec. 6. The Board of Health, with consent of the Council, shall appoint all officers, agents and employ all persons neces' sary to carry into effect the rules, regulations and orders of the Board, and shall recommend the salaries or compensation to be, paid them, which shall be determined by the Council. Sec. 7. The City Recorder shall be Clerk of the Board, un- less some other person be appointed therefor by the City CoUl1- cil. He shall be present at the meetings of the Board, and shall keep a record of the proceedings of the Board,. which Board shall meet at least once .each month. The Clerk shall report to the City Council from time to time the proceedings and orders of the Board as provided by the rules of the Board or resolution of the Council, and he shall make report also to the State Board of Health, annually, as provided by Section IO43 of the Code, All orders, rules and regulations of the Board shall be signed by the Chairman of the Board and attested by the Clerk of the Board. Sec. 8. The Board shall make rules, regulations and orders as provided by Section 1028 of the Code, and it shall have aJi the powers and be subject to the restrictions provided by Sec- tions IO25 to 1046, inclusive, of the Code, and acts of the Leg- islature amendatory thereto, Sec. 9. The four members of the Board shall be appointed at the time fixed by ordinance for the appointment of other city officers, and shall take oath of office required of other city of- ficers, except in case of al1Y failure to appoint at thè proper time, or irregularity in the appointm,ent, the appointment may be made thereafter, but the term slÙ:tl1 be construed to have commenced when the appointment shi>uld have been made, and the persons so appointed shall receiv4 compensation only from the time of their actual appointmepf and qualification. Sec.IO. The Board shall m\J"ke ànd publish twice, in the official paper, rules and regulation's for the preservation of pub. lic health and the manner of th~ir proceedin¡:s as provided in Sections 1028 and IO29 of the Code; and shall at least once in each month report, or cause to.'be reported, to the City Council its proceedings and expen$es and the City Council shall have supervision over the same, and may require any such report at any time by ordinance or resolution of the Council as provided in Section IO45 of the Code. The rules and regulations, to- gether with affidavit of the pnblication thereof attached there- to, shall be recorded in a book kept for that 'purpose by the Clerk, and the record shall be certified by the Mayor or presid- HEVlSED CITY ORDINANCES. 6W irig officer and attested bý the Clerk, and shall be in force from. and after the completion of such record as provided in S,ectiori IO35 of the Code. . Sec. I I. Whenever any order is made by said Board it shall be entered on the records of said Board.. WheneveT anv order is made affecting any person or property or for the re'- mova! or abating of any nuisance or thing or requiring any act to be refrained from or done as nrovicIecI in SectionIO32 of the Code, a notice, in writing, contaiiJing a copy of the order, speci- fying with reasonable certainty the premises and thing to be done, or refrained from, and the time of performance or com- pliance therewith, signed by the Mayor and attested by the Clerk, shall, if the owner or person having control of the prop- erty or thing affected thereby is found in the city, be served on such person by any officer of the city or other person c!esig- l1ated by the Board as provided in Sections 1035 and 1036 of the Code. Whcncver the owner or person having control of the property thercin referred to or thc person affected by such order cannot be found in the city, or if so found and served, he or they fail tò comply with such 'order, then the Board may pro- ceed to abate such nuisance, or to do the thing required by such order, and the expense thereof shall be reported by ",id Board to the City Council, and by them assessed against the proper person, place, property or building and collected as other special as$essmel1ts, and shall be a lien thereon as provided by Section 1033 of the Code, or the samc may be enforced by actiçm in any' court having jurisdiction as provided in said Section. Sec. 12. The Board whenever satisfied as provided by Sec- tiòn IO37 of the Code that any cellar, tenement or building occu- pied or used as a dwelling, or part of a building, is in such con- dition as to be unfit for use or occupation as a habitation for aný of the reaSOl1S and causes mentioned in said section, and is dan- gerous to public health or cause for sickncss, may make an order to that effect and reQuire the premises or nlace to be nut in proper condition, or rèquire the occupants tô remove from said premises or place, and shall cause notice as provided by Section t I hereof to be served on such occupant or occupants, and Up011 his or their failure to comply with the same the Board may cause said building, tenement or place to be renovated and. cIeal1sed at the expense of the owner or occupant, or may re- move the occupant or occupants from said premises as provided in said section. " Sec. 13. Whenever by reason of prevalence of small pox or any other contagious or infectious disease in the city the' Board may deem it dangerous to permit the congregatiol1 of people the Board may, with the consent of the Council, pro- hibit such assemblage, ¡and after making such order shall pub- I,ll II' !III !II 64 REVISED CITY ORDINANCES. lish the same in some newspaper published in said city. Saj'd Board may Iìkewise proceed in such case and shall have power and authority to proceed, and do and require to be done such things as are provided by Sectiou IO38 of the Code, as they may deem necessary to preserve and protect the health of the in- habitants of the èity. Whenever for the promotion or preser- vatiOll'of the lives or health of the inhabitants the Board of Health shall deem it necessary, as provided in Section IO39 of the Code, to enter or examine any place, building' or vessel therein mentioned, and they, or person thereto authorized by them, is refused or denied admission, any member of the Board may make complaint on oath before any Justice of the Peace of the city, who shall thereupon issne a warrant to any Sheriff, Marshal or poIìce officer, commanding him, as provided in said section, to proceed to the place and premises with two members of the Board and such other persons as he may require, between s.unrise and sunset, and to examine and remove under the direc- tions of such members all sources of filth or causes of disease there found. Sec. 14. Whenever any person is found in the city infect- ed wid, small pox or other contagious or infectious disease the Board shall make such provisIOns, and proceed as provided in Sectiolí IO40 of the Code, to remove such person to a place of safety to the inhabitants and provide for and restrict and con- trol hi'm as provided in Section 1040 of the Code, and the ex- pense thereof shall be paid by such persou, his parents or others liable for î'¡s support, if able, otherwise it shall be charged to and paid for by the county as provided in said section. Sec. "S. In case any afflicted person mentioned in the pre- ceding section cannot be removed without danger to him the Board may, as provided in Section IO41 of the Code. make pro- yisions for his care and support where he may be and may cause the persons in the neighborhood to be removed and take such other means as they deem necessary for the public safety. Sec. 16. Any Justice of the Peace of the city on applica- tion under oath, showing cause therefor by any member of the Board shall issue his wanant, as provided in Section IO42 of the Code, directed to a Constable or Sheriff of the county, or á' políce officer of the city, commanding him under the direc- tions of the Board to remove any person infected with a con- tagious disease or. to take possession of any house or lodging condemned or dangerous to the safety of the inhabitants, and to provide nurses, attendants, and other necessaries for the care a;nd safety of such diseased person or persons. Sec. 17. The foregoing provisions of this chapter inre- gard to Board of Health shall not limit the powers of the city REVISED C1'rY ORDINANCES. 65 in relation to matters affecting the public health of the city, but such city shall have all the powers conferred thcrcon by laws of the state or ordinances of the city. Sec. 18. The members of thcBoard of Health and phy- sician, except the Mayor, shall receive such salary or compensa- tion as fixed by the City Council, which shall not be increased or diminished durin¡( the term of office and subject also to all the restrictions and provisions in the ordinances of the city in regard to salaries of of!icers of the city. Sec. 19. Any person who shall knowingly violate, fail to comply with, to observe any rule, order or regulation of the Board of Health shall, upon conviction, be fil1ed not exceeding one hundred dollars and imprisoned until such fine and costs are paid not exceeding thirty days, as provided in Section IO29 of the Code. CHAPTER XXVI. AN ORDINANCE in relation to the Licensing and Regulations of various occnpations and business, persons, things, ex- hibitiol1s, games and amusements. Be it Ordained by the City Council of the City of Dubuque: Section 1. It shall be unlawful for any perSOl1 within the límits of the City of Dubuque to engage in any vocation, pnr" sue or transact any business, or do any act, hereinafter named or described, without having first obtained a license so to do, and paid therefor as is hereinafter required. Sec. 2. Any person desiring a license for any purpose from the City of Dubuque, shall pay the amount of such lícense charge to the City Treasurer, who shall issue a receipt therefor, which receipt shall be presented to the City Recorder, who shall there- upon issue the proper lícense as hereinafter provided. Sec. 3. No license hereinafter provided for shall be assign- able or transferable, except with the consent of the City Coun- cil; and the Mayor may at any time forbid the issuance of a lícense, or if one has been issued may revoke the same, where, in his judgment, any exhibition, entertainment, occupation, or show sought to be licensed will be detrimental to public morals or health, or liable to proyoke a breach of the peace. All lícenses shall be numbered, signed by the Mayor and attested by the recorder under the seal of the city. Each lícense shall state the date of its issue, and the person to whom and the purpose for which the same is issued, and place where business shall be conducted. All lícenses shall be for a period of one year unless herein otherwise provided. 66 REVISED CITY ORDINANCES. Sec. 4. All licenses granted shall be subject to all orcli- nances in relation to such licenses in force at the time of the issue of such license, or which may be subsequently passed by the City Council in relation thereto. And if any person licensed shaH violate any provision of any ordinance in relation to such license, he maybe pro'céédedagainst for any fine, or penalty, imposed thereby, and his license may be reyoked, at the discre- tion of the Mayor or Council. Sec. 5. The City Recorder shall keep a license register, in which he shall enter the name of each person licensed, for what purpose licensed, the amonnt paid, the date and number of the license, and the time of expiration of the same. Sec. 6. The Marshal or Chief of Police shaH enforce aH ordinances in relation to licenses, and shaH from time to time examine the license register, and prosecute all persons who may be acting without license, or in violation of the ordinances. AUCTIONEERS. Sec. 7. No person shaH sea at auction within the city any goods, chattels, wares, merchandise, or any real or personal property;'or-effects whatever, without. first obtaining a license therefor. Each person or finn obtaining such license shaH pay for the same the sum of fifty danaI's for one year, or fiye dollars per day; and shaH enter into a bond in the sum of one thousand doHars, payable to the City of Dubuque, for the benefit of any person aggrieved, with security to be approved by the Mayor, conditioned that he will honestly and faithfully perform his duties as auctioneer; that he will promptly pay over to the per- 60ns entitled thereto, aH money realized by him from property entrusted to him for sale; that he will in all his acts as auctioneer obey the ordinances of the City of Dubuque, and the laws of the State of Iowa; Provided, that any person taking out such license shall be exempt from filing bond if h~ produce satisfac- tory evidence to the Mayor that the Roods he proposes to sell are his own property, or that he is the dulv authorized aQ:ent of the owner thereof. Any hayinR an annl1al ,m license may condun his in any part oi the no license shall authorize any person to act under it lhan one place at llJe same time. tIll goods sold by au shall be sold at his regular place of business, as designated his license, and at no other place, except as herein otherwise provided. . Provided, that this ordinance shall not apply to sales made by any Sheriff, Constable, Marshal or other officer, by virtue of legal process. REVISED CITY ORDINANCES. 67 PAWN BROKERS AND JUNK DEALERS. Sec. 8. No person shaH carryon business within the limits of the City of Dubuque as a pawnbroker or junk dealer, who shall, not have first procured a license therefor and complied W'inFth~"ot!fer'Te<iujrel1Íents" of" this section. (a) The fee for a pawnbroker's license shaH be fifty dol- lars; the fee for a junk dealer's license shaH be five doHars. (b) Every person applying for such license shall, at the time of receiving the same, execute a bond with two sufficient sureties, to the City of Dubuque, with a penalty of two hundred dollars, conditioned jor the due observance of the ordinances of this city, now or hereafter enacted during the continuance of such license, and any person aggrieved by the acts of any pawn- broke, or junk dealer, may sue upon such bond and recover sueh damages as he shows himself entitled to. (c) Every pawnbroker or junk dealer shaH keep a book in which he shall keep an accurate account and description of the goods, article, or thing pawned or bought, the amount of money loaned thereol1, or pajdtherefor, .tIre,time of pledging or buying the same, the name of the person pawning or selling the same, and the time when the loan becomes payable; provided, that no pawnbroker or junk dealer shaH purchase or receive in pawn any article or property from a minor without the written con- sent of his parents or guardian. (d) Every pawnbroker or junk dealer shall, at the time of each loan or purchase, deliver to the person pawning any article of goods, a memoraudnm or note signed by him or her, containing the substance of the entry required to be made in his or her note book by the last preceding section; and no charge shaH be made for such entry, memorandum or note. (e) Said books of any pawnbroker or junk dealer shall, at all reasonable times, be open to the inspection of the ~fayor, ;l1arshal, or Chief of Police, or òetectiyc of this cit\', or am' or either of them. or 10 person who shall he duh' authorized in writing lor the purpose. . au\' or either oi thcm,' If I ';0 pawuhrukcr shall s('11 ur pledge Im!;l the "'me shall lla\'C rcma;U(dl\\,) his or h"r po"",;;uu after the payment oi lhe amOlllll l,-,aned becunws du(", rtl1d all such sales shall be at public auction, and not otherwisc unless by consent, in writing, of the party pawning the goods, and then not until six days' notice in writing has been given by posting up three wri~ten notices in three pnblic places in this city; and when any property is pledged exceeding the value of fifty dollars, such notice shall be by publication in some newspaper printed 66 REVISED CITY ORDINANCES. Sec. 4. All licenses granted shall be subject to all oreli- nances in relation to such licenses in force at the time of the issue of such license, or which 'may be subsequently passed by the City Council in relation thereto. And if any person licensed shall violate any provision of any ordinance in relation to such license, he may be procéêded against for any'fine, or penalty, imposed thereby, and his license may be revoked, at the discre- tion of the Mayor or Council. Sec. 5. The City Recorder shall keep a license register, in which he shall enter the name of each person licensed, for what purpose licensed, the amount paid, the date and number of the license, and the time of expiration of the same. Sec. 6. The Marshal or Chief of Police shall enforce all ordinances in relation to licenses, and shall from time to time examine the license register, and prosecute all persons who may be acting without license, or in violation of the ordinances. AUCTIONEERS. Sec. 7. No person shall sell at auction within the city any goods, chattels, wares, merchandise, or any real 01' personal . propertYi'or'effects whatever, without'first'obtaining a license therefor. Each perSOl1 or firm obtaining such license shall pay for the same the sum of fifty dollars for one year, or five dollars per day; and shall enter into a bond in the sum of one thousand dollars, payable to the City of Dubuque, for the benefit of any person aggrieved, with security tö be approved by the Mayor, conditioned that he will honestly and faithfully perform his duties as auctioneer; that he will promptly pay over to the per- sons entitled thereto, all money realized by him from property entrusted to him for sale; that he will in all his acts as auctioneer obey the ordinances of the City of Dubuque, and the laws of the State of Iowa; Provided, that any person taking out such license shall be exempt from filing bond if h~ produce satisfac- tory evidence to the Mayor that the Roods he proposes to sell are his own property, or that he is the duly authorized agent of the owne'r thereof.' Any person having an annual auctioneer's license may conduct his business in any part of the city. but no license shall authorize any person to act uUller it at more than one place at the same time. All goods sold by al1ctione shall be sold at his regular place of business, as designated his license, and at no other place, except as herein otherwise provided. Provided, that this ordinance shall not apply to sales made by any Sheriff, Constable, Marshal or other officer, by virtue of legal process. REVISED CITY ORDINANCES. 67 PAWN BROKERS AND JUNK DEALERS. Sec, 8. No person shall carryon business within the limits of the City of Dubuque as a pawnbroker or junk dealer, who shall, not have first procured a license therefor and complied ,vim "th'l'!"'öther"'requiremerüs" of this section. (a) The fee for a pawnbroker's license shall be fifty dol- lars; the fee for a junk dealer's license shall be five dollars. (b) Every person applying for such license shall, at the time of receiving the same, execnte a bond with two sufficient sureties, to the City of Dubuque, with a penalty of two hundred dollars, conditioned for the due observance of the ordinances of this city, now or hereafter enacted during the continuance of such license, and any person aggrieved by the acts of any pawn- broker or junk dealer, may sue upon such bond and recover su€h damages as he shows himseH entitled to. (c) Every pawnbroker or junk dealer shall keep a book in which he shall keep an accurate account and description of the goods, article, or thing pawned or bought, the amount of money loaned thereon, or paid therelor;the.time of pledging or bnying the same, the name of the person pawning or selling the same, and the time when the loan becomes payable; provided, that no pawnbroker or junk dealer shall purchase or receive in pawn any article or property from a minor without the written con- sent of his parents or guardian. (d) Every pawnbroker or junk dealer shall, at the time of each loan or purchase, deliver to the person pawning any article of goods, a memorandum or note signed by him or her, containing the substance of the entry required to be made in his or her note book by the last preceding section; and no charge shall be made for such éntry, memorandum or notc. (e) Said books of any pawnbroker or junk dealer shall, at all reasonable times, be open to the inspection of the Mayor, Marshal, or Chief of Police, or detective of this city, or any or either of them, or to any person who shall be duly authori,ed in writing for the purpose. by any or either of them. (!) :\0 pa\\'11broker shall sell or pierlge unlit the same shall han rcmaincd t\\O his or her after the pa\'1nent of the amount loaned becomes due. awl all such sales shall be at public auction, and not otherwise unless by consent, in writing, of the party pawning the goods, and then l1ot until six days' notice in writing has been given by posting up three wrhten notices in three public places in this city; an" when any property is pledged exceeding the value of fifty dollars, such notice shall be by publication in some l1ewspaper printed " ! I 68 REVIS'EJ;> CITY ORDINANCES. in said city, for the time above specified, and any junk dealer who receives any goods on any contingent sale, mortgage, or 'Part payment, or with right of redemption, shall be held to be a pawnbroker, within the purview of this section. (g) All surplus money, if any, arisil1g upon such sale, after deducting cost and expenses of sale, shall be paid over to the owner of the article or thing sold, or be paid into the city treas- ury for the nse of such persons. . HACKS, OMNIBUSES, CARRIAGES AND DRAYS. Sec. 9. No person, firm or corporation shall keep and use in the city any omnibus, hack, carriage, wagon, dray, moving van, or other vebicle, to carry for hire or compensation directly or indirectly, from one part of the city to another, passengers, baggage, goods or merchal1dise, without first obtaining a license therefor, for which shall be paid, for each omnibus ten dollars, and for each moving van ten dollars, and for each hack, carriage, dray or wagon, drawn by two horses or mules, five dollars, and for each carriage, dray or wagon, drawn by one horse or mule, two dollars and fifty cents; Provided, that this section shall not apply to teamsters, habitually hauling for, or working for, the same person, firm or corporation by the day, week or month, and not soliciting business at any public stand, nor to the own- ers of carriages, used and, charged for by the hour or day,. or for the value of the l1se of the same as ordinary livery hire. Sec. 10. No person licensed under Section 9 above shall collect, or receive, for carrying any passenger from any place in said city to anothcr therein, more than twenty-five cents, ex- cept when such passenger shall at his or her request, be qrried on, to or from any of tl¡e bluffs within the limits of the city, in which case a sum not exceeding fifty cents may be char¡;ed and received. Sec. II. The owner of every vehicle licensed as aforesaid, shall cause the number of his license to be plainly painted or posted on some conspicuous part of each side of his vehicle. BILLIARD AND POOL TABLES AND BOWLING ALLEYS, ETC. Sec. 12. No person shaIl keep any billiard'table, ten-pin, nine-pin, or, bowling alley, bagatelle table, Jenny Lind table, pool table, or any other table of like character for the purpose of permitting other persons to play thereon frr hire, or whereol1 others are permitted to play, and for the use of which, or privi- ledge of Playing thereon, or hire thereof, any charge is directly or indirectly made or any remuneratiol1 whatever.is taken, or establish or keep for hire or gain any shooting gallery without first havin¡; obtained a . license therefor. Onc road or track REVISED CITY ORDINANCEs,. 69 shall ,onstitute a ten-pin, nine-pin, or bowling alley within the meaning hereof, regardless of the number of pins used. ';' The charge for said licenses shall be as follows: For each billiard or bagatelle table the sum of five dollars. For each JeJ1ny Lind table, pocket pool table, or other table, nine-pin, ten- pin, or bowling alley, the sum of five dollars; and for each shoot- ing gallery, the sum of fifteen dollars. No person licensed under this section shall suffer or permit a\\~ riotous or disorderly conduct on the premises, nor shan he ke~p open nor permit it to be used for any of said purposes after 12 o'clock at night and before 7 o'clock a. m. TRAVELING PHYSICIANS AND DOCTORS. Sec. 13. No transient, traveling or itinerant doctor or physician shall ply his vocation in the City of Dubuque, whether in hotels, private houses or on the streets, whether advertising ör not, or usingmedicil1es prepared by themselves or others, or professing to éure disease by any application whatever with- oÙt first procuring liùense therefor. The fee for said license shall be the sum of five dollars per day, or twenty-five dollars /or each month. PÈDDLERS. i Sec. I4.-No person shall hawk or peddle within the limits of this city any goods, wares, merchal1dise, or other articles, save and except newspapers and farm and garden produce raised by the seller, without first having procured a license therefor. The charges for said license shall be as follows: For one .week, five dollars; for one month, ten dollars; for six months, twenty-five dollars; for One year, fifty dollars. CIRCUSES, nIEATRES, SHOWS. Sec. IS. No person shall conduct, carryon, exhibit, pro- duce or display any circus, menagerie, theatre, theatrical ex- hibition, show or other exhibition of any kind except lectures on scientific, historical 'and literary subjects, without first pay- ing the license fee and procuring a license therefor as follows: First-For each theatre, opera house or hall, used for public entertainments, exhibitions, shows or concerts, when the seating capacity is six hundred or less, the license fee sIrall be fifty dollars per year. When the seating capacity is more tha'n six hundred the license fee shall be one hundred dollars per year. No license fee shall be char¡;ed to any church, school house, Y. M. C. A. or Y. M. 1. building. Second-For each show or exhibition offering prizes of 70 REVISED CITY ORDINANCES. any kind, and for exhibitions, by ventriloquists, magicians, sleight-of-hand performets and the like, the license fee shall be ten dollars for the first performance or exhibition, and five dollars for each additional performance or exhibition ; s~id license fee shall not be exacted when the exhibition or perform' ance is in a licensed opera house, theatre or hall. Third-For theatrical e';hibitions, traveling concerts, or operas, traveling exhibitions of wax ,figures, statuary, or paintings, minstrel shows and performances, and all other pub- lic exhibitions, shows or performances not otherwise enumer- ated the license fee shall be for the first performance ten dol- lars, and for each additional performance at exhibition, five dollars. Said license fee shall not be exacted when the exhib- ition or performance is in a licensed open¡ house, theatre, or hall. Fourth~For each circus, or circus and menagerie, the li- cense fee shall be as follows: For the first day, where the admission fee does not exceed twenty-five cents, twenty-five dollars; fifty dollars where the admission fee exceeds twenty- five cents, and for each succeeding day, not less than one-half of said amounts. Fifth~For each menagerie (alone) the license fee shall be, for the first day ten dollars, and for each succeeding day one- half of said amount. Sixth-For each side show, or other small show exhibiting in a separate tent, if traveling alone, the license fee shall be ten dollars for each day, Seventh-For any exhibition, concert or other entertain- ment, conducted for charitable purposes, or for public benefit, no licèl1se fee shall be charged. SKATING AND ROLLER RINKS. Sec. 16. No person shall, within the limits of the City of Dubuque, keep, conduct, carryon, or operate any roller or skating rink, merry-go-round, striking machine, baby rack, cane rack, or any place, machine, or apparatus, for amusements, trial of skill, or strength, not otherwise provided for herein, for a fee, charge or profit, unless he shall first procure a license therefor. The fee for said license shall be, for qdl rink, mer\-y-go- round, machine, place or rack, two dollars for e¡tch day; or five dollars for each week, or fifty dollars per ydr.' ~ H01'ELS, RESTAURANTS AND EATING HOUSES, Sec. 17. No person shall keep within the limits of the city REVISED CITY ORDINANC,ES. 71 any hotel, eating house, restanrant or boarding house wilhout first having- obtained a license therefor. The amount to be paid for each license shall be as follows: For keeping eating hol1ses or boarding houscs, five dollars. For keeping restaùrants or lunch counters, ten dollars. For keeping- taverns.or hotelscharg-ing.$2.00 or morc, per'/' day for meals and average rooms, twenty dollars. For keeping taverns or hotels charg-ing- $1.25 and less than $2.00 per day for meals and average rooms and for those con- dncted on the European plan, not furnishing- meals or lunches, ten dollars. For keeping taverns or hotels charging less than $1.25 per day for meals and averag-e rooms, five dollars. HOTEL RUNNERS AND PORTERS. Sec. 18. No porter or runner for any hotel, boarding' house, railroad, steamboat, or stage line, or for any coach or carriage, shall solicit passengers at any railway depot or steam- boat landing within this city unless he shall first have procured a license therefor, and shall procure and wear conspicuously npon his hat, cap, or breast, a badge with the name of the hotel, boardin'g-house, railroad, '.steamboat, or stage line for which he is acting, engraved thereon, or if hc is running for a coach or. carriage, with the word "hack" and his license number engraved thereon. The fee for said license shall be ten dollars per annum. No porter or runner, while performing his duty, shall harass, push, pull, vex, or disturb any person, or use any in- decent or profane language, or make any kind of disturbance, or attempt to deceive any person in relation to the charges, fare, character, custom, or location of any public house, h;)lel, private house, street, or place of business in said city, or in relation to the time or place of the arrival or departure of any railroad train or other conveyance. The Marshal or Chief of Police, or any policeman 3lmll have power to arrest auy porter or runner found in commission of any act prohibited by'this ot'dinantè".' l'hey-sha!lalso have power to give any directions for the preservation of the pll!;:'¡C peace or for the convenience of the public, at any railroad de- pot, or station, steamboat or other public landing, and a failure by anv porter or runner to comply with such directions shall be a violation of this ordinance. Nothing herein shall be held to prevent the solicitation of 72 REVISED CITY ORDINANCES. passengers by a hackman who has paid a license, and who is engaged in running for his oWn hack. TRANSIENT MERCHANTS. Sec. I9. No traveling or transient merchant, or other temporary, dealer in goods, wares or merchandise, whether a resident of Dnbuque or not, shaH seH, or offer for sale any goods, wares or merchandise within the lin1its of the city with- out first procuring a license therefor, for which license such person shaH pay the sum of fifty doHars per month, or five dol. lars per day. Provided, However, that if any person who shaH have paid such license shaH thereafter be taxed by said city on acconnt of the goods, wares, or merchandise kept by him for sale under such license, he shaH be entitled to credit upon such city taxes for the amount of license tax so paid by him, and the balance, if any, shaH be refunded. Every persol1, whether owner, agent, or employee, who shaH temporarily place any goods, wares, or merchandise in any boat, .car, building, tent, or other erection in the said city for the pUrpose of sale thereof or therefrom, shaH be con- strued and considered a transient merchant within the mean- ing of this ordinance. STREET VENDE;RS. Sec. 20. No person shaH foHow, or pursue the business of selJing fruit, vegetables, nuts, lemonade, ice cream, confec- tionery, cakes, pop corn, or other goods or commodities, on the streets or sidewalks of the city, whether in booths, tents, or other temporary buildings or structures, or without cover, without obtaining a license therefor, for which he shaH pay one doHar per day, five doHars per month, or twenty dollars a year. VAULT CLEANERS AND SCAVENGERS. Sec. 21. No person shaH engage in the business 01 scavenger '01' cleaning privy vaults, cess pools or water closets, until hc shall pay into the City Treasury a licensc of twentv- five r1ollars pcr annum, but the City Council mav refuse to , a license to be to any scavenger or \'anlt cleaner ma\' he deemed. their discretion. an unot and improper person, and the said City Councilor lI'Iayor may revokc the license so granted to any person who shall fail to comply with all the requirements of this ordinance, Sec. 22. Any such scavenger or vault cleaner who shaH have complied with the provisions of this ordinance and shaH have paid the license provided herein, shaH be allowed to REVISED CITY ORDINANCES. 73 charge and collect for each cubic foot of contents removed by him from any privy vault, cess pool or water closet a sum not exceeding ten cents per cubic .foot, when the same shaH.be ,e- moved from any placc below the bluffs, and when the same is situated Upol1 the bluffs he shaH be entitled to charge and col- lect a snm not exceeding twelve and one-half cents per cubic foot for snch contents removed. Sec. 23. Any person who shaH engage in the business. of cleaning privy vaults, cess pools and water closets, and remov- ing the contents of the same, shaH provide himself with the necessary apparatus for removing the contents of thes~id privy vaults, cess pools and water closets, and such apparatus may include as a means of carrying away such contents either c~rts or wagons, provided with covered water-tight boxes .or barrels, the same to be kept clean, air tight, in good condition and properly disinfected; said boxes or barrels shaH be of st1Ch construction that their contents may be readily dischargéd. When il1 actual use a red or yellow light shaH be kept burnivg upon each cart or wagon. Sec. 24. No scavcnger, vault clcaner or any other person shall remove the contents of any privy vault, cess pool or water closet, except in such air-tight boxes or barrels, and, as pro- vided il1 this ordinance. During the months of November, December, January, February and March of each year, such COl1tents may be removed in such air-tight boxes or barrels during any hour of the day or night, but during thc months of April, May, June, July, August, September and October of each year, such removål shaH only be made in the night timc between the houroS of 9 p' m. and 4 a. m.; Provided" However, that the Health Officer of the City of Dubuque may in his discretion grant a permit in writing, allowing such contents to be remoyed during the day time at any time during the months of April, May, June, Jtily, August, September and October. Sec. 25. It shall be the duty of such scavcnger or vault cleaner, at the request of the owner or occupant of any premises within the citv. on which is situated pri\\' vault. CO" or water closet. to remove' the of such pri,,' cess pool or \\'oter closet. and ,lep".it the 'a11le in such I", ])\ ¡he Conn"il: I \\'hen i, 5\1,'h "1' vault cleaner shall nut be to j)crÌorln the; òer\'icc:ò re- quired until paid therefor at rates -hereinbefore specified. . See. 26. It shall be the duty of the Health Officer of the City of Dubuque, the Marshal or Chief of Police or any mem- ber .of the Board of Health of said city, whenever tbey or any of them shall deem it expedient, or whenever any privy vau,lt, í or 72 :REVI8ED CITY ORDINANCES. p""engers by " hackman who has paid a license, and who is engaged in running for his o~n hack. TRANSIENT MERCHANTS. Sec. 19. No traveling or transient merchant, or other temporary, dealer in goods, wares or merchandise, whether a resident of Dubuque or 110t, shall sen, or offer for sale any goods, wares or merchandise within the limits of the city with- out first procuring a license therefor, for which liceuse such person shan pay the sum of fifty dollars per month, or five dol- lars per day. Provided, However, that if any person who shan have paid such license shall thereafter be taxed by said city on account of the goods, wares, or merchandise kept by him for sale under such license, he shan be entitled to credit upon such city taxes for the amount of license tax so paid by him, and the balance, if any, shall be refunded. Every person, whether owner, agent, or employee, who shall temporarily place any goods, wares, or merchandise in any boat, .car, building, tent, or other erection in the said city for the pUrpose of sale thereof or therefrom, shall be con- strued and considered a transient merchant within the mean- ing of this ordinance. STREET VENDE;R8. Sec. 20. No person shan fonow, or pursue the business of selling fruit, vegetables, nuts, lemonade, ice cream, confec- tionery, cakes, pop corn, or other goods or commodities, on the streets or sidewalks of the city, whether in booths, tents, or other temporary buildings or structures, or without cover, without obtaining a license therefor, for which he shall pay one dollar per day, five dollars per month, or twenty dollars a year. VAULT CLEANERS AND SCAVENGERS. Sec. 21. No person shan engage in the business at scavenger at cleaning privy vaults, cess pools or water closets, until he shall pay into the City Treasury a license of twenty- five dollars per annum, but the City Council may refuse to allow a license to be granted to any scavenger or vault cleaner who mav be dccmcd. in their discretion. an unfit and per,<m, 'and the saiel City Councilor ,\1a\'Or may r Ecense so granted to any person who shall fail to comply with all the requirements of this ordinance. Sec. 22. Any such scavenger or vault cleaner who shall have complied with the provisiol1s of this ordinance and shall have paid the. license provided herein, shan be allowed to REVISED CITY ORDINANCES. 73 charge and collect for each cubic foot of contents removed by him from any privy vault, cess pool or water closet a sum not exceeding ten cents per cubic foot, when the same shall.be ,e- moved from any place below the bluffs, and when the same is situated Upol1 the bluffs he shan be entitled to charge and col- lect a sum not exceeding twelve and one-half cents per cubic foot for such contents removed. Sec. 23. Any person who shan engage in the business. of cleaning privy vaults, cess pools and water closets, and remov- ing the contents of the same, shan provide himself with the necessary apparat\IS for removing the contents of the s,!id privy vaults, cess pools al1d water closets, and such apparatus may include as a means of carryil1g away such contents eithcr carts or wagons, provided with covered water-tight boxes .or barrels, the same to be kept clean, air tight, in good condition and properly disinfected; said boxes or barrels shan be of such construction that their contents may be readily discharged. When il1 actual use a red or yellow light shan be kept burnit.lg upon each cart or wagol1. Sec. 24. No scavengcr, vault cleaner or any other person shall remove the contents of any privy vault, cesspool or water closet, except in such air-tight boxes or barrels, and, as pro- vided in this ordinance. During the months of November, December, January, February and March of each year, such contents may be removed in such air-tight boxes or barrels during any hour of the day or night, but during the months of April, May, June, July, August, September and October of each year, such removál shan only be made in the night tin']e between the hotŒS of 9 p' m. and 4 a. m.; Provided" However, that the Health Officer of the City of Dubuque may in his discretion grant a permit in writing, allowing such contents to be removed during the day time at any time during the months of April, May, June, Jtì!y, August, September and October. Sec. 25. It shan be the duty of such scavenger or vault cleaner, at the request of the owner or occupant of any premis.cs within the city, on which is situated any privy vault, cess 1'0.01 or water closet, to remove the contents of such privv vault. cess pool or water c!oset, and depoiit the same in such he b\' lhc Council: ] when . is s\1ch "'awng,,r or \'a\1lIclean('rshall he the fc- quired until paid therefor a\ specitied. , Sec. 26. It shan be the dutv of the Health Officer of tlle City of Dubuque, the Marshal or Chief of Police or any mem- ber of the Board of Health of said city, whenever they or any of them shan deem it expedient, or whenever any privy vau,lt, '14 REVISED CITY ORDINANCES. cess pool or water closet shall be filled within two feet of the surface of the grouud, to order the owner, lessee or occupant of the premises to remove the contents of the same. . Sec. 27. Whenever any person owl1ing, leasing or occupy_. ing any premises within the city on which is situated any priVY vault, cess pool or water' closet, or whenever the agent of any such ownar" less"e or occ\lpa.nLshall be,notifiedhythe Health Officer of the city, the Marshal or Chief of Police or by any member of the Board of Health of said city, to remove the contents of any such privy yault, cess pool or water closet it shall be the duty of the person so 110tified to forthwith request some reg-ulady licensed scavenger or vault cleaner to remove such contents, and, if demanded by such scavenger or vault cleaner, to pay in advance the expense' of such removal com- puted at the rate herein provided. Upon the failure or refusal of any person notified by the Health Officer of the City of Dubuque, the Marshal or. Chief of Police, or any member .of the Board of Hèalth of this city, to remove the contentsöf any privy vault, cess pool or water closet, to comply with such request in the manner hereinbefore provided, the Marshal or Chief of Police shall cause the same to be removed by SOtn~ licensed scavenger or vault cleaner, and the expense for such removal shall be collected by the city by special assessment aga.inst,the property or by. civil action against. the. persall<. so refusing or failing to comply with such request. See, 28. No person shall cover with earth or other material any privy vault, cess pool or water closet without first i'èmoving the contents thereof, or tap or drain any privy vault, cess pool or watcr closet into any other excavation or into any opening except a common sewer; or to allow any privy vault, cess pool or water closet to become filled within three Ieet of the surface of the ground; and it shall be the duty ,of every owner, lèssee or occupant of any premises on which such vault,pool or closet may be situated after being notified by the Health Officer of the city, the Marshal or Chief of POliCè or any member of the Board of Health of the city, to abate the same, as provided in the foregoing section. Seç. 29. Every such scavenger or vault cleaner shall in all cases use. diligence in the ,removal of the ,contents of privy vaults, cess pools and wafer closets, ancl is soon as possible after the commencement of such removal, and in every case he shall leave such vaults, privies or cess pools in the best possible condition, and the premises about them clean and thoroughly disil1fected, and the failure to comply with the requirements of this section shall be deemed a sufficient cause for the reyoca- tion of his license. REVISED CITY ORDINANCES. 75 DOGS. Sec. 30. "No person owning or harboring any dog or bitch shall allow the same to run at large without procuring a license thcrefor, which shall be issued for the term of one year, on pay- ment of the sum of one dollar for each clog and three dollars for each bitch. Auy 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, shalt be considered as harbor- ing the same within the meaning of this ordinance. Sec. 3I. 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 considcred a public nuisance, and it shall be lawful for any person to kiU the same while running at large. And it shall be the duty of the Mar- shal or Chief of Poli.ce forthwith to cause such dog ,or bitch to be kiUed, and no person shall hil1der or resist the Marshal or Chief of Police in the duties hereby imposed upon him. Sec. 32. Any dog or bitch running at large, without a collar or other distinguishing mark by which the owner may be knowl1, shaH be deemed a nuisance and subject to the pro- visions of section 31 of this ordinance for unlicensed dogs. Sec. 33. Any person engaging in any business or occupa- tiol1 or doing any act for which a license is required by this ordinance without a license, or any person who shaH yiolate any of the provisions of this ordinance, or who shaH fail to comply with any of its requirements, shaH, upon conviction, be punished by fine of not less than five doHars, nor more that) one hundred doHars, and shaH be imprisoned at hard labor until such fine and costs are paid, not exceeding thirty days. Sec. 34. Wherever used in this ordinance, the word "per- son" shall il1clude and be held to apply to corporations and firms. Sec. 35. A license issued under section 14 of this chapter shaH authorize only one individual, who shall be named in said license, to hawk or peddle thereunder. Sec. 36. AH anl1ual licenses provided for herein, shaH ex- pire on the 31st day of March in each year, and every person requiring such license shaH pay for the same on or beforc April 10th foHowing. Provided, That any person upon com- mencing any business requiring such license at any time during the year shaH be entitled to a license from the time of com- mel1cing business, and such license shaH COmmence at such time and end on March 31st following, and the amount paid for such license shaH be the proportionate amount for one year, commencing on the first day of the month in which such 76 REVISED CITY ORDINANCES. license is issued; but in no case shall the amount for such license be for less than a quarter of a year. CHAPTER XXVII. "1;1 ORDINANCE relating to the Fire Department 'and de- fining the limits of the Fire Districts and the Prevention of and Protection from Fires. Be it Enacted by the City Council of the City Dubuque: Section L The Fire Department of said city shall consist )f one Chief of the Fire Department, and one Assistant Chief llld such number of Captains, Drivers, and Privates, as the =ity Council may from time to time authorize. Sec. 2. The Chief of the Fire Department shall have com- nand and entire control and direction of all members of the ;'ire Department, and all other persons who may be present at ires, and shall devote his entire time and attention to the duties )f his office and the making of the Fire Department efficient; .nd at fires shall haye full power of a policeman, and in the .bsence of the Chief of Police, Marshal or Captain, shall have ,uthority to control and direct thc other officers of the police )rce present. Sec, 3. The Chief of the Fire Department and Committee n Fire' and Wat6r of the City Council shall have supervision nd control of all buildings, engines; machinery, animals 'and pparatus used by the Fire Department and it shall be .the uty of the Chief of the Fire Department at least once each 'eek, or oftener, if required by said committee, or the Mayor, r Council, to carefully examil1e into the condition of all of "ch property, and see that the same is at all times in good 'pair and condition, and report to said committee any defect t injury in same, or any repairs, attention, alteration, or ad- ition required, and shall, with the consent of said committee, luse all necessary repairs to be made without delay. He shall eep correct rolls of all members of the department, the date of :Imission and discharge, with the rate of pay, amount due "pectively, and make report thereof to the Council once a lonth, ,in writing, together with an accurate list of all fires rat may take place within the city, with the causes thereof. !e shall certify all pay rolls and all bills against the city in- lrred for the fire department, and annually before the first 'y of :\farch, or when required by the Council, report the 1mber of men. employed, the fire alarms given, the number ld quality of all hose carriages, engines, hose, teams,harness, ld all other property of every kil1d and description connected ith or for use in the fire department,inc1uding the fire alarm l1EVISED CITY ORDINANCES. 77 telegraph, and any other facts and circumstances showing the workings of the same, with suggestions or recommendations as to the improvement of same. Sec. 4. The Chief of the Fire Department shall have super- vision of the fire alarm telegraph and all wires, apparatus, sigual stations and keys thereto, and shall see that the same are kept in repair. As far as practicable the work iu repairing same shall be done by members of the fire department. He shall distribute the keys to signal statiol1s, keep a record of such distribution and take receipts for keys when given out. Sec. 5. The Chief of the Fire Departmeut may prescribe limits in the vicinity of a fire within which 110 person, except those residing therein, members of the fire department, police force, and those admitted by said Chief or his subordinates, shall be permitted to come, and such Chief or the officer having charge in his place at any fire, when in his judgment it is necessary, may call upon any person or persons to assist, and any person or persons, neglecting or refusing to obey such call, shall upon conviction be fined any smil not less than five nor more than twenty-five dollars. Sec, 6. The Chief, during the progress of any fire, when- ever in his judgment it becomes necessary to check or control the same, shall have power to order any fence, building, or erec- tion of any kind to be cut down and removed, he shall with the consent of the Mayor and Marshal or Chief of Police and Captain of Police and one member of the Committee on Fire and Water, have power to cause any building or erection to be blown up for the purpose of checking or extinguishing a fire. I-Ie shall also have power, with the consent of the Com- mittee 011 Fire and Water, to tear down any portion of any building that may be stauding after a fire or has become de- cayed or dilapidated and in their judgment is dangerous to persol1s or property. Sec. 7. The Chief of the Fire Department and the Com- mittee on Fire and Water shall appoint all officers and mem- bers of the fire department except the Chief, subject to the approval of the City Council. Such members shall consist of Assistant Chief, Engineers, Captains, Stokers, Drivers, and Pipe and Truckmen. Sec. 8. The comDensation of the members shall be as follows: Chief, $100; - Assistant Chief, $70; Engineers, $75; Captains, $65; Stokers and Drivers, $60; and Pipemen and Truckmen, $50 per month. And provided that the compensation herein fixed fof 76 REVISED CITY ORDINANCES. license is issued; but in no case shan the amount for such license be for less than a quarter of a year. CHAPTER XXVII. A~ ORDINANCE relating to the Fire Department 'and de- fining the limits of the Fire Districts and the Prevention of and Protection from Fires. Be it Enacted by the City Council of the City Dubuque: Section 1. The Fire Department of said city shaUconsist of one Chief of the Fire Department, and one Assistant Chief and such number of Captains, Drivers, and Privates, as the City Couucil may from time to time authorize. Sec. '2. The Chief of the Fire Department shan have com- mand and entire control and direction of aU members of the Fire Department, and aU other persons who may be present at fires, and shan devote his entire time and attention to the duties of his office and the making of the Fire Department efficient; and at fires shan have fun power of a policeman, and in the absence of the Chief of Police, Marshal or Captain, shan have authority to control and direct the other officers of the police force present. Sec. 3. The Chief of the Fire Department and Committee on Fire'and Water of the City CouncilshaU have supervision and control of aU buildings, engines, machinery, animals and apparatus used by the Fire Department and it shan be ,the duty of the Chief of the Fire Department at least once each week, or oftener, if required by said committee, or the Mayor, or Council, to carefuUy examine into the condition of aU of such property, and see that the same is at aU times in good repair and condition, and report to said committee any defect at injul'y in same, or 'any repairs, attention, alteration, or ad- dition required, and shan, with the consent of said committee, cause aU necessary repairs to be made without delay. He shan keepcO1'rect roBs of aU members of the department, the date of admission and discharge, with the rate of pay, amount due respectively, and make report thereof to the Council once a month, ,in writing, together with an accurate list of all fires that may take place within the city, with the causes thereof. He shall certify all pay rolls and all bills against the city in- curred for the fire department, and annually before the first day of March, or when required by the Council, report the number of men employed, the fire alarms given, the nl1mber and quality of aU hose carriag-es, eng-ines, hose, teams,harness, and all other property of every kind and description connected with or for use in the fire department,inc1uding the fire alarm REVISED CITY ORDINANCES. 77 telegraph, and any other facts and circumstances showing the workings of the same, with suggestions qr recommendations as to the improvement of same. Sec. 4. The Chief of the Fire Department shall have super- vision of the fire alarm telegraph and all wires, apparatus, signal stations and keys thereto, and shall see that the same are kept in repair. As far as practicable the work iu repairing same shan be done by members of the fire department. He shall distribute the keys to signal stations, keep a record of such distribution and take receipts for keys when given out. Sec. 5. 1,'he Chief of the Fire Department may prescribe limits !¡l the vicinity of a fire within which no person, e"cept. those residing therein, members of the fire department, police force, and those admitted by said Chief or his subordinates, shall be permitted to come, and such Chief or the officer having charge in his place at any fire, when in his judgment it is necessary, may call upon any person or persons to assist, and any person or persons, neglecting or refusing to obey such call, shall upon conviction be fined any sum not less than five nor more than twenty-five dollars. Sec. 6. The Chief, during- the progress of any fire, when- ever in his judgment it becomes necessary to check or control the same, shall have power to order any fence, building, or erec- tion of any kind to be cut clown and removed, he shall with, the consent of the Mayor and Marshal or Chief of Police and Captail1 of Police and one member of the Committee on Fire and Water, have power to cause any building or erection to be blown up for the purpose of checking or extinguishing a fire. He shan also have power, with the consent of the Com- mittee on Fire and Water, to tear down any portion of any building that may be stal1ding after a fire or has become de- cayed or dilapidated and in their judgment is dangerous to persol1s or property. Sec. 7. The Chief of the Fire Department and the Com- mittee on Fire and Water shan appoint aU officers and mem- bers of the fire department except the Chief, subject to the approval of the City Council. Such members shan consist of Assistant Chief, Engineers, Captains, Stokers, Drivers, and Pipe and Truckmen. Sec. 8. The compensation of the members shall be as follows: Chief, $100; Assistant Chief, $70; Engineers, $75; Captains, $65; Stokers and Drivers, $60; and Pipemen and Truckmen, $50 per month. And provided that the compensation herein fixed for ,78 REVISED CITY ORDINANCES. officers and members of the department shall be in full for any and all services by them in any manner performed. Sec. 9. It shall be sufficient gronnd for the discharge of any member of the Fire Department or any employe therèÎn, that such member or employe shall wilfully refnse or neglect to perform the duties of his, station, or shall be guilty of diso- bedience to any lawful and proper order of his superior officer. or wilfully violates any ordinance of said city, or the rules or regulations of.the Fire Department, or for any other cause his usefulness as a member of the Fire Department has ceased. Sec. .10. It shall be the duty of the Chief to discharge any mel)Iber or employe of the Fire Department on any of the grounds mentioned in preceding section, subject to the ap- proval of the Committee on Fire and Water. Sec. II. The Assistant Chief shall have all the powers of the Chief in the absence or inability of the Chief, and shall be respected and obeyed accordingly. Sec. 12. It shall be the duty of the Chief to examine and inspect buildings and improvements in course of erection, aud cause all ordinauces and regulations in relation to fires to be strictly enforced. Sec. 13. No person shall wilfully hinder or interfere with any city officer or fireman in the performance of his duty at, going to, or returning from any fire, or while attending- to his duties as member of the Fire Department, or wilfully or l1egli- gently drive any dray, wagon, street car, locomotive, train of cars, or other vehicle across, along-, or npon any hose, or ghall wilfully cut, deface, destroy or injure any telegraph wire, or pole, or signal boxes, or any of the property or fixtures belong- iug to or connected with the Fire Department or the fire alarm telegraph. Sec. 14. It shall be the duty of the Chief of Police or Marshal or Captain, or other officer iu charge of the police, with such forces as he may deem necessary to repair immedi- ately at the alarm of fire to the place where the fire may he, and there remain for the preservation of the peace and the removal of idle and suspected persons, and the preservation and protection of property at and in the vicinity of the fire. Sec. 15. The Chief of the Fire Department and the City Council .shallmake such rules and regulations for the govern- ment of the Fire Department and its employes as they may deem proper and necessary to promote the g-reatest efficiency of the service, which rules shall be in force for the control and government of said Fire Department; and said Chief aí1d Councilshall prescribe a uniform for the members of'the paid REVISED CITY ORDINANCEs. 711 Fire Department, and such members shall provide themselves with'such uniforms at thèÎr pwn expense. Sec. 16. The City Council by a majority vote shall fill the office of Chief of the Fire Department with a competent person. Sec. 17. That all appointments to the office of Chief of the Fire Department shall be made from active members of the said Fire Department. Provided, further, that no mem- ber shall be eligible to said office who shall not have been an active member of the said department for the two years pre- ceding his .election. Sec. 18.' That if the City Council have good cause to ,be- lieye the occupant of the office of Chief of the Fire Department is not paying strict attel1tion to his official duties, or is not conducting himself in a manner becoming an official of the city, they may, by a majority vote of the entire Council, remove said occupant of the office of Chief of the Fire Department from said office. Sec. 19. That when a vacancy in said office occurs from any cause whatsoever, it shall be the duty of the City Council to fill the same immediately. Sec. 20. That all that part of the city lying within the following limits is hereby denominated the fire disttict, viz: The north tier of lots fronting on the south side of Jones Street from the Illinois Central railroad tracks west to Bluff Street, all lots fronting from the west on Bluff and Locust Streets north to Seventeenth Street, all lots fronting on the north side of Seventeenth Street east to Clay Street, all lots fronting on tbe west side of Clay Street and CollIer Avenue, north to Sanford Avenue, all lots fronting on the east side of Couleravenue south from Sanford Avenue to Eighteenth Street, all lots fronting on the north side of Eighteenth Street, east to the west side of Washingtol1 Street, all lots fronting on thc west side of Washington Street souh to Fifth Street and thence along- the Illinois Central railroad track to Jones Street. Also both sides of Eagle Point Avenue from CollIer Avenue to Elm Street, also both sides of Rhomberg Avenue from Coule'r Avenue to Johnson Avel1ue, and both sides of Julien Avenuc from Bluff Street to its intersection with Tulien Avenue and West Eighth Street. . Sec. 21. No person, either for himself or for ,another, shtIí erect, or place any building or part of a building within the" aforesaid limits, unless the entire outside walls thereof shall be of stone, brick or other fire-proof material, the whole chick, ness of said walls. 78 REVISED CI'I'Y ORDINANCES. officers and members of the department shall be in full for any and all services by them in any manner performed. Sec. 9. It shall be sufficient ground for the discharge of any member of the Fire Department or any employe therein, that such member or employe shall wilfully refuse or neglect to perform the duties of his, station, or shall be guilty of diso- bedience to any lawful and proper order of his superior officer, or wilfully violates any ordinance of said city, or the rules or regulations of.the Fire Department, or for any other cause his usefulness as a member of the Fire Department has ceased, Sec. ,10. It shall be the duty of the Chief to discharge any member or employe of the Fire Department on any of the grounds mentioned in preceding section, subject to the ap- proval of the Committee on Fire and Water. Sec. II. The Assistant Chief shall have all the powers of the Chief in the absence or inability of the Chief, and shan be respected and obeyed accordingly. See. 12. It shall be the duty of the Chief to examine and inspect buildings and improvements in course of erection, and cause an. ordinances and regulations in relation to fires to be strictly enforced. Sec. 13. No person shall wilfully hinder or interfere with any city officer or fireman in the performance of his duty at, going to, or returning from any fire, or while attending- to his duties as member of the Fire Department, or wilfully or negli- ge¡¡tly drive any dray, wagon, street car, locomotive, train of cars, or other vehicle across, along:, or upon any hose, or shan wilfully cut, deface, destroy or injure any telegraph wire, or pole, or signal boxes, or any of the property or fixtures belong- ing to or connected with the Fire Department or the fire alarm telegraph. Sec. 14. It shall be the duty of the Chief of Police or Marshal or Captain, or other officer in charge of the police, with such forces as he may deem necessary to repairimmedi- ltely at the alarm of fire to the place where the fire may b'e, lnd there remain for the preservation of the peace and the removal of idle and suspected persons, and the preservation and protection of property at and in the vicinity of the fire. Sec. 'S. The Chief of the Fire Department and the City Council ,shall make such rules and regulations for the govern- ment of the Fire Department and its employes as they may :leem proper and necessary to promote the greatest efficiency of the service, which rules shall be in force for the control and government of said Fire Department; and said Chief and Councilshall prescribe a uniform for the members of'the paid REVISED CITY ORDINANCES. 7~. Fire Department, and such members shan provide themselves with such uniforms at their pwn expense. Sec. 16. The City Council by a majority vote shall fin the office of Chief of the Fire Department with a competent person. Sec. 17. That all appointments to the office of Chief of the Fire Department shan be made from actiye members of the said Fire Department. Provided, further, that no mem- ber shall be eligible to said office who shan not have been an active member of the said department for the two years pre- ceding his .election. Sec. 18: That if the City Council have good cause to ,be- lieve the occupant of the office of Chief of the Fire Department is not paying strict attention to his official duties, or is l1ot conducting himself in a manuer becoming an official of the city, they may, by a majority vote of the eutire Council, remove said occupant of the office of Chief of tbe Fire Department from said office. Sec. '9. That when a vacancy iu said office occurs from any cause whatsoever, it shall be the duty of the City Council to fin the same immediately. Sec. :20. That all that part of the city lying within the following limits is herehy denominated the fire district, viz: The north tier of lots fronting on the south side of Jones Street from the Illinois Central railroad tracks west to Bluff Street, all lots fronting from the west on Bluff and Locust Streets north to Seventeenth Street, all lots fronting on the north side of Seventeenth Street east to Clay Street, all lots fronting 011 the west side of Clay Street and Couler Avenue, north to Sal1ford Avenue, an lots fronting on the east side of Couler avenue south from Sanford Avenue to Eighteenth Street, all lots fronting on the north side of Eighteenth Street, east to the west side of Washington Street, all lots fronting on the west side of Washington Street souh to Fifth Street and thence along the Illinois Central railroad track to Jones Street. Also both sides of Eagle Point Avenue from Couler Avenue to Elm Street, also both sides of Rhomberg Avenue from Couleì- Avenue to Johnson Avenue, and both sides of Julien Avenue from Bluff Street to its intersection with Tulien Avenue and West Eighth Street. . . Sec.:2I. No person, either for himself or for another, sh;ll erect, or place any building or part of a building: within the aforesaid limits, unless the entire outside wans thereof shall be of stone, brick or other fire-proof material, the whole :hick- ness of said walls. I II 8d' REVISED CITY ORDINANCE8. Sec. 22. That nothing contained in the preceding section shaH prohibit the erection within the aforesaid prescribðd limits of any building of wood, which shaH not be more than eight feet square, nor of any wood honse for keeping and storing fire-wood, which shaH not exceed twenty feet in length, twelve in width and twelve in height; nor of any barn which shaH not exceed twenty-four feet in length, sixteen in width, and not more than twelve feet in height from the sur- face of the earth to the roof: Provided, Such smaH buildings, or woodhouse or barn, shaH not be made to front upon any street; and the City Council may, by special permit, authorize the erection of any frame buildings within the limits aforesaid, on application in writing being made and signed by.the owners of not less than two-thirds of the block upon which such build- ing or addition is to be erected or placed. Sec. 23. No wooden building or part of any wooden building, within the fire lirnits, shaH be raised or enlarged; nor shaH any such wooden building or part of any wooden building, within the fire limits, be removed to any other place withil1 the same; nor shaH any such building, or part of build- ing, be removed into the fire limits from without the same; nor shaH any wooden building within the fire limits, which may become damaged to the extent of fifty per cent of the value thereof, by fire or other casualty, be repaired or rebuilt, unless such buildings are made to comply with the provisions of sec- tion 21 ; nor shall any such building, when the damage thereto is less than fifty per cent of its value, be so repaired as to be raised higher than the highest point left standing after such damage shaH have occurred, or so as to occupy a greater space than before the injury thereto. Sec. 24. The amount of, or extent of, damage that any be done to any building, may be determined by th~ee disin' terested persons, residents of the city, one of whom shaH be chosen by the owner of the building, the second by the Mayor, and the two so chosen shaH select the third, and if the owner re'fuse to make a selection, the Mavor mav select for him, and the decision of the person so ch~'sen shàu be final and con- ,lusive. - Sec. 25. That no owner or builder, Dr other person shaH )\"n, bnild, or aid in the erection, raising, enlarging, or repair- ng, or removing of any building within the fire limits, con- rary to the provisions hereof, and every such building so ,iected, raised, enlarged, repaired or removed, shan be deemed l nuisance, and the Marshal may, when directed by the City :ouncil, abate the same. Sec. 26. That no person shaH keep or establish a lumber REVISED CITY ORDINANCES. 81: yard, for the deposit of lutnber, within the fire limits of this. City, except by special permit of tbe City Council, on appli. cation in writing, signed by the owners of' two-thirds of the property in the block in which such lumber yard is situated, and any lumber yard so established in yiolation of this ordi-' nance may be abated as provided in the preceding section. Sec. 27. That no person shall pass any stove pipe, or flue, through any roof, partition or side of any house in the' City of Dubuque; unless it is sufficiently surrounded by brick, stone, or other incombustible substal1ce, so as to be at least three inches removed from any wood or combustible, and aH chimneys and stove pipes shall in all cases extend at least tw.o and a half feet beyond the roof or side of the house through which it passes, but no pipe shall project into any street or alley. Sec. 28. That no person shall set fire tOOl' buì'nany shavings, straw, or other combustible materials, in any street or lot in said city, within twenty feet ,of any building. Sec. 29. That 110 person shall stack more thal1 one ton of hay or straw in any lot of said city, withil1 one hundred feet of any building. Sec. 30. That no person shall use any building for try- ing or for rendering lard or grease, smoking meat or provisions, or boiling oil or varnish, if such buildil1g 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. Sec. 31. All buildings excepting such as are used for private residences exclusively in the City of Dubuque, of three or more stories in height, shall be provided with one or more metallic ladders, or equally good fire escapes, extend- ing from tbe ground to the upper stories of such building; and abovc the roof, and in such location and numbers, and of such material and construction, as the Chief of the Fire De- partment of the City of Dubuque may in writing designate and determine. Al1d after such determination by said Cbief of the Fire Department he maY at any time by notice in writing, serve upon such owners, lessee or occupant of such building, by leav- ing with such owner, l<'ssee or occupant, or at his or her resi' dence or place of business, a copy of such notice, require such owner, lessee or occupant, or either of them, to cause such ladder or fire escape to be placed upon such building within thirty days after the service of such notice; Provided, how- ever, that alll¡uildings more than two stories high and used for manufacturing purposes, shall have one metallic ladder for