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Home My WebLink AboutSLO City Charter 1883OF THE tai _ boll :and Re4t carpi~ration OF THE City of San Luis Obispo. The Common Council of the Cit;-, by resolu- 'Zloll pissed Parivary 26th, 18S:;, ordered a gener- �1 election to be held February i 3th, -ISS4, tc; ek"CL the customary City Officers, and als;i 20 Note: upon the pror)osition of re -organization un - IJ -r the r eenerral Law of Municip,il Corporations, �e statutes 18(�3, P. 93 et seq.1 At said election d proposition of re -or, anization. was carried by trate of 3.52 to 41, and at the same time a full set of officers were elected to hold office until the cicction under said statute should be held. `subsequently, to wit, on February 26th, 1485, a sp cial 1�lunicipal Electir,n was held, and a full .t of officers were elected Under the statute of I (S;1) in rcga;-d to Municipal Corporations of the i :tli Class. I-�l, CacZ, ve"I'leYalliz, YL-0r,0n1z1,2'1i071 0,112zuz1ClPlal co;� 07"a11G11s, 1LT1z1iL'Y 11,Wn1C1V),-, 7 CO? JO?'Cai 2011 azcl, �z1h 51-o�-�c �al�ch }�, zb3�, and under lace f01' rcz szficalinlz flae�f a�hroved, IGI�r.1-ell z, 1883. St.c'rio. i. All cities and counties, cities or ;rrv7ns, re-or,(;anized, or clain-Jing to have been re- 2 CIIARTRR organized, or claiming to have been re-organized, since the passage of the acts, the titles of which are recited in the title hereof, or which have at- tempted since said elates to re-organize, or incor- porate under the provisions of said acts or either of them, and have acted as municipal corpora- tions since such re-organization, are hereby de- clared to be, and to have. been from the date of such re-or( aniz ation, or attempted re-organization, duly and legally incorporated- and re-organized cities, and all proceedings for the re-organization of such municipal corporations are hereby vali- dated and declared legal. SEC. 2. This act shall take effect from and after Its passage. (Approved March 11, i£9r; Stats. 189i, p. 92.) C;HA R T'liRI (ioverning San Luis Obispo as a Municipal Corporation of the Sixth Class, being that for�Cities and Towns having a Population of not Exceeding 3000. ARTICLE I. --GE- ERAI, POWERS. SECTION 850. Every municipal corporation of sxth cies-_ the sixth class shall be entitled the city (or town) Of ---- (naming it), and by such., name shall have perpetual succession, may sue and be sued in all courts and places, and in all proceedings whatever; shall have and use a common seal, al- terable at the pleasure of the city or town au- thorities, and may purchase, lease, receive, hold, and enjoy= real and personal property, and control and dispose of the same for the common benefit. SEc. 85i. The'government of such city or officers. town shall be vested` in a Board of Trustees, to consist of five member; a Clerk, who shall be " ex -officio Assessor; a t easurer; a Marshal, who shall b:: ex -officio Fax and License Collector ; a Recorder, to be appointed``by the Board of Trus- tees, a-nd-who-shall- lie -one -of the -justices -of- - the I_'f ace of the township.-inwhich_ said city -on -town is.situated; and such subordinate officers as are hereinafter provided for. SEC. 852. The -members of the Board of Trustees and the Clerk, Treasurer and Marshal shall be elected by the qualified electors of said city or town at a general municipal election to be held therein on the second 1VIonday�in April in each 'even numbered year. The Clerk, Treas- urer and Marshal shall hold office for the period of two years from and after the Monday next Election and ten- ure of office. omm"Mm" i0w� 1 SI1(-,cucdi1I"",- tfl(,- day of such a;l�i their mI(-c(:SS" il:� : )1"; ar(,, 1-,luctud and (111 I wrs of thn Board of Trustoz shall W,K; 101, Lhi; Pul iod of four ,'Iand �L! . (':i - r \%:ar:� from I I I i\Io I 1 (1, 1 v ncxt succc�:(Jiil--hu, day 4 mich t J, tion, and until llp-,ir ;[Icc(� (I ual i 1-1u( I : that the r:>t !,wa-d tees Clf!Cte(-j 11116!1- the ),,' ;It their first Incutilig, S(l clasif-v lot as that three of GO nunUP mjmH ofrc,,, "it the cxl)ll-;ILi()Il of LNO 0 the expiration of four yc.irs.' 'Pic Bear -1 Trustcus may, in their appoint Attorney, a Pound Master, a .1; uj),.,ri n Lea t !(jlt Streets, a civilI�:ninecr,and s!Icjl other subordinate it, their j u _ may be (1ccilled necessary, and fix their colnp-_11- sation, which said nf.icers Simil hold of -rice the plCaSLJYC of Saj,j I)(-)ard. SEU 851 The Clerk, Knisurur and Alw- shal resp) :uivcly, I"efore entering upon Au duties of their respective offices, each ea -cute a bond to such city or toxch in such penal sum m--, the Board of Trustees by ordinance may dcti,r "line, c"Ilditi('Ilcd for the faithful perforinanc(.° o�- IliS duties, inClLldill�,' in the SpIne bond the.- ChIti(--; Of all offices of ME he is nmde by this chanm ex -officio incumbent; such 1-)011ds shall be a,) - proved by the Board of Trustees. Ail bonds, when approved, shall be tied with the (Durk, ex- cept the bond of the Clerk, which shall be with the President of the Board of 'Trustees. "d! the provisions of any law of this Suite relaky to the OKI] bends of officers shall apply to s,.Iclj bonds, except as herein otherwise provided. Every officer Of such city, before enterill"',- up' -)n the duties of his office, shall take and file %vith the Clerk the constitutional Oath of Office. CHARTER, SFC. 854, Any vacancy occurring' In any of vacancies, how tl.e offices provided for in this act shall be filled suea. I y appointment by the Board of Trustees; but if such office be elective, such appointee shall hold office only until the next regular election, at M'hich time. a person shall be elected to serve for the rciiiainder of such unexpired term. In case a member of the Board. of Trustees is absent frorn'the city for the period of ninety days, unless by permission of the Board of Trustees, his office shall I -,v the Board bc: declared vacant, and the same 61led as in case of other vacancies. . SEC. 85,. The nlernbers of the Board of conipensat.ioil . Trustees shall receive no compensation whatever. The Clc.:rk, Treasurer, Marshal and Recorder shall severally receive, at stated times, a compen- sa.tion, to be fixed by ordinance by the Board of Trustees, which compensation shall not be in- creased or diminished after their election, or during their several terms of office. Nothing herein contained shall be construed to prevent the Board of Trustees from fixing such several amounts of compensation in the first instance, during the term of office of any such officer, or after his election. The compensation of all other officers shall be fixed from time to time by the Board of Trustees. SFC. 856. All c:lec"Llons in such city or town Election provis- shall be held in accordance with the general elec- tion laws of the State, so far as the same may be mule applicable; and no person shall be entitled to vote at such election unless he shall be a quali- fied elector of the county, enrolled upon the great register thereof, and shall have resided fn such city for at least thirty days next preceding such flection. The board of Trustees shall give such notice of each election as may be prescribed by ordi- i 5 crr.lr.rrx. nance, shall appoint boards of election, and fi:<: their compensation, and establish election pre- cincts and polling places, and may change the same. At any municipal election the last printed great register of the county shall be used, allcl any elector whose name is not upon such printed register shall be entitled to vote upon producing and filing with the board of election a eertificatr,, under the hand and official seal of the Cowitu, Clerk, showing that his name is re()-istc;red and uncancelled upon the great register of such Coun- ty;,�rovzdeel, that he is otherwise entitled to vote. rligibilitytooffice. SEC. gj�. No person shall be eligible to or hold any once in such city, whether filled by election or appointment, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of such election or appointment. ARTICLE. II.—LEGISLATIVE DEPARTMENT. Board of Trusteep. SECTION SSS. The Board of Trustees shall meet on the Nfonday next succeeding the date of said general municipal election, shall take the oath of office, shall choose one of their number President, and shall hold regular- meetings at least once in each month, at such times as they shall fix by ordinance. S_I e-cial meetings may be called at any time by thePresideiit oftFie Board, or by three Trustees, by written node r, delivered to each member, at Ieast three hours before the time specified for the proposed meeting. All meetings of the Board of Trustees shall be held within the corporate limits of the city, at such place as may be designated by ordinance, and shall be public. 21feetings. SEC. 8-9. At any meeting of the Board of CIIARTFR. Trustees a majority of the 'Trustees shall consti- tute a quorum for the transaction of business, but a less number may adjourn from time to time, and may compel the attendance of absent mem- bers ill such manner and under such penalties as may be prescribed by ordinance. The President of the Board shall preside at all meetings of the Board, and in case of his absence the Board may appoint a President pro tem; and in case of' the lbsence of the Clerk, the President or President int one of the members of the pro tem, shall appo -Board Clerk pro tem. Si -,c. 86o. The Board of Trustees shall judge Rnres. of the qualifications of its members, and of all election returns, and determine contested elec- tions of all city officers. "They may establish rules for the conduct of their proceedings, and punish any member or other person for disorder- ly behavior at any meeting. They shall cause the Clerk to ker-_p a correct journal of all their proceedings, and at the desire of any member ,Hall cause the ayes and nays to be taken on any question, and entered on the journal. SL,,,. 861. No ordinance, and no resolution Franchises and (,ranting any franchise for any purpose, shall be resolution to pay' p;,ssed by the Board of Trustees on the day of its introd i_iction, nor within five days thereafter, nor at any other than a reo-ular meetino. No resolution or order for the payment of money shall be passed at any other time than at a reau- l�.r meeting. And no such ordinance, resolution or order shall have any validity or effect unless passed by the votes of at least three Trustees. Sic.. 86z. The Board of Trustees of said city rowers. - shall have power: 1. To pass ordinances, ''nest in conflict with ordinances. 8 CIIAR'I'1;x. the co>>stitution and laws of this State. or of thr. United States. Pear estate. To purchase, lease, or receive such estate and personal property as may be neccs>_ar;; or proper for nwnicipal ptu-poses, and to contrr;l. dispose of, and convey the sante for the henef��: of the city or town; tll;it tht,xshill not have power to sell or convey :illy portion of any water -front. Water. 3. To contract for supplying the city or town with water for municipal purposes, or to acquire.. construct, repair, and inange punlps, aClneCrUCiS, reservoirs, or other- ivr,rks necessary or proper for supplying water fir the use of such city or its irI- habitants, or for irrigating purpo;:es therein. Highways. 4. To establish, build, and repair bridges; to establish, lav out, alter, beep op n, improve and repair streets, sidewalks, alleys, squares, and other public highways and places within the city or town, and to drain, sprinkle, aril light the same; to remove all obstructions therefrom; to es- tablish the grades thereof; to grade, pave, macad- amize, gravel, and curb the same, in whole or in part, and to construct gutters, culverts, sidesvalks, and cross -wallas therein, or on any part thereof, to cause to be planted, set out, and cultivated shade trees therein; and geperally to manage and control all such highways and places. sewers. 5. To construct, establish, and maintain drains and sewers. Fires. 6. To provide fire engines and all other nec- essary or proper apparatus for the prevention and extinguishment of fires. roll tax. 7. To impose on and collect from every male inhabitant between the ages of twenty-one and CHARTER. 9 i i sixty years an annual street poll tax, -not exceed- ing two dollars and no other road pall -tax shall be collected withit n the limits of such city. S. To imposeand collect an annual license, Dog tax. not exceeding t\�o dollars on every male dog and four dollars ow,every female dog owned or harbored within the, limits of the city. 9. To levy and collect annuallya property Property tax. tax, vA}I 1 7l C t}1211�7G71—�1-s--"- g r ` w,c• T+t�r t}iv rcan f�,11.�.L1.,.�.wh—icl4s�ball—TTLC`ide i -the fund—for-street--:w4)xk, not /xceedixig fifty cents on each one hundred dollars; fun�� nnr P�,��n�r fftee-n�ee�ts'"c�n -each-one io. To license, for 'the purpose of revenue Licenses, and regulation, all and'';every kind of business authorized by law and transacted and carried on in such city or town, and ; all shows, exhibitions, and lawful games carried on therein; to fix the rates of license tax upon the same, and to pro- vide for the collection of the same, by suit or otherwise. Ps-ovided, that'i, any licensed taxes collected under a city ordinance shall be collected by the city or town marshal;', and paid into the city or town treasury for the use of the city or town in which it is collected. i i. To improve the rivers and streams flow- water -front im ing through such city, or adjoining the same ; to provement. widen; straighten and deepen the channels there- of, and remove obstructions therefrom ; to im- prove the water -front of the city, and to construct and maintain embankments and 'other works to protect such city from overflow, and to acquire, own, construct, maintain and operate on any lands bordering on any navigable bay, lake, inlet, river, creels, slough, or arm of the sea within the 10 cnARTE] R. corporate limits of such city, or contiguous there- to, wharves, shutes, piers, breakwaters, bath houses; and life-saving stations. Public buildings. 12. To erect and maintain buildings for municipal purposes, libraries, gymnasiums, etc. Tracks and pipes 13. To acquire, own, construct, maintain and operate street railways, telephone and telegraph lines, gas and other works for light and heat, public libraries, museums, gymnasiums, and baths, and to permit, under such restrictions as they may deem proper, the laying of railroad tracks and the running of cars drawn by horses, steam, or other power thereon, and the laying of gas and water pipes in the public streets ; and to permit the construction ana maintenance of tele- graph and telephone lines therein. v'olati°„orordi- nances. 14. To impose fines, penalties and forfeitures for any and all violation of ordinances; and for any breach or violation of any ordinance to fix the penalty by fine oil imprisonment, or both ; but no such fine shall exeed three hundred dollars, nor the term of imprisonment exceed three months. Prison labor. 15. To cause all persons imprisoned' for vio- lation of any ordinance to labor on te streets or other public property or works with�n the city. Other acts. t6. To do and perform �ny an all other acts and things necessary or proper t carry out the provisions of this chapter. (St5 s. 1891, P. 233)• Fnacting clause. SEc. 863. The enacting clause of all ordi- nances shall be as follows: "The Board of Trustees of the city (or town) of do or- dain as follows.” Every ordinance shall be signed by the President of the Board of Trustees, attested by the Clerk, and published at least once CITARTUR: I T I in a newspaper published in such city or town, or printed and -posted in at least three public places therein. SEC. 864. All demands against such city or Demands. town shall be presented to and audited by the Board of Trustees, in accordance with such regu- lations as they may by ordinance prescribe; and upon the allowance of any such demand, the President of the Board shall draw a warrant upon, the Treasurer for the same, which warrant shall be countersigned by the Clerk, and shall specify for what purpose the same is drawn, and out of what fund it is to be paid. SEC. 865. The Board of Trustees shall not Indebtedness not to exceed available create, audit, allow, or permit to accrue, any debt funds. or liability in excess of the available money in the treasury that may be legally apportioned and appropriated for such purposes; provided, that any city or town during the first year of its exis- tence under this act may incur such indebtedness. or liability as may be necessary, not exceeding in all the income and revenue provided for it in such year; nor shall any warrant be drawn, or evi- dence of indebtedness be issued, unless there be at the time sufficient, money in the treasury le- gally applicable to the payment of the same, ex- cept as hereinafter provided. SEc. 866. If at any time the Board of Trus- Incurring excess tees shall deem it necessary to incur any indebt- decided by vote. edness in excess of the money in the treasury applicable to the purpose for which such indebt- edness is to be incurred, they shall give notice of a special election by the qualified electors of the city or town, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness pro- posed to be incurred, the purpose or purposes of 12 CHARTER. the same, and the amount of money necessary to be raised annually, by taxation, for an interest and sinking fund, as hereinafter provided. Such notice shall be published for at least two weeks in some newspaper published in such city or town ; and no other question or matter shall be submitted to the electors at such election. if upon a canvass of the votes cast at such election it appears that not less than two-thirds of all the qualified electors voting at such election .shall have voted in favor of incurring such indebted- ness, it shall be the duty of the Board of Trustees to pass an ordinance providing for the mode of creating such indebtedness, and of paying the same ; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and personal property subject to taxation within such city or town, sufficient to pay the interest on such indebtedness as it falls due; and also to constitute a sinking fund for the payment of theprincipal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the Board of Trustees, in each year , thereafter, at the time at which other taxes are levied, to levy a tax sufficient for such purpose, in addition to the ,taxes by this chapter authorized to be levied. Such tax, when collected, shall be kept in the treasury as a separate fund, to be inviola- bly appropriated to the payment of the principal and interest of such indebtedness. Incarceration. SEC. 567. The violation of any ordinance of such city or town shall be deemed a misdemean- or, and may be- prosecuted by the authorities of such city or town in the name of the people of the State of California; or may be redressed by civil action, at the option of said authorities. Any person sentenced to imprisonment for the viola- CHARTER. �3 � tion of an ordinance may be imprisoned in the jail for such city or town ; or if the Board of Trustees by ordinance shall so prescribe, in the county jail of the county in which such city or town may be situated, in which case the expense of such imprisonment shall be charged in favor of such county and against such city or town. SEC. 868. Every actor thing done or being Nuisances. within the limits of such city or town, which is or may be declared by law or by any ordinance of such city or town to be a nuisance, shall be and is hereby declared to be a nuisance, and shall be considered and treated as such in all actions and proceedings whatever; and all remedies which are or may be given by law for the prevention and abatement of nuisances shall apply thereto. SEC. 869. The Board of Trustees are hereby Cost of street work assessed on authorized and empowered to order any work fronting property. authorized by this chapter. to be done upon the streets, avenues, highways, and public places of _ such city or town. The cost and expense in- curred therefor shall be paid as follows, to wit: The expense or cost of improving and repairing streets, sidewalks, alleys, squares, and other pub- lic highways and places within the city or town, removing obstructions therefrom, grading, pav- ing, macadamizing, graveling, and curbing the same, and constructing gutters, culverts, and sidewalks therein, shall be assessed upon the lots and lands fronting thereon, each lot or a portion of a lot being separately assessed for the full depth thereof in proportion to the benefits upon the property to be benefitted, sufficient to cover the total expense of the work to the center of, the street on which it fronts; trovided that the Board of Trustees may expend from the general fund for said purposes a sum which in their judg- 14 CHARTIM ment may be necessary. The expense of all im- provements in the space formed by the junction of two or more streets, or where one main street terminates in or crosses another main street, and also all necessary street crossings, or crossways at corners or intersections of streets; and the ex. pense of establishing, building, and repairing bridges in such city or town,s hall be paid by such city or town:V-1-he expense incurred in making and repairing sewers in any street shall be paid, -one-fourth by the owner of the lands on one side of said street, one-fourth by the owner of the lands on the other side of said street, and one-half by the city or town out of the sewer fund. In all the streets constituting the water- front of such city or town, or bounded on the one side by the property thereof, the expense of work done on that portion of said streets, from the center line thereof to the said water -front, or to such property cf the city or town bounded thereon, shall be paid for by such city or town, but no contract for any such work shall be given except to the lowest responsible bidder, and in the manner hereinafter provided. When any work or improvements mentioned in this section is done or made on one side of the center line of said streets, avenues, or public highways, the lots or portions of lots fronting on that side only shall be assessed to cover the expenses of said work according to the provisions of this chapter. Whenever any expenses or costs of work shall have been assessed on any lands, the amount of said expenses shall become a lien upon said lands, which shall take precedence of all other liens, and which may be foreclosed in accordance with the provisions of the Code of Civil Proce- dure. Such suit shall be in the name of such city or town as plaintiff. Upon the filing of a CHARTER �5 complaint in the Superior Court .to enforce a lien of any kind hereon, the plaintiff shall be entitled, if a recovery is had or the money is paid, to in- clude as costs the sum of twernty-five dollars"as attorney's fees. SEC. 870-, Whenever it shall become neces- light of way. sary for the city or town to take or damage pri- vate property for the purpose of establishing, lay- ing out, extending, and widening streets and other public highways and places within the city or town, or for the purpose of rights of way for drains, sewers, and aqueducts, and for the pur- pose of widening, straightening, or diverting the channels of streams and the improvement of water -fronts, and the Board of Trustees cannot a-ree with the owner thereof as to the price to ; ° liCae • I aid, the Trustees may direct proceedings to be taken under section twelve hundred and thirty- seven and following sections, to and including section twelve hundred and sixty-three of :the Code of Civil Procedure, to procure the same. SEC. 871. The Board of Trustees, shall have power, send it shall be their duty, to provide_ by Levy of taxes. ^ ordinance a system for the assessment, levy, and htU1� ;� ►1� collection of all city or town taxes, not inconsist- ent with the provisions of this chapter, whicht1tit�7� system shall conform as nearly as the circum stances of the case may permit to the provisions of the laws of this State in reference to the as- sessment, levy, and collection of State and county taxes, except as to the times for such assessment. levy, and collection, and except as to the officers by whom such duties are to be performed. All taxes assessed, together with any percentage im- posed for delinquency, and the costs of collection, shall constitute liens on the property assessed, from and after the first Monday in March in each r6 CFIARTER. year; which liens may be enforced by a summary sale of such property; and the execution and de. livery of all necessary certificates and deeds therefor, under such regulations as may be pre- scribed by ordinance, or by actions in any court of competent jurisdiction to foreclose such liens; fiyovided, that any property sold for such taxes shall be subject to redemption within the time and in the manner provided, or that may here- after be provided by law for the redemption of property sold for state or county taxes. All. deeds made upon any sale of property for taxes or special assessments, under the provisions of this chapter. shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold for non-payment of state or county taxes. Vquatization. SEC. 872• The Board of Trustees shall meet at their usual place of holding meetings on the second Monday of August of each year, at ten o'clock in the forenoon of said day, and sit as a Board of Equalization, and shall continue in ses- sion from day to day until all the returns of the assessor have been rectified. They shall have power to hear complaints, and to correct, modify, strike out any assessment made by the assessor, and may, of their own motion, raise any assess- ment, upon notice to the party whose assessment is to be raised. The corrected list for each tax shall be the assessment roll for said tax for. said year. It shall be certified by the clerk, who shall act as clerk of the Board of Equalization, as be- ing the assessment roll for said tax, and shall be the assessment roll upon which such tax is to be levied in said year. Construction of SEC. 873. Nothing in this chapter contained act. - shall be construed to prevent any city or town CHARTR.R. 17 having.a bonded indebtedness, contracted under laws heretofore passed, from levying and collect- ing such taxes for the payment of such indebted-, ness, and the interest thereon, as are provided for in such laws,. in addition to the taxes herein au- thorized to be levied and collected. All moneys received from licenses, street poll -tax, and- from fines, penalties, and forfeitures, shall be paid into the general fund. SEC. 874.. In the erection, im repair of all pub c buildings an street and sewer ork, and in about streams, bay or water-fi about embankments other work against overflow, and in furnishii or materials for the sam when t required for the same exceeds hundred dollars, the same shall be tract, and shall be let wo the lov bidder, after notice by publkation of general circulation, print d an( such city or town, for at leas two there be no newspaper prr ted therein, by printing and posti tl least four public places therein period. Such notice shall distict ally state the work contemplat . i Provided, that the Board of Trust any and all bids presented, and their discretion. (Statutes 1.891, p rovement and Public work to be done by contract. I works, in all ill work in or )nts, or in or for protection any supplies e expenditure le sum of one ]one by con- st responsible i a newspaper published in weeks ; or, if or published same in at or the same y and specific - to be done ; °s may reject •e -ad ertise in S)•z�<, SEC. 875. The President of the Board Of Signatureofwar- rants and contracts Trustees shall preside over all meetings of the Board at which he is present. In his absence a President pro tem. may be chosen. The Presi- dent, and in his absence the . President pro tem.; shall sign all warrants drawn on the Treasurer, and shall sign all written contracts entered into 18 CHARTRR. by said city or town, as such President or Presi- dent pro tem The authority and power of the President pro tem. shall continue only during the day on which he is chosen. The President and President pro tem. shall have power to adminis- ter oaths and affirmations, and take affidavits and testify the same under their hands. The Presi- dent or President pro tem, shall sign all convey- ances made by said city or town, and all instru- ments which shall require the seal of the city or town. The President is authorized to acknowl- edge the execution of all instruments executed by said city or town that require to be acknowl- edged. ARTICLE IV.—EXECUTIVE DEPARTMENT. Treasurer. SEC. 876. It shall be the duty of the Treas- urer to receive and safely keep all moneys which shall come into his hands as Treasurer, for all of which he shall give duplicate receipts, .one of which shall be filed with the cleric. He shall pay out said money on warrants signed by the President and countersigned by the clerk, and not otherwise. He shall make quarterly settle- ments with the clerk. For his compensation he shall be allowed one per cent. on all moneys re ceived and paid by him as such Treasurer. He may credit himself with such per cent, in his set- tlements with the cleric. Upon each quarterly settlement, he shall file a statement of his account with the clerk. Assessor, SEC. 877- It shall be the duty of the Assessor, between the first day of May and the first day of August in each year, to make out a true list of all the taxable property within the city or town. The mode of making out of said list, and pro- ceedings relating thereto, shall be in conformity CHARTIM 19 with laws now 'in force regulating county Asses- sors, except as the same may be otherwise pro- vided in this act, or by ordinance. Said list shall describe the property assessed, and the value thereof, and shall contain all other matters re- quired to be stated in such lists by county As- sessors. Said Assessor shall verify said list by his oath, and shall deposit the same with the clerk on or before the first Monday of August of each year. The Assessor shall, during said time, also make a list of all male persons residing with- in the limits of the city or town, over the age of twenty-one years, and shall verify said list by his oath, and shall, on or before the first Monday of August in each year, deposit the same with the clerk. Said Assessor and his deputy shall have power to administer all oaths and affirmations necessary in the performance of his duty. SEC. 878. It shall be ,the duty of the clerk to keep a full, true record of all the proceedings .of the Board of Trustees and of the Board of Equal- ization. The proceedings of the Board of Trus- tees shall be kept in a book, marked "Records of the Board of Trustees." The proceedings of the Board of Equalization shall be kept in a separate book, harked "Records of the Board of Equali- zation." He shall keep a book, which shall be marked "City or Town accounts," in which shall be entered as a credit all moneys received by the city or town for licenses, the amount of any tax when levied, and all other moneys when re- ceived, and in which shall be entered upon the debtor side all commissions deducted and all warrants drawn on the treasury. He shall also keep a book, marked "Marshal's account," in which he shall charge the Marshal with all the tax lists delivered to him, and all licenses delivered to him. He shall credit the Marshal with the Clerk. 20 CHARTIM delinquent lists returned by him, and with his commission for collectins. He shall also keep a book, marked "Treasurer's account," in which he shall keep a full account of the transactions of the city or town with the Treasuer. He shall also keep a book, marked --L ce . nses," in which he shall enter all licenses issued by him, the date thereof, to whom issued, for what, the time when it expires, and the amount paid. He shall also keep a book marked "Attorney's account," and shall therein charge said attorney with all delin- quent tax lists delivered to him, and shall credit him with money paid and delinquent tax lists re- turned. He shall keep a book, marked "Ordi- nances," into which he shall copy all city or town ordinances, with his certificate annexed to said copy stating the foregoing ordinance is a true and correct copy of an ordinance of thecity or town, and givins the number and title of said ordinance, and statins that the same has been published or posted according to law. Said record copy, with said certificate, shall be prima facie evidence of the contents of the ordinance and of the passage and publication of the same, and shall be admissi- ble as such evidence in_ any court or proceeding Such records shall not be filed in any case, but shall be returned to the custody of the clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of ordinances in the usual way. Each of the foregoins books, except the records of the Board of Trustees and the Board of Equalization, shall have a general index, sufficiently comprehensive to enable a person readily to ascertain matters contained therein. The clerk shall also keep a book, marked "Demands and warrants," in which he shall note every demand against the city or town, and file the same. He shall state therein, . CHARTER. 2I under the note of the demands, the finale disposi- tion made of the same ; and,if the same is al- lowed, and a warrant drawn, he shall also state the number of the warrant, with sufficient dates. This book shall contain an index, in which refer- ence shall be made to each demand. Upon the completion of the assessment roll of any of the taxes of the city or town, and the levying of the tax thereon, the clerk shall apportion the taxes upon such assessment roll, and make out and de- liver to the Marshal a tax list in the usual form, taking his receipt therefor. He may appoint a deputy, for whose acts he and his bondsmen shall be responsible, and he and his deputy shall have power to administer oaths or affirmations, to take affidavits and depositions to be used in any court or proceeding in the State, and to certify the same. He and his deputy shall take all neces- sary affidavits to demands against the city or town, and certify the same without charge. He shall be the custodian of the seal of the city or town. He shall make a quarterly statement in writing, showing the receipts and expenditures of the city or town for the preceding quarter, and the amount remaining in the treasury. He shall at the end of every fiscal year make a full and . detailed statement of the receipts and expendi- tures of the preceding year, and a full statement of the financial condition of the. affairs of the city or town, which shall be published. He shall perform such other services as this act and the ordinances of the Board of Trustees shall require. SEC. 879. It shall be the duty of the Attorney Attorney. to advise the city or town authorities and officers in all legal matters pertaining to the business of said city or town. He shall receive the delin- quent list and receipt therefor; he is authorized 22 CHARTPR. to bring suit in the name of the city or town, in the proper court, for the collection of any tax; he shall receive for collecting taxes such per cent. on the amount collected as may be provided by or- dinance, which said percent. shall be collected of the delinquent tax -payers as provided by ordi- nance. In case a suit shall be brought in the superior court upon a tax upon real estate to sell sdch real estate for the purpose of paying such tax and costs, he shall b2 allowed, in addition to the said per cent, twenty-five dollars for each suit brought, to be taxed as costs in such suit, and not to be paid to said Attorney unless collected of the defendant in such suit. Said Attornev shall receive such other compensation as may be allowed by the Board of "Trustees. Marshal. SEC. 880. The department of police of said city or town shall be under the direction and control of the Marshal and for the suppression of any riot, public tumult, disturbance of the peace, or resistance against the laws or public authorities in the lawful exercise of their func- tions, he shall have the powers that are now or may hereafter be conferred upon Sheriffs by the laws of the State, and shall in all respects be en- titled to the same protection ; and his lawful or- ders shall be promptly executed by deputies, po- lice officers, and watchmen in said city or town, and every citizen shall also lend him aid, when required, for the arrest of offenders .and main- tenance of public order. He shall, and is hereby authorized to execute and return all process is- sued and directed to him by any legal authority. It shall be his duty to prosecute before the .Re- corder all breaches or violations of or non -corn pliance with any ordinance which shall come to his knowledge: He shall collect all taxes levied by the Board of Trustees, except as is herein cx�at kTR23 shalprovided. Hl the expiration of any month, pay to the "treasurer all taxes and other funds of said city or town -collected by him dur- ing said month. He shall, upon payment of the money, file with the Treasurer an affidavit, stat- ing that the money so paid is all the taxes or funds that he collected or received during the preceding month. He shall, upon the receipt of any tax list, give his receipt for the same to the _ Clerk, and shall, upon depositing with the Clerk the delinquent tax list, take his receipt therefor. He shall receive from the Clerk all licenses, and collect the same. He shall have charge of the prison and prisoners, and of any chain -gang which may be established by the Board of Trus- tees. He shall for service of any process receive the same fees as Constables. He may appoint, subject to the approval of the Board of Trustees, one or more deputies, for whose acts he and his bondsmen shall be responsible, whose only com- pensation shall be fees for the service of process, which shall be the same as those allowed to the Marshal. He may also, with the concurrence of the President of the Board of Trustees, when the same be by them deemed necessary for the preservation of public order, appoint additional olicemen, who will discharge the duties assigned in 6nor one day only. He shall perform such other services as this act and the ordinances of the Board of Trustees shall require, and shall re- ceive such compensation as shall be fixed by ordinance. SEc. 88 i. 'The Board of Trustees shall, by or- fi o p nsati n dinances not inconsistent with the provisions ,of ibe the additional duties of all this chapter, prescr officers, and fix their compensation. 24 CIIARTFR. ARTICLE V.—JUDICIAL DEPARTMENT, Recorder's Court. SEC. 882. A Recorder's court is hereby estab. lished in such city or town, to be held by the Recorder of such city or town. Said Recorder's court shhll have jurisdiction, concurrently with the Justice's courts, of all actions and proceed- ings, civil and criminal, arising within the corpor- ate limits of such city or town, and which might be tried in such Justice's court; and shall have exclusive jurisdiction of all actions for the recov- ery of any fine, penalty, or forfeiture prescribed for the breach ,of any ordinance of such city or town, of all actions founded upon any obligation or liability created by any ordinance, and 'of all prosecutions for any violation of any ordinance. The rules of practice and mode of proceeding in said Recorder's court shall be the same as are or may be prescribed by law for Justice's courts in like cases ; and appeals may be taken to the Su- perior court of the county in which such city or town may be situated, from all judgments of said Recorder's court, in like manner and with like effect as in cases of appeals from Justices' courts. Power of Record- SEC. er as Judge. 883. The recorder shall be judge of the Recorder's court, and shall have the powers and perform the duties of a magistrate. He may ad- minister and certify oaths and affirmations, and take and certify acknowledgments. He shall be entitled to charge and receive for his services such fees as are or may be allowed by law to Justices of the Peace for like services, except that for his services in criminal prosecution for vioia- tion of ordinances he shall be entitled to receive only such fees as the Board of Trustees shall by ordinance prescribe. Recorder dis- nrtain cases. fied as Judge i certain n certaiSEC. 884.. In all cases in which the Recorder CHARTi:R 25 is a party; or in which he is interested, or when he is related to either party by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sickness or inability to act, the Recorder may call in a Justice :of the Peace residing in the city or town to act in his place and stead ; or if there be no Justice of the Peace residing in the city or town, or if all those so residing are likewise disqualified, then he may call in any Justice of the Peace residing in the county in which such city or town may be situated. ARTICLF V1. —MISCELLANEOUS PROVISIONS. o SEC. 885. Every officer collecting or receiving mnsneys. of any moneys belonging to or for the use Of such city or town shall settle for the same with the Clerk on the first Monday in, each month, and immediately pay the same into the treasury, on the order of the Clerk, for the benefit of the funds to which such moneys respectively belong. SEc. 886. No officer of such city or town shall No officer to be interested in any be interested, directly or indirectly, in any con- pnbiic contract. tract with such city or town, or with any of the officers thereof in their official capacity, or in do- ing any work or furnishing any supplies for the use of such city or town, or its officers in their official capcity; and any claim for compensation for work done, or supplies or materials furnished, in which any such officer. is interested, shall be void, and if audited and allowed shall not be paid by the Treasurer. Any willful violation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misde- meanor, and punished as such. (See Siaiuies and ,4mendmen1s, -883, 9.3-] ORDINANCE NO. 91. An Ordinance Relating to th. Bieslio I of City Officers, The Board of Trustee; of the City of San Luis Obispo, do ordain as follows: General inunici- Section r. An pal election. election for all elective Citp officers shall be held on the second Monday in i. April, in each even numbered year, and shall be known as the General Municip-al Election. 1 Ten days notice Section 2. At least ten days before each gen- by publication. eral Municipal election the Board of Trusteesshall cause notice thereof to be given by publication in some newspaper published in the said City of l San Luis Obispo or by posting notices thereof in not less than three public places in said Citv which notices shall state the time and place of election and the offices to be filled. Held in accor- SEC. 3 All elections in said City of San Luis dance with general election laws. Obispo shall be held in accordance with the gen- eral election laws of the State of California, so far as the same may be applicable, provided that wherever the words "County Clerk" are used in said general laws, they shall be held to mean "City Clerk" and all the provisions of the general election laws of the State of California, are here- by adopted and ordained to be the election laws of said City of San Luis Obispo, so far as the same can be made applicable. R Conflicting or -SEC diances repealed.ed. .. 4. All ordinances and parts of ordinances ' in conflict with this ordinance and particularly ordinance NO- 3, approved March roth, 1884, are hereby repealed. Take effect. SEC. 5. This ordinance shall take effect and be in force from and after its passage and ap- proval. Approved December 21, 1896. r_ ORDINANCE NO. 1. Relating to Officers, Terms of Office and Fixing the Official Bonds of Officers. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: SECTION I. The Board of Trustees consisting Elective °ffieers of five members; the Clerk who shall be ex- tak When they take office. officio Assessor; the Treasurer and the Marshal, who shall be ex -officio Tax and License Collec- tor, shall be elected by the qualified electors of the City of San Luis Obispo at each general municipal election to be held therein and shall go into office on the first Monday next succeeding such general election. The Clerk, Treasurer and Marshal shall hold office for the period of two years and until their successors are elected and qualified. Members of the Board of Trustees shall hold office for the period of four years from and after the Monday next succeeding the day of such general municipal election, and until their successors are elected and qualified, provided, that the Board of Trustees elected on the second Monday in April in the year 1884, shall, at their first meeting, so classify themselves, by lot, as that three of their number shall go out of office at the expiration of two years and two at the ex- piration of four years. SEC. z. Any person elected or appointed to nteeslong op fill a vacancy in any elective office shall hold the ECB• office to which he shall have been elected or appointed during the remainder of the term of such office and until his successor is qualified. SEC. The Board must appoint a Cit Re- Must appoint 3• Pp Y city Recorder. , corder, and may in their discretion appoint a City Attorney, a Pound Master, a Superintendent of ORDINANCE NO. 91. An Ordinance Relating to th., 81e�tio i of City Officers, The Board of Trustee, of the City of San Luis Obispo, do ordain as follows: General inunici- tCSection i. An election for all elective City pal election. officers shall be held on the second Monday in April, in each even numbered year, and shall be known as the General Municipal Election. Ten days notice by publication. Section 2. At least ten days before each gen- eral Municipal election the Board of Trusteesshall cause notice thereof to be given by publication in some newspaper published in the said City of San Luis Obispo or by posting notices thereof in not less than three public places in said City which notices shall state the time and place of election and the offices to be filled. Field in accor- SEC. 3 All elections in said City of San Luis dance with general election laws. Obispo shall be held in accordance with the gen- eral election laws of the State of California, so far as the same may be applicable, provided that wherever the words "County Clerk" are used in said general laws, they shall be held to mean "City Clerk" ant all the provisions of the general election laws of the State of California, are here- by adopted and ordained to be the election laws of said City of San Luis Obispo, so far as the same can be made applicable. Conflicting or- SEC.. 4. All ordinances and parts of ordinances diances repealed. in conflict with this ordinance and particularly ordinance NO- 3, approved March loth, 1884, are hereby repealed. Take effect. SEC. S. This ordinance shall take effect and be in force from and after its passage and ap- proval. Approved December 21, 1896. ORDINANCE NO. 1. Relating to Officers, Terms of Office and Fixing the Official Bonds of Officers. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: SECTION I. The Board of Trustees consisting- and when they le when officers of five members; the Clerk who shall be ex"_ take office. officio Assessor ; the Treasurer and the Marshal, who shall be ex -officio Tax and License Collec- tor, shall be elected by the qualified electors of the City of San Luis Obispo at each general municipal election to be held therein and shall go into office on the first Monday next succeeding such general election. The Clerk, Treasurer and Marshal shall hold office for the period of two years and until their successors are elected and qualified. Members of the Board of Trustees shall hold office for the period of four years from and after the Monday next succeeding the day of such general municipal election, and until their successors are elected and qualified, provided, that the Board of Trustees elected on the second Monday in April in the year ISS4, shall, at their first meeting, so classify themselves, by lot, as that three of their number shall go out of office at the expiration of two years and two at the ex- piration of four years. SEC. z. Any person elected or appointed to o'ow s `9 of fill a vacancy in any elective office shall hold theOe office to which he shall have been elected or appointed during the remainder of the term of such office and until his successor is qualified. staSEC. 3. The Board must appoint a City Re- City. RdPPoint corder, and may in their discretion appoint a City Attorney, a Pound Master, a Superintendent of 28 OFFICERS AND BONDS. Streets, a City Engineer and such Police and other subordinate officers as in their judgment may be deemed necessary, and fix their compen. sation, which said officers shall hold office during the pleasure of said Board. (Ordinance No. 87). Officers const take and file oath. SEC. 4' All city officers before entering upon their official duties must take the oath of office and must file the same with the City Clerk. Must give bond. SEC. 5. The officers hereinafter named shall, respectively, before entering upon their duties, each execute a bond to said city in the following penal sums: City Clerk's bond The City Clerk and ex -officio Assessor in the penal sum of three thousand dollars. City bond. Treasurer's The City Treasurer in the penal sum of twelve thousand dollars Marshal's bond. The Marshal and ex -officio Tax and License Collector in the penal sum of ten thousand dol- lars. City Attorney's b The City Attorney in the penal sum of one thousand dollars. bonay Recorder's The City Recorder in the penal sum of one thousand dollars. Sup erinendent of Street's bond. The Superintendent of Streets in the penal sum of three thousand dollars. bo ay Engineer's The City Engineer in the penal sum of three thousand dollars. Method of exe- cuting bond. SEC. 6. Each official bond must be signed by the principal and by at least two sureties con- ditioned for the faithful performance of his duties including in the same bond the duties of all offices of which he is made by law or any ordinance of said city ex -officio incumbent ; Provided, thYt the OrrICI }RS AND BONDS. 29 sureties on any official bond shall not be accepted for portions of less than five hundred dollars thereof. If in the opinion of the Board of Trus- tees the bond of any city officer shall become in- sufficient from any cause he shall be required by said Board by resolution to give any additional bond within five days after due notice beina, giv- en, and upon his failure so to do his office must be declared vacant. All bonds must be approved by the Board of Trustees before they can be filed. SEC. 7. All official bonds (except that of the All bonds Sha„ City Clerk) shall be filed in the office of the City be filed except p s`' Clerk ; the bond of the City Clerk shall be filed o eTrutese Board with the President of the Board of Trustees. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall take effect and be in force from and after its passage 'and approval. (Approved March 3rd, 1884). ORDINANCE NO. 6. Relating to Duties of Officers. The Board of Trustees of the City of San Luis Obispo do ordain as follows: ARTICLE I. THIi PRESIDENT AND BOARD OF TRUSTEES. When and what standing commit- SECTION I. At the regular meetiil Of the tee. appointed. Board of Trustees held on the. third Monday in April of each year, the President of the Board of Trustees shall appoint the following standing committees, each committee to consist of three members of the Board of Trustees, viz.: On Police, Jail and Fire Department; Streets, Land and Squares; and on Finance and Ordinances, and shall designate the chairman of each of said committees; and the President and Board of Trustees, as a whole, shall be a Committee on Health. Dutv of commit- tee on police, jail SEC. 2. It shall be the duty of the Committee and fire depart- ment. on Police,. Jail and Fire Department, to examine into the acts of allofficers in any way connected with the Police force of said city or with the Fire Department, and to report to the Board of TCUS- tees any neglect or violation of duty on the part of such officer or officers. They shall have a general supervision of all the apparatus of the Fire Department and of repairs to be clone and supplies to be furnished therefor, and of all other matters connected with the City Jail and Fire Department, and 'from time to time report the condition of the same to the President and Board of Trustees, with such recommendations as they DurIgS of OFFICERS. 31 shall deem for the best interests of the different Must report when and to whom. Departments. SEC. 3. It shall be the duty of the Committee on Streets Lands and Squares to superintend Duties of `0111- 7 ', mittee on streets, the opening and extension of all new streets, side- land and squares. walks, alleys and avenues, and the widening, straightening, grading, planking, macadamizing, paving, guttering, curbing, sprinkling and im- proving of all existing public streets, sidewalks, alleys and avenues; and all streets, sidewalks, alleys and avenues which may hereafter be open- ed and dedicated to the public use, together with the location, preservation and general charge of all street lamps and hydrants now erected or which may hereafter be erected on any of the public streets, alleys or avenues of said city; they shall have a general supervision of all lands, parks and squares belonging to the city or over which said city has any control, and all sewers which are or may hereafter be constructed; they shall see that the Superintendent of Streets faith- fully performs the duties of his office, and that he executes all orders made to him by the Board of. Trustees, or by said committee, and shall report generally upon the result of their labors and ex- Must report when and to whom. aminations from time to time, to the President and Board of Trustees, with , any recommenda- tions they may deem proper Duties of,Finance SEC. 4. It shall be the duty of the Finance and Ordinance and Ordinance Committee to examine into the Committee. accounts and transactions of all officers having the collections, custody or disbursement of public money. Said committee may visit any of the public offices when, and as often as they think proper, and make their examinations and inves- tigations therein without hindrance, and make report thereof. The chairman of the committee, 32 DUTIES OI' OFFICERS, in conjunction with the City Clerk, shall, at Must exa=nine least once in each quarter, examine the books Treasurer's books and count rmoney of the Treasurer, incl shall be permitted, and it shall be their duty, to see and count over all moneys remaining in the hands of such "Treas urer, and make a report thereof to the President and Board of Trustees. If from the examination made it shall appear that a misdemeanor in office, or a defalcation has been committed by any officer of said city, they shall immediately report the same to the President and Board of "Trustees. They shall report and recommend to the Presi- Must report all dent and Board of Trustees for passage and ap- =ances for pas. orrejecton. sageproval, or rejection, all Ordinances presented to the President and Board of Trustees Chairman must nanonotify m com- SEC. 5• mittittee It shall be the duty of the chairan mem hers to meet of each committee and consult. , when any business has been referred to the committee of which he is chair- man, to notify the members of the committee to meet and consult upon the business referred to them. Committee con- tracts must be ad- vertised as direct- ed by the Board, SEC. 6. Contracts for work entrusted to any committee, to have done for and on behalf of the city, shall in all cases be advertised for such length of time and in the manner as the Presi- dent and Board of Trustees may direct, and any contract made contrary to the provisions of this Section shall not be binding upon the President and Board of Trustees, unless otherwise special- ly ordered by them. Committee ed SEc. 7. health empowered It shall be the duty of the Committee to make rules. on Health, to make such rules and regulations as they may deem proper for the preservation of the sanitary condition of the city. (See ordinance NO. 42.) �, SEC, S. The President and Board of Trustees DUTIES OF OFFICERS. 33/ shall meet within five days after any election and when Board of Trustees must canvass the returns and declare the result, and meet and canvass returns and declare when two or more persons for any office have result, an.equal and highest number of votes, the Board of Trustees shall decide the election by a plural- ity vote of their own Board. Should any of the officers elected fail to qualify and give the bond When officers required, for the period of six days after their elected fail toqual- ify must declare election, the office shall be declared vacant, and vacant. shall be filled as provided by Ordinance for the filling of other vacancies. a SEC. g. The Board of Election, Or officers act- Joandn sigtmaall .returns and depos- ing as such Board, shall make out and sign all it With city clerk. returns of city elections as required by law in general elections, and shall deposit the same with the City Clerk. . ARTICLE-IL—DUTIES OF MARSHAL, SECTION Io. The City Marshal shall fix the Duties of Mar - shat. beats of policemen and assign to each his term of service thereon; he shall keep a register of arrests, and shall enter, Or cause to be entered therein, the name of every person arrested, the offense for which be was arrested, the name of the complainant and witnesses, and their places of residence; and when property has been Stolen, stolenp pro of shall enter thereon a description of the stolen P p y property, and the name of the owner thereof, and when a person or property has been injured, he must record the name of the person injured or'a description of the property injured, and he ; . file or cause to be filed, a copy of such entries, in the Recorder's Court, every judicial day, at such hour as the Recorder may fix. He shall keep .a correct record of the number of arrests made by each policeman and the convictions or acquittals thereon, and report the same quarterly to the 32 DUTIES OF OFFICERS. in conjunction with the City Clerk, shall, at Tre surer'sXbooks least once in each quarter, examine the books andcount port money of the Treasurer, and shall be permitted, and it shall be their duty, to see and Count over all moneys remaining in the hands of such Treas urer, and make a report thereof to the President and Board of Trustees. If from the examination made it shall appear that a misdemeanor in office, or a defalcation has been committed by any officer of said city, they shall immediately report the same to the President and Board of Trustees. They shall report and recommend to the Presi- Must report all dent and Board of Trustees for passage and ap- sAgeor'reJectopal proval, or rejection, all Ordinances J presented to the President and Board of Trustees Chairman of coin- SEC. 5 It shall be the duty of the chairman mittee must notify members to meet of each committee, when any business has been and consult. referred to the committee of which he is chair- man, to notify the members of the committee to meet and consult upon the business referred to them. Committee con- SEC. 6. Contracts for work entrusted to any tractvectis in list - committee, to have done for and on behalf of the ad- vertised as direct- ed by the Board, city, shall in all cases be advertised for such length of time and in the manner as the Presi- dent and Board of Trustees may direct, and any contract made contrary to the provisions of this Section shall not be binding upon the President and Board of Trustees, unless otherwise special- ly ordered by them. Committee d SEC. 7. health empowered It shall be the duty of the Committee to make rules. On Health, to male such rules and regulations as they may deem proper for the preservation of the sanitary condition of the city. (See ordinance No. 4z.) 3 SEC. S. The President and Board of Trustees DUTIF,S OF OFFICURS. 33` shall meet within five days after an election and When Board of 3 Y Trustees inust canvass the returns and declare the result, and meet and canvass returns and declare when two or more persons for any office have result, an,equal and highest number of votes, the Board of Trustees shall decide the election by a plural- ity vote of their own Board. Should any of the officers elected fail to qualify and give the bond When officers required, for the period of six days after their elected failtognal- ify must declare election, the office shall be declared vacant, and vacant. shall be filled as provided by Ordinance for the filling of other vacancies. SEC. 9. The Board of Election, or officers act- oBoaudms must n all in as such Board shall make out and sign all returns and depos- it with City Clerk. returns of city elections as required by law in general elections, and shall deposit the same with the City Clerk. , ARTICLE-IL—DUTIES OF MARSHAL. SECTION 10. "rhe City Marshal shall fix the Duties of Mar - beats of policemen and assign to each his term 'hal, of service thereon; he shall keep a register of arrests, and shall enter, or cause to be entered therein, the name of every person arrested, the offense for which be was arrested, the name of the complainant and witnesses, and their places of residence; and when property has been stolen, stolen Keeproperty. reister of shall enter thereon a description of the stolen property, and the name of the owner thereof, and when a person or property has been injured, he must record the name of the person inured or`a description of the property injured, and he file or cause to be filed, a copy of such entries, in the Recorder's Court, every judicial day, at such hour as the Recorder may fix. He shall keep .a correct record of the number of arrests made by each policeman and the convictions- or acquittals thereon, and report the same quarterly to the 34 DUTIES OF OFFICERS, Board of Trustees ; he shall also, in a book to be kept for such purpose, enter a description of all Must keep rec- eommo into his possession officially ord of property property r, c°ming into his (whether stolen or otherwise), stating from whom hands. it was received, and the disposition made thereof. He shall have control over the Police Depart- ment of the city, and shall conform to, and cause Shall control po- lice department the policemen to obey the requirements of the rules and regulations prescribed by the Ordi- nances now in force, or that may hereafter be passed by the Board of Trustees ; he shall be ac- countable for the efficiency, official conduct and Shall e account -policemen mood order of all the subordinates of the Depart- ment; he shall in all things obey and see that every officer obeys all rules and regulations for the government of the Department, and he shall Must obey and cause to be obeyed communicate to the Board of Trustees all com- all rules plaints made against any officer. It shall be his duty to prosecute before the Recorder all breaches or violations of, or non-compliance with any Or - Must prosecute dinance which shall come to his knowledge. He 12anc violations d takorde shall have charge of the city prison and prisoners, vances and take charge of chain gang and of any chain -gang which may be established by the Board of Trustees. nx-officio license and tax collector SEC. I I. He is ex -officio Lict nse and Tax Collector, and it shall be his duty to collect all licenses and taxes required by any Ordinance to be collected by him, and shall give his receipt to the Clerk for all 'tax lists received by him, and shall take the Clerk's receipt for any delinquent tax list he may deposit with him. He must give notice whenever required of him so to do by law or by any Ordinance of said city, or by 'any rule or order of the Board of Trustees and in the manner prescribed by law, ordinance, rule or Must do bidding. order.; and must do and perform such other and of Board of Trus-. additional duties required bylaw, or any ordi- tees DUTIES OF OFFICERS. 35 nance now in force or which may hereafter be passed by the Board of "Trustees, SEC. 12. He shall receive for services of any what fees to re- ceive and pay into process, the same fees as are now allowed by law City Treasury to constables,' provided that no such fees shall ever become a charge against the city nor be paid Out of the City Treasury ; but the salary of the Marshal and ex -officio "rax and License Col- lector as now fixed by ordinance shall be full com- pensation for all services rendered by him for the city, unless otherwise specially provided for, and all fees collected by him shall be paid into the Treasury for the use, and benefit of the city. (See Ordinance No. 63). ARTICLE III.—DU'T'IES OF TREASURER. SEC. 13. It shall be the duty of the Treasurer Duties of Treas- urer to receive and safely keep all moneys which shall come into his hands, as Treasurer, for all of which he shall give duplicate receipts, one of which shall be filed with the Clerk; he shall not pay out any money, except on warrants signed by the President of the Board of Trustees and countersigned by the Cleric ; he shall make quar- terly settlements with the Clerk, and shall quar- terly file with the Clerl,:- a .statement of his ac- count, and do and perform such other and addi- Treasurer must tional duties as are required of him by law or by make quarterly any ordinance of the city now in force, or that settlements may hereafter be passed by the Board of Trus- tees. (See Ordinance No. 63). ARTICLE IV.—DUTIES OF CLERK. SEC. I4- It shall be the 'duty of the City Clerk, to attend all meetings of the Board.'of Trustees and keep a full and true "record of all .i 36 DITT1ES or OFFICrxs. Clerk of city the proceedings of the said Board, and of the Board of Equalization; he shall keep an account with the Marshal and City Attorney, and shall keep the city accounts in it book kept for the purpose ; he shall keep a full account of the transactions of the city with the Treasurer; he shall keep a license account in which he shall en- ter all licenses issued by him, the date thereof, to whom issued, for what, the time when it expires and the amount paid ; he shall copy all ordi- nances passed by the Board of `trustees, into it book kept for the purpos-_% and shall certify to said copy, stating that the foregoing ordinance is it true and correct copy of an ordinance of the city, and giving the number and title of said or- dinance, and stating that the same has been pub- lished or posted according to law. city clerk I�X . 1 officio City Asses- 5• SFCHe is ex -officio City Assessor, and sor shall discharge the duties of Assessor is pre- scribed in Section 877 of aii Act of' the I.e;isla- ture of the State of California entitled "An Act to provide for the organization, incorporation and government of municipal corporations," ap- proved March 13th, 1883, except as may be otherwise provided for by ordinance ; and he shall do and perform such other and additional duties as are required by law or any ordinance now in force, or that mai.: hereafter be passed by the Board of Trustees. (See Ordinance No. 63). ARTICLE V.—DUTIES of CITE' ATTORNEY. ADutiey es of city SEC. 16. The City Attorney shall advise the city authorities, and officers, in all legal matters pertaining to the business of the city ; he shall bring suit for the city, and in the name of the city, in the proper court, for the collection oigaro tax whenever ordered so to do by the Board of DUTIES OF OFFICERS. 37 Trustees ; he shall receive the delinquent list and shall bring so it receipt therefor.; he .shall .receive for collecting and collect taxes taxes, such per cent on the amount collected as may hereafter be provided by ordinance, which said per cent shall be collected of the delinquent tax payer, and he shall do and perform such other and additional duties as are required by law or Shall do all else`r.. - any ordinance now in force, or that may hereafter 'dered by the Borg:', be passed by the Board of Trustees. ARTICLE VI.—DUTIES OF POLICEMEN. SEC. 17. It shall be the duty Of each Police- Duties of Poli,., man to be present at roll call in the City Hall, men at such times as the Marshal may direct the call- ing thereof, and to obey all lawful orders of. the Marshal; to prevent the commission of any breach -of the peace, or other public' offense to suppress riots, and disorderly assemblages to ar- rest and take to the city jail, or before the Re- corder, and every person found violating an ordi- nance of the city, or committing' any public of- fense, and to report such arrest to the _Marshal with such particulars as may be necessary to en- able him to make the entries, required to be made by Section Io, Article II, of this ordinance. SEC. 18. Each policeman, when on duty, or Shall wear star whenever it is necessary that his official position be known, shall wear and expose on his left breast, outside of his coat or outer garmen�,a five pointed star, not less than three inc es in diameter, having thereon the words Police Officer No.—" the number to be such"as may be assigned him by the Marshal. The Marshal Marshal sha". shall wear a shield with the words "City Marshal" wearshield inscribed thereon. ' Such stars shall be procured ' % e Board of Trustees, and shall'be allotted to �1't,f?.:.�rS �-•-1 L1 ._ 1\§R%iS.2 sl ,1-.. ,, Shall 38 DUTI$s of OFFICERS. keep a record of the number assigned to each policeman, regular or special. Misdemeanor in SEC. 19. It shall be a misdemeanor in office Marshal .and p- for the City Marshal, or any policeman, to loan licemen to loan oeblem, la: rineg ectduty rds his emblem of office, or during the time he is required to be on duty, to play any game of chance or skill, or to fail, neglect, or refuse to report any arrest made by him, as hereinbefore directed, or to release any person after such person has been arrested, unless such person has first been admitted to and has given bail, or un- less such person has been ordered discharged b}, a competent court or magistrate. Shan be fined SEC. 2o. Any officer or member of the Police and dismissed from office for mis- Department who shall be guilty of a misdemeanor demeanor in office, shall upon conviction thereof, be fined in a sum not less than ten nor more than three hundred dollars, and shall be discharged from office.- Board of Trus- tees may appoint SEC. 2 1. The Board of Trustees may appoint Private policemen private police, upon, the application of any citizen, to guard and protect private property, and such private policemen shall have full power and authority to act as policemen, subject to the pro- visions of this Article, fiYovided, that they shall receive no pay from the city for such services. Marshal may sus- pend policemen SEC.. 22. The Marshal may at any time sus- andreport toBoard pend from duty any policeman who shall neglect or refuse to perform any official duty required of, or -imposed on him, and report such suspension and the cause thereof, at the next meeting of the Board\of Trustees, who shall, at their discretion, limit th,e period of such suspension, reinstate the officer, or remove him from office. Guilty ofr isde- SEC. �3 Any person who shall falsely repre- meanor in erson- Iatingoflicer sent himself as a peace officer of this city, or DUTIES ,OF OFRICE�RS. '39 who shall arrest or attempt to make an arrest un- der such representation, shall, upon conviction thereof, be punished by a fine of not less than twenty dollars, or not more than three hundred - dollars, and may be imprisoned -for 'a term not exceedinj ninety days for each offense: SFC. 24 No police officer- shall absent him No policemat, shall absent him- self from the city during the time assigned him self from city with. for duty, without the permission of the Board' of out permission "Trustees, and until a substitute shall have been temporarily appointed. SEC. 25. No police officer, _ while on. duty, policemen while shall visit an drinkin -hose, house of ill -fame on duty shall not y g uvisit places of ball, circus, theatre, or any'other place of amuse_ amusement ment, except in 'the' discharge of their official duties. SEC. 26. Neglect or refusal of any public Neglect or failure officer to report for daily duty, or to comply with to report for duty for one day cause the duties imposed upon or required, of him by of suspension or the. provisions of this Ordinance, or unprofession- removal a] or immoral conduct on the part of any police officer, either or. or off duty, shall be punished by suspension or removal from office, in the discre- tion of the Board of Trustees. Complaints against such officers shall be filed with the Presi- dent of the Board of Trustees, who shall present! the same at the next subsequent meeting of the Board of Trustees, for determination. SEC. 27. The police officers shall, whn on Police officers duty, do everything in their power for fro- pro- must protect' per- sons and property, tection . of persons and property, and shall do and etc perform such other additional duties as are re- quired by any -ordinance, of said. city now in force, or that may hereafter be passed by the Board of Trustees. I 40 1 DUTIES OF OFFICERS. ARTICLE VII. DUTIES OF SUPERINTENDENT OF STREETS. Duties of Super- intendentofstreets SEC. 28. The City Superintendent of Streets shall have the charge and supervision, under the direction of the President . and the Board of Trustees, and the Committee on Streets, Lands and Squares, of all streets, public buildings, hi;h- ways, sewers, bridges, sidewalks, squares, lots andgrounds, and it shall -1 be his duty to protect the same against all intrusion, trespass and injury, and to. make all necessary repairs thereon not otherwise provided for by law or by order of the Board of Trustees. . SEC. 29. Whenever in the performance of any of the duties mentioned in Section 28 of this Ordinance, the said Superintendent shall be able to employ prison laborers in a manner Shall make re- p shal rofitable to the city, he shall make a requisition quisition on Mar. upon the Marshal of said city,. and the Marshal, thereupon, shall furnish as many such prison la- borers as in the judgment of the Superintendent may be so employed or as many as may be at the command of the Marshal. Must post notices SEC-� 30. It shall be the duty, of.the City Su- perintendent of Streets, to post � and publish all resolutions, notices and other proceedings required Keep record f of him by ordinance -or by law, to keep a record au contracts of all contracts entered into by him for the con- struction or improvement of any sewer, street, alley, sidewalk, culvert, man -hole, or other city Keep record of work,`and his action thereon, and shall keep a accepted streets registC�` in his office of all accepted streets, the same td be indexed so that reference may be Must make esti-. easily had thereto ; to make fair and just estimates mates on property of the benefits upon the lands, prices- of lands, lots and portions of lots, in any assessment dis- DUTI14S OF OFFICIMS. 41 trict to be assessed for the purpose of improving the streets, sidewalks, culverts, sewers, or other work, which the public convenience may require, costal) assess rove- of imp the shall assess according to law, the costs and went of property, expenses of the proposed improvement against said lands in said assessment district, and shall collect said assessment as required by law and\ the ordinances of said city. SEC. 31. He shall collect from every male inhabitant of said city, between the ages of Collect poll tax. twenty-one and sixty years, an annual street poll tax of one dollar, and pay the same into the City Treasury. SEC. 32. He shall render a monthly statement Must render to the Board of Trustees of all his transactions - monthly statement to Board. as such Superintendent, and of all moneys re- ceived by him and the disposition of the same, and if any laboters have been employed to assist him, the nature of the work and the amount per- formed by such assistants. SEC- 33. He shall keep a record of all notices Keep record of served, required by law to be served by him or notices served. any other person under his direction, by whom served, when said service was made, and if served by any other person than himself, proof of ser- vice of the same by the affidavit of the person making such service. SEC. 34. He shall have charge and control of shallhavecharge of horse and cart: any horse and cart belonging to the city, and shall use proper care and diligence in the care of the same, and shall not use or allow said horse or cart to be used by any other person or persons for any purpose, other than for I the benefit and use of the city. SEC. 3J. He is authorized, and it is hereby barFees to be ged 42 DUTInS OF OFFICF,RS. made his duty, to charge the following fees: For serving each notice required by law, or by order of the Board of Trustees, ten cents; for every day's work while superintending the construction of sewers, or construction or repair of any street, sidewalk, or crosswalk, to be included in the assessment against the property benefited by such improvement as incidental expenses, one against said fees when collected to be paid into charged No lees to in Treasury. y the City TreNo fees allowed by this the city_ section shall ever become a charge against the city, nor be paid out of the City Treasury; but the salary of the Superintendent of Streets as now fixed by ordinance, shall be full payment for all services rendered by him for the city. tie streqdo all du- SEC. 36. He shall do and perform such other and additional duties as are required of him by law or by ony ordinance now in force, or that may hereafter be passed by the Board of Trus- tees. Preserve all recSEc. Treserve in his office all his ords and maps etc.. 39• o p , official records, and all maps, diagrams, plats and surveys of the city measurements done under contracts for regrading and macadamizing streets, ARTICLE VIII.—DUTIES OF CITY ENGINEER. Duties or city Engineer. SEC- 37, It shall be the cluty of the City Engineer to make all surveys, maps, plans, es- timates, diagrams and reports ordered by the Board of Trustees, as required by law. Must keep rec- SEC. 38. To keep a record in a book, fur- deverOrd of os and es- nished for that purpose by the city, minutes and sor. - field notes of all surveys, bounds and marks set for metes, and all other work done by him, officially, within the city limits, and deliver the same to his successor in office. Preserve all recSEc. Treserve in his office all his ords and maps etc.. 39• o p , official records, and all maps, diagrams, plats and surveys of the city measurements done under contracts for regrading and macadamizing streets, nurrV;s of O F CURS. 43 and his estimate of costs and expenses thereof; and shall, when required, give a certificate of such records signed by him in his official character,.Give certificate f records when and do and perform such other and additional required. duties as are required of him by law or any* ordi- nance now in force, or that may hereafter be pass- ed by the Board of Trustees. SEC, 40. All ordinances and parts of ordi- nances in conflict with this ordinance, are hereby Repealing act. repealed. SEC. 41. This ordinance shall take e ect and Go in effect when. be in force from and after its passageand ap- proval. (Approved May 24th, 1884.) �Vk ORDINANCE NO. 63. Relating to the Duties of Officers. The Board of Trustees of _ the City of San Luis Obispo does ordain as follows: SECTION 1. In addition to the duties of the City Clerk and ex -officio Assessor, and of the City Marshal and ex -officio License and Tax Collector, and of the City Treasurer, now pre- scribed by law and ordinances, said officers shall perform' the following duties: city Clerk keep y Licence Requisit- SEC. 2. The Cit Clerk shall provide and ion bookkeep in his office a "License Requisition" book. All requisitions for licenses shall be entered by the Collector in such book. The form shall be: On ............. the Collector requested of and y/ received from the City Glerk licenses as follows:" (giving name of licensee, business and amount). The Collector shall sign the requisition when he receives the licenses; and no license shall be de- livered by the Clerk to him without such requisi- tion and receipt. Cy Clerk videLicense sub SFC. 3. The City Clerk shall provide a book. "License Stub Book"., All licenses for each year shall be numbered consecutively, commencing with No I. A stub shall be retained by the Clerk for each license delivered by him to the Collector. As to each license, its stub shall show its number, date, quarter ending, licensee, busi- ness, amount. When a license is ordered can- celled by the City Council, the Clerk shall write across the face of its stub : "Cancelled", giving All stubs shall be date of order. All stubs shall be kept in the kept. City Clerk's office until the City Council shall order their destruction. DUTIES OF OFFICERS. 45 SEC- q.. The License Collector shall on the License Collector third Monday of the first month of each quarter file a report. make and file with the Clerk, for the City Coun- ✓ cil, a report stating what, if any, licenses remain uncollected, and the reasons therefor. SEC.. Whenever the Tax Collector dlscoV- Tax Collector error or double ers an error or double assessment on the assess- assessment ment roll, he shall note such error or double as- Note such error sessment on the roll, on the margin of the as- on the margin, sessment, make a list thereof at the end of the roll and report the matter to the City Council. No credit until These entries shall be made in ink. No credit an order shall be given by the City Clerk or Treasurer to the Collector for errors or double assessments until an order, specifying the amount, is made and entered on the minutes of the City Council. SEC. 6. 'On Monday of each week (oftener, if, Monday of each week Tax and he desires) the Tax and License Collector shall License Collector shall pay to the I ay to the City Treasurer all tax and license City Treasurer money collected by him. Any tax or.license money which the Collector marks on the City's % books, or reports, as paid, shall be deemed paid to the Collector, and shall be by him paid over to the Treasurer as above provided. With re- salesto the City Bard to sales to the City for delinquent taxes, the taxes delinquent Collector shall -deliver the certificates, of sales to the* City Treasurer, take his receipt therefor, showing the name of the person whose property was sold, and the amount for which the Collector is entitled to credit. The Collector shall deliver such receipt to the City Clerk, who shall place the same on file in his office, and thereupon credit the Collector with the amount shown by the receipt. all SEC. 7. The City Clerk shall provide and o ae aebooken- keep a book, to be endorsed `'Claims", in which horsed "Claims" he shall enter all claims against the City in the 46 DUTIES OF OFFICERS. order in which filed; which book shall have separate columns- headed thus: "Claimant", "Fund", "Amount Claimed", "Amount Allowed", "When Allowed or Rejected". At each meeting At each meeting of the of the City Trustees City Trustees such book shall be produced such book shall be produced and the claims -allowed at such meeting, together with the date, shall then and there be entered thereon by the Clerk. Before drawing any war- rant for a claim allowed by the "Trustees, the Clerk make for Treasurer a list Clerk shall make for and furnish to the City "Treasurer a list of allowed claims, taken from said book, giving the claimant, fund, amount claimed, amount allowed and when allowed. First and third SEC. 8. On the first and third Mondays of Mondaysof each month Treasurer each month the City Treasurer shall make for make statement the City Council and file with the City Clerk, a statement of the amount of money in each fund on such day over allowed claims or fixed liabilities payable out of such fund. Ordinances SEC. 9. All ordinances and parts of ordi- conflict repealedin nances in conflict with this ordinance are hereby repealed in so far as .they conflict. This ordinance SEC. Io. This ordinance shall be published take effect for two days in the San Luis Obispo Tribune, a daily newspaper printed, published and circulated in said City, and shall take effect and be in force from and after such publication. (Approved September 18th, 1893• ORDINANCE NO. 7. Relating to the Board of Trustees. The Board of Trustees of the City of San Luis Obispo do ordain as follows: SECTION I. The stated meetings of the Board Meeting of Trus - of Trustees of the City of San Luis Obispo shall tees When held be held at the City Hall, on the first and third Monday of each month, at. the hour of. 7.30 P. in. SEC. 2. It shall be the duty of each member Members of Board of the Board to attend all the meetings of the igpustattenameet Board; and the Board may punish its members by a majority vote for non-attendance at any meeting, by a fine not exceeding $5, unless a rea- sonable excuse be given for such non-attendance. SEC. 3. Any member of the Board, or other Punishment for person, who shall be guilty of disorderly behavior dlosoraerly beha- at any meeting of the Board shall upon a majority vote in favor thereof, be fined not exceeding $to for each offense. Fines paid into SEC. 4. All fines collected under the provls- general fund ions of this Ordinance shall be paid into the City Treasury, to the credit of the general fund. SEC. 5. All ordinances or parts of ordinances Repealing clause in conflict with this ordinance are hereby repealed. SEc. 6. This ordinance shall take effect' from effWten shall take - and after its passage and approval. (Approved Mav 5th, 1884). ORDINANCE NO. 19. Relating to City Hall, Public Records and Offices of Certain City Officers. The Board of Trustees of the City of San Luis Obispo, do ord iin as follows: Apartments known as City Hall SECTION i. The apartments provided b, the Board of Trustees of the City of San Luis Obispo for their meetings shall be known as the City "Hall. Recorders Court where held, SEC. 2. The Recorder's Court shall be held at the City Hall. Recorder, City3• ecorerr, SEy Marshal and City C. The RdCit Marshal and ex- Clerk have at City Hall °CeS officio Tax Collector, and City Clerk and ex - officio Assessor shall all and each of them have their and each of their offices at the City Hall and all the records, papers, maps and documents Records to be belono-ino- to the City of San Luis Obispo and kept at City Hall Z-1 T pertaining to such offices shall also be kept there- in except such as are required by law or shall be directed by competent authority to be otherwise disposed of and the Board of Trustees of the City of San Luis Obispo may at any time prepare other be t ruay offices in the Cit Hall and order all the other be ordered to City y Hall officers of the City of San Luis Obispo to have and take offices therein. Records notbe SEC, allowed to leave 4.. No City Officer shall allow any office record, document or map required to be kept in his office to be taken therefrom unless by order of the Board of Trustees or committee thereof, but shall upon payment of the legal fees therefor give a certified copy thereof to any person re- quiring .the same. Repealing clause SEc. 5. All ordinances and parts of ordinances in conflict with this ordinance are hereby re- pealed. When ordinance SEC. 6. This ordinance shall take effect and to take effect be in force from and after its passage and ap proval. (Approved September 21, 1885). ORDINANCE NO. 81. Relating to Salaries. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: SECTION I. There shall be allowed and paid City officers sala- to the several city officers, salaries as follows: ries The Cit Marshal, for discharging the duties city Marshal one Y hundred dollars of Marshal and Tax and License Collector, one hundred dollars per month. The City Clerk, for discharging the duties of aoCliarsClerk sixty Clerk and Assessor, sixty dollars per month. The Treasurer shall receive for his compensa Treasurer one per cent on all tion, one per cent on all moneys received and moneys received and paid paid by him as such treasurer, The Cit Attorney shall receive forty-one and city attorney City y y forty-one dollars sixty-six and two-thirds cents per month. and sixty-six and Y two-thirds cents Each policeman, sixty dollars per months, pay-, Each policeman able at that rate for time actually employed sixty dollars The City Recorder shall receive for his ser- �L'6"''Ao ktWj-, vices thirty-five dollars per month, which said city Recorder thirty-five dollars sum shall be in full compensation for all services performed by said Recorder. The City Engineer shall receive as compensa-- city );ngineer tion for his services for each and every day's each day employed six dollars work when employed by the city to perform any work by the day, the sum of six dollars per day; Assistants two and for all necessary assistants actually employed dollars per day by him while working by the day, two dollars each, per day. The Superintendent of Streets, for discharging superintendent the duties of Superintendent of Streets, the of Streets seventy- five dollars 50 SALARY ORDINANCE. duties of Pound Keeper, and the dischar;e of such police duties as the Board in their discretion shall impose upon him as policeman ; the sum of seventy-five dollars per month which said sum shall be in full conipens>.tion for all services per- formed by him in all capacities, and for the dis- charge of all duties imposed upon him by the Board. ' gne Engineer ev fire The Engineer of the fire engine, for discharg- engine seventy d°"ars ing the duties of steward of the fire department, the duties of janitor of the city hall, and engineer for the fire engine, and for the discharge of such police duties as the Board in their discretion shall impose on him as policeman ; shall receive the sum of seventy dollars, which said sum shall be in full compensation for all services performed by him in all of said capacities, and for the discharge of all duties imposed upon him by the Board. Chief engineer of fire department The Chief Encrb ineer of the Fire Department twenty-five dollars shall receive as compensation for his services, twenty-five dollars per month. Salary paid on last month ay of each SECTION 2. The salary of all officers shall be paid on the last day of each month, and the pres ident of the Board of Trustees, and City Clerk shall, on the last day -of each month draw a war- rant on the o-eneral fund in fat -or of each officer mentioned In this ordinance for the amount of salary due him. Ordinances in 3. SFC. All ordinances and parts of ordi- nances in conflict with this ordinance are hereby repealed; Ordinance take SEC. q. This ordinance shall take effect front effect from a�p al and publicrov- and after irs passage and approval, and publica- ation tion three times in a daily newspaper of this city, that said publication shall be made in the San Luis Obispo Breeze, a newspaper printed and published in said city. (Approved May 25th, 1896) ORDINANCE NO. 26 . Relating to the Way and Time -all Bilis Must be Pre- sented and Salaries Drawn Against the City of San Luis Obispo. The Board of Trustees of the City of San Luis Obispo do ordain as follows: SECTION I. All bills against the City of San Luis Obispo owned or held by any one whatever shall be presented to and filed with the Clerk of The Way and timebills must be said City duly verified within one year from . the presented date it accrued and if riot so presented and filed, a shall not be allowed by the Board of Trustees of said City, and a failure to so present and file any bill against said City, will be and it is hereby made a bar to the right to ever thereafter recover the same. SEC. 2. All salaries or parts of salaries due and owing to any of the officials of the City of San Luis Obispo, must be drawn monthly if there is monev in the treasury to pay the same, and if not so drawn and is allowed to remain un Time dna Way salaries shall be drawn for the period of one year from and after drawn any one month the same should be drawn it is hereby made a bar to the right to ever thereafter draw or recover the same. SFC. 3. All ordinances and parts of ordi Repealing clause nances in conflict with this ordinance are hereby repealed. SF.C. 4.. This ordinance shall take effect and be in force from and after its passage and ap- proval. (Approved April 19, 1887). ORDINANCE NO. 10. To Provide a System for Assessment, Levying and Col. lection of City Taxes, for the City of San Luis Obispo. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: Must assess be- SECTION I. The Cit Assessor of the City of tween May and y y August San Luis Obispo must .between the first Mondav in May and the first Monday in August of each year, ascertain the names of all taxable inhabi- tants and all property within the city subject to taxation and must assess to its full cash value all such property to the persons who own, claim, or have the possession or control thereof in the manner hereinafter provided. Must complete SEC. 2. On or before the first Monday of and certify and L J deliver assessment AU-LiSt In each ear the Assessor must make out roll to Board before � J Afirst ugust Monday of a correct list of all the taxable property within the city limits, with the valuation. in a book to be provided for that purpose, which shall be known as the Assessmeni: Roll of said city, and shall cer- tify to such list and roll, and deliver the same to the Board of Trustees. Manner andform SEC. 3. The manner; form and time of assess - of assessing and collecting taxes Ing, levying and collecting- City taxes shall be the same as was prescribed by the Political Code of the State of California, prior to amendments of 1891, for assessing, levying and collecting State and county taxes, and all the provisions of Title IX of Part III of said Code as it stood prior to said amendments are hereby adopted and or- dained to be and are the law for assessing, levy- ing and collecting city taxes as to manner, mode and time, pi ovided, that for such purposes when- ever in said Title is used: TO LEVY, ASSESS AND COLLUCT TAXES. 53 First: The words "County or State" shall be deemed to be preceded by the words "City of San Luis Obispo of." Second: The words "Board of Supervisors" shall read, be read, and be, ""the Board of Trus- tees of the. City of San Luis Obispo." This -d: The words "People of the State" shall read, be read, and be, "City of San Luis Obispo." Fourth' . The word `.`Treasurer" should read," be read, and be, "City Treasurer". Fifth: The words "Assessor" shall read, be read, and be, "City Assessor." Sixth: The words "County Surveyor" shall read, be read, and be, "City Surveyor." Seventh: The words "Tax Collector" shall read, be read, and be, "City Tax Collector". Eighth: The words "Clerk of the Board of Supervisors" shall read, be read, and be, "City Clerk." Ninth: The words "County Auditor" shall read, be read, and be, "City Clerk." Tenth: The words "School Fund" shall read, be read, and be, "City Treasury." Eleventh: The words "District Attorney" shall read, be read, and be "City Attorney." And provided further that Article II of Chap- ter IV and Chapters IX and X of said Part III and sections 3637, 3713, 3715, 3719, 3758, 3763, 3893, 3894 and 3895 of said Code and also the provisions of said Code relating to the State Board of Equalization and State Controller shall ct �v�""I I I 54 TO LEVY, ASSESS AND COLLECT TAXES. not be applicable to assessmentj levy, collection or disbursement of city taxes. May extend time SEC. 4. The Board of Trustees of the Citv of for assessing andSan Luis Obispo may by an order rendered on collecting taxes their minutes extend the time for doing any act required to be done in assessing or collecting city taxes. Need not make SEC. 5. It shall not be necessary to make out out duplicate roll a duplicate assessment roll, but the original as- sessment roll may and shall be used for all pur- poses for which a duplicate or assessment roll of said city is required. This ordinance shall take effect immediately. (Approved May 26, 1884). ORDINANCE NO. 74. Relating to; Licensing Business in the City of San Luis Obispo. The Board of Trustees of the City of San Luis Obispo do ordain as follows: SECTION I. The City Clerk must prepare and The city clerk have printed licenses of all classes mentioned in prepare licenses this ordinance, for the term of three months, and , for such shorter terms as are herein authorized, to be issued, with a blank receipt attached for the signature of the tax collector, when issued. SEC 2. The City Clerk shall number and Number and de- liver licenses to sign all licenses, and from time to . time deliver tax collector tak- ing receipts there - them to the City Tax Collector, in such quantity for as may be required, taking his receipt therefor, and charge him therewith, giving in the entry on the stub of the license book the numbers, classes and amounts thereof. SEC. 3. The City Clerk must keep an account Beep an account with tax collector with the Tax Collector for all licenses delivered to him, sold, or returned unsold by him ; a cor- rect statement of the Collector's license account must be certified to the Board of Trustees each f/ month by the City Clerk. But the City Clerk shall not give the Tax Collector credit for, -norDo not give cred- it for unsold licen- shall the Tax Collector be entitled to, or have seswithout first cancellation credit for any unsold license, without first pro- curing the cancellation thereof, by and through the Board of Trustees. SEC. 4. A city license must be procured lm- Licenses must be mediately before the commencement of any Prtheocured before commence - business or occupation liable to a license tax un- rnentofbusiness der the provisions of this ordinance from the City Tax Collector, which license shall authorize 56 LIC1NSV ORDINANCrs. the party obtaining the same to transact the busi. ness described in such license ; separate licenses must be obtained for each branch, kind, estab. lishment, or separate house of business within the city limits. Snit brought SEc. 5. That suit may be brought against against person or any person, firm, association or corporation who firm who neglected ` to take a license has heretofore failed, neglected or refused, or who shall hereafter fail, refuse or neglect to take out a.license, or who heretofore carried on any business or calling without paying. the license tux required, or who hereafter carries on any busi- ness or calling without a license., when the same is, or has been required by ordinance, for the recovery of any unpaid license tax. Said suit Suit brought in the may be brought in the name of the City of San name of the city Luis Obispo, and all license taxes due and unpaid Deemed a dept shall be deemed a debt for all purposes of suit; and in such suit for the recovery of license taxes hereafter coming due, ten dollars additional to Attorney fees said license tax shall be recovered as attorney's fees for the collection of said tax.. City tax collector 'SEC. 6. The CityTax Collector must make must make dilig- diligent inquiry as to all persons in the city liable ent inquiry b - q to pay license as provided in this ordinance and the amount of license tax each person or corpor- tion is liable to pay; and in all cases where the amount of the license tax is, determined by the amount ' of the average monthly sales or the average amount of business trans- acted by such person or corporation by the month, before delivering a license to such person or corporation, it shall be the duty of said city Person state un- Tax Collector to require such person or corpora - der oath the prob- able amount of tion to state under oath the probable amount of business business which . he or the firm of which he is a member or for which he is agent or attorney, or the LICENSU ORDINANCE. 57 association or corporation of which he is presi- ident, secretary or managing agent, will do in the next succeeding three months; and thereupon such person; agent, president, secretary, or other officer, must procure a license from the.Tax Col- License for class lector for the term desired, and the class for which such party is liable to pay; and in all cases where an under -estimate has been made by the party applying, the party. making such under-esti- inate or the company he represented, shall be re- quired to pay a license for the next quarter in oaths filed With double the sum otherwise required. All oaths city clerk herein required must be in writing and delivered to said City Tax Collector and by him filed with the City Clerk on or before the third Monday of the first month of each quarter. When the City Tax Collector, by information or otherwise, shall have reason to believe that an under -estimate has been made by any person, firm or corporation liable to pay a license; he shall require of such person, firm or corporation liable to pay alicense; a statement, under oath; in writing, of the amount Statement of the amoof business done b such ersori firm or cor ora= done ofbusinessy p p done preceeding tion, for the preceding quarter; also, of any fact quarter and all facts necessary or convenient to deter- mine the rate of license to be paid by him or them. From such statements, and from the best From such state- ments collector fia information he can obtain, the Tax Collector rate of license must fix and determine the rate of license to be paid by the applicant, such statements to be made in such form as may be prescribed by the Board of "Trustees. (Ord. 'No. 84). Trial defendant SEC. 7. Upon the trial of -any action author- is deemed not to haveprocuredthe ized in this ordinance, the defendant .is ,deemed proper license not to have procured the proper license, unless he either .produces" it or can, prove,that he did procure it ; but he may plead in bar, of the. action 58 LICENSE ORDINANCE. a recovery against him and the payment by him in a civil action,. of the proper license tax, to- gether with damages and costs. All license pay- SEC. S. All license taxes shall be payable and able - at collector's office in the city paid at the City Tax Collector's office in the City hall Hall, and when any license tax is not paid at the City Tax Collector's office prior to . the opening or commencement of the business for which it is imposed, the City Tax Collector shall proceed at once to collect the same, or as soon thereafter as he has knowledge or information, of any business being commenced or opened prior to taking out a license for the business opened or commenced, as required by this ordinance, and if the City tom llollllYctor fails Tax Collector fails, refuses or neglects to so col- lect, or commence to collect the same in the man- ner provided by this ordinance for the period of five days after he has "information or knowledge of the business being, commenced or opened without taking out a license, as provided by this ordinance, he shall become and is hereby made Personably re- personally responsible and he shall pay the City _ sponsible of San Luis Obispo, all license taxes uncollected by reason of his failure; refusal or neglect to col- lect, or in good faith commence to collect the same within the time and in the manner afore- said. Term of three SEC. q. All licenses shall be issued for a term months of three months, unless otherwise provided for and specified in this article. City marshal to SEC. ' Io. It shall be the dutyof the city mar - arrest every person shal to arrest, or cause to 'be arrested, every per- son, who, without first procuring a city license therefor does any act for which a license is re- quired by this ordinance, and' bring such person before the Recorder's Court for trial: LICENSE ORDINANCE. 59 SEC. 1 r. Every person, company orcorpora- tion, who shall carry on or engage in any busi- ness or having- in his or their charge or under Every person b neglects to make his or their control, an business for which a 11- statement be fined Y fifteen dollars and cense tax is imposed in this ordinance, without three dollars hundred first having paid such license.tax, or who refuses or neglects to make any affidavit or statement under oath or otherwise, required to be made by him by the provisions of this ordinance shall, upon conviction thereof, be fined not less than fifteen dollars, nor more than three hundred dollars for each offense, and may be imprisoned until such fine be paid, not exceeding ninety days. The city attorney shall receive a fee of - ten ($to) City attorney fees dollars for each conviction under this section, to be paid out of the fine collected. SEC. 12. Every licensed vehicle shall be num Every licensed bered by the Tax Collector, at the expense of the vehicle numbered owner, and such number shall be placed and kept in a conspicuous place upon such vehicle, whether used for carrying passengers or freight for hire. A violation of the provision of this Section shall subject the owner -of such vehicle to a fine of r.ot less than five ($) dollars nor. more Collector keep a than one hundred and fifty dollars for each record of vehicles offense. The tax collector shall keep a record of all such vehicles. SLC. 13. The quarters for collecting license taxes shall be and commence on the first day of January, the first day of April, .the first.day of leQ iter liter July, and the first day of October of each and shall commence first day January every year, and all quarterly licenses shall be April, July and issued, that the second license issued to the same person, company or corporation, shall. fall due and be payable on the first -day of one of the quarters hereinbefore mentioned, next ensuing the time of issuance of the first _license and must 6o I,ICFNSIT ORDINANCF,. thereafter be issued and collected regularly on the first day of each and every quarter thereafter so long as necessary as in this ordinance pro- vided. And where a Iicense is issued for a less period than a whole quarter it shall be paid or collected as follows: When issued in the first month of any quarter the full quarterly license shall be paid or collected. When issued in the second month of any Broken quarters quarter two-thirds of the quarterly license shall be paid or collected. When issued in the third month of any quarter one-third of the quarterly license shall be paid or collected. SEC. 14. A license must be procured from the License must be procured for carry -City Cit Tax Collector at the time and in the manner "" inesosn ""y and way hereinbefore provided, and a license tax must be paid therefor for engaging in carrying on or pursuing every business or occupation mentioned hereinafter in this ordinance, within the corporate limits of the City of San Luis Obispo, as follows: Auctioneer Sub. I. Every auctioneer must pay a license tax of two dollars per quarter. Selling was at auction Sub. z. Every person, company or , corpora- tion conducting the business of selling goods, wares and merchandise at auction at a fixed place of business or not, that is not herein otherwise provided for, shall pay a license of five dollars per day where the license is demanded for any shorter period than one quarter, and thirty dollars per quarter when a license for a quarter is de- manded. Business ofbank- - Ing Sub. 3. Every person, company or corpora- tion engaged in the business of banking, loaning LICENSE ORDINANCR. 61 money at interest, or in buying, selling or dis- counting notes, bonds or _other evidences- of in- debtedness of private persons, State, County, or Citv indebtedness or stocks, bonds,. notes or other evidences of indebtedness of incorporated companies, and brokers, must pay a license" icense tax per quarter, of forty cents on each and every thousand dollars or fractional part thereof of capital in said business had, used,- employed or invested. Sub. 4. Every person, company or, corpora- tion who, at a fixed place of business, sells or Real estate offers for sale, any real estate belonging to said person, company or corporation, shall pay a license of three dollars per quarter. Sub. 5. Real estate agents selling real estate Real estate .on on commission, must pay a license tax of two commission dollars per quarter. Sub. 6. Every fire, life, accident or other in- Insurance comp- surance company, soliciting or doing insurance any business by agent or otherwise, must pay a li- cense tax of one dollar and fifty cents per quar- ter. Sub. 7. For each book, or map agent, or per- agent. b or map son who from house to house canvasses, solicits or sells, at retail for future delivery, any book, picture, map, goods, wares, or merchandise; the sum of fifteen dollars per week. (Ord. No. 77). Sub. 8. For each and every billiard table, Billiard table pool table, and pigeon hole table of any and every kind whatsoever; not forbidden to [be j _used by the statutes of the State of California, two dollars per quarter, whether used and played on for hire or not, if set up. and kept in or about a place of business. 62 I,rC4NsR ORDINANCn. Bowling alley - Sub. 9. - For each nine or ten pin or bowling alley, three dollars per quarter. Skatingrink Sub. io. For each skating rink, five dollars per quarter. Undertaker Sub. i 1. For each undertaker, five dollars per quarter. Dance Sub. 12. For each ball, dance or party, where a charge is m�ide or money is received for atten- dance, one dollar. Sub. 13. For each and every person en- ing osbills ing °r Past- gaged in posting or paSting bills, or engaged in the business of advertising by signs or cards of any kind, or in distributing posters, circulars or bills to advertise any entertainment or perform- ance in said city, the sum of $3.00, provided that this subdivision shall not apply to the merchants or manufacturers of this city, nor to the posting and distribution of bills for any religious, benevo- lent or charitable purpose. (Ord. No. 93 b). Shooting gallery Sub• 14• For each pistol or shooting gallery, fifteen dollars per quarter. Vehicle for deliv- Sub. ery 15. For every dray, cart, wagon or other vehicle used for the delivery of goods or freight for hire, three dollars per quarter. Pedaling goods Sub. 16. For peddling goods, wares and with a wagon merchandise (except meat) with a wagon or other vehicle, with -one or more animals, twenty- five dollars per quarter. (Ord. No. 84). Peddling meat .Sub. - 1612. For peddling meat in quantities less than a whole carcass with a wagon or other vehicle, with one or more animals $20 per quarter. (.Ord. -No. 94 Peddling as othherrthan withitha Sub. 17: ' For peddling goods, wares and Mer - wagon chandise, other than with a wagon or vehicle, or (z 1 LICIRNSE ORDINANCR.63 with an animal or animals, five dollars- per' quarter. Sub. 18. For each astrologer, fortune teller and clairvoyant, who does by sign, advertise- Astrologer ment, notice or representations of any kind or 'any nature purport to pursue of these occupa- tions, five dollars per quarter. Sub. r9. For each livery and feed stable, seven Livery and feed dollars and fifty cents per quarter. table Sub. 2o. For each feed stable, two dollars per quarter. Feedstable Sub. 2r. Every agent for the sale of bicycles Agent for bicycles must pay a license tax of one dollar and fifty cents per quarter for each kind or make of bicycle by such agent sold or offered for sale. Sub. 22. Every telegraph company, gas Com- - Telegraph coni- pany, telephone company, electric light company pany and water company, doing business by agent.or otherwise, must pay a license tax of five dollars per quarter. Sub. 23. Repealed by Ord. No. 93 b.. Sub. 24. For every public laundry. where Public laundry washing is done for hire, five dollars per quarter. Sub. 25. For every rope or wire dancing' Theatrical enter - tainment magic or theatrical entertainment, or other show or exhibition where. an admission fee is . charged, except a circus or menagerie,, three dollars for each exhibition or performance; or, if a quarterly license is desired twenty-five dollars ,per quarter; provided, that nothing herein contained shall be construed to prevent exhibitions or entertain- inents for the benefit of churches or schools, or other charitable or social entertainments by any amateur association, benevolent, religious or 64 LICENSI, ORDINANCE, literary society of the city, without a license tax therefor. (Ord. No. 93,1). Menagerie or cir cuS Sub. 26. For each menagerie or circus, fifty dollars for each exhibition or performance. Pawnbroker Sub. 27. For each ,pawn broker, ten dollars per quarter. $xpress business Sub. 28. For each express business, forward - within the limits oft hecity ing money, valuables, parcels, packages or other articles, carried on within the limits of the city, seven dollars per quarter. Butcher shop Sub, 29. For each butcher shop, where fresh meats are sold at retail, five dollars per quarter. Bar cewhereliquors S -ab, ?o. For each bar room, saloon, or other or other are place where liquors 3 deomsesank pla upon pce where vinous, spirituous or malt liquors are upon sold bj, the glass, bottle or otherwise, to be drank upon the premises where sold, one hun- dred and fifty dollars per quarter. But no per- son shall have issued to him or them a license to keep a bar\room, saloon or other place where vinous, spirituous or malt liquors are sold, except l such person or persons be of good moral charac- ter, and first obtain 'permission as provided here- in by making applic=ltion in writing once every year, to the Board of Trustees, at a regular meet- ing thereof, for permission to obtain th ease therein required; and shall file with said applica- tion a written recommendation, signed by not less t� than five responsible citizen § of the City of San . ` Luis Obispo tax payers and owners of, or occupy - How license pro- cured. incr real estate, within the bloc where the appli- cant proposes to carry on the saicl\business, (pro- vided there be fifteen such citizens within such block) and setting forth that the �pplicant is a person of good moral character, and a sober and suitable person to keep and conduct such`;ta place, and shall file with the city clerk a bond in the LICENSE ,ORDINANCE. 65 penal sum of one thousand dollars with two or more sureties, w 10 s all each qualify in double the amount of the penal sum of the bond, the bond to be approved by the Board of Trustees and conditioned that said applicant shall conduct the business for which a license is sought, in a quiet, orderly and reputable manner, and will not permit of any breach of the peace or disturbance of the public peace, order or decorum, by any noise, riotous or disorderly conduct on the prem- ises, and shall not sell, give or furnish any intoxi- cating liquor, spirituous, malt or fermente&liquor or wine, to any person in a state of intoxication or to any person under the age of sixteen years, and that said applicant shall obey and` abide by all laws and ordinances now in force or which may hereafter be enacted, regulating'saloons and bar rooms and places of business where spiritu- ous, malt or fermented liquors or wines are sold, and the time of closing saloons, ,bar rooms and places of business where spirituous, malt or fer- mented liquors or wines are sold, in quantities less than one quart. f Said application and recgmmendation, after Application re - the approval of said bond, shall immediately be gat, n. for investi- referred by the board of trufstees to the acting recorder, marshal and ex -officio tax collector and the city attorney for investigation who shall re- port the result thereon to/ the board -of trustees, at the next regular meeting following. If said report be in fa or of granting the license to the said applicant, And shall be signed by at least two of said officals, the board of trustees shall by resolu-gLant the a rmis�lc�n and It ,Trustees shall by resolution grant shall be fi ec with th� tax collector. Such per- Permission. mission shall in no case be given to the keeper of a disreputable house or place of assignation, and 66 I,ICIrNSL ORDINANCIi. Bond everyyear. the said application must be made and the said bond renewed once every year. Sub. 30. Repealed—Ordinance No, 94• Fora hotel. Sub. 31. For a hotel, boarding house, lodging house, eating house, chop house, coffee or refresh- ment saloon or restaurant, the license tax shall be as follows: Accommodations Where the average daily, accommodations of less than five. persons is one and less than five, fifty cents per quarter for each person. Accommodations Where the average dailyaccommodations of five and less than ten. persons is five and less than ten, four dollars per quarter. Accommodations Where the average daily accommodation of ten and under fif- teen . persons is ten and under fifteen, seven dollars and fifty cents per quarter. Accommodations Where the average daily accommodation of fifteen and under twenty-five. persons is fifteen and under twenty-five, ten dol- lars per quarter. Accommodations Where the average daily accommodation of per - twenty -five and un- der fifty. sons is twenty-five and under fifty, fifteen dollars per quarter. Accommodations Where the average daily accommodation of fifty and over. persons is fifty and over, twenty dollars per quar ter. (Ord. No. 84.) Stallion. Sub. 32: For each stallion, used f0}apaga- ti& for hire, ten o a' Jack. Sub. 33. For each jack, use o •pagation for hire, three dollars per season. Bull. Sub. 34. For each bull, ,used for propagation for hire, three dollars per season. Person sells any Sub. 35.. Every company, person or corpora - goods, LICENSE ORDINANCE. 67 tion who at a fixedplace of business, sells any goods, wares or merchandise, (other than vinous, spirituous or malt liquors) drugs, medicines, jewelry or wares of precious metals, or other articles of personal property, whether on commis- sion or as owners, (except such as are otherwise $xcept such as provided for in this ordinance) must obtain from �de�hfW�ritths the City Tnx Collector a license, and pay therefor a -ordinance' license tax for carrying on such business, and for each branch of said business, q:iarterly, for the use of the city, of twenty-five cents for each one hundred dollars of average monthly sales, or fractional part thereof, made 'by such person, company, or corporation. Sub. 36. Every company, person, or corpor- �erson sells liquors in quantities of ation, who at a fixed place Of business sells any one-fifthofagallon vinous, spirituous or malt liquors in quantities of one-fifth of a gallon or over, not to be drank on the premises where sold, shall pay a license tax of fifteen, dollars per quarter; provided, that no Provided. license shall be required of physicians, surgeons, apothecaries or dentists for any wines or,spiritu- ous liquors they may use in the preparation of medicines. Sub. 37. Every person, company, or corpor- ation engaged in the business or occupation of passengers or freight Business en ers. car - carrying p g ,,ht t0 OY from any ryivg passengers. place within the limits of the City of San Luis Obispo for hire, and who have a place of business in said city or not, whether said carrying is done through and on the outside of said city limits or not, shall procure from the City "rax Collector a city license, and shall pay a license tax therefor for the use of said city as follows: For carrying on such carrying business or Carrying on such business by rail - occupation by railroad and car, twenty-five dol- road. lars per quarter. For carrying on such - carr ing business or Carrying on such y g y r business by stage. 68 IJUMS$ ORDINANCE. occupation by stages or other conveyances, one dollar per quarter. raOperating street Every person, company, or corporation run- ning, operating or controlling any street railroad, shall pay a license of one dollar per quarter upon each car run thereon. $vers• person Sub. 38. Every person, company, or corpora- who has no fixed ' ll place of business tion who has no fixed place of business within wh°ve"dsg°°as. the city, and who vends or hawks on the public streets,or other places within the city limits, any goods, wares or merchandise, wines or distilled liquors, drugs, medicines or mechanical appliances for the cure of disease or injury, or jewelry wares or precious metals, or other articles of personal property, whether on commission, produced or made by or for them, for the purpose of sale, barter or exchange, or otherwise (except such as are sold by auctioneers at public sale, under license or are not especially provided for in this Must obtain a ordinance) must first obtain a license from the License. City Tax Collector for carrying on such business and for each branch of such business, and must pay a license tax therefor of five dollars for every day such business is conducted or carried on in said city; provided, such person, company or cor- poration desiring to carry on such business, may obtain from the City Tax Collector I quarterly license, and must pay therefor a license tax of fifty dollars per quarter, and in that case no daily license shall be issued, or daily tax charged. Sub. 39. Ever person, firm or association, or their, agent or agents, engaged or hereafter to Dance house• engage in the business of keeping a dance house, or cellar, or beer saloon, or other place where spirituous, vinous or malt liquors are sold, to be drank on the premises, or retailed, for compensa- tion or not, and served to customers by females Females acin under employment or otherwise, or wherein act capacity of bar females act in the capacity of bartenders, waiters, tenders. LICI~N91 - ORDINANCE. 69 actresses, dancers, musicians; policitors of custotn, or servants, or in any capacity for inducement of custom, within the corporate limits of said City of San Luis Obispo,-, is hereby' required to pro- cure a city license, "and pay therefor a license tax _ of one hundred and fifty dollars per quarter in advance, m addition to a retail liquor license; and no license issued hereunder shall be issued for more nor, less than one quarter. Sub: 40. No licensee shall be char( -ed or re= a No license charg- quired of any person or persons for sellin any ed for selling pro - duels by the pro- of the agricultural, pastoral or dairy products by ducersthereo£ the producers thereof, raised by themselves in the County of San Luis Obispo, State of California, or grown on the premises owned or leased'in said county; jArovided, that a license shall be procured Provided. by such person or persons who offers for sale or sells meat in quantities less than a whole carcass of cattle or animals so raisedoar grown. SEC. 15. Except as otherwise hereinbefore eery person to procure a license provided, every person, company, association or who fails shall be guilty of a misde- corporation, required to procure a license as here- meanor. inbefore provided, who fails, neglects or refuses to do so, or violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, be. punished by. a fine of not less than fifteen and not more than three hundred dollars for each ,offense and may ,be imprisoned in the city prison until such fine is paid, not exceeding ninety. days, and every agent of such person, company, association or corpora- tion who solicits, commences or carries -on any business aforesaid in said city, for his, her or its principal, who fails, neglects or refuses to pro- cure license as aforesaid, shall also be guilty of a misdemeanor and upon conviction shall be pun- ished as in this section provided. SEC. 16. , The Board of Trustees of said city, . 70 T.ICENSE ORDINANCE. upon proof to their satisfaction that any premises so licensed are conducted in such a manner as to disturb the peace or good order of the neighbor- BoardofTrustees hood, or so as to become a nuisance thereto, or have power to re- vokelicense. conducted in violation of any of the ordinances of said city, shall have power to revoke any such license by written notice to any. such licensed party, and any continuation of such business after such notice shall subject the party so notified to the penalties in the ordinance hereinbefore provided for. SFC. 17. No license issued or granted under No license assign- any of the provisions of this ordinance shall be able. in any manner assignable or transferable, or authorize any person other than is therein men- tioned or named to do business, or authorize any business, occupation, trade, profession, vocation or calling other than is therein mentioned or named to be done, transacted or carried on at any place other than is therein mentioned .or SiWithout permis- named, without permission from the City Tax Collector endorsed thereon, and whenever the City Tax Collector shall grant such permission he shall at the time record such change or trans- fer upon the proper register. SEC. 18. The Board of Trustees shall not Board of Trustees remit, return or dispense with, or allow remitted, shall not remit li- returned or dispensed with any license paid or to cense paid, �% be paid under the provisions of this ordinance under any circumstances whatever. All ordinances in SEC. i9. All ordinances and parts of ordi- conflict herewith trances in conflict herewith are hereby repealed. repealed, This ordinance shall be published twice in the Evening Breeze, a daily newspaper printed; pub- lished and circulated in said city, and shall take effect and be in force from and after such publi- cation. (Approved March 18, 1895.) ORDINANCE NO. 9. Creating a Public Pouud, and Relating to the Management ment Thereof. The Board of Trustees of the City of San Public Pound es - Luis Obispo, do ordain as follows: tablished. SECTION I. A public pound is hereby estab- lished in the City of San Luis Obispo, to be lo- cated on such lot or lots, within said city, as the Board of Trustees shall from time to time, by resolution entered on their minutes, name and declare to be a public pound. SEC. 2. The President and. Board of Trustees Board appoint shall appoint some suitable person _as Pound pound Keeper. Keeper in and for said city, who shall hold- office during their pleasure, whose duty it shall be to take up and receive into said pound all animals (except dogs licensed) found running at large upon any public street, square or grounds of said city, or which shall be staked, fastenedor under the control of the owner thereof, his or her ser- Pound animals found at large. vant, or any other person, upon any public street, square or ground, for the purpose of grazing or otherwise. SEC. 3. Any person owning or having the control or management of any animals (except persons letting licensed dogs), permitting said animals to run at large. als run at large or to be staked or fastened, or under the control of any _person upon any of the public streets, squares or grounds within said city, for the purpose of grazing or exercise, shall be deem- ed guilty of a misdemeanor; provided, however, that nothing in this ordinance shall be so con- strued as to prevent the free use of any public street for the purpose for which it has been dedi- 72 POUND AND MANAGI M4NT cated; and, fiYovided, that the fastening of ani- mals to a public hitching post in such a manner as to control them within a radius of four feet therefrom, shall not be deemed a breach of anv of the provisions of this ordinance. I Pound must keep SEC. 4. The Pound Keeper shall keep a true record of animals gat post same at and faithful record of the number and description of all animals taken into his custody, with the date and manner of their disposal, and shall keep conspicuously posted at the entrance of the pound a list of animals therein detained. He shall also provide all necessary subsistence for all animals in his custody. Pound Keeper SEC. 5. It is hereby made the duty of the must notify parties Pound Keeper to notify the owner or the party if known, having control (if known to him) of any animal impounded, within twelve hours after impound- ing the same, and if such animal be not redeemed within forty-eight hours after being impounded, the Pound Keeper shall make a complaint to the City Recorder against the person owning, claim- ing, or having the control or management of such impounded animal or animals, for the crime of misdemeanor, in accordance with section 3 of this ordinance, and in all cases of arrest and con- viction the fine shall include, (in addition to the If animals not ordinary costs of such arrest and trial), the fees redeemed then must t. com- of the Pound Keeper for impounding and keep- plaining such animal or animals. If animals not SEC. 6. All animals, (except dogs), taken into reclaimed must be custody of the Pound - Keeper, if not reclaimed posted and sold, h within forty-eight hours thereafter, shall be ad- vertised by posting in three public places in said city, and by posting on the pound gate; said ad- vertisement shall contain a notice that the animal or animals described therein will be sold at the expiration of threedays from the date of said POIIND AND MANAGtMLNT., 73 advertisement unless costs and expenses are paid and the animals reclaimed. SEC. 7. Immediately upon the expiration of :linst bell three days from the date of the advertisement Pay charges time appointee mentioned in section 6 of this ordinance, the Yotnid Keeper shall sell at public sale to the high- e-st bidder for cash, lawful money of the United States, at the time and place designated in such advertisement, all animals so advertised, (and not redeemed), arnd out of the proceeds thereof .pay his proper fees and charges. • Any balances of the proceeds of a sale of any animal or animals remaining after payment of such fees and charges, - shall be paid into .the city treasury to the credit Balance to of the general fund at the end of each and every paid i,.Wrreasi month; prpvided, that the owner or owners of such impounded animals so sold as aforesaid, may redeem such animal or animals at any time within six months after such' sale, by producing satis- factory proof of his or her right thereto, and bysi-",Iv redeem x month by p paying to the purchaser the amount -of the pur- in charges. chas°! money, with five per cent added thereto, together with the necessary expense incurred by said purchaser in keeping said animal or animals. SEC. 8. The charges upon every animal im- Charges to pounded shall be as follows: For every horse. collected. mare, mule, ass, ,bull, ox or cow, one dollar and fifty cents per day for keeping; one dollar addi- tional if advertised; five per cent commission if sold. For every colt, yearling, or calf, sheep, r:,at or hog, fifty cents, and for keepino-, twenty - 'five cents per day; twenty-five cents additional if advertised, and five per cent commission if, sold. For every goose or duck, twenty-five cents; ten cents a day for keeping, and five per cent com- mission if sold; brovided, that in ''the event ten animals belonging to one person and firm are im- 74 POUND AND MANAGM119NT. pounded at one time, then the charge for aii above that number shall be one-half of that sped- fled above. The fees and charges in this section. paid t Chars shall be specified must be paid by the Pound Keeper into citthe city treasury at the end of each and every month. (Ord. No. 89.) May redeem be- SEC. 9. The owner or person entitled to. the fore sale• control of any animal or animals impounded, may at any time before the sale or other disposition thereof, redeem the same by paying to the Pound Keeper all proper fees and charges thereon, made by virtue of any of the provisions of this ordi- nance. Pound Keeper SEC. lo. Upon making any sale under the must give certifi- ) -:ate of sale, provisions of this ordinance, the I ound heeper shall give the purchaser a certificate of sale con- taining a description of the property sold and the amount paid, and that the same is subject to redemption within six months; and shall make an entry in a register to be kept for the purpose, a description of the animal or animals sold, the amount paid for the property sold, the name of the purchaser, with a statement of the costs and charges against the animal soli_i, and he shall number the entry of each animal on said register. If at any time within six months after any sale _ of animals under this ordinance, any person shall If claim made in proove that he or she was the owner of the ani - six months balance mal sold, the Board of Trustees shall allow a returned. claim in favor of such person, payable out of the general fund, for the amount paid into the city treasury on account of said animal, but if he or she fails to call for the money within six months, it shall vest in the city. SEC. i I. No person owning or having the - All dogs must be tagged to run on charge, care or control of any dog or slut, shall the streets. permit or allow the same to be upon any street, POUND AND MANAG$M�NT. 75 alley or public square within the limits of said city, excepting under the following restrictions: every docr or slut shall have around his or her neck a collar of me al or leather, attached to which there shall bk a tag with the number marked hereon by the City Marshal and License Collector, as hereinafter provided, andno person shall imitate or counterfeit such plates or tags, or use the same when imitated or counterfeited. _.... SEC. 12. The City Marshal and License Col Marshal shall lector is hereby authorized to procure the neces- collect for (log tags. nary tags, and annually receive and collect from the ; owner or owners of any male dog, (in advance), the sum of $1.00, and_ for the owner or owners of any female dog or slut, the sum of $4.00, and issue the necessary license, which he shall procure from the City Clerk, together with a tag contain- iug a suitable design, stamped with the words and figures, "April first, 1497," _which shall be goo,t for one year from said date. And i': shall be the duty of said License Collector to procure new tags at the expiration of each and every ! year thereafter, properly stamped for the ensuing year. It shall also be the duty of said License nIarshal must Collector to pay monthly into the city treasury, procure new tags all moneys received for the issuance of tags for every year the preceding month. (Ord. No. 89.) SLC. 13. All sums of money received from the Tag money must be paid into treas- issue of tags and paid into the city treasury on furundorspecial dog said account, shall constitute a special fund to be called the " special dog fund," and shall be used for no other purpose than that of carrying out the provisions of this ordinance. SLC. 14. It is hereby made the duty of the Must impound Pound Keeper and any assistants he may have, dogs for thirty-six to take up and impound all dogs found upon the hours' streets; alleys, or public squares in said city with- iF POUND ;'Nn hrANAGE.AlliNT. out the necessary tag, and to keep the samN sr::. f plied with water, and confided for the thirty-six hours, unless tyle owner shall' choose to redeem the animal by producir,r�:,� requirecl tri( and receipt and paying til'- sum Of one dollar pound fees. later )•;ecl)itr �.. restraining, any dog or slut for the required 3S thirty-six Of thirty-six hours Chf. ' 1 li t hours must kill , I OUnd f' eN.pe1' S ;:iii _. _ and bury (log. the said anIIn111 and city limitsItlter the CI1rC1SS OUtsIdC ; fur which service he shall be ein�'. to the sum Of one dollar to be paid out of t'; special dog fund, and 'lot otherwise; � 1� that he may keep any valuable dogs and them, preservin( a full record of all such 73in of sale si:a„ His bill of sale eC1ue endorsed by the License Collcci��_- I'shall be a valicl title to the purchaser; and -.' moneys so received shall be paid into the cir. treasury. (Ord. NO. 89.) Pound SFC. 15. The Pound Keeper shall also Keeper const keep record a rP� :rCl Of all clogs taken up, sold, redeen)(,d G� °f dogs.destroyed, and make a monthly report thereof the Board of Trustees under oath. Pound SEC. 16. The Pound Keeper rnavat an ti .),1 Keeper p �' may appoint aep_ appoint deputies or pound drivers at his . ntieS. proper expense, for driving any animal to th" pound. Pound Keeper SEC. I ", The Pound rr find deputies must / d Sleeper and del�titii`:i "ear badge• while engaged in the execution of their d utie:, shall each wear a plain circular metallic badge cr the left breast Of the outer garment, with, for Pound Keeper, the words, "Pound Deeper... plainly engraved thereon; and for the deputy and Pound drivers the words "Deputy Pound Deeper." Pound Keeper. SEC. 18. The Pound�,Keeper within five days nest ggive bonds cithinfivedays, after his appointment and before entering upon his duties, shall execute a bond to said city in the POUND AND MANN ,�Wr i. 77 Crum of five hundred dollars, conditioned for the faithful performance of his duty as Pound Keep- er, with w o or more sureties to the satisfaction of the President of ,13oard of Trustees, which b:r)nd, when approved, shall be filed with the City � Clerk. . Mast not resist :'>EC. ig. No person shall resist, obstruct, or Pound Deeper. pre-,,-ent the Pound Keeper, or any of his deputies or assistants, in the exercises of his duties.' EC. 2o. Any person violating any of the pro Penalty. inions of this ordinance shall be deemed guilty of a misdemeanor," and upon conviction thereof shad lie punished by. a fine not exceeding three h;indre:d dollars, or by imprisonment in the city j� :i not exceeding ninety days. SEC. 2 I. All ordinances or parts of ordinances in conflict with this ordinance are hereby re healed. SEC. 22. This ordinance shall take effect and ire in force from and after its passage and ap proval. (Approved March 5th, 1884.) i i ORDINANCE NO, 42. Creating a board of Health and Defining Its Powers, AR'T'ICLE I. Board of Health SECTION I. A Board of Health for the Ciz� hereby established. of San Luis Obispo is hereby established, whi;:il board shall consist of five members: and %A7. \; III:ALTII ORDINANCE— 74 \R'I'ICI,I; II. DUTIES OF HEAI;rii OFFICER. SECTION I. It shall be- the duty of the Health e �t ��f the Oficer, under the direction and control of the TI Board of I-Iealth, to enforce all laws, ordinances and regulations relating to causes of sickness, nuisances and sources of filth existing in said city. SEC. a. lie may, under the direction of the I� son' y anresi- lioard of Health, remove any person who Is TIOt dent infected with e. a resident of said city, and who is known to be infected with, any dangerous, contagious and in- fectious disease, to the pest house, when such action shall be deemed necessary, to prevent the spread of such disease, and when such removal can be made without danger to the life of such person. SEc. 3. Whenever a nuisance endangering, in Nvhenever a nuis- exist shall the opinion of the Health Officer, the public nanceotify to abate health, shall be ascertained to exist on any prem- ises, or in any house or other place in said cit}', he shall, with the approval of the Board of Health, notify in writing, any person or persons owning or having control of, or acting as agents for, such premises, house or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice. SEc. ¢. Upon the neglect or refusal of any t Upon neglect comply ay owner, occupant, agent or other person having abate nuisance control of such house or other place within said city, to comply with such nuisance, the Health Officer may abate such nuisance, and the owner, w ent or occupant or other person having control - of such house or place, in addition to the penalty provided by this ordinance, shall be liable to said city for the costs of such abatement, to be recov- Bred in a civil action in any court of competent jurisdiction within said city. 80 III?AI,TH ORDINANCE. Duty of public SEc. S. It shall bel the duty of any membor officer enter prem isestoinspect of said Board of Health, the Health Officer, cr any public officer, when necessary to secure tine public health, to ether upon the premises, or M the house or other place, of any person within said city, to ascertain any nuisance that may there exist, to inspect drains, vaults, cellars, cesspools, water closets, privies or sewers, or the yards of such premises, to examine into their condition: and when satisfied that apartments used for lodg- ings or other purposes are improperly constructed, or liable from overcrowding or filth to become dangerous to the public health, or to disseminate contagious or infectious disease, or are not prop- erly provided with privies, water closets or with sewers, drains or cesspools properly trapped, they- or any of them shall serve a written notice upon the owner or other person in charge of such premises, to remove the nuisance therein named; and if such owner or other person in charge, ne:--- Board may put lects to obey such notice, said board or officer in proper order may put the same in proper order at the expense of the owner or other persons in charge thereof. ARTICLE III. BIRTHS, DEATHS, AND INTERMENTS, &C Everyperson SECTION 1. Every person practicing mid - practicing imdwif- ery wifery under whose charge and superintendance any birth shall occur within the cin- shall fill up and 'deliver to the Board of Health or Health Officer, within forty-eight hours after said birth, a blank schedule to be furnished on application by said board, containing the particulars of su-h birth as to sex, color, residence and names of parents; and in case the birth of any child has occurred without the attendance of a prictioner of midwifery, or should no other person or nurse be in 'attendance immediately thereafter, then it IIEAI,TIi ORDINANCE. 81 shall be the duty of the parents of such child to report its birth to said board, within the manner and form above described; and said board shall keep a record of the certificates of births so fur - wished in a book kept for that purpose, and shall report a transcript of the same monthly to the sec rc-tary of the State Board of Health. un - SEC. 2. Every sexton, undertaker, or person dEveryr or person wishing to inter wishing to inter any human body, shall first ob- any human body tain and file with the Superintendent of the Cem- deatle h certificate of eters, a certificate of death as prepared by said local Board of Health, signed by the attending physician, or in his absence by. the president or, other officer of the Board of Health, or by the Coroner; and it shall be the duty of said superin- ten(lent to examine such certificate, and if satis- fied of its correctness and conformity with this Superintendent section, then to issue a permit of burial of such issue a permit of person to the applicant; and in no case shall a burial permit of burial be granted otherwise, unles it is satisfactorily shown through the Superintendent of the Cemetery to one or more members of the Beard of Health that it is beyond the power of the applicant to comply with these requirements. `)'EC- 3. Every undertaker, or other person or Every person he_. fore removing a persons, before .removing a dead body from said dead body first pro city to any other place beyond the jurisdiction of cure permit, the Board of Health, shall first procure from the Health Officer or any member of the Board of Health a written permit granting such removal; and said permit shall in all cases be annexed to the certificate of death as provided in section 2 Of this Article. SLC. 4. It shall be the duty of each physician Duty ofeach phy- sician to report to in this city to report to the Health Officer, or to the health officer or Board infectious a member of the Board of Health, every patient disease he shall have laboring under Asiatic cholera, diphtheria, scarlet fever, smallpox or other danger- 82 HEALTH oRDINANCV ous, contagious or infectious disease as soon a he shall have become satisfied of the nature o" the disease, and to report to the same officer or member of the Board ` of Health, every case of death from such disease immediately after it shall have occurred, ever householder to re SEC. S. It shall be the duty of every house- portinfecnons dis- hold in this city to report in writing t ease o, to the Hetltil Officer, or a member of the Board of Healu:. immediately, the name. of every person boardin at his or her house, whom he or she shall ha,,",- reason to believe to be sick with scarlet feeer, diphtheria, cholera, small pox or other dangerous, -contagious or infectious disease, and any death occurring at his or her house from such disease. Whenever ease SEC. 6. Whenever a case of small poi: ,... of smallpox or "• cholera duty of Cholera shall exist in any house or terement, aiicl Health Officer it shall be deemed inexpedient to remove the per- son so affected to the proper hospital, it shall he the duty of the Health Officer to require all such persons to be kept closely confined, in their re- spective dwellings or places of abode; and shall immediately cause to be.erected in a conspicuou place in front of such dwelling or place of abode a yellow flag or other suitable notice, setting forth the fact; and it shall be unlawful for the occupanr thereof, or any other person to remove such fla or notice as long as in the opinion of the Health Officer or Board of Health the same ought to remain on said premises. No person enter SEC. 7. No person or persons, except the or depart from y physician, clergyman or undertaker, and those any -house where a smallpox cho_ having a written permit from the Board of Health lera exists or Health Officer, shall enter or depart from any house where small pox or cholera exists, or while the corpse of any person who shall have died of such disease remains in. the house, or within ten 11FALTH ORDINANCF;. 83 days thereafter, or until said building and its con- tents shall have been disinfected or otherwise dis- posed of to the satisfaction of the Board of Health or Health Officer. ARTICLE IV. PRIVIES, WATER CLOSETS, ETC. SECTION I. No privy vault privy cess pool No Privy, vault > > shall be foul or of - or water closets, shall be allowed by the owner or fensive Other person in charge of the premises upon which the same maybe situated, to become foul or offen- sive; and when in the opinion of the Board of Health or Health Officer, any such privy, vault Health Officerto or closet, or cess pool shall need cleaning or dis- notify°Wrier infecting, it shall be their duty to notify such owner, or other person having control, to abate the same by disinfecting or cleaning, as in the je dgrnent of the board may be prudent. + SEC. 2. No butcher's off«1 nor garbage, nor Pvteher's offal nor garbage shall anv dead animal, or any putrid or offensive ani- remain upon the premises mal nor vegetable matter shall be allowed to re- nlain on the premises of any person or to be de- posited upon any street, alley or vacant lot, or into any standing water or excavation. SEC. 3. Any person who shall violate any of the provisions of this ordinance shall be fined in Penalty anv sum not exceeding one hundred and fifty dollars and costs of prosecution, or may be im- prisoned not to exceed loo days, or both such fine and imprisonment may be imposed. 1'his ordinance shall be published three succes- This ordinance sive days in the San Luis Obispo Tribune, a take effect daily newspaper printed and published in said city, and shall take effect and be in force from and after such publication. (Approved September l)th, i889. ORDINANCE NO. 20. To Preserve the Peace and Good Order of the Cite of Luis Obispo. The Board of Trustees of the City Luis Obispo, do ordain, as follows: Must not inter- SECTION t. NO person shall bvithln the i, rapt any public as- sercblagc, etc Of Sall Luis Obispo, without authority of disturb, disquiet or interrupt: First: Any school or school procession. Second. An), funeral'or funeral procession. Third.- Any lawful assemblage of people .ntt for a lawful purpose, or any lawful procession. Noise, tumult, SEC. 2. l�lTO,pei"SOIL shall:disorder, etc Fzz s1.' Make in any place, or suffer to be Upon his premises, or premises within his, of h::- control, any noise, disorder or tumult to the d;- turbance of the public peace. IIttering bawdy Secolul' TO utter ill the hearing of two tit language, etc more persons, any bawdy, lewd, obscene or I)- () -fare language, words or epithets. Address, to another, or utter in t :1 to create breacords dhorpresence Of another, ally words, language, Or the peace pression having p � a 'tendency to create a brr�ach cf the peace. Slingshots, etcc,te ots,knuc- FoL?tIZ: klMake use of or have in his,possessin" any slip ;shot, pistol -cane, rubber sling or other i Instrument or device of a similar kind, by mean, of which missiles of any kind or description are hurled or projected. F7ft6i.' Wear or carry any slingshot, knuckles, sword cane, pistol -cane, rubber slim; or instrli- ment of a similar character. Must not gine - pistols to minorst 3• It shall be unlawful for any person to . PIACI; AND GOOD ORDER. 85 sell or to give to any minor under the age of eigh- teen years, any revolver or pistol of any kind, from and by which any bullet, shot or other mis- file of any kind is, or may be fired or projected b}' weans of percussion caps, cartridges, or any es:plosive substance whatever. SEC. 4. It sConcealed weap hall be unlawful for any person a,, not being a public officer or traveler, or not hav- ing a permit from the President of the Board of* "Trustees, with the consent of the Marshal of said city to wear or carry concealed, in this city, any pistol, dirk or other dangerous or deadly weapon. Such persons, and no others, shall be termed travelers within the meaning of this sec tion, as may be actually engaged in making a journey at the time. The President with the consent of the marshal, may grant written per- mission to any peaceable person, whose profes- sion or occupation may require him to be out at late hours of the night, to carry, concealed, dead- ly weapons for his own protectection. SI:c. 5. It shall be unlawful to fire off or dis- Filing guns ord- inance, etc charge any ordnance, gun, rifle, pistol or other firearms or any squib, rocket, roman candle, chaser, firecrackers, Chinese bombs or other fire- works or firearms of any kind or nature whatever; nor shall any bonfire be made or any hay, straw, shavings or other combustible matter, be burned within the city limits at. night; provided, that nothing in this section shall be so construed as to prohibit the erection and establishment of shoot- ing galleries in accordance with an ordinance that is or may be passed by the Board of Trustees, and provided further, that the Board of Trustees may grant written permit to fire ordnance or any of the articles mentioned in this section and make bonfires at such times and places as they may deem proper. ,96 I`EACE' AND GOOD ORDI"R. SVc. 6. It shall be unlawful for arra n 51i11ors 1111"1 not Under the acre be on streets ,c of eighteen years to be on am public streets of the city of San Luis between the hours of eight O'clock, P. daylight the following- morning, from :v oven,l,::; rst to Alay 30th of each year, and between tic: hours of nine o'clock, P. m., and daylight the f�,i- lowin, morning, frorn June rst to October 3r,t of each year, unless by direction or with ti,e l:nowledf;e or consent of the parents, guardi;tn5 or other persons having the lawful control of minor. SEC. 7• No person shall, within the City c San Luis Obispo: " Drunk_ Firsi. Be drunk in a public place or pace open to public view. Drunkenness in p„Ipubhcand PrivateS'eCOII(I.• TO be on any public hi;;hway or n, ^ places any public place in a state' -.of drunkenness or i:;- toxication, or be- on any private premises, or in any private house in a state of drunkenness t( - the annoyance of any other person. SEC. S. No person shall: Lewd and Inde_ FZVst. Offer for sale, exhibit circulate or dis- cent books tribute, or cause to be circulated or distributed, any obscene, lewd, or' indecent book, 'pamphlet. picture, card, print, paper, writing, mould, cast or figure. Indecent dress Second.* Appear in a public place naked, or in a dress not belonging to his or her set, or in at, indecent or Iewd dress. Exposure oi'.per son TIiid..• Make an indecent exposure her person: . tirinate or to F0111.1I. Urinate or stool in a public place open to public view. of his or place, or PI ACR AND GOOD OI MUM. b% f -i -iii: ro be guilty of any indecent or lt'_WCl Indecent or le,ed behavior. aict or behavior. S2x1h: Exhibit or, perform any indecent, in -i- Immoral play moral or lewd play, or representation. sC'Z'E7lth: /Solicit, employ or engage another to Init'o'ffense corn - commit, a public offense. Src. ). No person shall keep, or maintain or I{ecp, maintain or visit houses of become an inmate of, or be a visitor to, nor shall iii -fame aiiy parson in any manner contribute to the sup - Por; of any disorderly house or house Of ill -fame; 'ind no person shall knowingly let, or underlet, or transfer the: possession of any house or lands of the aforesaid purposes. SEC. 10. It shall be unlawful for any person Bathing in creel, to bathe in any creek or channel within the cor- etc porate limits of the City of San Luis Obispo, be- tween the hours of four O'clock a, m., and eight o'clock, p. m., without wearing a suitable bathing dress. S 1:c. i i. It shall be unlawful for any person Disturbing in any manner or for any purpose to obstruct, Streets, sidewalks, break up, or dig up, disturb, dig under, under- etc mine, grade, fill in with dirt, rock or any sub- :,tance whatever, construct or repair, or cause either to be done in or upon any street, alley, bridge, culvert, or other public place within the city unless required or permitted, so to do, by an or:_linance or an order of the Board of Trustees. SEC. 12. Every person, company Or corpora- 'must as, smpn as lete orktion authorized to obstruct, lay down any gas or possible water pipes, or mains, or to dig up, disturb, dig t.mder, or open any street, alley, or other public place, within the city, must complete such work when commenced with dispatch and without Cie- 88 PFACR AND GOOD ORDFR. lay, must put the street or other public place, so disturbed, dug up, opened, or dug under, in good conndition as it was prior to the colnmer;cr!- ment of such work. slusc „�c scop SLS• 13• It shall be unlawful for any p team on cross walk tC�L'_, driving or having charge of any vehicle er'tearl of whatsoever description, to stop the same upon any cross walk within the limits of said city so as to impede or obstruct public ,travel over anc along said cross walk. Dve notridesidewalk SEC. 14. It shall be unlawful for any pe-rs%7'i drive on sidewalk 4 or 'aster than six to ride or drive any mule, horse, or team, miles per hour the corporate limits of this city at a greater sp--td than a rate of six miles per hour, or to lead, rids:, or drive any horse, mule, team, or any beast o burden upon any sidewalk or over any foal bridge, in said city, or willfully suffer or permit any such animal or animals to go upon any sucil sidewalks. Walk on bridges SEC. 15. It shall be unlawful for any persoil to ride or drive upon or across any bridge faster than a.walk. It shall be the duty of the City Marshal to put up and maintain on each bridge within the city limits a notice containing the works, "Walk 5'our horses," so that the same can be seen from either: - end of such bridges, and the expense of puttirl� up and mg- aintaininsuch notices shall be a cit;° charge. No person Shan ' :$ kc. 16.. No person shall deposit or procure suesdeposit shhinany stream to _be a'e�osiiea'` any dead" animal, filth, garba,��, rQI-�sh, manure, litter, suds, slops, or any table or animal substances or other offensive mat- ter in the channel or upon the bank border -or side of `any stream, 5:i-eek,'or water course, or it;r_c any -public street, lane or' all within the vitt limits. (Ord. No. 81).) A/ t (1 d � r' t PEACE AND GOOD ORDER. 89 17. All owners and occupants of prem- Free rromfilth ises within the limits of the city shall at all times keep the same free from filth. SEC. 18. %NThenever the free passage of any Persons must street or sideivalk shall be ob tructed by a crowd pass on when or. (except on occasions of publ 0meetings) the per- , Berea sons composing such crowd s -'all disperse or move on when directed to do so by, all officer. Sj,,c. 19. It shall be unlawful to hitch or tie Must n°t hitch any animal to any shade, ornamental or fruit or places orses t° certain other tree, or shrub, or to any lamp post, water butt or hydrant in any street or public place with- in the city. X SEC. 20. It shall be unlawful to cut down, 1Sust n°t cut mutilate or injure any tree or shrubbery growing trees or shrubbery in any street or alley or public place within the city limits, unless by order of .the Board of Trus- t e e, S. rus-tees, SEC. 21. Every person who shall violate any of the provisions of this ordinance shall be Penalty de-_:med guilty Of a misdemeanor, and upon con- victioif lereof, shall be punished by a fine of not more than three hundred dollars, or by imprison- ment in the city jail not exceeding ninety days. SEC. 22. All ordinances or parts of ordinancs in conflict with this. ordinance are hereby re- pealed. SEC. 23. This ordinance shall take effect and be- in force from and after its passage and ap- proval. (Approved October 12, 1885:) ORDINANCE NO. 23 (a). Relating to Vagrants, Opium Lodging, Gaining, sp.i Lotteries. The Board of Trustees` of the City of , Luis Obispo, do ordain as follows: Vagrants, what coustitutes SECTION t. All persons who have no vi�iL'� means of living, or lawful occupation, or enwioy_ ment by which to earn a living; all persons v�hn ��habituall roam the streets without any la.ti,iui business; all p::rsons who live in or about house Of ill fame, all persons having no known occu�Xa- tion or business, all common prostitutes drunkards, shall be deemed vagrants. opium smoking SEC. 2. No person shall within the City or visiting house " wheremoked S ,an: Luis Obispo, keep or maintain, or becon an inmate of, or visit any place, house or roost. where onium is smoked, or where persons assenn- ble for the purpose of smoking opium, or Huh:d- ing the fumes of opium; nor shall any persoli contribute to, or visit for the purpose of Contri- buting to the support of any such place, house or room. etcodgmginbarns SEC. 3. All persons found lodging In a'1; barn, shed, out -house, vehicle or place, other than such as are kept for lodging purposes, with- out the permission of the owner or party entitled to the possession thereof, shall be deemed guilty of a misdemeanor. SEC. 4• No person shall, in. the City of San Luis Obispo: Gambling house I: Keep or maintain or become a visitor to, shall not visit or support. or in any manner contribute to the support of any place or house for the practice of gambling; GAMBLING, ETC. 91 or, knowingly let or underlet, Or transfer the underlSha11 et not gam]et or bling t)ossession of any premises for use by any person ho,5e. for any of said purposes. Deal, pia}', carry on, open, or cause to be oBankinl� games f all kinds pro - opened, or conduct, either as owner or employee, hibited. Whether for hire or not, itny game of faro, monte, roulette, lanscluenet, rouge et noire, rondo, tan, fan -tang stud -horse poker, seven and a half, teventy-one, keno, or any banking or percentage "kine played with cards, dice, dominoes or any device, sign, symbol or appliance for money, ch( cks, credit or any other representative of value:, or permit any such game or device to be carried on, in or on his premises or premises un- der his control. 3• Conduct any business, game, stand, room, other games for a or place, for the exercise of skill, or hazard of ,teambling prohib- . chance, bypersons in throwing, pitching, tossing, tossing up, or overturning, in any manner, quoits, coins, balls or any device, upon the skillful or successful pitching tossing, tossing up, overturn- ing or throwing, whereof any property, money or thin- of value is to change ownership, or per - 113 alit any such game or device to be carried on, in or on his premises, or premises under his control. 4. Play or bet at or against any of said pro- aga nallganoe bet hibited game or games. 5. Be present at, or in any room where any Must not be in a such game or device is played, or in any room boomling where g or connected therewith, knowing that such game is ga,nnig. tools or lottery tickets kept being played therein, or be present at any room or place where the apparatus or device for play- ing any such game is found, knowing the same to be therein or in any room wherelottery tickets are found. 6. Receive or take, or have in his possession 921 GAMBLING, FI*C. niu have deal in or under his control, any paper, certificate, tlCl:e:t, or have lottery tickets. chance, share, instrument or other thing or to!j,(,t, purporting to be, or understood to b�. or r�pre-. sent any ticket, share, chance or interest, in oN depending upon the event of any lottery, penalty Slc. S. Every person who shall violate ant - of the provisions of this ordinance shall be deemed guilty pf a misdemeanor, and upon cor' if r' IA viction thereof shall be punished by a fine of not more than one hundred dollars, or by impr1son- ment in the city prison not exceedingninet} da,,:, or b}, both such fine and imprisonment. Repealifig clause SLC. 6. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repeai- ed. When shall take SEC. 7. This ordinance shall take. effect and be effect, in force from and after its passage and approval. (Approved July 6th, ISM) U ORDINANCE NO, 22. In Relation To Streets And Sidewalks In The City Of San Luis Obispo. SEC; I. 'rhe width of the sidewalks on each side of the streets in said City of San Luis Obispo, is hereby. established as follows: In all streets of seventy feet Jr more wide, at an dthSideofstreets tNyelVe feet. In all streets sixty feet wide and less than sev- enty feet wide, at ten feet. In all streets fifty and less than sixty feet wide, at eight feet. In all streets forty and less than fifty feet wide, at six feet. In all streets thirty and less than forty feet wide, at four feet. In all streets, lanes and alleys, less than thirty feet wide, at three feet. S.C. 2. The owner, lessee, tenant or occupant frtchingposts. of any building or lot fronting on any street of said city, may with the permission of the Board of Trustees, erect and maintain in front of said building or lot, hitching posts; which shall be se- curely fastened in the outer line of the sidewalk, provided that the same may at of the Board ofaTrustees, be re- moved by order ce SFC. 3. No person shall, break, injure, remove Shall notdisplaor hitching posts or or displace, without lawful authority, any hitch- to allon gacross Si e swing across side- ing post erected or maintained said malntain Oa walks. no person shall hang, keep, place, have or allow to remain any gate, door or window shutter, in such manner , as to swing across or upon any sidewalk in said city. 0 ' 94 STREETS AND SIDIMAI.ICS, wIDTIT, F, I (/ t' How signs and SI'c. 4• No person owning Or OCCU inrr awnings shall be building py an} hung. premises or lot in said city, shall' ince or cause to be placed, maintain or cause to be maintained, upon anv street or sidewalk, in front of said building, premises or lot, any sign or aci. vertisement, or place any goods, wares or inc, (. chandise upon the sidewalk or in the street for exhibition, advertisement or other purpose, which shall project over or upon the inner li sidewalk more than two (z) feetne of the. . No hall suspend or cause to be Suspended, pperson isor suffer to remain, over or across any- street ma in t side- - walk in said city, any sign or advertisement, or hang or suspend any goods, wares or merchandise from or under any avenin„ shade or balcony, over any street or sidewalk in said city, or hang or Shall not hang SUS end any, S1<7 goods over side- P y �[I Or advertisement across'lin' walk. Sidewalk lh.}>. said cit Provided' that nothing in this section contained shall apply to the space of two feet in width next and adjoining any.store or place of business. iioiV high a w -n - Ings must be hung SFC. 5. All awnings extendinc atjdhow fastened. a OVeC any Side- walk or street in said city, must be suspended or placed on iron or wooden stays securely fastened to the building, and not less than ten feet above the sidewalk, and riot beyond the outer line of the sidewalk, and no person shall allow or per mit the lower edge *of any drop awning to remain suspended at an altitude of less than six feet above the curb of the sidewalk, and all drop awn - Ings. must at all times be kept securely fl.steneci to the curb so as not to swing sidewalk. upon or over the Animals must S 1 . 6. lot be lett unhitch CNo person.shaIl leave standing in any street or alley of said city, any horse or work - animal, attached or hitched to any wagon, buggy, cart or other vehicle, unless attended by some STRPr,TS AND SIDF,wALNS, 'WIDTII. ETC. 95 lr rson of suitable age and discretion, or hitched or fastened in a good and substantial manner; priziidded, that this section shall not apply to per- sons engaged in the business of delivering goods, ~cares or merchandise, while actually engaged in said business. ti Src. 7. No person shall raise or fly any kite fust not fly kite or play at, or participate in any game of ball on ° Play ball - any street or alley in said city. SEC. S. Whenever the free passage of any Crowds a Crowd ove when direct street or sidewalk shall be obstructed by , ed by officer. (t!xcept on occasions of public meetings) the per- sons composing such crowds shall disperse or move on when directed to do so by a peace officer. SEc. 9. No person having the possession of velocipede must not be run on side - any velocipede, horsecart or other vehicle, shall walk. run or permit the same to be run on any sidewalk in the said city. Sic. Io. No person shall ride drive, lead or Horse must n°t e on sidewalk. tic any horse, mule, or other animal, on any side - «alk nor shall any person allow his horse, mule, wagon or other vehicle to Stand upon the crossing of any street walk in said city. r--� SIC. I I. No person upon any sidewalk in Must not carry said city shall carry a basket or baskets, bag or on sidewalk any- thing suspended bags suspended from or attached to a pole upon from pole. 1 or across the shoulder. And no person upon any sidev, alk shall carry any rubbish, filth, or garbage so as to be offensive to pedestrians. SEC, I2. No person shall throw or deposit must not deposit upon any Street, highway, or ground, or upon any rubbish on street. any private premises or anywhere in said clty, ex rept in such places as may be designated by the Superintendent of Streets, any glass, tin, broken ware, dirt, rubbish or filth. 96 STRI$rM AND SIDRwALKS, wIDTII, ETC. Must not Obstruct SFC. 13• No person Shall place., or Cause street or sidewnlg for more than one upon any street or Sidewalk 1 placed anywhere tU i hour• said city, or shall suffer to remain on any stre;.t or sidewalk, anything which shall obstruct ti:e free passage of said street or sidewalk for more than one hour at a time; provided, that this sec tion shall not apply to goods ormerchandise in actual course of receipt, delivery or removal, o- to hitching posts or watering troughs erected and maintained by permission of the Board of Trus- Must.not occurp• tees, or to ornamental trees on the outer line of :Wore than halt tttc the sidewalks, or to lam width otstreet. 1 posts, hydrants, tele- graph or telephone poles erected by permission of the Board of Trustees, or materials being used M the construction or repair of any building if SLICII material shall not occupy more than one-half of the whole width of the street in front of such building. Shall 'tot injure SEc. 14. No person shall injure or destroy- property ocltyorextinguish an property belon(rinm toc't}'orextin extinguish y y J J t0 the said city, Or sh rfl lights. extinguish any lamp or light maintained for pub- lic convenience or safety within said city, without lawful authority. Shall not disturb SEC. 15. No person shall in any manner or treetwitltontlaw- for any purpose break, dig '' a°"'°ri`y' up, disturb or under- mine any part of any street or alley in said cit), or break, destoy, remove or injure any bride, or any part of any bridge within said city, with- out lawful authority, or take or remove any lum- ber, earth, stone or other material used, or to be used, or which has been used in, or upon any bridge or street in said city, without lawful au- thoritv. nst place'bar- SEc' 16. Whenever. anypersonshall with per- saround work mission of the. Board o treet and light f Trustees, or with other fight. .authorityto dig up, or excavate any part of any street of said city, or place any obstruction in any STRI'4FTS AND SIMWAI.KS, WIDTH, VTC. 97 street of said city, they shall erect around the ,ame a good and substantial barrier and shall maintain at each end of said excavation or ob- smiction a light from sunset until sunrise each 21, ni;l;t cluring the whole time that such obstruc- tion or excavation shall remain. Sr:c. 17. No person having the control of any shall not a>ll lkapou, cart, or other vehicle, shall allow the same wagon to stand in front of house. t,> remain or stand for a length of time greater than one hour, in front of any store, dwelling house or other building, without the consent of the owner of such store or building. Src. is. The owner or occupant of any real Drive down nails property of .said city where wooden sidewalks are or may hereafter be laid, shall drive down and beep driven down even with the upper surface of sidewalk, all nails or spikes used therein. 31t, not let wa- ST,C" rg. No person having Control of any terruusnacrossside- nater pipe, drain or spring shall permit the water wall:. therefrom to run across upon any sidewalk or street in ,aid city, upon the surface thereof. Src. zo. No person shall deface, remove, in- `Inst not deface jure or ' intelligence or Sign destroy, any sign,news, L,ulletin board, or use such board to post or post thereon anv notice, device or other matter with- out the consent of the owner of the board.And I,() person shall paint or post any notice, picture, device or advertisement upon any building, wall, or fence within said city, without the consent of theowner of such building, wall, or fence. bench - 1,'C,. Zz. No person shove all remove, injure, de- Piustace not bench- . or. deface bench - face, or destroy any monument or . benchmark mark or mourn- ~ erected or placed by the City Surveyor or Engi ment. neer;provided, that if it shall become necessary to remove any such monument or benchmark, notice of such necessity shall be given to such os STRE-F.TS AND SIDI-WALKS, WIDTH, ETC. Citv Engineer whose d;.[tv it shall bL- to rcn;ove the same and to replace it in its original position as soon as the object for which it was rernored has been attained upon the person request' said removal pavin; all costs and expenses In such removal and replacing. of Sr:c. 22. No person or T'etegraph and I C0CpOratl0n shall erect telephone Win:; or maintain or cause to be erected or malntanleil niust be twentyfi"e feetabovesictewalk within the fire limits ofsaki cit , an or telephone wire at a less distance than`t"c 'I five feet high from the sidewalk nor shall ani - such wire be attached to any house without the consent of the owner. (See Ord. NO. 41.) condtruct,d. how Src. �a. All sidewalks constructed within the said city shall be at the outer eche of the curb of such sidewalk at the same height or grade as the crown of the official grade of the street in front of said sidewalk, and all sidewalks shall slope towards the center of the street at a rate or slope: of not less than one-sixth of an inch nor more than one-fourth of one inch to each foot of the width of such sidewalk. All sidewalks shall be constructed of suitable material andin a 01001!and workmanlike manner, to the satisfaction of and to be approved by the Superintendent of Streets. If built of lumber the lumber used must be not less than two inches in thickn,:ss, [aicl upon redwood stringers not less that four inches sq care. _ Persons must not rect sign post on SEC. 24• No person xeet Nvithoutper- Shall erect Or maintain OC !fission -cause to be erected or maintained any hitchin,, post, sign, sign post, -barber pole, waterin trou;h, telegraph or. telephone pole, along or upon, or it an sidewalk or street in said city, unless permis- cion trst obtained from the Board of Trustees who may at their pleasure revoke said, permission by resolut'on entered on their minutes. 1 STREETS AND SIDEWALKS, WIDTH, ETC. 99 Ste. 25. It shall be the duty of the occupant of each lot and the owner 'of each unimproved lot Fronting on either side of Monterey street between Otos and Nipomo streets, Higuera street between Court and Nipomo streets; Court street between �Tonterev and Higuera streets, Morro street be- tween Monterey and Higuera streets; Chorro street between Monterey and Higuera streets; Broad street between Monterey and Higuera streets; Nipomo street between .Monterey and Higuera streets, to clean and cause to be cleaned the street fronting on such lot as far as the center line of such street by 'collecting and piling the dirt and rubbish in the center of the same on or before four o'clock p. m. on each and every Sat- urday. SEC. 26. Any person who violates any pro- visions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall J0000— be punished by a fine in a sum not exceeding three hundred dollars, or by imprisonment in the cityjail not exceeding ninety days. SEC. 27. All ordinances and parts of ordi- nances in conflict with the provisions of this ordi- nance are hereby repealed. SFC. 28. This ordinance shall take effect and be in. force from and after its passage and ap- proval. (Approved October 12th, 1885.) ORDINANCE N0. 33. Concerning Cleaning and Caring for Streets and Sideu,alF; in the City of San Luis Obispo. The Board of Trustees of the City of 4_ Luis Obispo, do ordain as follows: Clean streets and sidewalksotgrass, SECTION I. It shall be duty Of the Owner, OCCi_7_ weeds, etc. pant or person in charge or control of each impro';-- ed lot or lots and the owner of each unimproveu IcLt or lots fronting on any street or streets in the cit.; of San Luis Obispo in actual use as often as i reasonably necessary, at—hl�� s o`wii expense a11, without notice or demand, to clean away anti in- tercept the growth of all grasses, weeds and ve- etable matter of any and every kind whatever. being or growing on the streets and side%valks iri front of his lot or lots. Duty of street Superintendent to SEC, 2, It shall be and it is hereby expressly' enforce ordinance, made, the duty of the e Superintendent of Streets' in and for the city of San Luis Obispo to pay at- tention to and carefully and thoroughly loc&'after the enforcement of and to enforce all of the pr,)- visions of section one of this ordinance and if the Superintendent of Streets discovers or knows of any lot or lots in front of which the streets and sidewalks have not been cleaned and cared for as provided in section one of this ordinance, the -Must give written Superintendent of Streets shall at once give the ❑otice. owner, occupant or person in charge or control thereof, written notice to clean and care for the same within five days from the date of notice. Board of Trustees SEC, 3,. If the owner, occupant or person in Lay clean lot when irties fail to do so. Charge of said lot or lots fail, refuse or neglect to clean and care for the streets and sidewalks in front of their premises for the period of five days after being notified so to do,, the Board of "Trus J - CLEANING or STREETS.. IOI tees of the City of San .-Luis Obispo . may cause the street or sidewalk, or both, cleaned and cared for and the owner or occupant, of such premises shall be severally liable to the city of San Luis Obispo for the expense in cleaning and caring_ for the street and sidewalk in front of such premises and the expenses so incurred shall be a lieu upY�on liable of lot t" liable for cleaning. the land and premises in front of which the streets, and sidewalks have been cleaned and, cared for. SEC. 4. When there is—no person occupying -How notice may the premises in front of which streets and side- be given in some cases. walks are sought to be cleaned , and cared for the Street Superintendent may serve the notice here- inbefore provided for by posting a, copy of the same upon such. prerdises. SEC. 5. It shall be and it is herby made the Superintendent of Streets shalt duty of the Superintendent of streets to make make complaint. complaints against airy one violating any of the provisions of this ordinance. SEC. 6. -,Anv person who violates any pro Repealing clause, vision of this ordinance shall be deemed guilty of a misdemeanor, .and upon conviction thereof shall be punished by a fine in a sum not exceed- ing three hundred dollars, or by imprisonment in the city jail not exceeding ninety days, or by both , such fine and imprisonment. SEC. 7. All ordinances and parts of ordi- Penalty' nances in conflict with the provisions of this ordi- nance are hereby repealed. SEC. S. This ordinance shall take effect and be in force from and after its passage and ap- proval. (approved June 11, 1887.) ORDINANCE NO. 4. Relating to Labor of Prisoners. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: Marshal must SECTION I. It shall be lawful for the Marshal work prisoners to take any and all prisoners confided in the city jail for violation of the city ordinances, or for the non-payment of any fine imposed for the viola- tion of such ordinances, and put them to labor, in charge of the Superintendent of Streets, or other proper person, on the public streets, or -squares or' other public places within said city, and any prisoner whilst employed outside of the city prison on any public work, who escapes whilst so em- ployed, or whilst going to or coriminj from said work, is guilty of a misdemeanor, and upon con - Prisoner escap- vlctlon thereof, shall be punished- by fine of not Ing while at work guilty of misde- more than three hundred dollars, or by imprison-. meanor. ment in the city prison not'more than ninety days. SEC. 2 Any person undergoing, or serving Prisonerrefiising OUt a term of imprisonment in the city prison, to work guilty of - misdemeanor. who refuses to labor or does not labor on the public streets -or works when so required, shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not ex- ceeding three hundred dollars, or by imprison- ment, in the city prison for not exceeding ninety days; and the Marshal is hereby empowered and required to teed any refractory prisoner, or pris- oners, on a diet of bread and water during the Feed refractory time such prisoner, or prisoners, refuse to -labor and water.. Prisoners bread or does not labor on said public'streets, or work when required, and the Marshal may use any measures he may deem necessary- to prevent the LABOR OF PRISONERS., 103 escape of any prisoner, or prisoners, while at work outside such prison. SEC. 3. Any person who shall speak to, or in Must not speak any way or manner correspond with any prisoner to prisoners. while said prisoner is at work, or while such pris- oner is on the way to or coming from such work, without the permission of the Marshal, or other officers having charge of such prisoner, shall up-, on conviction thereof, be fined in a sum not ex- ceeding three hundred dollars, or be confined in the city jail not exceeding ninety days. SEC. 4. All ordinances and' parts of ordi-_ Repealing clause nances in conflict with this ordinance are hereby repealed. SEc. 5. "Phis ordinance shall be in force from In force and after its passage and approval. (Approved March 24th, 1884.) ORDINANCE NO. 39. Ordinance Prohibiting Veterinary Hospitals Within City Limits. / k000�, o veterinary ' SECTION r. No person shall establish or main - Hospital within tain d veterinary hospital, or carry on the busi- limits of the cit ness of veterinary surgeon; within the limits of the city of San Luis Qbispo. (Ord. No. 92.) Person guilty ofa SEC. 2. Any person violating any of the pro- misdemeanorshallvisions of this ordinance shall be deemed guilty be punished of a misdemeanor, and upon the conviction there- of, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail 'not exceeding thirty days, or by both such fine and imprisonment. Ordinance take SEC. 2. This ordinance shall take effect and be etre``. in force from and after its approval and publica- tion. (Approved Oct. r, r888.} An ordinance Regulating Wash Houses and Laundries and Prescribing their Limits. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: Unlawful to car- SECTION I. It shall be unlawful for any person ry on Laundry within fifty feet of or persons to carry on, or conduct, or. work in business house, - within the follow any wash house or laundry in any wooden build- ing limits or to ing or structure within fifty feet of any business lease or let• house, dwelling or stable within the following hinds or boundaries, or to lease or let any such wooden building for such business within fifty feet of any business house,. dwelling, or stable, commencing at the intersection 'of the centre lines of Nipoimo and Marsh streets thence N 53 7 min. E along the centre line of Marsh street to its in with the centre line of Osos street; thence N 36 22 min. W along the centre line of Osos street to its intersection with the centre line of Monterey street, then N 26 32 min. W along the centre line of OsOS street 275 feet; thence S 53 7 mill. W parallel with the centre line of Marsh street to the intersection with the centre line of _Nip Dmo street; thence S 36 53 -min. E 125 32 feet along the centre t to its intersection with the line of Nipomo stree centre line of Monterey street, thence along the centre line of Nipomo street S 36 53 min. E to intersection with the centre line of Marsh street and point.of beginning. SEC. 2. Any person violating any of the pro- Person violating visions of this ordinance shall be deemed guilty Provofaismioinssdemguilty b eanor of a misdemeanor and upon conviction shall be punished by a fine. punished by �L fine not exceeding $ioo,oi by im- I08 HOUSE DRAINING AND PLUMBING. lowed except on a written application of such owner or anent. Notice must be SEC, 5• Notice must be given at the office of given twenty-four the Superintendent of Streets twenty-four hours hours before any public street call before any street can be opened .for 'the. purpose be opeued for pri- vatedrain. of laying a private drain, and no work can be commenced or continued unless the permit for do- ing the same, as provided for above, has been given, structed in open n All diains con SEC. (• All dCalns or sewers must be co - trenches, structed 'in open trenches; and in openinga trench for any drain the excavated material must be placed so as to cause the, least practicable incon- venience to the public, and as little as possible of the trench must be dug until the junction piece or branch in the street sewer is found. The sides of the trenches that -will not stand perpendicular must be properly braced and sheeted to prevent caving. jnf-orniation giv- SEC Such lnfOrmation as ay be obtained e, to applicents. �• m from the maps in the'City Engineer's office as regards the location of such junction' or other openings in, the street sewers will always be given to applicants, but at their risk as to the accuracy of the same. All pipes laidnni SFC. 8- All drains or pipes must be laid in a f°r"""clina`ion_ uniform inclination or gradient fi-oni the street sewers to any point of the premises connectin, with water closets, kitchen or other drains of not less.than one-half an inch in two feet, and for cel - Jars or other drains to receive water only, not less than one -quarter -of an inch in two feet. SEC. 9. All joints of stone -pipe drains must An joints with Portland cement, be made •with Portland cement, and the inside of every drain after it is lurid must be made and left smooth and 'perfectly clear, throughout its entire HOUSE DRAINING AND Pi,U'I1"NG. log length, and to insure the same it scraper of suit - he shape of the pipe and slig able materiel of tht- Iv less In diameter must be drawn through each all joints tnu+t length of of pipe after'the same has been laid. All l,e ,,,a(Ie water. joints must be made water tight. 111 all cases "gl'` where the trench for a stone -pipe drain passes through quicksand or other unsafe or slushy ;round, the said drain pipe must betided upon a layer of six inches of well compacted clay, and after the joints of the pipes have been cemented as provided for above, must be coated entirely Of clay not less than four inches thick, the clay to form a compact body, excluding effectually all quicksand and dirt from the pipes. SEC. 10. I n case it shall be necessary to con- In case connect with the public nect a drain pipe with the public sewer where no sewer. junction is left in such sewer, the connection in such sewer can only be made under the special supervision and direction of the City Engineer. SEC. I 1. For all drains extending from the All drains C heeling laid tinder sewers to the premises or buildings, or connecting the buildings, vit- rified stoneware with the iron pipes to be laid under the buildings, pipes as provided in section 15' of this ordinance, vitri- fied stoneware pipes, four to five inches in diam- ger pipes shall only be used eter will be used. Lar by a special permit of the City Engineer and Street Superintendent. er the SEC. 12. Drains placed under the floors of Drains nnducted floors cofistructed fine basements or cellars for the purpose of drain- gravelulorbaZr cul- ing, underground water may be constructed o tnral dram -tile. suitable fine gravel or agricultural drain tiles, I Y, to 2 inches In diameter, laid in trenches t Y to covered with well comot cted clay 2Y2 feet deep, her desir- or earth. At the .terminus, or at any such able place outside or under the building, , ghtly drains must be connected with a small ti which covered brick basin or iron' box, from 110 HOUSE DRAINING AND P1,17111131 NG. Suchdrainsmust a pipe connection consist' IC Uf 2 t0 -inch be connected with n a basin. stone -pipes will be extended to the street or house sewer, the said pipe connection to be trapped at the basin with a suitable flap -valve, and also to be ventilated into the vent -pipe of the building. An pipe -drains SEC. 13. All pipe drains shall be laid fair and truetoline. true to line and grade upon secure foundation. It is recommended to place at unavoidable angles or turns in the course of the drain, outside of build- ings, a curbed and tightly closed iron box or suit- able brick manhole, .affording access for examina- tion and cleansing of such drain. sol- SEC.Back-filling 14. The back fillings over drains after they are laid must be solidly rammed and pud- died within the public street, and all roadway material or pavement must be properly replaced to the satisfaction of the Streets Superintendent and the owner of the property shall keep in re- pair any settling of the ground which occurs within one year on account of the laying of such drain. All gas and water pipes must be protected lightsdisplayed gs from injury or settling. At all openings of such trenches lights must be displayed when left open over night, and all other necessary precau- tions to guard the public against accidents must be taken by the owner of the property laying such drains. SEC. 15. Drain and soil pipes, through which i . and cash iron Soil water an ppes d sewerage is to be carried, .shall be of pes when within a building. cast iron when within a building, and extend not less than three feet beyond the front walls of such buildings if such building is erected on the line of the street. They shall be not less than four inches in diameter, sound, free from holes or other defects and securely ironed to walls, laid in trenches to uniform grade; or suspended on floor Suspended where timbers by . strong they maybe readi- iron hangers, where they may ly inspected' be readily inspected at any time, and also be sup- HOUSE DRAINING AND PLUMBING. II1 plied with an 'accessible cleanout either outside or inside of the foundation wall of the building. And also that the said soil pipes be extended and carried undiminished in size above the highest point of the roof to it height of not less than two feet. 'chat all changes in direction be made with curved pipes, and connections with other pipes be made with Y branches. When the house drain or soil pipe is placed outside the building lines, `NIC11 pike is or where there is an open space of four feet i rifiei sto,el`Pipes- height under the house, such drain may be vitri- fied stovepipes, Where the soil pipe passes through or under the foundation wall of a brick building it must be carried through an arched opening to prevent its being d isplaced or broken by the settlement of such wall. SEC. 16. No trap or other obstruction to the efree toNV of io the free flow o. free. flow of air'throu;h the whole course of the allowed. drain and soil pipe will be allowed. SEC. 17. Sewer soil pipe or waste pipe venti- lators shall be constructed of brick, sheet, metal, Ventilators, or earthen ware, and rain water leaders or chim- ney flues shall not be used as such ventilators. SEC. 18. No steam exhaust shall be connect- No steam ex - haunt connected. ed with any drain, communicating with a public sewer. SEC. 19. A grease trap shall be constructed Grease be constructpdhal] under the sink of every hotel, eating house, res- taurant, and public wash house, and suitable catch basins must be provided by fruit or meat packers and lard rendering establishments. (Ord. No. 62.) SEC. 20. All stone -pipe drains shall, after be- Ston -pipe drains inspected by City ing laid, be allowed to remain uncovered until in Fngineer, spected by the City Engineer. SEC. 21. Every sink, basin, bath tub, water closet, slop hopper and each set of trays - and ' II2 HOUSE DRAINING AND PLUMBING. Every fixture every fixture having having waste a waste pipe, shall b' aluriiipipe fur - shall trpshed nished with a trap, which shall be placed as near as practicable to the fixture for which it is intended, and such traps. be protected from siphonage or air pressure by special vents or air pipes extending from the crown of the trap, and be of the size not less than waste pipe, but air pipes from water closets should not be less than two-inch bore for thirty feet or, less, and not less than three-inch bore for more than thirty feet in length. Air or vent pipes should run as direct as possible, and be not less than four -inch bore where they pass through the roof. Waste pipes not SEC. 22. Drip of waste' pipes from refrigera- be connected with drain unless trap tors or other receptacles in which provisions or suitably ventilated fruits are stored shall not be connected with the drain or other waste pipe, unless such waste pipes are provided with traps suitably, ventilated, and in every case there be an open tray between the trap and refrigerator. All waste pipes from all inter- ior plumbing exclusive of water closets, discharge in an open trap hopper outside of the building. );very water clos- SEC. 23. Every.water closet, or line of water et supplied with closets on the same floor, shall be supplied with Water' water from a tank or cistern, and a flushing pipe be not 'less than one inch in diameter. Drip or overflow pipes lead or SEC. 24. Drip or overflow pipes from safes wroughtiron. ,.. under a bath,: urinal tank, water closet, or other fixture shall be drained by a special pipe of lead or wrought iron to some place in open sight, and in no case should any pipe be connected directly with the drain, waste pipe or soilpipes. When not more SEC. 25. When not more than one water ` than one water closet air pipe closeVon the basement and first floor of a build - wrought iron. ing,connects with a line of soil pipes, an air pipe of cast or wrought iron 2 z inches in diameter ex- tending two feet above the ridge of the roof or fire walls, shall be used. HOUSE DRAINING AND pI,UlJBING. 113 uil ig SEC. 26. All leaders, SOLI, waste, OT air pipe, Atl of bpi}�enshall s inside i�lside of a building before being Covered up shall be tested. be tested by having all openings stopped and then filled with water. The test to be made in the presence of the City Engineer. SFC. 27. All provisions of this ordinance shall This ordinance shall have equal have equal force and application for <111 WOTI: force for work here heretofore done as for wort: to be done in the fu_ toforedone. tve; and ,ill house drains, plumbing and sewer connections heretofore made shall be made to conform to the requirements of this ordinance. SEC. 28. The City Engineer shall examine all city $ugineer p'^.ns and accompanying SpeclficatlonS, and if In examine all shall plaus. accordance with the provisions of this ordinance he shall issue a permit for the work to go on. Any plan or specification that does not con- form to the provisions of this ordinance shall be by the City Engineer presented o zhe Commit- tee on Streets, and if not the -1 approved by said committee, shall be- returned to the parties present - in; them with a note explaining the corrections necessary to have them comply with the provis- Street snperin- ions of said ordinance. The Street Superinten- tendent Sha„ ex - dent shall examine all drain work before the same amine all drain work before same is enclosed or covered up, and if found to have is enclosed and shall issue certifi- been done in accordance with the provisions of Bate. this ordinance and the plans and specifications filed, he shall issued a certificate to that effect. SEC. 29. All pipe drains to be laid from build- All p;dp e drains ings and connected with the public sewers shall pub,ccsewers shal be laid by drain layers to be licensed by the Coln- layer ttobeliceised neon Council of said city. Applications'for license shall be filed with the City Clerk, showing the ap- plicant to be a resident of the City of San Luis Obispo, and stating his qualifications to perform work. Before any license shall issue, the person so licensed shall file a bond in Before any such li- cense issue a bond. the sum of five hundred dollars, with two good and sufficient I14 HOUSE DRAINING AND PLUMBING. sureties, to be approved by the president of the - Board of Trustees of said city, conditioned for a faithful performance of the provisions of this or - No licensed drain dinance, so far as the same shall relate to work to la er shall other person to ruse be by him performed. No licensed drain layer his name. shall permit any other person to use his name or license for the purpose of obtaining permits to do, or for doing any work under his license. Every journeyman plumber doing business or carrying on his trade in said city shall register his name and Journeymen shall address at the office of the Superintendent of register w a h CityClerk nd la Streets of said city, and shall file with the City Clerk a bond in the sum of five hundr,-d dollars, to be approved by the Mayor, conditioned for the faithful performance of his duties as plumber. Said bonds shall be executed with two good sure- ties. All applications for registration shall be made upon blanks furnished by the Board of Trustees. Street Superin- SEC. j0. It is hereby made the duty of the tendent to see pro- Superintendent of Streets to see that the provis- visions of section one enforced. 1"s Of section one of this ordinance are strictly enforced and to notify all persons by written notice to make the necessary connections and do the necessary work. Such notice may be given by personal service on the owner of the property, if found within said city; or, if he cannot be found within said city, then by posting upon the prop- erty and delivering a copy to any person found in Pn erintendent possession of such property. - Said superinten- shall file monthly dent shall file monthly with the City Clerk a re - report. port to the Common Council stating the names of the persons who have thus. been notified, the date of service of the notice, and a'description of the premises to be connected. He must make a monthly report to the council of the number of applications received, the number approved .and rejected, also stating the number of examinations HOUSE DRAINING AND PLUMBING. I15 made, and where and by whom the rules have been violated, and to report such other matters as may be required by the, committee on streets. SEC. 31. If any person shall fail or refuse for a period of ten days after being notified as Person failing aforesaid, to make the necessary connections as forten daydent Street in section one of this ordinance provided, or for cato use connections the same period shall fail or refuse to comply with to be made. any of the provisions of this ordinance, the Street Superintendent, when ordered by the City Coun- cil, shall cause such connections to be made and work to be done, providing the necessary mater- ial and labor, at the expense of the owner of the property, which expense shall be chargeable against the property. Before making such con- nection or doing such other work the City Engi- neer shall make and deliver to the Street Super- intendent specifications of the work to be done and the material to be used, including all neces- sary water closets, urinals, grease -traps, hoppers and the like. The engineer's compensation shall be Engineer's coin - paid by the city in the first instance, and shall be pensation. repaid to the city by the person whose bid for the work is accepted; if no bid is accepted -it shall be col- lected from the property and owner, as hereinafter provided. On receiving such specifications .the Street Superintendent shall advert'se- for sealed bids to furnish the material and do the work, and shall specify therein the amount of the engineer's compensation. Such advertisement shall be made by posting in front of the City Hall of said city advertise'by Post five days before the day on which bids will be =ng. opened; and the advertisement shall name the day and hour when bids will be opened. Each bid shall be accompanied with a certified check, payable to the Street Superintendent, for the amount of the engineer's compensation, otherwise it shall not be considered. At the time appointed the Street ORDINANCE NO. 40. Fixing and Establishing Fire Limits. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: SECTION I. The fire limits of the City of San Pire limits of the Luis Obispo is fixed and established as follows, city o established s to wit: Commencing at the: intersection of the centre lines, of High and Islay streets of said city, and running thence northeasterly along the centre line of Islay street to its intersection with the centre line of Santa Rosa street; thence north- westerly along the centre line of Santa Rosa street to its intersection with the centre line of Buchon street; thence along the centre line of Buchon street, northeasterly to its intersection with the centre line of Essex street; thence along the centre line of Essex street, northwesterly to its intersection with the centre line of Pacific street; thence along the centre line of Pacific street, northeasterly to its intersection with the centre line of Johnson street; thence along the centre line of Johnson street, northwesterly to its intersection with the centre line of Mill street; thence along the centre line of Mill street, south- westerly to its intersection with the centre line of Essex street; thence along the centre line of Essex street, northwesterly to its intersection with the centre line of Peach street; thence along the centre line of Peach street, southwesterly to its intersection with the centre line of Chorro street; thence along the centre line of Chorro street, southeasterly to its intersection with the centre line of Mill street; thence along the centre line of Mill street and Mill street produced, _south- westerly to its intersection with the centre line of Stenner creek; thence following down the centre I16 HOUSE DRAINING AND PI,UlIBING. I treet s"peril- dent examine all 1 Su aerinteadent shall open and examine all bids and bids and accept the acce lowept the lowest by writing his acceptance on the back thereof; he shall also write thereon the tine within which work shall be completed,not exceed- ing :en clays (which time he may extend for ten days) and he shall retain such bid. Whenthe work is clone in accordance with the specifications, the Street Superintendent shall give the person whose bid was accepted a certificate of the fact; and thereupon such per- son may proceed to collect from the owner and property the amount 'of his bid with costs. Should no bid be made or accepted the Street Superintendent shall report the fact to the City Council, who may order re -advertisement or order the Superintendent to procure the material Costa charge in t1��orofoityagainst and cause the work to be done. In this latter property. event the cost (including the engineer's compen- sation) shall be a charge in favor of the city against the property and its owner, to be enforced by appropriate action. (Ord. No. 63.) SEC. 32. No person shall allow or cause rain No person allow surface water to or surface water to enter the public sewers, except enter the public sewers. by special permit of the Board of Trustees. Violation of the SEC. 33. Any violation of Bey. of the pro - pr inane of this Visions of this ordinance is - hereby declared. a ordinance's misde- meanor. misdemeanor, punishable by a fine not exceeding one hundred dollars, or by imprisonment not ex- ceeding thirty days. Ordinances d. SEC. conflict repealed. 34. All ordinances in conflict with this ordinance are hereby repealed. effectOrdinance take SEC- 35. This ordinance shall be published atter publication. such for two days in the San Luis Obispo Tribure, a publication. daily newspaper printed, published and circulated in said city, and shall take effect and be in force from and after such publication. (Approved Nov. 7th, 1892.) ORDINANCE NO. 40. Fixing and Establishing Fire Limits. The Board of "trustees of the City of San Luis Obispo, do ordain as follows: SECTION I. The fire limits of the City of San Fire limits of the uis Luis Obispo is fixed and established as follows, city of Batt rhea Obispo established to wit: Commencing at the intersection of the centre lines, of High and Islay streets of said city, and running thence northeasterly along the centre line of Islay street to its intersection with the centre line of Santa Rosa street; thence north- westerly along the centre line of Santa Rosa street to its intersection with the centre line of Buchon street; thence along the centre line of Buchon street, northeasterly to its intersection with the centre line of Essex street; thence along the centre line of Essex street, northwesterly to its intersection with the centre line of Pacific street; thence along the centre line of Pacific street, northeasterly to its intersection with the centre line of Johnson street; thence along the centre line of Johnson street, northwesterly to its intersection with the centre line of Mill street; thence along the centre line of Mill street, south - intersection with the centre line of westerly to its long the centre line of Essex Essex street; thence a street, northwesterly to its intersection with the centre line of Peach street; thence along the centre line of Peach street, southwesterly to its intersection with the centre line of Chorro street; thence along the centre line of Chorro street, southeasterly to its intersection with the centre line of Mill street; thence along the centre line of Mill street and Mill street produced, _south- westerly to its intersection with the centre line of Stenner creek; thence following down the centre 1I8 FIRE I,IDIITS. line of Stenner creek, southerly, to its junction with the centre line of San Luis Obispo creek; thence following clown the centre of San Luis Obispo creel:, southerly to its intersection with the centre line of South street; thence along the centre line of South street, southeasterly to its intersection with the centre line of Beebee street, thence along the centre line of Beebee street, northeasterly to its intersection with the centre line of High street; thence along the centre line of High street, southeasterly to the point of be- ginning. Ordinances in SEC. 2. All ordinances and parts of ordinances conflict repealed. in conflict with this ordinance are hereby re- pealed, in so far as they conflict. effect. SEC- stake SEC 3, This ordinance shall be published at least twice in the San .Luis Obispo Republic, a daily newspaper printed and published in said city and shall take effect and be in force from and after such publication. (Approved Feb. nth, 1849.) ORDINANCE NO. 43. Concerning the Fire Department of the City of San Luis Obispo. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: SECTION I: A fire department of the city of Afire department San Luis Obispo is hereby created which shall be li e r e b y created what to co istst of. known as the San Luis Obispo Fire Depai-linent and which shall consist of one Chief Engineer, a First Assista-it Engineer, a Second Assistant En- gineer, a Secretary, Treasurer and all such regu- larly organized fire companies now or hereafter or;anized in this city, as shall be admitted to said fire department by the Board of Trustees of the said city, on the recommendation of the Board of Delegates of the Fire Department, and which shall comply with the provisions and.requirements of this ordinance which shall have been or may hereafter be passed by this board. (Ord. No.. 88.) SEC. 2. Not less that 8 and not more that 20 Not less than S members shall be allowed to a Fire Engand not more thanine Com- 20 members. pany; not less than 8 and not not more than 20 shall constitute a Hook and Ladder Company; and not less than 8 and not more than 20 mem- bers shall constitute a Hose Company. SEC. 3. On the first Monday in January and secretary shall make out inventory July of each year, the secretary of each company of all property. shall make out and deliver to the Chief Engineer a full and correct inventory of all property of the city in its charge or under its control, certified by its foreman and secretary. SEC. 4. Repealed by Ord. No. 88, SEC. 5. An election shall be annually held by Election. -I Ito FIRS DEPARTDIrNT. the fire department of said city for the election of Chief Engineer and First and Second Assistant Engineers. Said election_ shall be held on the last Saturday in February in each year, at such time and place and under such rules and regula- tions as shall be designated by the Board of Del- egates for regular and special elections, and the officers then elected shall hold office until the first Saturday of March of the following year, and until the election and qualification of their suc- cessors. The secretary of the fire department shall notify each company in good standing of such election, and said notices shall be read in open meeting of each company at the stated meeting next -before said election, and a copy of the notice shall be conspicuously posted in each enCY gine house at least 5 days before an election. �� Proc--dure. 1V o person shall vote at any cy-eneral or special election provided for in this ordinance who has not been a certified member of said department at least 30 clays before such election, Said First and Second Assistant Engineer shall be elected from the members of the department in the same manner as is provided for the election of the Chief Engineer. At such annual election there shall be provided by the secretary of the depart- ment, a ballot box into which the members of the department shall deposit their ballots for Chief Engineer, First Assistant Engineer and Second Assistant Engineer. In all cases the person re- ceiving the highest number of votes for any office shall be elected. At every election whether regu- lar or special, the inspector shall be furnished by the secretary of the department, with the list of the names of the members of each of the com- panies whose members are entitled to vote at the election, which list shall be certified by the said secretary and as each member votes he shall an- nounce his name and one of the inspectors shall FIRr DEPARVMI KT. 12.1 write opposite his name on the list the word "voted" which list, together with the tally lists shall be returned to the secretary of the Board of Delegates. The poll lists and the tally lists for for all elections to be held under the provisions of this ordinance shall be furnished by the secretary of the Board of Delegates; also a ballot box therefor. No compensation shall be allowed to the inspectors of the said election. (Ord. No. 88.) SEC. 6. Repealed by Ord. No. 88. SEC. 7. In case of a vacancy in the office of VacChief Engineer, First Assistant Engineer or filled* ''�� Second Assistant Engineer, the vacancy shall be filled by special election; provided, that if such vacancy shall occur within two months preceding the time of the annual election, the Board of Del- egates shall fill such vacancy. A special election En - to fill the vacancy in the office of the Chief En- gineer, First Assistant Engineer or Second As- sistant Engineer shall be called in the same man- ner as a regular election, and the same notice of time and place of all special elections shall be given that is required for annual elections. (Ord. No. 88.) SFC. S. All elections held as provided for in flections shall this ordinance shall commence at 4 o'clock p. M. commence. and close at 9 o'clock p. in., and proclamation shall be made at the time of closing by one of the inspectors in a distinct voice at the polls, SEC. 9. As soon as any election shall close, the As soon as elec tion shall close in inspector shall proceed to count the ballots and eep s ector shall conn tally lists, and when the count shall have been com- ballots. pleted, the result shall be certified to by all the n duplicate and one certified Board of election, i poll list and one tally list shall be retained by the 122 FIRE DEPARTMENT. inspectors for one year after such election, and the other shall be delivered to the secretary of the Board of Delegates without unnecessary delay by one of the inspectors of said election. The number of votes received by each candidate for each office to be filled at such election shall be extended and written out in full. The ballot with the ballot box sealed, shall be delivered to the secretary of the Board of Delegates with the election returns. Canvass recti ns. SEC. Io. At its first meeting after the secre- /J tary shall have received the returns and the bal- /� lots at any election held under the provisions of this ordinance, for Chief Engineer or Assistant Engineer, the Board of Delegates of said fire partment shall. canvass the said returns and de- clare the result, a minute of which shall be entered upon the journal of the proceedings of the board, and the board shall issue certlLcates to those elected, signed by its president and countersigned by its secretary. Engineer, Assist- . SEC. I I. Each Engineer, Assistant Engi- ant Engineer, sec- neer, secretaryand treasurer, on receiving his retary, Treasurer shall take oath of certificate of election or appointment, shall take office. and subscribe to the Constitutional oath of office, before some officer authorized to administer oaths, which shall be endorsed upon or attached to his certificate and filed therewith by the City Clerk in his office. An officers shad SEC. 12. _ All officers elected at regular elec- hola for one year. t1Ons under the provisions of this order, shall hold for one year, commencing on the first Sat- urday after their" election and until the qualifica- tion of their respective legal successors, unless sooner removed from office for valid cause shown as hereinafter provided. Engineers I must - SEC. 13. The Engineers herein provided for have been active: members one year. must have been active members of the fire de- FIRr I)rrART1Ir T. 123 partment of said city at least one year previous to such election. SEC. 14. It shill be the duty of the Chief t sl al be duty of Chief Engineer Engineer and he shall have power: and he shall h' power. Ist. To superintend, direct, and control the- action he action of officers and members of the fire depart- llirect memUe s. went at all fires. 2d. To order the removal or destruction of any house or other structure, and to do and per- order the re- moval of structure. form any other act which may be necessary to stay the progress of fire. 3d. To superintend the affairs of the depart- Superintend the ment and see that all apparatus and supplies nec- affairs of Depart- essary for use at a fire are kept in good condition ment, and ready for use. .4th. To report to the Board of Trustees Report to Board quarterly on the third Monday of January, April, of Trustees. July, and October the number, location and con- ditions of cisterns, fire plugs and fire apparatus, and the state of fire company houses, and all property of the city in keeping of said depart- ment. Also all accidents by fire which may have taken place, with the causes thereof, and the de- scription of the property destroyed or injured, the names of the owners of the same and amount of loss and insurance; also such other information and recommendations as he may deem proper. He shall furthermore inquire into and report the causes of all fires. 5th. To suspend any company .for disobed- Suspend any fence of orders until action thereon can he had by company. the Board of Trustees. 6th. To take charge of all property belong- Take charge °f ing to the city and under the control:. of any dis- an property. banded or suspended company, and hold the same 124 FrRR MPARTmE;NT. subject to the directions of the Board of Trustees.' Sign all certificates 7th. To sign all certificates of membership . properly made out. Deliver to his 8th• To deliver to his successor in office all successor property. records, papers and property pertaining to his office. Act Warden. 9th. Fire 9th. He shall act as Fire Warden and see that all premises in the city are kept in condition of safety against fire. Noliability SEC. 15. No liability shall be incurred against against city. the city'on account of the fire department except as shall be ordered or approved by the Board of Trustees. Board of Dele- SEC. 16. The Board of Delegates of said fire gates may remove any officer. department may, for good cause shown and en- tered on its minutes, and after fair and ,just hear- ing, and trial had,'remove any officer elected or appointed under the provisions of this ordinance, or any member of this department. Reasonable notice of the charges preferred, and time fixed for trial, shall be given through the secretary of the Board of Delegates to the accused officer or member, before the trial shall be had. Chief Engineer SEC. 17. ,. The. Chief Engineer, if present, shall have control. have control and command of all operations of the department at. fires. If the Chief Engineer is not present at any fire the First Assistant En- gineer shall have such control and command, and if neither the Chief Engineer nor the First As- sistant Engineer is present, then the Second As- sistant Engineer' shall have such control and command. All the members of the fire depart- ment shall obey, '.he orders of the officers in charge at any fire, and it shall be the duty of all the companies of the department with their ap- DIRE DEPARVALNT. 125 paratus, and all of the members of the company, to turn out at any fire unless otherwise directed. (Ord. No. 88.) 1� Chief )~ngineer SEC. 18. The Chief Engineer shall tla\'e have charge of all charge, subject to the Board of Trustee ts, of ail property. property of the department. SEC. ICS. Every fire company hereafter organ- Every -Fire com- piny file a certifi- ized shall, before it is admitted into the depart- care• ment, file with the secretary of the Board of Delegates, a certificate showing: First: The date of its organization. Second: Names of its officers, when and for how long they are elected or appointed. Third: The time of the regular meetings and regular elections. Fourth: The names of all of its active members in good standing. Alike certificate shall be made and filed annual- A like certificate ly with the said secretary not less than 30 Clays filed annually. before the annual election. Such certificate shall be signed by the foreman-sigs.,l, crtifiente reman and secretary of each company.. (Ord. No. 88.) All Fire Com - SEC. 20. All fire companies and all members panies shall be sub - thereof, shall be subject to the rules and regula- ject to rules tions in this ordinance contained, or which may hereafter be established by said Board of Trus- tees. SEC. 2I. No person shall be a member of No person shall be a member who said fire department, or of any company of said isnotatleast IS. department, who is not at least 18 years of age. SEC, 22. None of the fire apparatus of said None of the fire apparatus shall be department shall be taken out of the city without taken ont of the the consent of the Board of Trustees, except in city. case of fire, and then only by order of the Chief Engineer, or Engineer in charge. SEC. 23. The fire. department shall be gov 126 FIRE DEPARTMENT, The Fire Depart- erned by a Board of Delegates who shall be ment shall be gov- erned by a Board knower as the "Board of Fire Delegates of the of Delegates. City of San Luis Obispo,'' and shall be elected from the several fire companies of the depart- ment at their stated meetings in the month of February of each year,, except the first, election of delegates, which shall be at the first regular company meeting after the adoption and publica- tion of this ordinance, and the delegates shall or- ganize on the first Monday after their election. Said board shall consist of three active members from each fire company in the department, and shall have exclusive charge and control of all matters appertaining to the government of said department, and shall have power to adopt such rules and regulations for the government of the same as shall not conflict with this ordinance. Said board shall meet for organization on the last Wednesday. of February in each year at 8 o'clock p. m., at the City Hall. Secretaryshallbe SEC. 24. A secretary (who shall also be secre- BoardofDelegat se tary of the fire department) shall be elected by the Board of Delegates immediately upon its or- ganization, and shall hold office on the last Wed- nesday in February of the year following or until his successor is elected and qualified. He shall issue certificates of active membership and of exemption of all members of the fire depart - merit who may be entitled to receive the same, and shall perform such other duties as may be provided in this ordinance, or in the rules and regulations of the Board of Delegates- Chief Engineer SEC. 25. The Chief Engineer shall be noti- shall be notified at b once of any neces- fled at once of any neces,ary repairs to houses, „- sorry repairs. apparatus, &c., and all communications to the Board of Trustees in reference to said. matters, shall pass through his hands for approval or dis: approval prior to coming before the board. ,i FIRE DF.PARTMVNT. I27 SEC. 26. The compensation of the Chief En- compensation of the Chief Engineer gineer for all services rendered by him both as shall be $25 pei Chief, Engineer and Fire Warden shall be $25.00 month. per month. SEC. 27. A treasurer of the fire department shall be elected at the annual meeting of the ATreeaas rer shalt be d. Board of Delegates. He shall take charge of and receipt for all moneys of said fire department and Board of Delegates, and shall perform such other duties as may be provided by the rules and regulations of the Board of Delegates. SEC. 28. Each company shall be allowed and Each Company allowed ten dollars paid ten dollars per month from the city treasury. SEC. 29. Any pe; son interfering with or ob- Any person in- structing the fire department at a fire, or going to terfering With Fire Department at fire or returning therefrom, shall be guilty of a misde- guilty of misde meanor and punishable by a fine not exceeding meanor. $ioo.00, or imprisonment not exceeding fifty days, or by both such fine or imprisonment; and such Iverson may be summarily arrested by any police officer or fireman upon the verbal order of the fire department officer in command at the fire. SEc. 3o. There shall be an engineer for the an her"egishall for fire engine,who shall be appointed by the Board of thefire engine ap pointed ,by the Trustees; to hold office during the pleasure of the Board of Trustees. board. Such engineer shall be ex -officio janitor of the City Hall and steward of the fire depart- ment. His compensation shall be at the rate of of sixty-five dollars per month, which shall be in full for all his services as engineer, janitor and steward. He shall 'reside within one hundred yards of the City Hall, and shall at no time ex- ceed one hundred yards therefrom, except on duty with. the fire engine; provided, however, that a r majority of the Board of T�istees, either by an order entered upon the minutes, or by a writing duly signed, may grant him leave of absence for 128 FIR$ D$PARTMI�NT. a definite time, upon him furnishing a substitute at his own cost, who shall be subject'to all the laws, ordinances and rules covering the engineer. *See Ord. No. 81. All ordinances SEC. 2, All ordinances or parts of ordinancs in conflict with this ordinance and In COnfliCt with this ordinance and with Ordi- 43 ordinance No nance No. 43, above referred to, are hereby re- pealed, in so far as they conflict. (Ord. No. 44.) It shall be nn- . SEC. 31. It shall be unlawful: lawful to cause a false alarm' Frst: To willfully cause a false alarm of fire. To mctilate or Second: To willfully mutilate or damage any damage property. property used by the fire. department. To use for pri- Third: To use for private purposes, or for any vatepurposes. purposes other than such as are necessary or con- venient for use of the fire department, any fire ladders, hose, trucks, engine or other apparatus belonging to or connected with the -fire depart- ment, Ti? take water Fourth: To take water from any fire plug, cis - during a are tern or other source of supply of this city for fire purposes, during a fire, except under the direction of an officer in charge of, or in command of the department. To drive across Fifth: To ride or drive any dray, truck or other hose. vehicle across any fire hose while in use, unless such hose is protected so as to prevent any pos- sible injury to it. Any personvio_ Sixth: Any person violating any of the provis- latin ,shed, gshallbepun- ions of this section shall, upon Conviction, be punished by. a fine of not more than $200, or by imprisonment not more than go days, or by both such fine and imprisonment. (Ord. No. 88.) This ordinance shall be published by posting, This ordinance and shall take effect and be in force from and shall take effect. after such posting. (Approved Dec. 2,. 1889.) ORDINANCE NO. 45. Fire Proof Buildings and Limits of. SECTION i. The following described portion The following of the city of San Luis Obispo is established described portion of the City of San and shall be known as "The Fire Proof Building Lnis Obispo is es- taished and shall District," and the rules and regulations herein- beblknown as "The Fire Proof Build - after contained shall apply to said district and to in; District." all buildings that may hereafter be constructed within said district; and also to all buildings now in said district when specially referred to, to wit: Commencing at the stone monument at the inter- section of the centre line of Nipomo street with the old center line of Higuera street (said monu- ment having been set by H. C, Ward, City Sur- veyor, in 1875 and 1876), thence S 36 deg 53 min E along the centre line of Nipomo street 12712 feet; thence N 53 deg 7 minutes E along the line that is parallel to, and distant S 36 deg 53 min E 127% feet ftom the old centre line of Higuera street (as defined by the stone monuments set by said Ward in 1875 and 1876) to the centre line of Morro street; thence N 56 deg 46 minutes E par- allel to the new southerly line of Higuera street (from Morro to Toro streets) and distant S 36 deg 14 minutes E go feet therefrom to the intersec- tion with the westerly line of Osos street; thence along the westerly line of .Osos street northwest- erly to a point on said line that is distant N 36 deg 22 min W 135 feet from the intersection of the old centre of Monterey street (as defined by the monuments set by H.- C. Ward in 1875 and 1876) with the westerly line of Osos street; thence S 54 deg 6 min W along a line that is parallel to and distant N 35 deg, 54 mins W 135 feet from - said old centre line of Monterey street to the in- tersection with a line that is parallel to and_ dis- tant N 53 deg 38 min E go feet from the easterly 130 FIRE PROOF BUILDINGS. line of Morro street; thence N 36 degs 22 mins W along said parallel line to the easterly line of Morro street to the intersection with the south- erly line of Palm street; thence along the south- erly line of. Pam street S 53 degs 38 mins W to the easterly line of Chorro street; thence S 36 degs 22 mins E along the easterly line of Chorro street to intersection with the southerly line of West Monterey street produced easterly; thence along the southerly line of West Monterey street `S ,3 degs 7 mins to the easterly line of Broad street; thence S36_ degs 53 mins E along the easterly line of Broad street to the intersection with a line that 'is parallel to and distant N 36 degs 53 mins W 12212 feet from the above men- tioned old centre line of Higuera street; thence S 53 degs 7 mins W parallel to said old centre line of Higuera street to the intersection with the centre line of Nipomo street; thence S 36 degs 53 mins E along centre line'of Nipomo street 122lz feet to stone monument at intersection of old cen- tre line of Higuera street, the -point of beginning. (Ord. No. go.) SEC. 2. - All buildings hereafter erected shall be Buildings here- brick or stone buildings: All others are forbid - after erected shall be briek or stone, den; p-ov dell, that what- are known, as "Iron Buildings" may be erected on obtaining a permit from the City Council. Foot Walls. SEC- 3. All foot walls shall be brick, stone -or concrete, not less than 36 inches in thickness and may batter up. ' Side and Party SEC- 4. All side and party walls shall extend walls. from the foot walls through and four feet above the roof. Said walls shall thoroughly separate all exterior and interior wood work—and the roof— from any adjoining building. The distance be- FIRE PROOF BUILDINGS- 131 tweea said side or party walls shall not exceed 66 feet. SEC. 5. All outer walls shall be of the fol- lowing thickness: For a one story building the basement shall not be less than 16 inches and the first story not less than 12 inches. For a two story building the basement shall not be less than 16 inches, the first story not less than 12 inches and the second story not less than 8 inches. For a three story building the basement shall notbe less than 20 inches, first story not less than 16 inches, the second story not less than 12 inches and the third story not less than 8 inches. For a four story building the basement shall not be less than 20 inches, the first and second stories not less than 16 inches, and the third and four,h stories not less than 12 inches. outer walls. one story. Two story. Three story. Vour story. SEC. 6. Party walls. For a three story build- Party walls. ing or less, each party wall shall be 20 inches thick for the basement and 12 inches for first and second stories and S inches for third story. For a four story building each party wall shall be 20 inches thick for the basement and 16 inches for the first story, 12 inches for the second and third stories, and eight inches for the .fourth story. Party walls to be solid brick or stone walls. Should openings be required in said walls they openings. shall not exceed 6 feet in width and shall have a sold brick arch formed with three rollocks, and shall have double wood doors covered with tin on Doors. side and edges at -each side of the wall; and not more than two openings shall be allowed in said walls for each story. 7 If a corner building add four inches corner building. SEC. here Front or rear walls ; to any bearing walls having openings. W front or rear wall carrying joists or timbers add four inches. If a building is over ioo feet in 132 FTRI� PROOF BUILDINGS. depth, without cross walls, add four inches to all Interior cross walls 12 inch bearing walls. Interior cross walls may be four inches less th n bearing walls, but must Divisions walls. be 12 inches. Division walls same as outer walls. If they support floor timbers on both sides, same Fire walls. as party walls. Fire walla shall be 8 inches thick above roof. All partitions in the basement and Partitions first story shall be of brick. All stud partitions shall have two rows of bridging in each story; Bridging.. said bridging shall finish flush ,with the face of the studs, and if furring is used on brick walls the spaces between same shall be stopped twice each story with pieces of equal thickness to break the Roof.draft, The roof shall be covered with metal, or with asphaltum covered with gravel or with some fire proof material. No brick or stone walls shall . Stringersofwood be supported upon stringers of wood, and no. stone or iron steps shall be set upon wooden car - Height. riages. The height of the building shall not ex- ceed four stories above basement. Inverted brick SEC. 8. Inverted brick arches. All exterior arches• columns, piers, and jambs of openings shall be supported by inverted brick or stone arches in all buildings above one story. Materials. SEC. 9. Materials. No swelled or refused brick shall be allowed in any wall or pier; and brick used in the construction, alteration or re- pair of any, building or part thereof, shall be Mortar. Z!, hard, well burned brick The mortar used in the construction, alteration or. repair of any building shall be composed of lime or cement, mixed with sand in a proportion of three of sand to one of lime, and two of sand to one of cement; and no lime or sand mortar shall be used within 24 hours after being mixed. No inferior lime or cement shall be used; and all sand shall be clean, sharp grit and free from loam; and all joints and all walls shall be entirely filled with mortar. A . FIRE, PROOF BUILDINGS. 133 SEC. io All side or party and front and rear walls of any building 15 feet high or more shall `V An side or Party be built up and extended at least four feet above the roof; provided, that where partition walls are carried up or where mansard or French roofs are built the partition and division walls shall be car- ried at least 4 feet above the roof. And where a mansard or French roof, or a roof having 3o deg pitch or over, shall be placed on any brick build- ing the same shall be constructed as follows: The. RoorShanbecon- roof shall'be covered on the outside with metal, , tructed how asbestos being placed between the metal and boarding, or with cement laid on wire lathing, or with tiles, and lathed with iron laths, or wire lathing and finished with 3 good coats of the best lime mortar on the inside. If there is a level platform over the sloping sides, then it shall be constructed in the same manner as before men- tioned for the sloping portion. The coverings of all steeples, towers and turrets shall be of fire proof material. SFC: I i. No person shall build a bay or oriel window which shall project over the line of Bay or oriel win - any street more than three feet, or more than g dow. in width, nor shall the bottom of said bay or oriel window be less than thirteen feet from the side- walk. No bay or oriel window shall be- con- structed upon any street, lane, alley, or place less than 35 feet in width. No swelled front shall be 6wd1edfro111. erected unless the walls are entirely of fire proof material, and no bay or oriel window shall pro- ject from any swelled front. Bay or oriel win- dows constructed in brick buildings shall, for, a two story building, have piers of not 'less than six feet in width between them, and for a four story building the pier separating said windows shall' not be less than eight feet in width; and no bay or oriel window shall be more than four stories in Q4 FIRE PROOF BUILDINGS. height above the sidewalk. No bay or oriel win- dow shall be erected on the corner of 'any brick building. The joists of bay windows shall be supportedshall be supported on lintels of iron on each story, said lintels to be the full width' of the wall and rest eight inches on each jam, -and the top of the opening shall be covered with a brick or stone arch. The exterior frame work of such bay win- dow or oriel windows shall be covered with fire- proof material. No cornice or SEC. 12. No cornice, entablatures, belt courses, wood placed on wooden awnino-s or other ornamental projections any brick building. b of wood shall be placed on any brick' building. All exterior cornices, entablatures, belt courses and other projections of an ornamental character shall be constructed of some fire -proof material --if of iron to be riveted together with rivets not more than two inches apart—and shall be sup- ported on wrought, iron brackets built into the wall at distances not to exceed two feet apart; and in every instance the greatest weight of stone, iron or other material of which they shall be composed shall be on the inside of the outer line of the. wall on which they may rest—in the pro- portion of four of wall to two of cornice in weight. Allowance must be made for the excess of leverage produced by, the projection -of cornice beyond the face of the wall. All cornices shall be well secured to the wall with iron anchors, in- dependent of any wood work; and in all cases the wall shall be carried up to the planking of the roof; and when the roof is below the cornice then the walls shall be carried up to the top of the cornice, or the blocking over the same, and shall be coped with some fire -proof material. All wooden cornices or gutters on brick buildings that are now or may hereafter become unsafe, shall be taken down and reconstructed of some ■ FIRV, PROOF BUILDINGS. 135 fireproof material, upon an order from the City Council. SEC. 13. All brick -anti stone buildings here- Brick buildings after erected more than one storyin height shall shallhereft a erected J shin have doors have doors and shutters made of two thicknesses and shutters. of wood and covered with tin, on every window or entrance that is within thirty feet of any oppo- site or diagonally exposing building. Same shall be hung on the outside of the building upon iron supports, and above, the first story shall be so ar- ranged as to be opened from the outside. One door in the front and rear of each store— in first story or basement.—shall be fastened with a lock only. Any building already erected shall be changed to conform with the requirements of this section, if it shall be deemed necessary by the City Council. SEC. 14. The openings through or upon each 4openings through floor of any building in which there is a hoist or or upon each floor, elevator car not running in a shaft shall be pro- tected by sufficient gates, and shall also be closed at each floor by sufficient trap doors, to be closed at night; and every elevator car and hoist shall be provided with proper apparatus to prevent the falling of the car Or hoist In the event of any acci- dent to the ropes, pulleys or other hoisting appar- atus. All passenger elevators shall be run in a Passenger eleva shaft, which shall be formed with brickwork not tors. less than twelve inches in thickness, or it is to be formed of substantial frame work, each side of which shall be covered with smoke -proof iron laths or wire lathing and finished with three good coats of mortar, and said shaft shall pass up through the roof at least three feet, and shall be covered with a ventilating skylight;.; glazed with 136 FIRS PROOF BUIL DINGS. light glass. Doors in such shafts shall be cover- ed with metal on the inside, and so placed that they can be opened or closed from the inside, and shall be entirely under the control of the elevator operator. Openings for windows in such shafts shall not exceed three feet by six feet in size, one window to be allowed to each story, the frames and sashes to be of metal, glazed with prismatic glass. Open passenger elevators within the well -holes of fire -proof stairs are not prohibited if said stairs are enclosed within brick walls extending through the roof. Light shafts. Light shafts shall be formed with substantial framing, both sides of which shall be covered with smoke -proof iron laths or- with wire lathing, and finished with three coats of mortar. The frames and sashes in said light wells are to be formed with metal and glazed with thick glass. Scuttle framSEC. 15. All store buildings over one story' es. high, whether already erected or hereafter to be built, shall have scuttle frames, and covers or bulkheads shall be. kept so as to be ready for use at all times, and all scuttles shall not be less in size than 2x3 feet; and if a bulkhead . is used or substituted in any building in place 'of .a scuttle, itshall have stairs with a sufficient guard or hand- rail leading to the roof. The door in any bulk- head or any scuttle shall at no time be locked, but may be fastened on the inside by movable bolts or hooks. Skylights. - All skylights in frame buildings, not enclosed with substantial railings at least three feet high, shall . be protected with screens of No. io or heavier wire, the meshes to be not more than one and a half inches, such ,screen to be secured to FIR14 PROOF' BUILDINGS. 137 the sash and be kept four inches above the glass. All skylights placed in brick buildings shall be made of metal and glazed with glass not less than three -sixteenth of an inch in thickness. SEc. 16. All buildings which may hereafter be Chimneys. erected or altered or changed, where fire is to be or may be used, shall have chimneys of brick or stone attached to thein. In lieu of either brick or stone, all said chimneys now erected or here- after to be erected, or altered or changed, may have any kind of chimney for which U. S. patents have been issued, except terra cotta, provided that no patent chimney shall be placed on or attached to any buildings unless the name of the patentee and the date of the letters patent shall be stamped on each chimney, so that the same can be readily Chimneys of seen; provided, that whenever chimneys of either either brick or stone are used, brick or stone are used,or attached to buildings,the same shall commence on the ground and be carried up at least four feet above the extreme height of the building to which they are attached; and should such chimney be deemed unsafe to the building or buildings adjoining, by the City Council, they shall be carried up at least four feet above the extreme height of said building or buildings Chimneys in adjoining. All chimneys in present frame build- frame buildings ings shall be built so as not to .increase the size shall be built so as not to increase in from the foundation. When flues are built"in Size from n flue- tion. When flues all brick walls, the same shall be carried u at least be carriedlt a at p be carried up at least two -feet above the fire wall and subject to the fi ewawofeetabove same rule as the chimneys, and no flue or chim- ney shall have any joist or timber resting on or entering in the same further than will leave at least six inches between the end thereof and the Patent chimneys inside of the chimney or flue. All patent chim- standing on floor of st be neys standing on the floor of a building must be seton iron plate. _ g Seton iron plata set on an iron plate one-fourth of an inch thick, well secured to the floor. There must be an 13$ FIRE PROOF BUILDINGS, opening near the bottom of the chimney for the purpose of cleaning the same, with a cover to fit the opening—the cover to be smoke tight. A11 the joints to be -cemented, and when bands are used they must be filled with cement or plaster of Paris; so as to make them smoke and spark tight. When galvanized iron is used for bands, or for the outside of the chimney, it shall he the best NO. 24 iron, and the same riveted together, the rivets to be not more than three inches apart; all seems and joints to be smoke tight. When fire- places are built on the floor, they shall rest on trimmer arches, the header kept at least eighteen inches from face of chimney breast. The backs of all fire places shall be not less than eight inches No patent shim- thi ney shall be less patent No chimy ne shall be less than one than one and half inches from wood_ ainches 'and a half hfrom the woodwork; - the Open- work. ing in the roof shall be covered with cast iron plate or some other fire -proof m--lterial. No patent chimney on the inside or outside of a building shall be fastened to the laths or siding of the building, but shall be securely fastened to the studding or cross plates with good iron straps or rods, and in no case shall such patent chimney be suspended to any roof timber or floor beam, but shall be built from the floor up solidly, and of good, sound material in workmanlike manner. Every chimney or flue shall be pargeted on the inside with good parging mortar, or the joints shall be struck smooth on the inside and outside. SEC. 17. No smoke flues of brick shall be is smoke ane°t less than 8Y8 inches in the clear; for abakery the bricl� shall be less than 8x8 inches in the clear, oven fluesshall be not less than .1 2x r 2 inches in the clear; and for factories the flues shall be in proper proportion to the fire or grate surface. All furnaces and bake oven flues shall have the sides, back and front of brickwork not less than eight inches in. thickness, or .such flues may, be built of FIRE PROOF BUILDINGS. 139 bre clay or iron pipe set in fire clay mortar; Pro- ;vided, said pipe shall have not less than one Inch of an air space and four inches of brick work around it. All boiler flues shall be lined with four inches of fire brick laid in fire clay to the height of fifteen feet on the top of the second story joist floor beams; and no flue shall be used as a furnace or boiler flue unless the same conforms to the requirements of this section, and unless the same is used as such before the passage of this ordinance; and all such flues, if out of order or dangerous, shall be made safe in the manner herein specified. In no building, whether the same be a frame building or otherwise, shall any woodwork be placed on or in a wall within eight inches of any flue—whether the same be a smoke, air or other flue—nor shall any timber be placed under any fire place or hearth stone, nor shall any wainscoting, base, furring, heading or any other woodwork be placed against ativ smoke flue unless there is at least eight inches of solid brick work between it and the flue. SEC. 18. No steam pipes shall be placed clos- Steam pipes. er to wood than three inches, and if said space is objectionable it shall be protected by a soapstone oreirthen ring or tube. No smoke pipe in any smoke pipe. building with wooden or combustible floors_ and ceilings shall enter any flue, unless the said pipe shall be at least eighteen inches from either floors or ceiling; and in cases where smoke pipes pass through wooden partitions of any kind,' whether the same be plastered or not, they shall'be guard- ed by either a double collar of, metal—with at least four inches of air space and holes for venti- lation—or by a soapstonering not less than three inches in thickness and extending through the partition, or by a solid coat of plaster of Paris , three inches thick from the pipe, or by an earth- r40 FIRE PROOF BUILDINGS, enware ring three inches from the pipe. In all build - Where a brick 1n 1 w cfiimveyinto which ahere there is a brick chimney or flue into stovepipes enter. which stovepipes enter, there shall be either a dou- ble collar—with at least four inches of air space and holes for ventilation—or an earthen receiving pipe extending from the inner side of the chimney or flue and coming out flush with the outer side of the plastering. In all cases where hot water, Hot water, steam steam, hot air or other furnaces are used, the fur - furnaces. nace smoke pipe must be kept at least two feet below the beams or ceilings above the same, un- less said beams or ceilings shall be properly.pro- tected by a shield of tin plate suspended above said smoke pipe, with sufficient space for the free circulation of air above and below said shield, and the smoke pipe shall, in all cases, be kept at least eight inches from the beams or ceiling as aforesaid, and the top of all'furnaces set in brick must be covered with brick, slate or tin plates, supported by iron bars, and so constructed as to be perfectly tight; said covering to be in addition to, and not less than six inches from the ordinary covering to the hot air,chamber. If, however,there is not height enough to build the furnace top at least four inches below the floor beams or ceiling, then the floor beams must be trimmed around the furnace and covering trimmers and headers must be at least four inches from the same. The top - of portable furnace or furnaces not set in brick must be kept at least one foot below the beams of ceiling, with a shield 'of tin plate—made tight and suspended below.the said beam or ceiling— and extend one foot beyond the furnace on all sides. No person shall r" SEC, g. No person or persons shall erect or erect furnace for cause to be erected, or shall maintain or use, any melting iron with- out permission, cupola, furnace, or other appliance for melting iron or other metal, or shall erect or cause to be FIRE PROOF BUILDINGS. I41 erected, or shall maintain or use any steam en- uine, or boiler, or steam boiler, without permis= sion from the City Council; and no such permit to erect or use any steam en gine or boiler, or steam boiler, shall be granted unless the person applying for the same shall file with the City Council a certificate signed by the manufacturer or by a competent engineer, who shall also be a comnetent boiler inspector, of the soundness of the same at the date of the application for said permit. And the person or persons to whom ranted shall employ ooy a com- Person to said permit may be whom perall is petent person to attend to such engine and boiler, ploy"tad competent or steam boiler, who shall have a certificate of person. his competency signed by the said engineer; such certificate shall be filed in the office of the chief engineer. All cupolas, furnaces, engines and boilers, or steam boilers, must be constructed, erected and maintained to the satisfaction of the City Council. SFC. 2o. All boiler rooms or boiler houses Boiler rooms shalt be so arranged that sha hereafter erected shall be built of brick, stone or ba dose ing doors iron, and shall be so arranged that all openings covered with tin. between said boiler room or house and other parts of the building in which it is placed shall be closed by doors of wood covered on both sides and edges with tin. And if the boiler is set within any building, either of brick, wood, iron or stone, it shall be isolated from the other portions of the building with fire proof partitions and ceilings—with, doors as also provided for. And no boiler shall be set above the first floor of any building, unless.the foundation for the same- shall ameshall start from . the ground; or it may be sup- ported on wrought iron girders or beams built into the brick walls. No gas engine exceeding four horse power shall be set above the basement floor of any building. - T42 FIRF, PROOF BUILDINGS.; smoke or dry SEC. 2I All smoke or dry houses shall be houses brick or stone. built of brick or stone, and the doors and roof of the same shall be constructed of some non-com- bustible material. No person kindle Sf C 2 T ally fire of char- 2 l� o person shall kindle or maintain coalbustible thmaterrial any fire of charcoal, wood or other combustible iny !'Poll ally open tin material in or upon any open ting metal can, or any earthenware vessel whatsoever, in any room, entry or passage, or in any other part of any building in this city, or in any furnace or stov- of any. kind, unless the same be connected by means of a good sheet iron flue or pipe with a Patent chimney; �1-ovic�'ea' however, that the pro - provisions t thevisions of this ordinance shall not be deemed to provisions shall not apply to Porta- apply to portable stoves, furnaces or lamps tem- porarily used by artisans in the prosecution of their regular lawful business, to open fomes used by metal workers or to properly constructed kero- sene or gas stoves used for cooking purposes or for heating chambers. Nobuildingerec- SEC• 23. No building shall be erected, al- ageatehoutot= tered or enlarged without first obtaining from tainingpermit. the Cit' 'Council uracil a permit so to do. The applica- tion for such permit shall state the exact size, di- mensions, material, estimated cost and probable time to be occupied in building. The City Coun- cil shall, thereupon, afteran inspection of the premises, issue a permit giving permission to erect a building in accordance with the provisions of this ordinance at the place, and of the mater- ial and dimensiords mentioned in the application, and authorizing the use of one-third of, the road- way, and one -ha f of the sidewalk, and limitin; the time for which ,said permit shall continue, plans of proposed building, alteration or addition shall be submitted for inspection before permit shah be issued, if so required. No permit shall FIRE PROOF I1UII,DING%. 143 be issued to increase the size of any frame build- ing within the fire limits. A record shall be kept of all permits issued, which shall show the name of the owner, architect and contractor and esti- mated cost. SEC. 24. The provisions Of this ordinance Provisiousertlns shall aply to the owners of all buildirlgs situated ordinance apply to owners of all build - In the' 111I11tS described. A -tints of Sllld OWnCCS thus situated in the limits dtscrib Ao and the builders, contractors and Snb-contractors, owne,se1tsandf said the of all buildings in Course of construction or re- Uuildc rs. pair within said limits, and any owner, agent, builder, contractor, sub -contractor, or person violating any of the provisions of this ordinance shall be deemed guilty Of a MiSdemeanor, and upon conviction thereot shall be punished by a tine in any sum not less than twenty-five dollars, nor more than On- hundred dollars, or by impris- onment for any period not exceeding thirty clays, or by both such fine and imprisonment; and the continuance or maintaining of such violation shall Coutinuauce or maintaining of be deemed a 11eW offense fur each day On which such violation deemed a new of - same SJ continued SContinued or maintained, and shall be fence. punished accordingly. SEC. 25. • It shall be unlawful to keep or main- Unlawtnitoleep unless taln any fore within the limits set out in section one iins desolue build - of this ordinance unless it be inside some building, and have a good and sufficient flue to carry oft the smoke and sparks from it, which said flue shall extend at least four feet above the roof of the, building and discharge at least that distance from any combustible material, Ord. No. go) Whenever" any SEC. 26. Whenever any person OW111110- or occu- person neglects to rix and arrange in ing any premises, neglects to fix ,and arrange the manner re - 1n the manner requited by the provisions of this visna bofthispro- Py- ye, grate Or nance. ran ordinance, any stove furnace, other utensil of any kind, in which fire is kept, or pip for conducting smoke, upon or in any 144 FIRE PROOF BUILDINGS. premises so owned or occupied by such person within twenty-four hours after being notified so to do by a Fire Warden, the City Marshal may May T a ituye ars �h cause such stove, range, furnace, grate or other naoce,'gr anteor'u en- utensil in which fire is kept, or pipe for conduct- sil to be fixed.ing smoke to be fixed and zrranged as required by this ordinance; and the expense of fixing and arranging the same shall be a charge against such owner or occupant so notified and neglecting as aforesaid, and shall be recovered by the person fix- ing and arranging the same, from such delinquent or in case the city shall pay such expense it may be recovered from the delinquent by the city in an action for such purpose. (Ord. No. go.) Every person SEC. 27. Every person occupying any build - must allow the ing within the city limits, at any time when pres- Marshal or Fire Warden to inspect. ent in such building between the hours of eight o'clock in the forenoon and five o'clock in the afternoon of any secular day, must allow the Marshal or Fire Warden to enter such bnilding and inspect such pipes and flues for conducting smoke and all depositories for hot ashes, and all place where fire is kept in such building; but such inspector must not cause such occupant any more inconvenience than is actually necessary to make such inspection. (Ord. No. go.) SEC. 28. This ordinance shall take effect and be effect. Ordinance take in force from and after its approval and publica- tion. (Ord. No. go.) This ordinance shall take effect from and after publication. (Approved April 17, 189o.) ORDINANCE NO. 17. Relating to the Doors and Main Aisles and Passage Ways in Buildings Used in Whole or in Part for Pub lc Assemblage. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: N;vtrance doors SECTION I. All buildings used for public as- to public halls, etc. in part, shall have doors t° °" both ways.semblies, in whole or. , that are used for the ingress or egress of the pub- lic, to the portions so used for said assemblies, so constructed that they shall open both inwardly and- outwardly; and in no case shall they be so constructed so as to open inwardly only, or to slide; and all builditigs hereafter- to be altered for the use of public assemblies shall be made to con- form to this section. Sec. z. All the main aisles and passage ways Aisles, les, etc. to be in buildings used for public assemblages shall be k kept free from all obstructions, during any per- formance, service, exhibition, lecture, concert, ball, or any public assemblae whatever; and all build- 'Tidgs intended for the above purposes, shall have the main aisles and passage ways at least six (6) feet in width;, and, providell, that all the main doors and entrances to such building shall not be less than ten (io) feet in width. SEC. 3. Any person violating any of the pro- as Width S f aisles visions of this ordinance, upon conviction thereof, are may be punished by fine not to exceed the sum of two hundred and fifty dollars ($250) or imprison- ment in the city prison- of the city of San Luis Penalty. Obispo not to exceed ninety days, or by both such fine and, imprisonment. SEC. 4. All ordinances and parts of ordi- Repealing section nances in conflict with this ordinance are hereby repealed. SEC. 5. This ordinance shall take effect be in r,,ke,ff,,t. force from and after its passage and approval. (Approved July 13th, 1885.) ORDINANCE NO. 41. An Ordinance Concerning Poles and and Wires of Tele- graph, Telephone and Electric Light Companies and Persons. The Board of Trustees of the City of San Luis Obispo, do ordain as follows: No person shall SECTION I. No person or company shall erect erect within the or maintain, or cause to be erected or maintained present corporate limits of saidcity within the present corporate Iimits of said city, any telegraph, tel- ephone or electric any telegraph telephone or electric lioht wire at light wire at a less t' t distance than a less distance than twenty feet high from the twenty feet high from the sidewalk, sidewalk. Allpoles erected SEC. 2. All telegraph, telephone and electric the m ihately inside light poles in the streets of said city shall be curerected and maintained on the sidewalk, immed- iately on the inside of the curb, and not at any other place, except that at rounded corners of sidewalks such poles may be placed on the out- side of the curb on obtaining permission from the City Council; 12li-ovided, that in this case the pole shall, be surrounded with bituminous rock or con- crete in such a way as to_ prevent water running in the gutter from being too much obstructed by the pole. SEC. 3. All such shall not be less than Such poles not poles. less than e quary eight by eight inches square at the base, and not eighless than four by four by four inches at the top, and shall be surfaced and painted. to When necessary SEC. 4. When it becomes necessary to disturb side- walk, disturb, side- the sidewalk in erecting, removing or repairing any such pole, the walk shall forthwith be repair- ed and restored to the same condition 'in' which it was before being disturbed. No pole in. front SEC. 5• No such pole shall be erected or main - of door. tained in front of any door or gateway. Owners of wires SEC. 6. Owners of any of the aforesaid wires authorized to trim are author liths. ized to trimlimbs and branches of trees - which may overhang or grow over"the line of the E� � POLES AND WIRES. 147 street in such a way as to interfere with said wires. SEC. 7 Whenever in moving a house or other whenever in thing it becomes necessary o cy to an of said moving a house necessary to cut wires or take down any of said poles, the person writtennot ce.give about to do such moving must give the owner of such wire or pole, or the local agent, a written notice of his intention, specifying the thing to be moved; the place where it will be necessary to cut the wire or wires, or remove a pole; and the time when it will be necessary to do so; he must pay the owner of said wire or pole the cost of cutting and removing the wire or pole and of replacing and restoring the same; and for that purpose must deposit the sum of ten dollars with the owner of said wire or pole or his local went Must deposit the sum of ten dollars at the time of giving such notice. The notice herein provided for Inust be given a reasonable time in advance; not less than 24 hours. nt SEC. 8. If through necessity or by accident Iffirede�artme break wires city the fire department of said city should break any not liable. of the aforesaid wires or poles, the city shall not be liable therefore. SLC. 9. Any person violating any of the pro- Guiltyolamisde- visions of this ordinance shall be deemed guilty meauor. of a misdemeanor, and upon conviction shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the city jail not exceeding thirty days, or by both such. fine and imprisonment. SLC. Io. All ordinances and parts of ordinances ordinances in in conflict with this ordinance are hereby re- Pea eat hereby re- pealed, in so far as they may conflict. SLC. I I. This ordinance shall be published at This ordinance least twice in the Daily Republic, a daily news- shantakeeffect. paper printed and published in said city; and shall take effect and be in force from and after such publication. (Approved April 15th, 1869.) ORDINANCE NO. 83. Ordinance Concerning the Keeping and Storing of Explo= / sive and Inflammable Material Within the City Limits. / The Board of Trustees of the City of San Luis Obispo, do ordain as follows: No person shall SECTION i. No person shall keep or store or keep or store gun }T one p powder. have in an lace within the city "of San Luis Obispo more than fifty pounds each of gunpow- der, blasting powder and giant powder, and this shall be kept in metallic cans or wooden boxes marked "powder" and it shall be kept near and convenient to the door, where, in case of fire, it can easily be seen and taken away. $rest powder SEC. 2. No person shall erect or maintain any -agazne. powder magazine within the limits of said city without having first received a license or permit so to do from the Board. of Trustees of said city. nlawfulfor pel- SEC. 3. It shall be unlawful for any person, son to keep more firm or corporation to store or permit to be stored than zoo gallons of L' coal oil, thirty gal- or kept for sale within the limits of said city in a lons turpentine, - gasoline, benzine, larger. quantity than 200 (-allons of kerosene or naptha, unless b storedinwarehouse coal oil, thirty gallons of turpentine, or gasoline, or benzine, or naptha, or other article qu lly explosive, or as easily ignitable or inflammable as either,of the above named articles, unless the same e stored in a building or warehouse used for and devoted exclusively to the storage of such substances, or the storage of gunpowder, _ No building shall be used for such storage except on permission of said Board of Trustees, and not --"less than eight blocks from the City Hall. Noperm} Kshal keep :g M. ln fire SEC. 4. No person shall keep or, store or suf imits.,ore than 10 tions hay or fer to remain in any place within the fire limits of SiKw within Voo /seet fronl anysaid city any hay or straw in quantities exceeding dwelling. i;Xrr,osrvlss, r;'r'C. 149 :;:,; c,w, or receive or kecp or ;uff(-r to remain I .iv or straw in any quantity in any place ill said v,4hin a distance of one hundred feet from (1 veiling house or place of business; Jsrot�icz'cr�t' t t llay or straw may b(� received, kept or stored t, ,iiiv enchved wooden -building situated at a �icater distance that twenty feet from any clwell- _11 I?OUSe or place° of business in quantity not ex- c:.��lin ten toras,arnd in a securely enclosed Wood- 1;�_�i'tclin situate within a distance of lint less !:.n onu hundred feet front any dwolkyt house r,r . !: ,ice of business in quantity not exceeding _:e hundred tons; and in any securely enclosed or [ire proof l:,i_lilding, in quantity nqt ex "'o pci:on shall one hundred tons. No person Shall, �f.i.r, .,.•iUiiu fire linnts any hay or -'.±ltn the fire limns, have or keep any hay,straw, taw „�,,ept carne sn,mig; or other things more combustible than be cudosed ,;.owxl or lit mber,unless the same shall be enclosed �.�r co;w.red with wood or some other material not combustible than wood: Nor shall any per- uWuing or occupying any lot within such fire iniits cause suffer or allow to accumulate upon such lot o itside of a building, any straw, paper, dry rass,imflammable rubbish or any matter r Substance of a more inflammable nature than ,5r-oz)1(",(1, that nothing in this section shall Kcconstrued to 'prevent the accumulation of for two weeks in and around a building 1.1' oth,2.r structure while in the course of construe- ti,>a. Any person violating any of the pro Penaacy. dons of this ordinance shall be deemed guaity of fi aaaisdemeataor, and upon conviction thereof hv.ii be punirshed by a . fine of not more then hundred dollars, or by imprisonment ;A the ,:_ail. riot exceeding ninety days. 'Vo pe so i snarl f.C. 6, No person shall outside_, of a building make uv fire w this 25 feet of is -within the fire limits, make or cause to be a vbu.l -wdrug made any fire within twenty-five feet of" a1,S, i ,i'x _ )61,0zli ed that the Boar(- of Trustee: mr.; hermit bonfires to be made at such pl,jees th_;4 may dire t; but such bonfires sllall o111y l.�e ,I.,1�1': and maintained in the presence of sonic directed by the Chief F�n�rineer, or ,lctinf, Engineer to s1JpUrintend them. 'Vope:3ou Shall • % • No person shall place h )t aslit ' L1 pFcchota�hc' a1IV C01111ilStlble receptacic,nor put imy for hot ashes N�'ithin tell feet of an�° buiidi�l;� (� other combustible substance. Si.(:. S. No person shall open, well7h or No p.' '1u,1t ure, Ont. dellver or ex?ose to tile air In any open or exll.-�sc exp ll il.l 1, rlnin i cct-ally fe oiy powder, blastb p0�4'�!CI", Cci [1111�!i'Ile; or flame. kerosene, alcohol, turpentine, gasoline Or �A:,,,' other article of in explo:;iye or hi;hly inL1111i""I''i1- nature:, within twelve feet of a fire or f'L,n(a an)- kind. Sf-:C. 9. No person shall build or mal - c - No person shall CRUSSC to be made or built, any fire �Vlth111 Or build fire a on lot is lo'�eda ; ttke the lot in which a magazine is loc, -d,or sliud t ;: lighted articic,vith- - i in 2oleet of same. Or have any ll heed Cigar, .pipe, cl(rarette or otl.f r lighted article or matches in the lna�azine or ��i11) it, twenty feet of the s-Irne. Per�ons aho SFC. to. All persons, firms, or corporaticl S, c.e- sireto tell articles. who desire to Sell or keep for sale ally of the ;ir- in this ordinauce must obtain per- ticles in this ordinanCC e11U111erateCl, Shah, rtiission. keeping- or selling the same, obtain permission from the Board of Trustees so to do. SEC. 1 i. Ordinance No. 55, approved Jun;: Repealing cla„se” 6 1892, and all ordinances and parts of orcl'i- ,lances in conflict with this ordinance are herelv repealed. SEC. 1This ordinance shall take effect ani Ordinance - takeF-:iPet be in force fa from and after its passcre and a provrll. (Approv<cd DCC. 21, 1896.) ORDINANCE No. 95- Ort,iiiArIc", Jtejatlllg to spjtOfl; oil and in plibilt: B1.1111.1ill.rs of tilt: Cit}*- �J(' Board C Tru"t--'; 01 flit' (Io ord,th" It.; tAli 11(wv C. Nil P'I"'()h (m :111\, oiaU, I . .. 'A, dw SM(I CIL\, N� .) or on IIIc t1w)r of ally public, or 011 "IIIN' Ow CM-p)raM1 of ;lid City of Silli 1,01s or ur;11111f, 'n Flo jwrson .111:Lll slit or (1(1)0sIL or III ally plact. ,mv kwillia or 11c (I ()J' CM- 1;f:�"� on Of S limitslimits s;tid city of )'I, 1A of the pro 11-UPLguiltyVl- '('S 01 t1w; or(Jin'; �tllcc 11A("I11(1(1 , 1 be (1(�- ;ms,,t:m(-.anor mIJ 111mil Colivictioll O�in-cof, - �i hile not u.\C(,, iW 11 . $2;.00, �-;Iwd b% the City jail not exceeding tii:w' C,i2 j (In _c effect from Incl after the followilik), Vote*. Ales: Smith k I -�jncl W. A. He"- Liiid, A. S. Wh;ts�- C. H. Absent: Approv('(-1 May 17, 1897. W. A. 1I EN 1) p,-c,;j(-jcnt of the I-,)oar(I of Trust'-'cs. ( I 1�. SAM�MANIN-, Attest: City Orc1cr of the Board of Tl"-stecs W) v namedl. 17. Sj_'JANN, UtY —l' 0 I[[I�LL[j G ORDINANCE NO. 83._,:i Ordinance Concerning the Keeping and Storing of Explo= sive and Inflammable Material Within the City Limits. / The Board of Trustees of the City of San Luis Obispo, do ordain as: follows: No person shall SECTION" I. No person-shall keep or store or pkeeep or store gun have in any one place within the city "of San Luis wder. Obispo more than fifty pounds each of gunpow- der, blasting powder and giant powder, and this shall be kept in J metallic cans or wooden boxes marked "powder" and it shall be kept near and convenient to the door, where, in case of fire, it can easily be seen and taken away. 1~rect powder SEC. 2. No person shall erect or maintain any magazine.powder -magazine within the limits of said city without having, first received �a license or permit so to do from the .$oard.of Trustees of ,said city. e pe,- SEC 3. It shall be unlawful for any - P erson nlawful for . , Son to keep more firm' or oration, to store or corporation, permit to be stored than zoo gallons of p. coal oil, thirtygal or kept for sale within the limits of said city in a Ions -turpentine, gasoline,' benzine, larger,quantity than 200 gallons .of .kerosene or naptha, - unless_ .storedinwarehouse coal oil,',thirty-gallons of turpentine,. or gasoline,. for that p e. `'or 'benzine, or. naptha, or other.3rticle-.qually explosive, or as easily ignitable or inflammable as either, of the above "named articles, unless the .same be stored in a building or warehouse used or and tdevoted exclusively to the storage of such substances, or the" storage of : gunpowder.. No building shall be used for such :storage except on permission of said Board of Trustees, and not Mess than eight blocks from the. ".City, Halla No perso shah keep ,n fire " SEC. + No person shall keep or,store or suf limits� ,ore than - 10 tens - hay or fer to remain in any place. within the fire limits of - itaw within foo -- f we f=o,,n: �,n\y-said city. any hay or straw in quantities exceeding dwelling. k � t ten toils, or receive or keep or suffer ,to remain hay or straw in any quantity in any place in said city within a distance of one hundred feet from anv dwelling, house or place,of business; provided, that hay or straw may be received, kept or stored in any enclosed wooden .building situated at a c; lc •ater distance that twenty feet from any dwell - ng house or place of business in quantity not ex- ceeding ten tons,and in a securely enclosed wood en building- situate within a distance of not less then one hundred feet from any dwelling house` " or. piace of business in quantity not exceeding one hundred tons; and in any securely enclosed; brick or fire proof -building, in quantity not ex No person shall ceeding one hundred tons. :'No person shall, beep within are lints any hay or within the fire limits, have or keep any hay,straw, stave exceptsame shavings or other things 'more combustible than, beenclosea l wood or lumber,unless the same shall be enclosed or covered with wood or some other material not more combustible than wood: Nor shall any per- s,tei owning or occupying any lot within such fire limits cause, suffer or allow to accumulate upon such lot out of a building, any straw, paper, . hay, dry grass,im flammable rubbish or anv matter or substance of a more inflammable nature than wood; pi-ovided, that nothing in this section shall be construed to "prevent the accumulation of shavings for two weeks in and around a building or other structure while in the course of construe- tion. 5Ec. 5. Any person violating any of the' pro- -• Penalty: visions of this ordinance shall be, deemed guilty of a `misdemeanor, and upon conviction; thereof shall be punished by a , fine of not more than, ' three hundreddollars, or by imprisonment ati the., city jail not exceeding ninety days. No Person sh111. P;e , 6. N O person shall outsrde Jf a building. make a n I' are ` within 25 . %et of anct within ` the fire limits' make . or cause to be anybnilaing: l 149 ten toils, or receive or keep or suffer ,to remain hay or straw in any quantity in any place in said city within a distance of one hundred feet from anv dwelling, house or place,of business; provided, that hay or straw may be received, kept or stored in any enclosed wooden .building situated at a c; lc •ater distance that twenty feet from any dwell - ng house or place of business in quantity not ex- ceeding ten tons,and in a securely enclosed wood en building- situate within a distance of not less then one hundred feet from any dwelling house` " or. piace of business in quantity not exceeding one hundred tons; and in any securely enclosed; brick or fire proof -building, in quantity not ex No person shall ceeding one hundred tons. :'No person shall, beep within are lints any hay or within the fire limits, have or keep any hay,straw, stave exceptsame shavings or other things 'more combustible than, beenclosea l wood or lumber,unless the same shall be enclosed or covered with wood or some other material not more combustible than wood: Nor shall any per- s,tei owning or occupying any lot within such fire limits cause, suffer or allow to accumulate upon such lot out of a building, any straw, paper, . hay, dry grass,im flammable rubbish or anv matter or substance of a more inflammable nature than wood; pi-ovided, that nothing in this section shall be construed to "prevent the accumulation of shavings for two weeks in and around a building or other structure while in the course of construe- tion. 5Ec. 5. Any person violating any of the' pro- -• Penalty: visions of this ordinance shall be, deemed guilty of a `misdemeanor, and upon conviction; thereof shall be punished by a , fine of not more than, ' three hundreddollars, or by imprisonment ati the., city jail not exceeding ninety days. No Person sh111. P;e , 6. N O person shall outsrde Jf a building. make a n I' are ` within 25 . %et of anct within ` the fire limits' make . or cause to be anybnilaing: l made any fire within twenty-five feet of any btrild- ing; j5y-ovi?ded, that the Board ofTrustees, mai- permit bonfires to be made at such places as they may direct; but such bonfires shall only be made and maintained in the presence of some Persoli directed by the Chief Engineer, or actin( Chief Engineer to superintend them. No person shall SEC. 7• No ,person shall place hot ashes in place hot ashes. any combustible receptacle,nor put any receptacle for hot ashes within ten feet .of any building or other combustible s.ubstance.: SEc. S. No person shall open, weigh or meas - No person shall ure out, deliver or expose to the air 1n any I)LI"C1- open or expose [) 5 nyexplofarly with- in ing any, grun powder, blasting powder, camphene, izfeetofanyfire � J J t- � p l osame. kerosene, alcohol, turpentine, gasoline or ani other article of an explosive or highly inflammable nature, within twelve feet of a fire or flame of any kind. SEC. 9. No person shall build or mal- , or No person shall Cause to be made or built an fire .within or upon build fire upon lot , y in which magazine the lot in which a magazine is located,or shall tak., is "located Hr take lighted articlewith- or have any lighted cigar, pipe cigarette or otl cr in zo feet of same. , lighted article or matches in the magazine or with- in twenty feet of the same. Persons who de - SEC. 1o. . All persons, firms, or corporaticris, .sireto sell articles. who desire to sell or keep for sate any of the �ir- --in this ordinauce must obtain per tlCles in this ordinance - enumerated, shall,` before mission. - .keeping or selling the same, obtain permission from the Board of Trustees so to dor SEC. 11. ' Ordinance No. J5, approved Juice Repealingclanse_6 1892, and ...all ..ordinances and parts of ordi- nances in conflict with this ordinance are hereby repealed. SEc. 12 This ordinance sha1L take effect and Ordinancetakebe in force-, from and after its effect. pass�zge and ap- proval. (Approved; Dec. 21, 1896.) j ORDINANCE N0, 95. An Ordinance Relating to Spitting on Sidewalks and in Public Buildings of the City. 'rhe Board of Trustees of the City of San Luis Obispo, do ordain as follows: Sixrios t. No person shall spit on the floor of any public building or on any sidewalk within the corporate limits of the said city of San Luis Obispo. SFC, 2. No person shall throw or in any man- ner place.. or deposit on the floor of any public building or on any sidewalk within the corporate limits of said city of San Luis Obispo, any banana or orange peel SEC- 3. No person shall spit or deposit or throw or in any manner place any banana or orange peel on the floor of any street railway car .within the .corporate limits of said -city of San Luis Obispo. )EC, 4. Any person violating any of the pro - vi5ioiis of this ordinance shall be, deemed guilty of a. misdemeanor and upon conviction thereof, shill be p,,' 'shed by a fine not exceeding $25.00, or mpris�-� menu in the city jail not exceeding a term Of 25 days. This ordinance shall take effect from and after, its pasiage and approval. Passed by the following vote: Ayes: Smith Shaw, Jos. Lind., A. S. Whitsel and W. A. Hen- clerson, president. Noes: None. Absent: C. H. Reed, Approved May 17, 1$97. W. A. HENDF,Rs0N, President of the Board of 'rrustttes. (� al Attest: C. F. S MINT N City Clerk. 'Published i.,y order of the Board of, Trustees above named. [Seal] C. F. SA -,,t 14AN'_NT, City Clerk. k 1 i ISO EXP_r,OSIVI•:S, ,STC - made any fire within twenty=five`feet of any build mg; firovi?d'ea; that the 'Board of -Trustees; may Permit bonfires to be made at such places as they may direct; but such bonfires shall ;only be made and maintained in the presence of some person directed by the Chief Engineer, or acting Chien Engineer to superintend them, No peon shall SEC. 7. No person shall place hot ashes in piacehotashes. any combustible receptacle,nor put any receptacle for hot ashes within "ten feet of any building or other_ combustible s.ubstaoce: SEC. 8. No person shall open, weigh or meas en person shall lire -out deliver or expose to the air in any built open or expose ) - [ l- anyexp losivewith- ino- an � cyan t'tOWder, blasting powder, camphene, in r2 feet of anyfire J b p , or same. kerosene, alcohol, turpentine; gasoline or anj, other article of an explosive or highly inflammable; nature, within twelvefeet of a fire or flame of any kind. SEC. 9. No person` shall build or lnak-, oi- No person sham. build fire upon Tot cause to be made or built, any fire .within or upon in which magazine: the lot in which a ma�yazine is--located,or shall t, is 'located er take lighted articlewith-.-or have any lighted' cigar, pipe' cigarette . or other in zo feet of Same. , ,, lighted article or matches in the magazine or with- in twenty, feet of the same - SEC. io. All persons, firms, or corporatlans, Persons who de- sireto sell articles, who desire to sell Or keep for sale any of the ar- - in this ordinance. :. must obtain per- titles in this ordinance enumerated, shall,` before mission. keeping or selling the 'same,; obtain permission from the Board of Trustees so to. do:' SEC: t i. ' Ordinance No. �5, approved )ane IiepealingclauI 1892, and all ordinances and parts of ord' riances in conflict with this ordinance are hereby repealed. SEC. 12 This ordinance shall take effect and 'Ordinance take be in force-, from arid- after its passage and ap- elfect proval. �Apf roved Dec. _21) i$96.} f � 1 4 ORDINANCE NO. 95. An Ordinance Relating to Spitting on Sidewalks and in Public Buildings of the City. The .Board of Trustees of the City of San Luis Obispo, do ordain as follows: SECTioN r. No person, shall spit on the floor of any public building or on any sidewalk within the corporate limits of the said city of San Luis Obispo. SEC. z. No person shall throw or in any man- ner 'place. or deposit on the floor of any public building or on any sidewalk -within the corporate limits of said city of San Liiis Obispo, any banana or orange peel. SEC. 3 No 'person 'shall :spit or deposit or throw or in any manner place any banana or orange peel'on the floor of' any street railway car within the zorporate limits of said -city of San Luis Obispo'. �ErC- 4. Any person violating any of the pro- visions of this ordinance shall be. deemed guilty, of a. misdemeanorand upon conviction thereof, µ.f; shall be p,;,� ished by a fine not exceeding $25.00, or mprisv:ament -im the city jail not exceeding a torn of 25 days. This ordinance shall take effect from and after it, passage and approval. Passed by the following; vote: Ayes Smith Shaw, Jos. Lind., A. S. Whitsel and W. A. Hen- derscin, president. Noes: None. Absent: C. H. Beed, Approved May 17, 1897. W. A. HENDERSON, President of the Board of Trustees. Attest: C. F. S TNIM Av�g City Clerk. Published by order `of the Board of .Trustees above named. [Sea]] C. F. ' S�.:tnN AN, 'City Clerk. z t r — r v RULES .OF, ' 0RDEW' .' Of the Board of Trustees of. the City of San Luis Ubisp;)l, .Adopted, 188�.� RULE', I w, At the hour fi♦:ed for inee°tinga, the Prc sidte t. shall take the chair and call � the members of th,- Board of Trustees to order,'and upon lthe c�i l e!. ' the roll, if there .lie a , quorurrr present, he ';ori it cause" the clerk'to read'.the 'uiaapprov'ed rnir yv- of the' preceding re ular. arid, specla we :tl,,(" Amajorit,, of the mem'be'rs of the Board of Tris- tees'sh�all constitute aquorunh for the �transmcItion of business. RULE JT. I he.'Standin;; C,orntnittees'shall be On Street and To; h L'a'nds .� On'. Finance, and 0zdimm' e r-_41 'On Police Jail and;Fire�I��ar�rrlca� '-Each; tandinConirnittee shah} eonsi4 niembf;rsj and "shall be ap x)tnretl dent, the mem her first, narned sir. ericir ^aMr:-4v, .: shaft bethe chair' mi .m� thereof.. tpQ-1; Rl LP -s olk oRFi:FG.v'' °f . l3nfani hed Bu-siness �a. � env, lusille.ss �` • � °. tSccllJ ncqus 'Bu' ineSS. % RUL E IV. Clsit Stioil Shall be'Sl�lted `from t0c Chillr uT1',v" k . anti seconded, nor I)e open for discus- ' �.° ,ntiI .tatCd, by .the President and .NYhen a i' i �.'•fmn is tx3f6r(- the Trustees:.the only motions 3:c1c1 sh.111 1 ». o` l l.y 611'the thbl (2 1cC l'c.,Vious qucstln, ] cW 105 lIm" I litely.- , i�oi j o v nto 'a ptlhtic'ular time. i o r, f Mr: ilt • �.�.: � `r'i fc , -iia; a c��m�liittee. , i kc precedence ` iri the �ilway. be in order. 1 r � Yjestiol. ' a rid " ad � i! t l i. n � �� n`fi •:� Wer �h � � ' � n memhe t#YvlOi GnII y Y he LlcZ C §, ! li7 Z V 1: revlou� to ri cahit, ttlasL risme p � ='the an!, l)e recognized by - , 1� 1 t14AS i ! r d 1', 1 RULES OF ORDER Of the board of Trustees of the City of Sari LFAs of)N!so. ,. (Adopted; 1885.1 kULE, 1. ` At the hour, li,:ed for ineetinf;, the Pre ij C", shall tale the chair and call . the itaeallbers of Cli Board of Trustees to order, and upon thy: ci�fl! <<' the roll, if there he aduoruni.present, he :, h-,:4 cause the clerk to read the Unapproved 172l:11UL't; of the precedin(�r rCgUl<ar and special A majorityof the members of the Board Or i :5 tees shall constitute a quoruin for the of business. R[;LE" iI I Iaf: Standing Committees shall l,e: Oil Streets and Town Lands. Linai}ce and Ur..din anM. C?n ;police, ,jaii and T'ire Deparluner(r Each Standinc, Coninjittee shall cons�; 754 /�Uus F QRDRP same time, the �Iresid nt'j+shall l decide whic.i is. entitled to the floor; and no member shall sp.-a!> oftener than once on the same subject or questior. until all who wish have spoken, nor more th.}i• twice without permission of the Trustees. RULE VIII. Any member may call for a division ofchic question ,when the sense will admit of it. incl when any member falls for the yeas and nays, they shall be ordered by the President. Th:: yc,) and nays shall be taken upon the pa sa(,e of every ordinance" and appropriations of mon=-`N,s, and shall lie recorci.nd upon the minutes of the proceedings; the, names- of members,• :aiiiny fo yeas and nays shall also RULE XL. No member shall vote uljor. "I. -TV '.,luestion in which he is directly interes`ec<. r ULI. r. No 1,cm1, .Y shall !if -.c -)n -ie sleety on any Ix.t :_f . note or obltaat ofi given to the city. RULE XI. Every motion, e,eept .subsidiary ones, shall b=. reduced to writin( at the- reque;,t of any rmernber RUDE XII. Lavery member who, shall be present WhEr question is put, shall vote furor assx.'.3t tfi ar�rc unfr s excused by ine frust`e" , -he €, directly` interestedtherein, in w?iich case he shall not.vote_ And any merr,ber nj y, change his vote before the res It i4 (4CC Ired l;y the I're;ideritJ and ut,. i MI RTJI,ISS OF ORDER. ISS lr: s pros: nt- when his name is called in regular order, shall not be permitted to vote without con- sent of the Trustees. ItULI; XIII. Ail nutters of business shall be presented to the Board of Trustees by either petition, memo- rial or communication, except such as may be of- f= -;(,,d by.the members by motion. RULE XIV. All reports of Standing or Select Committees shall be in writing and signed by a majority of the committee; )5i-ovzded, however that a minor- i;y report may also be made and received. RULE XV. After roll call no member can withdraw or ab- sent himself without the permission of the Presi- d:° ra. RULE XVL A s o member shall be interrupted while speak - =g .except it be to call him to order, or granting of privilege, or for the purpose of explanation; and if any member, while speaking, be called to )rdel he shall be seated until the question of or- der shall have been decided by the President without debate. And any member shall have the riJlit from appealing from the decision of the )Ie ident upon points of order. The President ;,.al have precedence in speaking to points of or - 6 r, and he shall take and announce all votes.on 'luestions of appeal. RULE XVII. The Board of. Trustees may at any time, on 156RUI,]�S Or ORDIM motion, resolve itself into a Committee of the Whole, whereupon the President shall leave his seat, and call a member of the Board of Trustees to preside during the session ofsaid committee - When When the Committee of the ��' hole rise, the Chairman thereof shall report the proceedings-- thereof to the trustees.. Said committee shall be subject to the rules of order he so far as� the same are. consistent with its powers and duties_ RUL' E XVIII. When a blank is to, be filled, the question shall be first taken on the highest sum-, or number, and longest time proposed.. RULE XIx> After any question (except one of indefinite" postponement) has been, decided," any two mem- bers who voted in the majority therefor, may at the same or the next regular meeting of the Board of Trustees, move for a reconsideration thereof, provided, that no motion for a reconsideratiorn shall be made after the resolution or ordinance affected thereby shall have gone out of the pos session° of the Board of Trustees; and no motion for reconsideration shall be made more than once. motion to reconsider a vote to reconsider cannot be entertained. RULE XX_ When the President desires to leaves the chair- he hainhe shall appoint some member of.the Board of Trustees to fill the same pro tem.; in the absence of the President the Board of -'Trustees shall appoint, from their number, a. President pro ten : RULES OF° ORDER. 157 ; RULE XXI. \Vhenever the word " President "' shall appear i;1 these rules, it shall be held to mean and ap-, ply to the presiding officer of the Board of Trustees, RULE XXIL 1 motion can be withdrawn at any time after it is stated from the chair, by leave of the Trus- tees, obtained by regular motion. RULE XXIII. The parliamentary rules laid down in Cush Mo - S Manual shall govein in all cases not other- wise provided for herein. RULE XXIV. These Rules of Order maybe altered; amended, repealed or suspended at any regular meeting,. by a two-thirds vote therefor of all the members of the Board. of Trustees. � r.�� it � f t. '. � pp1 7; �;I � i II C � ! �L' 1 t �� :If i C i C 1 � � � �� ., $_ � �''� �!� f�, i f '; � f �. � I � � } � } �'i. � �. �r s y 1 �i.� 9 ��' �• �;�j i. li ! �i'! f�. j t I ` i � f �� '�1. f.'� � �I Y ��i � � � k i 6 � a, t ,� �fff ; �.) Y r. u �� ; it �1:� � _ - _ �, � � � I r i= ail °i I:I v4 ;� i�.I �.; :. � r '.� f � a �i - i= `� �i i � t 'y -,�� ,�, �. 41 4 t } S � i �_ f IV l INDEXO .. ppp4 Page. Sec. :iCC;O(?tiTS t I City Clerk to keep .................................. 19 878 AISLES: To public buildings .................................. 145 2 } ASHES: i Hot, depositln..........L .......................... 150 7 AsES.SOE : } Duties of ..... ........................ ....... 18 887 tiara duties of ...................................... 36 15 ` Who is.......... ........................ 36 15 When to assess .........................:........... 52 2 What to aSse s .................................... 52 1 Salary of ..................................... ..... 49 1 ATTORNEY .Appointed ...... .................... 27 3 . Duties of............ ................ ... 20 879 Special duties......." 36 16 Sue for licenses.......... 56 5 Suefor taxes .................. ...'........... 37 16 Salaryof .. ................................. ....... 49 1 Specialfee.......................................... 56 5 Ei { Wben presented ..................................... 51 1 1>()AIRD OF TRUSTEES: Powersof ................................. .......... 6 862 When to meet ............ ...... (i 858 When to meet .:......... ........................... 47 1 + Cauvass.returns................... ................. 32 8 Tix all sa;aries...................................... 23 881 Appoint officers ........................... ......... 27 3 Appoint special police .............................. 38 - 21 Members attend meetings.' ............ ............. 47 2 Disorderly bebayior of.......... ... 47 3. + Fines,to general .....:......................... 47 4 Old bilis, not to allow ............................... 51 1 Extend time for taxation ............. ........... 54 4 Barroom license .................................... 65 30 Est,blirh pound .................................... 71 1 Caws streets to be cleaned .......................... 100 3 esu,- permit to lay drains. ' ........... .:........ 107 4 .Issue permit to build ............................... 142 23 Mules of order for ................................... 152 Permit poles erected ................................ 146 2 Permit explosives, etc ................ .............. 148 ( a hD OF HEALTH si General powers, etc ......... ....................... 781 83 Recommend measures .............................. 78 3 j I Burial permit)........_ page. .... 81 Sec. 0 i Birth record ......................_..................... l a �. :30NDS : Official_ 8) Offices, of all ......................................... 3 Executed, how ...... ........... . .. .................. Filed............................................... 3f+ CHARTER Ofcity . ....................................... S CityIIah................................ .......... . 43 En,ineer, see Sury-yor. Clerk, see Clerk. CLERK: Electr-d.................................. Provisions for .............. ........................ Duttes of ................................. .......... Duties of, extra .... .............................:... 44-46 1..• rssue licenses. ..................................... °A 'T; Beep records, etc .................................... 1J 5'8 Draw warrants............ C Prepare licenses, etc ................................ Bond of ............................................ ??S 5 Salaryof ....................... ._..._........:-....... 9 1 COMMITTEES: What, and how appointed .............. ............ 30 1-2 Chairmen of.... ........................ Health, on.......... ..................... 32 Contracts, to let ........................... _. - ...... _ 32 Members of .......................................... 15, a; Reports (if .......................................... IS,r, CONTRACTS - Public work, for .......... ...... .................... 17 Sinned, how...: ...............::. 1; i:. Officer, not to be interested........_..-_..-...._.... 25 S'?i> DEMANDS: Against city..._..._ .................................. 11 b64: DEBT: Provided for.... .... ... ......... ................... 1.1 S6G DOG: Tax....:.....:.......:._ ..................... ...... 9 36'3 Tax rate .................. ............. 7:r i' Fund .. ........ ........ ... _ Must not run nntagged....................... 74 71 Tags const not be imitated ........ .... ...... 7i 11 DOORS: To public buildings.... _ ................ _ ..... _...... 14.-, 1- : DRAINAGE: Each.house drained......... ......................... 10E t Cesspools emptied ......... ............... . .......... 107 , Owner must give notice ......... ..............:..... 107 ll 3 , Grease trap over drain ............................... t 171 1(f Water closet suuplied with water ..................... 112 23-Z) Plans to be passed by City Engineer ................ 113 28 Work tq satisfy, Street Superintendent .... ......... 113 �3� Page. Sec. Pip, slaid by licensed journeymen .................. 113 29 Street Superintendent may do work ................. 115 31 Surface water not to run in ....... ................. 1115 32 General provisions .............................. 101; illi ';+heu held .......................................... 20 1 Ten days' notice .......:. ........ 2G " In accordance with State laws .......6 .............. 26 3 Board of, canvass returns ..................... ..... 33 8 Returna, how signed ............ ................... :33 9 - Of ollieers ........................... ... ......... 3 114)w held ............. ............................. 5 850 ?CiXTRIC WIRES: See Poles and Fires. ll'_;ACTIfIG clause......................... ................. :0 863 =_h U.1LlZ ATl0N of taxes...: ............................... 16 872 EX"',ESS over debt provided for ................... ......... 11 81i(; l.Sr:+.'U IVE department........... .................. ..... 1S 876 =0LCSI` ES: Powder, storing ...................:...... .......... 148 1 Oils......... 148 2 Hay, straw, etc ............. ........................ 148 3 Hot ashes..... .. ...................... .. .......... 150 7 Weighing on ........... ...................... ..... 150 8 Fires,, etc., near ................. ................... 150 9 1'ermiss:ion to keep ....................... ... ..... 150 10 F1PF.: 1'rocisions for ........... 1,'ire limits hxed...�......... .... .. 8 ..... ........ 117 862 1 ?1l'E DEPARTMENT: How organized .......... ......................... 119 1-3 Election of officers .................................. 119 5 Elections, how held ......................:. ........ 121 89-10 Vacancy, how filled ................................. 121 7 Oath and term of office ............................. 122 11-12 13 Powers and duties of Chief Engineer....... 123 14 XLinoval of otHeors......... ...................... :. 124 16 Offleers control at fire ........... ........ ........... 124 17 City, limited liability ........ .............. 124 15 Chief Engineer, charge of property_ ........... 125 18 Certificate of fire company .......... ........... 125 19 Companies subject to City Council .................. 125 20 Members must be 18 ........................... 125 21 Property not to be moved from city . ............... 125 22 Governed by Board of Delegates...... .............. 123 23 Sceretary,etc ......... .:...........I .............. 126 126 24 25 Chief Engineer to repair, etc ....................... Treasurer, duty, etc ................................. 127 127 27 - 26-28 Salaries ................................._.... Erigioe .,. 127 30 ................................. -Engineer of .: Unlawful to use or injure property .................. 128 31 26-z7 Fire Warden, duty .................................. 144 FIRES. AVhere built ....... ................ ............... 149 6 n. FIRE PROOF BUILDINGS. District or limits of.....:............................ 12.? Buildings brick or stono............ ....... LJ) How constructed.... ........ .................. ..... 1r;01$r; Chimneys, brick or stone.......:.................... 137 ld Smoke flue, size ..................................... 1S8 1"� Pipes, steam and smoke, etc .................. .. 199 Furnace, how built............................ ..... 140 D Boiler rooms........ ........... ..................... Ii: SD Smoke or dry houses............................... 142 27 Chimneys for all fires................ ........... 14'.x, 2: Permit before building....... .... I ..a Rules to apply to all ................................. 14,', 21 No forge without chimney ........ 14:3 2, Neglect of any person.... 143 s3 Fire Warden or Marshal, inspect................. .. 144 26 2'i See pages 129 to 144. IIAY: Storing, etc ......................................... IV 1 HEALTH: Board of, etc ........................ ..:.......... ... 78-E3 HEALTH OFFICER: Appointed....................................... 4$ To enforce ordinances............................... +9 1 Remove diseases......... ........... .............. 79 Cholera, Asiatic, etc ....................... I...... .. 81 4 Smallpox, etc ................................ ...... 82 5 6: Inspect premises ............................ ....... 80 Abat, nuisances......: ............ ................... :9 3 1= Compensation of................: 7 HIGHWAYS: Established ......... ................. ............... 9 ��.. HISTORICAL statement.................................... 1 INDEBTEDNESS Amount......-.........., .................... ...... 11 86 � Excess........ .........:............. 11 36 �5 INCARCERATION ...................................... _. 12 867 INFLAMMABLE: See Explosives. JAIL........, JU D3E Recorder's powers................................... 24 66" When disqualified ...................... ...:........ 24 85;3 JUDICIAL department....._.............:.. 2A u.i Page. Sec. L, I o L.'.1 -N I) RIES: Limits for .............................. ........... lU5 1 License for .............. ......................... 113 24 LFGISLATIA'E department ................................ I,I�'F'.tiSES: General provislous.................................. 55 Board to establish ................................... 9 862 Clerk to issue.................... ................. 55 1-2-3 Who to procure ........... ..................... rr .�.� 56 6 Amount determined..... ........................ Where payable.. ....... ............... 58 8 Terms issued for ............... . . .............. 58 9 Failure to make statement ..................... .... 58 10 Quarters forisswing................................ 59 13 ,11 -,it to collect .................................... .. 5 5 Trial, presurnpti, n ........................ 57 7 Vehicles to be numbered .............. ............. 59 12 For every business .................................. ESL 14 Marshal, collector .................................. 44 1 Attorney sue for ...............56 ................... 6 Drain layers ........................................ 113 29 No part remitted......... ...................... 70 18 Trausferred, when .................................. 70 17 l:evoked, when.......... ... .... 70 16 For selling any goods ................. I............. 66 35 No, for selling own produce ......................... 69 40 Rite per quarter— Astrologer, $5.......... ........................ 63 18 :Auction. $30 ............................... ....... 60 2 Auctioneer, $2 ................. ..................60 Banking, 60 1 3 per cent ................................... Bar -room, $150 ............. ........................ 64 30 Billiard table,$2.................................... 61 8 Bill poster, $3 .............. L'ievele agent, $1.50 . ............................... 63 21 Bull (season), $3 .................................... 66 34 Butcher shop, $5 ..................... .............. 64 29 Look agent .......................................... 61 62 7 9 Bowling alley, $3 .............. ................... 67 37 Carrying passengers ................................. 62 12 Dance (each),$1.................................... 68 39 Dance house, $150 ................ ........... 62 15 Delivery wagon, $3 .............. .................. t54 28 Express busrne:s, $7 .................... I .......... 63 20 Feed stable, $2 ..................... :................ 66 31 Hotels, etc ..................... ........ ........... Hawker, $50 68 38 etc.,................................... 61 6 Insurance company, $1.50 .......................... 661 35 Jack (sea,on),$3.................................. $2 ... ........... ............. Land on �,ommission, 63 24 Laundry, :$5 .. .... . ....................... Liquors less than quart, $15 ......................... 67 63 36 Li:.;ry stable,$7.50................................. 19 . 1626 . feat peddler.*20. ....................... .......... 64 %enagerie,$50...................................... 64 27 Pawn broker,$10 ............................., ( 3 16 Peddling by wagon,$25............................. 62 17 Peddling on foot, $5 ................. .............. 61 4 Real estate, $3 ...................................... 62 14 Shooting gallery,$15................................ 62 10 Skating rink,$5 ............................... 66 32 Stallion (season), $10 ..... ......................... I(" a Fag e. ::: c b Telegraph company, etc., 5• ................ :........ 63 -12 Theatrical, etc., $25.............. .. 63 Undertaker, $5 .................. ................... a2 M . MARSHAL: Duties of........ 2 Bond of ............ ............. . ..... ........... 28 Duties of........ . 12 License Collector . ................................. 34 Salary of...............ti............................. 4J Rear shield ....... . 37 Misdemeanor ....... .......... .......... ... 3s Suspend policemen .................. ............. Y;S Extra duties of ...................................... 44 Office, where kept. z� Is Tax and License Collector .. ..................... 34 Now to collect licenses........ .................... `5 Collect dog tax ...................................... 75 Yost notices on bridge ........ ............ ....... S8 Inspect buildin ms ...................................... 144 MEETINGS OF BOARD General provisions.................................... 6 When held .......................................... 4,7 Rales of oiiler for ................. ................. 152 VIISDF,YIEANORS, WHAT ARE: Allow garbage or filth, etc............. ............... M Resist pound -keeper ......... ...................... 77 Interrupt public meeting ..................'.......... 81 Disturb public peace... ............................. 8I Carry slingshots, etc... ............ ............... 84 Give pistol to minors ................ .............. 81 Chrry concealed weapons .............................. s5 Fire guns, etc., in city ............................... 85 Children on street at night ..................... ..... 86 Get drunk in public view ....... .... .............. 8t; Sell indecent books ................................. 8 Indecent behavior or exposure ..................... 86 Beep or visit house of ill fame...... Bathe in creek naked ............................... 87 Dig up street ............ ............ .............. 87 Stop team on crossing .... ................:........ 88 Fast driving ........................................ 63 Orive over bridge fast ............................... SS Deposit filth in or near creek .. _.......... ......... 8,3 Tie horse to tree, etc ................................ S3 Mutilate public trees .................................. s9 Smoke opium, etc. ....... ........................ 90 Sleeping in house, no permission. .................. 90 Gambling, or visiting place of ....................... 91 Lottery, to engage in ............... Remove hitching post...... ..... .... . .......... . f'3 Swing gate, etc., on sidewalk....:........._...: ... 93 _ Fang signs across sidewalk ........... .......... . 94 Hang awnings low.... . . ............................. .j- _ Leave bo se unhitched .... ........................ 91 Play ball or fly kite on street ........ ............... (45 Velocipede on sidewalk................. t35 Permit horse on sidewalk .................... ....... Carry baskets on pole, etc .......................... 95 Depo;=it rubbish on street .................... ....... 95 T9 obstruct sidewalk.. . .......... .............. ..... 90, Interfere with city property. ................. 'Remove l 'd 1 1 8(7 )ri ge. or um 3er............................ .%6 i ! Page. Ser. L,eaz e l+orse in front of house, etc :................... 97 1 r lDra',11 water across sidewalk .............I .......... 97 97 1.) _ 20 ; iDeface signs.... .. ....................... or's osts 97 21 Remoce eurve ............................ To hang wire acros4Psidewaik ....'................... t18 22 ;.1�or httchmlr post, erecting...................... 98 113;3 24 2 Fr'!souer refuse to work......... .... 38 Yer::onify police officer ............................. 127 29 To interfere with fire department ................... 151 1-3 jilt on sidewalk, etc ....... ............... 71 3 Stock to run loose .... ............................ 151 2-3 Banana peel, etc., on sidewalk ...... ...... 13 867 iiation of any ordinance ......................... 6 �JONEY: 25 886 Collected ;paid over ............................. ... I ® i 24 4 OATH of office......... ... ...: Storin„ etc.......... ....... 0 857 Yti ho cliaible to..................................... 5 854 Val ancy in, h w filled .............................. 5 852 Ton:re of.......... 3851 852 Who arc.... ....... ,............................... - 26 Wben elect, d ......... 25 886 I terest in public contract............ • • • : .. 44 Dat+es of.......... ........... ..... ... Sen heading for each officer. i)fNANDES: 7 804 + Ilow passed ................................... 10 863 Enacting clause.... 12 807 Violation of, misdemeanor .......................... P . TACE and good order... .........,......... 81 U M R, ING: See, {Drainage. i TELEGRAPH AND TELEPHONE; Where erected............. ........ ........... .. 146, 146 3 Size of, etc.......... ................... +Li. TAX: 8 7 Board to fix.................... ............... nl 31 %ate fixed. ....:... .......:............ `LICE: 27 3 ed.......................................... 37 ..................... I.......... 38 18 ar.............. .................... 38 1920 ie. nor of..................... ............ 38 22`20 led, w:.en ........................ .......... 39 27 :,nubstitute................. .................... ...................•• protect persons and property. 4q 1 salary of........... ....................... 3 \V&ftS of city of sixth class ............::...............- i l' Y ° POlVER: p4ce. Sec. Board of Trustees.....:.,,,,, To pass ordivances....�, ....... 7,. ,��eo A;2 ...., Lease real estate.... ............... ..... Supply water .......... ........ 8 Establish highwayway-.s........... .. ................... ...... .................... Lay Sewers.-.. ............ ................ Provide for fires ...,.. Levy poll tag ...................... — S g Levy clog tax............... .................. Levy property tax .........:.................... ..... Nix licenseser 9 fr.........................I........ Improve water front !i .... • • .. • • • . ""• To erect public buildings • ') ...... , To maintain public worl.s..._..............._...... 10 ]: b'ix penalties, etc.......;... 10 Cause prisoners to wurlc "' 10 lY ., , , To pe2form all necesaarr acts 1 ...................... 1f+ 1. POWDER: How stored..... Hon- handled...... .................... bla, dDe for, where. 1:i0 c Fire or matches Lear...._........... ,._ .... '........_........ .... 14.9 150 r POUND: PubLc ... POLTND-KEEPER: ...... ........... POnnd anima a 71 ...................................... .........:.................... Notify owners. 71 5e11 animals ..........„... — ........ ............. T� ..., Pav money into treasury,,,, ..... "char�es,................ Collect 7.;; .5 ........... .. Deliver to ow. er �................:... ”` 7:i 7 ........ .......... ................ Certifi tate of sale 74 !1 ....... Ki lldog1 ........: ...:.:.......... .. 74 ;1+, Keep record of dogs........... ..................... 76 ' Appoint deputies . ......... .......... 7i' Wear badge .......... .............. 76 It; Salary of......... 73 17 .. ... ... Bond, to provide 50 .... ............. .............................. Fersans not to resist......... 7u N How a ppornted A._ ..............,c PRISON........... tilIabor j PRISONERSc Must work.............. PRESIDENT OF BOARD. See Board of Trustees. Sign warrants, etc.:... Appoint cominittees,... ..... 17 7:;• . - • Chairra-1 of Board ........ f:1 I _ PUBLJC buildiug,a, doors, etc ............. .. . . PUBLIC WORK Contract for...... . PISBL.IC OFFICER: 1781 Not to contract ... ' _ YiTNISH:h1EN1': ..... .... _ 2.5 See penalty in each ordinance. f a , stn � Page. Se. I ,. 49 ..................... ....... 44 1' �. r '....................................... G2 I1 ts...................................... 81 2-3 ofll(e............................................. 5 8:i2 oare........ ............I.............. ... 90 1 ;t, statute...................................... 1 '. 1311 _pi':al and enrgeon5... _........................ .. 104 1-2 . orXnanees......... 10 863 i ch°.coons. x �o i•crtase debt............................... 11 86b meeting........ ............................. 154 sr TR.................. .........._................. 17 875 1a7 furnish.................................... 8 862 betaken when fire........................... 128 31 �P C'LOa;E,'P9; c„,hplic3 kith water................................. 112 23 }.'iho co:mactions.....�....._ ...................... t12 24 25 T� To be kept c'.ear................................ _... 83 1 Fle.tric.i,tc., height ...................... ......... 146 1 Io, attached to'house ................. . 98 23 O�%nens of may trim trees ........................... 146 6 C1,st, when necessary................................ 147 7 Dv,ma-,e.city mAliable ...... ,........ ............. 147 8