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HomeMy WebLinkAboutCharters and Ordinances 1878 �� ...ai.�,...`? ' { �� _ � .� � 9,�� � � ��,�, �;��, ..�. ��� m�.� � . ' . �9� . , ,p�. .. . � 1�'. � x , _ � � . . "� � .,. . .� _� l. . ....—, ,,.s.:., ._, � . � ......, � ,. � ^F, . . . � � .. , � j`,''rv:. ��1��T �.1�.1���, � � � � �o�,W_xE ��� , �_ i �- i i- - - - i i - _� ; � : CQ �°�,PO�,AZ'IO� y � I � _ _ , , � ; � i � �*, ��� � . j ' _ � � , . . ___ . , .t ; ..._ � ; , . � , � �� �� � , � E � � ���Y �.0�' S�� ���I�� O�I � , : : SP�, C�L., � . I ,�-�� ���. F .-�-�'�� ; r , �� ` ����y � . ;:�: 'T' 'Ca\TIIhI\(i � � °� _ � �'" ' �� ; � �� ��rl�� �H�a����l�.��� oF�����TI��. c1�y,° ; ; � . ��� � , : - :: � _ I �S AAIENDED� � I ; ; � ; ..� . : ; ,� � AND THE SEVERAI ACTS RELr�TI�TG TO ISStiAI�TCP+. OF EO;VUS; , ' � CODIFIED OH,DINANCES;, STANDING RUL�S AND - �� i . � OItD�1tS; CITY OFFICERS, ETC. � � I � �. � � � � � - i i � � � ��� , � ���: � ��� �P���� ��I�S�'Q�Y �F �'��� �I�'I', ��� � ����; ; ��� � , � � ��� � ; - i -� ! � � ' � �` �� _ ��: i � _ � _ Published by Authority. .;, `-,_ i � k h i _ � � i .� ... . ..I _ .. i I I � I. I ' � � � � .. ' .. ' � ��� � . �, �.. .� 9dN LIIIS�ORIF PO:� � � TIILEY c$.WATER9�G`iT`(pgQ*TERS. I � � 1878. lA ' � �—J - - - � = � '-� ,��� � ��; �_ �' � i f, s�`,-.�" _.��r�e ,�.. �. . � .. . . .. . � � ' . _ , .. . - � �. . .� . � �. . ' . � . i .. . . .f� � � � � � � � � , ° C I TIr oFr�� .�:' � _ � � � � .�r, . r, . �� �� �4 ' . .. . .. � .. . � ._. : . ' ..' .. �.. .. .: . _.. , �,.,,.4 F�Ro�z I876 mo 1878,'aNCLusiti�E. � ; 98�C• I�T�ror.... ....... ........ .......: .....::........�5. P. McDougall ; 1�Tn�-oR:... .....::.......:.. ......:......... .....TIT. B: Harrison co�z�zo�v'cauu�c1L. ^ ,D. �. Bargcr, Theobald Bayer, .R. R,. Harris, L. RaeklifT'e, E. L. Reed. Cim� Cz�:xF:..... ........... .....:........<........;...JL�lins Iirebs ll'IARSHAL......:............ ......... .......J... .......A. C. '�IcLeod Por�icF JLTnrE.:........:.. .......: ......... .......:.J. .I. �iinmler . Thx CoLL�cmox.......... .......:: ........:.......::J. E. Cliilds Ar�Esro�i........... ...'.............: . ..:' r.,��.4_.,...Z. A. Pico . _ �' • T�F�su�r��.......:......... ......... ........:........A. M. Loomis ���r�c�k��r .........................:: .......:......:...g:rnest Craves ; Su�.vi.�-oz�.......... ........ ........: ........._.,....':...H. t�. ti�ard . STANDIIVG CL)�ThIIT'rF�:�: r . � P, It. Harris, ; ST�i;F7•s n:�n To��� L�rr���: �: I+�. Parger, � a.. L. Iteecl. �._ . i:. Racklif£e, Fr�a.:vc;N. tLn�n Ornz c���cd�.: � D. E. Barger, I�,. �. Harri�. { ' i I��: L. Reeci, _ Porsicr, Jlrz, .ilvn �'�xa�;'ti1�e��vr�tF��: T.��3ayer,�� � � ' � L. �',aclzlifle. � --�- —_��.. ._;:._ __:�__.:_ _>_: =--= _ - - --.. _:__ �:�r�ni May to�ep'cenib.r,13?(; l,cri_�FEr3 fru�n�it;-. � � 'fProm�e;otembex;,I&i6,�ta3Zur.,l. 1Y,�7,, �pj�ointed bp� riorernor�jrnin.� � � � ,. , , � � °�x� � i '� � � � � � � � � � � � ` iI � • , • _ ; � � i MAYOR.............. .. ... ............... .......R. �T. Pre�' tti � ` .... ... � CObTT LON COUI�TCIL. ' � � T. Bayer, R. R. Harris J. W. H�inpton, G. Huntingtp�, .ti�'. A. Aendersan. ' f CrTr CL��ti�....... ... .....Julius Kreb� i .. ..... ..... ....... ` ' ' ' , � �TAxsFraL..................... ........................*A. C. :4TcLeod � i�inRs��L................ .:.......... ........tI'rank Grady ( PoLzcE JunGE ........................:..............$J. M. DTannor. � _ , I: • Poi.ICE JUDGE.........................:........��N. D. Wit� , ' � TAY COLLTCTOR.... ................:....................�I. E. Clultl: � �1saF,ssoK.... ................ Z. A. Picc .....'...:........ a � Tit,Easu�t��t,.......... .................... A. lT. Loomi; i , � ATTORNEY.... ..:::.................................W. McConaugh3 , j� � � � � � . f SuRVEYOR.. ......... ..............H. C. Warc 1 � � ( STANDING CO1�fMITTEES, ; : ,� � � [ ` R. R. Harris, �, � STK��Ts ��vn To�iv L��vns: �J.��W. H�_frnpton, ' � � ti�. Henders�u, � • : , G. Huntington, Fi�rn�rcE axn Oxni��ixcE: �V. Henclerson, ( 3�. R. Harris. ` T. Bay er, PciLic�, J.�iL livn FrRE DEPa�,T�iExT: � J. `V. Hampton. ' � G: Huntington. ` ` BOARD OF HEALTH. � � R. M. Preston, President. , � ; � , .f W. W. Ha.ys, M. D., D.E. Barger, M. D., J.Ransom, ry1. � ., , , i — — � �Frum�ay to August,1877. Resigned. � � - - 7From�ugust,1577,io�aTch,1878. Appointedby tLe C�overnoa $From 2Viay to October,1877. l�esigned. 4 I IlFiom October;1577,tu biarch.1578. Appointed by the Guvernor. �I� ui I _ i� �pi6 �C I� - _ � -- � — -- — . . � . . - :�..�:CITY OFFIC�RS. . � .. � 5 . . . . �� . �.'�/C7• � � . .-.. . � . . MAYOR........................................:.......P. A. Forrester COMMON COUNCIL. Theobald Bayer, W.fi. Barron, Y. S. Finney, G. Huntiiig- � ton, Geo. W: ldTauk. CITF CLERK....i.......... .................:...........JU11US Krebs iITARSHAL. ...........:.:............. ................:........T. f3Ulrip Por.icE JuDGE............. ...............................N. D. Witt - Tnx CoLLECTOR......:.........F.......................J. E. Childs , , ACsEssoR.................._. ......... ...............:......Z. A. Pico � TPEnsURER........ ........ ........: ...:.'..............H. 'Loobiiner ATTOP�vEY.................. .................. ........:R. C. Bouldin SUitVEYOR................. ........: ..C...................:............ Pou�rn KE�:P�R. ....:.... ........: ......... .............City Marshal � CHIEF ENGINEER OF FIRE DEPARTi1fENT. 1$t 11,SS�T.; t t t c u •2a << rt ' tt u � � '� ��S7`ANI�I�NG COM�tZIT�EES�OF �GOUl�CIL. �� � � � 'r �ay er, S�rx�Ezs nvr� TG�viv L��vl�s: G. I�untington. G. ��'. 1Vlauk. : � G. tiV. i�Tauk, Fr:�:�:�cE ri�v Oi�viN<��c�:: P. S: I'inney, , ���'. T. I3arron. � �r. T. Ba.rroii, . PozrcE, JazL �ti n Fs�,�; DErekT�i��T. � T. Ba�er, , � P. S. Finney. f30:4RD O�'HEALTH: - P. A. Forrester, Presidei7t. .. ` �i-' >,NI. D.,G.B.Nichola,M.ll.;E.A. Crepin,DT.ll. ;4f=�'�4. . � i . � .. � � . . .� . .��. � �. . . . � � ' �i � �. . . ..�., . � . . ., ..� , � f. r �' � ;{ ;I ; �1� ! � �� � � � � if ;� ; i ; � ' Histor� of th� �ity, I � . � ; . � ' � e � .TxE Mission of Sa�n Luis Obis o was founded , � P .. bythe Order of Fra.nciscans, Septeml�er 1st,,1772. In the �egin— i ning of the succeeding year the erectiou of the present a 'E � Catholic church was cornmenced. Soon after,'the-builclings ; � forming t•he patio, or square, of which the church is one of ; � � ' � the sides, were built. The materials.for t]�ese edifices were � ; gathered on the ground, or in the neighborhood, ancl were � J put into the shape in whic°h they are now f'ound by such ` ; i labor as the Fathers coulci improvise on the`epot from the � Indians; �vlio were then the sole inhabitants of the countr`, ; � I i directed by their own matchless skill. The Mis�ion f3our— ; , ished fro�i its very foundation. Im a few years its flocks G ` - and herda became: almost countless. Schools were estab— �� � I liehed and constantly:�ept up b��the friars, who dedicated � i themselves to the good work of civilization and religion 4 , i with a zeal only equaled by their heroism. Improvements � were made everywhere in the immediate neighborhood. � - � Orchards and vineyards were planted, and the earth culti— �k 1 � vated. All this continued tiil the secularization of, the � Missions of California, by decrees of the 1�Texir�an Congress � of the 17th of August and 2Gth of November; 18�3. To F • execute these, it became the plan of the Government ofiicials i to assume absolute control of the:Indian neophytes, the ' , wards of the priests who had turned the�i'from savages int€� .� ,;� civilized beings, and to administer the funds and propert�- ( of the establishm2nts indepenclent alike of priests, religion, , � and honesty. Accordingly, the priests �vere turned out, or. � � confined solely to the celebration of masses in the churc•h, ' � and the performance,of other purely clericaP duties, an ad— � ; ��� �''� � ��� ��� � _ - --r— � _—�.— � � � � _. ._ ' � . ` � � � HISTORY.��. � . -_ ..7 . . miniatrator of the DZission tiud its propert5� appointed, �nd straightway ruin and misrule commenced. It did not take many ye�rs for the civil and military of�iciala who f�stened themselves u�on the ��Establishment,'' like so rrian5�leec3ies, to finish i�.p by making it ��, wilderness dgain: The neo- phytes dispersed; fields, orchards and vineya,rds went to ruin for w�nt'of care. The flocl�s and herds c�iiriinished, until at last the ����t:�blishment" bec�rne bai�krupt, tind ready to be turned into a pueblo. It w�is the object of tlie secularization laws of both Sp��in and. iVlexico to convert the missioils into To�vns or 3'ueblos,'and to graut their l�nds in fee to actual settlers. Regulations of the Departmental As– sembiy of California, of 9th August ana 3d November, 1834, prescribed the conditions upon which this wa,s �o be effected. Under these, San Luis Obispo was declztired a pueb7o, and bounda.ries were assigned its jurisdiction a.s stich. These are difficult to traee at the present day, �s the record of the act of the of�icer who fixed them w�e ciestroyed in 184(i, �-ith other archives of the pueblo—to keep them, it is said, from falling into the hands of the Americans. There can be no doubt of the fact, however, th�it Sau Luis Obispo �vas recagnized and treated <is an organizect pueblo, having a ' regular pueblo organization, under the i��exican law, ancl that the change of flags found it in this condition. Lots were granted out in f'ee to actual settlers, both for building and. agriculturai purposes. A large portion of the town proper was covered by such grants. Af'ter the change of flag�; and down to and including the year 1550, these grants con– tinued to be made. In ` 1853, the ;pueulo claim `vas presented to the Land Commission�rganized uncler the Act of Gongress of March 3d, 1851; py Halleck, Peachy and Billings, attorneys for the ��City of San Luis Obispo:" The� Commission rejected the claim, August lst, 1854. It is understoo� fhat no proof was acic�uced �efore the Board in behalf e_`�i - i�im;-incleed, there was no legal authority for the pr „_::�.-?,ai� af the claim, as there was no such entity as the i'it�: i z-"an Luis Obispo." ':-'�, ,_t +�rganization of the town took place in May 1859, � : <<�;�, ,-inc e that time the town,government has been kept �.� ; :,ut, until the spring of 18G8, it gave small sign of � � ?:;L�';y. When the public lands were surveyeci,by the Gov- E�f,rnent, in November,'1867, it became necessary for the � �,wn a�uthorities to enter the lands of its site in the United - States.Land OfT'ice at San Francisco,and this,was done eariy ' in 1868, under:the Aet of Congress of 1867. , � � f� ��'a.��� i .. �, . ., . . _ .'. . �,'���' � - � GI ' _ 8 xrsro�i. ;f ': On the '.3d of March, 15�4, the Le�islature p��5e�3 the �ct ��To Settle the Title to Lands in the Town of San Luis Obispo," and on the 24th of the same month, a gener�l nct � �vas passed, ha.ving for its obj�^t the eYQcution of the trust vested in the Legislature bv the Act of Congress of 1867 � ; over town lands entered under the last named act. � ' In 1874, uilder the provisions of an .Art passed I�y thE=' Legislature of the previ�us session, Town Boncis were ; � �� issued to the amount of:�1f),�00,bearing intere�t at 8 per cent, � � per annum, and payable in fifteen years, ivhich bond:s were ` sold for 30 pnr cent. of their par value, and the proceeds , F � applied to the conctruction of bridges, grading of streets, and other v<liva�ble�tin�l perin�nent improvements within the � f Town. ! � r�,.—�"�`� By an act of the I�egislature, passed l�Tarch 20th, 187G, ,, E the City of�San�Luis Obispo w�s incerpor�ted,and'euceeec�ed� �,. � � to all the rights, interests, possessions and lia.bilities of the former town The Ii�nits of the City were extended to their ; � present condition, and provisions were made for the election ! �, of City officers. Legislative power was vested fn a Cornmon � Councii, eonsisting of five members, with the Mayor, as � . � President thereof. : : � " On the same day an act �vas passed authorizing the iseua.nce of Town Bonds to the amount of �15,000, bearing, s ' interest at 8 per cent. per annum; and payable within twent�-: ( ! years, the proceeds of which tivere to be applied to the float— � � ing debt of the Town, and the erection of buildings for Town ; uses. Of this amount,9�8,400`were sold at 93 per cent of j i their par value, with which the floating debt �vas extin— � i guished. There still remains, subject to sale, the sum of' � ��,600, to be dieposed of as the Common Council m�y de— � termine. - � At the session of the Legisl�ture of 1877-8, a bill was ;,1 ; passed, authorizing the substitution of City Bonds for Town' . Bonds of issue of 1876, for the purpose of curing an alleged irregularity in the issuance of the latter bonds. At the same session an amendment was made to,the � original act providing for the filling of all vacaaicies in the �� ; city elective offices, (except. that of Mayor), by appointment ' in the m�nner,prescribed for appointed officers: �, ' It is now considered that ample legislation has been hacl,, and power� conferred upon tne city oflicers, to provide fc�,, � and insure the good mauagement and prosperity of the City. ; .° � ` # A codified system of ordinances h�s been carefully prepared , a.nd enacted, to provide sufficient revenue for the. support of ��� : I� • p � � , � I �� �^=�.— ``9'u a - _ --_ - � . ' ��.� -, - — _ _- _ . . . . . � . .. � � . . � . . . ... HISTORY. - C� the inuuicipal government, and to gu�raiztee to its citizens protection and good order. And with the recurrence of our wouted seasons of bountiful harvests, the revival of our local industries, and re—establishment of public confidence, the future of the city is assured "in �vealth, population and gen_ eral prosperity. 'Phe city inde'�tedness ie less th��u th�t �f an3� other city of like population in the State. Licenses are ,moderate, taxation low, and the expense of carrying on the municipzl government ie xiominal. The city contains m�iny handsome private and public buildings that wouid be creditable t�� cities of la.raer pretensions. Gas and w�ter rlre supplied of good quality, and in 5ufficient qua,ntities at very re:zsoua�ble rates. A system of grades Yias been adopted which is being carried into operation at a �ery light expense to �ropert�• holders; and the complete sewera,ge af the city c�n be . effected through natural channeis, and is now a subject of' investigation by the Board of Health. The stores and manufactures are adequate for 1oca1 demands, and every professional and' mer��ntile branch and inaustry is compe— tetitly represented. The climate is unsurpassed for salubrit3�, and uniformity of tem�erature. The ad,joining lands are . extensive, productive, �nd easily purchasable. The position central �,nd pleasantly situated, and ever�� inducement and facility oifers for making pleasant homes, and succes� in business. Aud no reasons exist why San Luis Obispo should not in time take ranl� with Lhe highest and most enterprising xnunicipality on the Pacific. Saiv Lurs OBisPo, April 75th, 1378. ��l4 i i i � � +� �I !� ; � i . � ' }�� 1 � `' THE ��I��.TER . � � � i ' OF THE . � � Cit of San L i �i � u s Qbispo, �' �iND ACTS RELATING THERETn. ; � � � ��.� � � �� r1n Act�to Provic�e Funds for the Tour�a of San �Luis � s � Obispo. ' . ; �. . E '1'xE PEOPLE oF TxE STnTE oF CALrFox�riA, represented : in Senate and Assembly, do enact as followsi � SECTto� 1. ' The Baard of Trustees of the Town of San j' ' Luis Obispo are hereby empowered and authorized to issue �` �tind sell bonds of the Town of San Luis Obispo,to an amount ; not exceeding Ten Thousand Dollars, payable in gold coin of E' ' the United States, at the office of the Town treasurer, in the [ Town of San Luis Obispo, on or before the first day of Jan- � ' uary, eighteen hundred aud eighty-nine, bearing interest !r not to exceed the rate of eight per cent. per annum, and payable annually on the first day of January in eacl� year, in' the gold coin of the United States, at the oflice of the Town Treasurer in said Town. SEc, 2. Said bonds shall be in sums of One Hundred Dollars each, a.nd shall be signed by the President of the Board of Trustees a,nd Treasurer of said•Town, aiid shall s � have the SeaL of said Town af�ixed thereto, attested by the � �` Clerk of the Board of Trustees of said town. Coupons for ` ; the interest shall be att�,ched to each boizd signed by the Treasurer of said Town. SEc. 3. Before the sale of said bonds the Board of � Trustees shall, at a regular meeting of the Board, cause to ! be entered upon the records of sa,id Board an order directing , ; �i� � I li I.. �IQ�. . . � � . . � N I � - --- � .. .ACTS.�. . 11 . the�sale of�a.epecial an7ount of s��icl boncls, and the da3� and hour,of such sale, and shall cause an order of auch sale to be ins�rted-in a newspaper printec�and published in s�id town, a�nd in ai75 other newspaper, if they shall deem the same expedient and proper, for �t lea.�t,twenty days, and a,notice that sealeci proposals will lie received by tlie said Bo�rd for the purchase of said bonds; on the clay and hour named iu said order, the<said Board shall open;a.11'sealed proposals received by them, and shall a`vard the purchase of: s�id bonds to the highest responsible bidder, provided, that thE� said Board ma�- reject any and all bids.. . Provided, that n�i sale sh�ll be made,for a,less�.rate tha.n ninety per cent. of the par value of �aid boncls. �S�c ��� ���The� amount of �bonds.aold, the3r� number -�nd � � cla�te, shall;be �entered upon tfie�reeor�Is�.of said, Boa�rci, iu<i�� book kept for that purpose. s � SEc. 5. :Th� proeeeds of said,,bonds shall be �aid iirto the.;Town Treasur� of said town, ;to the account of siicli funds as the Bo�rd of Trustees sha11 direct; and shall be used ancl expended; first, iu payxneut of the floating indebted— ness of said town; seconQ, in paying tlie cost of construction of bridges across the creeks withiu said town; third, ii� ' opening and improying tl�e streets�f Said town; and fourtli, in suppiying the;said towu ;with, water, by,constructing• tvater works. SEc, 6. For the p�yment within fifteen years of the prin— cipal and interest of the ,bonds issued under this Act, the Soard of Trustees of said: t�tivn is her�by authorized, anci it � shall be their dut�,to lev�.annua,lly at;the same time a�nd in the sa.me rna.nner a� other to`�n taxes are levied, a tax on all the tax�ble property in said town, and to fix the rate of,per cent of such tax over and above the amount provided by the acts incorporating said town, suf�inient to.pa�>the interest on all bonds sold and u�iredeemed,�as herein provided, not exceeding one per�centi,;and.the fund.cierived from �this,ta.x shall be s.et apart and applied exclusively to the payment of the interest on the,bo�ids herei� providecl, and in the ye�r eighteeu hundred anc3 seventy-nine,ancl annually thereafter, in addition to the ta�x for the payment of tlie intereet a� aforesaid, a tax not exceeding one fourth of one per cent on each one hundred;dollars, shall-be :levied as aforesaid, to create a fund for the final redemption of the saici priticipal of the said,bonds at the time when they sha,ll become due; and the fait,h and credit of the _said town is hereby pledged for the pro�npt p�,yment of the bonds issued by the said tow�n .1 i `���,.� � i� ' , � � � ��' �( 12 A CT3. -;:;� . - ' . ' . . �� i as herein provicied, and the final and complete redemption thereof, and any money so received by taxation shall not be i applied or used for a,ny otl�er purposes than�Ls herein pro- � vided. : SEc. 7. On the first ilZonday iu January,eighteen hundred � � �tincl eighty, and in eaeh year thereafter, whenever there � 7 ' remains in the Sinking Fuud afore�aicl, the sum of five � � ! hundred dollars more than will pay the interest then due, the Town Treasurer shall advertise for four weeks in a ( newspaper, printed and published in sa.id town, for sealed proposals, to be opened ten days after tlie last�of said pub- ` ; lic�ations by the Town Treasurer, in presence of the President i of the Board of Trustees of said town, for the surrender of G ' uoncls is5ued under this Act, which advertisement shall state � � the �mount of money he has on ha.nd for the purpose of redemption, and they sha11 accept the lowest proposals, at ' S` ' r�tes not exceedin �,r value as ma � recieem the � I �' p` ' S greatest a:mount of bonds, until the amount of cash on hand is F - exhausted; .provided, however, that in case a sufTicient � a � <lmount of auch bonds shall not be offered as aforesaid,to � f; exhaust the Sinking Fund as appropriated to the payment - 4 ' ' bf the principal of said bonds, t.hen it is hereby made the cluty of the Town Treasurer to advertise in a ne`vspaper � ; �vithin the town of San Luis Obispo for two months, �vhich advertisement shali state the amount in the Sinking Fund E i � appropriated for the pa.yment of bonds as provided in this � i Act and the number of bonds,numbering them in the order i �' of their issuance, which said fund is set apart to pay and ' ` discharge, �,n�i if such bonds so numbered in ea.id advertise- G '' ment shall not be presented for payment and cancellation � � within ten da s after the ex iration of Y p' public.a.tion of such notice, them said fund shall remain in the Treasury to dis- G� . charge said bonds whenever presented, but such bonds shall � ,;; not draw interest after the expiration of said ten days after publication of notice as last aforesaid. SEc. 8. The Town Treasurer shall keep a full and particu- � lar a,ccount and record of his . roceedin s under this � ; P g Act, i a�nd'of the bonds issued, sold, surrendered and redeemed, arid he shall transmit to the Board of Trustees an annual ! '? report showing ali his proceedings under this Act, ,�, � 'SEa 9. It sha11 be the duty of the Town Treasurer to pay the interest on said bonds when the same falls due, out of rnoney in the$inking Fund appropriated to the payment of € the interest thereon, and if the said interest fund is not � > suHicient, to pa�y the same out of the Gener`al fund. ,: I� i: 'd —' I --- —_ _-- —__. _ ACTs. 13 SEe. 10. Immediately after the passa.ge of this Act, the Town Treasurer shall provide suitable bonds uuder this Act, under the direction of the Board of Trustees, at tlie expense of said town. _SEc. 11. This Act shall take effect and be in force on aud after its passage. R. PacgEco, President of the Senate. - MORRIS M. ESTEE� Speaker of tne Asse�nbly. Approved, March 6th, 1874 �N�WTON BOOTH, GOVERNOIi,. , STATE OF CALIFORNIA, � DEPARTI�IENT OF STATE, I, DxuRY MLLor�, Secretnry of State of the State of California, do hereb5� certify,.that I have compared the �nnexed copy of,Senate Bill No. 221, of the twentieth session of the California. Legislature, with the origin�l now on file in my office, and that the same i� � correct transcript therefrom and of the whole thereof, : WITNESS my hand and the Great Seal of State, at . � office in Sa.cra.mento, California, the 9th day of March A. D. 1874. : r DRURY MELONE, . Secretary of State, BY H. H. RtisSE�L, Deputy. AN ACT , To incorporate the City of�San Lc�is Obispo. (Approved March 20ih,1876.] THE PEOPLE OF THE STATE OF CALIFORN7A� TepPeSOritEC� in Senate �nd Assembly, do enact as follows: SEOTiorr 1, The territory described in the second section of this Act, and'the inhabitants thereof, are a municipal cor- 14 ACTB. poration, under the Political Cnde of this State, ancl are to be knqwn as the City of San Lnis Obispa SEc. 2. The boundaries of said city are as follows: Begin_ ning at <� point on the line between townships thirty�,nd thirty-one aouth, range twelve east, Mount.Diablo meridian, said point being e:�at twenty chains distant from the corner ; to sections one and two and thirty-five and thirty-six of i townships thirty and thirty-one south, range twelve east, Mount Diablo meridian; thence uorth one hundred and fort�- chains; thence �vest one hundred and forty chains; thence south one hundred and twenty chains to the uortheasterl3� boundar,y line of ��Laguna" Ranch; thence following snid boundary line of said ranch southeasterly to its intersectiou . : with the aforesa,id line between said townships thirty ancl thirty-one; and thence following said township line east to the place of beginning. SEc. 3. The Comrnon Council of`�aid city sha11 consi�t of five members, who, with the Mayor, Assessor,Marsh�l, Tax Collector, and Poliee Judge, shall be choeen at an election to be held in said city on the first Monday of April, eighteen huncired �i�id�seventy-six, and shall go into oflice on the first iVlonday of 'May, eighteen hundred'and seventy_six, 'and shall hold their office for one year, and until their successor� are elected and qualified. The Mayor is the President of the Councii, and has the casting vote in'case of a tie. Neither the 1Vla.yor nor'Councilmen may receibe auy.compensatia�i for their services. All elective city officers must be chosen • at large by the electors of the city. SEc. 4. The said city succeecls to all properties, rights, title�,'interests,`possessions, credits, immunities, liabilities, debts,and obligations,in law and in equity,tha,t ma3�pertain to the Towu of San Luis Obispo at the time this Act take� effect. SEa. 5. All ordinances heretofore pa.ssed by the Town Trustees of the Town of;San .Luis Obispo, pursuant to law, . ahall rema.in in force ae ordina.nces of said city until repea.led by ordinances passed by,the Common.Council of said city. SEc. 6. The city shaIl crea:te no indebtedriess during an�� one year exceeding, in the aggregate, its revenue for that year. In making eetimates as to its'revenue for the current year, the estimate roll of property in the city for the previ- ous year must be the basis of calculation, deducting fifteen per cent. for delinquencies. For the first year the assess- ment,roll of the Towu of San Luis Obispo must be the basis. No warrant shall be cira.wn on the treasur�:unless there is . .. ' ACTS. 1� money to p�y it on presentat�ion. No aecount must be � zipproved,nor�scrip or ottier evicience of iudebtedness isgued; � nnless the money to pay it is in the treasury,`' � _ SFc. 7. An Act to incorporate the To«�n of S�ii I,ui� Obispo, �pproved Ma.rch fourth', eighteeu hundred 'nnd seventy-four; and all Acts timendat��ry thereof, are repelled, SEc. 8. This Act �hall take effect on the first' 1�Toud�,y of i�Zay, eighteen huiidred ancl seventy-si�. But' the County Judge"of San Luis Obispo County shall give notiCe of the first election for the elective officers of said city, canv<tes the vote thereat, and decl�re the result thereof, and for this purpose this Act takes effect immediately. ; A IV ACT ,' To Provide fo�� tlae fssua�2ce of Bonds of tlze Tow�a of San Luis Obis��o. ' �ApProved, 1Vlarch`20th, 187�,.) ' THE PEOPLE OF TI�E STATE OF CALIFOR\TIA� I'A�)T2S8riteC� in the Sena.te and Assembiy, do enac�t as follows: SECTzo:v 1. The Board of Trustees of the Town of San Luis Obispo are.hereby a,uthorized axid empowered to issue �,i1d sell bonds of the Town of San Luis Ot>i5po to an amount ' i�ot to e�ceed the sum of fifteen thousand dollars, payable in gold coin of the,United States at the of�ice of the Town Treasurer, in the Town of San Luis Obispo, on or before the + first day of January, in the y ear eighteen huudred ;and ninety-six, bearing interest not to exceed the rate of eight per cent. per annum, xnd payable'annually on the first day ` of Ja.nuary in eacn year, in the gold eoin of the United . States, at the office of the Town Treasurer, �in the said totivn. SEc. 2. Said bonds shali be in sums of one hundred dol— lars each, and shall be signed by the`Eresident of the Board of Trustees and by the Treasurer of the said town, and shall �have the seal of said town affixed thereto, attested by the Clerk of the Board of Trustees of said: town; coupons for the ii7terest shall be attached to each l;ond; signed by- the Treasurer of said town: ,, IG ACTS. SEc. 3. Before the sale of eaid bonds,the Board of Trust ' ees shall, at a regular meeting of the Board cau5e to be ' : entered upon the records of said Board, an order directing the sale of a special amount of said bonds, and the d�y ancl hour of such sale, and shail cause an order of such sale to be inserted in a newsp�tper printed and published in said town, and in other newspa.pers, if they shall deem such additional publication necessary and•proper, for at lea5t t�-enty days, and a notice that sealed. proposals will be, received by said Board f'or the purchase of said bonds. On the day and hour named in said order and publiahed notice, the said Board of' Trustees shall open all sealed proposals received by them and shall award the purchase of said bonds to the highest responsible bidder; provided, that the said Board rna.�� reject any and all bids; and provided, that no sale shall be made for a less rate than ninety-three per cent. of the par value of said bonds. SEc. 4. The atnount of bonds �old, and their number, sha11 be entered upon the records of said Board, in a book kept for that purpose; provided, that if at the time specified in the order and published notice, as provided for by section three of this Act,no bonds are sold, or the amount of mone�• realized from the sale of bonds at that time, shall not equ�il the amount of the floating ctebt of the said town, then, a.nd in either case, the said Board ma�y again offer for sale the said bonds as provided for in said section. SEa 5. All the money arising from the sale of bonds, as � herein provided, shall be paid into the to�vn treasury of the . said town, to the account of sucb funds as the Board of Trustees shall direct, and shall be used in the payment of the 8oating debt of said town; provided, that if any sums of money are remaining as a balance after th� payment of the said floating debt, the amount of money so remaining may be used by the said Board of Trustees; first, in the erection . of a city hall and jail in one.building; second, in the erection of an engine—house; provided, that if, in the opinion of the said Board of Trustees, a city hall and jail, and an engine— house, each suited for the purposes and uses for which it is intended, can be erected in one building, then and in that `case the said Board of Trustees xnay appropriate and use the said balance remaining, in the ere.ction of the said building together, in one structure. SEc. 6. For the payment within t.wenty years of the principal and interest of the bonds issued under this Act, the Board of Trustees of said to�n is hereby authorizeci and • i _ i �, � � � � . ACTS.� � 1� requirecl to levy anntially, �t the saine tirne anci in the�same manner�a other town ta.xes<ire lebiecl, <L tax on ,�11 the t.ix— able property in ��id town,and to fix the rate of per cent, of � such tax, over ancl zlbove the �mount provided by tl,e Act, incarporating said town, sufficient to pay the interest on all bonds soid ancl unredeemed, as herein provided, not exceec�- � ii�g one per cent:i ��nci the fund�derived frc�m tl�.is tax shail � be set apart and applied exclusively to the p�iyment of the interest on the bond� herein provided; and in the yenr - ' eighteen hundred anci eibhty—two, and annually thereafter, in addition to the t�,x for tlie payment of the intere5t as af'oresaid, a tax, not exceeding one—fourth of one per cent. on e�xch one hundred aoll.ir� of the taxable property in the said town, shall ue levied as afores�id, to crz.�te .L fund to be known�,s the Redemption Bond Sinking Fund, for the final redemption of the s=3id principal of said bonds �t the time � when they shail become due; �uld the faith and credit of sa.id town is hereby pledged for the prompt payment of the bonds issued by said Lown a,� hereiu provided, and the final and complete redemption thereof; and any mone` so received by taxation sh�ll not be applied or used for �n�- other purpose than as hzrein provided. SEc. 7. On the first i�Iond�,y in January, in the year eighteen hundred and eighty-three, a,nd in ea�ch ye�r there- after, whenever there remains in the sinking futid a�foresaid, the sum of five hundred dollars more than will pay tl�e interest then due, the Towii Treasurer"shall advertise for fonr week'e, in a newspaper printed ,and published in the said town, for se�led proposals,.to be opened ten days after the last of sa�id publications, by the Town Treasurer, in pres. ence of the President of the Board of Trustees of said town, for the eurrender of bonds issued under this Act. The said advertisement shall state the amount of money on hand for the purposes of redemption; arid they shall accegt the lowest • proposals, at the rates not exceeding` par value,'as ma�- redeem the g�eatest amount of bonds, until the amount of eash on hand is exhausted; provided, however, that in case a sufficient amount of such bonds sha11 not be offered as aforesaid to exhaust the sinking fund as appropriated to the payment of the principal of said bonds, then it is hereb�- made the duty of the Town Treasurer to advertise, in .�i newspaper printed and published in the Town of San Lui� Obispo� for two months, which advertiaement shall state the amount in the sinking fund�ppropriated for the payment of bonds, aa provided in this Act, and the tiumber of bonds, r r 13 � ACTS. , r numbering them iu the order of their issuauce, which said , � fund is set apart to paS�and discharge; and if such boiids, � so numbered in said� advertisement, shalt not be prese��ted � � � for payment aiid�cancellatioii within ten day5 ��fter the expi- ration of� pubiication of such notice, then said fuud ,hall reinain in the town�trea,sury�to dischar�e s�tid bonds when- ever pre�ented; but such uonds shall not di•aw interest after the expirati��n�of said ten da-ys, after publication of noti�e�s ia5t�toresaid. SEc. 8. '1'he Town Tre�surer shall keep a full and true �iccount �and record of his proceedings under this Act,�and �t' k�onds issued, 4old; surrendered, and redeemed; and he sh�ll transmit to the Board of Trustees ��n annual �repqrt ahowing ail his proceedings under this Act. ' �� " SEc. 9. It shall be tl�e duty of the ,Town Tre�surer to pay the interest on said bonds, when the same falls due, out of rrioney in the sinking fund appropriated to the p�tyrnent of the interest thereon; and if the money in the said sink- iug fund is not sufficient to make such payment, then to p�y said interest out of the Gerieral Fund: � SEa 10. 'Immediately after the paseage of tliis ,Act the Town Treasurer shall provicie suitable boncis under this Aet, under the direction of Ehe Board of Trustees, at the expense of said town. _ SEc. 11. Sfiould said town be changed'into a city before said bonds are issued and sold, the city succeeding to the present town government shall have power to carry out and execute the proviaions of this Act, and rnay issue and sell said bonds in the manner prescribed herein; and said city shall succeed to all liability of the town on account thereof. Iu that case, said bonds shall be issued as the bonds of the city. Sic. 12. This Aet shall ta.ke effect and be in force from and af'ter its passage. J _ �, : , � Y ` ��------�--^�— .. . � ACTS. . 1�J ' R . .. . . .��:�,■ ll�� '.. � '1'o Pi-ovide �for the Substitvctio���of I3onds of tlae CitJ � ��:of Su?��Luis Obi�po i��a LieEc of��Boitds of tlae Tcr�vn of,Sctin.�uis Obi,s��o.. � 'Pri�, P�:oPL� oF Tx�: STa2�;1�F CAr.iFo�z��ie, represented in Senate and Asseinbly, do enact as follo�v5: S�cT[o� 1. ' The`Cornmon Council of the Cit;v of San Luis Obispo are here?�5� authorized �,nd empowered to issue boncis of the' ('ity of San Luis Obisp�, to the amount of Fifteen Thousand Doll�rs, payable in the gold coin of the United States of' America, at the office of the Cit3- Trea�urer, in the City of San Luis Obispo, on or before the first' cla.5 of January, in the year eighteen hundred and � ninety:eix, ancl bearing int�erest at�the rate of eight per . cent. per annum, pa,��able annually on the first da5� of Jan- uary in eacli year, in the gold coin of the United St�,tes, at the office of the City Treasurer of said city, SEa �. Said bonds shall ue in aums of One Thousancl Dollars each, and shall be signed by the President of the � Coinmon Council and by the Treasurer�of s�,iFl city, and sha11 have'the Seal of ,saicl City affixed thereto, attested by the Clerk of the Cominon Council of said city and coupons for the interest on said bonds signed by the Treasurer of said city shall be attar,hed to each of said bonds. . S�c 8. For the payment within eighteen years of the principal and interest on the bonds issued under this Act the Common Council of said cit5 is hereby authorized and directed to levy a.nnually at the same time and in the sa.me rn�nner as other city taxes are levied, a tax on all the t�,xable property in said city, and to fix the rate of per . cent of such tax over and above the amount provided by the � acts incorporating the City of San Luis Obispo, sufficient to pay the interest on �11 bonds issued as herein provided, not exceeding one per cent, and the fund cierived from this ta� shall he set apart and applied exclusively to the payment of the interest on the bonds herein provided, and in the year eibhteen hundred and eighty-two and �,nnually thereafter, in addition to the t�x for the pa.yment of the interest aa afores�id, a tax not exceeding one fourth of one per cent on each one hundred dollare valuation of t�,xable propert�• „i „p ncTs. `� ii7 the said city, shall be levied �,s �tforesaicl 'to create :i fund to be known as the Rede�nption Bond Sinking • P`und for the fin.ii redexnption of the said princip�l �>f said bonds at the time when they shall become due; :ind the faith and credit of said city is hereby pledged j for the proinpt pa��ment of the bonds issued I�y said cit�� ' <zs herein provided; and the final ancl complete reciemption thereof, and any rnoney so re:;eived by t�,xation shall not be �ipplied or u5ed for any other purpose than as herein pro- vided. SEc. �, On tl�e first i�Tondn.y in January, eighteen hundred aucl eighty three, aud in each year thereafter, whenever there remains in the S�inking Fund aforesaid, the sum of one thousand dollars more than will p�y the interest then due, the City .Treasurer shall acivertise for four �veeks in a, newspa.per, printed anci published in said cit�, and iv �ti newspaper published elsewhere if the said Common Council deem such additional publication expedient or necessary, for sealed propos�is, to be opened ten da.y� after the laet of 5aid publications by the City Trea�urer in presence of the President of the Common Council of said Cit��for•the surren- der of bonds issued nnder this Act. The said a,clvertisement shail state the amount of money on hancl for the purpose of redexnption, and they shall accept the lowest proposals at the rates not exceeding pa.r value, as will redeem the greatest �moant of bonds until the amount of cash on hand is exhausted; provided, however, that in case a suflicient . amount.of such bond� shall not be offered �s aforesaid, to exhaust�the Sin�:ing Fund as appropriated to the payment of the principal of'said bonds, t,hen it is hereby made the duty of,the- City Treasurer to advertise in a newspaper ' within the town of San Luis Obispo for. two months, �vhich advertisement shall state the amount in the Sinking Fund �ppropriated for the pa.yment of boncls as provided in this Act, and the number of borids, numhering them in the order of their issuance, which said fund is set apart to pay and discharge, and if such bonds so nurr�ered in said advertise- ment shall not be presented for payment and cancellation within ten days after the expiration of publication of such notice,then said fund shail remaiii in the city treasury to dis- charge said bonds whenever presented, but such bonds shall not draw interest after the expiration of said teri days after publication of notice as last aforesaid. SEc. 5. The City Treasurer shail keep a full a.nd true account and record of his proceedings under this Act, 1 . . � . . � � . . . � � � - �ri-- . . . . ` seTs. 21 �ind of b�tids i55ued, substituted, eschanged, surren- <lered and redeemed; and he shall transmit to the Common Council of said city, an annual report sliowing all his pro- ceedings under thi� Act. ; SEc. 6. It shall be:the duty of tiie City•Tre�surer to pay the iiiterest on said bonds when the s<lme falls due, out of r7�oney in the City Treasury appropriated to the pa.yment of the interest oi� the l�onds issued under the provisions of this �1ct; and if the a,mount of r�oney in sa,id Treasury so appro- priated to the payr�ient of said interest is not suf�'icient to . m�ke Such payment, then he shall p�,y said intsrest out of ' the General Fund. - �• . S�:c. 7. Immediately after the pass�be oi this Act, �the City Treasurer of said city shall provide suitable bonds under this Act, uuder the direction of the Common Council of said city, and at the expense of said city. SEa S: After the issuance of said bonds aud before any • disposition thereof is made, the Common Connc;il of said . city, shall, at a regular meeting of said Common Council, ca.used to be entered upon,the record of tl�e proceedings of , said Common Councii, an vrder 'directing a notice to be inserted in some newspaper printed and published in said city, and in other ne�vspapers if they shall deem such addi- tional "publication necessary and proper, for not less than twenty cla.ys; said notice shall be directed to holders �f bonds of the town of San Luis Obiapo, �ind shall contain an inform�tition to all partiea holding bonds of said town, that J said Coinn�on Council is prepax•ed to exchange bonds issued under this Act, for, and in lieu of b�pds of the former town � of San Luis Obi�po, issued under the act entitled «An•Act to provide for the issuance of bonds of the town of San Luis � Obispo." Approved March twentieth, one thousancl eight hundred arid seventy-six. SEc. 9. >At any time from and at'ter the last publicati�n of said notice to hoiders o£,bonds, any person who is the ' holder of k�onds of the Town of San Luis Obispo, issued under the said Act,approved March twentieth,,one thousand � eight hundred and aeventy-six, inay file with the Clerk of the said Common Counr.il sealed proposais, signed by the holder of such bonds, or by his regv1ar13� constituted attor- ney-in-fact, or if such proposals_be from a, corporatioi�, then by the Secreta,ry,at�d President of such corporation, for the exchange of.bonds of the aaid town, issued under said Act, approved i�Iarch twentieth, one thousand eight hundred and seventy-siY; saicl sealeci propoeals shall centain a list of the * 22 . _�cTs. , bands proposed to be eYchanged according to their number �nd amount:s; and a15n,the;gros� �,mount of l�onds, according to the principcii in.them nameci; proposed to be exch�,nged, and an of�'er t� exchange.:sueh bonds for and in lieu of�,like amount of boncis i5sued under this Act: SEc. 10. At-the first`re�ular meeting of said Common Conncil suc�eeding the filing of the proposal or proposals for the surrender of k�ovds �s hereinbefore provided, the szii�� Common Council shall publicly open a.11 proposals that ma.�- have been filed in aecordance.with the provisions of the fore- going sections of this Act,and if upon inspection thereof it appears that sach proposals are in �ccordance with the provi�ions c�f saicl sections hereof there shall be entered upon the n7inutes of .the proceeciings of said Commori Council, an; orcler of accepta,nce nf the proposal or proposals for exchange:of bonds, and directing tha.t the Treasurer of said city take fmm the person or persons named in each proposa,l for the�surrender` of bonds, ait exact description of the bonds proposed to be surrendered ' in accordauce with the provisions of this Act, �,nd to regis— ter such rlescription in the account and record relating to the bonds of the Town of Sa.n Luis Obiepo, as provided for by section eight of sa.id,Ac;t appruved March twentieth, one thousand eight huizdred and seventy-six; provided, that no proposal that contains a. list and description of bonds for exchange less 'than ten in' number,aggregating less than the sum of oiie thousand dollars as the principal in such bonds named ma� be acted up�n by s�id Common Council. SEc. 11. As�oom �s practicable 'after the entry of the order of acceptance of proposal5 for surrender of bonds and the entry of description of bonds proposed t�o be surrendered by the City Trea.surer as proposed by section ten of this Act, the said treasurer sha.11, in the presenceof the President ancl a quorum of the Common Council, proceed to exchange one bond issiied as in this Act is provided for a.nd in lieu of ten . � of the bonds issned under the provisions of the s�id Act � approved March t�ventieth, one thousaiid eight hundred and seventy-six; and he shali m�,ke an entry and descrip. tion of e�ch a.nd every bond so exchanged, together with a . description of the bouds receivecl in lieu tliereof, in the record, as provided for by section five of this Act; and aiso a.like entry and description in the record and account as provideci for in section`eight of said Act, approved March twentieth, one th�usand eight. hundred and seventysix. � . �... __ acTs. 23 SF.c. 1Z. Iminedia,tely�after the entries of ciesct•iptions of �l�onds as in the preceding section�is provided; all the boxicls received by saici Trea�surer in excha�nge uuder the foreboing provisions�of this A.ct, shall in the presenre of said President aiid sa.id_ quorum of said C6iilmon• Council, be publi�cly � burned and destroy�ed� by fire, a�nd the said Treasurer shall �,t the next regular meeting of said Council, file with the � sa�id Cierk a written report of his proLeeciings i�eoxnpli�nce � with tl�e provisiona of this Act, which said report ghall be copied at length;in the minutes:of:tl1e `proc�edings of said ' Common Council for preservation+� SEc. 13. Thie Act sha.11 .take effect from and after its passage. � • �,JAs. E. MvxPxy, . Speaker pro tem, oF the Assembly. `'' ' �- =t: �, . ,�, "' . 4E J. LEw rs, `s ° v President of'the Senate "`� Approved, l�Tarch 14th, 1878.' WILLIAM IRWIN, GOVERNOR, > � STATE OF CALIFORNIA; ) " DEPARTMENT OF STATE j ; I, TxoMas BEax;�Secretary of State of the State of. Cahfornia, do';hereby certify,`that I have compared,the annexed copy of Assembly Bill No. 181; Chapter 192, with the original now on file-in� my office; and that the same.is a correct transcript therefrom �and;of the .whole thereof. ` WITNESS my ha.nd and the Great Sea1 of+State, at , office in Sacramento, this 21st day of March, A. D., 1878. THOMAS BECK, � Secretary of Sta,te, , ,BY WM.,,A.;BECK�:'�' � � � � ,_ .,a Ueputy; � � � � � � ii� i' t, � . _ ,t ;� �;i[� . � �� � � � �i , , ,� _ 'I � � , � � , � , . - Rules of Order . � . . . .� OF�TY{E� . . . � ' . � Cor�mon Cau�scil of the Citq of Sa� �uis Obispo, Adopted AprilBth,1878. � .. r . . .. . . '"`,� ' RULE I..,; . . . At` the>.hour fixed for meeting, the President shall � take the chair and ca1l the members of the Council to order, and upon'the call of the roll, if there be a quoruni present, he shall cause the Clerk to read the unapproyed minutes of the precedingxegular and special meetings.`` A majority of the members of the Common Council sha.11 constitute'a quo- �um for the transaction of business.' r � � � � � ;+� . . � , c , ��� � � �_ � 1�,uLE, 1r. . � . . Y��. .. . � .. . The Standing�G`ommittees shall be: • "' On Streets and Town Lands. On Finanr,e and Ordinance. On Police,Jail and Fire Departnzent. Each Standing Committee shall consist of three memvers, and shall be appointed by the President, the member firet named in each Committee shall be the chairma•n thereof. AULES OF OBDER. 2j P.bLF. IlI. � After the ca11�of roil of ineinbera �iud`�ip��ro�a�l�of miiiute�, the order of,k�uRiness shall be: 1. Com�n�ueicc�tio�e:s frorn tlte i'k�ry��r, 2. Report.s nf S[aradi��g Co7remiflee.�. 3. Repm•Zs of Select Co�n�niltee.+. 4. R�arls of Q�f'tcer•.ti: � 5. Petitiorns, 1Vle��am•ial.,�orzt� Co�z��tu�efcafio�es. - 6. Air�ti/i�zy of Clainas ayai��st llr.e Cily. Z Ui�ftnislted Bersi��e.ss. � t3r Ne�w $usine.cs. 9. �liscellaueozas Busi�ze.�:+. 10. Ac}?joz�r�z�ne,if. I:ULE I�'. � No questimi shall be statec��from the. cliair urile�s inocecl �incl seconded, nor�be open for cliscu�siou until 9tated b5�thE+ President; �,nd when � que�tion is before the Council tlie oiil�� lnotions in �rder sh�ll be: � � 1. To ad,jou�m; 2. %'n la,y ora the table; ` 3. 7'lae p�•�inz+s q�ee.slinn; - 4. ?'o postpone irec�eftnifelJ; 5. 7'o vo.stpone to a�arlicz�lce�•time; G To re-crrrnmit; '� 7. To�•efer to a Co�n�nittee; 8. To rtmerzcl; Avd these motions sliall take pr�ceaence in the order here arranged: A motion to adjourn shall be ��lwa3 s in order�' Motior�� for the �Cpreviuus question" avd ��adjournment," «�he�i seconded, shall be put without debate. 1tUL71 V. . No motivu can be made b��a member «-hile �inviher i�'in possession of the floor. RULE Vl. : Ecery tnember, previous to speaking, must ri5e i�i lii; pl�ice, address ancl be xec•ognized by tt�e Yresadent. ' 'I :I � • j � . 26 � RULEB OF ORDER. � KULE VII. If t�vo or �nore members rise to spe�k ��t.the s��me tiirie, the Presideut shall ciecide which is entitled to the fioor; a,ncl rio member ahall speak oftener than orice on the sa►ne 5ub- ject or questivn until al1 �vho �vish, h:�,ve spoke�2, nor more • than twice withot�t permission of the Council. RULI; VIII. Any rnember may call for a clivisio►t of tl�e c�uestion �vhe�i the sense will adinit of it. � And�when �aii,y� member call� for the yeas and iiays, tbey shall be ordered by the Presi- dent. The yeae and nays ehall be t�kemupon the passage of ever� ordinance and appropriations of money5, �nc3 shall be recorded upon the mint�tes of the proceedings; the names of inembers calling for yeas�nd nays shall be��iso recorded. Y.ULE IX. No member sh�iti vote upou �uy que�tiqn iri �vhich iie is directl5� interested. , ZtULE X. : No memt�er shall beiome surety ou any'�boud, note or obiigation given to the city. RULE �iZ. Every motion, except �ubsicliary oues, �hall be reduced to writinb at the request of�n,y �nember. KULF: XII. Every.mein6er who sh�ll be present �vheu �, qiiestion i� put, shall vote for or a.�a.inst the same,unless excuseci by the Council, or he be directly interested therein, in which case he shall not vote.' And any member may change his vote uafore the re5ult is declared b,y the President; and unless present when his n�,me is called in regula.r order, shall n�t be permittscl to : v�te without consent of the CounciL x,ur..� sui. flii matters or business �haII be pre5ented to the CounciI uy,either petition, rneinoriai or oommunication, except such as inay be offered by,the members by motion. � - - - - ___ -- � - > AULE6 OF ORDER. 21 . . ftLT7.E �IV. All reports of St�ndina or Select' Garrunittees shall be i�i writing, and-cigned b�-a`majorits�of the Committee; pro— , � vided, however,�thn-t��a minority �report�xnn�� nlso� be in�de and received. HUI,E X�'. Aiter roll call no member C�n ��vithdr�w�r absE�ut hiine�lf t�ithout�the permis�ion;of the President.. , � , RULE YVL No member shall be interrupteci while speaking, except it be to ci�ll him�to order, or'granting of privilege, or for the purpoee of explanation, and if any member, white speaking, be called to order, he shall be seated until the question of order shall have been decided by the President�vithout �cleb�,te. And any member shall have the right of�ppealing from the i3ecision of the President upon points of-order. The President'shall h�,ve precedence in speaking topoint,s of order; a.nd he sh�il take a.nd Hnnounce all votes on ques— tion5 of appeal. � x.�TL�: s�tr. The Council :ma,y at any time,�on motion, resolve itself into a Committee of the Whole, whereupon the President shall leave his seat, and call a member of the Council to pre- side during the session of saicl Committee. When the C.ommittee of the Whole rise, the Cha�irinan thereof shall . report the proceedings thereof to the Council. Said Com- mittee shall be subject to the rules'of Orcier hereof, so far'<is the same are consistent with its powers and duties. ' RULF. XVIII. When a,'blaiik is to be filled, the question shall be first taken on"the highest sum or number, and longest time . proposed. RULE XIX. ; After aiiy question(except one of indefinite postponement) ha:s been deCided; a.ny two members 'who voted' in the majority�therefor;"may, at the same'or riext regular meeting• of the Council, move for a reconsider�tion thereof; provedecl, j , i ' � 28 :f AULES OF OADER. � ............j � � , � . .. � . . . 'i tl�at no motion for a reconsicleratiou shall be ma,de��fter tl�e resolutiou or ordinance�ffected thereby shall have gone out I of the possession of the Council, and no motion for reconsid- eration sha.11 be made more than once. A motion to recon— i � sider�a vote to reconeider cannot be entertained. . � � � � RLTLF. XX. "' When the President desires to leave the Ohair, he shall � �ippoint some member 'of the Council to fill the same,pro � tem.; in the absence of the Preyident the Council shall � appoint, from their number, a Yresiclent pro tem. � Ri?LE �XI. 4 Wherever the word <<President" shall appear in these # • Rules, it shall be held t�> >nean and apply to the presiding � , ofFicer of the Council. � RL'LE XXII. A motion can be �vithcirawn a.t any time after it is st�nted irom the Chair, by leave of the Council,'obta,ined by regula.r motion RULE XXIII. The parliamentary 'rules laid down in Cushing's lfanu�il ehall goverii in ail cases not otherwise provided for hereiu. RUI.E YXIV. These Rules of.�Order may be altered,amended,repealed or suspended: at any regular meetiug, by a two-third vote therefor of all the xriembers of the Council. Adopted April 8th, 1878: JULIUS KREBS, City Clerk. Approved April 8th, 1878. P. A: FORRESTER; MAYOR• I hereby certify the foregoing to be a true and correct copy of the Rules of Order a,dopted by the Conimon Council of the City of San Luis Obispo,April8th, 1878,and approved by the MayorApril,8th, 1878. ;JULIUS KREBS, .City Clerk. ,�_ �.F`._ . . � . . � . , , _ . - . AN �R;DINAN�E � TO CODIFY� REVISE� AMEND AND CONSOLIDATE �'HE ORDI- NANCES,OF TAE CITY OF S��N I.UIS OBISP0. 71ie Mayor a�zd ' Comyrion 'Co�cra�il of tlze City of'Sc�n Luis Obispo; do orrlain as follaccs: ARTICLE I. R�LdTI�Gr TO ELECTIO�T OF CITY OFFICERS. SECTiox 1. `An election f�r ail elective City Officers shall k�e held on the second Wedne�day in February in each year, ��,nd sha11 be known as the annu�l.Czty Election. SEc. 2. At leaet ten days before each annual election the Common Council ,sha11 cause notice'thereof to'be given by publication in some newspaper published in the City"of San Lui� Obispo, or b3 posting notices thereof in not less than three public place� in said city, which rrotices�shall state the time and place of election, and the offices to'be filled. SEc: 3:" �When an electioii' is ordered, the Common Council shall appoint from the` electors of the city,`one Inspector` and two Judges, who con�titute a Bvard of . Election.. ' . , ,, ; SEa 4. .If �he Council fails to''appoint the Board of Election, or the members a-ppointed' do 'not attend at the hour of opening the polls on the morning of the election, the electors of the city present at that hour may appoint'the Board, or supply'the place of an absent member thereof." " � �._i,!' . . . _. . !i 3O t'ObIFYED' ORDIN�RCL�'4. . � � S�c. 5. � Uu�it a��egister of the elect�vrs�o� tfre city sha1D I be provided by the Comman Council, the City C'lerk shallr ; if practica.ble, procure frotn the Count3� Clerk oP the Count�� � o�San Luis Obispo, four printeci capies of the Great Regi�tei- a af the said County of the nPxt pr�e�inb State or Count3- election, t�vo of which copies the Ll`ection Board sha11 cause ' to be posted in soine� can�reni�nt p�ace e-�sy o�' aecess ta � vvters. � � � ; SEc. 6. Except a�in thi� �,rtic�e providea, each election � shall,be conducted in ail other respects in accarda�rc� with ? the provisions of the Political G"odeoE �he State af Catifornia;, ' provided, that wherever the words ��County �terk" are . � used in �a,�d Code,they shall be held to mean «City Clerk." - . SFc. 7. The packages containing the Registers, liatsn papers a.nd ballots, must, without delay, be delivered by the Inspector to the City Clerk,.properl�� sealed,,�rh� shall file and delirrer the�arne to the Common Couircil at its first regular meeting a�Eer t�e e�ection. The Common Council must at such m�eting canvass the returns, decla.re the result and cause Certii�cates af El�ction to be issued to tfie person� . declared e�ected. SEc. 8. No per�an shall hold a City affice umIess he is ai� elector of the city. ARTICLE II. RELATINCi TO�O�k'ICERS AND TERiIS Q3F OFFICE. SECTiorr �1. ' The Mayor;' Common" Council� Asssessor, Marshal,Tax Coliector and Police Judge shall be elected at each,an annual election, and sha11 go into'office on the first Monday of March next �fter their election, and ehall hold their,..office ;for one yearD and �ntii their successor� are elected aad qualified. SEc. 2., Any person eBected or appo�nted to fili a vacancy� in,any elective office,sha�hoTd the offic� to which he sha11 have been elected or appointed during the remainder of the term of such oflice and until hfs successor is qualified. ' SEc. 3. There shall be a�ppointed a City`Clerk, a City Attorney and a City Treasurer;who shall hoId their respect— iye offices.untii.the,appointinent and qualifications of their. successors, unless sooner reznoved. SEc. 4. ,. All City oflicers, before entering Apaii their. oflicial duties, must t�ke the oath of ofiice, and must file the sarne with the City Clerk. � t,_,,,, ■�: �v�z�n oxvix:axc�:s. Sl 'SEc a. The c�tT'icers her�inaf'ter nai�ed, shali, before entering upon th�ir ofliciaT duties,'give bc�ncls 1s follows c The City Clerk, in the penal sum of one thousand dollars. The City Attorney, ii� the �enal sum of or�e thousand dol- ti�tirs. _ . . The Trea,surer in �iie penal`surri bf ten thousa,nd dollars. The l�Iarshal, in tlie penal suin of two thousand dollars. The Assessc�r, in the penal sum of fifteen hundred dol- iars, and _ , The `Tax'`Cc�llector, in the penal sum of"six thou`sancl �clollars.�' ' SEa 6. Each offici�Ll boi�d inust be sigiied by at least t�vo sureties, coilditionecl for the faithful �erformance of the duties of the principal, payable to the' City of San' Luis Obispo; pro�,�ided, that'the sureties on such bonds shall''not be a,ccepted for portions"'of less than five hundred doilars " thereof. If,'in the opinion of the Cornnaon C<�uncil tfie bond of.any city officer shail become insufTicient'frcim any cause, he shall be required to give an additional bonci within five days af'ter due notice thereof; and:upon his f�ilure so to do, his office must be deemed vacant. All bonds must be <�,pproved by the Ma.yor before the saxne can be filed. SEc. 7. All official bonds, (except that of Clerk), shall be filed in the office of the City Cterk. The bond of the City Clerk shall be filed in the'office of'the City Treasurer. Si.c. 8. All appointed ofiieers;`unless otherwise provided for; shall hold office during the pleasure a�nd will'of the Common Council. R,emovals may `be made of appointees, by a majority vote of the Common Council at any sessi�n thereof, having a quoru�n of inembei•s present.�` ARTICL� III: SALARIES AND rALARY'FUl\'A � SECTroiv 1. Tliere shall be allowed and p�id to the sev- erai city officers, salaries,as follows: To the City Marshal; seventyhve dollars per month. To the City Attorney, five hundred doll�,rs per annum. � To the City Treasurer, one hundred dollars per annum, To the City Assessor, three hundred: and fifty dollars per a.nnum. _ To the City•Clerk, four.hundred dollars per annum. � To the Police Judge, five hundred dollars per�,nuum. � � � � � � � (�; :.I . . . . � � . . !i .. � . � .. � ';I ,,,,� . . � � . _ C �3�' �o�t�Er� s�rx�xcE�. To the Crt��'I`�x C��2lector��three hundred and fiff��croIC��t2c � � per anm�em. � ,SEc. 2.., The �alarie� vf a�I viticers; e�cept that of the �� City Assessor, sha11 be paicl oi� the la.st da� vf eac�h montl�y � and the Ntz�yor,a�nd G°ity CIerk �hall, on the t�st day of eacl► � manth, draw a wa.rranf�ai7 tl�e Salary F`�iad in favor of each � stzch 6f�icer for tl�e amor�nt�f�aiary clue him. Z�he salar�� of the Ci�y Assessar sha�I be �raid hinx up�on the completion of the equalization .of the as�es�ments by the Bo�rcl of � Equalizatian, for i�is annna,l �a�iry,� in the �ar�e manner a4 r hereinbefare provided. Proviclecl, th�t �varrants �hall- be drawn anly when there is suf£�cient rnoney in the S�lar�� ;Fund,to-pay,the same. , S�c, 3. :�,11 ma�eys cv��ec�ed far�iiea,licene�, forfeitec� recogniza,nces �nd bai� bands, shaII be paid into the Cit�� � Treasury, artd.be pIa.ced �o�the,credit of a f�nd ta k�known as the;Salary-Func� _ ' = AItTI�I.E I�. , . �,�s � � �UTI�S (7F OFFICEIiC. ' SECTrorr 1. . E�*ery ofiicer who rer�eives ar�y tnaite�� foi~ the use of the ci�y-inust pa.y the identica.� morrey so receiveci • ;by,hixii, into tl�e City. '1're�asury y�ithin five days�fter it� receipt;;anc� fUr a. faiiure ta do�, he shaII�ray a genalt3• of e fifty.,do�ar�for each offense. �EC..;2. -Every, officer ,p�tying rnoney irtto t6e Cit�� Treasury�ust_ sYate ta tl�e Treasurer the so�rce whence, and the purpose far which it was collected. The Treasurer must receipt i� duplicate for the money gaid i , specifying in each rece�pt the necess�ry facts:to show to w�ich fund it belongs and i�paid into, and ke�g a stnb af auch receipt9 containing a synopsis of its ccrntents.: dne of suc� dc�plicate receipts shali be filec� �vith the City G'lerk, by the persor� Feceiving it. ; , ; , S�c. 3. Each oflicer �rha receives any money for the citi�� shall; ocn the �atur�ay preceding the first �Iouday in eack� month',�ake out and �Ie' �vith the �ity Clerk a detaiTec� �taterrient af aIl moneys receivec� by hirn on accoi�nt of the ' city; for the previotis month. ; , -:. No �arrant shall be drawn fvr fhe salary af any officer who is delinquen� in m�,king the sett2ement and report a4 required'by this section, nntil sucS� settlem.�nt is made anc� ' repor�filed wit�the �ity C1eak, � CODTF`IED OI?DTNANLF.'S, �J , ARTICI�� Z',. , , . . a ,, �,,' .. . .'+ FEL�`5 OF CERTAIti OFF'ICET��,' tt�l; �;i�rt�+i'�ni : ��cTrc�� L The Uity Marsli�l �tiall be'eiititled�tc, iEc•ei�-e � the fees�hereinafter s�ecified, in civil"�ca�e,q onls>i �' " " ' For s�rvin� a atuninons on each defend.intx fifty a��ent5��' � `F"oi"t�,kmg�`a��bonc� oi:�`undertakiii��in e'ver�case ziz ahieli � �ie is authorized to ttilze�,the sa`u�e; fift� cei��s. � � `�'�� � � � � s . air ��Foi copy of each writ� proceas, orc�er� �r"vtl�er pa�per when � xequired� b�lat���or c�ein inded,�for e��i,h fo�io�`of`c�ne',hun�clrFci tvords, fifteen cents. � ' � ` ` '- 'F�ir serving e��ery noti�e, rule or�ortie,x,.fift� �enfs � ,i � For servmb a 5ubpc�na;on e<tieh witness,twentj,-five cEntS. For servin� a writ of attachment on{property, oi�}le�•yin�; aii�, e�eeii�ion, one dollar, arid .in „�idc�ition� hi5,,,tiecessar5� �xpenses iri takirig care.of property�attach"ea or le�vied�upc.in, as ma3� be�al�owed by the C'c�urf, i�ot�e�ceec�iYig thr�e�c�ollars � per day., . , �� � ; � � ,: For'advertising �rope�rty for sale on exe�cu�iori (excluai�-e of the costs'of publica�tioii,� one'�dollar.�, �"� ` � � �'� � For drativing and executing�a deec��of re�l propert5= sold by him, (including a,c�nowledglnent,) three dollars and fifty� cents, to be paid by the,grantee. ,. For summoriing e�ch`jury;'t�vo`d`ollars. • For traveling, to be c•omputed frorri tlie cit,y,z hall, to,ser`-e or execute �any��writs, orders, processes oi• �papers, twent�-� cents per inile for .going or�ly, and� �nileabe,;for,the;moet €3istant only,sh�zil be:charged, �vhen one.;�r r�iore;papers in the �turie;case are in his possessioi�kfor;servicg at th�same time. f� t The D�arshal shall be entitled to cl�arge the,,tfees; herein- �,boye.specified;for services rendered;upon an.exec�ntion,arxcl for levying upon anci taKing care of.��roperty and:selling the satne, levied upou„with an execution,, ana; making,ouk n deec� for real progerty sold by hiin�in poth c�ivii ancl;criminal L'�,SeS. s; . ;�'rs�, i.: ,� No fees,aiioived by thi� sectaon.sha11 :k�ec�me a eha.rge against t�e�city, nor kre paid out o,f.the,City,•T�easuryi,but the:saiary,of.�he. Marshal shall beA f�ll�;c�mpensatic�iir for all seryices, rendereci bv him for; the ;city, unless; else.wh�re specially;providecl. ,,All.fees coUected.�by�,the:Ma�rshal�rr�ust be paid by him into the City Treasury, and placed i�thE� Sala�ryFund., �.,�:;_ • ;��• �-� •SF�.�2.,,.The fees for services of,ttie P�Lic�e,;.7y�ige shstill t�e;.�s,follo�vs:. � . , .. , � � �¢' � � � CODIFIED ORDINdNCEB. b'or all services in each civiT action up to and incIuding judgment, three dollars. , For issuing each execution, one dollar. For receiving and pa,ying out money on each execution, fifty cents. For transcript�and sending up paper5 on appeal,to include a.11 services on motion for uew tria.l, two dollars in each case. All fees collected by the Police Judge for services, must be paid by him into the City Tre�,sury and pla,ced in the Salary Fund. _ �Ec. 3. The City At�ney shalI be entitled to receive ' to his own use, ten per c�ent of all moneya collected on for- ' feited bonds and recognizances, coilected by him. ` SLc. 4. Every city oflicer, haviug the custody of any city record, book, paper or map, which he .is required to keep in his office, may charge and receive for his own use, a fee for 'cop3�ing the �a,me or any pa,rt thereof', from any person demanding sueh copy, fifteen cents per.folio for making, and twenty cents for certifying such.copy; but no charge shall be made for co�ies for city officiz�l use. . ARTICLE VL RELATING TO CITY HA:�L AND PUBLIC REGORDS. ' SECT7oN 1. 'The a.partments provided by the Commou Council for their meetinga; shall be known as the City Ha1L �Ea 2. The Police Court shall be heid at the City Hall, SEc. 3. 'Phe oi�cers of the Police Judge, City Marshal, Cit,y Clerk, Attorney, Assessor, Tax Collector and Surveyor, unless otherwise ordered by the'Common Council, shall be at the City Hall, and the racords, papers, maps and documents, pertaining to such offices,'shall also be kept therein,except such as are'required by la,w, or shall be directed by compe- tent authority t� be otherwise disposed of. - SEc. 4. No city off'icer shall allow any record, document, or map required'to be kept in his office to be taken there- from, unless by order of the Common Council oi a Commit- tee thereof, but shall, upon- payment of the leg•al fees therefor, give a certified cop3 thereof to any person requir- ing the same. _ SEc. 5. There must be kept by the City Clerk a book, to be entitled «Ordinance Book;", in which every Ordi- nance passed by the Common Couucil, and approved by the . . C`OD3FiED�OFDINAIiCEb, 3�. . 1tiIayor, (or 'if not so a}�proved, as .soon as tlie,y- become effective), must k�e recorded b�-the Cit3� Clerk.' ' ARTICI�� VII. RELATINC TO THF. CODT�fY)1� C�OL'NCII.. S�cTzox l. The sta.ted n�eetings of tlie G'ommoii Council of the cit,y shall be held at the Ci#y Hali, on Monday of ' each week, at the hour of seven o'clock, r. Nt. SEc;. ?. S�ecial meetings of the Co�nmon Council may be convened by t•he il7ayor at a.ny tima SEc. 3. The Common Council �nay a,dopt sacli rules for condueting the business of their meetings az� may k�e consisY. ent with daw and ordinance�.' SEc. 4. Ali official notices`emanating from, or issued by order of the Comxnon Coancil, a.nd requiring publication, must be signed b3, the Ma.yor a.nd Clerk, and attested b3� the seal of the cit;��. • . A�TICLLE VIIL RELATItiG TO LICENBING BL'SINESS IN TAE CITY OP CAN LtiIB OBI8P0. S�:cTio� 1. The City Cierk must prepare and have printed Licenses of all classes mentioned in this Article, for terms of three months, and for such shorter terms as are herein Ruthorized, to be issued, with a blank receipt atta,ched for the signature of the T�,x Collector, when sold. SEc. 2. The City Clerk shall number and sign all licenses and fror� ticne to time deliver them to the City Tax Collect- or, in such quantity as anay be required, taking his receipt therefora and charge him therewith, giving in the entry on �he stub of the license book the numbere,classes and amount� �hereof. _ . , S�a 3. The Caty Clerk must keep an account with the Taa Coilector for.a11 licenses delivered to him, sold, or returnecl unsold by him; a correct etatement uf the Collector's lic�nsE account must be certified to the Common Counci� each month by the;City:Clerk: S�o::4. A cit5 iiceuse must-be procured ixximediately befc�re the com�nencernent of any busxness, or occupation liable to a license tax, under the provisions of this Articie, from the City,Tax Gollectar, which', license shall authorize i � ��' 36 � � � � � i, . .. . . COI3IF'I�D �OTtDINAFC�S. � �. �i i i �`, the,p�r�Ey qUtai�in�. the�same, to�.trausact the buQinesa�de- y� �cribed in such. licen�e;f sepal•�te� license5 rnust be obtained ;j for e�,ch l�ranch estak�lishmenf-or separate ifoase of business if within the city limits. ' Sr,c. 5. Agz�inst any p�i-acin re(�iiirect to t��ke out� Iicense, (7 � �vho faiis, neglects or refuses to t�ike out such license, or �vt��carries'on or atteinpts'to c�,rry�n businesa�vithout such 1'r�enae,a th� ,City i3.ttorney upa�� the re�>ort t.hereof being � ' ma�c�e,�by�the;�n�.,(;ollector to �him; shaII direct�suit�inthe uame of' the City.:of�S�tn Lui� Dbispo for the,eqllection of such�lice,i�se.tax,:ar�d upon,reeovery of�a judg►nent therefor, ; the City Attorney sh�ll be entitled.to a .fee of five dollars, which;sum shall be taxed°in such jucigrnent as: costs against the_�efe�dant., � r� SEc 6, Tlie City fTax Collector must �nake diligent inquiry as;tq;all ;per�ons in the. �ity liable to pa3�license as provided.in this�ArticIe, aud. must require ea.ch person ta 5tat�e uncier oath.or nffirmation, the probable amount.of busi- ness which he or the firm of which he is a member, or for which he is agent or attorney, vr the association or corpora- tion of�vhich he is Presiclent,Secretary or Managiug Agent, wili do in the next suceeedirig three'�3] months; �nd there- upon;such person, agent, president,,secretary,,or other offi- cer, mu�t procure a license, fr.orn the Tax Collector for the term desired, and the class for which such party is liable to pay�; and in 'all cases;�vvhere an underestimate has been mad�'by t�i�party applying, the party making 'such under- estim�,t�,or the company he represented, shall' be required to'�ay'fo�a licen�e�>'for �the riext quarter ii� double the sum otherwise required 4=r . , s.: ,, , -'>When' the:City� Tax Collectbr,'by`ihforu�ation or other- wis�f+shall T�ave reason to I�eIieve^that an underestimate has been•�nade by�aY�y person;�firm or �orpor�fion liable to pay a licenS�j'he`shall-require�of�su�h :person, firm o'r corpor�tion a��SE�,t�inent; under oath;.ii���riting; of -the amount of busi_ ness done by such person, firm or corporation, for the pre- � cec�in�`�qiiarter;��xiab,a of;any fact'�and all:'facts'necessa.ry'or cof�v�nient Eo°•deterriiine' the �'rate of license to be paid by hith��ti� them ,�t:From+such�statements,`and fram+th��best in- farinatidn,h�•�c�n �du�,in;�•thei{Ta.x-�Collector `mitst'fix and determine the rate of license to be paid by tlie applicat�t;such statei�ent�ta b�made in such+form as may be prescribed by thekC#�mmon3Council�.; , 'i�� , ;;,,. .;; �� �`"°S�a 1.�7:'�f�Upon•�the�trialJ of'any�action��uthori�e�cl��by�this Articic�;�th��defendant'is deemed�'not' ta have proc�tred the " 1 ■ m� . —- �an� . � �-� CODIFIED �6RUINANCES. , $7. proper�license'unless he either produces it, or proves'tha�he � clid procure it; Uut he ma.y plead in`bar of the acti�n a iecovery`abainsf`him���nd tlie� payment 'b3�tiim in a`civil action,'of the proper license ta.x;�together with�damage"s and costs. _ ,. , ����S�E�'.� '8.'' R'he►i'any��liceuee`��ta'x (other t}ian� a'quar'terly iicense tax) is'not`paid at the Gity Collector's'oi�'ice"prior to the'`corhmenceinent of the busine'ss for w�ich'it is'iiriposed, the City Tax Collector shall proceed.to collect the same prior t�the'comrneni eirient of the business for which it'is iinpos�ed ��rid shall collect'�nd retain for his own'uSe ttie further'S`um ' cff'three (�3) dolI��rs,�for making�such'collection. ` '�'�� ` :�' '5�,�:�9.'' AII Iicenses-eha,12 be issued for a te'rrri'af three inonths; unless ' 'otherwise''`�rovided for 'and specified,in thi��Article " • ' SEc. '1D.' 'It sha11 'be the duty of 'the City'M�r'sh�l;'to ar`rest,� or cause t,o be'arrested;'every persau`who has'no flxed place of business or residence within the'City of San�Luis Obispo,}`vho,',�vithout'first`procu"ring a City license therefor, do`es �,riy act for �vhieh a license is`required by this Articl e, and�briiig'suc�h�-persi�ri�kiefore the�Police Court`for�trial: -``"'�i' SEc. 11. Every person �vho shall carry on,or eng'a'ge' iri any busirie`ss, or"having in cliarge or control any business fo'r which`a lic�erise tax'is irriposed in tliis`Article,`witfiou� first`having'p�zid cuch license`tax, or'who'refnses'or"neglects to make any aI�'idaviE'or'statement nnder oath or otherwise; required'to be made kiy him uy'the provisions bf this�'Arti�°le, sliall;"upon`convi�tion thereof,be fined not•less tlian teh�(�1'0,) doll�'rs; iidr rriore t}ian� one hundred•and fifty (�150; dolla�s for each offense,,arid rria'y be :imprisoned uritil`such` fi�ie`be , paid,'iiot exc�eedirig'�en`(10)�da.y�. ".The'City Atto'riiey'Shall recei�e'a'fee�of'�id� (�5`j doila'rs}for each'conviction'uncle'r this Section, to`°be paid out of the fine collected ` ' '` " ' SEc 12. Every licensed vehicle shall be numbe`ret� l�y the''Tax F'Collector; at 'tlie expen'se`of' tYie owner;arid�uch n'iifYib�r 'sh�ll bc pYaee'd aiid'kept in'a corispici`tous place apon sti�li'VeT�icTe;rvGFiether'used for carryin'g passengers 9r"fr�ight for hire.'�"� AYiy �idlatiori'of the provi�ioYi''of this� Section shall subject the owner,of such vehicle to a fine of fi've,'($5) dollars� fdri`ea�h bffe'rise:"''The`Tax Collector shall,'•ke�p a re�orc�'bf all sucT�'�WeHicle� ,' . ' ` `: ' , ,` 'SE� j13:'�A cityliCehse must be'paid"for carrying oii; engaging in, or pursuing any business mentioned�ii�� tHis A"rti�le';`witliiri`"the�limits'of'the City of'San LuYs Obispo;as fbllo�s:��ii+ ,e=.1f�. .i, . .r?;,ir.- .. . .. . .a:,r , iE. ,.;1� . i _ _ i i . i � ' � , CODIFIED ORDIFA1PCEg. i Auctioneers a�re divided into two 2 �' obtain Iicense�from the Tax G'oI]ector, av�foIlo�s�; aa� ma�t � Fir�t: Those whase average montlily sales exceed tiire� I thausand (�g�000) �ollars constitute the first class,and musf i, pay a Iicense of fifteen (�15) dollars per quarter. �Second.• Those whose aver� e three thousand g monthly qales amo�nt to � � claes,.and rnust ���'000) dolIars,r3r Ie;s,c��nstitute the second ; ��r. Pay a Iicense of seven ($7) doliars per quar_ � I Persons enga.ged in B�nkintr j or in buying or seIlin b� Loa.ning iY�oney at interest, � indebtedness of g Notes Bondy or other evidences of � Stocks, or other p�vate persons; State, Count evidences of State Y or Citr ; edness; or Stocks � C�unty or City indebt j indebtedness of ' Bollds, Notes or, other evidences of 7i selling Go2d Dust Incorpora.ted Companies, or in bvying or , Coin a.nd � Gold or Silver BulIion, or(��ld or 8ilver � Brokers, are divided into four classes, and mast } pay license as follQws: i First: Those whose capital invested in the business is � fifty thousa.n ; class, and mu t�50,000) dollars or over constitute the first � quarter, pay a Zicense of seventy-five (�75)dollars per � Second.• Those whose ca, � twentythousand ($20 OUO pitaI invested in thebueiness is ($50,000) dollars conetitute the seco ai cIass an fifty thousand � ,i licT�ird.f,fifty (�50) dollars per quarter. � and must pay a Those whose capital invested in the businesq is ten thousand ($1p,000 ($20,000 )dolIars and less than twenty thousa.nd ) dollars constitute the third elass, and must a a, license of thirty (�30� dollars per quarter. Fourt�i: Those p � ten thousand whose eapz�l invested in the business is alass, and must��a'000) doll�rs or less, constitute the fourth quarter. P Y,a license of fifteen ($15) dollars per Persons engaged in bu I ` (egcept at auction y ng°r seIIing, �s agent or broker, �r procures InsuranRepoE�iese' or as Insurance Agente,sells are divided into two, ' °x�'�Ilects premiums thereon, follows: �lasses, and must pay licenses, as .First: Thase. whose hundred gross cominissions amount to one (�100) dollars, or over, pex month,,constitute the first class, and must pay a license of teu (�l p� dollars per quarter ;. Second.•:Those�whose � "�`� ' �` � � .� � hundred g'2'oss commissfons are �ess than one (�T00) dollars per month, constitute the second �� ---------- _.___.___ � ;� ;# � ' ' �,t ��CODIFIED ORDINANCES. � . � � cla,ss, and must pay a license of five (�5) dollars �er quarter. Licenses must'be 'obtained for the 'purposes hereinafter named, for tvhich the Tax Collector r�iust require the pay_ ment, as follows: From the proprietor or keeper of a �Billi�tird Takile, not kept exclusively for private use, for e�,ch table, three ($3� doliars per quarter;' �nd for a'Bowling Aliey, three `(�3� <3�llars per quarter for each alley. For ea.ch Int,elligence of�'ice; ten"��10� dollars per quarter. For each Undertaker; five ($.5) 'dollars per quarter. • For each Ball, Dance or Party, where admission fee ia charged or received for attendance, five (�5) dollars. For keeping� Pistoi or Shooting Gallery, five (�5)`dollars per quarter, in additiozi to the Powder License. " For every Dray, Cart or W�b�n, or other vehicle for the delivery of gciods or freight in the city for hire, three (�3) dollars per quarter: , ` For Manufacturing and Sale of Gas ,by any person or c.ompany, ten (�10) dollars per'quart,er. For Selling Water, for domestic uses through pipes, by any Water Company, thirty (�30) dollars per quarter. For every Cart;, Wagon or'Vehicle used for vending water, three ($3)'dollars per quarter.` For every Peddler, who uses a'wagon or other 'vehicle, or uses one or more animals for peddling goods, wares or`mer- chandise, twenty-five (�25) dollars per'quarter. ' For every Peddler who carries a pack and who sells goods, wares or merchandise, fifteen (y�15) doliars per quarterr For every person who Peddles or Hawks farm, garden or • orchard products, three (�3} dolla,r�per quarter.` For ea,ch Wagon or other Vehicle engaged in Peddling or Distributing Milk, five (�5)'per quarter. For every Livery Stable, ten ($lq) dollars per quarter.' Fur every Wagon Yard or Feed'Stable where feed is sold or furnished for pay� six'(�6) dollars per quarter. ' For every'Laundry, twelve (�12) dollars per quarterr . _ For every Photograph`Gallery, five (�5) dollars per quftr= ter. . For every Bakery, six'(�"6) dollars per quarter. For everg Hack,Coach, Otnnibus or Egpress Wagon, used for carrying passengers for a compensation, five (�5) dollars per quarter. _ For every Rope or',Wire Dancing, Magic or Theatr'ical Entertainment, or other`Show or Exhibitiori, where admis- sion fee is eharged, except a Circus or Menagerie, five (�5) . r � ,. � . . ! � � 4O CODIF2ED ORDINANCES. � i dollars,for each ;exhibition; proc*iclecl, that nothing,herein ,': shail be coustrueci to pr�vent exhibiti�ns or.entertainment� ` given,for the benefit;of churches, schools or other,ch�ritable � or social entertainments by any amateur association, beue�-- olent, xeligious or iliterary,�ciet3�.of .the�city,��vithout.first paying a�license ther'efor. � � � � �� ..For each Exhibition,for pay,of z, Meiiagerie or;Circus, twenty (��0� doilars for each exhibition.- . For,Carryin�Passengers on Publi� Days�and to Fairs,.a�nd , Races,`a license,'tax. of one (�,1) dollar per„cIay,� for,,each vehicle so us�ed, �hall be paid, except :for, vehicles;upou which a quarterly license has,been p�id. ,, ` It'or,each Hay Sc,ale-.erected .and used within� the,�cit�- limits for the purpose of weighing hay,��rlerc,haridise, qres, hve stock,or any cither article, substance,.epmmodity,-or material, for hire, three ($3) ciollars per.quarter;' providecl, that no portion of any sidewalk or ctreet. shall.be nsedt�.or occupied for such purpose, unless permi�sion,t}ierefor.shall be gr�anted by the Common Council. . Pawnbrokers�hall pay a.license tax crf thirty�($3p) dollars (� � . , .. per quaxter. � ��� �� � ..,For, ,;Egpre�s Business, �forwardin ' � � � Parcels, Packages and Letters, the,propr et�re�r'p opr ebors, , or agent thereof, sha11 gay a license tax.whe�,the,monthl�- � receip�s are one,thousand_ (�i,p00) dollars. or ,l@ss, of ten a ($10) clollars per quarter, and.a,n a.dditional. five,,(�5),doilars � per, ,quarter for each one thousand (�1.,Opp) .dollats;of receipts;'in,exc,e5s of one thousand (�1,000}; cicillars,per montli,or fractional.part thereof. .;' For eacli Butcher Shop, Stall or Market�where fresh.meats ar�sold.at retail, a license tax,shall.�e.paid,according to the amount of monthly sales as follows:,When.the manthly sale� are less,than fiye hunctred ($500) dollars,six;(�6) dollars,per , quarter; when`they are,five hundred ($500) dplla.rs and,do not egceed eight,�hundred� �(�g00)� dollars,.,�en , (�1,(jj;cibllars per quarter,; ,when.;#fiey.are over eight :hunc�red,,,(�800) ` dollars per month, fifteen {�15} dollars per quarter. ,.,,, E�very person who keeps a Bar-room, Saloon or other place within the �imits,of the City of San Luis Obispo,,�v.here vinous, spiritous;or .malt ]iquors are sold�b�i�the„glass;or . bottX ;or otherwise;,to be drank on the.premises,�halLpay a � licerise tax.therefor Zs follows: .;�:� r. ��, � When the,monthly receipts;are less .tha ..three hundred (�3Q0� dollars� he'must; a ' �"°� P y fifte�n dollars,per quarter.i;, � � �When,.the monthly r��ipts are thre� hundr�d�.($300) � • _.___ - f,- - -- — .__ �,, ?4 .:� / �� CODIFIED�ORDINANCE9: 41 . dvllars and less tha.n one thousand (�1,U00) dollars, he must a pay tweut�-five (�25) doliars per quarter. � When the monthly_receipts a.re one thousand (�1,000) ` dollars and do not exceed fifteen hundred (�1,500) do2lars, 4 be must pay forty (�40) dollars per r�uarter; and- he mus� � pay an additional ten ($10) per quarter for each additional # five hundred (�500) dollars of monthly receipts in excess of fifteen huudred (�1,50Q) doll�rs, or f'ractional part thereof. � For keeping a Hotel, Boarding House, Lodging House, � Eating House, Chop Iiouse, Coffee or Refreshment Saloon, or Restaurant, a license tax must be paid at t�ie following rates: First: When the average daily accomodation of persons is ten (10) or less; there shall be pa.id five (�5) dollars per I quarter. ' b�'econd: Z�hen the daily average accomodation of persons is over ten (10), and under twenty(20), there shall be paid ten (�10) dollars per quarter. TTzird: Wheu the average dai13�accomodation of persons is twenty (20) and not eaceeding thirty (30), there shall be ` paid fifteen (�15) dollars per quarter; and for each ten (10) persons, or fractional part thereof in excess of thirty (30), there shall be paid five (�5) dollars per quarter. Every persou wlio keeps a Stallion, Jack or Bull, and who permit�s the same to be used for the purpose of propagation for hire, must annually obtain a license from the Ta,x Collect- or, and pay therefor as follows; First: For each .Stallion, fifteen (�15) dollars. �S'econd: For each Jack, ten (�10) dollars. 7'hird: For each Bull, five (�5) dollars. Every person who, at a fixed place of business, sells an3> goods, wares or mercha�ndise, wines or distilled liquors, drugs, �iedicines, ,jewelry or wares of precious metals, or other commodities, 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 hy auc- tioneers at public sale under license or are not otherwise specifically provided f�r in this Article), must obtairi from the Tax Collector for such business, and each, branch of such business, a license, and pa•y quarterly there_ for an amount of money.to be determined by the class in ivhich such person is placed by the Tax Collector; such � business to be classified and regula�ted by the amount of the average monthly sales made, or hiring done, and at tl�c rates following: ; , ,'',r ': i ;ti s � F �2 - �CODIFI�D ORDINAh'C�S. � �`� �I�'irst,r � Those who are estimated t�> mzllce average monthly ,a1es or biring to the a.mount of twelve� thousand "� - (�12,000)��doll�r�, and under sixteen� t}iou,s�Lnr1 ��16�qpp� c�ollar5, constitute the first clas5, and mtist pz�,v thirty („�80) � dollars per quarter. �� : � � �����Second: Of eight thousand (.�8,000) doll�rs, and less than 'I twelve thousanci � r (�1`,000) dolla�rs, constitute the tl�ird clasa, � �Lnd must pay twenty-five �y�25) doliar; per quarter. � � �� ���Thi7•cl• Of five thousand �`000) �lollar5, aud less thaii � � eight�� thousand ($S,p00) doilars � �nd must pay twent > > �'�Ori�titute the third clae�, �'ourtl�: � ���0) �ollars per qu�.rter. �� , and less thanofive�tho�usu d� fi�ppl)uia�ll;r5�constitutelthe � fourth class, a.ncl must p�,y fift en I�'ifth: Of one thous� ��1") a�llar�per quarter. t�vo thousanci five hund ed ���'��(�� a�l��'r� `L�la less thaii third class And rnust «`''��� �ollars, conatitute the . AS`i.z•th: Of tlix�ee huncared 11 (�))dollarsS�,nd le srthan one � � tIlOUSc`L31C1 ��� (�1,Of�0) ��c�ollars, c�oustitute the �sixth class, and must pay six (�;) p�r quarter. �9even�t�.•�� Of� sales��tnc1 hiring under ihree hundred�($BpOj dolla�rs�constitute the third class,�and�must�pay three (��) dollars per quarter. � �� �-0n�all sales in�excess of si�teen�thou�anci (�16,000) dollars per.month there rnuet be p�id fifty �50) cents for each one � thousand ($1,000)�dollars of such exceas.�� � � � Provicled, That the�sale of �Wines, Ma1t and� Distilled Liquors, by persons licensed under tlie classes last herein_ before mentioned, must not be in less quantity than one quart measure, nor be dra.nk on the premises where sold; and provided, further, that no license must be required of ; Physicians, Surgeons, Apothecaries or Dentists for any �Vines or Spirituous Liquors they m�y use in the prepara— � tion of inedicines. SEc. 14.. A11 licens.es, and other taxes clue, or which may� become due to the city; and every:�pecies of indebtedness due or which may become due to said city, shall be collect— ect and pa.id in'current coin. � ARTICLE'IX.' '' ` POLICE DEP3RT�iLNT. SECTro:� 1. There shall be n, Police Departrrient of the � __ �---� �"'�'�,� - �_._- irierin��m��� — ' � �� E`� �� ' �';� I � CODIFIED ORDIFANCES. }:j 1 � C;ity uf �au I.ui� Ohispo, and it shall consist of the �Vlarehal �!� <tnd�two policemen. �The Commoii Council m�,3� appoint � � � special policernen when neces�ary. � � � S�a 2.- The�s:zlary of�each policeman shall be sixty�-fivc+ dollars per xnonth, or at that rate for the time actually ei7i- '� plo5 ed, pa��able at the expiration of each month. � � S�c. �. Tlie City Marshal-is ex-otFicio Chief of Police, � and he sh�11 conform to and c��,use the policemen to obey the � rules and re�ulat,ions prescribed by this ordinance; he shall � have control over the Police department of tlie city, and shall be accountable for the efficiency, ofhcial conduct ancl � ;ood order of all the subordinates of the Department; he shall in all thiugs obey and see tha�t every officer obeys all rules and regulations�� made��for the� government of the � Department, and he shall communicate to ,the Common Council all complaints made against any of�'icer. ; SFc. 4. The Gity Marshal shall fix the beats of'police- nzen, a.nd assign to each hi,term of service thereon; he shall keep a register of arrests, and shall enter, or cause to be entered therein, the na,me of every person arrested, the offense for which he w�s arrested, the name of the corri- plainant and witnes�es, a�nd their places of residence; and ' when property has been atolen,shall enter thereon a descrip- tion of the stolen property,and name of the owner thereof; and when a person or propert3�has been injured, he muet record the name of the person injured or a description of the property injured, and he sha11 file or cause to be filed, a copy of such entries, in the Police Court, every ,judicial day, at such hour as the Police Judge may fix. He sha11 keep�. correct record of the number of arrests r�iade by each police- man and the convictione thereon,and report the same at the last Council meeting in each quarter; he shall also, in a book to be kept for such purpose, enter a description of all _ property coming into his possession of�'iciaily (whether stolen or otherwise), stating from whom it was received, and the disposition made thereof. SEc. 5. It shall be the duty of each policeman to be present at roll call in the station house, at such times as the Marshal may direct the calling thereof, and to obey all law- ful orders of the Marshal; to prevent the commission of an�� brea.ch of the peace, or other public offense; to suppress riot; �nd disorderly assemblages; tc arrest axid take to the sta- tion houee any and ever�person found violatiilg an Ordi- nance of the city, or committing a public off'ense, and t�� report such arrest. to the Marshal with such pa.rticulars as � � � � � � � � _ � � � � , � � $ � ��4 � �CODIFIED ORDINANCES. �.� � � may be necessary to enabie tlie entries, required b�- Section � � �� of this Articte, to �e made. � � SEc. �6. Each. policetnan, when� on duty, or whenever it �. ia necessary, that his officia.l position be kno�vn, shall �vear � and expose on his left breast, outside of his coat or outer garment, a five pointed star, not less than three inches in � diameter, haviug thereon the worc�s ��Police Of�'icer No.—," � the number to be such as m�,y be assiguecl him by the �Zar- i shal: The Marshal shall wear a ahielci witli the words ��City � lZa.rstial" inscribed thereon. Such stars shali be procured '" by the Common Council, �nd shali be allotted to the several � i c>fTicers by the 1VIarsha.i, who shail keep a record of the num- t�er assigned to each policeman, regul��r or special. � �EC. 7. It shall 'be� rnisdemeanor in oflice for the City � �Zarshal, or any p�iiceman, to loan his embletn of oflice, or i ciuring the time he is required to be on duty, to play a.ny � game of chance or skill, or to fail, or neglect, or refuse to � report any arrest made by him, as hereinbefore directed, or � to release any persou after such person has been arrested, � unless such person has first been admitted to a.nd gives bail, � or unless such person ha5 been ordered discharged by a � competent court or ma�istrate. SEc. S. Any of�icer or inember of the P�lice Dep�rtment �vho shail be guilty of misdemeanor in office, shali upon con- viction thereof, be fined in �, sum not less than ten nor more than two hundred dollar�,and shall be discharged frorn of�'ice. SEc. 9: The Common Council may appoint private night police, upon the applicatiun of any citizen, to guard and �rotect private property, and such priva,te policemen sha.11 have full power and authority to act as policemen, subject to the provision of this Article, providing that they shail receive no pay from the city for such service. SEC. 1�. The 1Vlarshal may at any time' suspend from duty any policeman who shall neglect or refuse to perform any of�'icial duty required of; or imposed on him, a,nd report such suspeusion and the cause thereof, at the next regular meeting of the Common Council, who shall, at their discre_ tiori, limit the period of such suspension, reinstate the officer or remove him from ofiice. SEa. 11. Any person who shall falsely represent himself as a peace officer of this city; or who sha11 arrest or attempt to make an arrest under such representation, shall, upon conviction thereof, be punished by a fine of not less than twenty dollars, or not inore tha,n three hundr�d dollars, and may'be'imprisoned for not exceeding ten days: �.�i�i.--_ - �'C6DIFIED ORDTNANCES. '�tj S�c. 1'. No police officar stiall a,bseut himself from the a�ity during th? time as�igned hirra for duty, without the �ermission of the Comi�on Council, and until a substitute �hail have been temporarily appointed. SEc. 13. Police officers, �vhile on duty, sha,ll not visit _ any drinking house,, house of ill-f�,me, hall, circus, theater, vr any other�lace of an3asement, except in the discharge of �heir duty. SEc. 14. i\Teglect or refusa.l of an,y police officer to report for daily cluty, �r to comply with tlie dutie5 i�posed upon ? or required of him by the provision of this Ordinance, or unprofessional or iir�rr�oral-conduct on the gart of any poIice �of2icer, either on or off duty, shall k�e punishe� bv sus�ension �or removal froYn of�ice. Complaints against such officer shall be filed uuith the iVlayor, who shall present the same at the next subsequent meeting of the Com�non Council, for deter- mination. AIi,TICLE X. . CZTY SUELVIFYOR AND HIS DUTIES. SEcz�roiv. 1. The ofTice of City Surveyor is hereby created and established. The o�'ice shall be filled by appointment, in the sa.me manner as provided for other . non-elective of�cers. ' SEc. 2. It shall be the duty of the City Surveyor: First: To x��ake all surveys, maps, plans, estimates and reports ordered by the Common Gouncil. Second: To superintend the making of all public improve- ments, when directed so to do by the ConnciL T hird: ITpan the pa,yment of his fees therefor by any person,.he sha,ll, at the request of such person, survey any , lot, block or square, within the city, and mark the metes and bounds thereof distinctly, with stakes or other dura�ble monuments, and fix grade marks for sidewalks and other improvements. F'ourtl�r To record in a book, (to be furnished by the city) minutes and field notes of all surveys, bounds and marks set for metes, and,all other work done by him, officially, within the city limits, axid deliver the same to his successor in office. Fifth: To preserde in his oflice, a11 his official records, and all maps, plats and surveys of the.city, and deliver them to his successor in-office. • � C,., . ..... . ._ 3 S ¢�' conzFi�n o�ni�axeEs. a p. SEc. 3. He is authorized to charge and i•eceive for hi� {; own use,fees as follows: : First: For all engineering «�ork done on a.ny street, ordered graded, macadamize�l or other�vise improved, �vheit � levels�and estimates are made, for such improvemetite, he shall have from each lot� for the distance along� for the first fifty feet, ten cents per running foot; for any adciitioual � ' nuinber of feet up to one hmidred feet, eight centa per run— ning foot; for any addit,ionai nurnber of feet up to two hun— dred a,n�fifty feet, six cents per running foat,and four cents per running foot for:each f�ot in adciitien to the foregoing number of feet. The above'fees to be charged to each lot or pa.rcei of land froi�ting on the street� when the work i,� ; done, and to be�,ssesseci against the propert3r for street im— � provements. � � Seco�ad: For all�engineering on�sewere,;he ehali- �recei��e ° two and one half cents per running foot, in front of ever�- � Iot or parcel of la,nd, fronting on the sewer built, to be � assessed ag�inst the lot or parcel of land fronting the sewer, � and collected from such Iot�r parcel of land. � Tfiircl: For the survey of any lot, block or squ�re Witliiii the city; when only four corners are required to be � marked, (to be paid by the pereun requiring the survey� five doflars. ` . b'ourtlz: For each and every day's work when employ�ed by the city, to perform any work by the day not mentioned. in the list of fees, six dollars per day; and for all necessar�- assistance actually employed by hirri while working by the day, two dollars and fifty cents each,per day. S�a 4: He sha21, in :the ma,nner prescribed for filing bonds for other city oflicers, execute a boncl;pa,y�,bte to the city, in the sum of five thousand dollars, conditioned for the . fa,ithfu�performance of his duties, and before entering upon the duties of'his office, fiie such bond with:the City Clerk, and take the oath of;office. ARTICLE XL, . 2 ESTABLISHMENT-0F A BASE OF VERTFCAL`DISTANCES� A1YD FIXZ�G THE GRADES" OF �IDEWALBS.`-' SEcmloiv 1. For the purpose of establishing a permanent mark, from ��vhich the base of vertical distance in the Cit3 of San Luis Obispa can'be readily ascertained and,deter— - niined, a,metal bolt of brass has been inserted in,tha centei . � � C,ODIFIED ORDINANCE'a. � :�'j � �sf t�I�e t�fdclle co�e-stone of the lowe�t bench of the south- west �vall of the stone steps in front of the 5tiii Luis •Obispo 47ountv Court House, i�,s�,ici city. �The surf�,c�e of the�upper � enc�of said rr�etal bolt is�on�a level witli the upper suriace of the cope-stone in wl�it�h it is inserted. Tlae horizorital plazie � l�ing eighty_two �,nci�ninety-two hundredtha (82 93-100) feet verticatly belodv the s�irface of the upper'end of sziid metal bolt, i5 hereby fixecd, established ziYad declared to be thP Datuna �'la,�ze, frorn �which a11 vertical diettinces must� be � ' � e�tim�,ted, designated ancl measured in grading and deter- � inining elevati�r�s of; �treeta, croseix�gs, pavernents, side- rvalka, gutter�, sewers, bric�ges, structure�, a,nd all other 'worl�s of the City <�f� San Luis Obispo, and��iri the�followii�g � ��5ections of th3s �Ordinance,��nd in a11 Orcliila,nces,�'ordera, ' enactrnents anci enntracts hereafter paesecl or made, wheii_ ever an elev�,tion or grade is nanaed in feet, ft shall be deeined to mean so�many feet verticalty al;o,ve said� e�tab- � lished base or dcctum pla�ae.. � � � � ��c. 2. The elev�tions of the curbs of side��alks on . Monterey street shail be��in feet�ai��d ��decimals�of �a foot,�as � follows: N�� �+ �atns`�oo- � - .. Feet . ths. � � �1t the crossing of Nipomo street........ ::.:... � �� At the crossiizg of south extension of Broad i . street: l� On the we�t Iine of Broad street.:............. 1 51 7 On the east line of Broad street.:.............. �� At the crossing'of north extenaion of I3road street: On the u�est line of Broad street.........:..... t�0 � On the east line of Broad street.:....`......... ' 61 8 A.t a point one hundred feet southwest of west line of Chorro street..........:............. 61 8 � At the crossing of,the,.easterly extension of I. � il�Ionterey street.k�y.Chorro street;on the easterly line of Chorro street.:. ............... 54 f 8•j. At�the crossing of.l4Zorro street: I On the west line of Morro street....:..:...... 58 ': 5: On the east line of Morro street............... 59 �� 5 At the aouthtivest corner of Court street........ 6� � 2 At the southeast corner of Court street......... 1 64 I 8 i 7 � � 4g � � CODIFIED ORDINANCES. . � � � � . � No,of rofiis roo- � � � . Fae� ths. ": At the crassii�g of Osos street............. .... I 71 5 5 � � At the crossing�f S;�nta R�osa street......_..... I 7� 7 3 ' At the crossin�of 'T�orro street_..:..........._.... � j G8 � :; SEc, 3. The elevation� of the curbs of sidewalks oi� � � � � ��'alm s�treet sh�11 be in.fee� a�nd' deci��aTs of a foot, as �fol_ lows: . . � .. �� , ... . . . No.of ioths ioo- Feet, � ths- At the crossingof Chorro street....�.............. I 70 � At the crossing of RTorro street- � On the south line of PaTm street........___..__: 82 1 � f�n the north line of Pafm street....._......... � 83 1 At the croseing of f)vos street: ; On the south line of Pa.Tm street.... g� - �n the north line ofPa.lm street.... ... I g5 > i � At the crossing�of Santa I�os�street: On the south Iine of Palm street............... �8 � 4n the north line of Pa.Im street............... 99 's At the crossing of Torra street: j On the south Iine of PaIm street:.....:......... 9� t On the nogtfi�ine ofPalm street:.............. gg � � . 3 � . � - . � , .. . . � . . . . .. . y SEc. 4. ' The eIevations of the curbs of sidewalks' ot2 � Higuera street, shall be ir� fee�anc� decimals of a foot, a� follows: . Na,of�ocns �oo- At the crossing�of Nipomo street: Feet. tns" On the �vest line of 1ETipomo street... 3�+ On the east Iine of Nipoino street.... . � �9 �. I At the crossing of Broad street: . On the west line of Broad street.:..:.._...... 43 4 dn t�ie east line of Broad street-•••�•r^:'.., 43 7 At the crossing of Garden street: On the t�est Iine of Garden street.... :.. 47 7 . On the eastline of C�arden stxeet...... ....... 48 2 � At the crossing o�Chorro stieet: � On the west line of Chorro street..::.......... 51 7 On the east line of Chorro street............... 52 2 ' . � ' �aD��n o�nixAxcEs. �}� � . . . . -, . . �. No.ot �otns ,00- �t the cro5sing of:lZorro street.................. �gt 5 �tns. At the north�vest corner of Court street........ 60 5 � .At the southeast corner of Court street......... 61 1 i .At�the inte�section,with Osos stree�..._........ 63 5 j � S�:a 5: The elevations af tlie curbs vf sidewalks vii Marsh street, sh�,ll be in feet and deci�nais of a toot, as fol_ , , io�vs: No,�r �otns �oo- � � � � . a,� � Feat. ths. At the crossing of Nipomo,street.............�...: 35 7 At the crossing of Broad street: On the west line of Broad street.............. 40 7 � On the east line of Broad street:.............. 41 `L At the crossing of Gardemstreet: � On the west line of G�rden street.'............ �g � On the east line of Garden street............. 46 5 I At the crosein.g of Chorro streetc On the east Iine of Chorro street............... 49 7 I On the west line of Chorro etree�............. 49 2 A.t the crossing of west line,of Morro street... 56 � 9 At the crossing of east line of Morro street... 57 4 At the crossing of west line of Osos street..... g� •2. At the crossing of east line of Osos street...... 62 7� SEc. 6. The elevations of the curbs of the sidewalks of Pacific street, shall be in feet and deciinals of a foot, as fol- lows: .. �� � � � � No. of.�oths �oo- � . . � . � . ' . . . . . . Feei, ihs. At�the point� two hundred and twenty-five � (225) feet'northea.steriy from east line of Nipomo street........................r.............. 39 8 At crossing of Broa� street........................ 40 8 At crossing of west side of Ga.rcien street...... 45 9 At crossing of east side of Garden �treet....... . 46 4 j ' ,. . .. . .. .. . _ ....._ . j � � . . �'.. ' . . = 50 � i . �CODIFIED OItDIFA2VCES. i , � � No,ot �oths 1O°� � 3�crc�saing of west line of Chorro street....... 48 5 tns. At crossing of ea,st line of Chorro street..:..... 4g �t crossing of west line of 1VTorro street.:....... 5G ] ' ' At croesing of east line of Morro street-••�••••• I 56 6 S�r,. 7.' The elevations'of the curbs'of sidewall�s at the 3 � places ciescribed in this Section shall be in�feet and deci_ rnals of a,foot, as follows: . . � .. � . � � . � . .. � . �-� No.af ioths" ioo- i At the points on Pismo streeE, one hundred Feet, ths_ feet northeasteri`y from the crossiug of the � � ea�sterlc Iine of Nipomo street....: ....::. . _ I 50 '4 � - At the crossing of Pismo and Broad streets... i 43 I 4 � � ? At the croesing south line of i4lill street by . � � � • � Chorro street................... ......:. ....... i � At t.he crossing of the north line of Mill�treet � � by Chorro street.............. ....:.. ;:..... I � At the crosaing of Chorro and.Peach streetc... I `r� � SEc.. 8. Upon ail street� where pvints of elevation of curbs of sidewalks are established by this Ordinance, the ' 5idewalks shail have a uniform•grade between the estab— ' lished points of elevation, except upon Chorro street, between 12onterey and Palrn streets, and except upon Mon- terey street, between Nipoino and South Broa.d streets. - . _� : ARTICLE XII. CONFOIi,�IITY TO SURVEYS AND GRADE5. SECTio�' 1. Every person before constructing or ma�king any improvement along any street, lane or alley in the city, must, at his own expense, procure the City Surveyor to survey and mark the boundary of such street, lane or alley along the proposed building or impruvement, and must not construct euch building or improvement so as to encroach upon the street,lane or alley so rnarked. S�c. 2. Every person, befnre making'any sidewalk or gutter on any street, lane or alley in the city, must, at his own expense, where the grade, width or dimension5 of such side�-alk or gutter is est�iblished by Ordina,nce, procure the . � ., , � � � CODIFIED flRDINANCE9. JI <City Surbeyor to survey the same and mark the grade, «>idth and dimension thereof, axid in making. such sidewalk �r gutter, mu�t conf'orm to the survey so made and rnarked. S�C. 3. Every person who wilfully or negligently con- ,structs or causes to be constructed, any building or other irnprovement within this cit3i �o as to encroach upon anj- street, la�ne or alley within the city, except in such cases xs xre now or m�y be permitted b5 a City Ordinance, or where the grade, width or dimensions of any sidewalk, gutter�or .sewer i5 e�t��blished by Ordinance, shall wilfully or negli- , :gently make,con5truct or cause to be made or construrted an3•' �idewalk, gutter or sev�er, w�ithout causing the satne to con- forrn tp the grade, width'or dimensions so established, sha11 be punished by a fine tif not less than twenty nor more th�v five hundred dullars, and �iay be.imprisoned until such fine b� paid, not exceeciing ten days.__ And so inuch'of ever�� building, im�rovement, sidewalk, gutter or sewer as shall be constructed or made, contrary to the provisions of this section, shall be deemed a nuisance, and may�e abated b�- -qrder of the Common Council, and the expense of abatin� the same shall be a ch�rge against all persons who made, caused or maintain the same. And upon the tria.l of any person for violation of the provisions of this section, proof, that the City Surveyor was not employed to make the sur- vey ana marks, as required by this Article, shall be conclu- , sive proof of negligence. ARTICLE XIII. , WIDTHS OF SIDEWALKS. SECTro�r L A sidewalk is hereby established on eac13 :side of and along the entire length of every street, lane ancl .�lley in the City of �an Luis Obispa . SEa 2 The width of sidewalks shall be as follows: Three feet in width, where the street, lane or alley is le�s than thirty feet wide. Four feet in width, where the street, lane or alley i.> • ,Zhirty and less th�,n forty feet wide." � Six feet in width, where the street,lane or alley is fort�- and less than fifty feet tivide., Eight feet in width, where the street is fifty and less than sixty feet wide. Ten feet in width, where the street is sixty and less tha.: seventy feet wide. j � ! 52 � CODIFIED ORDINANCES. � � I ! Tweive feet ip �vidth, �vhere the street is 5eventy feet c�r ! tnore wide. � � ' ARTICLE XIV. � RELAT7NG TO CLEANING OF STREET3. SFCTiox 1. It shall be the dut�y of the occup�ut of each , , lot and the owner of e�uh unoccnpied lot, fronting ou Mon_ terey street, between Osos and North Broad streets; �Iorro street, between i�lonterey and Hi�uera streets; Chorro street, between Monterey and Higuera streets; and.Higuer�l. street, between DZorro an�t Broad streets, to ciean or cause to be cleaned, the stree€ fronting on such lot as far as the center line of such street, by collecting aud piling the dirt �nd rubbigh in the center of the sarne, vn or before nine ��'clock a. as., on each and every Saturday. S�ct 2. Every person who fails to comply with the pro_ visions of Section 1 of this .Article, shall be fined not less than five nor rr�ore than twenty dollars for each offense. � SEc. 3. The City Marsha,l shall enforc.e the provisions of this Article, and he is empowered to contract with some person, (subject to confirmation by the Commou Council); to remove such dirt and rubbish on or before six o'clock p. �t., of each Saturclay. ARTICLE YV. :ItUTILATION OF' TREE$� SHRUBBERIES� &C. SECTioN. 1. It shall.be unlawful to hitch or tie any ani- mal to any shade, ornamental, fruit or other tree or ahrub, or to any lamp post, waterbut or hydrant in any street or public place within the city. SEc. 2. lt shall be unlawful to cut down, mutilate or injure any tree or shrubbery, growing in any street, alley or public place within the city limits unless by order of the Common CounciL SEc. 8. Every person�who violates any provision of this Article, ehall be punished by�fine of not less than five nor more than one hundred doilars, and may be imprisonea until such fine be pa.id, not exceeding ten days. 1 �����- - .CODIFI�D ORDIVAVCES. � � .ARTICLE XVI. � OB$TRUCTIONS OF STREET� A:VD SIDEWALKS. SECTtov 1. No person sh�ll in an3� manner, nor for any �urpose, break up, dig up, disturb, dig under, undermine, gra,de, fill in with dirt,'rock, or any substance, construct or repair, nor cause either to be doxie in or upon any street, alley, bridge, culvert, or uther public.place �vithin the city, unless required or permitted eo to do by a City Ordinance, or an order of the Common CounciL � SEc. 2.' 'Every peraon authorized to lay down any gas or water pipes or mains,'or to dig up, disturb, dig under or open any street, a,lley or other public place within the city, , must cornplete such worl�, whem comxnenced, with c3ispatch, ��,nd without delay must put the street, or other public place 5o disi;urbed, dug up, opened, or du� under, in as good con— dition as it�vas prior to tbe commencement of such work. SEc. 3. It shall be unlawful for any persen to ride or drive upon or across any sidewa.lk in the city, except at a, street or alley crossing, or at a private crossing maintained • by some per5on for entering his preini�es, provided that such crossing Shall only be used for such length of time as shall be necessary to cross the same. SEc. 4. ;No persou shall cause or allow any vehicle or animal under his charge to stand upon any sidewalk within the city, nor allow any vehicle to which is not harnessed any animal to move the sa�me, to remain standing in any street, or public place, for more than one hour at any one time SEc. 5. r No person or business firm sh�ll obstruct any � porticn of the sidewalk, in any part of the city; provided however, that merchants, and others receiving and deliver- ing goods shall be allo�ved six hours from the time they are deposited until removed; and provided, further, that a space of four feet in width shali at all tixnes be kept clear for the accomodation of persons passing. SEa 6. It is hereby made the duty af every owner, occupant, agent, claimant or person having charge, posses- sion or cootrol of �ny real estate, in the portion of the City of San Luis Obispo, comprised within the limits set forth in Section 8 of this Article, to clear, cut down and destroy the weeds or vegetation, to ,the center of the street in front of the premises of which they are the owners,occupants,agents . � . , � � � � � CODIFIED OHDIICANCEB. i j' �I or ciaimant�, or of��hich they have possessiion or coutrol, and to remove same from the street or si�lewalk; and to j � I'I keep all shacle or ornamental trees, planted and locatecl o�► � the lines of the siciewalks on saia streets, tricnmed �nd i i pruned to a sufficient height, so as not to obstruct the free � paeeage on such�idewalks, or inconvenience the public. � ' t i SEc. 7 j�hen boxea or other pr��tection is placed about shade or ornamental trees, on the line of side�valks in s<tid streets, such boxes or other protection must not be less than I� ; ' three and one half feet in height, nor more th�in twel��e ', inches in diame�er. � SEc. 8. The portion of the city to whic}► the provision5 of Sections 6 and 7 Lereof appiy, are: Santa Rosa Street, from `V line of Mill steert to S II , line of Dlonterey street. I �I Osos street,from N line of Palm street to N line of Pacific ' street. �"' Morro street,froin N line of Palm street to S line of iVl�rsli street. j Chorro street, from N line of Palm street to S line of I ' Marsh street. �; Garden street, from N line nf Higuer�,street to N line of Pacific street. ' Broad street, fron N line of P�lm street to S line of Buchon street. � Nipomo street, from N line of Da.na street to S line of �' I Buchon street. � ;I Bea.ch street, from N line of Pacific street to S line of ' Islay street. � Carmel street, from N line of Pacific street to S line of Islay street. South line of IsIay street, from tiV line of C:irmel street to E line of Beach street. � South line of Buchon street, }'ro�n ti�line of C�irmel street to E line of Broad street. � South line of Pismo street, from `V line of Hiauera street to E line of Nipomo street. 4 Pacific street, from W line of Garden street to E line of t I �' Chorro street. Pacific street, from E line of Morro street to F line of Osos street. Marsh street from� , , �lin . e of I3iguera street to E line of V me �j � yard tract. � ; Higuera, street, from N line of Pismo street to E liue of � � Court street. � I� { � i 4 ' ;�������:. � _ CODIFIED ORDINANCES. � � Dana street, 'froiti Stenner Creek tq E line of Nipomo street. lfouterey street, frozn E line of Nipomo street to tiV line of Torro street. Palm street, from W line of Nipomo street to VV line of Essex street. Court street, from DZonterey street to'S line of Higuera ' 5treet. SEc. 9. Any person who shall violate any of the provis- ions of this Article shall be deemed guilty of a rr►isdemeanor, and upon conviction thereof shall be punished by a fine of not less th�n five dollars nor more than two hundred dollars, or by iaiprisonment untii, such,fine be paid, not exceeding ten da�ys. ARTICLE XVII. �- -�FAST�DRIVING��:ON:6TREETS�AND:'BRIDQES. �� �� � SEcmtor L It shall be unlawful for�,ny person to ride or drive upon or across any bridge within the city limits faster than a walk. SEa 2. 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 word� <<Walk your horses," 5o that the sas�ie can be seen from either end of such bridges, and the expense of putting up and'm�intaining such notices Ahall be a� city�harge. � SEc. 8. It sha11 be unlawful for anv person or persons to ride or_drive through or in any street or alley within the city limits, at any. rate of speed, or in any. manner which may endanger the safety of life or property. SEc. 4. . Every,person who violates any provision of this Article, shail be punished by fine of not less than five nor more than one hundred dollar�,'and may be imprisoned until such fine is paid, not exceeding ten days. . ARTICLE XVIII. , r .. � ' �RELATING�TO��ANIMAL3��BTANDING UNP'ASTENED. '` � � . SECTiox 1. It shall be unlawful for any person to permit or allow any animal that is harnessed to a;vehicle, or any saddled animal in his care or under his control or,mana,ge- ment, to travel in any street,alley or public place in the i,i �I . ;� � . . . 56 . CODIFIED ORDINANCE.S.• . �� city Iimits, with�ut a driver or ricler; or to letive any such � animal upon any street,�alley or uiiii�closecl pince within the � � city, unlese sqcli a.nimal be Secarely tied to, or fa�tened to �I some perma,nently fixed post or otlier 9t.itiorttiry� flcture. SEc. 2. Every per�n �vho violates ,irey of the provisions of this Artiele, shall be punighed by rti flne of not less than five nor more th�,n twent3� dollatr�, for eac�li offen�e,�n�m�`. � be imprisoned until such fine be ucl not exceecling ten aa3'3• � � � � # ARTICLE XIX. :�UISANCE9� AND THF,Ift AI3ATF:bIFN C. SEcmIov 1. EverY Person wl�o sh:ill de��it or pro�u•fe to be depositeci an � y dead anim�l, filtt�, g�r►><i�.�, rubbish� manure, litter, suds, slops or any vegetuble or nnirnal sub_ stances, or other of3'ensive matter, in the ch:innel or upon the bank; border or side of any stream,creek vr wutercourse, or into any public place, street, Itine or alley within the city limits, shall be deemed g�l1�ty of committing�ti nuisance, ' �na u on P eonviction thereof shall be 8ned in finy 9um not Iess than ten, nor more than one huncired dollRrs, and ma`- be imprisoned untiI such fine be paid, not exceeding ten days. SEc. 2. Every person having the�are, controI o�Wning, occnpying� �s,yessing or building or superstructure inm��'agement of �ny lancl, lot, � upon vr in the (,ity of San Luis Obispo, which there is or shall hereafter be an3•priv��, watercloset,sink or cesspooi� Who cau_ses, permits, suffere or allows any noxious therefrom °r °�'ensive matter to be dischargec� drain � either directly, or throu or� sewer snto the channel o�hu aT�y pl�' �otlduit, side or borcier of an P�n either barik, said city, �r�,ho sh ll cau em' creek or watercoUrse ter to be discharged from an per�2t or allow a❑ � �'ithin ar cess Y such S'9U�h mat. pool, into, upon, throu Privy, watercloset, eink pu�rlic place, S��.s � g'h �r near any street, alley or some or di�agreeable the�ll�te or render noxioas un �r pubIic air in any part of such street,�lley� nuisance, and U' shall be°deemed g��lty op maintaining� sum of not pOn conviction thereof, shall be fined in x clollars. �ess than twenty nor more than one hundreci CODI2*IED ORDiSANCEtI, ��� ; ARTICI�F: ��. , � 2:ISI._ITING TO LABOIt OF P!tlSp�i M:ItB. 5t:crrox 1. The Police Court u�ro�� con�•i�•tion �it nn�• � ��er���n for violatiiig au�� City OrdIn:tnce uiuy, tn It, ilt�cr��. tion, in addition tu ti��3• 8ue, or In lie+u of I�upo�tu�,► :in�• ti�u• or impri�on�nent, or in xddition to en�• in►prl�on�uc�nt liu.� ���ed, Sentence such per�on to work upou tlie pttblic� u•urk�, or���hen a fine ia i�nposed, iii:i3� requirt� the pc�r�o�i tine��l, t�� u•ork upon the public tvorka u�ittl sucli finc� h� p:tt�l. /'r�.- z•irlecl, that no per�on �h:ill be required to Ku �����rk for nior�• than ten di�}�� upoii uii�� une convictio�►. Ther t��r�u ��publi�• a•orks," as u�ed in this A.rticlP, ytiiill be ����uatru���i tu �tii�uii �uiy �vork upon street�, side����tks, ye�verv ur otlier ��lu�•�• under control of the eit��, or u�on :ins� lot �ir tire�riie��� thu� ma3• h,e or<lered clerined b��tiuthorit,y� of thc� Ccn�uuou Cuin�_ cil. � �Ec. '�. The City �liurahal .�hull ��omjx�l all p��r��n� ���n- tenced to tvurk �,s pro�•ided in Sec�tion 1 of tt►is Art(<d��, tu litit�or on such public �corlce as he �na�� �lec�iri j�rop��r, �uhJ����t to the direction of the Common Counci(. BEc. 3. Any�person tvho shall nttempt to escupe, ur ylinll e�cape during the tirne he is uuder sentence to ���ork on tli�� public works, upon conviction thereof, st►rill he �c:nt��nae�cl t�� �vork upon the public �c�orke for ten dati�•�. SFe. -�. The lltir�l�fil is �tuthorized tc� pr<►c��u•c� ancl u��� .i ball and ch�tin upon everr pereon convicte�l of �•i��l�itiny; .5ection 3 of this Article, and upon ever�� per:ron �eotonr��d to work, who refuse3 to �vork, ztnd ma�• use �uc�li re:iyoniilrl�� force �s m�y be necess�iry to compel iin,y� pc�r:�on �e�ite�n�•���i t�r work upon the public u�orks, to perform �uch (itiLor. SEc. 5. If:iny per�on shtill in ttn�• munner Int�rferi� �vith ur disturu any person �rhile doing compul�or�� 1:�i�r und��i• thia rlrticle, without the perinission of the Dliirshal ��r pc�r_ son ha.ving charge of�such laborer, the per�on �o ofl'eudin�; shall be punished by :ti fine n�t exceeding t���ent�• Q��Iliir.+, ��r b3� imprisonment not e�ceeding ten du}-s. ARTICLE Y�I. RF.I.AT1�(, TO DI�ORDERT.1 Cl)\U['('1'. SEc�io� 1. No per�on sh�ill �ippe�ir in an�• pul�lic plac�i� within the cit;�liruits, nakeci, n�r in a dre.�>+ n�t holon�in},� to nis or her se�, nor iu �in indecent or le��-d dre���, nor nrik�� 'i � N 5 a i I i . 58 CODSFlED ORDIAANCES. . � � ��,ny indecent expo�ure of his or her peraou, nor conduct himself or herself iti a�n indecent or lewd ma.nner. � � � s Sr.c. `.�,. No peraon shall within the city xnake or know- � ingly�,liow, cause or suff'er to be made ori hie premises, or � on or within �tiny prer�ises within l�is control, any noise, disorder or tumutt ta the disturbance of the public�peace or � of any person or peraot2s. � SEc. 3. No�erson sIiall, ivithi►� the city, utter or use in � the l�earing of any other person or per�on, any bawdy,lewd, _ oa�scene or prvfane Ianguage,�ords or epithets, to the an- ; noyanee of such other person or' p�rscsn, nor use'any lan_ � guage, «rord or espressivn to another pei;soti, h�ving a tendei�cy to provoke a bre�c�h of the peace, nor wilfulIy do au,y�et with t,he intention of exasper�ting any person. SEc. 4, No persan shalt be upan �,i�y sfreet or in anv public plz�ce.in the city in a state of'drunkenness or intoxi- c��tion; ilar sha.II any persoii be u�vn ar in a.i�y private � premises,orin any public orprivate house iu a sta.te ofdrunk- ' enness or intoxication to the annoyance of another person. ? :�ca �. No peraon shaII kee�, m�,intain or become a vis_ 9 itmr to�ny ciisorcIerly house, or house of ilt farne'�vithin the city. ; SEc. 6. Every person who vioIates any of the provisions { o�this Article, shali be punished by a fine of not lesa th�,n � five nor n�ore than three hundred dollars, or by iinprison- •a inei�t not exceeding ten days, and m�y be imprisonec� until � sucli;fine imposed be paici, nat exceeding ten da.ys. ° - A.RTIGL� XX1I. 1�F.Lr1TI\TGG TO INTERMENT� �VITHIN T7IE CITY LZ;IIITS. SEcrrorT L " From and after the first day of DZ�y, A: D., 1878, no person shall bury� caused to be buried, or aid, abet, or encaurage the burial of the dead body of any perso�i within the limits of the City of San Luis Obispo, except per_ inission for such burial be giveii as in the manner herein- �fter prescribed. SEc. 2. The Commoi� Council may by resoIution, defin- ing the boundaries thereof, establish or permit to be estab- lished a cernetery, or cemeteries within the city limits, at sucb pIace or places, as may be recommended by the Board of HeaIth of said city, and k�nriais at any cemetery su estab- lished, shall be deemed lawful. � ; '-i CODIFIED ORDINANC�S. J�J � SEc. 3. No intermeut of a deceased person shall be made � �vithin, nor shall a,ny k�urial take piace from within the cit�- limits, unless a buria( permit shall h�ve been first procured from the l�iayor of the city for such intertnent or removal. SEc. 4. Before the burial permit, mentioned in Sectioci 3, can be issued, the MaSor shall require a, certificate, to be signed by either the attending physici�in, or clergyman, or County Coroner; or in the absence of such certificate, when no physician or clergyman sha11 have a.ttended, or inque�t shall ha,ve been held, by other �aLisfactory evidence, if practicable, of the name, age, sex, color, z2ativrty�nd cause � of death, of the person for whom the burial permit is required. SEc. 5. No sextoii or other person, having the charge or control of any cemetery within the city limits, ehall allo�v the interment of any person',:within such cemetery, under liis or their control or charge;without a burial permit therefor� such burial permit to be retained in the custody of the sex- ton or person having charge or control. SEc. 6. Any violation of tke provisions of this Article shall be punish�ble b�a fine 'not exceeding two huudreci dollars, or by imprisonment not exceeding ten da.ys, or by both such fine and iinprisonment; provided� that nothing in this Article shall be c�nstrued to prevent the removal of tlead bodies of persons .to or from a�ny ceinetery or other burial place �vithin the city limits, when such person shall h�ve died at le�st three months previous to such remoyaL ' ARTICLE XXI�I. RELE1TItiG TO THE BO�RD 'OF HEALTH� THEIIt 'POWERS 11ND DUTI�S. � SECTzoiv 1. There shall be a Board of Health of the Cit�- of San Li?is Obispo, which sha�il consist of three physicians, licensed to practice unc]er the laws of the State, and tho President of the Common Council shall be ex-officiq Presi- dent of the Board of Heaith. SEc. 2 The Mayor shall nominate, and by and with thc�. consent of the Common Council, may appoant the xnember� of the Board of Health, �nd may snspend, and with thc� consent of the-Common Council, tnay remove any membe� at pleasure. SEr 3. The Board of Health shall have general super- ��ision of all matters ap�ertainiiig to the sanitary condition �,�, ' � �' � � � � 1 ',' ;i VO CODIFIED ORDINANCES. 1 � .'i � � ' of the city, and make such rules and regulations in reIatioa �� � thereto, as are not inconsistent with law. ��f � SEc. 4. The Board of Health shall meet monthly,and � <�.lso when called by the President thereof, and Shall h�,ve �(� ,� � Power: � �� First: To appoint a President, ���o tera, in the absence of : Z„ ; the President. �, I�I ; Seeo�ad: In times of epidemics or prevatence of contagious , ��C �; or infectiaus di,seases, to appcint a Iiealth Officer,fix his i ; duties, and remove him at pleasure. , � Third: To locate and esta.blish pest hou�es,and discontiuue i �tnd remove the same; to make rules and reguIations for `I conducting the same; and to cause to be removed thereto, ' and kept therein, every person having a conta.gious or infec- tious disease. SFc. 5. It shall be the duty of the Board of Heaith to prepare such rules and regulations for the cIeansing, disin- � fection�nd deodorization of filthy places within the city, both public and priva.te; a�lso for the construction cesspools, �inks, privies anct sewers, as they may deem advisable,and ; , 3�eport the same to the City Council, with a recommendation � that suitabie Ordinance be made to enforce the same, SEc. 6. It shall be the dut,y nf the Marshal and each ' ; Yoliceman of the city, t� report to the Soard of Health�alI nais�,nces liable to endanger health,and to execute all lawful � ' ��rders that such Board shall require them to perform in the ` exercise of their powers. ��� SEc. 7. It shall be unlawful fbr any person or per5ons to i�i' ca.use or permit any decayed, decaying, putrid, or offensive ; rnatter, liquid or substance, or any matter, liquid or sub- w �'�� ` ,t�,nce that produces poisonous gases or otherwise renders � '� '"G tlie air impure or unhealthy, to be, accumulate or remain k�; ! upon any lot or premises, or in any house within the city �f limits, owned or occupied by thexn. I SEc. 8. It shall be the duty of the Board of Health i ���henever any�person violates any of the provisions of Sec- i tion 7 of this Article, to direct the Health Officer or Marshal ' � to notify the person so offending, to remove the offensive �natter, sub5tance or liquid from the city, and (if the Board ' i; cleem it necessary for the preservation of health), to disin_ ; fect the premises in such manner as the Board may direct. � G' SE�. 9. Every persoYi who violates any of the provisions " .�i of Section 7 of this Article, and who neglects or fails to �. ; commence to clean and disinfect the premises owned or s occupied by him, when notified so to cio by the 1�Iarshal or f` . � ` j i i` � E�' � , ', � � � � � ', � . �.� � � . CODIFIED ARDINANCES. � 61 Health Of�'icer within twenty-four hours after beiug notified �o to do, and to continue the prosecution of the wor(�of cleaning and disinfecting the sa�ie dili�ently until comple- tion, shall be punished by � fine of not more than five hundreci dollars, or by imprisonment for ten days, and when <L fine is imposed may be imprisoned until 5uch fine be paid, not exceeding ten days. Sr:c. 10. Whenever any person owning or occupying any premises in the city,violates �ny of the provisions��f Section 7 of this Article, and refuses �r ne;lects to elean�e or disin- fect such premises, when notified so do to by the Marshal or Hea.lth Officer, or within forty-eight hours after such notice 3ias been served, the Common Council may cause the premi�es so owned by such person to be cleansed and disin_ fected; aud the owner a.nd occupant of such premises shall be severally liable to the city for the expense in cleaning <ind disinfecting such premises, and the expense so incurred �hall be a lien upon the land and preinisea cleansed or dis- infected. SEc. 11. ti�hen there is no person occupying the premises �ought to be cleansed, the M�rshai or Health Of�'icer xnay serve such notice by posting a copy of the saxne upon such premises. SEc. 12. Nothing contained in this Article shall be con- strued to justify any public� nuisance, oi• prevent the itnxne- diate prosecution of any person committing or maintainin� �, public nuisance. • ARTICLE XXIV. THE REGISTRATION OF BIRTHS AND DEATHG. SECTiov 1. The Soard of Health must keep a�record of a.11 births and deaths occurring in the city. SEc. •L. Physicians aud midwives must, on or before the fourth ciay of each month, make a�return, in writing, to the Board of Hea�lth: First: Of all deaths occurring in tLeir practice during the preceding month, with the name, age, color, nativity, date and place of death, and occupation of deceased. Second: Of all births occurring in their practice during the preceding month, with the date of birth, and name and occupati�n of parents. And in the absence of such a,ttendants, the parent must � f � - � 62 CODIFIED ORDINANCES, '; make such report within thirty daS�s after the birth of th� � � child. ��� ;� SEc. 3. When"any death �ccurs within the cit��, and no � physician nor midwife was in attendance, the person under � whose proteetion or care the deceased person was at the time � of death, must make such return. S�c. 4. Such returns must be filecI with the.Secretary of � the Board of HeaIth, and entered by him in the records of birtbs ancl deaths. SEc. 5. Any violation of the provisions of this Article shall subject the offender to a penalt3-of'not less than fiee, nor more than fifty dollars. . ARTICI.E XXV. FIRE DEE'ARTMENT. SEcmrox 1. ' A Fire Departrrient for tlie City of Saii Luis Obispo is hereby established, and it shall coneist of a Chief Engineer, a First Assistant Engineer a,nd a Second Assistant Engineer, and such Engine, I3ook and Ladder, arid Hose Companies as shall be duly declared and admittect �as such by the Common Council. SEc, 2. Each company,' before admission, shall be organ- ized�ecording to Iaw; and in no case shall consist of more than sixty-five members. ' SEc. 3. ti�henever any company shall kiecome ineflicient� or refuses or neglects to perform it�duty, the Chief Engi_ neer shall report the sa,me to the Common Council, whv, in their discretion, may disband or re.tain them. SEc. 4. The Chief Engineer and First a.nd Second Assist- - ant Engineers shali be appointed in the same inanner as are other city appointees. ' S�c. 5: ' It shall be the duty of tlie Chief Engineer, anci he shall have power: ` .. First: To superintend, direct and control the action of' oiiicers and'members of the Department at�,11 fire5. Seco�ad: To order the removal or destruction of any houae or other' structure, and to do and perform any other act which ma,y be necessary to stay the progress of fire. T�iird: To superintend the affairs of the Departm�nt, anci see that aIl apparatus and suppiies necessary for use at a fire are kept in good condition and ready for use. : I'ourtye: To make a qu�rterly report to the Common Coun- cil on the first of February, DZay, A�gust and November of c���m�.-----� CODIFIED-0RDINANCES, 63 ea.ch year, of all fire alarms and fires, ancl the cause thereof, �cs ne�r a,s can b2 ascertained; also, of the damage and loss sustained, a,nd report to the Common Council, from time to time, the requirements of the Department. I'ifth:To suspend any company for disobedience of orders _ until action thereon can be had by th0 Common Council. S'ixtiz: To t�ke charge of all property beionging to the city and under control of any disba�nded or suspended com- p�,iiy, and hold the same subject to,the direction of the Common Council. - �S'eve7ztlz: To keep a book in which shall be enrolled the names of the different FirE Companies, the narnes of the. active certificate m,embers thereof, the dates of their certifi- c�,tes, the dRte of a1L deaths, resignations and expulsions, <�,nci report the s�,me to the Common CounciL � �i,qhth: To sign all certifi�ates of rnembership, properly snade out: 1Virath-: To deliver to his,succeseor in of�'ice all records, papers and property pertaining,to his of�'ice. S�o. 6. It shall be the cluty of the Assistant Engineers: .First: To qualify as required of other appointees. Seconcl.• To aid the Chief Engineer in the discharge of his dutiPs and to obey his orciers. , T�ird: To take co�nmand in the absence of the Chief Engineer, according to their rank, with all the powers of that office, and;in the absence of the Chief ;Engineer and Assistants, the Foreman of the uldest fire company present shall exercise the pol,wers and perforin the duties of the Chief Engineer. Fourth: To enforce compliance with all orders issued by the Chief Engineer, and report all cases of disobedience to the Chief. b'ifth: To be present at all fires, and report to the Chief Engineer for duty. SEc. 7. It shall be the duty of the City Clerk: First: To file all pa�pers and documents of the Fire Depart_ ment under appropriate head�, and to keep the seal of the Fire Department. �S�econd: To keep a book c�ntaining the names-of all mem- bers of the Fire Department, under the head and name of the company to which they respectively belong, arranged to show, opposite his name, the date on which ;each member joined the Department (tivhich date shall be also inserted in his certificate of inembership, as the date thereof); also the date of all deaths, resignations and expulsions; the entry �jt .i,f yj {' �i �I �' CODIFIED ORD2NAACEB. E citin such fact o g pposite his naine a.nd date of' rrmembership. � Said baok shall be styled the ��Registry of the Fire Depart. i ment," and shall be open at all times to the inspection of � the public. Tlezrd: To countersign all certificates of inembership, and by instruction of the M��yor and Common Gouncil, to affix the sea.l of the Department to any document. Fozertlu To is�ue to any member of the Department, who �ha11 ha.ve been �n active, registered firetrian of five yeai•s standing, an exempt certific�te, upon the order of the Com_ mon Cauncil. Fifth.• To note in a book the time of suspension of an�- oflicer or member of the Fire Department, and such timP : shall not be allowed to persons suspended, as certi8eci members of the Department. SEc. 8. Any company who shaIl re�nove their apparatu; under any pretense without an order from the proper officer, while under suspension, shaIl forthwith be declared dis- banded by the Chief Engineer, subject to appeal to the Common CounciI. Whenever an�- Chief or Assistant Engineer shail absent� himself from the city for a term.of more than thirty days, without permission of the Mayor, his oflice shal[ be deemed vacant. SEc. 9. No person shall be.a fireman uniess of the age of twenty years and a resident of the city. ' SEc. 10. Each company must keep its apparatus in good order and condition, and ready for immediate service, and the secretary shail, on the first Monclay.of January and Jul�• in each year, report to the Chief Engineer the condition of the compa.ny and.the number of times that they have been in'service during the preceding six months. SEc. ll. During the time of any fire, the officer in , command of the Department or any Company, the Mayor or any ConnciIman or Fire Warden, may arrest vr order the arrest of any person or persons, who wilfuliy interfere with the Fire Department in the discharge of their duties, and the MarshaI and Policema.n shali obey such orders forthwit}i. The persons so arrested shall be brought before the Police Court for tria.l, and on conviction may be fned in a smm �ot more than two hundred cloIIars, and ma.y be impri.soneci nntil such firie be paid;not exceeding ten days. SEc 12, It shalI be unIawful: ' First: To wilfuIly c�use a faise alarm of fire Seeoncd:,To wilfulIy mutilate or damage �ny. propert�- usec2 by the Fire Department. � � �� CODIFIED ORDINANCES. GS � Third: To use for private purposes or for an3- purpose other than such as are necessary or cox�venient for the uses of the Fire Department,'�any fire ladders, � hose, trucks, engine or other ,apparatus belonging to or connecteci with the Fire Dep�rt�nen� • FourLhr'To take water from any fire piug; cistern or other source of supply of the city for fire purposes, durin,g a fire, except under tl�e`direction of the o#Ticer in charge of, or in command of the Departcnent.' � Fifth: To ride or drive any dray, truck or other vehicle across any fire hose; while in use, unless such hose is pro- tected so as to prevent auy"possible injury to it.' Any person violating any'of the provisions of this Section, shall,'upon conviction, be' pnnished' hy a fine of not more #ha,n two hundred 'dollars, br by 'imprisonment not more than ten days, and may be imprisoned untii any fine imposed be paid, not exceeding ten da.ys. S�c. 1�:' The Common Conucil shall provide all certifi- cates of active and'exempt`firemen, and certificates to be of such device as ma.y be adopted by them. All certificates shall be signed by the Chief'Engineer, countersigned by the City Clerk'and attested kiy the seal of the Fire Department. SEc. 14. The Chief Engineer shall be ex-ofiicio Fire Wardan, �nd it shall be his�iuty to examine all premises in the city, and report any'and a11 violations of the provisions of this Article to the City Attorney, and perform such other duties �s may'Ne'required herein.�` The Fire Warden shall lie entitled ta and'receive a Salary of one hundred dollars per annum, payable�in the same manner as other salaries'of city officers. :- SEc: 15. No person shall herea�fter construct or maintain within the city limits, any flue or 'chimuey for conducting• smoke of any combustible material, and 'no person`shall place or mainta,in any'stove, furnace; range,'�grate or other utenail of any kind in which=fire is kept, in 'any.building within the city limits; within less than twelve inches of an�• wall or partition composed wholIy or'in pa�rt of wood,'or of any material equally or more`combdstible thari wood; no: within less than six inches`�f"any floor of' wood'.�or othei materiai equally'or more combustible than wood; nor'unles� sucli stove, furnace, range, '.grate or other 'uterisil' afore� described, shall' stand upon brick; stone,zinc, tiii'or somi� substance'nat combustible,or fuzible at a lower teinperaturc� than' zinc, nor'unless such`stone; brick, zinc, or'other sub- �tance above described; sfia11'extend under the whole of, a.nci � '-� . �� �� CODIFIED �ORDINANCES. � , . . . . � � . . � 1 at-Ieast eight inches beyond the extreme limits of such stove; furnace,range, grate, or other utensil, in wl�ich fire is kept. SEc. 16. �No person sh�,ll maint�in in any building ; �vithin the city limits any pipe for conducting smoke,except 7 :LS,foilows: _ : F6rst: It�hall be placed at least one fcat from an3. wood ; c>r other combustible material(except where it passes through � a:wal�, ceiting,.partition or.roof). , � �5'eco�ad.•_Where the. pipe.passes through a wall,.ceiling, � roof or p;�rtition, it.must be at Ieast three inc�hes from any � combustible materia,l,;a,nd must be siirrouiided and guarded �vith a tin, zinc,;iron or earthen ware guard where it.passes through such wall, ceiling,,partition or roof. Tleis�cl: It must be arranged. to discharge,into a. brick or stone chimney or flue, or its place of discharge shall be at le�st thirty.six:inches ab�ve the building, and at least the same dista�nce from ,any combustible,m�terial or substance. � SEc: 17. ;;No ,person,shall place hot ashes in atiy com- bustible receptacle, nor put any,recept�icie for hot ashes 3 within;ten;feet of any,building or other, combustible sub- sta�ee.; , SF�..;18. No person sha11�.open; iweigh,_or'measure out, - cleliverorexpose to,the.air in��,ny,building,any gunpowder, k�lasting.,;powder,,,�atnphene,,kero�enc;,;,alcohol; turpentine, gasoline: or any, other; article of an;,,�xplosive,,;or highly inflammable nature,.within t�velve feet;of,a fire,or:fla,me of any:kind. _ SEc. 19. Tha,t portion of the city bounded on the north by Palm street, on the. east by Sa.nta Rosa,,street, on, the suuth by.Marsh and,on.the west by. Nipomo street,.shall;be known,as the.<<Fire Limit�s.";,, ,, " - ,SEc.,20.. Nq person shall,,within.the fire- limits, have or keep.any hay;;�traw, shavings or,,other .thing.,more com- bustible: than.wood ,or:lumber, unless;the same sha,ll be inelosed;and covexed with;wood or some.other.rnaterial not more combustible.than wood; ,nor shall any,person owning orioccupying�,any lot.within such fire limits, ca.use, suffer or allow, to:accumulate.=upon-such ;lot, outside of, a building, any straw, paper;ha,y,dry,grass,inflammabie;rubbish or any matter or substance of,a more:,infla,mmable nature than wood; provided,;that nothing iri� this Sec�ion shall,be construed to prevent the accumulation of shavings for;t,wo weeks in and around-a building or,other.structure while.in;course of con- struction. .. - CODIFIED ORDINANCES. �i7 ��� �. - ���. 21. 1�To person. ahall, outside of a liuilding and � �vithin the fire lirnits;'make'or"cause to'be made au3�fire within twenty-five`feet'of any building; proi+ided� that the lZ�yor and Comnion C�uncil maypermit bonfires to be made at such places as he or they may direct; 'but"such -bcanfires �hall only be rriade`or 'inaintained in the�presence of'some persou directed`by#he Chief Engineer or acting Chief Engi- neer, to su�erintend them: � ` ' , ' , . SEc. 2?:` lt shall'be' unla,wfut to`!keep .or maint�Liil any forge within tYie fire limits, unless it be inside of some building; and have a good aiid'sufficient fl.ue to carry off'the smoke and sparkg 'from it,%which sa�ic� flue sh�lll extend at ieast three feet abode"the ro�f of the buildixig anci discharge at least that diatance'from any',combus�ibie inaterial: SEa' 23.° Whenever any�°person; owni�Ig or'occupying any premises,'negier_,ts"•tc� fix and`arrange^ in tlie m�xner required by the provisions of thi�Article, any,stove, range, furnace, grate or other utensil of a�ny kind; in which fire is kept, or`any pipe'for conddcting smoke; upon or in any premises s� owned or occupieci by` such gerson;'within twenty=four hours'after being'notified�so to 'do; by any Fire Warden, the City' Marshal may cau�e'such stove, range, furnaCe, grate or other utensil in which fire is kept, or i�ipe for conducting smoke,'to be fixed and arr�xiged as required by this 'Article; and t17e'e�pense of fixing`and arrangirig the same sliall be � cliarge'against=Such owner or occup�nt'' so notified a.nd neglecting as aforesaid; and shall be recovered by the person fixing�'a.nd arranging the s�me� f'rom such delinquent, or in case the city�shall'pay such expense;'it may be recovered``from the delinquent by the city in'-�n action'brought for'such"purpose.°' '� ` ` • � �� SEc: �4. �Every` �person occupying ariy building within the city limits, at`any time �vhen�'present in such building between the hours of eight o'clock in t�he forenoon and'five o'clock in'the afteinoon'af any secular day, mast a11ow an�- Fire Warden to''enter'`such `building'and �inspect all 'pipe� and flues;for conducting"smoke �nd all depositories for` liot ashes, and`all pla.ces��where` fire'�`is"kept in'such building•; but such Fire'Warden must not�'eause such bccupant�an� more incovenier�ce'or` annoya.rice"`than is�actua.11y necessar�- to make"such inepecfion'!" `,�;; ��' t�'` �. ` �'; s.��'�` •��� SEc. 25.� 'Every perSon�`occupying any building within the city, �vhenever'he"is�preserit at such; 'builaing at' an�� time i�etweeri th�hours'of eight'o'clock'in the forenoon ancl five dclock ii1 #he afte'ri7oon of'any secular day, must allo�� ��: _ ,� � 5 � t � i � 6$ CODIFIED ORDINAIVCE$, � � and pernzit fhe iVlarshal or such person as he shall clirect, to enter such building and do any work or make any repairs which thc said Ma,shal is authorized to da or cause -to be '` done, by virtue of the •provisions of Section 23 of this ' tlrticle. But such ,Marshal or person authorized by him to ' do such �vork or make such repairs, must not ca.use such °' occupant any more inconvenience or annoyauce than is ' actually necessary to perform such work or r�iake such repairs. � SEc. 26. Every persvn who viola.tes any of the provis- � ions of Sections fifteen, sixteen, seventeen, eighteen, twen_ � ty, twenty-one, twenty-two, twenty-three, twenty_four and � twenty_five of this Article, shall be punished by a fine of not more than two hundreei dollars, or by imprisonment not more tha,n ten days, or by k�oth such fine and imprisonment, and may be imprisoned untiI any fine imposed be paid not exceeding ten days. SEc. 27. It shall be lawful during a fire, �vhen there are insufficient- firemen present tu work effectually any fire �pparatus, or when the Chief Engineer, Assista,nt Engineer, or any Foreman, may deem it proper to have the men working to subclue a�fire relieved, on account of exhaustion or other cause, for such Chief.or Assistant Engineer to suin- mon from the adult,ma.le by_standers; citizens or residents of the city, a.sufficient number of �,ble-bodied men to work such fire apparatus or relieve or assist the men on duty during such fire; and every able-bodied :male adult person who, when so sammoned, refuses or omits to render aid ancl assistance as required, shall be fined ten dollars, and may be imprisoned until such fine be paid,not e�ceeeding ten days. 'S�c; 28. Each Fire Company may make rules and regu- lations for its own government not inconsistent with the Ordinances of the c�ity. . SEc. 29. The,Common Council shall provide a suitable building for..the'storage ;of the articles of explosive and highly inflammable: qualities, hereinafter desi�nated, and such tiuilding,shall be known as the E�City Magazine." SEa; 30: Every person, firm or corporation, ha.ving or receiving within the city limits, any gunpowder, blasting or other explosive powder or liquid, or any alcohol,turpentine, gasoline, kerosene, coal: oil, benzine, paphtha or other article equally explosive, or as:eaeily ignitable and highly inflammabie as either of'the above na.med articles,in grea,ter quantity than is, by the provisions of this Article, allowed to be kept in store within the city limits outside of the City � � CODIFIED ORDINANCES. .S9 liaga.zine, must itnmediately upon receipt of the same store it in the City iViagazine, or must immedie�tely rernove the same outside the city limits. SEc. �1. '1'he City M�gazine shall be divided into apart- ments of such dirnensions as ��vilt furtiish to each depositor.of po�vder an apartment for its storage, and to each depositor of liquids an a,p�rtmei�t to etore the saine, a,nd each apart irient shall be numbered. SEc. 32. Upon applicatic�n of any party who is required to sfAre articles in the City Magazine, the City Marshal muet assign to him such apartmen�s as he may need, for storing such articies, and furnish such party with a key,to the outer door of the City Magazine,and a key,if any there be, to each apartxnent.assigned to him,,upon such applicant pa.ying the rent of such apartment or apartmeiits as,herein- after specified. SEc. 33. The Gommon Gouncil must establish a rate of rent f'or each apartment in the City iVlagaziiie, and each a,pplicant for storage tlierein must pay to the City Marshal for the use of the city, the rent�o e�tablished 1'or the apart- ment appiied for, monthly in advance. Upon the paymenL of such rent, the iVIarSh�l must give a receipt therefqr, specifying tfie name of the,applicant, the date upon which the rent commenced, the number of the �partinent rented, and the arnount of rent received; and keep a stub of such receipt with a synopsis of its.contents. „ , ; SEa 34. No person shall:keep in any house or. place other:than the City 1l�Lagazine, or his, pla�e of business for sale, within,the city limits for more.tha.n. twelve hours at any one time, more.than five pounds of explosive powder� nor more than five gallons:each of kerosene,;turpentine� gasoline, benzine, naphtha, nor other article egually explo_ sive or as easil,y ignitable and highly inflammable aa either of the above named articles. S�:c. 35, No person shall keep for sale or in possession in any store or place within,the city limits, other than within the City Magazine, for inore'than twelve consecutive hours at any one time, more than twenty-five pounds of explosive powder, nor'any explosive•powder at his place of business for 5ale, unless the.same be inclosed in a strong metal vessel well secured and fastened, and'the word «Powder" be dis- tiuctly marked,or painted in,a conspicuous place upon;such v,essel; such vessel.must always be kept as near.the main entrance as practicable, so that it may be readily removed in case of fire. i �f � I � �T� COD`TF'2ETS 6RT�`INARG`E3. SEc: 36. l�o person .;hall keep for sale�at airy p����yf business, nor ixt s�tore in any pYa,:e other than�in the Cit�- Magazime, within t.i�e city' Iirr�its, fnr more �ha,n t��relve consecutive;hours, more than ten galIons of coal oi'�and kerosene, nvr more tlxarz five gaflans each of aIcol�ol, tur- pentine, g�,'soline, beiizi�e,'nap]itYsa or aCher �ic�uid equaIl�- e�plosive or as e�asily ig��ztable and highiy infiamrnabie as either of the above i�amec� articIes;. nar shaix �ny mf the a�rticIes menti�ned in this Section,or'articlesase•a�3by iu�am- mab�e,,be sotd at�ny piace of busines�s bet�reen the��nrs of five o'elock in tbe af'ternoorr and se�:en d�iock' ira tfi�e fore- rroon of each d�,y. � SEa: '37, AII deaiers in expIosive powder �halI have a E srgn with the �,ords «I7eaIers in Po�rder" conspicuousl�- q posted in front of the 'store in which expIasive powder is � kept for saIe; any person viQIating tfiis Section sh�ll be � fined ten dollars. SEc. 38: Every g�rso�n'R,ha vioIates any�f the pro�ision4 of Sections 30, 34, �5 and 36 of this Articie shaii be pun- ished by a fine of'ncrt more'than two hundreci dollarsr and b�- imprisoament for not more than ten days, or by both sucli firie and imprisonment; and «r�en' any firre is imposed, b�- iniprrsonment untif such fine be paid, not'e�ceeding teix days. This Section shaIT take 'e$ec� five da.ys after the City'll�tagazine ehaTI firsE'be ready'ta receive a�Eicles ir� store " . SEa 39. Every ge��n `��a S��jj btciId or makey or cause to be h�iit or made any fire within or upon the Iot in which the City Magazine is located, or�rho shalI �,ke or have an3� lighted cigar;pipe,'cigarito or. other Iighted article 'or matches in the'City Magazine, or witliin twenty feet of the ` same, shaII'be punished 'by a fine of, not more tha� five hundrec� doIiars; ;ar by, irnpFiSQnrnent not, exceediri�ten daYs, or both. ` ,,�,`,`. ,���� �ARTICLE XX VI.;�� , CREA�II�G ,Tg�, OFFICE OF POUND K�EPER� AND PRE$CR�B- +{` . . ,r ING I�I� PO�VEHS dND DTJTIES.. SECTioiv 1, �The'ofi'ice`af Pound-keeperis hereby created, and`the City Marshal.sha�l be ex`oflicio pound-keeper; and �n addition to his'officaal bond as City Marqha2,�sha11'give� �ODIFIED O£DINA1fJES, 71 t�ond �s Pound-keeper, in the sum of five hundred dollars, �o ae approved in the same inanner as required for other official bonds. � SEc. 2. The Pound-keeper shall take up aticl itnpouild every horse,.gelding, mare, inule, , ass, co�v, ,k�ull, steer, lieifer,'ox, hog; �heep�r goat, that rrnay .be found at large in c�r upon a.ny street, alley, public squa,re, or other public piace «ithin the ci�y, c�r that inay be found.a,t large upoil; ainy itninclo5ed premises witl�in the city� without being securely 1'astened, so that it cannot roa�m at will froxn such uninclosed premises in, to, or upon the public streets: � S�v. 8. . The Pound-keeper shall prepare a.pia,ce within #he city limits, to,be a�proved by tlie Chmmon Council, in `�ich he shail impound all animala taken up by him, to be cle�ignated as the ��City Pound." SEc. 4. He must keep a register in which he aliall enter, in xiumerical order, a descriptioil of eaeh animal,impounded, S�ith its brands and iia�tur�i and artificial marks,,aud the tiine when, and place where,taken up. When any animal is redeemeci, he must enter.in, the register under the same number as its cieacriptfon, tl�e date, of.its re�eniption, by ivhom redeemed, and the total costs aiid expenses, specify_ ing each item ch�rged against it;and paid.- ' SEc. 5:` Within twent�-four hours after iir�pouriding any ariiinal, the Pound-keeper must make out four:notices, each of which shall contaiii a description c�f the impounded ani- mai, and a statenieiit`that such ariimal has been impounded, and that, if it is not sooner redeemed,,it will be sold at a time and place to be therein riained, to,pay.the fees, charges and expenses of the Found-keeper therein, as,�rovided,by this Article. Three of�such noiices sha.11 be posted in con. spiciious places in the city, as follows: One iii front of,the City Police Court Room, one'at the Po's�office,�and one at the City Pound. ; The rema�ining.notice shall;be filed in the office of the • Pound-keeper, with his certificate of the posting of the other 'notices indorsed thereon: The tir�ie bf sale mentioned in the notire must not be less than five days, nor more than ten days from the time of posting the same. : When, in the opinion �of.,the;. Pqund-keeper, the value of the animal impounded exceeds thirty doltars, a copy of the notice may also be published by one,insertion in.a newspaper published in, the city, at.least.three days prior to the sale. One or more animals may be included i�n the same notice of sale. : .gl,!��,4 � . . � . . `I ,I � � ���I 72 � COIIIF'IF.D O$T72N�tNCEB. i �; � S�c' s• �'he Pound-keeper shaIl be entitIed to charge and p i receive�he foIlowingfees anc� expenses, to �vit: � ' Far ta.king up each horser mare, muIe, geTding, cott, � � ox, bulI, steer, cow, heifer,ass, caif, hog, sheep or goa,t,one ; ,; dollar. � � For feecting arrd keeping each horse, mare, mu�e, geIding, � � ass; colt, ox, buIl, eteer, cow, heifer or caIf, fifty cents f��r each day it is in his custody. � For feeding and ke�epqng each hog, sheep or g-o��,t,twenty_ � ( five cents per day for ea.ch animal while in his custody. � � For making and entering in the register a,description af. � each animal, teventy-five cents, For making a.nd posting each notice of sate, fifty cents. For entering`each redemptian, twenty-five cents. For entering each sale, twenty-five cents. ;� For each certificate�f sale,fifty centa. For advertising, the cost of publication of same. Far selling each animaI, fifty cents. ' The fees and charges in this Section provided for,shalI be collected and retained by the Pounc3.keeper for his own use and payment of expenses incurred, and he shaIi not under any circumstances have a claim for compensation out of the City Treasury. SEc. 7. Any impounded animal may be°redeemed upon the paymenf, to the Pound-keeper, of such portion of the fees and charges prescribed by Section 6 of this Article,as shall liave accrued up to the time of making tender of sach pa�ment SEc. 8. Eyery animaI, not before then redeemed, sLali be sold by the Pound-keeper, at public auction, at the time and place mentioned'in the notice of saie, or at such other time'to which the saIe may be postponed. Upon ma,king a,ny saIe the Pound-keeper shaII give the purchaser a certifi_ cate of sale, containing a description of the property sold . a.nd,the amount paid,and that the same is`subject' to re- demption withiri ninety days; and shall ma.ke an entry in tiie register of,'the,amount paid for`the property sold, the naine of the purchauer;�with a statement of the costs, fees arid eApenses charged ag�a.ipst the animal sold; and riumber such,entry with the same number as that of the originaI eritry of the`animal. Any surplus remaining after deductin� the amount allowed to the Pound-keeper by Section'6 of this Article, shall be paid 'to the City Treasurer,and shaIl be credited by him to the account of the register number of the an�mal from the saIe of whicn`the amount arose. `A sale may CODIFIED ORDINA\CES, j,:j be pos#poned nat exceeding five cla.�s, b� gi�-iug notice of the postponement at the time advertised for s�le. SEc. 9. If at aTiy� time �vithin twelee months after an�� sale under this Article,a�n�person shall prove thnt he or she� �ra�s the owner�uf the a�nimal sold, tYie Common Cowicil el�zill allow a claim-in fa�vor of suCh per5on, payable out of tt�e Cit� Tre�sury, for the ��mount paid into the Treasury on account of such animaL . SFc. 10. �very pe�.son who interferes with, opposes or resists the Pounci-keeper; or any of his assi�tavts, whil�;t enga.ged in performing any duty imposed by this Artiele, or who rescues any a�nimal froi�n tl�e Pound-kee�er while h� is taking it to the Pound, or takes any animal from thc: Pound without first �paving �be la.wful� charges and fees against the same, shall, upon convic#ion,-be flneci not le�s than twenty nor more than one hundred dollars,and may I,e imprisoned until sucl� fine be paid, not exceediva ten cia��s. � ARTICLE X�VII. PELATII�G TO LICE\SING DOGS. SECTio� L It shall be unlawful for the owner of an�- ciog or slut, to alio��such dog.or 51ut to rwi at large within tne city limits, unless a license ta.x, as in this Articie re- quired, has been paid thereon, and the licen5e� tag lierein provided for has been fastened to such dog or siut. SEc. 2. There is hereby imposed a�license tas upon 211 dogs and sluts rurming at large,:or that may hereafter rui� at large within the city limits, as follov��s: .F'irst: Upon earh dog, two clollars a�nd fift3� cents pei• annum. Seconcl: L'pon each slut, five doilars per annum. When a license tax is paid upon a dog the Marshai must furnish to the party pa5-ing the same a metalic tag stnmpecl T. P., and when a license ta.x has been paid for a slut, thc� Marshal shall furnish a tag stamped S. T. P., �vhich ta�� shall each be piaced upon the dog or slut for �vhich it wa�' issued, and except as hereiizafter provided, shall be tl�c� license for the dog or slut for which it was sold to run nt large withiil the city limits. In addition to the letters here- inbefore specified, the Marshal shall cause the figures repre- senting the year in which it was issued to be stamped upon each license tag sola. • �:;; �i �! . � ��.� - CODIFIED ORDI.�TANCES. � . � �j,�E . � � SN e�. 3 � Ia�vez,Y person o���niug or keeping•�_�ny�dog or � � �•lut, wlio �shall permit the aaine to run �t larbe within the f� � ity limits, �vithout first having pa�id the license tax thereon ,� required by this A_t•ticle, �ha11 be fined not less than five, � � .ior more th�n twonty dollar�. � SEc, 4. E��ery person owning or keeping• any Slut, who � � r�ermita or allow� the 5ame to run �t. large tvithiu the city E � �iimits, while 5uch elut is in heat, shall be fined t�venty-five ! � � �toliai-s, �,ncl m��y pe iinprisonecl uuti] sach fine be paid, not �+xceeding•ten dz�ys, not�vitl�standing,tha.t a license tax rnay 1ia�'e been p;�id upon sucli 51ut. ' � SFc.� �. Tlie Maa•al�ial must procure,��it the expense of the �'lty>and furnish to every per;on who shall pay for the s�me, the metallic t�lg required bv this Artiele. � � SEc. G. The City i�iarshal a�nd each Policeman must kili � anci can�e to be re�noved he�oncl the city lirnite all dogs and � :,lute that are fouud runniug at large within the city limits, 'tipnn which the licenae tax for the year in which they are � r'ound ha-s uot been p�id; pr•oz+i-cled, tr�a.t dogs or sluts must ��ot he killed b�� shooting, except betti�een the hours of four � ' <tnci �evepi i�1 the forei�o«n. � � � SFe• 7. The DZar,sh�l and each Policeman shall each re- ceive the tiutn of one dollar for every dog and every slut � killecl by}�q1i� �,�� �emoved from the city limits, to be paid � out of the General Fund of the�cit,y; p��ovidecl, th�,t no war- rant 5hall 1�e cira�vn for suc�h service, unless the bill be item- izea, both ��s to ciate aud numbers,and be sworn to as correct <ynci true; nnci �rovulecl, it must be filed with the Cornmon t,ouncil �vithin one Ynqnth after the service is performed. SEc. 8. Every per�on who sh�ll make use of any tag�� marked as herein required for a,license tag, not legally pro_ curecl from the City DZarshal, or who shall manufacture or sell any� tag or tags stamped as required by this Article, �vithout the le�al orcler of the City Marshal or Common Council, shall be puni�hed by a fiue of not more th�n five }iundred dollar�, and ma,y be ilnprisoned until such fine be paid, not exceeding ten days, SEc, 9. The license issued under tk�is Article shall be � �yv�lid up to and including the last day of December, in the ear�in which it is issued, and �no. longer; provided, that �uch license shall not he a permit for atiy vicious animal, nor for an3�animal having a contagious or infectious dis- ease to rdu at large or iemain within the'city, � � CODIFIED OfiDINe\NC�S, �,� , a�.TzcLF �Z`-zzi. � �� x�:La�rrna To oKnziv 1�c��:s. SEaTro� 1. ����All Ordin�uces inust� be publishec� in ,u�>>i� ilewspaper priuted and publisheci in tbe Uit� of S�in Lni:= � Obispo, or bs printing in painphlet form, or botl�i; �i•hc�i� printed in paxnphlet form the same shall be distribut�d �;:• follows: F�i�rst: Three �copies to the Git�� Clerl�, to be filecl in tii.; offic e. Seconcl.• One ropy to each city oi�icer. Third: One copy to the Judge of each Court�of ILecord in the County of San Luis Obispa Fourtl�: Oi�e copy to each tot�-nship of�'icer re�idin� ���ithii� said city. ' �'iftJ�: One copy to each pra.cticiiig attornez �rt lri�v r��si��- ing in the cit�. � � � � � �S`ixth: One copy to each hotel withiti the cit3�. Seventh.: One copy each, to the Count,�- Clerlr nnd 5lieri::' af San Luis Obispo Cotmty. Eigl�th: One copy to each public library SEC. 2. No action or proceFding commei�ced before tl�i.; �rdinance takes effect, a,nd no right accrued or liabilitp ii- curred, is aff'ected by its provisions or operation5. � SEc. 3. Words and phrases� used in this Ordinance ehr�?1 have the effect ancl signification, and be construed the s<ini�• a� like tivords and phrases have ef�'ect and signific<�tion ar:�: are construed in the several Codes of tLe State of C�iliforni �. SEc. 4. Z�henever the word «city" is used in this Or�l'.-- nance, it shall be held to mean the City of San Luis Obisi���, and the word «officers'' to me�n the of�icers of s�id cit,v. SEc. 5. The ordaining clause of all Ordinances sh<ill bc�: i�The 112�ayor and Common Council of the City of San Liii, jObispo do ordain a,s follows." Ordina.nces may be divid���l into articles,provided, that each article �hall express tL�� subject matter thereof in its title. ARTICLE X�iIX. CONCERNING ORDNANCE AND FIRF.WORKS. SECTION 1. No ordnance, gun, rifle, pistol, or other fir��- arms, nor a.ny squib, rocket, roman candle, chaser.,firecrarl<- �rs or other fire-works of any kind or natuxe �vh�te�-c•=', i � ( . � �� CODIFIED ORDIR�NCES. ,Shall be �firecl off or di,charged withiii the city limits; nor �hall �n,y bon$re bQ iriade, or any ha3�, straw, shavings or other combu�tible ►natter, be burned within the city limit� :it night,• provicled,�that nothing in thi� Section sha�ll be so construecl as to prohibit the erection and establishment of pistol galleries in �e.cordance with �ny Ordinavice tha,t is or �iia.y be passed by the Common Council; �Lnd provi�lP��, further, that the iVlayor m�y grdnt written permits to fire ordnance or ar�y of the articies mentioiied in this Section, � aad ma�ke bonfires, ��,t sucb tii�nes anci places as� he dee►n� proper. SFa ?. Every person violating auy of the provisions of tnie Article, shall, upon �onviction thereof, be puniahed by <l firie of not less than five dollara, nor more than fiftv dol- i�irs, or by imprisoninent for not less than two days nor rr�ore than ten da�y�, or by both such�fine and imprieonment. � SFc. 3. This Article sh�ill be inoperative on the fourth � ���y of July in each year. � � ARTICLE YXY. CONCERNI\G THE DU1�I�S OP TH�; CITY �S�E�SpH, .SECTrc�v-1. The :4ssessor n�ust, between the first 1'Ion- day in March and the first �Tonday in July of each ye2r, �scertain the names of'�ll taxable inhabitants, and all prop- erty in the city subject to taxation, and must assess such propert� to the persons who uwn, claim, h�ve the possession or control thereof. SEc. l. On or before the first MondaS in July in each year, the Assessor must m��ke out�, correct list of all the taxable property within the city limits, with the valuatioi� thereof, in a book to be procured for such purpose, �n�l eei•tify to such,list and deliver it to the Common Council. SFa 3. The mode and time of assessing and collecting city taxes shall be the eame as is prescribed by the Political Code of the State of California for assessing�nd collect.ivg State and County taxe5; and the provisions of Title IX, of P�rt III, of said Code, is hereby adopted as, aild is, the la�v f'or asseseing and collecting city taxes, both �,s to mode and time; provided, that for sueh purpose, whenever in sa.id Title is used: First: The words «County" or <<St�te," each inu5t be cieemed and held to mean <<City of Sa.n Luis Obispo." Second; 'rhe words �Board �f Supervisors," they shall be �ODYFIED ORllINAVCES.. � �7 clee�ned and helcl to mean "Cominon Council of tY�e Gity o� �an Luis Obispo." 7'hi,rd: The words <<People of the �tate," they rnust�be deemed ancl }ield to�ean <<City c�f San Luis Obispo." Fou�•tja: The ivorcl <<Treasurer," it shall be cieemed anti held to tnean ��City Treasurer." �'zftla: The word ��Assessor," it�sha.11 be cleemed at�cl held to mea.n <<City Assessor." Sixtlz: The words «County Surveyor," they must k�e rleemed and held to mean <<City Surveyor." Seveizth: The words ��T:�x Colleetor,"they must be cleemecl <lnd heid to mean <<City Tax Collector." Ei�latfi: The words ��Clerk of the Board of Supervisors," they �nust be cleemed and held to tnean <<City Clerk." i�'i�2th: The woras �tCounty Auditor," they must be cleemed and held to mean <<City Clerk." � Tenth: The words <<School Fund," they must be deemed <ind held to me�n ��City Treasury." L+'Zeventh: The words <<District Attorney," they must be deemed and held to mean ��City Attorney." And�roviclecl, further, that Article II of Chapter IV,and Chapters IX and X of Title IX of Part III, and Sections %3Fi37, 3713, 3763, 3893, 3894 and 3&95 of said Political Gode, and the provisions of said Code relating to the State Board of Equalization and State Controller, shall not be held applicable to the assessments, collections or disburse- ments of city taxes. SEc. 4. The Common Council may, by an order entereci on their minutes, extend the time for doing any a,ct required to be done in the assessing or collecting of city taxes. SEc. 5. lt shall not be necessary to make out a Dupli- cate Assessment Roll, but the original Assessment Roll may be usecl for all purposes for which a Duplicate Assessinent Roll is required. REPEALINC� AR,TICLE. All Ordinances and parts of Ordinances heretofore passed, adopted or ordained by the Trustees of the Town of San Luis Obispo, or the Comtnon Council of the City of San Luis Obispo, are hereby repealed, except, so far as any rights or liabilities thereof or thereundvr are expressly saved and continued in this Ordinance; and provided, further, that . nothing herein shall affcct the present term of a•ny elective ofT'icer. � t ! 78 GODTFIED ORDINAfiC�3. f EIVFORCING AR'i`ICLL, 'f 7''his Ordinaiic� s11�11 take �ff�et frorxi ��nd a}'ter its�rtss�ag��: f and approva�. i � , � . F Intrnduced�pri1 5th, 1878, and referred to the joi��t Com-� ' uiittee of Star�dina I the Common Council �pr�gtheS1878 orted back, and passed JTJLIUS KREBS. �pproved Apri� Sth, 187£�, CITI' CLERx. ]P. A�. I'ORPI�STER, Mni oR, I, Julius Krebs, City Clerk in and for the City of Sai� Luis Obispo, do,hereby certify that the foregoing Ordinance was passed by the Common Councii of the City of San Luis Obispo, this 8th day of April, �. D., 1878, by the foilotiving vote: Aye.—$arron, Bayer,,Finney, DZduk. Abse�at.—.Huntington. JULIUS KREBS, C��i C�,Fxr�, . �.���1+�.�..� � �aa�na�. Police Judge 1V`. �.���Witt �died �pril 21st, 1878, xntl R, �I. Preston was app�inted b� the Mayor, to fill the va�ancy. April 23di 1878, H. C. �V�rci �vas appoitited City St�r- veyor, b�tlie 1lZayor. April �30th, -1878, L. Maxwell was appointed by the �Iayor, Roaci O��erseer of the city Road District. �ipril 30th, 1878, the foliowing �ppointments were made �ud confirmed: �CxzEF ENGrxEER.:..................................Henry Gimbal ist Ass'm. ENGZNE�:R ......:.................... Jacob J. Staiger ... 2d Ass'T.E�vGzrrE�R..............................Fra�nk 1VIcHenr�� At a�special meetirig of the Common Council,held Frida3�, i�Tay 3d, 1878, ��. E. Stewarb was appointed bY the Mayor, as member of the Coznmon Council, to filt the vacancy occa- sioned by the absence of G. Huntington from the city fo�' �nore than thirty dnys, '�vithout leave. The nomination«.a� confirmed by the Council. �, , �, ;, li � � 82� � � � i( � � ADDEYDA. ii (�; ;� � '� � j � ; AN ACT Ir� relation to tfze Roccds and St�°eets watlain tlie Gat,�of San L�cis Obaspa Tx� PEOPL� oF TxE STATE �F CaLIFOKxta, represented in Senate anci Asse�ibly, do enact as follows; � SE�Tio� 1. The City of Sa.n Luis Obispo shall constitute � Road District in the County of San Luis Obispo, and with the exception of tLe per centum of the road taxes collecteci therein, which shall be apportioned to the general county roaci purposes under the existing iaw, al1 road taxes co1- lected in said District inust, by order of tne Board of Supervieors of said County, be paid irito the Treasury of aaid city as fast as the s�,me are collected, and apportioned, � and the money �so paid into� the said Treasury must be �pplied by the Common Council of said city in constructing, repairing,, maintaining, gravelling, paving, or planking streets, bridges and alleys in said city, SEc. 2` The Road Overseer of said District ehall be ��ppointed Y�y the Com�non Council in like ma.nner as is provided for the appointment of city officers, and. ehal� remain iu �ffice during the pleasure of the a,ppointing• power. � 5�:�• 3• The Common Council of said citp shall have power to`order �nd direct the Road Overseer thereof, in regard to the time; place and xnanner of performing work iu the streets and alleys of the city. , SEc. 4: - Saici Road Overseer �hall have like po�vers and duties as'are provided by law for the Road Overseers of the certa.in Road Districts. of said county; providecl, however, _ tl�at he shall be subject to the direction of the Common Council in performing work and repairs upon the roads and streets; that he sha.11 make such semi-annual reports to the Common Council of said city, as certain Road Overseers '� shall, by law, be directed to make to the Board of Super- visors of saici count3�; that he shall pay over to his successor or into the City Treasury, all moneys retnaining on hand at the expiration of his term of of�'ice; and that he sha.11 receive ■ �� �.�..��..�..... � �� ADDEZ�DA. • . $j for his services as Roac� Overseer, sucY� eompens��tion as the Common Couvcil shall, b�� Ordinance provide. SEc. 5. The Gits of San Luis Obispo shall ue subject tu all the liabilities whirh might or couid attach to the Count�� of can Luis Obispo, from the neglect or malfeasance of sRici R.oad Overseer, in case he were appointed by the Super_ • visors of said count5�. SEc. 6. The Common Council of sa.id city shall have full power to direct proceedings to be taken b` the City Attor- ney of said city to conclemn land therein for ro�id �nd street purposes, in accordance with the provisions of Title V1I, Pa.rt III, of the Code of Civil Procedure, whenever such proceedings shall, to the satisfaction of the Council, a:ppear � necessary and proper. SEc. 7. All Acts br parts of Acts, in au far as the, saYne� ma.y eonflict with this.Act, are hereby repealed. SEc. S. This' Act shall take effect from and after it� p�ssage. Jas. E. i�Iu�,FfrY, Speaker,�ro tem, of the Assembl�-. JnnzEs A. JoxNsor, Preeident of the Senate. Approved, March 39th, 1878. �VILLIAM IRWIN, : GOVERNOFt. , , STATE OF CALIFORNIA, � DEPARTbiENT OF STATE. I, Txo�ras BEcx, Secretar�• of State of the State c�f California, do hereby certify tha.t I h�•ve compared the a.nnexed copi- of Assembly Bill No. 7f3, 2�d Session, with the originai now on file in my office, a.nd tha.t the same is a correct transcript therefrom, and of th�+ whole thereof. Witness my hand, and the Great Senl of State, at my office in Sacramento, this `lOth da.y of April, A. , D., 187$. THOMAS BECK, � Secretary of State. B3� Wnc A. BEcx, Deput��. ,,.f . . . . . . . . . �I . ... . � , . - i � ., .� ��� . � . � . . ADDENDA. . i � � AN ACT Iz ��elata:on to tlze I�o�s ancl Streets wz�laan t�ie Ga:Gy �f � � � � � � � Sa�e Lecis Obispo. � Tx�, PEOPL� oF T�iE STATE oF CaLrFokNi�, representeci in Seuate and Assembly, do enact as follo�vs; �ECTio� 1. The City of San Luis Obispo shall coustitute a. Road District in the County of San Luis Obispo, and with the exception of tLe per centum of the road t�xes collected therein, which shall be apportioned to the general county road purposes under the exicting law, all road taxes col- lected in said District must, by order of tne Board of Supervisore of said County, be p�id ii7to the Treasury of said city as fast as the s�sne are collected, and apportioned, a.nd the tnone5� so p�id into the said Treasury must be appiied by the Common Council of sa.id city in constructing�, repairing, maintaining� gravelling, paving, or planking streets, bridges and alleys in said city. SEe. 2' The Road Overseer of said District shall ue �ppointed h�� the Common Council in like manner as i� provided for the appointment of city officers, and- shali remaih iu o1�i�e during the pleasiire of the appointing• power. ���• 3. .The Common Council of said city shall have power to`order �,nd direct the Road Overseer thereof, in rega�rd to the'time, place and manner of performing«�ork in the stree�s and alleys of the city. . SEc. 4. Said.Road Overseer �h�ll have like po�vers and duties as are provided by law for the Road Overseers of the certa.in Road Districts- of said county; providecl, however, _ that he shall be subject to the direction of the Common Council in performing work and repa.irs upon the roads and 5treets; that he shall make such semi-annual reports to the Common Council of said city, as certain Road Overseers ' shall, by law, be directed to make to the Board of Super- visors of saict county; that he shall pay over to his successor or into the City Treasury, all moneys rernaining on hand at the expiration of his term of ofI'ice; and that he sha.11 receive i���n�n�e _ - . . .:ADDENDA. ' . $j � . for his eervices as Ro�d Overseer, such eompens��tion as the Common Council shall, by Ordinance provide. BEc. 5. The City of San Luis Obispo shall ue 5ubject tu all the liabilities which might or could at-tach to the Count�� of San Luis Obispo, from the neglect or malfeasa.itce of s�id � Road �Overseer, in case he��were appointed by the Super_ • visors of said county. SEc. 6. The Common Council of sa.id city shall have full pow.er to direct proceedings to be taken b5 the City Attor- ney of said city to condemn land therein for road nnd street purposes, in accordance with the provisions of Title VlI, . Part III, of the Code of Civil Procedure, whenever such proceedings shall, to the s�tisfaction of the Council, ��ppear � uecessary and proper. SEc. 7. All Acts or part�of Acts, in �u far as the saane ina.y conflict with this.Act, are hereby repealed. SEC. 8. This Act shall take effect from and after it� pass�ge. Jas. E. i1Zu�iPxY, Spe�ker,�ro te�n, of the Assembl��. J�MEs A. JoxNsor, President of the Senate � Appro�ed, March `�9th, 1878. «'ILLIAM IRWIN, GOVERNOR. � , STATE OF CALIFORNIA, � ' DEPARTMENT OF STATE. I, Txo�tae BFcx, Secret�r�- of State of the State c�f California, do hereby certify th�t I ha.ve compared the annexed cop�� of Assembly Bill No. 7G3, 22d Session, with the originai now on file in my office, a.nd that the same is a correct transcript therefrom_ and of th�+ `vhole thereof. Witness my hand, and the Great Seal of State, at my office in Sacra.mento, this 20th day of April, A. , D., 187$. THOMA�BECK, � Secretary of State. . B�-,Z'�'�r. A. BECx, Deput��. � �4 •c��..�.. � �� AN ACT k ' . � ���7b�'ccmend c��t �Icl nr�titlrrl •'.ir� ,tt�t �. .,�;�,�tw..-.�� � �. City of bitrc .l.R�i� llfri,•�.,,` .•�,�,�F„<,� #fr... �« � t+verttieNE, ri�/litrr�� C►w,..t...,�t e�,,,�' �: w-Crfilet,�r v � � �� p T13E PEOPI.E UH` Tllh; tPT.►'YM: u1r' t'at��r...y�,.E .a-a�rr , „ �, in Senate ancl AYMf1IIIF1�,�,�1«►rr�+w!.w• A.�t�•��, � s�:cTiox l. Se�•tl�in'cnr.a+ ��r N�, t„a r� ��� �;.,;..�,., �. Gity of San Lui� ()1�(v�N�, up�rrt��v,vl 1t.�w.;r� e �.,.,,,..,,� �, ., een �hundred atnil �ovr�r►ty�it, E. h.-r�+�.� �.,,,,}z,r,,,# , ��read�a�follow,: �3ceticrn :t. "t'ti«� ��r�a���,�<, E .,,,�, ! � ,_ �city shall conyiat qt fl��a to«n�F�r.., ,�,�r,.� .r+�tt >ss,. �-: �. tlssessor, M�tirshatit, 14�C t'��lt�.•e��r�,�+,�t �y,�,,„ �:�.r�p.. .� ��chosen'annuttilly, :tt aeh rl�n�U��n t«r f�s. �;.,�,# ;«e «.ae� .;��. �.��.� .��Se('017C1�WOCIYIe:Jf�lL�'11r H�tl��Ftle�l'�`��( r�M+t�� p..ewv.. �l�f.l �Pa�.cQ ,� �otfice for one yeztir, uu�t untU thE�fr.,,,�.� �� �qualified. 'Phe b4tyor + ha �"°` �•`r �.s; �,� �has the caetin�� i t i'r.'+t�tb�4a��,P��w,. � ,.. � b�Vpt�e itI�•s��e+nC+f tio, '4��tsf.,« rer«j �1.,. � Councilmerr nittY rc!t:c�i�•a Air�,}• ����r���t�,�ur.sr���� zr.s >i,r�,. . �vices.� � All eleotivu cit4•�xttk�vh�ta�r�a rs•� ..t�,�,.� .a �<.� � ��the electors of t1iH i•(ty, It Fwrti,� ���,�,�„�.�, ,��,��{ � �� � � elective office �btatyor rxrr�rf��,tr ltu: «�o,�«� ,+�.�r� »., �r��f,� Y � an a�ppointee of tha ;�[ei��nr, wt�h ��« a1.�sc=«� �,�,t „ . �: the Council. . SEc.. 2. This:\c•t�t�att Gsk�� � rtCc,,. ,. . . �fr#Rtt.ic�.tk�irtnt�t, � .,.. .. � . ,�ittikw 1.: .���r!#ra.-«.. � . . �'R+�vf��a�tt�,�F`ast.� ��....w,.t.. =t�. � �..,. �• 1ti#ei.�w-. r APProced� bl:tR•li �u��h "���wkap,�P �l1�w t�.�..�,���.�p: E tV;y� ��tt,t.1`t+�t tt► �ME:�, ' � . a1i�k�MF�-.,....,;� � . � . .. �.�.w:r,,..,..�. �� STATE OF CdT.Ib'�)Eiti r,�� � � DEPART�[ENT�tF�y`r„\'C1�, � of State of the Statite��f t�liltfn�q����,���`t��,��,��"*' x t�..�,...;�. . . .t` :.r�84PC:.. tNY6 �.. ':i u . . �4 � .ADDEjTDd. . � `i ' , . .. . .. � � . ; : AN ACT � � To�a�nend a7a Act�entitled ��An �ct to incorl�orate lhe . City of Sccn Luis Obispo," app�•oved 111arc1a tzventieth, eic/hteen hundred a7id severcty-six. TxE PFOPr.E oF TxE SmATE oF Car.rFORvr.�, represented in Senate and Assembly, do enact as follows: SECTrox 1. Section:three of an Act to incorporate the City of San Luis Obispo,approved March twentieth, eight- een hundred and seventy-six, is her86y amended so aa to rea�d ae follows: �Section �3. � The Common Couucil of said city shall consist of five members, who, with the Mayor, tlssessor, Marshai, Tax Collector, and Police Judge, shall be ehosen annually, at an election to be held in said city on the ` second Wednesday of February uf each ,year, and shall holcl � office for one year, and until their successors are elected and qualified. The Mayor is the President of the Council, and has the casting vote in ca,se�>f a tie. Neither the Ma�yor nor Councilmen may receive any co�noensation for their ser- vices. All elective city officers must be chosen at large by the electors of the city. If a.ny vacancy shall occur in aai elective ofI'ice (Mayor excepted) the same shal] be filled by an appointee of the Mayor, with the advice and consent of t.he CounciL SEc.. `�. This Act shall take effect immediately, ' J�iKEs A. Joxxso�, - President of the Senate. ' C. P. BERRY} Appro�ed,'Ma.rch °�9th,'18'7g peaker of the Assembly: tiVILLIAM IR��VIN, GOVERNOR. STATE OF CALIFORNIA, � DEPART,�iENT OF STATE. of Sta,te of the St�,te af Californi•�� do he eb�E ertifycthatrI . . 1 ' � . . � . � . . ��nw��wniwiwnm� . .. � . . . � .. ADDENDA. . � SJ � . have compared the �nnexed copy of A.ssembly Bill No. 763, •?ld Session, with the original now on file in my of�'ice, and that the same is a correct tra.nscri�t therefrom and of the whole thereof. �Vitness my ha,nd, and the Great Seal of State, �tt tny oflice in Sacramento, thia �Oth day of April, A. D., 1878. TI30MA� BECK, Secretary of State. � �� � � � �� � By W�r. A. BEox, Deputy. . � � , . ; . Index. A , 3ct to provid? Flmds for the Town:..... .................................10 3ct to Incorporate the City.................................:...:..........13 ' �ssessor, huw elected....................................................14 �et to provide for issuance of Bonds,187f,...............:...... ..15 ....... �,ct to substitute City Bonds for Town Bonds.............:............ . 19 Am.ual Election........:... :.......:�............:......................30 3ttorney,fees of.... .... ..................................:.............34 �nimals standina unfastened................... . ..................:.....55 �nimals to be Impounded.................................................71 tlssessor, his duties...... .....:..........................................76 . �lddend a............................"......................................81 3ct relating to Roads and Streets..... .,..................................82 :1ct relatin�to filling vacancies.........................._.................54 B Boarn of Health,1877.............. ......: .............................. 4 <. �. .< 1878.........:............................. ............. 5 Bonds of Town authorized................................................10 Boundaries of City..........:........'...:.................................14 Bonda of Town�City]authorized ........................................15 Bonds,penalty of otl'icial..................................................31 Badge of offiee of Poliee officers............................................44 Bond of Surveyor...... ............................... ..................46 Base,establiahment of 8urvey.........'.....................................46 Bridges, relating to crossing..............................................55 Breaches of the peace................................................ 58 Burial permitrequired............... . ..... . .................. ....59 . ..... . . .... B�ard of Health,duties and powera of..................:... ...........59,61 Birtha,registration of ........... ............... ........................61 C CityOfficers,1876......................................................... 3 << << 1877........ ........... .................................... 4 1878...........................................:............. 5 Charter of City.:.....:....................................:...............13 Common Council,how composed.........:...............:................14 CityBonds,Act authorizing issuance of................ ...................15 CityClerk. appointment..................................................30 Canvasaing of election returns.............................................3Q Cits HaIl,location of......................................................34 i �`� INDEX. . Citv Sut•ceyor,duties of... ... ....................... ...45 ................. Cleaning of Streets.......... ...... .... . ...52 ......... ................... Cfla.in gang,...... ......57 Chief Ennineer of Fire Department,duties of....:.........................62 Certificates of Firemen... ............... ,y� Cit,y Magazine........,. ........ .. .... ......... ....., ...68 CumbustiUles,relating to sale of.,. ������������"� .................. ..............66,68,6.9 ' Cit3�Pound,relating to.............. ........... ...........,..71 ........... Codes,what are applicaUle....... ......::....... ,.,,7i D � Duties of Officers........... ................. 3`l ._..... ................ DaCicnz plane established... .....,,..,, ,4i ........:................ Disorderlv conduet .:..........:..... ...:....,..........5i . .................. ' Disturbances of the peace....:...... ..5g ., ... ............................. G1 Deaths, r�gistration of...... ............. ............:..... ........ og licenses................ .......:............ ...........73 E Electi.on of Citv Officers,.,.._ ; , Zy ... ....._ .....:.. �Ievation of curbs of 9ide�i•all a ....,...,.., �q Explosive articles,.eale of...,....:... ���� �� _.... _ ....... .... ...,:.....: 60-i0 _ . _ F Fees of City MaraLal ......: •> o .....,,..................... .....:.. ..... 3., Fees.of Police Judge. ......:. ,.......�33 Fees of City Attorney .:.. ... ............. ..... Fees,how dis osed of....... - ... .... ,... ....3� .., Feee of City�urveyor.....:'. ._ „ � �" " "'� ... .. ,.. . Fast drivina prohibited.:.:.. • :.. ..." ^,. .:..4G Fire I3epartment,concernin ������ �������' "'"' ""� -���55 , g............. ..... .... .... .,...fi`L First Aasistant Engineer............ ,,..,,,._.g� Fire limits..............:... ........,......... ... ...66 Eire VP:�rden,.compensation of�...:._............ �� Fire worlcs and ordnance............... .........::.......... ....65 - ......,... � ........:....:.....:....�5 .... ... �p _. f'i , .... History of t(�e Citv: ...::.. ..:.....g . . .... ...............:. ...... Houses of ill fame....,,,,,_. 54 ;...... _ { Incorporating City;Act...:.. ,:.,,.13 Indecent exposure.:. - ...... � � ' ' '"' ' Interments v�itliin city hmit.s.. ...:.: ���� �������58 lnflammable artieles,saIe of.....:......:....�.,.....:.......,..�.,......68,�69 L Limitation of indebtedness..,-.;. ,,, 1� Lieensing of business ... .,. ��� ��� ""' "'` ' Licenses,how prepared'. . . . .,, .. ..,.. ............:.35 Lieense Ordinanee,vioIatiom of ..;: � "�' �""" � Lieenses, Duties of_Clerk in relation_to ...: .�. ""•• ••-�35,36 << . ...<<.. _<< l?ollector, �.. .:... : ..35 <<. �, .< Mars�al < . -... . ...........36 Labor of prisoners...: ....:_ � ... .......... Lieensing of doge.... : ..... .... .... .........:.57 ............ ............. ....... ...73 �ddend�. Palice Judge �'. �.� u'itt died April� 21st, 1878, and �, lZ. Preston wa5 appointed b` tl�e Ma3-ar, to fill the va.;ancy. . April `�3d, 1878, H. C. ��ara �v�s aPpointed City Sur- ��eyor, b�- the �ra,yor. April 30th, 1878, I�, liaxwell w�s appointed by the llayor, Road Overseer of the cit� Road District. �1pri1 30th, 1878, the following appointments were macl�� and confirined: CxsEF E�Gr�vEER.................................. Henry Gimbal ... lst �lss'T. EivGiivEEtt..............................Jacob J. Sta.iger 2d Ass'T.EivGrrrErR......••••••••••••••••••••••.•Fr�,nk NlcHenr�- At. a speciai meeting of the Common Council,held Fri�la3�, i�Say 3d, 1878� ti�'. E. Stewart wa5 appointed by the ll'Ia.��or, as member of the Common Council, to fill the vacancy occa- sioned by the absence of G. Huntington from the city fo�' more than thirty days, without lealve. The'nominatioiz �vas confirmed by the Counci�. `r � � , _ . � . �2 ADDENDA. . G 4I I � �M t � � � � AN ACT ; � � Ia r�elcctaon to the I�oads and Streets wath�in the G'ity of San L�cis Obispa Tx�; PEOPz� oF mxE STnTE oF C,,�LrFOKNin, re�reseuted in Senate and Assembly, do enact as foilows: SE�TIo:v 1. The Cit,y of San Luis Obispo shall constitute a, Road District in the County of San Luis Obispo, and with the exception of tlie per centum of the road taxes collected therein, .which shall be apportioned to the general county road purpose,q un�ler the existing law, all road taxes col- lected in said District must, by oraer of tne Boarcl of Supervisors'of said County, be paid into the Tre�sury of sa.id city as fast as the same are collected, and apportioned, a.nd the money so paid into the aaid Tre�sury must be applied by the Comruon Council of:Sa.id city in constructing, repairing, maint�iining� gravelling, paving� or planking streets, bridges and alleys in said city. SEc. 2 The Road Overseer of said District shall be appointed hy the Common Couilcil in like manner as is provided for the appointment of city of�'icers, and shali rema,in in office during the pleasure of the appointing power. SEa :3. The Common Council of said city shall ha,ve power to order and direet the Road 0verseer thereof, in regard to the time, place and manner�of performing work in ; the streets and alleys,of the city. SEc. 4. Said Road Overseer shall have like powers and duties as are provided by law for the Rond Overseers of the certa.in Road Districts of said county; provicled, however, that he shall be subject to the direction` of the Common Councii in performing work and repairs upon the roads and streets; that he shaIl make such semi-annual reports to the Common Council oY said city, as certain Roaa. Overseers shall, by law, be directed to make to the Board of Super- visors of said county; that he shall pay over to his successor or into the City Treasury, all moneys remaining on hand at the expiration of his term of office; aud that he shall receive � , . ADDENDA. � $$ � for his services as Road Overseer, sucli compensation as t3�e Common Couvcil sh�ill, by Ordinance provide. SEc. 5. The City oP San Luis Obispo 5ha11 ue subject to all tlie liabilities whirh might or could �,ttaeh to the Count�� of Can ILuis Obispo, from the negiect or malfeasauce of s3ic1 Roxd Overseer, in case he �vere appointed b�� the Super_ � visors of said county. � S�c. 6. The Common Council of said city shall li�ve full power to direct proceedings to be taken by the City Attor- ney of said city to condemn l�tnd therein for road and sti'eet purposes, in accordance with the provisions of Tit,le V1I, Part III, of the Code of Civil Procedure, �vhenever such proceedings shaii, to the satisf�ction of the Council, appe�r necessary and proper. SEC. 7. All Acts or parts of Acts, in so far a5 the sariie inay conflict with this Act, are hereby repealed. SEc. 8. This Act shali take effect from and after it� pass�ge. J<�s. E. MuRrxY, Speaker,pro tem, of the Assembl,y. . JAiVIE9 A. TOH\SON� President of the Senate. Appro�eci, i�la.rch ��9t1�, 1878. • ��'ILLIAM IRti�I1V, GOVERNOK. STATE OF CALIFORNIA; DEPARTvtENT OF STATE. I�Txo�+tas BF:cx, Secret�r�- � of State of the State �f Calif�rnia, do hereby certify that I have compared the annexed copy of Assembly Bill No. 763, 22d Session, with the origin�l now on file in my oftice, and that the same is a correct transcript therefrom ancl of tl��� `vhole thereof. Witness my haxid, and the Great Seal of State, at my ofTice in Sacramento, this 20th d�y of April, A.. D., 1878. . THOMAS BECK, � Secretary of State. � B3' jV�f. �. BEGK� Deput��. 1 � � I 4� ` b� ADDENDA, � f � AN ACT 10�ccnzend an Act entitled "11n Act to inco�porate tte �Yit� af Sara�Lzci.s Obispo," ur3���oved 111arch � t2ventietT�, eiglateen hundred and �� � . seventy-six. '1'xE PFOPr.E o� mxE SmATE oF CnLiFORvra, represeiitecl , in Senate and Assembly, do enact as follows: SE�Tio`7 1. Section three of an Act to incorporate the City of San Luis Obispo, approved illarch twentieth, eight- een hundred and seventy-six, is hereby a.mended so aa to read as follows: Section 3. The Common Council of said city shall consist of five members, wh�, with the i�Ia,yor, �ssessor, Marshal, Tax Collector, and Police Judge, shall be chosen annually, a,t an election to be held in said city on the second Wednesd�,y of February of each year, and shall holci oi�ice for one year, ��,nd until their successors are elected and qaa,lified. The Mayor ie the President of the Council, and has the casting vote in case�>f a tie. Neither the Mayor nor CounciImen niay receive any co�npensation for their ser- vices. All elective city officers must be chosen at large by the electors of the city. If any vacancy shall occur in an elective office (Mayor excepted) the same shali be filled by ��,n appointee of the Mayor, with the advice and consent of � the CounciI. SEc. �. This Act shall take effect immediateiy, JnnsEs A. Joxxso�, President of the Senate. C. P. BERRY� . Approved, bTareh 29th, 18q8 peaker of the Assembly. WILLIADI IR`VIN, GOVER\OR. STATE OF CALIFORNIA, � DEPARTbiENT OF STATE. of Stat�of the State of California,� do he ebBF ertify�that�I / _-_ __ ___ ��ww - � � � - ADDENDA. . HJ . . h�,ve compared the axinexed c�opy of A�sseYnbly Bill No. 763, �>2d Session, with the original now on file in my office, anct that the same is a correct tr�nscript therefrom and of the �vhole thereof. • Witness my hand, and the Great Se�LI of St�te, at my office in Sacra.rnento, tl�is �Oth day of April, A. D., 1878. T�-IOI�TAS BECI�, � Secretary of St�te. B,y �V�[. A. BECx, Deputy. t Index. A �ct to provide I+'unde for the Town:..... ...:........................:....10 Actto Incorporate the City............................:...................13 �sseasor, huw electecl......:............................................14 �ctto provide for issuance of Bonds,1876................................15 :�ct to substitute City.Bonds for Town Bonds.......................... ..19 ;lnaual Election............ .............................................30 Attornev,fees of.... . •••3� ... ............................................. �lnimals standina unfastened.................. `� . . ................_...... 3nimals to Ue Impounded................................................71 Aasessor, his duties..................................................... 76 Addenda..................................................................81 3ct relating to Roads and Streets..........................................82 �ct relating to filluig vacancies............................................84 � � Boari�oE Health>1877.............. ....... .............................. 5 .< << << 1873.:................................................... Bonds of Town authorized..........::....................................10 Boundariea of City............. . ........................................14 Bonds of Town�Csty]authorized ..........................................15 Bonds>penaltS of official.....................:...:........................31 Badge of office of Police officers........................................... 44 Bond of Surveyor...... ............................... ..................46 Base,establishment of Survey..............................................46 Bridgea, relatiag to crossing.........::...................................55 Brea.ches of the peace....................................................58 Burial permitrequired........................:...................... .59 _ .... Board of Health,duties and powers of.:.................... ...........59;61 Births,registration of............ ............... ........................61 Ci � 0 City08'icers,1876......................................................... 4 .< << 1877......... ........... ....'..,........................�..... << <. 1878............................................:............ 5 Charterof City.:....................:..................................... 13 Common Council,how composed..........................................14 City Bonds,Act authorizing isauance of.:.............. ...................15 City Clerk, appointment............................................... 30 Canvassing of elect�on returns.............................................3(1 CitYHall,location of.......................:...............................3� 8s IfiDEX. City Surve3�or,duties of... ... ...................:45 ....................... Cleaning of 9treets.......... ...... .... .,,,_,5� Chain gang....... . .......................... ...57 .......................................:.._.... ..: Chief Engineer of Fii•e Department,duties of..............................62 Certificates of Firemen... ............... ,,,.,,,,.,,,,,,....�,� Gitp Mabazine.......... ........�............... .68 ComUustibles,relating to sale of... ��������������� .................. .............6G,68,69 CityPound,relatiug to............... ........... . ............,.71 .......... ode�,what are apnlicab2e....... ..................... ...........7i D : I3uties of Officers........... ..........:............ "2 ....... ...........:... atuna plane establisLed................... ........ .........:4"r Disorderly conciuct ������"�"' .......................................................57 Disturbances of the peace........... ,.,SS ................................. 61 Deaths, r«;gietration of........................ .................. ........ Dog licenses:.........................:'. ......................73 E �lection of Citv Officers.......... Zy ........................ ............. ... levation of curbs of side«alks.....::...... .....4i ......................... Esplo�ive articles,sale of................. ...,,,,,., 60-70 F Fees of City 1Vlarshal................ .......33 ..................... ..:..... Fees of Police Judae. ............. ............33 ........................ �eea of City Attorney.................... . . ............. ..:....... ......3� Fees,l�ow disposed of............................. ....34 ....... ............. Fees of City Surve}or................... ..............46 ................... Fast driving prohiUited......................:.. .............:.............55 Fire Department,concerning............. ..,...62 .....:................... First Assistant En�ineer.....................: ,.,....,,,,,,,_,g� ............ Fire limits....................... ......................:. ................6G F"ire W:�rden;compeneation of.............. ,__,,,.,,,,g� ................... Fire worl;x and ordnance.................... ..,.....:.i5 _ � History of ttie Cit3�......:........... — ....6 ...................... ........... Housesof•ill fame .............„_..,.,,. 54 � Ineorporating City,Act.....,.:.... ..........13 .. ............ . ......... ndecent exposure..... ..:......... 58 ................ ............:........ . Interments within citv limits........... .: ' ,gg • lnflammable articles,�sale of......... � ���������� �� ���� .................................68,69 � Zimitation of indebtedness.._... . � 14 ..... ......... .................... Licensing of business..... ........ ................3�, ...................... icenses,.ho�v prepared 3� License Ordinance,violation�of.......,.......�...�................. ....35,3fi Licen3es, Duties of.Clerk in relation to .... .......................... 3� << , << <. ,� , Collector ° ............:...... ............36 `• " " 1liarshal '< << �abor of psisonera.... .... ..... ................... 3i .................................................. 57 Liceneing of dog�.................. ...7�; txnEx: s9 � M i��yor, how elected........:.......... ...........:..................... 14 ➢Larshal, how electad.......:....:..:.:.:.:................ ..............14 .. fees of.............................................:.............33 Minutes of proceedin�s,where kept............. ............ ............34 ➢ieetings of Common Council,when held ........ ...................... 35 iViarshal,ex-o,�cio Chief of Police...... ..................... ..... . .43 ... ... .� duties of ..:..................................... ........43,57�60 bfisdemeanore on part of Police Officers.............................. .....44 Midwives, requirements of.............................. .................59 3farshal, ex-qf/'iczo Pound-keeper.....................................:....70 N NnisanceF,ancl their �batement........................... .....:.......56,60 � Officers of city,1876:...:....:..:..::.::..............:.....................3 << <. .. 1877.........:....::.......................................4 �. a �. 1878 ::.....:..:..:.:.....................................29 Orclinances: Codified......:......:. ...... .............30 Offices>terms of...........:... . ...... . ............................. °• how elected and appo;nted........................................30 Oath of office.................. .............. ..... 30 ...:....... ........... O�cial Bonds,penalty of..................................................31 Offices,�;�here kept......r..:.. .:...................................34 ..... .............................3 Ordinance Buok, l�ow kept..........::....... .........................53 OUstruetions ou streets and sidewalks..••� �••�••• 75 Ordinances,relating to............................:..... . << how published :. ...:.:.... ..............................75 .. ..............75 Ordnance,concernmg fire works axicl........ .............. � Police Judbe,how elected ::........._ .......................... ........14 ........................14 President of Common Counci;,who ia.:.......... 33 Police Judge,fees of............. .......... . ..... ............... ..... .....34 Police Gourt,where held.... :.......`:.......................:..........34 Public Docnments',where to be kept...:...... ,••. �•� ..... .......... 4S Police Department,how constitnted.............•••���• �� Police Officers,salary of.............:.. ....... ................ .......:.43 .. .� duties of..................................................43 .< << ..............57 how remoce ........... .................... ............. ..................... Prisoners,labor of:.................... ...........57 Public works,defined:..................... .................. ...... .......... 58 • Profane ]anguage .. .......: . . ... . �... . .59 ...... ........ ..... .. Pbysicians,requirements of..-.�•••� ��•••�• ••�""""" �� ................f6,68, 69,70 Powder,concermng sale of..........:.......... �� Pound-keeper and his duties...........:.................. .. ... Phrases,conatrnction qf.:..........................................75,7G;77 Q 42nornm of Common Cottncil ......... ...................................�� R � ..z� :............ .................. . P.ules of Order.........::....... .... ...... .........33 .......... .:3� Peports,financial,when to Ue inade............. ... .................. P.ecord9, where kept........................ .. • E �. - . . . � � . � . - . 9� . � � INDEY. . . . .. . - Pubbish to Ue removed from streets..,......:.. 1?eaistration of births and deaths..............................:...�...52�.61 Redemption of impounded animals............. Pepeal of fbrmer Ordinancev.,,,,,,, """'�•••••• �•••�•••-•�73 - . . � . .., � ............� . ....... .ii -� . . . . � , . �7 . � . Snbstitution of Bonds.....................:..........:. ..19 Standing Committees,how composed.... .......... ��� � ����' o. Salaries of City Officers...:...... �" "'"""""'••••`} Salxry Fund,how created............. �����"""" • 31 ...... .... . ....... ...........32 � Salaries,how paid.............. ....... .......... Settlements, how m�de..........:..... ..................................32 Seal of City,when required ��������������"'"""' ' ' ..........32 Special meetings,how called...... ... ��'' 35 ...................... Surveyor and his dnties:...,.... ........ ...'." """"'.••.•• 35 <° fees of Ci't ..................................... << y...............' ... 5 bond of Cit ..................t........ ........ 46 Sidewalks,tocouform to grade�...�...f.:. """""""' ......... 46 „ ........:....... . ...50 width of............. . . ....... Streets to be cleaned rveekl ��� �������`�� """ ..................51 y.......................... .. :................52 Shrubbery,mutilation of............... '° to be trimmeil..........: ... . ............... .....52 ..... ... ... ...............................'.......54 Second Assistant'En�ineer..:.....:.........: ..........................fi2 _ T Tax Collector,how elected..........:........ .;,.,,,., .14 Terms of elective officers............ �, �� 30 Terms of appointecl officers..........:............ ..... ........... ... 31 Trees,mutilation of or injury to ��������""'""""" << ..........................................52 to be trimmed on siclewalks.................. . ,� _ ; v Venetation on streets to be Icept down.... ... � ,.,�3 �`arra,nts, when ivithheld.... , w ...32 1Vater streams to l�e kept clean......... ������ �����""" ...................................58 f i ( � . _. .. . . . .. :1�1�T _OI�DI i�Al�CE PItAFIDIP;G FOR T�iE ArST:SS3i�\^ tiND .COLLECTIODT OIa' . ` CITY TA_X�S. Tiae 111c�,�or and 'Comnaot2 Cozcracil of tlae City of Sun L2tis .-. ' (�bispo, clo o�^cla,i�a as follo2vs: _ Sr�'rrorT.`1. Ttie fiscal ye�r of the City of San Liiis Obispo sh<<1_; cona�nence on Lhe fir�t lionclay of'lIarcli ancl end on the,first i✓�onda�y <�f ���i.rch�of ea.ch ,year. � � � , � ti:��:C. `l. �lii prapcity, �+'ill�iu tltF Co.E>orate linzits of the Cii,y of Sa�� Lui� Obispo, not esempt therefrom uud�r the liw` of the State, is subject to taxatioiz, a�nd niusi be t�ixed at its , full cash�value:� �� �� � �� � � � � SLa 3 The City Assessor must bet�:�eei� the first Mond�y �of March�and�the hrst 1VIo�c�a.y of July in°e��ch yeai•, ascer_ tain tl�e iiames o1'ztll �•�,x�,ble inhabit�ttits aud �11 property in � � � � tYie C;ity sauject to taxation, anci tnust assess suc;li pt•operty to the perso��fi by �vhor�i,it is ownecl or�claii.�ied, or'iu �vhose � posses�ioi� it waa at tw�ive dclocl�nz. of the s�id first 11Ion- , day of lZarch. SLc. 4. Tlie City As�essor must ex�et from ench person � �� �a statement�in �vritii�b; ui�der oath, shuwiug sep�lrzitely:� � � _ lst, vll propertv beloi�giug to, clzii�ueci by, or in the pos- `session of�i uudLr tl�e�ontrvi o�man�jgemeiit oi such peraoii. 2nc1, All propertp belongic�� to oi �laimecl by or in the �possession or uncler the ic��itrol or m�nag,-�inent of ai�y firin 'of�vhich`surli per5on ia �i ineTubex•. - ��rd, F�ll pro��rty belonbing to, claiinec? by, �r ii� the pos-, session ar unrier tlze conti•ol�r uiaf�abeiiient of avy Corporzt- tion of�vltich sucli per�on is Presidei7t, �ecretaiy, C�,shier or - , 'llatlagin��lnent, 5th,��a�exact�d2s:.ription nf a.11�lauds,���improvei�euts aiid persoi7al pro��erty,aud clni�o'si#s of moitey ai�d ofher valuables, anc��tY�e'naines of�ti:e �ersons��vith�_wnoirl �such de��osit� are made anct the place in �vhich they may be fi�und. The pI�yor � �tnd Comm�n Council rnust ii�rnish the Assessor �vith blant� .#'orms for the staie�nent�grovid�d 1'or auove; afTixiug thereto an affid�zvit wl�ich n�ust iie substanti<illy as follow;: ��I ' ao swear that tl�� akiove list eontaiils a, fiill aud correct`st�tem nt of�ill property �ub,ject to taxation which I, " or any rirm of which I am a i�einber, or any Corporat.ion, .. � -- -- -� , , j�: � _ � REVENIIE ORDINANCE. �Association or Conzpany of wl�ich I am President, Secretary, Cas;�ier or 11:au:jbin�r�bent, otvn, claim, po.�aea� or coutrol, F �and which is not alrea.dv asaessed." - � � � � � ; S�r• 5. The A�;�essor ina,y fill out tl�e st�lte�nent ab the tirne he presents it, nr]le inay deli�er it tn the peraon and require such p_rson, �vithin an a.ppoiuted time; to return the same properly filled out: SLa G. The Crty Assessor shall l�ave the s�me po�ver,as is provided in Sertiou 3632 of the Polit,ical Co�3e in refet•euco to m:�king.Zssessments;�rovtclecl, however, bef'ore.eYercising the power as directecl in said section, the Assessor shall fir�t a1ipiy to the Common Couucil for authority� to proceed in tl�e manuer provided iu said-section, in all instances �vhen re�essity requires a resort to said s�ctioi�, in orclec to securo a proper caluation of pi•�perty for t1:e purposes of taxation. . Sra 7. If any person, after dem:iud by the Assessor negle!•ts or refuses to give, iii �vi�itit�„�1nci .under oath the . stute�nent hei•ein pd•ovided 1or, tiie A,.;e,s;�i• must_ note the refusal on ihe as,essment buok opposite such person's naine, and must make�n eUtimate of tdie value of the proPerty of such perso», and the v�ilue so fix,d by the Assessor must neither be reduced or ivcrea5ea by the Common Council sit- � tin�as.a I3oard of Equaliz�tio .- � � � � : Sc=. 8. lf the owuer or claimant of p:•operty not listed,is ' ab�ei�t or un:�uo�vn, tne Assessor must ma.ke an estiniate of the v��lue of such property with �,d�scriptiou thereof. . ]fthe . , __ame of the�bsent o�vner is not kno�vu to the Assessor, the pi•operty inust be assesseci to unknotivn o«�ne3•s. �Si�:c:. 9. Ai�y p.-�pE,�s. �vilfully concealed, removed; trans- ferred or misre�,�z•esented by the o��vner or agent thereof, to e�acle t<ix�tion, upon c�iseovaiy muaT be�,ssess�ci at not ex_ c•eeciinb twice iis ���21ue, nnd the asses�ment sc�rriade must not be re�iucecl by the Cotninan Council sittinn as a Baird of �qualiz�itioii; and �ny p;o-�crf.y discove�ecl by tl�e Assessorto havi e5 �ped �sacssm�t�t fu�tlie l,�,st ` � ��� _ � < <�,..�t ��aceding yeax,��f��auch �i,4€�iQri�y,i��i,°j tl�e otv�l�r�l�i�or utictar'�Gti� cont�o�of tlie.s�nie pj�•�oi� �yhci�o�y;neci or coi7trplled it`fQ� ��ic1i receciw ;. e�ii�� �Yt�,�'�e}��es�ec�at cioti�Te if� vi�tie ' „' ,� , ' g Y rt� 1 > ti� � � �, r xs ., ru 3�a� � ,,+� ,e,�F� i��� ;�'he Car moni Louli�ii shg�t,�ui�}is��li� Asse�sqr �i� s� S�ni�i� bo'o� ��i�li a ro iis e`!� �i�a�,, 7� hz�4eti�all� � ��,�x�t�� � � � ��,�' ��'p �p t e c � r �� , `�ii tn�e�, in w��i f�tnas� ��Q 1ist�c���ll io e t� r�� ` ��n�d tvh�ch 's���itbo�o��ni"u'st be su�staitt���-,}�u,�,he��foimr�re� ��sc r�b�ecT �n���{�ou 3�5� qf{h� Po�,i�i{c,al��p�de;i a :a e �E=r ��3a n,f,�;r�.r c�,, � ,ur= �, : �.?���:,��- �8a�.��ur�,•a��? :�t1� xc�� , t,taiv�rt,t r> �ztir� I,Af��: 'rt io trii� •��t� �tv � � - - ....._ : I � . . � .. I2EVENOE ORDINANCE. SEc. l.l Oa ar Uefore the first iVionday af July in e�ich , year, the Assesaor xnust compleie his asseasinent bbok. He and his deputie5 must ta',e and sub5cribe an affidavit in the assessrnent book substanii�illy as follo�v�: <<i--Asses�or (or I��puty Assessor as'the case may Ue) of tlie city of San Luis Obispo, State of Californi.ti, do s�vezir, thnt I�et�veen the first D1ond��y of i12�lrch ancl the first lIonday of July 18—I lia�•e macle c�iligant inquiry and ea�t�nivafion to ziscerlain all . the pr�ei-ty tvitYiin said cit„v �uuiect to�issesstnent by me, and tha.t the saxne has been asse�sed up�u tt�e nssessment booi�, equally and uni�orml}, nccorcling• to ti�e best of my • judbment, inforin�tion and belief, �t iis i'nll cnsh value; anci , I liave fziiti�:nity complied-�vith ztll di�ties impoeecl upon the � Assessox• under the_provisions oF the ordin�iuce of the city relating to reveiiiie,,�ncl'�I 1►�ve not iinposed auy unjust assessmeut throu�h mnlice'or iil will, nor allo�ved �ny one to escape a just and equ�l assessrneni throu�;ti fiivoror re�vard." S�c. ]`L As soon as completed, the�s�ess�rient book must be delivered to the City Clerk ou or uefore tiie first ➢Iond�iy of 3uly, and on said fir.�t 1Tond�tiy of July, or the day thereafter, the Clerl�' must give notice that said Book is cleposited in his:office, anci of the time the Common Council will meet in the City Hall, ns a Board oY Equalization to equalize the assessmevt; said notice may be either written or-printed, and sh�ll be by said Clerk posted in three or more public places iiz said city,and acoay t-here- of shall be filed in the'saicl CIlei�k's ofiice. The assessment book must remnin in saicl Clerl�'s' ofiice from the date of deposit until the meeting of sxid Common Council as a Bo�rd of L+'qualization, for the, inspection of all persons interest- ed; and the said Clerk shall be the Clerk of the sa,ict Board of F.qualization: �,; S�r 13 �;rhe�n�ayor tint�d•C�mmon Council sl�all ine,et•a,t t�i�ioC��yr r�Ia�l� onrt,$,e�r3ci Monci�,y_of.July of;e�,ch yeaii as�.� '� Bo�r,�],1qf k;c�u�l�;z�atzan� �tp�e�x���ine the,.ACsessirievt 73,00lv and ez�uz�l,i�e�s.th�.�l�sse��_r,u�i�t so£.,;�rop�r�Y::in ti�� c�ty;�nd�sha�l cori�inue in session from cia.y to day uptil,the,k�usiqess:ri£ �q�al�zat}�r�x��i� .�d}spr�;ed tQ�;,ib�.tt, nq�;�lo�ibe�ctthan'�the;,fi;rst , . , . 11'Ip,I1�CicRy;;�� t.F�u�,"}?�� J,:'E' `!tI'?�iff, �)� ' .�, (. > ..ci��t , tJ; , r,?':i ���r3�i�,3��i��ri'���'or=-;���i�9�in9n��oqn�il;;as:a�:Bo�rd�o�. � �91�;������4�n�Irhai�����e poWe,r,�t� de�e��i�xe �on�FZaiqts Ffil��i i#1r�ul�;t}r������tli s�;3d,}3o�rc�)rir�rre�;Rrd t,r�,t3��,assessed:;Ualazertif p`�oB�rG����t�dq�}ria�,�: �x��e�t?as,prol?ibiteci..ii7 Llti� o�:c]�n�n¢p, correc�-any valuation. by.adding or deducting such sums as . � _ � , i i _ I R�VENL'L "ORDIRA:\"CE: m�y be i�eces:,ary, to m�ike it conform to the actii2l cash v�l ue. � �� � Sl:o. 15� �.L?p�u hearina the application ��tl��e� Boarcl�m�t.y subpo�na sucli �vitnesse.�, hear iiiid t<�ke su�h eviclence in rel�tion to tl�e�"subjaet pending, as in �its discretion it may�� cle�m proper. S�c. 16 The Clerl� of the Board shull record iu _ a� bool� preparecl for th��t purpose, all chan�es, corrections��ar,cl���orde:s iriade bs the I3oard, atld dering its � �sessioii, �or� as eooi� 2s possihfe �after its adjoiu•ument, n�ust ente�•� npon tii� z�s�essrneilt� book all chai��es and�copi•ecti�>i�s � ��rnade by the Bcarcl;`and ��n the tbird Mo�aay of�lubust � intist deliver thc a��essn�ei�t book so corrected to the Commoz i,"otiuicil' ai�d �accompany tlie�s�me R=ith�an af�id�ivit�tbereto � � . �tf�iYed, subs�rib2cl by i�im, ;�nbstai7ti�t.ly as follotvs: ��I—_ cto s�vear, tl�it as Clerk of the �;oinmou Council, sitti�lg�,s a� �3onici ot`�Lqu11iz16ion, of the.�city of�a�i Luis Obispu, and �� � � Clei°k :of said���73o�ircl, I ha��e ke�t correct minntes oi alI the � acts�� of� the �Boar�ci totichii�i�� alter�tit'ions iu the a5ses5rnent - bool�; a,icl tli�2t <ili �ilferations agreeci to or directed to be i��+:�e, �h_i�e b�eu n,a��anc.�entera.�1 in tl�e a5sess�nent bool�; � . ave���_tl�at no ch�in�es or al�erations h�ve�been xnncie therein�� except tI�ose authoriced." - -Sisc. 17 '1'he Gozrirr�o.i Cou�.cilshall on the firat 1Tonday of � October in each 3-e�ir,or ���ith�il�iive dt�ys Ei�ereafter,�mee�upon� � notice by tl�e Gity Clerl�, �lnci ha the levy or ri±e per cent. of city_taxes, clesignatii�� the niimf�erof cents on each hnuclreci c]oll�trs of prop�rty, levi,�ci for each fand. S�a 18 '�very t_�i tlue ui�o.� par;oaal property is a, lieii . upon�the rez�l est�_�te 6f th� owiitr thei�2of, fi�oiii zind.�,fter the 3 ; ' �.,f�in�e�tlie"pei:�on�l prop'�rt,y�i� �<tssessed: �� ��� � � � � S�c. 1J �very ttis ci�ae ui�oii re:il propert,y is a� lien �` a�linst tl�e�proparty i5sess�d; �nr� e�%ei°y t�tY due��ipoil iin- provements up,�i real est�fe as5esseci to others thrin the otivii- ers of the j•c,al e;i:ite, i:; � lieii upon tlie lan� �nd irnprove- meiits, �vhich s�vPral lieii5 attach �is of the fir�t iTondz�y of lF�irch iii each year. S�c. ?0 On- or Uefore the fourth Jionday of O�tober, the City Clerk must deliver to tdie(;ity T�ix Coilector the �is'ses,_ � ment book, 'ancl tat�e hie receipt for'the amount of ta� <�ue �� tiie�•eon,:saici Ciei•I�ha.�it�g pz•evio�usly�•oti�pilted <ind� eiiterecl � � �in �ti �se�:lr�ite mone,y colu�nn tl�etein, �the respective�siims � � i in ciollars a,ncl cents, rejecfitig ti�e fractions of a cent, to be - � _ f ..` . , ' � , . , � ,� , �tEV EN UE"OItDINA1VC�. � � _ p�id as a tax on the property therein enumerated, and foot- ed up the column shoWing the tota.l amount of such taxes, and the columns of total value of property ia the c'iu 1 zatiion. rected under the direction �f the Cit� Board of Eq Tfie CJity T�x Collector inust on th.e day after receiving said : assessment book m�ke` and post in three or more public pl�,c�es ii�the city, �vritten notices 5pecifying: I'rr�sT, That taxe� are due and will became delinquent on the last Monday in Deceinber next thereafter, and;unless p�id prior thereto,�five per cent. �vill be added to the amount thereof. ��;o:vn, The time and :place at which paymentof,taxes may i�e macie. ' Src. 21. The Tax Collector must mcLrk the da,te of pay- n1e��� of auy ta� iii the assessment book opposite the name of the p�rson pa.ying. He inust give a receipt to the peraon pa.y ing any tax, specifyin�the amount of the assessmeilt and the tax paid, ��'ith �, description of the property asse�sed. S�c. 22. Oi1 the last➢ionday of DeceYY�ber of each year, or �vithin ten days th�re�fter, the City TaY Collector must ' settle �vit7i the City �reasurer for all moneys collectecl for the city for taYes, and pay the s�me to said Treasurer, and xnust file`vit.h the Gemmon Council a,report accompanied with the Treasurer's receipt, of all inoneys so paid, at their regular :ineeti���' nest. after such settlemetlt. S�c. `?3 On the last Monday of December of each year, all unpaid t�Lxes are delinquent, and no taxes must be collectec�- or received by the Tax Collector from and �fter said time, except as hereim after provided. ' S�c. 24 On or. before the second Monday of January of each ye�r the City Tax Collector must deliver to the Com- xnon Council-�, true and correct �3elinquent list of all per- Sons and property then owing taxes, axid at the same time als�:return the as�essment roll. In the deliuquent list so:delivered niust be set down in ,numerical or alph�betical order, all xna,tters and things contained in tlie assessment book and relating to delinquent �ersons or property. S�c. 25. The Common Council must carefully compare the delinquent list with the a,ssessment book, and if satis_ fiecl th�t it contains � full �nd true staiement of all taxes due �.nd unp�id, they must foot up the tot�,l amount of taxes so rem�ining unp�id;credit the City Tax Collector who ta�ed .uncler it, aiid make a final settlement with him of all _ , • • � '� . ; , - . ,. � - , .. _, REVENUE ORDINANCE. . I actes char�red �gnins� him on the a5sessment book, and if s�ich_settlement cioes nat correspoucl �vith the Trea�urer's receipt they s1�a11 re7uire an immediate aecount f'or ��,ny existinb detieienc5. ' - � S�c.- 26. After settlement t��ith the Gity Ta,� Collector a;s prescribed in the_ preceding section, the Corrz�non Council n�iust add to the:delinquent list five per cant; and on o: be- ii�re the third DZonct�y of Janua,ry deliver the said list to the City Ta� Collector. � SLc. 27. On the first �2ouday of February in each year the City T1x Collector mu�t publish the deliuquent list in �some�ew�pa,per printed and publishecl�in �sa,ici city, which mList contaiu the naines of the persons.atid a desLription of the propert•y delinquent, thE amount oF taxes ztind costs due, opposite e��ch naine ancl description, with the t�xes due on , personal property added to the tases ciue on real property, , where the real est�,te is liable therefor, or the several taxes are due from the same person. The City Tax Coilector must append and publish with the delinquent list a, notice, that un_ less the taxes, deiiiiquent, together �vith the costs and per_ ceut�ige, are paid, the real property upon which the srzid tases are a(iez�, �vill be sold at public auction. The publication must be made ouce a week f'or three successive weeks and state the time and piace of sale. The time ef sa.le must not be less thau twenty-�ne nor more than twenty_eight days from the first publication, and the pl�,ce of sale shall be in front of tlie City HRII. SLc, 28. '1`he T��x Collector, as soon as h� has made the � publication�reqnired in the preceding section; mus� file with� � the City Clerk a copy of the publication with an. afT'idavit attaclieci thereto, that it is �,frue copy of the same: that the publicatidn ha� beei7 triade in �ti newspaper �naming it) and that the sa,me was prii�ted and published in the city, and the date of eac�h appearance of said aclverti5ement,which affidavit ' is primary evidence of the fa,cts stated therein. Src.-29. The City Tax Collector ►nust collect in addition to.tlle taYes due ori the delinquent list, and the five per cei�tuin added thereto, fifty cents on each lot, piece or txact ' of land assessed separately, a xd on each assessment of per_ son�l propert.y, which amount must be paid intu the City Tre:�sury and which shall be app.ropriated by the Common Coiiiicil.tqw�rcls clefrz�ying the expenses in preparing-and publishing the delii�quent list. -S�c. 30. 'On the �lay fixed for sale, the Collector between . � � � .. .. � ..-.: .. . � .v . - . .. .,.. . . . ., � . - . REVE�UE ORDINANCE. the hours of 10 dclock A. �. and 3 o'clock P. rs., must com- _ mence the sale of the property advertised, commencingatthe head of the list�ind continuing alphabetically or in numerical order of lots and biocks until completed._ He may adjourn the day of sale, or the sale, from day to day,but the sale tnust be completed within three weeks from the d�y first fixed: - S�,c. 31. At such eale, the City of San Luis Obispo, and also all persons, firn:is, corporations,associations or compa.nies,' , not prohibited by law fro�Yi owning and liolding real estate, _ may become purchasers of the real estate so sold �,t such Gale as�foresaid. S�c. 32, The o�vi�er or person in possession of any real estate off'ered for sale for taxes due thereon, may clesignate iu writing to the City Tax Collector, prior to the sale, what portion of the property he wishes sold, if less than the whole; but if the owner or possessor thereof doee not, then the Tax Collector may designa.te it, and the person, corporation, com- : paxi,y or associa,tion, who will t�ke the least qua.ntity of the real estate, or in case an undivided interest is assessed, then the sm�llest�ort.ion of the interest, ancl pay the taxes and costs due, iucluding one dollar to the Tax Collector for dupli- cate certificate of s�le, is the purchaser. But in case ther e : is no purchaser in good faith for the same,as provided in this� ordinance,ou the first day that the property is offered for sale, then whem the property is'offered thereafter for sale, and there is no purchaser in good faith for the saine, the whole , : amount of the property assesseci shall be struck off to the City of Sa�n Luis Obispo as the purchaser, and the duplicate certi- ficate delivered to the City<;Clerk and by him filed iu his bffice. No charge shall be made for the duplicate certifica,te when fhe City is a .purchaser, ancl in such cases the Tax Collector sha1T make an entry ��Sold to the City" on the a�sessment book opposite tl�e tax, and he shall be credited - with the amount thereof in his settlement. ` SEc. 33. If the purchase�does not p�y the tax and costs before 10 o'clock 2�: �. of the.followiiig day, the property on , • the next sale day, before the regular s�le, must be sold for the taxes and costs; proviclecl, that tr.e foregoing provision in this sectiori shall not appty in cases where the City of San Luis Obi4po is the purchaser, SEc. 34. After receiving the amount of taxes and costs, the City Tax Collector must make in duplicate, a� certificate, datecl on the day of sale, stating(when known) the name uf the person assessed; a'description of the'real estate sold, the , , T � RE VENUF'URDIIV'A1V'CE. amount p�icl therefor; that it t�as cold for t�Lxes, giving the ainount and year of the assessinent;:anci specifyin�; the time , when the purch�ser shall be entitlec� to a deecl. The eertifi- cate must be signed by the Collector ai�d one copy delivered to the purcliaser and the other filed with the City Clerk, The Collector, before delivering any ceitificate, rriust in a book <enter a description of the real estate sold, correspondiug��ith the descriptioil in the certificate, d��te of sale, pnrcha5ers n�rne and amount pa.id; rebularly,nuinber tlie description on the margin of the l�ook and put a correspanding number on each certific�te. �uch book must be open to public inspec- tioii, without fee, during� of�ce hours, �vhen n�t iti �ictual - use, a,nd shall be ,kept in the ofhce of the City Tag Col- lector. � SEc, 35. On filing the certificate �vith the City Clerk the' lieu of the city vests in the purchaser, aucl is only divested ;by payment to lzim, or to the City Treasurer for his :use, of the purchasa motiey ai�d;fii'ty per cent. thereon. ;S�c. 36. A redemption of the property solcl may be made 'by the owner, or any part,y in interest, within :twelve months from the date of purchase. S�c. 37. R,edemption must be made in lawful`moriey ° �of the United St�ttes; and when m�ide 10 the City TrEas- urer, lie mast 'credit the amount paid to the purchaser ;named in tl�e Collector's certificate, and pay it on.demand, sto such purehaser or Ilis or its assignees: SFc. 38. In eaeh report the City `1'reasurer inakes to the Comrrion Couticil, he must state who is_ entitled to .redemp_ tion inoney, and the ainount.due in each ir,stai�ce. `SEc. 39. On receiving the certificate of sale, the City _Cierk must file it, and make an entry .in �i book similar to that required of the City Tax Collector. - � _SEc. 40. Om presentation of the receipt of the purchaser named in the certificate, or of the City Tre�surer for his use, of the total a�nount of reclemptiion rrione5�, the said Clerk :must�riark the work <<Redeemed," the date, ai�d by whom xedeemed, on the certificate, and in the margin ;of the book ��here�the.entry of the certificate ismade. � SEc. 41. If the property is i�ot redeemed within twelve : mouths from the sa.le, the CityTaa Collector must make to the purchaser, or his or its assignees,:a deed of`the pro�erty, reciting ii1 the deed'substantially�the matters contained `in t•he certificate;:and that said �r�perty has,,not been re- deemed during the tin7e:allo�vec� by this ordinauce for 'its redemption. � _ - � , � � �� � � �� � i REVENUL+' ORDINAivCE. • SEc. 42. The matters recited in the certificate of sale must be recited in the deed; and such deed duly acknow- ledgec�or proved, is l�rimary evidence that: Fr�sT, The property wztis assessed as requireci by this ordiriance; ' S�corrn, The property was equalized a.s required by this ordivance; TxiRv, The taxes were levied in accorda,nce with this ordinauce; FouRTr3, The taxes are not paid; FIFTH� At a proper time aizd place the property was sold as prescribed by this ordina•nce, and by the proper officer; Sixm�, The property was nat recleemed; S�vEN'r�, The person w.ho eYecuted the deed was the proper officer; the:taxes on - EzGxmx, Where real estate was sold.to pay personal property, that the real estate belonged to the per- , � soti liable to pay the tax. SEc. 43. Such deed duly acknowiedgect orproved,is(except-, as against actual fraucl) conclusive evidence of the regularity of all other proceedin;s, from the assessment by the Assessor, inclusive, up to the execntion of tkie deed: S�c. 44, The a,ssessment book or delinquent list, or a copy thereof certified by, the City Clerk, showing unpaid tax by any person or property, is primary evidence of the assessment, the delinquency, the amount" �h��ordixaan e in unpaid, and that�11 the forms required by relation to assessment and levy of-such taxes, have been complied with: ' � SEc. 45: The City Tax Coliector may, after the delin_ quent list is.returuecl to him by the except wr erel�realcestate ' the taxes due on persona] property, ersonal prop. is liak�le therefor, by seizure and sale of any � ert5�owned k�y the delinquent. The salero l e�� bt�apay°the auction, and of a sufficient amount of p p Y taxes, percentage and costs. The sale mu5t ublafat on in weeks notice oi the time and place the lei th ee public places. - a newspaper in the city, or,by posting ' For seizing and selling personal property, the,City,Tax Col_ lector may charge in each case the sum of two-dollars_as his fees therefor,�to be paict bythe delinque�lt. ersonal • SEc. 46. On p�yment of the price bid for any p property sold, the deti urchasereofAl ieh�c bilover the� taxess title thereunto in the p , .. . _ - . � ,. . � �' � � _. � _—= nnn� .. . �I: � . . . .' . . . � . . �li � .� .; -- �� :� : .. .. � . . � �,-�� ' ... . � C� _ _ � �i / ,� � _ u � -REVENU� OPLI:d�NCE. � � � - per ceut. and costs, of the proceeds of any such sale, 'must be � returned to tl�e owner of the property solci, anci until .claim- � eci, must be deposited ii� the City Z�reasurc, subject to tlie owner, heirs, or le,al representatives, if demancled within one year; and if not demancled or called for before that time by the pers�n entitled thereto, the saTne shall be tr��nsferred � to the General Fund, �rovided, the same�hall be refundecl�to the parties entitled thereto, upon dem�nd,'«�ithout interest. tiLc. �7. The City Ta.x Collector must annually, on the first DZouda,v of 1�Iarch, or at the first regular ineeting o: the Common Council thereaftel•; attend sai�l meeting w�ith the delinquent list, and the DTayor and Cominon Council rriust then carefully cornpa,re saici delinquent list with the assess- 3 ment of persons anci�roperty not m�rkeci «p�l�» on the as- � sessment book, �iid_where delinquent ta�es have been paid, � must note the fact in the zippropriate colu�nn in the asses5- inent book: The Ta.x Collector shail iriake an afT'idavit, which shali be written anci subscribed in the delinquent list, tha,t every person and all propert�as�essed on the delinquent i § list on which taxes have been paid, has been credited in the � list with such'payment. The City Clerk must then foot up � the amount of ta.xee remaining unpaid, and credit the City . Tax Coliector with the�inount, and have a final settlement e with him, and the cielinquent list must remaic� on-file in said Clerk's office. : SEc. 48. The CiEy Assessor must collect the ta,xes oil . m�vabie personal property, where such taxes are not a lien � on real estate, at tbe time of inaking the assessment; he shull iiia.ke sucfi collections in the manner prescribed in Sec- fion 45 of this�rdinance. And the Assessor shall be gov- erned as to the amount of taxes to be by him collected on movable'personal property, by the rate of taxes of such prop- erty�ssessed on the previous yeal. He sha.il mark «Paicl" opposite the names of persons from whom such tax is collect- ed, on the assessment book, a.nd shall on the first Monday of .eyeach a.nd every month pay into the City Treasury�all rnon_ s collected by him for such taxes, taking the Treasurer'S receipt for same, which he shall file with the Common Coun- ci1 when he returns the assessment book. SEc. 49. AlI ordinances�,nd parts of ordinances hereto- fore existing on the subject of City revenue, or assessment�r collection of City tases, in conHict herewith,-are hereby re-, Pealed: ;: � ' ' . . .. . �iii�mmmmrrnrnmimmmmrm�mi � 1 � ` .... . .. �' a� PvEV�NUE;ORDII�iANCE. .� � SEc. 50. This ordinance shait take effect'and be in farce _ from and after its passage, approval and publication. . ,Approved January 20th, 1882. CiHARLES w. DANA� Mayor. Salv Lurs Osr�Po, CAz., January 21, 1882. I, P. A. Forrester, City Clerk in and for the City of San Luis Obispo, Ca1., hereby certify that the foregoing ordinance, providing for the as5essxnent an� collection _ of'City.taxes, was pas�ed�by the Common Council of said City at a, regular meeting.thereof, on January 20th, 1882, by the following vote: � Ayes.—Harrington, Payne and Staiger. Absent,-McLeod. Auci that the same was approved by His Honor, Mayor C. tiV. llana, on January 20th, 1882. , P. A. Fox,REsmER, City Clerk. , �, <F� T_�w__ �, i.--=�n • . ,.._�._.....Y,._..�.