USA > Iowa > Polk County > Des Moines > Des Moines and Polk County, Iowa, City Directory 1869 > Part 18
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hogs.
SEc. 4. Stock impounded may be sold by the Marshal to Sale of stock. : Notice of. the highest bidder for cash, after giving notice of such sale as follows : of the sale of swine he shall give three days' Three days for notice of the time and place of sale, describing such swine therein, by posting one notice on the door or at the entrance to the pound, one at the post-office, and one at the front ' door of the court-house. Of the sale of any other animals he shall give a like notice posted in 'like manner for six Six days for other stock. days, and in addition shall publish such notice at least once in some newspaper printed in this city. The purchaser at such sale shall take thereby a title absolute to the property purchased as against all persons, and to such extent as the power and authority of the City Council extends. ! Out of Disposition of the proceeds of the sale the Marshal shall retain his costs proceeds of sale. and expenses of advertising, as aforesaid, and fifty cents for each animal sold, and the balance of the money shall be paid
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TAXING DOGS.
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to the Treasurer who shall retain the same for the owner of the animal soldi but if not claimed within one year, he shall . report the same as part of the general fund of the city! and such claimant shall be barred from a recovery thereof. |The Marshal shall have no charge against the city for impound- ing, advertising or selling any animal.
SEC. 5. | The Marshal is authorized to construct and keep Marchal to pro- the pound ( at his own cost), at such place as he may elect, vido pound. and consistent with the ordinances of the city, and he may ht his option ikdepfe pound on the cast as well as west side of the Des Moines river.
SEC. 6. Estrays impounded junder this ordinance, may ho! Estraysre- redeemel at any time prior to sale upon payment of all costs dectable and expenses incurred, and the reasonable cost of keeping the same.
Passed December 18, 1868: Published January 23, 1869,
NUMBER 11.
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DOGS.
JAN ORDINANCE to provide for Taxing Dogs.
SECTION 1. Be it ordained by the City Council of Des Amount of tax. Moines, That it shall be the duty of every person owning or Having charge of any dog or bitch within the limits of the corporation, to pay the City Marshal the annual tax of two dollars for every dog, and four dollars for every bitch, and to put upon the neck of every such dog or bitch a metallic dollar, upon which shall be legibly engraved or marked the Collar diner's name. Every person who shall refuse or neglect to' Of comply with' the foregoing provisions shall forfeit and pay to the city of Des Moines, the sum of ten dollars, for each and every offense.
SEC. 2. ; Every dog or bitch found running at large which May be slain. is not collared and marked as above provided, (and any bitch running at large, whether collared or not, during her period of salacity,) may be slain by any person, and shall be slain by the City Marshal, and the prudent use of fire-arms for this purpose shall not be considered as a violation of any ordinance of the city.
SEC. 3. No person shall kill or molest any dog or bitch Not to apply to not in her period of salacity, which may follow or be led by countrymen.
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CITY ORDINANCES.
a countryman or traveler into the city, while with his or her 'owner or keeper, or near the Iwagon, or animal, or effects of the same, nor any other dog or bitch except as herein pro- vided, under a penalty of not less than one nor more than fifty dollars.
Vicious dogs may ve slain. ·
Skc. 4. Any person who shall keep or suffer to run at large any dog or bitch known to he vicious or dangerous, or to have bitten any person while peaceably passing along any street, sidewalk or alley, shall be fined in any sum not exceeding fifty dollars for every such offense.
SEC. 5. The Mayor may upon reasonable apprehension Dogsnot torun of danger from mad of rabid dogs isshe ' his proclamation forbidding dogs of every description from running at large within the city limits, and after such proclamation shall have been issued twenty-four hours, if any dog or bitch shall be found running at large in said city, except the same be securely muzzled with a strong iron muzzle, the same may be slain by any person whomsoever, and the owner ori keeper thereof shall forfeit and pay to the said city of Des Moines the sum of twenty-five dollars.
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for killing. -
SEC. 6. The City Marshal shall receive one dollar for Marshal's fees every dog that he may kill or cause to be slain and buried, and twenty per cent on all moneys received by him for taxes on dogs, the balance of which he shall pay over to the 'Treasurer, taking his receipt for the same.
SEC. 7. The tax on dogs shall be due on and after the first day of June of each year.
Passed Decomber 28, 1864 : Published March 0, 1865.
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NUMBER 12.
STREETS, SIDEWALKS AND LIGHTS.
AN ORDINANCE to provide for the Opening, Widening, Straightening, Improvement and Lighting of Streets, Alloys and Public Grounde.
SECTION 1. Be it ordained by the City Council of the City of Des Moines, That the City Council of said city may by a resolution adopted by two-thirds of all the members elected to the City Council, direct' and' order the improvement of any street or alley by the building, or repair of any sidewalk or sidewalks thereon, and the resolution therefor shall describe the kind and character of such improvement and the
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Making and repairing of sidewalks.
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1 at large after proclamation.
STREETS SIDEWALKS AND DIGITS
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material of which the same shall be constructed, and the time within which, and the street bor place along which, the same shall be; constructed.
SEc. 2. . Upon the petition for the building of repairing Two-thirds of of any sidewalks, of two-thirds of the owners of the property owners peti- to be charged with the costs thereof, the Council may order tioning. and direct the same to be done by resolution specifying the same, as in Section One above .!!
· Sec. 3. Whenever any such improvement is ordered, in Notice to build either of the methods above provided, a copy of the resolu- sidewalk. tion therefor shall be served, by the Marshal, as soon as practicable, upon each known resident-owner of property along the street or alley where such improvement is to be male: provided, that a failure to give such notice shall not Proviso. defeat or affect the right of the city to recover judgment for any such improvement when the same is made by the city, nor shall such failure affect the right of the city to enforce a against any lot or parcel of land upon or along which any such improvement may be made. | And such resolution shall bol publishel two successive weeks in the corporation newspaper, and in case the owner of property along any street or alloy where such improvement is ordered shall fail Upon failure to make the same within the time fixed in such resolution, to make it- then the City Engineer for Street Commissioner, as the provements. Council may direct, shall construct the same, by contract or otherwise, so soon as practicable, and shall return to the Council a detailed statement of the cost thereof opposite each lot for part of lot with the name of the owner of each Cost of im. lot or part of lot or parcel of land along which the improve- turned to ment has been made when the name of such owner is known Council. to him, and thereupon the City Council shall by resolution declare an assessment against euch such lot on part of lot, and the owner on owners thereof, if known, of the cost of such Assessment ijuprovement ; jand the Treasurer shall as soon as practicabilo cont. thereafter publish in the official city newspaper for one wook a copy of such assessment, and a notice that all persons linblo under such asgossment shall pay the amount assessed on them or their lots to the City 'fensurer on or before a day to be named | therein, and not indre than thirty days after . Such assessmonti was made .: And it shall be the duty of the person linble therefor to pay to |thio Treasurer the amount 'of their assessment respectively, brid in caso such assessment or any part thereof shall remain unpaid for forty days after the making of such assessment, the Treasure, shall deliver a list of the unpaid assessments, and of the persons and lots
provement fo-
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CITY ORDINANCES.
Collection of cost.
liable therefor to the City Solicitor, who shall proceed to collect the same by process of law, byj action either in law or equity, and if at law, it may be by suit before the Mayor of said city, and in any such proceeding. there shall Le recovered such assessment and ten per cent interest thereon from the time the same was made till judgment, and an additional five per cent on such assessment, and upon the collection of the judgment the City Solicitor shall pay over to the Treasurer such assessment and interest, and the costs recovered and unclaimed by the persons entitled thereto, and shall retain said five per cent to defray the expenses of collection ; and the Treasurer shall pay the costs aforesaid to the parties entitled thereto, if claimed within one year thereaf er, and not otherwise.
lines
SEC. 4. The curb-line of all sidewalks on streets not ... Sidewalk curb- exceeding forty feet in width, shall bl five feet from the outer line of the street; on all streets exceeding forty and not exceeding sixty feet in width the curb,line shall be eight feet from the outer line of the street;"on all streets exceeding sixty and not exceeding eighty-three feet in width, the curb-line shall' be ten feet from the outer line of the street; and on all streets exceeding eighty-three feet in width, the curb-line- of the sidewalks shall be twelve, feet from the outer line of the street.
Lighting streets.
SEc. 5. The City Council may by resolution adopted by two-thirds of the Councilmen elected, as provided in Section One hereof, or upon petition as provided in Section Two hereof, provide for the erection of street-lamps along any street or alley, and any such resolution shall provide for the purchase and erection thereof, and the return to the Council of the cost thereof, and thereafter the same proceedings shall be had for the assessment of the cost thereof on the lots and owners thereof, along the street on which the same shall be erected, and the collection thereof, as is provided in' Section Three of this ordinance. And the Council may in like manner provido for the lighting of any street or alley, and the resolution therefor shall provide for the return of the cost thereof to the Council, and the same proceeding, shall be had for the assessment and collection of the cost thereof for any stated time, from the lots and owners thereof along the streets or alleys' so lighted, as are hereinbefore provided for assessments and collections in Section Three.
Cost of to be assessed.
SEC. 6. The Council may by resolution adopted by two- Improve mont thirds of all the members elected to the Council, order and out of general direct the opening, straightening or widening of any street fund.
STREETS, SIDEWALKS AND LIGHTS
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in the manner provided by law, and the cost thereof shall be payable out of the general fund of the city, but the cost or un equitable proportion thereof may be thereafter assessed against the property on said street at the discretion of the Council as hereinafter provided!
ment out of . street fund.
SEc. 7. The Council may by resolution, provide for the Improve, grading, paving, planking or gravelling of any street or alley, or the building of any bridges thereon, or the con- struction of any culvert, drain ot seirer, or making of other improvements thereon, or for the lighting of any public. grounds or buildings used by the city authorities, and the' Street Commissioner shall proceed to make any improvement so ordered unless the same ist otherwise jordered in any such resolution ; and the cost thereof shall be paid from the road fund, or from the general fund of the city.
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SEc. 8. Whenever two-thirds in number of the real prop- Improvement erty owners along any street shall petition the Council for the by special as- grading, paving, planking, or macadamizing of the same, the sessments. Council may by resolution direct such improvement to bo made, specifying the time when and the manner in which and where the same shall be done; and thereupon the City" Engineer shall ostimate the cost thereof |and return such estimate to the City Council; and thereupon the Council may direct the Street Commissioner to perform such work, or thay let such work to the lowest responsible bidder, under such regulations as the Council may by resolution prescribe, and in either case such work shall be under the supervision af the City Engineer and, shall be approved by him before Payment therefor shall be made, and when such work is let by contract and the contract executed with sureties to be approved as the Council may direct, the Council thereupon shall assess the cost of such improvement, in such propor- tion as shall seem just and equitable, on the lots or lands opposite such contemplated improvement; but if such work is done by the Street Commissioner, without a contract. therefor, then he shall return to the Council, when the same is completed, a detailed statement of the cost thereof, and the Council shall then proceed to assess the cost thereof as in this section above directed; and in either case the same pro- ceedings shall be had for such assessment and the collection - thereof as are provided in Section Three of this ordinance.
SEC. 9. Whenever any street is graded, paved, planked, City engineer or macadamized, or any drain, bridge, culvert or newer is to supervise! work. constructed, or other work of permanent improvement is
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CITY ORDINANCES.
made, by order of the Council, in every case, whether donc by the Street Commissioner on by contract, the work shall be under the supervision of the City Engineer, and no pay- ment therefor shall be made, except upon the written certifi- cate of such engineer that such work has been done to bis approval and in compliance with the resolution or ordinance providing therefor, and also with the contract (if done by contract) therefor; and where partial; payments are sought prior to the completion of the work, such certificate shall also state that the amount: asked is within, the just value of the work done, and if done by contract that it is also in compli- ance with the terms of the contract.
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Cost of to be assessed on lots
Assessment ; how made.
Notice of.
Collection of assessment.
SEc. 10. Whenever two-thirds in number of the real Opening to., property owners along any street, or proposed street, shall of streets. petition the City. Council for the opening, widening or straightening of any such street, or proposed street, the City Council may by resolution direct the same to be opened, widened or straightenejl, in the manner provided by law; and thereafter the City Council may by resolution assess a part or all of the cost of such improvement on the lots or lands along, by, or through which such street may pass, as well on either side of as opposite to the place or places where such street may be widened, opened or straightenell, in such proportion as to the City Council shall deem just and equitable ; and prior to making such assessment the Mayor shall cause a notice to be published at least one week in the official newspaper of the city, notifying fall persons that the matter of such assessment will come before the City Council at a meeting therein to be named; and it shall be the right of . all persons interested in such assessment to be heard in person or by attorney, before the Council or a committee , thereof, on the subject of such assessment : provided, how- ever, that the giving of such notice and such hearing shall not be essentiaf to the validity of such assessment. In making such assessment it shall not be competent for the Council to assess any property situate farther from such improvement than the property of one!dr more of the peti- tioners asking for such improvement, in the same direction, When any such assessment is made, the same proceedings shall be had for the collection thereof as are provided in Section Three of this ordinance.
SEC. 11. The City Council may by a resolution passed by two-thirds of all the members of the Council voting therefor, direct the widening, opening or straightening of any street in the manner provided by law, and thereafter may
INTEMPERANCE.
assess the cost thereof on the lots or lands along, by or through which said street may pass, and the samo proceed- ings may be had for the assessment and collection, thereof as are provided in Sections Three and Ten hereof, except the Council shall not be limited as to the property which may be so assessed.
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- ------- be rendered separately. 1 Set. 12. In any action or proceeding for the recovery Action for. of any assessment on any persons or property, for any pur- pose provided in this ordinance, any number or all such persons so liable under any one assessment, may be included as defendants therdin ; but when two or more aro so made defendants in die same action, tlie judgment or decrge shall Judgment to be rendered separately against each person for the amount found properly chargeable against him, and if the proceedings are in equity, decroo may also be entered against each lot or parcel of lot or land, which decree may provide for the sale thereof, as the court may directs and in case any owners of property aro unknown it shall be sufficient to describe such as the uilknown owner of any specified lot or part of lot or land, and in any action under this ordinance it shall bo sufficient for a recovery to prove ithe performance of work, or material or lights furnished on or along the street or alley, wherever the property lies, which or the the owner of which is sought to be charged, and the assessment of the amount claimed ; and in any judgment jor decree where. there are several defendants, the court shall apportion the costs as to it shall seem just.
Passed Dec. 16, 1868: |Published Jan. 20, 1860.
NUMBER 13.
INTEMPERANCE
AN ORDINANCE For the Suppression of Intemperance.
SECTION 1. Belit ordained by the City Council of | Des Sale of liquor Moines, That no person shall manufacture or sell by him- prohibited. self, his clerk, steward or agent directly or indirectly, any intoxicating liquors, except as hereinafter provided. And the keeper of intoxicating liquor with the intent, on the part of the owner thereof, or any person acting under his authority or by his permission, to sell the same within thig; city, contrary to the provisions of this ordinance, is hereby
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CITY ORDINANCES.
Nuisance 1
prohibited, and the intoxicating liquors so kept, together with the vessels in which it is contained, is declared a nuis- ance, and shall be forfeited and dealt with as provided by ordinance for the Abatement, removal, or destruction | of other nuisances.
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Importers.
SEC. 2. Nothing| in this ordinance shall be construed to forbid the sale by the importer thereof, of foreign intoxica- ting liquor imported under the authority of the laws of, the United States regarding the Importation of such liquors, and in accordance with such laws: provided, that the said liquor, at the time of said sale by said importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be impor- ted, and is sold by him in said original casks or packages, and in said quantities only: provided, that nothing contained in this law sball prevent any person or person from manu- facturing in this city liquors for the purpose of being sold according to the provisions of this ordinance, to be used for mechanical or medicinal purposes.
Manufacture of, prohibited.
SEC. 3. Every person who shall manufacture any intox- icating liquor, as in this ordinance prohibited, shall be deemed guilty of a misdemeanor, and shall pay, on his con- viction for said offense, a fine of not less than ten dollars nor more than one hundred dollars ..
1 Penalty for selling.
Clerks liable as principale."
SEc. 4. If any person by himself, his clerk, servant or agent, shall for himself, or any person else, directly or indi- rectly, or on any pretense: or by any device, sell, or in consideration of the purchase of any other property, giye to any other person any intoxicating liquor, he shall be deemed guilty of a misdemeanor, and shall pay, on his first conviction, a fine of not exceeding twenty dollars and costs of prosecution ; and on every subsequent conviction for said offense, he shall pay a fine of not exceeding forty dollars and the costs of prosecution. All clerks, 'servants and agents, of whatever kind, engaged or employed in the man- ufacture, sale, or keeping for sale, in violation of this ordinance, of any intoxicating liquor, shall be charged and . convicted in the same manner| as principals may be, and shall be subject to the penalties herein provided. Informa- tions for violations under this section may allege any num- ber of violations of its provisions by the same party, but the various allegations must be contained in separate counts, and the person so charged may be convicted and punished
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INTEMPERANCE:
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, for each of the violations so alleged as on separate informa- tions; but a separate judgment must be entered on each count on which a verdict of guilty is rendered,
SEc. 5. No person, shall own or keep, or be in any Way Keeping, with concerned, engaged or employed in owning or keeping any intent to sell intoxicating ligubr with intent to sell the same in this city, (or permit the sime to be sold therein) in violation of the provisions of this ordinance ; and any person who shall so own or keep, or be concerned or engaged or employed in owning or keeping such liquor with any such intent, shall be deemed guilty of a misdemeanor, and shall, on his first con- viction for said offense, pay a fine of not exceeding twenty dollars, and the costs of prosecution, and upon every subse- quent conviction he shall pay a fine of not exceeding forty dollars. And unon the trial of every indictment or informa- Keeping, pre tion for violations of the provisions of this section, proof of sumpove ovi- the finding of the liquor named in the information in the denco of guilt. possession of the accused in any place except his |privato dwcliing-house,for its dependencies, (or in such dwelling- House or dependencies, if the same be a tavern, public eating- House, grocery, for other place of public resort,) shall be received and acted upon by the count as presumptive evidence that such liquor was kept or Held for sale contrary to the provisions of this ordinance.
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SEC. B. In case of Violation of the provisions of either Liquorishop of the three preceding sections, the building on erection of nuisance. whatever kind in or upon which such unlawful sale or manu- facture, or keeping with intent to soll, of any intoxicating liquor is carried on, or continued of exists, is hereby declared a nuisance, and may be abated as ordinance provides, and in addition to the penalties in said sections, whoever shall erect or establish, or continue or use any building, erection for place for any of the purposes prohibited in said sections, - ishall be deemed guilty of a nuisance, and may be prosecuted and punished accordingly in the manner provided by ordi- Dance.| And proof of the manufacture, sale, or keeping with intent to sell, of any intoxicating- liquor in violation of the provisions of this ordinance in or upon the premises described by the party accused, or by any other person under the authority or by the permission of the party accused, shall be deemed sufficient as presumptive evidence of the offense provided for in this section !!
SEO. 7. If any person shall be found in a state of intox- Drunkennes. ication, he shall be deemed guilty of a misdemeanor, and the Marshal may, without warrant, and it is Hereby made liis
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CITY ORDINANCES. 1
duty to take such person into custody, and to detain him in some suitable place, till an information can be made before the Mayor, and a warrant issued in due form, upon which he may be arrested and tried, and a fine of not exceeding twent;
if found guilty, he shall pay dollars and the cost of pros- ecution. But the Mayor, before whom such person is tried and convicted, may remit any)
portion of such penalty and order the prisoner to be discharged upon his giving informa- tion under oath, stating when where and of whom he pur- chased or receivell the liquor which produced the intoxication, and the name and character of the liquor obtained.
In cases arising under this section, appeals may be allowed as in cases of ordinary misderjeanor within the jurisdiction of the Mayor.
Information.
SEc. 8. In any information: arising under this ordinance, it shall not be necessary to set out exactly the kind or quantity of intoxicating liquors manufactured or sold, or kept for purposes of sale, nor the exact time of the manufacture, or sale, or keeping with the intent to sell, but proof of the violation by the accused of any provisions of this ordinance, the substance of which violation is briefly set forth |within the time mentioned in said information, shall be sufficient to, convict such person ; nor shall it be necessary in any infor- mation to negative any exceptions contained in the enacting clause, or elsewhere, which may be proper ground of defense ; and in any prosecution for a second or subsequent offense, as provided in this ordinance, it shall not be requisite to set forth in the information the record of a former conviction, but it shall be sufficient briefly to allege such conviction; nor shall it be necessary in every case to prove payment in order to prove a sale within the true meaning and intent of this ordinance, and the person purchasing any intoxicating liquor sold in violation of this ordinance shall, in all cases, be a competent witness to priere such sale. ..
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