USA > Iowa > Polk County > Des Moines > Des Moines and Polk County, Iowa, City Directory 1869 > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26
SEC. 9 | Any person who shall mix any intoxicating Mixed liquors. liquor with any beer, wine or cider by him sold, and shall sell, or keep for sale as a beverage such mixture, shall be deemed guilty, under Section Four of this ordinance, and shall be punished accordingly
Exceptions.
SEc. 10. The provisions of this ordinance shall not apply to such persons as shall be er titled " to buy and sell intoxi- cating liquors for mechan cal, medicinal, culinary, and sacramental purposes only," under the provisions of Chap- ter One Hundred and Fifty-geven of the acts of the Sixth General Assembly of the State of Iowa, as amended by
---
1
NUISANCES.
39
Chapter Ninety-four of the acts of the Ninth General Assembly of the State of Jowa. W ' Sto. 11. In all cases of conviction under this ordinance, Imprisonment .. the court shall enter an order, as part of the judgment; in the caso, that the defendant shall be committed to the jail of Folk county until the fine and costs are paid, or the defendant discharged by due course of law.
Passed December 29; 1804 : | Published March IJ, 1865.
-
NUMBER 14.
NUISANCES.
An ORDINANCE demming certain Nuisances and Providing for the Abatement
thereof. - SECTION 1 .: Be it ordained by the City Council of the What declared City of Des Moins, That all deall, putrid or decaying car- nuisances. casses, flesh, fish or vegetable, all deposits of manure, entrails, offajs, or other unwholesome substances, or filth of any kind or description, all filthy or offensive water, or slope, when thrown or conducted upon any street, alley or enclosure, so as to be upwholsome; all priviest or slaughter-Honses that 1 have become offensive from use all pork-houses, markets, cellars, stores, or other buildings of places which are not kept clean and free from all filthy, putrid and unwholesome sub- stanice ; all substances or deposits which are offensive, of liable to engender or cause disease; any lot which retains To beremoved. water until it becomes stagnant, or any article of substance placed upon any street, sidewalk, alley or public ground, sp as to obstruct the same, are cach and all hereby declared to be nuisances, and as such, are liable to be abated.
SEC. 2. Whoever shall cause, continue or keep any. Penalties. nuisance, or permit any nuisance to exist inion upon any place or premises under his control, shall, upon conviction; be subject to a fine of not exceeling twenty dollars for the first offense, and of not exceeding forty dollars for any sub- sequent offense and costs ; and in case of a continuance of such nuisance upon conviction, the offender shall pay a fine the amount of which shall be the aggregate of ten dollars for each day such offender shall continue buch nuisance after his first conviction thereof. And in all cases of conviction under this ordinance, wherever it shall appear to the court
40
.
CITY ORDINANCES.
that such nuisance exists at the time of conviction, the court shall order and adjudge the removal or abatement, or. destruction, as the case| may require, of such nuisance, and therefor shall issue his separate warrant, and the court shall inquire into the probable cost of such removal or abatement, or destruction, and shall tax the costs thereof to the defend- ant, and the warrant for such removal or abatement, or destruction, shall also dircet the Marshat or officer serving the process, to make such costs from the property of such "defendant.
SEc. 3. It shall be the duty of all persons to remove and Dead animals, bury beyond the city limits the carcasses of all dead animals owned by them, and whoever ishall suffer or allow the carcass of any horse, of or other aniinal belonging to' him or in his charge, which may come to its death from any cause, to lie enburied, or draw and deposit the same upon the banks or shores of any waters, or in or upon any street, alley, lane, ! public or private groutids within the city, without burying the same, he shall be deemed guilty of causing a nuisance, and upon conviction shall be fined as provided in Section Two of this act.
Penalty.
SEc. 4. Whoever shall so keep any premises as to be injurious to the health of or offensive to the neighborhood, or to any private family or person, or infurious to the public health, he shall be deemed guilty of causing a nuisance, and !! upon conviction, shall be punished as provided in Section Two of this ordinance.
'SEc. 5. It shall be the duty of the owner, agent or occhi- Owner of lot to pant of any lot, building, or place of any kind, where any Tomove. nuisance may exist, to. remove or abate the same without delay, when notified by the Marshal, or any member of the Board of Health. Every refusal or neglect so to do shall subject the offender, upon conviction, to a fine not to exceed twenty dollars, and it shall 'be the duty of the Marshal, or the Board of Health, or souje member thereof, whoever may be cognizant of the facts, to inform of Such offender before the Mayor, and to advise the City Solicitor of the facts and proofs in the case.
I Carcass, .
SEC. 6. Whenever jany carcass of any dead animal or other offensive substance injurious to the health of the public, or of persons in its vicinity, is found upon any ground, or in any place, for the removal or abatement of Board of which no person can be found liable, it shall be the duty of . health to abate the Board of Health, or Mayor, to cause the same to be nuisance. removed or abated at the expense of the city, and it shall be
NUISANCES
41
the duty of the Marshal to remove or abate the same upon the written order of the Mayor! 'SEC. 7. |Ant lot or parcel of land whereon water becomes Low ground
a
g_ nuisance.
stagnant, is declared a nuisance! and the Council may by res-
polution order the same to be raised or filled up, or drained in such time and manner as they may direct, and a copy of such resolution shall be served upon the owner, or agentfor attorney of the owner, of such tot or parcel of land, person- ally or by publication thereof, for two successive weeks in some newspaper of general circulation in the city, and in ! case of a failure to comply with such resolution, the Street Proceeding Commissioner shall perform the services required thereby, and All up in such case he shall return to the Council a detailed state- ment of the post thereof, which shall be paid by the city, and the city shall recover the cost thereof, by action, as by law provided, and shall have a lien on such lot or parcel of land therefor, from the time of the passage of the resolution ordering such improvement, and to be enforced as provided by law.
to
į
SEC. 8. In addition to the remedies above provided for Abatement of the abatement of nuisances, it is hereby ordained that when- nuisance. ever any nuisance, source of filth or cause of sickness is found upon private property, the City Marshal by himself, his deputies on any policeman may served ppon the owner , occupant, or agent of such property, a notice in writing by Notice to own- reading such notice ,to such owner, occupant, or agent, and ers, occupants, delivering to him a copy thereof, requiring him immediately and agents to abate and remove such nuisance, source of filth or cause of sickness, within twenty four hours from the time of the ser- vice of such notice ;- and if such owner, bcoupant, or agent neglects or fails to remove and abate such nuisance, source of Forfeiture. filth or cause of sickness, within the' time prescribed in such notice, he shall forfeit to the city the sum of twenty dollars `for every day he permits such nuisance, source of filth or cause of sickness to remain after the time prescribed in such notice for the removal thereof, to be recovered before any Court of competent jurisdiction, and in case of such neglect or failure to remove and abate such nuisance, source of filth Marshal re- or cause of sickness, within the time prescribed, it shall be more lawful for the City Marshal to enter upon such premises and remove and abate such nuisance, source of filth or cause of. sickness, and all reasonable costs and expenses incurred in Cost recovered. the abatement and removal thereof shall be paid by such owner, occupant, or agent in addition to the forfeiture above provided.
Passed December 23, 1908 : Published January 27, 1889.
1. 42
CITY ORDINANCES.
NUMBER 15. JUDICIARY.
AN ORDINANCE Regulating Practice before the Mayor's Court.
SECTION 1. Be it ordained by the City Council of Des Moines, That all proceedings before the Mayor, civil and criminal, for any cause of action given or created by any ordinance of the city, shall be instituted and prosecuted in the same manner as actions of like character are by the laws of the State of Iowa, before Justices of the Peace, save as hereinafter provided.
Form of ac- tion.
SEC. 2. Actions for' finds and penalties may be pros ecutel either by civil proceedings, or by criminal proceedings at the option of the City Solicitor.
SEC. 3. Penal actions for the violation of any of the ordinances of this city, mint. be commenced in any of the following methods :
Informations. Ac.
i
First. - When the matter complained of was committed within the viewfor knowledge of the Mayor, he may direct the Marshal of the city, or any Constable of Des Moines town- ship, to arrest and bring such party before him forthwith, - without a warrant.
. Second-Whenever the Marshal, or any other officer, shall have arrested a party in pursuance of any ordinance authorizing him to arrest offenders without warrant, the Mayor shall entertain the cause and enter upon his docket the fart of the arrest, and how and by whom made, and of what offense the party is accused.
Third .- Whenever any sworn officer of the city shall make known to the Mayor the name of any person, or perf . sons who have violated any fordinance of the city, he may issue his warrant for their apprehension, without sueli information being verified byloath.
Fourth .- All other informations must be in writing, sub- scribed and sworn to by the individual making the same, and shall contain the name of the party,tiff the defendant bo known, and if not, then such name as may be given by the party complaining, also a statement of the acts constituting the offense, and the time and place of the commission of the sime, as near as may be. Affidavits of any other witnesses produced by the informant, may also be taken in support of the information, whereupon the Mayor inny issue his war- rant.
i
.
, 1
!
Actions prose- cuted.
i
.
JUDICIARY
43
SEC. 4. Whenever in any action in the name of the City, No fees to with judgment is rendered against the city, the informant and nesses and offi- any witnesses canmined before the issue of |warrant, and cases. pers .in certain the officer causing or making any arrest without warrant, shall not be entitled to receive any fees, nor shall any officer receive any fees for defective or insufficient issue, or service or return of any process.
SEC. 5. Any person in the custody of the Marshal for a Defendantmay violation of any ordinance, may be admitted to bail by giv. give bond, - inga bond to the city of Des Moines, in an amount to be fixed and with security to be approved by the Mayor, con- ditioned that he will appear on the day named in the bond before the Mayor, and answer the accusation for which the has been arrested and not to depart the court without leave, (chich bond shall be filed with the Mayor, and upon tho fail- Ard of defendant to appear, or upon other breach of the bond, Cefault shall be entered thereon, and action may be forth- with instituted thereon by civil process.
$Ec. 6. Appeals and all proceedings for, collection of Appeals. judgment, subsequent to the rendition of judgment, shall be Collection of the same as prescribed by the the laws of the State in cases judgment. of like character before Justices of the Peace.
SEC. 7. It shall be the duty of the Mayor to proceed Collect jung- with diligence, by execution or otherwise, to collect all judg- ment fot fines ments for fines, and if paid to him before execution issue, he shall receive the same and satisfy the' docket, and within thirty days thereafter pay the same over to :the City Treas- Pay over urer, taking two receipts therefor, one of which he shall filo money col- with the Clerk, and if paid after execution issue, the Mar- lected. shal, or the officer holding the execution, may receive the same; and whenever any money is collected by the Marshal ^pon execution, por from any defendant in his custody under A warrant after conviction, he shall pay over the same to the Mayor or Justice. of the! Reace issuing the process, which : shall be receipted for by such Mayor or Justice on the docket of the cause!
SEC. 8. The Mayor shall tax the same fees for himself Mayor to col- as costs in cases tried before him as Justices of the Peace, lect his fees! and shall also tax as costs the Marshal's fees, witness and. juror fees, in all such cases, and all such costs and fees shall bel recovered from the judgment-defendants, and when received by the persons entitled thereto | they shall receipt therefor upon the docket; and no such fees shall in any case bet recoverable in any manner from the city except where the City Solicitor instituted the action, and judgment was
44
CITY . ORDINANCES.
rendered against the city, and in cases where the defendant is insolvent and shallj so cor tinue for one month after judg ment against him; and in such cases any such officer of person claiming fees from the city shall present a proper bill therefor to the Council, and prior thereto shall receipt the docket in full for such fees as paid by the city.
Solicitor may dismiss case.
SEC. 9. It shall be competent for the City Solicitor to dismiss any action or proceedings on behalf of the city, and in any such case no costs whatever: shall be taxed against or recoverable from the city, et gept the Mayor's and Marshal's fees.
to be submit- ted to the so- licitor.
. SEc. 10. Whenever information is made jagainst any Doubtful cuses person ' before the Mayor, il shall be the duty of the Mayor to enquire into the proofs that can be produced in the case, and if he doubt their sufficiency he shall submit the same to the City Solicitor before issuing his warrant; and in all cases where the Mayor or any infermant has reasonable ground to believe any cause will be litigated, he shall first submit such proof to the City Solicitor.
SEc. 11. In any case where the defendant is imprisoned Judgment not for non-payment of any five, such imprisonment shall not satisfied by imprisonment. satisfy such fine or any part of such judgment, but execution therefor may issue against the property of the defendant at. any time within which execution may issue on judgments in civil cases before Justices of the Peace.
Passed December 28, 1864; Published March 14, 1865.
NUMBER 16 OFFENSES.
₱
AX ORDINANCE Creating and Defining certain Offenses and the Punishment thereof. and to Provide for the Good Order of the City.
SECTION 1. Be it ordained by the City Council of the City Unlawful as of Des Moines, Any three or more persons who shall assem- sembly. bie together within the city of IDes Moines, with intent to do any unlawful act with force and violence against the per- son or property of any individual or corporation, or to do any unlawful act against ; the public peace or quiet of the - inhabitants of said city, or being lawfully assembled shall agree with each other, to do? or without any agreement do, any unlawful act, shall be subject to a fine. 1
OFFENSES !!
45
SEC. 2. Every person who shall unlawfully disturb the Disturb quiet. 1
public quiet of any street, alley, avenue, public ground, or gny religious drlother public assembly, or building, public or private, or any neighborhood, private family or person, -
--- -
within the city! by giving false alarms of fire, by loud or unusual noise, by ringing bells, blowingi horns or other instruments; by indecent or obscene or profane language, I conversation or conduct, or by threatening, quarrelling, assaulting, fighting, or by any other device or means what- ever, shall be subject to a fine.
SEc. 3. Every person within the city, who shall suffer or Unusual noise. permit any liablgoing, quarreling, fighting, profane or obsceno language or conduct, or any unusual noise or affray in any house, or upon any premises owned occupied, or possessed, for controlled by him, in such manner as to disturb the neighborhood, or persons passing along the streets, shall be subject to a fine. ..
SEC. 4. Every person who shall appear in a public place Indecent con- in a state of nullity, or in a dress not belonging to his or duct. her sex, or in nn indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any lewd or indecent act of behavior, or shall exhibit, sell, or offer to sell any indecent or lewdrbook, picture, or other Lewd books. thing or shall exhibit or perform any indecent, Immoral, or lewd play, or other representation, shall be subject to a fine. T
SEC. 5. Every person who shall swim or bathe when Bathing in the naked or insufficiently clothed, in the Des Moines or Raddoon rivers, - rivers, in view of any thouse, shop, bridge or frequented street or road, between sunrise and one hour after sundown, - shall be subject to a fine.
SEC. 6. If any person shall inhumanly or cruelly best of Cruelty to api- abuse any dumb animal, he shall be subject to a fine! mals.
SEc. 7. Any person who shall indecently exhibit, or let Service of to service, any stallion, jack, or bull, within the city, shall Bulls, &c. be subject to a fine,
SEC. 8.Any person who shall take or use any ferry -boat, Loosing or skiff or other boat, the property of the city, or of another, moving boats. or Idosen the fustenings thereto, or break any chain, rope, 1 lock or other listening thereto, or unlock the fastening, or
remove such bont from the plade where it may be left by the owner, without the authority of the owner or other lawful authority, shall be found guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine.
SEC. D. Any person who shall drag, dip or in any man- Fishing in her use any seine or net in the Des Moines or Raccoon rivers;
1
46
CITY ORDINANCES.
.
rivers, within the city, for the purpose of catching fish, during the months of March, April, May and June, of each year, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to # fine.
Posting bills prohibited.
SEC. 10. Any person who shall paste, nail or by any means affix to; any building, erection or other improvement without first obtaining consent of the owner, agent or occu- pant thereof, or in any way affik to any public building or erection, any poster, show-bill, hand-bill, or other printed or written notice, shall be adjudged guilty of a misdemeanor and shall bo subject to a fine.
SEc. 11. Any person who shall leave any horse or mule Lerving horses or team of horses or mules alone upon any street, alley or Ac. unhitched. other public ground, while the same are attached to any vehicle, unless such horse or mule or team is securely fastened so as to prevent escape, shall be subject to a fine. And any person who shall obstruct any public street by leaving any wagon or other vehicle standing thereon for the purpose of feeding animals therefrom of for any other purpose, shall be subject to a fine. And it shall be the duty of the Marshal and police to remove any such vehicle or animals so found upon any street to some safe and suitable place to be deliv- ered to the owner or other person entitled to the possession thereof, upon the payment of the proper and necessary costs and expenses.
S.c. 12 .; Every person scho shalljon Sunday sell, show Selling on Sun- forth or expose to sale any kind of goods, wares, merchan- day prohib- ited. dise, wines, malt or spiritudus liquors, or chattels of any kind; or shall open any store, grocery, recess, room, apart- ment, saloon or shop, for the sale of malt 'or spirituous liquors or any other commodity, or shall allow persons to congregate therein on any and such day, for the purchase or use of any such wine, malt of spirituous liquor, or any other beverage or commodity whatever, or for any purpose by which the Sabbath shall be desecrated, or the public peace disturbed, or for the purpose of playing at any game at cards or dice, or any games by which money may be lost or won, shall be subject to an prrest by the Marshal, and when taken before the Mayor and convicted, shall be fined in a sum not exceeding twenty dollars for the first offense, and not exceed- ing fifty dollars for each succeeding offense: provided, it shall be lawful for druggists to sell medicines at all hours, and for dealers in bread, milk, ice and meat, to sell these articles before 10 o'clock in the morning, and after 4 o'clock in the evening.
OFFENSES.
47
SEC. 13. | If any person, being the keeper of any store, Gambling pot grocery, shop, recess or saloon, shall play any game of cards, permitted. dice, or other game of chance, or permit or allow any such gaines to be played in his store, grocery, shop, recess or saloon, by any person or persons for money, or any other thing of value, or for any checks, or any other thing or device representing money, or whereon or in redemption of payment of which, any money for other thing of value shall be paid, or agreed to be paid, shall be subject to a fine. M'SEC. 14. If any person or persons within the limits of Gaming and the city shall keep a disorderly or gaming-house, or House of houses of ill ill-fame, or brothel, or permit any house under his control to famb.
be kept for any such purpose, such person or persons shall be subject to a fine upon conviction thereof in any sum not exceeding fifty dollars for the first conviction, and ono Hundred dollars for any subsequent conviction. And in any prosecution before the Mayorlor other' competent tribunal, for any of the offenses named in this section, it shall be law. ful to sustain or rebut the offense charged by evidence of reputation.
SEC. 15. Any person who shall be found in or frequent same. any brothel; or house of ill fame, shall be subject to a fine. SEC. |16. | Any person found in any store, shop, saloon or Same. other place of business, after the close of the same for busi- pess, or in any room jor apartment, or building not used as a dwelling, with any common prostitute, shall be subject to a fine.
SEC. 17. Every | person | being a vagrant, mendicant, Vagrants, shall; upon. beggars and prostitutes.
street beggar, gambler or common prostitute, conviction, be subject to a fine. And in any prosecution before the Mayor brother competent tribunal, for any of the offenses namel in this section, it shall be lawful to sustain or tebut the offense charged by evidence of reputation!
1 SEC. 18. Every person found drunk or intoxicated,. in Drunkenness. any private house or place, to the annoyance of any citizen or person, or any person who shall be found intoxicated within the city shall be subject to a fine.
SEC. 19. The Mayor, of any Trustee, Marshal, or Police- Gaminginstru- man of| this city, may seize | or direct' to be seized, any destroyed. ments to be instrument, device or thing used for the purpose of gaming, or by, on or with which money or other articles of value; mayi be lost or won. And all such instruments, devices, or things, may be destroyed under the direction of the Mayor. SEC. 20. If any owner or keeper, or any other person within any gambling house or room, or any disorderly house,
48
CITY ORDINANCES.
Force entrance or any house of ill-fame, within this city, shall refuse to into gaming houses and houses of ill fame. Dermit the Mayor, or any Trustee, Marshal, City Constable, or Policeman, to enter the same, they shall be subject to a fine, and it shall be lawful for the Mayor, or any Trustee, or the Marshal, to enter the ame or cause the same to be entered by force by breaking the doorsfor otherwise, and to Arrest without arrest with or without warrant, all suspicious persons found warrant. therein ; and any person obs ructing or resisting the Mayor, Trustee, Marshal, or any police officer, in the performance gf any act authorized by this or the preceding section, shall De fined. - SEc. 21. No person shal fire or discharge any cannon, gun, fowling-piece, pistol, for fire-armas of any kind, or description' within the settlid portion of the city, without permission from the Mayor or Council, which permission shall limit the time of such firing, and may be revoked by the Mayor or Council, at any time after it has been granted; any violation hereof shall subject the party dr parties to a fine.
Firearms not to be dis- charged.
Poison to bo marked.
. SEC. 22. No person shall vend, give or deliver within this city, any deadly poison ; knowing the same to be such, Fithout marking the same i legible characters, "Poison;" any violation thereof shall si bject the offender to, a fine.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.