USA > Iowa > Polk County > Des Moines > Des Moines and Polk County, Iowa, City Directory 1869 > Part 21
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Penalty.
SEC. 3. Any person who shall hereafter erect or cause to be erected, or establish by removal or otherwise, upon any lot or part of lot within the limits and boundaries mentionell and described in Section Twa hereof, any building, or addi- tion to any building, in length, breadth, hight or otherwise, except the outer walls of the same be composed of iron, stone, brick and mortar, or other nou-combustible material, shall be deemed guilty of chusing a nuisance, and shall be subject to a fine; and any building, or addition to any building hereafter erected or established within said limite, contrary to the provisions of this fordinance, shall be helll and declared to be a nuisance, and may be proceeded against and abated as in the case of other nuisances.
Additional remedies
Abatement of wooden build- ings.
Sec. 4. In addition to the remedies provided in Section Three hereof for the enforcement of the provisions of this ordinance it shall be lawful for the Mayor or City Marshal whenever any building is fofind to be in course of erection or establishment by removal or otherwise, upon any lot of part of lot within the limits lefined in Section Two hereof, contrary to the provisions of this ordinance, to notify the owner, or agent of the ownerf or the persons engaged in the building or establishing by removal or otherwise of any such building or addition to any building to desist from the pros- ecution of such work and abate the game, and if the same is not abated and removed within such reasonable time as may be required, it shall be lawful for the Mayor or City Marshal .| to enter upon the premises and remove and, abate such building or addition and the owner of such building shall
WEIGHTS AND
MEASURES
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pay all the costs and expenses of such abatement and removal and the material of which the same is composed, and all building material found on the promises for the purposes of such erection may be held as security for such costs : provided, the material so held shall not exceed in value twice the amount of such costs and
expenses as nearly as may be conveniently estimated. The proper officers of the city may also if they eldet proceed in the name of the city to procure an injunction against the establishment of any building or addition to any building contrary to the provisions of this ordinance.
Passed Dec. 18, 186$ | Published Jan. 30, 1869.
NUMBER 20.
WEIGHTS AND MEASURES.
AN ORDINANCE Regulating Weights and Measures, and Providing for the Appointment of a City Inspector and Sealet: of Weights and Measures and Weighers. F
SECTION 1. Be it ordained by the City Council of the City City council to of Des Moines! That it shall be the fluty of the City Council urpoint. to appoint annually a City Inspector and Sealer of Weights and Measures in and for the city of Des Moines,' whose duties and compensation shall be jas prescribed in this ordinance.
SEC. 12. That hereafter all weights and measures used Weights and 1 . within this city, shall be regulated and sealed according to mpasurers to the standard adopted by the State of Iowa, which shall be ? bo sealed. the standard adopted by this city.
SEG. 3. The City Council shall procure a full, correct Standard. and approved set of such standard weights and measures, with their necessary subdivisions, together with the proper/ beams and scales for the purpose of testing and proving by said standard the weights and measures used in this city.
SEC 4. It shall be the duty of the Inspector and Sealer Council to pro- of Weights and Measures at least once a year, and oftener and seals. cure standard when required by the Council, to examine and test the accu- racy of all wdights, and measures, scales, beams, steelyards, Duties of in- or other instruments for things used by any person .for Reotors and iscalore. weighing or measuring any article for sale in this city, and;
itb stamp with a suitable seal all weights, measures scales; beams, steelyards, or other instruments so used which ha
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CITY: ORDINANCES.
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Stamp. Weights, &c.
Condemn in- correct weights AC.
Unlawful to use without; scaling.
Penalty
Altering Weights, Ad.
Penalty.
Fores for in- specting
Pay for em! ployel labor.
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To charge hut ofice a year;
Exception.
may find correct, and deliver to the owner thereof aber- tificate of their accuracy; and condemn all weights, nfjas- ures, scales or other instruments found incorrect toon inspection, and to notify the owner thereof to have the same corrected and made to conform with the standard adopted; and if any such weighing or measuring instrument is of such a character that it can not be thus corrected, said sealer to destroy the same. Any person refusing to exhibit any weights, measures, scales or other instrument fusedy for weighing or measuring, to said sealer for the purpose of inspecting and sealing, or shall hinder or obstruct him in the performance of his duty, shall be subject to a fine of not. more than 'ten dollars for every offense.
Suc. 5. It shall be unlawful for any person to make use of the weighting instruments commonly known as spring balances, or to make use of any weights, measures, scales or other instruments, for weighing or measuring any article. for sale in this city, until the same has been duly exant hed and sealed by the City Sealer, ander a penalty of not' less' than five normore than twenty five dollars for every offcase; and any person or persons altering any weights, measures, scales or other instruments used for weighing or measuring after the same has been examined and sealed, causing them to weigh or measure incorrectly, shall, upon conviction thereof before any court having jurisdiction, be fined in any sum not exceeding one hundred dollars.
SEc. 6. The Inspector and Sealer of Weights and Meas .: ures shall be entitled to demand and receive for his services from the personj for whom the services were rendered, the following fees, viz: For inspecting and scaling platform- scales of five thousand pounds and upward, including weights, one dollar; of less denomination, including weights, fifty cents. | For inspecting and sealing large beams weighing one thousand pounds and upward, including weights, fifty cents ; of smaller denominations, including weights, twenty- five cents ; counter-scales, including weights, twenty conts; for comparing amt sealing any bushel-measure for over, ten cents ; for less denomination, each five cents; for comparing and sealing all liquid-measures, each five cents ; for compar- ing, inspecting and sealing cloth and board-measures, each yard or measure five cents; for inspecting and testing the several large scales of the city for weighing hay, coal or other coarse commodity, one dollar each; and when he is, obliged to employ labor or material to make the same accurate, he shall be entitled to a just, compensation therefor.
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WEIG ITS AND MEASURES; -
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But it shall not be lawful for the inspector to make the hforcsaid charges for inspecting and scaling weights, mens- ures anil scales| oftener than once in each year, unless the same shall He found not conformable to the standard adopted
SEO. 7. It shall be the duty of said sealer to keep a Register to bb register of all weights, measures, scales, steelyardy, or other'kept. instruments inspected and scaled by him) in (which he shall state the owners' names, and the time of sealing the same, and he shall report to the Council the names of all persons Report to whose weights or measures were by him found incorrect, council. and deliver his books, papers and other things pertaining to said office to his successor.| Said seeler shall give bond to Bond. the city in the sum of five hundred dollars for fhd faithful performance of the iluties of his office. 1
SEC. 8. The City Council shall from time to time appoint City appoint one or more persons as City Weighers, whose duty it shall weighers. be to weigh hay and coal, and measure wood, and cach of them sball keep a record of the weighing ang nicasuring of |the date, loading, each Joad weighed or measured, stating woiglit or measure of the same, for whom the service was performed and the amount charged | therefor | and | shall give a certificate of the true weight and tare, of measurement therebf, which certificate shall be delivered with the lead to the purchaset. Such weighers and measurers shall each Bond. give bond to the city, to be approved By the Mayor, in the sum of five hundred dollars for the faithful performance of the duties of his office, and shall hold his office for one year from the date of his appointment, unless sooner removed by the Council.
Sib. 9. It shall be the duty of every person selling or Vendors shall offering for sale, any hay, stone, coal, or wood, by the load "feighand macasuru. in any wagon or other vehicle upon any street, alley or public ground within the limits of this city and not having a statek place for such business in said city, to have, if bay or coal, such hay or coal weighed, or if woodl', such wood meas- ured, by one of said city weighers.
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Sec. 10. Every person keeping a wood yard in this city Wood yards. and selling wood in small quantities, or in a manufactured' stato, shall deliver to the purchaser thereof a ticket setting forth the quantity so sold in cords, or fractional corda, and any person delivering a less quantity than set forth in such ticket shall be deemed guilty of a misdemeanor.
Stc, 11. Such weigher shall charge ten conts for each Weigher's fees load weighed, and ten cents for each empty vehicle weighed, and ten cents for leach cord or part of a cord of wood
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CITY ORDINANCES.
Stamp. Weights, de.
may find correct, and deliver to the owner thereof a cer tificate of their accuracy, and condemn all, weights, meus- ures, scales jor other instruments found incorrect upon inspection, and to notify the owner thereof to have the same corrected an | made to conform with the standard adopted; and if any sushi weighing or measuring instrument is of such a character that it can not be thus corrected, said sealer to Condemn in- destroy the same. Any person refusing to exhibit any correct weights weights, measures, scales or other instrument used for weighing or jmeasuring, to said scaler for the purpose of sealing, or shall hinder or obstruct him in the of his duty, shall be subject to a fine if not. dollars for every offense.
Unlawful to use without wadling.
Penalty. . .
Altering weights, So.
Penalty.
Sees for in- specting
SEG. 6. The Inspector and Sealer of Weights and Meas --- ures shall be entitled to demand and receive for his services from the person for whom the services were rendered, thy following fees, viz: For inspecting and scaling platform scales of ffiva thousand
Pay for em- ployed labor. --
'T, charge but ' lite a year.
ing, inspecting 1
Exception.
inspecting an. performance more than ter Sic. 5. I. shall be unlawful for any person to make use of the weighing instruments commonly known as spring balances, or jo make use of any weights, measures, scales or other instruments, for weighing for measuring any article for sale in this city, until the same has been duly examined and sealed by the City Sedler, under a penalty of not less than five nor hore than twenty five dollars for every offense; and any person or persons altering any weights, treasure", scales of other instruments used for weighing or measuring after the same has been examined and sealed, causing thew to weigh or measure incorrectly, shall, upon conviction thereof beforefany court having jurisdiction, be fined in any sum not exceeding one hundred dollars.
pounds fand upward, including weights, one dollar : of less denomination, including weights fifty cents. E'pr inspecting and sealing largo beams weigliing one thousand pounds and upward, including weights, fifty cents ; of smaller denominations, including weights, twenty five cents: co inter-scales, including weights, twenty costs for comparing and sealing any bushel-measure for over, ter cents ; for less, denomination, each five cents; for comparing and sealing all liquid-measures, each five cents ; for compar- and sealing cloth and board-measures, each yard or measure five cents: for inspecting and testing the several large scales of the city for weighing hay, coal or other coarse commodity, one dollar each; and when he is obliged to employ labor or material to make the same accurate, he shall be entitled to a just compensation therefor.
WEIGHTS AND MEASURES.
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But it shall not be lawful for the inspector to make the storesaid charges for inspecting and sealing weights; meas- ufes and scales offener than once in each year, unless the same shall be found not conformable to the standard adopted SEC. 7. It shall be the duty of said sealer to keep a Register to be register of all weights measures, scales, steelyards, or other kppt. instruments inspected jand scaled by him, in which he shall stato the owners' names, and 'the time of sealing the same, and he shall report to the Council the names of all persons Report to ? whose weights or measures were by him found incorrect, council. and deliver his books, papers and other things pertaining to said office to his successor. Said seglet shall give bond to Bond. the city in the sum of five hundred dollars for the faithful performance of the duties of his office.
SEE 8. The City Council shall from time to time uppoint City appoint `que ar moto persons as City Weights,
whose duty it shall, le to weigh hay and coal, and measure wood, and then' of them shall keep a record of the weighing and measuring of ach ilbud weighed dr measured, stilling the date, Ipading, velgit or measure of the same, for whom the service was performed and the amount charged therefor. and shallygive ilcertificato of the tree weight and tate of measurement thereof which certificate shall be disivered with the load to the purchaser. | Such weighers and measurers shall each Bond. give bout to the city, to be approved by the Mayor, in the sum of five hundred dollars for the faithful performance of the duties of his office, and shall hold his office for one year from the date of his appointment, unless sooner removed by the Council.
weigher ?. 2
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It shall be the duty of every person selling for Vendors shall offering for sale, any hay, stone, coal, or wool, by the lond weigh and measure.
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- m any wagon of other vehicle upon any street, alley or public ground within the limits of this city and not having a ! stated place for such business in said city, to Have, if hay or coal, such hay or coal weighed, or if wood, such wood meas- ured, bly one of said city weighers. SEC. 30. Every person keeping a wood-yard in this city Wood-yards.
and selling wood in small quantities, or in a manufactured state, shall deliver to the purchaser cherpof a ticket setting . forti the quantity, so sold in cords, or fractional cords, and any person delivering a less quantity than set forth in such ticket shall be deemed guilty of a misdemeanor.
SEC. 11. Such weicher shall charge ten cents for each Weigher'd fees load weighed, and ten dents for each empty vehicle weighed, and ten cents for each cord or part of a cord of wood
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CITY ORDINANCES.
Hay. grain, wood and cost to be weighed.
I'mes for
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License for realer.
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Sec. 12. That all persons now owning or renting hay- scales, for any other scales, used, being built or to be erected on any sheet, alley or public grounds within the limits of this city, spa'l annually obtain. a license therefor from the Mayor; the terms of such license shall be ten dollars per annum, and give a bond as provided by Section Three of this ordinance: provided, that no scales shall be erected upon any street orfalley or public ground except by permis- sion of the City Council.
Sime
SEc. 13. : That all persons having, or who shall hereafter erect scales on private property within the limits of the city, to be used for hirefor using the same for a compensa- tion, shall procure a license as provided in the preceding section | prodidet, that no person shall receive a license jmder this or the preceding section unless he shall file: with the Mayor hacertificate front the Inspector of Weights and Measures of this city that his scales are correct, and give a bond as provided by Section Three of this ordinance
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Inspector's certificate.
Ser. 04. |That all persons owning or renting scales who Licensed weigher's fees. bave been duly licensed as provided by this ordin,unep imay collect the same fees as the City Weigher, and shall give to each person having any commodity weighell, a certificate of the true weight and tare of the same, SEc. 16. That the inside half of the street around the Market places. Court House Square shall be the hard coal- and wood-mar- Penalty. ket of the west side of the city, and Fifth street between Keokuk street and Walnut street, on the east side of the city, and all persons offering any of such commodities for sale shall not occupy any other place or street than such markets with their loads while waiting to sell the same, without a permit from the City Marshal; and it shall be the daty af all persons occupying either of said markets to use the sides of the streets find not obstruct ther passage of teams through the center of said streets.
measured, but where more than two cords are measured together all dver two cords shall be measuredl at five cents per cordi provided, that nothing in this ordinance shall be so construed as to prohibit any person from selling on con- tract two or more cords of food and have the same corded, but the parties failing to agree as to the amount so corded shall procure the services of the city weigher who shall measure the same and be entitled to the fees provided for in this section. [ And in the measurement of all wood under this ordinance, one hundred and twenty-eight solid feet shall be the standard of a cord.
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HAY STACKS-COAL-MINES.
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SEc. 16. Any person violating any provision of this Penalty. ordinance shall be subject, upon conviction, to a fine of no more than ten dollars, except in cases otherwise provided for.
Passed December 18, 1868 : published August 30, 1869.
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NUMBER 21
HAY-STACKS
AN ORDINANCE Regulating the Stacking of Hay Grain and Fodder. SECTION 1. Be it ordained by the City Council of Des Stacks to be 60 Moins, That no person shall stack any hay, pats, wheat, houset. feet from shaw, or other grain or fodder, within a less distance than sixty fect from any house or other building used as a dwelling, or in which fire is made or kept.
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SEal 2. No person shall cover, on continue to keep cov- Straw covered ered after the passage of this ordinance any barn, stable or . sheds to be 60 shed with hay, straw or stalks, which is within sixty feet of houses.
feet from ally dwelling, or building wherein is kept or used any fice.
Sec. 3. Any person violating any provision of this Penalty. ordinance, shall be subject to a fine not exceeding twenty dollars; and the City Marshal shall remove any of said Marshal to re- combustible substances situate nearer any dwelling than move. : sisty fect, unless the owner shall remove the same within. three days after notice to do so, given verbally or in writing byany oflicor of the city.
Tthseed Doc. 29, 1864: Publishel March 24, 1845.
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NUMBER : 22.
CDAL-MINES:
AN ORDINANCE Authatizing the Survey of Conl-inines .!.
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- MRECTION 1. Be if ordained by the City Council of the City Engineer to of Des Moines. That it shall be the duty of the City Engin- survey. ceny upon payment to him of five dollars, to make an accurate sufvey and plat of any coal-mine, or entrance to, or " drift " of any coal-mine, within the city, at the request of any - ... person.
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Mines to be open for sur- vey.
Penalty for obstructing ' survey.
Mining on property of city and of individuals prohibited.
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CITY ORDINANCES.
SEc. 2. It shall be the duty of every person owning, occupying, or having the care, management of control of any coal mine or coal bank of drift, within the limits of the city, to permit the City Engineer, or any surveyor with his assistants, to enter any such coal-mine, bank | or drift, or entrance thereto, and make a survey and plat thereof, and any person who shall hinder, obstruct or prevent any such survey, or who shall fill up or obstruct or render insecure any entrance to any coal mine for the purpose of preventing any such surrey, dr who or property, or assault off
shall threaten injury to the person any person procuring such survey to be male, por of any person engaged in making, or assisting to make or attempting to make any such survey, shall, upon conviction, be subject to a fine not exceeding one hundred dollars, and imprisonment till such fine is paid or such person discharged by due course of law. -
SEc. 3. So person shall, without proper authority so to do, dig or remove, or be in any wise concerned in digging or removing any coal or other mineral from any street, alley or public ground within the city, or from any lot of parcel of land owned by the city, or by another person, and Any person > violating this section, shall be subject to a fine not exceeding naty dollars.
SEC. 4. No person shall open, or keep open, any " drift," Coal bank en- trances pro- hibited in shaft, or entrance to any coal-mido or bank in, upon or along any street or alley, or public ground, without authority from greets and al: the City Council in writing so to dos and any person violat- ing this sdetion shall be subject to a fine ; and it-shall be the duty of the Street Commissioner to prosecute any person violating this section or Section Three of this ordinance. And it shill ie the duty of the City Engineer, at the request of the Street Commissioner, to survey and make a plat thereof, any epal-bank or coal-mine, or entrance thereto, and he shall be entitled to compensation therefor as for dther work done for the city. .
Passed December 9, 1864 :| Published March 25, 1865.
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STREETS.
NUMBER -
23
STREETS.
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AN ORDINANCE Prescribing the Use of Striets.
SECTION 1. Be it ordained by the City Chencil of the City The use of half of Des Moines, That there is granted to every person erecting the street granted to any building along any street, the privilege of using one half builders. of the street in front of the lot wherepn sich building is being erected, for depositing thereon the materials for such building, but such privilege, shall not extend to any one person for a longer period than four months, provided it shall be competent for the Council to extend such time by resolution ; and provided further, that such material shall be removed from the street at any time when required by the Street Committee.
SEC. 2. No person shall crect along, in, or upon any Hitching posts, street or sidewalk, any sign-post of other post, or any other obstruction: provided, however, that any person may erect awnings, signs, &c. | suitable hitching-posts, with or without Fails! in front of his premises, four feet in hight, and avning posts at the curb- line of sidewalks: and further provided, that no awning or igm shall be suspended or in any way erected over the side- walk at a less light than nine feet from the sidewalk, and all whings heretofore erected shall be made to conform to the requirements of this section.
1 SEC. 3. No person shall erect or keep any stand for the Street stands sale of fruit or catables or other substances or commodities prohibited. . on any sidewalk or street, and no person shall use or occupy any part of a street or alley with any vehicle for the sale therefrom of any such articles : promoted, this section shall not apply to peddlers licensed under the ordinance therefor : provided, the prohibitions of this section shall not apply to farmers and others disposing of their own productions.
SEG. 4. It shall be unlawful for any person to plant trees Planting of in or upon jany street outside the: line :established as the trees regulated curb-line of sidewalks on such street, nor more than one foot from such curb line toward the outer line of the street. All trees now standing or growing within or between the i curb-lines of the sidewalks on any street, or more than two feet from the" curb-line toward the outer line of the street shall be removed whenever required by the Street Commis -. sibtier and a majority of the Street Committee. 5
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CITY|
ORDINANCES.
Persons and vehicles meeting.
SEd. 5. Hach person or team meeting another on any street or side walk shall pass, or turn, to the, right, so as to allow uninterrupted passage of such person or vehicle.
SEC. 6. iny person fiblating or failing to comply with any provision of this ordinance shall be subject to a fine not exceeding twenty dollars.
Passed Des. 21| 1868 : Published Jan. 31, 1869.
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NUMBER 24.
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CEMETERY.
AN ORDINANCE for the Regulation and Government of the Cemetery Grounds
Regulation of;
cometory; 1
! SECTION 1 Be it ordained by the City Council of Des Moines, That the cemetery grounds of the city shall hereal- ter be under the control of a committee of three. !
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