USA > Massachusetts > Middlesex County > Somerville > Report of the city of Somerville 1843-1859 > Part 16
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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 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40
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walks, and present the same to the Chairman of the Committee on Highways; and on the last day of each month shall prepare pay-rolls for other labor and for materials contracted for by him, and present the same, with the bills, to the Committee on High- ways.
SECT. 13. No person shall break or dig up any part of any street or common in the City without a written permit from some member of the Committee on Highways, or the Superintendent of Streets, or erect any building on any street or place, or deposit any building materials thereon, without first obtain- ing a written license from the Mayor and Aldermen, and complying in all respects with the conditions of said license.
SECT. 14. Every person intending to erect or to repair any building upon land abutting on any street in the City shall make the same known to the Mayor and Aldermen, who shall have power and authority to allot such portion of any street thereto adjoining as they, or some person duly authorized by them, shall deem expedient and necessary. All rubbish, or other substance arising therefrom or thereby shall be immediately removed by the person or persons so building or repairing, and in case of neglect or refusal so to do, the Super- intendent of Streets shall cause it to be removed at the expense of the person or persons so building or repairing, as aforesaid.
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SECT. 15. Whenever any street shall, under any license obtained as provided in the preceding sec- tions, be obstructed or otherwise rendered unsafe for travel, the person so licensed shall keep a suitable railing or fence sufficiently lighted every night round the section or part of any street obstructed so long as said obstruction continues. He shall, also, within such reasonable time as the Mayor and Aldermen direct, amend and repair such street to their accept- ance.
SECT. 16. No person shall make or maintain any gate, doorstep, portico, porch, bow-window, entrance, or passage-way to any cellar or basement, or any other structure projecting or swinging into or upon any street or sidewalk in the City without permis- sion from the Mayor and Aldermen. No person shall suffer the platform or grate of the entrance or passage-way to his cellar or basement in any street or sidewalk to rise above the surface thereof; and every such entrance or passage-way shall, at all times, be kept covered by a suitable and sub- stantial platform or grate, unless authorized to be kept open by the Mayor and Aldermen; and in case it shall be kept open, it shall be protected by a suffi- cient railing on both sides thereof, at least two feet and a half high, and well lighted at night. No per- son shall suffer his well, cistern, or drain in any street or sidewalk to remain open or uncovered, unless the same shall be enclosed by a strong and safe curb guard, or fence, and also, well lighted at night.
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SECT. 17. If any person shall dig any cellar or other cavity in the ground near to or adjoining any street, he shall, so long as necessary for the purpose, keep a railing or fence on or near the line of such street sufficient to protect travellers from falling into the place so dug, or being injured thereby.
SECT. 18. No person shall suffer his fuel, dirt, ashes, or other rubbish, or any other material to remain on any sidewalk, or any street over night, or in any manner obstruct any sidewalk or street- crossing constructed and designed for such purposes, without a permit from the Mayor and Aldermen, or play at any game of balls or footballs in any street of the City within one hundred and fifty feet of any dwelling, or fly any kite, or coast, or throw stones, or play at hurley, in any street of the City.
SECT. 19. No person shall saw any fire-wood or place the same upon the footpath or sidewalk of any street, or stand on any such footpath or sidewalk with his wood saw or horse. And no person shall place or cause to be placed upon such footway or sidewalk any coal, fuel, or any other article for more than two hours, and shall not suffer the same to remain there more than one hour after notice to remove the same, given by the Mayor and Aldermen or police officer of the City.
SECT. 20. No person shall move, or assist in moving, any building through any street or way
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in the City unless by written permission of the Mayor and Aldermen, under such restrictions as they may see fit to prescribe; but no permission shall be given, nor shall any building be ' moved, which will necessitate or cause the destruction, mutilation, or injury of any shade tree in or upon any street or highway.
SECT. 21. No person owning or having the con- trol of cattle or other animals shall permit or suffer such cattle or other animals to pasture upon any street or way in the City of Somerville, either with or without a keeper, except within the limits of such way adjoining his own premises.
SECT. 22. No person shall drive, wheel, draw, or place any coach, cart, hand-cart, hand-barrow, sleigh, sled, or other carriage or vehicle of burden or pleas- ure. whether of the same description or not, except children's hand-carriages, or hand-sleds containing children only, and drawn by hand, or any obstruc- tion, or drive or permit any horse, cow, goat, or other animal under his care to go or stand upon any footpath or sidewalk in the City.
SECT. 23. No person shall leave any vehicle or any other obstacle or article on any sidewalk, or in any street over night, or permit the same to remain there during the remainder of the night after hav- ing been left or placed there by him, or place any obstruction in any street at any time, without
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first obtaining a license from the Mayor and Alder- men.
SECT. 24. No person shall place over any side- walk in front of any building any awning or shade less than nine feet in height at the lowest part there- of; nor shall such awning or shade extend beyond the line of the sidewalk; and no person shall erect any post in any street or sidewalk for the support of any awning, or for any other purpose, except by license of the Mayor and Aldermen.
SECT. 25. No person shall expose in or upon any street or common any table or device of any kind by or upon which any game of hazard or chance can be played; nor shall any person play any such game at such table or device in or upon any street or common in the City; and no person shall place or keep any table, stall, booth, or other erection, in any street in the City, for the sale of fruit, or other thing, without permission first obtained from the Mayor and Aldermen.
SECT. 26. No person shall make any indecent figures, or write any indecent or obscene words upon, or mar, disfigure, or deface any fence, building, or other public place within the City; nor shall any person, by any noise, gesture, or other means, wan- tonly and designedly frighten any horse or horses in any street in the City; and no person shall behave himself in a rude or disorderly manner, or use any
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indecent, profane, or insulting language in any street, lane, alley, or other public place in the City, or near any dwelling-house or other building therein, or be or remain upon any sidewalk, or upon any doorstep, portico, or other projection from any such house or other building, to the annoyance or disturbance of any person.
SECT. 27. No person shall suffer his or her build- ing to shed water on any sidewalk or street in this City to the injury or inconvenience of passengers.
SECT. 28. No person shall make, or cause to be made, any aperture in or under any street or side- walk for the purpose of constructing coal-holes, or receptacles for any other articles, or for light and air, or for any other purpose, without the license of the Mayor and Aldermen; and no person shall leave such coal-hole or aperture open or unfastened, except while actually in use.
SECT. 29. No person in a nude state shall swim or bathe in any of the waters within or surround- ing the City so as to be exposed to the view of other persons in any street or house within the City.
SECT. 30. No person shall injure, deface, or destroy any guide-post or guide-board, any lamp- post, or lamp, or lantern thereon, nor any tree, building, fence, post, or other thing set, erected, or made for use or ornament of the City.
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SECT. 31. No person shall, except in the per- formance of some duty required of him by law, discharge any cannon, gun, or pistol, or other fire- arm, loaded with ball or shot, or with powder only; nor shall any person fire any squib, cracker, serpent, or other preparation whereof gunpowder is an ingre- dient, or which consists wholly of the same, or make any bonfire in or upon any street or wharf within the City, except by the authority of the Mayor and Aldermen.
SECT. 32. Any person who shall throw or put, or cause to be thrown or put, any snow or ice into any street in the City, except that removed from the sidewalks, shall cause the same to be broken up and spread evenly over the surface of the street, exclusive of such portion thereof as may be occupied by street railway tracks. But no person shall throw or put any snow or ice upon, between, or within two feet of any such tracks in any street or public place.
SECT. 33. The tenant, occupant, or any person having the care of any building or lot of land border- ing on any street where there is any foot-way or sidewalk, and in case there be no tenant, occupant, or other person having the care of the whole of any such building or lot, the owner thereof shall, after the ceasing to fall of any snow, if in the daytime, within six hours, and if in the night-time, before two of the clock in the afternoon next succeeding, cause the snow which shall have fallen upon such
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footway or sidewalk to be removed therefrom; and if he fails so to do he shall be punished by a fine of not less than two dollars, nor more than ten dollars, and shall also be liable to a similar punish- ment for each and every day that the same shall remain on such footway or sidewalk. The provis- ions of this section shall apply to the falling of snow from any building.
SECT. 34. Whenever the sidewalk or any part thereof adjoining any building or lot of land, or any street is encumbered with ice, it shall be the duty of the tenant or occupant, and in case there shall be no tenant or occupant of the whole of said building or lot of land, it shall be the duty of the owner or of any person having the care of the same, to cause such sidewalk to be made safe and convenient for public use and travel by removing the ice therefrom, or by covering the same with sand, or some other suitable substance ; and in case such tenant, occupant, owner, or other person shall neglect so to do for the space of six hours during the day time, he shall forfeit and pay a sum not less than two dollars nor more than ten dollars, and a like sum for each and every succeeding day that the same shall continue to be so encumbered.
SECT. 35. No person shall put, place, or cause to be put or placed upon any sidewalk or footway used as a common thoroughfare, any offal, manure, or any other offensive matter; nor shall any owner, tenant,
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occupant, or any other person having the care of any building or lot bordering upon any such side- walk or thoroughfare suffer or allow any such offal, manure, or any other offensive matter to be put or placed upon any such sidewalk.
SECT. 36. The foregoing provisions shall not be taken or construed as limiting in any manner the legal rights and duties of the Surveyor of High- ways to make any alterations and repairs in the streets which they may deem the safety and con- venience of the inhabitants, or the interests of the City to require.
SECT. 37. Any person violating any of the pro- visions of this Ordinance, except where a different penalty is otherwise specially provided in any section thereof, shall be liable to a fine of not less than one dollar nor more than twenty dollars; and to a like penalty for every day such offence shall be repeated or continued.
No. 17.
AN ORDINANCE RELATING TO COMMON SEWERS . AND DRAINS.
SECTION 1. Main drains or common sewers which shall be ordered by the Mayor and Aldermen to be made shall be laid in such places and manner, and shall be made of such materials and dimensions as the
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Committee on Sewers shall direct, unless the Mayor and Aldermen specially determine otherwise.
SECT. 2. Said Committee shall have full power to direct and control the places and manner of con- structing and entering all private drains entering such main drains or common sewers.
SECT. 3. Every owner of land adjoining a street in which there is a main drain or common sewer, if ordered by the Mayor and Aldermen, shall make a sufficient drain from his premises in such manner and within such time as the Mayor and Aldermen shall determine, who may cause the same to be done, if such owner neglects to comply with such order and determination, in which case the cost and expenses thus incurred may be recovered of such owner in an action in the name of the City in any Court of com- petent jurisdiction.
SECT. 4. Rain water may be conducted from buildings into main drains or common sewers only by tight water-spouts or tubes, laid under ground, and under the direction of the Superintendent of Sewers. No owner or tenant of an estate abutting on, or adjacent to, a street in which a public sewer has been constructed and for which sewer such estate has paid no assessment, shall be allowed to enter any private drain into said sewer, except for such natural surface drainage as has been intercepted by the con- struction of said sewer, or by other act of the city,
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unless said owner or tenant pay into the city treasury such fee as the Mayor and Aldermen may determine as just and equitable.
SECT. 5. Every person who shall enter a drain into a main drain or common sewer without a per- mit in writing from the City Engineer shall be liable to the penalties hereinafter expressed. Every per- son who shall enter a drain into a main drain or common sewer shall cause the same to be done in such a manner, and the street left in such condition as will be acceptable to the Superintendent of Streets.
SECT. 6. The Committee on Sewers shall have the direction and control, subject to the orders of the Mayor and Aldermen, of all the main drains and common sewers of the City, and of the construction, maintenance, repairs, and use of the same. The City Engineer, under the direction of the Committee on Sewers, shall have the supervision and control of the construction, alteration, and repair of such drains and sewers and all connections therewith; he shall cause accurate plans to be made of their depth, breadth, mode of construction, and general direction, insert the same in a book kept for the purpose, and cause to be inserted on said plans all entries into the same existing, and as they are thereafter made.
The Superintendent of Sewers, subject to the direction of the City Engineer, shall have the imme- diate superintendence of all main drains, common sewers, cesspools, and man-holes; and whenever such
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main drains, common sewers, cesspools, or man-holes, shall be built or repaired, shall superintend their con- struction or repair. The said Superintendent shall, on the fifteenth and last day of each month, prepare pay-rolls of the laborers on the sewers and cesspools, and present the same to the Chairman of the Com- mittee on Sewers. The location of all street cess- pools shall be under the direction of the City En- gineer.
SECT. 7. The Committee on Sewers shall keep an accurate account of the cost and expenses of each main drain or common sewer, and make report there- of to the Mayor and Aldermen.
SECT. S. The Mayor and Aldermen shall make assessments for all main drains or common sewers heretofore constructed by the City, the expenses of which have not already been assessed and collected, in the same manner as for those which may hereafter be constructed; and the Superintendent thereof shall render all the services and perform all the duties in regard to the main drains or common sewers hereto- fore constructed, the expenses of which have not already been assessed and collected, which he is re- quired to render and perform in regard to those hereafter to be constructed.
SECT. 9. In making assessments for constructing or repairing main drains or common sewers, the Mayor and Aldermen may deduct from the expenses such
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part as they may deem expedient to be charged to and paid by the City, and shall apportion and assess the remainder or the whole if no deduction be made upon the persons and estates benefited by the main drains or common sewers, either by the entry of their drains therein, or by any more remote means, and shall prescribe when such assessment shall be paid.
SECT. 10. The Mayor and Aldermen shall deliver a list of such assessments, when made, to the Treas- urer for collection, and he shall forthwith, in writing, demand the same of the parties liable and proceed in the collection thereof, in the manner prescribed by law.
SECT. 11. Every person entering his particular drain into any common sewer without a permit in writing from the City Engineer, as hereinafter pro- vided, and in all respects complying with such permit, shall be liable to the penalties hereinafter specified, and shall also be liable to pay all such dam- ages as may be caused by him.
SECT. 12. All particular drains which enter into any common sewer in any street shall be built of such size and materials, and in such a direction, at such grade, and in such manner as the Committee on Sewers shall direct; and all openings into such common sewer for the purpose of connecting a drain therewith, and into all drains, and the repair of drains from any house, building, cellar, or land connecting
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G
with such common sewer, and all openings or excava- tions in any street for the purpose of constructing or repairing any private drain. shall be made by a per- son licensed in writing for that purpose by the Mayor and Aldermen.
SECT. 13. Any person licensed as provided in the preceding section shall, before performing any work authorized thereby, execute a bond to the City, in such sum as the Mayor and Aldermen may prescribe, with one or more sureties, satisfactory to them, con- ditional that he will properly make the openings into all common sewers opened by him; that he will con- struct or repair the drains connecting the sewer or other drains; that he will leave no material or ob- struction of any description in the sewer which he may open, or in any drain leading into any sewer; that he will properly close up the excavation, and restore the earth and pavement taken up, and re- grade and re-pave the street, should it settle or be- come out of order within one year thereafter; if he fail so to do within twenty-four hours after being notified thereof in writing by the Superintendent of Sewers, then it shall be graded or re-paved at his expense by direction of the Superintendent of Sew- ers; also, that he will cause a sufficient fence to be placed so as to enclose the excavation, and the earth, stone, and other material which may be put into the street, and that he will maintain such fence during the whole time such excavation, earth, or other mate- rial may obstruct the street, and that he will cause a
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sufficient number of lighted lanterns to be maintained in suitable places over such excavation, earth, mate- rial, and fence from the beginning of twilight every evening and through every night during the time such obstruction in the street may exist; and further, that he will comply with the ordinances in relation to sewers and drains and streets, and to such orders and regulations as the Mayor and Aldermen may adopt for the government of persons licensed to construct or repair private drains, or open or dig in the streets for that purpose; and that he will indemnify and save harmless the City of and from all damages, costs, and expenses which it may in- cur or sustain, by reason of any and all injuries resulting to any one, in person or property, from neglect or carelessness in opening, closing, making, or repairing any sewer or drain, in performing any work connected therewith, or in properly fencing, or in lighting by night any excavation or obstruc- tion caused or made by him or his servants.
SECT. 14. If any drain in any street be con- structed or repaired, or any excavation be made for that purpose, without the permission authorized in section thirteen, or in a mode different from that prescribed therein, the person doing such work, and the owner or other person directing the same, shall respectively be liable to the penalties hereinafter specified.
SECT. 15. Any real estate, to the owner or owners
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of which permission has been, or shall be, given to construct private drains for such estate, shall not by the construction of such private drains be exempted from any assessment lawfully imposed for construct- ing common sewers in the same vicinity.
SECT. 16. Any person who shall violate any of the provisions of this Ordinance, and every person who shall fail to comply with any order which may be passed by the Mayor and Aldermen under section three, shall be liable to a fine not exceeding twenty dollars, and to a like penalty for each day on which such offence shall be continued or repeated.
No. 18.
AN ORDINANCE RELATING TO THE POLICE DEPART- MENT.
SECTION 1. The Police Department shall con- sist of a Chief of Police, and such number of Cap- tains, Lieutenants, Sergeants, Patrolmen, and Stew- ards as may be deemed necessary. They shall take rank in the order in which they are named, and shall severally hold their office during the pleasure of and until removed by the Mayor and Aldermen. Each officer so appointed shall be sworn to the faithful discharge of the duties assigned him.
SECT. 2. The Chief of Police shall be chief exec- utive officer of the Police Department, and shall be
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responsible for its discipline and efficiency. He shall have entire control of the Department, and of its offi- cers, special officers, and all constables, when the same are engaged in the service of the City. He shall, on the last day of each month, and at all times when specially required, make a report to the Mayor, in writing, of the doings of the Department, and all misconduct, neglect of duty, or want of efficiency in any member.
SECT. 3. The Chief of Police shall, before entering upon the duties of his office, give to the Treasurer of the City of Somerville a bond in the sum of three thousand dollars, with sufficient sureties in a like sum, for the faithful performance of the duties of his office. He shall receive all complaints from the citi- zens and from his officers, against any breach of the criminal laws or Ordinances of the City, and shall prosecute all cases where, in his judgment, there may be a wilful violation of either. He shall keep a record, with a suitable index, of all persons arrested, with the name of the arresting officer, the place of birth, age, height, complexion, residence, and offence, with such other description as may be useful for iden- tification of the prisoner; and when complaints are made, shall inform himself of the sentence, and make a record of the same, together with the officers fees and witness fees, and in the months of January and July shall give to the City Treasurer a correct list of all fines, officers fees, and witness fees which inure to the City by virtue of the laws of the Common- wealth and Ordinances of the City.
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SECT. 4. He shall have general charge of the Police Apartments and be held responsible for the good order and condition of the same. He shall make his headquarters at the Police Station, and shall require the officers to report thereat, at least once in each day, and shall then communicate to them such orders and instructions as he may deem necessary.
SECT. 5. He shall keep an account of the duties performed by each member; of all absences from duty and the causes of the same, and shall, on the last day of each month, prepare the pay-roll of the Police Officers and present the same to the Committee on Police.
SECT. 6. The Captains and Lieutenants of Police shall be under the immediate control of the Chief, assist him in his duties, and officiate for him in his absence. The Sergeants, Patrolmen, and Stewards shall perform the duties assigned them by the Chief, and attend to the duties assigned at the Station House under the direction of the officer in charge.
SECT. 7. To be eligible to appointment on the Police, the applicant must be a citizen of the United States; a resident and tax-payer of the City for two years next preceding his appointment; not less than twenty-one years of age; of sound health, which shall be duly certified to by the City Physician; of good moral character, of temperate and industrious habits, of respectful and orderly manners, and prompt and faithful in the discharge of duties.
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