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and obey the orders and directions of the mayor and of the common council in the preservation of peace, morality and good order.
$ 27. The aldermen of the city shall be members of the com- Powers of al. mon council. Every member of the common council shall have the power, and it shall be his duty without warrant to arrest or cause to be arrested any persons engaged in his presence in disturbing the public peace, or violating any law of the state, or ordinance of the city for the preservation thereof, or of good order or morality, and to bring or cause such persons to be brought before the mayor or recorder for trial.
to be ap
OF THE POWERS OF THE COMMON COUNCIL. § 28. The common council shall hold stated meetings at times to Stated meet
ings of the be determined by it, from time to time, and special meeting when- council. ever called by the mayor, or by any two aldermen, by notice to each member thereof, to be served personally, or by leaving the same at his place of abode. A majority of its members shall constitute a quorum for the transaction of business. When present, the mayor shall preside, and when he is not present, an alderman shall be appointed chairman thereof.
§ 29. The common council shall appoint the clerk, the chief Clerk, chief engineer, and so many fence-viewers, clerks of markets, sextons
engineer,&c. to have charge of burial grounds belonging to the city, and mes- pointed. sengers to attend upon its meetings, as it may deem necessary. Such officers shall hold their offices during the pleasure of the common council. · $ 30. The common council shall have the care, management
have charge and control of the city and its finances; it shall have power to of city proordain, alter, modify and repeal ordinances not repugnant to the perty, &c. constitution and laws of this state such as it shall deem expedient for the good government of the city, the preservation of peace and good order, the suppression of vice and immorality, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be necessary to carry such power into effect. It is also particularly To enact orauthorised to enact ordinances for the following purposes. lative to good
1. To preserve peace and good order and to restrain and pre-order. vent vice, immorality and every kind of fraudulent device and practice.
2. To restrain and prevent and to suppress disorderly and Gaming. gaming houses, billiard tables and all instruments and devices for gaming. 3. To restrain and punish vagrants, mendicants, street-beggars
Vagrants. and persons soliciting alms, keepers of houses of ill-fame, common prostitutes, bawds and disorderly persons, and to prevent and punish drunkenness and disorderly or immoral conduct in public places and streets.
4. To prevent any riot, noise or public disturbance and all dis- Riots. orderly assemblies.
5. To regulate auction sales and to prohibit bawking and ped
dling in the streets. Spirituous li- 6. To prevent the selling or giving away with intent to evade quors. the excise laws any strong or spirituous liquors by any store keep
er, trader or grocer to be drank in any shop, store, grocery, house, out-house, yard or garden, owned, occupied or controlled by the person selling or giving away the same except by persons duly licensed thereto, and to prohibit the selling or giving away of any strong or spirituous liqnors to any child, apprentice or servant without the consent of his or her parent, guardian, master or
mistress. Gunpowder. 7. To regulate the keeping and conveying of gunpowder and
other combustable and dangerous materials and the use of can
dles and lights in barns and stables. Wood, &C.,
8. To regulate the place of exposing for sale wood, coal, hay
and lime in the streets of the city. Runners. 9. To restrain and regulate the soliciting of passengers for any
means of public conveyance and of guests for taverns or public
boarding houses and the ringing of bells. Cartmen.
10. To license and regulate cartmen, porters and drivers of hackney carriages and baggage or other wagons or vehicles used to carry passengers or baggage for hire, and to limit their compensation.
11. To restrain and regulate all exhibitions of natural or artificial curiosities or animals, all theatricals or other shows, exhibitions or performances for money.
12. To appoint a sealer and examiner of weights and measures
in the city. Deaths. 13. To direct and require the keeping and returning of bills of
mortality and to impose penalties on physicians, sextons and oth
ers for default therein. Dogs. 14. To regulate or prevent the running at large of dogs and to
destroy them and to impose a tax upon the owners or possessors of dogs.
15. To restrain the running at large of cattle, horses, sheep, Cattle,
swine, and geese in said city, and to cause such as may be running at large, to be impounded and sold to discharge the penalty for the violation of the ordinance and the expenses of impounding and
16. To establish and regulate public pounds, and to appoint masters thereof from time to time.
17. To determine what are nuisances, and to prevent, abate Nuisances,
and remove them. Horse-racing
18. To prevent and punish horse-racing and immoderate riding or driving in the streets or highways, and every game, practice or amusement in the streets or elsewhere, having a tendency to frighten teams or horses, or to annoy persons passing in or along
the streets or highways, or to endanger property. Fire works. 19. To prevent and punish the discharge of fire arms, rockets,
gunpowder and fireworks in the streets of the city, or in the vicinity of any building.
20. To light the streets of the city.
Lights. 21. To establish, make and regulate public wells, aqueducts Wells. and reservoirs of water for the convenience of the inhabitants of the city and its protection against fires, and to prevent the unnecessary waste of water.
22. To compel all persons to remove the snow, ice and dirt Sidewalks. from the sidewalks in front of the premises occupied or owned by them, and to keep the street swept in front of such premises, and to punish the encumbering of streets and sidewalks with carriages, carts, sleds, sleighs, wheelbarrows, boxes, wood, lumber, timber or other substance or material whatsoever.
25. To ascertain, establish and settle the boundaries of the Streets. city and all streets, alleys and highways therein, and to remove and prevent all encroachments thereon.
24. To prescribe the duties of the marshal, constables designa- Marshal, &c. ted to perform police duties, watchmen, chief engineer, and the members of the fire department, and the duties of citizens upon occasion of fires.
25. To require the occupants of buildings to provide them- Firebackets. selves with fire buckets, and to prescribe the manner in which they shall be marked and kept, and to regulate their use at fires.
26. To establish and regulate public markets, and restrain and Markets. regulate the sale of fresh meat and vegetables in the city, and to license butchers, and for cause shown to revoke their licenses.
27. To regulate the construction of chimneys and to compel their Chimnies. sweeping and cleaning. 28. To prevent the dangerous construction or condition of
Fireplaces. chimneys, fireplaces, hearths, stoves, stove pipes, ovens, boilers and apparatus used in any building or manufactory, and to cause the same to be removed or placed in a safe and secure condition, and to direct and regulate the manner of keeping ashes.
29. To regulate and prevent the carrying on of manufactories Manufactodangerous in causing or promoting fires, or producing disagreeable or unwholesome odors.
30. To compel the owners and occupants of buildings to have Scuttles. scuttles in their roofs, and stairs or ladders leading to them.
31. To authorise the mayor, aldermen, five wardens, and other Idlers at officers of the city, to keep away from the vicinity of any fire, all idle and suspicious persons, and to compel all persons in said city, to aid in the extinguishment of fires and the protection and preservation of property thereat.
32. To authorise and require the marshals or other officers, to Ashes. enter all buildings and enclosures, at proper times, to ascertain whether their arrangements for fire or the preservation of ashes are dangerous, and to cause such as are dangerous to be put into a safe condition.
33. To organise a board of health to consist of six members in Board of addition to the mayor, who shall be its president, and to provide measures for the preservation of the health of the inhabitants, and to prevent the spread of infectious or pestilential diseases.
$ 31. The common council shall have power by resolution, Groceries, i. To compel the owner or occupant of any grocery, cellar, cellars, &c. chandler's shop, soap factory, tannery, stable, slaughter-house,
barn, privy, sewer or other unwholesome or nauseous building or place, to cleanse, remove or abate the same, whenever and as often as it shall deem it necessary for the health, comfort and convenience of the inhabitants of the city; and in case such owner or occupant will not proceed as directed, to cleanse, remove or abate the same, to cause it to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof
in a civil action. Unsafe 2. To compel the owner or occupant of any building or wall in buildings.
the said city, which may be in a ruinous or unsafe condition, to render the same safe, or to remove it; and in case he will not proceed as directed, either to render it safe or to remove it, to cause the same to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action.
3. To require the removal or distruction of any dead carcass or es &c. other unwholesome or offensive substance, or substance likely to
become unwholesome or offensive from any street, lot or building by the owner or occupant thereof, and in case such owner or occupant will not proceed as required, to remove or destroy the same, then to cause the same to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action. But no dead carcass shall be thrown or deposited in the Mohawk river, or on its banks within the limits of said city under such penalties for each offence not exceeding ten
dollars, as the common council by by-laws shall prescribe. Pestilential
4. To take such measures as it shall deem necessary to prevent the introduction into the city, or the spreading therein of any pestilential or infectious disease, and to cause any persons, not residents of the city, infected with any such disease, to be removed to some suitable and proper house or hospital within the city, to
be nursed and treated for such disease. Removal of
5. To require any building, fence or other erection, which may buildings, be placed within or erected upon the line of any street or high
way in the city, to be removed therefrom by the owner or occupant, and in case of his neglect to remove the same, to cause it to be removed at the expense of such owner or occupant, and
to sue for and recover the expense thereof in a civil action. By-laws to
$ 32. The common council may enforce observance of all orbe enforced. dinances, by-laws, regulations and resolutions which it is per
mitted to pass in order to carry into effect, the powers vested in it by the imposition of penalties on the persons violating the same, not exceeding twenty-five dollars for one violation to be recovered
in a civil action in any court having cognizance thereof. To be pub
$33. Every ordinance or by-law imposing a penalty or forJished. feiture for a violation of its provisions shall after the passage
thereof be published for three weeks successively at least once in each week in the newspapers designated by the common council
for publishing its proceedings. The affidavits of the printer or publisher of such newspapers or of their foreman, of the publication thereof taken before any office authorised to administer oaths and filed with the clerk, or a copy of such affidavits certified by the clerk under the corporate seal shall be conclusive proof of such publication in all courts and places; until such publication the ordinance shall not become operative.
§ 34. A copy of any resolution of the common council, passed copies how pursuant to the thirty-first section of this act, certified by the clerk to be served
on persons. under the corporate seal of the city, may be served upon any person to be affected thereby personally, or in case such person cannot be found at his or her residence or usual place of business therein, then by leaving it at such residence, with a person of suitable
and discretion. The resolution shall thereupon, so far as such person is concerned, have the same effect as an ordinance duly made and published by the common council. In case the person to be affected by the resolution is a non-resident, no service of a copy thereof shall be necessary, unless he or she has an authorised agent in the city, when the service shall be made pon such agent in the manner in this section provided.
$ 35. The common council shall at the first meeting had, on or Two news after the second Tuesday in March in each year, designate at selected. least two newspapers published in the city, in which a copy of the record of its proceedings, and all notices and documents required to be published by this act, shall be printed for the ensuing year. They shall be called the official newspapers.
§ 36. All actions brought to recover a penalty or forfeiture for Actions how the violation of any city ordinance, by-law, regulation or resolu- to be bronght tion, or for any claim arising under the thirty first section of this act, shall be brought in the name of the city. The defendant in any such action may be arrested upon service of the summons or process by which the action is commenced, as upon a warrant ; and execution upon any judgment recovered therein may require that in case nothing shall be found of which the amount can be collected, the defendant shall be taken and imprisoned in the jail of Oneida county for thirty-days.
$ 37. All penalties, forfeitures or claims due to the city, when Penalties paid to any justice of the peace, shall be paid by him to the treas- and forfeiturer within one week after their receipt by him. Whenever ex- whom paid. ecution shall be issued by a justice of the peace upon any judgment in favor of the city, the same shall be returned by the officer receiving the same, to the justice who issued it, on or before the return day thereof; and if such officer neglects to return the same for twenty days after the return day thereof, the justice who issued it shall report the fact to the treasurer, who shall cause a suit to be brought against the officer for the default. No officer of the city shall receive any penalty or forfeiture due to the city for the violation of any ordinance or any claim arising under the thirty-first section of this act, except the treasurer of the city, a justice of the peace before whom an action has been instituted therefor, or an officer having power by execution to collect it.