HomeMy WebLinkAbout1887 Charter and Ordinances of the City of Bozeman K
THE CHARTED ADD ORDINANCES
CiTV OF BOZEMAN .
............
COMPILED BY D. C. CAMPBELL, CITY ATTORNEY.
1887 .
HON. J. V. BOGERT, Mayor.
1
I
CHIiONICLE STEAM PRINT.
p 1887.
TABLE OF CONTENTS :
CHARTER OF THE CITY OF BOZEMAN.
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ARTICLE L—BOUNDARIES, PAGE.
Inhabitants to Con:titute a Body Politic Sec. 1...... 3
CornorateName, Sec. L............... ....................................... . . . . . . . . 3
To liave a. Common Seal, Sec. 1................................... . .................. 3
Boundaries of, Sec. 2 ....................................................................... 3
Lands, by the Council annexed to, Sec. 3............................................ 3
May purchase and hold property, Sec. 4....................w_...................... 3
ARTICLE II.—OF THE COUNCIL.
Council, of Wboin to Consist, Sec. 1......
Boardof Aldermen, Sec. 2............................................... ................ 3
Qualification of°Aldermen, Sec. 3...........w............... ............. ......,.. 4
Alderman Removing from Ward, Sec. 4..... . .. 4
How long to Serve without Compensation, Sec. 4.............................. 4
Aldermen divided into two classes, Sec:. 5.......................................... 4
Council to ,fudge as to Q°talification of its members, Sec. 6.................. 4
Determine Contested Election. Sec. 6.............
Quorumand Attendance, Sec.. 7......................... ................. . . . . ...... 4
Ma.v Make Rules, Sec. 8................... ............................ . . . . ............ 4
Punishment of Members, Sec. 8......................................................... 4
Expulsion of Members, Sec. 8............... ........................................... 4
Cannot not be appointed to office of the city, See. '9........................... 4
Vacancies, how filled. Sec. 10.................. .................._......._..........._.. 4
Oath of Aldermen, See. 11. . . . ........................................................... 4
Tie vote in Election of, How determined, Sec. 12........ ....................... 4
Numberof MCetings each year, Sec. U.—....................................................................................... 4
ARTICLE III.—EECUTIV>�; OFFICERS.
Al[ayor, Election, Qlialif cation, Term of Office, Sec. 1.......................... 4
Who is Eligible to Office of Mayor, Sec. 2...................... ................... 5
Office of, when vacated, Sec_ 3....................................._. ................... 5
Tievove for Mayor. How determined, Sec, 4....................................... 5
Contested Election, How determined, Sec. 5....................................... 5
Vacancy?, How filled, Sec, 6............................................. ....... ......... 5
ARTICLE IV.—ELECTION. PAGE.
Whenheld, See. I...... .................................................................... 5
Whoare Electors, See. 2....................................... .......................... . 5
ARTICLE V.• POWERS OF CITY COUNCIL.
May levy and colle& ad valorem a taxes, See. I.................................... 5
May appoint certain officers, Sec. 2.................................. ................ 5
To require Bonds from City Officers, See. 3........................... ............. 6
Appropriate bonds for expenses of City, Sec. 4.................................... 6
Make, regulations for health, See. 5................._...... ........................... 6
To provide City with Water, Sec. 7................................................... 6
Powers as to drains. streets, alleys, sidewalks, etc., See. 8..................... 6
ErectBridges, See. 9........................................................................ 6
Concerning Boundaries of Wards, See, 10.......................................... 6
Nigbtwatchrnari. Sec. 11.......__............. ................ .................... . 6
Lighting Streets, See, 12- 6
City Buildings, See. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PUDlic Grounds, Market Places, Etc., See. 1.4. . . . . . .. . . . . . . . .. . . . . .... 6
To protect against Fire, See- 15, 16 and 17. . . . . . . . . . . . . . . . . . . . . . . . . . .. a
Animals runninu,, at large-, reckless driving in streets, to prevent, See- 18 6
Establish weights and measures, Sec. 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Taking Census, See. 20. _ _ . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . » . . . . . . 7
Revulate Elections, and Remove Officers, See, 21. . . . . . . . . . . . . . . . . . . .. 7
Fix Compensation of Policemen, See. 22 7
Regulate Police of City, Enforce Fines, etc,, See. 23. . . . . . . . . . . . . . . . . . . 7
To Make Ordinances, See. 24....... — 7
Incurrence of indebtedness, See. 24 and 26 7
Levy of Taxes, See. 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 7
L,cense. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Stale of Ordinances, See, 27. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 7
Posting of Ordinances, See. 28. . . . . . . . . . . . . . . — . . . . . . . . . . . . . . . . . . . . 7
Ordinance, how Proven, Sec. 29. .. . . . . . . . . . . . . . . . . 8
ARTICLE VI.—THE MAYOR.
To Preside at Meetings -of Council, Sec. I. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
In case of Absence Council may A ppoi nt one of its Members Chair-
inan, See. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
May appoint one of its Members Mayor, See. I. . . . . . .. . . . . . . . . . . .. . . . 8
Who may call Meeting of Council, See. 2. . . . . . . . . . . . . . . . . . .. . . . . . . . . . 8
How Meetings may be Called, See. 2. . . - . . . . . . . . . . . . . . . 8
Shall Enforce Ordinances and Laws, See. 3. . . . . . . . .. . . . . . . . ... . . . . . . . . 8
May call Male Citizens over Eighteen years, to aid him in Enforcing
laws, See. 4. . . . - - . . - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
May require Officers to Exhibit Books, See, 5. . . . . . . . . . . . . . . . . . . . . . .. 8
PACE.
May Enforce Quarantine Laws and execute acts Required of him by
Ordinance, Secs. 6 and 7. _ . . . . . . . . . . . . . _ . » . » . . . . . . , . ._. . 8
How punished for neglect of Duty, etc., See. 8. . . . . . . . ...... .. . . . . . . .. . . 8
ARTICLE VII.---MISCELLANEOUS PROVISIONS.
Council to have Posner to require Labor on Streets, Sec. 1. . . . . . . . . . . . 9
Firemen Exempt from Street Labor Sec. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Council to Provide for Punishavent of Offenders, Sec. 3. . . . . . . . . . . . 9
May Levy and Collect Special Taxefi, Sec. 4, . . . . . . . . . . . . . .. . . . . . . . .. . 9
Limit of Indebtedness to be Incurred, Sec. 5. . . . . . . . . . . . ... . . . . . . . .. . 9
Exceeding $1,000, how incurred, Secs. 6 and 7. . . . . . . . . . . . . . . . . . .. . 9
Council may Levy Taxes for Certain Purposes, Sec. 7. . . . .. . . _ . . . . . . 10
Ci v not liable for Costs, w hen, Sec. 8. . . . . . . . . . . . . . . . . . . . . . . . . : . . .. . 10
Limit of Fees taxed against, Sec. 8. . .. . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . 10
Fines and Forfeitures to be Band into City Trea.eurv, Sec. 9. . . . . . . . 10
Statement of Finances to be, Published, Sec. 10. . . . * . . . . . . . . . . . . . . . 10
Treasurer's and Assessor's books shall be open to Inspection, Sec. 10. - 10
Suits and Actions to be Instituted in the name of City of Bozeman,
Sec. 11... .. ..................... ..........
Appeals to the District Court, Sec. 12_ . _ . . . _ . _ . . . . . . . . . . . . . . . . 10
favor and Aldermen not to be interested in Contracts, See. 13. . . . . . . . 10
Penalty for violation of same, Sec, 13. . . . . .. . . . . . . . . . _ . . , _ . . __ . . . . . 10
Contracts, when to De adverti,ned and let, Sec. 13. . . . . . . . . . . . . . . . . . . 10
:Evidence and a Public Act, Sec. 14'. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . 11
Vacancy in M'ayor's office, how filled, Sec. 15.. . . . . . . . . . . . . . . . . . . . 11
Powers of Marshal and Constable, Sec. 16. . .. . . . . . . . . . . . . . . . . . . . . .. . . 11
Actions, in what name brought, Sec. 17.... . . . * . . . . . . . . . . . . . . . . . 11
Prosecution, how Commenced, Sec_ 18. . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . 11
.Defendant may be confined in jail, Sec. 19. . . . . _ _ . . . . . . . .. . . . . .. . . . 11
Police Magistrate, Jurisdiction of, Sec. 20. . . . . * - - - - - - - - . . . . . . . . . . . . * - 11
Sarre constituted a Justice of the Peace, Sec. 2 . . . . . . . . . . . . . . . . . . » . . 11
Venue, change of, See- 20. . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . .. . . . . . . . . . . 11
Duties of Officers, prescribed by Ordinance, Sec- 21 . . . . . . .. . . . . . _ . . . . . . 11
Police Magistrate, office created, Sec. 22. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 11
City Clerk to be City Attorney, Sec. 22. . .. . . . . . . . . . . . . . . . . . I . . . . . . . . 11
City Assessor to be Treasurer and Collector, Sec. 22. . . . . . . . . . . . . . . . . . 11
Police Magistrate, exclusive jurisdiction of all offenses against the city,
See. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . .. . . . . . . . . . . 11
Duties of Officers, Sec. 22. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . .» . .. . . .. 11
Charter, first Election and Submission of, Sec. 23. . . . . . . . .. ., __ ,. .. . . 11
Commissioner Appointed and Powers, Sec. 24. . . . . . . . . . .. . . . . . . .. . . . . 12
Charter, if rejected may be re-subaan.itted, when, Sec. 25. . . . . ... . . . . . . . 12
Commissioners to fill Vacancies. Sec. 26.. . . .. . . . , . . . . . . . . . . .. . . . . . . 13
Charter to take effect, when, See. 27. . . . . . . . .. . . . . . . . . . . . . .. . . .
ORDINANCES.
Ordinance No. 1, Concerning appoi°t:-rent of Policemen............ ......... 14
Ordinance No. 1, Concerning Duties and Compensation of City Officers 14
Ordinance No. 2, Concerning Posting and Publishing of Ordinances of
City........................................................................................... 17
Ordinance No. 3, To secure Punctual attendance of Members of Council 18
Ordinance No. 4, Fixing tune of Regular Meetings and Prescribing
Orderof Business................................................... ............... .... 18
Ordinance No. 5, Defining Nuisances and Piescibing Punishment for
Maintaining and ContinUing........................................................ 19
Ordinance No. 6, Concerning Election.......... ...
. ......................_........... 21
Ordinance No. 7, Concerning Domestic Anin-i t Lar
als Running age...... 24
Ordinance No. 8, Concerning Offenses against Good Order and Morals 26
Ordinance No. 9. Concerning process and Execution of Sen+ence......... 29
Ordinance No. 16, Prescribing manner of raising Revenue.................. 31
Ordinance No. 12, Concerning Dogs................................................... 34
Ordinance No. 13, Prohibiting sale of Adulterated Milk, Unwholesome
Food, etc................................................................................... 35
Ordinance No., 14, Concerning Street Taxes..............__..
.................. 36
Ordinance No. 15, Adopting a. Corporate Seal of the City of Bozeman... 37
Ordinance No. 16, Prescribing the fire limits of the City of Bozeman
and regulating the manxxer of Building within the city...-------------- 37
Ordinance No. 17, Concerning Streets, Sidewalks, Gutters and Sewers... 38
Ordi-nan ce No. 18, Prohibit use of Deadly Wear)on .............................. 40
Ordinance No. 33, To provide funds for erection of i�'ity PuildinL.......... 40
Ordinance No. 34, Granting use ofs4eets to Walter Cooper for Water
Purposes........... ............__................. .... ................................... 42
Ordinance Nei. 40, Concerning -3i;xning of Contracts............................. 43)
,rdinance No. 49, Concerning transfer of funds........................ ........ 4:1
Ordinance No. 51, Concerning Licenses...... ...................................... 43
TERRITORY OF MONTANA,
COUNTY OF GALLATIN, Ss.
CITY OF BOZEMAN. I
1, David C. Campbell, City Clerk of the City of Bozeman, do hereby
certify, under mv hand and the corporate sea] of the city of Bozeman,that
the foregoing compilation of the Charter and Ordinances has been com-
piled, is printed and published by authority of the corporation of the city
of Bozeman, under the direction of the City Council_
Witness my band and the seal of said City of Bozeman, this 16th day
of August, A. D., 1887.
DAVID C. CAMPBELL, CITY CLERK.
SEAL.
CITY CHARTER.
AN ACT TO INCORPORATE THE TOWN OF BOZEMAN.
(CERTIFmm copy.)
Be it enacted by the Legislative Assembly of the Territory of Montana
ARTICLE I.—or, BOUNDARIES.
,SF-cTrON X. That the inhabitants of the cite of Bozeman, in Gallatin
co�mty, Territory of Montana, be, and they are hereby, constituted a body
politic and corporate, by the name and Style of "The City of Bozeman,'
and by that name shall have perpetual succession ; may Slie and be sued,
plead and be imply-aded, in all courts of law and equity, and may have and
use a common sea] , and alter the same at pleac,ure.
SEC 2. TI-at the following described territory shall for the present
compose the said city. to-wit: The southeast one-
fourth of section 1, and
the east ome-half of section 12, of township 2 S , R., 5 R-, the south one half
cif secticn 6. and the area of section 7, and the southwest one-fourth of see-
tion 5, and the west one half of section 8, Of township 2 S., R,1 6 E., con-
taining an area of 1,920 acres.
SF,c. 3. Whenever any additional tract of land, adjoining the city of
11ozenian, shall be laid off'into town lots, and duly recorded, as may be re-
qiiired by law, the same may, b - the city courj(;jj
be annexed and become
a part. of the cit-sl of Bozo.man.
Sce. 4. The inhabitants of said city. by the name and style aforesaid,
shall have power to purchase, receive and hold property, both real and
personal, or mixed, either in or beyond the city for burial grounds, and for
-Aher purposes, for the use of the inhabitants -f-aid city.
ARTICLr IL—OF THE CITY COU�NCJL.
SECTION I. There shall be a city council, to consist of a mayor and a
board ol'aldermen.
Sue. 2. The board of aldermen shall consist of two members from each
ward, to be chosen by the qualified voters, for two years, and until others
hall be., legally qualified.
4 CITY CHARTER.
SEc_ 3. No person shall be an alderman unless at the time of his elec-
tion he shall be a tax-payihg real estate holder, and have resided within
the limits of the city one Year immediately preceding election, and shall
have the requisite qualifications to vote for members of the Legislature, and
be a resident of the ward for which no is elected.
SEc. 4. If any alderman, after his eleetion, remove from the ward for
which lie was elected, his office shall be declared vacant; the mayor and
aldermen shall serve without any compensation whatever, until the e popula-
tion of the city inav be 4,000, when the-mayor only shall receive such com-
pensation as the citycouDeil may determine.
SEc. 5. At the first meeting of the cicy council the aldermen shall be
divided, by lot, into two classes, The seats of those of the first class shall
be vacated at the expiration of the first year; and of the second class at the
expiration of the second year; So that one-half of the board shall be elected
annually.
SEc. 6. The cit-,- council shall judge of the qualifications and returns
of their own members, and shall determine all contested elections under
this act.
SEC. 7. A majority of the city council shall constitute a quoruin to do
business, buta smaller number may adjourn from day to flay, an(] compel
the attendance of absent members, under such penalties as niay be prescrib-
ed by ordinance..
SEC. 8. The city council shall crave power to determine t.be rules of its
proceedings, punish its members for- dig orderly conduct, arid, with tile con-
currerice of two-thirds of the ulember3 elected, expel any riieniber,
SEC. 9, No alderman shall be appointed to any office under tile
Y -i. of his otrice
authority oftl',ecit� , jiorfor one year aster the terininatim
ScC. 10. All vacancies that shall occur in the board of aldermen shall
be filled by election.
SEC. 11. The ruavorand aldermen. before, eUtCriDg upon the dul.ies of
their respective -)ffices, shall each take arid subscribe an (ial-h, or I-Liake affir-
mation, that he will SLIPPOrt the Constitution of the United States and the
Organic Act of this Territory, and that he will well and truly perf.,rai the
duties of his office to the best of his skill and ability
SEc. 12. Whenever there shall he a tie it, the election of alderr-nen,
the j ud.-es of the election shall certify 'tf,e fact to the mayor, who shal I de-
termine the same by lot, in such manner as shall be prescribed by ordin-
ance.
SEC. 13, There Shall be twelve, stated meetings Of tne City 001LIneil in
each year, at such times and places as may be prescribed by the city coun-
cil.
ARTICLE III.—Or THE EXECUTIVE OFFICERS.
SECTION 1. Th,, chief executive, officer shall be a tuayor, who shall be
a tai:-paving real estate holder, and who shall be, elected by tire qualified
CITE' CHARTER. 5
voters of the city, and shall hold his office for one year, and until his suc-
cessor shall be elected and qualified.
Sr,.c. 2. No person shall be eligible to the office of mayor who shall
not have been a resident of the city for one year next preceding his elec-
tion, or who shall be under t� enty-five years of age, or who shall not, at
the time of his election. be an elector.
Sr-e. 3. If any mayor. during the term for which he shall, have been
elected, remove from the city, or shall be absent from the city for the space
of four months, his office shall be vacated.
SI✓c. 4. When two or more persons shall have an equal number of
votes for mayor, the judges of election shall certify the same to the city
council, wlio shall proceed to determine the same by lot, in such a manner
as n-iay be provided by ordinance.
SEc. 5. Whenever any election for mayor shall be contested, the city
council shall determine the sairie as may be prescribed by ordinance..
SEc. Fi_ Whenever any vacancy shall happen in the office of mayor, it
shall be filled by election.
ARTICLE IV,
SIECTTI-IN' I. On the first Monday in April, A. D, 1883, an election Shall
he held in said city for ono mayor for the city and two aldermen for each
ward, and forever thetea.fter. on the first Monda, in April, of each - ear,
there shall be an election of one mayor for said city and one alderman for
each -ward.
Sr(,. >. All citizons of the United State s, and those who Have declared
their intention to become such, of twenty-one years of age, whose names
shall appear upon the county assessor':; tax list of the preceding year, and
who shall have been an actual resident r)f said city six months preceding
said election, shall be entitled to vote for city officers and the adoption of
the charter : PIXOWDED, That said voters shall give their votes in the ward
they shall rospectively reside.
ARTIGi..r` V_—Powmis OP THE CITY COUNCIL.
SEtwTio_7 1 , The city council shall have. flower and authority to levy
and collect ad valorem taxes for city purposes upon taxable property, renal,
mixed and personal, except as herein except(-d, within the limits of the
city, not exceeding three-tenths of one per cent. per anan►irn upon the :as-
sensed value thereof, and may enforce the payment of the same in any
manner that may be prescribed by ordinance not repugnant to the Con-
stitution of the United States, or the Organic pct of this Territory.
SEC. 2. The city council shall have power to appoint all officers, except
the police magistrate, city attorney, city assessor and city marshal, who
shall be elected at the first e-eneral city election, and every year thereafter,
and whose terni of office shall be for one year, and until their successors
are elected and qualified.
6 c Ty CHARTER.
SF,c. 3. The city council shall have power to require of all officer-3, ap-
pointed or elected in pursuance of this act, bonds, with penalty and secu-
rity, for the faithful performance of their- respective duties, as may be
deemed expedient, also require of all officers appointed, or elected, as
,aforesaid, to take such oaths, or make such affirmation, as tie city council
may prescribe for the faithful performance of the duties of their respective
offices, before entering a Gaon the discharge of the same.
SF,c. 4. To appropriate money and funds for the payment of the ex-
penses of thQ city.
Snc. 5. To mare regulations to prevent the introducing of contagious
diseases into the city, to make quarantine laws for that purpose, and to en-
force the same within five miles of the city, to establish hospitals arid
make regulations for the government of the same.
SEc. 6. To make regulations to secure the general health of the inhabi-
tants , to declare what shall be a nuisance, and to prevent and remove the
same.
SEc. 7. To provide the city with water erect hydrants and pumps,
build cisterns and dig wells in the streets for the supply of engines and
buckets.
SF,c.. S. To open, alter, abolish, widen,extend, establish, grade, pave,
or otherwise improve and keep in repair streets, avenues, lanes, alleys,
sidewalks. drains and sewers.
Sicc. 9. To establish, erect and keep in repair brides.
SF,c_ 10. To divide the city into wards, alter the boundaries thereof,
and create additional wards, asthe occasion may require.
SEc. 11, To e:,tablisb, support and regulate night watches.
SEc_ 12. To provide for lighting the streets, and to erect lamp posts.
SEc, l3. To provide for all needful buildings for the use of the city'.
SF,c. 14, To provide for the enclosing, improving, and regulating all
public grounds belonging; to the city, to erect market houses, to establish
markets and market places, and to provide for the government and regula
tion thereof.
Sr-.c,. 15. It shall have the power to provide for the prevention and
extinguishment of fires; to organize and establish .tare companies, and at
discretion prohibit or regulate the erection of wooden buildings
SEc. 16. To establish the building and fining of chimneys, and to fix
the flues thereof.
Sc 17. To establish the storage of powder, tar, pitch and rosin, coal
oil, and other combustible or dangerous materials.
Snc 18. To regulate parapets, walls and partition fences, and restrain
cattle, hogs. horses, sheep and dogs or other animals from running,at large
and prohibit reckless driving and riding upon ttie streets.
SEC. 19. To establish standard weights and measures, and regulate the
weights and measures to be used in the city in all cases, not otherwise
provided for by law, and to order all laws on the subject to be enforced,
CITY CHARTER. 7
and to fix and enforce payment of fines for non-compliance with any such
order.
Snc 20. To provide for taking the enumeration of the city.
SEc. 21. To regulate the election Of city officers, and to pro-vide for
the removing from office any person holding an Office created by ordin-
ance-
SEC. 22 To fix the compensation of the city policemen, who shall be
night wateba-ien : PROVIDED, That such compensation shall not exceed
the same paid by law in this Territory to other officers of like services,
and regulate feep- for jurors, witnesses and others for -services rendered
tinder this act, or any ordinance ruade in pursuance thereof
SFc, 23. To regulate the Police Of the city ; to enforce fines, forfei-
tures and penalties for the breach of any Ordinance, and to provide for the
receiving and appropriation of such fines and forfeitures, an I the enforce-
inent of such penalties; and all moneys collected under or by authority cf
any city ordinance shall be deemed tk) be taken to belong to said city for
:,,eneral use and benefit ofthe inhabitants thereof*, for the purpose herein
Provided.
SEc. 24 The city council shall have Power to make all ordinances
which shall be necessary and i,roper for carrying into execution the powers
specified in this act, so that such ordinances incur no indebtedness wha--
ever, except as provided 17v this instrument, and necessitate no levvinf,- of
taxes exceeding three mills on each dollar, exCePt as provided in sections
five, and -;ix in article seven, and be not repugnant to, nor inconsistent
with , the Constitution of the United 8tates, or the Organic
Act of this
Territory.
Sasc. 25. To license, tax and regulate auctinneers, merchants, peddlers,
retailers, taverns-, hotels, bakeries, restaural)tq, drinkin!r saloons, billiard
hall-, ha,w�k•kers, brokers, pawn'tzrokers, gambling house,--, bankers, assay
offices, professional nien, barber shops, livery stables, wasli houses or Iann-
dries, irisurance ag-encics, Oiotograph nalleries and theatrical and other
exhibitions anil other a.,misements, and all branches of business ; rRn-
VIDED, No license- levied or imposed by the city council shall exceed in
amount one-fm rLh of the license required to be -paid by the statutes of this
Territory for like business.
SEC. 26. Time city council shall have no power to incur or make-anv
city indebtedness, for any purr)()se whatev,-r, to exceed the sauna of $10,000',
but if the suin of any indebtedness shall exceed $1,000, the question of in-
currence thereof shall be submitted to the duly qualified voters of said city
as provided in sections five and six cf article seven hereof.
Snc. 27. The style, of the ordinances shall be, "Be it ordained by the
city council of the city of Bozeman."
S-Ec. 28, All ordinances of the city council shall, within ten days after
the y r have been -assed, be posted in three public places in said city, and
`hall not be. in Force until they have been Doted as aforesaid.
g CITE' CHARTER.
SEc. 29. All ordinances of the city council may be proven by the seal
of the corporation, and when printed in book form. or pamphlet forma, and
purported to be printed and published by authority of the corporation, the
same shall be received in evidence in all courts and places without further
proof.
ARTICLE VI.—THE N,1AYOR.
SEc,,TroN f. The mayor shall preside at all meetings of the city council.
and. in case of a tie, he shall have the casting vote,and in no other; in case
of the no-n-attendance of the mayor at any meeting, the board of aldermen
shall appoint one of their number as chairman who shall preside at the
meeting, butshall not thereby lose his right to vote on any que-Rion before
the board; and in the discreti,rn,of the city council durin.y, the temporary
absence or incapacity of the mayor, it may appoint one of its members to
act as mayor pro tem during the interim, with all the powers of mayor, and
subject to all his limitations provided by this act.
SEc. 2. The mayor, or any two aldermen, may call a special meeting
of the city council, "he city clerk, on their requisition, giving reasonable
notice in writing thereof to all rnembers of the city council present in said
city
Sxc. 3. 'T'he mayor shall at all tinges be vi(�ilant and active in enforc-
ing the laws and ordinances of the government of the city. He . shall in-
spect the concltact of all subordinate: officers of said city and cause ne�_Yligeuce
or positive violation to be prosecuted and punished_ He shall from time
to time communicate to the aldermen such information, and recommend
such measures, as in his opinion may tent: to the improvement of the
finances, police, the health, security and comfort of the city.
Suc. 4. He is hereby authorized to call on every male citizen or said
city over the age of ei( hteeii years to aid in the enforcement of the law`
and ordinances, and in case of riots to call out the rnilitia to aid in sup-
pressing the same, or other disorderly conduct, preventing and extine:i7ish-
ing fires, for securing the peace and safety of the city, or of carrying into
effect any lam* or ordinance; and any person who sli-all not obey stach call
shall forfeit to said city a tine not exceecling tvti ,-nty five d,11lars_
S c;. 5. He shall have power, whenever lie shall deein it necessary, to
require of any of the officers of said city an exhibit of hi:; boliks ahhtl
papers.
SEC. 6. He shall have power to execute all acts that inay be required
of him by any ordinance made in purs{ianee of this act.
Snc. 7. He shall also have such power as rnav be vested in hini by
ordinance of the city in, and over, all places within five miles of the boun-
daries of the city, for the nurposo of enforcing the tzealth and quarantine
ordinances and regulations thereof.
SEC:. S. In case the m vor shall be guilty of a palpable omission of
duty, or shall willfully or corruptly be guilty of oppression, nialconduct, or
partiality in the discharge of the duties of his office rte shall be liable to be
c
CITY CHARTER, 9
indicted, in the district court of the proper county, and, on conviction, he
shall be fined not more than five hundred dollars, and the court shall
have the power, upon the recommendation of the jury, to add to the jud '
i 01-
went of the court that he be removed from office, and forever thereafte'r
be disqualified from holding office under this act, or any ordinances of said
city.
ARTicr_-E VTI.—MISCELLANEOUS PRov]rSTONS.
SECTION L Thf- city council shall have the power, for the purpose of
keeping tree streets, lanes, avenues and alleys in repair, to reqn1re every
able-bodied male inhabitant in said city, over the age of twenty-one and
under forty-five roars, to labor on said streets, lanes, avenues and alleys
not exceeding one day in each and every year, and every person failing to
perform such labor, when duly notified by the street commissioners, shall
forfeit and pay two dollars for said day so neglected or refused, to be used
in improving the public streets.
SEC. 2. The rnernber.i' of the city council and firemen shall, during
their term of service as such, be exempt, from wozking out any road or
street tax, and shall likewist� be, exempt f-orn serving in the. militia of the
Territory, or on any jury.
SEC, 3, The city council shall have power to provide for the punish-
ment of offenders by imprisorim, rit an(i hard labor in all cases where such
offenders shall fail or refuse to pay the fine and forreiture which mav be
recovered against them acco ,din;: to the laws of this Territorv.
SF,c, 4 The city council shall have power by ordinance to levy and
collect a special tax on holders of lots on any street, lane, avenuo or alley,
.11ccOrdinv to their respective; fronts, for thr purpose or paving, izrading, or
planking sidewalks and lightitiv such street, lane, avenue or alley - PRo_
VIDED, such tax shall not exceed the actual costs of such Sidewalks and
lighting respectively, which tax Shall be collected in the sarne tnanner as
other city taxes.
STsc. 5.- That no levy or as-;es_ of taxes or incurrence, of a debt
bev(,nd $1,000, not heretofore provi(led for, shall be made by said city
coun(i], except upon a vote of two-thirds of rhe 'members thereof, an(l
every levy of taxes or issue of bonds for each purpose shall bo set forth in
a section of an ordinance by itself.
shall 6. Arter the passage of,-aid ordinance by such vote, the same sball be published in all city newspapers for at least one week if daily, and
two weeks if weekly, tovether with a notice that the sarne will be submit-
ted to a v(jte OT the tax-Paving real estate holders of said city, on a day and
at a i)lace in each of the wards to be named, which election shall be con-
ducted as is provided in other cases, and the ballots shall be "for section
(—) of an ordinance entitled (giving title);" or, "against section(—)
of an ordinance entitled (giving title);" and if twc-thirds of said voters
10 CITY CHARTER.
shall approve the same, the said ordinance shall be in full force; but if not
approved, the same shall be void.
SEc, 7- The eit,%, council shall provide the detailed method of conduct-
ing such elections not inconsistent with this act, but nothing in this and
the two preceding sections shall affect the ptAssage of ordinances levying
taxes for the maintenance of the city police, (not exceeding two in number)
the payment of the ri-ght watchmen, (not exceeding two in number), para-
phernalia, for extinguishing fires, cleaning streets, enclosing and protecting
cemeteries, maintaining and keeping in repair the property of the fire de-
partment, and necessary notices in all the city nevispa,pers.
SEc. S. That the city shall not be liable for any costs in anv suit pros-
e-ut'ed in its nan-ie in its own courts, nor shall any fees taxed exceed in
amount the items of fees allowed for sinillar services to other officers in
this Territory.
SF,c. 9, All fines and forfeitures collected for offenses, committed, or
penalties incurred, within the incorporation limits of the city of Bozeman,
shall be paid into the treasury of the said city, by the officer collecting the
same, with details of sources, and on what account paid out.-
SFe. 10. The city council shall cause to be published, semi-anniially,
in all newspapers of said city, a general Ftaterner)t of tile finances of said
city, showing in condensed form what monevs, have '--e(-n received, and
from what source, and the amount, and purpose, for which money:; have
been paid out or expended. The books of the city assessor and treasurer
shall he open at all proper hours, to the inspection of any tax-payer of said
city , or other person,
SF-c. 11, All suits, actions and prosecutions institute(], commenced or
brought by the corporation hereby created, shall ba proseuuted in the name
of the city of Bozeman.
Sl-.c. 12. Appeals shall be allowed from decisions in all cases arising
under the provisions of this act or any ordinance pa,;sed in pur6ttaace
thereof, to the district court, an(i every such appeal shall be gvanLed in the
same manner, and *with like effect, as appeals are takera from aurl granted
from justices of the peace under the laws of this Territory.
SEc. 13. No mayor or alderman of said city shall, during the period
for which he is elected, be directly or indirectiv pecuniarily interested in
any contract let t,r to be let under the authority of said city, or in anv
payment to be made thereon, and if any such person shall violate the
provisions of this section, he shall be deenwd guilty of a misdemeanor
under the laws of this Territory, and shall be prosecuted therefor in the
district court, and, on conviction there-.,f, shall be fined not less than two
hundred and fifty dollars, nor more than six hundred dully •s, or imprison-
ment three months, or both such fine an(I imprison-ment; and in all con-
tracts involving the expenditure of(-ne hundred dollars or more, the city
council shall advertise the wine, with specification,;, f6r a period to be pre
CITY CHARTER.
scribed by ordinance. and award the same to the lowest responsible bidder
and they shall so advertise all contracts.
SEC. 14. This act is declared to be a public act, and may be read in
evidence in all courts of law and equity within this Territory without
proof.
SEC. 15. Whenever the mayor shall absent himself frona. the city, of
resign or die, or his office shall otherwise become vacated, the board of
aldermen shall immediately proceed to elect one of their number president,
who shall be mayor pro tem. until the office shall be filled by election as
herein provided, and any vacancy in elective offices occurring sixty days
prior to any regular election, shall be filled within twenty days from the
date of occ ireerice oCsaid vacancy, by special election to be called as herein
provided, the officer so elected to serve until the next regular elcetion-
Src. 16. The city marshal and the constables within said city of
Bozeman shall be authorized to have power to execute anywhere within
the ccuntv, wherein said city may be, located, all processes -issued by the
police magistrate of said city, or other city magistrate within said city, and
the said marshal shall have power to do all the acts that a constable u-iay
lawfully do, and shall receive the same fees that are allowed to constables
in siafflar cases, and shall give bonds as constables are required by law to
give-
SEc, 17. All actions brought to recover any penalty, or forfeiture
under this act, or any ordinance, by-law, or police regulation made in pur-
suance thereof, shall be brought in
e� tile corporate natne of said city.
SEC. 18. In all prosecutions for any violation of any ordinance, by-law
or other regulation, the first process shall be by summons. Unless oath or
affirmation shall be made for a warrant as in other cases.
SEC. 19. Upon rendition of judgment the officer rendering such judg-
nlent may require the defendant to be confined in jail for a term not ex-
ceeding three months. and all persons so CDinulitted shall be c_)nfined one
dad for each five dollars of such judgment and costs unless he pay the
same.
SEC. 20. The police magistrate shall have jurisdiction in all cases of
violation of the city ordinances, and shall have the same jurisdiction in all
civil and criminal proceedim-s as is now, or shall hereafter be conferred
upon other justices of tile peace of this Territory, and in all courts of this
Ter,itory said police magistrate shall be held to be and he is hereby con-
stituted ajustice of tho peace; but no change or venue, shall be allowed
from; said Police ruagistrate to any justice of the e peace for the bearing or
determination of any case when proceedings shall be commenced against
any person or persons for the violation of any city ordinance.
SEC. 21. The duties of all officers mentioned in this act, not herein
Prescribed, shall be Prescribed by ordinance.
Sr,c. 22. There shall be a police magistrate, city attorney, who shall
also act as city clerk, city assessor, who sh'a'll also act as city treasurer and
-12
I CITY CHARTER.
collector, and cuy marshat elected as heretofore orovided. The p-ilice
magistrate shall be a justice of the peace in said county and he shall have
the exclusive jurisdiction of all offenses against the ordinances of the city.
The city attorney, city assessorand city marshal shall severally discharge
the duties usually pertaining to said offices respectively, and the inanner
thereof may be prescribed by ordinance.
SF,c. 23. This charter shall be submitted to the qualified voters of the
city of Bozeman, on or before the fourth Monday in March, 1833, at one
convenient place therein, by direction of the coliamissioners; appointed in
this act. The ballots shall have printed or written thereon: "For the
Charter," or "Against the Charter," and if a majority of the votes so cast at
this election shall be in favor of the charter, then this act shall be in full
force and effect; but if a ► laiOrity of the votes so cast shall be against the
charter, then this act shall remain suspended, unless thereafter enforced as
herein set forth.
Sec. 24- A. Lainnie, J. V. Bogert, Walter Cooper, T. B Sacket and P.
Koch are hereby constituted and appointed to act as corn inissioners, and to
serve in such capacity until the first board ofaldermen of said city shall be,
elected and duly qualified. Such commissioners, or any three of there,
shall, if a majority of the elect.)r-i of th_; said city vote it f v. r cif this c'iar-
ter, within 20 days after its acceptance as aforesaid, pr.)cocd to lay out the
territory embraced within the city limits of said city of Bozeman into four
wards, and fix the boundaries of the same; and shall also provide for hold-
ing the first election herein appointed in the several wards of said city ;
shall fix the place for holding Fiaid election in each of said wards; shall ap-
point the persons to act as judges of election in each of said wards, who
shall be sworn and whose places may be filled, in case, they do not serve,
as prescribed by law in other elections. Said election shall be held and
returns thereof made and certitied in all respects as provided by law for
the election of members of the Legislative Assembly. A copy of said re-
turnsof said election shall be then immediately delivered to the cornmis-
sioners, who shall canvass -.,he same within three days froin the time
received, and the persons receiving the highest nuinb,:,-r of votes for the
several offices to be elected under this act, and the alderalen of each ward
shall be declared by said coin!A-iissioners, or any four of them, duly elected
to said offices. If two or more persons shall, at said election, receive the
same number of votes for one of said offices, the com► i issioners snall deter-
mine the same, by lot. Thereafter, on the first NMonday in April, each an-
nual election shall take place.
SEc. 25. In case of rejection of this charter by a rnajoritv of the voters
at the first election, or at any time or flines thereafter, when sixty of the
qualified voters of said city shall petition said commissioners for a re-sub-
mission of said charter to the voters of said city, then it shall be the duty
of said commissioners to again submit the adoption or rejection of this
charter to a vote of the qualified voters of said city,and if up• n said second
UITY CHARTER.
Submission a majority shall adopt this charter, than be in
the same shall k
full force and efloct from the time of its adoption. Said re-submission shall
shall
be conducted as in section 24 provided, and whenever said cornrn ssione;s,
or a. majority of them present in said city, shall be of tine opinion. that an
incorpnra,tion is desired, they may re submit said charter, so many Linea
as.in their judgment shall be proper, for adoption, or rejection, in the man-
vier in said section provided.
88c. 26. And in case of occurrence of any vacancy, from any cause
whatever, in said board of commissioners, the remaining nu be r of tnem_
hers shall appoint others to fill the said vacancy or vacancies; and shall so
do that the provisions of this act shall not fail at any time.
Sic. 27. This act shall take effect and
passage. be in m force fro and after its
Approved March 7,-1883.
CITY ®
ORMNANCE NO. 1.
-'01 1,----
CHAPTER T.—coN-�CERNUNCT APPOINTMENT Or. VOLICEUEN.
S, r-ic- 1, The city council may appoint two policemen, who shall be
night watchmen, and -who shall be paid such salary as shall be fiKed by the
council, and whose term of office shall be one year from the (late of their
appointment and qualification, and until their successors are duly appoint-
ed and qualified : providz d, however, that the city council r1layat any tine
reinove any of said officers for inefficiency, neglect of duty or corruption in
office.
CH -VPTER IT.—CONCERNUNG THE, DUTIFS AND OF CITY OFFICERS.
SEC. 1. It shall be the duty of the police magistrate to keep the docket
required by the laws of 'Alontana Territ orv, to be, -kept by justices of the
peace; to hear and determine all cases that may be instituted in the police
court under and by virtue of the ordinances of the city; to pay all flues
collected for violations of said ordinances to the city treasurer as'. s:0011 as
collected, Ile shall give a bond to the city in the penal sum of two thou-
sand dollars, to be a-oproved by the city councE', and shall be paid such
salary as shall be fixed by the city council, and shall receive such fees as
are allowed justices of the peace in civil and criminal cases, wherein the
city is not, liable for the saine, and are paid by the defendants in said cases.
SF,c- 2. It shall be the duty of the city attorney to prosecute all suits
for the recovery of fines and penalties, and for the enforcenient of the
ordinances of the city, and to prosecute or defend all suits by or against
the city or any of its officers on account of their offlk-iai act's. Ile Shall
callse executions to be 'issued on all judgments hi favor of the city and
attend to their prompt collection, and pay all moneys received bv him on
account of the city to the city treasurer,
SEC. 3. The city attorney shall draft all ordinances and all instru-
ments in writing required by any ordinance or order of the city council
and he shall be the legal adviser of the city and all o£' its officers in all
matters pertaining to their respective Offices.
SBc. 4. The city attorney is hereby authorized to take appeal in all
CITY ORDINAMOES. 15
suits, that in his oj,inion, and in the opinion of the mayor, with the con-
sent of the council, the iuterests of the city way require, and prosecute or
defend the same in the District or Supreme Courts; and to make the neces-
sary affidavits, and to execute in the name of the city,the necessary appeal
nr other bonds, and sign the same as city attorney.
SEC, 5. As city clerk be shall be the keeper of the city sea], and shall
be the custodian of all the city records, and attend all meetings of the city
council, and keep the minutes of their proceedings in a book to be provid-
ed for that purpose. He shall countersign all warrants, drawn on the city,
treasurer and enter the same in a book to be kept by him for that purpose,
giving the date, numb6r, amount, in whose favor drawn, and for what pur-
pose, and the date of cancellation of each warrant. He hall keep a book
in which all ordinances of the city shall be recorded, with a memorandum
showing when the same were posted, as prescribed by the city chartor, and
also, if the same are r)ublisbed, the date of such vublication; and he shall
perform such other duties as may from time to time be enjoined upon him,
by ordinances or order of the city council.
SEC. 6. Tile city attorney and clerk shall give bonds, with two suffici-
ent sureties, to be approved by the city council, in the suin of two thousand
dollars, and shall receive such salary and fees as is just and reasonable, and
such fees for cases prosecuted or defended in other than the city courts by
him as the council may in their discretion allow.
SEC. 7. 'The city assessor shall make a just and true annual assessment
of all taxable property, real, mixed and personal (except such as shall be
exempted by ordinance), ",ith in the limits of the city,and return the same
as the ordinances may require.
SEC, 8. As collector he shall faithfully collect all taxes that may be-
come due. He shall cancel each warrant on his register as the same is
taken tip and paid, and report all warrants cancelled, quarterly to the city
council, and then deliver such warrants to the city clerk for the action of
the city council.
SEc. 9. As treasurer he shall keep a true account of all moneys re-
ceived by bim, stating from whom and on what account the same were
received, in suitable books to be provided by the city, and kept by
him for that purpose. He shall pay from the treasury such moneys as may
be ordered by the city council, only on warrant therefor, signed by the
mayor and countersigned by the city clerk, stating for what purpose the
nioney is appropriated,
SEC. 10. Whenever any city warrant is Dre-sented for payment, and
there shall be no funds to pay the same, it shall be the duty of the treas-
urer to register such warrant in a book to be kept for that purpose, stating
the (late, number and amolint of such warrant, the name of the person to
whom the same is payable, the name of the person presenting the same,
and the date of such presentation; he shall endorse uponsuch warrants the
CITY ORDINANCES.
date of such registration; and all warrants shall be paid by him in the
order in which the same are registered.
6Ec. 11. As treasurer and collector he shall at the end of each quarter
of the fiscal year, and oftener, if required, prepare and deliver to the city
clerk a full and complete report for the quarter, stating the amount of his
receipts and expenditures. and exhibiting-- all accounts and vouchers for
settlement with the city council, and semi annually he shall prepare and
lay 'before the city council, a full, true and explicit statement of the receipts
and expenditures of the city for the preceding six montlis.
SF-c. 12- The city assessor, collector and treasurer shall give bonds to
the city, with t',N o or more sufficient sureties, to be approved by the city
council, in the penal sum of ten thousand dollars; and as Cornpensation for
his services he shall receive six per centurn on all moneys collected or paid
into his hands as fines, Sees, assessments for lipenses and taxes,
Sr,ic, 13. It shall be the duty of the city marshal to suppress riots, dis-
turbances and breaolies, of the peace; to apprehend alt riotous,- disorderly
persons and disturbers of the peace, and all persons in the act of commit-
ting any violation of an of the ordinances of the city, or who inay have
Z�_ - y
corna-iitted any such offence, and to take such person or persons forthwith
into custody, and if in the day tine, or on any secular day, to bring such
prisoner or prisoners before the police magistrate to b� dealt with accord-
ing to law, and if in the night time or on Sunday to keep such Person or
i)ersons in custody until the next day, for examination or trial by such
police -magistrate. Whenever the rnarshal.
shall have knowledge of the
breach of any ordinance or when informed by any person of any violation
of aiiy cit-y ordinance, lie shall make complaint or cause the same to be
done before the police inagistrate, and obtain a warrant for the arrest of
the oflender. Ile shall be keeper of the city prison, and city pound, and
be the custodian of all chattel property b.elonging to the city. He shall
have general supervision of police and night-watchmen, when cn duty, and
assign them their rounds and stations, and direct them in the discharge of
their duties. And generally lie shall perforni all duties properly belonging
to his office or that may be devolved upon him say ordinance or order of
the city council, or direction of the mayor as chief executive thereof. He
shall give bands to the city, with two'sufficient sureties, to be appro-,red by
the city council in the penal suua of two thousand dollars.
Sr-.c. 14. All policemen or night-watchmen aupointed permanently by
7
the city council, shall give bond to the City, with sureties, to be approved
by tile council, in the penal suet of one thousand dollars.
SiEc. 15, There shall be a street commissioner appointed by the city
council, who shall have the supervision of all streets, alleys and sidewalks
in the city, and superintend an.-It direct, under the city ordinances or orders
of the city council, the cleaning, repairin,t and construction of th e same
He shall make out a list of all persons bable to labor on the streets and
CITY ORDINANCES. 17
a,lIe3-s, in a boob to be provided by the city council for that purpose, and
Avhen any person shall perform such labor, the words " ,aid by labor" shall
be entered on such list opposite the raan'le of such person; and whenever
any money shall be paid in lieu of 9abor, the words "paid in money" shall
be E�o entered, and all moneys received by hirn for the use of the city, shall
be immediately paid to the city treasurer.
SI•.•c_ 16. The street con-linissioner shall give bonds to the city, with
two sufficient sureties, to be approved by the city council, in the penal sum
of one thousand dollars.
SEc, 17_ All officers of the city government shall take and subscribe
the official oath proscribed -by statute of the Territory of Montana,
S,cc,. 1S_ The bonds of all city officers, with their official oaths endors-
ed thereon, shall be filed with the city clerk. That of the city attorney
small be filed with the city treasurer.
Adopted and approved April 12, 1883.
�
,'. BC7(�ERT, Mayor.
Attest : J. J. DAVIS, City Clerk. J.
ORDINANCE NO. 2.
.o;
CONCERNING THE POSTING AND PUBLISHING of THE ORDINANCES of THE CITY of
I3OZEMAN.
Be it Ordained by the City Council a� the City of Bozeman
SGCTFo3v 1. That the city clerk, within five clays after the passage of
any ordinance by the city council, shall make out and deliver to the city
marshal three copies ofsaid ordinance.
SEC. 2. The marshal shall forthwith, upon receipt of said copies, post
the same at the following na.rned places. At the door of the city hall, at
the court house and at McAdow's mill.
SEC. 3. Immediately after posting said copies, the said marshal shall
certify to the clerk the date of the posting of said. ordinance, specifying; the
same by its number and title.
SEC. 4. The clerk shall preserve the certificate so returned by the
marshal, and from the date specified in such certificate of the -posting
thereof, said ordinance shall be deemed to have been published, and the
provisions thereof shall take effect.
SEC. 5, And all ordinances passed by the city council may be publish-
ed in at least two newspapers in said city, within ten days after their pas-
sage, provided that .reasonable terms can be made with the publishers of
said newspapers,
Adopted and approved April 12, 1883.
J. V. BOGERT, A-Tayor.
Attest: J, J. DAVIS, City Clerk.
CITY ORDINANCES,
ORDINANCE NO. 3.
-:01
TO SECURE T11E PUNCTTTAL ATTENDANCE OF THE ME-_UBERS, OF THE CITY COUNCIL.
Be it Ordained by the Glity Council of the City of Bozeman :
SEcTiox 1. That from and after the passage of this ordinance, if the
mayor, or any member of the city council of the city of Bozeman, shall fail,
neglect or refuse, without good excuse, the sufficiency of which shall be
determined by the council, to attend promptly on time the regular or ad-
journed meetings of the city council, or shall fail, neglect or refuse to atteil d
any special meeting, after due notice thereof, lie shall forfeit and pay to
the city of Bozeman a sum not less than five dollars nor more than ten
dollars ; if not voluntarily paid to be collected as other fines, by suit with
costs.
Adopted and approved April I2, 1883.
J. V. BOGF,,RT, Mayor.
Attest: J. J. DAvis, City Clerk.
ORT)IN-A.-NCE O. 4.
-:0:-
FIXING THE TVVIE OF THE REGULAR MEETINGS OF TITE CITY COUNCIL OF THE CITY
CF BOZEMAN, AND PRESCRIBING THE ORDER OF BUSINESS.
Be it Ordained by the G-Vy Council of the City of Bozeman :
SECTION 1. The city council shall bold it's stated rneetinf-rs, for the
transaction of municipal business, on the first Thursday in each month, at
the hour of seven o'clock P. m., or such other hour as may be fixed by re-
solution. Special meetings may be called by the mayor, or any two alde-_
men, at any other time; the city elerk, on their requisition giving reason-
able personal notice thereof in writing to all members of the city council
present in the city. All meetings, unless otherwise ordered for good cause,
shall be held at the city hall.
SEc, 2. At the hour apvointed for meeting, the city council shall be
called to order by the mayor, or, in his absence, by the clerk, who shall
proceed to call the roll, note the absentees, and announce whether a
quorum be present. In the absence of the mayorthe council shall appoint
one of their own number, generally or specially, who shail preside and
discharge all the duties of the mayor- Upon the appearance of a quorum
the council shall proceed to business in the following order:
CITY ORDINANCES.
1. Reading, amending and a - -
meeting. M Pproving the minutes of the previous
2. Reports of officers_
3. Reports of standing commAtees.
4. Reports of special committees.
5. Presentation of petitions and communications.
6. Unfinished business.
7. New business,
SEc. 3. All questions relating to the priority of business shall be de-
cided without debate.
SEC. 4, The mayor shall designate and appoint the members of such
standing committees as the council may deem necessary.
Adopted and approved April 12, 1883.
Attest: J. J. DAVIS, City Clerk. J. V. BOGERT, Mayor_
ORDINANCE NO. 5.
-:0:-
DEFINING NUISANCES WITHIN THE CITY OF BOZEMAX, AND PRESCRIBING PUNISH-
MENT FOR ERECTING. TMAINTAINING AND CONTINUANCE THEREOF,
Be it Ordained by the City Council of the City of Bozeman:
SECTION 1. Any person who shall, after the paesage of this ordinance,
within the limits of the city of Bozeman, keep or maintain any pen, in-
closure, stable or building for cattle, horses or other animals, in such a
filthy condition as to be offensive to neighbors or passers-by, or injurious
to the health of the neighborhood, such person shall be deemed guilty of
maintaining a nuisance, and on conviction thereof shall be fined in a sum.
not less than one dollar nor more than twenty dollars, and costs of suit,
and the continuance of the same for every day, after being notified by any
city officer to abate the same, shall be regarded as a separate offence, to be
punished by like fine.
SEC. 2, If any person shall suffer any cellar, vault. Private drain, pool,
privy, sewer or grounds upon any premises belonging to or occupied by
him or her,to become nauseous, foul, offensive or injuri)us to public health,
or offensive or injurious to any Person, such person shall be deemed guilty
of maintaining a nuisance, and on conviction shall be fined not less than
one dollar nor more than twenty dollars, and costs of suit, and the continu-
ance of the same_, for every day, after due notice by any city officer to abate
the same, shall be deemed a separate offense, Du"nishable with like fine.
SEC. 3. It shall be the duty of the owner of any animal dying within
the cite limits, forthwith, or with all reasonable despatch, and before the
same become offensive from decomposition, to remove the same beyond
20 CITY -ORDINANCES.
the city limits, and burn or bury the same; any such owner who sliall fail,
neglect or refuse to remove, bury or burn the same, after reasonable notice,
or who shall throw or leave any such. dea I animal in any public way, or
on any private .-rounds, or in any water course, or in any pit or vault un-
buried, such person shall be deemed to have maintained a nuisance, and
upon conviction thereof shall be fined not less than five dollars nor more
than twenty-five dollars, and the costs of suit; an(i if the person responsi-
ble therefor shall not proceed at once to abate such nuisance, it shall be
done by the city marshal, and the costs thereof may be recovered in an
action before the police magistrate, in addition to the penalty lie-reiribefore,
providt-d for.
SEc, 4. If any uerson shall throw, place, or conduct, or suffer any
member of his or her faiiii1v to throw, place or conduct into any street,
alley or lot, any putrid or decaying meat, fish, fowl, hides or skins of any
kind, or any bind of fifth.. offal, dun ,dead animals, decaying vegetables or
fruits, or other offensive matter whatever, or anythih_ likely to become so
or shall allow stick filth, offal, dung or other offensive matter as aforesaid
to be or remain upon his or tier promises, or in any out-house, stable, privy
or other place occupied by him or her, or in any street or alley in rear
or
front of snch premises, in such manner as to be offensive to the nei1rhbor-
hood, or offensive or injurious jurious to any person, ()'r if any person or Dersons
conductin.g. water acrOsi )ralon,, arly street or alley shall allow or cause the
same to overflow, or shall conduct water across any street or alley in open
ditches or flumes, every such person before mentioned shall be deemed
guilty of maintaining a nuisance, and on conviction shall be fined in a sum
not less than one dollar nor more than twen.ty dollars. and costs of suit for
each offense, and the continuance of the sarne for every day, after being
notified by the city marshal to abate the sauie, sha 11 Le rt Lorded as a sepa-
rate offeiise, to be punished by like fine.
S.Ec. 5. If any person shall keep or maintain any pen, enclosure,
stable or building for swine, or shall slaughter or kill any cattle, calves,
sheep or swine within the city limits, or occupy or use any yard, pen, en-
closure or building for the purpose aforesaid, without written permissioa
from the city council, every such person c-!!all be deemed guilty of main-
taining- a. nuisance, and upon conviction thereof snall be fined not less than
Live dollars nor more, than fifty dollars, and costs of suit; and every day's
continuance of such a nuisance, after being notified to abate the same by
any city officer, shall E)e deemed a separate offense, punishable with like
fine.
SEc_ 6. It shall be the duty of the occupant of any preinises within
the city limits to keep the sidewalk in front of and adjoining tne premises
so occupied, clean and safe for pedestrians, and such occupant shall with
all reasonable dispatch remove snow, ice, slush, mud or other impediment
to safe and convenient foot travel, and prevent the continuance and accu-
CITY ORDINANCES. 21
mulation of the same. Every person,failing to comply with the provisions
of this section shall be deemed guilty of maintaining a nuisance, and upon
conviction thereof sliall, be fined not less than one dollar nor more than
ten dollars, and costs ofsuit, and a like sung for each day that such Duis.
ance is continued, after notice to abate the same by any city officer.
SEC- 7. If any person, after the passage of this ordinance, within the
litni is of the city,shal I throw or deposit loose or waste papers, straw, hay or
waste clothing, hats, boots, empty cans, boxes ur other unsightly, coarse or
inflammable rubbish in any of the streets or alleys, or shall allow the same
to accumulate ,upon premises occupied by him or her, so as to becoir-le dan-
gerous to such or adjoining premises, such person shalt be, deemed guilty
Z75
of maintaining a nuisance, and upon conviction thereof shall be fined not
less than one dollar nor more than ten dollars, and costs of suit, and a like
sum for each day that the nuisance is continued, after notification by any
city officer to abate the sante.
SEc, 8. If any person, after the pa-,sage of this ordinance, shall durnp,
en,PtY or throw manure, tin cans or other coarse rubbish, or dead animals
into any open or covered water ditch, flume or natural course, within the
limits of the city,such person shall be deemed guilty of maintaining a nuis-
ance, and upon conviction thereof shall be fined not less than one dollar
nor more than ten dollars, and costs of suit_
SEC, 9. It is hereby constituted and declared a nuisance within the
limits of the city, to allow wagons or other vehicles to remain in and curn-
ber the streets and alleys in front or in the vicinity of livery stables, black-
smith shops, wagon and paint shops, or elsewhere in said streets or alloys.,
and any person who shall, after the Passage of this ordinance, continue to
y ?=
use and occupy the public streets and alleys for such p urposes shall be
deemed guilty of maintaining a nuisance and shall be. fined therefor not
less tha'a one dollar nor ruore than, twenty dollars, and costs of suit.
SEC. 10, In case any such nuisance shall be in, upon or about any
vacant or unoccupied lot, tenement or structure within the city, owned by
a resident or non-resident with no agent living in the city, the city council
may by order direct the marstial to abate such nuisance, which shall be
done at the owner's expense, and the costs thereof nlay be recovered in a
civil action against such owner, and his property sold to satisfy any judg-
ment recovered.
Adopted and approved April 19th, 1883.
Attest: J. J, D vis, City Clerk. J. V. BOGERT, Mayor.
ORDINANCE NO. 6.
—:o:—
C70-N-CERNING CITY EL ECwrIONS_
Be it Ordained by the City Council of the City of Bozeman:
SECTION 1. Until otherwise, ordained, the division of the city into
22 CITY ORDINANCES.
wards shall continue as designated by the Charter commissioners, and a
poll shall be provided in each ward.* At all elections under the charter or
required by ordinance whether annual, or special, the voting shall be by
ballot, and C-.e elections shall be subject to tl-,Le same regulationg,,and con-
ducted in the same manner, unless otherwise prescribed by ordinance, or
required by the charter, as is now, or shall be, at the time of holding
such elections, provided by the laws of this Territory for general elections;
and no vote shall be received at anv of said elections unless the person
offering to vote shall have the qualifications to vote at said election pre-
scribed and defined by the city charter with reference to said election, and
the purpose thereof, whether general or special; nor unless said person be
a resident of the ward in which said vote is offered.
SF,c,. 2, Whenever anv vacancy shall occur in any city office, which by
the charter must be filled by election, by reason of death, resignation. re-
moval from the ward or city, or other cause, the city council shall immed-
iately order a special election to fill such vacancy_
SEc. 3. At all elections, whether annual or special, unless otherwise
ordered by the city council, the polls shall be opened at one o'clock p. m.
and closed at six o'clock p. m.
SEc. 4. The city council shall cause notice of all elections to be pub-
lished in the city newspapers, if daily, for at least :iii days, if weekly, for
two weeks, prior thereto, designating a place in each ward where the polls
shall be held, and shall provide suitable ballot boxes, as required by law of
this Territory. The city clerk shall pr..)vide poll books for the use of the
election boards; and it shall be the duty of the city marshal to see that the
ballot boxes, an-1 every thing needed by the election boards shall be sup-
plied.
SEc. 5. The city council shall select two judges of election for each
place of voting; if practicable such judges shall not be of the same political
party; they shall be notified of their selection by the city marshal, at least
three days prior to the (lay of election. Said ju,'Ages, siiall choose a clerk,
and the three shall constitute the election board for the p-)ol. Each shall
possess the qualifications of an elector.
SEc. 6. If for any cause the council shall fail to apDoint judges, or if
the judges appointed shall fail t o appear and qaalify at the time and place
fixed by the opening of the polls, the vacancy may be filled by the qualifi-
ed -voters present.
SEc. 7. Before receiving any votes, the judges and clerk shall t3.ke and
subscribe the oath prescribed by the statutes of this Territory, for judgee
*The territory embraced within the different wards, is a•3 follows
PFirst Ward---.H north of Main street and east. of Bozeman street.
Second Ward—All north of Main street and west of Bozeman street.
Third Ward—All south of Main street and west of Black street.
Fourth Ward—All south of Main street and east of Bl.tck street.
CITY ORDINANCES. 23
and clerks of ele--tion, v;,hich oath shall be attached to the returns.
Sr-c, S_ The clerk shall enter the name of every Person voting, and
-number the Dames consecutively, If any person offering to vote shall be
challenged for any cause, one of the judges shall state to such person the
qualifications of a voter, and thereafter, unless the challenge be withdrawn
or such person is known by the judges to be a qualified elector the oath
shall be ad w inistered by one of the judges and the fact noted by the clerk,
by writing the word "sworn" opposite to such name.
S,Y,c,. 9. After the canvass of the vote is concluded, the judges and
clerk shall make and subscribe a return of the same, giving the name of
each person voted for, the office for which be was voted, and the number
of votes lie received- If the election be upon an ordinance or proposition
for the levy of a special tax, or any similar proposition,they shall state Uie
nun-iber of votes given for or against such proposition. One of tho.judges
shall take charge of the ballot box, in which the ballots shall all be replac-
ed after the canvass, and it shall be securely sealed and returned to the
city clerk within twenty-four hours aPer the completion of the canvass.
The clerk of the election board, after the returiis have been completed and
attached to the poll book, shall return the same, properly sealed, to the
city clerk, within twelve hours after the coLnpletion of the canvass, either
by delivering the same personally, or by depositing them in the post-office
properly directed and postpaid.
S)@C. 10. Unless the city council have ordered an adjourned meeting
for the purpose of canvassing the votes of such election, as soon as the re-
turns are all received by the city clerk, lie shall notify the mayor thereof
and lie shall call a meeting of the council forthwith. Said meeting,
whether fixed by the council cr called by the mayor,shall be within twen-
ty-four hours after the time fixed for the reception of the returns by the
city clerk have transpired. At such meeting the clerk shall open the re-
turns in the presence of the council, which shall becanvassed by the coun-
cil, and those persons declared elected who shall have received the highest
number of legal votes; and such ordinance or proposition for special tax, or
otherwise, shall be declared ratified or adopted, or rejected, as may be
shown by the votes cast fJr and against sucli ordinance or proposition.
The result shall be entered on the council journal, and the city clerk shall
issue certificates of election to the persons declared to be elected to office,
Suc, 11. All election contests for any city office shall be tried before
the city council, and any legal voter desiring to contest the election of any
person elected to office, shall serve five days' notice in writing upon the
person whose election is contested, either personally or by leaving a copy
of said notice at the usual place of residence of such person, and within
the same time shall file with the city clerk a petition addressed to the
council, setting forth the name and. office of the person whose election is
contested, And the grounds of contest; and the city council shall appoint a
special meeting, giving reasonable notice to all parties, and at sue;, time
24 CITY ORDINzkLACES.
and place shall hear all legal and proper testimony presented by either
party; or in its discretion the council may o rdor the testi mony and hearing
before, a committee of the council, consisting of not less than three mem-
bers thereof; and upon its own hearing, or the report of its coil rnittee, the
council shall determine such contest and shall award the certificate to the
person justly entitled, or may order a new election.
SEC. 12. In case of a tie vote for mayor, or other elective office, except
aldermen, and such is ascertained by the council at the canvass of the
election returns, the council shall forthwith proceeLl to d--cide the saruz- by
a vote of the council. In case of a tie in the election of alderuien. Vie city
council shall proceed to settle the same by lot, and at the next regular
meeting of the city council after the election is had and the vote can-
vasseclas aforesaid, the new officers shall take their seats as follows, at the
regular meet.in,-, held in May after each general election, and at the first
regular meeting following any pccial election-
13. Judges and clerks of election slialL each be allowed two dol-
lars for their services.
,kdopted and approved April 28, 1883.
Attest: J. J. DAVIS, City Clerk. J. V. 130GERT, Mayor.
ORDINANCE NO. 7-
:0:-
CONCERNING :DOMES` TC AN131ALS RUNNI'7G AT LARGE.
Be it Ordained by the City Council of the City of Bozeman_-
SEcTxoN 1. It shall be the. duty of every person owning or keeping do-
nie-stic animals, to wit: Horses, mules, asses, cattle, slieep, goats, swine,
within the limits of this city, to provide for the keeping of the same,
within or upon his or lies own premises, at all times,save when necessarily
or temporarily passing through the streets, and then such animals must be
attended by some one to take care of them,' and prevent their doing-,
dairage to person or property. Any person who, contrary to the provisions
of this ordinance, shall allow any of said domestic animals belonging to
him or her, to run the streets or trespass upon the premises of another.,
shall be deemed guilty of a wisdcmeanur, and be fined not exceeding twen-
ty-five dollars and costs.
SEc. 2. The city marshal, as pound-keeper of the city, shall provide a
pound of suitable character,at the expense of the city, for the impounding
of any of the animals heretofore mentioned, found running at large in the
streets or alleys of the settled p:)rtions, of the city, or found trespassing or
doing damage in any part of the city. It shall be the duty of said pounct-
-keeper to take such animals into custody and to notify the owner thereof,
CITY ORDINANCES. 25
and if fie does not pay the fine and costs Provided in section four of this
ordh)ance the marshal shall file a complaint against the owner. If 110
owner can be, found the pound-keeper shall put a notice on the gate or door
of the wound, desci ibing said an inj. 1, for the period of two days. if no
owner appear within that tine to claim said property, and it is of no
greater value than fifty dollars, Said property shall be sold by tf-e marshal
ot Public auction to the highest bidder, notice of such sale baviriz been
given at least five (lays prior tliei'-eto, by -notice posted i-n three public
places, in said city, and if said animal shall be of greater value than fifty
dollars, at least ten days notice shall be given before the same shall be sold
by the marshal, and the proceeds shall be applied to the payment of costs
Sts
nd impounding and keeping), said anitual, the surplus, if any, to be paid
into the city treasury. Provided, that if the true owner shall appear
within three months, and show to the police magistrate that he or she is
the rightful owner ofsuch animal, the said surplus shall be paid over to
him or her by order of the Police magistrate directed to the city treasurer.
SEc. 3. Any person who shall obstruct or attempt to recover from the
city marshal or policeman, or other person engaged in driving to PoLfad
any anirnaJ liable to be impounded, or who shall break open or attempt to
break open, or assist or encourage others to bread open the city Pound, or
shall in any way atteix_ipt to remove any animal therefrom, unlawfully,
shall be deemed guilty of a misdei-nean-,r, and upon conviction shall be
fined not less than five dollars, nor more than one hundred dollars.
SF,C- C Any person appearing or claiming any animal taken for viola-
tion of this ordinance, and proving title to the Satisfaction of the marshal
or policeman, before any complaint nt has been filed or action begun, may
have the sarne deliv;:red to such owner upon payment of cost of impound-
ing and keeping, and a minimum fine of one dollar to the officer, to be
paid by hin-i forthwith into the city treasury.
SEC. 5, It shalt be the duty of the pound keeper to see that every im-
pounded animal has sufficient and proper food and water, also shelter and
other care when needed. For any violation of the provisions of this sec-
tion the pound keeper shall be deemed guilty of a
misdemeanor, and upon
conviction shall be fined not exceeding twenty-fi ve dollars.
SjEc. 6. For taking urn and impounding any animal,the officer or other
person performing the service shall be entitled to a fee of one dollar, and
for the care and feed of such animal, fifty cents per day.
SEc. 7. This ordinance shall be in force from and after the tenth day
of May, 1883.
Adopted and approved May 1, 1883.
Attest: J. J. DAVIS, City Clerk, J. V. BOGERT, Alayor.
26 CITY ORDINANCES.
ORDINANCE NO. 8-
C(')NC6R'NJNG OFFENSES AGAINST G0017 ORDER AND "10RALS.
Be it Ordained by the City Council of the Qity of Bozeman :
SECTIONT 1. Tbat any person, withir, the limits of the city of Bozeman,
who shall wilfully and maliciously or intentionally and unnecessarily dis-
t!irb the peace or quiet cf any street, neighborhood, fan)ily or person, by
loud or unusual noises, vocal or instrumental, or shalt inake, false alarms by
crying fire, or shall threaten, quarrel, scold or hallo, or hall provoke or
con-iinit an assault, or an assault and battery, or by any other means what-
ever, disturb the peace, or if any person shall curs,,, or swear, or utter any
obscene, vulgar or indecent language, every such person shall be deemed
guilty of a misderneanor, and upon conviction shall be fined not less tharl
five dollars nor snore than one hundred dollars-
SF,c.. 2. Any person permitting any such disturbance described in the
foregoing section upon premises owned or occupied by him or her, shall bo
deerned guilty of a misdemeanor, atid upon conviction shall be fined in any
suns not exceeding one hundred dollars_
SEC. 3. If any person or persons, within the limits of the city, shall
by agreement or other�vise, plan or encourage any dog fight or cock fight,
M zr, -
or a light of any kind between any anini-ali,' lie or they scull be deemed
,4uilty of a misdemeanor, and upon conviction shall be tined not less than
five dollars nor more than twentv-fie dollars. And it is hereby made the
duty of the marshal or voliceman to prevent or stop such fight, and arrest
all persons riding
or abetting such fight.
SEC. 4. Every per.3on, within the litilits of this city, who shall be
found drunk or intoxicated in any street or public place, or intruding upon
any private premises against the assent of the occupant, 'Or in that condi-
tion annoying and Frightening passers-by on streets or sidewalks, or sleep-
ing in that condition in any public place within the city, shall be deemed
guilty of a mi!Fdeweanor,-, and on conviction shall be flined not less than five
dollars nor more than twenty dollars; and it i-; hereby inade the duty of
the marshal and policemen to arrest such drunken persons f:)fthwith, with
or without warrant, and co!nn-ift Lim, or them to custody until sober. and
as soon thereafter as can reasonably be done take such person before the
Police magistrate to be dealt with according to law.
SEC. 5. Every person, Within the limits of this city, who shall sin,)ke
or otherwise use opitim in any foriji or preparation to produce intoxica-
tion, and any person who Shall hereafter keep any house, room, or other
place in which opium in any fora or manner is used f,)r s-,Ich purposes, or
who shall entice, persuade, or in any way in+,ice or encourage any pers-)n
UMP"eavu by Ughdinfince 2_
CITY ORDINANCES. 27
to smoke or use Opium in any form for such purposes, or who shall use
Opium in any form for himself for the purpose Of intoxication, shall be
deemed guilty of a misdemeanor, and upon conviction shall be fined not
less than ten dollars nor more than one hundred dollars and costs.
SF,c. 6. Any person who shall wantonly disturb any religious meeting-
or other lawful assemblage, whether at church, or any public hall, or pri-
vate house, by day or by night, by rude,Profane,obscene, or other offensive
speech, or by noises, or by any rude, offensive or improper behayior, or
otherwise. shall be deemed guilty of a misdemeanor. and on conviction
shall be fined not less than five dollars nor more than twenty dollars.
SEc. 7. Any person who shall appear in any public place in a state of
nudity, or in a dress not belonging to his or her sex, or in an indecent or
lewd dress, or shall make an indecent exposure of his or her person, ckr'be-
v-,uilty of any indecent or lewd acts or behavior, or shall Exhibit, sell 617
offer to sell or dispose of in any manner, any indecent or lewd book, pic-
ture or thing, or shall exhibit or Perform any indecent, immoral or lewd
z_-
play, act or ocher representation, shall be deemed guilty of a misdemeanor,
and on conviction shall be fined not less than five dollars nor more than
one hundred dollars.
SEc. 8. Any person who shall be guilty of making an indecent exhi-
bition of any stallion, jack, bull or other anirnal, shall on conviction, pay a
fine of not less than five dollars nor more than twenty dollars.
SE
-C. 9. If any person shall inhurnartly, unnecessarily or cruelly beat-
or otherwis6 abuse any dumb animal, lie shall be fined not less than ten
dollars -nor more than fiftil dollars.
SEc. 10. If any person shall immoderately ride or drive any team, or
single animal through any of the streets of the city, or shall ride, 1t-ad or
drive any horse, mule, ox or cow upon or alongany of the sidewalks ofthe
city, such person shall, on conviction, be fined not less than five dollars nor
more than fifty dollars. Ari(I it is hereby made the duty of the marshal
and policemen to stop any such driving or riding forthwith, and arrest the
SAC. 11, No person shall leave standing unf'astened withol't a driver
o , -
r some one within reach, and ready to catch hold of or control the same,
any horse or other animal, single 4. r in teaul, in harness or attached to
wagon, sleigh, or other vehicle, so that ti'0 S-10le may be liable to run
away, nor shall any Person allow any of the same to -pass through any
.street of the city without a suitable driver Any Der6on violating
provision of this section shall be fined not less than one dollar nor more
than ten dollars.
S'Ec. 12 It shall be unlawful for the owners or drivers of tean-Is or
single animals to obstruct the crossings, of the streets, by halting or hitch-
ing such teams or -animals sc> that they obstruct any sidewalkk. Any person
Who, after due and reasonable notic'e" , -shall cOntillue to obstruct the streets,
28 CITY ORDINANCES.
sidewalks or crossings, as herein prohibited, shall be fined not exceeding
ten dollars.
SEc. 13. The owners or occupants of premises on the main streets of
this city, shall not use for the display of goods or for any other purpose,
any part of the sidewalk in front of their premises, and shall be held re-
sponsible that the sidewalks are at all times free from obstructions, save
when temporarily occupied in receiving goods. Any violation of this sec-
tion shall be punished by fine not exceeding ten dollars for each offense.
SF-c. 14. No owner or occupant of any premises shall leave open ox
suffer to be left open, any trap door or gratinz upon, or so close to any
sidewalk, that passers-by ma3, be liable to fall therein, and whenever for
any temporary purpose of building or repairing it may be necessary to take
pp or remove any portion of any sidewalk or street, permission thereof
shall first be had of the city marshal, and ample security shall be made at
all times against any accident by reason of the same. Any violation of
this provision shall be punished-by fine not exceeding one hundred dollars,
and the offending party shall further be liable in a civil suit for any pecu-
niary damage that may ensue by reason thereof.
SFc. 15. No person within the fire limits of this city shall leave or
keep hay, straw or other combustible fodder in open stacks or otherwise
than securely covered from fire, nor shall any owner or occupant of prem-
ises within said limits allow- piles or quantities of open and broken packing
boxes, paper or straw to be., or accumulate, in any part of said premises.
Any person who -shall violate either provision of this section, or who shall
re Ilse.to take, care of said hay, straw or combustible rubbish, after being.
-notified to do so by the marshal, shall be fined not exceeding twenty-five
dollars.
SFc. 16. Hereafter it shall be unlawful for any person to hang or keep
any projecting sign on his or her premises on Main street, or build or keep
any window projectiag beyond tlae line of the lot of the said premises.
Neither shall an*v wooden awning or posts to support the same be allowed
in front of any premises on Main street, and any person violating the con-
ditions of this section, shall be fined in any sum not exceeding twenty-five
dollars, and the city marshal is hereby authorized to remove all such
obstructions, after giving thirty days' notice to the parties keeping the
same. Provided, that all f-ucli as manifestly obstruct h e,t sidewalk shall be
moved immediately.
SEc. 17. It shall no'. be lawful fear any merchant or (sealer to keep
within the fire limits of the city, any greater quantity of coal oil than one
hundred gallons,-and that in original"packages or tanks equally secure, nor
any quantity of powder greater than one hundred pounds, and that in tin
or iron cases or canisters, nor of giant powder -caps, not
Z5 more than two
th-ousand, nor of any other inflammable or explosiv.e. material in large
quantities, or in unsafe vessels or packages, and any person violating any
CITY ORDINANCES. 29
-provision of this section shall be fined not less than five dollars nor more
than fifty dollars. 'I
18. It shall be unlawful within the limits of this city for any per-
son to bnild bonfires in any public street, square or vacant lot, without a
special permit from the mayor, nor without like permit for any torch-light
procession to parade the streets, nor shall any person within the limits of
the city be allowed to discharge fire arms or set off fire crackers, rockets or
other fire works without a special permit from the mayor.
SEC. 19. No person within the fire limits of the city shall play at any
game of ball on the public streets or sidewalks, andany person so offending
shall be fined in any surn not exceeding ten dollars and costs.
SiEc. 20. No person within the limits of this city shall conduct any
game of dice, or any game of hazard or chance, or lottery enterprise upon
the public streets, and any person offending against the provisions of this
section shall be fined in any sum not exceeding twenty-five dollars.
Adopted and approved May 1, 1883,
Attest: J. J. -DAvis, City Clerk. J. V. BOGERT, Mayor.
ORDINANCE NO. 9.
—:o:—
CONCERNING i'ROCFZS AND EXECUTION OF SE�-qTpNCE.
Be it Ordained by the City Counc-il .f 0 the City of Bozeman
SECTIO-N 1. That all actions, whether in form civil or criminal, brought
to recover any find, forfeiture or penalty, for a breach or violation of any
ordinance, shall be commenced before We. police magistrate. No warrant
shall be issued bar him until a.c:)niplaint uhd.,-r oath liar been inade before
him, charging a breach or violation of some ordinance, referring to the
Z�
same by number and section, with a brief description of ti-le offense, sub-
stantially as required of complaints in crirn inal cases under the statutes of
the Territory. The warrant shall briefly describe the offemse, shall be re-
turnable forthwith, and shall be in the name of "The Territory of Monta-
na," and be directed to the city marshal (,r any policeman of the city of
Bozeman. At the, option of any officer commencing the same. a suit may
be commenced by SLILLI-mons for the recovery of tl'7e fines Prescribed by
ordinance, in which case no written or sworn complaint shall be required.
Such action shall be in the name of"The CirY of Bozeman." At the time
named in such summons, which must be generally not less than three nor
more than ten days before the trial, whether the defendant appear or not
upon proof of service, the magistrate shall proceed to trial. and on convic-
tion shall enter judgment for fine and costs, and issue- execution therefor.
30 CITY ORDINANCES,
SEc. 2. If any person arrested under warrant shall on trial be con-
victed, and shall not immedi4tely pay the full amount of his fine and costs,
the magistrate shall forthwith issue a mittimus or commitu ent substanti-
ally in form as under the statutes of the Territory, directing the officer
making the arrest to deliver the defendant to the custody of the person
having charge of the city jail and requiring such officer to. keep the defen-
dant in close confinement until such fine and costs shall be paid or satisfied
by law; provided that if any person so convicted can pay part and not all
of said fine and costs, the magistrate shall endorse the same on the ordler
of commitment, and allowance of the sarne shall be madle in the term of
confinement, and provided further that the police magistrate, in case of
any person being convicted and unable to pay the fine and costs may take
good and sufficient security for the payment of the same within a time not
less than thirty days, and the party becoming security shall sign an agree-
ment to that effect to be entered on the docket. If payment is not made
within the time specified a commitment shall issue against the defendant,
and an action of debt shall be instituted against the security.
SEc. 3. Every able bodied male person over the age of twelve years
who has been committed to custody in default of payment of fine and costs
adjudged against him, may be required by the police magistrate to pay the
full amount of such fine and costs by labor on the streets or public works
of the city. under the charge of some designated officer of the city at the
same rate as for confinement alone. S-uch order shall be endorsed upon
Vie order of commitment, and it shall bo the duty of the officer receiving
such commitment, to execute the same according to the tenor and purpose
thereof, and every such person who shall refuse, to work- as required, or do
the same inefficiently or carelessly, shall be returned to jail and be placed
in solitary confinement, or on a diet of bread and water, and -so kept until
the term of his commitment expires or he becomes willing to work and
conduct himself properly; any person so ordered to work out a fine and
costs as provided, if lie shall work dilli-rent1v and will give security to the
approval of the police magistrate for hi.i appearance each knorning during
the term of his commitment, need not be confined in the city jail at night.
The officer or person having charge of any prisoner working out a fine
may impose any reasonable restraint upon bim to prevent any insolence or
attempt to escape.
SEc. 4. In any suit prosecuted under the ordinances of the city,coni-
menced by suniu-ions, any defendant dernandim_- a trial by jury, shall, be-
fore a venire is issued, advance the fees of the jury.
SEc. 5. When any fine shall be adjudged against any woman or any
person under twelve, years of age or one disabled by any cause from per-
forming any labor on the streets of the city, and said person has been com-
naitted to prison in default of paying fine arid. costs, and said person has
been confined not less than ten days, if the police magistrate is satisfied
that such person is unable to pay such fine and costs or any part thereof, it
CITY ORDINANCES. + 31
shall be his duty with the advice and consent of the mayor, to discharge
such person frorn further imprisonment_ But Stich discharge shall not
operate as a satisfaction of the judgment against such person.
S�,c:. 6, Persons arrested for violation of the city ordinances shall be
accorded a trial with all eorivenient despatch._ If ariv officer makes an ar-
rest without a warrant, he shall proceed as soon as practicable to file a
sworn coulplaint and procure such warrant.
SEC. 7. When it shall appear that anv person brought to trial for the
violation of any city ordinance, that in addition to the said offense, such
person has been guilty of a greater or different offense against the laws of
the Territorv, it shall be the duty of the police inagistrite in addition to
the penalty imposed by ordinance, to require such person to enter into re-
cognizance to the Territory for Stich other greater offense, to appear and
answer therefor at the next term of the district court, and in default there-
of skull commit Stich person to custody.
SFc. 8, When any person has been arrested and brought tc trial for
any al leged violation of any ordinance and it shall appear that the prosecu-
tor or c:•oinplaining «vitness has made complaint maliciously, and without
probable cause, judgment shall be rendered a<,4ainst the prosecutor or com-
plaining witness fear costs, and the court may iSSueeXecutiozi to recover the
same, as judgment for debt, and whenever the police magistrate shall
have reason to br-lieve any complaint is actuated by malice in making;
complaint, said magistrate, before issuing process t-nay require the com-
plainant to deposit the, sum slIffiicienc to secure the probable costs.
Sec;. 9. If any person shall resist arrest or attempt to escaoe from the
marshal or any policeman, when in proper dischar„-re of his diity, and after
character informed of the legal authority and official charcter of said officer,
or being imprisoned and confined for the breach of any ordinance or held
for trig: for any such breach, shall break jagl and escape froze such im-
prisonment, or detention, lie shall be firied ira anv stmni not less than five
dollars nor more than one hundred dollars,
SEC, 10. All actions to recover any fixies, fcirfc,ittare=S or penalties for
the violation of any ordinance shall be con-ilnenced r► itliii two vea.rs after
'ihe right ofac-tion accrued.
Adopted and approved flay 31, 1883.
J. V. i3OGERT Mayor.
Attest: J. J. DAVIS, City Clerk_
ORDINANCE NO., 1U.
:o:
PRESCIDING THE MANT ER or RAISING REVEL%—E.
Be it Ordained by the City Council of the City of Bozeman_ i
SECTION 1. The fiscal year of the city of Bozeman shall commence on
32 CITY, ORDINANCES.
the first day of May, and end on the last day of April, in each year.
SEC. 2. At the first regular meeting of the city council in the arAonth of
-May, said council shall .lake tile, annual levy of taxe.- for the year, except
year for the yer 1333, said tax le x' y shall be wade at the regular iueeting
in the month of June, and the same shall be entered on record in its jour.
nai. And all property, real, mixed and personal, within. the litnit,s of the
city, laettx e en the first day of May and tire, last �lav of April following,shall
be subject to taxation, except property of the United 6t.ates, the territory
of Montana, the County of Gallatin,- the city of Bo7.etnan, school houses,
grounds and furniture, publics libraries, asylums and hospitals for charit
able purposes, and not for pecuniar� gaiu; cemeteries, the property of
widows or orphaned children, not to exceed the .al-nount, of one thousand
dollars to any one family, the tools of mechanics and laboring incia, -private
libraries and household furniture;, not uxc:eewditlg in value two hundred
and tifty dollars.
Src. 3. It shall be the duty of the city assessor to '.cake an assessment
of all taxable property within tile, city limits, before, the first day ofticto-
ber in each year. He shali acuurat-ely describe ea(Ji separat4E- piece of real
estate, giving the name of the; o"-ner wtlenl practicable, estimating both
the value of the ground and tlar, itnl,rovenient,s thereon, at their actual
cash value. He shall at the s°imne tinrY make an assessment of nail personal
prol.�erty,subject to taxation... He may require of each resident property.ow•n-
e;r or agent thereof, a statvinel-A of his or her taxable property under oath,
butbuch statement shall not be.cont,lusive of the amnount of the valuation
of U.-e. same. He shall .lake ouL all ass.-ssinent list, in tabular form. and
in alphabetir-L" order, containing the namaaes of tlae persone arse=5sed, with
a description of tile, re-1 estate s., a-7essvd, its value, the -aloe of tlae im
proveaic-nts L,ereon, and tine a-vi-egahe value of the personal property so
a,ssetised_ maid arse ssruent list shall a1 :4t c,mtain proper c4alumns for the
entry of the various. taxes that m1 xy be levied—ad valore7n tax, special
taxes, street tax and delinquent tax. Upon c:om pleti,,n of the assessment,
the assessor shall cause notice; there of to ber published liar at least ten clays
in erne or .lore c;f tit;, city papeni, ncltifr=ing all persons. feeling, a,>grieve-d
by the assessinent to <apfl;-ar before tht- city c°o+Vasil, settin.- as a board of
equalization. Propel-tv arrk-inL- in the city alter mhe rYgtilar assessment
lads been inade, or that has been o\-erlooke,d, snail be assessed and.separ-
ately rf p,irte+l
Sr:c. 4. On the first Aclondra v in Ootl4btkr of each Near, the city council
shall n Beer as a board of egna!ization, and shall coo n,,ct any error that tnay
asap ar to have been 11 ade in the �lssessttaenr, or any improper car unjust
assess.ulent, and shall modify or correct the list of the assessor, as the occ:•a-
Sion naay 1-eg4lire.
Src_ 5. After the sessi n of said board of equalization and after the
sanve shall have:, been corrected as aturesaic!, the a scsat.ar Shail eKtvnd upon
Ili.,; said list the proper taxes to the [)nt.)e:r dill., ns, and the total the,recaf
with xvhich each persona and each parcel of prui,ert� is chargeable, accord-
iDg to the levv..
=re. 6- Mthin twenty clays from the completion of the tax lists. it
slaali k1 e. the, duty of t-la cclllawctclr to send 4or deliver to eAc-h taxpayer cif tile,
city, a written or t.rinted notice of tlae amoulat due front hiin, and tine
tulle-� 'xithin Which it 111416t be paid ; and the said c,,Ilectot• s hall forthwith
proceed to c oltuctt the sat11 and give. receipts theretk,r AN'laen paid. Any
and all taxes ren:iaining titipaid oil the ft1 t day of .December of k ach year,
,hall he deemed delinq nei,t,,.and ay pt realty ttlr su,.,h delinquenc,v, ten per
cent_ there�of'�hall be added thoret,>, and c4)11ected a; part thereof.
Snc. 7. It shall be the d4aty of the collector, immediately after t11e
first day of December, to seize any personal property belonging to, or
CITY 0-Rj)INANCES.
which-.may Have been assessed., to arty taxpayer wtio shall then be delin-
quent, and sell the same, or.as natich thereof as may be necessary, at public
sale, conducted openly and after notice.by,writing, a notice of the time and
place of said sale shall be posted in three public places in said city, not
less than five; not more than ten days prior to,said sale, and describing the
prc,perCy to bW sold. Provided, that nothing hen--in shall be construed to
vrohihit the collector from seizing arid selling personal property, at any
tirue before the first day of Deck-mber ; but it shall be his duty at any
1.`r3je, When there shall a.pt,ear danger of the remaval of property oil whi,ti.
taxes are unpaid by the owner, lroui the city, to seize and sell a sufficient
amount of the saiue to satisfy ttie ;;aid taxes, together with the costs of
seizure and sale. All taxes shall be a lien a�minst the Iroperty upon
which, they are assessed ',;olu the tiale, of the levy thereof, into whatever
ll:,nds it may bass, and such property may be sold to sati;fy any tax assess-
cd there(in.
r �. 8. If any persc,n shall remove or attempt to reniove any prop-
perty from the city or county unol-i which a city tax has been levied, be-
fcrre the saute shall have, been laid or secured, or without leaving sufficient
to -e(;t;re tale paynrerrt crl'satiie, the tax thereon shall be deemed due forth-
with, and it shall be the duty of the treasurer to cause suit to be issLled for
the same fort!.\\ ith. by the city attorney, as f'--,r other debts due the city.
SEC 9. It \;ball be the duty of the t-reasurer, on the first Monday of
January ill each year, having publisned two weeKs previous nGLice of sale,
by poslin„4 notices in three ptlbhc pla's within tire, city, or publication in
souse one or thorn of the city papers, to offer for sale any piece of real
property, on which a tax latiwfully assessed r-mains unpaid, and sell the
same tc> any person offering to pay the taxes, and all charges lawfully in-
curred for the least part. thereof, and said treasurer shall make out, sign
and deliver to the purchaser of any aciai property tllu,s sold for taxes dua- �
the city, a c:erticate c,f purchase, containing a dea criptioi_ of the pro"ii-ty,
the aiiitlttnt of taxes and charges paid by the purchaser and how inucsh
a„d what 1-am of each tract or lot was sold, arncl that fxayn-lent
has been made, therefor. Any number of part;els or laetrile>xr� of lots or land
No :gold all(] bought by one parson, trrav be included in 01-0 same certificate,
atld each certificate nrav bee as hued by writinu eildorsc:d thereon, and the
a:,ci °nee shall be entitled F", sti<:teed tai all t.l,t-. \-milts of° tht: original holder.
All property- offered for sale for which no bid i t made, 14hv.1€ be struck Gaff' to
the city t,f` Bozencan for the whol-t thereor.
Sirs. 10. Heal property sold tinder the pl, ,vitiicrlus of this ordinance
may lac rc-deemed at an-. time within two sears f-rc,tn ttie date of' sale, by
The p<LVlnent to the treasurer of the City, t,, by- hr.ld by hill: subject to the
carder ;,f the pnrcliaser- or leis assia_rtree, of the amount tar \-Bich the saiue
"air sold, and subsegnoiit taxes, and twenty-four per cent. interest per an-
nurii on said ataic>tint and taxes, unless such subtit-quent taxes have,
been tlaid by the person tttr whc,ni redemption is ur�,de, which hai11 be
niade t<, aapiwar by the trees-;urer's receipt.
SEC. !'I. Upon the application of any party entitled to redeem any
r-
al Property wild tinder the nrovisi"t-' of this ordinance, and a. tender of
the amount due, the city treasurer shall issue to such part\- a certificate
of redonlr)tiun, setting forth the t<-cts of sale sub-:ta9tijlly as in the certifi-
c°ate of salt-, the date of redetiit;ti,,n, the aat►iottnt paid, and by whom re-
d�erlled. and shall malr(A proper entries it, the bo,-k of sAE-g in Eris riffif-e.
Sf,:c: 12. Itun,ediatt-lY after tht expiration of the titue alloted for thQ
redenipti ar1 ofan y laild good for taxe., the. treasurer then in office shall,
Upon application, matkF, out a duel fc>r each lc.t or par(-:e.1 of land s(,)ld and
retimitlit,g trnredfeemc-d,aand deliver the \,stile to the porc:haser or his as -
sibnee upon the return of the certificate of purchase. Any number of par-
34 CITY ORDINANCES.
eels of lands or lots bought by one person, or the assignee of several per-
sons may be included in one deed. The form of such deed in such cases
shall conform substantially to those prescribed by the laws of tne territory,
to be executed by county treasurers, in similar cases.
SEC. 13, If any purchaser of lots or lands sold for taxes shall suffer
the same to be sold again for taxes. before the expiration of two years
from the date o-of his purchase, such purcha-ser shali not be entitled to a
deed for the sanae until the expiration of two years froni the (late of the
second sale, during %0iich time the lots or lands -shall be subject to redemp-
tion upon the terms aiid conditions prescribed in this ordinance, except
the person redeeming shall only be required to pay for the use of the first
purchaser, the amount paid by hini, and double the amount paid by the
second purchaser.
SF_c. 14, Whenever it shall be made to appear to the city council that
any lot or tract of land was sold which was not subject to be taxed, or up-
on which the taxes had been paid previous to the sale, they shall arant 0.
certificate thereof, upon presentation of which the city treasurer shall enter
opposite such lot or tract, upon the list of tax sales. that Stich was reason theref6r, a erron-
eously Sold, the. n� such entry Shall thereafter be evi-
dence of the fact so stated, and tne city treasurer Shall refund to the pur-
chaser, or party entlitled thereto, the amount received by him by reason
of such erroneous sale.
Adopted and approved May 3, 1883.
J. V. 130(3-ERT, Mayor.
Attest: J. J. DAVIS, City Clerk.
ORDITNANCE NO. 12.
_ :o:
CONCERNING DJGS,
Be it Ordained by the City Council of the City of Bozeman:
SECTION 1. That the owner o F every d ig or slut, wit 1)in the limits of
the city, i,3 herebv required to register siich animat with the rnarshal an.-i
provide it with a collar, on which shall be the name of the owner and the
number of the reL-i,,-ztrv.
SEC. 2, The city marsbal shall keep a doz registry and provide a suit-
able dog pound. Every person reLyistering a dogr shall pav anT111aily there-
f,ir the stini of two dollar,;, anti for every slut the suin of four d,)Ilars. The
marshal shall be entitled to receive twenty-five cents for every Jog regis-
tered. The balance of the inonev received for registration, after paying
expenses herein authorized, shall be paid to the city treasurer at the end
of each quarter, to be by hit-ii kept in a separate account as a tioz furid.
SE:c. 3, It shall be the duty of the rnarshal and policemen to kill or
impound any dos; runnina- the streets without a responsible owner, or unless
it is registered, and has on a collar, givin;z the name of the owner and
nurnbex of re--istry, except such as may belong to person,:; living outside of
the city, and accornpanying their masters. Z-1
SE(-% 4. If the owner of any registered do- or slut -,hall allow the Same
to run at larve in the streets, or if the owner of any fierce, dangerous or
ill-tempered do-, shall allow such animal to be on the street,, except tin-
der his full and ininiediate control, Such owner shall be fined not exceed-
ing twenty five dollars.
CITY ORDINAXC tS. 35
.SEC. 5. Any dog having aaty appearance of being mad, bf. any Clog
found doinu damage to person or property, shall be killed forthwith, In
other cases the marshal and policeman may, in their discretion, impound
any dog or slut that may seem to have any intrinsic or commerical value,
found running the streets. If no owner can be found for such ft animal,
within three days, after diligent inquiry, the °marshal may sell It to the
highest bidder for cash. If there be no bidder, the animal shall be killed.
If an owner appears and claims such animal, he shall pay all costs and
charges, and if a resident of the city, shall be reggired to register such ani-
mal before it is surrendered.
SEC. 6. For every dog killed by an officer under this ordinance lie
shall be paid one di)l►ar, upon due proof, in an order drawn on the dog
fund, which sum shall include the cost of removal and burial. The officer
impoundin-g any dog shall receive fifty cents, and for each day beeping it -
in pound, twenty-five cents, to be paid by thv claimant, or out of the pro-
ceeds of sale, but not otherwise.
SEC. 7. Thirty days are given frorn the date of the passage an publi-
cation of this ordinance within which the owners of dogs may, register
them,and before any dog shall be Iiable to be killed or pounded un-
der its provisions, zl�
Adopted and approved May 10, 1883.
A ttest: J. J. DAVIS, City Clerk. J. V. BOGERT, Mayor,
0-RDIWANCE N 0. ,
.o:
PROHIBrTING THE SALE OF ADULTER.ITED MILK, UNWHOLESOME FOOD, ETC.
.Be it Ordained by the aty Council of the City of .Bozeman
SnorloN 1. That, any person selling, or offering to sell, within the
limits of the city, milk adulterate(] by the addition of water, or other sub-
stan(-.es, or skirurned milk, without d'otincctly stating it to be skimmed
milk, shall be fined not less than twenty five dollars, nor more than one
hundred dollars and costs.
SEC. 2. That the standard established for the testing of milk shall be
1029 specific gravity, and if any sample of milk shall tall below this stand-
ard it shall be deemed conclusive evidence that it has been watered or
otherwise adulterated_
Sz c. 3. That any person knowingly selling, or offering or expiring
for sale, rotten or decaying or unwiholesome meats, fish, fruits or veget-
ables, or any article of food, shall be fined not less than five nor more than
fifty dollars, and costs.
SEC. 4- There shail.be a .health officer, whose duty it shall be, to make
occasional examination of al I articles of food offered for sale within the
city, and if he finds any which are adulterated or for any reason unfit for
use, he shall seize and destroy such articles; and enter complaint forthwita
a„ainst the owner with the police magistrate, and it shall be the duty of
the city marshal and the policeman at all times to assist the health omeer
to carry out the provisions of this ordinance.
36 CITY ORDINANCES.
sEc. 5. The health officer shall serve without pay, and shall be ap-
pointed by the mayor, by and with the consent of the council.
Adopted and approved May 15, 1883.
J. V. BO
Attest: J, J. DAVIS, City Clerk. GERT, Mayor.
ORDINANCE O. 14.
-:0:- .
CONCERNING STREET TAXES_
Be it Ordained by the aty Council of the City of Bozeman:
- SECTION 1. The city council at the time prescribed by ordinance No.
10, for the annual levy of taxes, shall also make a levy of street taxes for
the year and the order directing such levy shall be entered upon its
journal.
SEC_ 2. Such levy shall not exceed two DIMS on the dollar on all tax-
able property within the 'limits of the city. There shall be levied- also a
special tax of three dollars on each able-bodied man between The ages of
twenty-one and forty-five years, residing' within the limits of the city.
SEc_ 3. Said taxes shall be assessed and collected at the Same time
and in the same manner as other city taxes, except as hereinafter provid-
ed, and shall constitute a street fund.
SEC. 4. Any person liable to pay said street taxks, either special or ad
valorem, may, if b(,- elect so to do, work out.such taxes under the directions
of the steet commissioner. upon thi-, streets of the city, and in such cases
shall be credited upon his said street taxes at.-,.the rate of three dollars per
day for the time he shall so labor. Every person desiring to work out his
street taxes shall notify the street con-imissioner 6f his election so to do on
or before the -first day of September of the year in which said taxes are
levied ; otherwise his right to work out his said taxes shall be forfeited.
At any time after such notification, the street commissioner may require
such person to -perform labor upon the streets to the amount of the street
taxes due fr4orn him, by giving him three days* notice of the time and
place of performing the same : and if such person shall fail to perform such
work, after such notice. his right to work out said street taxes shall cease,
and the street commissioner shall forthwith notify the city treasurer of
such failure, who sbalLcollect such street taxes. as if said person had made
no election to T)av the same in labor. Any i)erson producing to the treas-
tirer the street commissioner's certificate for labor performed by him on
We' str,eets:,* shall be allowed on his street taxes the amount narned therein.
I SEC. 5.' Thirty per cent of the said ad valorem tax collected shall be.
paid by the citv'ttoasurer to the county treasurer of Gallatin county.
Adopted and approved May 16, 1883.
J. V. BOGERT, Mayor.
Attest :'J. J. DAvis, City Clerk.
CITY ORDINANCES. 37
ORDINAI\TCE NO. 15.
ADOPTING.A CORPORATE SEAL FOR THE CITY OF BOZEMAN.
Be it {ordained by the City Council of tho City of Bozeman
SECTION 1. That a seal of circular form, with the words "City of Boze-
man, Gallatin Co., Montana," on the edge of said circle, and having in the
center thereof a self-binding harvester and a prostrate sheaf, and under-
neath the date, "1883," is hereby adopted and declared, to be the corpor-
ate seal of the city of Bozeman, to be used in all cases in w Bich a seal is
necessary to be used by said corporation.
Adopted and approved May 26, 1883.
Attest : J. J. DAVis, City Clerk. J. V. BOGERT, Mayor.
ORDINANCE NO. 16.
.o,
PRESCRIBING THE FIRE LIMITS OF THE CITY OF BOZEMAN, AND REGULATING THE
MANNER. OF BUILDING WITHIN THE CITY.
Be it Ordained by the City Coune l of the ffty of Bozeman
SECTION 1. That all that portion of the city in(.hided within the
boundaries hereinafter mentioned shall constitute the fire limits of the
city, to wit- Commencing at the intersection. of Mendenhall street
with First street, thence east along south line of Mendenhall street to its
intersection with Douse street, thence south along the west side of Rouse
street to its intersection with Babcock street, thence west along the north
line of Babcock street to its intersection with Central avenue, thence north
to the place of beginning.
SEC. 2. That henceforth no person without special permit from the
city council, shall within the. said fire limits construct any other building
than one substantially fire proof, that is to say, the exterior walls thereof
shall be of stone. brick or other material equally' non-conibustible, and the
roof thereof shall be of tin, iron, slate or other material ggually,fi,r.4;. proof.
This ordinance shall not be construed to amply to smaller oit-buildings,
such as water-closets, sheds for storage of fuel, etc., in which fire is at no
time kept ; provided, that such buildings shall not be closer to Main street
than fifty feet ; and prodded fOrther, that smoke-houses, or ash-houses
shall not be permitted to be built ,%vithin the prescribed fire limits, nor
shall anv Derson within said fire limits without a similar permit from the
city council, rebuild or repair beyond what is necessary to make good, any'
ordinary or natural deterioration, enlarge or add to any wooden building
now standing within said limits, or the roof iliereof, or remove any
wooden building from one lot to another within said limits. Any person,
whether owner, lessee, contractor or laborer, who shall here:�LFfer-i.n viola-
tion of the provisions of this ordinance, erect, impair, enlarge or remove
any such prolicbited wooden structure, or roof, or cause the same to be
done by others, shall be -fined not less than ten dollars. nor more thalc one
bundred dollars, and any such structure erected in violation of this ordi-
CITY ORDINANCES.
nance is hereby declared to be a nuisance, and it shall be the duty of the
city marshal to require the author of such nuisance to remove the same
forthwith, and if he or she'shall neglect or refuse to abate the Fame within
twenty-four hours after notice, it shall be. the duty of ttie city marshal to
do so, anal the costs thereof shall be charged to, and may be recovered
from, the resvorisible party, by suit in the name, of the city.
S-Ec. 3. That the city council shall have power by special order (July
made and entered on record, after heurina of interested parties, to prohibit
the erection of wooden buildings in any part of the city, beyond the fire
limits thereof, so close to any other building prejiously erected, or oC
such dangerous character as to areativ endanger the same ; provided, that
this regulation shall not be construed to apply to smaller out-buildings,
and any person who, in violation of sucri special order of the council,shall
erect such prohibited building, shall be fine(i not less than ten dollars nor
more than fifty dollars, and every day of continued violation shall be
deemed a separate offense and oe punished b%, a like fin,--�.
. S.Ec, 4. That after the passage of this ordinance.every building erected
within the limits of the city wherein fires shall be intended to be used,
shall be furnished with at least one substantial brick chimnev, or one of
Stone or other material equally as safe and fire pr,)of, securely plastered
throughout on the inside and also on trie outside, where passing through
inacces-ible places. or near wood work ; and no person shall fie allowed, in
any building hereafter erected within the limits of the city, to run a stove,
pipe through the roof or side of the same, nor in any place wherein such
arrangement now exists within said city limits shall the same be allowed
to continue beyond thirty days from the passage of this ordinance. Any
violation of either of the provisions of this section shall be punished by v a
fine of not less than five dollars, nor more than fifty dollars, and every
day of continued violation. after due notice, shall be deemed a separate
offense, punishable with like fine-
SEC- 5. Hereafter in all buildings erect(-d, repaired or altered, within
the limits of the (-it.v, wnen it shall be desired that stove pipes, -,hall pass
through any partition wall of wood, or partly of wood, the same Shall be
secured by an iron or tin thimble, with at least a two inch air chamber;
and where airy pipe shall enter a col-in-iney, the Fame Shall be provided
with an iron thin-ible, securely fitted. And every stove before use Shall be
provided with zinc, iron, tin, or something equivalent, to protect the wood
work underneath and around said Stove, from takizig fire therefrom. Any
violation of either of the'nrovisions of this section shall Subject the offend-
erto a penalty not exceeding ti-n dollars
Adopted and'approved May 31, I853. J. V. BOGERT, Mayor.
Attest: J. J. DAVIS, City Clerk.
-ORDIN-A-NCE NO. 17.
--*0:-
CONCV-11NING STREETS AND SIDEWALKS, GUTTERS AND SEWERS.
Be it Ordained by the City Coundl of the City of Bozeman :
SEcrrioN I. 'The grade of Main street and of Broadway shall be that
-fixed by authority of the city council, the Dlats and profiles of which were
.CITY ORDINANCES. 39
approved by the city council June 7, 1882, which are on file in the office of
the city clerk, and which shall be at all times accessible to the inspection
of the public.
SEc. 2. All sidewalks upon said streets shall be built of the width of
nine feet from the front line of the adjacent lot, and constructed of two-
inch r,lank, or ofsuch other material as the council may specially permit.
When n3a.de of plank they shall be lain transversely with the line of the
sidewalk, upon five string,,er;,, with a slope of two inches toward the gutter.
and securely spiked. When of other material, they shall have the same
slope, and said sidewalks shall conform to the grade established for said
streets, except where otherwise specially permitted by the city council.
k�Ec. 3. The sidewalks upon other streets of the city shall be of such
width and construction as may hereafter from time to tine be directed by
order of the city council.
S. c. 4. The city council may, by an order entered upon its journal, at
any meeting thereof, order the grading of any street or alley, or the con-
struction of any sidewalk, gutter or sewer, according to such grade as is
deemed proper by the council, and shall declare in such order whether the
same shall he constructed at the expense of the city, or at the expense of
the adjacent owner or owners of the property to be affected thereby.
When such order shall be entered, up(,n certificate of the same to the
street commissioner, he shall notify the owners; of all lots, or parts of lots,
to be affected thereby, or their agents or attorneys in cases where the said
owners are made chargeable with such construction or improvement, to
construct the same within such time as the council may have designated
in the order, at their own expense. Such notification shall be given in
writing, and if such work is not begun, within twenty day's from the date
of service of such notification, or if begun and not completed within the
time designated by the council, the street commissioner shall let the con-
struction or completion of sucti improvements to the lowest responsible
bidder, who shall be required to givo a bond to be a,ppr`)-ed by the mayor,
in double the amount of said bid, payable to the city of Bozeman, and the
time for the completion of the work shall be fixed in the bond..
SEc. 5. The strQet commissioner shall advertise the letting of all con-
tracts for improving of streets and allevs, and for the making of sidewalks,
gutters and sewers, for one weep in one or more newspapers published in
the city, and shall open the bids and award the contract to the lowest
respoWible bidder, at the time designated in the advertisement, in the
.presence of ll such bidders as choose to be present ; provided, that all con-
tracts involving the expenditure of one hundred dollars, or more, shall be
subm. tted to city council, and if disapproved by therm the bid shall be
rejected. Bonds shall be required for the due performance of the con-
tracts, in double the amount of such bid, to be appro-ed by the mayor.
SEc. 6. All such improvements shall be made under the direction of
the street commissioner, and shall be approved by him before being;
accepted or paid for.
S+Ec. 7. Upon the completion of every contract herein provided for,
when made chargeable a�4dinst the owner of the property adjacent, or
affected thereby, it shall be the duty of the street con-)missioner to snake
out an account in the name oPthe city against the owner of the property
chargeable with the improvement so spade, and present it to the said
owner, his agent or attorney for payment, Sand account shall include the costs of advertising, as well as the cost of the improverment so made, and
shall be sworn to by the street commissioner. If the said account is not
Paid for on demand, the street commissioner shall forthwith file it with
140 CITY ORDINANCES.
the city collector, who sl.all enter the amount, with 41fteen per cent, addi-
tional as penalty for failure to pay the same,againi4t the r a-me of tlh&'owner
ut the property, upon the asse:�snient roll, as a special tax, and it shall be
a lien against said property, into whosoever's,�auOs it ,way .pass, logal in-
terest shall be paid thereon, when collected, and, the said taxes shall be
_collected as other city taxes are collected. , u . _ , ,
SE+c. 8. All gates for the entrance upon:, premises abutting°atpon any
street or alley, shall be so constructed as to swi°n�2., or open inwardly upon
the premises, so that the sidewalks, streets and alleys shall riot at any tilne
be obstructed thereby. ,
Adopted and approved June 18th, 1888.
t" J. V. `BOGEE T, Mayor.
Attest: J. J. D.-,vis, City Clerk. ,
TO PROHIBIT THE E'LTUMTION AND USE OF DEADLY WEAPONS.
Be it ordained by the City Cmtncil of the City of .Bozeman
Sl�crrogr 1. That any person, within the limits of the city of Bozenla.a,
who shalt draw or exhibit any gun, pistol, dirk, dirk-knife. sward orsword-
cane, or other deadly weapon, in a rude, angry and threatening manner.
not in necessary sel t defence, shall be deemed guilty of a misdemeanor.
and upon conviction thereof, shall be fined in any siirn not less than ten
dollars, nor more than one hundred dollars, or punished by imprisonment
in tbe, city pri,,nn not lets than thirty days, nor more than tbree months,
or by both such fine anal imprisonn)ent.
Adopted aind approved August 0, 1€383.
J. V. B(7GEB,T, Mayor.
-A-Attest: J. J. DAVIS,AVIS, City Clerk. `�
QRDTNANCE NO. 33.
TO PROVIDE FUNDS FOR THE ERE(;TION OF A CITY RUILDING IN THE CITY OF
DOZElIAX, MONTANA.
..Be it Ordained brr the City Council of the City of Bozeman
S urroNr 1. That for the purpose of procclring money for the erection
of a city building, to be used as a city ball, fire, engine house, city offices
and city prisons, within the city of Bozeman, Mont.. a, loan shall be made
by the i<suance of coupon bonds of the said city of Bozeman to the amount
often thousand dollars ; said bond- shall be of the usual form, one half to
be of the denomination of one hundred dollars each, and one half to be of
the denona nation of five hundred dollars each, and shall bear the signa-
tures of the city treasurer and frit.y clerk, and be sealed with the corporate
seal of the city, and shall be. redeemable at the option of the city after five
CITY ORDINANCES. 41
years and become due and payable ten ;rears from date, at the office of the
said city treasurer, and bear interest at the rate of seven per cent per an-
num, said interest payable semi annually ; raid interest to be paid and said
bonds to be redeemed by the levy of a rpecigl tax for that purpose, in ex-
cess of and in addition to the three mill tax authorized by the 24th section
of article five of the city charter, and the faith of the city of Bozema= is
hereby solemnly pledged for the payment of the ir.terest on said bonds and
the principal thereof, when thev shall respectively become due. For the
purraose of the payment of the interest on said bonds and the principal
thereof, when it shall become due or payable, there shall be annually
levied at the time the other annual taxes are levied, a. tax of not exceeding
one mill on each dollar valuation of taxable property within the city,
(except for the year 1887, when said tax shalt be levied at the first regular
council meeting of June, 18 37,) which tax, when collected, shall be kept in
a separate fund, to be denominated the "sinking fund," which shalt be re-
served and applied to the payment of the accrued interest and the redemp-
tion of said bonds.
SEe— 2. The foregoing section shall be submitted to the guailified vot-
ers of the city, on the fourth Monday in May, 1887, after due notice of
said submission as required by Sec. 6 of Art. 7, of tKe•cit;y charter, and as
provided
by ordinance No. 6, entitled "Concerning city Olec:tions."
SF-c. 3. If the first section of this ordinance shall be approved at said
election, by the qualified voters, so as to be in force, -the city treasurer,
when required by the city council, shall issue such borids in manner and
form as in said section provided, and the coupons attached thereto shall be
signed by the said city treasurer and dity clerk, and shall designate the
amount, (late, number of the bond, and the installment of the interest on
the bond that they are intended to pay.
Spc. 4. The city treas firer shall give notice by advertising in the
newspapers of the city for four successive weeks, that ,h.e,wiRll. on the first
day of August, 1887, dispose of said bonds to the higlaest,bid-der at not less
than their face value, and he is hereby authorized to sell. such .bonds after
approval of a bid or bids therefor by the city' council at their -PAO,ualue or
upwards, and shall keep a register of the same. g f
Snc. 5. The city treasurer shall pay on the first day of J , 1888,
and semi annually thereafter, upon Dresentation at his office of the proper
coupons, which shall shrew the amount dole and the. number-of the bond to
which it belonLrs, the interest due thereon, and shall report and precept to
the city council in his next ensuing financial report.
SEc. 6. Whenever at any time after said bonds become redeemable
the sure in sinking fund small exceed the suin of one hundred dollars over
and above accrued interest on the bonds outstanding, the treasurer shall
cause a notice to be published nv four insertions in a newspaper published
iii the city that he will within thirty days thereafter redeem said amount
of bonds ; specifying the number thereof, giving preference in the numeri-
cal order of'the bonds and if after the expiration of said thirty days the
holder or holders shall fail or neglect to present the came for pavnaerat,
the interest thereon shall cease, and when so redeemed, said bonds°hall
rae endorsed "paid" by said treas(-irer, who shall report and presex)Lt -the
same to the city council, who shall cause the same to be collected.
SEC. 7. That for the sellinn of said bonds and disbursing money to pay
the interest or principal thereof the city treasurer shaft receive as com-
pensation one-half of one per cent, and it shall be considered in full corn-
pensation for all. moneys ha.ndied in the above bonded indebtedness.
42 CITY ORDINANCES.
SEc. 8. This ordinance shall take effect and be in Tall force only after
the first section thereof shall have been approved by the vota, of the quali-
:fled voters as provided by See. 6., of Art. 7, of the city charter.
Adopted and approved Vlay 5, 1887.
Attest: D. C. CAMPBELL, City Clerk, J", V. BOGERT, Ma-yor.
ORDINANCE NO. 34.
GRANTING USE OF STREET TO WALTER COOPER AND COMPANY FOR TiTE PURPDSV,
OF LAYING AND OPERATING WATER MAINS.
Be it Ordained by the City Counad of the City of Bozeman.-
SEcrriON 1. There is hereby grpLnted to Walter Cooper and his associ-
ates, successors and assigns as inditIduals or as a body corporate under the
name of the Bozeman Water Company, the right and privilege of laying
water pipes and mains through the streets, alleys and public �Zrounas of
the city of Bozeman, for the purpose of conveving water to the city and its
inhabitants.
SEc_ 2. The Paid Walter Cooper and bi.,; associates, as individuals or
as a body corporate under the name of the Bozeman Water Company, shall
commence the construction of water works under this grant, within sixty
(60) days after the pLssagmle of this ordinance, and shall commence the de-
livery of fresh water to the said city of Bozeman and its inhabitants, on or
before, the 30th day of Sc-pteniher, A. ID- 1888, and shall thereafter extend
their mains and pipes as rapidly as the waxa� of the public and the patrorl-
age of said company shall justi
SEc. 3. Said Walter Cooper and associates, Successors and assigns as
individuals and as a body corporate, shall at ah times furnish to the city
of Bozeman and its inhabitants a good quality and a sufficient quantity of
,fresh water, suitable for domestic and other purposes.
Sri,c, 4- Whenever any of the said streets, alleys or public. places, of
said city of Bozeman shall be disturbed by the said grantee,4 in laying,
alfering or repairing any of their main pipes or appurtenances, the same
Shall be restored to their proper condition with the least possible delay.
SF-c. 5. The said Walter Co,iper and associates, successors and assigns,
as individuals and as a body cbrporate,
-hall in person or by their attorlievs
file a written acceptance of this ordinance. with all its conditions and obli-
gations,wiLh the city clerk within thirty (30) days from the passage of the
same.
SEc. 6. The failure of the said Walter Cooper and associates, succes-
sors and assigns, as individuals or as a body corporate, to comply with the.
1'equiri-ments of See. 2 hereof, and to file the written acceptance mentioned
.in Fec. 5, within the time desigDated, then this grant to be void.
SEc. 7. Nothing contained in fhis ordinance shall be held or construed
to grant anv exclusive privilege or rights to said Walter Cooper and coni-
pany or associates.
CITY ORDINANCES. 43
SEC. S. The grant hereby made shall extend for the period of ninety-
nine (99) years from the passm-_c of this ordinance.
Adopted and approved May 5, 1587.
J. V. BOGERT, Mayor.
Attest: D. C. CAMPBE LL, City Clerk.
ORDINANCE NO. 40.
:O:_
CONCERNING THE SIGNING OF CONTRACTS.
Be it Ordained by the City Council of the City of Bozeman
SECTION 1. That the mayor and city clerk shall sign and execute all
contracts when the city shall or may be a party, for and in behalf of said
city, provided, however, said mayor and city clergy shall be directed to
sign said contracts by the city council.
Adopte, and approved May 21, 1887. J. V. BOGERT, Mayor_
Attest: D. C. CAMPBELL, City Clerk.
ORDINANCE NO. 49.
:o:
CONCERNING TRANSFER OF FUNDS.
Be it Ordained by the City Council of the City of Bozeman :
SECTION 1. The city council shall have power to transfer funds or
monies collected under the general levy, for fees, licenses or fines, from
any fund into which they may have been paid, to any other fund ; provid-
ed, however, there shall be a surplus in the fund from which said transfer
is made.
p Adopted and approved May 21., 1.887.
J. V. BOGERT, Mayor.
Attest : D. C. CAMPBELL, City Clerk,
ORDINANCE NO. 51.
C-_NCERNING LICENSES.
Be it Ordained by the City Council of the City of Bozeman:
SECTION 1. There shall be levied and collected by the city treasurer
and collector, from all persons engaged in the kinds of business herein-
.44 CITY ORDINANCIES.
mentioned, within the limits of the city of Bozeman, a license tax, as
follows
IST.—For each billiard or pool table, two dollars and fifty cents per
quarter.
2ND.—From the manager or lessee of every theater, fifty cents per
month ; and for each exhibition of opera or concert singers, minstrels,
sleight of hand performance, legerdermain and other shows or exhibitions
(except that exhibitions an(A concerts be given for schools or charitable
purposes shall not be subject to the license specified herein) the same as
required for theatrical performances, and every circus shall pav a license
of twelve dollars and fifky cents per day, and two dollars and a half for
each side show.
3r,D.— From eael- ]pawnbroker five dollars per quarter.
4TH.—FrOM each keeper of an intelligence or employment office, one
dollar and twenty-tine cents I er quarter.
5TH.—From each professional man, before practicing as such ; all law-
yers, dentists, physicians, surgeons and all other professions ; insurance
agents our dollars per year ;
ents and real citate agents, shall pay a license of
provided that all pkirsoa.i who draw any le r-,al instrument, deed, power of
attorney or other documenu, for which he charges a fee,, shall be considered
a professional man.
6Ta.—Froze all assayers who do a business of two hundred dollars per
month., and no more than five hundred dollar: per month, one dollar and
twenty-five cents par q,iarter; aa(l all assayers doing a business of more
than five hundred dollars per two dollars 'ariJ fifty cents per
quarter.
7TH.—All keepers of livery and feed stables shall pav a license of three
dollars and seventy-five cants per q°iarter; and all keepers of hay yards,
corrals for feedin- stack- or sellin.4 hay, shall pay a license of two d.ollars
per quarter; and all keeDors of liveries, who shall keep and use more than
two buggies, carriages or sleighs, or other vehicles, sixty-five cents for
every such vehicle per quarter, in addition to the three dollars and seventy-
"five cer)ts above provided; and all omnibusses, �x express wagons,
transfer'and freight wagons, run for hire or profit, shall. PAv a license of
three dollars and seventy-cents per quarter.
STH.— Every pe-,:soa vvho has a fixed Mace of business, who may.deal
in griods, wares or merchandise, drugs or medicines, jewelry or wares of
precious metals or who shall expose the saLne for sale, shall pay a license
a. follows: Those whose sales are ten thousand dollars or more per
monLh shall constitute the first-class, and shall pay a license of ten dollars
per quarter ; those, whose sales are five thousand dollars per mouth and
under ten thousand dollars per rnoaffi, shalt emstitute the second class,
and shall p-iv a license of five dollars per q,iarter ; those whose sales are
two thousana dollars and under five thousand dollars per month shall
constitute the third class, and shall pay a license of three dollars and sev-
enty-five cents per quarter; an I those Nvho.-;e safe-, are one thousand dol-
lars and under two thousand dollars per month, shall constitute the fourth
class,'and shall pay a license of two dollars and fifty cents per quarter ; and
those whose sales are five hundred dollars, and under one thousand dol-
lars per month, shall constitute the fifth class, aild shall pay a license of
one dollar and fifty cents per quarter ; and those whose sales are under
five hundred per month shall contitute the sixt.11 class, and shall pay a
license of seventy-five cents per quarter.
CITY ORDINANCES. 45
gTa.—every auctioneer who shall, do—business within the limits of the
city of.Bozeman, shall pay a license of three dollars and seventy-five cents
per quarter_
10Tii,—All keepers of restaurants, lodging Houses, boarding houses,and
hotels shall pay a license as follows : Those doing business in the aggre-
gate of less than two thousand dollars per quarter shall pay sixty-five
cents per quarter ; and all whose business is over two thousand dollars
shall pay for each additional two thousand dollars, or fractional part there-
of, per quarter, sixty-five cents.
11TH.----All persons who deal in, sell or dispose of, directly or indirect-
ly, any spirituous, vinous, and malt liquors, in any quantity less than one
gallon, shall before tfie transactions of su,% business, for which he or they
shall pay as follows . A license of eighty dollars per year.
12rn.—Evey person who shall deal in, sell or dispose of any malt,
spirituous or vinous liquors, in quantities greater than one gallon, shall
pay a license of thirty-one dollars and twenty-five cents per year.
13TI-3[.—Evcry brewer or ma,nufa,cturer of malt liquors, whose business
amounts to one thousand dollars or wore per month shall pay a license of
five dollars ner month ; and those, whose business amounts to less than
one thousand dollars and more than Live hundred dollars per month shall
pay a license of two dollars and fifty cents per month, and all those whose
business amounts to less than five hundred dollars per month, and every
manufacturk�r of pup, soda or other drink.i, put up in bottles, (except that
above specified) shall pay a license of one dollar and twenty-five cents per
month,
14TYI. Any person or persons, or association of persons, who shall
keep any house or saloon, or room or club rooms wherever any game of
chance is dealt or played for money, or anything representing or having a
money value, is used, bet, ventured, or hazarded,shall before starting such
business pay a license of twenty-five doi tars per quarter ; and in addition
thereto shall pay a license for each table on which the game commonly
called taro is dealt or played, ten dollars per month ; on which the game
commonly called stud poker or percentage draw poker, or twenty--one, or
high ball, or blue jay, or chuck luck, or short faro, is dealt or played with
cards, one hundred and twenty-five dollars per month ; such personn or
persons shall pay for every ro..)ai wherein the game called keno is played,
dealt or conducted, a license of one hundred and twenty-five dollars per
month ; for each table on which roulette is played, one hundred and
twenty-five +dulgars per month, and for each and every other banking
garde not mentioned in this section, such person or persons shall pay a
license of one hundred and twenty--five dollars per month.
15TH. Every tr?veling merchant, hawker of peddler who shall carry a
pack or trunk and shall sell goods,wares or merchandise shall pay a license
of three dollars and seventv,tive cents per quarter; if he travels with two
ur more horses or wagons or other vehicles and sells goods, wares and
.merchandise, he shall pay a license of five dollars per quarter; and if he
travels with a pack aaaLimal and sells goods, wares and merchandise: he
shall pay a license of one dollar and twenty-five cents per quarter; pro-
vided, that no license shall be required. to be paid by any person who
sells any production of this territory, manufactured or raised by him-
self.
16TH. E fiery keeper of a ro;ler skating rink shall pay a license of six
dollars and twenty five cents per quarter.
46 -CITY ORDINANCES.
17TH.—.dill roads, bridges, ferrys or water companies, or incorporated
companies, not specified in the provisions of this act, or any other company
or association, person or persons Lakin-.y or receiving to!t or selling water,
whose quarterly receipts reach the sure of five hundred dollars, shall pay a
license tax of five dollars per quarter ; those whose quarterly receipts do
not reach five hundred dollars, shall puy a license tax -f two dollars and
fifty cents per quarter ; and those whose quarterly receipts shall reach
two thousand dollars shall pay a license tax of twenty dollars per quarter ;
and those whose receipts shall reach five thousand dollars per quarter,
shall pay a license of thirty-seven dollars and fifty cents per quarter ; and
those whose quarterly receipts reach ten thousand dollars, thall pav •a
license of sixty-two dillars and fifty cents per quarter.
18Tri,All finale persons, carrying on the ls.undry lousiness shall pay a
license of one dollar and twenty-five cents -per quarter.
19Tu.-----Every keeper of a Bowling alley or shooting gallery, for gain,
sball procure a license and pay therefor the sum of two dollars and fifty
cents per quarter.
20T L—Each telephone company shall pay a license of twent-y-five
cents per annum for each instrument used within the city ; and each tele-
graph company shall pay a license of twenty,five cents per annum. for each
instrument.
21s-r—All gas companies and all electric light companies shall pay a
license tax of six dollars and twenty-five cents per quarter.
Si@c. 2. Licenses may be granted under the provisions of this ordi-
nance for one year or less, at the option of the applicant; provided, no
licenso- shall be granted for a, less terna than one quarter.
SE c. 8. A license inay be issued to any corporation, association or
partnership, or to two o- more persons engaged in any joint enterprise or
business the same as to a single person acid for the same charge.
Sr,c. 4. Any person or persons, corporation or association, who shall
transact any business, trades, occupations or professions, for which a license
- is required by this ordnance, without first obtaining such license, shall be
fined in any sum not Iess than ten dollars, nor more than fifty dollars, to-
gether with costs of prosecution.
Sic 5. If any person or persons,corporation or association, from whom
a license is required by the terms of this ordinance, shall neglect or refuse
to pay for or pro:°ure the said license, an action may be immediately
brought in the name of the city for the recovery of s`ich sung, as by "
terms of t1iis ordinance may be due for such license and for costs of such
action.
,SEc. 6. The city treasurer shall beep a register of all licenses, showing
their nature, date of issue, amount, to whom issued, and ttie date of their
expiration.
Snc. 7. Ordinance No. 24, approved and adopted Jude 11th, 1885, en-
titled, concerning licenses, is Hereby repealed.
Adopted and approved August 4, 1887.
J. V. BOC1El�T, Mayor.
Attest. D. C. CAMPBELL, City Clerk.