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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. <<< 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.