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CHAPTER VI.

THE COMMON COUNCIL-ITS GENERAL POWERS AND

DUTIES. SECTION 1. The legislative powers of the city of Legislative Fond du Lac shall be vested in the common council. Powers vested

council. The mayor and aldermen of said city, when assembied, shall constitute the common council. In the

proceedings thereot, each member present shall be entitled to vote: provided, that the mayor shall be entitled to vote only in case of a tie vote by the aldermen present. A majority of the aldermen elect shall constitute a quorum, but a less number may adjourn from day to day, and compel the attendance of absent members

, or in case of a refusal to attend, when notified for three successive meetings, to declare the office of the alderman so refusing, vacant

SECTION 2. The commou council shall annually Meetings meet upon the third Tuesday of April after the annual municipal election, at seven o'clock in the afternoon, or sooner, at the council rooms in said city, and at such other times as they by resolution shall appoint. The mayor for any good reason may call special meetings, by notice to each of the members, to be served personally or left at their usual place of abode. The common council shall determine the rule of its own proceedings, and be the judge of the election and qualifications of its members.

SECTION 3. At the first meeting of the common Appointive council, or as soon thereafter as may be, they shall appoint the following officers: president of the council, comptroller, city clerk, assessor, chief of police and policemen, city attorney, city surveyor, inspector of bay and wood, harbor master, strect superintendent, and sea’er of weights and measures for the city at large, and one fire-warden and two school commissioners for each ward in said city, and such other officers as the interests and welfare of the city shall require.

SECTION 4. Every ordinance or resolution of the Ordinancom, common council (excepting those prescribing rules for ed by mayar. their government and appointing officers) shall, before it takes effect

, be presented, duly certified by the city clerk, to the inayor. If he approves of it, he shall sign i, in which case it shall take effect immediately there

after, unless otherwise provided for in the resolution or ordinance. If he does not approve of it, he shall return it, with his objections in writing, to the city clerk, within ten days after he shall have received it. The common council may then proceed to reconsider the same, and if two-thirds of all the members elected then agree to pass

the same,

it shall take effect as a law. In every such case the vote shall be taken by ayes and nays, and be entered upon the records of the proceed. ings. If such ordinance or resolution shall not be returned by the mayor within ten days after he shall bave received it, it sball take effect in like manner as if he had signed it: provided, that before such ordinances or resolutions shall be in force, they shall be published in the official paper of said city, and within fifteen days thereafter they shall be recorded by the city clerk, in books provided for that purpose; but before any of the said ordinances or resolutions, regulations or by-laws, shall be recorded, the publication thereof, respectively, within the said time, shall be proven by the affidavit of the foreman or publisher of such newspaper, and said affidavit shall be recorded therewith, and at all times shall be deemed and taken as sufficient evidence of the time and manner of such publication.

SECTION 5. The common council shall have the control and management of the finances, and all the property of the city, and shall likewise in addition to the powers herein vested in them by other provisions of this act, bave power to make, enact, ordain, establish, enforce, alter, modify, amend and repeal all such ordinances, rules and by-laws for the government and good order of the city, for the suppression of vice and immorality, for the prevention of crime, and for the benefit of trade, commerce and health, as they shall deem expedient, declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordinance, rule or by-law; and such ordinances, rules and by-laws are hereby declared to be and have the force and effect of law: provided, that they are not repugnant to the constitution and laws of the United States or to the constitution of the state of Wisconsin, and for that purpose shall have authority by ordinances, resolutions or by-laws :

Powers of council.

I. To manage and regulate the finances, and to regu- Finances. late, preserve and dispose of the property, real and personal, belonging to the city.

I]. To adopt aīl legal and requisite measures for Taxes, etc. levying and collecting taxes and assessments.

IL To make and establish public pounds, pumps, Pounds, founwells, fountains, cisterns and reservoirs, and provide for works, etc. the erection of water works for the supply of water to the inhabitants, and to grant to individuals

, companies or corporations the right to bring water therein, and to prescribe the manner of draining fountains made by individuals, and prescribe the height to which such fountains shall be raised or lowered, and the construction of sewers, gutters and ditches, to erect lamp-posts, and to provide for lighting the streets, public grounds and public buildings with gas or otherwise.

IV. To limit and define the duties which are by this Duties of act required to be performed by the several officers of the city, and to prescribe such other and further duties to be performed by them, or any of them, as they may deem proper, to fix the amount of compensation, when the same is not otherwise provided by law or by this

officers.

houses.

V. To establish and regulate a fire department with Fire departin the city, and to prescribe the duties of the officers ment. and members of the fire department.

VL To suppress and restrain disorderly houses, Disorderly houses of ill-fame, gaming tables, the playing of cards of games of chance, places where liquor is sold to be drank. tbe keeping of ardent spirits and other intoxicating drinks in any place in said city, except by persops duly licensed, and to destroy all instruments and devices used in gaming.

VII. To restrain and punish vagrants, mendicants, Vagrante. street beggars, drunken persons, prostitutes, keepers of bouses of ill-fame, persons selling or giving away (except those daly licensed thereto) any strong or spirit. vona liquor, wine or beer, to any person, and to prevent the selling or giving away of liquor, spirituous or vinous, any ale or beer to any person whom the common council shall designate.

VIIL To prevent and punish all persons engaged in Riots, etc. riotous or disorderly conduct, and prevent disturbances or disorderly assemblages.

Licenses to b&loons, showmen, etc.,

To cartmen, peddlers, auctioneers, etc.

IX. To license, prevent or regulate the exhibition of common showmen, or shows of any kind, or the exhibitions of caravans, circuses or theatrical performances, billiard tables and bowling saloons, and grant licenses for selling spirituous, vinous or fermented liquors, and regulate and license taverns, victulaling houses, and all persons vending or dealing in spirituous, vinous or fermented liquors, ale or beer, and to revoke the same for a violation thereof; to prescribe the amount to be paid for such license, and the time when such license shall expire, and may require of all persons applying for a license for the sale of spirituous, vinous or fermented liquors, ale or beer, a bond in such penal sum and with such provisions as the common council shall direct: provided, that no person so licensed shall give away or sell spirituous, vinous or fermented liquors, ale or beer, on election days or Sundays.

X. To license and regulate cartmen, runners, porters, hack, cab, truck, omnibus and stage owners and drivers, and all carriages or vehicles used for the transportation of passengers or merchandise, goods or articles of any kind, common criers, hawkers, peddlers, pawn-brokers, auctioneers, and scavengers and any person not being an actual resident of the city of Fond du Lac, subject to pay a tax to the United States government, as a wholesale or retail dealer in said city, who shall sell by sample, or offer or contract by sample, to any person or persons within said city, any goods, wares or merchandise, except agricultural products, provisions and articles manufactured within the limits of the state of Wisconsin, and to fix the rates to be paid to or by them; to prohibit unlicensed persons from acting in either such capacities; to require the owners to mark and number drays, carts, carriages or vehicles in such manner as the common council shall designate.

XI. To license, regulate and prohibit slaughter houses and markets for the sale of fresh meat, fish, fruit, vegetables and provisions, and to prohibit the building or making the same except at such places as the common council shall designate; to establish public markets and other public buildings, and provide for their erection, and to determine their location, and make rules for the government of the same; to

Slaughter houses, markets, etc.

etc.

etc.

appoint officers for overseeing and regulating such markets and public buildings, and to restrain all persons from interfering with or interrupting the due observance of such rules and regulations.

XII. To license and regulate the sale or storing of Ganpowder, gunpowder or any other combustible substance, and to prohibit the erection of buildings for making or storing the same, except at such places as the common coun. cil may designate.

XIIL To regulate the sale and select places for the Wood, bay, etc. sale of wood, hay, straw, grain, lumber, lime or other articles from sleighs, wagons or other vehicles, and to fix the fees for weighing and measuring the same.

XIV. To prohibit or regulate swimming or bathing Bathing. in the waters in and around the city.

XV. To prohibit or regulate the firing of guns, pis- Firing guns, tols

, squibs, crackers, fireworks, bonfires, the ringing and tolling of bells, blowing horns, crying of goods for auctions or otherwise.

XTI. To restrain and probibit the keeping and Restraining runing at large of all cattle, horses, sheep, swine, geese cattle, etc. or other animals, to impose penalties upon the owner or owners thereof, and to regulate the impounding and sale of the same for penalties and costs and to pass ordinances to regulate the keeping and destruction of dogs

XVII. To compel the owner or occupant of any grocery, cellar, tallow.chandler shop, soap factory, tan- stances. Dery, brewery, distillery, stable, barn, privy, sewer or other unwhol some or nauseous house or place to cleanse, remove or abate the same from time to time, as. oten as may be deemed necessary for the health comfort and convenience of the inhabitants of the city, and to abate and destroy all nuisances.

XVIII. To regulate and control the running of Engines and engines and cars through the city, and rate of speed of roads, immodize same; to regulate the running of cars upon horse erate driving, railroads or tramways, and to prevent the same from obstructing the streets; to prevent horse racing, immoderate driving or riding in the streets, and to cause persons ita moderately riding or driving in the streets to be stopped by any person ; to punish and prohibit the abuse of animals; to compel owners to fasten their borses, oxen or other animals attached to vehicles or otherwise, while standing or remaining in the streets.

Removal of nauseous gab

).

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