IL LINOI S UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN PRODUCTION NOTE University of Illinois at Urbana-Champaign Library Brittle Books Project, 2010. 3Z Ki13- CPLLFNIE1r LP IPi2k OF THE CITY OF GLOUCESTEIRI ADOFTED 1885. GLOUCESTER: PRINTED AlT THE CAPE ANN ADVERTISER 0OFFJCE. i 886. ______________________________ ~ tam ~ U I 9 AW COPYRIGHT NOTIFICATION In Public Domain. Published prior to 1923. This digital copy was made from the printed version held by the University of Illinois at Urbana-Champaign. It was made in compliance with copyright law. Prepared for the Brittle Books Project, Main Library, University of Illinois at Urbana-Champaign by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2010 CITY CHARTE R OF THE CITY OF GLOUCESTER ADOPTED 1873. GLOUCESTER: PRINTED AT THE CAPE ANN ADVERTISER OFFICE. 1886. Gomnonwealth of Ilassachusetts. IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SEVENTY-THREE. AN To Establish the City of Gloucester. SECTION i. City of Gloucester established. 2. City government. City council to be sworn. Quorum. 3. Annual election; municipal year. 4. Division into wards. 5. Election of ward officers; order of presiding at ward meetings; ward officers to be sworn. Mayor and aldermen to issue warrants for meetings. Compensation of ward officers. 6. Election of mayor; term of office. 7. Election of aldermen and common councilmen; term of office. 8. Election of municipal officers; vote how declared and recorded. Common councilmen to be notified. Adjournment of ward meeting. Aldermen to examine records and notify mayor elect. Warrants for a new election to be issued in case of nonelection or non-acceptance of mayor. Election of mayor by the board of aldermen and common council. Aldermen elect to be notified. Organization of city government; city council to organize in case of absence or non-election of mayor. Aldermen may choose president pro tempore. Each board to keep records. 9. Duties and compensation of mayor. Ordinances, orders, etc., to be submitted to the mayor for approval; if returned without approval, may be Io. ACT SECTION adopted by two-thirds vote; veto power not to extend to election of officers unless especially provided. ii. Executive power vested in mayor and aldermen; may appoint constables and police officers; compensation of police and other subordinate officers. City council to have care of public property. Account of receipts and expenditures to be published annually. 12. Mayor to have exclusive right of nomination in appointments by mayor and aldermen; members of city council not eligible to salaried offices. Sittings of both boards not executive to be public. 13. Election of treasurer, collector of taxes, city cl e r k, superintendent of highways, city physician, city solicitor and city auditor; same may be removed for cause. 14. Election of engineers of the fire department. Compensation of subordinate officers. Is. Duties of city clerk. 16. Appointment of other subordinate officers. 17. Removal to another ward not to affect duties of officers; removal from city to cause vacancy. No money to be paid from the treasury unless authorized by the city council. Bonds to be required. 18. MUNICIPAL REGISTER. SECTION SECTION 19. Election of overseers of the poor; vacancies, how filled. 20. Election of assessors of taxes; vacancies, how filled. 21. Election of assistant assessors; duties. 22. Election of school committee; members to serve without pay; mayor to be chairman ex officio. 23. Vacancies in school committee and assistant assessors, how filled. 24. City council to lay out streets, establish grades and estimate damages; persons dissatisfied with damages may appeal to county commissioners. 25. City council may make by-laws for the inspection of lumber, wood, hay, coal and bark; shall have same powers as towns to suspend certain laws; may make by-laws, with penalties not exceeding twenty dollars. 26. Election of national, state, county and district officers. 27. Lists of voters to be made out by mayor and aldermen ten days prior to every election; and posted in each ward. 28. General meetings of citizens; shall be called upon request of fifty voters. 29. Board of health. 30. Powers of selectmen relating to fire department transferred to mayor and aldermen. City council may establish fire limits. 31. Repeal of inconsistent acts. 32. First election of city officers, how called and conducted. 33. Act void unless accepted by a majority vote within ninety days from passage. 34. Act to take effect on passage. Be it enacted by tie Senate and House of Representatives, in General Court assembled, and by the aukthority of the same, as follows: CityofGloucester established. SECTION I. inhabitants The of the town of Gloucester shall continue to be a body politic and corporate under the name of the City of Glouceshave, exercise and enjoy all ter, and as sucshall the rights, immunities, powers and privileges, and shall be subject to all the duties and obligations now incumbent upon and pertaining to the said town as a municipal corporation. Government vested in mayor and citycouncil. SECT. 2. The administration of all the fiscal, n o prudentialand municipal affairs of the said city, with the government thereof, shall be vested in one officer, styled the mayor, one council of eight, to be called the board of aldermen, and one coun- CITY CHARTER. cil of twenty-four, to be called the common council, which boards, in their joint capacity, shall be denominated the city council; and the members Members to be sworn. thereof shall be sworn to the faithful performance of their respective duties. A majority of each Quorum. board shall constitute a quorum for the transaction of business. And no member of either board shall receive any compensation for his services. The election of city and ward officers shall take place on the first Monday' of December SECT. 3. of each year; and the municipal year shall begin on the first Monday of January following. SECT. 4. It shall be the duty of the selectmen of said town, as soon as may be after the passage Annual elec- tion. Municipalyear. Division wards. of this act, and its acceptance as herein provided, to divide said town into eight wards, to contain as nearly as conveniently may be, an equal number of voters, which division may be revised by the city council within two years from the passage hereof. The city council may, in the year eighteen hundred New and seventy-five, and every fifth thereafter, make a new division of wards, so that they shall contain, as nearly as may be consistent with well defined limits to each ward, an equal number of voters in I Chap. 7, Sect. 67, of the Public Statutes, provides that the municipal election shall take place on the Tuesday following the first Monday in December in each year. of town into division. 6 MUNICIPAL REGISTER. each ward according to the census to be taken in the month of May in said years. Election of ward officers. Duties of wardens. SECT. 5. On the first Monday' of December, annually, there shall be chosen by ballot, in each of said wards, a warden, clerk and three inspectors of elections, who shall be different persons, residents in the ward, who shall hold their offices one year, and until others are chosen and qualified in their stead. Said wardens shall preside at all ward meetings, with the powers of mod- erators in town meetings; and if at any meeting the warden is not present the clerk shall preside until a warden pro tempore is chosen by ballot; if both the warden and clerk are absent, the senior in age of the inspectors present shall preside, until a warden pro tempjore is chosen; and if all said officers are absent, any legal voter in said ward may preside until a warden pro tempore is chosen. When any ward officer is absent or neglects to perform his duty, his office shall be filled pro Clerk. tenpore. The clerk shall record all the proceedings and certify the votes, and deliver to his successor in office all the records and journals, toIChap. 299, Sect. 3, of the acts of the year eighteen hundred and eighty-four, provides that each ward of a city containing not over five hundred voters shall constitute a voting precinct, and Sect. 7 that election officers shall be appointed annually by the mayor and aldermen, and shall hold office for one year from the first day of November. CITY CHARTER. gether with all other documents and papers held by him in his said capacity. The inspectors shall assist the warden in receiving, assorting and counting the votes. All said officers shall be sworn to a faithful discharge of their duties; said oath to be administered by the clerk to the warden, and by the warden to the clerk and to the inspectors, or to either of said officers by any justice of the peace for Essex county. A certificate of such oaths shall be made by the clerk upon the ward records. All warrants for meetings of the citizens for municipal purposes, to be held either in wards Inspectors. Ward officersto be sworn. Warrantsfor meetings to be issued bymayor and aldermen. or in general meeting, shall be issued by the mayor and aldermen, and shall be in such form, and served and returned in such manner and at such times as the city council shall direct. The compensation of the ward officers shall be fixed by the concurrent vote of the city council. 6. The mayor shall be elected by the qualified voters of the city at large, voting in their respective wards, and shall hold his office for the municipal year next following his election, and until another shall be chosen and qualified in his place. SECT. SECT. 7. One alderman and three common Mayor tobe elected by the voters at large. One alderman and three corn- by and from the voters of each ward, who shall, at the time of their councilmen shall be elected moncounclmin to be elected by teachvoteward.in MUNICIPAL REGISTER. election, be residents of the wards respectively in which they are elected, and shall hold their offices for one year from the first Monday of January next following their election, and until a majority of the new board are elected and qualified in their places. Election on first Monday of De- cember ally. annu- Ward clerkto notify common councilmen of Monday' of December annually, the qualified voters in the several wards SECT. 8. On the first shall give intheir votes by ballot for mayor, aldermen, common councilmen and school committee, in accordance with the provisions of this act; and all the votes so given shall be assorted, declared and recorded in open ward meeting, by causing the names of persons voted for and the number given for each to be written in the ward records at length. The clerk of the ward, within twenty-four hours thereafter, shall deliver to each person elected a their election. member of the common council a certificate of his election,2 signed by the warden and clerk and a majority of the inspectors of elections, and shall deliver to the city clerk a copy of the record of such elections, certified in like manner: provided, See note, page 5. 2 Chap. 159 of acts of the year eighteen hundred and eighty-five provides that any person elected mayor, alderman, common councilman or member of the school committee shall be notified of his election by the board of aldermen within seven days after the result is declared, any provision in the charter of any city to the contrary notwithstanding. CITY CHARTER. however, that if the choice of members of the common council shall not be effected on that day in any ward, the meeting in such a ward may be adjourned from time to time to complete such election. The board of aldermen shall, within ten days thereafter, examine the copies of the records 9 Mayor electto be notified by board of alder- of the several wards, certified as aforesaid, and shall cause the person who shall have been elected mayor to be notified in writing of his election; but if it appears that no person has been elected, New or if the person elected refuses to accept the office, the board shall issue warrants for a new election, and the same proceedings shall be had in all respects as are herein before provided for the choice of mayor, and from time to time shall be repeated until a mayor is chosen and accepts said office. In Vacancy by case of the decease,' resignation or absence of the tion, mayor, or in case of a vacancy in the office of mayor from any cause, or of his inability to perform the duties of his office, it shall be the duty of the board of aldermen and common council, respectively, by vote to declare that a vacancy exists, and the cause thereof; and thereupon the two boards shall meet in convention and elect a SChap. 182 of the acts of the year eighteen hundred and eighty-two provides that in case of resignation, absence or inability of the mayor, the office devolves on the chairman of the board of aldermen, then on the president of the common council. election to be held in case of failure to elect mayor or his refusal to accept. death, resigna- etc. IO MUNICIPAL Aldermen and common coun- cilmentomeet in convention on thefirst Monday in January and be sworn, REGISTER. mayor to fill such vacancy; and the mayor thus elected shall hold his office until the inability causing such vacancy shall be removed, or until a new election. Each alderman shall be notified in writing of his election by the mayor and aldermen for the time being. The oath prescribed by this act shall be administered to the mayor by the city clerk, or by any justice of the peace for the county of Essex. The aldermen and common councilmen elect shall, on the first Monday of January, at ten o'clock in the forenoon, meet in convention, when the oath required by this act shall be administered to the members of the two boards present, by the mayor, or by any justice of the peace for the county of Essex; and a certificate of such oath having been taken, shall be entered on the journal of the mayor and aldermen and of the common council by their respective clerks. And whenever it shall appear that a mayor has not been elected previous to the first Monday of.January aforesaid, the mayor and aldermen for the time being shall make a record of that fact, an attested copy of which the city clerk shall read at the opening of the convention to be held as aforesaid. After the oath has been administered as aforesaid, the two boards common. coon- cil to organize by choice of president and clerk. shall separate, and the common council shall be organized by the choice of a president and clerk, to hold their offices respectively during the pleasure CITY CHARTER. II of the common council, the clerk to be under oath faithfully to perform the duties of his office. In Citycouncil to organize in abcase of the absence of the mayor elect on the first sence or nonelection of Monday of January, or if the mayor shall not then mayor. have been elected, the city council shall organize itself in the manner herein before provided, and may proceed to business in the same manner as if the mayor was present; and the oath of office may, at any time thereafter, in convention of the two boards, be administered to the mayor and any member of the city council who may have been absent at the organization. In the absence of the mayor, Aldermen may elect president the board of aldermen may choose a presiding offi- pro tem. cer pro tempore, who may also preside at the joint meetings of the two boards. Each board shall keep a record of its own proceedings, and judge of the election of its own members; and in case of failure of election, or in case of vacancy declared by either Each board to keep record of its proceedings. New election to be had in case of vacancy. board, the mayor and aldermen shall issue their warrant for a new election. SECT. 9. The mayor shall be the chief executive Mayortobe chief executive officer of the officer of the city. It shall be his duty to be active and vigilant in causing the laws and regulations ofcity the city to be enforced, and to keep a general supervision over the conduct of all the subordinate offi- May remove officers with cers. Whenever in his opinion the public good consent ofthe appointing so requires, he may remove, with the consent power. MUNICIPAL I2 Maycallspecial meetings of the aldermen and common coun- cil. Shall preside in board of alder- men and joint convention. Salary. Ordinances, orders, etc., requiring concurrent vote to be submitted tothe mayor for approval. REGISTER. of the appointing power, any officer over whose appointment he has, in accordance with the provisions of this charter, exercised the power of nomination. He may call special meetings of the boards of aldermen and common council, or either of them, when in his opinion the interests of the city require it, by causing notice to be left at the usual place of residence of each member of the board or boards to be convened. He shall, from time to time, communicate to both boards such information, and recommend such measures, as the business and interests of the city may in his opinion require. He shall preside in the board of aldermen, and in con- vention of the two boards, but shall have a casting vote only. His salary, for the first five years under this charter, shall be fixed by the city council, but shall not exceed the sum of five hundred dollars per annum. Afterwards it shall be such as the city council shall determine. It shall be payable at stated periods, but shall not at any time be increased or diminished during the year for which he is chosen. He shall receive no other compensation. SECT. 10o. Every ordinance, order, resolution or vote to which the concurrence of the board of alder- men and of the common council may be necessary, except on a question of a convention of the two branches, and every order of either branch involv- CITY CHARTER. 13 ing the expenditure of money, shall be presented to the mayor; if he approves' thereof, he shall signify his approbation by signing the same; but if not, he shall return the same with his objections, to the branch in which it originated, which shall enter the objections of the mayor at large on its records, and proceed to reconsider said ordinance, order, resolution or vote; and if after such reconsideration, two-thirds of the board of aldermen or common council present and voting thereon, notwithstanding such objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the city council, if it originally required concurrent action, where it shall also be reconsidered, and if approved by two-thirds of the members present and voting thereon, it shall be in force; but in all cases the vote shall be determined by yeas and nays. If any such ordinance, order, resolution or vote is not returned by the mayor within ten days (Sundays excepted) May be passed by a two-thirds vote,notwithstanding objec- tions. Ifnot returned ten within dayors, after it shall have been pre-shallbeinforce. sented, it shall be in force. But the veto power of Veto power not to extend to the mayor shall not extend to the election of offi- election of officers. cers required by any law or ordinance to be chosen by the city council in convention, or by concurrent action, unless expressly so provided therein. In all SChap. 312, Sect. 3, of the acts of the year eighteen hundred and eighty-five, provides that one of several items involving the appropriation of money or the raising of a tax may be separately vetoed. 14 MUNICIPAL REGISTER. cases where anything is or may be required or authorized by any law or ordinance to be done by the mayor and aldermen, the board of aldermen shall first act thereon; and any order, resolution or vote of said board shall be presented to the mayor for his approval, in the manner provided in this section. Executive power vested in mayor and aldermen. SECT. I I. The executive power of said city, with all the powers heretofore vested in the selectmen of Gloucester, shall be vested in, and may be exercised by the mayor and aldermen' as fully as if the same were herein specially enumerated. Constables and police officers. The mayor and aldermen shall have full and exclusive power to appoint a constable or constables, and a city marshal and assistants, with the powers and duties of constables, and all police officers, and the same to remove at pleasure. And the mayor and aldermen may require any person who is appointed marshal or constable of the city to give bonds for the faithful discharge of the duties of the office, with such security and to such amount as they deem reasonable and proper, upon which bonds the like proceedings and remedies may be had as are by law provided in case of constables' bonds, taken by the selectmen of towns. The IChap. 164 of the acts of the year eighteen hundred and eighty-two provides that the words " mayor and aldermen," unless provision is otherwise made, shall mean board of aldermen, except in case of appointments. CITY 15 CHARTER. compensation of the police shall be fixed by the Compensation of police. mayor and aldermen, and the compensation of the other subordinate officers shall be fixed by concur; rent vote of the city council. The city council city council to have care of shall have the care and superintendence of the publicproperty. city buildings, and the custody and management of all city property, with power to let or to sell what may legally be let or sold, and to purchase or hire property, real or personal, in the name and for the use of the city whenever its interests or convenience may, in their judgment, require it. And they Annual report of receipts and shall, as often as once a year, cause to be published expenditures. for the use of the inhabitants, a particular account of the receipts and expenditures and a schedule of city property, and of the city debts. SECT. I2. In all cases in which appointments Appointments by mayor and are directed to be made by the mayor and alder- ~alermen. men, the mayor shall have the exclusive power of nomination, being subject, however, to confirmation or rejection by the board of aldermen; and no per- Members of city council not elison shall be eligible by appointment or election to gible to offices emolument. any office of emolument, the salary of which is pay-o able out of the city treasury, who, at the time of such appointment or election, is a member of the board of aldermen or of the common council. Sittings All sittings of the mayor and aldermen, of the com- public. not executive to be i6 MUNICIPAL REGISTER. mon council, and of the city council shall be public when they are not engaged in executive business. Subordinate officers, hocelected. Mayberemoved for cause. Engineers of fire department to beelectedby joint ballot. The city council shall annually, as soon after their organization as may be convenient, elect by joint ballot in convention, a treasurer, collector of taxes, city clerk, one or more superintendents of highways, and a city physician, and by concurrent vote a city solicitor and city auditor, who shall hold their offices respectively for the term of one year, and until their successors are chosen and qualified: provided, however, that either of the officers named in this section may be removed at any time by the city council, for sufficient cause. SECT. 13. SECT. 14. The city council shall annually, in the month of January,elect by joint ballot in convention, a chief engineer of the fire department, and as many assistant engineers, not exceeding twelve, as they may deem expedient, who shall hold their offices for the term of one year from the first Monday of February next ensuing, and until their successors are chosen and qualified. The city council may at any time remove any elected member of the said board from office for cause. The compensation of the officers mentioied in the last two sections shall be fixed by concurrent vote of the city council. I7 CITY CHARTER. SECT. 15. The city clerk shall also be clerk of the board of aldermen, and shall be sworn to the faithful performance of his duties. He shall perform such duties as may be prescribed by the board of aldermen; and he shall perform all the duties and exercise all the powers incumbent by law upon him. He shall deliver to his successor in office, as soon as chosen and qualified, all journals, records, papers, documents or other things held by him in his capacity as city clerk. SECT. 16. The city council shall, in such man- ner as they may determine, elect or appoint all City clerk to be clerk of aldermen and be sworn. ity councilto appoint other subordinate officers. other subordinate officers, for whose election or ap- pointment other provision is not herein made, define their duties and fix their compensation. SECT. 17. All city and ward officers shall be held to discharge the duties of the offices to which they have been respectively elected, notwithstanding their removal after their election out of their respective wards into any other wards of the city; Officers to perform duties after removal to another ward. but a permanent residence out of the city shall cause Removal a vacancy to exist in the offices to which they were elected. SECT. I8. The city council shall take care that no money is paid from the treasury unless granted or appropriated, and shall secure a just and proper from city to cause vacancy. No money to be paid from the treasury unless authorized by the city council. 18 Bonds to be required. MUNICIPAL REGISTER. accountability by requiring bonds with sufficient penalties, and sureties from all persons intrusted with the receipt, custody or disbursement of money. Election of overseers of the poor. Vacancies, how SECT. 19. The city council elected in Decem- ber, in the year eighteen hundred and seventy-three, shall as soon after their organization as may be convenient, elect by joint ballot in convention, three persons to be overseers of the poor, one for three years, one for two years, and one for one year; and thereafter the city council shall annually, as soon after their organization as may be convenient, elect in the same manner one person, who shall hold his office for the term of three years next ensuing, and until another is elected and qualified in his stead. The persons so elected shall, with the mayor and president of the common council, constitute the board of the overseers of the poor. The mayor shall be, ex oflcio, chairman of the board. Vacancies occurring in the board may be filled by joint filled. Compensation fixed by concur- rent vote. ballot of the city council at any time, the member so elected to hold office only for the unexpired term of the member who has ceased to hold office. The city council may at any time remove any elected member of the said board from office for cause. The compensation of the overseers of the poor shall be fixed by concurrent vote of the city council. The board shall be organized annually on the third CITY CHARTER. i9 Monday in January, or as soon thereafter as may be convenient. The city council elected in December, in the year eighteen hundred and seventy-three, shall as soon after their organization as may be convenient, elect by concurrent vote three persons to be assessors of taxes, one for three years, one for two years, and one for one year; and thereafter the city council shall annually, as soon after their organization as may be convenient, elect in the same manner, one person who shall hold his office for the term of three years next ensuing, and until another is elected and qualified in his stead. The persons so elected shall constitute the board of assessors, and shall exercise the powers and be subject to the liabilities and duties of assessors in towns. Election of Vacancies occurring in the board may be filled by vacancies, how SECT. 20. concurrent vote of the city council at any time, the member so elected to hold office only for the unexpired term of the member who has ceased to hold office. All taxes shall be assessed, apportioned and collected in the manner prescribed by the general laws of the Commonwealth: provided, kowever, that the city council may establish further or additional provisions for the collection thereof. The compensation of the assessors shall be fixed by concurrent vote of the city council. assessors of taxes. filled. Compensation. 20 Electionof assistant assessors. Duties. Election of school committee. MUNICIPAL REGISTER. The qualified voters of each ward, at their respective annual ward meetings for the choice SECT. 21. of officers, shall elect by ballot one person in each ward, who shall be a resident of said ward, to be an assistant assessor, whose compensation shall be fixed by the city council; and it shall be the duty of the persons so chosen to furnish the assessors with all necessary information relative to persons and property taxable in their respective wards; and they shall be sworn to the faithful performance of their duty. SECT. 22. The qualified voters of the city shall, on the first Monday of December, in the year eighteen hundred and seventy-three, elect by ballot, nine persons to be members of the school committee, three to be chosen for three years, three for two years, and three for one year, from the first Monday of January, in the year eighteen hundred and seventy-four; and thereafter three persons shall be chosen, at each annual meeting, for the term of three years from the first Monday of January next ensuing; and the persons so chosen shall, with the mayor, constitute the school committee, and have the care and superintendence of the public schools, Members to serve without pay. Mayor to be chairman ex officio. and shall serve without pay. The mayor shall be ex officio chairman of the board, and all the rights and obligations of the town of Gloucester, in rela- CITY CHARTER. 2I tion to the grant and appropriation of money to the support of the schools, and the special powers and authority heretofore conferred by law upon the inhabitants of said town, to raise money for the support of schools therein, shall be merged in the powers and obligations of the city, to be exercised in the same manner as over other subjects of taxation; and all grants and appropriations of money for the support of schools, and the erection and repair of school-houses in said city shall be made by the city council, in the same manner as grants and appropriations are made for other city purposes. SECT. 23. city council. Should there fail to be a choice of Vacancies members of the school committee or assistant assessors on the day of the annual election, the vacancies occurring by such failure shall be filled, in the case of the school committee, by a joint ballot of the city council and school committee, and in case of the assistant assessor, by a concurrent vote of the city council; and vacancies thereafter occurring, shall be filled in like manner. SECT. 24. Appropriations for schools to be made by the The city council shall have exclusive in schfiol commit- teeandassistant assessors, how filled. City council to authority and power to lay out any new street or lay out streets, establish grades town way, or sidewalks, and fix the width, height andestimates. and grade of the same, and to estimate the damages any individual may sustain thereby; but the MUNICIPAL 22 REGISTER. dermen to first act thereon. same shall first be acted upon by the mayor and ' aldermen, and any person dissatisfied with the de- Persons cision of the city council in the estimate of damages, Mayor and al- dissat- isfied with damagesmayappeal to county commissioners. may make complaint to the county commissioners of the county of Essex, at any meeting held within one year after such decision, whereupon the same proceedings shall be had as are now provided by the laws of this Commonwealth, in cases whe!e persons are aggrieved by the assessment of damages by selectmen, as set forth in the forty-third chapter of the General Statutes.' Citycouncil may make by- laws for the SECT. 25. The city council may make by-laws, with suitable penalties, for the inspection and sur- inspection of- wood, vey, measurement and sale of lumber, wood, hay, hay, coal and bark. coal and bark, brought into or exposed in the city lumber, Shall have same powers as towns to suspend certain laws. May make by-laws, with penalties not exceedingtwen- ty dollars. for sale; and shall have the same powers as the town had in reference to the suspension of the laws for the protection and preservation of useful birds, and of all other laws, the operation or suspension of which is subject to the action of the town thereon. The city council may also make all such salutary and needful by-laws, as towns, by the laws of this Commonwealth, have power to make and estab- lish, and to annex penalties not exceeding twenty dollars for the breach thereof, which by-laws shall take effect and be in force from and after the time SSee Chapter49, Public Statutes. CITY CHARTER. therein respectively limited, without the sanction of any court, but subject to the approval of the mayor: provided, zowever, that all laws and regulations in force in the town of Gloucester shall, until they expire by their own limitation, or are revised or repealed by the city council, remain in force; and all fines and forfeitures for the breach of any by-law or ordinance, shall be paid into the city treasury. SECT. 26. All elections of national, state, county and district officers, who are voted for by the people, shall be held at meetings of the citizens qualifled to vote at such elections, in their respective wards, at the time fixed by law for these elections respectively. SECT. 27. Ten days prior to every election, the mayor and aldermen' shall make out lists of all the citizens of each ward qualified to vote in such elections, in the manner in which selectmen of towns are required to make out lists of voters; and for that purpose they shall have full access to the assessors' books and lists, and are empowered to call SChap. 298, Sects. 14 and 15, of the acts of the year eighteen hund- red and eighty-four, provides for the appointment of a board of registrars of voters, consisting of three persons, who shall be appointed by the mayor and aldermen, and the city clerk, and who shall perform all the duties in relation to the registration of voters previously imposed on the mayor and aldermen. 23 Proviso. Fines to be paid into the city treasury. Election of national, state, county and district officers to be bywards. Lists of voters to be made out by mayor and aldermen ten days prior to every election. 24 MUNICIPAL REGISTER. for the assistance of the assessors, assistant assessors and other city officers; and they shall deliver the lists so prepared and corrected to the clerks of the Lists tobe posted in each ward. several wards, to be used at such elections; and no person shall be entitled to vote whose name is not borne on such list. A list of the voters in each ward shall be posted in one or more public places in each ward. General meet. ings of citizens. SECT. 28. General meetings of the citizensqual- ified to vote may from time to time be held to consult upon the public good, to instruct their representatives, and to take all lawful means to obtain redress for any grievances, according to the right secured to the people by the constitution of this Shall be called Commonwealth, and such meetings may and shall be duly warned by the mayor and aldermen, upon fifty voters. upon request of the request in writing, setting forth the purposes thereof, of fifty qualified-voters. Board of health. SECT. 29. All power and authority now vested by law in the board of health of the town of Gloucester, or in the selectmen thereof, shall be transferred to and vested in the city council, to be by them exercised in such manner as they may deem expedient. Fire depart- SECT. 30. All power and authority now vested ment. in the selectmen of said town in relation to the fire 25 CITY CHARTER. department in said town, shall be transferred to and vested in the mayor and aldermen; but the city council shall have power to establish fire limits within said city, and from time to time change and City council may establish fire limits. enlarge the same; and by ordinance they shall regulate the construction of all buildings erected within said fire limits, stipulating their location, size and the materials of which they shall be constructed, together with such other rules and regulations as shall tend to insure the same from damage by fire. SECT. 31. All acts and parts of acts inconsistent with this act are repealed: provided, however, that the repeal of the said acts shall not affect any act done, or any right accruing or accrued or established, or any suit or proceeding had or commenced in any civil case before the time when such repeal shall take effect; and that no offence committed, and no penalty or forfeiture incurred under any act hereby repealed, and before the time when such repeal may take effect, shall be affected by the repeal; and that no suit or prosecution pending at the time of the said repeal, for any offence committed or for the recovery of any penalty or forfeiture incurred under said acts, shall be affected by such repeal; and provided, also, that all persons who, at the time such repeal takes effect, shall hold any office under the said acts, shall continue to hold the same until Inconsistent acts repealed. Repeal not to affect act done, etc. 26 MUNICIPAL REGISTER. the organization of the city government, contemplated by this charter, shall be completely effected. First election of city SECT. 32. For the purpose of organizing the officers. system of government hereby established, and put- ting the same in operation in the first instance, the selectmen of the town of Gloucester, for the time being, shall issue their warrants seven days at least previous to the first Monday of December in the present year, calling meetings of the citizens of each ward on that day, at such place and hour as they may deem expedient, for the purpose of choosing a warden, clerk and inspectors of each ward, and all other officers whose election is provided for in the preceding sections of this act; and the transcripts of the records in each ward specifying the votes given for the several officers aforesaid, certified by the warden and clerk of the ward at said first meeting, shall be returned to said selectmen, whose duty it shall be to examine and compare the same, and in case such elections should not be completed at the first meeting then to issue new warrants until such elections shall be completed, and to give notice thereof in the manner before provided to the several persons elected; and at said first meeting a list of voters in each ward, prepared and corrected by the selectmen for the time being, shall be delivered to the clerk of each ward when elected, to be used as herein CITY CHARTER. 27 before provided. After a choice of the city officers as aforesaid, or a majority of both boards, the selectmen shall appoint a place for their first meeting, and shall, by written notice left at the place of residence of each member, notify them thereof. And after this first election of city officers, and this first meeting for the organization of the city council, the day of holding the annual elections and the day and hour for the meeting of the city council for the purpose of organization, shall remain as provided in said eighth section of this act. It shall be the duty of the city council, immediately after the first organization, to carry into effect the several provisions of this act. SECT. 33. This act shall be void, unless the in- habitants of the town of Gloucester, at a legal town meeting called for that purpose, shall within ninety days from the passage of this act, by a vote of a majority of the voters present, and voting thereon as hereinafter provided, determine to adopt the same. At said meeting the votes shall be taken by written or printed ballots, and the polls shall be kept open not less than six hours. The selectmen shall preside in said meeting, and in receiving said ballots, shall use the check-lists in the same manner as they are used in elections of state officers. SECT. 34. sage. Act void unless accepted by a majority vote within ninety days from passage. This act shall take effect upon its pas- Act to take effet on passage. [Approved April 28, 873. ORDINANCES OF THE CITY OF GLOUCESTER REVISED AND CODIFIED UNDER DIRECTION OF THE Joint 8e/ect Committee on Revision of Ordinances. ADOPTED 1885. GLOUCESTER: PRINTED AT THE CAPE ANN ADVERTISER OFFICE. I886, City of Gloucester. IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND EIGHTY-FIVE. AN ORDINANCE Revising, Consolidating and Establishing the Ordinances of the City of Gloucester. Be it Ordained by the City Council of the City of Gloucester, as follows: CHAPTER I. RELATING TO SECTION SECTION i. Enacting clause of ordinances. 2. Revised ordinances, when to take effect. 3. Repeal of previous ordinances. 4. Repeal not to affect right done, etc., nor revive ordinances repealed. 5. Construction of ordinances, 6. Violation punishable by fine not exceeding twenty dollars. SECTION I. ORDINANCES. 7. Ordinances to be engrossed by city clerk; to be published in one or more newspapers. 8. Ordinances to be printed with the annual reports. 9. Ordinances to take effect from passage unless time is prescribed. All by-laws of the city shall be By-laws to be called ordinan. called ordinances, and the enacting clause thereof ces. shall be, "Be it Ordained by the City Council Of Enacting cause. the City of Gloucester, as follows:" MUNICIPAL When ordinan. ces shall take effect. REGISTER. The several chapters of this ordinance, having been codified, revised and compiled, under SECT. 2. the direction and supervision of a joint special committee of the city council of the city of Gloucester, and also having been revised by the city council, are hereby declared to be the ordinances of said city of Gloucester, and shall have the force thereof, and shall take effect on the first day of January in the year one thousand eight hundred and eighty-six. Previous ordinances repealed. 3. All ordinances of the city passed by the city council, prior to the passage of this orSECT. dinance, are hereby repealed, such repeal to take effect on said first day of January. Repeal of previous ordinances not to affect act done, etc. SECT. 4. The repeal mentioned in section three shall not affect any act done, or any right accruing or accrued or established, or any suit or proceeding had or commenced in any civil case before the time when such repeal shall take effect, nor any offence committed, nor any penalty or forfeiture incurred, nor any suit or prosecution pending at the time of such repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred, under any of the provisions so repealed; and all persons who, at the time when the said repeal shall take effect, shall hold any office under any of the ordinances so repealed, shall continue to hold the same according to the tenure thereof, except those offices ORDINANCES. which may have been abolished, and those as to which a different provision shall have been made by the chapters of this ordinance; and no ordinance or part of an ordinance, which has been heretofore repealed, shall be revived by the repeal mentioned in the preceding section. SECT. 5. In the construction of ordinances, the Rules observed in construction following rules shall be observed, unless the con-ofordinances. struction thereby attained would be inconsistent with the manifest intent of the city council, or repugnant to the context of the ordinance; that is to say: First, whenever anything is prohibited, the agent or employer, as well as the person actually doing such forbidden act, shall be liable to the prescribed penalty; second, the words streets" and Shighways" include avenues, courts, lanes, alleys, public squares and places, and each of these words includes every other of them; words importing the singular number may extend and be applied to the plural number; and words importing the masculine gender may be applied to the feminine; third, whenever anything is prohibited to be done without the license of some officer or board, such officer or board shall have power to permit or license such thing to be done. SECT. 6. The violation of any provision of any ordinance now in force, or hereafter enacted by the for Penalty violation of ordi- nances. 6 MUNICIPAL REGISTER. city council, in case no penalty is provided in the ordinance, shall be punished by a fine not exceeding twenty dollars. Ordinances to be engrossed. Tobepublished in one or more newspapers. Ordinances to be printed. SECT. 7. All ordinances shall be engrossed by the city clerk in the order in which they shall be passed, in a book of records kept for the purpose. All ordinances, and such of the orders as the city council may direct, shall be published once or more, as the city council may direct, in one or more newspapers published in the city. The joint standing committee on printSECT. 8. ing shall cause to be printed annually with the an- nual reports, all the ordinances which have been passed during the preceding year. When ordinances shall take effect. 9. Every ordinance which does not expressly prescribe the time when it shall go into operation, shall take effect from and after its passage. SECT. ORDINANCES. CHAPTER II. RELATING TO BUILDINGS. SECTION SECTION I. Chapter one hundred and four of Public Statutes adopted. 2. Fire limits established and defined. Buildings, how constructed. 3. Wooden buildings not to be moved into fire limits, nor within said limits without license from aldermen. Building damaged two-thirds of its value not to be repaired without consent of aldermen. 4. No wooden addition to be made to any building within said limits without license from aldermen. 5. Notices of intentions to build to be given; city clerk to keep abstract of such notices. SECTION I. 6. No building to be moved without permit. 7. Form of application. 8. Superintendent of highways to consent and approve route. 9. Persons authorized to move. io. Bond to be given. Buildings remaining in the street during the night to be lighted. 12. Trees not to be removed or cut without consent. 13. Fire alarm wires not to be cut or removed without consent. 14. Aldermen authorized to number buildings. ii. The provisions of chapter one hun- dred and four of the Public Statutes are hereby adopted by this city. SECT. 2. No buildings, the Chap. zo4, Pub- lic Statutes, adopted. exterior walls of Fire limits which shall be in part or wholly of wood, shall hereafter be erected within the district beginning at Water street, at its junction with Rogers street, and running northerly by the westerly side of Water street to Main street, crossing Main street, to Elm street, thence along the westerly side of Elm street to Federal street, thence along the southerly side of Federal street to Pleasant street, thence along the easterly side of Pleasant street to Middle street, thence along the southerly side of Middle street to Washington street, thence southerly by the eastern side of Washington street, crossing Main street, to established and defined. 8 MUNICIPAL REGISTER. the city landing, thence easterly from said landing, in a straight line to the northerly side of Rogers street, thence by the northerly side of Rogers, crossing Duncan street, to Water street, the point begun Partition wall. at. And no more than two stores or two dwelling houses, or a dwelling house and a store, shall be united in one building without a partition wall of brick at least twelve inches in thickness, which wall shall project at least twenty-four inches above the roof of such buildings, and the roof of such buildings shall be covered with slate, tin or other metal. Wooden build- SECT. 3. No person shall move, or cause to be ings not to be moved into said moved, from without said limits, any wooden buildlimits. Nor moved within the same without license from board of aldermen. Repairing in fire limits. ing into the same; nor shall any person move, or cause to be moved, from one place to another within said limits, any wooden building, without a license from the board of aldermen; nor shall any person be allowed to repair or rebuild any building in said fire limits which has been damaged by fire, or otherwise, to the extent of two-thirds of its value, without the consent of the board of aldermen. Wooden additions to buildings in fire limits. SECT. 4. No person shall make, or cause to be made, any wooden addition to any building, wooden or otherwise, within said limits, without a special license from the board of aldermen, and upon such terms and conditions as they may prescribe. ORDINANCES. SECT. 5. All persons intending to erect or to make any alterations in the external walls of any building or buildings of any description, any part of which is to be placed upon or within ten feet of any of the public streets, squares, alleys or lanes of the city, shall, before he or they proceed to build or erect the same, or to lay the foundation thereof, or to make the said alterations, give notice in writing of such intention to the board of aldermen fifteen days, at least, for doing any act for carrying such intentions into execution, in order that any encroachments or any other injury or inconvenience to the said public streets, squares, lanes or alleys, which might otherwise happen, may be thereby prevented, and that the proper grade be maintained; and an abstract of all such notices of intentions shall be entered by the city clerk in a book to be kept for the purpose. SECT. 6. No person shall move a building in any street or way in the city of Gloucester, without a license from the board of aldermen, to whom all applications for moving buildings as aforesaid shall be made. 7. All applications shall state the location of the building to be moved, its length, width, height, and the material of which it is constructed, and the location of the lot on which it is proposed SECT. Noticeofintention to erect building to be given. Nobuildingto be moved without permit. Form of application. I0 MUNICIPAL REGISTER. to be placed; and shall definitely describe the route over which it is to be moved, the length of time required to move the same, and whether it will be necessary to remove any shade trees or branches thereof. Superintendent of highways to consentto location and ap- prove route. All applications shall be accompanied by the written consent of the superintendent of highways to place the building on the lot proposed, SECT. 8. together with a certificate that the building has been er condition for removal; from said superintendent route. Persons authorized to move buildings. Bondtobe given, from said superintendent examined and is in propand also by a certificate approving the described granted only to practical building movers, who are known to be engaged in such business; and such removal shall take place under the direction of the superintendent of highways. SECT. 9. Permits shall be No person or persons shall move or SECT. io. carry a building through the streets of the city without first giving bonds to the city of Gloucester in the sum of not less than three hundred dollars, with two or more sureties, (one of whom shall be the owner of the building,) to save harmless and indemnify the city from all damages which may occur by such removal; and said bond shall be satis- ORDINANCES. II factory to and approved by the city solicitor, and filed with the city clerk before the permit is issued. Whenever any building shall remain in or upon any street or way of this city during the night, the person removing the same, or the owner SECT. I I. Buildingsremaining in the street over night to have lights placed upon them. thereof, shall cause a good and sufficient light to be placed at each end of such building; and shall also maintain a suitable watch about the same during Xatch to be maintained, if the whole of each and every night that the same may remain in or upon said street or way, whenever so required by the mayor or the alderman of the ward in which said building may be. SECT. 12. The consent of the board of aldermen required. Shade trees. shall be obtained before any shade trees are removed or the branches thereof cut or trimmed. SECT. 13. The consent of the person having charge of the fire alarm telegraph shall be obtained before any wires of said fire alarm telegraph are cut or removed. SECT. 14. The board of aldermen shall have power to cause numbers of regular series to be affixed to all dwelling houses and all other buildings erected on any street, lane, alley or public court within the city, and shall also have power to determine the form, size and material of such numbers, Firealarm telegraph. Nu.bering of dwellings and other buildings. REGISTER. MUNICIPAL I2 and the mode, place, succession and order of affixing them on such houses or other buildings; and owner or occupant of building to affix numbers. Other numbers prohibited. every owner or occupant of a building, or part of a building, shall affix to the same the number designated by the board of aldermen, or by a committee by them duly authorized, and shall not affix to the same, nor permit to remain there more than one day, any number contrary to the direction of the board of aldermen or committee so authorized. CHAPTER III. RELATING TO BURIAL GROUNDS THE SECTION I. Appointment Duties, BURIAL OF DEAD. SECTION and duties of undertak- ers. 2. Permit required before interment or removal of body; city clerk to grant the same. 3. Time of interment. Permit required for opening grave. Appointmentof undertakers. AND SECTION I. 4. Removal of bodies. 5. Depth of graves. 6. Undertaker to be notified in case of death. Return to be made to city clerk before burial. 7. Board of health may make regulations. The mayor and aldermen shall an- nually appoint a sufficient number of funeral undertakers, whose duties it shall be to attend and manage funerals, when so required, under the direction of the committee on burial grounds; and all persons not licensed as undertakers are hereby prohibited from performing such duties. ORDINANCES. No person shall bury or inter, or cause to be buried or interred, in this city, any dead body, SECT. 2. or remove, or cause to be removed, out of the city, the body of a deceased person for interment, without first having obtained a permit so to do from the city clerk, and it is hereby made the duty of the good cause city clerk to grant the same, unless some I3 Permit required for burial or removal of body. City clerk to grant permit. should appear for refusal. SECT. 3. No person shall bury or inter, or cause When inter- to be buried or interred, any dead body, at any other time of day than between sunrising and sunsetting, except when otherwise ordered or permitted by the committee on burial grounds or by the board of health; and no grave shall be opened, for the burial therein or disinterment therefrom of any dead body, ment may take place. No grave to be opened without permit. unless a permit shall first have been obtained from the city clerk. SECT. 4 .No person shall remove any dead body, or the remains of such body, from any grave or tomb in the city, nor disturb, break up or remove any Body not to be removed from grave without permit. dead body in any grave or tomb, unless a permit shall have been first obtained therefor from the city clerk. In all cases of interments or burials, the top of any coffin, in any grave, shall not be less than four feet from the surface of the ground. SECT. 5. Depth of grave. 14 Notice of death to be given to undertaker, MUNICIPAL REGISTER. 6. Whenever any person shall die within the limits of the city, it shall be the duty of the SECT. nearest relative, or of the person in whose house the death may have occurred, or of any other person who may have first been informed of the event, to cause the same to be made known to an undertaker Returns tobe as soon as practicable. Every undertaker, or other made to city clerk, person, at each funeral under his charge, shall forthwith obtain and return to the city clerk, the name, the date of the death, the sex, the color, the condition (whether married, widowed or single, and the name of the husband of any married woman or widow), and name of the attending physician, (with the certificate giving the cause of the death,) the age, the residence, the occupation, the place of death, giving the name of the street and number of the building where the death occurred, the place of- birth, the disease or cause of death, the place of burial, giving the name of the ground, the number of the lot, the number and position of the grave, and of the range or tomb where buried or deposited, and the names and places of birth of the parents of the deceased, to be recorded by the said city clerk in accordance with the provisions of law; and each undertaker having the charge of a funeral shall see that the duties required in this section are carefully and properly discharged. I5 ORDINANCES. The board of health may make and Board of health may make regadopt any regulations in relation to the interment of lations. the dead which they may deem expedient, provided the same be not inconsistent with the provisions of this chapter. SECT. 7. CHAPTER IV. RELATING TO CITY OFFICERS. SECTION SECTION CITY CLERK. I. Duties of city clerk; compensation to be in full for all services as clerk. 2. Shall have care of records and papers, and keep record of streets. 3. Shall attend meetings of citizens and keep record of proceedings. 4. Shall act as clerk of joint standing committees when required. 5. Office hours. CITY TREASURER. 6. City treasurer and collector of taxes to give bonds. Compensation. 7. Shall keep full set of books, keep documents in fire proof safe, and report to city council annually. Office hours. 8. CITY ENGINEER. 17. Election of city engineer. Tenure of office. 18. Shall have custody of surveying instruments, plans, etc. i9. Duties of city engineer. 20. Compensation. CITY SOLICITOR. 21. Qualifications of city solicitor. 22. Duties of city solicitor. 23. Compensation. CITY PHYSICIAN. 24. Duties of city physician. 25. Compensation. 26. Not required to attend small pox patients. INSPECTOR OF MILK. CITY AUDITOR. 9. Duties of city auditor. io. Shall report receipts and expenditures of the city to the city council annually. II. Shall perform other services required. Compensation. CITY MESSENGER. Election of city messenger. Tenure of office. 13. Duties. 14. Shall attend to letting City Hall. 15. May employ assistance in duties as janitor. 16. Shall devote his whole time to the service of the city, attend meetings, wait on committees, etc. 12. 27. Appointment of inspector of milk. 28. Inspector of milk to be sworn. pensation. Tenure of office. 29. Duties of inspector of milk. SEALER OF WEIGHTS AND Com- MEASURES. 30. Appointment of sealer of weights and measures. 31. Powers and duties. 32. Compensation. OTHER CITY OFFICERS. 33. Appointment of field drivers, etc. REMOVALS FROM OFFICE. 34. Method of procedure in removals from office. 35". Report to be considered within one month. I6 MUNICIPAL REGISTER. City Clerk. Duties of city clerk. Compensation. SECTION I. The city clerk shall perform all the duties required by the laws of the Commonwealth, the city charter, and the ordinances of the city, and shall receive such compensation for his services as shall be determined by the city council, and the same shall be deemed to include and to be in full for all services rendered by him to the city as such Salary to include fees. Shall have care of records and documents. Shall keep record of streets, Shall attend general meetings of citizens. Shall keep records of such meetings. city clerk, and to include all fees to which he is entitled by law, whether received from the city or from other persons by reason of his said office. SECT. 2. The city clerk shall have the care and control of the city records, and of all documents and papers, respecting the custody of which no other provision is made. He shall keep a record of all streets, alphabetically arranged. SECT. 3. He shall attend all the general meet- ings of the citizens which may be held by virtue of warrants issued by the mayor and aldermen, and he shall open such meetings by reading the warrant therefor, and shall continue to preside thereat until a moderator is chosen. He shall keep, in a separate book, a record of the proceedings of such meetings, and shall insert in the record, copies of all reports or other documents upon which such proceedings may have been founded. ORDINANCES. SECT. 4. He shall act as clerk of the several joint standing committees, when so required by them respectively. The office of the city clerk shall be open every day, Saturdays, Sundays, holidays, and the month of August in each year, excepted, from nine o'clock in the forenoon till four o'clock in the afternoon. On Saturdays, and during the month of August, the office shall be open from nine o'clock in the forenoon till four o'clock in the afternoon. SECT. 5. I7 Shall act as clerk of joint standing ommittees. Officehours. City Treasurer. SECT. 6. The city treasurer and collector of tax- es shall give bonds, with sufficient sureties, to the satisfaction of the city council, in the sum of forty thousand dollars, for the faithful performance of the duties of his office, and that he will truly and justly account for all moneys that may come into his hands, and shall receive such compensation for his services as the city council may from time to Bonds of city treasurer and collectorof taxes. Compensation. time determine. SECT. 7. The city treasurer shall keep, in a neat and methodical manner, a complete set of books, to be approved by the committee on accounts, and shall enter therein the various appropriations, each under its appropriate head, and charge to each the different expenditures and payments that from time Duties. MUNICIPAL REGISTER. to time may be made therefrom,and pass to the credit of each department such sums belonging to them as may come into his possession. He shall cause all books, papers, vouchers and documents, under his care, belonging to the city, when not in use, to be deposited and kept in a fire-proof safe or vault, provided by the city, and shall deliver to his successor, or to any person or persons appointed by the city council to receive the same, all papers, books, documents and property belonging to said office. He shall furnish such information respecting the accounts, finances, or payments of or to said city, as the city council, or either branch thereof, or any committee thereof, may at any time require; and shall annually, in the months of December or January, make a report to the city council of the receipts and expenditures of his office for the preceding financial year. Office hours. Proviso. 8. The office of the city treasurer shall be open every day, Saturdays, Sundays, holidays, and the month ot August in each year, excepted, from nine to twelve o'clock in the forenoon, and from two to four o'clock in the afternoon. On Saturdays, and during the month of August, the office shall be open from nine to twelve o'clock in the forenoon, and from one to two o'clock in the afterSECT. noon: provided, however, that on the regular pay I9 ORDINANCES. day and the day succeeding, the office shall be open from nine to twelve o'clock in the forenoon, and from two to four o'clock in the afternoon. City Auditor. SECT. 9. The city auditor shall keep, under the Dutiesof ity direction of the committee on accounts, an accountato. of the appropriations made by the city council, and shall advise the city council whenever the appropriations for special objects have been expended, and shall in no case exceed the appropriations without special authority from the city council. He shall, within ten days from the approval of the monthly bills by the committee on accounts, and whenever required by a vote of either branch, report thereto a printed statement of all existing appropriations, general and special, with the respective amounts expended and unexpended in each of the same. Whenever any bonds shall be issued by the city, the auditor shall countersign and register the same. He shall record all notes issued by the city treasurer and countersigned by the mayor. SECT. I O. On or before the first day of March Shall report receipts and ex- in each year, the city auditor shall report to the city penditures the preced- nually. council the receipts and expenditures of ing fiscal year, giving the details thereof, under their separate heads, and the names of the persons to an- 20 MUNICIPAL REGISTER. whom, and the purposes for which, such expenditures were made. Additional duties. duties. Compensation. The city auditor shall also perform SECT. II. such other services as may be required by the ordi- nances, or by any vote of the city council, and shall receive such compensation as the citj council shall determine. City Messenger. Election of city messenger. Compensation. Duties. SECT. 12. The city council shall annually, in the month of January, or as soon thereafter as may be, elect, by concurrent vote of both branches thereof, a city messenger, who shall hold his office until his successor is chosen and qualified, and shall receive such compensation for his services as the city council may determine. SECT. 13. The said city messenger shall receive and deliver all messages, notifications, and other papers and documents, except tax bills, when thereto directed by the mayor, by either branch of the city council, or by any committee of the same, or by the city clerk or city treasurer, and shall perform such other services as shall be required of him by the board of aldermen or the common council. He shall attend upon either branch when in session separately, and, under the direction of the mayor or city clerk, shall provide all stationery and other ORDINANCES. 21 things necessary for the accommodation of both branches of the city council, or any committee thereof. He shall have the superintendence of the City Hall, together with the steam heating apparatus, and see that the same is kept in good condition, under the direction of the committee on public property. He shall also cause to be prepared the several rooms in the City Hall selected for meetings, or for the transaction of any of the business departments of the city, and shall see that the same are put in good order and condition; and he shall at all times be subject to any further orders and regulations made by the city council. The city messenger shall, under the ShallletCity direction of the committee on public property, at-Hall. tend to the letting of City Hall, and receive all moneys therefor, paying the same immediately to the city treasurer, and taking his receipt therefor. SECT. 14. The city messenger, under the directhe committee on public property, may emtion of ploy assistance, whenever it may be necessary, in the performance of his duties as janitor of the City Hall, the expense of which shall be paid from the appropriation for City Hall. May employ 16. The city messenger shall devote his whole time to the service of the city, and shall at- Further duties. SECT. 15. SECT. assistance. MUNICIPAL 22 REGISTER. tend all meetings of the board of aldermen and of the common council. He shall wait upon all committees, when in session at City Hall, and in general, shall perform all services as required by the mayor, city clerk, by either branch of the city council, or committee of the same. City Engineer. Election of city engineer. SECT. I7. The city council shall annually, in the month of January, or as soon thereafter as may be, elect, by concurrent vote of both branches thereof, a city engineer, who shall hold his office until his successor is chosen and qualified. Said engineer shall, before entering upon his duties, take the customary oath, and shall be removable at the pleasure of the city council. Shall have care oand plans tscharge 18. The said city engineer shall have and custody of all the surveying instruments, SECT. plans, profiles and measurements of all buildings, streets, sidewalks, water pipes, reservoirs, drains and sewers, culverts and bridges, belonging to the city, and keep the same, when not in use, in the office provided for him by the city. Shall make plans and calculate grade of streets. SECT. 19. The said city engineer shall make and keep a record of all surveys of the streets, alleys, market places, public landings and commons, and all other public works of the city, and execute plans ORDINANCES. 23 and draughts of the same; and calculate and ascertain the proper grade and level of all streets which now are or may hereafter be accepted, laid out and established by the city council, with the boundaries and measurements thereof, the names of the owners of estates, if known, upon and through such streets as may be located, and the estates abutting thereon, and perform such other services pertaining to the duties of a civil engineer as may be required of him by the mayor, the board of aldermen, or any committee of the city council. In full compensation for all the services of said city engineer, he shall receive such salary as the city council shall fix and determine. SECT. 20. Compensation. City Solcidtor. SECT. 21. The city solicitor shall have been ad- mitted and be an attorney and counsellor of the courts of the Commonwealth, and shall not hold any other office created by the city council during City solicitor to be a counsellor- at-law. Shallholdno other city office. the period for which he is elected, and shall be removable at the pleasure of the city council, by concurrent vote of the two branches. SECT. 22. He shall commence and prosecute all Shall prosecute actions and suits to be commenced by the city be-aa defend all suits. fore any tribunal in this Commonwealth, whether in law or equity, and also appear in, defend and ad- MUNICIPAL 24 Shall appear before the legislature. REGISTER. vocate the rights and interests of the city, wherein any estate, right, privilege, ordinance, or acts of the city government, or any breach of any ordinance, may be brought in question. He shall also appear before the legislature of the Commonwealth, or any committee thereof, whether of either or both branches of the same, and there, in behalf of the city, represent, answer for, defend and advocate the welfare and interests of said city, whenever the same may be directly or incidentally affected, whether to prosShall draft bonds, deeds, etc. Shall give legal opinion to officersrequiringit. ecute or defend the same. He shall draft all bonds, deeds, obligations, contracts, leases, agreements, conveyances, and other legal instruments of whatever nature, and do all and every professional act incident to the office, which may be required of him by the city council, or either branch thereof, or by any joint or special committee, or by any ordinance or order; and he shall, when required, furnish the mayor, the board of aldermen, the common council, or any joint or special committee of either branch thereof, and to any officer of the city who may require it in the official discharge of his duties, with his legal opinion on any subject touching the duties of their respective offices. Salary. SECT. 23. In full compensation for all the ser- vices of said solicitor, he shall receive such salary as the city council shall fix and determine. In all ORDINANCES. 25 cases, however, when his attendance may be required out of the city, his personal travelling expenses will be allowed. Cit'y Physician. SECT. 24. It shall be the duty of the city physi-Dutiesof city physician. cian to attend, under the general direction of the overseers of the poor, upon all sick paupers and patients, under the care of the city authorities, at the almshouse and elsewhere in the city; to perform all the professional services that may be required in the police station; to vaccinate all scholars of the public schools who may be sent to him by the school committee for the purpose; and to perform such other professional services as may be required of him by the city council, or either branch thereof. SECT. 25. In full compensation for such servi- Compensation. ces, he shall receive such salary as the city council shall determine. SECT. 26. Nothing in this ordinance shall be construed to make it incumbent upon the city physician to attend upon persons sick with small-pox, or to perform any vaccinations except those designated in section twenty-four. Notrequired to attend small pox patients. 26 MUNICIPAL REGISTER. Inspeclor of Milk. Appointment of inspector of milk. SECT. 27. The mayor and aldermen sball annu- ally, on the first Monday of January, or within sixty days thereafter, or whenever the office shall be vacated, appoint an inspector of milk, who shall be removable at the pleasure of the mayor and aldermen. Shall be sworn. SECT. 28. He shall be sworn to the faithful per- formance of his duties, and shall receive such comCompensation. pensation for his services as the city council shall determine, and hold his office until another shall be appointed in his place, unless sooner removed as aforesaid. Duties. SECT. 29. It shall be the duty of the said inspec- tor to give legal notice of his appointment, and to request therein all persons selling milk within the city to conform to all the requirements of the law, and of this ordinance, and to invite all persons knowing of violations of the law relating to the sale of milk to report the same to him; to prosecute before the proper tribunal, all such violations as shall come to his knowledge; and to keep proper books of account and record of all matters appertaining to his office, which said books shall always be open to the inspection of the mayor and each of the aldermen, and shall be transmitted to his successor in office. 27 ORDINANCES. Sealer of Weights and Measures. SECT. 30. The mayor and aldermen shall annu- ally appoint a sealer of weights and measures, who Appointment of sealer of weights and measures. shall serve for one year, and until a successor shall be appointed and qualified in his stead. SECT. 31. He shall have all the powers and Duties. perform all the duties provided by the laws of the Commonwealth, relative to the sealing of weights and measures. SECT. 32. The sealer of weights and measures, Compensation. in compensation for the performance of the duties prescribed by the laws of the Commonwealth, shall receive such compensation as the city council may determine. Election of Other City Officers. SECT. 33. The city council, upon the appoint- ment by the mayor, shall annually elect the following officers by concurrent vote, who shall continue in office until their successors are chosen, to wit: Field drivers, fence viewers, surveyors of lumber, measurers of wood and bark, weighers of hay, weighers of coal, gaugers of oil, pound keepers, and such other officers as the laws of the Commonwealth or the ordinances of the city require, except such as are otherwise provided for. Officers nominated by the mayor. 28 MUNICIPAL REGISTER. Removals from Office. Method of procedure in cases of removal of officers. SECT. 34. The method of procedure in the removal of officers removable by the city council shall be as follows: The petition, order or other paper asking for such removal, or containing charges or enquiries against any officer, shall be referred to a joint special committee, consisting of two aldermen and five members of the common council. The committee shall give a hearing forthwith to all parties interested. They shall report to the branch of the government in which the proceedings originated. Further proceedings. SECT. 35. A convention, or meeting of each branch of the city council, as may be required, shall be held within one month after the receipt of such report, for its consideration and determination. No testimony shall be heard in convention or in such meeting. CHAPTER V. RELATING TO THE CITY SEAL. SECTION I. Description of SECTION I. Device of the city seal. The design hereto annexed shall be seal. the device of the seal of the city of Gloucester, as ORDINANCES. 2 29 follows: A representation of a schooner under sail, with Eastern Point lighthouse in the distance; and in a circle surrounding the same, the words, " City of Glouecester, ]Icorporatedz873." CHAPTER VI. RELATING TO CLAIMS. SECTION SECTION I. Appointment of joint standing coinmittee on claims, 2. Duties of the committee. SECTION I. 3. May settle claims not exceeding $200, if approved by the mayor and city solicitor. There shall be appointed annually, in the month of January, a joint standing committee on claims, consisting of the mayor, one alderman, the president and two members of the common council. The members of said committee shall be Appointment of committee on claims. MUNICIPAL 30 REGISTER. appointed by that branch of the city council to which they respectively belong, according to the rules and orders thereof. Powersof said committee. committee Said committee shall have full power and authority to investigate all claims against the SECT. 2. city, which may be referred to them, except for damages on account of the laying out and widening of streets, and the abatement of nuisances by the board of health; and may take such steps, in consultation with the city solicitor, as they deem expedient for the defence of the city, in any proceeding at law or equity growing out of such claims. May settle claims not exceeding $2oo. Proviso. 3. Said committee are also authorized, with the approval of the mayor and city solicitor, to settle and adjust any such claim which does not exceed, in amount, the sum of two hundred dollars, when in their judgment such action is for the best SECT. interests of the city: provided, that any such action shall be reported to the city council, at its next meeting. ORDINANCES. 31 CHAPTER VII. RELATING TO DEEDS AND OTHER INSTRUMENTS. SECTION SECTION i. Deeds, etc., given by the city to be signed by the mayor and sealed with the city seal. 2. Mayor may discharge mortgages on payment of money due. All deeds, leases, indentures or instruments under seal, that may be given or required to be executed by the city, shall be signed by the mayor for the time being and sealed with the common seal of the city. SECTION I. SECT. 2. Whenever any person, having lawful authority to redeem any estate mortgaged to the city, shall make application to the mayor for such purpose, the mayor shall have the power, on payment of the money due on said mortgage to the treasurer of the city, to discharge, release or assign the same, without liability or recourse to the city, the assent of the aldermen thereto having been had and obtained, and to execute, in behalf of the city, any and all legal instruments that may be necessary for this purpose. Mayor to sign deeds, etc. Mayor to have power to discharge mortgages, etc. 32 MUNICIPAL REGISTER. CHAPTER RELATING Public Statutes adopted. TO ENGINES, Sections SECTION I. VIII. FURNACES AND BOILERS. forty to forty-eight, inclu- sive, of chapter one hundred and two of the Public Statutes, relating to steam engines, furnaces and boilers, are hereby severally adopted. CHAPTER RELATING FINANCE. SECTION SECTION i. Appointment of c o m m it t e e on accounts. 2. Auditor to receive and examine bills against the city. Bills to be approved by chairman of committee, etc. 3. Payment of claims. Money advanced on uncompleted contracts. 4. Exhausted appropriations. 5. Financial year. 6. Committees of aldermen not to make Appointment of committee on accounts. TO IX. SECTION I. contracts exceeding $200, etc., without authority from aldermen. 7. Joint committees not to make contracts exceeding $200, etc., without authority from city council. 8. Officers receiving money to pay the same to city treasurer monthly. 9. Committee on finance to examine city treasurer's books quarterly, and report result to city council. There shall annually be appointed by the city council, a joint standing committee on accounts, whose duty it shall be to meet once a month, and oftener, if deemed expedient. Bills to beexamined by the city auditor. SECT. 2. All debts, claims and demands due from the city to any person or persons shall, before payment, be presented at the office of the city audi- ORDINANCES. tor, who shall receive and examine the same, see that they are correct, and properly vouched for, and separately made out when belonging to different departments. All such debts, claims or demands must be approved by the chairman of the board of 33 Bills must be approved by chairman, etc. the city charged with the expenditure of the money, or by the chairman of the committee authorized to make any contracts in behalf of the city, or by the chief engineer of the fire department, or such other officer of the city as may have authority to contract any bills in behalf of the city. SECT. 3. It shall be the duty of the auditor to submit all demands approved as in section second Auditor to submit demands to committee on accounts. to the joint standing committee on accounts, at their regular monthly meeting, and, when allowed by them, the auditor shall charge the same to the account of the several appropriations to which they belong, shall make a complete list thereof, certifying that the mayor is authorized to draw his warrant on the treasurer accordingly, and shall transmit the same to the city treasurer, with a draft on him for the gross amount thereof, signed by the mayor and countersigned by the auditor, and the treasurer shall thereupon pay the several claims included in such list. Provided, however, that in any case where it is necessary for money to be paid in advance for contracts made, or work begun but not Proviso. MUNICIPAL 34 REGISTER. completed, the mayor, upon being satisfied of such necessity, when requested by the committee having the matter in charge, may draw his warrant on the city treasurer for the amount required to be advanced, said draft to be countersigned by the auditor, and charged by him to the proper person and accounts. Exhausted appropriations. Whenever any appropriation shall beSECT. 4. come exhausted, the city auditor shall report the appropriations. same to the city council; and the committee on accounts shall not approve any bills chargeable to such appropriation, until the means of paying the same shall have been provided by the city council. Fina cialyear. Limitation of expenditures by committees of aldermen. 5. The financial year shall begin on the first day of December in each year, and end on the thirtieth day of the following November, including both days. SECT. 6. No standing or special committee of the board of aldermen shall make any contract exceeding the sum of two hundred dollars, or expend SECT. a sum exceeding said amount on any one piece of work, from any appropriation which it has in charge, unless authority for such contract or expenditure is first obtained from the board of aldermen. SECT. 7. No joint standing or special committee ORDINANCES. of the city council shall make any contract exceeding the sum of two hundred dollars, or expend a 35 Limitation of expenditures byjointcommittees. sum exceeding said amount on any one piece of work, from any appropriation which it has in charge, unless authority for such contract or expenditure is first obtained from the city council. 8. The city clerk, the city marshal, the secretary of the board of overseers, or any other SECT. Officers to pay money collected to treasurer officer of the city, shall respectively pay over to the city treasurer, as often as once a month, all moneys belonging to the city which they have received. SECT. 9. The committee on finance shall, quar- terly, at least, examine, or cause to be examined, the books of the city treasurer, and they shall report the result of their examinations to the city council. Committee on finance to examine treasurer's books monthly. MUNICIPAL REGISTER. 36 CHAPTER RELATING TO THE FIRE PREVENTION SECTION SECTION DEPARTMENT OF AND THE FIRES. SECTION i. Fire department, how constituted. 2. Organization of board of engineers. Clerk. General powers and duties of board. Board may make rules and regulations. 3. Powers and duties of chief engineer. 4. In absence of chief, senior engineer to have powers. 5. Chief engineer to keep company rolls, and report list of members, condition of the department and losses by fire annually. 6. Engineers to examine and keep apparatus in repair. Proviso. Construction, etc., of buildings to be under control of joint standing committee on fire department. 7. Engineers to keep reservoirs filled with water. 8. Companies, how constituted. Proviso. 9. Qualifications of members. io. Members removing from city to be discharged. Ii. Members to remain in same company as appointed until transferred or discharged. Board of engineers to make transfers. 12. Badges. 13. Absence from fires or violation of ordinance cause for discharge. 14. Members guilty of neglect of duty, disorderly conduct or disobedience of orders to be suspended or expelled. 15. Removals from the department. 16. Re-instatements. Fire department, how constituted. X. I. 17. Constitution and by-laws of companies. Officers. 18. No company to attend fire out of the city, except by order. 19. Duties of foremen, hosemen and stewards. 20. General regulations in case of fire. Proviso. 21. Horses to be under control of the committee on fire department. Proviso. 22. Tearing down of buildings to stay progress of fire. 23. Firewards. 24. Citizens to obey orders of engineers at fires. 25. Use of engine houses. 26. Boys not allowed in houses or about apparatus. 27. Gambling, etc., prohibited in engine houses. 28. Compensation. 29. False alarms. 30. Pay-rolls. Examination of rolls. 31. Engineers to examine shops containing combustible material, and order its removal, if deemed dangerous. Penalty. Steam engines. Dangerous buildings. Defective chimneys, etc. Penalty. 32. Statutes adopted. 33. Defective chimneys, etc. 34. Bonfires. Proviso. 35. Ashes not to be kept in wooden vessels. 36. Fire carried through streets to be covered. The fire department shall consist of a chief engineer and six assistant engineers, and as many engine, hose, and hook and ladder companies as the city council shall from time to time deem expedient. 37 ORDINANCES. SECT. 2. The engineers shall meet as soon after their election as convenient, and organize themselves into a board of engineers, a majority of whom shall form a quorum, and of which, in the absence of the chief engineer, the senior engineer in rank present shall be the presiding officer. They shall appoint a secretary, who shall receive such salary Organization of board of engineers. Secretary. as the city council may from time to time deterThe board of engineers shall be responsible General powers and duties of to the city council for the discipline, good order board. mine. and proper conduct of the officers and men constituting the department, and for the good condition of all houses, reservoirs, hydrants, wells, engines, hose, hose carriages, hooks and ladders, trucks, and all apparatus and furniture thereto belonging and connected with the department. They shall have the superintendence and, under the direction of the joint standing committee on fire department, the control of the several houses used for the department, of the furniture therein, and of the engines and apparatus, as well as any other property properly appertaining to the department. They may make Board may make rules and such rules and regulations for the government of regulations. the department, and for the extinguishment of fires, as they may from time to time deem expedient, the same being subject to the approval of the city council. 38 Powers and duties of chief engineer, MUNICIPAL SECT. 3. REGISTER. The chief engineer shall have the sole and absolute control and command over all the other engineers, all members of the department, and over all other persons present at fires. It shall be the duty of the chief engineer to direct all proper measures for the protection of property, the preservation of order, and the stations, arrangement and operations of the several companies of the department and their apparatus, for the effectual extinguishment of fires. In absence of chief, senior engineer to have powers. In case of the absence of the chief engineer, the senior engineer in rank present shall, SECT. 4. during such absence, have and exercise all the power and authority of the chief engineer, and shall perform the duties of his office. The officer in command of the company which first arrives at a fire shall be the officer in command until an engineer is present. Additional duties of chief engineer. It shall be the duty of the chief engineer to keep, or cause to be kept, fair and exact rolls of the respective companies, specifying the name, age, occupation and residence, and the date of admission and discharge, of each member of the department. He shall, in the month of January of each year, report the names of all members belonging to the department to the city council. He SECT. 5. shall keep an accurate account of all property be- ORDINANCES. 39 longing to the department, and shall annually make Shall make to the city council a detailed report of the condition annual report of condition of department, of the fire department, as well as all losses and and statement of fires. accidents by fire that may happen within the city, with the cause thereof, as well as may be ascertained, also the number and description of the buildings and other property destroyed or injured, the amount of insurance thereon, and the names of the owners, the report to be published in such manner as the city council may direct. SECT. 6. It shall be the duty of the board Of Boardtoexamine and keep engineers to examine into the condition of the en-apparatus in repair. gines and all other apparatus as often as circumstances may render it expedient; they shall cause the same to be kept in repair, provided, that such repairs, as well as expenditures incurred relating thereto, and all incidental expenses of the department, shall be under the direction of the joint standing committee on fire department. The construcbelongtion, alteration and repairs of all buildings Proviso. Repairs, etc., of buildings. ing to the department, when authorized by the city council, shall be under the control of the joint standing committee on fire department, unless otherwise ordered. SECT. 7. The board of engineers shall cause the reservoirs to be kept filled with water, and they shall give immediate notice to the joint standing Filling of reservoirs. 40 MUNICIPAL REGISTER. committee on fire department of any defect or want of repair therein. Companies, how consti- tuted. SECT. 8. Each company shall consist of as many men as may be appointed by the mayor and alder- men, on recommendation of the board of engineers: provided, that the number appointed to each steam fire engine shall not exceed ten; the number appointed to each hand engine shall not exceed sixty; the number appointed to each chemical engine shall not exceed ten; the number appointed to each hose carriage shall not exceed seventeen; the number appointed to each hook and ladder truck shall not exceed twenty-five: provided, further, that in addition to such number, every steam fire engine shall have one engineman and one stoker, and all companies whose apparatus is drawn by horses belonging to the city shall have drivers, to be appointed in the manner mentioned above. Qualifications of members and officers, Members removing from discity to charged. be SECT. 9. No person shall be a member of the department who is under the age of eighteen years, and who is not at the time a resident of the city; and no person shall be an officer of the department who is not a citizen of the United States. Any officer or member of the department who shall remove from the city shall thereSECT. 10. upon be discharged from the department by the board of engineers. ORDINANCES. SECT. I I. 41 Every person admitted into the de-Transfer of members. partment shall be and remain a member of the company named in his application, until he shall be transferred into another company or discharged; and no member shall be transferred from one company to another, except by order of the board of engineers. SECT. 12. Every member of the department Badges. shall wear at all fires such badge as the board of engineers shall prescribe, and no person without such badge shall, except by permission of an engineer, enter within the lines formed at any fire. SECT. 13. If any officer or member shall, except Absence from in case of sickness, be absent from more than one-fires. third of the fires, or alarms of fires, occurring during the year, such absences shall be considered good cause for his discharge from the department; and an intentional violation of the provisions of this violation of ordinance. ordinance by any officer or member shall also be good cause for his discharge. shall Neglectofduty, neglect or refuse to perform his duty, or who shall disorderly conduct, etc. SECT. 14. Any officer or member who be guilty of any disorderly conduct or disobedience to any officer or engineer, shall be suspended or expelled from the department by the board of engineers, and such action shall be final, unless the 42 MUNICIPAL REGISTER. same shall be reversed by the city council within thirty days thereafter. Recordtobe kept of removals, etc. Re-instatements. ments. In all cases of removals from office SECT. 15. or from the department by the engineers, the name of the person removed, with a statement of the reasons therefor, shall be entered in the books of the engineers, and a copy of the same shall be transmitted to the city council by the chief engineer, before their next regular meeting. SECT. 16. No officer or member who mayhave been dismissed or removed from the department shall be reinstated therein, except by vote of the board of engineers and approval of the board of aldermen. Constitution and by-laws of companies. SECT. 17. Each of the companies composing the department, respectively, may adopt such constitution, by-laws and regulations for their government, subordinate to the ordinances and orders of the city council and the orders of the board of aldermen, as may be approved by the board of engineers. Each of said companies shall, in the month of January in each year, choose a foreman and assistant foreman, a secretary, and such other officers as they may require in accordance with their respective constitutions, and in the manner there provided. 43 ORDINANCES. SECT. Is8. No company shall leave the city in case of fire in the neighboring cities or towns, Firesoutofthe city. except by order of one of the engineers. SECT. 19. It shall be the duty of the foreman of each company to see that the apparatus committed to their care, and the several buildings in which the same are deposited, and all things in or belonging to the same, are kept clean and in order for immediate use, and report immediately any defect in the same to the chief engineer. It shall be the duty of the hosemen belonging to the department to wash and dry all the hose under their charge; and the stewards shall cause the snow to be cleared from the sidewalk and driveway connected with the houses under their charge. It shall also be the duty of the foremen of the several com- Duties of company officers. panies to preserve order and discipline at all times in their respective companies, and require and enforce a compliance with the ordinances and orders, the rules and regulations of the department, and the orders of the chief and assistant engineers. They shall forthwith report in writing to the board of engineers the name of any member or members who shall be guilty of a neglect of duty or a disobedience of orders. They shall keep, or cause to be kept by the clerk of their respective companies, a fair and exact roll of the companies under their 44 MUNICIPAL REGISTER. charge, specifying the time of admission and discharge of each member, together with the age, residence and occupation of the same, and a record of all the city property intrusted to their care, in a book or books provided for that purpose at the expense of the city, which rolls and record books shall at all times be subject to the inspection of the board of engineers. They shall also make, or cause to be made, to the chief engineer, true and accurate returns of all members, with their ages, residences and occupations, and the condition of the apparatus intrusted to their care, whenever called upon to do so. General regulations in case of fire. SECT. 20. It shall be the duty of the officers and members of the several companies, upon an alarm of fire, to immediately repair to their respective apparatus and convey the same in a speedy and orderly manner to or near the place where the fire may be, and, in conformity to the direction of the chief or assistant engineers, to exert themselves in the most orderly manner possible in managing their apparatus, and in performing every duty required of them by the chief or assistant engineers. Every company present at a fire must remain on duty until dismissed by the chief or other engineer, when they shall, in an orderly and quiet manner, without any outcries, return said apparatus to their 45 ORDINANCES. respective places of deposit: provided, that in the absence of all the engineers, such permission may be given by their respective foremen. SECT. 21. Proviso. All horses used in the fire depart- Horses. ment and owned by the city shall be under the control of the committee on fire department, and be kept in readiness to respond to an alarm of fire at all times; provided, however, that such horses may be used for work upon the highways, under the direction of the superintendent of highways, the use of such horses to be confined to such limits as the committee on fire department shall direct. Whenever it shall be determined at Demolishing buildings to any fire by any three or more of the engineers, of stop fire. whom the chief shall be one, or, in his absence, the senior engineer in rank present, to be necessary to pull down or demolish any building in order to prevent the spreading of fire, the same may be done by their joint order. SECT. 22. SECT. 23. The board of engineers are hereby Firewards. constituted firewards of the city under the statutes made and provided. SECT. 24. All persons not members of the de- partment shall obey the orders and directions of any engineer given at a fire, and to render their Citizenstoobey orders of engineers at fires. 46 MUNICIPAL REGISTER. services, if ordered so to do by any engineer. Any person who shall violate any provision of this section shall be liable to a fine not exceeding ten dollars. Use of engine SECT. 25. The houses occupied by the several houses. companies shall be for the use of the members of the company only; the doors shall be closed at all times except for ingress and egress, and the congregating upon the sidewalk in front of the houses is strictly prohibited, and the foreman of each company is hereby enjoined to enforce the provisions of this section. Boys notallowed in houses or aboutapparatus. No boys shall be allowed in any house occupied .by the department, neither shall SECT. 26. they be allowed to have any access whatever to the apparatus, or be allowed upon the rope in going to or returning from fires or alarms. The officers of the several companies will be held accountable for any violation of this section. Gambling, etc., forbidden in engine houses. No gambling shall be allowed in any building occupied by any company in the fire department, nor shall spirituous liquors be used SECT. 27. therein. Compensation. SECT. 28. The compensation of the officers and members of the fire department shall be such as 47 ORDINANCES. the city council shall annually determine, and they shall be exempt from duty as jurors. SECT. 29. Any person intentionally raising a False alarms. false alarm of fire shall be prosecuted according to law. SECT. 30. The chief engineer shall, during the Payrolls. month of November in each year, prepare the payroll of all persons employed in the department, and present the same to the committee on fire department, who shall examine and certify to said payroll, if found correct, and it shall then be presented to the auditor. The clerk of each company shall, during the month of November in each year, make a roll, the blanks for which shall be furnished by the board of engineers, bearing the full name, age, occupation, and residence of every member of said company, specifying also the number of times the company has been called out, and the attendance of the members respectively, to which shall be appended the following certificate, viz.: We, the undersigned, do hereby certify that, Form according to the best of our knowledge and belief,cate. the foregoing persons are members of company, and that said company has consisted of members during the last year; that during that time they have resided in Gloucester, have per- of certifi- 48 MUNICIPAL REGISTER. formed all the duty incumbent upon them as firemen, have been present at every turn-out of the company, or duly excused for non-attendance, and are entitled to all the privileges and pay of firemen. Said certificate shall be signed by the foreman and clerk respectively, and immediately delivered to the chief engineer; and if the foreman or clerk, or either of them, shall make, or cause to be made, a fraudulent return, he or they shall be expelled from the department by the board of engineers. On the receipt of these rollsby the chief engineer, the board of engineers shall meet and examine the same, and the chief engineer shall present the same, together with the pay roll of each company, to the committee on fire department, who shall examine and certify to said pay rolls, if found correct, and they shall then be presented to the auditor. Engineers to examine dan- gerous places. 31. The board of engineers shall examine into all shops and other places where shavings or SECT. other combustible materials may be deposited or collected, and at all times be vigilant in the removal of the same, whenever, in the opinion of any three of them, the same may be dangerous to the security of the city from fires, and direct the owner, tenant or occupant of said shop or other places to remove the same, and in case such owner, tenant ORDINANCES. or occupant refuses or neglects so to do, to cause the same to be removed at the expense of such owner, tenant or occupant, who shall in addition be liable to a penalty not exceeding twenty dollars for such neglect or refusal. It shall also be the duty of said engineers to take cognizance of all buildings in the city in which any steam engine shall be used, and of all buildings in the city in process of erection or alteration, and to make a record of such thereof as, in their judgment, may from any cause be dangerous, and report the same to the board of aldermen forthwith, and whenever in the opinion of any three of the board of engineers, any chimney, hearth, oven, stove, stovepipe, fire-frame or other fixture, or any camphene or other explosive or inflammable fluid or material, or whatever 49 Steam engines, etc. else may give just cause for alarm, should be altered, repaired or removed, the said engineers shall forthwith notify and direct the owner, tenant or occupant of the premises upon which the same are situated, to alter, repair or remove the same, as the said engineers shall direct, and, in case such tenant, owner or occupant shall refuse or neglect so to do, the said engineers shall cause the same to be removed, altered or repaired, at the expense of such owner, tenant or occupant, who shall also be liable to a penalty not exceeding twenty dollars for such neglect or refusal; and any Penalty. MUNICIPAL 50 REGISTER. person who shall obstruct the engineers, or any of them, in carrying out the provisions of this section, shall be liable to a penalty not exceeding twenty dollars. SECT. 32. Statutes adopted. adopted. Sections one to twelve, inclusive,"of chapter one hundred and four of the Public Stat- utes, are hereby adopted. Defective chimneys, etc. etc. chimneys, SECT. 33. No person within the limits of the ity shall erect or maintain upon his premises, either by himself or another, any defective chimney, hearth, oven, stove, stove-pipe, fire-frame, furnace or other fixtures to be used for like purposes; nor shall keep upon his premises any material which may produce fire by spontaneous combus tion, or engage in manufacturing or selling any articles which, in the opinion of the board of aldermen, shall be deemed dangerous, except in such places and under such conditions as the board of aldermen may permit. Bonfires. Proviso. 34. No person shall make any bonfire, or set on fire any wood, straw, shavings, or other combustible matter, by night or by day, in any street, lane, alley, yard, garden, or in any open place in the city: provided,however, that this shall not prevent any mechanic, or other person, from kindling such fire near his house or shop, at any SECT. 51 ORDINANCES. time during daylight only, as may be absolutely necessary in his occupation, the same to be watched by some suitable person, while it shall continue burning; nor prevent any person from burning the chaff or rubbish in his field or garden, between sunrise and sunset. No person shall keep any ashes in vessels made of wood. SECT. 35. SECT. 36. No person shall carry any fire in or through any street, lane, or other public place, or on any wharf in this city, except in some covered secured vessel. CHAPTER RELATING TO XI. FUNDS. SECTION SECTION HUNTRESS FUND. I. Fund, how constituted. PUBLIC LIBRARY FUND. 2. Fund, how constituted. 3. Trustees; how elected. 4. Care and management of fund. May be expended in purchase of books for public use. 5. Chairman of trustees. Records. Annual report. SANDERS how TEMPERANCE constituted. 6. Fund, to be applied, FUND. Income, how 7. Trustees, how elected. 8. Care and management of fund. Trustees to appoint man, etc. 9. Chairman of trustees. Records. Annual report. TUFTS CHARITY FUND. o10. how constituted. Fund, To be applied to relief of poor. II. Trustees; how elected. 12. Care and management of fund. 13. Chairman of trustees. Records. Annual report. Ashes. Fire in streets. 52 MUNICIPAL REGISTER. Huntress Fund. Huntress Fund, how constituted. The fund given to the city by the late Joseph F. Huntress, of Boston, together with SECTION I. the accumulated interest thereon, shall be called the Huntress Fund. Public Library Fund. Public Library Fund, how constituted. The sum of two thousand five hundred and seventy dollars and thirty-six cents, appropriated by the town of Gloucester, together with the interest accumulating thereon, and any SECT. 2. contributions made thereto, shall be called the Public Library Fund. Trustees, how elected. SECT. 3. The mayor and president of the corn- mon council, ex ofjciis, and one member of the board of aldermen and two members of the common council, shall be the trustees of said fund, and the three last named shall be elected annually in the month of January, by the city council in convention; and whenever a vacancy shall occur, it shall be filled forthwith in manner aforesaid. Duties. SECT. 4. Said trustees shall have the care and management of said fund, and shall keep the same invested in notes of the city, and, whenever it may be deemed expedient by the city council, the said fund, or a portion of it, or the interest thereon, may 53 ORDINANCES. be applied to the purchase of books for public use, under the direction of the city council. SECT. 5. The mayor shall be, ex oficio, chair- man of the board of trustees, and said board shall keep a record of its doings, and annually, at the close of each financial year, make a report thereof to the city council. Sanders Temperance SECT. 6. The fund Chairman. Annual report. Fund. of ten thousand dollars Sanders Temperance Fund, given to the city by the late Charles Sanders, of howconstited. Cambridge, shall be called the Sanders Temperance Fund, and the income therefrom shall be appropriated and applied in accordance with his will, in payment of the salary of "some worthy man," who shall Th"be constantly employed as a missionary in the cause of temperance, in reforming old drunkards, and preventing young drunkards, and abolishing, as far as possible, the use of all intoxicating articles." SECT. 7. The mayor and president of the com- and one mon council for the time being, ex offciis, member of the board of aldermen and two members of the common council, shall be the trustees of said fund, and the three last named shall be elected annually in the month of January, by the Trustees, how elected. 54 MUNICIPAL REGISTER. city council in convention; and whenever a vacancy shall exist in said board of trustees, the same shall be filled forthwith in manner aforesaid. Duties. Chairman. Annual report. SECT. 8. The trustees shall have the care and management of said fund, and shall keep the same invested in notes of the city, to be renewed yearly, with interest payable quarterly to the order of said trustees; and they shall appoint some worthy man to be employed in the manner above provided, who shall receive his salary in equal quarterly payments from said trustees, and shall hold his office at their pleasure. SECT. 9. The mayor shall be, ex oficio, chairman of said board of trustees, and they shall keep a record of their doings, and annually, at the close of each financial year, make a report thereof to the city council. Tufts Clarity Fund. Tufts Charity Fund, how constituted. SECT. 10. The fund of two hundred dollars given to the city by the late Mrs. Susan Tufts, together with the accumulated interest thereon, shall be called the Tufts Charity Fund, and such portion of said fund shall be annually appropriated and applied, in accordance with her will, to the relief of the poor of said city, as the city council shall order. ORDINANCES. SECT. I I. The mayor and president of the com- 55 Trustees, how elected. mon council, ex oJciis, and one member of the board of aldermen and two members of the common council, shall be trustees of said fund, and the three last named shall be elected annually in the month of January, by the city council in convention; and whenever a vacancy shall occur, it shall be filled forthwith in manner aforesaid. SECT. 12. Said trustees shall have the care and Duties. management of said fund, and shall keep the same invested in notes of the city. SECT. 13. The mayor shall be, ex oficio, chair-Chairman. man of the board of trustees, and they shall keep a record of their doings, and annually, at the close of each financial year, make a report thereof to the city council. CHAPTER RELATING SECTION I. Board of health, how constituted. Compensation. 2. Organization of board. Clerk. Rules and regulations. Meetings. 3. Powers of board of health. Proviso. XII. TO HEALTH. SECTION 4. May call upon city marshal, etc., for assistance. 5. To make annual report, etc. Estimate of expenditures. In the month of January in each year, the mayor shall appoint, subject to the apSECTION I. Annual report. Board of health, how constituted. 56 MUNICIPAL REGISTER. proval of the city council, two persons, not members of the city council, who, together with the city physician, shall constitute the board of health of the city of Gloucester. The persons so appointed shall enter upon the duties of their office forthwith, shall be sworn to a faithful performance of said duties, and for their services, they shall receive such Compensation. compensation as the city council may from time to time determine. Organization, SECT. 2. The board of health shall organize annually by the choice of one of their number as chairman, and shall also choose a clerk, not a member of the board, and may make such rules and regulations for their own government, and for the government of all subordinate officers in their department, as they may deem expedient. The board shall meet once each month, and as much oftener as may be required. They shall keep a record of their proceedings, which record shall at all times be open to the inspection of any member or committee of the city council. General powers SECT. and duties. the 3. Said board shall have and exercise all power and authority vested in the city council, relative to the public health and quarantine of vessels. They may make such rules and regulations relative to the quarantine of vessels, the causes of sickness, nuisances and sources of filth that may be 57 ORDINANCES. injurious to health, or may affect the comfort of the inhabitants of the city, existing within the limits thereof, as they may deem necessary, with power to cause all such causes of sickness, nuisances and sources of filth, to be prevented, removed or destroyed, as the case may require. Said board may fix the compensation of their clerk and of all persons whom they may employ: provided, that the Proviso. amount of such compensation shall not exceed the sum appropriated therefor by the city council. SECT. 4. Said board is authorized to call upon the city marshal, for such assistance as may be needed from time to time from the police department, in carrying out the orders of the board; also, upon the city physician and city solicitor, for such advice and assistance as those officers may be able to render. SECT. 5. Said board shall, whenever requested by the city council, furnish a report of their proceedings and a detailed statement of their expenses, and annually, at the close of the municipal year, present to the city council a report containing a full and comprehensive statement of the acts of the board during said year, and a review of the sanitary condition of the city; and shall furnish to the committee on finance and appropriations when May call on city marshal, etc., or assistance. Annual report. Shall furnish estimate of appropriationto committee on finance. MUNICIPAL REGISTER. required, an estimate in detail of the annual appropriation required by their department. CHAPTER RELATING TO XIII. HIGHWAYS AND SIDEWALKS. SECTION SECTION I. No street to be laid out less than forty feet wide, unless, etc. Petitions for laying out, etc., how presented. 2. Duty of committee on highways on such petitions. Proviso. 3. Further action on such petitions. 4. City clerk to keep record of streets. 5. Duties of superintendent of highways. 6. Unsafe streets to be enclosed by fence and lighted. 7. Superintendent to make out bills for property sold, etc., and deliver them to city treasurer for collection. 8. Superintendent to prepare pay-rolls, etc. 9. Digging of streets, etc., prohibited unless license is obtained. io. Notice required before erection or repairing building. Rubbish to be removed. II. Obstructions in streets to be fenced and lighted. 12. Gates, etc., not to swing into street Grates, etc., without permission. not to project above sidewalk. Wells, etc., to be enclosed if open. 13. Cellars, etc., to be railed. 14. Fuel, etc., not to remain on sidewalk over night. Playing ball, throwing missiles and coasting in streets prohibited. 15. Cattle not to pasture in streets. 16. Vehicles not to stand so as to obstruct street. 17. Carts, etc., not allowed on sidewalks. 18. City marshal to assign stands for hacks, job wagons, etc. Owners of vehicles not to 'allow them to stand at other places. 19. Rate of travel in streets. 20. Height of awnings, etc. Posts not to be erected without permit. 21. No signs to be suspended over sidewalks, etc., without permission of aldermen. 22. Games of chance, etc., in streets prohibited. Fruit stands, etc., to be licensed. 23. Making indecent figures, frightening of horses, disorderly behavior, and using profane language in streets, or remaining on sidewalks prohibited. 24. No excavation for coal holes, etc., to be made without license. Same to be kept closed. 25. Injury to street signs, etc., prohibited. Superintendent of highways to report injury to mayor or city marshal. 26. Horses not to be fastened to trees, nor near the same unless, etc. 27. Bathing in nude state in view of any house or street prohibited. 28. Discharge of fire-arms, squibs, crackers, etc. 29. Offal, etc., not to be put on sidewalk. 30. Removal of snow from sidewalks. 31. Sidewalks covered with ice. 32. City clerk to keep record of sidewalks, etc. 33. Penalty. 34. Watering streets. 35. Sidewalks not to be obstructed for more than fifteen minutes. Proviso. 36. Persons not to stand in group on sidewalk, so as to obstruct passage. 37. No person to habitually stand upon sidewalk, so as to obstruct the same. 38. No person to obstruct doorsteps or passages. 39. Betterments. 40. Statutes adopted. 41. Names of streets. 59 ORDINANCES. SECTION I. No street or highway shall be laid Width of streets. out and accepted by the city that is less than forty feet wide, unless such street or way shall have been opened or built upon previous to the year eighteen hundred and seventy-three. All petitions Petitions. for laying out, widening, altering or discontinuing any street or way must first be presented to the board of aldermen, and afterwards to the common council, and by them referred to the joint standing committee on highways. SECT.t 2. It shall be the duty of the joint stand- Committee on highways to give notice of hearing. ing committee on highways, on receiving any and all such petitions, or when any order is referred to them which has in view the laying out, widening, altering or discontinuing any street or way, to give a written or printed notice, seven days at least before the hearing in relation thereto, in the manner prescribed by law, of the intention of the city council to act upon such laying out, widening, altering or discontinuing, and they shall in such notice appoint a time and place for hearing all persons and corporations interested therein: provided, Proviso. howezver, that when any such petition or order is referred to them as aforesaid, said committee, after considering the matter, may report leave to withdraw, or postponement of the matter, or inexpedient to take further action in the premises, without 6o MUNICIPAL REGISTER. further proceedings in regard to such petition or order. Parties interested to be heard. Committee to view premises when requested, and report to city council. What report shall contain. 3. At the time and place appointed in such notice, the said committee shall meet and SECT. hear all parties interested who shall claim to be heard, and if requested by any party interested, or the said committee shall deem it expedient, shall view the premises, and report to the city council whether the common convenience and necessity require that such street or way should be laid out, altered, widened or discontinued, and in case they report that the same ought to be laid out, widened, altered or discontinued, they shall cause the admeasurements and boundaries of the street or way, as proposed to be laid out, widened, altered or discontinued, to be distinctly marked out on the premises, and also described in their report, which shall be accompanied by a plan made by the city engineer, showing the grade and location of such alterations, and said report shall also specify the manner in which said laying out, widening, altering or discontinuing shall be completed, and shall also report the names of the owners of all lands included therein and in any wise sustaining damage by the laying out, widening, altering or discontinuing such street as proposed, with the amount of damage proper and reasonable to be awarded to each of ORDINANCES. said owners, and the names of all persons, if any, who may have claimed before said committee a hearing in relation thereto. After said report shall Report, iffavorable, to remain have been made to the city council, if the same seven daysin city clerk's shall be in favor of laying out, widening, altering office before action is taken or discontinuing the street or way in question, itthereon. shall remain in the city clerk's office for the term of seven days, at least, before the city council shall proceed to act thereon, and the report shall be first taken up and acted upon by the board of aldermen. After said report shall have been lodged in the city clerk's office as aforesaid, the city council shall direct at what meeting they will proceed to act upon the subject-matter of the report, and the city clerk, in the manner prescribed by law, shall give notice, seven days, at least, previously thereto, of the intention of the city council at said meeting Board of aldermen to first act thereon. City clerk to give notice of hearing by city council. to lay out, widen, alter or discontinue such street or way. The city clerk shall keep a book, in which the names of all the streets and ways, which SECT. 4. now are, or may hereafter be, laid out and accepted in the city, shall be alphabetically arranged, and the date of such laying out and acceptance stated, together with the width of such streets and ways, and all alterations made therein from time to time by the city council. City clerk to keep record of streets. 62 Duties of superintendent of highways. MUNICIPAL REGISTER. SECT. 5. The superintendent of highways shall, under the direction of the joint standing committee on highways, have the general care and charge of the highways, streets, lanes, squares, sidewalks and bridges of the city, and shall attend to the making, improving and alteration thereof, and shall cause the same to be kept in good repair so as to be safe and convenient for travellers. He shall see that all obstructions and nuisances therein are forthwith removed, or give notice to the mayor or city marshal. He shall, under the direction of said joint standing committee on highways, make all necessary contracts for the supply of labor or material which he may require in the discharge of his official duty, and also perform such further duties as may be required by any ordinance of the city or order of the city council, and he shall, when directed by the committee on public property, repair the grounds of the several school houses and public buildings. Unsafe streets to be fenced and lighted, SECT. 6. Whenever any street or bridge of the city shall from any cause be unsafe for travel, the said superintendent shall forthwith put up a suitable fence across such street or bridge, and exclude travellers from passing the same, or cause such parts thereof as are unsafe to be enclosed by a sufficient fence, and he shall keep one or more 63 ORDINANCES. lighted lanterns about the place every night so long as said fence shall be kept standing. SECT. 7. VWhenever the said superintendent shall sell any property belonging to the city, or shall do, or cause to be done, any work for any individual for which money may become due to the Superintendent to deliver bills for property sold, etc., to city treasurer for collection. city, he shall enter, in books to be kept for that purpose, all such sales and work done, with the price thereof, and shall make out bills for the same and deliver them to the city treasurer for collection, and the treasurer shall forthwith demand payment of said bills. In case any bills or dues under this chapter shall remain unpaid at the expiration of three months after demand of payment as aforesaid, the treasurer shall cause the same to be collected by proper legal process, and this he may do at any time before the expiration of said three months, if, in his discretion, the interests of the city so require. SECT. 8. The said superintendent shall, on the Superintendent to prepare last day of every month, prepare a pay-roll for monthly pay- by him, designa-roll. labor or materials contracted for ting the ward and street where the labor is done, the hours or days, with the rate of wages, date of bills, and items of material, and present the same with the bills to the committee on highways, who shall examine and certify to said pay-roll, if found 64 MUNICIPAL REGISTER. correct, and it shall then be presented to the auditor. Persons notto dig up streets without permit. No person shall dig or break up any part of any street in the city without a written perSECT. 9. mit from some member of the committee on highways or the superintendent of highways, or erect any building on any street or place, or deposit any building materials thereon, without first obtaining a written license from the board of aldermen, and complying in all respects with the conditions of such license. Authority to use street or sidewalk for building purposes. SECT. IO. Every person intending to erect or to repair any building abutting on any street in the city shall make the same known to the board of aldermen, who shall have power and authority to allot such portion of any street thereto adjoining as they, or some person duly authorized by them, Rubbish, etc., to be removed. shall deem expedient and necessary. All rubbish or other substance arising therefrom or thereby shall be immediately removed by the person or persons so building or repairing, and in case of neglect or refusal to do so, the superintendent of highways shall cause it to be removed at the expense of the person or persons so building or repairing as aforesaid. SECT. I I. Whenever any street in the city shall, 65 ORDINANCES. under any license obtained as provided under the preceding sections, be obstructed or otherwise ren- Obstructions in streets to be fenced and lighted. dered unsafe for travel, the person so licensed shall keep a suitable railing or fence, sufficiently lighted every night, around the section or part of any street obstructed, so long as said obstruction continues. He shall also, within such reasonable time as the board of aldermen direct, repair such street to their acceptance. SECT. 12. No person shall make or maintain any gate, doorstep, portico, porch, entrance or pas- Gates, etc., not to swing into streetwithout permission. sage-way to any cellar or basement, or any other structure, projecting or swinging into or upon any street or sidewalk in the city, without permission from the board of aldermen. No person shall suffer the platform or grate of the entrance to his cellar or basement, in any street or sidewalk, to rise Grates, etc., not to project above sidewalk. above the surface thereof, and every such entrance or passage-way shall at all times be kept covered by a suitable and substantial platform or grate, unless authorized to be kept open by the board of aldermen, and in case it shall be kept open, it shall be protected by a sufficient railing on both sides thereof, at least two feet and a half high. No per- son shall suffer his well, cistern or drain, in any wells, street or sidewalk, to remain open and uncovered,be unless the same shall be enclosed by a strong and safe curb, guard or fence, etc., enclosed. to 66 MUNICIPAL Cellars, etc.,to be railed. If any person shall dig any cellar or other cavity in the ground near to or adjoining any street, he shall, so long as is necessary for the purpose, keep a railing or fence on or near the line of such street, sufficient to protect travellers from falling into the place so dug, or being injured thereby. Fuel, etc.,not to remain on sidewalk SECT. 13. REGISTER. over SECT. 14. No person shall suffer his fuel, dirt, ashes or other rubbish to remain on any sidewalk night. or any street over night, or in any manner obstruct Playing ball, throwing stones and coasting in streets prohibited. any sidewalk, street or street crossing; or play at any game of ball or foot-ball, or throw any stones, snow-balls or other missiles within any street of the city, or course or coast in the streets or upon the sidewalks, with hand-sleds or otherwise. Cattlenotto pasture in streets. Carriages not to stand so as to obstruct streets. SECT. 15. No person owning or having the control of cattle or other animals shall permit or suffer such cattle or other animals to pasture upon any street or way in the city of Gloucester, either with or without a keeper, except within the limits of such way adjoining his own premises. 16. No person shall stand, without permit, any carriage or other vehicle of any description, under his care or control, with or without horses or other animals attached thereto, in any SECT. street or way, so as to obstruct the same, after having been ordered by the mayor or city marshal ORDINANCES. 67 or any one authorized by the city to remove the same. SECT. 17. No person shall drive, wheel, draw or propel any cart, barrow, sled, or any such vehicle, or ride any bicycle or similar carriage, on any sidewalk of this city, except children's carriages drawn by hand, nor permit any horse or other draught animal or any cow to pass thereon while under his care. SECT. 18. The city marshal, under the direc- tion of the mayor and aldermen, shall have authority to assign stands for hacks, job wagons, carts, sleds and other vehicles used for hire, at such places upon the streets, squares and other public places in the city as will not unreasonably interfere with the convenience of the public. No person owning or having the care of any such vehicles, shall allow them to stand while awaiting employment at any other places, except those assigned as Novehicles except children's carriages allowed on sidewalks. Stands to be assigned for hacks, job wagons, etc. herein provided. SECT. 19. No person shall ride in any carriage, Rate of travel orin streets. or drive any horse or horses, in any highway street in said city, at a rate of speed exceeding eight miles per hour, nor in such manner as to endanger or unreasonably incommode passengers therein. 68 MUNICIPAL Heightof awnings, etc. SECT. 20. REGISTER. No person shall place over any side- walk, in front of any building, any awning or shade less than eight feet in height at the lowest part thereof, nor shall such awning or shade extend beyond the line of the sidewalk. No person shall place, or cause to be placed, suspend, or cause to be suspended, or maintain, over any sidewalk or foot-way in front of any building or place of business in the city, any goods, wares, merchandise or sign, at a less height than eight feet at the lowest part thereof from said sidewalk or foot-way, nor shall said goods, wares, merchandise or sign extend beyond the line of the sidewalk or footway; and no person shall erect any post in any street or sidewalk, for the support of any awning, or for any other purpose, except by the license of the board of aldermen. Swinging signs. SECT. 21. No person shall place, or caused to be placed, suspend, or cause to be suspended, or maintain, over any sidewalk, street or highway in the city, any swinging sign, unless by permission of the board of aldermen. Games of chance, etc.,in streets ited. prohib- No person shall expose, in or upon SECT. 22. any street, any table or device of any kind, by or upon which any game of chance or hazard can be played, nor shall any person play any such game or device in or upon any street in the city; and no ORDINANCES. 69 person shall keep or place any table, booth, stall or other erection, or any carriage, in any street in Fruit stands, etc., to be licensed. the city for the sale of fruit or other things, without permission first obtained of the board of aldermen. SECT. 23. No person shall make any indecent Fences, figure, or write any indecent or obscene words etc., not to be defaced. upon, or mar, disfigure or deface any fence, building or other public place within the city; nor shall any person by any noise, gesture or other means, wantonly and designedly frighten any horse or Frightening horses. horses in any street in the city; and no person shall behave himself in a rude or disorderly man- Disorderly conduct. ner, or use any indecent, profane or insulting lan- Profane language. guage in any street, lane, alley or public place within the city, or near any dwelling house or other building therein, or be or remain upon any sidewalk, or upon any doorstep, portico or other projection from any such house or other building, to the annoyance or disturbance of any person. SECT. 24. No person shall make, or cause to be made, any aperture in or under any street or sidewalk, for the purpose of constructing coal holes, or receptacles for any other articles, or for light and air, or for any other purpose, without the license of the board of aldermen, and no person shall leave such coal hole or aperture open or un- fastened, except while actually in use. Coal holes, etc., not to be made in sidewalk without permit. 70 Injury to street signs, etc., prohibited. Superintendent of highways to report injury to mavor or city marshal. Horses not to be tied to trees, rees et . MUNICIPAL REGISTER. No person shall injure, deface or destroy any street sign, guide-board or lamp post, or lamp or lantern thereon, nor any tree, building, fence post or other thing set, erected or made for use or ornament of the city; and it shall be made the duty of the superintendent of highways to take cognizance of any injury, which may come to his knowledge, to any of the property herein mentioned, and report the same immediately to the mayor or city marshal. SECT. 25. SECT. 26. No person shall fasten or tie any horse to, or suffer or permit any horse over which for the time being he has the charge, care or control, to stand or remain near to and within the reach of any ornamental or shade tree standing or growing in or upon any public street, way, walk, ground or square in said city, unless such tree is protected by a suitable and proper guard in such a manner as to secure it against possible injury from such horse. Bathing in nude state. SECT. 27. No person in a nude state shall swim Or bathe in any of the waters in or surrounding the city, so as to be exposed to the view of other persons in any street or house within the city. Fire-arms, squibs, crackers, etc. SECT. 28. No person shall discharge any fire- arms, or fire any squib, cracker, serpent or other 7l ORDINANCES. preparation whereof gunpowder or nitro-glycerine is an ingredient, or which consists wholly of the same, in or upon any street or wharf within the city, except by the authority of the board of aldermen. SECT. 29. No person shall put, place, or cause offal, to be put or placed, upon any sidewalk or foot-way used as a common thoroughfare, any offal, manure or other offensive matter; nor shall any owner, tenant, occupant, or any other person having the care of any building or lot bordering upon such sidewalk or thoroughfare, suffer or allow any such offal, manure or other offensive matter, to be put or placed upon any such sidewalk. SECT. 30. The tenant, occupant, and in case there shall be no tenant, the owner, agent or person having the care of any building or lot of land bordering on any street within the city, where there is any foot-way or sidewalk duly established, shall, as far as practicable, and to the acceptance of the superintendent of highways, cause the snow to be removed from such foot-way or sidewalk. The provisions of this section shall apply to the falling of snow from any building. SECT. 3 I. Whenever the sidewalk, or any part etc., not to be placed on sidewalks. Removal of snow from sidewalks. Sidewalks covered with thereof, adjoining any building or any lot of land ice to be with ice, itsafe. on any street, shall be encumbered made MUNICIPAL REGISTER. 72 shall be the duty of the occupant, the owner, or any person having the care of such building or lot, to cause such sidewalk to be made safe and convenient, by removing the ice therefrom, or by covering it with sand or other suitable substance, within six hours after it shall become frozen,if in the day time, or if in the night time, before ten o'clock in the forenoon of the day following. Record of sidewalks, etc. sidewalks, etc. The city clerk shall keep a list and SECT. 32. description of all sidewalks, sewers and drains or- dered to be built. Penalty. Watering streets. 33. Any person who shall offend against any of the provisions of this chapter shall be liable to a fine of not less than one dollar nor more than twenty dollars, and a like penalty for every day such offence shall be repeated or continued. SECT. No person shall water any of the SECT. 34. streets of the city, by or with a watering cart, without first having obtained a license therefor from the board of aldermen. Boxes, etc., not to be placed on sidewalk, 35. No person shall place, or cause to be placed, upon any footpath or sidewalk in the SECT. city, any lumber, iron, coal, trunk, bale, box, crate, cask, package, article or thing whatsoever, whether of the same description or not, so as to obstruct a ORDINANCES. 73 free passage for foot passengers for more than fifteen minutes: provided, that nothing contained in this section shall be deemed to extend to such goods, wares or merchandise, as may ir conformity with such rules, regulations and orders, made by the board of aldermen upon the subject, be placed in any street, or public place, for the purpose of being sold at public auction. SECT. 36. Three or more persons shall not stand in a group, or near to each other, on any footpath or sidewalk, in such a manner as to obstruct a free passage for foot passengers; and any person or persons obstructing the footpath or sidewalk shall move on immediately after a request to move on made by the mayor or any police officer. SECT. 37. No person shall habitually stand upon any footpath or sidewalk, or near any footpath Proviso. Persons notto stand in groups on sidewalks. Persons notto obstruct side- walks. or sidewalk, in such a manner as to obstruct the free passage of passengers, or to expose passengers to unnecessary inconvenience or annoyance. SECT. 38. No person shall be or remain upon any doorstep, or other projection, from any dwel- ling-house or other building, so as disturb any person, or shall obstruct to the same, or the appurtenances every person, so being or remaining to annoy or any passage thereof; and as aforesaid, Persons notto obstruct doorsteps. 74 MUNICIPAL REGISTER. when ordered by the mayor or any police officer, or by the owner or occupant of such dwellinghouse or other building, shall immediately peaceably depart and stay away therefrom. Betterments. Sidewalks. The provisions of chapter fifty-one of the Public Statutes, relating to betterments and other assessments on account of the cost of public improvements, are hereby adopted by the city council. SECT. 39. SECT. 40. Sections twenty to twenty-four, in- clusive, of chapter fifty of the Public Statutes, are hereby severally adopted. Names of streets. SECT. 41. The several streets in the city shall continue to be called and known by the names by which they are now known, until the same shall be altered by the city council. ORDINANCES. 75 CHAPTER XIV. RELATING TO LICENSES. SECTION SECTION DEALERS IN JUNK, OLD METALS AND ARTICLES. SECOND-HAND i. Dealers in junk, etc., to be licensed. Fee. 2. Shops may be examined. 3. When purchases may be made. 4. License required to use boats, wagons, etc. Name and number of license to be placed on each boat or vehicle. Separate license required for each boat or vehicle used. License fee. 5. Dealers to keep a book and record description of property purchased, etc. 6. No purchase to be made to minors. Articles purchased not to be sold for one week, unless, etc. 7. Dealers in second-hand books and furniture to be exempt from preced-. ing provisions. Dealers in funk, KEEPERS OF INTELLIGENCE OFFICES. 8. Keepers of intelligence offices to be licensed. PAWNBROKERS. 9. Pawnbrokers to be licensed. io. To keep record of articles in pawn. Book to be open to inspection. II. 12. 13. 14. 15. 16. Not to receive any article in pawn from minors, without written consent of parent or guardian. Licenses to designate place of business. Business not to be conducted elsewhere. Fee. Persons licensed to give bond. Licenses to be issued by city clerk, and expire on first day of May. Revocation of license. All provisions to be expressed in license. Old Metals and Second-Hand Articles. SECTION as dealers in I. Suitable persons may be licensed Dealersin junk, old metals and and keepers of shops for the purchase, second-hand articles to be sale or barter of junk, old metals and secondhand articles; the place of business of each shall be designated, and a sign, having the name and occupation of the dealer legibly inscribed on it in large letters, shall be placed in a conspicuous place on his premises. The fee for such license shall be five dollars, which sum shall be deposited with the city clerk at the time of making application for licensed. 76 MUNICIPAL REGISTER. said license, said sum to be refunded if the license is not granted to the party making the application. Shops maybe examined. SECT. 2. merchandise Every such shop, and all articles of therein, may be examined by the board of aldermen, or by any person by them authorized to make such examination, at all times. When purchases may be made. SECT. 3. No keeper of such shop shall keep his place of business open or make purchase of such articles, except during the hours of daylight. Licenses required to use boats,wagons, etc. SECT. 4. The board of aldermen may license any dealer in junk, old metals or second-hand arti- cles, who has been granted a license as provided in section one of this chapter, to use boats, wagons or other vehicles for the purpose of collecting said articles, and no dealer shall use any boat, wagon or other vehicle for such purpose without a license for such boat, wagon or other vehicle so used. Name of dealer Every dealer so licensed shall have his name and to be placed on side of boator the number of his license placed upon each side of wagon. said boat, wagon or other vehicle, in plain, legible Separate license required for each bot wagon. Fee. or letters, not less than one and one-half inches in length. A separate license shall be required for each boat, wagon or other vehicle used, in addition to the license as provided in section one, and the fee for each such additional license shall be one ORDINANCES. 77 dollar, to be deposited with the city clerk with the application for such license, as aforesaid. SECT. 5. Every person dealing in said articles, Dealers to keep record of puror keeping such a shop, shall keep a book in which chases. he shall record, at the time of every purchase by him of either of the articles mentioned in the preceding section, a description of the articles so purchased, the name, age and residence of the person from whom and the day and hour when he so received it; and that book shall at all times be open Record to be to the inspection of the mayor, or either of the open to inspection. aldermen, or of any person by said board of aldermen authorized to make such examination. 6. No keeper of such shop shall, directly No purchases to be made or indirectly, either purchase or receive, by way of from minors. barter or exchange, any of the articles aforesaid of any minor or apprentice, knowing or having reason to believe him to be such; and no article purchased Articles purSECT. by such shopkeeper shall be sold by him, until a period of at least one week from its purchase or receipt by him shall have elapsed, without entering on his book the name and address of the purchaser, with other proofs sufficient to enable him to keep trace thereof. SECT. 7. Persons who buy or sell no second- chased not to be sold, unless, etc. 78 Persons exempt from foregoing provisions. MUNICIPAL REGISTER. hand articles except books or furniture shall be exempt from the provisions and conditions of the preceding sections. Keepers of Intelligence Ofices. Keepers of intelligence offi- ces to be licensed. SECT. 8. Keepers of intelligence offices for the purpose of obtaining or giving information con- cerning places of employment for domestics, servants or other laborers, except seamen, may be licensed, and the fee for such license shall be one dollar. Pawnbrokers. Pawnbrokers to be licensed. SECT. 9. No person shall carry on the business of pawnbroker in the city, unless he is duly licensed by the board of aldermen. To keep record of articles in pawn, and from whom received. , Books to be open to inspection. SECT. 10o. Every person licensed as aforesaid shall keep a book at his place of business, in which he shall enter, at the time of receiving the same, a minute description of any article left for pawn, particularly mentioning any prominent or descriptive mark on the same, with the name, age and residence, giving the street and number when possible, of the person from whom he received it, noting also the day and hour, and the amount paid thereon; and the book or articles left for pawn shall at all times be open to the inspection of the mayor, the city marshal, or either of the aldermen or po- ORDINANCES. 79 lice officers, or of any person authorized by the board of aldermen to examine them. No pawnbroker shall, directly or indirectly, receive any article in pawn of any SECT. I I. Not to receive articles in pawn from minors. minor or apprentice, knowing or having reasonable cause to believe him to be such, without the consent in writing of the parent, guardian or master of such minor or apprentice. All licenses granted under this chapter shall, designate the place where the person licensed may carry on his business, and he shall not carry on the business at any other place within SECT. 12. Licenses to designate place of business. the city. The fee for a pawnbroker's license under this chapter shall be five dollars, which sum shall be deposited with the city clerk at the time application for such license is made, and shall be returned if the license is not granted to the person signing the application; said license may be reSECT. 13. Fee. voked at any time, and every person licensed as a Bond to be in the given. pawnbroker shall execute a bond to the city sum of three hundred dollars, conditioned that the said licensed person will in every particular conform to the requirements of this chapter and the laws of the Commonwealth, so far as the same relate to pawnbrokers. 8o City clerkto issue licenses. MUNICIPAL REGISTER. The city clerk shall issue certificates of licenses, under the direction of the committee SECT. 14. on licenses, or the committee of the departments from which licenses may be granted. All licenses When licenses shall expire on the first day of May annually, unless expire. otherwise provided by law. Revocationof licenses. SECT. 15. Any license or permission which may be granted or given by virtue of the provision of any of the ordinances of the city may be revoked and annulled at any time by the board of aldermen; and no license or permission granted or given by virtue of the provisions of any ordinance, or anything done or right acquired by virtue of the same, shall entitle any person or persons to a continuance of such license, permission or thing done, or right acquired. Provisions to be expressed in licenses. i6. All the provisions of this chapter shall be incorporated into every license granted SECT. under it. ORDINANCES. CHAPTER XV. RELATING TO THE OVERSEERS SECTION POOR. SECTION I. Clerk of overseers. Government of almshouse. 2. Books, records, etc., may be examined by city council. SECTION OF THE I. 3. Overseers to report doings and expenditures to city council annually. The overseers of the poor shall Clerkof overseers. annually elect one of their own number as clerk. Such clerk shall keep a fair and intelligible record of all the doings of the overseers of the poor, and make proper entry of the facts relating to any aid or assistance granted or refused by said overseers. The provisions of chapter thirty-three of the public statutes, sections one to twenty-four inclusive, are hereby adopted as applying to the government of Government of almshouse. the almshouse. SECT. 2. All books, records, reports, papers and property appertaining to the office of said over- Books, records, etc., may be examined by city council. seers may at any time be examined by the board of aldermen, or the common council, or by any committee which either board shall direct or appoint to inspect or examine the same. 3. On or before the last day of December in each year, the overseers shall submit to the city council a full report of all their doings and expenSECT. ditures for the financial year ending November Overseers to make report to city council annually. 82 MUNICIPAL REGISTER. thirtieth, together with such information and suggestions as they shall deem expedient to present to Shall furnish information to city council when requested. the city council; and they shall, whenever request- ed by the board of aldermen or common council, communicate such information as may be desired by either. CHAPTER XVI. RELATING TO POLICE. SECTION SECTION I. Organization of police department. CITY MARSHAL. 2. City marshal to be chief executive officer and have entire control of the department, and report monthly to mayor. 3. Shall receive complaints and prosecute cases, and keep record of persons arrested. 4. Shall have headquarters at police station. Officers to rep o rt thereat daily. 5. May designate officer to act in case of absence, etc. May employ constables, etc. 6. Shall keep account of duties performed by each member, and prepare payroll. 7. Shall call attention to disregard of ordinances, etc. 8. Shall keep record of junk shops, etc. 9. May designate officers to act as detectives. CAPTAIN OF NIGHT PATROL. io. Hours of duty. ixi. Shall have control of night officers. 12. Shall call roll and inspect the same. 13. Shall keep record of arrested persons and lodgers. PATROLMEN. 14. Qpalifications for appointment. 15. Shall wear badge in sight. Shall be sworn. 16. Shall devote entire time to business of the department, etc. 17. Shall enforce laws and ordinances. 18. Officers to acquaint themselves with ordinances and criminal laws, etc. 19. Duties in case of disturbance. 20. Lost children. 21. Sudden deaths, accidents, etc. 22. Members to fur n ish information to strangers and others, etc. 23. Persons remaining on sidewalks. 24. Officers to watch persons of bad character, etc. 25. Officers to note junk shops, etc., also liquor shops, houses of ill-fame, etc., and report same to marshal. 26. Officers to note cases of fast driving, brutality to animals, etc. 27. Officers to assist in freeing blockades, open way for foot travelers, etc. 28. Officers to note obstructions and defects in streets, etc. 29. Officers to note unsafe buildings, etc., and report same to marshal. 30. Officers to examine doors, etc., at night, note street lights not lighted, etc. 31. Manner of making arrests. 32. Persons taken into custody to be brought to police stati6n. 83 ORDINANCES. SECTION SECTION 33. Officer may require accuser to go to police station with prisoner. 34. Persons begging alms. 35. Officers to keep record of work. 36. Conduct and deportment of officers. 37. Officers not to accept gifts from certain persons; nor pay for services performed, without permission. 38. Punishment of officers for certain offences. 39. Complaints against officers. 40. Officers leaving the force to return city property. 41. Officers on duty to wear badge and uniform; may carry handcuffs, etc. 42. Officers not to tell business of department to outside parties. 43. Members not to belong to fire department. 44. Patrolmen not to engage in conversation while on duty. 45. Officers sleeping on duty, how punished. 46. Annual vacation. 47. Duties in case of fire. 48. Officers disabled in performance of duty to receive pay. 49. Committee on police to have management of property of department. 50. Office of city marshal to be furnished with certain books. Detectives allowed to wear citizens' dress. SECTION I. The police department shall con- sist of a city marshal, captain of the night patrol, Organization department. and as many patrolmen as the mayor and aldermen deem necessary, who shall hold their offices during the pleasure of and until removed by the mayor and aldermen. City Marshal. SECT. 2. The city marshal shall be the chief Citymarshal to of the police department, and be chief executive officer of the department. executive officer shall be responsible for its discipline and efficiency. He shall have entire control of the department Shall have en- and of its officers, special officers and all consta- tire control of officers. bles, when the same are engaged in the service of the city. He shall, on the last day of each month, report to the mayor in writing the doings of the department, and all misconduct, neglect of duty or want of efficiency in any member, Shall report monthly to mayor. MUNICIPAL 84 Shall receive complaints, etc. Shall keep record of persons arrested. Shall have charge of police station. Patrolmen to report thereat daily. May designate officer to act in his stead, May employ constaes,etc. SECT. 3. REGISTER. He shall receive all complaints from the citizens and from his officers against any breach of the criminal laws or ordinances of the city, and shall prosecute all cases where, in his judgment, there may be willful violation of either. He shall keep a record, with a suitable index, of all persons arrested, birth, age, height, complexion, residence and offence, with such other description as may be useful for identification of the prisoner; and when cases are brought before the court, shall inform himself of the disposal of each case and make a record of the same. He shall have the general charge of the police station, and be held responsible for the good order and condition of the same. He shall make his headquarters at the police station, and SECT. 4. shall require the patrolmen to report thereat at least once in each day, and shall then communicate to them such orders and instructions as he may deem necessary. SECT. 5. He may, in cases of necessity, or if intending to be absent, designate any one of his officers to act in his stead and perform his duties, and may employ constables and special officers on special occasions and on holidays. SECT. 6. He shall keep an account of the ORDINANCES. 85 duties performed by each member, of all absences Shall keep account of from duty, and the causes of the same, and shall, duties, etc. on the last day of each month, prepare a pay-roll of the police officers, and present the same to the committee on police, who shall examine and certify to said pay-roll, if found correct, and it shall then be presented to the auditor. SECT. 7. Whenever a disregard of any law, ordinance or order, prevails to an extent prejudicial to the well being of the city, he shall cause the said law, ordinance or order, to be published in one or more newspapers of the city, or in handbills or circulars, calling thereto the attention of the public. SECT. 8. He shall keep a record of all intelli- gence offices, junk-shops, dealers in second-hand Shall callattention to ordinances, etc. Shall keep record of intelligence offices, articles, pawn brokers, bowling alleys and billiard rooms, also all sippio and pool rooms, and examine their books and property as often as he shall deem proper; and shall also keep a record of all suspected gambling houses, drinking saloons, and houses of ill-repute, as also of all convicted persons, who are likely to become dangerous to the community. SECT. 9. He may designate one or more police to act as special detectives, to visit such officers places, watch such persons, and note such transactions of which he may require information. Special detectives. 86 MUNICIPAL REGISTER. Captain of Nig htPatrol. Hours of duty. SECT. IO. The captain of the night patrol shall report at the police station at 6 1-2 o'clock, P. M., and remain until relieved by the day officers, unless absent upon duty requiring his presence elsewhere, or by permission of the marshal. Shall have control of night officers. He shall have control of the night officers while on duty, subject to the directions of SECT. I I. the marshal. Shall call roll, etc. SECT. 12. He shall call the roll and inspect the night officers, before they go upon their beats, and communicate to them such orders and instructions, as he shall receive from the marshal. Shall keep records of arrests and lodgers, etc. He shall keep a record of all persons brought or applying to the police station, either under arrest or as lodgers; also of all reports made by the officers on duty, or other persons at night, and such other information as may be required by the marshal, which reports he shall communicate to him the next morning. SECT. 13. Patrolmen. Qualifications for appointment. SECT. 14. To be eligible to appointment on the police, the applicant must be a citizen of the United States, a resident and tax-payer of the city for one year next preceding his appointment, not less than ORDINANCES. 87 twenty-two nor more than forty years of age, unless such applicant shall have served in the army or navy of the United States in time of war, and received an honorable discharge therefrom; of not less than five feet eight inches in height, nor less than one hundred and forty pounds in weight, of sound health, energy and courage, of good moral character, of temperate and industrious habits, of respectable and orderly manners, and prompt and faithful in the discharge of his duties. All applications for appointment shall be in the handwriting of the applicant, and the applicant shall have conformed to all the requirements as set forth in the rules and regulations of the civil service touching this matter. Every police officer shall wear his octowear badge and be d badge upon his left breast and upon the outside of sworn. his outer garment, plainly exposed to view, when on his way to and from his residence to the police station, as well as at all times when on duty, except by permission of the marshal; and before entering upon his duties, shall be sworn to a faithful discharge of his duties as police officer. SECT. 15. SECT. I6. Each member shall devote his entire Shall notfollow business, time to and acquaint himself with the business of other the department, shall follow or be employed in no other calling, shall hold himself ready at all times, 88 MUNICIPAL REGISTER. whenever his services may be required, and answer the calls and obey the orders of his superior officer, and shall make daily reports of his doings, and of important facts coming to his knowledge, to the city marshal. SECT. I7. Shallenforce laws and ordinances. Each member shall see that not only the laws of the Commonwealth, but also the laws and ordinances of the city, are observed and enforced. SECT. I8. Officers to acquaint themselves with ordinances and "Each officer shall acquaint himself thoroughly with the ordinances of the city, and use criminal laws, all diligence to prevent the violation of the same; etc. he shall make himself conversant with the criminal laws of this Commonwealth, and the practice and decisions of the courts in such cases. He shall not only use his best endeavors to detect the criminal, but also to prevent the commission of crime. He shall at all times keep the marshal informed of everything important coming to his knowledge, concerning the interest and well-being of the community. Duties in case When a disturbance occurs on the SECT. 19. beat of any officer, he shall instantly repair to the of disturbance. spot, and use his best efforts to restore quiet. If any person has committed a felonious assault, or other felonious crime, or by loud outcries, or other- 89 ORDINANCES. wise persists in disturbing the peace, the person offending shall be taken into custody, and conveyed to the police station, to await the order of the marshal. If the officer is opposed in the performance Callsfor of his duty, or requires assistance, he shall blowassistance. his whistle, and officers who hear it shall answer the same, by forthwith proceeding to his assistance. SECT. 20. Each member shall cause all children Stray children. who have strayed, or infants who have been abandoned, to be taken to the residence of their parents, if known, and if not, to the police station. SECT. 21. He shall take note of all cases of Sodden deaths, accidents, etc. contagious: diseases, or sudden death, where there is reasonable ground to suspect criminality, and render immediate aid in case of accident or illness in the streets, ascertaining all important particulars connected therewith, and making a record thereof. Each member shall furnish such information, and render such aid to all persons, when requested, as is consistent with his duty, and shall direct strangers and others, when requested, the nearest and safest way to their places of destination, and when necessary, shall cause them to be accompanied thither by one of the patrolmen. SECT. 22.! Members to furnish inform- ation, etc. MUNICIPAL REGISTER. 90 Persons remaining on sidewalks, When any person remains upon any one part of the sidewalk longer than is allowed by SECT. 23. law, it shall be the duty of the officers to request him, courteously, to move on; and if any person shall unreasonably persist in remaining, so as to incommode passers-by, the officer shall place the person under arrest, or ascertain the name of the person, and report the same for prosecution. Persons of bad character to be watched. Junk shops, etc. Each officer must strictly watch the conduct of all persons of known bad character, fixing in his mind such impressions as will enable him to recognize persons whom he frequently meets in the streets, under suspicious circumstances, and to the utmost of his power, prevent the commission of assaults, breaches of the peace, and all other crimes about to be committed. SECT. 24. Each officer shall note all junkshops, shops of second-hand dealers and pawnSECT. 25. brokers, all places of amusement, billiard halls and bowling alleys upon his beat, also all suspected gambling houses, places where intoxicating liquors are sold, dancing, cock-fighting or prize-fighting is carried on, houses of ill-fame and all other suspicious places and persons therein; also the names of the keepers and attendants of such places, of which he shall keep a list in his book for reference, and report the same to the city marshal. ORDINANCES. SECT. 26. Each officer shall note all 91 cases of Fastdriving, fast driving, brutality to animals, horses or vehicles left unattended or standing a longer time than the law allows, or going upon the sidewalk, or not conforming to any other lawful provision made for their regulation. When any street becomes blocked, he shall use his best efforts to aid the drivers in SECT. 27. brutality to animals, etc. Street blockades. disentangling the same; and when the stream of Assisting travel is continuous, open the way for foot travelers wishing to cross, attending women, children and aged persons, who would otherwise be exposed to danger. SECT. 28. Each officer shall note all street and foot travellers to cross. Street obstructions. sidewalk obstructions, all defects therein from which accidents may occur, removing them when practicable, call the attention of abuttors to the state of their sidewalks, where by ice, snow or other cause, they are rendered dangerous, or when obstructed by fuel, boxes, goods, or other encumbrances; take note of all ashes, garbage, or other nuisances thrown into the street, or where the street is improperly obstructed from any cause, and when the laws and ordinances, orders, rules and regulations for the government of such cases, upon notice being given, are not forthwith obeyed, the officer shall ascertain the name of the parties so Abuttors to be notified of dangerous sidewalks, etc. 92 MUNICIPAL REGISTER. offending, and report the same for complaint and prosecution. Unsafe buildings, etc. buildings, etc. SECT. 29. Each officer shall note all wooden buildings being erected contrary to law, or any building defectively built, or which may become unsafe, or where any noisome, dangerous or unwholesome trade is carried on, and all nuisances, and other matters relating to the safety and convenience of the public, or the interests of the city, which may exist or occur on his beat, and shall make report thereof without delay, in writing, to the marshal. Doors, etc., to be examined at night. Manner of making arrests. SECT. 30. Each officer shall examine, in the night time, the doors, gates and windows of dwellings and stores, to see if they are properly secured, and if not, give notice to the inmates, if any; and where not, make the same safe and notify the owner in the morning. He shall note all street lights not lighted at proper times, or too early extinguished, when not giving proper light, or when not clean. He must watch vacant houses, to prevent depredations, and be vigilant to prevent fires. SECT. 31. When an officer has occasion to address himself to a person committing, or about to commit, a violation of law, he shall do so in a civil and gentlemanly manner, and shall avoid hasty and ORDINANCES. 93 irritating remarks, as well as refrain from bandying words or epithets with any one. Whenever it becomes necessary to take a prisoner into custody, he shall do so in a quiet but resolute manner. He will on no occasion be controlled by violent temper, or use unnecessary violence towards a prisoner, and in no instance strike a prisoner, unless in selfdefence. SECT. 32. When any person is taken into cus- tody, he shall be brought to the police station, and a full description of his person, the time and cause of his arrest, his name and that of the arresting officer, shall be recorded in a book kept for that purpose. If any property is taken from any such Persons arrested to be brought to police station. Property taken from prisoner. person, it shall be put together, carefully marked, and placed in the care of the marshal. SECT. 33. When any party charges another with crime, and insists that the party so charged shall be taken into custody, the officer shall require the accuser, if unknown to him, or there is other sufficient reason for it, to go with the accused to the police station. SECT. 34. When any person begs in the street, or goes from door to door soliciting alms, it shall be the duty of the officer to inquire the name and abode of such person, and note the same for rec- Party charging another with crime to accompany prisoner topolicestation. Persons soliciting alms. 94 MUNICIPAL REGISTER. ord; and to direct such person, if in distress, to the overseers of the poor, or to any charitable association, or person affording relief in similar cases. It shall be the duty of each officer to render all proper assistance and relief to any person, who may be found requiring assistance or protection. Officers tokeep SECT. 35. It shall be the duty of every police record of work. officer to keep a private record of his work, in a book to be furnished by the city, with day and date, and he shall enter therein all matters of any importance in all work in which he is engaged in his official capacity, whether at court, on his beat, or Shall make re- elsewhere, and also any other matter of importance that comes to his knowledge connected with the police of the city; and when his book is full, it shall be carefully preserved for future use or reference, and he shall commence another. He shall port to marshal. each day, at such times as shall be appointed, make report to the marshal, and in his absence, to the officer in charge, of all that he has done or which has come to his knowledge during the previous twenty-four hours, or since his last report, exhibiting his book if required. Conduct of SECT. 36. Every member, in his conduct and memhers. deportment, must be quiet, civil, and orderly in the performance of his duty; he must be attentive and zealous, control his temper, and exercise the utmost ORDINANCES. 95 patience and discretion. He must at all times refrain from harsh, violent, coarse or profane language, and when circumstances require, act with energy and decision. SECT. 37. NO officer of this department shall, Officer notto accept gifts, etc. directly or indirectly, accept from any person, either liable to arrest or complaint, or in custody, or after discharge from custody, nor from any friend of such person, any gratuity, gift or reward whatsoever; nor from any person, money or other compensation for services rendered while on duty, without the approval of the committee on police or the city marshal. SECT. 38. Any member of the department, for Punishmentof intoxication, willful disobedience of orders, disre- spect to his superior, neglect in paying his just dues for rent or necessaries without just cause, willful non-compliance with the rules and regulations, inefficiency or gross neglect of duty, willful maltreating or using unnecessary violence towards a prisoner or other person, receiving money or other valuable things, contrary to the provisions of this chapter, or the statutes of the State, violent, coarse or insolent language or behavior to any person, visiting any liquor shop, house of ill-fame, or gambling house, except in the unquestionable discharge of his duty, willfully communicating any certain offences. 96 MUNICIPAL REGISTER. information to any person liable to arrest, whereby the ends of justice may be defeated, or said party escape punishment, or any conduct unworthy his station, shall be liable to reprimand, suspension, deduction from his pay or discharge, according to the nature or aggravation of the offence. Complaints against officers. SECT. 39. All complaints made against any member of the department by any other member thereof, or by any other person, shall be reduced to writing, with the specifications, and shall be signed by the party making the complaint, before the same shall be investigated. The investigation of all charges shall be made by the board of aldermen, and when an officer is found guilty of any irregularity not sufficient to call for his removal from the force, the board of aldermen shall decide what the punishment shall be therefor, as provided in the preceding section. Members leaving the force to return city property. SECT. 40. When any member of this depart- ment resigns or is discharged or in any way vacates his office, he shall turn over his badge, buttons, handcuffs, billy, pistol, and all other city property in his possession to the city marshal. Officers to wear badge, and may carry weapons. SECT. 41. When on duty, each officer shall wear one numbered police badge, and may carry one pair of handcuffs, one pair of twisters, one ORDINANCES. 97 billy, one police whistle and one revolver, and shall wear such uniform as the board of aldermen Uniform. shall direct: provided, that officers detailed for Proviso. detective duty may wear citizens' dress, if so instructed by the city marshal. SECT. 42. No officer shall communicate to an outside party any information respecting orders or any other business of the department whatsoever, or which has been obtained in its service, except by permission of the committee on police or the city marshal. SECT. 43. No member of the police shall be- long to any engine or other company of the fire department. SECT. 44. Patrolmen must not walk together, or talk with each other, or with any other person, on their beats, unless it be to communicate information pertaining to their duty, or in the line of duty, and such communication must be as brief as possible. SECT. 45. department to be kept private. Members not to belong to fire department. Patrolmen not to engage in conversation while on duty. Any officer guilty of sleeping during Officers sleep- or ing on duty, how punished. watching hours, or being in a sleeping posture, otherwise neglecting his duty, shall be liable reprimand, suspension, deduction from his pay, discharge, as may be decided by the board aldermen, Business of to or of 98 Annual vacation. MUNICIPAL SECT. 46. REGISTER. Members of the police force shall be entitled to an annual vacation of fourteen days each, the time of which shall be arranged by the city marshal. Duties in case of fire. of fire. SECT. 47. In case of fire, the two officers near- est thereto shall repair to the scene and act as fire police; the officers on the adjoining beats shall cover those left vacant, and the city marshal shall detail men from the reserve force, if necessary, to protect property, and return officers to their proper beats. On discovering a fire, the officer shall first ascertain if it can be extinguished without alarm; if not, he shall at once give the alarm. He shall note the time and his position when he gives or hears an alarm, and note any suspicious circumstances connected therewith, and report the same. Officers disabled in per- formance of duty to receive pay. 48. Officers wounded or otherwise disabled while on actual duty shall receive pay for the time of service necessarily lost in recovering, not SECT. exceeding two months, when duly certified by the city physician, upon the approval of the committee on police. Management of property of department. 49. The committee on police shall have general charge of all property belonging to the police department, and shall give directions for the management of the same. SECT. ORDINANCES. SECT. 50. The office of the city marshal shall be furnished with the Public Statutes and English Dictionary and Bible. 99 Officeof city marshal to be furnished with certain books. CHAPTER XVII. RELATING SECTION I. SECTION I. TO POSTING NOTICES. Posting notices without consent, etc., prohibited. No person shall post any written Notices or printed matter, except legal notices, upon any tree, fence, wall or building of another, without the consent of the owner or occupant thereof, nor upon any property of the city without the consent of the mayor. not to be posted on fences, etc., without consent of owner, etc. MUNICIPAL 10o REGISTER. . CHAPTER XVIII. RELATING SECTION SECTION i. Printing for city to be done under direction of committee on printing, unless otherwise ordered. 2. Bills for printing, by whom to be approved, Printing for city, howdone, TO PRINTING. 3. Documents unfinished at end of mu nicipal year. 4. Documents, how printed and bound. Reports for five years to be bound together. All printing required for the city SECTION I. shall be done under the direction of the joint stand- ing committee on printing, except in cases where, by order of the city council, some other committee or officer is especially authorized to procure the same to be done. Billsby whom lug, for print- to be approved, Documents not completed. No bills for printing shall be allowed SECT. 2. by the committee on accounts, unless the same shall be approved by the committee on printing, or by the committee or officer especially authorized to incur the expense. All documents or other matters reSECT. 3. ferred to the joint standing committee on printing, the printing of which shall not be completed at the end of any municipal year, shall be completed under the direction of the joint standing committee on printing of the next city council. Documents, how printed and bound. SECT. 4. All documents printed by order of the city council, or of any department, shall be printed ORDINANCES. IOI in uniform style, octavo, and the annual reports of each municipal year shall be numbered consecutively; and every five years, one copy each of the auditor's reports and school committee's reports of those years shall be bound together in one volume, and at least twelve of such volumes shall be bound, and be placed for use in such offices of the City Hall as may be designated by the committee on Reports for five years to be bound together. printing. CHAPTER XIX. RELATING TO PUBLIC PROPERTY. SECTION SECTION I. Appointment of committee on public property. 2. Committee to have care of city property, etc. 3. Committee may appoint janitors, and fix compensation. May make regulations for letting City Hall. 4. Purchase of land, etc., by city to be made under direction of the committee. 5. No building or land belonging to the city to be sold without order of city council. At the commencement of each Appoitmet of municipal year, there shall be appointed a joint oitpee ony. SECTION I. standing committee on public property, to consist of two aldermen and three members of the common council. SECT. 2. The said committee shall have the care and superintendence of all the school-houses, buildings, landings and other property belonging Committee to city property.of MUNICIPAL IO2 REGISTER. to the city, not by law or ordinance otherwise provided for, and subject to such rules, orders and regulations as the city council may from time to time adopt; they shall see that the officers appointed for the purpose take due care of the same and perform their respective duties, and make all recommendations concerning the same to the city council from time to time which they may consider necessary, and see that the action of the city council is carried into effect. May appoint janitors of school houses, etc. May let City 3. The said committee may appoint janitors to the several school-houses belonging to the city, prescribe their duties and fix their compensation. They may make such rules and reguSECT. Hall. lations for the letting of City Hall as they may from time to time deem expedient, and make and regulate the terms and conditions by which the same shall be let. Purchase of land, etc., by the city. Sale of city buildings or land. SECT. 4. Whenever the city council shall order the purchase of any land or building, such purchase shall be made under the direction of said committee on public property, upon such terms and conditions as the city council shall prescribe. 5. No building or land owned by the city shall be sold by any committee, without an SECT. order from the city council authorizing such sale. 103 ORDINANCES. CHAPTER XX. RELATING TO SCHOOLS. SECTION SECTION I. School committee to elect teachers and fix salaries; and have management of schools. 2. To present estimate of school expenses to committee on finance. 3. To judge of necessity of additional school accommodations. 4. Authority from statutes. SECTION I. 5. Children between seven and fifteen years of age to attend school. 6. Habitual truants. 7. Duties of truant officer. 8. Truant officer shall keep record of doings, and make report. 9. Punishment of offenders. Io. Place of confinement, etc., provided. The school committee are author- School committee to elect teachers and fix salaries. ized to elect and contract with all such instructors as they may deem proper for the public schools, and to determine the amount of their respective salaries, and generally they shall have all the pow- To have care ers in relation to the care and management of theschools. public schools which school committees are authorized by the laws of the Commonwealth to exercise. SECT. 2. The school committee shall present to the committee on finance, in the month of February in each year, an estimate in writing of the expenses of the public schools for the current financial year, stating the amounts required for salaries, incidental expenses, text books and supplies, in separate items. SECT. 3. The said committee shall be the To present estimate of expenses to coinmittee on finance. To judge of necessity of adschool accommoda- original judges of the expediency and necessity of ditional having additional or improved accommodations for of tions. 104 MUNICIPAL REGISTER. any of the public schools within the limits of the city; and whenever, in their opinion, a school-house is required, or material alterations needed, they shall send a communication to the city council, stating the locality and the nature of the further provisions for the schools which are wanted. Authority from statutes. The city of Gloucester, in pursuance SECT. 4. of the authority conferred by the provisions of the statutes cerning hereby named, Children to attend school. SECT. of the Commonwealth now in force contruant children and absentees from school, adopts the several sections hereinafter as follows, namely: 5. All children between the ages of seven and fifteen years, residing in said city, and being without any regular or lawful occupation or business, and growing up in ignorance, shall, unless there be some sufficient reason to the contrary, be required to attend regularly some public or private school, or suitable place of instruction. Habitual truants. SECT. 6. All children between the ages aforesaid belonging to any public school in said city, who shall, without sufficient excuse therefor, be absent therefrom three or more times during one term of said school, shall, for the purpose of this chapter, sections four to ten, inclusive, be deemed and taken to be habitual truants, ORDINANCES. SECT. 7. It shall be the duty of every truant Io5 Duties of truant officer. officer, prior to making complaints, to notify the offending child, and also the parent or guardian of such child, of the offence committed and of the penalty therefor, and also present to the school committee a full statement of the circumstances attending such case of truancy or absence from school, and only upon the recommendation of said school committee shall he proceed to prosecute. SECT. 8. It shall also be the duty of every tru- ant officer to keep a full record of his official acts Truant officer to keep record of doings, and make report. and doings, and make annual report thereof to the school committee, who may publish the same with their report. Every child who shall be convicted under the provisions of this chapter of being an habitual truant shall be punished therefor by confinement in such institution for instruction, house of reformation, or suitable situation as the city may from time to time provide, in conformity to law, for such time, not exceeding two years, as the justice or court having jurisdiction of the case may SECT. 9. Punishment of offenders. determine. SECT. io. The state primary school at Monson is hereby provided, in conformity with chapter forty-eight, section fifteen, of the Public Statutes, Place of confinement, etc., provided.. IO6 MUNICIPAL REGISTER. as the place of confinement, discipline and instruction for children, convicted under the provisions of this chapter, as set forth in sections four to ten, inclusive. CHAPTER XXI. RELATING TO STREET SECTION SECTION I. Committee to have oversight of street lamps, etc. Committeeto have oversight of street lights, etc. LIGHTS. 2. May employ persons to light lamps, contract for materials. SECTION I. The committee on lighting streets shall have the care and oversight of all the street lamps and fixtures belonging to the city, shall cause the same to be kept clean and in good order for use, and shall see that the same are kept lighted at such times as the convenience of the public requires. They shall also cause such other lamps to be lighted, as the city council may from time to time direct. Committee may employ persons to light lamops, etc. SECT. 2. able persons The said committee may employ to light and extinguish suit- the street lamps, may contract for materials, and shall see that the posts, lamps and fixtures ordered and located by the city council are procured and erected. ORDINANCES. IO 7 CHAPTER XXII. RELATING TO SWINE. SECTION SECTION I. License required to keep swine. to be slaughtered in street. SECTION I. Not 2. Board of aldermen to grant licenses. 3. Penalty for keeping without license. No person shall keep swine within the limits of the city, without a written license from the board of aldermen; nor shall any person slaughter swine in the public streets of the city. The board of aldermen may, at their discretion, license any person or persons to keep swine in the city, at such place as may be designated in such license, whenever, in their opinion, the circumstances under which said swine are kept are such as not to endanger the public health, or produce any public inconvenience; and all licenses so granted shall be revocable at the pleasure of said board, and if not previously revoked, shall SECT. 2. License required to keep swine. Slaughtering in streets forbidden. Aldermen may grant licenses. Licenses to be revocable. Whentoexpire. expire on the first of May annually. Any person not licensed as above provided, who shall keep any swine in the city after the expiration of twenty-four hours' notice from the city marshal to remove the same, shall forfeit and pay for each offence a sum not exceeding twenty dollars. SECT. 3. Penalty. Io8 MUNICIPAL REGISTER. CHAPTER XXIII. RELATING SECTION SECTION I. assessors. TAXES. SECTION I. Organization of assessors. 2. Duties of assessors. May call upon assistant assessors for information. 3. When tax lists shall be delivered to collector. 4. Abatements. Organization of TO 5. Discount on taxes. Interest on delinquent taxes. Summons. 6. Duty of collector on delinquent taxes. 7. Compensation of assessors and assistant assessors. The board of assessors shall meet as soon as practicable and organize by the choice of a chairman, and a majority of the board shall be required for the transaction of business. Duties of asses- SECT. 2. It shall be the duty of the assessors, sors. from and after the first day of May, to visit the May call upon assistant assessors for information, etc. different estates in the several wards, to take a list of the polls, to estimate the personal property, to appraise the value of the real estate, and to obtain the information necessary for making the statistics required by law. They may call upon the assistant assessors for information relating to the assess- ments, and for such other services as they may deem necessary. When taxlist shall be delivered to collector. SECT. 3. The assessors shall deliver to the collector a complete tax list, showing the amount assessed upon each person liable to taxation on his poll or estate, or both, before the first day of September in each year. io 9 ORDINANCES. SECT. 4. It shall be the duty of the assessors to Abatements. meet seasonably, during the time allowed for the discount on taxes, to decide on all applications for abatement, and they shall give information from time to time to the collector, before the expiration of said term, of all abatements which they have made. SECT. 5. Whoever shall pay his taxes on or Disconton before the fifth day of October shall be entitled totaxes. a discount of three per cent., and upon all taxes not paid prior to November first, interest, as the city council may from time to time determine, shall be charged on and after that date until payment be made. Upon all persons whose taxes are not paid before the first day of December, a summons shall Interest to becharged afte No. st. Summons. be issued by the collector, or some one appointed by him to discharge such duty, for which service the charge to each delinquent shall be twenty cents. 6. It shall be the duty of the collector, as soon as practicable after the expiration of fifteen days from date of summons aforesaid, to proceed to the collection of the taxes assessed to the persons thus summoned, and he shall exert all needful care and diligence to complete the collection of the taxes according to the terms of the warrant of the assessors. But nothing in this chapter shall prevent the collector from enforcing the payment of SECT. Duty ofcollector on delin- quent taxes. MUNICIPAL NIO REGISTER. any tax at any time after the tax bill shall have been committed to him, whenever either of the assessors shall request him to do so, or, in his own opinion, the circumstances of the person taxed may render such a course expedient. Compensation of assessors and assistant assessors. SECT. 7. The assessors and assistant assessors shall receive such compensation as the city council may determine. " CHAPTER XXIV. RELATING TO TELEGRAPH AND TELEPHONE SECTION SECTION i. Companies, etc., not to erect poles in streets without permit from aldermen. Proviso. 2. Description of poles. To be painted. Aldermen may order removal after hearing. Poles not to be erected without permission of LINES. 3. Companies to file bond before erecting poles. 4. Aldermen may order wires placed under ground. 5. Penalty. No company, corporation or individual engaged in transmitting intelligence by elecSECTION I. aldermen. Aldermen to tricity shall establish, maintain or place poles along or across any of the streets within the city, or construct any line of wire within the city, except from the roof of one building to another, without the written permission of the board of aldermen; and the board of aldermen shall have the authority to locate route. locate and designate the route over which any com- ORDINANCES. III pany, corporation or individual may place poles and construct lines of wire for the purposes aforesaid, subject to the provisions of this chapter, or any modification or repeal thereof by the city council of Gloucester; provided, however, that before any Proviso. poles are placed in position granted by any order of the board of aldermen, a plan shall be made by the city engineer, showing the exact location granted, which shall be designated by red circles, and all poles shall be placed in positions as indicated on plan by such red circles, and in no other place. SECT. 2. All poles located under any order of Description of poles. the board of aldermen for the purpose of transmitting intelligence by electricity by any company, corporation or individual, shall be as follows, namely: All poles shall be of wood, except the kinds known as hemlock and spruce, straight and uniform in size, not less than ten inches nor more than twelve inches in diameter at the butt. All poles shall be placed in the ground at a depth of not less than four feet below the surface, and shall be not less than forty-five feet above the surface, and in such places as the city engineer shall direct. All poles shall be painted by the company, corporation same, as the or individual controlling or owning the superintendent of highways shall direct, and to the entire satisfaction of said superintendent of high- Poles to be painted. MUNICIPAL REGISTER. II2 Aldermen may order removal of poles. Company to file bond before erecting poles. ways, and repainted whenever in the opinion of the board of aldermen any or all of said poles require painting. All poles shall be kept in good order and condition by the company, corporation or individual owning the same, and whenever the board of aldermen shall order the removal of any or all poles located under any order of the board of aldermen giving to any company, corporation or individual the route of location, the same shall be removed, after due notice for a hearing having first been given to all parties interested; and no pole or poles shall be removed by any company, corporation or individual, without the written consent of the board of aldermen. The placing of poles on any street, or the removal of the same from any street, shall be done under the supervision of the city engineer. SECT. 3. No company, corporation or individual shall erect any pole or poles or run wires along or across any street within the city for the purpose herein mentioned, until they shall have filed with the city clerk a bond satisfactory to the city solicitor, and to be approved by the board of aldermen, saving the city harmless from any and all damages and expenses arising in any manner from the erecting and maintaining said poles, wires, etc. SECT. 4. The board of aldermen shall have full ORDINANCES. I1 3 authority to order any company, corporation or individual transmitting intelligence by electricity to place their wires underground in such streets and Aldermenmay order wires under such conditions as they may deem for the placed best interests of the city; and whenever any wires ground. are so placed, the company, corporation or individual owning or controlling the same shall repair and put in good order and condition, to the entire satisfaction of the superintendent of highways, all streets through which their wires shall pass; and anycompany, corporation or individual shall, before commencing to lay the wires, file as aforesaid a bond satisfactory to the city solicitor and to be approved by the board of aldermen, to save the city harmless from all costs, damages, claims and expenses in any manner incurred by reason of the laying of the wires under the ground as aforesaid. Any person who shall offend against Penalty. any of the provisions of this chapter shall be liable to a fine of not less than five dollars nor more than twenty dollars, and a like penalty for each and every day such offence shall be repeated or continued. SECT. 5. nder 114 MUNICIPAL REGISTER. CHAPTER XXV. RELATING TO TOY PISTOLS AND TOY CANNON. SECTION I I. Sale of toy pistols or toy cannon prohibited without license. Saleoftoypistols, etc. Discharge of same prohib. ited. SECTION I. SECTION 2. Discharge of same prohibited. 3. Penalty. No person shall keep for sale, ex- pose for sale, have in his possession with intent to sell, or sell, within the limits of this city, any of the articles known as toy pistols or toy cannon, in which gunpowder or any other explosive substance is or may be used, without a license from the board of aldermen. SECT. 2. No person shall discharge or fire any toy pistols or toy cannon, loaded with gunpowder or other explosive substance, within the limits of this city. Penalty. 3. Any person who shall violate any of the provisions of this chapter shall be liable to a fine of not less than ten dollars nor more than fifty SECT. dollars for each and every such offence. 115 ORDINANCES. CHAPTER XXVI. RELATING TO WARD BOUNDARIES. SECTION SECTION I. 2. 3. 4. Division of city into eight wards. Ward One, how bounded. Ward Two, how bounded. Ward Three, how bounded. 5. Ward Four, how bounded. SECTION I. For the 6. 7. 8. 9. Ward Five, how bounded. Ward Six, how bounded. Ward Seven, how bounded. Ward Eight, how bounded. purpose of holding all Division elections, and until otherwise provided by law, the city of Gloucester shall be divided into eight wards, as follows: ofcity into wards. Ward One. SECT. 2. So much of the city of Gloucester aswardone, how lies south of a line commencing at a point at Andrew Parker's wharf, so called, running north to East Main street, thence through the centre of East Main street easterly through Beach avenue to the sea, including all that portion of the city now known as East Gloucester, together with all the islands in the harbor, shall constitute and be known as Ward One. bounded. Ward Two. SECT. 3. So much of the city of Gloucester aSwardTwo. how bounded. lies within a line from a point at the head of Vincent's Cove, through the centre of Vincent, Spring, Marchant and Mt. Vernon streets, to a point near 1I6 MUNICIPAL REGISTER. the Mt. Vernon school-house, thence north twentythree degrees east to the line of the Eastern Railroad, thence by said railroad easterly to the Rockport line, thence by the Rockport line to the sea, thence by the seashore and centre of Beach avenue to the northerly bound of Ward One, thence by the sea to the place of beginning, shall constitute and be known as Ward Two. Ward Three. Ward Three, how bounded. 4. So much of the city of Gloucester as lies within a line commencing at a point at the head of Vincent's Cove, through the centre of Vincent, Spring, Marchant and Mt. Vernon streets, to a point near the Mt. Vernon school-house, thence north twenty-three degrees east to the line of the Eastern Railroad, thence by said railroad westerly to its junction with Park street, thence through the centre of Park, Pleasant and Duncan streets, and by the eastern side of the Gas Company's wharf to the harbor, thence by the shore line to the place of beginning, shall constitute and be known as Ward Three. SECT. Ward Four. WardFour, how bounded. SECT. 5. So much of the city of Gloucester as lies within a line commencing at a point at the city landing, running northerly through the centre of Washington street to its junction with Prospect ORDINANCES. II7 street, thence through the centre of Prospect and School streets to the line of the Eastern Railroad, thence by said railroad easterly to its junction with Park street, thence through the centre of Park, Pleasant and Duncan streets to the sea, thence by the shore line to the place of beginning, shall constitute and be known as Ward Four. Ward Five. SECT. 6. So much of the city of Gloucester as Ward Five, how bounded. lies within a line commencing at a point at the city landing, running northerly through the centre of Washington street to its junction with Prospect street, thence through the centre of Prospect and School streets to the line of the Eastern Railroad, thence westerly by said railroad to the channel of Annisquam River, thence by said river and canal to the sea, thence following the shore line to the place of beginning, shall constitute and be known as Ward Five. Ward Six. SECT. 7. So much of the city of Gloucester as lies within a line commencing at a point on the Rockport line due east from the southern end of Lobster Cove bridge, running westerly by said line and bridge to the channel of Lobster Cove, thence easterly by said channel to a point at the head of said cove, thence running north twenty-two degrees Ward Six, how bounded. 1I8 MUNICIPAL REGISTER. west to the sea, thence by the shore and the channel of Annisquam river to the line of the Eastern Railroad, thence by said railroad easterly to the Rockport line, thence by said Rockport line to the place of beginning, shall constitute and beknown as Ward Six. Ward Seven. Ward Seven, how bounded. SECT. 8. So much of the city of Gloucester as lies within a line commencing at a point due east from the southern end of Lobster Cove bridge, running westerly by said line and bridge to the channel of Lobster Cove, thence easterly by said channel to a point at the head of said Cove, thence running north twenty-two degrees west to the sea, thence by the shore easterly to the Rockport line at Folly Cove, thence southerly by said line to the place of beginning, shall constitute and be known as Ward Seven. Ward Eight. Ward Eight, how hounded. SECT. 9" All that portion of the city of Glou- cester lying west of the Canal and the channel of Annisquam river, including the islands in said river, shall constitute and be known as Ward Eight. ORDINANCES. I19 CHAPTER XXVII. RELATING TO WARRANTS FOR MEETINGS. SECTION SECTION i. Form of warrants for calling meetings by wards. 2. Form of warrants for calling general 3. Warrants, how issued and served. 4. Opening and closing of polls. 5. Form of warrants in case of vacancy in office of mayor. meetings of citizens. The form of warrants for calling meetings of the citizens of the several wards shall be as follows, to wit: SECTION I. CITY OF GLOUCESTER. To any Constable of the City of Gloucester, Greeting: In the name of the Commonwealth of Massachusetts, you are hereby required to warn the citizens , qualified to vote as the law diof Precinct rects, to assemble at , at until , the , on day of noon, and from that time o'clock, o'clock in the afternoon, then and there to give in their ballots for . Hereof fail not, and make due return of this warrant with your doings thereon. Witness, L. S. , Mayor of our said City of Gloucester, on this day , in the year of our Lord one of . thousand eight hundred and By order of the Mayor and Aldermen. - , City Clerk. Form of warrants for calling ward meetings. 120 Form of warrants for calling general meetings. MUNICIPAL REGISTER. SECT. 2. The form of warrants for calling general meetings of the citizens qualified to vote shall be as follows, to wit: CITY OF GLOUCESTER. qf To thle Conslables ofthIe City Gloucester, or to any or either of them, greeting: In the name of the Commonwealth of Massachusetts, you are hereby required to warn the citizens of Gloucester, qualified to vote as the law directs, to assemble in general meeting, at , on , the day of --- , at o'clock in the noon, then and there to . Hereof fail not, and make due return of this warrant with your doings thereon. Witness,- , Mayor of our said _L.s. City of Gloucester, on this day of ,in the year of our Lord one thousand eight hundred and--By order of the Mayor and Aldermen. City Clerk. Warrants, how issued and served. 3. All warrants, whether for calling general meetings, or for calling meetings of the citizens SECT. of the several wards, shall be issued by the mayor and aldermen, or by the board of aldermen, seven days at least before the time of holding the same, and they shall contain a statement of the objects of ORDINANCES. 121 the meetings. They shall be signed by the city clerk, and shall be served by any constable of the city, by posting copies thereof in not less than four public places in each precinct, and by publishing the same in any newspaper published in the city, as the board of aldermen may direct, such service to be made seven days at least before the time of holding such meetings. The constable to whom any warrant shall be delivered for service shall duly return the same, with his doings thereon, to the mayor and aldermen, if it be for calling a general meeting, otherwise to the warden of the precinct named therein. In all warrants for calling meetings of the citizens of the several precincts, the time of opening and closing the polls shall be prescribed. SECT. 4. At all meetings of the citizens of the state, several precincts for the election of national, district, county, city and ward officers, the polls shall be opened not later than nine o'clock in the forenoon, and they shall not be kept open after the hour of sunset, but in no case shall they be closed earlier than two o'clock in the afternoon. SECT. 5. In Opening and closing polls. case of a vacancy in the office of Form of war. mayor, or whenever it becomes necessary for the board of aldermen to issue warrants, the last two rants in case of vacancy in onfice of mayor. 122 MUNICIPAL REGISTER. clauses in said warrants shall be varied so as to read as follows, viz.: Witness, , President of the Board of Aldermen of our said City of Gloucester, on this day of , in the year of our Lord one thousand eight hundred and By order of the Board of Aldermen. , City Clerk. IN COMMON COUNCIL, December 4, 1885. Passed a first and second reading. Amended as within, and as amended, passed to be enrolled. Sent up for concurrence. A. F. STICKNEY, Clerk. IN BOARD OF ALDERMEN, Dec. 15, 1885. Passed first and second readings and to be enrolled in concurrence as amended. JOHN J. SOMES, Clerk. IN COMMON COUNCIL, December 29, 1885. Passed to be ordained. JOHN Q BENNETT, President. 123 ORDINANCES. IN BOARD OF ALDERMEN, Dec. 29, 1885. Passed to be ordained. JOHN S. PARSONS, Mayor. Attest: JOHN J. SOMES, city Clerk. Gity of Gloucester. IN THE YEAR EIGHTEEN HUNDRED AND EIGHTYSIX. AN ORDINANCE Amending Chapter Five, Section Nineteen, of the Revised Ordinances, Relating to the City Engineer. Be it Ordained by the City Council of the City of Gloucester, as follows: SECTION I. Chapter five, section nineteen, of Revised Ordinances amended. SECTION I. Section nineteen of chapter five ofAmendmentof the Revised Ordinances of the City of Gloucester is hereby amended by inserting the following words out and established by the after the words, city council," namely: "laid "And whenever any street is so laid out and established by the city council as and for a public street or way of the said city, said engineer, under the direction of the committee on highways, shall proceed to the construction of such street or way, in accordance with the plan and order for the laying out of such street, first giving due notice to all chap. 5, sect. 19, of Revised Ordinances. 126 Engineer to report cost of construction. MUNICIPAL REGISTER. owners of property affected by said layout to remove their trees, fences and other property which may obstruct the building of such street or way of the said city; and when such street is completed in accordance with plan and order laying out the same, said engineer shall report the same, with cost of construction, to the city council." May 25, 1886. Passed first and second readings and passage to be enrolled. Sent down for concurrence. JOHN J. SOMES, Clerk. IN BOARD OF ALDERMEN, 1886. Received first and second reading, and passed to be enrolled in concurrence. tem. JOHN D. WOODBURY, Clerk IN COMMON COUNCIL, May 25, pro IN COMMON COUNCIL, June I, 1886. Passed to be ordained. JOHN H. McCORMACK, President. IN BOARD OF ALDERMEN, June 8, 1886. Passed to be ordained. JOHN S. PARSONS, Mayor. Attest: JOHN J. SOMES, City Clerk. (ity of Gloucester. IN THE YEAR EIGHTEEN HUNDRED AND EIGHTYSIX. AN ORDINANCE Relating to the Weekly Payment of Employes of the City. Be it Ordained by the City Council of the City of Gloucester, as follows: SECTION SECTION I. Employes of the city to be paid weekly. Other claims, except interest, etc., to be paid monthly. 2. When pay roll shall be made up. SECTION I. 3. Claims, except pay-rolls of employes, to be presented monthly. 4. Repeal of inconsistent ordinances. From and after the first day of July in the year one thousand eight hundred and eighty- Emnployesof city to be paid weekly. six, all employes of the city shall be paid on Monday of each week. All other claims against the Other claims payable city, excepting interest, executions and payments monthly. on contracts, shall be payable on the third Monday in each month, unless either of said days be a holiday, in which case the payments shall be made on the following day. SECT. 2. The pay roll of the different depart- ments shall be made up to the Saturday night, and Payroll. MUNICIPAL I28 REGISTER. all other claims up to the last day of the month, next preceding the Monday before the days upon which payments are to be made. Claims to be presented monthly. Repeal of inconsistent ordinances. SECT. 3. All claims against any of the depart- ments of the city, excepting the pay rolls of employes, must be presented at the office of the auditor on or before the first day in each month. SECT. 4. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. May 25, 1886. Passed first and second readings and passage to be enrolled. Sent down for concurrence. JOHN J. SOMES, Clerk. IN BOARD OF ALDERMEN, 1886. Passed first and second readings and passage to be enrolled in concurrence. JOHN D. WOODBURY, Clerk pro ternm. IN COMMON IN COMMON COUNCIL, COUNCIL, May June 25, I, 1886. Passed to be ordained. JOHN H. McCORMACK, President. IN BOARD OF ALDERMEN, June 8, 1886. Passed to be ordained. JOHN S. PARSONS, Mayor. Attest: JOHN J. SOMES, City Clerk. INDEX. Page Numbers preceded by the letter C refer to the City Charter. A Assessors of taxes, compensation c.I9; I IO PAGE Act of incorporation to be void unless accepted by citizens, c.27 to go into effect on its passage, c.27 Acts, inconsistent, repealed, c.25 Administration of city affairs, in whom vested, c. 4 Aldermen, board to consist of eight members, c.4 election of, c.5, note, c.8, c.27 how notified of election, c.8, note, c.io how organized, c.io majority to constitute quorum, c.5 may elect president pro tempore, c.si may grant licenses to keep swine, 107 may grant use of sidewalk for building purposes, 64 mayor may call, special meetings, c.12 meetings to be public, c.i5 one to be elected from each ward, c.7 quorum of, c.5 to be residents of ward where elected, c.8 to be sworn in joint convention, c.Io to examine records of elections, c. 9 to hold office one year, c.8 to keep records of proceedings, c.iI to investigate dharges against police officers, 96 vacancies, how filled, c.i i Amendment of chap. 5, sect. 19, 125 Annual report of receipts and expenditures of city to be published, c.i5 Appointments by mayor and aldermen, how made, c.s5 Appropriations, exhausted, to be reported to city council, 34 Ashes not to be kept in wooden vessels, 51 Assistant assessors, compensation of, how chosen, vacancies, how filled, PAGE of, Assessors of taxes, duties of, how chosen, organization of, vacancies, how filled, lo8 C.IO IOS c.19 B Ball playing in streets prohibited, 66 Bathing in nude state in view of street prohibited, 70 Betterments, statutes adopted relating to, 74 Board of health, compensation of, 56 how constituted, 55 may call on certain officers for assistance and advice, 57 may make regulations for interment of dead, i5 organization of, 56 powers of, 56 shall make annual report to city council, 57 powers vested in city council, c.24 Bonfires, regulations concerning, 50 Boxes not to be placed on sidewalks, 72 Buildings, aldermen may cause numbers to be affixed to, i form of application for permit to remove, 9 how constructed in fire limits, 8 license required for wooden additions to, in fire limits, S not to be removed without permit, 9 notice of intention to erect to be given to aldermen, 9, 64 persons authorized to remove, iO remaining in street over night to be lighted, Ii wooden, not to be moved into fire limits, 8 c.20o; IoI 3 c.20o By-laws to be called ordinances, c.2I to be made by city council, c.z22 INDEX. 130 PAGE PAGE C 86 Captain of night patrol, duties of, 67 Carriages not allowed on sidewalks, 66 not to obstruct streets, 66 Cellars adjoining street to be fenced, Children between ages of seven and fifteen years to attend school, 104 Citizens to obey orders of engineers at fires, 45 City and ward officers, removal from c.17 to cause vacancy, city removal from ward not to affect, c.17 c.i6; 20 City auditor, compensation of, 19, 20 duties of, 19 shall make report annually, 32 to examine bills against the city, to report exhausted appropriations to city council, 34 to submit bills to committee on 33 accounts, c.16; 16 City clerk, compensation of, c.17 ; i6 duties of, c.i6 how elected, office hours of, 17 shall act as clerk of joint standing 17 committees, 16 shall have care of city records, 16, 61 shall keep record of streets, shall keep records of general meet16 ings of citizens, c.I7 to be sworn, c.17 to be clerk of aldermen, 13 to grant permits for burials, 8o to issue licenses, to keep list of sidewalks, sewers 72 and drains, to k eep record of intentions to 9 build, to pay money collected to city 35 treasurer monthly, City council may establish fire limits, c.z5 c.22 make by-laws, may c.I 5 meetings to be public, c. 5 members not to receive pay, c.5 members to be sworn, members not eligible to offices of c.15 emolument, c.4 of what to consist, to cause receipts and expenditures c.15 of city to be published annually, c.i7 to elect subordinate officers, to have care of city buildings and c.i5 city property, c. 4 to hav government of city, to have powers of board of health, c.24 c.2i to lay out streets, to meet for organization on first c.io Monday in January, City council to make appropriations c.21 for schools, c.18 to require bonds from officers, City election, when to be held, c.5, note, c.8, c.27 23 City engineer, compensation of, 22 how elected, 22 duties of, to report cost of construction of 126 streets, c.14 City marshal, how appointed, may assign stands for hacks, etc., 67 c.i4 may be required to give bonds, may designate acting marshal in 84 case of absence, may designate officers as special 85 detectives, may employ special officers and 84 constables, office of to be furnished with cer99 tain books, shall keep record of certain places, 85 shall keep record of persons ar84 rested, shall pay money collected to city 35 treasurer monthly, 85 shall prepare police pay-roll, 84 shall receive complaints, 83 shall report monthly to mayor, to be executive officer of police de83 partment, 83 to have entire control of officers, 20 City messenger, compensation of, duties of, 20, 21 20 how elected, 21 may employ assistance, 21 shall let City Hall, c. 4 of Gloucester established, City City officers, election of, c.5, note, c.8, c.27 c.26 first election of, City physician, compensation of, c.I6; 25 25 duties of, c.i6 how elected, not required to attend small-pox 25 patients, 28 City seal, device of, c.16; 24 City solicitor, compensation of, 23 duties of, c.16 how elected, 23 qualifications of, 23 not to hold other city office, City treasurer, books of, to be exam35 ined quarterly, c.16; 17 compensation of, 17 duties of, c.16 how elected, 18 office hours of, 17 to give bonds, INDEX. .PAGE '3' PAGE Claims against the city to be presented Constables may be required to give monthly, 127 bonds, c.14 Claims not exceeding $200 may be setto be appointed by mayor and altled by committee on claims, 30 dermen, c.14 Coal holes in sidewalk, license required for, 69 to be kept closed when not in use, 69 Coasting in streets prohibited, c.22 66 Damages by laying out streets, Dead bodies, board of health to make Collector of taxes, compensation of, regulations for interment of, 15 c.i6; 17 permit to be obtained for interment duty on delinquent taxes,. io 9 or removal, Committee on accounts, appointment 13 when interment may take place, of, 13 32 to approve claims against the city, 33 Death, notice of to be given to undertaker, Committee on claims, appointment of, 29 14 powers of, 30 Deeds given by the city to be signed by mayor, may settle claims not exceeding 31 Defective chimneys prohibited, $200, 50 30 Disorderly conduct in streets prohibCommittee on finance, to examine city ited, 60 treasurer's books quarterly, 35 Documents, how printed and bound, o100 Committee on police to have charge of property of department, 98 Committee on public property, appointment of, I1OI Election of city officers, c.5, note, c.8, c.27 may appoint janitors of school Election of ward officers, c.6, note houses, 102 Elections to be held by wards, c.23 may make rules for letting City Employes of city to be paid weekly, 127 Hall, 102 Engineers of fire department, chief to not to sell buildings or land of city cause rolls of department to be without order from city council, 102 kept and prepare pay-roll, 38 to have care of city property, 101 chief to have sole control at fires, 38 to have direction of purchases of chief to report condition of deproperty ordered by city council, 102 partment and fire losses annually, 39 Committees not to expend over $200 compensation of, c.I6 without special authority, 34, 35 constituted firewards, 45 Common council, how organized, c.io duties of, 37, 39 meetings to be public, c.I5 how elected, c.i6 members to be sworn in convenin absence of chief, who to have tion, c.io authority, 38 quorum of, c. 5 may make rules, 37 special meetings may be called by may order destruction of building mayor, c.12 to prevent spread of fire, 45 to consist of twenty-four members, c.4 may order removal of combustible to keep record of proceedings, c.1i 48 materials, vacancies, how filled, c.ii number of, c.16; 36 Common councilmen, election of, organization of, 27 c.5, note, c.8, C.27 powers and duties of chief, 38 c.8, note how notified of election, to appoint secretary, 37 three to be elected in each ward, c.7 to examine dangerous places, 48 to be residents of ward where to keep reservoirs filled, 39 elected, c.8 to make repairs on apparatus and to hold office one year, c.8 buildings, 39 Concurrent orders, etc., may be passed Engine houses, boys not allowed in, 46 over veto by two-thirds vote, c.i3 doors to be kept closed, 46 if not returned by mayor within 46 gambling by to be used in, prohibited, ten days to be in force, firemen only, c.i3 46 to be presented to mayor for apEngines, furnaces and boilers, statutes proval, C.13 adopted relating to, 32 132 INDEX. PAGE PAGE used in fire department may work on highways, to be under control of committee on fire department, Huntress Fund, how constituted, False alarms of fire, 47 Fence viewers, how appointed, 27 Fences not to be defaced, 69 Field drivers, how appointed, 27 Financial year, 34 Fines to be paid into city treasury, c.23 Fire alarm telegraph, consent required Ice on sidewalks to be made safe, before cutting or removal, Inspectors, duties of, Fire department, causes of discharge Inspector of milk, compensation of, from, 41 duties of, companies, how constituted, 40 to be sworn, companies may adopt constitution when appointed, 42 and by-laws, Intelligence offices, keepers of to be compensation of, 46 licensed, discharged members, how reincity marshal to keep record of, 42 stated, duties of company officers, 43 duties of firemen in case of fire, 44 how constituted, 36 41 Job wagons, stands may be assigned members to wear badges at fires, for, powers vested in selectmen to be Junk shops, keepers of, to be licensed, transferred to mayor and alderkeepers of, may be licensed to use men, c.24 boats or wagons, 40 qualifications of members, keepers of, to keep record of purrecord of removals to be kept, 42 chases, removal from city to cause dispurchases not to be made from 40 charge, minors, 41 transfer of Iqembers, may be examined by aldermen, Fire limits, city council may establish, c.25 to be kept open in day time only, established, 7 II 45 45 52 71 c.7 26 26 26 26 78 85 J wooden buildings not to be moved into, Fire not to be carried open in streets, Firearms, discharge of, prohibited, Frightening horses in streets prohibited, Fruit stands in streets to be licensed, Fuel not to remain in streets over night, 8 51 70 Licenses, provisions of chapter to be incorporated in, revocation of, 69 69 when to expire, 76 77 77 76 76 8o 8o 8o 66 G Games of chance in streets prohibited, 68 Gates not to swing into streets, 65 27 Gaugers of oil, how elected, c.24 General meetings of citizens, form of warrants for, 120 shall be called if fifty voters rec.24 quest, 65 Grates not to project above sidewalk, 13 Graves, depth of, 13 not to be opened without permit, H Highways, see Streets. Horses notto be tied to trees in streets, 67 75 70 c.ii Mayor, duties of, may call special meetings of alc.12 dermen or common council, may discharge mortgages with 31 assent of aldermen, may remove officers with consent c.I of appointing power, c.i2 salary of, shall preside in board of aldermen, c.I2 to approve of orders of city council or return the same with obc.I jections, 3 to be chief executive officer of city, c.ii to be elected by the voters at large c.7 and hold office one year, 33 to draw warrant for pay-rolls, 31 to sign deeds given by city, INDEX. 133 PAGE PAGE Patrolmen shall wear uniform, 97 to be sworn, 87 to follow no other business, 87 to report at police station, 84 to wear badge, 87, 96 Pawnbrokers, not to receive articles from minors, 79 to be licensed, 78 to give bonds, 78 to keep records, 78 Persons not to obstruct doorsteps, 73 not to obstruct sidewalks, 73 not to stand in groups on sidewalks, 73 Police, mayor and aldermen to appoint, c.14 mayor and aldermen to fix salaries, c.15 Police department, business of to be kept private, 97 complaints against members of, 96 how constituted, 83 members leaving to return city property, 96 members not to belong to fire department, 97 members not to accept gifts from certain persons, 95 74 members to have fourteen days vacation, 98 pay of officers disabled, 98 Polls, hours of opening and closing, 21 71 without con5 Posting notices forbidden sent of owner of property, 99 3 Pound keepers, how elected, 27 5 President of common council, election 4 Mayor and aldermen, appointments c.Is by, how made, executive power of city vested in, c.14 meetings, not executive, to be public, c.I5 to appoint city marshal, police officers and constables, c. to have powers of selectmen, c.i 4 to issue warrants for meetings, c.7 c.23, note to prepare voting lists, Measurers of wood and bark, how elected, 27 Meetings of citizens to be held on request of fifty voters, c.24 of city council, not executive, to be public, c.15 Money not to be paid from treasury unless authorized by city council, c.17 on contracts, when and how advanced, 33 Municipal election, time of, c.5, note, c.8, c.27 Municipal year, beginning of, c. 5 14 N Names of streets, O Offal not to be placed on sidewalk, Ordinances, construction of, enacting clause, penalty for violation of, repeal of previous, 6 to be engrossed, 6 to be printed with annual reports, 6 to be published in newspaper, 4, 6 when to take effect, Overseers of the poor, to make report annually, Si books of may be examined, 8i clerk of, compensation of, c.I8S how elected, c.i8 mayor to be ex officio chairman, c.i8 to organize on third Monday in January annually, c.x8 vacancies, how filled, c.i8 81 P of, c.IO Printing, bills for to be approved by committee on printing, 1oo of uncompleted documents, 1o required by city, how to be done, ioo Profane language in streets prohibited, 69 Public library fund, how constituted, 52 trustees of, duties of, 52 trustees of, how elected, 52 trustees of, to report annually, 53 Public Statutes, adoption of chap. 33, sects. 1-24, 81 adoption of chap. 50, sects. 20--24, 74 adoption of chap, 5, 74 adoption of chap. 1o2, sect. 40-48, 32 adoption of chap. 104, 7, 50 Q Patrolmen, duties of, 87-96 duties in case of fire, 98 Quorum, majority required for, not to engage in conversation, 97 punishment for certain offences, 95 R o R punishment for sleeping on duty, 97 qualifications of, 86 Rate of travel in streets, c.5 67 I4, INDEX. PAGE Removal of buildings, bond to be given, form of application for permit, permits for, to whom granted, superintendent of highways to approve route, Removals from office, form of procedure, Repeal of previous ordinances, Reservoirs to be kept filled by engi. neers, o0 9 Io Io 28 4 39 Sanders temperance fund, how constituted, 53 trustees of, duties of, 54 trustees of, how chosen, 53 trustees of, to report annually, 54 under care of School buildings to be committee on public property, IoI janitors of to be appointed by com102 mittee on public property, c.2o School committee, how elected, mayor to be chairman ex officio, c.2o to be judges of necessity of in. creased school accommodations, 103 to elect teachers and fix salaries, 103 to present estimate of school expenses to committee on finance, 103 c.2o to serve without pay, c.2i vacancies, how filled, Schools, city council to make approc.21 priations for, Second-hand articles, dealers in to be licensed, 75 dealers in second-hand books and 78 furniture exempt, Sealer of weights and measures, ap27 pointment of, 27 compensation of, 27 duties of, Selectmen to divide town into eight c.5 wards, to issue warrants'for first election, c.26 Shade trees, consent of aldermen reII quired before cutting, 71 Snow to be removed from sidewalks, Streets, city clerk to keep record of, 16, 61 c.21 city council to lay out, city engineer to keep record of 22 surveys of, duties of committee on highways 59, 60o on petitions for layout of, mayor and aldermen to first act on layout, c.22 notice of hearing on layout to be given, 61 PAGE Streets not to be dug up without permit, 64 65 obstructions in to be lighted, petitions for laying out, how presented, 59 remedy for parties aggrieved by c.22 estimate of damages, 62 unsafe, to be fenced and lighted, width of, established, 59 Street lights, duties of committee on, lo6 committee on, may employ perso6 sons to light lamps, etc., Street signs, injury to prohibited, 70 superintendent of highways to report injury of to city marshal, 70 Subordinate officers, compensation of, c.15, c.17 election of, c.x7 Superintendent of highways, c i t y council may elect one or more, c.16 c.16 compensation of, 62 duties of, how elected, c.i6 to approve route for moving building, IO to deliver bills for property sold, etc., to city treasurer, 63 to prepare pay-roll, 63 to report damage to street signs to city marshal, 70 Surveyors of lumber, how elected, 27 Swine, keepers of to be licensed, so7 penalty for keeping without li107 cense, slaughtering in streets forbidden, 107 Swinging signs, permission of aldermen required for, 68 Taxes, discount allowed on, how assessed, interest to be charged on delinquent, list of, when to be delivered to collector, Telegraph and telephone poles, aldermen to locate route, aldermen may order removal of, company erecting to file bond, permit for erection required, Telegraph wires, aldermen may order placed under ground, Town divided into eight wards, Toy pistols and cannon, sale or use of prohibited, Truant officers, duties of, lo 9 x.19 1o9 lo8 1o 112 .112 sso 113 c. 5 114 105 135 INDEX. PAGE PAGE Truants, habitual, defined, place of confinement for, Tufts charity fund, how constituted, trustees of, how elected, trustees of, duties of, trustees of, to report annually, ndertakers, how appointed, notice of death to be given to, to make returns to city clerk, 104 W 105 54 Wards, boundaries of, 87 55 when city council may make new 55 division, c.5 55 Ward clerks, duties of, c.6 Ward officers, compensation of, c. 7 election of, c.6, note removal from ward not to cause 2 14 14 W ardens,duties of, form of for calling general meetings, form of in case of vacancy in ofVeto, not to extend to election of offifice of mayor, cers, c.13 how issued and served, c.9; two-thirds of both branches may Watering streets, license required for, pass order over veto, c.13 Weighers of coal how elected, Voting lists, how made out, c.23, note Weighers of hay, how elected, to be posted in each ward, c.24 Wells in sidewalk to be enclosed, V c.6 Warrants, form of for calling ward meetings, I9 120 122 120 72 27 27 65 This book is a preservation facsimile produced for the University of Illinois, Urbana-Champaign. It is made in compliance with copyright law and produced on acid-free archival 60# book weight paper which meets the requirements of ANSI/NISO Z39.48-1992 (permanence of paper). Preservation facsimile printing and binding by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2010