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any person or persons as above specified who shall neglect or refuse to notify the proper authorities as above specified and designated of the existence of any contagious or deadly disease that may have been brought to his knowledge shall be guilty of a misdemeanor, upon conviction thereof, shall be fined in a sum not less than ten nor more than one hundred dollars, or be imprisoned or worked on the public roads not less than ten or more than ninety days, or both, at the discretion of the court.
Sec. 3. Be it further enacted, etc., That any person who willing hinders, obstructs or otherwise disregards or evades such sanitary regulations as provided for in this act, or violate any of the rules and regulations that may be enacted in any of the parishes as herein authorized for the restriction and stamping out of any disease among live stock as aforementioned, or who shall resist the orders of th' parish live stock commission or any officer acting under authority of same in the discharge of their duty shall be guilty of a misdemeanor, and upon conviction, shall be punished in the same manner as provided in the preceding section.
Sec. 4. Be it further enacted, etc., That any person who know. ingly shall bring into any parish of this State of Louisiana any animal affected with any contagious disease such as glanders, farcy or any animal which has been exposed to any such disease shall be guilty of a misdemeanor, and on conviction of same shall be fined in a sum not less than one hundred nor more than five hundred dollars, with the addition of all damage that may have occurred in consequence of such importation.
Sec. 5. Be it further enacted ,etc., That this act be enforced from and after its passage and that all laws in conflict herewith are repeale 1.
Approved July 12th, 1894.
ACT NO. 45 OF 1896.
(As amended by Act No. 40 of 1898; Act No. 84 of 1898; Act No. 39 of 1900; Act No. 44 of 1902; Act No. 110 of 1902; Act No. 131 of 1902; Act No. 216 of 1902, and Act No. 200 of 1904.)
Excerpts from Charter City of New Orieans.
To incorporate the City of New Orleans; provide for the government and administration of the affairs thereof; and to repeal all acts inconsistent or in conflict therewith.
Sec. 14 (Amd.). The Council shall havė power and it shall be their duty to pass such ordinances, and to see to their faithful execution, as may be necessary and proper:
1. To preserve the peace and good order of the city.
(b) To provide for the inspection and cleanliness of all vaults, privies, yards, pools, markets, cemteries.
(C) To regulate the location of and inspection and cleansing oi dairies, stables, cattle yards, landings and pens, slaughter-houses, soap, glue, tallow and leather factories, depositories for hides, blacksmith shops, forges, laundries, oyster shops and all places of business likely to be or become detrimental to health or comfort, and to adopt such ordinances and regulations as shall be necessary or expedient for the protection of health and to prevent the spread of disease and to main. tain a good sanitary condition in the streets, public places and buildings, and on all private premises.
The Common Council shall provide for the frequent inspection of all premises by persons to be designated either by the Common Council or by the Board of Health in the city; they shall also prescribe what water supply shall be provided by the owners of private premises, and that all premises, yards, streets and alleys shall be kept in a cleanly condition; shall provide for the punishment of any violation of such ordinances or regulations, by fine or imprisonment, or both; and all such fines, when recovered, shall be paid over to the Board of Health, to assist in its maintenance.
(d) To suppress all nuisances.
(e) To prevent the sale of adulterated or decayed food, and punish the same; to punish the sale of adulterated drinks.
3. To open and keep open and free from obstructions all streets, public squares, wharves, landings, lake shore and river and canal banks.
4. To keep the streets and crossings and bridges and canals and ditches clean and in repair.
5. To adequately provide for the maintenance of an efficient police force and fire department.
6. To light the streets, wharves, landings and public squares.
8. To maintain levees, dikes, and to prevent the city from overflow, and to provide for the drainage thereof unless otherwise provided by law.
(As amended by Act No. 216 of 1902.)
1. To order the ditching, filling, opening, widening, and paving of the public streets, and to regulate the grade thereof, and by a two-third vote, to sell or change the destination of any street or pron erty which is no longer necessary for the public use to which it was originally destined, and which is needed for public buildings or public utilities owned by the United States, the State of Louisiana or the City of New Orleans or for the establishment of a railway union depot.
2. To regulate the public cemeteries, to order the manner of con. ducting the same and to order the closing of same.
3. To compel the owners of any lot or lots to fill the same to a grade above the grades of the streets, and to construct drains or gutters.
4. To improve and embellish the public squares and parks and places.
5. To compel the owners of property and tenants to keep their sidewalks in front of such property clean and in repair.
6. To prevent explosive and dangerous substances from being stored or kept in dangerous quantities in the city, to designate the places where such dangerous articles may be stored, and to regulate the manner of hauling and keeping explosive substances.
7. To determine within what limit wooden buildings shall not be erected, and to prevent the reconstruction in wood of old buildings within such limits.
8. To regulate the safety, height and thickness of the walls and structures.
9. To determine what animals shall not be permitted to rove iu the limits of the city, and to cause them to be killed or to be confined and sold, when found to be roaming at large.
10. To regulate the police of theatres, public halls, dance houses, concert saloons, taverns, hotels, houses of public entertainment, shops for retailing alcoholic liquors, houses of prostitution and assignation and to close such houses from certain limits and shall have power to exclude the same, and to close houses and places for the sale of intoxicating liquors when the public safety may require it, and to authorize the mayor and police to close such places.
11. To close all gambling houses and to expel from the city, and to imprison all bunco men, lottery men, common cheats and swindlers, beggars and dangerous and suspicious characters.
12. Have the power to authorize the use of the streets for rail. roads operated by horse, electricity, steam or motive power, and to regulate the same; to require and compel all lines of railway or tramway in any one street to run on and use one and the same track and turn-table, to compel them to keep conductors on their cars and compel all such companies to keep in repair the street bridges and crossings through or over which their cars run.
13. To lay off or sell in lots or squares so much of the batture from time to time as may be required for public purposes, but the right of accretion or to future batture shall never be sold.
14. To establish jails, houses of refuge, reformation and correc. tion and make regulations for their government; to construct, maintain and operate belt railroads and other public utilities; and, to exercise general police power in the City of New Orleans.
(As amended by Act No. 131 of 1902.)
Sec. 19. The Council shall fix the compensation of every officer of the city, or of the State, whose services are by law to be paid by the City of New Orleans, except such whose salaries are hereby fixed in this act, and regulate the number and compensation of all persons on the pay-roll of the City of New Orleans.
Sec. 32. (Amd.). The Commissioner of Public Works shall have general charge and superintendence of all matters relating to water works, railroads, levees, weights and measures, manufactories, streets, sidewalks, pavements and wharves; the construction, cleansing and repair of the same; the construction and repair of bridges and drain. age and hygiene of the city in so far as the same may be compatible with the laws and duties of the Board of Health and shall be vested with and perform such other functions as may be prescribed by said council. He shall report to the mayor, in detail, the working of his department; he shall cause to be made from time to time, and at least quarterly, a detailed statement to be submitted to the council, stating the condition of the streets, from curb to curb, including the bottoms and grade of the gutters along which tracks are laid or railroads cross or pass; also the condition of the bridges, wings and crossings, whether the same be of iron or wood; also whether the grade of such railroad tracks, bridges and crossings are level with the surface of the street, also whether the natural drainage of any gutter is impeded by bridges or culverts over which said tracks are laid, being too low or high, or for want of iron cross pieces being used for bridges in lieu of wood, or whether such natural drainage is impeded for want of bottom in bridges or whether such bottoms of bridges required to be lowered or raised. He shall, before entering upon the duties of his office, give bond in the sum of twenty-five thousand dollars, with good and solvent security as shall be approved by the Council, conditioned for the faithful performance of his duties. He shall receive an annual salary of four thousand dollars.
(As amended by Act No. 40 of 1898, and Act No. 216 of 1902.)
Sec. 33 (Amd.). The Commissioner of Police and Public Buildings shall, in so far as the Council may have authority, have in chargo the House of Refuge and Correction, Pounds and Cemeteries, and shali be vested with and perform such other functions and duties as may be prescribed by the Council; provided that no authority or duty herein conferred or imposed upon said department, or upon the Council, shal: conflict with or impair any of the powers, duties and rights conferred by this act upon the mayor; he shall have the general superintendence of the school houses, markets, siaughter houses, prison and police stations and jails, work houses. sylums, hospitals and all courts and public buildings, except the City Hall, which shall be under the control of the Mayor and the several executive officers. He shall appoint a Superintendent of Fire Alarm and Police Telegraph, whc shall be a competent electrician, at a salary of twentv.five hundred dollars ($2,500.00) a year; also, he shall further appoint subject to and in accordance with the rules and regulations prescribed by the Board of Civil Service Commissioners, such telegraph operators, linemen, batterymen and messengers, at such salaries as the Council may desig. nate; he shall be vested with and perform such other functions and duties as may be prescribed by the Council; he shall report to the Mayor monthly the full details and workings of his department; he shall before entering upon the duties of his office, in addition to the oath required, give bond in the sum of twenty-five thousand dollars, with good and solvent security, as shall be approved by the Council conditioned for the faithful discharge of his duties; he shall receive an annual salary of four thousand dollars.
(As amended by Act No. 39 of 1900; Act No. 44 of 1902; Act No 216 of 1902.)
Sec. 34 (Amd.). The City Engineer shall be a civil engineer, in good standing, who shall have practiced his profession for at least five years prior to his election; he shall receive an annual fee of five thousand dollars ($5,000.00). He shall furnish the City Council and proper authorities of the city, when so ordered, with all the plans and estimates and other information appertaining to his department which such Council or executive officers may require. He shall superintend the construction of all public works and report after the completion of the same the manner in which the works have been executed, and shall perform such other duties as the Council may direct. He shall have charge, supervision, and direction, of all repairs to street and sidewalk pavements that were constructed under contracts and the maintenance of which by the constructors has expired. He shall give all lines and grades for all sidewalks, streets, railroads and other works authorized by the Council, for which services no charge shall be made. He shall establish and keep up to date a platted record, in book form, on a suitable scale, of the subdivision of each and every block in the city as far as it is practicable from the information in his possession and from the reports made to him by the deputy surveyors of their transaction.
(As amended by Act No. 110 of 1902 and Act No. 200 of 1904.)
Sec. 70 (Amd.). In all appealable cases the testimony shall be taken down verbatim, but the stenographic notes need not be written out unless an appeal be taken, in which case the testimony shall be written out and signed by the recorder and by him forwarded with the record of the appellate court. No appeals shall be allowed except when taken on the day of sentence, and in all appeals the procedure shall be as nearly as possible the same as in cases of appeals from the city criminal courts.
(As amended by Act No. 34 of 1898.)
Sec. 72. The Recorders shall be removed for any of the causes enumerated in Article 196 of the Constitution, in the manner provided in Article 201 of the Constitution.
Sec. 73. Recorders shall have the jurisdiction of committing magistrates, and to enforce all valid city ordinances, and to try, sentence and punish all persons who violate same. They and their clerks shall have power to administer oaths, and the Recorders shall have power to compel witnesses to appear and testify; and to punish for contempt, provided such contempt be committed in open court, and punishment thereof shall not exceed twenty-five dollars fine or twenty-four hours in jail.
Approved July 7th, 1896.
ACT NO. 114 OF 1896.
As amended by Act No. 63 of 1898 and Act No. 72 of 1900.)
To provide for the drainage of the City of New Orleans; to establish
the Drainage Commission of New Orleans; to provide ways, means and funds for such drainage; to provide for the issue and pay. ments of bonds and to direct the co-operation of the Board of Commissioners of the Orleans Levee District:
Section 1. Be it enacted by the General Assembly of the State of Louisiana, That a board is hereby established to be called the Drainage Commission of New Orleans, which shall be composed as follows, to-wit: Of the Mayor of New Orleans, the chairman of the Council Committees of Finance, of Budget and of Water and Drainage, of the president of the Board of Commissioners of the Orleans Levee District, and two other members of said board, selected by it; of the President of the Board of Liquidation of the City Debt of New Orleans, and one other member of said board to be selected by it, being nine members in all; and said commission, by its said name, shall have all the powers and succession of a body politic and corporate.
Sec. 2. Be it further enacted, etc., That said commission shall organize by selecting one of its members as president and some competent person as secretary. It shall have power to make by-laws and rules for its own government, and to define the duties of its officers and committees, and to change the same by a vote of two-thirds of its members. It shall hold regular meetings on such days as it may determine, and shall call special meetings, as may be provided for in its by-laws. All meetings of said commission, or any committee, or special committees it may appoint, shall at all times be open and public, and its books, papers, documents and records shall be public records.
And it is hereby made the duty of the government of the City of New Orleans to provide suitable offices for said commission, wherein its meeting shall be held and its books, papers, documents and records shall be kept.
Sec. 3. Be it further enacted, etc., That that portion of the funds in the hands of the Board of Liquidation under the provision of sections 6 and 10 of Act No. 110 of the General Assembly of Louisiana of 1890, accruing to public works, etc., from January 1, 1898, is hereby dedicated and applied to the purposes of this act; and all moneys and funds now under the control of the City of New Orleans and hereafter to be received, arising from the sale of street railroad franchises or other franchises, are also hereby dedicated and applied to the purposes of this act.
All moneys or funds thus hereby dedicated shall be drawn and expended by said Drainage Commission by checks signed by the president and secretary and countersigned by the mayor.
Sec. 4. Be it further enacted, etc., That said commission shall have full power to control and execute the drainage of the City of New Orleans, and may proceed to execute and carry out substantially the plan for such drainage, adopted by the Council of said city, by Ordi