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village clock and scales for the public convenience; and fix the fees for the use of such scales.

14. To act as fence viewers.-Possesses concurrent jurisdic tion with town fence viewers, and has all their powers with respect to division fences within the village.

15. Drains. May construct drains and culverts and regulate water-courses, ponds and watering places within the village.

16. Water supply.-May establish, regulate and repair public reservoirs, aqueducts, pumps, wells, fountains, and watering and drinking places.

17. Lighting streets. May provide for the lighting of the streets and the safety of the lamps.

18. Stands for vehicles.-May designate stands for hacks, carriages and other vehicles.

19. When to have powers of other boards.-Has all the powers and is subject to all the liabilities, and must perform all the duties, of a separate board of fire, water, light, sewer or cemetery commissioners, if the village has no such separate board; and in that case a provision applying to either of such boards applies to the board of trustees.

20. Banks of deposit.—Shall designate banks for the deposit of all moneys received by the treasurer, and may require of any such bank security for the repayment thereof; and may require a report by the cashier thereof to each regular meeting of the board of the amount on deposit to the credit of the treasurer.

21. Auditing bills.-Shall audit all bills and accounts and all claims for damages against the village, but no bill or account against the village for property purchased, materials furnished, services rendered, or disbursements, shall be audited or paid, nor shall an action be brought thereon unless such bill or account shall be made out in items, and properly dated, with an affidavit attached thereto by the person, or one of the persons, or an officer of a corporation, presenting or claiming the same, that the items of such bill or account are correct, that the services and disbursements charged therein have been in fact rendered or paid, and that no part thereof has been paid or satisfied by the village. The board shall cause to be entered upon its minutes the amount claimed, the amount allowed, and the fund from which each amount allowed shall be paid. No action shall be brought upon any such bill or account within thirty days from the time the same was presented to the board of trustees.

22. Parades of fire department.-May provide for the public inspection and parade of the fire department, at an annual expense, including the hiring of a band, not exceeding two hundred dollars. ← Subs. 23, added 1901,

c. 593

§ 89. Village ordinances. The board of trustees has power to enact, amend and repeal ordinances for the following pur poses:

1. Relating to peace and good order generally.--To preserve the public peace and good order; to prevent and suppress vice, immorality, disorderly and gambling houses and houses of ill-fame, riots and tumultuous assemblages, unnecessary crowds upon the streets, or in doorways or stairways adjacent thereto, or loitering about such places, and all disorderly, noisy, riotous or tumultuous conduct within the village, disturbing the peace and quiet of the village or any meeting or assembly therein.

2. Animals at large.--To restrain the running at large of horses, cattle, sheep, unmuzzled dogs, fowls or other animals, and may authorize the impounding and sale of the same for the penalty and costs of keeping and proceedings, or the killing of such unmuzzled dogs.

3. Fast driving.-To regulate or prevent fast riding or driving, or the leaving of horses untied or hitched an unreasonable time in the streets or public places, or the driving of animals on the sidewalks.

4. Amusements.--To regulate or prevent coasting, ball playing or any act, amusement or practice, endangering property or persons on the streets or public grounds.

5. Incumbering the streets; encroachments.-To regulate or prevent incumbering the streets or public grounds with any material whatever, or any encroachment or projection in, over, or upon any of the streets or public grounds, or any excavations immediately adjacent thereto.

6. Parades. To regulate or prevent all parades, exhibitions, and the parade or playing of bands of music upon the streets or public grounds.

7. Blowing of steam.-To regulate or prevent the blowing of steam into, upon or over the streets.

8. Shade trees.-To protect and preserve shade trees in the streets and public places, and to prevent the hitching of horses to such trees.

9. Poles and wires.-To regulate the erection of telegraph, tele.

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phone or electric light poles, or the stringing of wires, in over or upon the streets or public grounds, or upon, over or in front of any building or buildings.

10. Railroad crossings; speed.--To regulate the time during which cars, engines or trains may stand upon the street crossings of railroads ; to regulate the speed of locomotives and cars, subject to the provisions of the railroad law, and by a two-thirds vote of all the members of the board, to require railroad companies to erect gates at crossings, to employ competent men to attend the same, and to employ competent flagmen at such crossings.

11. Sidewalks.-To compel owners or occupants of lands to clear snow, ice, dirt and other obstructions from the sidewalk in front thereof.

12. Fireworks and firearms.-To regulate or prevent the discharge of firearms, rockets, gunpowder or other explosives, or the making of bonfires.

13. Inflammable materials.-To regulate the use of candles, kerosene, light, fires or burning materials of any kind in barns, stables or other buildings especially liable to take fire.

14. Construction of chimneys, et cetera.—To regulate the use and construction of chimneys, fire-places, stoves and heating apparatus, and the deposit of ashes, and any member of the board or any person authorized by it may enter, when necessary, in the day time any building within the village, to make an examination with reference to the evasion or violation of such ordinance.

15. Gunpowder. To regulate the storing, sale or transportation of gunpowder or other explosives within the village.

16. Fire limits.--To prevent the construction or rebuilding of wooden buildings, or the use in any building within the fire limits of materials liable to take fire. In addition to an action or proceeding to recover the penalty prescribed by the ordinances for a violation of this subdivision, the board of trustees may present a verified petition to a justice of the supreme court, or to a special term of the supreme court of the judicial district, or to the county court or the county judge of a county in which any part of the village is situated, for an order enjoining the violation thereof. Such petition shall state the facts concerning the alleged violation. Upon the presentation of the petition the justice, judge or court shall grant an order requiring such person to appear before him, or before such special term or county court, respectively, on a day specified therein, not more than ten

days after the granting thereof, to show cause why such person should not be permanently enjoined from violating such ordinance. A copy of the petition and order shall be served in the manner directed by such order, not less than five days before the return day thereof. On the day specified in such order, the justice, judge or court, before whom the same is returnable, shall hear the proofs of the parties, and may, if deemed necessary and proper, take testimony in relation to the allegations of the petition, or appoint a referee for that purpose. If it appears that such person is violating the ordinance, an order shall be made enjoining him therefrom. If, after the entry of such order in the county clerk's office of a county in which a part of the village is situated, and the service of a copy thereof upon him, or after a substituted service, as the justice, judge or court may direct, such person shall violate such ordinance, such violation shall be deemed a contempt of court, and punishable in the manner provided by the code of civil procedure. Costs upon the application for such injunction may be awarded in favor of and against the parties thereto, in the discretion of the justice, judge or court before whom the petition is heard. If awarded against the village, the costs shall be a village charge.

17. Swimming and bathing. To regulate swimming and bathing in open water, exposed to the public, within or bounding the village.

18. Improper noises. To regulate or prevent the ringing of bells, blowing of horns and steam whistles, and the making of other improper noises in the village.

19. Landing of boats; passengers. To regulate or prevent the landing within the village of excursion boats, or passengers therefrom.

20. Water-works and sewerage system. To punish all violations of the rules of the board of trustees, or of the board of fire, water, light, sewer or cemetery commissioners, which have been approved by the board of trustees, relating to the preven tion of fires, the water-works, the lighting or sewerage system, or the cemetery of the village.

21. Vulgar language or conduct.-To punish profane, vulgar or obscene language or conduct in any street or public place in the village.

22. Malicious mischief.-To punish the wilful and malicious breaking, marring, injury, removal or defacement of any build.

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ing, fence, awning, sign, sign-board, tree, shrubbery or other ornamental thing in the village, the removal from or piling up before any door or on any sidewalk or street of boxes, casks or other things, the tearing down of any notice or hand-bill lawfully posted, or inciting or inducing dogs to fight in any of the streets or public places in the village.

23. False alarm of fire.-To punish the wilful giving of a false alarm of fire.

24. Conduct at fires.-To punish insubordination or disorderly conduct at fires, the obstruction of the operations of the fire department or the wilful neglect or refusal to obey or the attempt to prevent or to obstruct the execution of the orders of the trustees or officers of the fire department.

25. Fire-escapes.-To require owners of buildings to erect fire-escapes, when necessary for the safety of occupants; and to compel the owners or occupants of a hotel, factory, theater, opera house, music hall, or other place of amusement, assembly hall, church, literary or charitable institution, to provide doors, windows, stairs, escapes or other means of egress from said buildings; and to regulate the attendance and seating therein.

26. Posting bills.--To regulate or prohibit the posting of bills.

27. Accumulation of snow, et cetera, on buildings adjacent to streets. To compel the owners of buildings adjacent to the streets to prevent the accumulation of snow, ice or water thereon, and to prevent the falling of snow, ice or water from such buildings upon the streets or sidewalks.

28. Powers as to tires on vehicles.-To prescribe the width of tires used on vehicles built to carry or carrying a weight of fifteen hundred pounds and upwards over the streets, alleys and public places of the village and provide penalties for a violation, but such ordinance shall apply only to residents of the village and non-residents regularly engaged in business therein. (As amended by chap. 391 of 1899.)

§ 90. Licensing occupations.-The board of trustees of a village may, by ordinance, prohibit the pursuit or exercise without a license, of any of the following trades or occupations within the village, to wit:

1. The running of public carriages, cabs, hacks, carts, drays, express wagons, or other vehicles for the transportation within the village, for hire, of persons or property, soliciting or running there