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General Duties and Compensation of Officers ; Ordinances.

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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 fagmen 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

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days after the granting thereof, to show cause why such person should not be permanently enjoined from violating such ordi. nance. 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 appearş 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.

General Duties and Compensation of Officers ; Ordinances.

$ 90

ing, fence, awning, sign, sign-board, tree, shrubbery or other or. namental 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

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for, or for hotels ; auctioneering, hawking and peddling, except the peddling of meats, fish, fruit and farm produce.

2. The doing of a retail business in the sale of goods of any description, from canal boats, in the canals, or from the lands by the side of such canals and within the boundary lines thereof, within the limits of the village, except products of the farm and unmanufactured products of the forest.

3. Circuses, theatres, or other exhibitions or performances, the keeping of billard saloons, bowling alleys, shooting galleries, and other similar places of amusement, for money or hire; or the giving of exhibitions, performances or entertainments in any place where liquor is sold or drunk under a liquor tax certificate.

4. The use of any public hall or opera house ; but such place shall not be licensed unless it has suitable and safe means of ingress and egress in case of panic or fire.

If any such trade or occupation shall be so prohibited, the board of trustees shall establish uniform fees for licenses therefor, and the president of the village shall issue a license specifying the fee to be paid therefor, to such persons as he shall deem fit and proper for such trade or occupation, but such license shall be refused for any of the occupations in the third subdivision above specified, which shall, in the judgment of the president, be likely to disturb the peace and order of the village, or be immoral or improper. Every such license shall be countersigned by the clerk of the village, who shall keep a record thereof and of the amount of the fee to be paid therefor; and upon presentation of such license to the treasurer of the village, so signed and countersigned, and the payment to the treasurer of such fee, the treasurer shall indorse thereon his receipt of the license fee. The license shall not take effect, until the receipt of the treasurer shall have been indorsed thereon. Any applicant, who shall have been refused such license by the president, may apply to the board of trustees therefor at a meeting thereof; and the same may be granted or refused by the board. The president may suspend any such license, until the next meeting of the board of trustees, and thereupon the said license may be revoked or continued by the board.

§ 91. Definition of village ordinances.—A village ordinance includes also a rule, by-law, order or regulation of the board of trustees, or of the board of fire, water, light, sewer or cemetery commissioners, approved by the board of trustees, for the violation of which a penalty is imposed ; and each provision of this

General Duties and Compensation of Officers ; Ordinances. SS 92-94

chapter, relating to the enforcement of an ordinance applies to such a rule, by-law, order or regulation.

$ 92. Violation of ordinances. --The board of trustees of a village may enforce obedience to its ordinances by prescribing therein penalties for each violation thereof, not exceeding one hundred dollars for any offense. In addition to the penalty the board may also ordain that a violation thereof shall constitute disorderly conduct, and that the person violating the same shall be a disorderly person; and such violation shall constitute disorderly conduct, and such person shall be a disorderly person. An ordinance of a village shall not declare any conduct to be disorderly conduct, or that the person violating the same shall be a disorderly person, if any statute of the state shall declare such conduct to be disorderly or constitute the person a disorderly person. Every such ordinance shall be void in so far as it violates the provisions of this section.

$ 93. Approval by board of ordinances of separate boards. -An ordinance adopted by the board of fire, water, light, or cemetery commissioners for the violation of which a penalty is imposed, must be approved by the board of trustees. Upon its adoption such an ordinance must be certified to the board of trustees, and upon its approval becomes an ordinance of the village with the same force and effect and enforceable in the same manner as if it had been originally adopted by the board of trustees.

$ 94. When ordinances to take effect.—Every ordinance here. after adopted or approved by the board of trustees of a village, shall be entered in its minutes, and published in the official paper of the village, and also in each other newspaper actually printed in the village, once each week for two consecutive weeks, and a printed copy thereof posted conspicuously in at least three public places in the village for at least ten days before the same shall take effect, and an affidavit of the publication and posting thereof shall be filed with the clerk. But such an ordinance shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the village clerk under the corporate seal of the village, and showing the date of its pas sage and entry in the minutes.

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