Streets, Sidewalks and Public Grounds.

S$ 162-163

specifying the place and manner, and the time, not less than ten days, in case of a new walk, or not less than twenty-four hours in case of repairs, within which the sidewalk is required to be constructed or repaired, shall be served upon such owners or occupants. If an owner or occupant shall not construct or repair the sidewalk as required by the notice, the board of trustees may cause the same to be so constructed or repaired, and assess the expense thereof upon the adjoining land. If a sidewalk is to be constructed or repaired at the joint expense of the village and the owner or occupant, the board of trustees may cause the same to be constructed or repaired, and assess upon the adjoining land the proportion of the expense chargeable against the same; or it may direct the owner or occupant to contribute labor or materials therefor. If the lands of a turnpike company are used as a street in a village and the company collect tolls on its road, then the expense of constructing or repairing a sidewalk on so much of the street as is owned or controlled by the turnpike company, shall be chargeable against and assessed on the turnpike company, and the owners of the adjoining land shall not be chargeable therewith. (As amended by chap. 326 of 1899.)

§ 162. Credit for flagging sidewalks.-Whenever the owner or occupant of lands adjoining a street shall, with the consent of the board of trustees, construct a sidewalk of stone, cement, brick or other similar material along the line of such land, of the width of four feet or more, and of the value of at least four dollars per lineal rod, the board of trustees shall credit such owner or occupant on account of his assessment for street taxes in such village, three-fourths of the actual and necessary expense of constructing such sidewalk; or, instead of such credit, may pay to such owner or occupant from the street fund of the current year, one-half of the cost of such sidewalk. If credit is allowed, such owner or occupant shall be exempt from taxation on account of streets in such village until the amount of the exemption equals the credit so allowed.

163. Snow and ice on sidewalks.-The board of trustees may require the owners or occupants of land fronting on sidewalks to keep them clear of snow and ice, and upon default, may cause such sidewalks to be cleared, and assess the expense thereof upon such adjoining land, or may cause the sidewalks on any street or portion thereof to be kept clear of snow and ice, and assess the expense upon the adjoining land.

§ 164. Cleaning streets.-The board of trustees may require the owners of land fronting upon the street to keep the portion of the street between the land and the center of the street cleared of rubbish or other accumulation thereon, injurious to the use or appearance thereof, and to cause all grass and weeds growing therein to be cut and removed once in each month from May to October, inclusive. If the owner of such adjoining land shall fail to comply with such requirement the board of trustees may cause such work to be done, and assess the expense thereof upon such adjoining land.

§ 165. Sprinkling streets.-The board of trustees may cause a street or a part thereof to be sprinkled, and may assess the expense thereof, in whole or in part, upon the owners or occupants of the adjoining land.

§ 166. Pavements.-The board of trustees may cause a street in the village to be paved, wholly at the expense of the village, or of the owners of the adjoining land, or partly at the expense of each; but such street shall not be paved wholly at the expense of the owners of the adjoining land unless a petition be presented to the board of trustees signed by the owners of at least twothirds of the frontage on the street, or portion thereof, proposed to be paved, and a hearing given thereon to all persons interested, on a notice of at least ten days. If a pavement is so required to be constructed or repaired wholly at the expense of the owners of the adjoining lands, a notice specifying the place and manner, and the time, not less than thirty days, within which the pavement is required to be constructed or repaired, shall be served upon the owners. If an owner shall not construct or repair the pavement as required by the notice, the board of trustees may cause the same to be so constructed or repaired, and assess the expense thereof upon the adjoining land. If a pavement is to be constructed or repaired at the joint expense of the village and the owner of the adjoining land, the board of trustees may cause the same to be constructed or repaired, and assess upon the adjoining land the proportion of the expense chargeable against the same; or it may direct the owner to contribute labor or materials therefor. The total amount expended for street paving in any fiscal year from the moneys raised during such year for street purposes, otherwise than in pursuance of a village election, shall not be more than one-half thereof. No land owner shall be required to pave or bear the expense of paving any portion of the street not in front of

Streets, Sidewalks and Public Grounds.

such land, nor beyond the center of the street.

SS 167-168

All pavements

laid by the owners of adjoining land shall be laid under the supervision and in accordance with the directions of the board of trustees. The expense of constructing a pavement or any part thereof may be raised in an entire amount or in similar amounts from time to time as the board of trustees may determine. If any portion of such expense is to be borne by the village, bonds or certificates of indebtedness may be issued. If such expense or any part thereof is to be assessed upon adjoining land, the board may apportion it upon the lands and assess the same as a whole or by installments. Notice of an assessment based upon such apportionment shall be given to the land owners, who may pay the amounts assessed within ten days after such notice. At the expiration of that time bonds or certificates of indebtedness may be issued for the aggregate amount of such assessment then remaining unpaid. Taxes for the amount of such bonds or certificates issued on account of default in the payment of the amount apportioned upon adjoining land, shall be levied and collected in the manner prescribed by this chapter in case of unpaid assessments for the construction of sewers. (As amended by chap. 365 of 1898.)

§ 167. Trimming trees.-The board of trustees may require the owners of land to trim the trees in front thereof, and upon default, may cause such trees to be trimmed, and assess the expense thereof upon the adjoining land.

§ 168. Local assessments under this article.-Whenever expenditures are made by the board of trustees for constructing or repairing sidewalks or pavements, trimming trees, sprinkling streets or keeping the sidewalks or streets cleared of weeds, ice, snow or other accumulations thereon, which under this article are assessable upon the land affected or improved thereby, the board shall serve a notice of at least ten days upon the owner or occupant of such property, stating that such expenditure has been made, its purpose and amount, and that at a specified time and place it will meet to make an assessment of the expenditure upon such land. The board shall meet at the time and place specified. It shall hear and determine all objections that may be made to such assessment, including the amount thereof, and shall assess upon the land the amount which it may deem just and reasonable, not exceeding, in case of default, the amount stated in the notice.

H

If the amount so assessed be not paid within twenty days after such assessment, an action to recover the amount may be maintained by the village against the owner or occupant liable therefor, or a special warrant may be issued by the board of trustees for the collection of such assessment, or the amount thereof may be included in the next annual tax levy.

§ 169. Acquisition of lands for parks and squares.-The board of trustees may, on behalf of the village, accept by grant or devise a gift of land for a public park or square within the village, or wholly within one mile of the boundaries thereof, or may submit to a village election a proposition to purchase land so located for such purpose at an expense, specified in the proposition, not exceeding one per centum of the value of the taxable property of the village, as appears by the last preceding assessment-roll. Upon the acquisition of land for the purposes of this section, either by gift or purchase, the board may establish and maintain a public park or square thereon.

ARTICLE VI.

THE POLICE DEPARTMENT.

SECTION 180. Jurisdiction of violations of ordinances. 181. Disposition of penalties; fees of justices.

182. Criminal jurisdiction of police justice.

183. Record of police justice.

184. Compensation of police justice.

185. Accounts, reports and payments of fees and fines by salaried police justice.

186. Civil jurisdiction of police justice.

187. Acting police justice.

188. Village policemen.

189. Powers and duties of policemen.

190. Fees, salaries and expenses of policemen.

§ 180. Jurisdiction of violations of ordinances.—Jurisdiction to hear, try and determine charges of violations of village ordinances is hereby conferred upon magistrates as follows:

I. A police justice, or in case of his absence or inability to act, the acting police justice has exclusive jurisdiction, in the first instance.

2. In case of the absence or inability to act of both the police justice and the acting police justice, or if the office of police justice does not exist in the village, a justice of the peace of a

town including any part of the village has jurisdiction exclusive of any other justice of the peace.

3. In cases not provided for in the foregoing subdivisions, any justice of the peace has jurisdiction.

§ 181. Disposition of penalties; fees of justices.—Every penalty imposed by a justice of the peace for the violation of a village ordinance shall be paid to the village treasurer. In such cases the fees of the justice are a village charge.

§ 182. Criminal jurisdiction of village police justice.—The police justice of a village may hold a court of special sessions therein and shall have in the first instance exclusive jurisdiction to hear, try and determine charges of a misdemeanor committed within such village and triable by a court of special sessions, subject to the right of removal, as provided by the code of criminal procedure, to a court having authority to inquire by the intervention of a grand jury into offenses committed within the county. Such police justice shall have exclusive jurisdiction to take the examination of a person charged with the commission in such village of a crime not triable by a court of special sessions; and also to hear, try and determine charges against a person of being a vagrant or disorderly person within such village, or of having committed disorderly conduct therein; and to take such proceedings in either of such cases as may be taken by a justice of the peace, with all the powers and subject to all the duties and liabilities of a justice of the peace in respect thereto. Such police justice shall have all the power and authority, and be subject to all the duties and liabilities, of a justice of the peace in issuing warrants for the arrest of a person charged with the commission of a crime or disorderly conduct, in a county including any portion of such village, but if the offense is charged to have been committed outside of the village, the person arrested by such process shall be taken before another magistrate of the town in which such offense is charged to have been committed, and the papers upon which such process was issued shall be delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. A person arrested upon a criminal warrant issued by a justice of the peace upon a charge of committing a crime or an offense of a criminal nature within a village, shall be taken before the police justice of such village, and the papers upon which the process was issued delivered to him, who shall proceed thereon as though such warrant had been