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ordinance or resolution within five days after its passage, it becomes valid without his signature.

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Every ordinance goes into effect on the tenth day after its passage unless it specifically provides that it shall take effect at an earlier or later date. Copies of ordinances and resolutions enacted by the municipal council are forwarded to the provincial board. If the provincial board thinks that an ordinance or resolution is beyond the powers conferred upon the council, it may declare such ordinance or resolution invalid. The municipal council, however, upon a two-thirds vote, may appeal to the chief of the Executive Bureau, who has then the final power, either to affirm or reverse the decision of the provincial board. The provincial board has similar power over the executive orders of the municipal president, and the president has a similar right of appeal to the chief of the Executive Bureau.

A municipal council is empowered to prescribe fines or penalties for violation of its ordinances, but the penalty shall not exceed a fine of two hundred pesos or imprisonment for six months or both.

265. Mandatory Powers of the Council. The powers of the municipal council are divided by law into mandatory and discretionary powers. The mandatory powers of the municipal council are:

(a) To fix the salaries of all municipal officers and employees except the treasurer and teachers in the public schools, and to provide for such expenditures as are necessary in the proper conduct of the lawful activities of the various branches of the municipal government;

(b) To provide a municipal building adequate for the municipal offices, and other buildings required for municipal uses, including schoolhouses;

(c) To provide for the levy and collection of municipal

taxes and for the collection of all fees and charges constituting lawful sources of municipal revenue or income;

(d) To establish and maintain an efficient police department and an adequate municipal jail;

(e) To regulate the construction, care, and use of streets, sidewalks, canals, wharves, and piers in the municipality, and prevent and remove obstacles and encroachments on the same;

(f) To construct and keep in repair bridges and viaducts, and regulate the use of the same;

(g) To regulate the selling, giving away, or dispensing of intoxicating, malt, vinous, mixed, or fermented liquors at retail;

(h) To declare and abate nuisances;

(i) To restrain riots, disturbances, and disorderly assemblages;

(j) To prohibit and penalize intoxication, fighting, gambling, mendicancy, prostitution, the keeping of disorderly houses, and other species of disorderly conduct or disturbance of the peace;

(k) To provide for the punishment and suppression of vagrancy and the punishment of any person found within the town without legitimate business or visible means of support;

(1) To suppress and penalize cruelty to animals;

(m) To prohibit the throwing or depositing of filth, garbage, or other offensive matter in any street, alley, park, or public square; provide for the suitable collection and disposition of such matter and for cleaning and keeping clean the streets, alleys, parks, and other public places of the municipality;

(n) To regulate the keeping and use of animals, in so far as the same affect the public health and the health of domestic animals;

(0) To require any land or building which is in an insanitary condition to be cleansed at the expense of the owner or tenant, and, upon failure to comply with such an order, have the work done and assess the expense upon the land or buildings;

(p) To construct and keep in repair public drains, sewers, and cesspools, and regulate the construction and use of private water-closets, privies, sewers, drains, and cesspools;

(q) To establish or authorize the establishment of slaughter-houses and markets, and inspect and regulate the use of the same;

(r) To provide for and regulate the inspection of meat, fruits, poultry, milk, fish, vegetables, and all other articles of food;

(s) To adopt such other measures, including internal quarantine regulations, as may from time to time be deemed desirable or necessary to prevent the introduction and spread of disease.

/ 266. Discretionary Powers of the Council. — The municipal council has the authority to exercise the following discretionary powers:

(a) To suspend or remove, for cause, officers or employees appointed by the president, two-thirds of all the members of the council concurring;

(b) To make provision for the care of the poor, the sick, or persons of unsound mind;

(c) To establish fire limits in populous centers, prescribe the kinds of buildings that may be constructed within them, and issue permits for the erection thereof;

(d) To provide for the numbering of houses and lots; the naming of streets, avenues, and other public places; and for the lighting of streets, and the sprinkling of the same;

(e) To establish and maintain municipal roads, streets,

alleys, sidewalks, plazas, parks, playgrounds, levees, and canals;

(f) To supply a suitable building for a post-office and provide for the collection and delivery of mail, when it is impracticable for the Bureau of Posts to make provision for these matters;

(g) To regulate the keeping of dogs, and authorize the killing or impounding of the same when found at large contrary to ordinance;

(h) To require the owners of sheep, goats, swine, or large cattle to keep such animals from moving, running, or being at large except when in charge of some person of sufficient discretion;

(i) To regulate cockpits, cockfighting, and the keeping or training of fighting cocks, or prohibit either;

(j) To regulate garages and stables and the keeping of carriages, carts, and other conveyances for hire; and to designate stands to be occupied by public vehicles when not in use;

(k) To regulate cafés, restaurants, hotels, inns, and lodging houses;

(1) To regulate or prohibit public dancing schools, public dance halls, and horse races;

(m) To regulate public billiard tables, or billiard rooms, theatrical performances and circuses;

(n) To regulate the establishment and provide for the inspection of steam boilers within the municipality;

(0) To regulate the use of water courses within the municipality;

(p) To provide for the impounding of animals found at large contrary to law or ordinance and for the sale of such animals in satisfaction of poundage fees or any penalty incurred and cost of proceedings, or for such other disposition thereof as may be sanctioned by law;

(q) To regulate any business or occupation subject to a municipal license tax and to prescribe the conditions under which municipal licenses may be revoked.

Subject to the approval of the Secretary of the Interior, the municipal council has the power to exercise the right of eminent domain over property and to authorize the institution of proceedings for its condemnation for the purpose of public improvements.

267. Aid for Municipal Schools. It is the duty of the v municipal council to establish and maintain primary schools in the municipality to be conducted as a part of the public school system in conformity with the school law. At least one-fourth of one per cent of the municipal real estate tax must be devoted to the support of free public primary schools and the providing or erection of suitable school buildings. The municipal council may also establish and maintain intermediate, secondary, or professional schools, and with the approval of the Director of Education it may charge reasonable tuition fees for such institutions. Municipal councils may appoint pensionados to the Philippine Normal School, the Philippine School of Arts and Trades, the College of Agriculture, the University of the Philippines, or any other insular school.

268. Municipal Taxation. — Taxation in each municipality must be just and uniform. The municipal council has no power to impose duties upon goods and merchandise carried into the municipality, or out of the same. Municipal funds must be used exclusively for local purposes.

The revenue of the municipality is derived from: (a) the tax on real property; (b) fees for certificates of ownership or transfer of large cattle; (c) permits for the burial or removal of the bodies of deceased persons; (d) fines and penalties which are, by law, payable to the municipality;

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