Taverns, saloons.

Vehicles, transfers, etc.

Toll bridges.

May regulate inspection of meats.

Inspection and measuring certain

part of the city to another, and to regulate and prescribe from time to time the charges and prices for the transportation of persons and property thereon;

Fourteenth, To regulate and license all taverns and houses of public entertainment; all saloons, restaurants, and eating houses, and to regulate and prescribe the location of saloons; but this shall not be construed as authorizing the licensing of the sale of intoxicating liquors;

Cities of fourth class have power by ordinance to establish saloon limits and provide that no license shall be granted except within those limits.-Johnson v. Bessemer City, 143/313.

Fifteenth, To license and regulate all vehicles of every kind used for the transportation of persons or property for hire, in the city, and regulate or fix their stands on the streets and public places, and at wharves, boat landings, railroad station grounds and other places;

Sixteenth, To regulate and license all toll bridges within the city, and to prescribe the rates and charges for passage over the same;

Seventeenth, To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, flour, meat and other provisions;

Eighteenth, To regulate the inspection, weighing and measuring of brick, lumber, fire-wood, coal, hay and any article of merchandise. merchandise;

May inspect and seal

weights and measures.

May regulate construction

and repair of

vaults, etc.

To prohibit

Nineteenth, To provide for the inspection and sealing of weights and measures and to enforce the keeping and use of proper weights and measures by venders;

Twentieth, To regulate the construction, repair and use of Vaults, cisterns, areas, hydrants, pumps, sewers and gutters; Twenty-first, To prohibit and prevent, in the streets, or indecency and elsewhere in the city, indecent exposure of the person, the show, sale, or exhibition for sale, of indecent or obscene pictures, drawings, engravings, paintings, and books or pamphlets, and all indecent or obscene exhibitions and shows of every kind;

obscenity.

To regulate bathing in rivers, etc.

To provide

Twenty-second, To regulate or prohibit bathing in the rivers, ponds, streams and waters of the city;

Twenty-third, To provide for clearing the rivers, ponds, rivers, ponds, canals and streams of the city, and the races connected there

for clearing

etc.

To abate nuisances in

all shops,

with, of all driftwood and noxious matter; to prohibit and prevent the depositing therein of any filth or other matter tending to render the waters thereof impure, unwholesome and offensive;

Twenty-fourth, To compel the owner or occupant of any grocery, tallow chandler shop, soap or candy factory, butcher stores, houses. shop or stall, slaughter-house, stable, barn, privy, sewer, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove or abate the same whenever the council shal! deem it necessary for the health, comfort, or convenience of the inhabitants of the city;

use of all

Twenty-fifth, To regulate the keeping, selling and using of To regulate dynamite, gunpowder, firecrackers and fireworks, and other keeping and explosive or combustible materials, and the exhibition of fire- explosives. works, and the discharge of firearms, and to restrain the making or lighting of fires in the streets and other open spaces in the city;

Twenty-sixth, To direct and regulate the construction of To regulate cellars, slips, barns, private drains, sinks and privies;

construction of cellars,

To prohibit

auctions.

Twenty-seventh, To prohibit, prevent, and suppress mock privies. auctions, and every kind of fraudulent game, device or prac- mock tice, and to punish all persons managing, using, practicing or attempting to manage, use, or practice the same, and all persons aiding in the management or practice thereof; Twenty-eighth, To prohibit, prevent and suppress all lot- To prohibit teries for the drawing or disposing of money or any other property whatsoever, and to punish all persons maintaining, directing, or managing the same, or aiding in the maintenance, directing or managing the same;

lotteries.

regulate cab

Twenty-ninth, To license and regulate solicitors for passen- To license and gers or for baggage to and from any hotel, tavern, public drivers, baghouse, boat or railroad; and to provide the places where they gagemen. may be admitted to solicit or receive patronage; also draymen, carmen, truckmen, porters, runners, drivers of cabs, hackney coaches, omnibuses, carriages, sleighs, express vehicles, and vehicles of every other description used and employed for hire, and to fix and regulate the amounts and rates of their compensation;

for paupers.

Thirtieth, To provide for the protection and care of paup- To provide ers, and to prohibit and prevent all persons from bringing to the city, from any other place, any pauper or other person likely to become a charge upon the city, and to punish therefor:

Thirty-first, To provide for taking a census of the inhabit- Census. ants of the city, whenever the council shall see fit, and to direct and regulate the same;

Thirty-second, To provide for the issuing of licenses to Dog licenses. the owners and keepers of dogs, and to compel the owners and keepers thereof to pay for and obtain such licenses; and to regulate and prevent the running at large of dogs, to require them to be muzzled and to authorize the killing of all dogs not licensed, or running at large in violation of any ordinance of the city;

use of toy

Thirty-third, To prohibit and punish the use of toy pistols, To prohibit sling shots and other dangerous toys or implements within pistols. the city;

horses, etc., to

Thirty-fourth, To require any horses, mules or other ani- To require mals attached to any vehicle or standing in any of the streets, be hitched. lanes or alleys in the city to be securely fastened, hitched, watched, or held; and to regulate the placing and provide for the preservation of hitching posts;

To provide for numbering buildings.

To provide fountains, reservoirs.

To regulate street railways.

To keep public library.

To license transient traders.

Council shall have authority to enact ordinances.

Council may prescribe

conditions of

ceiving license

Thirty-fifth, To provide for and regulate the numbering of buildings upon the streets and alleys, and to compel the owners or occupants to affix numbers on the same; and to designate and change the names of public streets, alleys and parks; Thirty-sixth, To provide for, establish, regulate and preserve public fountains and reservoirs within the city, and such troughs and basins for watering animals as they may deem proper;

Thirty-seventh, To prevent or provide for the construction and operation of street railways and to regulate the same and to determine and designate the route and grade of any street railway to be laid or constructed in said city;

Thirty-eighth, To establish and maintain a public library, and to provide a suitable building therefor, and to aid in maintaining such other public libraries as may be established within the city by private beneficence as the council may deem to be for the public good;

Thirty-ninth, The council may also license transient traders, which shall be held to include all persons who may engage in the business of selling goods or merchandise after the commencement of the fiscal year, and the license fee in such cases may be apportioned with relation to the part of the fiscal year which has expired, but such traders, if they continue in the same business, shall not be required to take out a second license after the commencement of the next fiscal year: Provided, Such goods or merchandise have been assessed for taxes for said fiscal year;

Fortieth, The council shall further have authority to enact all ordinances, and to make all such regulations, consistent with the laws and constitution of the state, as they may deem necessary for the safety, order and good government of the city, and the general welfare of the inhabitants thereof; but no exclusive rights, privileges, or permits shall be granted by the council to any person or persons, or to any corporation for any purpose whatever.

Powers and authority.-See notes to section 2769, subdivision 11, C. L. 1897. As to pawnbrokers, see Van Baalen v. People, 40/258.

(153) § 3108.

SEC. 2. The council may prescribe the terms and terms and conditions upon which licenses may be granted licenses. and may exact and require payment of such reasonable sum Persons re- for any license as they may deem proper. The persons reto give best ceiving the license shall, before the issuing thereof, execute a bond to the corporation, when required by the council, in such sum as the council may prescribe, with one or more sufficient sureties, conditioned for a faithful observance of the charter of the corporation and the ordinances of the council, and otherwise conditioned as the council may prescribe. Every license shall be revocable by the council at pleasure; and when any license shall be revoked for non-compliance with the terms and conditions upon which it was granted, or on account of any violation of any ordinance or regulation

License revocable at pleasure of council.

passed or authorized by the council, the person holding such Persons holdlicense shall, in addition to all other penalties imposed, for- office to feit all payment made for such license.

Saginaw v. Judge, 106/34; Grand Rapids v. Norman, 110/544; Saginaw v. Electric Light Co., 113 / 660.

all

payments.

which license

(154) § 3109. SEC. 3. No license shall be granted for Term for any term beyond the first Monday in June next thereafter, may be nor shall any license be transferable, and the council may pro- granted. vide for punishment by fine or imprisonment, or both, of any person who, without license, shall exercise any occupation or trade, or do anything for or in respect to which any license shall be required by any ordinance or regulation of the council.

City of Albion v. Boldt, 145/285; Eslow v. City of Albion, 153 / 720.

where

(155) § 3110. SEC. 4. All sums received for licenses Licenses, granted for any purpose by the city or under its authority, credited. shall be paid into the city treasury to the credit of the contingent fund.

conditions.

(156) § 3111. SEC. 5. The council of any city shall have Council may authority to permit any railroad company or street railway permit track company to lay its track, and operate its road with steam, streets. electric or other power, in or across the streets, highways and public alleys of the city, as the council may deem expedient, May prescribe upon such terms and conditions, and subject to such regulations, to be observed by the company, as the council may prescribe; and to prohibit the laying of such track, or the operating of any such road, except upon such terms and conditions. But such permission shall not affect the right or claim of any person for damages sustained by reason of the construction or location of any such railroad or street railway: Provided, Two-thirds That no franchise for the use or occupancy of any street for to grant vote required any purpose shall be granted to an individual, company or franchise. corporation, except by a two-thirds vote of all the aldermen elect, nor shall any such franchise be granted for a period exceeding thirty years.

Railroad Co. v. Heisel, 38 / 62.

change grade

street crossing.

(157) § 3112. SEC. 6. The council shall have power to Council may provide for and change the location and grade of street cross- of railroad ings of any railroad track; and to compel any railroad company or street railway company to raise or lower their railroad track, to conform to street grades which may be estab lished by the city from time to time; and to construct street crossings in such manner, and with such protection to persons crossing thereat, as the council may require, and to keep them in repair; also, to require and compel railroad companies to May require keep flagmen or watchmen at all railroad crossings of streets, to protect and to give warning of the approach and passage of trains crossings.

companies

speed of all

tric cars.

thereat, and to light such crossings during the night; to reguMay regulate late and prescribe the speed of all locomotives and railroad trains or elec- trains and street railway cars within the city; but such speed shall not be required to be less than six miles per hour; and to impose a fine of not less than five nor more than fifty dollars, upon the company, and upon any engineer or conductor, violating any ordinance regulating the speed of trains.

Council may

require rail

drains in

repair.

(158) § 3113. SEC. 7. The council shall have power to road com- require and compel any railroad company and any street panies to keep railway company to make, keep open and in repair, such ditches, drains, sewers and culverts, along and under, or across their railroad tracks, as may be necessary to drain their grounds and right of way properly, and in such manner as the council shall direct, so that the natural drainage of adCouncil may jacent property shall not be impeded. If any such railroad company or street railway company shall neglect to perform any such requirement, according to the directions of the council, the council may cause the work to be done at the expense of such company, and the amount of such expense may be collected at the suit of the city against the company, in a civil action, before any court having jurisdiction of the

cause work to be done at expense of company.

Council may enact ordi

nances rela

cause.

(159) § 3114. SEC. 8. The council is authorized to enact all such ordinances and by-laws as it may deem proper relative to fences. tive to the building, rebuilding, maintaining and repairing of partition fences by the owners and occupants of adjoining lots, inclosures and parcels of land in said city; and relative to the assigning to the owners or occupants of such adjoining pieces of land the portion of such partition fences to be maintained by them respectively; and may provide for the recording of such assignments and divisions when made; and may provide for the recovery of damages from any owner or occupant who shall fail to comply with the provisions and requirements of any ordinance relative to such partition fences. May appoint And the council may appoint fence-viewers, and prescribe their duties and mode of proceeding in all cases relative to partition fences in said city.

May recover damages from

owner.

fence

viewers.

May provide for support and relief of poor.

May appoint director of poor.

(160) § 3115. SEC. 9. The council of any city may make such provision as they shall deem expedient for the support and relief of poor persons residing in the city; and for that purpose may provide by ordinance for the election or appointment of a director of the poor for the city, and may prescribe his duties and vest him with such authority as may be proper for the exercise of his duties.

Police and

night watchmen.

CHAPTER XII-POLICE.

(161) § 3116. SECTION 1. The council of any city may provide, by ordinance, for a police force and for the appointment by the mayor of such number of policemen and nightwatchmen as they may think necessary for the good govern