When grade venience will be promoted thereby. Whenever a grade shall is established be established or altered, a record and diagram thereof shall be made in the book of street records in the office of the city clerk.

diagram to be made.

Assessments for grading and paving.

When grade established not to be changed

without compensating

owner.

When damages ascertained, council may assess amount on real estate benefited.

See note to section 2783, C. L. 1897.

(223) § 3178. SEC. 6. Whenever any street, alley or public highway shall have been graded, or pavement shall have been constructed in conformity to grades established by authority of the city, and the expense thereof shall have been assessed upon lots or lands bounded by or abutting upon such street, alley or public highway, the owner or owners of such lots or lands shall not be subject to any special assessment occasioned by any subsequent change of grade in such pavement, street, alley or public highway, unless such change be asked for by a majority of the owners of such lots or lands; but the expense of all improvements occasioned by such change of grade shall be chargeable to and paid by the city.

Auditor General v. Chase, 132/633.

(224) § 3179. SEC. 7. Whenever the grade of any street or sidewalk shall have been heretofore, or shall hereafter be established, and improvements shall thereafter be made by the owner or occupant of the adjacent property in conformity to such grade, such grade shall not be changed without compensation to the owner for all damages to such property resulting therefrom, to be ascertained by a jury as provided in chapter twenty-five of this act, or said damages may be ascertained and agreed upon by and between such city and the owner or occupant of such premises. Whenever such damage shall be ascertained or agreed upon as heretofore provided, such damages, or such part thereof as the council shall deem equitable and just, shall be paid by the city, or the council may cause such damages, or such part thereof as may be just and proper, to be assessed upon such real estate as may be benefited by reason of the change of such grade, and whenever the council shall determine to assess such damages, or any part thereof, upon the property benefited, it shall determine and define a district in said city which in its judgment is benefited by the improvement out of which said damages arise, and shall cause the same to be assessed upon such district, which said assessment shall be upon the owners or oc cupants of the taxable real estate in said district, in proportion as nearly as may be to the advantage or benefit each lot, parcel or subdivision is deemed to acquire by the improvement out of which such damages arise, but the property on account of which such damages were awarded shall not be Assessment to included in said district. The assessment shall be made, and be made and the amount levied and collected in the same manner as other assessments on a district deemed to be benefited in the grading and improvement of streets, as provided for in this act;

collected as

other assessments.

and all of the provisions of chapter twenty-four of this act, relative to special assessments and the collection thereof, shall apply thereto. Such damages, when collected as aforesaid, and when determined upon by said city, shall be paid to the person entitled thereto.

PAVING AND IMPROVEMENTS.

improvements.

ing" defined.

(225) § 3180. SEC. 8. SEC. 8. The council shall have power to Council to have power to grade, pave, plank, gravel, curb and otherwise improve and make paving repair the highways, streets, avenues, lanes and alleys of the city; and for that purpose, and for defraying the expenses thereof, may divide the city into street districts. The term Term pav"paving" shall be deemed to include the construction of crosswalks, gutters and curbing. Whenever any paving has been ordered upon any street or public highway in the city, it shall be the duty of any person owning any lot or lots, lands or premises adjoining to, or abutting upon such street, before the same shall be paved, to put in and lay all such sewer, water and gas connections in front of their lands and prémises, and carry the same from the pipe in such street to and beyond the curb line of such proposed pavement as the council shall determine to be necessary for the preservation of such proposed paving, when the same shall be laid and put down, and such connection shall be laid, made and put in in the manner and at the time or times as shall be directed by the council. In case the owner of such lot or lots, lands or In case of repremises shall neglect or refuse to make, lay or put in such fusal of owner council may connections at the time or in the manner prescribed by the make imcouncil, then the council shall cause the same to be made, laid or put in, and the respective owners of such lots, lands or premises shall be liable for the cost thereof, together with ten per cent in addition thereto as a penalty to be recovered by the city in an action of debt or assumpsit, or the costs together with the amount of such penalty for which such persons shall be respectively liable, the council shall cause to be reported to the board of special assessors, to be levied and assessed by them as a special tax or assessment upon such lot or lots, Expense to be lands or premises, in the same manner as provided in section assessed on four, chapter twenty-three of this act, in cases of special as- benefited. sessment for rebuilding and keeping in repair sidewalks in such city.

See notes to sections 2785-6, C. L. 1897. Holmes v. Detroit, 120 / 226.

provements.

grading and

general street

(226) § 3181. SEC. 9. Such part of the expenses of Amount for improving any street, lane or alley, by grading, paving, plank- paving may be ing, graveling, curbing, or otherwise, and of repairing the paid out of same as the council shall determine, may be paid from the fund. general street fund or from the street district fund of the proper street district, or in part from each; or the whole, or such part of the expense of such improvement as the council shall determine, may be defrayed by special assessments upon

What amount lots and premises included in a special assessment district, to be defrayed to be constituted of the lands fronting upon that part of the

by special

assessment.

When public buildings are included in special

assessment

district.

street or alley so improved or proposed so to be; or constituted of lands fronting upon such improvement, and such other lands as in the opinion of the council may be benefited by the improvement.

Special assessments.-See notes to section 2831, C. L. 1897.

(227) § 3182. SEC. 10. When expenses for any such improvement or repairs shall be assessed in a special assessment district, and there shall be lands belonging to the city, school buildings, or other public buildings, or public grounds. not taxable, fronting upon such improvement, such part of the expense of such improvement as in the opinion of the council or board of assessors making a special assessment would be justly apportionable to such public grounds, buildings and city property and to any interior squares or spaces formed by the intersection of streets, were they taxable, shall be paid from the general street fund, or from the proper street district fund, or partly from each, as the council shall determine to be just and the balance of such expenses shall be assessed upon the taxable lots and premises included in the special assessment district, in proportion to their number of feet frontage upon such improvement; or if the special assessment district shall include other lands not fronting upon the improvement, then upon all the lands included in such special assessment district, in proportion to the estimated benefits resulting thereto from the improvement. When such sessors to ad- assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape or size of any lot an assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessments upon other lots, the council or board of assessors making the assessment may assess such lot for such number of feet frontage as in their opinion will be just.

Council or board of as

just assess

ment according to benefits.

See note to section 2787, C. L. 1897.

Council shall have power

STREET REGULATIONS.

(228) § 3183. SEC. 11. The council shall have the power to prevent ob- to prohibit and prevent obstructions and encumbrances in, etc., on side- and encroachments upon the public highways, streets and

structions,

walks.

Council may regulate the planting of shade trees.

alleys of the city, and to remove the same, and to punish those who shall obstruct, encumber, encroach or maintain any encroachments, upon or in any such highway, street or alley; and to require all such persons to remove every such obstruction, encumbrance and encroachment.

See notes to section 2788, C. L. 1897.

(229) § 3184. SEC. 12. The council may provide for and regulate the planting of shade and ornamental trees in the

public highways, streets and avenues of the city, and for the protection thereof; and may light the streets and public places, and regulate the setting of lamps and lamp posts therein, and protect the same.

Shade trees.-See note to section 4163, C. L. 1897.

the removal

(230) § 3185. SEC. 13. The council may regulate the To regulate making of all openings in, and removals of, the soil of public of soil. streets, and for the laying or repair of sewers, drains, tunnels, gas pipes, water pipes, or for any other purpose; and may prohibit and prevent all such openings, and removals of the soil, except by express permission of the council, and at such times and upon such terms and regulations as they may prescribe.

See note to section 2790, C. L. 1897.

the use of

etc.

vehicles.

immoderate

driving.

(231) § 3186. SEC. 14. The council may regulate the use To regulate of the public highways, streets, avenues and alleys of the city, public streets. subject to the right of travel and passage therein. They shall Prescribe have authority to prescribe the stands for all vehicles kept stands for for hire, or designate the places where loads of wood, coal, hay and other articles may stand for sale; to regulate traffic and sales in the streets and upon sidewalks; to regulate or prohibit the display, use or placing of signs, advertisements and banners, awning posts and telegraph, telephone or light poles and wires in or over the streets; to prohibit immoderate To prohibit riding and driving in the streets or over bridges; to regulate riding or or prohibit all such sports, amusements, proceedings and gathering of crowds in the streets as may interfere with the lawful use thereof, or render travel or passage therein inconvenient or unsafe; to prohibit and prevent the running at To prevent the large of beasts and fowls in the streets or elsewhere in the large of city, and to impose penalties upon the owners or keepers etc. beasts, fowls, thereof permitting the same; to cleanse and purify the streets; and to prohibit, prevent, remove and abate all nui- Abate sances therein, and to require the authors and maintainers thereof to remove the same and to punish them; and generally to prescribe and enforce all such police regulations over Enforce police and in respect to the public streets, as may be necessary to secure good order and safety to persons and property in the lawful use thereof; and to promote the general welfare; and in addition to all other powers herein granted, the council shall have the same authority and powers over and in respect to the public streets of the city, as are conferred by law upon highway commissioners in townships.

Fix v. Sissung, 83/563; Telephone Co. v. Benton Harbor, 121/517.

running at

nuisances.

regulations.

Council to

have control

CHAPTER XXIII-SIDEWALKS.

(232) § 3187. SECTION 1. The city council shall have of sidewalks. control of all sidewalks in the public streets and alleys of the city, and may prescribe the grade thereof, and change the same when deemed necessary. They shall have power to build, maintain and keep in repair sidewalks and crosswalks in the public streets and alleys, and to charge the expense of constructing and maintaining such sidewalks upon the lots and premises adjacent to and abutting upon such walks.

Council shall

have authority to require

owners to

sidewalks.

(233) § 3188. SEC. 2.

The council shall also have authority to require the owners and occupants of lots and build certain premises to build, rebuild and maintain sidewalks in the public streets adjacent to and abutting upon such lots and premises, and to keep them in repair at all times, and to construct and lay the same upon such lines and grades, and of such width, materials, and manner of construction, and within such time as the council shall by ordinance or resolution prescribe, the expense thereof to be paid by such owner or occupant; or the council may, by a two-thirds vote of all the aldermen elect, pay such part of the expense of building or rebuilding such walk as they may deem proper from the general street fund, or from the street district fund of any street district in which such walk may be located.

Powers of council to

cause snow

removed from

(234) § 3189. SEC. 3. The council shall also have power, either by ordinance or resolution, to cause and require the and ice to be owners and occupants of any lot or premises to remove all sidewalks. snow and ice from the sidewalks in front of or adjacent to such lot and premises, and to keep the same free from obstructions, encroachments, encumbrances, filth and other Proviso as to nuisances: Provided, That the council may, by a two-thirds vote of all the aldermen elect, provide by ordinance for the rebuilding, maintaining and keeping in repair of all sidewalks within the city, and for the removing of all ice and snow therefrom, and for keeping the same free from encumbrances, and pay the expense thereof from the general street fund, or from the street district fund of any street district in which the same may be located.

rebuilding

sidewalks.

Refusal of owner to

rebuild or repair sidewalks.

Snow and ice.-See notes to section 2777, C. L. 1897.

(235) § 3190. SEC. 4. If the owner or occupant of any lot or premises shall fail to build, rebuild or maintain any particular sidewalk as mentioned and prescribed in the last two sections, or shall fail to keep the same in repair, or remove the snow, ice and filth therefrom, or to remove and keep the same free from obstructions, encroachments, encumbrances or other nuisances, or shall fail to perform any other duty required by the council or board of public works in respect to such sidewalks, within such time and such manner as