Chillicothe City Charter
CHILLICOTHE CITY CHARTER
Article I. Incorporation of Boundaries, General Powers and The Division of Wards,
Sec. 1-1 - 1-5
Article II. Officers and Their Election, Sec. 2-1 - 2-28
Article III. Duties of Officers, Sec. 3-1 - 3-17
Article IV. Legislative Powers of the City Council, Sec. 4-1 - 4-2
Article V. Revenue, Sec. 5-1 - 5-21
Article VI. Of Opening and Improving Avenues, Streets and Alleys and of the Classes and Construction of Sewers, Sec. 6-1 - 6-13
Article VII. Public Health, Sec. 7-1 - 7-19
Article VIII. Fire Department, Sec. 8-1 - 8-4
Article IX. Miscellaneous Provisions, Sec. 9-1 - 9-17
AN ACT
To Amend an Act Entitled
"An Act to Incorporate the City of Chillicothe,"
Approved March 1, 1855, and the Acts
Amendatory Thereto
----------------
Be it enacted by the General Assembly
of the State of Missouri, as follows:
ARTICLE I
INCORPORATION OF BOUNDARIES,
GENERAL POWERS AND THE DIVISION OF WARDS
Section 1-1. Prior charter amended.
Section 1. That the act incorporating the City of Chillicothe, and the acts amendatory thereto, be and the same are, hereby amended as follows:
Section 1-2. Boundaries.
Section 2. All that district of country in Livingston County and State of Missouri contained in the following limits, to-wit:
Beginning eight hundred and seventy-two (872) feet north of the (SE) southeast corner of the (SE) southeast one-fourth (1/4) of the (NE) northeast one-fourth (1/4) of Section thirty-six (36), Township fifty-eight (58), Range twenty-four (24), on the range line dividing ranges twenty-three (23) and twenty-four (24); thence south along said range line to the southeast corner of the northeast quarter of Section one (1), Township fifty-seven (57), Range twenty-four (24); thence west along the quarter section line to the southwest corner of the southeast one-fourth (1/4) of the northeast one-fourth (1/4) of Section two (2), Township fifty-seven (57), Range twenty-four (24); thence north along the quarter section line to a point eight hundred and seventy-two (872) feet north of the southwest corner of the southeast quarter (1/4) of the northeast quarter (1/4), of section thirty-five (35), Township fifty-eight (58), Range twenty-four (24), thence east to the place of beginning.
Section 1-3. Body politic, corporate powers.
Section 3. The inhabitants of the City of Chillicothe as the same is defined by the provisions of Section two (2) of this article shall be and they and their successors forever are hereby constituted a corporation and body politic, in fact and in law, by the name and style of the City of Chillicothe, and by said name and style shall have perpetual succession, may sue and be sued, may plead and be impleaded, defend and be defended, in all courts of law and equity, and in all actions whatsoever; may purchase, receive and hold property, real, personal, and mixed, within said city, and may also purchase and hold real, personal and mixed property beyond the limits of said city, to be used for the burial of the dead, for the erection of water works to supply said city with water, for a workhouse or a house of correction, and for such other purposes of the corporation as may be required within or without the limits aforesaid; and may improve, sell, lease, and dispose of the property for the benefit of the city, and to do all such things in relation thereto as natural persons; and may receive bequests, gifts and donations of all kinds of property within and without the city for charitable or other purposes; they shall also have and use a common seal and may change the same and make a new seal at pleasure, and by ordinance duly ordained and established, make all needful laws and regulations for the government of said city, not inconsistent with this act or the constitution of this state.
Section 1-4. Division into wards.
Section 4. The said city shall be divided into not less than four wards, the boundaries of which shall be fixed by city ordinance, and shall be so established that the population of the several wards shall as near as practicable be equal.
Section 1-5. Annexations.
Additions may at any time be made to said city of land adjoining the boundaries thereof, by the owner or owners making a plat of such proposed addition, and recording the same in the office of recorder of Livingston County, after the same shall have been approved by the city council, which shall have the power to require that the streets, avenues, alleys, lots and blocks shall be so arranged as not to injure the symmetry of the city, or interfere with the convenience of the public, and from the time such addition or additions shall have been approved and recorded as aforesaid, they shall become to all intents and purposes part and parcel of said city.
ARTICLE II
OFFICERS AND THEIR ELECTION
Section 2-1. Composition of governing body.
Section 1. The municipal government of the city shall consist of a city council, composed of a mayor and one councilman from each ward, and one councilman from the city at large, who, in the absence of the mayor, shall for the time being discharge the duties of that office.
Section 2-2. Mayor is chief executive.
Section 2. The chief executive officer of the city shall be a mayor who shall be elected by the qualified voters of the city and shall hold his office for one year and until his successor shall be elected and qualified.
Section 2-3. Qualifications for mayor.
Section 3. No person shall be eligible to the office of mayor who is not a citizen of the United States, of the State of Missouri, and has not resided in the city one year next preceding his election, who is not an owner of real estate in said city, or who holds any office of trust or profit either under the United States or State of Missouri.
Section 2-4. Vacancy in mayor's office.
Section 4. If any mayor shall, during his term of office, remove from the city, his office shall be vacated.
Section 2-5. Tie vote for mayor.
Section 5. When two or more persons receive an equal number of votes for mayor, the judges of election shall certify the same to the council, who shall order a new election.
Section 2-6. Contested election.
Section 6. Whenever an election is contested, the council shall determine the same by vote.
Section 2-7. Removal of mayor.
Section 7. In case the mayor shall at any time be guilty of an omission of duty, or shall be guilty of an oppression, misconduct or partiality in the discharge of the duty of his office he shall be tried before the city council, and if found guilty, be removed from office by a two-thirds vote of the members of said city council.
Section 2-8. Filling vacancy in office of mayor.
Section 8. Whenever any vacancy shall occur in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the same shall be filled by an election, held in such manner as shall be described by ordinance.
Section 2-9. Qualifications for councilmen.
Section 9. The qualifications for councilmen shall be the same as those prescribed for mayor.
Section 2-10. Removal from ward.
Section 10. If any councilman shall after his election remove from the ward for which he was elected, his office shall thereby be vacated.
Section 2-11. Judge of council.
Section 11. The city council shall judge the qualifications, elections, and returns of their own members and shall determine all contested elections.
Section 2-12. Quorum, adjournment.
Section 12. A majority of the city council shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members under such penalties as shall be prescribed by ordinance.
Section 2-13. Regulation of conduct.
Section 13. The city council shall have power to determine the rules of its proceedings, punish its members for disorderly conduct, and with the concurrence of two-thirds of the members elected, expel a member.
Section 2-14. Journal of proceedings.
Section 14. The city council shall keep a journal of its proceedings; and the yeas and nays, when demanded by any member present, shall be entered on the journal.
Section 2-15. Councilman not to hold other office.
Section 15. No councilman shall be appointed to any office under the authority of the city.
Section 2-16. Filling vacancies in council.
Section 16. All vacancies that occur in the board of councilmen shall be filled by election.
Section 2-17. Oath of office.
Section 17. The mayor and each councilman before entering on the duties of their office shall take and subscribe the oath required of all civil officers by the constitution and laws of this state.
Section 2-18. Tie vote for councilman.
Section 18. Whenever there is a tie in the vote for councilman, the judges of election shall certify the same to the mayor, who shall order a new election immediately.
Section 2-19. Regular meetings.
Section 19. There shall be twelve stated meetings of the city council in each year at times and places as may be prescribed by ordinance.
Section 2-20. City marshal appointed.
Section 20. There shall be a city marshal, who shall be appointed by the mayor and city council, who shall hold his office one year, and until his successor shall be duly appointed and qualified, unless sooner removed by a majority vote of the city council, which may be done at any time in the discretion of the council. (Acts 1874, p. 298, Sec. 2)
Section 2-21. Annual election.
Section 21. There shall be an election held for the purpose of electing a mayor, a councilman from each ward and a councilman-at-large; which said election shall be governed in all respects, as far as practicable, by the general election law of this state; and the city council may establish by ordinance as many election districts and places of voting at said election as they may deem necessary; they shall appoint the judges and clerks of the election; they shall give at least fourteen days' notice of any election, by publication in some newspaper published in said city. (Acts 1874, p. 298, Sec. 1) [Amended by voters, Ord. 98-56, 4/27/98)
[Revisor's Note: 81.070, RSMo. now requires elections every 2 years]
Section 2-22. Term of officers
Section 22. All officers, elected or appointed under the provisions of this charter, shall hold their offices until their successors shall be duly elected or appointed and qualified according to law.
Section 2-23. Filling vacancies.
Section 23. Whenever any vacancy shall happen by death, removal, resignation or otherwise of any officer elected by the people, such vacancy shall be filled by a new election and the City Council shall order such new election within 10 days after the occurrence of such vacancy and in such manner as may be prescribed by ordinance.
Section 2-24. Defaulters not qualified.
Section 24. No person shall be eligible to any office or place under this or any other act in relation to said city, who is now, or may hereafter be a defaulter to said city, or to the State of Missouri, or to any city or county thereof, and any person shall be considered a defaulter who has refused or neglected or may hereafter refuse or neglect, for thirty days after demand made, to account for and to pay over to the party authorized to receive the same any public money which may have come into his possession, and if any person holding any such office or place shall become a defaulter whilst in office, the office or place shall thereupon become vacant.
Section 2-25. Conduct of elections.
Section 25. The manner of conducting and voting at elections to be held under this act, the keeping of poll lists, canvassing of the votes and certifying the returns, shall be the same, as nearly as may be, as is now or may be hereafter provided by law at general state elections, provided the city council shall have power to regulate elections.
Section 2-26. Qualification of voters.
Section 26. No person shall be entitled to vote at any election under this act who is not entitled to vote at state elections; he shall, moreover, have been an actual resident of the city for sixty days, and of the ward for which he votes, thirty days. Provided that the voter shall be deemed a resident of the ward in which he has lodged for thirty days next preceding the election at which he votes. (Acts 1873, p. 229, Sec. 2) [Revisor=s Note: 115.137.1 RSMo; 115.133 RSMo; 115.135 RSMo overrides durational requirements on residency]
Section 2-27. Recall of elective officer.
Electors of the City shall have the right of recall of the holder of any elective office in the City.
That said election shall be the same, as nearly as may be, as is now or may be hereafter provided by law at general state elections, provided the city council shall have power to regulate elections. (94-109, 11/14/94).
ARTICLE III
DUTIES OF OFFICERS
Section 3-1. Mayor presiding officer.
Section 1. The mayor shall preside at all meetings of the city council and shall have a casting vote, and no other. In case of a vacancy in the office of mayor, or his being unable to perform the duties of his office, by reason of temporary or continued absence, or sickness, the councilman-at-large shall be vested with all the powers and perform all the duties of mayor until the mayor shall resume his office, or the vacancy be filled by a new election.
Section 3-2. Councilmen, fire wardens, conservators of peace.
Section 2. The members of the city council shall be fire wardens and conservators of the peace, and shall be exempt from jury duty during their terms of office.
Section 3-3. Call of special meetings.
Section 3. The mayor or any two councilmen may call special meetings of the city council.
Section 3-4. General powers of mayor.
Section 4. The mayor shall take care that the laws of the state and the ordinances of the city are duly enforced, respected and observed within the city, he may upon good cause shown and by and with the consent of the city council, remit fines, forfeitures and penalties, accruing from or imposed for a violation of any city ordinance; he shall have power to nominate and by and with the consent of the city council, to appoint all city officers, not ordered by this act to be elected by the people, or otherwise appointed; also to suspend and by and with the consent of the city council to remove any city officer except those elected by the people; he may fill any vacancy which may occur in any elective office until the same be filled by election as herein provided; he shall from time to time give the city council information relative to the state of the city, and shall recommend to their consideration such measures as he shall deem expedient for the advantage of the city.
Section 3-5. Mayor signs commission of officers.
Section 5. The mayor shall sign the appointment or commission of every officer, elected or appointed, in the city government.
Section 3-6. Mayor's authority over officers.
Section 6. That he [the mayor] shall have power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, and make report in writing, touching any subject or matter he may require pertaining to his office.
Section 3-7. Other elected, appointed officers.
Section 7. There shall be a city clerk, city attorney, city engineer, city auditor, and city treasurer, who shall be appointed by the mayor and city council to hold their offices for one year, and until their successors are duly appointed and qualified; who shall in addition to the duties as may be prescribed by this act, perform such other duties as may be prescribed by ordinance; there shall also be such other officers, servants, and other agents of the corporation as may be provided for by ordinance, not in conflict with the provisions of this act, to be appointed by the mayor, by and with the consent of the city council.
[Revisor's Note: Chapter 81.070, RSMo. now provides for election of a constable, an attorney, a treasurer who is also ex-officio collector, an auditor, and a clerk.]
Section 3-8. General duties of clerk.
Section 8. It shall be the duty of the city clerk to attend all the meetings of the city council, to keep a true record of its proceedings, also to keep a record of all the official acts of the mayor, and when necessary to attest them; he shall keep and preserve in his office the corporate seal of the city, and all records, public papers and documents of the city, not properly belonging to any other office, he shall be authorized to administer oaths, copies of all papers filed in his office and transcripts from the records of all proceedings of the city council, duly certified by him, under the corporate seal, shall be taken as evidence in all courts in this state.
Section 3-8.1. Recorder to be ex-officio city clerk.
That hereafter the city recorder shall be, by virtue of his office, city clerk, and shall have and possess all the powers granted by the city charter and the ordinances made in pursuance thereof to the city clerk, and shall be liable to all the duties and obligations thereby imposed. (Acts 1873, p. 229, Sec. 4)
Section 3-9. General duties of recorder.
Section 9. The city recorder shall have the powers and jurisdiction of a justice of the peace within the limits of the city, in all matters; he shall have exclusive jurisdiction over all cases arising under any ordinance of the city, subject, however, to an appeal in all cases to the Livingston County Circuit Court or court of common pleas; every such appeal shall be taken and granted in the same manner as appeals from justice of the peace in civil cases. Said recorder shall not be removed except by two-thirds majority of the city council; his fees shall be fixed by ordinance, and taxed as other costs in the cause.
Section 3-10. General duties of attorney.
Section 10. The city attorney shall prosecute all violations of city ordinances and in appellate courts to all appeals in cases originating before the city recorder; he shall appear for the city in all courts of record within this state in any case where the City of Chillicothe is either party, plaintiff or defendant, or a party in interest; he shall in all cases be the legal adviser of the city, and when requested by an officer of the city or city council, shall furnish a written opinion upon any legal question upon which he or they may require information in regard to the duties of his or their office.
Section 3-11. Compensation of attorney.
Section 11. The fees of the city attorney in all cases prosecuted before the city recorder shall be fixed by ordinance, and taxed as other costs in said cause by the city recorder; for all other legal services rendered the city or its officers, a salary or reasonable fees shall be allowed by the city council.
Section 3-12. General duties of marshal.
Section 12. The city marshal of the City of Chillicothe when duly elected and qualified, shall have power to execute all writs or other processes issued by the recorder, and serve criminal processes, warrants and subpoenas anywhere within the limits of Livingston County for offenses committed within the limits of the corporation, and shall have the same fees therefore as constables of townships; he shall be a conservator of the peace, shall be vigilant and active in the suppression of riots, routs and disorderly conduct in the city, and for this purpose may arrest suspicious and disorderly persons within or without the city, and take them before the recorder for trial or examination without process; he shall have power to commit persons to the work house or county jail, or other places of safe keeping until trial or examination can be had, and shall do and perform all duties which may be enjoined on him by ordinance or resolution of the city council; he shall have power to collect all fines, forfeitures and penalties which may accrue to the said city, not otherwise provided for by ordinance, and in the performance of any duty enjoined on him by ordinance or resolution of the city council, he shall be invested with such power as shall be conferred upon township constables by the laws of this state; he shall by virtue of his office be collector of the taxes and revenue within the city, and shall give such bond or bonds and security for the performance of his duties as marshal and collector as may be prescribed by ordinance, and shall make his returns and pay over to the treasurer all money collected by him, as often as required by the city council.
Section 3-12.1. Marshal to be street commissioner.
That hereafter the city marshal shall, by virtue of his office, be street commissioner, and shall have and possess all the powers granted by the city charter and the ordinances made in pursuance thereof to the street commissioner, and shall be liable to all the duties and obligations thereby imposed. (Acts 1873, p. 229, Sec. 5)
Section 3-13. General duties of engineer.
Section 13. The city engineer shall superintend the construction of all public works ordered by the city council, shall make out plans, specifications and estimates therefore, and perform surveying and engineering ordered by the city council.
Section 3-14. General duties of auditor.
Section 14. The city auditor shall be the general accounting officer for the city, he shall audit all accounts and claims against the city under appropriations made by the city council, and draw his warrants upon the treasurer for the amount of such accounts; he shall keep true and just accounts with the city treasurer, and the different funds of said city; he shall extend all tax rolls, endorse thereon his warranty to the treasurer, directing collection for the same; he shall have in the delinquent tax lists of said city and shall certify to the treasurer the amount due for such delinquent taxes on any lot or lots upon application of the owner thereof to pay the same; he shall take care that the revenue laws of the city are carefully enforced, and shall discharge all such other duties as may be developed upon him by the ordinances of the city or the provisions of this act, and shall make all reports, estimates and statements required of him by the city council in connection with the business of his office.
Section 3-15. General duties of treasurer.
Section 15. The city treasurer shall pay all warrants legally drawn upon him by the city auditor; he shall keep all necessary books and accounts, and shall have in charge monies, bonds, notes, title deeds and certificates of stock in any corporation, to the stock of which the city shall be a subscriber, and shall faithfully discharge all other duties appertaining to his office that may be developed upon him by the ordinances of said city or the provisions of this act, and shall make all reports required of him in connection with the business of his office.
Section 3-15.1 Treasurer to be tax collector.
That hereafter the city treasurer shall, by virtue of his office, be collector of the taxes and revenue within the city, shall have and possess all the powers granted by this charter and ordinances made in pursuance thereof, for the regulation and control of the collector of the taxes and revenue, and shall be liable to all the duties and obligations thereby imposed. (Acts 1873, p. 229, Sec. 6)
Section 3-16. Commissioning of officers.
Section 16. All officers except the mayor of said City of Chillicothe, elected or appointed under provision of this act, shall be commissioned by the mayor, and before entering upon the discharge of their duties, shall take and subscribe the oath required by the thirteenth section of the second article of the constitution of this state, which said oath shall be endorsed on said officer's commission.
Section 3-17. Vacancy in elective office.
Section 17. In case of vacancy in any elective office by death, resignation, removal from office, or otherwise, the mayor shall within ten days after such vacancy shall occur, cause a special election to be held to fill such vacancy, giving five days notice of such election, by proclamation; provided, that if such vacancy shall occur within three months of the next general city election, no such special election shall be held, but the person appointed by the mayor shall continue to discharge the duties of such office and receive compensation therefore.
ARTICLE IV
LEGISLATIVE POWERS OF THE CITY COUNCIL
Section 4-1. Appointment of officers, newspaper.
Section 1. The city council shall have power to appoint a recorder, a city clerk, city treasurer, city engineer, city attorney, city physician, street commissioner, auditor, a chief and assistance engineer of the fire department, and all such other officers as they may deem necessary; and shall also designate one public newspaper, printed in said city, in which shall be published all ordinances and other matters required in any case by this act.
Section 4-2. Enumeration of powers.
Section 2. The city council shall have the management and control of the finances, and all property, real, personal and mixed, belonging to the corporation, and shall likewise have power within the jurisdiction of the city, by ordinance:
First: To borrow money on the credit of the city, and issue bonds of the city therefore subject to the restrictions in this article prescribed;
Second: To appropriate money, and provide for the payments of the debts and expenses of the city;
Third: To make regulations to prevent the introduction of contagious diseases into the city, to make quarantine laws for the purpose, and to enforce them within the city, and within three miles thereof;
Fourth: To make regulations to secure the general health and comfort of the inhabitants; to prevent, abate and remove nuisances, and to punish the author thereof by penalties, fines and imprisonment; to define what shall be deemed nuisances, and to direct the summary abatement thereof;
Fifth: To provide the city with water; to make, regulate and establish public wells, pumps and cisterns, hydrants and reservoirs in or under the street within the city, or beyond the limits thereof for the extinguishment of fires and the conveniences of the inhabitants, and to prevent the unnecessary waste of water;
Sixth: To have the exclusive control and power over the streets, public grounds and highways of the city; to open, alter, widen, extend, establish, grade, pave, or otherwise improve, clear and keep in repair the same; to prevent and remove all encroachments thereon, or obstructions thereof; to put drains and sewers in the same, and to regulate the building of vaults, under sidewalks, and to prohibit the erecting of awning or sheds, and direct and control the erection thereof;
Seventh: To provide for the lighting of the streets and erecting of lamps thereon, and to regulate the price and quality of gas;
Eighth: To provide for the erection of market houses, and all needful buildings for the use of the city; to provide for the government and regulations of markets, market places and meat shops, and the amount of license to be paid therefore;
Ninth: To provide for the enclosing, improving and regulating all public grounds belonging to the city;
Tenth: To establish hospitals and provide for the government thereof;
Eleventh: To license, tax and regulate auctioneers, grocers, merchants, retailers, and innkeepers, and to license, tax and regulate and suppress eating houses, restaurants, hawkers, peddlers, brokers, pawnbrokers, intelligence offices, theatrical and other exhibitions, shows and amusements, billiard tables, gift enterprises, tippling houses, dram-shops, ten-pin alleys, and ball alleys, and to suppress gaming, gambling houses, bawdy-houses and other disorderly houses;
The city council shall have sole and exclusive power to license, tax and regulate dram-shops and tippling houses, ten-pin alleys and billiard tables, within the corporate limits of the city. (Acts 1873, p. 229, Sec. 3)
Twelfth: To license, tax and regulate hackmen, draymen, omnibus drivers, porters, and all others pursuing like occupations, with or without vehicles, and to prescribed their compensation, and to regulate, license and restrain runners for cars, stages and public houses;
Thirteenth: To authorize the proper officers of the city to grant and issue licenses, and to direct the manner of issuing and registering the same, and the fees and charges to be paid therefore. No license shall be granted for more than one year, and not less than five dollars shall be charged for any license under this act, and the fees for issuing the same shall not exceed one dollar; but no license for the sale of wine or other liquors, malt, ardent, vinous, spirituous, shall be issued for less than fifty (50) dollars;
Fourteenth: To restrain, regulate and prohibit the selling or giving away of any intoxicating or malt liquors by any person within the city, other than those duly licensed; to forbid and punish the selling or giving away of any intoxicating liquors to any minor or habitual drunkard;
Fifteenth: To restrain and punish engrossing, forestalling and regrating; to regulate the inspection and rending of fresh meats, poultry and vegetables, or butter, lard and other provisions, and the place and manner of selling fish, and inspecting the same;
Sixteenth: To require all tracters or dealers in merchandise or property of any description, which is sold by measure or by weight, to cause their measures or weights to be tested and sealed by the proper officer, and to be subjected to this inspection, the standard of such weights and measures shall conform to those established by law;
Seventeenth: To regulate and provide for inspecting and measuring lumber, shingles, timber, posts, staves, headings and all kinds of building materials, and for measuring all kinds of mechanical work and to appoint one or more measurers and inspectors therefore;
Eighteenth: To provide exclusively for the inspection and weighing of hay, lime and stone, coal, and the place of selling the same, to regulate the measurement of firewood, charcoal and other fuel, to be sold or used within the city and the place and manner of selling the same;
Nineteenth: To regulate and control the storage of gunpowder, coal oil, and burning fluids, tar, pitch, resin, lumber, and other combustible materials and the location of lumber, coal and wood yards, or other places for the keeping and sale of articles and materials in danger of fire, and to compel the owner of any property, grocery, cellar, soap or tallow chandler, or blacksmith shop, tannery, stable, slaughter house, distillery, breweries, sewer, sink, privy, or other unwholesome or nauseous place to clean, remove, or abate the same, as may be necessary for the health, comfort and convenience of the inhabitants;
Twentieth. To regulate the inspection of beef, pork, flour, meal and other provisions, whiskey and other liquors, to be sold in barrels, hogsheads, and other vessels or packages; to appoint weighers, gaugers and inspectors, and to prescribe their duties, and to regulate their fees, provided that nothing herein shall be so construed as to require the inspection of any articles enumerated herein which are to be shipped beyond the limits of this State, except at the request of the owner or his agent;
Twenty-first. To regulate the weight and quality of bread to be sold within the city;
Twenty-second: To create, regulate and establish the police of the city, to appoint watchmen and policemen, and prescribe their duties and powers;
Twenty-third: To prevent and suppress any riot, rout, affray, noise, disturbance, or disorderly assembly in any public or private place within the city;
Twenty-fourth. To prevent, prohibit and suppress horse-racing, immoderate riding or driving within the city, and authorize persons immoderately riding or driving as aforesaid, to be stopped by any person, to prohibit it, and to punish the abuse of animals, to compel persons to fasten their animals attached to vehicles while standing in the street;
Twenty-fifth: To restrain and punish vagrants, mendicants, street beggars and prostitutes;
Twenty-sixth: To prohibit the running at large of cattle, hogs and other animals, and to authorize the impounding and sale of the same;
Twenty-seventh: To tax, regulate, restrain and prohibit the running at large of dogs, and to authorize their destruction, when at large contrary to ordinance;
Twenty-eighth: To prohibit the rolling of hoops, flying of kites, or any other amusement or practice tending to annoy persons passing on the streets or sidewalks, or to frighten horses or teams; to restrain and prohibit the ringing of bells, blowing of horns or bugles, crying of goods and all other noises, performances and practices tending to the collection of persons on the streets and sidewalks by auctioneers and others for the purpose of business, amusement or otherwise;
Twenty-ninth: To provide for taking an enumeration of the inhabitants of the city;
Thirtieth: To erect or establish a workhouse or house of correction, make all necessary regulations therefore, and appoint all necessary keepers or assistants; in such workhouse or house of correction, may be confined all vagrants, stragglers, idle and disorderly persons who may be committed thereto by the proper officer, and all persons sentenced by the recorder's court in the City of Chillicothe, for any offense cognizable by said court; and any person who shall fail or neglect to pay any fine or penalty, or costs imposed for any misdemeanor, or breach of any ordinance of the city may be kept therein, subject to labor and confinement;
Thirty-first: To direct and control the construction and laying of railroad tracks, bridges, turnouts and switches, in the streets and alleys, not interfering with the right-of-way, under such conditions as may be granted by the charter of any railroad company, to require that the railroad track, bridges, turnouts and switches shall be so constructed and laid as to interfere as little as possible with the ordinary travel and the use of the streets and alleys, and that sufficient space shall be left on either side of said track for the safe and convenient passage of teams and persons; to require the railroad companies to keep in repair the streets or alleys through which their tracks may run, and to light the same; to construct and keep in repair suitable crossings at the intersections of the streets and alleys, ditches, sewers and culverts, to direct the use and regulate the speed of locomotive engines within the limits of the city; to prohibit and restrain railroad companies from doing storage or warehouse business or collecting pay for storage;
Thirty-second: To regulate the size of bricks to be sold or used in the city;
Thirty-third: To pass, publish, amend and repeal all ordinances, rules and police regulations, in harmony with the Constitution and laws of the United States and of this State and the provisions of this act, and necessary for the good government, peace and order of the city, and the trade and commerce thereof, and that may be necessary and proper for carrying into effect the provisions of this act and the powers vested thereby in the corporation, or any department or officers thereof. To enforce the observance of all such rules, ordinances, and police regulations, and to punish violations thereof by fines, penalties and imprisonment in the city prison or workhouse; but no fines or penalty shall exceed two hundred dollars, nor imprisonment to exceed six months for any violation of any ordinance of the city, and such fine or penalty may be recovered with costs by suit in the name and for the use of said city, before any court of competent jurisdiction, and punishment inflicted, and any person upon whom any fine or penalty is imposed shall stand committed until the payments of the same, with costs, and in default thereof may be imprisoned in the city prison or workhouse, or be required to labor on the streets or public works of the city for such time and in such manner as may be prescribed by ordinance;
Thirty-fourth: To regulate the election of all elective city officers and provide for the removing from office all persons holding office under the provisions of this act, where such election and removal is not otherwise provided for by this charter;
Thirty-fifth: To provide for the appointment of all officers, servants and agents of the corporation not otherwise provided for;
Thirty-sixth: To fix the compensation of city officers and regulate the fees of all jurors, witnesses and others, for services rendered under this act, or by any ordinance; provided that the compensation of no officer herein provided for be increased or diminished during his term of office;
Thirty-seventh: To provide for assessment, levying and collection of the taxes herein provided, upon all property made taxable for State purposes within the limits of the city, and not exempt by general law from municipal taxation;
Thirty-eighth: To cast the vote of the city in all elections for directors or other officers of railroads or other corporations, in which said city shall be a stockholder.
ARTICLE V
REVENUE
Section 5-1. Authority to assess.
Section 1. The city council shall have power by ordinance to prescribe the form of assessment rolls, and prescribe the duties and define the powers of assessors; provided, that the assessors shall have the same powers as state assessors. The city council may also make such rules and give such directions in relation to revising, altering or adding to the rolls as they may deem proper and expedient.
Section 5-2. General power to collect taxes.
Section 2. The city council shall have power and authority to levy and collect taxes upon all property, real and personal, taxable by law for State purposes within the limits of said city, and not by general law exempt from municipal taxation, not exceeding one-half of one per centrum per annum upon the assessed value thereof, to defray the contingent and other expenses of the city, not herein otherwise provided for, which taxes shall constitute the general fund.
Section 5-3. Annual levy generally.
Section 3. The city council shall each fiscal year levy and cause to be collected a tax on all the real and personal property, taxable by law for state purposes within said city, and not by general law exempt from municipal taxation, sufficient for the payment of all interest and bonds, for the payment of which the said city is liable during said fiscal year, which year shall commence the first day of April and end the thirty-first of March following, and said tax, when collected, shall be applied exclusively to such payment and to no other purpose; provided, however, that if in any fiscal year the amount of bonds maturing shall exceed twenty thousand dollars, the city council shall provide for the said excess by the reissue of bonds bearing no higher rate of interest, and running for no shorter term of years, than were the bonds in excess as maturing at the date of their issue.
Section 5-4. Levy for street lighting.
Section 4. The city council shall have power to levy and collect on the real estate in the lamp district or districts which they can from time to time create, a sufficient tax to defray three-fourths of the expense of lighting the streets in such district or districts respectively.
Section 5-5. Poll tax, dog tax.
Section 5. The city council shall have power to levy and collect a poll tax not exceeding one dollar and fifty cents for every year upon all male persons, residents of the city, over the age of twenty-one years, and under fifty years, which tax shall be appropriated to the improvement of the streets within the limits of the city, and to no other purpose. All residents of the city shall be exempt from working on the public roads or highways beyond the city limits, nor shall they be compelled to pay poll tax for keeping the same in repair. The city council shall also have power to levy and collect a tax on dogs not exceeding five dollars, nor less than one dollar, whether male, female, or pups.
Section 5-6. Property tax.
Section 6. The city council may levy and collect a special tax on all real and personal property within the city, taxable by law for State purposes, and not by general law exempt from municipal taxation, for the erection of markets, city hall, hospitals, or workhouses, waterworks, and gas works, within and without the city limits, for the purchase of market grounds, public squares, parks, gas works, or for any public improvement; provided, that the estimated cost of such improvements or purchases may be apportioned by the city council and collected by a series of annual assessments; but no tax or taxes shall be levied in any one year, under this section, which shall exceed five mills on the dollar on the property assessed for any and all purposes in this section specified; provided, further, that the proposition for such special tax shall have been first submitted to a vote of the qualified voters of said city, and approved by a majority thereof; provided however, that the mayor and city council shall have power to levy a tax on all the real and personal property in the city taxable for state purposes, and not exempt by law from municipal taxation, not exceeding one per cent, in order to complete the market house and city hall building already commenced and in course of construction, without any vote being taken on the same. Whenever the owners of a majority of the real estate fronting on any street, avenue, lane, alley, or parts thereof, shall petition the city council to grade, pave or macadamize such street, avenue or alley, the city council shall order an assessment to be made of all the property fronting on such street, lane, avenue, or alley, or parts thereof, proposed to be graded, paved or macadamized, and shall levy and collect a special tax according to extent of front of property fronting on the same to the amount of one-half of the sum required to make the improvement petitioned for, and the city council shall supply the remainder from any money in the treasury not otherwise appropriated.
Section 5-7. Assessment for sidewalks.
Section 7. Whenever it shall appear to the city council that a sidewalk is needed for public convenience along any avenue or street, or whenever the owners of a majority of the real estate fronting on any avenue, street, or block thereof, shall petition the city council to construct sidewalks along the side or sides of such avenue, street, or block thereof, the city council shall order an assessment to be made of all the property fronting on the avenue, street or block along which the proposed walk is to be constructed, and shall levy and collect a special tax according to the extent of the respective fronts, sufficient to make the sidewalk ordered to be made or petitioned for, which shall be applied to that purpose and no other; provided, that the city council may permit any owner of the property fronting on the proposed sidewalk to construct same under the direction of the city engineer or street commissioner in strict conformity in all respects with the remainder of the sidewalks on such avenue, street or block.
Section 5-8. Property liable for taxes.
Section 8. The general and special taxes levied by the city on property in conformity with the powers granted by this charter shall constitute a lien on the property against which they are levied, until paid, and the city council shall have power to cause real estate to be sold for delinquent taxes in such manner as they may provide by ordinance; and to provide for the redemption thereof in such manner as shall not be inconsistent with the laws of this state and may in the same manner give power to the city collector to levy upon and sell any personal property, delinquent for taxes or to bring suit in the name of the city against any person delinquent in the payment of taxes, in any court of competent jurisdiction, which court shall render judgment therefore, at the return term thereof, unless such delinquent shall file an affidavit that said taxes have been paid, or were levied in error, in which case the court may grant a continuance until the next term thereof, but not longer, and upon award of judgment against said delinquent for the amount of taxes, with all interest, penalties and charges, as may be prescribed by ordinance, together with the costs of the proceedings, special execution shall issue against the delinquent property, which shall be enforced as in other civil cases under the laws of this state.
Section 5-9. Tax deeds.
Section 9. The city council shall have power to cause to be made or executed by the city collector, a deed or deeds, for lots or lands when the same shall have been sold under the ordinances of the city, for non-payment of taxes due the city; and such deeds, when executed shall be received in like manner, and shall have the same force and effect as state tax deeds by the general laws of the state.
Section 5-10. General duties of treasurer.
Section 10. The city treasurer shall be the sole custodian of all funds belonging to the City of Chillicothe from whatsoever source derived and shall disburse the same only upon the proper warrant of the city auditor, countersigned by the city clerk, except for the redemption of the bonds and interest coupons of said city as the same shall from time to time mature, and said city treasurer shall upon payment of such bonds or coupons immediately cancel the same and said treasurer shall at the end of each quarter surrender to the city auditor all bonds or coupons so retired by him during each quarter, and the city auditor shall issue to the treasurer a warrant for the amount of the same, which said bonds and coupons having been compared by the auditor with the register of bonds issued and duly marked "cancelled" thereon, shall by said auditor be filed in his office until the close of the fiscal year; when upon settlement of said auditor's accounts with the city, said bonds and coupons shall be burned in the presence of the city council, or a committee thereof, and the clerk of said council shall certify under the seal of the city, the numbers and amounts of said bonds and coupons so burned, and for what purpose issued, which certificate shall be filed by the auditor in his office.
Section 5-11. Warrants restricted.
Section 11. No warrant shall be drawn by the city auditor or be paid by the city treasurer unless the money has been previously appropriated by order of the city council; provided that the auditor may draw his warrant on the treasurer for the refunding of money to any purchaser or purchasers at any city tax sales, where the property so purchased may have been redeemed by the owner thereof subsequent to such sale, in which case the certificate of purchase to be surrendered to the auditor by such purchaser or purchasers shall be a sufficient voucher to the auditor for the issue of his warrant upon the treasurer for the amount due them.
Section 5-12. Appropriations restricted.
Section 12. The city council shall not make any appropriation for any purpose whatsoever exceeding one thousand dollars in excess of the income received and unappropriated at the time any such appropriation is made.
Section 5-13. Approval of certain appropriations.
Section 13. The city council shall have no power to appropriate money for other purposes than are provided for in this charter, without first submitting such appropriation to a vote of the qualified voters of said city and a majority thereof shall have approved of such appropriation; nor shall the city auditor draw his warrant for, nor the treasurer pay the amount of, or any portion of such appropriation, without the approval of the majority of the qualified voters for such appropriation as herein provided.
Section 5-14. Cooperation of auditor, treasurer; criminal liability.
Section 14. The auditor and treasurer shall have free access to each other's offices for the inspection of all books, accounts and papers which may concern any of their duties, and if the said city auditor shall knowingly issue any warrant upon the city treasurer, not authorized by law, or if said city treasurer shall willfully and unlawfully refuse to pay any warrant lawfully drawn upon him, or if either of said officers shall willfully neglect or refuse to perform any duty enjoined on them by law, or shall willfully do any act not authorized by law or in any other manner not required by law, they shall be deemed guilty of a misdemeanor, and, upon conviction, shall forfeit to the city any sum not exceeding five hundred dollars, and be imprisoned in the county jail of Livingston County for any length of time not exceeding one year.
Section 5-15. Ordinances authorized.
Section 15. The city council shall, by ordinance, as soon as practicable after the passage of this act, provide for an appeal from the decision of the auditor of the City Council by any person interested in the decision of any claim or account against the city, and also the issuing of duplicate bonds, coupons and warrants, in lieu of those which may be proved to have been destroyed or lost, under such conditions and restrictions as the interest of the city shall require, and also prohibiting the city auditor and treasurer or their clerks or employees, or any other city officer from dealing in the bonds, coupons, warrants or other evidences of city indebtedness, at less than their par value; and the city council shall have power to pass such other ordinances for the collecting, safe keeping and disbursing the revenue of said city, as they may deem necessary and proper, and not inconsistent with the provisions of this charter, or of the constitution and laws of this state.
Section 5-16. Transfer of monies to treasurer.
Section 16. All persons other than the city treasurer, charged with the collection of monies under the ordinances of the city, shall promptly pay the same over to the treasurer under such penalties for default thereof as the ordinances of said city shall prescribe; for which money the said treasurer shall issue duplicate receipts, and the person receiving the same forthwith deposit one of them with the city auditor, who shall credit the person accordingly and charge the treasurer with the amount; and the city council, by ordinance, shall provide for the keeping of all books, accounts and registers by said auditor and treasurer as shall be necessary to the exhibiting of the financial affairs of said city in a plain, clear and comprehensive manner, which books, accounts and registers shall at all times be open to the inspection of the city officers, city council, or any committee thereof, or any citizen of said city during the usual hours for business in the offices where the same shall be kept.
Section 5-17. Contracts, bids for public improvements.
Section 17. All city improvements of whatever kind or character including the erection of all public buildings made or to be erected at the expense of the said city, shall be let by contract to the lowest responsible bidder; and previous to the execution of any such contract for the making of improvements or the erection of buildings, the city auditor shall advertise in at least one paper published in said city for sealed proposals for the doing of the required work, the first insertion of which advertisement shall be at least twenty days prior to the day specified for the opening of such bids, upon which day the said auditor, in conjunction with the city treasurer and engineer, shall examine all the proposals received, and if all such propositions are not deemed too high for the proposed work, the contract shall be awarded as herein specified, and upon the approval of such award by the city council, the mayor shall execute in behalf of said city, contracts in triplicate with the successful bidder or bidders, each of which shall be countersigned by the city clerk under his official seal; and one copy thereof shall be filed with the city auditor, one shall be delivered to the city engineer or other officer in charge of the work to be constructed, and the third to the constructor; provided, that nothing in this section shall be so construed as to prevent the repairs by day's work of streets, sewers, culverts, buildings or other city property, so far as may be necessary for their preservation, under the direction of the city engineer or other proper officer, when such repairs shall have been ordered to be made by a vote of the city council.
Section 5-18. Borrowing limited.
Section 18. The city council may, under the general power to borrow money on the credit of the city (as provided in Section Two (2), Article Four (IV)(Section 4-2 of this compilation), provided by ordinance for borrowing money or issuing the bonds of the city for the following objects:
First. In payment of any subscription by said city to the stock of any railroad which may terminate in or pass through said city, or in and of the construction thereof;
Second. To grade, pave, macadamize or otherwise improve any public street or avenue in said city, where such improvement is not made upon the petition of a majority of the property holders fronting on said streets or avenues or where the charging of such work or improvement against such property would from its magnitude be extraordinarily burdensome on the owners thereof, and such would be for the general benefit of the entire city;
Third. To construct public sewers;
Fourth. To purchase the grounds upon which to erect the buildings and reservoirs necessary for lighting said city with gas, and for supplying its inhabitants with water; and to complete and put in operation such gas and water works, with all the mains, pipes, levels, hydrants or other apparatus, machinery and fixtures in anywise appertaining thereto;
Fifth. For the erection of all public buildings of whatever character or description necessary to the use of said city; provided, however, that every ordinance for borrowing money shall specify the sum to be borrowed, and the object to which the same is to be applied, and that it shall have been passed by a vote of a majority of the city council, and after due publication in the several newspapers published in said city, it shall have been submitted to a vote of the qualified voters thereof, and approved by the two-thirds of the votes cast at any general or special election held in said city, before such ordinance shall be in force and effect; and provided, however, that the mayor and city council shall have the power without submitting the same to a vote of the people, to issue bonds with interest not exceeding 10 per cent per annum, and not exceeding ten thousand dollars in amount; for the purpose of completing the city hall and market house building already commenced and in course of construction, provided further, that until and after said city shall contain by actual enumeration, a population of six thousand inhabitants, the public debt, including the floating debt, of said city of Chillicothe, shall not exceed the sum of one hundred and twenty-five thousand dollars, and all bonds, subscription, and other evidences of indebtedness issued or made by said city in excess of said sum shall be absolutely null and void. Whenever a proposition to borrow money shall be passed and approved as hereinbefore provided, the bonds may be issued in pursuance of ordinance, in proper form, with the necessary coupons attached, having not more than thirty years to run, and in denomination of not less than five dollars each, and bearing such rates of interest not exceeding ten per cent per annum, and payable at such place as the ordinance authorizing such issue may prescribe; said bonds shall be signed by the mayor and attested by the city clerk, under his official seal, who shall deliver the same to the city auditor, who shall countersign said bonds, register the same in proper books, to be kept for that purpose, sign the interest coupons attached thereto and deliver the same to the city treasurer, or other person or persons authorized by ordinance to receive them, and take his or their receipts for the same.
Section 5-19. Subscription for stock restricted.
Section 19. The city shall not at any time become a subscriber for any stock in any corporation unless the proposition to subscribe such stock shall have been passed and approved in like manner as is herein provided for propositions to borrow money.
Section 5-20. Annual accounting.
Section 20. The city council shall provide by ordinance for a settlement of the accounts of the auditor and treasurer, or other city officers charged with the collection of city funds, at the close of each fiscal year, and shall publish in a paper published in said City of Chillicothe, a statement of receipts and expenditures of every description for the last fiscal year, including all monies that have passed through the hand of the auditor and treasurer for any purpose whatsoever, together with the different sources of city revenue, the amount received under each, the several appropriations made by the city council, the object of such appropriations and the sum expended under each, also a statement of all money borrowed upon the credit of the city, whether by temporary loans or otherwise, the terms of such loans, by what authority made, how applied, how much of the same or other city indebtedness remains unpaid, together with the auditor's estimates for the next fiscal year, and such other special information as will give the people of said city a concise and plain statement of the condition of its financial affairs.
Section 5-21. Bonds of officers.
Section 21. The city council shall by ordinance prescribe the amount of bonds to be required from each and every officer elected or appointed under this act, and the number of sureties to be required for each, which said bonds, when approved by the mayor, shall be filed with the city clerk.
ARTICLE VI
OF OPENING AND IMPROVING AVENUES, STREETS AND ALLEYS,
AND OF THE CLASSES AND CONSTRUCTION OF SEWERS
Section 6-1. Eminent domain - Compensation required.
Section 1. Whenever the city council shall provide by ordinance for establishing, opening, widening or altering any street, avenue or alley, or public ground or square, and it becomes necessary for that purpose to take private property and no agreement can be made with the owners thereof, just compensation shall be made therefore to the persons whose property is so taken, which the city recorder shall cause to be ascertained by a jury of six disinterested freeholders of the city, the particulars of which proceedings shall be prescribed by ordinance.
Section 6-2. Same - Jury impaneled, notice, hearing.
Section 2. The city recorder shall appoint a day for empaneling a jury and ascertaining the damages, at least six days= notice of which shall be given to the person whose property is proposed to be taken, and if any of the owners thereof are unknown or cannot be found by the city marshal or are absent from the city (and the return of the marshal shall be conclusive as to the facts therein stated), publication thereof shall be made in a newspaper for at least three weeks before the day appointed, notifying all owners or others interested in the property proposed to be taken, that on the day therein named the city recorder will cause the property therein described to be condemned for public use as an alley, street, avenue, public ground or square, as the case may be, and damages to be assessed therefor as herein provided, and such notice, by publication as aforesaid, shall be binding on all persons whomsoever, having any interest in any property of any portion of the damages in consideration of the benefits to be derived by them.
Section 6-3. Same - Assessment of damages.
Section 3. It shall be the duty of the jury:
First. To ascertain the actual value of the land proposed to be taken for the opening, widening, establishing or altering of any street, avenue, alley or public square, without reference to the proposed improvement, then for the payment of such sum to assess against the owner of the property taken for the opening, widening, altering or establishing of any street, avenue, lane, alley or public square, the benefit or benefits accruing to the remainder of his property on such lane, alley, street, avenue or public square, according to the value of the property so assessed, and in proportion such property may be benefitted by the proposed improvements, and the sum so assessed by the jury against the owner or owners of such property shall be a lien on said property until paid; then the jury shall assess the remainder of the damages ascertained and the benefits accruing to the public generally against the city.
Section 6-4. Same - Set inquest aside, new inquest.
Section 4. The city recorder shall have power, for good cause shown, within ten days after any inquest shall have been returned to him, to set the same aside and cause a new inquest to be made.
Section 6-5. Same - Action by council.
Section 5. If the verdict of the jury be not set aside by the city recorder, it shall be his duty, within ten days, to report the same to the city council, and if not confirmed by the council within ten days after being reported to them by the city recorder, all the proceedings shall be void; if the title to any property proposed to be condemned to be in controversy, nothing shall be paid therefore until the right to the money ascertained by the verdict of the jury is determined by a court of competent jurisdiction in a suit between the parties respectively claiming the same, none of the costs of which litigation shall be borne by the city unless the city be one of the claimants, and during such controversy the money shall remain in the treasury.
Section 6-6. Same - Compromise.
Section 6. Whenever one or more of the owners of property of which it may be necessary to take for public use in the opening of any street, avenue, alley or square, shall propose to relinquish such property without claim of damages, on condition of exemption from payment of benefits for further opening of such improvements, or upon other conditions, the city recorder shall be authorized to compromise or agree with such persons, and to remit, abate or exempt them from payment of the damages in consideration of the payment of benefits, wholly or partly, as equity may seem to require, and for the assessment of benefits and damages to other property on the same street, alley, lane, avenue or public square shall proceed as in other cases.
Section 6-7. Same - Status of judgments.
Section 7. Judgments against the city on account of damages to private property in case of opening, altering, widening or changing alleys, lanes, streets, avenues or public squares, shall not be considered as ordinary judgments, but such judgments shall be held in abeyance and the city shall not take possession of the grounds condemned until such judgments shall be confirmed and appropriations made to pay the same out of the general revenue.
Section 6-8. Same - Appeal.
Section 8. Either party may appeal to the circuit court from the judgment of the recorder's court within ten days after the rendition of said judgment in the same manner as appeals are taken from the justices' courts; such appeals shall not stay the work of establishing, opening, widening or altering of any avenue, street, alley or public square, but such ground may be taken possession of by the city upon tender to the owner or owners of the same of the amount assessed by the jury as damages in the recorder's court.
Section 6-9. Grades of streets generally.
Section 9. The city council shall as soon as practicable after the passage of this act, provide for the establishment by the city or other engineer, of the grades and curbstone lines of each and every avenue or street within the limits of said city, and shall also require said engineer to prepare perfect profiles of said streets, exhibiting the grades at the crossings thereof, and the elevation of all grade points, which said profiles when complete, and the graduation and lines established in accordance herewith, shall be approved by ordinance; and the city or other engineer shall immediately thereafter prepare a corrected diagram of all such streets, exhibiting the graduation and lines thereof, which diagram shall be securely framed and be kept suspended in the office of the city clerk for public examination, and after such graduation shall have been established and approved, no change in the grade of any avenue or street shall be made except by an ordinance, passed by the city council, all the members thereof concurring, and after due notice by publication in at least one of the newspapers published in said city of the pendency of such ordinance before the city council; and in case any such change of grade shall be made, all damages sustained by any person by reason of such change of grade shall be paid by the city; and in the event of a failure on the part of the mayor, or person damaged, to determine the amount of such damages, the same shall be ascertained by the same proceedings provided for on condemning private property for public use.
Section 6-10. Classification of sewers.
Section 10. A general sewer system shall be established by ordinance, and shall comprise three classes of sewers, namely: Public, District and Private Sewers.
Section 6-11. Sewer classes defined.
Section 11. All sewers draining streets, alleys or public grounds, or parts of district or private sewers crossing avenues, streets or public grounds shall be classed as public sewers. All sewers rendered necessary by natural water courses, or for sanitary precautions, or other local causes, appertaining to any district or portion of said city, and the location of said sewers, not being in any street, alley or public grounds, shall be classed as district sewers; and all sewers constructed by individuals for their sole and individual benefit, for the purpose of draining private premises, or by the direction of the city council as a sanitary measure, shall be classed as private sewers.
Section 6-12. Construction of public sewers.
Section 12. Public sewers shall be constructed along the principal courses of drainage at such times and to such extent, of such dimensions and under such regulations as may be provided by ordinance; and there may be extensions or branches of sewers already constructed or entirely new throughout, as the case may require, and the cost of construction thereof, together with the cleaning, improving and repairing of the same as shall by the city council be deemed necessary, shall be paid from the general fund of said city.
Section 6-13. Construction of district sewers.
Section 13. District sewers shall be constructed within the limits of districts to be prescribed by ordinance connecting with the public sewers or other district sewers, or with any natural course of drainage, as the case may require. But such district may be subdivided, enlarged or changed by ordinance at any time previous to the construction of any sewer therein. The city council shall cause sewers to be constructed in each district whenever a majority of the property holders resident within a district shall petition therefore, or whenever the city council may deem said sewer necessary for sanitary or other purposes. Such sewers shall be made of such dimensions as may be prescribed by ordinance, and may be changed, enlarged or extended, and shall have all the necessary laterals, inlets and other appurtenances which may be required whenever the city council shall direct by ordinance the construction of any district sewer as hereinbefore provided. The city engineer, commissioner of sewers, or other officer in charge of the work, shall upon the execution of a contract with any party or parties for the construction of such sewer, assess the cost of the work, as determined by said contract, as a special tax against the lots of ground situated within the limits of said district, exclusive of improvements, in proportion to the area of the whole district, not excluding highways, which assessment rolls, when completed, shall be delivered to the auditor, who shall extend the tax thereon and place the same in hands of the treasurer for collection, as in the case of other taxes, and the amount so raised shall constitute a special fund, applicable solely to the construction of such district sewers, and such assessment shall, when made, constitute a lien on each lot upon which it shall be made, and in the case of default in payment of such taxes by any lot owner, the same may be collected in like manner as is provided for other delinquent taxes, and whenever said City of Chillicothe shall own any lot or lots within the limits of any district where such sewer shall be constructed, the tax levied against such property shall be paid from the general fund. Private sewers may be connected with public or district sewers under the direction of the city engineer. Sewers shall not run diagonally through private property when it is practicable to construct them parallel to its front lines and a public sewer shall not be constructed through private property when it is practicable to construct it in an adjacent street. Whenever district sewers have been already constructed, the city council shall have power to assess a special tax against the property in such districts in like manner as is provided in case of construction of new district sewers, and the sum realized from such tax shall be applied in payment of any debt contracted by the city for the construction of said sewers, together with the interest thereon, or if said district sewer was constructed at the expense of the general fund, then said amount so raised by special tax shall be returned to the credit of said general fund. All sums of money necessary for the cleaning, repairing and other incidental expenses of district sewers shall be paid out of the general appropriation for that purpose and at the end of each fiscal year, the auditor shall report to the city council the amounts paid on account of each district separately, and the amount so charged to each sewer district, in proportion to assessed value of property, shall be assessed as a special district sewer tax, and the amount thereof charged to and collected from the lot owners in such districts respectively as an item in the general tax bills of the next fiscal year following the expenditures.
ARTICLE VII
PUBLIC HEALTH
Section 7-1. Health officer generally.
Section 1. The city council shall appoint a health officer, whose term of service shall be one year; he shall be a physician and possessed of other necessary qualifications of a member of the board of health as hereinafter provided, and shall have general supervision of the city hospitals and dispensaries, and perform such other duties as the city council shall prescribe.
Section 7-2. Health - Establishment, qualifications.
Section 2. The city council shall establish a board of health, which board shall consist of three members, who shall be physicians and graduates of regular medical schools, and shall have been at the time of their appointment, resident and practicing physicians in the city for at least one year immediately preceding such appointment.
Section 7-3. Same - Appointment, clerk, vacancies.
Section 3. The members of the board of health shall be appointed by the city council, and the health officer shall be a member of said board and president thereof. Immediately after their appointments said board shall proceed to elect a clerk (not of its members), who shall be a fit and competent person to perform the duties of clerk of the board, and who shall likewise be a graduate physician of some medical school. Vacancies occurring in the board by expiration of the time of service, resignation or otherwise, shall be filled by the appointment of the city council.
Section 7-4. Same - General duties, powers.
Section 4. The board of health is charged with a general supervision over the public health of the city, and to see that its rules and regulations and the laws and ordinances of the city, in relation thereto, are enforced and observed.
Section 7-5. Same - Personnel, meeting place.
Section 5. Said board shall, when it deems necessary, appoint resident physicians for the city hospitals, for the quarantine, and select all other officers for said board, as well as for the city hospitals, and fix the compensation for such person, and select a suitable place for the meeting of the board.
Section 7-6. Same - Meetings.
Section 6. The board of health shall meet at least twice a month, between the first day of April and the first day of November of each year, and oftener if necessity requires, and during the remainder of the year when called by the president.
Section 7-7. Same - Sanitary inspectors.
Section 7. The said board of health shall have power to appoint one or more sanitary inspectors at such times as it shall deem proper who shall have authority to enter into and examine in the daytime all buildings, lots and places of every description within the city, and to ascertain and report to the board of the condition thereof, so far as the public health may be affected thereby.
Section 7-8. Abatement of nuisances - Generally.
Section 8. The board of health shall give all such directions and adopt all such measures for cleansing and purifying all such buildings, lots, and other places, and to do or cause to be done everything in relation thereto which in its opinion shall be deemed necessary. Every person who shall disobey any order of the board of health which shall have been personally served upon him to abate or remove any nuisance in the manner and at the time prescribed in the order, shall, on complaint of the board of health, or of any person serving such order, before the city recorder, be liable for arrest and punishment for each offense by a fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding thirty (30) days, or both such fine and imprisonment.
Section 7-9. Same - When by board.
Section 9. It shall be lawful for the board of health, in all cases when it may be deemed necessary for the more speedy execution of its orders, to cause any such nuisance or nuisances to be abated or removed at the expense of the city, and to cause any such nuisance or nuisances which may exist upon the property of non-resident owners or where the owners of such property cannot be found, or are unknown and cannot be ascertained, to cause any such nuisances to be abated and removed in like manner at the expense of the city, and the sum or sums so expended in the abatement or removal of such nuisances in such cases with lawful interest thereon, shall be an encumbrance, as any tax upon real estate, upon the lots or premises from or upon which said nuisance or nuisances shall be abated or removed, and payment thereof may be enforced in like manner as other taxes upon real estate authorized to be levied by the city.
Section 7-10. Same - Manner, costs, personnel.
Section 10. It shall be the duty of the board of health to cause any avenue, street or alley, or other passage whatever to be fenced up or otherwise enclosed if it thinks that the public safety requires it and to adopt suitable measures to prevent all persons from going to any part of the city so enclosed, except by authority; by resolution, to direct any bedding, clothing, putrid or unsound beef, pork, fish, hides or skins of any kind, or any other articles found within the city, and which in its opinion shall be dangerous to the inhabitants thereof, to be destroyed in such manner as it may direct; and it may employ such persons as it may deem proper to remove or destroy such articles; and any person who shall in any manner resist or hinder any person so employed, shall be guilty of a misdemeanor of an ordinance, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days or both, and all such fines, when collected, shall be paid into the city treasury; to procure suitable places for the reception of persons sick of any pestilential, infectious or contagious diseases, and in all cases, when sick persons cannot otherwise be provided for, to procure for them medicine, medical and other proper attendance and provisions, to forbid and prevent all communication with the house and family infected with any contagious, infectious or pestilential disease except by means of physicians, nurses and messengers, to carry the necessary advice, medicines and provisions to the afflicted; to publish from time to time all such regulations as it shall make, in such manner as to secure early and full publicity thereto.
Section 7-11. Epidemic disease, taking of hospital.
Section 11. The board of health during the prevalence of Asiatic cholera, or any epidemic disease, when by it deemed necessary, shall have power to take possession of and occupy for temporary hospitals, any suitable building or buildings in the city; but the City of Chillicothe shall pay for private property, so taken, a just compensation for the same.
Section 7-12. Occupations as nuisances - Generally.
Section 12. It shall be the duty of the board of health on complaint being made to it, or whenever it shall deem any business, trade or profession carried on by any person or persons or corporations within the sanitary jurisdiction of the city, detrimental to the public health, to notify such person or persons or corporations to show cause before the board of health at a time and place to be specified in such notice, why the same should not be discontinued or removed, which notice shall not be a notice of less than three days; except in cases of epidemic and pestilence, the board of health may, by general order, direct a shorter time, not less than twenty-four (24) hours, and may be served by leaving same at the place of business or residence of the parties to be affected thereby. Cause may be shown by affidavit, and if in the opinion of the board of health no good and sufficient cause be shown why the same should not be discontinued, or removed, the board shall order the said parties to discontinue or remove the same within such time as the board may deem reasonable or necessary, and the order of the board shall be final and conclusive therein.
Section 7-13. Same - Failure to abate.
Section 13. Any person failing or refusing to obey such lawful order of said board of health, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment; and such person or persons shall be subject to like punishment for each and every day he, she or they shall continue such business, trade or profession after the time specified in the order of the board of health for the removal of the same.
Section 7-14. Same - Disposition of fines.
Section 14. Such fines, as mentioned in the preceding section, shall be collected as other fines, and when so collected, shall be paid into the city treasury.
Section 7-15. Reports by physicians.
Section 15. It shall be the duty of each and every practicing physician in the City of Chillicothe:
First. Whenever required by the board of health, to report to such board at such time and in such form as it may prescribe, the number of persons attacked with any pestilential, contagious or infectious diseases attended by such physician for the twenty-four hours next preceding and the number of persons attended by such physician who shall have died within the twenty-four hours next preceding such report, of any such pestilential, contagious, or infectious disease.
Second. To report in writing to said board of health every patient who shall have been laboring under any pestilential or infectious diseases within the twenty-four hours after he shall ascertain or suspect the nature of such disease.
Third. To report to the board of health, when by it required, the death of any patient who shall have died of any disease within twenty-four hours from the time of such death, and to state in such report the specific nature and type of such disease.
Section 7-16. Penalty for physician's failure to report.
Section 16. Any practicing physician who shall neglect or refuse to perform the duties required of him, by or in any of the foregoing sections, shall be considered guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00) for each offense, to be collected and paid into the city treasury as other fines.
Section 7-17. Compensation, expenses of board.
Section 17. The members of the board shall each receive such a salary for their services as the city council shall from time to time determine, and the city council shall, in making their annual appropriations for the expenses of the city government, estimate and appropriate such sums as may be necessary for the payment of the salaries and compensation of the members of the board, and of such other medical officers, and all other servants and employees as they are herein authorized to appoint and employ, and all other necessary expenses incurred by the board in the performance of their duties herein prescribed, and which expenses shall be audited and all owed and paid as other expenses of the city government.
Section 7-18. Additional duties of board.
Section 18. The city council shall have power to further define the duties of the board of health, and to pass such ordinances in aid of the power of the board of health as may tend to promote and secure the general health of the inhabitants of the city.
Section 7-19. Assistance to board.
Section 19. It shall be the duty of all magistrates and civil officers, and all citizens, to aid, to the utmost of their power, the board of health in the performance of their duties, as herein prescribed.
ARTICLE VIII
FIRE DEPARTMENT
Section 8-1. General control of buildings, construction.
Section 1. The common council, for the purpose of guarding against the calamities of fire, shall prohibit the erection, placing and repairing of wooden buildings, within the limits prescribed by them, without their permission, and direct and prescribe that all buildings within the limits prescribed shall be made or constructed of fireproof materials, and to prohibit the building or repairing wooden buildings within the fire limits when the same shall have been damaged to the extent of 30 percent of the value thereof, and to prescribe the manner of ascertaining such damages; to declare all dilapidated buildings to be nuisances, and to direct the same to be repaired, removed or renovated, in such manner as they shall prescribe or direct; to declare all wooden buildings, lumber yards, wood and coal yards, manufactories or shops within the fire limits which they may deem dangerous to contiguous buildings, or in causing or promoting fires, to be nuisances, and to require or cause the same to be removed or abated in such manner as they shall prescribe.
Section 8-2. General enumeration of powers to control fire.
Section 2. The city council shall have power:
First. To prevent and prohibit the dangerous construction of chimneys, flues, fireplaces, stovepipes, ovens and any other apparatus used in or about any building or manufactory, and cause the same to be removed or placed in a secure and safe condition when considered dangerous.
Second. To prevent the deposit of ashes in unsafe places, and to appoint one or more officers to enter into buildings and enclosures to examine whether the same are in a dangerous state, and to cause such as may be dangerous to be put in a safe condition.
Third. To regulate and prevent the carrying on of manufactories and shops, and works, dangerous in promoting or causing fires.
Fourth. To regulate, prevent and prohibit the use of fireworks and firearms.
Fifth. To direct and prohibit the management of houses for the storage of gunpowder and other dangerous and combustible materials within the city; to regulate the keeping and conveying of the same, and the use of candles and other lights in stables and other like houses.
Sixth. To regulate and prescribe the manner and order the building of parapets and partition walls and partition fences.
Seventh. To compel the owners or occupants of houses or other buildings to have scuttles on the roofs, and stairs or ladders leading to the same.
Eighth. To authorize the mayor or other officers of said city to keep away from the vicinity of any fire all idle and suspicious persons, and to compel all officers of the city and all other persons to aid in the extinguishment of fire and in the preservation of property exposed thereat, and in preventing goods from being stolen.
Ninth. And generally to establish such regulations for the prevention and extinguishment of fires, as the city council may deem expedient.
Section 8-3. Establish fire department.
Section 3. The city council may procure steam fire engines and other apparatus used for the extinguishment of fires, and have the charge and control of the same, and provide, fit and secure houses and other places for keeping and preserving the same, and shall have power:
First. To organize hook, hose, ax and ladder companies.
Second. To appoint and pay during their pleasure a competent number of able and reputable inhabitants of the city as firemen, to take the care and management of the engines and other apparatus and implements used and provided for the extinguishment of fires.
Third. To prescribe the duties of firemen, to make rules and regulations for their government, and to impose reasonable penalties upon them for violation of the same, and for incapacity, neglect of duty or misconduct, to remove them.
Fourth. The city council shall have power to appoint a chief and assistant engineer of the fire department, and they, with the other firemen, shall take the care and management of the engines and other apparatus and implements provided and used for extinguishment of fires, and their powers and duties shall be prescribed by the city council.
Section 8-4. Privileges of firemen.
Section 4. The firemen during their services as such shall be exempt from paying any poll tax, or serving on juries. The name of each fireman shall be registered with the city clerk, and the evidence to entitle him to exemption provided in this section shall be the certificate of the clerk under the corporate seal for the year for which the exemption is claimed.
ARTICLE IX
MISCELLANEOUS PROVISIONS
Section 9-1. Content of ordinances.
Section 1. All ordinances passed by the city council of said City of Chillicothe shall provide for a single object only, which shall be clearly set out in the title thereof.
Section 9-2. Style of ordinances.
Section 2. The style of all ordinances shall be: "Be it Ordained by the Mayor and City Council of the City of Chillicothe," but may be entitled when ordinances are published in book or pamphlet form, as herein prescribed.
Section 9-3. Publication of ordinances.
Section 3. Every ordinance imposing any fine, penalty or imprisonment, or forfeiture, for violation of its provisions, shall after the passage thereof be published in the official newspaper of said city, and proof of such publication, by the affidavit of the printer or publisher of such newspaper, taken before any officer authorized to administer oaths, and filed with the city clerk, or any other competent proof of such publication shall be conclusive evidence of the legal publication, and promulgation of such ordinance in all courts and places. Ordinances passed by the city council and requiring publication shall be in force from and after due publication thereof, unless it be otherwise provided. Ordinances not requiring publication shall take effect and be in force from and after their passage, unless it shall be therein otherwise expressly provided.
Section 9-4. Publication in pamphlet form.
Section 4. The ordinances of said city, as revised under this charter, which are of a general character, shall be published within six months after the passage of this act, and it shall be the duty of the city council to cause to be printed in pamphlet form for distribution at the end of each municipal year all ordinances passed during the said year and then in force.
Section 9-5. Pleading of ordinances.
Section 5. In pleading any ordinance of said city, or a right derived therefrom, it shall be sufficient to refer to such ordinance by its title and the day of its passage.
Section 9-6. Continuation of ordinances.
Section 6. All ordinances, regulations and resolutions now in force, and not inconsistent with the provisions of this act, shall remain and be in force until altered, modified or repealed by the city council.
Section 9-7. Actions to recover penalties.
Section 7. All actions brought to recover any penalty or forfeiture incurred under this Act, or any ordinance, by-law or police regulations made in pursuance thereof, shall be brought in the corporate name. It shall be lawful to declare generally in debt for such penalty, fine or forfeiture, stating the clause of this act or the by-laws or ordinances under which this penalty or forfeiture is claimed, and to give the special matter in evidence under it.
Section 9-8. Commencement of prosecutions.
Section 8. In all prosecutions for any violations of any ordinance, by law or other regulation of such city, the first process shall be by summons, unless oath or affirmation be made for a warrant as herein provided.
Section 9-9. Issuance of warrants.
Section 9. A warrant shall be issued in all cases in favor of the City of Chillicothe, for a violation of any ordinance, by-law or other regulations, when any person shall make an oath or affirmation that such a violation has been committed or upon information by the city attorney, marshal or constable.
Section 9-10. Powers of arrest, detention.
Section 10. The mayor, councilmen, marshal or his deputies and all public officers shall be conservators of the peace, and all officers of the city created conservators of the peace by this act, or authorized by any ordinance, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance of the city, commit for examination, and if necessary, detain such persons over night or the Sabbath, in the city prison or any other safe place, or until they can be brought before the city recorder, and shall have and exercise such other powers as conservators of the peace as the city council may prescribe.
Section 9-11. Validity of prior acts.
Section 11. This act shall not invalidate any legal act done by the city council or by its officers, nor divest their successors under this act of any right or property or otherwise, or liability which may have accrued to or been created by said corporation prior to the passage of this act, and all rights, actions, fines, penalties and forfeitures, in suit or otherwise, which have accrued from the several acts heretofore in force, shall be vested in and prosecuted or defended by said corporation.
Section 9-12. Competency of inhabitants.
Section 12. No person shall be an incompetent judge, justice, witness, or juror, by reason of his being an inhabitant or freeholder in the City of Chillicothe in any action or proceeding in which said City shall be a party in interest.
Section 9-13. Legal status of charter.
Section 13. This act is hereby declared to be a public act, and may be read in evidence, in all courts of law and equity in this State, without further proof, when specially pleaded.
Section 9-14. Legislature may amend, repeal.
Section 14. The General Assembly may at any time alter, amend or repeal this charter.
Section 9-15. Promulgation of charter.
Section 15. The mayor and city council of said City of Chillicothe shall, immediately after the passage of this act, promulgate the same within the limits of said city, in such manner as in their discretion they shall think proper.
Section 9-16. General repealer.
Section 16. All other acts or parts of acts, heretofore passed, inconsistent with the act incorporating said City of Chillicothe, are hereby repealed.
Section 9-17. Effective date.
Section 17. This act shall take effect and be in force from and after its passage.
Approved 26th February, 1869. (Acts 1869, page 96.)