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Revised Ordinances - Adopted March, 1876 '-;,6. R~VISED .,OR, :~''';F~ I, ,- I /',. . I .c1:NCES i :, I I ::::;';'i.~, C' CITJY OF '\ 01r~ "~\....,. \ ' \:~,~-. \ cO:MPlh~f)<_ \ \ . R. B. BUO.~ItR, Speeia,l City .J1#o"1tIBy,1Jll~.,..n of the .M a,yor and .Co1W;~,nC.ou7bCil. ... . " .ADOPTED 3'4:A;ElO::&!l :LS76. '-, ',',' - " ,.>.." " '~ -....:--~ " '1 ) Gilroy A4vacMt 1114 1oIIdIf-' 187G. . ... ...t ~',.':"";"~-...'~~-..;.;~- " . '\ 'i" ~ORJ"~ )1,1 REVISED ORDINANCES - -OF THE-- CITY OF Gl[LROY~ ._--~- . .. .. COMPILED BY R. B. BUCKNER, Special City Attorney, by direction of the Mayor and Common Council. " . ,. .ADOPTED J\I.C.AEC:I:-3:, :LS76. Gilroy Aavoc~te ~nd Ler.ie~ Print. 1876. J. "~,J~f-1'~.,,-~r:;~'~ ~~P~ORrp -0,)'\ ' S ~.~ "l' Revised Ordinances. ... . . ORDIN ANCE NO. 1. An Ordinance prescribing the time when City Ordinances shall takc effect. 1'he Mayor and Common Council of the City of Gilroy do ordain: SEC'l'ION 1. Each ordinance passed by the Mayor and Com- mon Council of the City of Gilroy, except when therein other- wise expressly provided, shall take effect and be in force from and immediately after its approval by the Mayor. Passed this 24th day of March, A. D. 1876, by the following vote: Ayes-Councilmen A. G, Cole, .T. H. Gardner, Adam Riehl, W. N. Steubcn. Nays-None. Absent-Thomas Hell, H. C. Morey. Approved this 24th day of March, A. D. 1876. WM. N. FURLONG, Mayor. Attest: F. G. DYER, Cit.y Clerk. ORDINANCE NO.2. An Ordinance to establish and collect a License Tax on Occupations and Business in the City of Gilroy. The Mayor and Common Council of the City of Gilroy do ordain: SECTION 1. No person, firm or association shall' pursue any occupation or business hereinafter named, in the Cit~. of Gilroy, until he, she or they have procured a license therefor as herein- after provided; amI any person g'uilty of a violation of any pro- vision of this orlIinance, shall, upon convictioll thel'eof in a court . v-""''''----'~ .... 4 REVIS,f 0" . INAN .,. , COlllIJdent ',,' . .,....:5, o . . J 1./ J:;l!lCti ' nl~ hUl1dretl dollars ' ,Od, ~e unished I . . exceedin r tl' . ' 01 by lln ','. JY .1 tIne n . g . IIrtv ch,.. ' Pl1:;01l1l1ent.. ot exceedi SEI' 'J , . '~':;,orbvb' . l111he("" ,ng , ,'. _, J'lJp Cit, '. ~ otll SIJeh Ii . ,.Icy Prison WIth blan]. f' .,) Clerk shall l' . J Il" and hnI)rl'" not , ,\,' or the' JIO('pr' 'oOllfJJent ISSUr;d, the n't lJlsertion of th, " e [l1'Jllteel biald-)' ' t'.. a lire of t1 ' (name f \ lCen:,es lUll" for which it ' . Jr' oeCUpation 0 tile party to WI ' for. '1'he l' Is gl'allted ii" . or business l' lorn " . leellses :,;ilaill :.~ "ate and th. . lcellsed, tbe ~lglle.d uytile "I'.. Ie slgllr;d uv tl (' e dll10unt Imid t1 I . .a.l 01' '1') .. . Ie )Jt,. "J 1 e1'e- 10UlHi iJj book f' . ley shall I ~ verk and, 01'111 w'tl. Je kept b eoullte1'_ ".uter ul'ietly tl1 f" J. I llJargillaI,( b' Y tlle Cil" ('I . e acts . ~ n s u. " .' erl' ISSUance. Contained" pOl! wIliel h ' S ' ' . 111 the Iicen., , ,1 e shall Ee. 8. 'l'llC Cit. ' Sl <It th e ti 1lJ e of t11~JJj, to the City Ja ~1e~'k, lllUst number" . llulred, taking 1" x COllectOl' in Sil I .Id lJceusei>, and d I' .,. Us rei' ' tel n 1I1 b . elVer . ;~ VI ng. ill his entries '~tl~ 1 therefor, and cha:<r~r~ ~ts may be 1'e- , e IllUi>t k"ep in his .' llllllbel', llature"'V Hrn thereWitl1 I.n whil'h he UlIlS!'~ olIice a book to be ut lanel amOunt thel'eIJf.' llC "e"p 'In . . 0 Y ed "L' . elJ~es delivered to I" decOullt with th ;, Icense Book" UII~OIU. Hv '1I11.t 11 Ill, those 801d uy 1 ' e lax Collector of '11 1" " . ;; cen't. 111ll 'U d . a e:[<:rls al'eOllllC to tile 6d,)' ~ COl'J'ect statenl~l:t I t~h08e returned , M'. 4. On the iir' , reaslJrel' at the. 0, tlie Tax Col- O.etobel' ill ", '1' st M.oUday if J' end oi eaclJ q . (" ",Il'. I YeaI' tl . T 1 HllUar' uane1' "erk all unsold li ' Ie ax COlleetol"I J, April, July, 'd' ;;llaI' b:. . eell:,;e~ i;;su d' ~ lall I'dl'" ; an 1 aiauce and .1 ,. e prIOr the' I1n [0 the eit " IJree"dilJg witl1 tl (:;(he the jieense 'lC" leto, Hud t.he Cit" C"l k.l , le >'ax (' \' . vOunt f . ~ e1" NUll" to the .Mayor 'IJ '10<1eeto1', submit '1/ OJ. the qllarter yic"ll' ~~ediljg, and cr~dil: ~I/; 'l:'OllllllOIJ COllIJCI~ ~tt'tt~J1:d repoj.t of tl~e . - e 'shall also cretlit I ' ax COllector with tI JelJ' next regular l'r"asllrer Oll aceOlll' ,lJIU with the all Ie amOunt returlJe U!'er'8 reeeij)t tJ., ,It oj 1lCell~e~ u1Jon ", 10llUt paid to tile (,. d. "t, lelelor. '1'1 ", ple.~en["t', ,It,)' ell. e~, one of Which sl '11 ble l,leasurer'~ rec,.' a 1011 ot tile 'I'reas_ S la e ill 'd" djJt ;;hall b' . EC.5, All li.. e With the ("" e HI dupli_ shaH be is' . j "cense~, except as h. ..IC,)' Clerk. SUec 101' t1 ere1 , on the day of th. ' , ,Ie quarter ,)"ear of ~J otherwi~e provid" ,hereIn provide~ ~ol"~Ual,jCe of tIle 1icen~~]j,eedlllonths, beginni~~ shall be . ", . e lS~lled r. ',an all at) .' " b '. IS~lIed prior to tI 01 a It'ss t"' leI hcenses USlUess licellsed Ie ('Ommencem el,l11 than a 'quart SEC " . ent ot the '. , er or . 6. "tpplieations 1'01' t1 . OccupatIOn or J any d., . le Ii> 'U' ay e",'c'pt::; " allCe of 1; . I lIllelays, aud u ,eellSes may be m'l(! ]JOn ' . e 11<l.y III en t t' o the I r . i L -'~-~---: - ----------- "'0'" ,It;jilVIS.!'ll "',ORTlANCES. 5 I t' "'1 amount of the license tax to-~ne Tax Collector he shall de- I i vel' to the applicant therefor a license to do the bllsiness to be engaged in, endorsing the same before delivery. He shall keep an account of all licenses received from the City Clerk, the num- ber sold by him and their nature, pl;ty all moneys collected there- for during the preceding three mont.hs to the City rrreasurer, and settle his account for said term with the City (jlerk on the first Monday of Jannary, AprIl, July and October in ~ach year. SEC. 7. Every person, firm or association engaged in or con- ductillg allY bu,?iness or occupation within the corporate limits of the City of Gilroy, slmll pay for a license therefor as follows: AUC'l'IONEl'~RS. First--For selling real or personal property at publie outc.ry, the sum of seven dollars per quarter, or for a single day two dollars. BA NKEHS. Second--For banking, loaning money, buying or sellingex- change oJ'receiving bullion or money on deposit, the sum of seven dollars pel' quc,rter. BU,LIAHD TABLES. Third-For billiard tables or bowling alleys kept for public use or hire, for eaeh table the ,,:urn of three dollars per quarter; for each pair of alleys the sum of five dollars per quarter, AGEN'l'S AND B1WKl'JRS, Fourt.h--For buying and selling real or personal property as the ageut, faetor or broker of another, the sum of five dollars per quarter. LAU;\DRn~s. Fifth-For each laulldry, wash house or other place of business .dlerc washing and ironing are done for the public, the sum of live dollar:,; per quarter. 'I'HEA'l'EHS AND EXHIB1TIONS. Sixth-For eaeh theatrical exhibition, or exhibition of negro minstrels, or other performance for amusement, or for any opera, coneert or other musical entertainment, except entertain- ments gotten Uj) by the eitizens of the City of Gilroy, the sum of live dollars; for eacll circus or menagerie twenty-five dollars' pel' day, and for any other exhibition five doPars per day. CAHRIEHS AND EXPHESS;\IEN. · ~eventh-Fol' tb~ business of calTying, transmitting or for- -I :' :~!> ~, ~'/, ., ': ~ ~, ~~ J, 4.'~ ....... 1 6 _,~~~ warding fr()ight, coin, bUllioll, 01' packages for hire, from the City of Gilroy to allY other place, tlw perRon, firm or association en- gaged in or conducting said business having a fixed place of bU'liness or agency within "aid city, the sum of live dollars pel' quarter. MERCHAN'l'S. Eighth-For the business of selJing at wholesale or I'etail, ex- cept as herein ~therwise provided, at any fixed place,of business within the 'cit.y of Gilroy, any gOOds, wares, wines, liquors, groceries, jewelry, books, stationer,}', drugs, medicines, furniture, ironware, hardware, and all other articles of merchandise, quarterl,}', the sums hereinaft(:r mentioned, according to his, her or tJ.eir average monthly sales, as in the following schedule pro- vided. First clas~: monthly ~ales over $5,000 the sum of $20 pel' quarter, Second clas,;: monthly sales under $.''),000 and OVer $4,000 the SUIll of $15 per quarter. ' l'hird class: monthly sales under $4,000 and over $3,000 the !Sum of $10 pel' quarter. Fourth class: monthly sales under $3,000 and' over $2,000 the sum of $i..50 per quarter, Fifth class: lIlonthly sales undet. $2,000 and " ovel' $1,000 the sum of $1> per quarter. I::lixth class: monthly sales under $1,000 the sum of $3 per quarter. PEDDLERS. Ninth-For the business of hawking, peddling, or itiuerallt vending of dry goods, groceries, jewelr.y, or any other good", wares, merchandise or commodotie~, except grain, hay, or othel' farm product"., vegetable", frUit, fish or milk, the sum of $15 per quarter, or by the day $3 per day. For peddling or the itinerant vending of grain, hay, farm products, vegetables and fruit not ot:the produce of the person vending the same, $5 per quarter. POI' the peddling 01' itinerant vending of miJJ{ or fish, ill the vending of which a wagon is used, $3 per quarter for each wagon used, provided, that aJjY person who pays It quarterly license tax for selling fish at a Jixed place of bUsiness within the eity, may, if then holding such license, sell Itnd deliver fish in any part of the city. HAY AND FEI~D YARDS. 'renth-For the busitwss of l{eeping a hay yard, barn, corral, shed, or other building OJ' inclOsure for the sale of any animals, htty, grain or wagons, or feedIng the animals of other persons, the 'JUm of $5 pel' quurter. 7 REV~ ~"OORTlIN:ANCES. .. \ NG HOUSES, ETC, HOTELS, BOARDI . a public hotel, board- h busin€ss of keepmg, h' h r Eleventh-For t e t I sum according to IS" e ing house or lodging house, ':c~~Ja;s e~sy follows: First'class: the or their average monthly I Pi over the sum of $10 per quar- nthly receipts being $1,000 an~ 'd r $1 000 and over $500 mo t1 Iy receIpts un e , . t ter. Second class: mon I Th' d class: monthly recelp s 50 I' quarter. Il' Furth the sum of $7. pe . 950 the sum of $5 per quarter. 0 being under $500 an~ ovel ~~' $9'0 or under, the sum of $3 per class: monthly receipts beIng ~u quarter. LIVERY STABLES. . kee ing a livery stable, whe~e Twelfth-For the busllless o~ r I when his, her or their h s or vehicles are kept for lure or sa, e, of $7.50 per quarter; orse ,', re $500 or over, the sum monthly receipts a f $5 per quarter. I less than $500 the sum 0 " w len LUMBER YARDS, . O' a lu mber yard for tl1e th business of keepll1" rrhirteenth---For e f $15 per quarter. I f lumber the sum 0 deposit and sa eo, H' AND FRUIT ;\IARKETS. MEAT, FIS < ts in any market siness of selling mea Fourteenth---For the bu , f $.5 per quarter; for the . " " vate the <sum 0 h I'ket I. Imbltc 01 pll ' , 1 ' anv suc IDa ' or pace, 'f 'ts or vegetab es 1Il J . f ' 111'11" fish, rUl bUSiness 0 <se "', . f ';:3 per qual tel', or place, the sum 0 'IV AWNBROKERS. ~ - '. brokt'J' or keeping a pawn- . th---For the busllless of pawn Fifteen 'of $10 per quarter. b k r's shop the <sum ].10 e ' , RES'l'AURANTS. t hop , . a restauran , C bu"iness of keeplllg 1 on Sixteenth---For the " ' , h use stand, booth, sa 0, , . or any othel 0, h fresh- house, eati ng no use . 1 f offee oysters, or ot er re . building or place for the fS;3e ;e/quart~r; provided, that ~10t1u~g ments or food, the SUIll.O , II entitle any person keeplllg a y in this ordinance co~ta~ne~ sh~ bove enumerated, or any hote~~ Qf tbe places in thIS sectIOn a _ II any spirituous or ma boardinO' house or lodging house, to seh place' without having' " , t be drunk at suc , liquors or Wine 0 '. obtained a license therefol. Ll',RS R DBA , . . lUlTAIL LIQUO Il"' wines or spirituous ~ I business of se IIlg h or 8eventeentb---F or t 1e ' , , p,ublic saloon, store, s op b'u' bar loo,n, or malt liquol's in any , , ..t ....... 8 REVISED o~L, place",p~blic or private in the cit ~f " tIe, ,0, III any other quantit' y GIhoy, by the glass or bot- ~ell/l]g ,the same, or on the }e'm:~n ",:e dru,nk at the place of :such wmes or ]iquor~ in a' I '~cs, or for the selling- of a q uarter. ~ .ny quantIty less than one quart, $20 ;~: PUBLIC VEI-IlCLF' , , Eighteenth---For e'lch ' ,"," A2'D JOB WAGONS. . ' - 01l11110US staIr I car~Iage or wheeled vehicle kept ~or ",e ~oac 1, had:, cab or other tat.101l or conveyance of I' , publIC lIse, for the transpol' h' ' }a:ssen"ers 'th', - Ire, and for each dray C'll't ,,"" WI !tl the city 1i1llit~ ""or 1" ' ',' ,wa"on 0 t1, " ' l' IC use III !'()ceivi!1<' hauli ". '"' 1'0, leI vehICle kept for pub- co j "'" LIS or fl"lnsporti mll10(otie~ or other thinry f'" " ng any goodR w"res c't I' . '" lum one plaee t' ' " , I Y l!11!ts, by the 'od)" , ' ,0 another within t' ", (I )00 tor hire fo' I ne so used the i'um of $''>,' " I eae 1 one-hor~e vi' I ,) pel quarter' fo 1 e IIC e u,;ed the sum Gf SF _ . "I' eac 1 two-horse vel ' , 'J pel quarter' lJl'Ovid d tI ' llCle so oth~r vehicle regularly kept b~' tl .e " wt no, stage cuach or veYlflg pa~sengers {rom tI " ,: , le pI.oprletors of hote]~ ill COll- t " ' leL lespectlve hot I t ral ns, or from ,;aid t" ',' ' e,' u the rai ]1'0' 'j '., J ,ll ns to saId hotels . a( CIty, nO! any sta!!8 coach Ill' tl . or otlIe! places in the , , , 0 leI' vehICle I'd' 01 passenger:s to or from the " Ise In the conveyance license tax. CIty, shall be liable to pay' said T' , ' SHOOTING GALI,ERIES N meleentlI---For the b" ' ,,' ' " 1 1I:s111e:ss of Keel}ing a' " I mg ga lery, the sum ()t" ':';' ,plsto or ritle sh(l()t "oJ pel' ljuarter.' '1, t' I CIGAl{ '-rt'c\ND" wen Jet In-For t!l 1"" '-' - ". I-- e Jl.l:-31neSS of k:. . .. . tobaceo store or st'l!](! tl ' eepmg a rc'taIi ei~ar alld , c",lesullIo!'8\i)I" ~ i::3EC. 8. 'l'he Ci! ' T'" ,. "lei quarter. ' " . ,) ..x Collector "hall l- . Llcellse Book," jn whieh 'Ie ,I I]' ,eep In his otTke a s fi' ' , s la enter the II' ' , on, 1m or assoda! iOt, to wi I' ,,[mes of allY I)er- f. . . 10m a Icense is ' " o "the bUSIl18S'; or oC'C'll"atioll I' j ,ISSI,Jed, the eharacter l' " " ". ' leensee the' fir f /Cease IS granted, the (j'I"', ()" tj' I" '. ne ,or wlllCl1 the . ' , " "cG I Ie Icens d cel\ed ther{'for J[J each e'[,;e nnd f . h e an the amoLlnt re- Cou '1 . ",<<, Ul'ms the!'vIay J , nCl. ,wIth an abstract thereof for the ' ,or .an( Common each of Its, regular medjno" monLl Just endpd at SEC 9. The City Tax C~;;~'lector shall h' ' be present tl!ereat lletFeen II ] ' cp hIS ot1ke open and o'c,lock P. M. of ever" ell:" (QI'llCd' l.our, s of 11 o'e1ock A. JW. and 1 II ,r J >.;0.1 a,} s and I r I a applications for licenses ~h' 11 'b' 10 Ie ays execpted), and d I' tI ,d e male to 1 ' U '!l,lg 18 hours above nUIll'll . '1 . 1IIT! at his otliee P I' e ,an. no dem'l l' f' aya /Cense tax need be ma<J' .,', ",Ill or or notice to , e 01 gl\ ell by hun therefor. REVI ,',OTNANCES. 9 SEC. 10. The City Tax Collector shall receive fifty cents for the collection of each 1 icen~e tax collected by him under the pro- visions of this ordinance, in full of compensation for collecting said taxes, to be allowed by the Common Council and paid by the City Treasurer at the end of each month. SEC. 11. In all cases where it becomes necessary, under the provisions of this ordinance, to estimate the amount of the monthly sales or receipts of the persoll, firm or association ap- plying for a license, ill order to determine the sum to be paid therefur, the party applying therefor must make tbe estimate, and tile with the 'fax Collector a verified statement of such sales or receipts. After the first quarter such estimate may be made upon the basis of the sales or receipts of the quarter preceding. Upon fttilure to make such estimate and file such statement, the Tax Collector may make an estimate of the same, and the license shall be issued to conform to such e,;timate. SEC. 12. In the event that any person, firm or association herein enumerated, who are liable to pay license tax, fail 01' neglpet to obtain SUCll license as herein provided for, and engage in any occupittion or busine~s herein named, it shall be the duty of the City Tax Collector to institute a civil suit in the name of the City of Gilroy for the recovery of the amount he, she or they 'are liable to p,tY therefor in any court of competent juris- dietion, proceeding therein by attaehment when deemed neces- sary; but no ~uch ,;uit shall bl, deemed a waiver of the right to prosecute and puni~h such person for a violation of any provision of this ordinanee, SEC. 13, It shall b:l the duty of the City :Ylarshal and every po- liceman of the city to prosecute all persons who violate any pro- vision of this ordinance, if knuwn to such officers, and upon the conviction of suell person the omcer so prosecuting shall receive one fourth of the fine collected, after dedueting the costs of pros- ecution. SEC. 14, A II lieelJse taxes shall be paid in gold or sil vel' coin of the United States. SEC. 15. Au ordinance entitleLl "An Ol'dinanee to Fix and Collellt a License 'fax on certain Professions, Trades and'Business within the Corporate Limits of the City of Gilroy," passed Feb- ruary 7, A. D. 1i:\72, and all urrlinances and purts of ordinances in 10 . Rlim.).""",,,,,,,," conflICt 6 . . l' IIIconsistent . hereby repealed. wIth the provisions of th' . SEC. 16. This ' . IS ordlIlance are and fro ' ordInance shall P ill and after the 25th d take effect and be . assed this 24th d ay of Marclt AD' III force on vote: ay of March AD' . ,1876. A ' . ,1876 by th , yes-nCouncil ' e following N men Cole G i ~ aysn-None. ' arc ner, Riehl an ' Absent C . ci Steuben --- ouncilmen Th' . Appl'oved this 24tl d ' omas Rea and H C M 1 ay of March AD' . 1 ,orey. , . ,1876 Attest. F G WM N F . . . ,DYER, City Clerk. ' .!:. URLONG, Mayor. An Ord' ORDINANCE NO mance to P' . 3. rovlde for A , Revenue for ssessing and rhe Mayor and C the City of G'1 Collecting , OlUll10n C . . 1 roy. SEC'l'ION 1 All ounClI of the C't f . ,",- propert . h' 1 Y of Gill' d o the United '-'t y WIt In this n't oy 0 onlaiIl' '" ates of tl ,A Y ex . 8anta Clara ad' ' Ie St~te of Call'f' '. cept the property , n of the C't ornIa of tl ' SEC'J \Vh A Y of Gilroy . ' Ie County f' . ~. ene ' IS sub' t 0 "personal prepert ,v,~r ,tlhe ,~e,rms "real estatA ~e~ ' to taxation. nance, they are j, ~nd full cash value" : Improvements" used lU th ' are used . , ' used in Section 3617 f . e sense in which tl III thIS ordi- SEC, 3. ,\,11 0 tne Political Code of' th1'; same terms are , "property m ,t b IS Stat SiCt:. 4. 'rhe Cit . us e assessed at its e. May and the fi' .y Assessor must betw full cash value 1St Mo.v.da' f ' een the fiI.t 1\, . names of all tax'lbl ' ,) 0, August of each s l~Ionday of persons having t:xae IIIhabltants of the Cit :ear, ascertain the property to the p' ble property therein 11 d,)' and of all other ersous who ' n Inust. or control of tl own or clainl 1 assess such Ie same H ' or lave th Illent in writing sl .. e must exact from e possession E" IOWln" sepa' t I each pel' <lI'stu-AIl' "'. la e y: son a state- . pIoperty belo' ,,' . SlOn or under the control "Ioillg to, claimed b ' ' Second-nAil PI'; ..t or management of j h or lU the posses- session or under tllPee1 y belonging to, claimesducl person. control '" . such persoll i' or mUllag'el J' or 1I1 the po~- s a memb'o' nent of a Ii . person is President S ~l, or of any corporat' ny I'm of which , ecretary Cacol . IOn of .dlich ' , ~ lieI' or M' such .. anaglllg Agent. 11 REVISED ORDINAN-CES. Third---An exact description of all lands, improvements, and all personal property, including deposits of money and gold dust, the names of persons with whom such deposits are made, and the places where they may be found. SEC. 5. The City Clerk shall procure at the expense of the City, blank forms of the statement provided for in the preceding section, with an affidavit thereto annexed, which must be sub- stantially as folloWS: I, _----, do swear that the above list contains a full and correct statement of all property subject to taxation, which I, or !Jny firm of which I am a member, or any corpora- tion, association or company of which I am President, Secretary, Cashier or Managing Agent, own, claim, possess or control, and which is not already assessed. The Assessor may subpena ttnd examine witnesses in relation to any such statement, and upon tpe neglect or refusal of any witness to attenrl for said purpose, the police Justice mayen- force his attendance, by subpena, and upon faHm'e or refusal to appear and testify, may impose a, fine not exceed in!!: twenty dol- lars. S:i'Jc. 6. If any person, after the demand n1ude by the Asses- sor, neglects or refuses to give the statement herein provided for the Assessor must note such refusal on the A'isessment Book, op- posite his name, and as'ieSS the property of such person at a value estimated by the Assessor; and the value so fixed shall not be re- duced upon equalization, SEC. 7. 'rhe Assessor shall assesS all property to the owner or claimant thereof, if such persons are known to the Assessor; if unknown, such property must be assessed to "lTnknown owners." Property held by any person as agent, trustee, bailee, guar- dian, executor or a\hninistratOl', must be assessed to him in such representative capaeity, separate from his individual property. The stock, Cttpital and property of any firm or corporation must be assessed to such firm or corporc,tion. SEC. 8, Any property willfully concealed, removed, trans- ferr.ed or misrepresented in value by the rnvqer or his agent, must, upon diseovery, be assessed by addi~\g jifty per cent. to its value, and such assessment shall not be rellueed by equalization. SEC. 9. 'l'he Assessor mllst prepare an Assess1l1ent Boolt, with appropriate headings, with the names of persons alphabeticall,)' I I .1 ......::.. / 12 REVISED arranged . ORDINANCES. , III which ' and in which n ,must be listed all . respective head~ust be specified in sell plOperty within the C't F. c IIgs: arate colu ,I y, Irst-The Ila mils under tll . c mes of tl ell' when known and "f Ie persons to wh Secolld~A;1 lan~" 1I~~I{[~o\Vn the word~l~ p;'operty is assessed suffieient to . i .. wlthlll the cit 'I' , 'Lnknown 0\ ' H entIty the Y Imlts w'tl vners." and blocks on the III same, describing ti' I I a description .to the Assessor and ~ps of the surveys wher ltel same hy the lots Third ' Improvem t ' ,I Ie same ' -All per:;on' I' en s thereon aI e known same ' ' 'l a plOperty \ ,'tl . , ctllt the numb . ] . . , ,\ ] ,1 a "en . I en . el, {Ind' h cia deRcr' t' , umerateln deta'I ,01 amount th ,IP IOn ofth m,n' ' ,och pmp,,,,..J . ',,~f; bot a t. '1 ' . y, R wlI not in\" . al ure to Fourth-The ea ,I ,1Ildate the aRsess- Fifth'S I value of the I . ---The caRh val ' ands asses Red city c ue of Imp' ' '. . lovements on I Sixth---The ' -J " auds within tI , "" val",. of" " o others than th Improvement S e owners of th .s on rea] e t eventh---l'tle _ _]' eland. s ate asses~"d Cd,S I val f "'" money. c ue 0 all p .. .' elsonal propert . Elghth---'l'he a ), exclusive of N' . mountof 1. Illth---The t t..] money. S .0 it value f 'Ee. 10 '1'1 0 all the I " . Ie forlll of th Iroperty assc ., tlalIy the S'llll" (> As~essl1lent B s"ed. C t d e a:; the forlll I' ook ml'st I "oun y Assessors b' Eo; " 0 Assessment B '.' Ie substan- State, with Hueh c ha;l ~ ectlOn 3H51 of the por:)()k provided for to the provisions of tlges In itsheadingH aR ,::lCal Code or this the word "cit"" t . Ie last precedillg be'''t' ,WI make it conform 'd oJ leln" Sl b' ' k ~ ,IOn of th' sal form h . I sUtuted I' ' IS ordin . ' . or the word ". ance, SEC. 11. The \ County" i L, ssessor ' n on 01' before the first Mon~:ust :~omp]ete the Ass' -, ltake and subscribe an 'Ini] a~ e:t AI:gUSt in each €s"ment Bool, ows: c (avlt H] s,lid I yeal'.' He m I ' "lOok Sl b .t' - ust , ____ ' ' I S clntlall . " , __ the C' ) ,IS fol- swear that b ' " Ity Asses ' etweell the f ' " SOl of the C't day of Au"ust 'D :11'"t Mouday of '1"' ,I Y of Gilroy do . h" f\, ,_ I l' ,ty and tI' ' ~x~m,",u"n to aWO<:"I;~~; hm W""e "'He. t:' fi~'t Mon- Id'OY, aml that I I" a the taxable )11'0' ~ell, lIHllliry alJ(l Book of said C't .1,I\e nHscssed the' 1,eltYJIl the City f for tl I Y HI acc ], sallle on tl . 0 b Ie assessnlpnt'. d' ,or( ance with tl ' Ie As~essmellt est of m' clll collee't' ]e ordi' ' . y III fonnatio . ,lOll of I'P\'eUI " UH,lICe )1rovidi n, Judgmellt '( d' ,Ie, lor saId City' t ng < 1J clbJllty. ' 0 the 13 REVISED ORDINANCES. ! I I SEO. 12. The Assessor and his sureties are liable on his offi- cial bond for the taxes on all property within the City left unassessed through his willful failure or neglect. SEC. 13. On or before the first Monday of September of each year the Assessor shall deliver thc Assessment Book to the Com- mon Council, who shail immediately give notice by publication in some neWspaper published in the city, that they will meet at a time. and place in said notice mentioned, to equalize theassesR- ment of taxes; said notice to be published not less than one week prior to the said meeting. Until such meeting the Assessment Book shllll remain in the office of the City Clerk for inspection. SEC. 14. On the day of the meeting mentioned in the pre- ceding Section, the Common council shall meet at the place named in the notice, and proceed to, equa,lize the taxeb, and shall continue their session for that pnrpose from day to day until the equalization is eompleted, not exceeding twO weel,s from its first meeting. 81.;e. 10. In making the equalization the COl~ll1on conneil shall be governed by the same rules as are provided, and shall have the same powers as are conferred upon BOl1l'(ls of supervisors of counties by Sections 3673, 3674, 3675, 3H7H and 3677 of the Po- litical code of this i::\tate in making equalization of eounty taxes; and the City Clerk shall uote do ".n all changes, corrections and alterations by them made, and after the a(ljOUrllmentof the meet- ing enter the same upon the Assessment Book. SEC. If.. During the sessions of the Common Council for the purpose of equali:dng the as::\essment, it Inay direct t.he Assessor '0 M""' aoY ""ble 1"'01"'" thot ''"' "",ped """,'''''''', ""I may equalize the same as other property. SEC. 17. As ,,0011 as the equalization is complet.ed, the City Cieri, shall add up the valuations 'Ind euter on the A::\sessment Book the wlto1e valuation of each kind of property, and the wh11e "Io,t; 0" of ,d 1 ,,"'>1""" "",""d to e"h 1',,'00, ,od m M' complete and enter iu II separute eoiull1n in said book the respec- tive ,.,nulS in dollars l\lId cents (rejecting the fructions of a cent), to be paid 011 the property of ellc\l respective taxpayer, and foot up the ,,,I,m'';' ,I..",;,," the tolHI ",oo"ot of ,-,,, ""d the 'o'al v'llne of the property taxed. sgc. 11:\. Withi n one wed, after the colUpletion of the equali- .i " i JdlVtSEbOR:tiIN' zation the C ANOES. , ommon Co . purposes upon the ta' unCll shall fix tlw rate . one half of one . xable property in tl ?f taxatIOn forcity S pel cent u le C]tJ' n t t EC. 19. Ever" pon the assessed v . 0 0 exceed jUdgment ag' J tax herein providod .. alue thereof. alIlst the ,- lor h'lS tl nance has the f perso,n, aud eVer" (]' <, Je, effect of a tI orce and .fl' " en creat d b Ie property of the de' e ect of an execution 1< e. ,y this ordi. nor such lien r IlIlquent. Such jl d eVIed against all sold for the pay%110Ved, until the taxes ~rgme~lt is not satisfied lent thereof E' e PUld or tl ' rea property of th, , . very tax d -. , Ie property Upon personal p e owner thereof 'Uld l~e JS a lien upon the after the ~ime Slll~oIPerty shall tal,e ~f;ect aSlucd' J lien for taxes due C J perso' I I cout., . upon improvements u na property is assess"d ll~ue from and o .\"lIer of said real est~on :'eal estate assesserl ~o' Every tax due ments thereon' wI .' ~e, IS a lien upon th I others than the , , llch lJen .' tt ' e and a 1 ' llJ each year a aches on tl f nc ]mprove- SEC. 20. On or bel' . Je ll'st Monday of l\fa year, the City Clerk ol,e the, first .Mondav f, Y ment Book to th(j ,. m~lst delJver a cop. of' ,0 October in each th1ereto as fol1ows,ulty Tax Collector ,yJ]'t> It~e corrected Asses" . " I] lJS 'tffll ,.,. ,_____ Cit, , < (avit attached that 1 have k t ' J Clerk of the C't . ep corre.t ' ,] yof G'I' Council of said cit . t c, llJInutes of the a t ,I 10Y, do SWear ta' d' J,OUclllncrtl c s 01 the C ]ne ]n the AssessllI to le equalization of. . .' omnlOn foregoitw is at' ent Book for the vear i D assessments COIl. therei n ]~1ade a dl Ue copy 0, f said bO(~I' a"}' . .---, and that the '1 ' n equaiiz'd ' II( of th CI ; that 1 have I, E, and rorrected b tl e assessments f II UJal e the 'I ld' , 'Y]e Com . o a property th . .' c ItlOlIS of valua ' mon Coun. that I believe' t1 e.~ elll assessed to the b .t t]ons and the val lle Ie I'dme tf b es, of IYI" I' 'fhe original !\' ,. )" e true. oJ a Jllity, and City CIeri:' tI . ssessmellt Hook must ]' . " . Ie copy 1 ,. ema]n iI tl styled the "Dull' ( ellverecl to the CitJ' 'f 1 Ie otIice of the DEC. 21 0') Ic.ate Assessment Be j"" ax Collector shall b . n delJveriI . 10 c. e Tax Collector the C't ]g the Duplicate Asse the full arnou:]t of t~ y Clerk must charlYE" tJ:e~:~neIltBook to the If the Duplicat Al~ taxes leviec,. to ,ctx Collector with Coil t' e ssessment B ' , ec or to another tl ,. .ook IS transferr' .' charge the other wi~h t1]~ Clty Clerk mus~ c]'e~~l from one l'ax SEC. 22 Witl' Ie amount outst'Hld' It the one and A . JIll ten el' In" OIl s 'd I ssessment Boo!' tJ' a,vs tlfter the re'" to , ,al look. Ing: ' Ie fax Collectormu t ce]~t of the Duplicat . s ,publish it notice . e , speclfy_ ~----,-,-"'~-"---'~~--- BEV.J&EDOltDIN A'N CES. 15 Flr8t--~That taxes for City purposes will become delinquent on tbe first Monday of December next thereafter, and that unless the . 'taxes are paid prior thereto, five per cent. will be added to the ltmololllt thereof. 'Second---The time and place at which the payment of said taxes may be made. The notice sl\all be published two weeks in some newspaper puolished in the city. , SEc. 23. The 'l'ax Collector must mark the date of payment of any tax in the Assessment Book opposite the name of the per- son paying, and give him a receipt therefor, specifying the amount 'of the assessment and the tax paid, with a description of the property assessed. SEC. 24. On the first Monday of December of each year all unpaid taxes are delinquent, and thereafter the Tax Collector must collect thereon for the city the additional amount of five 'per cent. No taxes must be received from the first to the third MQnday oi> December in each year. SEC. 25: 011 the first Monday of each month the Tax Col- lector must settle with the City Treasurer, and on the same d;ty ,file with the City Clerk his statement under oath, showing the amount of taxes received by him during the last month, and that all money collected by him as Tax Collector has been paid. SEC. 26. On the third Monday of December in each year the Tax Collector must attend at the office of the City Clerk with the Duplicate Assessmellt Book, and carefully compare the duplicate with the original, and every item marked" paid" in the dupli- cate shall be so marked in the original. 'rhe Tax Collector shall at the same time deliver to the City Clerk a complete Delinquent List of all property upon which the taxes are then unpaid, and the persons owing said taxes. Such list must contain a descrip- tion of the property taxed, the amount of tax due thereon, and tbe Dames of the persons to \1'hom the property is assessed, ar- ranged in alphabetical ol:der. SEC. 27. 'rhe City Clerk shall compare the Delinquent List with the Assessment Book, and if found by him to contain the facts thereiu required, he mllst make a settlement with the Tax Collector of all taxes charged against him on, the Assessment Book, charge ilim with five per cent, on the total amount of de- linquent taxes, and credit him with the amount of all taxes col- ,.".- 16 REVISED t)ltDINANCES, lected by hi th m on e Assessment B k Treailurer. In lllaking !:luchsettlen 00 and paid to the City 'l'reasurer's receipt, which shall be ~~ll~ he ,must require the City and filed as a voucher' atHi shall 't:,PiIcates, to be presented Delillquent List duly c'e -t't. l't' WI III three days returll the . I I Ie, 0 the Ta C II celpt.of said list the 'l'ax C II t ,x 0 ector. On the re- , . 0 ec or shad en t rtl .. " tor that purpose alld e lueon HI a column " OppOSi te the names f tI the total amount of tax" d I, 0 Ie persolls assessed Ie" LIe lY them re t']' ' tIe dve per cen,t add d spec Ive y, lllcludin<T e upon the amou t f I '" equalized, and all COiltS' t'OI' Ill" not le asscssment as . . cparlllgr and bl' , SEC 28 0' " pu Ishlllg the said list . . n or DefOl'e the second Monda' f . Collector must publish the I) l' . Y 0 January the rl'ax , ,e lllquent List 0 . . . successive wt'eks ill ~olne ' nce aweek for three , ~ . new"paper bl' 'I . supplement thereto is-II''ll at 'tll pu I" led 111 the city, or a , .., ", ' e sam," t' , newspaper to Hs subscribers H 'J lIne as a part of said publish therewith a notice' tl' 't em lust append to said list. and .', .I,l un ess the ta' , I l' percentage added and tile co~t Xl''' ( e lllquent, the ~ s are paid tJ I which said taxes are a lien will I, Id .' ,Ie r~a property upon the same, at the time alld I' '~so ,at publIC atICtion to pay .. p ace In !:laid t',,',. . said publIcation shall des'. . uo ICe .nentlOned, alld .. Ignate the tune and ],. f " The tl me of sale must llot 1" I ' th P ,Ice 0 "uch sale. ,~, e"s an twent . twenty-eight days from t1 fi' , . Y -Olle 1101' nlOre thall Ie r"t publlc'lti j be ill front of the offiee of tll . T' . C ' on, aliI the place shall . ," '( C "IX ~@Ilector. /:SEC. 2(). On the day of th f ' ., notice, the Tax Colleet~r .'Ilalle lr"tt publ1eatlOu of said list and ~ pos true pri t'd ' at least three public places in the elt _ II ~ C(~PleS thereof ill front of the Post Otfice and one 'It tl Y':lone of which shall be in ill ." Ie' 001' of the 'l'ax C II o ce, and shall file a COI1~- tllf'reoj' d I ' .. . ,0 ector's " , .J . ,u y certifIed b I' . the City Clerk, with his atIidavI't "'I' Y 11 III , With . . ' , d lOWlllg that tI .. t I . qUlred have been performed. " Il ac s lerelll re- SEC. 30. The Tax Collector must in add' . appearing on the DeJinquellt Li5t '11' ItlOn to the amount piece or tract of land a"''''e~"el'l ar:' co eclt on,e rlollar on each lot, c,~.. , lu one ( oil ' of personal prol)erty one Ilalr 'j' I" ar on pach assessment ,OW lIell sh' II th,e other to the 'l'ax Collectol" f' ] I f" a go to the ci ty and , In II or Ilrpp'l .' I ' bEC. 31. On the d'lV fi' xe,l f tl " ,II ng t Ie ltst. , .. or Ie sal ' . to which the sale mav have b' (" 01 Oil some other day' ,. .J een postponed of 'h' I h give notwe by outcry at th(' 1[" j' ,w le I e lllust , ),lCeO saleanl'ttl . Ponement Oil allY day of ""Ie tJ 'I' ' a. Ie time of post, . N." Ie ax C II t the hours of 10 o'cloc]' A 111 I 3 'I' 0 ec or must, between , ' . ,anc 0 c oc'I' p . ~ . M. proceed to ~eIl the -,.-,,--"---,--""--~-_.- -----~--,.._- _.__~--"---'- .,.' __ L-".__,",~'"'~___"'-'---'-~~"_._--_._- - REVISED OltDINANCES. 17 property named in the list, beginning at the head of the list, and taking the names of the persons assessed alphabetically, continue uptil the sale is compllJted. He may postpone the day of corn- menoing the sale or the sale from day to day, but the whole must be completed within three welJks from the day first fixed. SEC. 32. The manner of conducting the sale, the rights of oWllers of property to be sold, the parcel of land designated for Hale, the quantity sold, the resale of property not paid for, and the refusal of the Tax Collector to receive bids from persons fail- ing to pay, their bids shall be in all respects the same as provided in the case of sales by County 'l'ax Collectors for State and County taxes in Sections 3773, 3774 and 3775 of the Political Code of this State, and all thl' provisions thereof are hereby made ap- plicable to sales by the City Tax Collector for delinquent assess- ments. SEC. 33. Upon receiving the taxes and costs, the 'rax Collector shall make a certifieate in duplicate, dated on the day of sale, stating to whom the property was assessed, a description of the land sold, the amount paid therefol', that it was sold for taxes, the amount of taxes and year of assessment, the time and man- ner of sale, aud the time when the purchaHer wiII be entitled to a deed. He shall sign t.he certHicates, and deliver one copy to the purchasel' aud the other to the City Treasurer. He must also euter, iu a book kept for that purpose, a minute of the facts re- lated in the certificate. On the delivery of the certificate to the purchaser, the lien of the City vests in him, and is only divested by the payment to him, or to the City rl'reasurer, to l1is use, of the purchase mouey and fifty per cent. thereon. The 'rax Collec- tor shallreeeive from the purchaser three dollars for making the certificate. S~~C. 3-1. Hedemption of the property sold may be made by the owner 01' any party in intere;.;t within twelve months from the sale thereof. It lllUSt be made in gold coin, and when made to the City Treasurer he must credit the person named in the certificate, and pay it on demand to said pel'son or his assigns, retaining threc pel' cent thereof as his fees therefor. The City Treasurer shall write upon the face of the certlicak, "This certificate can- celed and the property redeemerl," gi "ing the date of redemption, by whom made, und iliglling hi~ name to the ilume; llnd shall de- posit the same with the City Clerk, where it shall be a voucher --- 18 REVHfED ORDINANCES. to the CI'tvT 'J reasurer' d . demption. The Cit ,a:l notice to the Tax Collector enter the \ . " ,y Clerk, on recpipt of '. ' of the re- the vOid Redeemed" on the' the certlficatp, shall property sold. .",ssessmpnt Book 0 . SEC. 35 If ' pposIte . . property is not . d after sale, the Tax Colle Ie eemed within twelve assignee a deed to the 1'( eto~' shall make to the purcha~el~ontl~s ,the matters cont" l. Jpel ty, reciting in the deed b' o~ hiS redeemed the allle, III the cert,ificate and th t su stantmlly ,pro pert 0 '" a no p . owner of 'd' y. oucll deed shall d" elson has chaser Wit~~ut Pt:::~~~'. iln,d vest, the title 1;~:~.:~lfe i~t~~ of the State and' rance, agalllst ever le pur- , Dmted States' sh II b Y person except tl regulal'lty of all other .' ,a. e conclusive evid~n Ie ~xe~ution of the deed, !r:~~~:~~ngs, fr?m the assessme~~t (~~ ~~: In lIke manner, as provid d' ,be. eVIdence of all the f t, of this State in reference ;0 ~:I ~ectlOn 3786 of the POliti:~ls'Ca~d upon sales for State and C( te s made by County Tax CoIl 0 e SEC. 36. 'I'h c , J lUn y taxes. ' ectors o . e fax Collector III ' u c~ober III ea~h year, collect the taa;,~s a~ter the first Monday of n ess there IS real pro t. ue on personal . seizure and sale of " per.y listed, which is liabl I ploperty, . pers(JUal pl'opert., , e t lerefor b mm,t be at public auction aft ;) of the dplinquent '1'1 IY place of wLl' , "f'r one week's r t' . le Ha e o " " e gIven by posting in thre 1.0 Ice of the time and f : suffiCient amount of propert t e publIc pJaceH in the C'ty ;~c:o~:S~a;~'I:~ 1~~::Jl;~S;:'tt~\1 :)f ~h~ p~::~e~~~; 1~I~J~sbePI~~elltt~lg~ personal l' ' " ,1e 0\\ nero .For ., , II t Ie tl, d P operty, III each case the '1" seIzlIlg alld selling I~:ec. ~I;ars'o' to be collected in additio~~o ~~]]f"tctor may charge . n payment f tl e ax. with a bill of sale vest 0, Ie price bid, the deliver. excess of the .' t:le title thereof in th" J thereof, , ' , plOceeds ot sale OVf'r ' " c purchaser. All cO,sts, mllst be paid to th ' the tllxes, percent b . b' e owner of th" " age and e,'l, ~e~t, deposited with the Cit . '1' ,",e, plopel'ty Hold; and if h ~EC. 38. On the first ]\" , ) leasurer, subject to his e Collector must attend at :~:](l:fri ,Of ~larch, annually, th:l~~:r. ADelInquent list, ami the Clerk ml~~tOf the City Clerk, with thX ssessment B k' ,s compar . 'ct . e " .' l" .' 00 _, and mark" paid "" ' e Sell list with the IMI( ,ill tile said list '1'1 r, on saHI book,t11 subscribe on oath ent;l';.d L Ie ra~ Collector llluSt Ih:"1 :~;~perty has paid tip' . IpOIl said Ust "'1'1' t .' "e and eleOIl has been credited'; J.I every person who , am that he has been unable REVISED ORDINANOE!. 19 "'/ J.#'.... .-~.-" - to discpver any property of the other persons therein named where6f'to collect their taxes." The City Clerk shall then foot up Uie aIUonnt of taxes unpaid, credit the 'fax Collector with tbe amount, ar.d with all taxes paid by bim to the City Treas- urer since the last settlement, and shall make a final settlement with said Collector, retaining the Delinquent List in his office, l::\EC. 39. The Common council may cancel any taxes on the Delinquent List, which, in its opinion, cannot be collected. Those not canceled must be entered by the Assessor on the As- sessment Book each year until paid or canceled. SEC. 40. Any taxes, percentage or cost illegally collected, must bel'efunded by order of the Comm,on Council. If the Tax Collector finds that property is twice as"essed, he must collect but one tax. and return the facts under oath to the CIeri" SEC. 41. When land is sold for taxes, no misnomer of the owner, or mistake in the ownership thereof, shall affect the sale 0:1' make it void or voidable. SEC. 42. At any time after making- his assessme,nt, and before the first Monday of August, the City Assessor shall collect taxes, by seizure and sale, upon llloyable personal property, when stich taxes are not a lien upon real estate. All the provisions of this ordinance governing the Heizure and sale of personal propertyror taxes by the Tax Collector, shall apply to and govern tbe City AssesHor 1Il the seizure al.d sale of property by him; and he shall receive the same fee fO)' 11iH service", He shall be governed in the amount of tuxes he collects by the rute of taxation of the last year. \Vben the rate is lixed for the year, any excess of that rate shall be refuuded by till' Common Council; if a sum less than the rate fixed be collected, the deficiency must be collected as other taxes are collected. SEC. 43. On the first ~londay of each month the City Asses- sor shall Illake a "ettlement with and pay to the City Treasurer all moneys collected by him for taxes during the preceding month. He shall note on the Assessment Book,oPPosite the names of the persons pltyillg, the amount of tax collected and the amount of eJ'cesS or defieiency, a;; soon as the rllte is fixed. Sgc. H, If the City Tax Collector disco\'ers that, on account of any defect, irl'l'gularity or omission in the assessment of real estate the sail'll' shou](luot be sold, he must report the facts to the Mayor and Common council, who may direct it to be withdrllown ....... 20 REVISED ORDINA.NCES. from sale and carried into the A :~~i~:~her~in taxed at its vu,ltle sf:ers:::e~ts Book ,of the next year, S to It,S assessment t'OI' tL h t year s assessment I'll EC 45 11~ current ' infor~ :'. No assessment shall be .year. . alI~Ies therein, no!' because ' . 1!leg~1 on account of ~:~~Ime III this ordinance provide~~e IIS~lllg IS not completed at th e assessment any property d" , all( the Assessor may add e return by I . IScovered by h' S mil of the Delillq 't. 1m subsequent to EC 46 P uen List to tl T t b' . ersona1 property m'. .' Ie ax Collector. o e the property of th 01 tgaged or pledlJ'ed is d d SEC. 47 T. e person in possession "" eeme . axes must be pa' ] . . Ce~dinl{ sums of ten dollars, o~( t:ln g;l~ coin; or in silver not ex- EC. 43. An ordin' . e nlted States. in' d ance entitled" '\ 0 d' g an Collection of R' .' n r lIlance fOI' the A June l~t! evenue lor the Cit f G ssess- prsovisi~n~' Of~h~~ ~1~(~i~:a:I~~ a~~~ l~;'~i~anc~ (~n c~~~i~: l~~I:~O~~~ EC. 49. rhis Or(]I'IIU, ,I e y repealed. d nCl' s lall t I an after the 1st day of ~1 a ;:e effect and be in "0 p , 1. ay A D 18~6 l' rce on assed this 30t! d,' "'." vote: 1 .ty of March, A. D. 1876 A ' by the following ,yes-Councilmen Cole, G Steuben. ardner, Morey, R' 'Iehl, Rea and Nays-None. Absent-None. Approved this 30th day of M arch, A. D. 1876. .;'\ttest: F. G D' ,. W~I. N. FURLON(' . YI,R, City Clel'lc "-, Mayor. ORDINANCE N An Ordinance to p. , O. 4. Th rctect the City of G'l e May d ' l.roy a ' . , or all Common Council of the' . .. galnst Fire. SECTION. I. It shall be unlawf I ~ City of Gilroy do ordain' er~ct, maintain or, keep any st . ,_ u, or any person to put u . b~lCk or stone, in any buildiIw :i~I;.lpe or smoke-flue, except ~~ City of Gilroy, unless the sa~n' b III the corporate limits of the woo~, cloth, or other combustib~ e sec~red 'from contact with prOVIded, as follows' "'I e matenal, as in this ordl'll . . .. len pass' I allce lUgs, >>uoh lltove-pipe 01' tlue llhall ~ng t uough partitions or ceil- e enclosed by a doubl . e oylIn- 1\EVI8ED ~ltDIlUNCES. 21 der, or thimble, with two inches space between the inner and outer cylinders, or by bri!lk and mortar. When passing through a roof the said pipe or flue shall be protected by a flange, the plate of which shall not be less than twenty-four inches square, and shall be made entirely of galvanized i~()n not less than number twenty-foul', and all such pipes or flues outside of the roof of any building, shall be made of the same material. No such pipe or flue shall be less than four inches from the wood around it. \Vhen passing concealed spaces between ceilings and floors or ceiling and roof, a double cylinder shall be userl as in passing through partitions as above mentioned. SEC. 2. It shall be unlawful for any person to put up, erect or m>lintain any chimney or flue .dthin the City of Gilroy, com- posed of any combustible material, or to cause any stove-pipe or flue to pass through any winllow-sash or glass on the side of any building, or any partition wail therein, or to erect, place or main- tain, or cause to be en;cted, placed or maintained, any stove-pipe, flue, grate or ~re-place, so as to endanger the building wherein the same is situated, or any building adjacent thereto, with fire. 8,EC. 3. It shall be unla ,yful for allY person to deposit any hot ashes or embers in the street, or within ten feet of allY building, unless securely covered in a non-combustible receptacle. SEC. 4. Any person violatl ng any provision of this ordinance shall, upon COB viction thereof, be punished by fine of not to ex- ceed olle hundred dollars, or imprisonment in the City Prison not exceeding thirty days, or by both such fine and imprisonment. SEC. 5. The City \larshal shall act IlS Fire Commissioner, and it shall be his duty as sllch to examine aU stove-pipes and flues in builllings within the city, and r,!lquire a compliance with the provisions of this ordinance; and the neglect or refusal of the owneror occupant of any building to comply therewith after ten days' notice by the City :Marshal so to do, shall be deemed a vio- lation of the provision" of this ordinance. SEC. 6. An ordinance entitled "An Ordinance to Protect the City of Gilroy against Fire," approved February 7th, A. D. 1872, is hereby repealed. Passed this 30th day of :\Iarch, A. D. 1876, by the following votN ..... 22~;' R:EV18~I1', J>RDlffANG,lS. Ayes-""Counoilmen Cole, Gardner, Morey, Riehl, Rea and Steuben. Nays-"-None. Ausent-N one. Approved this 30th day of March, A. D. 1876. WlIL N. FURLONG, Mayor. Attest: F. G. DVER, City Clerk. OR.DIN ANCE NO.5. An Ordinance in Relation to Supplying the City of Gilroy with Water. . Th~ Mayor and Common Council of the City of Gilroy do ~rdain: bEC'l'LO.N.~. The exclusive right h hereby granted to Donald .l\~cKenzi; and ~. tl. K. Buick and their assigns to supply the ~ltJ' of GlIroy w1th good and pure water, for the term of twellty- fi~e years from aud after the passage ()f this ordinance, pro- VIded tl~at t~rey shall complete tlwir work and introduce good and pure water tor use within eighteen months from the date of the passage of this ordinance. OE~. 2. The exclusive right is hereby granted to Donald 1\1c- Kenz1e and 1). tl. K. Buick aud their assigus to lay pipes throlwh any ~nd all the streets of this city (at tllPir option), when t71 publIC demand may require fur tile purpose of supplying goo} and pur~ water to the inllabitallts thereof for tlw period of twenty-fiv~ years, and provided, that after said term. it shall not b~ la\~ful tOt allY other person, compauy or corporatioll to lay p1~es tor a 1ke purpose nearer than two feet six inches of tllOse laId by .M~Keuzie awl Bllicj{ and their assigns, except when they may requ1re to cross each other. oEC. 3. Iu cOIlsideratiou 01 tile exclus1',-e' pr'l','l'] , 'I ' . , , "'.. . . . eges lerelll grauted to sard Md",emae ami Buick aud tll'l' . ,. ! 7 e l' at;:-:;lgl1~1 1 t IS ler~by agreed to, ami in behalf of said McKenzie and Buick aud tbell' ass1gu:;, to aud with said crt" tllat l't. .. I'" '(, . . " oJ" sa U CI Y lIlay w1sh to llse saId water lor 111'e purposes and for the use 01' tile ' 1 . ' ellgllle lou:se:s ,th~~.lll~y..aud shall l]~\Ve the free use thereof for all such jJur~ pose~, ~dJ ~ug to sa1d. .\lc1~ellZIe and Buick and their as:-;igns onl the cOst ot constructllJg IHC [Jlu"s al'd cocl-o a 1'](',1 t/ Y '. b".... \.....". Ie llece.sstLl',y coun.ectlOn~ WIth the illaius of the cOllJpany. REVlSED ORDINAN!)ES. 2,3 SEC. 4. All the streets, alleys, or public places along and through which the mains and distributing pipes for co~ducting said fresh and pure water may be laid, the dirt or other material displaced in laying such pipes shall be replaced in all cases and fixed in as good order and conrlition as it may have been before the pipes were laid, and all reasonable dispatch shall be used in' excavating and laying such pipes, so as not to cause any unneces- saryobstruction to the stl~eets, alleys 01' public grounds through which the same may pass. ,!'he main pipes shall not be of less diameter than seven (7) inches, and of sufficient strength to carry out the purposes of this ordinance. SEC. 5. All the rights herein granted to :\IcKenzie and Buick and their assigns shall in no way operate to prevent the erection of reservoi1'" of water upon the property of any person or per- !:ions witbin the limits of t,he city, or the conducting of water from wells 01' reservoirs made oj' erected, to the premises of other persons, whenever such is clone as a matter of accommodation and not of business for profits. SEC. 6. After the expiration of three years from the date of the passage of this ordinance, and on the expiration of every ttll'ee years thereaft0r, the COlllmon Cou!\cilmay estahlish rates of cbarl!;es for water, which shall' not exceed those chargel~ by other w;ter companies supplying other towns in this State of a like number ofinhabitants, which said waLeI' works are supplied by ,mountain water, and provided, further, wheuever complaint shall be madc "f exorbitant 01' unreasonable charges for water, it shall be the duty of thc Common Council to examine fnto the ml~tter, and if in their opiuion said complaint is justly made, at the expiration of the term as aforesaid they shall notify the owners or manag0rs of said water works that a committee of two of said Common Council will be appointed, mentioning the time and place when said committee will meet two persons appointed by said ?\IcKcnzie alJ(l Buick and their assigns, for the purpose of determining in relation to the complaint made; and if said com- mittee cannot agTee as to the ratc of charges to be made for the sale of water by said 'McKenzie and Buick 01' their assigns, then an Umpire sh~lI be elected by sail] cOIllmittee to determine be- tween them, a majority of whom shall be sufficient to establish the, rate of water charges for such term; if said McKenzie and .Buick or their assign,; shall f,lil to appoint such committee after 24 REVISED ORDINANCES. being duly notified so to do by th C ' , e ommon Council or such commIttee when appointed shall neglect or refuse to me t'l ' fer with the committee appointed bv the C' , e al~( con- C ,. . ommon (;ouncI] the ommon CounCil reserves to itself the ri ht ' ' , water rates or charges for such term. g to estabhsh the , SEC. 7. The City reserves to itself the right to purcha said water works and material at the expiration of twent se cost or its a~praised value, as it may determine. y years, at Passed thiS 7th day of February ~ D 1872 t . . vote: ' A.. ,IY' the folloWlllg Ayes--Councilmen Cory, Finley Hit.l k Steuben. ' c lCOC , Heither and N ays-- None. Abselit--Councilman Isaacs. Approved this 7th day of February, A. D. 1872. VOLNEY HOWARD Mayor. Attest: L. V. P ARSOl'>S, City CIeri" ' ORDIN ANCE NO.6. An Ordinance Granting to the Pacific Pneumatic G C ., 1 as om. pany permISSiOn to ay down Gas Pipes in tb e QA,", t of the City of Gilroy. -' "'"Ace S 'fhe May"r and Common Council of the City' of Cil 1 S ,,,,, .,. ,.x roy ( 0 ordain: BellON 1. PermiSSIOn IS hereby' gl"tnted t tl . , < 0 Ie PaCific Pneumatw Gas Company, its successors and assl' 't <" gns, 0 Inanufar.- tun- Gas in the City of Gilroy, and to la" down <roc' ,', . ~ .J eU~ pI pes In and througll the streets and alleys of said city' and tl' I ' , , . ,'110Ugl saId pIpes to supply gas for IIghtll1o' the streets and blll'ld' f . e . llJtrS 0 s'tid city, an~ for the use of the inhabitants thereof for th ~ t ' twenty-five years. e errn of Passed this 7th day of February, A. D. 1872, by the folIowillg vote: Ayes-Councilmen Cory, Finley, Hitchcock, Reither and ::-;teuben. Nays--None. Absent--CouncilmalJ Isaacs. Approved this 7th day of Febnutrj', A. D. 1872. VOLN E1' HOWARD Mayor. Attest: L. V. PAHSO:"S, City Clerk. ' ..; REVISED ORDINANCES, 25 ORDINANCE NO.7. "Ordinance' Providing for the Issuance and Payment of ",..,()rders or Warrants drawn upon the City Treasurer. ". T.be Mayor and Common Council of the City of Gilroy do ordain:' "'~1WTioN. 1. On the first 1\<Ionday ,of each month the City '~U(er shall fiW with the City Clerk a report showing the __,mounts of all moneys in the various funds in the City Treasury. SEC. 2. No warrant shall be drawn upon the City 'l'reasurer, except by the order of the Mayor and Common Council entered upon the minutes of their meetings, nor unless their is sufficient money unappropriated in the fund upon which it is drawn, to pay the same. SEC. 3. 'rhe Mayor llnd Common Council shall, by ordinance OT by resolution spread upon their minutes, create and name '18 many funds in the Treasury as they may deem proper, and desig- , ,nate the fund into which the moneys of the city shall be placed, and the uses to which such fund slulll be applied, SEC. 4. All warrants drawn upon the 'rreasurer shall be llum- bered, and shall state the name of the person to whom payable, the amount to be paid, the character of the indebtedness or ser- vices for which it is drawn, and the fUllfl from which it shall be paid. 'rhey shall be payable to the person therein named, or bearer, signed by the Mayor, countersigned by the City Clerk. and bear date upon the day they are drawn. SEC. 5. The City Clerk shall procure blank warrants bound in book form, frotH which all warrants on tl1e City Treasurer shall be drawn. The warrants shall have marginal stubs, upon which shall be entered, at the time of tHeir issuance, a synopsis of the contents of the warqlnts respecti vely. SEC. 6, 'rhe City Clerk shall keep a book in which he shall register all warrants drawn upon the Treasurer, specifying the number, date and amount of each warrant, and in whose favor and upon what fund dra,nl. SEC. 7. The City Clerk shall keep a register of all demands against the City in tlw order of their allowance, and warrants shall be drawn therefor in the order they appeal' upon the reg- ister. SEC. 8. An ordinance entitled" A n ordinance Providing for the Issuance and Ptlyment of Orders or \Varl'ants drawn upon . '. ,..._-~.. 26 REVISED' ORDINANCES, the City Treasurer," approved Febl'uar hereby repealed, .Y 7th, A. D. 1872, is Passed this 30th day of March A vote: ' ,.. D. 1876, by the following Ayes-Councilmen C I o e, Gardner, Morey, R' hI 8teuben. Ie , Rea and N ays- None. Absent-None. Approved this 30th day of March, A. D.1876. Attest: F. G. DYL,',R, WlVI. N. FURLONG, Mayor. o , City ClerIc . ORDINANCE NO.8. An Ordmance Establishino- the F " ees and Salaries of C't OfiiC81'S, . 1 Y The }layor and Common Council of the'i .,' SEC'l'lON 1 The fti. ,,] , . C ty of Gh Iroy do ordai n : , . 0 celS lerelllafter na d 'I .' , their services, res!)ectivel" tl f' me s lall lecelve for J' Ie ees and saJa " h ' provided that the Mayol' '\lld C lIes erelll named, . , , ., otHman Council ' dll,nllllsh the same '\0 tJl' e l'I'lte" t f _ may Increase or "a lesso th C't I:3EC. 2. The City.(:Ierk shal~ ;'eceiveefo'~ y,may r,equire. Clerk, a salary of twenty-Il' \'e d III _ I IllS serVIces as such , " (aI'S per mOl tl '. I' , VIces as City Assessor the sum f't 'I ,1 I, ane for Ill~ spre o \\(1 ltllldred doll' " payable on the delivcry of the Du I' ", ,'" aI" perannutll, 'fax Collector, p wate Ass(;ssmen t Book to the I:3EC. 3. The City .Marshal shall I' ,,', , I' "cen e a salaIT of ""2 c mont 1; such fees as nla" be '\ll ~d b J y" ,DO pel' J ,owe Y anJ' ordinal " d' per cent. on the allloLlLlt of all C"t t, 0 we, an lIve 1 y axes collected l I' shall also reed ve for each anest Hlacl _ b b' "lY llm. He f' C' ' ,e y lln for th "I ' o a Ity ordinance the sLIm 0' f' tl' J I] , e '\ to atlOn , .11 ee e 0 aI's' "I d f I vices performed by him L11101' tll t ,', I f' ., .. I ,or ot leI' ser- . e] la or sueh v' ] t' same fees as Constables are allov'cd b I,' "I~ a lOn, the , , ' ' Y ,\\\ to coLlect for tJ servICes In criminal cases, which shall be' ,lesurne lected; provided, that hc shall only be ~11~~:~I~~t ~f :he fin: cO,I- fees upon cOllviction of the' (J _j'] t 0 <lny of stlld e ene an and tll II' , same from him, ami that the City" ' II ' e ,co eetlOn of the . S 1.1 not be Imbl' f 'tl 111ent thereof. He shall ul~o re'c'c'l" f'l " e OJ Ie pu;)-'- , ._ ,,\ e or t Ie IH1I'0 r anllual or animals rel]uirec1 to b' '" > UlH,ll1g of any t, IlllPOUlHlt-d by un' C't d' nance, for each animal not cxc r ".' J I Y or 1- , eellng ten In number, the prop- RE-'f.lI>ED ORDINA:1!f€lES. 27 ertyof the same owner or owners, the sum of one dollar; and for each one additional over that number, fifty cents; and fifty cents pel' day, each, for feeding and keeping said animals while im- pounded; said fees to be paid by the owner of the animals upon retdemption, or retaineu from the proceeds of their saleA. 'l'he deputies of the Marshal shall receive the same fees as are allowed him for the like services. BEC. 4. policemen kept in regular employ by the City shall re~eive a salary of seventy dollars per month. They and all othel' policemen, regular and special, shall receive the same fees a!j1a.re allowed the Marshal by the provisions of Section 2 of this ordinance, in cases for violation of City ordinances, subject to the provisions in said sections contained, SEC. 5. 'fhe City Sexton shall receive for each permit to bury granted, the sum of one dollar; for each grave dug, except in the Potters' Field, five dollars, to be collected at the time of grantin~ the permit, from the applicant therefor, and not to be a City charge; for each burial in the Potters' Field, when he receives nothing therefor, three dollars, to be paid by the City. SEC. 6. 'rhis orclinancp shall in no wise affect the amount or time of payment of any monthly salary of any officer, already established by ordinance, for the month in which any such officer ma~' have already begun the disellltrge of his duties for such salary before the approval of this orclinance. SEC. 7. An ordinance entitled" An Ordinance to Fix and Establish the Salaries of certain Officers of the City of Gilroy," approved February 7th, 1872, is hereby repealed. Passed this 30th day of March, A. D. 1876, by the following vote: Ayes---Councilmen Cole, Gardnel',Morey, Reihl, Rea and Steuben. Nays---None, Absent-None. Approved this 30th day of March, A. D. 1876. WM. N. FURLONG, Mayor. Attest: F. G. DYER, City Clerk. 28 REVISED ORDINANCES: , ORDINANCE NO 9 an Ordmance Providing fo t' " Dr lIe OrO'anI' t' epal'tment for the Cit " , ~a IOn of a F'ire The Mayor and C Y of GIlroy. _, ommon Coullcil of tl C' S~CTION 1. The Fire Department 1~ Jlty 0: Gilroy do ordain: consist of Vigilant EnO'ine Co . 0 the CIty of Gilroy shall C b J mpany FLI' 1 ompany, Keptune Hose Comp" ,,' Ie m Hook and Ladder panies in the City as tll ' I llliY, and all other such Fire Com , ] aJ lereafter be .' - sal( department by the M' , , orgul1lzed and admitted to Co " ay 01 and Commol C . mpany, having the numher (f ' 1 ollncll. Any such nanc v 1 members l' . ] b . e, may be so admitted b' th eqUlrel y this ordi- \ ' c l\I"yor d C upon recommendation of the' B .,' ,.'an ommon Council resol t' , oaId of DeleO"lt ' ' , u IOn of that body. b' es, expressed by a SEC. 2. 'fhe government of the F" vested and reposed in a eh' 'f F ' lie Department is hereby sistant En'~ineerQ all(] JBle . '~ngIneer, a First and ReCOll('1 A "', ~" . a 0" I'd of D J" ' s- delegates to be elected by eac'~l L' ,e egate.:; composed of three b I . I'..nO'lne ('01111 y eac 1 Hook and LadeleI' (' b ' )any, three delcO'ates '(Hnpany 'I d t b' other company in thc department ,. n wo delegates by each SEC, 3. An election shall bc h~ld August in each year for tI I.', on the f(,lLlrth Thursday of F' tl - ' Ie e eetlOn of a CI . f' E Irs, am Second Assistant Ii' ,', lie 'ngineer and I I]" ' .LJllgll]('er~ Th, t' 10 ( lllg stud election sh,tll b' I' ' , e ImE' and place of gates, who shall c'\u~e' r'lC'lJ'ne (t,:slgnated by tlw Board of Dele , " .. ,ce IJereof 1 b . - tary of not less than fen dav" n toe given by thc Secre- t, . , , J ~ ex prec<'d Ill' 1 . no ICe to be published OIH'e " we ], ," g salf election; said itl't .a e,IlIS0mene" n Ie Cl 'Yo The Board off) 10 ., ,\v"puper published 1 '., . ,..1<.- e egates no\v ',t' tne duties ll1,this onlin'lllc'e r " I . eXl" ll1g shall perform t,], ' , , equlrel of the B "d ' un I a new Board of Delegat' I I' Oat oj Deleo'afe~ . ,l's~la,jha\'eb b " orgalllzed, een eleetcd and 01'- SEC 4 'L' J . . . ,wo udges and two Cieri's of' " pOll1ted by the Board of Dol." " hlectlOl1 shall be ap- f tl . . ' 1 (g',lt",; and sworn f I 0' leiI' dutics, Hnd shall constitllc, I" 'B or t Ie performance " ' ' ,e lle o'\rd of 1'1 ' vac,mcy 1Il the Board of 1'1 t' "" ectlOn, Any f 'II ,~eclonmnyhefillcl! o sal( ward present ut Ll, ]1, :,.' ,C JY the members P' t tl lC po ~, 01 If none f ' lesen, len by a l'najorIL\! of tl ' , 0, sau] board are PilI II ,,] H. '\ 0 te rs ") re " t I o s s la be opened at 1')' . I "ell t lereat. 'fhE> , I I ~ 0 dock l\I d ococ~ P. ,M, '1'1'1" ,t' .,', an closed at 9 c \o.ln" Hhall b., l ' " persons recei vi \1'" the Iii "'l~-,t " {, JY ballot, and the of th ffi '" '" e" nl1mlJ(~r of t-, e 0 ces l'especti vely sh'111" I, vo e,;, for each , , ue (c'cJared t b 1 o e e ected to t: . 29 REVISED ORDINA.NOES. , llucb office. After the polls are closed the Board of Election sball immediately count the votes, and in five days thereafter certify th~ result to the Board of Delegates, and shall seal up and de- Uver the tally lists I~ept and ballots deposited to the Secretary of sa.id board. The Board of Delegates shall, within ten days, ex- amine the tally lists; and if found correct shall declare the result; and the said officers so elected shall hold their offices respectively for one year from the fourth Thursday of September after their election, and until their SUCC{~ssors are elected aud qualified. SEC. 5. On or beforc the l,5th day of September after the said election, each Fire Comp:tny in the department shall elect from its member,> its quota of delegates to constitute thc Board of Del- egates aforesaid, and the delegates so elected shall hold office for the term of one year from the fourth Thursday of September, anrl until thE>ir successors are elected and qualified. SEC. 6. [n case of a vacancy in the office of Chief or either of the Assistant Engineers, or in case of a tie vote in their election, the Board of Delegates shall order an election to till such vacancy, or to reballot for such candidates as have a tie vote. The same notice shall be given tllereof, and the election shall be conducted and the result declared in the same manner as herein- before provided for the elcction of said officers. SEC. 7. At elections held for the dection of Chief and AssiRt- ant Engineers, ever member of any company in the Fire De- pal'tment may cast olle ba1iot. ' SEC. S. On the fourth Thursday of September the delegates elect shall meet at the haH of the oldest organized company at 7 o'clock p, ~L. and organize the Board of Deleg:Ltes for the cnsuing year, 'rhey shaU e\cet a PresicLnt of the Board, who shall be one of their own Huwber, and a 'rreasurer "nd S<;cretary of the Fire Department, caeh of whom shall hold office for one year, and until hh, sllccessOr is elected and qualified. A majority of the Board shall be a quorum, and ti~e President shall preside at all meetings thereof, when present, giving the casting vote in case of a tie, SEC. 9. 'l'he Board of Delegates shall have power to lllake all needful rules, regulatioas and by-l"ws for the government, regu- htioll"lld mallllgclllent of sd,icl Board and its officers, and of the Fire Department, the same not being ineollsistent with any law of this State or any ordinance of tile city. They shall hear all I. .... .... 30 :REVISED'ORDIN ANCES, con.tested elections of the 0] , f ' majority vote of the Board S~ll:il (~ '-\,Sslstant ,Erigineers,and a office. They shall have a general t'Clde ~h,O IS entitled to such the department, and of the supen ISlOn of all omcer~ of department and of all 't management of all property of'th CI y property' I e p~ny; desigllate aild codtrol tl In, t Ie hands of any com- vHled th b ' Ie ex pendl ture of . em y the .'Vlayor and Con' any moncys pro- all members and officers of the d ~~lOn Council. 'fhey shall try for refusal to obey all la\vflll 0 ~jPartment, or of any company E ' II ers of th ' ' nguwers for the violation of an: e Chief or Assistant the department or for gr()s' ' y IUle, regulation 01' by-law of P d "Hllscondue.t d en , remove from office or ex . , an may censure sus- or member found guilty therett,el from the department the~ffi SEC 10 T] '.,. cer t', " . Ie Chief Fllgineer shall h' " llS duty to take charge of and a, e power, and it shall be the existence of tires ,command the department d " " prevent Injur ' t ulIng serve ~ll property rescued,'and ret~1'I0, take charge of and pre- thereat upon the payment of the eo' 1 the ,same to the owners to make surveys of all elwine 'tl'U . kst O]f fakIng care of the same' "t. b ~, C S JOS:..I' . , CI .y or pl'lvate property used b' ' e, macbl llery and othel' and of all cisterns, hydrants \y, ~n: c~)/npany of the department supply of water; examill~ ::r:~ut{pe~ or vessels used for th~ the same, and report the y ,l?to the condition of Mayor and Common Cou' 'I conchtlOn thereof to th months I ' ' nCI at least once i ' e , . n case of IllS absence ".1 ,n evelY three ~sslstant Engineers shall perfo/r:I~~n~ss orlllability to act the sIstallt mnking the 8eeol1(1 A' e same duties, the Firs~ As d t" . sSlsfant in tl. - u les. rhey shall at the sam t" ,Ie dlscharg(' of said rank l' t ' e Ime and III tl epor to the l\-hyor an(l C 1e same o)'der of' f ' ' ' .ommon Co 'I lie OCCUl'l'lllg' while tl " unCI all accident. b tl ley \\ ere HI co s y llereof, if a8certained, the descl:ip"l'OII mf m]and, and the causes (estroy d 'h . . 0 t le pro t' f ' ,..e, WIt the names of the ' per y Il1jured 0 ounatlOn or I'ecommendation th ~wnel,s, and give any oth r' l' SEC. II. All oflicers of the F' eJDmaJ deem proper. e In- enter u tl' Ire elJartment 8] , 11 , ,P?n Ie discharge of their dlltics' l.l, before they ~ath Similar to the oath tak " ' takc and subscribe i::Ie~retary are authorized to ~~(~l;:r;I~~~~rom~lers. 'fhe President a~~ /:lEC. 12. 'fhe F' D sue 1 oafhs. , ' Ire epartment sh II J vlded by the Board ()f D I a laVe a scal to Ile e egates whi I ' ' pro- ~~ the, Sec!~tarJ', and shall be pl~. d c 1 shall be in the custody lIn, lequll'lng It seal ce upon all papers ]" d . ssue by '.:, ~::)~. ..... ;,.__'.~,_\I,:1;;:'?~~.-~i: ;,'i,,-:'~ ,Ji~v'i$~'tim:infA.NCltS. . All Fire Compani~s''inthe ne.vartment$haUbftvea at le~t one AssiPotant Foreman, a Secretary and Treas~ other officers as their by-laws prescribe, and shall istofnotmore than sixty-five nor less than tweIlty~five bers.for each En,gineor Hook and I,adde~ Company, and more than twenty-five nor less than .fifteen members for any or other company; all members to 00 males and not less eighteen years of 'age, Each company shall have power to all such orders, rules, regulatioI18 apd by-laws for thegov- ment of its members as are not inconsistent with any law of s State, any ordinance of the city, or any by-law ofthEiFire partment; t{jpunish any of its members for misbehavior, -ab- Cl:l from. or neglect or refusal to attend any fire or company eting, or perform any duty imposed by the by-laWS, by fiue te:x:ceeding five dollars, suspension orexpl.l1sion. They shall . $ubordinate to the Board of Delegates, and shall exercise none the powers granted to said board by law or <?rdinance. EC. 14. If from any caus(~ a companybecomes.reduced to Q mber 'Iess than required ,by the provisions of this ordinance, said company shallceasr tohlowe any representatioli in the rd of Delegates, unless within thrl)e months the deficiency again supplied by other members; and incase suchdeficiencf ot made up within one year, t,he c9mpany, shall be disb'fnded. 'EC. 15. ,An ordinance entitled '!An Ordina.nceto Organize l<'ire Department of the City o(Gliroy," passed February i A. D. 1ts72, and aU ordinances and pa.rts of ordinances in con- nt or ill coutlict with this ordinance, a,re hereby repealed. EO. Hi. This ordinance shall take effect and be in force on after the 1st day of August, A. D. 1816. : assed this 30th day of March, A. D. 1876, by the following . Cole, Gardner, Morey, Rea, Reihl and n. '$-;- None. gent-None. proved this 30th day of March, r\. D. 1876. WM. N. FURLONG, Ma)'or. t: F. G. DVliJR, City Clerk. .... 32 REVISED ORDINANCES. ORDINANCE NO. 10. An Ordin~nce establishing a City Police, prescribing their DutIes, and providing for their Government. The Mayor and Common Council of the City of Gilroy do ordain: SEC'l'IOX. 1. The Police Department of the City of Gilroy s!Jall consist of the City l\t:arshal, as the Chief of Police, and as many regular and special policemen as may be hereafter appointed, All Constables and their deputies residing in the corporate limits of the city are l~ereby constituted special policemen, with the same powers, while on duty, as regular policenH~n, and shall re- ceive the same fees for the like services performed; their fees in no event to become a city charge. SEC. 2. In addition to any duties imposed or powers conferred upon the Marshal by any law of this State, he shall be the chief and head of the Police of the city, and it shall be his duty and he shall have power to make all lawful orders and regulations not inconsistent. with any ordinance, for the action and employ- ment of the pohcemen, and direct them in the di!'charge of any duty. If the peace of the city be threatened by any riotous ~r tumultuous a><semblage, he shall cause the police to assemble and notify the Mayor of the threatened disturbance. He shall appoint as many regular policemen as may be provided for by the Mayor and Commou Coulleil, subject to confirmation bJ' that ~ody at their next regular meeting. He may appoint special po- hcemen upon any unusual enwl'gency, until the next meeting of tbe Common Council, at which time he shall report to the Com- mon Council such appointments and the necessity therefor and may discharge such speeial policemen at pleasure: He ma; sus- pend any regular policeman for otlieial or other gross miscon- duct, and appoint another iu his stead, until such time as said regular may be restored or removed by the Mayor and Common Conncil, to wllich, body he shall report the facts at their llext reO'- uJar mee,ting. He shall, discharge such other dutie" as may be lawfully Imposed upon hun by the Mayor and Common Council. SEC. 3. The Marshal, his deputies and all policemen shall have power to make, arrests for the violation of any city ordi- na~ce,to s~rv~ all W~'ltS and other process 01' papers issued by the Pohce JustICe 111 a trIal or proceediug for such violation. S,EC. 4. All, po~icemen, whell on duty, shall cOllstalltly patrol then beat or dlstl'lct. No policeman, when on duty, shall euter ''''"i".g;''~'''I..''''~''7'''i''~;i!t'(~~~O<;'Y''!_1 REVISED ORDINANCES. 33 any public drinking hOUSe, gambling hous~, house of il~ fame .01' place of public amusement, unless in the dIscharge of hIS offiCial duty; nor shall any regular policeman engage in any other business or calling than the business of the Police Department, or absent himself from the city without permission of the Mar- shal. No policeman shall rcceive any private reward ,f?r the performance of his duty. For the violation of any provlslO.n of this section he shall be suspended by the Marshal, and be hable to be discharged. SEC. 5. All policemen may be discharg'ed at pleasure by the Mayor l1nd Common Council, and in case sU,ch disc?arge is made before the completion of any month of their serVICe, they shall receive for the fraction of such month at the same per diem rate paid for a whole month. SEC. 6. 'rhe Mayor and Common Council may, upon the ap- plication by petition of ten taxpayers, app~i~lt a speci~1 police- man for a particular beat or district, the petitIOners paYll1g such policeman for his services. Such policeman shall act under the supervision of the Marshal and subject t? his orders, and the pro- visious of this ordinance shall be apphcable to them as to all other policemen. ., SEC. 7. 'fhe hlilding now used for the confinement of persons for violations of city ordinances, or any other building hereafter designated therefor by the ;\Iayor alld Common Council, shall be the City Prison of the City of Gilroy, and all persons hereafter imprisoned for any oflense agaillst a city ordinance shall be con- fined thercin, except as hereinafter otherwi;,;e provided. The City Marshal shall have charge of the City Prison, and it shall be lawful for him to put to labor upon the public streets 01' squares, or upon any other public work of the city, within.its lim~ts, any person confined t.llCrein for a'4 violation of any CIty ordmance; and in order to preyent their escape while at such work, may place uplln him or them a chain 01' ball and chain, when in his judgment it ;,;hall be necessary so tC' do. , . SEC. S. An ordinance entitled "An OrdlIlance to estabhsh a City Police to prescribe their Duties and provide for the Govern- me~lt of th~ Same," approved February 7th, lS72, is hereby re- pealed. Passed this 30th day of Mard:, A, D. lS7G, by the following vote: ... 34 REVISED ORDINANCES, Ayes---Councilmen Cole, Gardner, Morey, Riehl, Rea and Steuben. Nays---None, Absent-None, Approved t.his 30fh day of March, A. D. 1876. , \V1\L N. FURLONG, Mayor, Attest: F. G, DYER, City Clerk. ORDINANCB NO. n. An Ordina.n~e prescribing the manner of Instituting and Mall1taInIng Prosecutions for Violations of City Ordi- nances. 'rhe Mayor and Common Council of the City of Gilroy do ordain: SEC'l'ION 1. All prosecutions for violations of eit.y ordinances shall be commenccd, all procecdings therein had, and all writs and process therein issllcd in tbe Ilame of "'I'he Pcople of the State of California." The complaint may bc made orally by the officer having the party offending under anest, at the time of making the complaint, upon a charge of drunkenness, drunken condnct, or being drunk and asleep III any place prohibited by ordinance,. when the oiIense is commi tted in the presence of sueil officer. In all other cases, and \vhcn a plea of not guiltv is en- tered upon SUCll oral complaint, thc complaint shall be in"writing and .verified by the oath of the person making it. It shall be the duty of the oflicer making the arrest to complain when the offense has been en'llnitted in his presence. The complainf if in writing, shall eontaiL h coneise statemellt of the facts COll:ti- tuting the ofIense eharged, the name of the defendant, if known (or a fict.itious name when the real uame j,.; unknown), the tim~ of the alleged violation, and the titlc of the ordinance alleged to have b:en violatcd. All prost'cntions shall be commenccd by complalllt, and the only other pleading shall belt plea of "gLlilty" or "not guiltJ'," or objections to the sufficiency of tile com- plaint. UPOll tlling the complaint the Justice sh~ll issue a war- rant for the arrest of the defendant. More than one person may be charged with an otlellse in the same complaint, but shall be entitlt'd to separate trials if they so eled, SEC. 2. Tlw trial of persons aceused of violating a city ordi- nance shall be conducted in the mannc'r providt'd by the laws of '.""~'<'i<'.M...''''\'''V'ii",,"~;:'!'t_~~'~~~~_1 REVISED ORDINANCES. 35 this State for the trial of persons before Justices of the Peace, for public 'offenses of which snch Justices have jurisdiction. SEC. 3. \Vhen the defandant is found guilt.y of the offense charged in t.he complaint, a time shall be fixed by the Court for rendering judgment against him, which shall not bed less tl~an six nor more t.han forty-eight hours, nnless the defen ant Walve his right t.o such t.ime; in whieh ease, or upon a p.lea of guilty, the judgment may be rendered immediately. All Judgmentsfor fines shall be for a fixed sum, to include costs; but there shall be no judgment for costs by that name. " SEC. 4. If the judgment bp for a fine, it may prOVide that~ 111 default of the payment of the fine, the defendant shall be Im- prisoned in the City Prison for a time not to exceed ,Ol:e da~ for each one dollar of the fine imposed; and each day s Impl'lSOn- ment shall be eounted for him as a payment of one dollar of said fine, and upon the payment of t.he balanee l~e sh~ll be ent~tled to his discharge; providecl, that nothing in thIS sectIOn contamed shall preyent the issuance of executi~n dnrin.g th~ time of his imprisonment, for the balance unpaid for such lmpl'lsonmentand the diseharo-e of the defendant. SEC, I), When the judgment is as in the last section provided, or for a fine only, the Justice may issue execution for the amount of the fllW and in the laUeI' case such execution may be issued at any tin~e in one year after judgnwnt. E~ecutions so issu~d shall be served as executions issued by a Justice of the Peace 111 ci vii cases. SEC. 6. All fines mentioned in this ordinance shall be paid in gold 01' silver coin of t.he -enited States.. .' I:3EC. 7. An ordinance bearing the same title as tIllS ordmance, and approved February 7th, A. D. 1872, is hereby repealed. . Passed this 30th day of March, A. D. 1876, by the followmg , vote: Ayes-Councilmen Cole, Gardner, ~Iorey, Riehl, Rea and -Steuben. Nays-None. Absent-None. Approved this 30th day of March, A. D. 1876. WlVI. N. FpRLONG, Mayor. A.ttest: F. G. DYEH, City Clerk, ..... 36 REVISED ORDINANCES. ORDINANCE NO 12 An Ordinance for the Prevention a~d' , fenses ao-ainst the P PUnIshment of Of- Safety of "'the People O;~che, C~tOOd O~der, Health and t ' e 1 y of GIlroy a d.p pro ectlOn of Property therein. ' n .Lor the The Ml\i'0r and Common Council of th' . SECTlON 1. It shall be unl f I f e CIty of GIlroy do ordain: or guilty of any dru'lkennas aw Ud ~r any person to be drunk, . . , s, or runken n" . conduct within the liml'ts f tl C' ,00SY or (lIsorderly o Ie Ity of G']' . peace and quiet of the CI'ty f 1 lOJ, whereby the . . , or 0 any ne'ghb h person therein is or may be d' t 'b d I. or ood, family or S IS UI e ,or pubhc decen . I EC. 2. It shall be unlawful f ' cy VlO ated. be asleep on any street all 'dOl' alny person, while drunk, to , ey, Sl ewa k or lot i 'd' any unoccupied house therel'n publ' . n sal CIty, or in , lC or prIvat . h sent of the proprietor or oth' , . e, WIt out the con- h el person havlllo- ch th wether the person so offendil . ,0 arge ereof, lying down or sitting. 19 IlJ any of the aforesaid cases be SEC. 3. It shall be unlawful for the k bar, ba,r-room or !laloon withl'n tl l' ~eper or proprietorof!my hIe ImltS of th 't t ere present, to permit any profane or e CI y, he being used, or any loud noises or bOl'St obscene language to be . ,erous conduct t b> d mltted by any otheI' I)erso 0 e ma e orcom- n or persons th ' . peace or quiet of the vicinitJ' of said bar el em, whereby the disturbed, or public decency or I.' .' bar-room or saloon is , mora lty IS or ma b' ffi SEC. 4. It shall be unlawful to k . yea ended. by which any person or persons to w~~: t:ny llldecent gestures, be offen~led, or to make any such gestures e same are made may lewd or llldecent language, noises or SOUl:dor to uS,e or make any good order or quiet of the city is distu b d s, whel~by the peace, outraged. l' e ,or publIc decency is SEC.. 5. It shall be unlawful for any person to . ~un, pIstol or other firearms wit\lin the limi dlsc~arge any m a duly licensed shooting'gallery. ts of the CIty. except SEC. 6. It shall be unlawful for a through or alon" any street I' 'In?" person to ride or drive o , a leY or llghwa . I . of the city in a furioufl m'lnll^" y Wit 11n the limits , , d or ,.t a 1" f six miles per hour, or in such l~an ' a.e 0 speed exceeding af any other person. ner as to endanger the safety Ssc. 7. It shall be unlawful for a tain any slaughter house' or ' I ny person to keep or ma-in- enc osure or other place for the ""~,' """.. ",;,,,_;;{,,,,,,,,,,,,,,,,~~'"~~.'..~U "JllliJl.,. '"'''1 REVISED ORDINANCES. 37 slll.ughter of cattle, sheep or hogs within the limits of the city, or to kill or slaughter any of the aforesaid animals therein, for the purpose of selling such animals so killed or slaughtered. SEC. 8. It shall be unlawful for any person to keep any hogs or pigs in a pen, building or enclosure withIn the limits of the city, so as to be offensive to the public or to any person or family residing in the neighborhood thereof. SEC. 9. It shall be unlawful for any person to clothe himself or herself in the wearing apparel or attire of the other sex, and appear therein on any street or in any other public place within the city limits, except such person be an actor or actress, at the time performing in his or her profession, at a place of public amusemnet licensed by law. SEC. 10. It shall be unlawful for any person to dig, disturb or . carry away any soil from any street, alley or public grounds of th~ city, or to obstruct or eause to be obstructed any street or alley, or any part thereof, or to place or cause to be placed therein "any obstruction that will interfere with the free passage of any p,art thereof; prOVided, however, that any person engaged in the erection or repair of a building, or in improving any lot, may use one half of the street in front of said building or lot for the 'de- po.sit of the materials to be used therein, during the progress of the work. , SEC. 11. It shall be unlawful for any persoll to place or de- ;'posit, or cause to be placed or deposited, in allY street, alley, :squ;;l,re or lot within the limits of the city, any dead animals, ,filth, rubbish, dirt or other otlimsive matter; and any person vio- }ating the provisions of this section, or ~ithr of them, shall be 'Hable to pay the cost of removing said matter deposited, which hall be included in any judgment against such person for the .,said otlimse. , SEC. 12. It shall be unlawful for any person, being the owner : l' other person in possession of any horse, mule, ass, cow, or ,nimal of the cow kind, colt, calf, sheep or hog, to permit the me to be at large in any street, a.lley or public grounds or lot t enclosed, within the corporate limits of the City of Gilroy, 0.1 turn loose or hitch, tie or in any other manner confine any of ld animals in any such street alley or public grounds for the ose of grazing. EC. 13. It shall be unlawful for any person to place any box, ..... 38 REVISED ORDINANCES. bale, lumber or other thing u )on an " . reason of whO -I ' . 1 y sIdewalk In the city by lC 1 any porttOn of such sid .. II . ' vided that merchants tradesl d e\\a, IS obstructed; pro- , ' nen an persons' , d' . Il1g, forwarding or expressing "0 d 'd ellgdge In recelv- use a portion of the sidewalk fb ,OJ s a I: . . other commodi ties may 01 c eposltlllo- the sa t ceed four hours ill allY one day, 10 me, no to ex- SEC. 14. It shall be unlawful for th I ' I e owner or all" lavlllg t le possession or custod f' 'J person y 0 any horse or oth ' any wagon or other vehicle .' er al1lmal, or , or any alllmal harl' j wise attached t' lessec to or other- o allY wagon or vehicle t ' same to stand upon ()I' oc ., 0 permIt the 'cuPy an 'd crossing or to p 't ,. Y SI ewalk or street , erllll any horse or other animal har' ~-, attached to any wagon or vehicle 'd' nessed to or . ,sat person bein tl . SlOn of the same, to stand in any street withi ,g ~en III posses- curely hitched or tied, n the CIty unless se- SEC, 15, It shall be unlawful for an ' ' , lead any horse, mule ass or shee ' YI~erson to l'Ide, dl'lve or , ' ,.. p, or nne or swin ' Sidewalk Within the limits of the 't e ul,on any , Cty, or having COI t' 1 f ",uch anllnal, to permit the same to a"',. I 10 0 any sidewalk. p ss oveI or upon any Stich SEC, 16. It. shall be unlawful for '\1 ' - ,1)' person toil"! 't fl' . or explode, or cause to be exploded Ol't j' 10 lLe,. Ie off ,0 ( lrect or advis son under the age of fourteen years t(l I' 'f .' "e any per- . ' glll e TII e off' 0' " I j any fire cracker or squib within thc~ C' ..' ,. 1 (XP o( e of Gilroy. . OJ pOl ate Illl11ts of the City SEC. 17. It i:lhall be unlawful for an" I " . J e 19111eer, fireman br 'k man, conductor or other person havilw t" ,ea - , " 10 any I mn of railroad c' ' or any part 01' sectIOn of any such t.rain or ' ' , al s, t. ' " ,any ralilOad locomo Ive or engllle under his charge control d' . - . ",' or IrectlOn,.in whole In part, to rLln such trUln section locom t' . ' or , , 0 Ive or en"lne 0 ". the same to be run over anv railroad ~'I'th' th 10 , I' call:;e J n III e eorporat. l' .t of the City of Gilroy, south of a poiu" 200 ft' e Iml s 10 ee, north of I . street, or north of a point 1200 feet south of Old G' ,eWlS a speed exceeding live miles per [IOUI'. ,Ilroy street at SEC. 18. It shall be unlawful for allY , elWllleer fire . ductal' or other persall havilw any rail 1'0' ad lot ' ' , man (on- d ' 10 J', rain en"lne or car' un 1'1' hIS charge, direction or control t .' ", " , 0 cause or pcrmlt th. ' to obstruct any public street ill the CI't" ['-"1 (Sanle . . J 0 uI roy by' l' ." statlOnaryon any railroad track I'll th 't ,. emallllng e CI y at any poi t . h any such railroad traek is intersected b.. ' . ~ were y any such publIc street. . ....... ."""'~=4~-"""",.....",,~__~..'lL,1;.,,.,.., ~ l REVISED ORDINANCES. 39 SEC. In, It shall be uhla~-ful for any engineer, conductor, or other person having charge or control of any railraod train, car, cars 01' section of any stich rrain, to cause or permit such train or allY car, cars or scc.tion of such train to be run within the city limits north of Old Gilroy street, while such train, car, cars or section is detached froIIl the engine by which it is moved. SEC, 20, It shall be unlawful for any person to I,eep or main- tain any dance house, saloon or other place within the corporate limits of t.he city, where spirituous, vinous or malt liquors are sold to be drunk on the premises, in which females dance for amusement, for hire or for the entertainment of persons attend- ing or patronizing such place, or to keep or maintain any of the said pisces in whieh felllales serve the customers of such place as waiters or bartender. SEC. 21. It shoji be unlawful for any person to stack or de- posit any hay or straw within the corporate limits of the city, except in some house or other covered building enclosed on all sides. SEC. 22. It shall be unlawful for any person to bury the bony of a deceased person within the ti mits of the cit.y, except in the Catholic cemetery, noW used, near the Catholic ehurch. It shall be the duty of the Marshal to re1ll0VC any bodiss so buried, at the cost of t.he person burying the same, and the amount t.hereof shall be inelLlded in any judgment against the person found guilty of a violation of any provision of this sect.ion. SEC. 23. Any person who shall be guilty of a violation of any provision of t.his ordinance, shall, upon conviction thereof in a court of competent jnrisdiction, be punished by a fine not ex- ceeding one hundred dollars, or by imprisonment in the City Prison not. exceeding thirty days, or by bot.h such fine and im- prisonment.. Passed this 30th day of March, A. D, 1876, by the following vote: Ayes-CoLlucilmen Cole, Gardner, Morey, Rea, Reihl and Steuben. Nays--None. Absent-None. Approved this 30th day of March, A. D. 1876. W?!/!. N. FURLONG, Mayor. City Clerk. .. 40 REVISED ORDINANCES, ORDINANCE NO. 13, An Ordinance establishing a Cit for the Impounding and D' y ~?und, an~ providing running at large in the . 'tlSPOSltI~n of Alllmals found .....1 y of GIlroy. The Mayor and Common Council of the C' " 1:3 ECTlON. 1. The lot of land .'t t Ity of GlIroy do ordain: t Sl ua e on the north " 1 ' s reet between Church al d 1~ SJ( e of Fourth I :.osanna street ' tl' , used as a City Pound PI' such otl 1 s, In llS City, and now , lerp ace with' tl ' may hereafter be designated by the Ma . 111 , Ie cIty limits as shall be the City Pound of tll C"t f yo,[ and Common Council, e I y 0 Gllroy SEC. 2. It shall be the duty of the Mars . . of all policemen to take UI)' I ' hal, IllS deputie:" and , any lUrse mul ' of the cow kind, sheep O'o"t ' ' e, ass, cow, or animal , , ' b ~ or sWine found' ' Wltlun the corporate limits of the C'it ' ' I unmng- at large City Pound. ' y, and llnpound them in the SEC. 3. \Vithin twelve hours after im ' mals, the Marshal shall po~t [1 t' " pouddlllg a,ny such alli- , c 0 Ices In three pub!' I, " the, CIty, one of which sh"ll b t I lC paces wlthln , ,. eat le Post Oft' therelll such animals o'iving,th . I ' Ice, describi[w , b e mar,;s and br' d ' b have, when and where impounl 'I 1 ' an s, If any they d ( e( , t Ie tlln\> and I, ' an that the same wiiI b" ' 1 J. " ,P <lce of sale " so Cl at pulJltc outcr ,t," ' place, unless sooner redeemed b' tl ya "cud tIme and I " l' ' Y Ie owner or otl ' laVl1Jg t Ie nght to the possession of the sam .' le,I person notice the Marshal ~hall sell '1' e. After five days' c. SUC 1 anunal" , t b' highest bidder for gold or sil v "1' " '1 "a pu l1c outcry to the e COllI 111 law' 'rl ' sale shall be between II o'clocl- ". Ie tune of such , A. lVL and 3 o'clock place some public place within the city P. l\L, and the SEC. 4. 'l'he owners or other persons'el t'tl f ' ' . lIed to the . ' o any arllmal sold as aforesaid I " 1 possess)on I ' naJ relleem the sa b' sa e thereof, upon l)aVment to tll ~l 1 me etore the . J e 1\ aI's ml of 1 ' , f up and keeping said animals, or at an ,liS ee~ for taking months after the :S'lle UI)(ll ' Y tllne WIthin three , ,,1 payment to the '." ' amount of the purchase nlOll" , d plllchaseI of the ey, all ten per c t Jd together with the necessal'V eXI f en ,a( ed thereto k . 'J leuses 0 th ' eeplllg the same. ' e purchaser added for i::lEC. 5. 'l'be Marshal shall retal'Il I ' , f' f h llS ees and, I o t e proceeds or such saie if' pclY t le balance , ' any, to the person, 'I upon :satISfactory evidence 0 f', 1 ' cntlt ed thereto suc 1 l'l"ht. 'f ' such balance to the ('I ty fl'ea".' " ~ ' 1 no!, he shall pay lluplic"">, t' " "urel,taKln"hisl'e' , t I "otS, Olle 0 willen shall b-' ," ,0 celp t lC'refor in e .Ilell WIth the City C'l ,]', el" Hnd _",_,_"""='~~,e~''''''''__-~~'\,.~~~~ ~LL_= REVISED ORDINANCES. 41 the person entitled to such balance may, within three months thereafter, obtain an order from the Mayor and Common Council therefor. If not applied for within that time, it shall become a part of the General Fund of the city. SEC. 6. The .Marshal shall, at his own expense, provide suita- ble provender for all animals impounded by him, his deputies or any policeman. SEC. 7. The Marshal shall keep a book in which he shall reg- ister the description, including marks and brands, of all animals impounded in the City' Pound, those that are re- deemed, with the amounts received by him on redemption, those sold by him and to whom sold, the amounts received by him and how disbursed. He shall furnish the Mayor and Common Coun- cil with a report thereof once in every three months. SEC. 8, An ordinance entitled "An Ordinance to prevent An- imals from running at large," approved February 7th, 1872, is hereby repealed. Passed this 30th day of March, A. D. 1876, by the following vote: Ayes-Councilmen Cole, Gardner, Morey, Riehl, Rea and Steuben. N ays- None. Abspnt--.None. Approved this 30th day of March, A. D. 1876. WlVI. N. FURLONG, Mayor. Attest: F, G. DYEH, City Cleric ORDIN ANCE NO. 14. An Ordinance concerning Stl'eets, Sidewalks and Crosses in the City of Gilroy. The Mayor and Common Council of the City of Gilroy do ordain: SECTION 1. The sidewalk on Monterey strcet, and all ;;treets of the city cast thereof and parallel therewith, shall be of the width of fourteen fect j all all streets west thereof and parallel therewith twelve feet; except on Eiglebel'ry street, where they shall be ten feet wide, On all streets running at right angles to Monterey street, the width of the sidewalk shall be as follows: On streets of 100 feet wide or over, 20 feet in width; on streets 80 feet wide alld less than 100 feet wide, 14 feet in width; on streets 66 feet wide and less than 8lt feet wide, 12 feet in width; and on .... 42 aEVISED ORDINANCl!;S, s~reets less than 66 feet wide 10 feet i " sidewalks on each side of .' I' n, \\ Idth, The width of all tl r. ,S,ll\ streets shall b ,]e Ine of the street toward tl" ',' , e measured from kEC. 2. It sh'1I1 b tl I S ](' middle of the saUlC . '.' e, Ie ( utv of all . ~ " " east aud west line-' of 1\1 . . pel sons OWlllllg land on the "" "onterey street b t Deventh streets to ha' 'I ': ,e ween Seeolld and , \e ,UH. matnta' t I' ex, pense, a sidewal k of tI 'd In a liS,' her or their 'f "l() WI th of fc \ t . UIll 01'111 grade, cOllformillO' t( tl 111,' een feet, npon a f,' b ) le O'rade of tl ' , J ont ot the st.ore of r I . b le plank s]dewall~ I'n " ,oeWl & Co n I' ' ~ Monterey and Fifth streets '1'1' ., ow aid, at the COl'1lcr of sid f' '.J . Ie occupants of ' e . 0 salv st.reet shall Ii: eel) tI 0 d .. . ' prem,]ses on either d ' Ie lams alol}lY tl ' I an III good relJair alld ' " '" Ie Sl( ewalks cleaIl , " on i:'atUl'day f I all rubbish and debris th r f' 0 eac 1 week shall remove A . e e rom and pile tl ' ny person failino' to co III III ' 'I Ie sllme tor eartinO'. ,1 b YWltlanvpl'<"" b. nance, s mil, upon convicti tl ',J l\ lSlOn of this ordi- , ,on lCreof be tiI d ' eeedll1g one hundred dollars ' Ie m a sUm not ex- SEC, 3. rfhe City Marsha'l sl 'll b " and have a gener'll super ," laf, e ex OffiCIO Street Inspector " \ ]SlOn 0 the tho' If' alleys of the cit". He sll'll f' " ' lOug ] ares, streets and ',' J ,] en orce all 'r, tlOns ot the Mayor 'llld C Ol( In,]nCes and reO'ula- " OmlllOll Council ' b shall superintend all w 'I' ' ]j] regard t.hereto' and Ol~, IllllH'ovenler t ' streets, sidewalks and sewers and' tl " . 'l ,s or repairs on the and see that the same sh'dl b ,0 leI publIC grounds of the city S' 4 .' , . e plOmptly done . , EC, . An ordmance entitled" A 0 r . tiOl,l of the, l:3ewers Sidew' ll~" d ',' n 1'( ] Ill,Lllce for the .reO'ula- , .t ~~ an 8treets of tl C' b approved February 7th 11:\72 i' I " .' Ie Ity of Gilroy," Passed this 30th day of ;vi, ~ I~eleby Iepealed. vote: ' aIC.!, A. D, 11:\76, by the foilowin!!' Ayes---CouncilllleJl (' I v ~o e, Gardner, 1\1" Steuben. u.orey, Riehl, Rea and Nays---None, Absent-None, Approved thi" 30fh day of MarcIl A D 1 ~ , " . 8/6, Attest: F. G. J)YIm,;..City ClelfM. N. FUHLONG, Mayor. , ORDINANCE NO. 15. An Ocl1nance concernino' ~ Cit the office of City 8e;-;'0'" " Y,Cemetery and establishing . n, U.na prcscr'b; I' , The :Mayor and COllllllOll C' 'I ' .., ,~ng lIS DutIes. , ,OUIlCI of the C't f G' SEC'l'ION. 1. The tract of 1, d' I yo tlrey do ordain: un conveyed to the City of Gilroy ---._...----~~~--'----"'"~~~ REVISED 'ORDINANCES. 43 by George E. Bennett, on the 17th day of March, A. D. 1870, is hereby declared to be the City Cemetery of this city, and the office of City Sexton is hereby established. SEC. 2. The Mayor and Common Council shall at their first regular meeting in .Tune of each year, elect a City Sexton for the ensuing year. The Sexton so elected shall hold his office for the term of one year beginning on the next Monday after his elec- tion, and until his successor is elected and qualified; subject, however, to removal by the Mayor and Common Council in case of his neglect or failure to perform any of the duties required by this ordinance. Before entering upon the discharge of his duties he shall take the oath of office, and file with the City Clerk his bond of $250, with sureties to be approved by the Mayor, con- ditioned for the faithful discharge of his duties, and the pay- ment of all moneys coming int.o his hands to the persons entitled to receive them. SEC. 3, It shall be the duty of the City Sexton to take pos- session of the City Cemetery and control the same; to superin- tend the beautifying its grounds and the preservation of the fences, gmves, tombstones and other property therein contain.ed, and the making of such alterations and improvements thereon as the Mayor and Common Council may direct. He shall grant permits for burial in such cemetery npon receipt of the price of the lot or block "elected by the applicant for the permit, and of his fees for the services he is required to perform. He shall dig, or cause to be dug, all graves for the recevtioll of deceased persons in said cemetery, and fill the same after the interment of the body therein, and assist, when neeessary, in the burial. , SEC. 4, The City Sexton shall ascertain, as near as possible, from the party applying for a permit, or from a physician or other person attending the decea"ed in his or her last bickness, the name, nativity, seX, age, and the time, place and cause of the death of t.he deceased, and shall keep a record of such facts in a book kept for that purpose, to be delivered tohis Sllccessor at the e~piration of his ter111; which said bool, shall be open to inspec- tIOn by the public. SEC, 5. 'fhe City Sexton shall not allow any burial to take place in said cemetery, L1nless upon application to him and upon his written permit, except the deceased is a pauper. The permit shall state the taet of tlIC applicat.ion being made, a description, ~ .& i\o 44 REVISED ORDIN.ANCES. by number, of the lot or block Aelected, the date of the applica- tion, and the fact that the price of the lot or biock selected has been paid. Upon presentation of the permit to the Mayor and Common Council, they shall execute a deed for said lot or block to the person named by the applicant. SEC. 6. 'fhe City Sexton shall, within five days after receiving the price of such lot or block, pay the same to the City 'freasurer, taking his receipt therefor in duplicates, one of which he shall file with the City Clerk. He shall make quarterly reports to the Mayor and Common Council of all permits granted, and the moneys received therefor and from whom received. SEC. 7. A portion of the City Cemetery, to be designated by the Mayor and City Sexton, shall be set apart and kept for the burial of indigent persons, and shall be known as the" Potters' Field." When it shall appear to the satisfaction of the City Sexton, upon the oath of any credible person, that a pauper has died within the city limit~, and has left no propertJ' chargeable with his funeral expenses, it shall be his duty to bury the re- mains in the Potters' Field, and his services in so doing shall be a charge against the city. He shall keep a similar record of ',buriaI of all such persons, as of others, and include the same in ,his quarterly report. SEC. 8. An ordinance eutitled "An Ordinance concerning the City Cemetery, and creating the office of City Sexton, and pre- scribing his duLies," approved FebruarJ' 7th, A. D. 1872, is hereby repealed. .SEC. 9. 'fhis ordinance shall take effect and be in forCe on and from and after June 1st, A. D. 1876. Passed this 30th day of March, A. D. 1&76, by the following vote: Ayes-Councilmen Cole, Gardner, l\Iorey, Rea, Reihl and Steuben. . Nays-None. Absent-None. Approved this 30th Attest: F. day of March, A. D. 1876. WM. N. FURLONG, G. DVElt,Cit-y Clerk. Mayor. '~"A~.,......"".-..._.........;~i;'i-*,"'~__;;W,,,;;-,,\""J:IiiiJ;"'''''"'~ REVISED ORDINANCES. .'45. ORDINANCE NO. 16. of the City of An ordinance repealing cl!r~ain Ordinances , GIlroy, mon Council of the City of Gilroy do orda~n: The Mayor and Com . t.tled "An Ordinance to pUlllsh IAn ordlllance en I . " SECTION . and SUSpiCIOUS Persons, b d and dangerous Vagrants, Vaga on s d' nce entitled "An Ordinance approved February 7, 1872; an or Ina d Squibs within the limits ., h of Fire Crackers an . to prolublt t e use .1 J 24th 1872' an ordlllance . f G'lroy "approveu une , . l' .. of the CIty 0 I , t the staeking of Hay Wit un . , "A 0 dinance to preven I 2d entitled n l' C.t of Gilroy" approved Ju y , , t limits of the 1 y " D' ,the corpora e. . ed "An Ordinance coneerning ogs III 1,872' an ordll1ance entltl . b 17th 1872' an ordinanee , '1" pproved Octo er " , the City. of Gl roy, a 1 t tIle Speed of and to prevent o d' ance to reO'u a e . , , ntit1ed "AI~ r 111 b Railroad Trains, and to prevent the e obstructIOn of streets YL tive" approved August 5th, f C from the ocomo ., -oving 0 ars . I d "An Ordinance prohibiting Dance 3j an ordinance enut e f F males in Saloons," approved uses and the employment. 0 e tl'tled "An Ordinance for 4 d an ordlllance en, . uary 2d, Hl7 ,an , . I t' of certain offenses agalllst the t' and Punls lmen " ' Preven IOn ealth of the City," approved February ce, Good Order and.~ t or supplements thereto are hereby , 1872, and all amen men s aled. D. 1876, by the following assed this 30th day of March, A. d Morey, Riehl, Rea and Cole, Gar ner, . yes-Councilmen tibeD. ays-None, bsent-None. [ I A D 1876 , ~oved this 30th day of 1\ arWM. N.'FURLONG, Mayor. test:, F. G. DYER., City Clerk. ORDINAi"Ci :NO. 31. . ., . , ' the purchase of the FIre $led an ordinance authorlz~n:ersonal' :Property apper- ine and Apparatus an , ers thereof, constituting ing thereto from ~he o~n Association," and pro- " Gilroy :ProtectIve Fire, " t'n payment f B ds and Warran s 1 @; issuance 0 on . Of~nd Common Council of the City of Gilroy doorda.in: - ... ... 46 JlEVISED ORDINANCES. SECTION 1. The City Clerk shall issue for I . the manner hereinafter designated' Bonus oft le pu~pose, al~d In to the amount of Two Thous d' d . the City of Gilroy Ninety-two Cents payable in a~ld an. SIxty-two Dollars and America, each bo~d to be aYa~ . com of the.United States of first installment to be paY~bie one t~ tfi'wO edqualmstallments, the 18~6 'd erst ay of January A D I , an the second on the first da of J ' . . without interc8t. y anuary, A. D. 1877, , SEC. 2. The bonds shall be of the following form t 't No. (Letter) G'l ' " ' ,0 WI : Th C't f n'l ,1 lOy, California, January first 1875 e 1 you-I roy promIses to pay t th b ,. the CI'ty T' " 0 e earer, at the office of reasurer, the sum of ' Gold Coin of the United S"t t ~ollars and cents in a es of Amel'lca, as follows viz' Dollars and " first day of Januar AD' ctnts UpOIl the of January A D r~~7' :tI1876, ~nd the balance on the first day (S" d)' . . 01, WI lout Interest qm ' City Glerk. E h b d Mayor. ac on shall have the amom t th f face in red ink, and shall be si"ne~ b ;;eo endorsed across its sigued by the City Clerk; and I~ Shalf bel;h:~~~r and couute~'- cel'S to sig-n the same. y of those oli- SEC. 3. .Each denomination of bonds I I . which shall bH designated by a letter of t~ la, 11 clonstltute a ser!es after p~'ovlded, and the several bonds of ea~~l :~'i::b~t, ~s b herem- bered from one upwards, consecutivel . s Ja e num- I:3EC. 4. The amouuts and denomi~ations of ' be as follows, to wit: Bonds cOLditioned for the S~l~h bonds s,ball six doilars and sixLj-six cents eac'll c 't' , P'IJ m~nt 01 sixty b ' ' ons lLutlllg serles:\ 'h il e ,ISSUed to the amount of fifteen hundred d . , ., s a I d ' an lllnety-nine d 1 aI'S an eighty-foul' cents' bond' . d't" 0 - . ' " con, 1 IOned for the p' ' tlurty-three dollars and thiJ't~' tl aJ ment of , J - Iree cents each . '1' , sene!:! B, shail be Issued to the amour t f' ' cons ltutlllg ",iX dollars amI sixty-four cents' b 110 t\\ ~ hundred and sixty , Oll( s condItioned for tl ment of sixteen dollars and sixty SI'X Ie pay- , ,- cents l'ach const't t' serIes C, shall be issued to the a ' . , 1 U mg mount of one hLlndrd d nine doilars aud ninety-four cent" b ,e an forty D s, one ond constltLlti ' , !:!hall be issued for the SUIlI of' f' t ' ng sel'les , or y-slx dolla' d fi ' SEC. 5. The City Clerk shall on and . ' 1'" an . fty c,ents. January A. D 11:\- _ " ' ' after the fust day of , ., D, Issue bonds on demand to each of the (Signed) \.;- - ",,-, ..j",":',".",",""~'~;""..,.._,...,..J ..r~:.,J,I\,+",..,.,....".._ , ''''''''''''''='_~'''''' REVISED ORDINANCES. 47 owners, severally, of the Fire Engine, apparatus and property ap- pertaining thereto, of the Gilroy Protective Fire Association, upon such owner first executing a bill of sale, approved by the City Attorney, conveying the entire interest therein, of such owner, to the City of Gilroy, and surrendering his certificate of '" >$tock, or ownership in said association, duly endorsed; provided, ,that upon satisfactory proof being made of the loss or de;;truc- " " tion of such certificate, the City Clerk shall require an indemnity . . bond in favor of the City of Gilroy in double the amount paid "ion such cert.ifi.cate, with two good and sufficient sureties, approved ',{by the City Cieri, in lieu thereof; the bond so issut'd by the City '{,Clerk to be iu amount equal to two-thirds of the sum paid up on is certificate of stock or ownership by such ownel', as shown by e books of said association, and the City Clerk shall at the me time issue to such owner a warrant upon the City 'frea,mrer able out of the General Fund for a sum equal to one-half the ount of such bond; and he shall l,eep a record of such bond ued by him, stating therein the series, number and amount erE-of; and at any time upon.demand furnish to the City 'freas- reI' a transcript thereof. SEC. 6. A Hedemption Fund is hereby created, and the City reasurer shall pay all money received by him from the City Tax llector for taxes for the year A. D. 1875, into said fund exclu- vely, until the sum of one thousand and thirty-one dollars and rty-six cents has been paid therein; and he shall pay all money eived by him from the City 'l'ttX Collector for taxes collected the year A. D. 11:\76, into said fund exclusively, until a like has been paid therein. No warrant shall be drawn upon fund, nor >>hall any money be paid out of the same, except hereinafter expressly provided; bLlt the same shall be applied solely to the payment of the bonds issued by authority of this ordinance. SEC. 7. The The City Tl'e,~surer shall, on and after the first day of January, A. D. 1876, pay the amount of the first install- ment due, out of the Redemption Fund, upon each bond, to the holder thereof, when presented to him, taking a receipt therefor, which must set forth the amount paid, the series, number and amount of each bond and date of payment, and shall at the same time endorse UDon the b:1Ck of such bond the date of payment and the words ,i First in!'tallment Paid," with his official signa- ture appended; and on and after the 1i.rst day of January, A. D. 1877. he shall payout of the Redemption FLlnd the full amount unpaid upon each bond whell presented, requiring the holder to first endor;;e hi>; name and date of payment on the back thereof, and then to snrrender the same; and ,-,-pon such surrender he shall endorse upon the face thereof in large letters, the word "Sur- rendered.' , SEC. 8. The City Treasurer, shall, at the regular meeting of the Common Council in the month of April A. D. 1876, and at the Ii.rst meeting in e\'ery subsequent qLlarter, fumish to the " / 48 REVISED ORDINANCES, 'l Common Council a dctailed quarterly report, which'sJ;' forth the balance on hand in the H.edemption Fund OIl tl day of the lll1lJl'ter I)]'l'eeding sueh lUeetiI\g, the amoullt I during such quarter, tlw amount ]laid Olit, the series; n and denomination of each billld on :H?eOunt of whieh $lln,' paid, and amount paid thl'rc()n, and balance on hand,' 2 panied with his vouchers, and in ease of the snrrender bond, the bond surrendered, which shall, when approv~ filed with the City ClerIc ' , Passed this 7th day of December, A. D. 1874, by the foll~ vote: Ayes---CoLlncilmen Gardner, Morey, Richl, Hello Steuben. ~ays---Xone, Absenf.-Councilman A. G. Cole, Approved this 8th day of December, A. D. 1874. W~I. K FlJHLOXG, .l\[uy Attest: F. G. ])YEH, City Clerk. ORDIN ANCB NO. :3~~. Entitled an Ordinanco creating a Hand Fund, and : scriblllg' the use .of the Same. The l\faY'lr and Common Council of the City of Gilroy do on! SECTIOX 1. A Hoad Fund is hereby cn~ated, WillTants on : fund may ue drawn in paymeut for improvmnents on the pu streets and alleys within the corporate limits of the city, and no other purposes. SEC. 2. Tile City Treasurer shall ]lay all money reee!\'ed him from the COLlnty of E-ianta Clam under and t.y virtue of, provisions contained in Sedion ils of an Act entitlt'd an :\etc', cerning roads ami highw,.ys in the County of ~anta Ubm, ' proved :\larch 18th, 1S74, dl:ltutes of Cal ifoJ'l) ia, 187;)-4, into Sl ful1'(,. Passed this 7th day of Decembej', .-1, D. 1ii74, by the foliowi vote: Ayes-Councilme'll Gardller, ~\lorc'y, Biehl Hea, a Steuben, Nay,;-'-l\one, :\bsent-~Coullellllla]) A, (I, Cole, Approvt'd this 7th day of Decembcr, .\, l), lii'i.!' \\~l. N, FUHLONG, Mayor, Attest: F. G. ])VEH, City Clerk. ORDIl:~ANC]2; NO, ,l3, An Ordinanco to li'lX the Amcunt 01' U,u Of11.oia1 ,Bcnc1g ( City 'rreasul'e:c, CIty lYlarshal and City c.,Cl'k. 'rhe Mayor and Coftlmonl'ouncil or tlle City of Gi I roy do ordn iJ bECTIOX 1. TlIe UlllOUlll of' thc o/1icial bOllcl~ of the Cit; 'freusurer, City Murshal, and City Clerk, is hereby llxed as 1'01 lows, to wit: The bond of the City Treasurer, S7,OOO; the bonc tlf the City l\larsllal, Sii,O()Oj the bond of the City Clerk, $5,000 Pas'ied this iitb day of ~lay, :\. 1), Je7H, by the following vote Ayes-Collncillllcn Morey, Gardner, Hi,,!:], Hea alld Steuben, Nays-'t\one, Abspnl -- ;\, (;, Co!e, Approved this i:lth day of .:'Ilay, .-\, i), lb7(;, W~l. 1\, FCHLOXG, ~.fayor. Attest: F, G. VVEH, City Clerk.