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Ordinance 159
ORDINANCE N0 1 Municipal Code of the City of Gilroy. The -Mayor and Common Council of the City of Gilroy do ordain as follov)s: SECTION 1. This Ordinance shall be known as the Municipal Code of the City of Gilroy, and is divided into four parts, as follows: PART I. GOVERNMENT OF THE CITY. PART 2. DEPARTMENTS OF GOVERNMENT. PART 3. - REVENUE AND TAXATION. PART 4. MISDEMEANORS. PRELIMINARY PROVISIONS. Sec. 2. Construction. ,hm-(-k, -.t3 F, 01" 2.1 � The rule of the Common Law, that statutes In derogation' thereof are to be strictly construed, has no application to this Code. The Code establishes the law of.this city respecting the 'subjects to which it relates; and its provisions, and all provis- ions, "and' all- provisions under it, are to be liberally construed, with a view`to effect its object and to promote justice. Sec. 3. Provisions similar to existing laos, hov) construed. ,.__--The provisions of this Ordinance, so far as they are the same as existing Ordinances, must be construed as continuation there - of, and not as a new Ordinance. No part hereof is retroactive, `unless expressly so declared. Sec. 4. Words and phrases. Words and phrases are construed according to the context and approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding sections, are to be construed according to such peculiar and appropriate mean- ing or definition. Sec, 5. hlov) certain terms are to be defined. Words used in this Code are to be given the same definition as is given them by the laws of the State of California, except where such definitions will be in conflict with the provision of the Charter of this city or some Ordinance thereof. Sec. 6. Effect of repeal No Ordinance is continued in force because `•it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all Ordinances heretofore in force in this city, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are re- pealed or abrogated. This repeal, or abrogation, does not revive any former Ordinance heretofore repealed, nor does it affect any rights already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private Ordinance not expressly repealed Any act or omission commenced prior to the time of this Code taking effect, may be inquired of, prosecuted, and punished in the same manner as if this Code had not been passed. All property taxes heretofore assessed, levied and equalized under, or by virtue of any prior Ordinance, shall not ; be deemed to be in any wise affected, but that all such taxes shall be collected in accordance with such prior Ordinances; which are expressly declared to remain' in force for that purpose. Sec. 7. HoW cited. This Ordinance whenever cited, enumerated, referred to, or amended, may be designated simply as "The Municipal Code of the ,City of Gilroy, " - added thereto, - Whenever necessary, the number of the Section hereof. PART 1. GOVERNMENT OF THE CITY. CHAPTER I.— LEGISLATIVE OFFICERS. CHAPTER II.— HXRCUTIVE OFFICERS. CHAPTER III. — QUALIFICATIONS, SALARY AND FEES OF OFFICERS., CHAPTER IV. —OF ELECTIONS. CHAPTER I. LEGISLATIVE OFFICERS. ARTICLE I. CLASSIFICATION OF PUBLIC OFFICERS. Sec. 10. HoW classified. The Public Officers of this city are classified as follows: 1st, Legislative; 2nd, Executive; but this classfication is not to be construed as defining the regular powers of either class. ARTICLE II. LEGISLATIVE OFFICERS. Sec. 12. Who are Legislative Officers. The Legislative Officers shall consist of Six Councilmen. ARTICLE III. MEETINGS OF THE COMMON COUNCIL. Sec. 14. When and Ohere held. The Common Council shall hold regular meetings on the first Monday in each month, at the City Hall, and the hour of meeting shall be 8:00 o'clock P. M., unless said hour be changed by a resolution by said Council. Sec. 15. When meetings fall on a holiday. When any regular meeting falls upon a day declared by law, or by proclamation of the President of the United States, or the Governor of the State of California, to be a legal holiday, or upon a day in which a municipal election is held in the City of Gilroy, such regular meeting shall be held on the next business day. Sec. 16• Time and place for holding special meetings. Special meetings shall be held at . the times and places which shall be designated in the Mayor's proclamation calling such meeting. Sec. 17. Penalty for absence. If any Councilman shall be absent from any meeting of the Council, his attendance may be compelled by arrest by the City Marshal or any policeman of the city, on the order of the Council, or, in the absence of a quorum, on the order of the Mayor; and his absence shall be deemed a contempt, for which the Council may fine the absentee not exceeding $5.00 for each. absence Sec. IS. Ayes and naves. The Council shall keep a Journal of their proceedings, in which shall be entered the Ayes and Nayes taken on every question acted upon by them, and their proceedings shall be public.. Members refusing to vote, or remaining silent and not voting after being requested so to do by the Mayor, shall be deemed in contempt of the Council, for which it may fine the delinquent not exceeding $5.00 for each such refusal, provided, the Council by a majority vote of the members present may excuse a member for not voting. Sec. 19. Povoer to fill vacancies. The-Council shall fill by appointment all vacancies occurring in any office not otherwise provided for by the charter. ARTICLE IV. CLAIMS AND DEMANDS AGAINST THE CITY. Sec. 22. Form of claims. J '-;i ? �a The Common Council must not hear or consider any claim in favor of any person against the city, nor shall the Council credit or allow any bill against the city funds, unless the same be itemized, giving, names, dates, actual services: rendered, character of process served, upon whom, distance traveled, where and when, character of work done, number of days engaged, materials furnished, to whom, and quantity, and prices paid therefor, and duly verified as to its correctness, and that the amount claimed is justly due, is presented and filed with the City Clerk within two years after the last item of the account or claim accrued. If in any case the Council do not hear, or con - sider the same because it is not itemized, they shall cause notice to be given to the claimant, or his attorney, of that fact, and give time to have the same itemized and re- verified. vee. 23. Hmy) acted upon. When the Council find that any claim presented is not pay - nble by the city, or is not a proper city charge, or is barred by thu Statute of Limitations, it must be rejected; if they find it to be a proper city charge, but greater in amount than is justly due, the Council may allow the claim in part, and order the portion allowed paid, on claimant filing a receipt in full of his account. if the claimant is unwilling to receive such an amount in full payment., the claim may again be considered at the re- quest of the claimant within two months thereafter, but not aft env ands. Sec. 24. Certificate of officers. All claims created by the order or direction of any officer of this city, must be certified by such officer as having been ordered by him before the same is acted on by the Council. Sec. 25. Warrants. Whenever any claims are allowed by the Council warrants for the payment of the same shall be drawn upon the Treasurer. Said warrants shall be numbered, and shall state the name of the person to whom payable, the amount to be paid, the charac- ter of the indebtedness or services for which it is drawn, and the fund from which it shall be paid. Said warrants shall be signed by the Mayor, countersigned by the City Clerk, bear date upon the day they are drawn, and shall be payable to the person there- in named, or order. Sec. 26• Funds to be designated. The Mayor and Common Council shall, by resolution spread upon their minutes, create and name as many funds in the Treas- ury as they may deem proper, and designate the funds into which the moneys of the city shall be placed, and the uses to which such funds shall be applied. f �.j;ARTICLE V. COMMITTEES. Sec. 28• Standing committees. r There shall be the following Standing Committees, each to consist of three Councilmen: 1. Ways and Means. 2. Finance. 3. Public Buildings and Grounds. 4. Police. 5. Streets, Highways and Bridges. 6. Fire Department. 7. Water Works. S. Ordinances. Sec. 29• Special committees. Special Committees may be appointed by the Mayor to take charge of any subject brought before the Council. Sec. 30. When committees shall report. Every Committee shall report to the Council on the matters referred to such Committee, on or before the next regular meet- ing after the same has been duly referred, unless otherwise ordered by the Council. ARTICLE VI. DUTIES OF COMMITTEES. Sec. 33. The duties of the Ways and Means Committee. It shall be the duty of the W ays and Means Committee to ex- amine into and report upon all matters relating to the general welfare of the city which does not, properly belong to the duties of any other committee. It shall have charge of all printing and publishing done for the' city and shall perform such duties relating to the government of the city as may be referred to it. Sec. 34. The duties of the Finance Committee. It shall be the duty of the Finance Committee to examine in- to, and report upon, all reports of officers; and on or before the first regular meeting in May of each year, and at such other times as may be deemed necessary by the Committee, or by the _ ouncll, .examine into, and report upon, the books, accounts, transactions and business done by all officers of the city, and count the money in the City Treasury and make and file with the City Clerk, a written statement showing the amount of money actually therein. It shall also be the duty of the Finance Committee to examine all claims presented against said city. Each claim shall be separately acted upon by the Com- mittee. Each member of the Committee acting on a claim shall h. endorse his name thereon with his approval, rejection, or amount allowed by him. The Committee shall act upon and re- turn to the City Clerk all claims referred to it, at or before the next regular meeting. Sec. 35• The duties of the Public Buildings and Grounds Committee. It shall be the duty of the Public Buildings and Grounds Committee to examine into, act upon and report to the Council upon all matters referring to the public buildings and grounds, and on all other matters that may be referred to it. Sec. 36. The duties of the Police Committee. The Police Committee shall have general supervision of the Police Department, and will attend to all matters that may be referred to it. r Sec. 37. The duties of the Committee on Streets, flighWays' and Bridges.G r,-- A�rYF =t.��'?.i1•° It shall be the duty of the Committee on Streets, Highways and Bridges, to examine into the necessity, or convenience of the proposed opening, extension, widening or straightening of any street, alley, sidewalk or avenue; or the grading, paving, macad- amizing, guttering, curbing, bridging, sprinkling, lighting, or otherwise improving any street, alley, sidewalk or avenue, where veu. 00. r ne uuLle1S'vl vlIuTr Ire veparcmeni "%1,omamv_w -e: The Fire Department Committee shall have general,supervis- ion of all cisterns, hydrants, engines, hook and ladders, carts, wagon, hose; and all property and apparatus belonging to or pertaining to the Fire Department, and shall keep the same in constant repair: . Sec. 39. The duties of Committee on Water Works. The Committee on Water Works shall have 'general supervis- ion of the city's water works and the operation of the same and shall annually recommend any changes that are deemed neces- sary in the charges made to consumers forthe use of water. Sec. 40. The duties of Committee on Ordinances. The Committee on Ordinances shall prepare and present all Ordinances which it deems necessary for the better government of the city or which has been referred to it by the Council. �c 1} $ter, �iA,. `. .� ` •' CHAPTER 11. EXECUTIVE OFFICERS. ARTICLE I. Sec. 44. Who are. The Executive officers are the Mayor; City Marshal and Ex officio Tax Collector; City Clerk and Ex -officio Assessor; City Treasurer; City Attorney; Police Officers; Chief and `Assistant Chiefs, and Engineer 'of Fire Department; Board of Health and Health Officer. ARTICLE IL MODE OF ELECTION OR APPOINTMENT, AND TERMS OF OFFICERS. Sec. 46• Mayor, City Mcirshal, City Clerk, and Treasurer. The mode of election and term of office of the Mayor, City Marshal, City Clerk and City Treasurer, is prescribed by the Charter. Sec. 47. City Attorney. The mode of appointment and term of office of the City -Attorney is prescribed by the Charter. Sec. 48. Fire Department. The officers of the Fire Department shall be elected by the members of said Department as hereinafter provided, ;except the Engineer who shall be appointed by the Council and hold office during the will of the same. Sec. 49. Police Department- When deemed necessary the Council may appoint Police Officers fixing their term of office. and compensation. The mode of appointment and terms of office of special police officers are prescribed by the Charter. Sec. 50. Board of 'Health- ,The members of the Board of. Health shall be appointed by the Mayor and Council, and shall. hold office during a term of two years, and until their successors. are .appointed and qualify. 4 ft „?1,6. k -N ♦ Via` `5 ARTICLE III. G .�, cb v'•' i POWERS AND DUTIES OF THE EXECUTIVE OFFICER$. Sec. �4. PoWers and duties of the Vayor. In addition to those prescribed by the Charter, the Mayor has the power, and must perform the duties prescribed in` this `See- tion Ist. On extraordinary occasions, or onAbb w1ifteur request of four, or more of its members, convene the Common Gouncil by proclamation, stating the purpose for which{be' has convened,it; and the time and place where such meeting will be held. No business, other than that for which the special meeting . was called, can be transacted at such ; meeting. 2nd. At the first regular meeting in June, of each even :num- f ;t; bared year, appoint the following Standing Committees, consist - ing of three members each, and name the Chairmaa.thereof: (a) Ways and Means. (b) Finance. (c) Public Buildings and Grounds. (d) Police. (e) Streets, Highways and Bridges. (f) Fire Department. (g) Water Works. (h) Ordinances. .3rd. Appoint, all special committees not otherwise provided fox. 4th.. Sign all contracts, warrants and other instruments on behalf of the city, as directed by the Council. 5th. Endorse all bonds ordered approved by the Council. 6th. Preside�atall meeting -of the 'Couneil and • maintain the miles and order of business-adopted by the'Couneil. Sec. 55. Duties of the City Clerk. In addition to those prescribed by the Charter, the City Clerk has the power, and must perform the duties prescribed in this section: :It shall be the duty of the City Clerk to keep, a full, true and correct record of all the proceedings of the.Councii, and � of the Board of Equalization. , The proceedings of the Common Council and the Board -: of Equalization shall :be ikept -iu wa book marked "Record Book." He shall also keep _a,,boak: marked "`Ordinances," into which he shall copy al.l. City Ordinances, with his certificate affixed to said copy, stating that the foregoing Ordinance is a true;'and correct copy of an Ordinance of the City of Gilroy. He shall keep a book marked, "Record of Official Bonds," in which must be recorded all official bonds He shall keep a book marked "Register," in which shall be entered after each meeting of the Common Council, the number, of each claim, name of claimant, , the amount in ' �.which it is ordered paid, and when allowed, and designating ot .of which fund the same is to be paid, He ahall be the custodian of the Sear of such city, and •shall act as clerk for the Council and all 7) : °- � la M110 lm� See. 56. Duties of the Treasurer. sec. 76• Justitication on bonds. The duties of the City Treasurer are proscribed by the The Common Council must not accept or approve of any bond, unless the same be accompanied by an affidavit of each Charter. surety that they are residents and householders, or freeholders, Sec. 57• Duties of the Tax Collector. _ within the County of Santa Clara, and are each worth the sum Specified in the undertaking, or bond, over and above all i heir It shall be the duty, of the Tax Collector to collect all the just debts and liabilities, exclusive of property exempt from taxes which shall be levied by the Common Council, and per- execution but when there are more than two sureties thereon, form all the duties prescribed by the Charter and such other they may state in their affidavits that they are severally worth and additional ditties as are hereinafter or by law provided. amounts less than the amount specified in the undertaking, or bond, if the whole amfeunt be equivalent to that of two suf- Sec• 5 8. Duties of the City Nfarshaltt r .s.ssrl �;_:..f'r "}j ficient sureties; provided, that a bond given by a surety or The City Marshal shall perform all the duties provided for guarantee company authorized to conduct such business in this in the Charter, and such other or additional duties as hereinafter State, may be accepted and approved by the Council and Mayor. or law provided. Sec. 59• Duties of the City Ossessor. The City Assessor shall perform the duties provided for in the Charter, and such other or additional duties as are herein- after or by law provided. Seca 60. Duties of the City Attorney. It shall be the duty of the City Attorney to advise the officers and authorities of the city in all legal matters appertaining to the business of the city; to prosecute in all cases of violation of city ordinances or non- compliance therewith, and to represent the city in suits in which it may be a party, or may be in any- wise interested, and to perform such other or additional duties as may be hereinafter or by law provided. - Sec. 61. Duties of the Street Commissioner. ,+ The Street Commissioner shall have charge and supetvision, under the direction of the Common Council, of the streets, highways, bridges, lots and grounds, of the City of Gilroy; and shall oversee and control all work and labor thereon, and see that the same conforms to the law and to the orders and ordinances of the city. It shall be his duty to protect the same against intrusion, trespass and injury, and to make all necessary repairs and improvements thereon, not otherwise provided for by law or by order of the Common Council, and perform such other or additional duties as may be hereinafter or by the laws of the State of California prescribed. Sec. 62• Duties of officers of Fire Department. The Engineer and other officers of the Fire Department shall perform the duties hereinafter or by law prescribed. Sec. 63• Duties of Police Officers. Policemen shall perform the duties hereinafter or by law pre - scribed. Sec. 64. The duties of the Board of Health and Health Officer. The Board of Health and the Health Officer shall perform the duties hereinafter or by law prescribed. Sec. 65• The fiscal year. The fiscal year for the City of Gilroy shall end on the 30th day of June of each calendar year. Sec.. 66. Annual reports. Each city officer shall submit to the Mayor and Common Council within thirty days after the end of each fiscal year a re- port showing the transaction of his office during said fiscal year. CHAPTER Ill. QUALIFICATIONS, SALARY AND FEES OF OFFICERS. r ARTICLE I. OATH OF OFFICE.. Sec. 69• Form of oath. Before any officer enters on. tho duties of his office he must take and subscribe to the following oath: "I do swear, (or affirm), that I will support the Constitution of the United States, and the Constitution of the State of Califor- nia, and that I will faithfully discharge the duties of the office of ..................... ..•, according to the best of my ability." Sec. 70• Before Whom taken. The oath of office may be taken before any officer authorized to administer oaths, and when certified by such officer, must be filed, within the time required by law, in the office of the City Clerk. Sec. 71. Deputies and subordinate officers. All deputies and subordinate officers must, within ten days after receiving notice of their appointment, take and file an oath in the manner required of their principals. ARTICLE IL F. BONDS OF OFFICERS. '.! Sec. 73. Where filed. Official bonds other than that of the City Clerk, must bo filed in the office of the City Clerk within the time prescribed for filing the oath of office. Sec. 74. flovO approved. - Official bonds must be approved by the Common Council, and filed and recorded in the office of the City Clerk. The appro- val of every official bond must be endorsed thereon and signed by the Mayor, and no bond must be filed until so approved. Sec. 77. Form of official bonds. All official 1—ds must be in form joint and several, and made payable to the City of Gilroy. Sec. 78. amount oS' bondsi ,, � ` ' r "��� 11 -I`I5 arty / The City Clerk, Marshal and Ex- officio Tax Collector, Treas- urer, Superintendent of Water Works and Policemen, shall give bonds in the following penal sums: Ist. The City Clerk in the penal sum prescribed in the Charter, which shall cover all his duties as Clerk and Ex- officio Assessor. 2nd. The City Marshal in the penal sum of $5,000, which shall cover all his duties as Marshal, Ex -officio Tax Collector, License Collector and Street Commissioner. 3rd. The City Treasurer in the penal sum of $12,000. 4th. The Water Superintendent in the penal sum of $500. . th. Policemen in the penal sum of $500 each. °�� ARTICLE III. • SALARIES AND FEES OF OFFICERS. Sec. SI• Salary and fees of certain officers. The compensation of officers of the City of Gilroy shall be as - follows: -1st. The City Clerk the sum of $35.00 per month; and for his services as Assessor the sum of $5.00 per month. 2nd. The City Marshal the sum of $75 Der month, which will include compensation for his services as Tax and License Col- lector and Street Commissioner. He shall be entitled to the following fees: He shall receive for each arrest made by him for the violation of a City Ordinance the sum of three dollars; and for other services performed by him upon the trial for such violation the same fees as Constables are allowed by law to collect for the same service in criminal cases, which shall be paid out of the fines collected; provided, that he shall only be entitled to any of the said fees upon conviction of the defendant, and the collection of the same from him, and that the City shall not be liable for the payment thereof. He shall also re- ceive for the impounding of any animal or animals required to be impounded by any City Ordinance, for each animal not ex- ceeding ten in number, the property of the same owner or owners, the sum of one dollar; and for each one additional over that number fifty cents; and fifty cents per day each for feeding and keeping such animals while impounded; said fees to be paid by the owner of the animals upon redemption, or retained from the proceeds of their sales. The deputies of the Marshal shall receive the same fees as are allowed him for the like service. He may receive such other fees as may hereinafter or by law be provived. 3rd. The City Treasurer the commission allowed by Section 45 of the Charter. 4th. The Superintendent of Water Works the sum of $y5000 per month and free use of the city's premises near the reservoir. 5th. The Night Policeman the sum of $60.00 per 111011th- ? Sec. 82. HovO salary shall be paid. The salaries of all city officer shall be paid monthly on the first Monday in each month. CHAPTER IV. OF ELECTIONS. ARTICLE I. TIME AND MANNER FOR HOLDING# ELECTIONS. Sec. 84• Time and manner for holding elections. The time and manner for holding elections and canvassing the votes of elections are provided for in the Charter, and the elec- tion laws of the State. 2 DEPARTMENT OF GOVERNMENT. CHAPTER I.— HEALTH DEPARTMENT. CHAPTER II.— POLICE DEPARTMENT. CHAPTER III.— ,STREET DEPARTMENT. CHAPTER IV. —FIRE DEPARTMENT. CHAPTER 1. HEALTH DEPARTMENT. ARTICLE I —BOARD OF HEALTH AND OFFICERS. ARTICLE II— HEALTH REGULATIONS. ARTICLE III — QUARANTINE REGULATIONS. ARTICLE I. BOARD OF HEALTH. Sec. 90. What it consists of. A Board of Health is hereby established, to consist of Five (b) persons, one at least of whom shall be a practising Physician and a graduate of some reputable school of medicine, and one, if practicable, a Civil Engineer, who shall hold their offices at the pleasure of the appointing power. Sec. 91. Officers. The officers of the Board of Health shall be a President, a Secretary who shall be ex -officio Health officer and who must be a physician in good standing, a graduate of some reputable medical college, and a resident of the city of Gilroy; a Health Inspector which office shall be filled by the City Marshal; and an Inspector of Plumbing. Sec. 92. Meetings. The regular meetings of the. board shall be on the first Thursday evening after the first Monday-of each month. Sec. 93• A quorum. Three.[3] members shall constitute a quorum for the trans- action of business. Sec. 94. Order of business. After being called to order by the President, or in his absence by the Secretary in which case a temporary chairman shall be chosen, the order of lousiness shall be as follows: Calling of roll. Reading minutes of last meeting. Communications. Reports of Health Officer and Health Inspector and Inspector of Plumbing. Unfinished Business. Miscellaneous Business. er . + kX F Sec. 95• Duty of Health Officer. It shall be the duty of the Health Officcr under the control and direction of the Board of Health, to enforce all laws, ordi- nances, and regulations relating to the causes of sickness, nuisances, and sources of filth within the city. He may under the direction of the Board of Health, remove any person who is not a resident of the city, or any indigent or disreputable person who is known to be infested with any dangerous, con- tagious, or infectious diseases, to the pest house, or take such other action in regard to the case as- shall -be deemed necessary to prevent the spread of such disease provided such removal or action can be made without danger to the life of such person. Sec. 96. Duty of City Marshal and Polk -emen. It shall be the duty of the City Marshal and he is hereby authorized and empowered to serve all notices of the Board of Health or Health Officer and to enforce and carry into execution all orders or directions both -general and special, of the said Board of 'Health or Health Officer; any police officer of the city of -Gilroy may perform any such duty �in -the absence of the Marshal, or wheu1e is engaged in other city duties. Sec. 97. Duty of members or officers. It shall be the duty of the Health Inspector, Health Officer or any member of the Board of Health 'or any public officer when necessary to secure the public health, to enter upon the premises of any person within this city to ascertain any nuisance that may then exist, and to inspect drains, vaults, cellars, cess- pools, water closets, privies, sewers or yards of such premises, to examine into their condition and when satisfied that any nuisance, endangering the public health, does so exist he shall notify in writing any person or persons owning or having control, of, or acting as agent for such premises, house or other place to abate or remove such nuisance within a reasonable time, to be stated in such notice and shall report his action in such case to the Board of Health at the next meeting thereafter: as Will In Lilelr JullgnleuU uu6b prulumv unu uaaxwu — ui V, of Gilroy, and prevent the spread of 'disease, to enter into and examine in the daytime, any buildings, lots, or.'places in the city, to prevent and forbid communication with infected families` or houses, and buy land with the consent of the City Council to establish a ,pest house or hospitals and provide the necessary supplies therefor, and generally to exercise a supervision over hospitals, prisons, schoolhouses and public buildings so far as L in their judgment maybe necessary:. for the promotion of health, and, they may whenever , they deem it necessary, order the ex- amination by the Health Ofaicor, of some competent physician,, of all persons entering* the city from any country, state, county7 city or places where the Board shall have reason to believe there are any cases of cholera, yellow fever, small pox or other con-, tagious or infectious diseases, and for the purpose of making such examination the Health Officer or any or all member s.of the Board of Health, or any persons appointed by them for such purpose, shall have authority to enter any railroo, car, stage or other vehicle, and said Board or Health Officer may direct, and enforce the cleansing and purifying of any such railroad car, stage or other vehicle, and said,Board may provide by and with the consent of the City Council a suitable place for the tem- porary detention of persons w►io have been exposed to the in- fection of cholera, yellow fever, small pox or other infectious or contagious diseases, and said Board of* Health or Health Officer or any ,member 'of said Board, shall have power to order and compel such person or persons to remain in such place of de- tention for such time as may be necessary and to forbid and prevent any and all communication with such person or persons. Said Board or Health officer shall have power to forbid and prevent any and all persons living or- being in or about any house or premises where any person is or has been sick with cholera, yellow fever, shall pox or any other contagious or in- fectious diseases from leaving such house or premises, without first having obtained permission of the Board of Health or Health officer to do so. ARTICLE II. HEALTH REGULATIONS. Sec. 100• Nuisances. Upon the neglect or refusal of any owner, occupant, or agent or other person having control of such house or other place within said city where a nuisance is maintained to comply with a notice from the Health officer to abate said nuisance the Health Officer may abate such nuisance or cause the same to be abated, and the owner, agent or occupant, or other person having control of such house or place in addition to the penalty provided in this ordinance, shall be liable to the city for the cost, of such abatement, to be recovered in any court of com- petent jurisdiction. Sec. 101• Slaughter houses4 ...w.cl..t,41 atm -s 'vS*4. It shall be unlawful for any person to keep or maintain any slaughter house or enclosure or other'place for the slaughter of cattle, sheep or hogs within.the limits of the city, or to kill or slaughter any of the 'aforesaid animals.thorein, for the purpose of selling such animals so killed and slaughtered. Sec. 102• Keeping hogs. It shall be unlawful for any person to keep any hogs or pigs in a pen, bililding 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. 103. Garbage, Rubbish, Etc. No person shall, unless otherwise provided,. deposit, allow or suffer to be, or to remain on premises' owned, controlled or oc- cupied by him, any garbage, rubbish, slush, brush, debris, de- caying animal, vegetable or, other offensive matter, standing pools of water or anything injurious to health, or any article or thing which emits an offensive odor, or any dead animal or carcass of any animal, or drain any sewer into any creek, slough or natural depression in the ground, or any vacant lot, or on any premises in the City of Gilroy, owned, controlled or occupied by any other person. Sec. 104. Privies, cesspools, No privy, cesspool, water- closet or drain shall be allowed by the owner, occupant or person in charge of the premises upon which the same may, be situated, to become nauseous, foul or offensive, or prejudicial to public health or comfort. Sec. 105• 50ill carts. No person shall use any cart or vehicle for the conveyance or removal of swill or filth, or the contents of any privy, vault, well, sink or cesspool, unless the same is perfectly staunch, tight and properly covered, so as to wholly prevent leakage or smell, or use any cart or vehicle for the conveyance or removal Of carcasses of dead animals, or garbage unless the same be pro- vided with a canvas cover securely fastened over the top thereof, and be so constructed as to prevent the deposit of such carcass or garbage or any portion thereof, in or upon the streets through which said cart or vehicle may be driven. ?, Sec. 106. Sale of unwholesome food prohibited. No person shall bring within the corporate limits of the City "F7 of Gilroy, or expose or offer for sale, or sell, supply, furnish or ` give away, to any person, for human food: `j 1. The flesh of any animal or fowl which, when killed, was p sick or diseased, or that died by means other than being regu- larly slaughtered, or the flesh of any calf unless it is in a good healthy condition, and at least four weeks of age when slaughtered. 2. Blown, meager, diseased or; bad meat, poultry, or game, or** unsound, diseased or unwholesome : iiahy 1rAh Vegetables,, or other market produce. _.. Sec. 107. Evidence. Any article or animal, or flesh of . any animal, that; shall be offered, or `6khiblted for sale, in any-, market, or elsewhere, as though it was "intended'forsale, shall be` deemed offered 'and posed for sale within the intent and meaning; of this Chapter: Sec. ' 108.' Markets to be kept clean. Every owner or occupant of a market where fish, beef, mut- ton, veal, pork, or the carcass of 'any animal used for food, is sold,, 'shall use due care and attention'to maintain cleanliness thereat, by the prompt 4removal`of all rubbish or other matter tending to create a stench' or generate disease, and by proper screens protect the food offered for sale, from flies and other insects. , The Board of Health, >:or any member thereof, shall have free access to said market, stall or place of business at all times for the purpose of making an inspection of, the same Sec. 109. Place of sale. It shall be unlawful for any person; association or corporation, within the corporate limits of the city of Gilroy, to sell, offer to sell or, expose for sale any fish,' beef, mutton, veal, pork, or the carcass of any animal used for food, at any place except at a permanent and fixed place of business. Sec. 110, Transporting Fish, meat, etc. ;No person,, association or corporation shall remove, or trans- port any fish, beef, mutton, veal, pork or the carcass of any animal used for food, through the streets of this city, unless the same:,bs• mored.or transported in wagons or carts so constructed and;.00vered as to protect it entirely from dust and dint, and so that,.the same may not be exposed to view, during the course of, said transportation. Sec. 1t1. Burial of human bodies. It shall be unlawful for any, person to bury ,the `body of a deceased person within the limits of the city, except in the Catholic cemetery, now used, near the Catholic church: Sec. 112. Burial, permits. It,shall be unlawful for spy one to bury within the City or to remove beyond the City •aimits for burial, the y of any de- ceased person, without having first filed with . the City Clerk a certificate of death, stating as nearly : as possible name in full age, occupation, sea, color, married or single or having been married, last place of residence, term of residence in the City, M. and cause -of .death.. of .said person, and signed by the attending physician or'in�Nlsis,.absence:by. ,the President or some, member of the Board of °Health, .and received fromAhetCity °Clerk a burial permit; which shall be filed with the person in .charge of the cemetery where the body is interred. The City Clerk shall keep a record of all deaths so reported in a book kept for thatpur- pose. Sec. 113• Physicians to report births and deaths. . ' Every person practising mid- wifery, or under whose charge or superintendence any birth shall occur within the City of Gilroy; shall fill up and "deliver to the City Clerk, within forty- eight,''hours after said birth, a blank schedule to be furnished on application by said City Clerk, containing the particulars of said 'birth as to date, sex, color, residence, names of 'parents, and if any birth shall occur without the attendance of a physician, midwife or nurse, it shall be thesduty of the parents to make a report in the manner and form above described, and the City Clerk ,shall keep a�record•of thebirths so reported in a book for A that purpose: "ARTICLE III. x QUARANTINE REGULATIONS. Sec. 120. Physicians to report contagious diseases. It shall be the duty of each Physician practising in this vicin- ity, to report..to .ttie .Health Officer every patient he shall' have, affected with 'Asiatic cholera, smallpox, yellow fever, diphthe- ria, scarlet fever or other dangerous, contagious or infectious diseases, as soon as he shall become satisfied of the nature of the disease, and to report to the same officer every case of death fromsuch disease immediately after it shall have occurred. Sec. 121. landlords to report contagious diseases. It shall be the duty of every `house- holder and of any pro - prietor or manager of any hotel, boarding or lodging; house in this city, to report to the Health officer immediately, the name of every person living, boarding or lodging at his or her house whom he or she shall have reason to believe to be sick with sear - let fever, diphtheria, smallpox, cholera or other dangerous, eon - tagious or'.iiifectious: disease and any deaths occurring at his or .a.. her, home from such diseale. Sec. t22• Pasting Quarhntine notices. Whenever a case of smallpox, cholera, yellow fever, diphtheria, scarlet fever or other contagious or infectious disease shall ex- ist in any house or tenement and it shall be deemed inexpedient to remove the person or persons so affected to the proper hos- pital it shall be the duty of the Health officer to require all such persons to be closely confined in their respective dwellings or places of abode, and he shall cause to be erected or put up in a conspicuous place in front of said dwelling or place of abode, a yellow flag or a suitable notice setting forth plainly the name of the disease and the number of persons inside of the dwelling or abode suffering with the same, and it shall be unlawful for any person to remove such flag or notice without the permission of the Health officer or the Board of Health, which permission shall not be granted until all the cases within such dwelling or tenement are well and the house or tenement has been properly disinfected to the satisfaction of the Board of Health or Health officer. Sec. 123. Visitors prohibited. No person or persons, except the physician, c ergyman, under- taker or those having a written permit from the Board of Health or Health officer shall enter or depart from any house or tene- ment where small -pox, cholera, or yellow fever exists or while the corpse of any person who shall have died of such disease re- mains within the house, nor within ten days thereafter or until said building and its contents shall have been disinfected or otherwise disposed of to the satisfaction of the Board of Health or Health officer. CHAPTER h. POLICE DEPARTMENT. ARTICLE I.- OFFICERS. ARTICLE II.— DUTIES OF OFFICERS. ARTICLE .III. - REGULATIONS. ARTICLE IV.- PUBLIC POUND. ARTICLE I. OFFICERS. Sec. 130. Police Department. A Police Department for the City of Gilroy is hereby estab- lished. Sec. 131. Peace Officers. The Peace Officers of the Police Department shall consist of: lst. The City Marshal, who shall be Chief of Police. 2nd. The Night Policeman. 3rd. Police Officers. 4th. Special Police Officers. Sec. 132. Night Policeman. The Night Policeman shall be appointed by the Common Council by an order or resolution entered on their minutes and shall hold office for a terns of two years, and until his successor is appointed and qualifies. Sec. 133. Police officers. The permanent police force shall consist of as many police officers as the Council deems necessary, and shall be appointed by the Common Council by an order or resolution entered on their minutes, and shall hold office for a term of one year. Sec. 134. Special police officers. The Common Council may from time to time, by an order or resolution entered on their minutes, appoint as many special police officers as they may deem necessary, and shall by order fix their term of office and compensation. Sec. 135. Certificates to bear official seal. The City Clerk shall make and affix his official seal to a certificate of the appointment of Police Officers, or Special Police Officers, and deliver the same to the appointee. ARTICLE II. DUTIES OF OFFICERS. Sec. 136. Police Office. A Police Office shall be established at the office of the City Marshal, in the City Hall, in the City of Gilroy, and all books and properties belonging to the Police Department, shall be under the charge of the City Marshal. Sec. 137. Records. The City Marshal, as Chief of Police, shall keep a "Book of Arrests." He shall cause to be entered in such book the full name, with alias, if any, of every person brought in, the time and place of arrest, criminal charge, the place where the offense was committed, the name of the officer or officers making the arrest, the court issuing the warrant, and the amount of bail taken, in cash or bonds, if any. There shall also be entered in said book a description of all property and things of value which any prisoner may have on his person at the time of his arrest. Said book shall always be open during office hours to the inspection of the general public. Sec. 138• Power of Marshal and Police Officers. The Marshal, his deputies, and all policemen shall have power to make arrests for the violation of any city ordinance, to serve all writs and other papers issued by the Police Justice in a trial or proceedings for such violation. Sec. 139• Ex- officio health inspector. Every peace officer shall be ex- officio a Health Inspector. He shall aid and assist the Health Officer, or any member of the Board of Health, in the discharge of his or their duties. When- ever he shall observe any property or place to be in a dangerous condition, or offensive to public health, he shall immediately make report thereon to the health Officer. He shall serve as such ex- officio Health Inspector without additional com- pensation. ARTICLE III. REGULATIONS. Sec, 145• Marshal may prescribe. The City Marshal, with the advice and consent of the Police Committee, may adopt and enforce rules and regulations for the government of the department, not inconsistent herewith. Sec. 146, Not to be surety. No Peace Officer shall become surety on any bail, or other bond, for the appearance of any prisoner, or deposit money or other property for his appearance. Neither the City Marshal nor any Police Officer shall discharge any person from custody except by order of some Court of competent authority. Sec. 147• Rank. The Police Officer holding the senior appointment, shall, in the absence of the City Marshal, be deemed the superior officer in the department, and all other officers, whether Police 'Officers, Special Officers, or Special Police, shall be subordinate to and under the control and direction of the superior officer, and all his lawful orders, subject to the lawful rules and regulations and orders of the City Marshal, shall be promptly obeyed. Sec. 148• Not to visit certain places. All policemen when on duty shall constantly patrol their beat or district. No policeman when on duty shall enter any public drinking house, gambling house, house of ill fame, or place of public amusement, unless in the discharge of his official duty, nor shall any regular policeman engaged in any other business or calling than the business of the police department, or absent himself from the city without the written permission of the ' Common Council, and no policeman shall receive any private reward for the performance of his duty. For the violation of any provision of this section he shall be suspended by the May- or, and be liable to be discharged. Sec. 149. Shall Wear star While on duty. Every officer shall constantly wear his star or badge while on duty, on the left breast of the outer garment, unless while on special detail, doing detective service or in night service. Sec. 150• Policemen may be suspended. The Mayor may suspend any regular or special policeman, for official or other gross misconduct, and appoint another in his stead, until such time as said regular or special policeman may be restored or removed by the Common Council, to which body he shall report the facts at their next meeting. Sec. 151. City Prison. The building now used for the confinement of persons for violations of City Ordinances, or any other building designated therefor by the Mayor and Common Council, shall be the City Prisbn of the City of Gilroy, and all persons hereafter im- prisoned for any offense against a city ordinance shall be con- fined therein, except as hereinafter otherwise provided. The is City Marshal shall have charge of the City Prison, and it shall be lawful for him to put- to labor on the public streets or squares, or upon any other public work of the city within its limits, any person confined therein for a violation of any city ordinance, and in order to prevent their escape while at such work, may place upon him or them a chain, or ball and chain, when in his judgment it shall be necessary so to do. ARTICLE IV. PUBLIC POUND. � Sec. 160. Public pound established• ".w<1c,ZQ �} •2'i. The lot of land situated on the north side of Fourth street, between Church and Rosanna streets, in this city, and now used as a City Pound, or such other place within the city limits as may hereafter be designated by the Mayor and Common Council, shall be the City Pound of Gilroy. Sec. 161. Duty of 719arshal and Policemen. It shall be the duty of the Marshal, his deputies, and of all policemen, to take up any horse, mule, ass, cow, or animal of the cow kind, sheep, goat or swine found running at large within the corporate limits of the city, and impound them in the City Pound.' i Sec• 162. Notices to be posted of sale. s Within twelve hours after impounding any such animals the Marshal shall post notices in three public places within the city, one of which shall be at the Postof6ice, describing therein such animals, giving the marks and brands, if any they have, when and where impounded, the time and place of sale, and that the same will be sold at public outcry at said time and place, unless sooner redeemed by the owner` or other person having the right °. to the possession of the some. " , � '$ve -days' notice the ' Msrs .. , shall eoll suou animals <"at pubs e outcry "to11ker hlgheRt bidder for , gold or silver, coin. ;in haud." ,. The timai # sooh sale to shall be between 9 o'doo °,sddrgwr►!�T► igdi fife place ? ? some public place within Q*,elq:� Sec. 163• 00ner may redeem. The owners or other persons entitled to the.possessioh of any animal sold as aforesaid, may redeem the same before the sale thereof, upon payment to the Marshal of his fees for taking tip and keeping said animals, or at any time within three months after the sale, upon payment to the purchaser of the amount of the purchase money, and ten per cent. added thereto, together with the necessary expenses of the purchaser added for keeping the same. Sec. 164• Proceeds of sale. , The Marshal shall retain his fees and pay the balance of the proceeds of such sale, if any, to the person entitled thereto, upon satisfactory evidence of such right; if not, he shall pay such balance to the City Treasurer, taking his receipt therefor in duplicates, one of which. shall be filed with the City Clerk; and the person entitled to such balance may, within three months thereafter, obtain an order from the Mayor and Com- mon Council therefor. if not applied for within that time, it shall become a part of the General Fund of the City. Sec. 165• Marshal to furnish provender. The Marshal shall, at his own expense, provide suitable prov- ender for all animals impounded by him, his deputies or any policeman. Sec. 166. Report to Council. The Marshal shall beep a book in which he shall register the description, including marks and brands, of all animals im- pounded in the City Pound, those that are redeemed, with the amount received 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. Council with a report thereof once in every three months. Sec. 167• License tags for dogs • �wx-��.c.,!l,p� i�ve�.16t6 It shall be unlawful for any person to keep or maintain any dog in the City of Gilroy after the 1st day of May A. D. 1885 except on his enclosed premises without causing said dog to wear a tag to be procured annually from the City Marshal and paying therefor the sum of two dollars each year for the same upon which payment the purchaser shall be entitled to a receipt. On the first day of May of each year the device of such tags shall be changed. And no tag shall protect a dog from the provision of this ordinance after the first day of May subsequent to its purchase. Sec. 168• City to furnish tags�� It shall be the duty of the City Clerk to procure at the ex- pense of the City and deliver to the Marshal such number of suitable tags as may be necessary, taking his receipt therefor. Said tags shall be disposed of by the said Marshal in the man- ner hereinafter provided. He shall also make out and submit to the Board of Common Council at each regular meeting a verified statement of his receipts from sale of dog, tags for each week ending the Saturday before, showing the amount paid out or re- tained by him for fees as hereinafter provided, and the amount paid into the City Treasury. Sec. 169. Dogs to be impounded. e v��5�,K1, 1.G= It shall be the duty of the City Marshal and the duty of every Policeman to take into custody any dog or dogs running at large not provided with wearing tags as herein provided and place such dog or dogs in the City Pound, and when so im- pounded they shall be kept securely for forty -eight hours. If not claimed and redeemed before the expiration of such time, they shall be killed and buried by the officer impounding them. Sec. 170• Fees. ct.ti xyti <ri t, ^!l 2. tom? For each tag sold the Marshal shall be entitled to a fee of seventy -five (75) cents: provided, that when a dog has been im- pounded and redeemed the said fee shall be paid the officer arresting the dog. For killing and burying each impounded dog the officer performing that service shall be entitled to receive the sum of seventy -five (75) cents.. The fees herein pro- vided for shall be retained and paid out of the money derived from the sale of dog tags by the City Marshal. Any person wishing to redeem a dog that has been impounded, shall pay the Marshal the sum of Two ($2,00) Dollars for a tag, fifty cents of which shall be retained by the Marshal as his fee, or produce a receipt showing that the price of the tag for said dog for the year has been paid, in which case the cost of another tag shall be but 25 cents. i CHAPTE9 111.' STREET DEPART,FMRNT.. ARTICLE I.— ENUMERATION OF STREETS AND ALLEYS." ARTICLE II.— NUMBERING OF BUILDINGS 'ON STREETS. ARTICLE III. — REGULATIONS. ARTICLE IV.- SPECIFICATIONS. ARTICLE I. ENUMERATION OF STREETS AND ALLEYS. Sec. 175• De dications• All streets, alleys, and public thoroughfares within the cor- porate limits of the City of Gilroy, which are laid down, marked or designated as such upon any survey, map Or plat of any sub- division of said city, or town, or town addition, or any sub- division thereof,; recorded or on file in the office of the County 'Recorder, or County Surveyor of the County of Santa Clara, or which have been legally established as such by the Board of Supervisors of the County of Santa Clara, or the 'Board of Trustees, or Common Council of the City of Gilroy, of which have in any way been dedicated to the use of the public by the owner of the soil and used by'the public, or to which the public have acquired aright by prescription or otherwise, and which have not been vacated, by the Board of Supervisors of the County of Santa Clara, or the Common Council of the City. of Gilroy, are declared to be established as public streets, alleys and thoroughfares. Sec. 176. Names of streets. The names of the streets and alleys of, the City, of Gilroy are hereby declaired to be the same as designated and named on the official map of said city hereinafter adopted. Sec. 177• Width of sidewalks. The sidewalks on Monterey street shall be of the width of fourteen feet, and on all streets of the ,City east and west there- ' of and parallel therewith shall be of the width Of twelve feet; On all streets running at ,right ;angles to Monterey the width of �,. such sidewalks shall be twelve feet. ARTICLE IL NUMBERING+ OF' BUILDINGS ON STREETS. Sec. 179. Plan of numbering. The following system of numbering the houses in the City of Gilroy is hereby established, to wit: First. All blocks fronting on streets south of Sixth street and extending in a southerly direction, shall commence with No. 1 on each street on the southerly line of Sixth street, and thence continue southerly with 100 numbers to each block to the southerly limits of the city, provided that the odd numbers viz. 1, 3, 5, 7, etc., be placed on the houses fronting oil the westerly line of said streets, and the even numbers 2, 4, 6, etc. be placed on the houses fronting on the easterly line of said streets. Second. All blocks fronting on the streets north of Sixth street and extending in a northerly direction, shall commence with No. 1, on each street on the northerly line of Sixth street, and thence continue northerly with 100 numbers to' each block to the northerly city limits, provided that the odd numbers to wit: 1, 3, 5, 7, etc. be placed on the houses fronting on the westerly line of said streets and the even numbers 2, 4, 6 etc be placed on the houses fronting on the easterly line of said streets. Third. All blocks fronting on the streets east of Monterey street, and extending in an easterly direction, shall commence with No. 1, on each street on the easterly line of Monterey Street, and thence continue easterly with 100 numbers to each block to the easterly limits of the city, provided that the odd numbers shall be placed on the houses fronting on the northerly line of said streets and the even numbers on the houses fronting on the southerly line of said streets. Fourth. All blocks fronting on the streets west of Monterey street and extending in a westerly direction, shall commence with No. 1 on each street on the westerly line of Monterey street, and thence continue westerly with 100 numbers to each block to the western city limits, provided that the odd numbers shall be placed on the houses fronting on the northerly line of said streets and the even numbers on the houses fronting on the southerly line of said streets. Sec. ISO. ZVorth and South division. All numbers lying north of Sixth street shall be designated as No. — North, and all numbers lying South of Sixth street shall be designated as No. — South. All numbers lying east of Mon - „ d No. east, and all numbers terev street shall 'be designate + lying west of Monterey street shall be designated as "No. — west.' Sec. 1 81. Blocks to be divided. To determine the proper number to be placed upon any door, the whole of that side of the block upon which it fronts, in- cluding alleys if any, shall be divided into 50" approximately equal parts, and the said door shall receive the ";number of that fiftieth part on which it fronts,,counting with alternate numbers even Or odd, in accordance with:the provisions of See.179,of this Ordinance. See. 1 82. Who shall determine number. 731ie work of determining the number as above provided shall be, under the supervision of the '.Street .Commissioner and the Street Committee of the< Common Council. Sec. 1 83• Duty of owner: It shall be the duty of .every, person owning or occupying any house or place of 'business ." fronting .on any street in the city of Gilroy, within thirty days from the passage and approval of this act, to ascertain from the Street 'Commissioner or other proper authority, the proper numbers or number, and place the same upon the front of said house or place of business in such a place, and of such a size, as to be easily read from the street. Sec. 184. Duty of Street %Commissioner. If the occupant or owner of any house or, place of business, shall ' fail to comply with the provisions of this act within a period of thirty days from the date of its passage, it shall be- come the duty of the Street Commissioner to properly designate with the correct number such premises, and he shall be entitled, to collect therefor from the owner of said premises, the sum of 25 cents for the first number so placed, and 15 cents for each additional number, upon the premises of the same person. ARTICLE III. REGULATIONS. Sec. 190: Duty of property 'oWners to maintain sidewalk. It 'shall be the duty of all persons owning land on the east and west of Monterey street, and on all streets running at right angles thereto, to have and maintain at his, her or their expense a sidewalk in conformity with the provisions of this Ordinance, upon a grade as set forth by map now on file in the office of the City Clerk of the City of Gilroy, according to survey made by Herrmann Bros. October, 1885. Sec. 191. Official survey. That the survey made by Herrmann Bros. October, 1885, on file in the office of the City Clerk, is hereby declared the official survey of the City of Gilroy, establishing the grade of the side- walks and gutters on Monterey street as set forth on said map. Sec. 192. Side0alks Within fire limits. Whenever it shall become necessary to replace any sidewalk or part of sidewalk within the fire limits of the City of Gilroy, said sidewalk or part of sidewalk shall be constructed of stone, concrete, brick, asphaltum or bitumenous asphaltum, and be made to conform to the survey as set forth in the official map hereinbefore mentioned. CY Sec. 193• Obstructions on sidewalks prohibited• �r`" , No person owning or occupying any building or premises fronting upon any public street shall place or cause to be placed, or maintain or suffer upon the street or sidewalk in front of such building or promises any sign or advertisement, or place any goods, wares or merchandise upon the sidewalk for exbibi- tion, advertisement or otherwise, which shall project over the inner line of the sidewalk more than two feet, provided, that merchants, tradesmen and persons engaged in receiving, forwarding or expressing goods and other commodities may use a portion of +be sidewalk for depositing the same, not to excee four hours in any one day. Sec. 194• Regulating signs. No person owning or occupying any building or premises fronting upon any public street shall suspend or cause to be suspended, maintain or suffer over the street or sidewalk in front of said building or premises any sign, advertisement or flag, ex- cept upon holidays, election days and days of public parade and. display; hang or suspend any goods, wares or merchandise from under any awning, shade or balcony over any sidewalk, street or avenue, suspend, hang or place a sign of any description across any sidewalk. All signs shall be fastened securely to the build- ing fronting upon any public street; provided, that nothing herein contained shall apply to the space of two feet in width next adjoining any store or place of business. Sec. 195. Grass and Weeds on side0alks prohibited. No person owning or occupying any building, lot or premises fronting upon any sidewalk shall suffer,' allow or permit to remain -upon said sidewalk' in front of such building, lot or premises any dry grass or weeds. Sec. 196• Duty of City (Marshal. The City Marshal of the City of Gilroy is hereby directed and required to notify all persons owning or occupying any building; lot or premises fronting upon any sidewalk, upon which any dry grass or weeds exist in front of such building, lot or premises, to remove the same. Sec. 197. Signs and a-rinings to be securely fastened. All signs and awnings shall be fastened in a secure and work- manlike manner, and out of the way of ordinary travel and use of the street and sidewalk, and subject to the approval of the Superintendent of Streets. Sec. 198. bights on dangerous places on streets. Any person by whom, or under whose immediate direction, or by whose immediate authority, as principal, contractor or 'em -. plover, any portion of :a public street, alley, sidewalk, public park or place, may be made dangerous, shall: ,Erect, and, so long as the danger may continue, maintain around the portion thereof so made dangerous, a good and sub- stantial barrier; Cause to be maintained, during every night, from sunset to daylight, a lighted lantern at the ends thereof, so made danger- ous, and every side of a street crossing so made dangerous. All persons now using, or hereafter authorized to use, any of the streets, alleys, sidewalks or public places in the City of Gil- roy for the purpose of maintaining, laying down, removing or repairing any pipe, main or conduit, or any connection 'there- with, used, or to be used, in distributing through, or supplying to the city or its inhabitants with artificial light, or any Rail- road Company, shall, before removing any earth, stone or pave- ment of such street, alley, walk or public place, notify the Street Committee of the Common Council of their desire so to do, designating particularly the locality where it is desired to do such work, and shall obtain a permit from said committee there- for. Sec. 200. 'Nova to obtain permit. In order to obtain such permit, the person applying therefor shall designate particularly the locality where said work is to be done, and the nature, character and extent thereof, and accompany said application with a good and sufficient bond, to be approved by the Council and filed with the City Clerk, pay- able to the City of Gilroy, in the penal sum of Five Hundred ($500.00) Dollars, lawful money of the United States of America, with two or more sureties, residents of the County of Santa Clara, who shall each qualify in the amount specified in the bond, excepting when there are more than two sureties thereon, they may qualify in the amounts less than the full amount thereof, if the whole amount be equivalent to that of two sureties, con - dtioned that said perscn shall, within forty -eight hours after a trench is opened, refill the same, unless permission be granted by the Street Commissioner to keep it open longer, and put the street, alley, sidewalk, or public place in as good repair and condition as it was immediately before the work of opening, digging or excavating was commenced, and shall cause the surface thereof to be neither elevated above nor depressed below the surface grade thereof, for one year thereafter, and shall do and perform all of said work to the satisfaction of the Street Commissioner and the Common Council, and at the time and in the manner and as provided by this Code, and by any ordinance now in force, or that may be hereafter passed and also that said conditions and covenants shall apply to any subse- quent permits granted, providing that the provisions of this Section requiring a bond shall not apply to any person to whom a prior permit has been issued within a period of one year, but in all such cases the bond theretofore filed shall cover all liability on any such subsequent, permit, during said year. Per- mits when granted shall be issued by the City Clerk. Sec. 201. Provisions for breach of bond. If in any time within twelve months after such pipes, conduits or railroad tracks have been laid, the surface of the street, alley, sidewalk or public place remains improperly elevated. or de- pressed, or not properly paved, then it shall be repaired, or put in good order, by the person who laid, or caused said pipes, con- duits or tracks to be laid, within three days after notice to repair has been served by Street Commissioner upon such person. Sec. 202. In case of failure to make such repair. If such person fail or neglect to make such repair, after re- ceiving the notice in the `foregoing section provided, then the Street Commissioner shall cause such repairs to be made, keep- ing an account of all expense incurred therefor, and certify the salve to the Common Council, which shall immediately com- mence proper proceedings to collect from the person or com- pany so failing to put said street, alley, sidewalk, or public place in proper condition and repair, or from the sureties upon the undertaking, all costs or charges which the city shall have been put to. In any suit brought under the provisions of this Section, there shall be taxed as costs, an . attorney's fee, to be_ fixed by the Court, not exceeding the sum of Twenty -five Dollars ($25.00), and shall be, when collected, paid to the attorney em- ployed by the city, for his services rendered therein. ' Sec. 203. Duty of Street. Commissioner to oversee Work: It shall be the duty of the Street Commissioner. to oversee and direct all the work provided for in this Article, and he shall direct the manner in which repairs shall, be made, in accordance with the regulations herein provided or which may hereafter be adopted, so that the work shall be done to the satisfaction of the Common Council. ikh` Sec. 204. Permission to remove buildings• q,,N Vt* " Any person desiring to remove any building, or house in, on or through any street in the City of Gilroy, shall give notice thereof to the City Marshal before commencing to remove said house or building, specifying the time when, and the street or streets in, on or through which the house or building is to be moved. The City Marshal shall thereupon grant a permit to the person applying therefor, specifying the street in, through, or on which the house or building is to be moved and the time when the same shall be moved, providing the Marshal, upon giving him, or the person making the application therefor, notice, may change said route of travel whenever the safety of the city requires it, and the person obtaining such permit shall thereup- on conf rm to such change. ARTICLE IV. SPECIFICATIONS FOR STREET WORK. Sec. 210• tloW adopted. The Common Council before ordering the construction or repair of any street, avenue, alley, highway or sidewalk of the City of Gilroy, or any bridge therein, shall determine upon and adopt specifications for such construction or repair. 1' 11V1J L.1J1111V1111JJ1Y 1. _ ARTICLE I.- ESTABLISHING DEPARTMENT. ARTICLE II.— REGULATIONS. - ARTICLE III. —FIRE LIMITS. ARTICLE I. ESTABLISHING DEPARTMENT. Sec. 215. Shall consist of. The Fire Department of 'the City. of Gilroy shall consist of the Eureka Hook and Ladder and Hose Company No. 1, and the' Vigilant Engine Company No. 1, and all other such Fire Companies in the city as may hereafter, be organized and ad- mitted to said Department by the Mayor and Common Council. Any such company having the number ..•of members required by this ordinance may be so admitted to said Department by the Mayor and Common Council upon recommendation of the Board of Fire Delegates, expressed by a resolution of that body. Sec. 216. 1-lovV governed. The government of the Fire Department is hereby vested and reposed in a Chief of Department, a First and a Second Assistant Chief of Department, an Engineer, and a Board of Delegates composed of three delegates to be elected by each Engine Com- pany, three delegates by each Hook and Ladder Company, and two delegates by each other Company in the Department. Sec. 217. Election of officers. An election shall be held on the fourth Thursday of August in each year, for the election of a Chief of •Department and the First and Second Assistant Chiefs. The time and place of hold- ing said election shall be designated by the Board of Delegates, who shall cause notice thereof to be given by the Secretary of not less than ten days next preceding. said election; said notice to be published once in some newspaper published in the city. Sec. 218. Officers of Election and hoo conducted. Two judges and two Clerks of 'Election shall be appointed by the.,Board. of Delegates -and sworn' to faithfully perform their duties, and shall constitute the Board- of Election. Any vacancy in the Board of :Election may be filled by the members of said Board present at the poh, or if none of said Board are prevent, then by a majority, of the voters present thereat. The voting shall be by ballot, and the. person receiving the highest number of votes for each of the offices respectively shall be declared to be elected to such office. After the polls are closed the Board of Election shall immediately count the votes, and shall seal up and deliver the tally -lists kept and ballots deposited, to the Secretary of said Board and within . five days thereafter, certify the result to the Board of Delegates. Said election officers shall receive for their services one dollar each. The Board of Delegates shall, within ten days, examine 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 successors are elected and qualified. Sec. 219. Election to Board of Delegates. On or before the 15th day of September after said election, each Fire Company in the Department shall elect from its members its quota of delegates to,. constitute the Board of Delegates aforesaid, and the delegates so elected shall hold office for the term one year from the fourth Thursday of Sep- tember, and until their successors are elected and qualified. Sec. 220. Vacancies. In case of a vacancy in the. offfee of Chief, or either of the Assistant Chiefs, the Board of Fire Delegates shall have the power to appoint for the unexpired term. In case of a tie'vote in the election of a Chief, or either of the Assistants, the Board of Delegates shall order u new election. Sec. 221. Who may vote. At elections held for the election of Chief and Assistant Chiefs, each member of any Fire Company in the Department may cast one ballot, providing such member is in good standing. Sec. 222. Organization of Board of Delegates. k` On the fourth Thursday of September the delegates elect shall meet and organize the Board of Delegates for the ensuing year. They shall elect a President of the Board, who shall be one of their own number, aad a Treasurer and a Secretary; of the Fire Department, each of whom shall hold office fora one year, and until his successor is elected and qualified. The Secretary so . elected shall receive a salary of $10 per annum payable quarterly. `A majority of the Board shall be a quorum, and the President shall preside at all meetings- thereof, when present, giving the casting vote in case of a tie. Sec. 223. Polder of Board. The Board of Delegates shall have, power to make all needful rules, regulations and by -laws for the government, regulation and management of said Board and its officers, and of the Fire Department, the same not being inconsistent with any law of this State or any ordinance of the city. They shall hear all contested elections of the Chief or Assistant Chiefs, and a majority vote of the Board shall decide who is entitled to such office. They shall have a general supervision of all officers of the Department, and of the management of all property of the Department, and of all city property in the, hands of any com- pany; designate and control the expenditures of any money's provided them by the Mayor and Common Council They shall try all members and officers of the Department, or of any com- pany, for refusal to obey all lawful orders of the Chief or As- sistant Chiefs, for the violation of any rule, regulation or by law of the Department, or for gross misconduct, and mayeensure, suspend, remove from office or expel from the Department the officer or member found guilty thereof. __ ._.. _.T..__ .—..��....._- --fir —� - ••wTR^— .sq...�'�.'. - _ "'— "r "..RR'". —'_ _.._.__... ._._,vSeT— _.�_._,. —_—.__ . . , . ,. "I Sec. 233, Placing of stove pipes. It shall be unlawful for any person to put up; erect, maintain or keep any stove -pipe or smoke -flue, except of brick or stoney in any building within the corporate limits of the City of Gilroy, unless the same be secured from contact with wood, cloth, or onmbustible' material, as in this ordinance provided, as follows: When passing through partitions or ceilings, such stovepipe or flue shall be enclosed by a double cylinder, or thimble, with two ' inches space 'between the inner and outer cylinders, or by brick `and mortar. When passing through a roof the said pipe or flae PART. 1,11• v REVENUE AND TAXATION. 4, CHAPTER I.— GENERAL PROPERTY TAXES. ,,CHAPTER II: LiCENsE TAXES. CHAPTER III. —WATER WORKS. CHAPTER GENERAL PROPERTY TA�ES•' Sec. 250• Property subject to taxation. All property - within this City, except the property of the to United States of the State of Califforn a, p� or p operty used Clara and of the City of Gilroy, growing exclusively for Public Schools, or exempt under the laws of the United States, is subject to taxation. Sec. 251. ?Meaning of terms.. "Real Estate, Improve - - Whenever the terms "PropertyValue" "Full Cash Value," meats," "Personal Property, "Growing Crops," "Credits" and "Debts" are used in this Ordi- nance, they are used in the sense in which they are used and as they are defined in Section 3617 of the Political Code of this State. Sec. 252. 1-lovc� property shall be assessed. / All taxable property must be assessed at its full cash value. The proportionate value of the capital stock of corporations, associations, and joint stock coomppaanies purposes of their es principal ni and Place of business in this Ci •y, f p P taxation, shall be its market value, deducting therefrom the value of all property assessed to them in this City or elsewhere of which such capital stock is the representative; land and im- provements thereon shall be separately assessed; cultivated and uncultivated land of the same quality and similarly ofttrre shall be assessed at the same valuewhich ardebt is secured, shA_ contract or other obligation, by for the purpose of assessment and taxation, be deeemCe tna treated as an interest in the property affected thereby, P 'to railroad and other quasi publ corporations; ected by such mor mortgage, so secured the value of the property deed of trust, contract or obligation, less the value of such security, shall be assessed and taxed to the owner of the prop erty, and the value of such security shall be assessed and taxed to the owner thereof. The, taxes so levied shall be a lien upon the property and security, and may be paid by either party to gpch security, if paid by the owner of the security, the tax so levied upon the property affected thereby shall become a part of the debt so secured; if the cwner of the property shall pay the tax so levied on such security, it shall constitute a payment thereon, and to the extent of such payment a full discharge indebtedness thereof; provided, that if any 'such security °tor assessment, shall be paid by any such debtor or debtors of and before the fax levy, the amount of such levy may.likewise be retained by such debtor or debtors, and hall be computed according to the :tax levy for the, preceding year. Ssc• a53. �utY of xlssessor• /4 - V � The City Assessor gust, between the first Monday of May and the first Monday of August of each year, ascertain the names of all taxable inhabitants, and all property in the city subject to taxation, and must assess such property to t se person os by w4om it was owned or claimed, or in whose 1 control it was at 12 o'clock M• of the first Monday of May neat proceeding; but no mistake in the fame of the owner or sup- posed owner of real property shall render the assessment thereof invalid. In assessing solvent credits not'secured by mortgages or trust deed, a reduction therefrom shall be made of debts due to bona fide residents of this State. He must exact from each person a statement in writing under oath, setting forth specific Tally all the real and personal property owned by such person or in his possession or under his control at twelve o'clock M. on the &s Monday iu May; such statement shall show separately: 1 —A#1 property belonging to, claimed by, .or in the possession kt or under the Control or rnanagement of such person, 2 l pxvporty� belonging to, or, elaimed by, or in .tlte. possession, or wader. tho csgntrol or insa dement of any, firm of which snob arson is a tneuab • 3,- The ,capital, stock and, all prokp y lr, � . jig elaixned by, ox is the.possessios, or under, the eon1;ol oat manaen °.f, any` corporation of which such' person. °ie Gariluej or, Mauagtug Agent, 'J -T X'�e ' t . >. w, that the same is situated within the ,City. °5 —Au {exact descrip- tion of all lands in parcels or subdivisions not exceeding Six Hundred and Forty Acres each, • Improvements and personal property, including, all taxable, State, County, City, or. other municipal or public bonds, and the taxable bonds of any person, firm or corporation, and the ,certificates of shares of the capital stock of any corporation, association or joint stock company not having its principal' place of business in this City, and deposits of money, gold dust or other valuables,. and the names of the persons with whom such deposits are made, and the places in which they may be found, also all mortgages, deeds of trust,, contracts and other obligations by which ,a debt is secured, and the property, if within the City, by which the same are secured. 6 —All solvent credits. unsecured by deed of trust, mortgage or other lien on real or personal property, due or owing to such person, or any firm of which he is a member, or due or owing to any corporation of which -hey is President, Secretary, Cashier or Managing Agent, deducting from the sum total of such credits, such debts only, unsecured by trust, deed, mortgage . or other lien on real or personal property, as may be owing by such person, firm or corporation to bona fide residents of this State. No debt shall be so deducted unless the statement shows the amount of such debt as stated under oath in aggregate; pro- vided in case of banks the statement is not required to show the debt in detail or to whom it is owing, but the Assessor shall have the privilege of examining the books of such banks to verify stieh statement. Whenever one member of a film, or one of the proper officers of a corporation; has made a statement showing the property of the firm or corporation, another mem- ber of the firm or another officer need not include such property in the statement made by him; but his statement must show the namA of the person or officer who made the statement in which such property is included. Sec. 254. Blank statements and aGffidavits•,%4- 19 v 394 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 substantially as follows: 1, - - - -, do swear that T' am a; resident . of the City of Gilroy; that the above list contains a full and correct state- ment of all property subject to taxation which I.oi any firm of ' which I am a member, or any corporation, association of com- pany'of which I am Preside, �%ashier, Secretary, ar lhnaging Agent, owned, claimed, possessed or .eontrollpd atJ2 o',qloek M. on the first Monday in May • lasts and which is not already' as- sessed this year by the City; and that I have not in any manner whatsoever transferred or disposed. of any property, or placed any property out of the City of Gilroy or my possession, for the purpose of avoiding any assessment upon the same or of making this statement; and that the, debts therein stated as owing by me, are owing to bona fide residents of this State or to firms or corporations doing business in this State., ` The affidavit to the statement on behalf of a firm or corpor- ation must state the principal place of .business of the firm or corporation and in other respects must conform substantially to the preceding form. Sec. 255• Assessor to make assessment 0hen. 3 If any person, after the demand made by the Assessor, neglects or refuses to give the statement herein provided for, the Assessor must note such refusal on the Assessment Book, orposite his name, and assess the property of such person at a value estimated by the Assessor, and the value so fixed shall not be reduced upon equalization. 11 Sec. 256• May subpoena Witnesses• % ~ v e -21! ' The Assessor may subpoena and. examinemitnesses in relation to the statement mentioned in Section 4, and upon; the neglect or refusal of any witness to attend for said purpose, the Police Justice may enforce his attendance by subpoena, and upon fail- ure to ,appear and testify, may impose a fine not exceeding Twenty Dollars. The Assessor must 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 'Uri - known owners. Property held by any person as agent, bailee, trustee, guardian, executor or administrator, must be assessed to him, in such representative capacity, separate from his individual property.; Each person, firm or corporation owning-. or having in his,or its possession any of the shares of the capital stock of any corporation, association or -joint stock 'company shall be assessed. therefor. If the corporation; association or joint stock company has its principal place of business in this City, the assessable value of each share of its stock shall be ascertained by taking from the market value of its entire capital stock the , value of all property assessed to it, and dividing the remainder by the entire number of shares into which its' capital stock is divided. The owner or holder of capital stock, in corporations, associations or joint stock companies whose principal place of business is not within the City, must be individually assessed for such stock. Shareholders in the statement.required'by Sec - tion 253. of this ordinance shall specify the number of shares of stock held by them and the name of .the corporation;`: lie own- ers of shares of stock, to be entitled to the deducti6it,;- provided for in this section, must produce to the Assessor a certificate of the assessment of the property of the corporation, association' or joint stock company. Sec. 257• Property, W2illfullr,- concealed. A r ' Any property willfully concealed, rempved, transferred,, or misrepresented in value by the owner or his agent, must, I upon discovery, be. assessed by adding fifty per cent. to 'its> value and •. `such' assessment shall not Tae redh,ced by equalization... } N Sec; 2V 'Assessment . Book: The Assessor must prepare an 4ssessment Book; with appro priate headings and with names of persons alphabetically ar- rangod,,iu which must be, listed all ,property within' the,., Cityy andiu which must be. specified ins separate-`columns ' im,cj, r -the appropriate head: First = The name, of the person to whom the property is as- sessody; when .known; and if unknown, the words "Unknown Owners_" Second —All lands within the City limits, with a description sufficient to identify the wine, describing -, the same by the lots and blocks on the maps of the surveys, when the.same,are'knowIn to the Assessor, and improvements thereon; provided, that lots unimproved and similarly situated shall be assessed at the value as improved lots. Third -411 personal property, showing the number, kind, amount and quality; but a failure to enumerate in detail . such personal property. does not invalidate the assessment. Fourth -! The cash value of lands assessed. Fifth - The' -cash value of improvements on lands: . Sixth —The cash value of improvements on real estate assessed to others than the owners of the lands. Seventh —The cash value of all personal property exclusive. of money: Eighth The amount of money. Ninth -The. total value of all property. Taxable 'improvements owned by any person, firm, ,association `or corporation, located upon lands exempt from' taxation; shall, as to 'the manner 6f assessment, be assessed as other ' real estate upon the assessment roll. _.. No value shall, however,;, be assessed against the exempt +land; nor a der any 'cixeunistances shall the 1 -and be ,charged: with, or become responsible for the assessment mtade again- (,'any,taxable improvements located. thereon. When =any property, except.;that.owned by a railroad or other •quasi public corporation, is subject to.. or,affected by a mortgage, deed of trust, Ooonatract or other obligation by which a debt is secured, . he mustenter in the 'proper column the value of such security and deduct the same. In.'entering assessments cont iaining solvent credits subject to deductions, as provided in Section 253' of this Ordinance,'ll must enter in the proper column the value of the debts entitled to exemption and deduct the same. In making the deductions from the total _value of property assessed, as above directed, he must' enter the remainder in the column provided for the total value of all property for taxation. Where the capital stock of any corporation, association or any joint stock company is assessed as provided in Section 256 of this * Ordinance, the value of all property for deduction trust be entered in the proper column, and he must deduct the same from the market value of said capital stock, and place the re- mainder in .the' column provided for the total' value of all property for the, taxation. Each franchise must be entered upon the assessment roll without combining the same with other property, or the valuation thereof. The form of the Assessment Book must be substantially the same as the form of Assessment Book provided for County Assessors by Section 3651' of the Political' Code of this State, with such changes in its headings as will, make it conform to the provisions "''of the last preceding Sections of this Ordinance, the word "city" being substituted for the word "County ", in said form. Sec. 259. 'When ,to be completed. /4 G tw 3 1 The Assessor' must' complete the ` Assessment Book on or before the first Monday of August in each year. He must take h�. and siib nkie ati a'ffidavit in said book, substantially as follows: City Clerk of the City of Gilroy, do swear that between the first Monday in May and the first Monday in August, A. D,19 —, I have made diligent inquiry and examination to ascertain all the property within the City t+u,�a Oct to ,assess.- ment•by nie, and that .the same has been assesse the,Assess- ment Book `equally and uniformly, according, to the,ast of my judgment, information and belief at its full cash valuer" std that I have ianthfully complied with all the duties iiripose the A s '�er he revenue Ordinance, an than I hate mat tp nnust assessxltent° through malice or ill will, nor, nra , .,savor or rewaret: - t thoAflure'to lako, and subscribe�to such an a`ffi4'aviV or ariy atfl 6 vit "Will 416t in-a,4 manner afFoct`t` °lie`validity'df the asse'Js- �' dent. Tb e�nabl`e tHe ^Assessor to `perfd'rrih Iii- duties . 'in �irakig atitth= aasessMi tit;`the City`Clerk shall proc`txre, at the egpe'iisb'of ' *he`C fty, a %opy Ws64Auch of the abstgradt "nietitidnod' in'S6MO. n 301 f. thePolitieal „Code df t-ho State �o'f'Calif6rnia us telatd§ to wYnatitagesf do ds of trust, contracts br 'any other 'Obligation by �volritrh a'c1e'bt is secured and'affecting real property 'within "tile City'Azl fililroy. Should any such abstract be ,foutd'to'contain qny instrument relating to °land sit'uatedwithout as Well as `with- to ills City limits,;' or mortgaging . or pledging "t ivt, or more :.subdivisions'of lancT within'the City, the Assess . or the-amount of'asses!§mbnt ,to be deducted from the portion `lyiirg wftrhin the City; br eh subdivision thereof, as I the 'ease maybe, on account of assessment again i list 'said- nstrumdnt. Any �sse'ss- ment` on a mortgage or Aced of trust which has been erroneous - ly taxed to the mortgagee or panty loaning the "money, wlti'en the same liar boon 'paid or satiAledl prior 'to the first Mdriday, in "1VIay; shall be valid` only as against 'the zeal 'estate from the assessment on which a deduction has .abdeii 'previously made. -Wheu partial payments have been made on a debt secured b' ih'brtgago irtt'deed of trust the owner is authorized to make the lSroper' dedui*1011 , listing only the balance due'bn the fi'rat Ao - day in May: I `°TheoUty Council bust 'rbvide for tile, payment of tl o expet'so,df procuring -rich copy of said ab4idc''t. Sec 260. Liability of �(ssessor• The Assessor apd'. his sureties are Iraiile oil has °;official 'Bond fb'r thte taxes 64 aid property within the City left uuassessed through ill's wilful, fzl luf e or nealoet: Sec. 261. y' MU de deliver book to Council. On the first Monday of Augtist� of each year the Asses,sor shall deliver the Assessment Book to the Common Council; who shall immediately give notice by'publiteation in some newspaper pub- ; dished in the City, that they will meet ate a time and place in said notice mentioned to equalize f& as'sesameYit of tapes. Said notice to be publis§hed not, Yeas than one week prior to Said meeting` Until such meeting. ” The Assessment Book " shall - remain in the office of the' City' i:lerk. Sec 262. Council to equalize taxes. { c4 .J G* On the day of� the meeting m�rit°ibned i t tt3 prebetltn ectfoh the Common,, YCouncilY s}t, ":rrtubtA 'at' diie' Y3e' named" in thb notice, and proceed . to equalize the taxes and shall continue their session for that purpose from day to day until the equal- ization is completed, not exceeding two weeks from its first meeting. In making the equalization the Common Council shall be governed by the same rules as are provided, and shall have the same powers as are conferred upon Boards of Super- visors of counties by Sections 3673, 3674, 3675, 3676 and 3677 of the Political. code of this State in making equalization of county taxes, and the: City Clerk shall note down all - changes, correc- tions and alterations by them made, and after the adjournment of the meeting enter the same upon the Assessment Book. During the sessions of the Common Council for the purpose of equalizing the assessment, it may direct the Assessor to assess any taxable property that has escaped assessment, and may equalize the same as other property. Sec. 263. City Clerk to enter changes. A - or(' r As soon as the equalization is completed the City Clerk shall add up the valuations and enter upon the Assessment Book the whole valuation of each kind of property, and the whole valua- tion of all property assessed to each person, and must complete and enter in & separate column in said book the respective sums in dollars and cents (rejecting the fractions of a cent) to be paid on ,the property of each respective taxpayer, and foot up the columns, showing the total amount of taxes and the total value of the property taxed. Sec 264. Council to fix rate of taxation. /j Immediately after the completion of the equalization, the Common Council shall fix the rate of taxation for City purposes upon the taxable property in the City, designating the number of cents on each one hundred dollars of assessed value levied for each fund not to exceed fifty cents on each one hundred dollars for general purposes, and fifty cents on each one hundred dollars in any one year for special purposes. Sec. 265. Taxes to be a lien. r! o- Every tax herein provided for has the effect of a judgment against the person, and every lien created by this Ordinance has the force and effect of an 'execution levied against all the property of the delinquent. Such judgment is not satisfied, nor such lien removed, until the taxes are paid or the property sold for the payment thereof. Every tax due is a lien upon the real property of the owner thereof, and such lien for taxes due upon personal property shall take effect and continue from and after the time such personal property is assessed. Every tax due Upon improvements upon real estate assessed to others than the owner of said real estate is a lien upon the land and improve- ments thereon; which lien attaches on the first Monday of May in each year. Sec- 266• City Clerk, must deliver assessment book to Tax Collector. Xis - �� On or before the first Monday in September in each year the City Clerk must deliver the corrected Assessment Book to the City Tax Collector, with his affidavit attached thereto as fol- lows: 11 - - - -, City. Clerk of the City of Gilroy, do swear that I have kept correct minutes of the Acts of the Common Council of said City touching the equalization of assessments contained in the Assessment Book for the year A. A. . That all alterations agreed to or directed to be made, have been made and entered in the book and that no changes or alterations have been made therein except those authorized. That I have reckoned the respective sums due as taxes and have added up the columns of valuations and taxes as required by law. The corrected Assessment Book so sworn to and delivered, shall be styled " The Assessment Book." Sec. 267• Tax Collector to be charged. 14 f On delivering " The Assessment Book" to the Tax Collector the City Clerk must charge the Tax Collector with the full amount of taxes levied, and take his receipt for the same, If The Assessment Book is transferred from one Tax Collector to another, the City Clerk must credit the one and charge the other with the amount outstanding on said book. Sec 268. Tax Collector must publish notice. r Within ten days after the receipt of The Assessment Book the Tax Collector must publish a notice specifying: First. That taxes for City purposes will become delinquent on the third Monday of October next thereafter and that unless paid prior thereto, five per cent. will be added to the amount thereof. Second. The time and place at which payment of taxes may be made. The notice shall be publisbed two weeks in some newspaper published in the City. Sec. 269. Tax Collector to give receipts. The Tax Collector must mark the date of payment of ) any tax Assessment Book of the p erson p aying, and a• © receipt therefor specifying te amount Sec 276• Redemption of property. „ {� -- of the assessment and the tax paid, with a description of the Redemption of the property sold may be inade by the owner property assessed. or any party in interest within twelvo months front the sale thereof. It must be made in gold coin, and when inade to the Sec. 270. When taxes are delinquent. City Treasurer, he must credit the person named in the certih- On the third Monday of October of each year all unpaid sate, and pay it on demand to said person or his assigns, retaining three per cent. thereof as his fees therefor. The City taxes are delinquent and thereafter the Tax Collect -or must thereon for the City, the additional amount of five per Treasurer shall write upon the face of the certificate, "This collect No taxes mast be received from the third to the fourth certificate cancelled and the property redeemed," giving the date cent. Monday in October of each year. of redemption, by whom made, and signing his name to the same; and shall deposit the same with the City Clerk, where it Sec. 271. Tax Collector to settle With Treasurer. shall be a voucher to the City Treasurer, and notice to the Tax On the first Monday of each month the Tax Collector must, Collector of the redemption. The City Clerk, on receipt "Redeemed" with the City Treasurer, and on the same day file with of the certificate, shall enter the word on the settle the City Clerk his statement under oath, showing the amount Assessment Book opposite the pioperty sold. of taxes received by him during the last month, and that all Sec. 277• Tax Collector to give deed. ' money collected by him as Tax Collector has been paid. If property is not redeemed within twelve months after sale, Sec. 272. Delinquent list. the Tax Collector shall make to the purchaser, or his assignee, On the fourth Monday in October in each year the Tax Col- a deed to the property, reciting in the deed substantially the lector shall deliver to the City Clerk a complete "Delinquent matters contained in the certificate, and that no person has List" of all property upon which the taxes are then unpaid and redeemed the proporty,such deed.shall divest the title of the owner the persons owing said taxes. Such list must contain a descrip- of said property, and vest the title thereof in the purchaser with - tion of the property taxed, the amount of taxes duo thereon and out incumbrance, against every person except the State and the names of the persons to whom the property is assessed United States; shall be conclusive evidence of the regularity of arranged in alphabetical order or properly indexed. all other proceedings, from the assessment to the execution of the deed, and shall be evidence of all the facts, and in like Sec. 273. City Clerk to make charges. manner, as provided in Section 3786 of the Political Code of this The City Clerk shall compare the Delinquent List, with the State in reference to deeds inade by County Tax Collectors upon Assessment Book, and if found by him to contain the facts sales for State and County taxes. therein required, he must make a settlement with the Tax Collector of all taxes charged against him on the Assessment Sec. 278. Tax Collector may seize personal property for Book, charge him with five per cent. on the total arnount of taxes•! �;.• delinquent taxes, and credit him with the amount of all taxes The Tax Collector may after the first Monday in September col- collected by him on the Assessment Book and paid to the City lect the taxes due on personal property, unless there is real proper - Treasurer. In making such settlement he must require the City ty listed; which is liable therefor, by seizure and sale of personal Treasurer's receipt, which shall be in duplicate, to be presented property of the delinquent. The sale must be at public auction and filed as a voucher; and shall within throe days return the after one week's notice of the time and place of sale, given by Delinquent List duly certified to the Tax Collector. On receipt posting in three public places in the City, of a sufficient amount list the Tax Collector shall enter thereon, in a column of property to pay the taxes, percentage and costs. The unsold of said for that purpose and opposite the names of the persons assessed, part of the property may be left at the place of sale at the risk the total amount of taxes due by them respbctively, including of the owner. For seizing and selling personal property in each the five cent. added upon the amount of the assessment as case, the Tax Collector may charge three dollars, to be collected per all costs for preparing and publishing the said in addition to the tax. equalized, and list. Sec. 279. Sale of personal property. /Sec. 274. Delinquent list to be published. On payment of the price bid, the delivery thereof, with a bill On or before the second Monday in November the Tax Col- of sale, vests the title thereof in the purchaser. All excess of lector must publish the Delinquent List once a week for the proceeds over the taxes, percentage and costs must be paid three successive weeks in some newspaper published in the City, to the owner of the property sold; and if he be absent, deposited or a supplement thereto, issued at the same time as a part of with the City Treasurer, subject to his order. said newspaper to its subscribers. He must append to said list and publish therewith a notice that unless the taxes delinquent, Sec. 280. Collector to make returns. /1 the percentage added, and the costs are paid, the real property On the first Monday of March, annually, the Tax Collector upon which said taxes are a lien, will be sold at public auction roust attend at the office of the City Clerk, with the Delinquent to pay the same, at the time and place in said notice mentioned, List, and the Clerk must compare. said list with the Assessment and such publication shall designate the time and place of such Book, and mark " paid " on all property paid on the said list. sale. The time of sale must not be more than twenty -eight nor The Tax Collector must then take and subscribe an oath entered less than twenty -one days from the first publication, and the upon said list, " That every person who has paid thereon has place shall be in front of the office of the Tax Collector. been credited, and that he has been unable to discover any Sec. 275• Tax Collector's duties in selling property for property of the other persons therein named whereof to collect their taxes." The City Clerk shall then foot up the amount of taxes• taxes unpaid, credit the Tax Collector with the amount, and 1st. On the day of the first, publication of said list and notice, with all taxes paid by him to the City Treasurer since the last the Tax Collector shall post true printed copies thereof in at settlement, and shall make a final settlement with said Collector least three public. places in the City, one of which shall be in retaining the Delinquent List in his office. front of the Postoffice, and one at the door of the Tax Collector's office, and shall file a copy thereof, duly certified by him, with Sec. 281. Corrections may be made. the City Clerk, with his affidavit, showing that the acts herein The Common Council may cancel any taxes on the Delinquent required have been performed. List which, in its opinion, cannot be collected. Those not 2nd. The Tax Collector must, in addition to the amount cancelled must be entered by the Assessor on the Assessment appearing on the Delinquent List, collect one dollar on each Book each year until paid or cancelled. Any taxes, percentage lot, piece or tract of land assessed, and one dollar on each or cost illegally collected, must be refunded by order of the assessment of personal property, one -half of which shall go to Common Council. If the Tax Collector finds that property is the city and the other to the Tax Collector in full for preparing twice assessed, he must collect but one tax, and return the the list. facts under oath to the Clerk. 3rd. On the day fixed for the sale, or on some other day to which the sale may have been postponed, of which he must Sec. 2 82• Mistake Will not void sale. 4 - give notice by outcry at the place of sale and at the time or When land is sold for taxes, no misnomer of the owner, or postponement on any day of sale the Tax Collector must, be- mistake in the ownership thereof, shall affect the sale, or make tween the hours of 10 o'clock A. m. and 3 o'clock P. m. proceed to it void or voidable. sell the property named in the list, and taking the names of the assessed alphabetically, continue until the sale is com- Sec. 283• Ossessor to collect personal taxes. persons pleted. He may postpone the day of commencing the sale or At any time after making his assessment and before the first the sale from day to day, but the whole must be completed Monday of August, the City Assessor shall ,collect taxes, by within threw, weeks from the day first fixed. seizure and sale, upon movable personal pmperV, when such 4b. The manner of conducting the sale, the rights of owners taxes are not a lien upon real estate. All the. provisions of this of property to be sold, he parcel of land designated for sale, the Ordinance governing the seizure and sale of personal property quantity sold, the re -sale of property not paid for, and the for taxes by the Tax Collector, shall apply to and govern the refusal of the Tax Collector to receive bids from persons failing City Assessor in the seizure and sale of property_ by him, and to pay their bids, shall be in all respects the same as provided he shall receive the same fee for his services. He shall be gov- for in the case of sales by County Tax Collectors for State and erned in the amount of taxes he collects by the rate of taxation County taxes in Sections 3773, 3774 and 3775 of the Political Code of the last year. When the rate is fixed for the year, any excess of this State, and all the provisions thereof are hereby made of that rate shall be refunded by the Common Council; if a applicable to sales by the City Tax Collector for delinquent sum less than the rate fixed be collected, the deficiency must assessments. be collected as other taxes are collected. 5th. Upon receiving the taxes and costs, the Tax Collector Sec. 284. ( Asessor to make settlement. shall make a certificate in duplicate, dated on the day of sale, stating to whom the property was assessed, On the first Monday of each month the City Assessor shall a description of the land sold, the amount paid there - make a settlement with and pay to the City Treasurer all for, that it was sold for taxes, the amount of taxes and year of moneys collected by him for taxes during the preceding month. the time and manner of sale, and the time when the He shall note on the Assessment Book, opposite the names of assessment, purchaser will be entitled to a deed. He shall sign the certifi- the persons paying, the amount. of tax collected, and the amount cates and deliver one copy to the purchaser and the other to the of excess or deficiency, as soon as the rate is fixed. City Treasurer. He must also enter in a book kept for that pur- pose, a minute of the facts related in the certificate. On the Sec. 285. Tax Collector to report irregularities• delivery of the certificate to the purchaser, the lien of the City If the City Tax Collector discovers that, on account of any vests in him, and is only divested by the payment to him, or to 4.1— Trnncnrar_ to his nse. of the Aurchase money and fifty defect, irregularity or omission in the assessment of real estate, the same should not be sold, he must report the facts to the Mayor and Common Council, who may direct it to be with- drawn from sale and carried into the Assessment Book of the next year, and be therein taxed at its value for the last year's assessment, in addition to its assessment for the current year. Sec. 28-6. Informalities not to invalidate assessments. No assessment shall be illegal on account of informalities therein, nor because the listing is not completed at the time in this Ordinance provided; and the Assessor may add to the as- sessment any property discovered by him subsequent to the return by him of the Delinquent List to the Tax Collector. Sec. 2 87. (Mortgaged or pledged property. Personal property mortgaged or pledged is deemed to be the property of the person in possession. Sec. 288. ;~low taxes must be paid. Taxes must be paid in gold coin, or in silver not exceeding sums of ten dollars, of the United States. CHAPTER 11. LICENSE TAXES. ARTICLE I.— GENERAL PROVISIONS. ARTICLE II.— CLASSIFICATION AND CHARGES. ARTICLE III.-LIQUOR LICENSES. ARTICLE I. GENERAL PROVISIONS. Sec. 300. License required. It shall be unlawful for any person, firm or association to pursue any business or occupation hereinafter named in the City of Gilroy until he, she or they shall have procured a license therefor, as hereinafter provided. The license shall be posted in a conspicuous place in each place of business. Sec. 301. The Clerk to prepare blanks. The City Clerk shall procure blank licenses, with blanks for the insertion of the name of the party to whom issued, the name of the business or occupation licensed, the time for which it is granted, its date and the amount paid therefor. The license shall be signed by the City Clerk and countersigned by the Mayor, and they shall be kept by the City Clerk, bound in book form, with marginal stubs upon which he shall enter briefly the facts contained in the license at the time of issuance. Sec. 302. Clerk to keep a license book. The City Clerk must number all licenses and deliver them to the City Tax Collector in such numbers as may be required tak- ing his receipt therefor and charging him therewith, giving in his entries the number, nature and amount thereof. He must keep in his office a book, to be styled License Book, in which he must keep an account with the Tax Collector of all licenses de- livered to him, those sold by him, and those returned unsold. He must certify to a correct statement of the Tax Collector's account with the City Treasurer at the end of each quarter. Sec. 303. Unsold licenses. On the last judicial day in March, June, September, and De- cember of each year the Tax Collector shall return to the City Clerk all unsold licenses issued prior thereto, and the City Clerk shall balance and close the license account for the quarter year preceding with the Tax Collector, submit a detailed re- port of the same to the Mayor and Common Council at their next regular meeting, and credit the Tax Collector with the amount returned by him. He shall also credit him with ''tile amount paid to the City Treasurer on account of licenses, upon presentation of the Treasurer's receipt therefor. The Treasur- er's receipt shall be in duplicate, one of which shall be filed with the City Clerk,. Sec. 304. License fees payable quarterly. All license fees, except as herein otherwise provided, shall be paid in lawful money of the United States, quarterly, in advance, between the first and tenth days of April, July, October and January of each year, and if not so paid shall become delinquent; and every person thus becoming delinquent shall pay to the Col- lector, for the use of the city, an,additional ten per cent. over and above the amount herein prescribed for such license, provided, however, that when any business shall be commenced after the beginning of the current quarter, a license shall be issued for the remaining portion of said quarter and a pro rata sum received therefor; provided, that no less than $2.00 shall be charged for any license so issued. Sec. 305. Duties of Tax Collector. Ist. The City Tax Collector shall keep in his office a "License Book," in which he shall enter the naive of any person, firm ' or association to whom a license is issued, the character of the business or occupation licensed, the term for which the license is granted, the date of the license and the amount received therefor in each case, and furnish the Mayor and Common Council with an abstract thereof for the month just ended at each of its regular meetings. 2nd. The Tax Collector' shall keep his office open and be pres- ent thereat between the hours of 11 o'clock A. x. and 1 o'clock r. x. of every day, Sundays and holidays excepted, and all applica- tions for licenses shall be made to him at his office 'during; the hours above named, and no demand for, or notice to pay a license tax need be made or given by him therefor. i 3rd. In all cases when it becomes neo k -nary i ids r t}Ze provis- ions of this Ordinance to estimate the iini,uut of !uuui c_ �1� .� or receipts of the persons, firm or association applying for a license, in order to determino the sum to be paid therefor, the party applying therefor must make the estimate and file with the Tax 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; and upon the failure of the party applying for the license to make and file such statement as aforesaid, the Tax Collector may make an estimate of the same and the license shall be issued to con- form to such estimate. 4th. In the event that any person, firm or association herein enumerated, who are liable to pay license tax, fail or neglect to obtain such license as. herein provided for, and engage in any business or occupation herein named, it shall be the duty of the Tax Collector to institute a civil suit in the name of the City of Gilroy for the recovery of the amount that such person, firm or association is liable to pay therefor in any, Court of competent jurisdiction proceeding by attachment when deemed necessary, but no such suit shall be deemed a waiver of the right to pros- ecute and punish such person, firm or association for a violation of any provision of this Ordinance. Sec. 306• Duty of ("Marshal and Policemen.lZ�� It shall be the duty of the City Marshal and every Policeman of the City to prosecute all persons who violate any provisions of this Ordinance, if known to such officers, and upon the con- viction of such person the officer so prosecuting shall receive. one - fourth of the fine collected, after deducting the costs of prosecution. ARTICLE IL 1c1� CLASSIFICATION AND CIIAROES. Sec. 310. Auctioneers. For selling real or personal property at public outcry the sum of Seven Dollars per quarter, or for a single day, Two Dollars. Sec. 311. Bankers.i.yv, r <1 t'J i`ta For banking, loaning money, buying or selling exchange or receiving bullion or money on deposit the sum of Seven Dollars per quarter. a Sec. 312. Billiard tables •u For Billiard Tables, or Bowling Alleys kept for hire, for each table the sum of Two and one -half Dollars per quarter, and for each pair of alleys the sum of Five Dollars per quarter. and Agents• u S Sec, 313• Brokers ,<<�. F t x?, tr# . . For buying and selling real estate as the agent or factor of another, the sum of Two Dollars and fifty cents per quarter. For buying or selling grain, fruit or other agricultural pro- ducts as the agent or factor of another, the sum of Two Dollars and fifty cents per quarter. Sec. 314. For each laundry or wash-house 'or other place of business 1 <' where washing and ironing are done for the public, the sum of - Five Dollars per quarter. Sec., 315• Circuses and menageries. { For-any exhibition for pay, of any circus, equestrian or acro- batic performance, Twenty -five Dollars in advance. For each caravan, menagerie or collection of animals for each show for pay, Five Dollars in advance. For each show for pay of any figures, jugglers; magicians, wire or rope dancing, or freaks, or any side -show accompanying any circus or menagerie, Three Dollars in advance. Sec. ` 316. Theatres and exhibitions. i For "each theatrical performance, opera, concert, exhibition given by minstrels, panorama, magic lantern or scenic enter- tainment, dancing or ballet, and shows of any kind not herein - before mentioned, for the first performance Three Dollars; and for each subsequent performance, when a series of exhibitions are given on consecutive days by the same party or parties, Two Dollars; provided, that the proprietor or lessee of any theatre, hall or place where such performances or exhibitions are given, may secure for the same a quarterly license for Ten Dollars, paid fully in advance, or an annual license of Twenty Dollars paid fully in advance. Sec. 317• Carriers and For each express company doing business or maintaining an office or agency in this City, Five Dollars perquarter. Sec. 318. Merchants.Cx � , ,tt.c A �, e a . For the business of selling at wholesale or retail, except as herein otherwise provided, at any fixed place of business within the City of Gilroy, any goods, wares, wines, liquors, groceries, jewelry, books, stationery, drugs, medicines, furniture, wood, ironware, hardware, lumber and all other articles of merchan- dise, quarterly, the sum hereinafter mentioned, according to his or her or their average monthly sales, as in the following sched- ule provided: First Class — Monthly sales over $6000, the sum of Fifteen Dollars per quarter. Second class — Monthly sales over $4000 and under $6000, the sum of Twelve Dollars per quarter. Third class — Monthly sales over $3000 and under $4000, the sum of Eight Dollars per quarter. Fourth class — Monthly sales over $2000 and under $3000, the sum of Sig Dollars per quarter. Fifth class— Monthly sales over $1000 and under $2000, the sum of Four Dollars per quarter. Sixth class — Monthly sales under $1000, the sum of Two Dollars and Fifty cents per quarter. f Sec. 319 Peddlars.Av -YLy ,,i� :l i For the business of soliciting or canvassing for the sale of books, maps or pictures, the sum of Five Dollars per month. For the peddling of grain, hay, farm products, vegetables, ____�_ -- ..14.,- noon h„t.tAr and cheese not the produce without samples, the sum of Five Dollars per day, or if paid for Sec. 342. providing for the Withdra0al of partners` Sec. 334. Telegraph and telephone companies,�� one month, the sum of Fifteen Dollars per mouth -fully in ad- ;� For each telegraph; company doing business. and maintainin vance; provided, that nothing herein contained shall be deemed tion need be,made, but the remaining person shall couduct,a eh an office or, agency in this �City,:Two Dollars and Fifty cents _1" to apply to employees of any established business house of this keeping any of the places in this Section above mentioned, or t per. quarter., For, each telephone companydoing business and main - city canvassing or soliciting sales for their goods; or to can- license has been granted shall be thereafter interested therein. taining an;office or, agency in the City, Five Dollars er quarter. 2 vassers or solicitors of established wholesale dealers who shall ing obtained a license therefor. S Sec. 335• ZVtckel s in- the -slot machines. c "` ?'SOU 1; canvass or solicit orders from established dealers only. ` When it appears to the satisfaction of the Common Council For the business that there is probable cause to believe that any person holding For the business of keeping an omnibus, stage, coach, hack, a of conducting or maintaining a mechanical Sec. 320. flab and feed 1'ard.�,�.:...,. �- �. �,• <, �„- rl.,t`�;:- 1G��� -- °- •. machine_ or device commonly known as a nickel -in -the -slot f , For the business of keeping a ha yard, barn or corral, shed or limits for hire, and for the business of 4 machine, which upon the deposit therein of a 5 -cent piece or, , p other building or inclosure for the sale of any animals, hay, for the service of summons in a civil action under the provis- ` piece of metal or other object in shape and size similar to a grain or wagons, or feeding the animals of other persons, the one place to another within the City limits; by'the load or job for c a 5 -cent piece, ejects or delivers coins or money of any descrip -. sum of Three and one -half Dollars per quarter. and place therein specified, to show cause why the permission ,i tion, a license Two Dollars and Fifty cents 9 per quarter for , l Sec. 321. Hotels, boarding and lodging houses. Dollars per quarter; when more than $200 and less than $300, d each machine so used. - ICLE III. For .the business of keeping a public hotel, boarding house or Council shall proceed to hear the proofs adduced in support e^ 33$ -m"i LIQUOR LICENSES. ; (`r "' ' { �X7 S` J lodging house, a quarterly sum according to receipts averaged monthly as follows: F t' ar,�.3 - a 7 a 5 c X340- Amount of license.ta „, R�.�u} ����r�,.25► �2� }2, 240- Zt1-20�- '�"��'� First class —The monthly receipts being $1000, and over, the this Article, or of the bond given, has been violated, then by an For -the business of selling -or dispensing wine or spirituous or sum of Eight Dollars per quarter. the sum of Five Dollars per quarter. p malt liquors in any saloon, bar -room, grocery or other place in Y-. Second class —The monthly receipts being under $1000 and and declare the bond given forfeited. the city of Gilroy, in quantities less than one quart or to be over $500, the sum of Six Dollars per quarter. \ drunk upon the premises where dispensed, Fifteen Dollars per Third class —The monthly receipts being under $5W and over 2`� WA'D'ER WORDS. uarter. �e�3gn�J� X6250, the sum of Four Dollars per quarter. Fourth class — Monthly receipts $250 or under, the Two ! � 1 Sec. 341. Application for license Sr% fi � rrt.,;± � (. 2 � 4 - sum of Dollars and Ffty cents per quarter. ARTICLE III.—REGULATIONS. f �1 No person or persons shall open or maintain any such place 1 t _ or places until be (or they) shall file with the City Clerk a, pe- Sec. 322. Livery stables and cycleries. f�rv��.,,e �`y (�- ci,, i� c' tition to the Ma Mayor and Common Council .for a license for such For the business of keeping a livery stable, livery and feed purpose. Said petition shall specify the block and .place where ' r stable, or cyclery, or any place where horses, vehicles or such business is to be conducted and shall set forth that the bicycles, or all of them, are kept for hire, or for hire and sale, applicant is a, person of. good moral character, and is a sober and where the monthly receipts are $500 or over, Six Dollars per suitable man to conduct such a place; and shall be signed by at quarter. Where less than $500, Four Dollars per quarter. s least five responsible residents of the City of Gilroy, owning real property on the street and within five hundred feet .of the /7 Sec. 323• Insurance agencies. °i`"4 �. rt';'-y!C,,,2(a�, -~ fi`i -���� �� `�,-J said 1 place or by a majority of ,property owners so residing: Said Each life, fire, marine, or accident insurance agent or agency i1 petition shall be considered by the Common Council at the next writing policies or doing business in the City of Gilroy shall ).U i regular meeting, or at a special ineeting field for that purpose, pay Two Dollars and Fifty cents per quarter; where the and ballotod upon. If approved by the ballot they shall order 3'` gross receipts from premiums paid to the agent or agency a license issued to the applicant upon his or their filing with Pp p � ) g are more than $300 and less than $600, Three Dollars per quar- the City Clerk -a bond, payable to the Ciiy of Gilroy, in the ter; when more than X6600 and less than $1000, Four Dollars penal sum of five hundred dollars, approved by the Mayor, with quarter; when in excess of $1000 Six Dollars q , , per quarter. two or more good and sufficient sureties, who shall each qualify Traveling or transient agents canvassing or soliciting in the in double the amount of the :penal su. in, of the bond, over and . City of Gilroy for any Insurance Company not having a fixed above all statutory exemptions, in property situated in the City agency in the City, shall pay a license of Five Dollars per of Gilroy; said bond to be conditioned that the principal therein quarter. named, while carrying on said business at said place will not A permit, on said premises, any breach of.the peace or disorderly Sec. 324. 'treat, fish and fruit conduct; nor permit any games prohibited by law; nor sell nor For the business of selling meats, fish and fruit, in any mar- give away any wine, beer or intoxicating liquor to any person ket place, public or private, the sum of Four Dollars per already intoxicated or under the age of legal, majority, -nor buarter. permit any minor to visit or frequent the place. The Mayor and Common Council do hereby expressly reserve the right to revoke, Sec. 325. Pawnbrokers. for good cause, any and all licenses, after the licensee has been ' For the business of Pawnbroker, or keeping a pa Nnbroker granted a hearing in his own ,,behalf, ,,due notice having been shop, the sum of Ten Dollars per quarter. ;previously given him of such intention. k k Q%' For keeping and running a public. Skating rink,; the sum 1, of Ten Dollars for the first month and Five Dollars for each suc • ceeding month so long as said rink shall be run: continuously. Sec. 331. Ring tossinq.C,_,,,,c._L.& 0, . i S z For, every ring- xossing game.or other liiVe device, Five Dollars per quarter, or Two Dollars per day if for less 'than one, ;quarter. n Sec. 332. Machine and bicycle peddlars. For the business of dealing in or selling, for ordinary house- hold or personal use, bicycles, sewing machines, washing ma- chines, pumps, incubators, churns, and other similar devices, by any one not having an established place of business in this City, the sum of Five Dollars per quarter. Sec. 333• Bill posting. For the business of bill posting within the City of Gilroy,- the i a ARTICLE I. RATES. l�' -i •� Ll ,.l Sec. 349. Council to fix rates.'' i`'�° �f.1 t' ° .t, " •. P f It shall be the duty of the Common Council to fix and establish the rates to be charged for water annually, during the month of February of each year, the same to take offect on July 1, following. Sec. 350. Rates established. The following water rates are hereby established, and the,,' City of Gilroy is hereby authorized to charge and collect for the :; Sec. 342. providing for the Withdra0al of partners` Sec. 326• Restaurants. Whenever two or more persons have been granted license and house or any other stand, booth, saloon, building or place for p permission to conduct business under this Article, and one or the sale of coffee, oysters or other refreshments or food, the sum m tion need be,made, but the remaining person shall couduct,a eh of Two Dollars and Fifty cents per quarter; provided that t business under the old'license upon .:filing a new bond; providiAig keeping any of the places in this Section above mentioned, or t that no persons other than the original persons t any hotel, boarding house or lodging house to sell any spirituous l license has been granted shall be thereafter interested therein. or malt liquors or wines, to be drank at such place, without hav- Sec. 343• Proceedings to forfeit IiCense.i�;��lrrG ing obtained a license therefor. S �ti�i��G�tii` ` When it appears to the satisfaction of the Common Council Sec. 327• Public vehicles and job Wagon s•�'Y� * � that there is probable cause to believe that any person holding For the business of keeping an omnibus, stage, coach, hack, a a license under this Article has violated any provision hereof, cab or other carriage or wheeled vehicle for public use for the t the Council shall cause a notice of the time set for the hearing. transportation or conveyance of passengers within the City t thereof to be personally served upon the person holding such limits for hire, and for the business of 4 license, by the City 'Marshal in the manner and mode provided 4keeping a for the service of summons in a civil action under the provis- ` transporting any goods, wares, commodities, or other things from i ions of the Code of Civil Procedure of the State of 'California; one place to another within the City limits; by'the load or job for c commanding such person to appear before the Council at ' hire, Four Dollars per quarter; where the gross monthly receipts a and place therein specified, to show cause why the permission ,i of such business shall be more than $100 and less than $200, Six a and license granted should not be revoked, and the bond given Dollars per quarter; when more than $200 and less than $300, d declared forfeited, and on the day set for the hearing the Eight Dollars per quarter; when more than $300, Ten Dollars C Council shall proceed to hear the proofs adduced in support per quarter. t thereof, counter thereto, and if, from such investigation, it appears to the satisfaction of the Council that any provision of Sec. 328• Shooting galleries -� .+.°E.GrC.. t this Article, or of the bond given, has been violated, then by an For the business of keeping a pistol or rifle shooting gallery, o order entered on their minutes, the Council shall revoke the the sum of Five Dollars per quarter. p permission and license given, cancel the license issued thereon, ; and declare the bond given forfeited. Sec. 329. Merry- go- rounds.%,,.,,-e -,n& �1 i - % %sr, 34 For running or conducting flying horses, so ailed, or merry- C CHAPTER ,111. go.rounds,.or any mechanical awing, car, or other such .device,4t: 2`� WA'D'ER WORDS. for each day the sum of Two Dollars;' or Ten, Dollars per month „ „ B41- y 2 paid in advance.AiTIOLE t RATES. ,/�- A ARTICLE III.—REGULATIONS. f �1 For keeping and running a public. Skating rink,; the sum 1, of Ten Dollars for the first month and Five Dollars for each suc • ceeding month so long as said rink shall be run: continuously. Sec. 331. Ring tossinq.C,_,,,,c._L.& 0, . i S z For, every ring- xossing game.or other liiVe device, Five Dollars per quarter, or Two Dollars per day if for less 'than one, ;quarter. n Sec. 332. Machine and bicycle peddlars. For the business of dealing in or selling, for ordinary house- hold or personal use, bicycles, sewing machines, washing ma- chines, pumps, incubators, churns, and other similar devices, by any one not having an established place of business in this City, the sum of Five Dollars per quarter. Sec. 333• Bill posting. For the business of bill posting within the City of Gilroy,- the i a ARTICLE I. RATES. l�' -i •� Ll ,.l Sec. 349. Council to fix rates.'' i`'�° �f.1 t' ° .t, " •. P f It shall be the duty of the Common Council to fix and establish the rates to be charged for water annually, during the month of February of each year, the same to take offect on July 1, following. Sec. 350. Rates established. The following water rates are hereby established, and the,,' City of Gilroy is hereby authorized to charge and collect for the :; sill 6 use of.iVatex furttia by °�t�n.tl►e cz%ty;of . Gilroy the'�fol�owittg mentioned sum, he shall�lap sas�ts: before the Mayor' The per �by month the .:year, to�wit Mayor, understanding the situation,'shall lay, `the same before k� , ; For tenements occupied a' sing14" Tf maly;or prate . the Board of Common Council `as Boon as practicable, for boarding house, if more h4n five. persons, .agelusiye. o them to take such aeti;r�n:�ss +.the�ptm uem;a teeesaary. children, undaf' $,years, of age .. , ... . ,1 , - .:..:... 1 00 For- tenementA oecupied`by a single family' or private `Sec. 358. Shall co`Ilect bills• child hose; of five persona or less, excluatve of ehildre `under 8. ears of •a e . . .g For R.., The Superintendent shall,collect_all.bills ;for water -due the rest au satin houses a g ..,.,....... 2�00'to 400 C t,,}'►..Pay the money V,, y over:to the Ci Treasurer. and take a du For drug, grgeery and hardware stores, fish and meat plicate receipt, therefor, and file-the same •with the City Clerk markets, harness shops and printing offioea .: .. r :... 75 For all, other on- tkie. first .day of every month. He. shall report to the Mayor stores and ' ....,,..... 50 For warehouses, from .................... 00 to 300 and Common Council at the regular, monthly meeting,. of said . , .$1 for saloons from . ..:. $1 "00 to `'2 00 y Common Council, .a11, money: colleeted and .uncollected, of said F6.t4alesrooms, from .... ...:. . , .$1.00 to 2 00 For photograph galleries, from......... 00. 3,00 water -works lor. each month, together with the •names of the Eby ...... ..$1 to For public water closets, first one 1"00 .consumers who are delinquent, and the amount owed each. ,. .:� ... For eaoluaadditional closet .......I...... ... , . 75' ' He shall also attend, to the�ttruurniiig on . shutting off of the .. ... aliments, hoarding For, bathtubs used in bathing s, water of said water- works; regulate she .price for consumers, houses, hotels -and barber shops, per tub .. , . , ii0 per � "for according to the Cit. Ordinance establishing water rates, also g y For bakeries, in addition to family rates, each 25 attend to all matters pertaining %to , said water- works as the barrels of flower used......,..:........., ,...,......,,... .1 50' For soda or other fountains... 1 00 Mayor and Common Council -may direct. For blacksmith and wagon shops using hose to cool Sec. 359. Shall'keep-records. wagon tires .. . .. ........ . ........ ... ... ...... 1 00 For livery stables containing 15 horses or less, including The Superintendent shall keep an accurate record of all "the water for washing vehicles and harness....,.. , ::... 7 50 ,_ receipts and expenditures of said Water -works and report the For each additional horse .. . .. . ... . ..... .: 50 For public feed and sale stable, for 6 horses or less 200 same to the Mayor and Common Council at each regular ...... For horse. , , :...._... c 30. monthly meeting. of. the said Common "Council. He shall also ....... omnibus For omnibus or stage stable, for each horse therein 50 for ea th keep. an accurate record of all charges made ''to consumers and For steam engine working 10 -horse power or leas ...2.00 0-ho payment th the and submit such record to the City Clerk For each additional horse so used ,........ , ,., . p .. 05 For barber shop where one barber chair is used.,......... 75 on or before tho:first Monday in each month. At the same time the Superintendent sball also report`to,the CityClerk: the names For each additional chair so used ...... .............: . ... 25 For fountains to be used not over 6 hours per day, for one of all .persona who have. discontinued using water. The re. ort p sixteenth inch jet ............ . ..... .. ..... 200 provided for in this Section shall contain the following informa- For one- eighth inch jet, used as above .. .............. . 4 00. tion: The number of; patrons using water; number of receipts For one - fourth inch jet, used as above................. , ; 800 For atidriesug sidewalk.. 50 issued; amount of money due for the month; the amount col - l ditIi rat .. ... For laundriea,,addtional to family rate.. , ,, , . 1 00 lected for the month; number of receipts .uncollected and the % For water power for sewing` machine ............... value of the same; number of delinquents for previous months For water power for gas machine, from .. .. . $2 00 to 1000 and the amount due on same; disbursements for salary, fuel, For irrigating gardens and lawns, in addition to household merchandise, . rapairs, day labor, incidentals; -names of delin- rates, first 50 square yards ............. � � quents and the +amount due from each. For second 50-4 qquare .yards ................... .. w .20 For each, 20yards in excess thereof...... ., .. ... 05 Sec. 360• Map of mains. For water .carts for sprinkling streets, for each 1,000 gallons ... ............................ ...: ......... 15 It shall be the duty of the,Superintencl t of 'Waterworks to The following ates shall be charged per 000. to wit: g g p 4 prepare and keep in :,his office as art of- thaoffcial reeords,,mMps, p , t sums a Far hotels, lodging houses and breweries, sums as , diagrams �a�nd-other Asta necessary to%how � the location of all ,such may be agreed upon in proportion 10 'the water used, -mains -and c`o nneetionw -made with *he game. - - `snot Ao exceed, by agreement or • otherwise, 'for` :1,OW ARTICLE. III. gallons .... , .......... ..:.............,.. ..... k ........ •..._ . 16 For building and plastering purposes, for each barrel of aEavr nTroxs. lime 'sl'aked . .. .. .. 10 For each barrel�of,eement ................ .. `. ... 10 'For making Sec. 362. Regulations for use of Water. mortar °and dampening brick, for each 1,000 bricsk 1st. Before pipes are laid and connections made by the ... .............. :... 26 For water used for purposes otherwise than � herein � speci- Cit with the water mains the consumer or consumers must. city with fied', fled; the charges'shall.be fixed in accordance with 'the prepay the water rental or charge, or give security for the pay - amount of water used, and °at rates proportionate "with` ment of the same satisfactory to the Superintendent of Water - those-abovo set 1orth. works in a sum sufficient to secure the City against loss for the :Sec. 351. Use of Water for short periods. ` ,� �'G? � � , '' � expense incurred in laying said pipes and making said con - Persons desiring to use water for a period less .than one year or:,foratempgrary use must.make nections. 2nd. Al new pipes and all repairs made to pipes now laid l' arrangements with,-the Water Committee of 16 Common Couneii for such °In no or to be laid hereafter upon property lying inside of the sidewalk .,use. Instance shall the Committee make a rate for 'such use `for less curb'line must be done by the consumer in possession of said than doulile,the niontl%ly rates named: in the foregoing schedule. property or the owner thereof. All other pipes are to be laid ` and repaired by the City of Gilroy. Sec. 3.52. Charge•:fdrexcessive rase or Waste• ,4 "�i 3rd. It shall be the duty of every consumer to immediately` ' �; Consumers making excessive or wasteful use of water will be notify the Superintendent of the Water -works or some member charged . additional rate to be determined by the Water of the Water Committee of the City Council, of any break or CJommittee after investigation of such cases,. other injury to the water pipes upon the premises or under the control of the consumer, by reason of which water is being Secs 353. When furnished at reduced rates. %fit w o wasted and said consumer shall immediatel' re air said break y p No charge shall be made for water furnished 10 the Public or injury. School, Catholic School, 'Free Reading Room and the . Benevo- 4th. During the season of the year when there is a scarcity of lent Society and -other pub116 charitahle institutions. For water water the Superintendent of Water- works, with the consent of furnished to religious organizations or societies one�half rates the Water Committee of" the City Council, is authorized and . O all be charged instructed to designate the hours of the day or night during - � T. S �t =r, �, �_. �a d �yC9r t1 'r�i f • —�3`,O 4" '' ` which water may be• used ;by consumers and for what purpose. -ta. y 4A 'J60, ARTICLE <1'i: °" - 4 14 It shall be the duty of the Superintendent to enforce such reg -. . sQrnxixTExnExT. 4 -. k1 '� elation, and to shut off :water going to consumers who violate Sec. 356. �4,ppoiptment. the same. 6th. Immediately upon the alarm of fire all persons using , A Superintendent of the .City'- s'QVater, works, s'hall be appointed water for irrigation purposes must close their faucets and keep by the Mayor and ComrnpTn Council for `term of `two years and them closed during the continuance of the use of water by the until his ,successor is appointed and qualifies. Fire Department. it, shall be the duty of the said Superintend- SeC, ` 357. 'Residence. ant of Water -works to enforce this provision by shutting off' " water from any person violating it, for a period to be determined The Superintendent > ahall reside on the premises of the City's by the Water Committee of the Common Council not to exceed Water- works. He,shall properly 'look after said Water -works one month. and see that the same are in good condition; repair the same ` 6th. All charges made.by the City. of Gilroy for the use of when necessary, unless the repair.is too extensive, then he may water are due and,;payable monthly in advance, eaeb month to hire help'to complete the same, provided the expense .shall not begin with the first day thereof. It shall- be the .duty of, the exceed $W. if the amount required, be larger than the above Superintendent of the Water -works to shut off the water from every consumer who has not paid the water rent or charge on or before the first day of the month following, the month in - which said charge is due and payable, unless otherwise instruct- ed by the Water Committee of the Common Council. 7th. No water shall be.furnished by the City for irrigation purposes except where the consumer agrees to pay for the same, monthly in advance, for a period of twelve months, from the date of beginning. 8th. The Superintendent of the Water -works is not authorized to furnish water to any person whw'is!indebted to the City for ' water rent or charge until such "indebtedness has been paid. s + ms i PART 'IV: MISDEMEANORS. ARTICLE I. —ACTS PROHIBITED. ARTICLE II.- PROSECUTIONS. ARTICLE III. - PENALTY. ARTICLE I. ACTS PROHIBITED. SEC. 370. No person shall counterfeit any license certificate or tag with the intention to defraud the City. SEC. 371. No person shall resist or attempt to resist the entrance of the Health Officer or any member of the Board of Health, into any stage, railroad car, vehicle, building, room, lot or other place in the city, in the performance of his duty. SEC. 372. It shall be unlawful for any person or persons to take water from a city hydrant without first obtaining per- mission to do so from the Superintendent of Water -works or the Water Committee of the Common Council SEC. 373, No person shall be in a state of intoxication, or drunkenness, in any public place, or place open to the public viw, or upon any public street, alley or sidewalk. SEC. 374. It shall be unlawful for any person, while drunk, to be asleep on any street, alley, sidewalk or lot in said City, or in any unoccupied house therein, public or private, without the consent of the proprietor or other person having charge thereof, whether the person so offending in any of the aforesaid cases be lying down or sitting. 'SEC. 375. It 'shall be :unlawful for the_kgaper or proprietor of any bar; bar -room or saloon within the limits of the City, he being there present, to permit. any profane or obscene language to be used, or any loud noise or boisterous conduct to be made or committed by any other person or persons ,therein, whereby the peace or quiet Of the vicinity of said bar -room or saloon is disturbed, or public decency or morality is or may be offended. SEC. 376. It shall be unlawful for any person to ignite, fire off or explode, or cause to be exploded, or direct or advise any person under the age of fourteen years to ignite, set off or explode any fire cracker or squib within the corporate limits of the City of Gilroy, except at such, times.and places as may be designated, upon application, by the Police Committee of the Common Council. SEC. 377. It shall be unlawful for any person to be guilty of publicly exposing his; person, or making any indecent gestures, or making or using any profane, lewd or indecent language, noises or sound or committing any ,act of ,an immoral or indecent nature within the limits of the City, whereby the good order or quiet of the City is disturbed or public. decency is outraged. SEC. 378. It shall be unlawful for any ,person to discharge any gun, pistol or other firearms? or to use any gun, ,pistol or toy pistol, or any other firearm, for tbe' purpose of firing off caps, or any other composition of an :explosive nature, or to use any rubber flipper, sling or slung -shot for the purpose of throw- ing lead or stones, orally other hard substance, within, the limits of the City of Gilroy, except in a duly licensed Shooting . Gallery. 3 (2So V4,' It kale be unlawful for any person to ride or drive through or along any street, alley or highway within the limits of the City in.a furious manner) or;at a rate of speed exceeding six miles per hour, or in such manner as, endanger the safety . of any other person. SEC. 380. It shall be unlawful for any person to clothe him - self or herself in the wearing apparel, orr thie 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 of - her profession, at a ;,place of amusement licensed by law. also. 381. It shall be unlawful for,,any,person;being the: own- . er, or other person in possession . of zany horse, mule, ass, cow or animal of the cow kind, colt, .calt,a sheep or hog, to permit the same to be at, large in any street, alloy or: public grounds or lot not inclosed, within • the corporate limits of. the City of GilToy, or to turn loose: or hitch, tie or,, in, any manner. confine Any of said animals in any sucahstreet, alley or public grounds for the purpose of grazing. Sac. 382. It shall be unlawful for the `owner, or any person having the possession or custody of'any horse or . other animal or any wagon or other vehicle, or any , animal' harnessed to- or ' otherwise attached to any wagdn or, vehicle, to permit the same: to stand, upon or occupy any sidewalk' or' 'street crossing or to pernyit any horse or; other animal harnessed to or attached toy Any wagon or "vehicle, said person being then in possession of °the same, to stand in any street within _ the City unless securely, hitehad! or tied. SEC. 383. It shall be unlawful for any person to ride, drive or lead any horse, mule, ass or sheep, kine or swine upon any side- walk within the limits of the City, or having control of any such animal to permit the same to pass over or'upon any such. side- walk. f't . . SEC 384-: It shall be ^`? i unlawful for any engineer, fireman, f brakesman, conductor or other person having any train of rail - road cars, or any part or section of such train, or any railroad locomotive or any engine under his charge, control or direction, in whole or in part, to run such train, section, locomotive or engine, or cause the same to be run, on any railroad within the corporate limits of the City of Gilroy, south of a point 200 feet north of Lewis street, or north cf a point 1200 feet south of Old G ilrov street, at a speed exceeding twelve miles per hour. `i SEC, 38:x. It shall. 1>e uulawful for any engineer, fireman, conductor or other person having any railroad train, ongino or cars under his charge, direction or control, to cause or permit the same to obstruct any street in the City of Gilroy, by remain- ing stationary on any railroad track in the City, at any point where such railroad track is intersected by any such public street for a ,longer period than three minutes. SEC. 3S6: It shall be unlawful for any engineer, conductor or other person having charge or control of any railroad train, car, cars or section of any such train, to cause or permit such train, or any car, cars or section of such train to be run within the Citv limits north of Old Gilroy street, while such train, car, card or section is detached from the engine by which it is moved. ` SEC. 3S7. It shall be unlawful for any person to keep or main- tain any dance house, saloon or other place within the corpor- ate limits of the 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 attending or patronizing such place. SEC. 388. It shall be unlawful for any person to stack or deposit any hay or straw within the corporate limits of the City, except in some house or other covered building enclosed on all sides �= SFC. 389. It shall be unlawful for any person to ride a bicycle or tricycle on the sidewalks of the streets of the City of Gilroy unless such person shall dismount or leave the sidewalk oil meeting a pedestrian; slow speed of wheel on approaching to turn or pass a street corner to the rate of ordinary walking; and carry attached to the wheel when riding during the hours of darkness, a lighted lamp or other device which will throw a bright light ahead of the wheel. � , ,2iz SEC. 390. It shall be unlawful for any person to carry upon or about his person any concealed deadly weapon without first obtaining a written permit from the Mayor of said City for the same. This section is not to be so construed as to prevent any person from carrying upon his person a pocket knife such as is usually carried for purposes of general utility. SEC. 391. No person shall, within the corporate limits of the City of Gilroy, keep, or maintain, or become an inmate of any house or room where opium is smoked or where persons assem- blo for the purpose of smoking opium or inhaling the fumes of opium; nor shall any person contribute to, or visit for the purpose of contributing to the support of any such place, house or room. SEC. 392. No saloon, bar, or other place where 'spirituous or malt liquors are sold by the drink or glass, or by retail; shall be allowed to remain open after the hour of one o'clock A. M., and before the hour of four o'clock A. m., and it shall be unlawful for the proprietor, -bar- tender or any other person to sell, give away or offer for the use of any person any of the aforesaid spirituous or malt liquors at such place between said hours as above set forth, whether such place be open or closed. SEC. 393. It shall be unlawful for any and all proprietors, or proprietor, owner or owners of saloon or saloons, bar or bars, to sell or give away, or permit any other person to sell, give away, or dispose of in any manner at such saloon or bar, any spirituous or malt liquors by the drink or glass, or in any other manner after the hour of one o'clock A. M. and before the hour of four o'clock A. M. SEC. 394. It shalt be unlawful for any person to have in his possession, unless it is shown that such possession is innocent or for a lawful purpose, any implement or implements or devices. used for. playing faro, fan tan or any banking game. SEC. 395. No person within the limits of this City shall use or discharge any air gun, or musket, or gun, or instrument of any kind, character or description, which throws or projects bullets or missiles to any distance by the elastic force of the air, or by springs or other mechanical device. t SEC. 396. Wshall be unlawful for any person or persons hav- ing the control of any vehicle to permit the same to obstructor delay the progress of the apparatus or other vehicles of the Fire Department while going to a fire or responding to an alarm of fire; and it shall be unlawful for any person or persons to in any manner obstruct the same while responding to an alarm of fire. SEC. 397. It shall be unlawful for any person to have in his possession, unless it be shown that such possession is innocent, or for a lawful purpose, any lottery ticket, ticket, certificate, paper or instrument purporting, or representing, or understood to be, or to represent, any ticket, chance, share or interest in or depending upon the event of any lottery. SEC. 398. It shall be unlawful for any person to expectorate upon any of the sidewalks of any of the public streets or upon floors of Municipal or Public Buildings within the corporate limits of the City of Gilroy. SEC. 399. It shall be unlawful for any person to post, stick, ..stamp, paint or otherwise affix, or cause to be posted, stuck, stamped, painted or otherwise affixed, any bill, poster, notice or_ advertisement, to or upon any house or part thereof, wall, fence, gate -post, sidewalk, trees, or boxes around trees in this City, without first obtaining permission in writing of the owner, ,agent or occupant of thepremises so to do. SEC. 400. It shall be unlawful for any person to be present at i ±, n� aryrro±�tn. or place wherer an: roan or any bankinng + grtne ;or k e , ; adh ce ,ree br ry ,. �f i0v oo clieCrks, .crerdits, orfuny a#i� ear •mepresentation df`,vi#liiea beiingscpndacted. iSEC 401 , It shall be nnl'awful forny`person to, dig, rdisturb or carry away any soil from any street;` "alley" Of pt blie grounds of the City, or to obstruct or, cause to be obstructed -any stred a lley or any spart thereof, .or4,P1pJace ,or., ,cause to .be ,,placed 1,4liereig 4,ny,obstructioW tbAt,,will intorfereliwith the free passage . of,auy ,port ,thereof; provided, howeiver, that, zany .person engaged the, erection, or repair.of,a,.buildiug,.or,iu :improviug any lot, n(ay,:400Fone- .half. of the street in front of said. building ;or lot- a-for the deposit of the materials to be used ttherein, during the prO#rQos,of the work. F , ~SEO. 402. It shall be unlawful for any:person,`to wilfully make or cause to, to be made .any false or frivolous alarm .of fire. SEC. 403. It shall be unlawful to ,fail, neglect or refuse to disperse or move on, on -any street or sidewalk, if directed ,so to do by,a peace officer. :SEC. '404. No person shall break, or injure any, public lamp post or public lamp; extinguish during the night any public �Airght,or,anyr_l ght maintaiaedl,at ,any:3pla'ce :farr1.public. co en- ience or safety or in compliance with .any of the provisions +of 'slaw =or" orders of the Common Council, except. he is authorized ,so to do; remove,,or cause the removatEof any , °street guide or any portion from any public lampi:�or post; "obliterate, :deface, .destroy or interfere wbh any street guide or :portion thereof. 11 'SEC. 406. , It shall be unlawful°foVany. "persan.:to, visit, or in any way contribute to•the support iof'`," disorderly ;house, or ,"house of ill fqw, or place for the,practicp, of :gambling, within thed�mits$of.,tlie,;City of p- ilroy, SEO , No persou shall, =wit>zin: °the City: of Gilroy, .keep or ,imdlAtai iedr become an inmate - ofxany- d2sorderly1duse or house, of ill, fame, and no person shall knowingly ,filet or , underlet , or l?ransfer t)4e,.possession of an :house or,lands;or other 4place for uR as,asdisorderly house or. house of,,ill fame, or permit the �. sazne,;or.anyo# the same to,continue,to n e Asp; occupied or used, *'.aaivgpkice and knowl®dge that t1te or any of them are,being t t }s ©drelr `occupted.for the purposes ,aforesakd,, ..' ' , < r r sp.''407,. 4 No :person% shalt, within." the, ,City 'of Gillroy, ; keep: , aniy house or tplace for the purpose ofi•assiguattion i,r prostitution 4"<Or any,,house .car piece of ,public .resort by which the peace, comfort or, decency of theimmediate. neighborhood is habitually ,.disturbed, or let any apartment tenement, or permit any per- son to occupy the same, knowing that they are to be used for any of said purposes, or, after, notice and ,knowledge that they being used for any of said : purposes,, permit them. to be any 109ger,:Iise4 or,occupied for. said purposes. &C, 408. No person shall, being a lewd or unchaste woman, or being ,a woman residing, or being, in a, bawdy house, house'of `assignation; or house of ill fame, stand or be'at,or in the vicinity of any door or window of any such room ' or house, or on the ='street in. front thereof ;'or by position, looks,'motiois, gesture or word entice or °'endeavor to entice any person to enter such house or room, or by their' appearance there, or,`! behavior to denote to or inform passers by of their character or reputation, or the character or reputation of the house or room. person, rso s a , as owner, bar - keeper, chief clerk, president, secretary or employe, carry ;,on or, conduct, or assist in carrying on or conducting the business of a retail liquor dealer, until permission has been obtained from the Common Council so t do as rovided in this Code. SEC.(�%`oiersonaall allow any, wagon, cart or vehicle under his control, or inJis custody to remain or stand, for any "greater; length; of time than two hours in front of any store, dwelling' or other building, ,without first having obtained., the ransantof�the owner or occupant thereof. ` '411. 'I be unlawful to wilfully injure any engine -° hduse,,hose, engine,, carriage or other apparatus or drive over nny hose'of the hire Department of .the City of Gilroy. - SEC. 412 It' shall 'be unlawful for an ''boy under the age of twenty -one (21) years to get on or attempt to get on any cars or train of cars. ropelled by. steam, or to get off, or attempt to get " �O# 41fom any such cars or train of cars while the saine is in motion,�at, any, place in. the, City of Gilroy. k ft shall be unlawful'for' any minor under, the age of sip eeii years to "be on any A reet, square, or public place, a, wftliin the Incorporated limits 6f the Qityof, Gilroy after the;hour 5fneight:No ?clock r. ai., and between "sa'i'd Hour and'`daylght of 1 file following morning;? unless`''liy the direction; : or with the � M'ledgelan&consent of the =parent,sguardian, or other person �;�tpBtfi'E�l control f said wmnor. � F y � 1 +„ R on ehall,.wrthin the City,, of 43ilroY� leave �nyorse.ot or, beast of:burden hitohed,to any; hitching ;post oa3starading.in= therstreets of said City after midnight,, and it ahallibe' the, ,duty `of the, Ni or any police officer �thke upany sueh animaland place the -same in 'any livery A lz ritdjle or feed, yard in the care of the keeper of the same, at the t cost andae Tense of the owner of ..said ,animal; provided, that .. 4 t {afsshaltnot apply to :any person- Who in °the pursuit of a 'r awful Occupation,:finds it necessary .to� leave animals so standing 4�the streets °fora period ,not to exceed .one -half- hour, after t atg time. =1 Yt snail be unlawful for any person to' drive any h of horses,` cattle, sheep or, hogs,' on_ or' along . Monterey "� t e bqt een T+ ourth and Eighth street, provided, when such be driven into a stook stable 'on Monterey' street; so & uch of such= street may. be 'u'sed: as is iled'ed to snake an e iranee into sucli stable'. ARTICLE II. PROSECUTIONS. �^ r Sec. 429. , Vow) conducted ;Qcr, 3 1st.. All rosecutions for violation of City ordinances shall be commence' in the Police Court of the City of Gilroy, which shall be created according to the provisions of the Charter, and all proceedings therein had, and all writs and processes therein issuedin the name of "The People of the State of California." The complaint may be made orally by the officer having the party offending under arrest, at the time of making the com- plaint,'upon a charge of drunkenness, or being drunk and asleep in any place prohibited by ordinance, when the offense is com- mitted in the presence of such officer. In all other places, -and when a .plea of not guilty is entered upon such oral complaint, the complaint shall be in writing and verified by the oath of the person making it. It shall be the duty of the officer making the arrest to complain when the offense has been committed in his _ presence. The complaint, if in writing, , shall contain a concise statement of the facts constituting the offense charged, the name of the defendant, if known, (or a fictitious name when the real name is unknown), the time of the alleged violation, and Title of the Ordinance and number of Section thereof alleged to have been violated. All prosecutions shall be. °commenced by complaint, and the only other pleading shall be a plea of "guilty ">or'znotguilty'' or ' objections to the 'suf- f%ciency'of the complaint. Upon filing the complaint the Justice shall issue a� ,warrant" for ` the arrest of the defendant. More than one person may charged with an offense in the same complaint, but shall be entitled 'to separate trials if they 'so elect. 2nd. The trial of the person accused of violating a City. ordinance shall-be conducted in the manner provided by the laws of this Stater for the trial of persons, before Justices of the Peace, for public offenses of which such Justices have juris- diction. 3rd; When the defendant Js ;found, guilty of the offense charged in the. complaint, a, time shall. be fixed by the Court for rendering judgment against .him,. which shall not be less than six nor more than,forty -eight hours, unless the defendant.waive his right to such time,, in which case, or upon a plea of guilty, the judgment may be rendered immediately. All judgments for fines shall be for a fixed sum, to `include costs; but there shall be no judgment for costs by that name. 4th. If the judgment be for a fine, it may provide that in default of the payment of the fine, the defendant shall be imprisoned in the City Prison for a; time not to exceed one day fors each one dollar of the fine imposed; and each day.'s im- prisonment shall be, counted for him as a payment of one dollar of said.finne, and upon payment of the balance he shall be entitled to his discharge; provided: that nothing in this section contained shall prevent the issuance of execution during the time of his 'imprisonment, for the balance unpaid for such imprisonment and the discharge, of the defendant. - 6th.: When the judgment is as its the last paragraph provided, or fora fine only,, the Justice may issue execution for the amount of the fine, and in the latter case such execution may be issued at any time in one year after. judgment. Executions so issued shall be served as executions,issued by a Justice of the Peace in civil cases. - ARTICLE III. PENALTY. Sec,. 430. Penalty. Any person violating or- wilfully non - complying with any of the provisions-of this or of any ordinance of this city, is guilty of a misdemeanor, and shall-, upon conviction thereof, be punished by a fine not exceeding one hundred dollars, or by imprisonment in the City Prison not exceeding thirty days, or by both such fine and imprisonment. This ofdinance shall take effect from and after its passage and approval. Passed this 3rd day of January, A. D. 1900, by the following vote: i Ayes— Cleveland, Hines, Thayer and Wentz. Noes —None. Absent— Eustis and Moore. Approved this 3rd day of January, A. D. 1900. H. R. 'CHESBRO, MAYOR. ATTEST: S. W. KROEsEN, CITY CLERK. NOTE: The following private ordinances are still in effect: Ordinances Nos. 49, 61, 63, 101, 104, 106, 106, 107, 108, 109, 110, 117, relating to establishment of water works and the issuance of bonds for the improvement thereof. Ordinanco No. 83. Granting franchise to Sunset Telephone and Telegraph Co. Expires Jan. 16 1916. Ordinance No. 103. Granting franchise to Western Union Tele- graph Co. Expires August 3, 1916. Ordinance No. 136. Providing for the removal of bodies from old city cemetery, ;and for the sale of said property. Ordinance No. 138.. Granting permission to Gilroy' Gas Light Company to lay mains and pipes. Expires 1926. �i I