University of Virginia Library

CHAPTER XIV.

STREETS AND SIDEWALKS.

Sec. 152. Streets and sidewalks—general provisions.

The term "streets" when used in these ordinances shall be held
to mean streets, sidewalks, alleys, lanes and public highways of
the city, except where by the context or by reasonable intendment
sidewalks are not included.

The proper corners of the streets shall be designated by proper
stones or posts, placed at such points as the City Engineer may
direct.

All sidewalks hereafter constructed shall be four and one-half
feet in width in streets whose width is thirty feet, and in the same
proportion in streets of greater width, except when otherwise
specially ordered by the Council.

Sec. 153. Same—grading and paving.

Whenever the paving, grading or making of sidewalks or
streets anywhere in the city is ordered by the Council, it shall be
the duty of the City Engineer, when in his opinion such street
or sidewalk should be so graded as to raise or lower the same
materially with reference to the property of abutting lot owners,
to make his plans of such improvement, showing accurately in
feet and inches the elevation or lowering of the street with reference
to such adjacent property, and submit the same to the Committee
of the Council on Streets before making such improvement.
Whereupon the said committee shall summon adjacent lot
owners, either by personal service or by notice published once in
some newspaper of this city, to appear before it at a designated
time and place to show cause, if any they can, against the proposed
improvement. No such improvement shall be made by the City
Engineer until his plans have been approved by the Council, after
consideration of the report of the committee thereon as herein
provided.

Sec. 154. Same—laying sidewalks anl pavements.

Whenever a new pavement or sidewalk shall be ordered by the
Council, the city shall cause the curb to be put down and the
owner of the property along the boundary of which said sidewalk
shall extend, shall be required to pay two-thirds of the cost of
constructing the same.

Whenever any citizen desires a sidewalk to be put down along
the boundary of his property he shall, in writing, make application
through the chairman of the Street Committee, and thereupon
the Street Committee shall have an estimate made by the Engineer
of the cost of such improvement, and present same to the Council
for its action.

Whenever the Council shall order a sidewalk to be laid, it shall
be the duty of the Engineer, before beginning work on same, to
have the property owner for whose benefit said walk is being laid,
enter into an agreement in writing with the city stating what
amount said property owner shall pay by reason of the proposed
improvement and the terms of payment. Upon the completion of
such work the City Engineer shall deliver such contract to the
Auditor who shall render to the property owner a bill in accordance
therewith, also a duplicate bill to the Treasurer for collection.

Sec. 155. Removing pavements and excavating in streets
and alleys.

No person, unless specially authorized by the Council, shall
take up or remove any portion of the pavement of the carriageway
or of the sidewalk, or any street surface, or excavate in any
street or public alley of the city without written permission of
the City Engineer. Said Engineer shall not refuse permission to
any applicant except for cause approved by the Street Committee,
but in case of refusal the applicant may appeal to the Council.
It shall be the duty of every person to whom a permit to remove
a pavement or street surface or excavate in any street or alley
shall have been granted to institute at once and prosecute without
delay the work for which such permit was obtained, and promptly
on its completion give written notice thereof to the City Engineer.
No pavement, sidewalk or street surface shall be replaced,
after being taken up, by any person except the City Engineer,

who shall cause the same to be done at the expense of the city
and he shall make out in duplicate against such person to whom
the permit was granted, bills in duplicate for the actual cost of
the same, one of which bills he shall deliver to the Auditor, and
the other to the Treasurer for collection as other city dues are
collected.

Before any pavement, sidewalk or street surface shall be replaced,
or when a permit is granted for excavating in an unsurfaced
street or alley, it shall be the duty of the City Engineer
to see that the excavations have been properly filled and tamped.

Any person found guilty of taking up any pavement, sidewalk
or street surface, or excavating in any street or alley in the city
without the written permission of the City Engineer, shall pay a
fine of not less than $5 nor more than $10 for each offense, and
each day that such violation continues shall constitute a separate
offense.

Any person to whom a permit is granted to do such work as
provided in the foregoing ordinance shall place guards or barracks
around such excavations and shall protect it by warning
lights at night until taken in charge by the City Engineer. Any
person failing to place such guards, barracks or lights, as required
by this section, shall be fined not less than $1 nor more
than $10, and each day's neglect shall constitute a separate offense.

Every person who shall make application as above specified
shall be deemed to have assented thereby to all the provisions and
terms of this section including the right of the city to collect the
actual cost of replacing the pavement, sidewalk or street surface
in the manner above directed.

The superintendents of water and sewers, and gas may remove
pavement, etc., without the permission of the City Engineer, but
shall comply with all the requirements of the foregoing section as
to filling and tamping, and shall then report the same to the City
Engineer, and shall properly guard and protect the same until
taken in charge by him.

Sec. 156. Exposed water pipes.

When, in repairing or grading or otherwise disturbing a street,
any water pipe is left uncovered or exposed, it shall be the duty

of the person in charge of such work to forthwith notify the superintendent
of the water works of such exposure. For failure to
give such notice the party in default shall be liable to a fine of $2.

Sec. 157. City employees, city animals, tools and materials.

The City Engineer shall employ such labor, and hire or purchase
such horses and mules and such tools and materials for the city's
use as the Committee on Streets and Sanitation may direct in
writing. All such employees and all such animals, tools and materials
shall be under the direction and control of the City Engineer,
who shall see that all such property belonging to or in the
care of the city is properly cared for and protected.

Sec. 158. Corner stones and posts.

Any person who shall unlawfully remove or displace, or in
any manner change, deface or alter any corner stone or post
marking the corner of any street or sidewalk, shall be punished
by a fine of $20.

Sec. 159. Hubs and monuments marking the corporate
boundary.

Any person who shall unlawfully move, disturb or interfere
with corner hubs or monuments marking the corporate limits
shall be fined $100, and to move, disturb or interfere with intermediate
hubs or monuments shall be fined in the sum of $25 or
imprisonment in the jail at the discretion of the Police Justice in
lieu of the fines above mentioned.

Sec. 160. Erection of buildings along sidewalks.

Any person when about to erect any building, wall, fence, or
other structure on any street in the city shall first make application
to the City Engineer to give him the line of such street at
the place where such building, wall, fence or other structure is
intended to be erected. Said City Engineer shall note the particulars
in his book, and give the applicant a written memorandum
of such line by which the said applicant shall be governed in
making his said improvement; for every such service said Engineer
shall make a charge against the person for whom the line
was given, if the line be fifty feet or less, $1.50, and two cents per

lineal foot for any excess, said fee to be turned into the city
treasury. Such applicant shall not, thereafter, be required to alter
or remove any such improvement which he may have erected
in accordance with such memorandum. If any person erect
any such building, wall, fence or other structure contrary to this
section and in such manner as to encroach upon the line of or interfere
with the grade of any street, he shall be fined $20, and
further required to remove such building, wall, fence or other
structure. For failure to make such removal after five days' notice
from the City Engineer, he shall be fined not less than $5 nor
more than $20 for each day's default.

Sec. 161. Encroachments on streets.

In every case of an encroachment upon a street by a building,
wall, fence or other structure, the Mayor may require the owner
or maintainer thereof to remove the same. For failure to make
such removal in the time ordered the Police Justice may impose a
penalty of $5 for each day said failure shall continue thereafter,
and may cause such encroachment to be removed at the risk and
cost of the party in default.

Sec. 162. Cellars and areas.

Every cellar or area hereafter constructed which opens in a
sidewalk shall have such opening covered with substantial iron
grating, rough-surface iron, or iron and glass, which shall be
flush with the pavement; and no such opening to any existing
cellar or area shall be re-covered, nor shall the covering thereof
be repaired or renewed except with such material and in such
manner as above required. No entrance or other opening to any
cellar or area hereafter constructed in any sidewalk shall extend
nearer to the curbstone than one-half the width of such sidewalk.
The entrance to every cellar which opens in a sidewalk
shall be covered with two doors of equal width, without joints
and so constructed when closed that they shall be flush with the
pavement, and when open shall each stand upright and at right
angles to the pavement and be held in such position by connecting
bars or chains at the end of said doors nearest the curb-line. No
cellar door shall be allowed to fall back or lie flat upon the street
or sidewalk, nor to remain open any longer than necessary and

while in actual use. The owner or occupant of any house the cellar
or area to which does not conform to the requirements of
this section who shall, after notification by the Mayor, fail or
refuse to comply with its provisions, shall be fined $5 each day
such violation continues. Any person violating the other provisions
of this section shall be fined not less than $2 nor more
than $10 for each offense.

Sec. 163. Vaults and coal-holes.

All vaults and coal-holes under any sidewalk in the city shall
conform to the following requirements:

(a) No such vault or coal-hole shall extend beyond the inner
line of the curb stone.

(b) The outer wall nearest the carriage way shall be of good
building stone laid with good cement; the side walls shall be of
good hard brick or building stone laid in cement mortar; the top
shall be formed of large flat stones, concrete, or iron plates, or
arched with stone or hard brick, with the crown of the arch not
less than one foot below the surface of the pavement.

(c) Any opening into the sidewalk shall be located not more
than ten inches from the curbstone and shall not exceed eighteen
inches in diameter, and shall be covered with a substantial iron
plate with a rough surface placed flush with the pavement.

(d) Such vaults or coal-holes hereafter constructed shall be
in accordance with plans first approved by the City Engineer as
conforming to this section.

The owner or occupant of any building, the vault or coal-hole
to which does not conform to this section, or the owner, user or
lessor of any such vault or coal-hole, who shall, after notification
by the Mayor, fail or refuse to comply with its provisions, shall
be fined $5 for each day such violation continues. Any person violating
the other provisions of this section shall be fined $5 for
each offense.

Sec. 164. Cellar, vault and coal-hole openings.

Every cellar, vault or coal-hole opening in a sidewalk shall be
kept closed and the cover thereof securely fastened, except when
the same shall be actually in use by some person immediately
attending the same. For a violation of this section the penalty

shall be $5 for each offense, if it be committed in the daytime,
and $10 if the same be after nightfall.

Sec. 165. Same.

If any one wilfully or maliciously open or cause to be opened
any such cellar, vault or coal-hole opening in a sidewalk whereby
safety of users of the sidewalk is endangered he shall, upon conviction,
be fined not less than $5 nor more than $15, or imprisoned
in the city jail for not more than thirty days, or both.

Sec. 166. Coal.

Whenever coal is handled or transported over or about any
sidewalk in the city, the person having such work done shall,
within one hour after such work is completed, have all particles
of coal or coal dust swept or removed from the sidewalk.

Sec. 167. Areas, cellars, etc.—defective covers.

Whenever the owner or occupant of any house to which is attached
any area, cellar, vault, or coal-hole opening in the sidewalk
shall be notified by the Mayor that the covering thereof is
insecure or dangerous it shall be his duty at once to repair the
same. For failure to do so within five days, he shall be fined $5;
and for each day of default after the expiration of said five
days, he shall be fined a like sum. And, provided further, that
in case of failure to repair within five days, the Mayor may
cause such repairs to be made at the cost of the city, and the
cost thereof, with twenty per centum additional as a fine, shall
be collected of the party in default in like manner as fines and
assessments are collected.

Sec. 168. Drippings from houses, eaves and gutters.

All houses the eaves of which project over the sidewalk shall
be provided with gutters so that there shall be no dripping from
the eaves upon the sidewalk. All gutters, the waters from which
empty upon a street or sidewalk, shall be so constructed as to
discharge such water only at or below the surface of the ground.
The owner or occupant of any house not complying with the
requirements of this section shall be fined $1 for each day such
violation shall continue after notification by the Mayor to remedy
the fault.

Sec. 169. Drainage from lots, gutters or spouts.

No water from any lot, gutter or spout shall be permitted to
flow across the footway of any street except in a covered drain,
the cover of which shall not be above the surface of such foot-way.
Said drain shall be of sufficient capacity to convey the
water to be discharged by it, and shall be built and kept open and
in good repair by the owner or occupant of the premises whence
it proceeds.

Any person violating this section shall be fined $1 for each
day such violation shall be permitted to continue after notice by
the Mayor to abate the same. And provided further, that in case
of failure to comply with the order of the Mayor within five days,
the Mayor may cause the construction to be made at the cost of
the city, and the cost thereof, with 20 per centum additional as
a fine, shall be collected of the party in default in like manner
as fines and assessments are collected.

Sec. 170. Snow-breaks.

Houses which are located on the line of any street shall be
provided with suitable snow-breaks or guards on the side next
to such street. The owner or occupant of any house who shall
fail to comply with this section, after being notified by the Mayor,
shall be fined $5 for each day such failure shall continue.

Sec. 171. Removal of snow, sleet and ice.

It shall be the duty of every occupant or occupants of every
house or lot which abuts upon a sidewalk or footway of stone,
brick or wood, to have all snow removed from said sidewalk or
footway within six hours after same shall have ceased falling,
unless said snow shall have fallen during the night or on Sunday,
in which case it shall be removed by 12 M. the day following.
The same requirements shall exist with respect to ice or sleet
on sidewalks or footways, except that the same, when it cannot
be removed without injury to the sidewalk or footway, shall be
covered within the period of time specified, with sand, ashes or
some other substance which will render it safe for travel. Whenever
any house or lot is unoccupied, it shall be the duty of the
owner, or the agent of the owner thereof, to have the snow or
ice removed from his sidewalk or footway, as above required

of occupants. The penalty for each violation of this section shall
be $2, and every six hours that said snow or ice is allowed to remain
in violation of this section shall be held to be a separate offense.

Sec. 172. Gates and doors.

Every gate or door built or constructed in any fence or wall
standing on the line of any street (except doors to public buildings
which are required to be hung so as to open outward), shall
be hung so as to open inward. Any violation of the provisions
of this section shall subject the offender to a fine of $1 for each
day said offense shall continue after notice by the Mayor to abate
the same.

Sec. 173. Sidewalk crossings.

Wherever, in order to enter a carriage-house, stable or private
alley, it shall be necessary to cross a sidewalk, such crossing shall
be covered with a pavement suitable to the purpose, to be approved
by the City Engineer. For every day, after being notified
by the Mayor to make such pavement, that the owner or user
of such carriage-house, stable or alley, shall fail to do so, he shall
be fined $2.

Sec. 174. Horses or vehicles on pavements.

No person shall, except on such pavement and at such places
as are provided for in the preceding section, drive a vehicle or
ride upon a sidewalk. Nor shall any person permit a vehicle or
beast of burden to stand on a sidewalk or upon a street-crossing,
or hitch a horse so that it can stand on a sidewalk. The fine
for violating this section shall be $1 for each offense.

Sec. 175. Trucks, etc., on sidewalks.

No person shall use any truck, wheelbarrow or hand-cart on
any sidewalk, except in receiving or delivering goods across the
same. Any one violating this section shall be fined $2.

Sec. 176. Bicycles and automobiles.

No bicycle or similar machine shall be used over the sidewalks
of the city; and no automobile, bicycle, or similar machine shall
be used over the streets of the city at a greater rate of speed

than eight miles an hour. Every such vehicle shall be provided
with a bell, gong, horn or whistle, which shall be sounded at
street crossings, and whenever necessary to the safety of any
person using the streets; and no such vehicle shall be used on
the streets of the city after nightfall without a headlight or
lantern of such nature and so placed as to be conspicuously visible
at the distance of a block. Any violation of any provision
of this section, so far as relates to automobiles, shall be punished
by a fine of not less than $10, nor more than $100, and so far
as it relates to other machines, by a fine of not less than $5 nor
more than $25, or, in any case, by imprisonment in the city jail
for not more than 30 days, or both by fine and imprisonment,
as herein provided.

Sec. 177. Signs and ornaments.

No sign, figure or ornament shall be permitted to project over
any street unless attached to the wall or door of a house, nor
shall the same extend out from the line of the wall more than
two feet, and the lower edge of any such sign or figure shall
be not less than seven and one-half feet above the surface of the
sidewalk. Any violation of this section shall be punished by a
fine of $1 for each day the violation continues.

Sec. 178. Obstruction of streets.

No person shall obstruct a street, either in its carriage-way or
sidewalk, by placing therein anything whatsoever which will
hinder or obstruct the passage of persons or vehicles in any manner
whatsoever; any person violating this section shall be fined
not less than $1 nor more than $5 for each offense; and every
hour the violation continues may, in the discretion of the Police
Justice, be held to be a separate offense; but this section shall
be subject to the following limitations, exceptions and provisos,
to wit:

(a) Telegraph, telephone, electric light companies and electric
power furnishing companies may place such reasonable number
of poles as may be requisite for their business; but said poles
shall be located or moved according to the directions and under
the supervision of the City Engineer, and all such as may be
erected on any paved street shall be painted, and said painting
kept in good repair.

(b) One-half of the carriage-way opposite a lot upon which
any building or wall is being erected, may be used for the purpose
of laying timber and other building materials during such
reasonable time as may be necessary for such erection, but no
longer. Should there be buildings in course of construction on
the opposite sides of the street at the same time, then each may
occupy one-fourth of such carriage-way; and in streets through
which a railway passes, such material shall not be so placed as
to interfere with cars thereon. When such building or wall is
being erected, the sidewalk in front thereof shall not be obstructed;
but, for the protection of persons passing, a shed or
platform shall be erected over the sidewalk, which shall be at
least eight feet high, as wide as the pavement and as long as the
building or wall which is being constructed, under which persons
may safely walk. Any damage done to the street or sidewalk
by such builder or contractor shall be repaired by him.

(c) Merchants and others, while receiving goods or articles,
may place the same on the outer margin of the sidewalk, using
as much thereof as may be necessary, and no more; provided
the public is not deprived thereby of the free and easy and
comfortable use of the sidewalk. Such occupation of the sidewalk
shall be for only such time as may be necessary for such
reception or delivery. It shall be the duty of the police to see
that the sidewalks are not so obstructed as to deprive the public
of the use of them as hereinbefore described. They are hereby
clothed with the power to require goods and other articles which
in their opinion obstruct the sidewalk to be moved at once.

(d) Horse racks or hitching-posts may be placed on the curbstone
or immediately outside the curbing, on any street except
Main, but not so as to obstruct the surface drain.

(e) Every keeper of a livery stable shall have the right to
stand in the carriage-way outside of the curbstone, such vehicles
as may not be in use at the time, for the full frontage of the
property occupied by him, provided that such vehicles be placed
in single file and immediately against the curbing.

(f) Merchants and others may exhibit goods on the footways
in front of their stores or offices on the side thereof next the wall;
provided, not more than two-and-one-half feet of said footway

be obstructed thereby; but this exception shall not apply to streets
on which the sidewalk is less than five feet.

Sec. 179. Shade trees.

No person shall plant any shade trees in the streets or sidewalks
of the city without the previous consent of the City Engineer,
who shall designate the proper line for the same. No
North Carolina Poplar, Lombardy Poplar nor Cottonwood tree
shall be planted in the streets or alleys of the city, nor within ten
feet of the lines of the same. Any violations of this ordinance
shall be punished by a fine of not less than $1 nor more than $5.
Neglect or refusal to remove such trees as have been planted
contrary to this ordinance, when ordered to do so by the Mayor,
shall be a warrant for having the trees removed by the City
Engineer, and the person planting the tree shall pay the cost of
the same and an additional fine of $5.

Sec. 180. Shade trees and lamp posts—hitching to.

It shall be unlawful for any one to hitch a horse or any other
animal, at any time, to any shade tree, tree boxing or lamp post
within the city limits. Any one violating this section shall be fined
$1 for each offense.

Sec. 181. Awnings.

Any awning frames may be erected over the sidewalks, provided,
the posts thereof are made of iron not more than two
inches in diameter and rise from the curbstone; that there may be
only one connecting bar to said posts which shall be at the top
thereof, and shall be elevated at least 9 feet above the sidewalk;
and swinging awnings may be constructed and securely attached
to the building, extending not beyond the curb line, and to be
at least 7-½ feet above the sidewalk. Any person violating the
provisions of this section shall be fined not more than $10 for
each offense.

Sec. 182. Removal of obstructions from the streets, etc.

It shall be the duty of the police to promptly notify the Mayor
of all obstructions of the streets, drains or culverts, that are not
remedied at the request of the police. The Mayor shall forthwith
cause all such obstructions to be removed either by the

person responsible for the same or whose duty it is to remove
the same or failing in this to have the same removed at the cost
of the city. If any person whose duty it is to remove any such
obstruction fails or refuses to do so within a reasonable time
after being notified to do so by the Mayor he shall be fined not
less than one nor more than ten dollars for each day that he
defaults; and when the obstruction is removed at the cost of the
city, the party whose duty it was to have removed said obstruction
shall be fined in addition to the foregoing penalty such a
sum as equals the expense incurred in and about such removal,
together with twenty per centum thereof in addition.

Sec. 183. Barriers, erected when.

When any work is being done on structures abutting on any
street or sidewalk which may endanger persons passing along
such street or sidewalk, barriers shall be placed across the way
so as to prevent and warn passengers against the danger. And
no bricks, slate or any other thing or substance shall be thrown
off, from or out of such structure or any part thereof into the
street or sidewalk, except within the space inclosed by such barriers.
When any ditch is dug or excavation is made in a street
or sidewalk sufficient barriers shall be placed around and over
the same to prevent persons or animals from falling therein,
and during the whole of every night while such excavation or opening
is uncovered or unenclosed, a lighted lantern shall be placed
at some convenient spot, so as to cast its light upon such excavation
or opening. Any person violating this section shall be
fined $5, and each day's continuance of the violation shall be
deemed a separate offense.

Sec. 184. Stopping travel on streets, and interfering
with barricades.

The City Engineer shall have the right to stop travel on any
street when the same is being repaved or improved, if he deem
it necessary; and the Mayor shall also have the right to stop
travel on any street when requested by a practicing physician to
do so for the protection and comfort of a patient during serious
illness; and this shall be done by ropes which shall be marked
by some white cloth during the daytime, and by lighted lanterns

at night. Any one removing, cutting or interfering with the barricades
as above provided, or driving or riding on those portions
of the streets so cut off, or in any way encroaching upon or interfering
with any portion of the streets of the city, when they
are being repaved or improved, shall be fined not less than $3
nor more than $10 for each offense.

Sec. 185. Sidewalks—earth embankments abutting.

Wherever earth embankments abut on any paved street or sidewalk,
it shall be the duty of the owner of such property to erect
suitable barriers or retaining walls to prevent loose earth or mud
from falling upon such street or sidewalk. Any violation of this
section shall be punished by a fine of $5, and if any person fail
to conform hereto within a reasonable time after being notified
to do so by the Mayor, each day of default shall be deemed a
separate offense. If, however, a change in the grade of the street,
made by the city, produces an embankment abutting on a paved
street or sidewalk, it shall be the duty of the city to erect protecting
barriers, if deemed necessary by the city.

Sec. 186. Sidewalks—duty of abutting owners or occupants.

It shall be the duty of every person owning or occupying
property abutting on a paved sidewalk to cause said sidewalk to
be kept clear of dirt or filth or dangerous or obnoxious matter
and substances. A violation of this section shall be punished by
a fine of not less than $1 for each offense, unless said dirt or
filth has been deposited on the sidewalk by the city or a public
service corporation over which the person owning or occupying
the abutting property can have no control.

Sec. 187. Refuse matter and garbage—its removal.

It shall be unlawful for any one to throw into the streets or
sidewalks, or on private premises, any dead carcass, rubbish,
newspapers, hand bills, dirt, filth, shavings, manure, offal, ashes,
vegetables, fruit, broken glass, tacks, tin cans, or any other article
or substance or refuse matter of any kind whatsoever, or any
matter or substance or thing calculated to render the streets or
premises unclean or unsightly, or unsafe to any person or vehicle

using the streets, or liable to injuriously affect the health of the
community.

Nor shall any garbage, offal or filth be removed from private
premises and deposited within the city limits at any place except
such as may be designated by the Board of Health as a public
dumping ground.

If it be desired that the above-named substances or matter be
removed by the carts provided for the purpose by the city, the
same may be deposited in barrels, boxes or baskets, and placed in
the street outside the footway, on such days and at such hours
as may be prescribed in the rules and regulations in regard to
cleaning the streets.

All such barrels, boxes and baskets shall, by the owners thereof,
be removed from the streets as soon as emptied.

Any person violating this section shall be fined not less than
$1 nor more than $5 for each offense.

Sec. 188. Hauling earth, garbage, etc., over the streets.

The owner or operator of every cart or other vehicle employed
in removing or carrying dirt, sand, coal, manure, or filth or offensive
matter of any kind or description, along or over any of
the streets of the city, shall have and keep the same in such tight
and secure condition that such matter shall not be scattered or
suffered to fall on any of the streets aforesaid, under a penalty
of $5 for each offense.

Sec. 189. Fruit peels or other slippery articles on the
streets.

No person shall throw upon any sidewalk or street crossing,
any rind, skin or peeling of any fruit or vegetable, or any other
article liable to make a person slip or fall. For any violation of
this section the offender shall be fined not less than $1 nor more
than $5 for each offense.

Sec. 190. Spitting on sidewalks, in street cars or public
places.

No person shall expectorate on any sidewalk or street crossing,
or in any church or public building or on the steps or doorways
thereof, or the steps or doorway of any store or office building,
or on the floor or pavement of any railroad station or in

any street car or other public places. For any violation of this
section the offender shall be fined not less than $1 nor more than
$5 for each offense.

Sec. 191. Coasting, snowballing, etc.

No person shall slide or coast upon the ice or snow in any
street or streets except such as may be designated by the Mayor.
No person shall throw any snowballs in the streets. For a violation
of this section the penalty shall not be less than $1 nor
more than $5.

Sec. 192. Sale of fish, oysters, fruit, etc.

Oysters, fruit and vegetables may be sold or exposed for sale
from any bench, barrel, basket, bar, rack, table or stand upon
the street by a licensed merchant, as long as this merchandise
is in sound and sanitary condition; but no water or refuse from
such articles shall be allowed to flow or be thrown on any street
or walkway under penalty of $5 for each offense.

Fresh fish shall not be exposed for sale on any street; must
be kept on ice, but may be sold by any licensed dealer in his store,
or elsewhere on his premises not less than ten feet from the
property line, as long as the traffic is not offensive to occupants
of adjoining premises; or fish may be sold anywhere on the
premises of a licensed dealer from close boxes with glass tops.

Any violation of any provision of this section shall be punishable
by a fine of not more than $5 for each offense; each day
of continuance after notice to constitute a separate offense.

Sec. 193. Unlawful assemblages in the streets or elsewhere.

The assembling and collecting together of persons on the streets
in such manner as to block up and obstruct free passage shall
not be permitted, and it shall be the duty of the police to disperse
such assemblages.

The assembling or collecting of persons on private premises
in such unusual numbers as to excite suspicion shall not be
permitted, and it shall be the duty of the police to disperse such
assemblages, and to arrest such members of the assemblage as
have been guilty of disorder as defined in § 195.

Premises whereon such assemblages gather shall, when tenants

of near-by houses are disturbed, or for similar reasons,
be deemed disorderly, and the owner may, and the occupants
shall, be held responsible under penalties not exceeding $5 for
each offense.

Any and all persons refusing to disperse after being required
to do so by any officer shall be fined not less than $5 nor more
than $20.

Sec. 194. Loafing and loitering on the streets.

It shall not be lawful for any person to loaf or loiter on any
street, pavement or sidewalk of the city to the annoyance of the
occupant of any property along the same or to the annoyance of
persons passing on the same.

Any person found so loafing or loitering shall, upon the complaint
of any person so annoyed, be arrested by the police and
upon conviction shall be fined not less than $1 for each, offense.

Sec. 195. Political flag poles, processions and drilling in
streets.

No flag poles shall be erected in any of the streets of the city and
no political procession shall be allowed in the city, nor shall it be
lawful for any military company to march or parade through the
streets of the city at night time; but this shall not be construed
to prevent any military company from marching through the
streets on any regular parade or in passing from and to its armory
when leaving or returning to the city.

Sec. 196. Selling or trading or speeding animals in the
streets.

If any person shall trade, or show, or offer for sale, or sell any
stock of any kind in the streets or alleys of this city, or speed
therein any animals exhibited for sale or exchange, he shall be
fined not less than $1 nor more than $5 for each offense.

Licensed auctioneers may be permitted to sell stock on the public
square on courtdays, but the Council expressly reserves the
right to revoke this privilege at any time.

Sec. 197. Auction sales in streets.

No person shall sell, or offer for sale, at public auction, on the
streets or sidewalks of the city any goods, wares, merchandise,

household furniture or other article or thing whatsoever, except
real estate. The penalty for violating this section shall be $10.

Sec. 198. Unattended teams and animals on the streets.

If the owner or driver, or the person having charge of any
wagon, dray, cart, carriage or other vehicle shall suffer the horse
or horses, or other animal attached thereto, to run away with the
same in the city through negligence or want of proper care; or
shall suffer such animal or animals to stand upon any street or
alley of the city without being properly fastened by the bridle or
reins, or without having some person to watch the same and prevent
their starting, every person so offending shall be fined not
less than $1 for each offense.

Sec. 199. Feeding in the streets.

No person shall feed his animals in the streets of the city. Any
violation of this section shall be punished by a fine of not less
than $1 for each offense.

Sec. 200. Backing up wagons to sidewalks.

The driver or owner of any wagon shall not be allowed to back
up the same to the sidewalk except for the purpose of loading or
unloading, and all the time said wagon shall remain backed up to
said sidewalk over and above such time as may be necessary for
the purpose, the driver or owner of such wagon shall be fined
not less than $1 nor more than $5 for each hour or part of that
hour that it shall stand so backed up. And no person shall be
allowed to obstruct the streets while loading or unloading said
wagon, when required to move out of the way; and if he fails to
do so then he shall be fined to the same extent as heretofore provided.

Sec. 201. Right of way on streets.

The driver of every vehicle shall upon meeting any other vehicle
in the street, keep to the right, and, when stopping, shall
place his vehicle as near as possible to the curbstone; but in no
instance shall he stop in the middle of the street or upon the crossings.
Any one violating this section shall be fined not less than
$1 nor more than $5.

Sec. 202. Rate of speed on bridges.

No person shall ride or drive at a gait faster than a walk,
across any bridge or similar structure belonging to the city or
open to public use. The penalty for violating this section shall
be $5.

Sec. 203. Fast riding or driving.

No animal shall be ridden or driven and no vehicle shall be
propelled over the streets of the city at a greater rate of speed
than eight miles per hour. No vehicle without springs shall be
driven over any paved street at a gait faster than a walk. This
section shall not apply to street cars. A violation of any provision
of this section shall be punished by a fine of not less than $2
nor more than $10 for each offense.

Sec. 204. Excavations—private lots.

All holes, depressions, excavations or other dangerous places
upon private lots that are below the grade of the adjoining street,
shall be properly enclosed with fences or walls, or be filled up by
the owners or occupants of said lots, so as to prevent persons or
animals from falling therein. It shall be the duty of the Mayor
to notify the owner or occupants of premises on which such
dangerous places exist, and require that fences or walls be built
around them, or that they be filled up within such period as he
shall deem that the exigencies of the case may require. In case
of failure to comply with such notification, said owners or occupants
shall be fined $2 for each day such failure shall continue,
and the Mayor may also cause such fencing or filling to be
done at the expense of the city, and the sum so expended, with
twenty per centum thereof added as a penalty, shall be collected
of said owner or occupant as other fines are collected.

Sec. 205. Private alleys.

It shall be the duty of every owner of a private alley to have the
same so graded as to prevent the accumulation therein of water
or filth, and keep the same constantly clean and in good order.

Any person failing to comply with the provisions of this section
shall be fined not less than $1 and not more than $5; and
every twenty-four hours that he shall so neglect or refuse to comply

with the provisions of this section after notice of the violation
by the Mayor or police, shall constitute a separate offense.

Sec. 206. Street drumming.

Any person who shall obstruct or unduly interfere in any way
with the passage of persons along any of the public highways of
the city for the purpose of inducing them to purchase any article
or thing or to enter any shop, store or stall, or any hotel, boardinghouse
or restaurant or like establishment, or who shall importune
passers-by to make any such purchase or enter any such establishment,
or who shall in any disorderly or undue manner solicit trade,
custom or patronage in or along the public highways of the city,
shall be punished by a fine of not less than $5 nor more than
$25.

Sec. 207. Barb wire fences.

No person shall erect along or on any street or sidewalk of the
city what is known as barb wire fencing. Any violation of this
section shall be punished by a fine of $5, and each day that such
violation continues after notification by the Mayor to remove such
fence shall constitute a separate offense.

Sec. 208. Traction or other heavy engines.

It shall be unlawful to convey any traction or other heavy engines
having flanged, corrugated or bevelled wheels on or across
Main Street, without its being transported on a temporary track
of plank or other suitable material, or being placed on another
conveyance that will not damage the brick pavement. Any person
violating the provisions of this section shall, on conviction thereof,
be fined not less than $5 and not more than $50 for each and every
offense.

Sec. 209. Hand bills.

It shall be unlawful to affix any hand bill, poster or advertisement
to any bill board, post or other place in the city, except by
paste or tacks so as to hold the same securely and not allow them
to become detached or blown about the street. Any violation of
this ordinance shall be punished by a fine of not more than $5,
and the party whose name is attached to or printed on the hand
bill, poster or advertisement shall be held liable for the fine.

Sec. 210. Coasting on Vinegar Hill.

It shall be unlawful for any person to coast down Vinegar
Hill on a bicycle, wagon, sled or any other vehicle or contrivance.

Any person violating this ordinance shall be fined not less
than $1 nor more than $5.

Sec. 211. Open ditches to be reported to the fire department.

Whenever the superintendent of the water and sewer or gas
departments, or the official of any other department, shall cause an
opening to be made in the surface of any street for the laying or
repairing of pipes, etc., it shall be his duty to notify the fire department
of the location of such opening immediately upon the
commencement of such work.