Sec. 41. Occupying or using streets or public property
contrary to law.
Any person who undertakes to occupy or use any of the streets,
avenues, parks, bridges or other public places or public property,
or any public easement of any description in a manner not permitted
to the general public, or by ordinance, without having first
legally obtained the consent thereto by the city council, or a franchise
therefor, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five dollars nor more than
fifty dollars, each day's continuance thereof to be a separate offense,
and such occupancy shall be deemed a nuisance, and the
court or justice trying the case shall have power to cause said
nuisance to be abated and to commit the offenders and all their
agents and employees engaged in such offenses to jail until such
order of the court shall be obeyed. (Id., § 194.)
