The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1848-12-07
AN ORDINANCE;

repair, ana IN rfShsale Utc Ust 0f SiGe W dMs.
Sect,oi. lst. be II Ordained by the MAYOR and
Aldermen Of said town, That il any person or
persons shall hereafter make and set mp, or
cause to be made and set in any street. lane, or
Puoiic niiey within said town, any step, cellar
uooF, or cellar wa,, more than Tour iect
from The line OF the street into the side walk or
stree, or more than three feet from the line ot
sucn alley INTO the same; and il any person or
persons shall hereafter make and get up any
Po'ch, bn!H, Jut window, other incumbrancc
WHATSOEVER, whereby the passage ct any street
OF aiiey as aforesaid shall be Distracted, or shall
SO pace, ar cause to be placed, any spou, or gut
Ter, whereby the passage of any street or a.scv
ns aforesaid shall be ncomnloded, every person
so Offending, on conviction thereof before the
proper tribunal, shall. for every such offence.
forfeit and pay any sum not exceeding twenty
dollars, and shall forthwith reGoyc sucl, nui-
sance, or caase the same 10 be removed and IL
any person or persons convicted OF any offence
as aforesaid shall neglect refuse 10 remove
such nuisance, or cause the same 10 he removed
as aforesaid, every person 50 offending, on con-
yicton thereof before the proper tribunal shall
Tor every day such nuisance shall remain after
the .rs! conviction NJ aforesaid, forfeit aud pay
the sum OF ten dollars, with costs OF prosec utioi.
Section ID BE il further Ordained, That ifany
blacksmith or other person shall causc any horse,
mare or gedng, TO stand in anv OF the streets,
lanes, o. alleys n aiore aid. whilst he is shooting
or preparing 10 shoe such horse, mare, or geld
ing, every such blacksmith or other person 80
offending, on conviction thereof before a roper
tribunal, shall Tor every such offence, forfeit md
pay any sum not exceeding five dollars, with
costs at suit.
Section 81 Tha, If any person or persons shall
hereafter Sc, up place. or iix any pos, or posts,
rail- or rails IN any of the streets, lanes or nileys
aforesaid, Tor the purpose of fastening thcreunto
any awning, or erect any shed or awning Of
boards into or over any part Of any OF the Streets
lanes, or alleys aforesaid, or 10 drop any awning
nearer 10 the top OF the curb stone than seven
feet and suffer the same TO continue 80 as TO in
commode the citizens or 10 obstruct the view
from the side walk into across the street, ev-
cry person 50 offending, on CONJUNCTION thereon
before the proper tribunal shall for every sach
offence, lorieit and pay any sum not exceeding
twenty dol ars, with costs of suit; and all such
posts, rails. sheds and awnings already set up or
erected, are hereby declared to be common nui-
sances. And il any owner CO owners Of any
snch post or 20 Is, rail or rails. shed or awning,
shall 81 iar or permit the the same 10 remain
contrary 10 the provisions OF this ordinance, eve
ry person SD Offending, on conviction before tho
proper tribunal, Tor every day the shall re-
main contrary 10 the provisions OF this Ordi-
nance, forfeit and pay the sun OF ten dollars,
with costs ot sni.
Section An. Re it further Ordained, That it
cellar, the door oi which max be in any street,
lane, public alley, within said town, shall
cause or allow such cellar door TO be kept, or
remain open at any time between twilight in
the evening and dayligh, in the morning, with
Out NJ the same time having light IN such cell
lar way. every person offending, on conviction
thereof before the proper tribunal, shall for eve
~ such offence. forfeit and pay any sum not ex-
ceeding five dollars, with costs Of suit.
M ur,h DrIn Ttat
any person or persons except suc!, may be
under the superintendent at the Supervisor or
Na,or and Aldermen al said town: shall here
after dig IN, or III any manner break up any OF
the streets, sidewalks, lanes. alleys, public
grounds, or commons Of said town, or s.a'l raise
ar break up anv part of anv oi the pavemcnfs or
curb stones therein, for any purpose whatsoever,
without having previously obtained PERMISSION
SO to do from the Mayor and Aldermen or Sn-
pervisoT Of said town. every person offending,
un conviction thereof before the proper trlbu-
nal. shall, Tor every such offence. forfeit and pay
any sum not exceeding twenty dollars and costs
OF suit for each offence.
Secsioa Oh. he il further Ordained, That when
any person shall he about To erect or repair any
house or building or erect house or building
and shall wi.l, 10 occupy part II the street, by
placing a lime house and materials for building
therein, such person shall apply 10 The Mayor OF
said town, who shall allo, such pnrf OF the street
as may tc proper and necessary for such purpose
and grant permit, ID continue in force for such
time as shall be reasonable and necessary, which
permission shall he in writing, and shall describe
the space TO be used and the Mayor on grant
ing such permission shall include therein such
conditions NJ a due regard for the convenience
OF the citizens may require: and II any person or
persons shall hereafter place any lime house, or
materials for building or other incnmbrance
whatsoever, in any street or public alley in said
town, without permission OF the Mayor as alore-
said, and shall suffer the same 10 renlnin in such
street, lane, or alley, more than 'weniy-iour
hours, or shall neglect refuse To remove any
such lime house, materials for building, or other
incumbrance, out OF such street, lane or alley,
upon the request or order Of either the Mayor,
Marshal or any Alderman oil said town, or il any
person or persons having permission as aforesaid,
shall in any respect violate the conditions there
of, or any OF them, or suffer or permit any such
violation, ever, person so offending, on convc-
ton thereof before the proper tribunal, shall, for
every such offence, forfeit and pay nny sum not
exceeding twenty dollars with costs Of suit.
Scrfion tn. That il shal; DO tho duty of every
person engaged, and the employer OF every such
person engaged, In cycavatiTg the earth In any
Of the streets, lanes or alleys, any other open
or exposed portion of the town Of Davenport
where the same NIL occur from the excavation
Of cellars upon individual! property or otherwise
10 have the sides Of the excavation or embank-
men, SD made. protected without delay, bv suit
able barriers, against accidents or injury 10 per-
animals passing near the same; and on
failing to erect such barriers MS aforesaid hereai-
ter or that maY now be in The condition rs to
snhcc, persons and animals TO the dangers az
above mentioned, ever, person 80 offending, or
his employer, shall, on conviction thereof before
the proper tribunal tortes and pay for every snch
offence, and for every davis continuance OF the
same, any sum not exceeding twenty dollars nor
less thnn Eve dollars, with costs OF suit.
Section 9th. BE is further Ordained, That i
an. person or persons shall hereafter cast or lay,
+, cause 10 be cast or laid, any shavings, ashes,
mud, dung, or other filth or annoyance whs,so-