Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1851-11-27
AN ORDINANCE
Prcr;dhsg Jor Dte egpoiainsentef a Warden and
Sgislatiag has dgtics.

hereby authorized and empowered to do and
perform all such duties as now are, or hereaf-
ter may, By ordinance, be required Of him.
SEC, 3. .6nd Be IL further ordained. That it
shall be the duty Of the Warden to cause the
tunnels from the several ponds. and the bitches
within the ponds, and the cutters along the
several streets to be kept open and free from
obstruetion-to cause the public square, the
different public streets and sidewalks. lanes
and alleys to be kept free from all obstruetions
or encroaehments that may from time TO time
be found therein. in the manner provided for
hereinafter by this ordinance.
SIC. g. .and Be Il further ordained, That
goods boxes, crates, barrels. stoves, Piows, lum-
Der, slabs, logs. timber, heaps or piles Of wood.
coal, cinder, ashes, castings, honp-poles, sand,
lime, brick, stone, wagons, carts, draYs, car
riages, sleighs, or any part thereof. or any arb
eles that NAV obstruct or impede free passage
along the streets or sidewalk or public ground,
shall be, and the same are hereby declared OBJ
struetions within this ordiuanee.
SEC. 4. Be IL further ordained, That all mon
les received BY the Warden under this Ordi-
nance BY sale or otherwise. shall forthwith be
paid ito the treasury Of the corporation, taking
duplicate receipts therefor, one Of which shall
be fled with the recorder.
SEC. 5. Be 1t further ordained, That If any
person shall obstruct the sidewalk on any street
in said town, except rs hereinafter provided,
and suffer such OF any obstruction to remain
six hours after being notified by the Warden
thereof to remove the same, every person so
offending shall, for every such offence, forfeit
and pay 6ne in any sum not exceeding TWEEN
ty drliars nor less than one dollar: and for ev-
cry additional six hours or any part thereof,
after the expiration Of the six hours aforesaid,
such person shall suffer such obstruction TO re-
main, such person shall be deemed guilty Of an
additional offence against the provisions OF this
ordinance: and in case such obstruction is not
removed or undergoing removal With n
twenty four hours in all from the time OF no.
rice TO remove by the Warden. the Warden
himself shall proceed Immediately upon the ex-
piration Of said twenty-four hours 10 remove
such obstruction.
SEC. 6. Be IL further ordIinei, That IN case
said obstruction removed by The Warden be Of
value, he shall store the same in a house Of
storage, or Jace Of safe keeping. 10 be delivered
10 the owner thereof, his agent, or attorney
upon demand. by bis first paying all expenses
and charges for removing and storage, together
VITA ffty per ceutum pena ty on the expenses
Of removing: that in case the owner, his or her
agent or attorney, fai to apply TO the Warden
for said articles stored, within ten days from
the day of storage, the warden shall forthwith,
at the exp;rniion Of said ten days, priced TO
advertise and sell said property as in cases
upon execution at Law.
SEC. 7. Be Il further ordained, That in case
the owner, his or her agent, cannot be found
by the Warden whereon to serve notice Of re-
moval, he shall forthwith, without service Of
notice, proceed TO remnve the game agreeably 10
the provisions OF sections six or eight Of this
ordinance, as the case may be.
SEC. g. Be IL further ordained, That in case
said obstruction removed by the Warden, Un-
der the fifth section hereof, be of no apparent
value, he shall dispose The same out Of all way
The expen'es Snd charges for removing, togeth
er with fifty per eenium penalty, shall be re-
coverable against the person depositing the
same.
SEC. 9. Be IL further ordained That any
person wishing to erect any building upon any
lot or lots. or part Of lot or lots in snid town,
such person or his agent sh u apply 20 the War
den, who shall Immediately assign such person
reasonable spaee in the street opposite the prem
ises on which said building is 10 be erected, on
which such person may Geposite all the building
materials, scaffllding, &c, TO be used 10 or n
bout the construction thereof, which spaeeso as
signed by the Warden, shall not exceed forty feet
including he side walk on the side such improve
ment is being made and shall not extend nlong
the street further than the width Of the pro-
perty upon which such improvement is being
made, and for such reasonable length Of time
in the opinion of the Warden may be neces-
sary.
SEC. 10. Be IL further ordained, That II any
person hall oostrust any public gutter, or suffer
the same TO become o5structed, and shall suffer
such obstruction 10 remain the time specified
in section fifth hereof after notice BY the
Warden thereof as therein required. every per
son so offending shall in all respects, and for
every such offence be subject TO the penalties
and provisions of said fifth and eighth sec
tions.
SEC. IL. Be IL further ordained. That all no.
iices served by the Warden TO remove obstruc-
tiOns, shall be by copy in writing, left with the
person or persons, or his, her, or ther agents in
case Of non-residents, before whose premises
the obstruction is found, or at his or their
usual place Of abode, and in case the obstruc-
tion is not removed within six hours thereafter,
or undergoing a removnl, the Warden shall
make return OF the original notice, with his
return thereon endorsed, 70 the Recorder, who
shall file the same in his Office.
SEC. IL Be IL further ordained, That nothing
in this ordinance shall he so construed as to
prevent merchants and others from displaying
their goods in front of their store houses, or to
prevent the erection of steps, cellar doors,
awning frames or sign posts. when in the opin- I
ion OF the Warden the same does not interfere
With the comfort and convenience Of the
citizens Of the town Provided, that nosteps or
cellar doors shall hereafter be made to extend |
Iurther than Our feet out upon the sidewalk.
SEC. IL. Be IL further ordained, That for all 4
services of the Warden. he shall be entitled to
the following fees, viz:
For every dray or cart load, Is rents
notice, 10
q &" assignment Of ground, 25 "
" sale, Marshal's fees,
4" labor and services not herein enume-
ated, at the rate per diem Of Sl,00, 10 be
aid in all cases by the person for whom The
erviee is rendered.
SEc. IA. Be IL further ordained. That the
Warden is hereby required to inform in all
'ases Of the violation Of this ordinance.
SEC. Is. And Be IL further ordained, That
whenever the Warden shall neglect or refuse TO
execute his duties hereunder, especially, when
omplaint of any distractions against the pro
isinns Of this ordnance shall lave been made
o him, he shall forfeit and pay a fine 10 the use
( the Town, for each several case Of neglect or
efusal, not exceeding three dollars, nor less
hnn fifty cents. II
SEc. I6 .And be IL further ordained, That
he Town Council shall appoint an assistant
Varjen whenever they may deem it necessary.
Which be done upon the Recommendation Of
he Warden, aad said assistant when appointed
ball have eo-equal Jurisdiction and power with
he Warden.