The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1870-06-03
An ORDINANCES
Relating 10 ObsIrucIfOuS Placed
upon Streets and Public Grounds.

upon Streets and Pablo Grounds.
Be it ordained by the Mayor and C0unctEmeH
Of the cftg Of EDlpOrtd:
SECTION 1. 1t shall not be Lawful! for any
person or persons TO erect or cause to be erect
ed upon any street, alley, or on any of the pub
lie grounds of the city, any building or build
whatever: PrOUided, This section shall not be-
construed to prevent the erection of necessary
scaffolding and fixtures used in the consfruc-
tion of permanent buildings.
SEC. .. No person shall erect upon any street
in this city any scaffolding or other structure.
or place upon such street, any brick, stone,
lumber or other building material, except ia
front of and contiguous to the lot or lots upon
which such building or buildings are to b.
erected; nor shall such material or scaffoldin.
occupy more than one-third the width Of such
street, leaving always at least one-haH Of TIL
sidewalk unobstructed: PrOrided, The City
Council may, by resolution, grant such add
tional privileges to the builder, in their
Judgment shall be necessary to secure the in
terests of the city and individuals concerned.
SEC. 3. 1t shall not be lawful for any person
to place upon any sidewalk any box, barrel.
goods or wares of any description, occupying
a space of more than three feet from the front
Of the lot where such box, goods or wares mRy
be found.
SEC. 4. No person shall place or establish any
awning or shade before his or her place of bus
mess, or dwelling house, over any part OF any
street or sidewalk, unless the same be safely
made and supported. so as in no wise TO incom-
mode passengers, and so that the lowest part
thereof shall be at least nine feet in height
above the sidewalk or street; and said awning
or shade, If built over sidewalk, shall extend
over the outside edge thereof, unless by reason
of shade trees such extension shall be imprac-
ticable.
SEC. 3. No person shall erect, set up or main
tain any portico, platform or door steps eN-
tending into any street or sidewalk: PrOUidsiI.
That this section shall not apply to any door
steps that shall not extend more three and one
half feet into such street or sidewalk.
SEC. 6. No cellar door. basement, buIkhead
or excavation of any kind. extending more
hn fGnf int fhn
passage way, shall be constructed, unless the
same be suitably covered with plank or graf
Ing, level with such walk; nor shall any such
cellar door, basement, bulkhead or other eXca-
walton OF three feet or less, be left open with
out being protected by a good and sufficient
iron railing.
SEC. !. Whoever shall violate any of the pro-
visions OF sections one, two, three or four Of
this ordinance, and who shall neglect
or refuse for period of two days after he
shall have been notified by the City Marshal to
remove, alter or amend such structure, mate
rial or obstruction, so as to conform to tho re-
quirements herein made, shall forfeit and pay
10 the city not less than two nor more than ten
dollars, and for every days neglect thereafter
to comply Herewith, he shall forfeit and pay
the sum OF ten dollars.
SEC. g. No person shall deposit any refuse,
dirt. ashes, rock, or other material in or upon
any street, alley, sidewalk or other public
ground belonging to the city, unless such de-
post shall be made with the consent and under
the direction of the Street Commissioner. ANY
person offending against the provisions Of this
section shall be liable TO fine Of not less than
one dollar nor more than ten dollars.
SEC. 9. No person occupying any building
cellar, loft, tenement, or other place of resi-
denee or business, between Seventh and Third
avenues, on Commercial street, and no occu-
pant Of snch other buildings in said city as
the City Council shall hereafter designate, bv
order or resolution, shall conduct into any
street, alley or thoroughfare or other
public place, or on any lot, any unclean water.
dust, sweepings or other filth from his or her
house, Kitchen, store, place Of business, or
anti rut -.
escape from his or her premises upon any such
place; but such person shall provide barrel,
eask, box, pit, or other tight and convenient
place or places OF deposit, TO be kept at the
rear of the building, store or tenement, con-
TeBtent for evacuation, in which they shall de-
sweepfngs or other filth; and it shall be the
duty Of the City Council to provide, at the ex-
pense Of the city. for the removal of the same,
such manner as the city Council may. by res
olution, provide. Whoever shall violate any
of the provisions of this section shall be liable
to fine of not less than two nor more than
amount for every violation thereafter.
SEC. 10. The City Marshal, or such other Of
Council may designate or employ FOR that pur-
pose, are authorized to enter and examine all
cellars and other places within the city, and II
they shall ind any offensive substance, or stag
naSt or filthy water, to cause the same to be
at the expense Of the owner or oceE-
pant OF the premises, unless such owner or oc-
same TO be removed. Said expense, when in
CURED In carrying out the provision OF this.
section, to be recovered as in other cases of VI
olation OF any city ordinance.
SEC. IL. That all shade trees hereafter plant
ed on the streets of this city, shall be set at q
uniform distance from the side of the street,
and shall be placed as follows: On all avenues
and streets OF eighty feet in width, such trees
shall be placed nine feet from the side or line
Of the street, and no more; and on all streets
and avenues of one hundred feet in width, such
trees shall be place twelve feet from the side or.
line Of the street, and no more; and all posts
for hitching purposes, and sign posts, shall be
placed next to the inside OF the curbstone to-
wards the sidewalk. Any person offending
against this section shall be liable to . fine Of
not less than one dollar and no more than
dollars; and the trees and posts %
set contrary to the provisions OF this section
shall be subject to be removed by the city or
otherwise. .-at,ses5 - -
SEC. II. This ordinance shall be in force ana
take effect from and after its publication.
Approved June LIST, 1870.
.ffEs II. c. CROSS, Mayor.
l hereby certify that the above and foregoing
IS q true and correct copy OF the original or(ifs
nance on die in my Office. In testimony where
of do hereunto set my hand this LIST day Of
June, A. ID. 1870. II. w. MCCUNE.
City Clerk.