Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-05-30

Or Ieure dsstaee; AL houses OF lil-iame,
gambling houses, houses where in oxicat-
ing liquors are manu- featured, sold or kept
fore sale in violation of the law Of the State
Of Iowa, or houses where quarreling, tight
ing and other breaches of the peace are
carried on or permitted to the disturbance
Of Others; any l,t which retains water un~
I'll u becomes stagnant. or any article or
substance placed upon any street, alley,
sidewalk or public ground, SO as to obsfruct
he same except as permitted by ordinance
or resolution of the Town Council are each
and all hereby declared to be nui: ices and
AS such may be abated.
SIC. =. In all cases where no provision
is herein made, defining what are nuisanc-
es, and how the same may be removed,
sbated or prevented, in EDITION 10 what
may be declared such herein, those Qffenses
which are known TO the common law OF the
land and the Statutes of Iowa as nui5aaces,
may in case the same exist within the town
limits be treated as such, and the party
causing continuing or permitting the same,
and the premises may be proceeded against,
as in this ordinance provided.
SEC. 3. Whenever any nuisance, source
of filth. or cause Of sickness is found, upon
any private property, or any. premises are
found to be so kept as to be injurious to the
health of or. offensive to the neighborhood
or any private family or person, the Town
Marshal when he has personal knowledge
Of, or is notified Of the fact as by ordinance
provided, SHALL or the Mayor OF any trustee
may, serve upon tie owner, occupant or
agent of such property notice in writing,
by reading such notice to such owner. oc,
cupant or agent, and delivering or offering
to deliver to him copy thereof requiring
him to abate or remove such nuisance,
source Of filth or cause Of sickness, within
twenty four hours from the time of service
Of such no ice aud if such owner, occupant
or agent neglects or fails to remove and
abate such nuisance within the time pre-.
scribed ia such notice for the removal thero-
OF, the Town Marshal or other person noti-
flying sail owner, occupant or agent, shall
institute proceedings before the Mayor. and
said owner, occupant or agent, and the
premises shall be dealt with as provided in
Sec. 4 of this Ordinance.
SEC. l. Whoever shall cause, or contin-
ue, or keep any nuisance rs defined in this
or any ordinance of the town, or permit
any nuisance to exist il or upon any place
or premises under his control, shall be sub
iect to a fne of not less than one nor more
than twenty dollars for the first otfense and
costs, and of not less than five nor more
than forty dollars for any subsequent Of.
tense and costs, and may by order Of the
Mayor be committed to the Jail Of Tama
county until the fine aud costs arc paid, or
the defendan. discharged by due course of
law; provided, that in case Of continued
= 80 ~, AL; onch tina shall
not exceed ten dollars for each days con-
tinuance and in all cases Of convection
under this Ordinance whenever it shall ap.
pear to the Court that such Nuisance exists
ut the time Of conviction, that Court shall
order and adjudge the removal, Or abate-
ment or destruction. as the case may re-
uuire, Of such nuisance, and therefor shall
issue his separate warrant, and the Court
shall inquire into the probable costs OF such
removal. or abatement, or destruction, and
shall tax the costs therefor to the defend
ant. snd the warrant for such removal,
a abatement, or destruction, shall also direct
the Marshal or officer serving the process,
to make such COSTS fI2m the property OF
such defen liant.
Sec. 5. 1t shall be the duty OF all per.
sons to remove and properly bury beyond
the town limits. the carsasses OF al uesu
animals owned by them, and whoever enaH
suffer or allow the carcase Of any horse, OK
or other animal belonging to him or IL his
charge. which may come to its death from
any cause to lie unbur;ed or draw and de-
positthe same upon the banks or shores ofany
water, or in or upon any street, alley, pub
lie or private grounds, within the town,
without properly burying the same, he shall
be deemed guilty Of causing nuisance. and
upon conviction, shall be fued as provided
in section four of this Ordinance.
SEC. +. Whenever any carcass OF any
dead animal or other offensive eubstapes,
or subs lance injurious to the health Of the
public, or to persons in its vicinity is
found upon any ground, or in any place, for
the removal or abatement Of which no per-
son can be found liable. or is unable to re-
move the same, it shall be the duty Of the
Town Council, Mayor or Gown Marshal, to
cause the same to be removed, or abated ut
he expense of the town.
SEC. Z. Any parcel Of land upon which
water becomes stagnant, is declared nuis-
lnce and the Town Council may, by resolu-
ion, order the same to be raised or itied
lp, or drained in such time and manner as
hey may direct, and copy of such resolu-
ion shall be served upon the owner or
agent or attorney of the owner Of such lot
y parcel Of land, personally. or by publica~
ion thereof, for two successive weeks, N
some newspaper Of general circulation in
The town, and in case of failure to
comply with such resolution the Street
upon an order from the
Town Council, shall perform the Services
required thereby, and IN such case he she'll
return TO the Council a detailed statement
Of the costs thereof, which shall be paid by
the town, and the town shall recover the
costs thereof by action as by law provided,
and shall have lien upon such lot or par
eel of land, therefor. from the time of the
Of the resolution ordering such i'm.
proyement and to be enforced as prov ided
by law.
Sec. s. All Ordinances or parts of Or
dinances in conflict with this and an Orii-
nance e. titled "An Ordinance concerng
Nuisances," pessed September 6, 1866 are
hereby repealed.
SEC. 9. This Ordinance shall be in force
and take effect from AID after its passage
and publication in the Tama County aEpuB-
LIcan.
Adopted May 81, 1872.
L. B. NELSON,
Mayor.
j. D. Newcomer,
Recorder.