Semi-weekly independent. (Plymouth, Marshall County, Ind.) 1895-1897, 1895-12-11
ORDINANCE NO. 1877.

An Ordinance Making il the Duty of own
ers Occupants of Real Estate in the
City to Clean the Snow and Ice from the
Sidewalks or Ground to he Occupied
Thereby; and Providing Penalty: and
Providing for the Collection of the Cost
of such Cleaning.
BE IT ORDAINED BY THE COMMON COUNCIL
OF THE.CITY OF PLYMOUTH:
SEC. THAT it shall be the duty of the occII-
pant. or if unOccupied. the owner. OF any lot OF
parcel of ground lying within the corporate linn
lis Of the city a. now established or which may
hereafter be annexed, adjacent to any street of
said city. To keep the sidewalk appertaning to
SAID lot or parcel of ground free and clear from
snow and Ice: and after any fall OF snow shall
clear the same from said sidewalk before nine
. clock Il. m. next ensuing: provided. that if
there De no sidewalk constructed, the ground or
foundation over which and upon which the walk
would be constructed when required. To the fun
width provided 10y the sidewalk ordinance which
i now in force or which may hereafter he or
. dai ned. shall be kept free and clear from snow
I ANA lee a. above provided
And where buildings contain more than one
occupant. the person orpetSon>. firm orc0rpOra-
ton occupying the front room nearest the street
level. commonly called the ground floor shall he
first Liable: but upon failure by him or them To
comply with the provisions hereof. i shall be the
dutX of the City Marshal To notify any other
tenant OF said building and for failure 10y him
or them To perform such duty within two hours
after the service of such notice upon rim or them.
the person 50 notified shall be liable. in the
/ rSt instance 10 prosecution IL hereinafter pro-
Ylded.
/ SEC. 2-If the owner of any real estate men
toned in Section of this ordinance i nOn-resi-
dent OF Marshall county. and the property is I'M
/ occupied. II l. hereby made incumbent upon the
/ person attending 10 collection al rents for said
property. OF who in any way controls said prop
ertN. To perform the duties prescribed III this or
| dinance.
! SEC. 3-Any person upon whom duties are i'm
| posed by Section and OF this ordinance who
shall fail within the prescribed time To do and
/ perform any act therein require OF him upon
! conviction therefor before any Court of cOmpe
| tent jurisdiction shall he fined in any sum moi
Tess than three dollars nor more than fifty dol
lars.
SEC. And when any occupant. owner Oh
agent shall fail or refuse To do and perform thu
things To be 10y them none and performed under
Section and of this ordinance within the time
prescribed 1T shall lie andiS hereby made the dutl
of the Streets Commissioner of the City of Flym
Outh upon the order of Mayor. or Chairman o
the Sire tCOmmittee or any two members OF thu
Council 10 clean the snow and ice, from the side
walks or ground upon which such walk would h'
built if required. a. herein ordered, and maxi
return of the cost thereof To the City Clerk VIII,
shall report the same To the Common Council IA
their next regular meeting
SEC. Ut shall be the duty of the City AttOT
ney. unless by the COm il ordered otherwise. L
Immediately institute suit against the perSO
whose duty il Is To clean the same. for the recON
cry in a civil action of the amount of east O
cleaning returned by the Street Commission
er: and provided if there be no occupant. and
the owner be a nonresident of the State OF In
diana. such recovery shall he aided and enfort
ed 10y attachment proceedings against the rea
estate of such owner. And an action may be II
Stituted 10y this City for the cost OF any on
cleaning or the cost OF any number OF cleaning
provided that the full amount due said City IL
+. such cleaning from any one person at the tim
suit il brough shall all he embraced in one IA
ton.
And in addition to the recovery of the costs {
2 cleaning such City shall recovery for the use
her attorney reasonable attorney : fee in e;lc
| suit.
o And the recovery under this Section shall NJ
: operate Il discharge of any person from lIabi
/ ity to prosecution, but l. an additional remed,
SEC. 6-All Ordnan .e> or parts 0f Ordinant
in conflict herewith are hereby repealed.
SEC. An emergency existing Tor the IL
mediate taking effect Of this ordinance. it
hereby ordered that publication shall be mac
at once according to law in the MARSHAL
COUNTY INDEPENDENT and said Ordinan'
o. shall take immediate effect upon such public
, / ton
I Passed December ID, 1893.
- Attest.
WILL Z. LEONARD. JOSEPH SWINpEI.
4 City Clerk. Mayor of City of Plymouth.