Semi-weekly independent. (Plymouth, Marshall County, Ind.) 1895-1897, 1895-12-18
ORDINANCE NO. 1877.

ers or Occupants of Real Estate in the
City to Clean the Snow and Ice from the
Sidewalks Ground to be 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 occu-
pant. or if unOccuped. the owner. of any lot or
parcel of ground lying within the corporate linn
IFS of the city as now established or which NAV
hereafter be annexed, adjacent to any street of
said city. to keep the sidewalk appertaining 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
o'clock "A. m, next ensuing: provided, that il
there 5e no sidewalk constructed, the ground or
foundation over which and upon which the walk
width provided by the sidewalk ordinance which
is now in force or which may hereafter he or
dai1ed. shall be kept free and clear from snow
and Ice as above provided
And where buildings contain more than one
occupant. the person or persons. firm OrcOrpOra-
ton: occupying the front room nearest the street
level. commonly called the ground floor. shall be
first liable but upon failure by him OF them to
comply with the provisions hereof. il shall be the
duty of the City Marshal To notify any other
or them To perform such duty within two hours
after the service of such notice upon him or them
the person so notified shall be liable. as in the
hrst instance. To prosecution as hereinafter pro-
vided
SEC. 2-If the owner of any real estate men,
toned in Section of this ordinance Is nOn-resi-
dent of Marshall county. and the property is un-
occupied, it is hereby made incumbent upon the
person attending TO collection of rents for said
property OF who in any way controls said prop
erty. To perform the duties prescribed in this
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 be fined in any sum not
less than three dollars nor more than fifty dol
lars.
SEC. And when any occupant. owner or
agent shall fail or refuse To do and perform the
Things To be by them none and performed under
Section and of this ordinance within the time
prescribed 1T shall he andiS hereby made the duty
OF the Streets Commissioner of the City of Plyni-
outh upon the order of Mayor. or Chairman of
lhe Sue tC0mmlttee or any two members of the
Council To clean the snow and ice, from the side
walks or ground upon which such walk would he
punt II required. a. herein ordered, and make
return of the cost thereof To the City Clerk who
>ldl report the same To the Common Council at
Their next regular meeting.
SEC. 1T shall be the duty of the City Attor-
ney unless by the Coun il ordered otherwise to
immediately institute suit against the person
whose duty it is To clean the same. for the recOv-
cry in "A civil action of the amount of cost of
cleaning as returned by the Street Commissions
er: and provided if there be no occupant. and if
the owner be nonresident of the State of IN
dlaIa. such recovery shall be aided and enfOrc-
Ell ny attachment proceedings against the real
estate of such owner. And an action may be i'll
StItuted by this City for the cost of any one
cleaning or the cost of any number of ceanngS
provided that the full amount due said City for
such cleaning from any one person at the time
suit Is brough shall all be embraced in one ae-
ton.
And in addition To the recovery of the costs of
cleaning such City shall recovery for the use of
her attorney a reasonable attorney : fee in each
suit.
And the recovery under this Section shall not
operate "a a discharge of any person from liabil-
lty 10 prosecution. but il an additional remedy
SEC. 6-All Ordinan 'eS or parts of Ordinance
In conflict herewith are hereby repealed.
SEC. An emergency existing for the i'm
mediate taking effect of this ordinance it is
hereby ordered that publication shall be made
at once according to law in the MARSHALL
COUNTY INDEPENDENT and said ordinance
shall take immediate effect upon such publica-
ton.
Passed December I'd, 1895.
Attest
WILL +. LEONARD. JOSEPH SWINDELL.
City Clerk. Mayor of City of Plymouth.