The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1899-08-09
Ordinance No. 10.

An Ordinance defining and decloring what shall
be a public nuisance and providing for abatinC
the came and punishing the person maiutain-
ing the same.
Be it ordained by the city council OF the city of
Madison, South Dakota.
Section !. That any room, building or other
enclosure within the corporate limits Of the city
OF Madison, South Dakota, where vinOus, spirit
Gus, malt, brewed, ted or other irtoxica-
ting liquors are sold at retal! to he drank on the
premises where cold, or to which persons are in
the habi. OF r%esorting for the purpose OF drinking
the aforesaid intoxicating liquors, Is hereby de-
clsred to be q public nuisance. -,
person, firm or corporation to keep or maintain a
public nuisance as defined in section / OF this
ordinance within the corporate limits of the city
o! Nadisor, South Dakota, and any person who
shall keep or maintain a public nuisance such as
defined In section l OF this ordinance, either a.
proprietor thereof or a. the agent, servant or
employe OF any firm or corporation, or who shall
aid or assist in keeping or maintaining the same,
shall on conviction thereof be fined in any sum
not less than fifty dollars nor m ore than one hun.
dred dollars and all costs Of prosecution, and
shall be committed uutil the fine is fully paid.
Section B. That it shall be the duty OF the
chief OF police, or any policeman o! the
city OF Madison, or any person. when
they know or have information tina, any person
is keeping or maintaining q public nuisance az
defined IN section l OF this ordinance, to forth
with make a written complaint as required by
Jaw 10 either the police justice or city Justice OF
the city OF Madison thereof, and thereupon the
said justice shSal issue his warrant directed 10
'N - - Hoa1I OSAiSS ~ suC SlLt
OF Madison, or any peace officer Of Lake county,
commanding him to forthwith arrest the person
or persons therein named and to abate such
nuisance by securely closing or FASTENING all en-.
frances thereto so % to prevent any entrance TO
the same, and to forthwith bring the person or
persons go arrested before him for trial: that
until after final judgment in such case the officer
so abating such nuisance shall keep and main.
tain possession OF the same and ehal! keen the
same securely closed.
Section 1. That il such person or persons 40
arrested IA AfOPQRAi0- shall no con,;ct.J - ~.
onense charged in such complaint. he shall be
punished a. herein prescribed and in addition to
such fne and costs the justice shall enter an or
der as a part Of the judgment Of the court ad-
Judging. the room, building or enclosure de.
scrlbed in the complaint to he q public nuie.
ance and directing the officer having possession
and keepthe came securely closed and fastened
SO as to prevent ali entrance to the sam nnt,i
the same is released in the manner provided nv
shis me-, ora,nance: BUY y the person or persons
shall be acquitted " the charge made then he
shail be forthwith discharged and the possessinn
Of the room, building or enclosure 40 se,zec and
closed as aforesaid shall be I rthwith surrendered
and restored.
Section ). Tn 1t the owner of INV bui,d;ro.
room or enclosure which shall have been al.
judged to be a public nuisance and closed under
the PROVISIONS OF this ordinance, may have such
building, room or enclosure released ana the
possession thereof restored to him on denoaitin0
with the city treasurer Of the city of Madison the
vam o., Two n1narsa dollars and entering into a
be signed by the owner and the mayor of ssid
city, conditioned that euch building. room q, an.
c.oauie tna!i not again be used as q place for the
sale OF vinous, spurious, malt, brewed. ermente
or other Intoxicating liquors at retail. To he
drank in such room, building or enclosure ~ n
a place where persons are In the habit Of resort.
intoxicating liquors, until after Juiv /. IAN srdW
the same are so used and adjudeed 10 he = nnhiic
nuisance as herein dehned. the said money M
shall sSsH' BE- forever W'sn i iosfe iieS to s'e: .ca s.. ss :'otss.id
solnte property Of the city Of Madiso q. and II the
same are not 80 used until July let, 1900. then on
S Sa s 1etn,a aast :, o. .tee sacn money 80 deposited shall
ment nereinoefore mentioned shall be mao In
duplicate and one copy thereof shall be delivs.ed
Gsi ana hIea With the city auditor and the other
same ns such owner or owners: thai = .ns
I'm after any building, room Or enciosnra - NJ
nnh' Eecm seized. closed and adjudged to be =
post Of 1n money an: :nd r snss,ina BY ,n making 1sse the Dc:
agreement % hereinbefore provided. and wSi,e
nasn 10y sg.eement is yet 10 force and the money
Closure cHs : yfe t shsl 4 .as,n such Ss building, room or en;.
nuisance as defined In section i OF this o,AI..
nsnce' ana under the provisions Of this or6i.
SAID aad.s and .1e IN t s"cn an, money 80 deposited a. afore-
he Iorx = = tne clty treasury 90 aforesaid, shall
city Of Madison. p'ope''y OF me
,ss Sec cnS d; That this ordinance shall take es.
a as1e S1a U and ~ a 1oFGe Tom and after its passage,
approved this 9Th day Of August, 1899.
President. o,c,.. e.. +. GREGORY.
't the r;ax o. o. t,GH'ty Counctl and Acting Mayor Of
Attest:
WIN. RAE, Auditor.
sr Inc eei foregoing ordnance was introduced and
ely OF Madison, South Dakota. held a. ~ =" cn r"c
G.. room on the 7th day Of July. 1890. ana ~.
ass,ai ass sh: and p ss,s by said ,city Council & :
dav ~ s11 aD ne'd 81 the council room on the
sc.,pg ;a mayor OF said city on the 9Th dsy 81 "a.