Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1902-07-02
LAWS
Which All Should
Obey.
Attorney A. J. Wilhelm
Speaks
OF the inconsistencies Of Local
Justice.

Since the Mayor and the City au-
thorities seem to be at loss as to the
best course to pursue with reference
to the enforcement Of the statutes Of
Ohio and the CITY ordinance which
makes it misdemeanor to place nui-
sances or distractions of any kind
on sidewalks within the municipality
of the city, as a taxpayer, although 1t
may be improper and an assump-
tion of considerable audacity, for a tax
payer to insist on any
of his rights given him by
the Legislature and the ordinances,
to say nothing about the constitution
of Ohio and the United States. ! will
venture to make few suggestions
along that line. l do not claim to be
infallible, but from the construction /
put on the statutes and the ordinance,
1t seems to me there Is only one of
two things to do, either enforce the
law or permit it to be violated. There
certainly can be no question as to the
rights of the public to the sidewalk.
and every part thereof. The statutes
which refer to read as follows:
Sec. 1854, II. S., Whoever sets up
any table. stand, tent, wagon or other
article, to use or let for profit on a pub
lie footwalk or sidewalk constructed
according to law. by any person, or any
Board Of Education. the Council of
any municipal corporation. the trus-
| of ,ofo a accnntQt ttnn fhQ
trustees of any township or any agri-
cultural or religious society, or rides
drives, leads, or bitches any horse or
other animal on such footwalk or side
walk, or in any other way obstructs
the same, or digs up or removes any
of the material of which the same is
composed. shall be fined not more
than S25 nor less than SIS dollars, or
imprisoned not more than ten days or
both"
Sec. 2640, r. S. "The Council shall
have the care, supervision and control
of all public highways, streets, av-
enues, alleys sidewalks. public
grounds, bridges, within the corpora
tion, and shall cause the same to be
kept open and in repair, and free from
nuisance"
Sec. 1928, r. S. THE Council shall
provide by ordinance for the construc-
ton and repair of all necessary side
walks within the limits of the corpora,
ton. and may require by the imposi-
ton of suitable penalties or otherwise
the owners and occupants of abuttine
lots and lands 10 keep the sidewalks
and cutters in repair, free from snow
or any nuisance, etc"
In pursuance of the last two sections
referred to, the city Council passed an
ordinance which is found in Chapter
Al of the City ordinances of 1898. and
Section 492 of said chapter reads as
follows: 1T shall be unlawful fol
any person to place, cast leave or suf
fer to be left, upon any of the side
walks or cutters of said city any ashes
coal. wood, stone brick. box barre
hogshead, snow or other movable ar
ticles or substances. which obstruct
the free use of any part of said
|
be cut or sawed. any wood boards OF
any other lumber or timber or feet
any hogs, cattle or horses, or milk any
cows, upon any portion of said side
walks: provided, that this section shall
not be construed to prohibit such ust
of -any sidewalk as may be necessary
and reasonable in receiving or dis
charging from the adjoining prem
ises any of the aforesaid articles o.
substances"
1t is further provided in said chaptel
under section i9S, as follows: II
shall be the special duty of the cniet
of police 10 see that all the provisions
of this chapter are faithfully obeyed
. and to make complaint in writin.
against any person violating the same
and it shall be his further duty, i'm
mediately after each fall of snow Il
any considerable depth. to pass through
the streets and cause such snow t,
be removed from the Sidewalks of tn,
city, according to the provisions O.
this chapter"
After reading the sections of tn,
statutes and the ordinance above re
ferred to, how long will 1t take am
fair minded citizen to pass upon tn,
: guilt or innocence in the cases recent,
brought in Mayors court. and wha
fair minded business man ish ther,
who will not acknowledge that he ha
no right to obstruct the sidewalk o.
any part Of the same? do not de
sire to be technical In asking the en-
forcement of this law, vet. no law
abiding citizen will complain agains
its enforcement. Nevertheless the mer
, chants ought to realize that they ar,
. being accommodated when permitted
to use the sidewalks, and that the,
are not accommodations the genera
, public when they keep the sidewalks
, clear, and If permitted to use the side
, walks, should at least be satisfied
with using not to exceed three fee
from the building out, and Keep tn,
outside clear. ."t
There has been great deal sait
and considerable influence brought Il
bear-by great many parties wht
/ constantly violate the sidewalk ordi
/ nance, with reference to leglsla tioi
against hucksters. If the peddIers
, ordinance is violated it takes but ,
short time until the guilty party mus
suffer the consequences. | never We