The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-11

falling about $4,000 per month short
of meeting expenses.
The gas ordinance, passed today,
reads as follows:
Be it ordained by the Board Of City
Commissioners of the city of Fargo:
Section /. Any person., persons,
firm or corporation, now or hereafter
engaged in operating any gas works
or factory for the manufacture of gas,
within, or within one mile of the cor
poration limits of the city of Fargo,
who shall suffer on his, her, their or
it's premises or on premises of which
he, she, they or it may be the occu-
pant or occupants, any considerable
quantity or amount of offensive nause-
Gus or unwholesome smoke, coal or
coke dust, gases, fumes or smells to
escape, or to be emitted there
from and, borne by the winds,
to be p~recipitated upon the
property of adjacent ~householders or
persons residing in the neighborhood
of such gas works or factory. in suff1-
cient quantity or amount to injure or
endanger the health or safety of ami
ma or vegetable life; or damage or
destroy paint upon buildings, or in any
way render insecure or uncomfortable
the life or health of persons or the use
of property; or who shall produce or
permit to be produced, on such prem
ises, loud and disturbing noises, such
as to annoy or injured the comfort and
repose Of any considerable number of
persons of ordinary senslbilities re-
siding in the n~eighborhood Of such gas
house, works or factory: provided
that such offensive, nauseous or I'M
wholesome smoke, dust, gases, fumes
or& Smells, damage or noises must be
shown to affect at tn eSame time an
entire community or neighborhood, or
a considerable number of persons,
buildings OF premises; or who shall
throw or deposit or suffer to be thrown
or deposited any gas, tar or refuse of
any gas house, works or factory into
any sewer owned or used by the city
of Fargo, or into any river or stream,
or into any or stream emptying
into any river or stream within one
mile of the corporate limits of the city
of Fargo shall be guilty of a
misdemeanor and such acts eith-
er singly or collectively shall
be held and construct
to be unlawful acts, or the omission
to perform duty or duties required by
the public good, and each such un-
lawful act or omission and the prem
Uses upon which is situated any such
gas house, works or factory from
which any of the foregoing offensive,
nauseous or unwholesome effects
emanate or emitted, or where the same
is done or permitted to be done, shall
constitute a nuisance.
Upon petition of any considerable
number of freeholders in fee (not less
than fifty) residing within fifteen hum
bred feet in any direction from the
nearest property line of the premises
now or hereafter occupied by n upon
which is operated any gas house, works
or factory (and the aggregate value
of the real property of such petition
sum of fifty thousand dollars) pray
ing for the abatement of C nuisance
as described and defined in section l OF
this ordinance, then and thereupon II
shall be the duty of the board of city
commissioners to order and direct the
city engineer and the commissioner OF
public health, each separately, to in
vestigate and make to it his separate
report, findings and recommendation,
based upon his personal investigation
of such gas house, works or factory
and the persons residing adjacent
thereto and the premises and neighbour
hoods surrounding the same. And If,
upon the filing of such reports of in
yestigation, findings and recommends
tions by said officers, the board of city
commissioners shall so decide M de-
and direct the city attorney to serve
notice in writing upon such person,
persons, firm or corporation to be
served and returned in like n as
a is served and returned, to
abate such nuisance forthwith. And
if the owner or owners, occupant or
occupants, Oh such premises on which
the said nuisance shall be situated
shall neglect or refuse to abate the
same for a period of thirty days after
such notice shall have been served, he,
she, they or 1T, upon conviction there
of, shall be liable to the penalties
hereinafter prescribed.
Every day such nuisance shall con-
tinue to be abated after said thirty
days shall constitute a separate Of
Tense.
Sec. 8. Gas works a nuisance may
be abated; when and howl
After conviction of any person, per-
sons, firm or corporation for main
tanning any such nuisance as is de-
fined and declared in section 4 of this
be the duty of the beard of city com
missioners to ~summarily abate the said
nuisance, Or the acts or omissions
constituting such nuisance in such
manner as III may direct.
Sec. a. Penalties for violation of or
dinance.)
Any person who violates, ~disobeys,
neglects or refuses to comply with or
who WiIfully omits to perform any
legal duty relating to the removal of,
discontinuance or abatement OF the acts
or omissions constituting any such
sists any of the provisions OF this orr
dinance shall upon arrest and eonvic
tion be punished sbyNa fine notsexceed-
ing one hundred dollars or by impris-
onment In the city jail for the period
such fine and imprisonment for each
and every ofgense.
Sec. 5. Repeal.@