The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-12
No. S91


TO DEFINE AND DECLARE WHEN
WORkS ARE A NUISANCE
PROVIDING PENALTY FOR THE
PRoPRIEToRs, OCCUPANT OR oC-
CUPANTS. AND THE DUTIES OF
THE CITY COMMISSIONERS, CITY
ENGINEER, AND COMMISSIONER
OF PUBLIC HEALTH, FOR FAIL
URE TO ABATE THE NUISANCE
A AErER 2t5 N No n6F o En THE T, EXIST list;
RIGHT OF PETITION IN RELATION
BE IT ORDAINED BY THE BOARD
OF CITY COMMISSIONERS OF THE
Section l.. (When gas works are a
nuisance.)
Any person, persons, firm or corpor-
alton, now or hereafter engaged in OPP
Grating any ga works or factory for
the manufacture of gas, within, or
within n mile of the corporation linn
it's OF, the City of Fargo, who shall
lses, or on premises of which he, she,
they Or 1t may be the occupant or oc-
cupants, any considerable quantity or
amount of offensive, nauseous, or
wholesome smoke, coal or coke dust,
gases, fumes or smells to escape, or
to be emitted therefrom and, borne by
the winds, to be precipitated upon the
of adjacent h~ouseholders or
NANAt ~ N1S y 9ALoSAA ioSet
or such gas works or factory, in suffi-
cient quantity or amount to injure or
endanger the. health or safety of ami
NAL 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 injure the comfort and
repose of any considerable number of
persons of ordinary sensibilities resid-
ing in the neighborhood of such gas
house, works or factory; provided, that
such offensive, nauseous or unwhoIe-
some smoke. dust, gases, fumes or
shown to affect at the same time an
entire community or neighborhood. or
a considerable number of persons,
buildings or premises; or h shall
throw or deposit, or suffer to be thrown
or deposited any gas tar or refuse OF
any gas house, works or factory into
n sewer owned by or used by the City
of Fargo, or into any river or stream,
into any river or stream within one
mile of the corporation limits of the
City of Fargo, shall be guilty of a mis-
demeapor; and such acts, either singly
or collectively, shall be held and con-
strued to be unlawful acts, or the
omission to perform duty or duties re-
quired by the public good, and each
such unlawful act or omission and the
SPDAt W AtSt 80 40 1AAJT
sue gas house, works or factory from
which I'M of the foregoing offensive,
or unwholesome effects ema-
nate or are emitted, or where the Same
is done or permitted to be done, shall
constitute and Is hereby declared to
be a nuisance.
Sec. .. Nuisance may be petitioned
against BY whom. Notice to Abate.
How served.)
Upon petition of any considerable
number of freeholders in fee (not less
than flfty) residing within fifteen hun-
dred feet in any direction from the
nearest property line of the premises
now or hereafter occupied by or upon
which Is operated any gas house, works
or factory land the aggregate value
of the real property of such petition
ers combined shall equal at least the
sum of fifty thousand dol1ars) pray
ing for the abatement of such nuisance
as described and definedain section 1 of
this ordinance, then and t~hereupon it
shall be the duty Of the board of city
commissioners to order and direct the
city engineer and the commissioner OF
yestigate and make to 1T his separate
report, findings and recommendations,
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 iE,
upon the filing of such reports of In
yestigation, findings and recommends
~ AS " ~ 80 4AAAS o1h W -
commissioners shall so decide inc de-
terrnine by majority vote, lit may order
and direct the city attorney to serve
notice In writing upon such person,
served and returned In like n as
ia lis served and returned, to
abate such nuisance forthwith. And
If the owner or owners, occupant on
occupants, of such premises on which
the said nuisance shall be situated
Shall neglect or refuse TO abate the
such notice shal have been served, he.
she, they or ii, upon conviction there
of. shall be liable to the penalties
hereinafter prescribed.
Every day such nuisance shall con-
tinue to be undated after said thirty
days shall constitute a separate Of
Tense.
Sec. 3. (Gas works q 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 I OF this
be the duty OF the board of city com
m~issioners to s~urnrnarily abate the said
nuisance. or the acts or omissions
manner Is ii may direct. II sasA
Sec. 4. fPenaitfes for Violation of
EOrdinance.)
Any person who violates, disobeys.
negiects or refuses to comply with, or
who wilfulIy omits to- perform any
duty relating to the ~renaoval Of,
discontinuance or abatement OF the acts
or omissions constituting any such
nuisance as defined herein, or who re-
sists n OF the provisions OF this or
dinance shall upo11sarrest and eoTavfc-
tion be punished by b fine not exceed
ing one hundred dollars or by fr1prIa-
oflnaent In the city Jail for the period
not exceeding sixty days, or by both
such fine and Imprisonment t tor each
and every ofTense.
See. 8. fRepeaI.e
All ordinances and parts of ordf-
nances heretpfors adopted witch rrlmv
In any manrer conflict with. the pro-
visions of this ordinance are hereby ra~
peaaed.
feet ana beifa force ten days from ana
after Its final passage and publications
First reading June B 1919.
Second reading and ANAL passage,
June ~, 1913