The Coconino sun., 1923-05-25

--rson shall keep, maintain or leave
open any cellar door, grating, stair
way, shaft, coal hole or other opening
in, near or adjoining any public street,
sidewalk or. alley, or suffer or allow
any such cellar door, grating, stair
way, shaft or coal hole in front of, or
along the side of the house, building,
lot or premises owned or occupied by
him, to remain in an insecure condi-
ton or out of repair.
Sec. 5. The opening in any stair
way occupying any portion of any
public street, sidewalk or alley in the
Town of Flagstaff shall not occupy
more than ten feet of any such street,
sidewalk or alley, measuring along the
building line abutting on such street,
sidewalk or alley, nor more than three
feet measuring outward from the
building line, and no such stairway
shall be suffered or permitted to oc-
cupy any portion of any street, side
walk or alley unless the same be en-
closed with a substantial iron rail-
ing not less than three feet in height,
securely fastened to the building, and
no such stairway shall be permitted or
suffered to be placed in any such
street, sidewalk or alley without a
permit being first obtained from the
Mayor and Common Council.
All stairways now occupying a por-
ton of any such street, sidewalk or
alley shall, within sixty days from
the taking effect of this Ordinance, be
made to conform to the provisions of
this Ordinance.
Sec. 6. Any person or persons who
may violate any of the provisions of
this ordinance shall be deemed guilty
of misdemeanor and upon conviction
thereof shall be fined not less than
five dollars nor more than one hun
dred dollars, and in default of pay
ment of such fine shall be imprisoned
in the town Jail one day for each dol
lar of said fine not paid; and each day
of the continued maintenance, in vio-
lation of this ordinance, of the struc-
ture or distractions mentioned in the
preceding sections of this ordinance
shall constitute separate offense.
Sec. 7. All ordinances or parts of
ordinances in conflict with the provis-
ions of this ordinance are hereby re-
pealed.
Sec. s. Whereas, there now is To-
Gated over and upon the streets and
sidewalks of the Town of Flagstaff
certain stairways, awnings, porches,
balconies and other structures which
constitute encumbrances and obstruc-
tions upon said streets and sidewalks
and are public nuisance and danger
Gus to the peace, health and safety of
the citizens and inhabitants of said
town; and
Whereas, it is necessary for the i'm
mediate preservation of the peace,
health and safety Of the Town of
Flagstaff, and the citizens and inhab-
itants thereof, that proper and ade-
quate ordinance be adopted regulating
the construction and maintenance of
such stairways, awnings, porches, bal
comics and other structures and re-
quiring the removal of such of them
as constitute an encumbrance and OBJ
struction upon the streets and side
walks of said town and a public nui-
sance;
Now, therefore, an emergency is
hereby declared to exist, and this or
dinance shall be exempted from the
provisions of the referendum and shall
be in full force and effect from and
after its passage by the Common
Council and posting as provided by
law.
Passed by the Mayor and Common
Council of the Town of Flagstaff, this
18th day of March, A. D., 1928.
Presented to the Mayor for his ap-
proval and signature, and by him ap-
proved and signed, this 18th day of
March, 1928.
r. Z. PULLIAM,
Mayor.
Attest:
CLARENCE 7. PULLIAM,
Town Clerk
Posted this 18th day of March, A.
D. 1923. R. L. NELL,
4-27-5t. Town Marshal.
VIM. NAGILLER