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[House Bill No. 905.]

AN ACT

To make sundry appropriations.

Salaries and mileage.

Contingent expenses.

Be it enacted by the General Assembly of the State of Ohio:

SECTION I. That there be, and is hereby, appropriated from any moneys in the state treasury to the credit of the general revenue fund, and not otherwise appropriated, the sum of fifty thousand dollars ($50,000.00) for salaries and mileage of members, per diem of clerks, sergeants-at-arms and other officers and employes of the general assembly; five thousand dollars ($5,000.00) for contingent expenses of the house; three thousand dollars $(3,000.00) for contingent expenses of the senate.

FREEMAN T. EAGLESON, Speaker of the House of Representatives.

JAMES M. WILLIAMS,

President of the Senate.
Passed January 23, 1908.
Approved January 23, 1908, at 27/2 o'clock p. m.

ANDREW L. HARRIS,

Governor. 2G

[Amended House Bill No. 762.]

AN ACT

A bill to further amend section 7 of an act passed October 22,

1902, entitled, “An act to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, so as to prevent the abuse of such powers, as required by the constitution of Ohio, and to repeal all sections of the Revised Statutes inconsistent herewith," as amended April 20th, 1904, and to give sectional numberings to the various subsectional parts thereof and to an act supplementary to said section 7, passed April 25, 1904 (97 0. L., 571).

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Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 7 of an act passed October 22, 1902, entitled, "An act to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent the abuse of such powers, as required by the constitution of Ohio, and to repeal all sections of the Revised Statutes inconsistent herewith” as amended April 20, 1904, be further amended and that the various sub-sectional parts thereof,

Sec. 7.

property.

together with an act supplementary to said section 7, passed April 25, 1904, (97 O. L. 571) be given the following sec- Sectional tional numberings, so as to read as follows:

numberings. Every city and village shall be a body politic and corporate, which shall have perpetual succession, may use a common seal, sue and be sued, and acquire property Acquiring

property. by purchase, gift, devise; or appropriation for any municipal purpose authorized by this act or any act amendatory hereof or supplementary hereto, and hold, manage and control the same and make any and all rules and regulations, Rules and

. by ordinance or resolution, that may be required to carry out fully all the provisions of any conveyance, deed or will, in relation to any gift or bequest. All municipal corporations shall have the general powers mentioned herein or in any act amendatory hereof or supplementary hereto and council may provide by ordinance or resolution for the exercise and enforcement of the same.

Sec. 7a. To prevent riot, gambling, noise and disturbance, indecent and disorderly conduct or assemblages, and Preserving to preserve the peace and good order, and protect the prop- protecting erty of the corporation and its inhabitants.

Sec. 76. To regulate billiard and pool tables, nine or Billards ten pin alleys or tables, and shooting and ball alleys; and gambling. to authorize the destruction of instruments or devices used for the purpose of gambling.

Sec. 7c. To prevent injury or annoyance from anything dangerous, offensive, or unwholesome; to cause any nuisance to be abated; and to regulate and compel the con- Abatement of sumption of smoke, and prevent injury and annoyance from nuisance; the same, and to regulate and prohibit the use of steam consumption. whistles.

Sec. 7d. To suppress and restrain disorderly houses and houses of ill fame, and to provide for the punishment Houses of of all lewd and lascivious behavior in the streets and other public places.

Sec. 7e. To regulate ale, beer, porter houses and shops, and the sale of intoxicating liquors as a beverage. But Intoxicating nothing in this act shall be construed to amend, repeal or in any way affect the provisions of an act entitled, "An act to amend section 4364-20 of the Revised Statutes of Ohio, and to supplement said section by enacting supplementary sections 4364-200, 4364-205, 4364-200, 4364-200, 4364-200, 4364-205, 4364-20g, 4364-20h, and 4364-201," passed April 3, I902, (95 0. L. 87).

Sec. 7f. To regulate taverns and other houses for pub- Taverns. lic entertainment.

Sec. 7g. To regulate, by license or otherwise, restrain or prohibit theatrical exhibitions and public shows of what- 'Public shows ever name or nature, for which money or other reward is demanded or received ; to regulate, by license or otherwise, the business of trafficking in theatrical tickets or other tickets of licensed amusements, by parties not acting as agents of

ill-fame.

School entertainments.

interurban cars.

animals.

those issuing the same, but public school entertainments, lecture courses and lectures on historic, literary or scientific

subjtcts shall not come within the provisions of this section. Auctioneering.

Sec. 71. To regulate auctioneering; and to regulate, license or prohibit the sale at auction of goods, wares and merchandise or of live domestic animals at public auction in the streets or other public places within the corporation; and to regulate, license or prohibit the selling of goods, mer

chandise or medicines on the streets. Vehicles.

Sec. zi. To regulate the use of carts, drays, wagons, hackney coaches, omnibuses, automobiles, and every description of carriages kept for hire or livery stable purposes; and to license and regulate the use of the streets by per

sons who use vehicles, or solicit or transact business thereFast driving. on; to prevent and punish fast driving or riding of animals,

or fast driving or propelling of vehicles through the public highways; to regulate the transportation of articles through

such highways and to prevent injury to such highways from Speed of

overloaded vehicles, and to regulate the speed of interurban, traction and street railway cars within the corporation.

Sec. 7j. To regulate, restrain and prohibit the running at large, within the corporation, of cattle, horses, swine,

sheep, goats, geese, chickens and other fowls and animals, Impounding and to impound and hold same, and on notice to the owners,

to authorize the sale of the same for the penalty imposed by any ordinance, and the cost and expenses of the proceedings; and to regulate or prohibit the running at large of dogs, and provide against injury and annoyance therefrom, and to authorize the disposition of the same when running at large contrary to the provisions of any ordinance.

Sec. 7k. To regulate the transportation, keeping and Explosives. sale of gunpowder and other explosives or dangerous com

bustibles and materials and to provide or license magazines for the same.

Sec. 71. To regulate the weighing and measuring of hay, wood and coal and otẶer articles exposed for sale, and

to provide for the seizure, forfeiture and destruction of Weights and weights and measures, implements and appliances for meas

uring and weighing which are imperfect or liable to indicate false or inaccurate weight or measure, or which do not conform to the standards established by law and which are known, used or kept to be used for weighing or measuring articles to be purchased, sold or offered or exposed for sale.

Sec. 7m. To regulate the erection of buildings and the Sanitation. sanitary condition thereof, fences, billboards, signs, and

other structures within the corporate limits; to require, regNumbering of buildings.

ulate and provide for the numbering and renumbering of buildings either by the owners or occupants thereof or at the expense of the municipality ; to name or rename streets, alleys, highways and public places; to regulate the repair of, alteration in and addition to buildings; to provide for the construction, erection and placing of elevators, stairways and fire escapes in and upon buildings; to regulate

Dogs.

measures.

Fire escapes.

the construction and repair of wires, poles, plants and all equipment to be used for the generation and application of electricity; to provide for the removal and repair of insecure buildings, bill boards, signs and other structures, and to provide for the inspection of all buildings or other struc- Inspection. tures and for the licensing of house movers, plumbers and sewer tappers and vault cleaners.

Sec. 711. To organize and maintain police and fire departments, erect the necessary buildings and purchase and hold all implements and apparatus required therefor.

Sec. 70. To provide for a supply of water, by the construction of wells, pumps, cisterns, aqueducts, water pipes, reservoirs and waterworks, and for the protection thereof, Waterworks. and to prevent unnecessary waste of water, and the pollution thereof, and to apply moneys received as charges for water to the maintenance, construction, enlargement and extension of the works, and to the extinguishment of any indebtedness created therefor; and to establish and maintain municipal lighting, power, and heating plants, and to

Municipal establish, maintain and operate natural gas plants and to lighting. furnish the municipality and the inhabitants thereof with natural gas for heating, lighting and power purposes, and to acquire by purchase, lease or otherwise the necessary lands for such purposes, within and without the municipality.

Sec. 7p. To provide for the public health; to secure the inhabitants of the corporation from the evils of contagious, Contagious malignant and infectious diseases, and to purchase or lease diseases. property or buildings for pest houses and to erect, maintain and regulate pest houses, hospitals and infirmaries.

Sec. 79. To provide public cemeteries and crematories for the burial or incineration of the dead and to regulate public and private cemeteries and crematories.

Sec. 7r. To lay off, establish, plat, grade, open, widen, narrow, straighten, extend, improve, keep in order and repair, light, clean and sprinkle streets, alleys, public Sprinkling grounds, places and buildings, wharves, landings, docks, streets, etc. bridges, viaducts and market places within the corporation, including any portion of any turnpike or plank road therein, surrendered to or condemned by the corporation; to regulate public landings, public wharves, public docks, public piers and public basins, and to fix the rates of landing, wharfage, dockage and the use of the same, and to regulate the planting, trimming and preservation of shade trees in Shade trees. streets, alleys, public grounds and places, and to provide for the planting, removal, trimming and preservation of such trees and other ornamental shrubbery; and to use, or by ordinance grant, for periods not exceeding twenty-five years, the use of its streets, avenues, alleys, lanes and public places, to lay pipes, conduits, manholes, drains and other necessary fixtures and appliances, under the surface thereof, to be used for supplying such municipality and its inhabitants with steam or hot water, or both, for heat or power Hot water

heating, etc. purposes or both; and to use or grant, for periods not ex

Regulation of prices.

Consent or property owners.

ceeding twenty-five years, the use of its streets, avenues, alleys, lanes and public places for the construction of inclined movable or rolling roads, for the conveying or moving of freight, vehicles, animals and other property, and those in charge of the same, upon such' terms as the council of such municipal corporation may deem proper; provided, that such municipal corporations shall in all such grants reserve the right to regulate, at intervals of not less than five (5) years, the prices which the grantee or grantees may charge for such heat or power, or for the conveying or moving of such freight, vehicles, animals and other property; and provided, further that no grant for the use of such streets, avenues, alleys, lanes and public places for the construction of such inclined movable or rolling roads shall be made until there is produced to the council of such municipal corporation the written consent of the private property owners of more than two-thirds of the feet front of such lots and lands abutting on the street, avenue, alley, lane or public place, or part thereof, upon or over which it is proposed to construct such inclined movable or rolling road. And that in all municipal corporations which may have heretofore, by ordinance authorized the use by any person or corporation, of the streets, avenues, alleys, lanes and public places of such municipal corporation for the purpose of laying pipes and drains below the surface thereof to convey and supply its inhabitants or the corporation, or both, with heat by means of steam or hot water, or both, such ordinance shall be held as valid and binding as if the power in the corporation to so grant such use of its streets, avenues, alleys, lanes and public places had been expressly provided by statute prior to the passage of such ordinance and in force when the same was passed; provided that the council of any such corporation shall have power to regulate, by ordinance, at intervals of five years the price which such person or company may charge for such heat or power.

Sec. 75. To construct, open, enlarge, excavate, improve, deepen, straighten, or extend any canal, ship canal or watercourse located in whole or in part within the corporation, or lying contiguous and adjacent thereto; to open, construct and keep in repair sewage disposal works, sewers, drains and ditches, to license ferries, to regulate the use of public docks and public landings, and to establish, repair and regulate water-closets and privies.

Sec. 7t. To establish, erect, maintain and regulate jails, morgues, houses of refuge and correction, workhouses, station houses, prisons and farm schools.

Sec. 7u. To etablish, erect, maintain, protect and regulate public halls, public buildings and market houses and by and with the consent of the abutting property owner or owners, or their lessee or lessees, to establish, maintain, protect and regulate, a market place or places, upon or on any street, square or public grounds or part thereof, within the municipality; to provide for the inspection of spirits,

Water courses, sewers, drains, etc.

Market places.

Inspection.

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