The Common Council shall be composed of the Councilman at Large
and two (2) Councilmen from each ward of the city. The Mayor shall
preside at meetings of the Common Council, but shall have no vote.
At all meetings of the Common Council, each Councilman present shall
have one (1) vote. While the Mayor is absent from the city or unable
to perform his duties, or upon the death or resignation of the Mayor,
the Councilman at Large shall be the Acting Mayor and have all the
powers and duties and be subject to all the obligations of the Mayor.
If both the Mayor and the Councilman at Large are absent from the
city or unable to perform their duties, or upon the death or resignation
of both the Mayor and the Councilman at Large, the Common Council,
by majority vote of the entire membership of said Common Council,
shall appoint within five (5) days an Acting Mayor until the vacancies
in the offices of Mayor and/or Councilman at Large are filled as provided
by law. In case the Common Council shall be unable to appoint an Acting
Mayor, the Councilman having the longest time of continuous service
as Councilman shall become Acting Mayor and have all the powers and
duties and be subject to all the obligations of the Mayor. The Councilman
at Large or Councilman serving as Temporary President of the Common
Council shall not lose his vote as Councilman by reason of his acting
as presiding officer of the Common Council at any time, but when he
shall vote as Councilman, he shall have no additional deciding vote
on a tie. The Common Council shall hold regular meetings on the second
and fourth Monday evenings in each month, or, if any such Monday be
a legal holiday, on the Tuesday following, in the City Hall, and at
such other times as it shall designate. The Mayor, or in his absence
the Acting Mayor, or any three (3) Councilmen may call special meetings
by notice, in writing, served personally upon the other members of
the Common Council, or left at their usual place of abode or by depositing
the same in the Port Jervis post office, properly addressed to each
member, enclosed in a prepaid wrapper, at least twenty-four (24) hours
before the time of such meeting. The Common Council shall determine
the rules of its own proceedings and be the judges of the election
and qualification of its own members. The attendance of absent members
may be compelled by the Common Council, or by a meeting thereof, at
which less than a quorum is present, by the entry of a resolution
and order in the minutes, directing the Chief of Police or any police
officer of the city to bring such absent member before the Common
Council at the meeting at which such member was absent, or the next
or some subsequent meeting of the Common Council, to answer for his
neglect. A majority of the Common Council shall be a quorum for the
transaction of business, but a smaller number may adjourn from time
to time. A majority of the Councilmen present and voting at any meeting
of the Common Council, at which a quorum shall be present, shall be
sufficient to enact any resolution, ordinance or local law, except
that no resolution authorizing or involving the expenditure of money
or collection of money by a tax or assessment shall pass unless it
receives the assent of a majority of all the Councilmen in office,
or except as otherwise provided in this Charter; provided, however,
that the vote required for the authorization of the issuance of bonds
or notes shall be governed by the Local Finance Law or other applicable
law. The yeses and noes shall, upon the request of any member, be
called and recorded on all resolutions. All meetings of the Common
Council shall be public, except when the public interest shall require
executive session, but no vote shall be taken in executive session.
Every resolution ordering a tax or assessment, the construction
of a local improvement, the granting of a franchise or enacting an
ordinance or local law shall, before it takes effect, be presented,
duly certified by the City Clerk-Treasurer, to the Mayor. If the Mayor
approves he shall sign it within ten (10) days after the receipt thereof
by him and file it so signed with the City Clerk-Treasurer. If the
Mayor does not approve, he shall, within ten (10) days after the receipt
thereof by him, return it to the City Clerk-Treasurer with his objection
thereto in writing, and it shall have no force or effect. The Common
Council may thereafter reconsider it and pass it over the Mayor's
veto by the concurring vote of at least two-thirds (2/3) of the total
number of Councilmen in office, which vote shall be taken by yeses
and noes and entered on the minutes, together with the objections
of the Mayor. If any such resolution, ordinance or local law so presented
to the Mayor shall not be returned by him to the City Clerk-Treasurer
within ten (10) days after the receipt thereof by the Mayor, it shall,
on the expiration of such ten (10) days, have the same force and effect
as if it had been approved by him and filed with the City Clerk-Treasurer.
A.
All local laws and ordinances, and all amendments thereto, as well
as all rules and regulations adopted by the Common Council, boards
or commissions, shall not take effect until after at least the title
of such local laws, ordinances, amendments, rules and regulations,
together with an explanatory statement sufficient to indicate the
nature thereof and a statement that the complete text thereof is on
file and may be examined at the office of the City Clerk, shall have
been published daily, for two (2) days in succession, in the official
newspaper of the city. In case of insurrection, riot, pestilence,
conflagration, flood or other public necessity requiring immediate
operation of any local law or ordinance or amendment thereto, or any
rule or regulation adopted by the Common Council or any board or commission,
such local law, ordinance, amendment, rule or regulation shall take
effect as soon as approval thereof has been made by the Mayor and
the same has been posted in two (2) public places in each ward of
the city.
B.
Whenever a local law, after its passage by the Common Council, shall
be presented to the Mayor for approval, he shall, within ten (10)
days thereafter, fix a day for a public hearing concerning such local
law and cause public notice of the time and place of such hearing
to be given. Such notice shall be given by publication for two (2)
successive days in the official newspaper published in the city. Such
hearing shall be held not earlier than five (5) days after the day
of the last publication of such notice. Such notice shall contain
the title of the local law and an explanatory statement concerning
the same. The Mayor shall preside at such hearing and afford an opportunity
for public hearing concerning such local law. Such hearing may be
adjourned from time to time, but an adjournment shall not operate
to extend the time of the Mayor to approve such local law or return
it to the Common Council with his objections, pursuant to the Municipal
Home Rule Law. In case of insurrection, riot, pestilence, conflagration,
flood or other public necessity requiring immediate operation of any
local law, however, the public hearing required by the provisions
of this subsection may be omitted at the discretion of the Mayor,
and such local law shall take effect as otherwise provided by this
Charter or by law.
The fiscal year of the city shall commence on the first day
of January and conclude on the thirty-first day of December.
[Amended 5-27-86 by L.L. No. 2-1986[1]]
The City Clerk-Treasurer shall, on or before the first day of
September in each year, notify the heads of all departments, agencies
and boards of the city, including the Mayor and Common Council, in
writing, to submit to him on or before the first day of October in
each year their estimates of revenues and expenses in such form as
he may require. On or before the 15th day of October in each year,
the City Clerk-Treasurer shall submit to the Mayor a tentative budget
in such form as may be required by the Mayor or by law.
[1]
Editor's Note: This local law was repassed 7-14-1986 after
disapproval by the Mayor.
A.
The Common Council may raise, by a tax upon the real and personal
property assessable in said city in each year, certain amounts which
shall be estimated and designated each year for the purpose of defraying
the general and contingent expenses of the city, including the payment
of all salaries and other expenses not otherwise provided for, to
be designated the general fund.
B.
The aggregate annual tax levy for the purposes specified in Subsection A above shall not exceed an amount equal to one and one-half percent (1 1/2%) of the average full valuation of taxable real estate in the City of Port Jervis for the five (5) years preceding the year for which the tax levy is being determined.
[Amended 9-27-1982 by L.L. No. 7-1982, approved 10-11-1982; 5-29-1984 by L.L. No.
5-1984, approved 6-25-1984[1]]
[1]
Editor's Note: This local law was subject to permissive referendum;
no valid petition requesting said referendum having been filed, said
local law was deemed duly adopted on 8-10-1984.
C.
Amounts necessary to meet the principal and interest of the bonded and other indebtedness of the city shall not be included within the maximum levy set forth in Subsection B above.
[Amended 9-27-1982 by L.L. No. 7-1982, approved 10-11-1982]
D.
Notwithstanding the provisions of Subdivision 1 of Section 11 of the Municipal Home Rule Law or of any other general or special law, the limitation imposed by Subsections B and C of this section on the amount that may be raised by tax in any one (1) year may be removed or raised by local law subject to referendum on petition in accordance with Section 24 of the Municipal Home Rule Law, provided, however, that such local law shall be consistent with Sections 10 and 11 of Article VIII of the New York Constitution.
The Mayor shall, on or before the 15th day of November in each
year, present to the Common Council, a tentative budget, which shall
include an estimate of the revenues and expenses necessary to conduct
the public business of the City of Port Jervis for the ensuing fiscal
year, together with an estimate of the amount deemed necessary to
be raised in the annual city tax levy. The tentative budget shall
have attached thereto a schedule of the salaries of all city officers
and employees. The tentative budget shall be prepared in such detail
as to specify the amount appropriated to each department, agency,
board and office. At any time after the tentative budget and proposed
tax levy are submitted by the Mayor to the Common Council, the Common
Council may consider such tentative budget and proposed tax levy and
revise any estimates contained therein. On or before the 10th day
of November in each year, the Common Council shall give notice of
a public hearing on the proposed budget. Such notice shall be published
in the official city newspaper once, at least five (5) days before
such public hearing is held. In no event shall the public hearing
on the tentative budget be held later than the 30th day of November
in each year. On or before the 31st day of December in each year,
the Common Council shall adopt a final budget for the ensuing fiscal
year and shall finally determine the total amount to be raised by
taxes in the annual city tax levy. The total amount to be raised by
taxes shall not exceed in aggregate the amount limited therefor by
this Charter. Such adoption and determination shall be subject to
a veto of the Mayor or be passed over his veto, as is otherwise provided
in the Charter. In the event that the Common Council is unable to
muster the vote of at least two-thirds (2/3) of the total members
of the Council in office so as to override a budget veto by the Mayor
as required by Section C4-2 of the Port Jervis City Charter, or the
Common Council fails to adopt a budget for the next ensuing fiscal
year by December 31st each year, the budget for the current fiscal
year with all contractual increases and obligations for the next ensuing
fiscal year, shall become the adopted budget for the next ensuing
fiscal year.
[1]
Editor's Note: This local law was repassed 7-14-1986 after
disapproval by the Mayor.
A.
The general legislative powers of said city for all proper municipal
purposes, except such powers as may be vested in other authorities,
boards or officers, shall be vested in the Common Council thereof.
The Common Council shall provide for lighting the streets, public
buildings and public places of said city; for the construction, maintenance,
improvement, repairing and cleaning of the streets, sidewalks, crosswalks,
culverts, bridges, gutters, public grounds and parks of the city and
improving the channels of all streams passing through the city; for
removing obstructions therefrom and for covering the same by arches
and keeping them in repair; and for the paving and sprinkling of the
streets; for the construction, maintenance, improvement, repairing
and cleaning of the sewers; for the maintenance of the Fire Department,
as provided in this Charter; for the maintenance of the Police Department,
as provided in this Charter; for the furnishing of pure and wholesome
water for public purposes of said city, the expenses of which shall
be payable from the Water Fund; shall provide office room for the
various officers of said city as is herein provided, and may furnish
necessary office room for any of the other officers of said city;
shall furnish necessary office furniture, books and stationery to
all the officers of said city and reimburse all officers of said city
for disbursements necessarily made for the benefit of said city; shall
keep in proper repair all the public buildings of the city; may require
all officers of the city to furnish reports and information of estimates
whenever deemed proper by the Common Council; may employ a Pound Keeper,
a Sealer of Weights and Measures and such other employees of the city
as may be necessary to execute the work which the Common Council has
authorized or required or caused to be executed, and if not otherwise
provided herein, may fix their compensation. All expenditures made
or incurred by the Common Council or any authority, board or officer
of said city, not chargeable under this Charter to any other city
fund, shall be payable from the general fund. The expense incurred
for each local improvement which is chargeable to neighboring property
owners and collectible by local assessment, if advanced by the city
in anticipation of the collection of a local assessment, shall be
payable from the general fund.
B.
The Common Council shall also have power to prescribe and define
such powers and duties of officers of said city as are not specified
in this Charter, and are not inconsistent therewith; to call public
hearings for the inhabitants of said city whenever in its judgment
the public interests require the same.
Whenever the Common Council shall resolve, by the affirmative
vote of two-thirds (2/3) of its members, that an extraordinary expenditure
ought, for the benefit of the city, to be made for any specific purpose
set forth in the resolution, including, but not limited to, the purchase
of real property or the construction by the city of a new building
or buildings, it shall make an estimate of the sum necessary therefor
and for all such purposes, if there be more than one (1), and publish
such resolutions and estimate once in each week for two (2) successive
weeks in the official newspaper, together with a notice that at a
time and place therein specified a special election of the electors
of the city will be held to decide whether the amount of such expenditures
shall be raised by tax. All provisions of law prescribing the duties
of inspectors of elections and false swearing and fraudulent voting
thereat shall, so far as applicable, apply to the special elections
held hereunder, and the members of the Common Council or their designees
shall act as the inspectors of such election. Any person who would
be qualified to vote at a general election shall be qualified to vote
at such special election. The election shall be by ballot or voting
machine, and each ballot or voting machine shall contain a brief statement
of each purpose for which such expenditure is required and the amount
thereof, and be in the form required by the Election Law for holding
elections upon questions submitted. The inspectors shall, at the time
and place designated as aforesaid, sit without intermission, from
1:00 p.m. to 7:00 p.m., prevailing time, to receive the ballots cast
at such special election, and shall deposit the same in a specific
ballot box to be provided by the city or recorded on the voting machine
or machines provided by the city. If the right to vote of any person
offering to vote at such special election be challenged by any other
person entitled to vote thereat, an inspector of the election shall
administer to him the following oath: "You do swear that you are an
elector of said city and that you have not voted at this election?"
After he shall take such oath, if he shall be a registered voter of
the City of Port Jervis, his vote shall be received. The Common Council
shall canvass the votes cast immediately after closing the polls and
immediately make a certificate, stating the whole number of ballots
voted at such election, and the whole number for and against each
special tax, and cause the result of the election so certified to
be entered in its minutes. The Common Council shall cause the sum
or sums of money thus voted to be assessed, levied and raised with
and in addition to other taxes in and upon the next assessment roll.
No more than one (1) such election shall be held in the city in one
(1) year, except by the unanimous vote of the Common Council. After
such special tax or taxes shall have been authorized as herein provided,
the Common Council may proceed to authorize the expenditure of the
amount thereof during the fiscal year for which such tax or taxes
are to be levied, for the purpose or purposes specified in its published
statement aforesaid and sanctioned by such election.
All accounts, claims and demands against said city of whatever
nature shall be made out in items and verified by the affidavit of
the claimant, or his duly authorized agent, and presented to the Common
Council for audit at least two (2) days before the regular meeting
of the Common Council at which such accounts, claims or demands are
to be acted upon; and the Mayor, the City Clerk-Treasurer and such
Councilman as the Mayor may designate are hereby constituted a Board
of Audit to examine and audit all such accounts, claims and demands;
and it shall be the duty of such Board to make such examination and
audit of all accounts, claims and demands, so filed, before the next
regular meeting of such Common Council; and for the purpose of inquiring
into and ascertaining the correctness and legality thereof, it is
hereby empowered to take proofs on oath in relation thereto, and shall
report thereon to the Common Council with its reasons for recommending
or rejecting the payment of such account, claim or demand or any item
or items thereof, and the Common Council shall then hear, examine
and determine the same. The Common Council may prescribe the form
of affidavit to be annexed to any such claim, account or demand against
said city. No account, claim or demand shall be presented to said
Common Council by the City Clerk-Treasurer unless the same shall have
been filed with him at least two (2) days before the meeting at which
the same is to be acted upon, and all accounts, claims or demands,
audited and allowed by the Common Council, shall be paid by the City
Clerk-Treasurer on a warrant signed by the Mayor and City Clerk-Treasurer,
specifying the amount so audited and allowed and the fund from which
it is payable. The City Clerk-Treasurer shall keep a record of every
such warrant and shall retain and file in his office all such audited
accounts, claims and demands for which a warrant has been issued,
and number the same consecutively to correspond with the number of
the warrant issued therefor, and kept for the time required by law.
The Common Council shall have the power to direct the digging
down, draining or filling up of lots whenever deemed necessary to
prevent injury to the streets, sidewalks or crosswalks, at the expense
of the owner of such lots; to direct the sweeping and cleaning of
the streets by persons owning or occupying the premises fronting thereon;
to order and regulate the planting, removing, rearing, trimming and
preserving of ornamental and shade trees in the city at the expense
of the owners of property fronting thereon;[1] to regulate and provide for the erection of a railing
or guard along the streets and sidewalks in exposed and dangerous
places,[2] and to compel the payment of the expenses thereof by the
abutting owners; to require any building, fence or other erection
within the lines of any street to be removed therefrom by the owner
or occupant of the abutting property, and in case of his neglect so
to remove the same, to cause its removal at the expense of such owner
or occupant; to compel the owner or occupant of any building or wall
which may be dangerous or in an unsafe condition on account of fire
or otherwise to render the same safe, or to take down and remove the
same, and in case of his neglect so to do, to cause it to be taken
down or removed at the expense of the owner or occupant;[3] to direct the owner or occupant of any building used for
public entertainments or other public purposes to provide the same
with suitable and sufficient fire escapes and means of exit in case
of fire, in the manner provided by law, and in case of the failure
or neglect of such owner or occupant so to do, to do such work at
the expense of the owner or occupant or to cause the discontinuance
of the use of the same for such purpose; to authorize any city officers,
or any person designated by the Common Council, to inspect any place
or places, to ascertain whether the same are safe, and, if not, to
require the same to be made safe, and if the owner or occupant thereof
shall neglect or refuse so to do, to cause the same to be made safe
at the expense of the owner or occupant or to cause the discontinuance
of the use and occupation of the same. The Common Council shall also
have the power to prevent any encumbrance, encroachment or obstruction
in or upon any street, alley, sidewalk, crosswalk, highway or public
ground of said city;[4] to regulate or prevent the deposit of any building material
in or upon such streets, alleys, sidewalks, crosswalks, highways or
public grounds;[5] and in case of neglect or refusal of any person who shall
have caused such encroachment, encumbrance, obstruction or deposit
contrary to any rule, local law or ordinance, or of the owner or occupant
of any premises upon which shall be any building, fence or other obstruction
or thing encroaching upon, encumbering or obstructing any street,
alley, sidewalk, crosswalk, highway or public ground, to remove the
same after being notified so to do, shall have power to remove the
same, at the expense of such person or such owner or occupant; to
compel the owner or occupant of any premises in said city to remove
all dirt, snow and ice from the sidewalks and gutters, including the
culverts, adjoining such premises, and in case of neglect or refusal
of the owner or occupant of said premises to remove the same, to cause
the same to be done at the expense of the owner or occupant;[6] to regulate and superintend the laying of all gas and
other pipes; to fix the grade at which such pipes shall be laid; and
to compel the laying or relaying of the same in accordance with such
established grade; to require any individual, company or corporation,
after laying, relaying or repairing such pipes in any street, alley
or highway in said city, to put such street, alley or highway in good
condition or repair;[7] to remove without unnecessary delay all encumbrances and
obstructions which such individual, corporation or company may have
placed or caused to be placed in such street, alley or highway; to
require such individual, corporation or company to keep proper signal
lights burning at night and proper guards at all times, at all holes,
ditches and places which shall have been rendered dangerous to persons
traveling such streets, alleys or highways; and in case such individual,
corporation or company shall neglect or refuse to do any of the acts
required of him or it by this section, after being notified to do
the same, to cause the same to be done at the expense of such individual,
corporation or company; to prevent or regulate the construction and
erection of any building, awning, leader or other structure which
shall project into or over any street or sidewalk in said city,[8] and the hanging or suspending of any goods, signs or other
things in or upon any such street or sidewalk; and in case the owner
or occupant of such premises shall neglect or refuse to remove the
same, after being notified to do so, to remove the same at the expense
of the owner or occupant; to designate such portions of said city
as it may deem proper within which no building, in whole or in part,
of wood or other combustible material shall be erected or brought;
to remove or provide for the removal thereof if so erected or brought
in; to prevent or regulate the construction, erection or use in any
manner dangerous, with regard to fire, of any building, chimney or
fireplace, heater, stove, stovepipe, repository of ashes or charcoal,
boiler, furnace or other apparatus or thing; to compel the owner or
occupant of any premises, upon which shall be found anything so constructed,
erected or used, to put the same in safe condition or remove the same,
and in case the owner or occupant shall neglect to put in safe condition
or remove the same after being notified so to do, to cause the same
to be done at the expense of the said owner or occupant, and for the
purpose aforesaid the Common Council shall have the power to enter
into or upon or authorize the entry into or upon any building or premises
in the city; to prevent and abate nuisances and determine what are
such, either upon view or upon the testimony of witnesses who may
be examined under oath before it; and for these purposes to enter
into or upon any building or premises in said city; and in case the
owner or occupant of any building or premises, in or upon which such
nuisance may be found, shall neglect or refuse to abate the same,
after being directed so to do, to cause the same to be removed or
abated at the expense of the owner or occupant; to prohibit the erection
in an unsafe manner of any wall or other building in said city and
to compel the owner or occupant of any building or wall therein, which
may be in an unsafe condition, to render the same safe or to remove
the same, and in case of neglect or refusal of such owner or occupant
to render such building or wall safe or to remove the same, after
being notified so to do, to cause the same to be done at the expense
of such owner or occupant; to prescribe the length of notice to be
given under any of the provisions of this section and the manner of
service thereof. The costs and expenses of carrying out any of said
provisions by the city or any of its officers shall be and are hereby
made a lien upon the premises or lots mentioned or referred to in
any such provision, and shall be added to the amount assessed against
such land for the next general city tax, and the whole amount of such
assessment shall be collected in the same manner as general city taxes.
The Common Council shall have the power to regulate the erection
and placing of telegraph, telephone and electric light and other poles,
and the stretching of wires in, over or upon streets or public grounds,[1] or upon, over or in front of any building within said
city, and may require that all telegraph, telephone or electric light
wires be carried under the surface of such streets within said city
as said Common Council may designate, in subways to be constructed
wholly at the expense of the person, company or corporation owning
said wires or operating the same.
The Common Council shall exercise all the powers conferred by
this Charter and the Constitution and general laws of the United States
of America and of the State of New York. The Common Council shall
have the power within said city to make, establish, publish, modify,
annul and repeal local laws, ordinances, rules and regulations for
any of the purposes specified in this Charter and the Constitution
and general laws of the United States of America and the State of
New York, and for the following additional purposes:
B.
To restrain minors from being in public places at night within specified
hours when not attended by adult persons.
C.
To determine the existence, and direct the removal of, a public nuisance
in any part of the city; and if the same be not removed within such
time as the Common Council shall direct, to cause the same to be removed
at the expense of the city, and to declare such expense to be a lien
on the lot whereon such nuisance has existed, and to enforce the collection
of such expense by leasing or selling the premises, in the manner
provided in this Charter for the collection of taxes or assessments,
or by action against the owners of said lot, or any other person who
may have erected, suffered or maintained such nuisance; and in case
of the nonremoval or abatement of any nuisance, the Common Council
may impose a penalty therefor and enforce the collection thereof,
as prescribed by this Charter.
D.
To regulate the use of the streets and public places by pedestrians,
vehicles, streetcars, railways and locomotives and by other means
of public transportation;[2] to regulate the speed of vehicles, railway engines, cars
and streetcars through the city and prevent the obstruction of streets
thereby; to regulate the length of time they may be allowed to stand
upon and impede travel upon street crossings; to regulate traffic
in the streets and public places;[3] to regulate the setting of poles and stringing of wires
by telegraph, telephone, electric light and other utility companies
or by individuals,[4] and the construction of underground installations for
such wires; to regulate the cleaning of streets, alleys, lanes and
public places and the sidewalks and gutters therein; to regulate the
removal of ice, hail, snow and water therefrom and from the roofs
of buildings abutting thereon;[5] to regulate and prevent the throwing of debris, dirt and
garbage thereon, and to regulate the carting, drawing away and deposit
or disposal thereof;[6] to regulate animals' being driven, led or ridden therein;
to regulate the use thereof for signs, signposts, awnings, awning
posts and public fountains; to regulate or prevent the driving of
wagons, barrows, carts, bicycles or other vehicles and all animals
over or upon any sidewalk; to regulate or prohibit coasting, bicycling
and skating in the streets and public places; to regulate the opening
of street surfaces,[7] the laying of gas and water mains and the erection of
lampposts or other devices for lighting the streets; to prohibit or
regulate the erection or construction of any stoop, step, platform,
bay window, cellar, area, stairs, descent or ascent into any building,
or any erection or projections from any building or otherwise, in,
over or upon any street or sidewalk, or the removal of any house or
building through the streets of the city; and generally to preserve
the streets and public places of the city free from all obstructions
and disturbances therein or injury thereto and from any interference
with the free peaceable use thereof by the public.[8]
E.
To direct the location of all structures for storing combustibles
and explosive substances, and to regulate the keeping, selling and
conveyance thereof.
F.
To establish and build and regulate public pounds, police and fire
stations and jails within said city.
H.
To prevent the discharge of firearms and the making of any noise
which may tend to disturb the peace of the city.
I.
To direct the keeping and returning of vital statistics.
J.
To supply the city with pure and wholesome water; to maintain and
regulate that supply;[10] to have exclusive care, custody and control of all the
reservoirs, buildings, engines, pumps, hydrants, pipes, mains and
all other things and property now owned or hereafter acquired and
used by the city in connection with its water supply; to contract
with any water company for a supply of pure and wholesome water for
said city; to regulate and keep in repair the public fountains in
said city, and to regulate the taking and using of water for the same.
K.
To regulate, license and restrain hawking and peddling in the streets
and sales from house to house,[11] and the time, mode, manner and place of holding auctions
or public sales of merchandise or personal property,[12] and to prohibit such sales on any of the sidewalks or
crosswalks of said city or the streets of the same; to license sales
at auction in said city of goods or property belonging to persons
not residents of said city, or such goods as shall have been purchased
with intent to sell the same at auction, and to prevent such sales
without license, and to require the payment to the city of such sums
for such licenses as the Common Council shall provide.[13]
L.
To license and regulate taxicabs and other means of public transportation,
porters, cartmen, hackmen and drivers, operators and owners of taxicabs
and all other vehicles for the transportation of passengers within
the city, to fix their rates of compensation and to require them to
have licenses.[14]
M.
To regulate the planting of shade trees and ornamental trees along
the streets and sidewalks of said city and to prevent the injury or
destruction of such trees;[15] and to prevent the injury or defacement of fences, posts,
buildings and other structures in said city.
O.
To designate and alter the names of the streets, avenues, alleys
and public places of the city and the numbers of lots and buildings,
and to compel the owners or occupants of buildings to affix thereto
the proper numbers thereof in such manner as it may direct.
P.
To regulate and restrain the emission of smoke, soot, ashes and offensive
and deleterious gases or odors from any source whatsoever within the
city.
Q.
To enact all such general local laws, ordinances, rules and regulations
not inconsistent with the provisions of this Charter, or with the
Constitution or laws of the United States or of this state as it shall
deem expedient for the good government of the city; and to provide
for the enforcement of the same by such fines, penalties, forfeitures
and/or imprisonment as may be prescribed.[17]
Where a license is required by the general laws of the state,
this Charter or any local law or ordinance, the Common Council shall
fix the fee for such license. All applications for such license shall
be made to the City Clerk-Treasurer, who shall refer such application
as may be provided by law, local law or ordinance.
The Common Council shall, at the first meeting in each year,
or as soon thereafter as practicable, designate a newspaper of general
circulation in said city, and, if there be more than one (1) newspaper
of general circulation therein, may designate two (2) such newspapers,
to publish notices, bylaws, rules, local laws, ordinances, resolutions
and regulations and such reports and other matters as the Common Council
may direct to be published in the official newspaper or newspapers
of the city. The newspaper or newspapers so designated shall be the
official newspapers of the city for the ensuing year for the purpose
aforesaid and until the next annual designation. As used in this Charter,
the term "official newspapers" means the newspaper of general circulation
in said city and so designated as the official newspaper of the city,
and if there be more than one (1) newspaper of general circulation
therein, the two (2) newspapers so designated as the official newspapers
of said city. The affidavit of an officer or employee designated by
said official newspaper shall be presumptive evidence of such publication.
The Common Council shall have power to make such rules and regulations
and adopt such methods for the convenient transaction of the business
of the city by the several boards, departments and officers thereof
as are not inconsistent with the duties and powers given such boards,
departments and officers by this Charter and general laws.
