City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
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.
E. 
Nothing contained in this Charter shall prevent the city from financing any of the above expenditures pursuant to the Local Finance Law, except those set forth in Subsection C of this section.
[Amended 5-27-86 by L.L. No. 2-1986[1]; 5-22-2017 by L.L. No. 9-2017, approved 5-22-2017]
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.
[1]
Editor's Note: See Ch. 492, Trees.
[2]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Arts. I and III.
[3]
Editor's Note: See Ch. 234, Buildings, Dangerous.
[4]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Arts. I and III.
[5]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Art. III.
[6]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Art. IV.
[7]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Art. I.
[8]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Art. II.
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.
[1]
Editor's Note: See Ch. 267, Electrical Standards and Requirements.
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:
A. 
To preserve peace and good order.[1]
[1]
Editor's Note: See Ch. 398, Peace and Good Order.
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]
[2]
Editor's Note: See Ch. 505, Vehicles and Traffic.
[3]
Editor's Note: See Ch. 505, Vehicles and Traffic.
[4]
Editor's Note: See Ch. 267, Electrical Standards and Requirements.
[5]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Art. IV.
[6]
Editor's Note: See Ch. 457, Solid Waste, and Ch. 464, Streets, Sidewalks and Public Property, Art. IV.
[7]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Art. I.
[8]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property.
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.
G. 
To restrain the running at large of animals, and to authorize the confining, impounding and the sale of the same, and the penalties to be incurred therefore.[9]
[9]
Editor's Note: See Ch. 215, Animals, Arts. I and III.
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.
[10]
Editor's Note: See Ch. 513, Water, and Ch. A615, Water Rules and Regulations.
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]
[11]
Editor's Note: See Ch. 403, Peddling and Soliciting.
[12]
Editor's Note: See Ch. 220, Auctions and Auctioneers.
[13]
Editor's Note: See Ch. 220, Auctions and Auctioneers.
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]
[14]
Editor's Note: See Ch. 479, Taxicabs.
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.
[15]
Editor's Note: See Ch. 492, Trees.
N. 
To permit building material to be deposited on the street in front of any lot, to such extent and for such time and under such regulations as it may prescribe.[16]
[16]
Editor's Note: See Ch. 464, Streets, Sidewalks and Public Property, Art. III.
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]
[17]
Editor's Note: For penalty provisions applying generally to offenses against ordinances and local laws of the city, see Ch. 1, General Provisions, Art. I.
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.