Proviso.

Certain vacancy, how filled.

Special election, notice

of.

immediately appoint a special election to be held in the ward for which said officer was chosen, at some suitable place therein, not less than five days or more than fifteen days from the time of such appointment, and for any such special election five days' notice of the election and of the meeting of the board of registration shall be sufficient: Provided, That in case any such vacancy shall occur in said office of alderman within three months before the first Monday of April of any year, it shall be optional with the common council to order a special election or not, as they may deem expedient.

§ 26-SEC. 4. In case any vacancy shall occur in any of the offices in this Act declared to be clective or appointive, except alderman and justice of the peace, the mayor by and with the consent of the common council may. in his discretion, fill such vacancy by the appointment of a suitable person who is an elector, and if appointed for a ward, who is also a resident of the ward for which he shall be appointed; and any officer appointed to fill a vacancy shall hold by virtue of such appointment until his successor is elected or appointed, as the case may be, and qualified. § 27-SEC. 5. Whenever a special clection is to be held, the common council shall direct the recorder to give notice of the time and place of holding such election, in the same manner as is herein required for giving notice of annual elections and the proceedings of such special election shall be the same, as near as may be, as the annual city election.

Power and duty of com

Quorum

CHAPTER VII.

OF THE POWERS OF THE COMMON COUNCIL.

§ 28-SEC. 1. (As Arnended 1895.) The mayor and aldermen, mon council. When assembled together and organized, shall constitute the common council of the city of Marquette, and a majority of the whole shall be necessary to constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and the common council may be summoned to hold their meetings at such time as the mayor or, in case of his absence or inability to act, the president may appoint, at such place as shall have been designated as the council room by the common council. The common council shall have power to imposo, levy and collect such fines as they may doem proper, not exceeding five dollars, for the non-attendance at any mecting of any officer of the corporation who has been duly notified to attend the In absence of sainc. In case of the absence of the mayor and president at any may preside such meeting, the members present may appoint some one of at meetings. their members to proside. Each member of the common council shall be entitled to one vote, except the mayor, who shall only be entitled to vote when there is a tie vote in the common council, or when his vote would change the result. The common council, in addition to the powers and duties specially

mayor, who

Council to have control of finances.

conferred upon them in this act, shall have the management and control the finances, rights and interests, buildings, and all property, real and personal, belonging to the city, except as in this charter is otherwise provided, and may dispose of the same, and make such rules and by-laws relating to the same as they may deem proper and necessary: Provided, That all Proviso. resolutions of the common council involving the expenditure of public moneys shall be approved by the mayor, or other person performing for the time-being the duties of his office, but such resolutions shall stand as approved unless the mayor, within five days from the passage of such resolutions, shall file with the city recorder a written statement expressing his disapproval of the resolution and giving his reasons therefor. After the filing of objections to such resolution by the mayor as aforesaid said resolution may only be passed and re-enacted by a two-thirds vote of all the aldermen elect; they shall have power within said city to enact, continue, establish, enforee, annul, amend, and repeal such ordinances, by-laws, rules and regulations as they may deem desirable for the following purposes:

First, To prevent vice and immorality, to preserve public Vice and impeace and good order, to organize, maintain and regulate a morality. police of the city when necessary, and to define the powers and duties of such police or any police officers; to prevent and quell riots, disturbances and disorderly assemblies;

houses.

liquors.

Second, To prevent and restrain disorderly and gaming Disorderly houses, and houses of ill fame, to prevent the exhibition or use of any and all instruments and devices used in gaming, and to prohibit all gaming and fraudulent devices, and restrain and prohibit all billiard tables kept for gaming purposes; Third. To forbid and prevent the vending, giving away, or Intoxicating other disposition of liquors and intoxicating drinks to any drunkard, minor or other persons in the habit of getting intoxicated, to prohibit the opening of any drinking saloon, bar, or place where intoxicating drinks are or may be kept, billiard rooms, tenpin alleys, or place of public recreation or amusement on the first day of the wook, commonly called Sunday; and to prohibit, restrain and regulate the sale of all goods, wares and personal property at auction or public outcry, except Auction in cases of sales authorized by law, and fix the fees to be paid by and to auctioneers;

Sales.

hibitions and

Fourth, To prohibit, restrain, license and regulate all sports, Sports, exexhibitions of natural or artificial curiosities, caravans or shows. animals, theatrical exhibitions, circuses or other public performances or exhibitions for money;

Fifth, To abate or remove nuisances of every kind, and to Nuisances. compel the owner or occupant of any grocery, tallow chandler shop, butcher's stall, soap factory, tannery, stable, privy, hog pen, sowers or other offensive or unwholesome place or house, to clean, purify, remove or abate the same from time to time,

Slaughter houses.

Dangerous or explosive

materials.

Incumbran-

ces of streets and public places.

Horse racing

or immoder

as often as they may deem necessary for the health, comfort and convenience of the inhabitants of said city;

Sixth, To direct or prohibit the location of all slaughter houses, markets and buildings for storing gunpowder or other combustible or explosive materials or substances within the limits of said city;

Seventh, Concerning the buying, carrying, selling and using of gunpowder or other combustible or explosive materials, and the exhibition of fireworks, the use of lights in barns, stables and other buildings, and to regulate or prohibit the discharge of firearms within the limits of the city, or making of bonfires in the streets or yards;

Eighth, To prevent the encumbering of streets, sidewalks, crosswalks, lanes, alleys, bridges, or other public places in any manner whatever;

Ninth, To prevent and punish horse racing, and immoderate ate driving. driving or riding in any street, alley or public park or ground, and to authorize the stopping and detaining any person who shall be guilty of immoderate driving or riding in any street, alley or public park or ground in said city;

Routes of street railways.

Proviso.

Purity of water.

navigation.

Tenth, To determine and designate by name the streets upon which any strect railways shall hereafter be laid in said city, before the same may be laid therein, and the routes and grades of any railroad to be laid in said city, before the same may be laid therein: Provided, That this subdivision of section one shall not affect or change charter or contract rights heretofore granted. And to restrain and regulate the use of locomotives, engines, motors and cars upon the railroads and street railways within the city, and to compel the use of such precautions against accidents on said street railways and at street crossings upon such railroads and street railways, as they may deem neces

sary;

Eleventh, To provide for and preserve the purity and salubrity of the waters of Marquette harbor, and the streams emptying therein; to prohibit and prevent the depositing therein of all filth and other matter tending to render said water impure, To preserve unwholesome or offensive; to preserve and regulate the navigation of said harbor; to prohibit and prevent the depositing or keeping therein any structure, earth or substance tending to obstruct or impair the navigation thereof, and remove all obstructions that may at any time occur therein, and to direct and regulate the stationing, anchoring and mooring of vessels, and Harbor de- laying out of cargoes and ballast for the same. The harbor of the City of Marquette is hereby defined and declared to be embraced within the following limits, viz: Commencing at a point on the shore of Lake Superior where the west boundary of said city strikes the shore; thence north one mile; thence east on a line to the point therein intersected by a line drawn north from the point where the south boundary of the city strikes the shore of Lake Superior; thence southerly on said line to said last mentioned point on said shore; thence northerly along the

fined, boundaries of.

line of said shore, following the meandering thereof to the place of beginning; and any offense committed against the laws and ordinances of the City of Marquette, within said limits, shall be deemed and considered as having been committed within the limits of the City of Marquette;

drunkards.

Twelfth, To restrain and punish drunkards, vagrants, street Vagrants and beggars, and all disorderly persons or keepers of gaming or disorderly houses, or other houses in which drunkards or boisterous persons are allowed to congregate and disturb the peace, or in which any crime or misdemeanor shall be committed by the knowledge or consent of the occupant of such house;

animals

Thirteenth, To establish, maintain and regulate one or more Pounds. pounds in said city, and to prohibit, restrain or regulate the running at large of horses, cattle, sheep, swine, or other animals, geese or poultry, and authorize the impounding and sale of the same for the penalty incurred and the cost of keeping. impounding and other expenses; to punish the breaking of any pound, or any unlawful interference therewith, and to make all such by-laws, ordinances, rules and regulations in relation to such pound or pounds, and the advertising and selling Selling of of the animals, geese or poultry therein impounded, as they impounded. may deem necessary, or as may be advisable for the purpose of perfecting the title of any property sold in conformity with any ordinance or by-law, and for preserving the evidence and declaring the legal effect of any and all evidence of any such sale or sales, and no court other than the circuit court for the county of Marquette, or the courts held in said city, shall have any jurisdiction of any action of replevin or any action against any poundmaster of said city, for, or on account of any animal, or animals, geese or poultry impounded, or for or on account of any act done by any such poundmaster in pursuance of any power or duty conferred by any by law or ordinance passed by the common council of said city;

Fourteenth, To prevent or regulate the running at large of Dogs. dogs, to impose taxes on the owners of dogs, and to prevent dog fights in the streets;

ses.

Fifteenth, To prohibit any person from bringing or deposit- Dead carcasing within the limits of said city, any dead carcass, or other unwholesome or offensive substances; to require the removal or destruction thereof; if any person shall have on his or her Unsound premises any such substance or any putrid meats, fish, hides, meats. or any skins of any kind, and on his or her default, to authorize the removal or destruction thereof by some officer of the city, and to provide for ascertaining the expenses thereof, and collecting the same from the person in default:

Sixteenth, To compel all persons in such part or parts of the sidewalks. city as the common council may deem proper, to keep sidewalks in front of premises owned or occupied by them clear from snow, ice, dirt, wood or obstructions; but the city shall never be liable for any damage sustained by any person in consequence

Ringing of

of the neglect of any person to keep any such sidewalk clear from snow, ice, dirt, wood or other obstructions;

Seventeenth, To regulate the ringing of bells and the crying bells and cry of goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises in the streets;

ing of goods.

Prescribe powers and

duties of officers.

Cemetery.

Paupers.

Markets.

Proviso.

To establish building lines.

Fire districts.

Duty of appointive officers.

Eighteenth, To prescribe the powers and duty of all the officers of said city, except as herein otherwise provided, and their compensation and the fines and penalties for their delinquencies;

Nineteenth, To purchase suitable grounds for cemetery purposes, survey and divide the same, in such form and manner as they may deem proper; fix and determine price of burial lots, sell and convey the same, ornament, fence and improve such cemetery or any burial ground now in the city, and enlarge the same; regulate the burial of the dead; preserve tombstones and monuments; and exercise a general control over all burial places in said city; and all burial grounds now belonging to the township of Marquette, and located within said city, shall vest in and belong to said city for burial purposes; to purchase and hold for the city suitable grounds for one or more public parks; improve and ornament the same, make suitable regulations for their use, and provide for the proper care of

the same.

Twentieth, To provide for the protection and care of paupers and to prohibit and prevent all persons from bringing to the city, from any other place, any pauper or other person likely to become a charge upon said city, and to punish therefor, and to return any such person so brought to the city to the place from whence he came or to which he properly belongs;

Twenty-first, To establish, order and regulate markets; to regulate the vending of wood, hay, meat, vegetables, fruits and provisions of all kinds and prescribe the time and place of selling the same, and the fees to be paid by butchers for license; to prohibit the sale of unwholesome meat, poultry, fish, vegetables or other articles of food or provisions, impure, spurious or adulterated wine, spirituous liquors or beer, or knowingly keeping or offering the same for sale: Provided, That nothing herein contained shall authorize the common council to restrict in any way the sale of fresh and wholesome meats by the quarter within the limits of the city;

Twenty-second, To regulate and establish the line upon which buildings may be erected upon any street, land or alley in said city, and to compel such buildings to be erected upon such line, by a fine upon the owner thereof, not exceeding five hundred dollars for each offense;

Twenty-third, To establish fire districts, within which no wooden building, except such as shall be authorized by the common council, shall be removed, built, repaired, enlarged, placed or allowed to stand or remain;

Twenty-fourth, To prescribe the duties of all officers appointed by the mayor, and their compensation, and the pen