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NUMBER 32.

AN ORDINANCE RESPECTING THE PUBLIC PARK
AND CITY CEMETERY, AND PROVIDING FOR
THE APPOINTMENT OF A PARK AND

CEMETERY COMMISSIONER.

ADOPTED APRIL 4, 1872.

It is hereby ordained by the common council of the city of Marquette:

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§ 496-SEC. 1. The burial grounds in the city of Marquette, “City cemelying north of the line of Bluff street, and west of Seventh designated. street, formerly belonging to the township of Marquette, are hereby declared to be public burial grounds, and shall be known and designated as the "City Cemetery"; and the public grounds Washington next adjoining the said cemetery on the south, and extending to street park. Washington street, are hereby declared to be and shall remain a public park.

burial lots.

§ 497-SEC. 2. All lots or plats in said cemetery heretofore Property in sold for burial purposes, shall be and remain the property of certain the respective purchasers thereof or their legal representatives for such purposes only, but subject to such general regulations respecting the cemetery grounds as may be now or hereafter in force.

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498-SEC. 3. (Annulled by Charter 1895).

499-SEC. 4.
500-SEC. 5.

(Annulled by Charter 1895).
(Annulled by Charter 1895).

prohibited.

conduct.

§ 501-SEC. 6. If any person shall bury or attempt to bury Burials in any dead body in any unsold lot in said cemetery, except in such unsold lots spot or place therein as shall be designated and set apart by said [park and cemetery] commissioner for the burial of indigent persons, strangers, etc., or shall bury or attempt to bury any Unlawful dead body in any lot belonging to another, without permission burials. of the owner or owners thereof; or shall be found in said park or cemetery, discharging fire arms, hunting or trespassing in Prohibited any other manner, or shall behave in a rude, disorderly or in-acts and decent manner therein; or shall injure, deface or destroy any tree, shrub, stone, stake, post, fence, monument, vault or other fixture, building or thing of value or ornament in the said park or cemetery, or trespass on any grave in the cemetery, he or they shall severally be subject to a fine of not less than ten dollars nor exceeding one hundred dollars; and the court or magis- Penalty. trate may in any aggravated case cause the offender to be imprisoned in the county jail for a period not exceeding ninety days in addition to the fine.

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502-SEC. 7. (Annulled by Charter 1895). 503-SEC. 8. (Obsolete).

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Unlicensed

auctioneers prohibited.

Penalty.

License fee.

NUMBER 33.

AN ORDINANCE RELATIVE TO AUCTIONEERS.

ADOPTED MARCH 9, 1892.

It is hereby ordained by the common council of the city of
Marquette:

§ 504-SEC. 1. No person shall. exercise the business of auctioneer, or sell or cry off at auction any goods, wares or personal property of any discription within said city until first licensed as an auctioneer, and any person that shall assume the business of auctioneer, or sell or cry off at auction any goods, wares or merchandise within said city without being first duly licensed, shall be punished by a fine not less than five dollars nor more than one hundred dollars and costs of prosecution for each offense

§ 505--SEC. 2. Before any person shall receive such license for an auctioneer, he shall pay into the city treasury, for the benefit of said city, the sum of ten dollars; and he shall also exBond to city. ecute a bond to the city of Marquette in the penalty of five hundred dollars, with one or more sufficient sureties, to be approved by the mayor or person acting as mayor, conditioned for Conitions of the faithful discharge of his duties as such auctioneer, and to truly conform to the ordinances of said city relating to auctions and auctioneers, and pay all penalties which may be recovered against him for a violation of any ordinance of said city relating to auctions and auctioneers, and also to pay the said city one per cent on all sales made by him under such license.

bond.

Sales by unlicensed

prohibited.

§ 506-SEC. 3. No auctioneer shall employ any agent, clerk auctioneers or other person to sell or cry off at auction, any goods, wares or merchandise within said city, unless such agent, clerk or other person shall at the time of such employment, be a duly licensed auctioneer of said city, nor shall any auctioneer by such agent, clerk or other person carry on or conduct two or more auction sales in said city at the same time; nor shall any such auction sale be conducted except in the immediate presence and under the personal supervision of such auctioneer, under a penalty of not less than five dollars nor more than fifty dollars and costs of prosecution for each offense.

Mannor of conducting business.

Ponalty.

Means of attracting attention

§ 507-SEC. 4. No bellman or cryer, nor any drum or fife, or other instrument of music, nor any show, signal, or means of prohibited. attaching the attention of passers by, other than a sign or flag, shall be employed, or suffered or permitted to be used, at or near any place of sale, or at or near any auction room, or at or near the residence of any auctioneer, or at or near auction whatsoever, under a penalty of not less than one dollar and not more than ten dollars and costs of prosecution for each offense, recoverable from the person using the same, and the auctioneer or his agent causing, suffering or permitting the same to be used severally and respectively.

Penalty.

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goods from

§ 508-SEC. 5. If any person so licensed shall receive for Not to sell sale by auction any goods or commodities from any minor or minors, etc. apprentice, knowing him to be such, or shall make use of, or suffer to be made use of, any deception or fraud in the sale of Not to use goods at auction or shall sell or suffer to be sold a quality of deception or goods inferior to that represented at such sale, or shall deliver an inferior quality of goods as and for those sold at auction, he shall be subject to a fine of not less than five dollars or more Penalty. than fifty dollars and costs of prosecution for each offense.

fraud.

how.

Inspection by

§ 509 SEC. 6. Every auctioneer shall keep a fair and par- To keep ticular account of all goods and chattels sold by him, of the accounts, person from whom they were received, and of the prices at which the same are sold, and which shall be open to inspection of the mayor or the person discharging the duties of mayor, mayor, etc. each member of the common council and city attorney, at all reasonable times when thereto requested, and any auctioneer violating any of the provisions of this section, shall be punished Penalty. by a fine of not less than five dollars nor more than fifty dollars and costs of prosecution for each offense.

prohibited.

§ 510-SEC. 7. No auctioneer by himself, or agent, shall sell Where sales or expose for sale at auction any goods, wares or merchandise on any sidewalk, or in any street, lane, alley or public highway in said city unless by written permission from the mayor of said city in each case, under a penalty of not less than five dollars, Penalty. nor more than fifty dollars and the costs of prosecution for each offense.

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§ 511--SEC. 8. Whenever any licensed auctioneer shall be License may convicted of any violation of any of the provisions of this ordi- be revoked, nance; in addition to the penalty herein prescribed, such license may be revoked by the common council and the same be cancelled, and a note in writing indorsed on the record of such license signed by the mayor or person discharging the duties of mayor, briefly stating the order of revocation and the cause thereof, shall be deemed sufficient revocation and annullment of such license.

default of

§ 512-SEC. 9. In default of the payment of any fine, penalty Imprisonor forfeiture imposed by any of the provisions of this ordinance, ment in together with the costs of prosecution, the offender may be payment of sentenced to be imprisoned in the common jail of the county of fine, etc. Marquette, or jail or work house of said city until the payment of such fine and costs, for a period of not less than ten days nor more than ninety days.

Unlicensed peddling prohibited.

Recorder may license.

License fees.

Term of license.

Peddlers

vehicles to be numbered.

carried and exhibited.

NUMBER 34.

AN ORDINANCE RELATIVE TO HAWKERS AND
PEDDLERS.

ADOPTED MARCH 8, 1892.

It is hereby ordained by the common council of the city of
Marquette:

§ 513-SEC. 1. No person shall follow the business or occupation of hawker or peddler, or engage in hawking or peddling within the limits of the city without a license from the recorder. § 514 SEC. 2. The recorder is hereby authorized to license any person to follow the business of a hawker or peddler, and to sell goods by hawking and peddling upon his paying to the city treasurer the sum prescribed in the next section.

§ 515-SEC. 3. Any person soliciting a license as a hawker or peddler shall pay to the city treasurer therefor as follows: For hawking and peddling while traveling on foot, the sum of $2.00 for the first day, and $1.00 for each subsequent day; for peddling from hand-carts and stands in the city streets, the sum of $3.00 for the first day and $1.50 for each subsequent day; for peddling with any conveyance drawn by one horse or other animal, $5.00 for the first day and $2.00 for each subsequent day; for peddling with any conveyance drawn by two or more horses or other animals, $10.00 for the first day and $5.00 for each subsequent day: Provided, That no license under this section shall be issued for a longer period than thirty days, and each renewal shall be deemed and considered a new license.

§ 516-SEC. 4. Any person using any hand cart, wagon or other conveyance in peddling under the provisions of this ordinance shall have the number of his license placed in a conspicuous place on each side of said vehicle, securely fastened to such vehicle so as to be plainly seen; the figures of which shall be not less than two inches in height.

License to be § 517-SEC. 5. Every person obtaining a license as hawker or peddler shall at all times while conducting business as such, have and carry with him his said license, and shall upon the demand of the mayor or any city officer or citizen of said city, exhibit the same and permit inspection thereof.

Manner of

carrying on business.

§ 518-SEC. 6. All peddlers while carrying on their business with hand-carts or vehicles shall keep the same in motion, except when stopping the same to make sales, upon application of any customer, when they shall draw up next to the curb, and remain there only so long as actually engaged with customers there present. No hawker or peddler or any other person shall shout or call aloud, or cry out his goods, wares or merchandise in any of the streets, avenues, alleys or public places of the

etc., prohib

city, nor shall such peddlers or hawkers blow any horn, ring Horns, bells, any bell, or use any other similar device to attract attention ited. within the limits of the city.

§ 519-SEC. 7. This ordinance shall not apply to the selling sales not or offering for sale of live-stock, vegetables, fruit, berries, milk, requiring butter, eggs, fresh meat or fresh fish, wood, hay or other farm produce.

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§ 520-SEC. 8. Any violation of any of the provisions of Violations, this ordinance shall be punished by a fine not exceeding one ished. hundred dollars for each offense, or by imprisonment in the county jail for a period not exceeding ninety days, or both such fine and imprisonment in the discretion of the court.

§ 521-SEC. 9. All ordinances and parts of ordinances in- Repeal. consistent herewith are hereby repealed.

NUMBER 35.

AN ORDINANCE RELATIVE TO PUBLIC
ENTERTAINMENTS.

ADOPTED MARCH 12, 1892.

It is hereby ordained by the common council of the city of
Marquette:

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license prohibited.

§ 522-SEC. 1. No person or persons, company or companies, Entertainshall make or exhibit in the city any circus, managerie show, without game or festival or other exhibition, or give any concert or musical entertainment or exhibit any natural or artificial curiosity or panorama, or give any public entertainment or amusement of any kind, for which pay is demanded or received without a license. And any person or persons giving any such entertainment without such license, shall forfeit and pay to said Penalty. city the amount hereinafter required to be paid as a license fee for any such entertainment, so given, in addition to the fine and costs hereinafter provided for a violation of any of the provisions of this ordinance: Provided, This ordinance shall not extend to any exhibition by the pupils of any private or public when no schools or to any musical entertainment given by the members, required. and for the benefit of any resident musical society, or to any exhibition of painting, engraving, sculpture or fine art, executed by a citizen of Marquette, or to any concert or musical entertainment, fair, festival, or lecture for the benefit of any church or benevolent society of said city, or to any game of cricket, polo, la-crosse, base or foot ball, or to any exhibition of archery, or to any boat race, regatta, or military exhibition or entertainment of like character, given or managed by any association, club or company of said city.

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