Recorder to issue licenses. License fees. Circus and menagerie. Museum, etc. Merry-goround, etc. Curiosities. Wrestling matches, etc. Other exhibitions. Marquette opera house. Casino, Fraternity hall, etc. Acts and conduct not to be permitted. § 523-SEC. 2. The recorder is hereby authorized to grant licenses for the purpose aforesaid, subject to the payment to the city treasurer by the person making the application therefor, for the use of said city of such sum of money as the recorder may, in his discretion, in each particular case determine, according to the character of the entertainment, exhibition, show or performance, and the length of the time for which such license is required, which said license shall not be valid until the said sum shall have been paid, and the said license shall have been countersigned by the city treasurer: Provided, That not less than the following sums shall be fixed for any such license, nor more than twice said sums, viz: (a) 1. For a circus, one hundred dollars for each day; for a menagerie ten dollars for the first entertainment and five dollars for each subsequent entertainment; for a circus and menagerie combined one hundred dollars for each day. (b) 2. For a museum or a zoological garden, permanently located and established in the city, the sum of twenty dollars. annually; no such license to be issued for a sum less than twenty dollars. (c) 3. For a merry-go-round one dollar per day, and for a shooting gallery, skating rink, and for games and amusements of like character, the sum of five dollars per month, no license under this section to be issued for less than one month. (d) 4. For any exhibit of any natural or artificial curiosity, five dollars for the first day, and two dollars for each subsequent day. (e) 5. For any pedestrian match, wrestling match, boxing match, shooting match or other contest of like character, five dollars for each day. (f) 6. For any public exhibit, show, entertainment or amusement not herein otherwise designated, and for which pay is demanded or received, five dollars for each entertainment. (g) Provided, That upon payment in advance into the city treasury of the sum of twenty-five dollars, quarter yearly, by the owner, lessee or manager of the Marquette Opera House, so called, on Washington street; and of twelve and one-half dollars quarter yearly, by the owner, lessee or manager of the Casino, so called on Main street, and of Fraternity Hall so called, on Front street, and other halls of like character and use, if the same be under lease; the sum so paid shall be in lieu of any other sum or sums of money required to be paid for a license for any performance, theatrical or otherwise, that may occur therein; no such license to be issued for a less sum than required for one quarter year. § 524 SEC. 3. No person or company receiving a license under this ordinance shall permit in or about his or their place of amusement or exhibition, any disorderly conduct, or the use of immoral, profane or indecent language, or permit the sale, giving away, delivering, drinking or use therein of any beer, wine, malt or intoxicating liquors or beverages of any descrip tion, or have connected with such place of amusement or exhibition by side entrance or otherwise, any bar, saloon or place where malt or intoxicating liquors are sold or given away; or permit such place of amusement or exhibition to become and be a place for the resort of thieves, prostitutes or other disorderly persons. revocation council. § 525 SEC. 4. The recorder may refuse to issue licenses to Refusal and the parties and for the purposes aforesaid, and the mayor may of licenses. revoke any license already issued, for good and satisfactory reasons, which shall be reported to the common council in writ- Report of to ing, by the officer so refusing or revoking any license, at its first session following such refusal or revocation; but any party aggrieved by the action of the recorder in refusing a license, or the mayor in revoking a license, may appeal to the common council, and upon due consideration by said council, the action Council may of the mayor or recorder may be reversed, and the license be action. issued, or its revocation annulled, upon a two-thirds vote of all the aldermen elected. reverse § 526-SEC. 5. Any violation of this ordinance shall be cause Violation and for revocation of any license issued, and shall be punished by a penalties. fine of not less than ten dollars, and not exceeding the sum of one hundred dollars, and the cost of prosecution or imprisonment in the county jail for a period not exceeding ninety days, or both, in the discretion of the court; and in the imposition of a fine only, the court may make a further sentence, that the offender be imprisoned until such fine be paid, but for a time not exceeding that provided herein. § 527-SEC. 6. All ordinances and parts of ordinances incon- Repeal. sistent herewith, are hereby repealed. NUMBER 36. AN ORDINANCE RELATIVE TO POUNDS, POUNDMAS- ADOPTED JUNE 12, 1893. The City of Marquette ordains: § 528-SEC. 1. There shall be one or more public pounds in Pounds to be the city of Marquette, to be located in such place or places as may hereafter be or as has been heretofore designated by the located by council. Open entire year. Poundmasters, appointment, term, oath, bonds. Compensation. Animals not to run at large. Who to take up and impound animals. Foes therefor. Poundmaster to keep and feed. Poundmastor's record. Record to show what. Cortificate. common council, and which shall be kept open during the entire year, for the reception of all poultry and animals taken as hereinafter provided. § 529-SEC. 2. The common council shall appoint one or more poundmasters, who shall hold their office during the pleasure of the common council, who shall take and file the oath of office, and shall give bonds to the city in the sum of one hundred dollars, with one or more sureties, to be approved by the common council, conditioned to pay to the city treasurer all moneys that shall come into his hand as poundmaster; and such poundmaster shall receive for his services such sum as the common council shall decide. § 530-SEC. 3. No horse, ass, mule, sheep, swine, goat, cow, calf, neat-cattle, ox, bullock or other animal, and no geese or other domestic poultry shall run, or be permitted to run at large anywhere within the limits of the city of Marquette between the north line of Fair avenue indefinitely produced in either direction, and the south line of Hampton street indefinitely produced in either direction. And no animal or poultry excepting cows shall run or be permitted to run at large in any other portion of said city. § 531-SEC. 4. It is hereby made the duty of poundmasters, marshal, policemen and constables, and it shall be lawful for any other person above the age of twenty years, to take up and convey to one of the public pounds any animal or poultry which may be found running at large within such limits of the city as may be designated by the common council; and for such service the person performing it shall receive from the city treasurer the following compensation: For taking to pound any horse, ass, mule, swine, ox, or bullock, 75 cents a head; any cow or neat-cattle, 50 cents a head; any calf, sheep or goat, and for all other animals not especially herein provided for, 25 cents a head; and for any goose or other domestic poultry, 10 cents a head. 532-SEC. 5. The poundmaster shall receive, keep and feed any animal or fowl which may be brought to the pound. § 533-SEC. 6. The poundmaster shall record, in a book to be kept for that purpose and which shall at all times be open for public inspection, the time when any animal or fowl was received, the name of the person bringing such animal or fowl to the pound, the date and the place where such animal or fowl was found, a description of the animal or fowl, the number of all animals or fowls redeemed or sold by him and a description of them, and to whom sold or by whom redeemed, and the amount received for each animal and fowl redeemed. He shall not pay any money to persons bringing any animal or fowl to the pound, but instead thereof shall give a certificate to such person to the city controller, containing the name of the finder, the amount due, a description of the animal or fowl, and the place where found. The person to whom said certificate is given shall thereupon make affidavit before the controller, that collected. the facts set forth in said certificate are true, and thereupon the Fees, how controller may approve and allow the same, and report the same to the common council. § 534-SEC. 7. The records and books prescribed in section six to be kept by the poundmaster shall be evidence of all sales Record and all other matters contained therein. evidence. animals. Owner. 8535-SEC. 8. The poundmaster shall, at the public pounds, Sales of sell at public auction any horse, ass, mule, sheep, swine, goat, cow, calf, neat-cattle, ox, bullock and all other animals and any and all geese and other domestic fowls which have been impounded therein for a period of six days, and are unclaimed, or whose owners neglect or refuse to pay the fees hereinafter provided. At least three days prior to such sale, notice of such sale shall be served by the poundmaster upon the owner of such Notice to animal or fowl, where the owner is known to the poundmaster, and such notice shall contain a description as near as may be of the animal or fowl to be sold, and shall mention the time and place where such sale shall take place. At least three days prior to any such sale as is herein provided for of animals and fowls empounded, the poundmaster shall cause notices of such sale, containing description as near as may be of the animals and fowls to be sold and also designating the time and place where such sale will take place, to be posted in conspicuous positions Notice of sale in the three following places, to-wit: At the county court to be posted. house, the pound where such sale is to be held, and at the office. of worthless of the city recorder. Provided, That if any animal or fowl Disposition shall have been empounded which is worthless and ought not to animals. be retained in the pound, the poundmaster, upon the order of the controller and the chairman of the committee on pounds, may summarily dispose of such animal or fowl. The poundmaster shall promptly report every such disposition to the common council. paid in paid owner. § 536-SEC. 9. The proceeds arising from the sale of any Moneys to be animal or fowl, and all fees received by the poundmaster, shall, weekly. on Monday of each week be paid into the city treasury, and a receipt taken for the same. After deducting all lawful fees and costs, the money paid into the city treasury for the sale of any Surplus on animal or fowl, shall be delivered to the former owner of such sales to be animal or fowl on satisfactory proof to the controller that he or she was such owner; and the controller is hereby authorized, upon such proof of ownership being made to him, to draw an order on the city treasurer in favor of such former owner of animals or fowls impounded and sold, for the proper amount, and such order shall be approved by the common council as in the case of other claims against the city: Provided, That all When money deposited in the treasury as aforesaid, which may remain unclaimed for the period of one year, shall be transferred and credited by the treasurer to the general fund. unclaimed. ports on oath § 537-SEC. 10. The poundmaster shall on Monday of each Weekly reweek make a report to the city controller, certified to by the of poundaffidavit of said poundmaster, of all animals and fowls impounded masters. Controller to furnish books, purchase etc. Report. Fees of poundmasters. during the preceding week, by whom they were brought to the pound, where they were found, the number redeemed and the number sold, the number remaining in the pound, the amount of money received for each animal or fowl redeemed or sold, together with the receipt from the city treasurer of the amount of money paid into the treasurer's office by said poundmaster; and the controller shall thereupon file and keep the same in his office. § 538-SEC. 11. The controller shall furnish the poundmaster with all necessary books and papers, and shall purchase all sustenance. necessary supplies for the sustenance of all animals and fowls impounded; and he shall examine the books of the poundmaster once in each month and report the same to the common council. § 539-SEC. 12. Poundmasters shall demand and receive the following fees for the benefit of the city of Marquette; for receiving and discharging or selling any horse, ass, mule, ox, bullock, cow, swine, neat-cattle or other animal, one dollar; for receiving and discharging or selling any calf, sheep or goat, seventy-five cents; for receiving or discharging or selling any goose or other domestic fowl, ten cents; for keeping and feeding any horse, ass, mule, cow, ox, bullock, swine or neat-cattle, one dollar for each day or part of day; for keeping and feeding any sheep, goat, calf or any other animal not otherwise herein enumerated, twenty-five cents a day or part of day; for keeping and feeding any goose or other domestic fowl, ten cents a day or part of day: Provided, When any animal or fowl is redeemed within six hours after being impounded, the poundmaster shall not demand or receive compensation for keeping or feeding. Redemption by owners. and charges. § 540-SEC. 13. The owner of any animal or fowl which has been impounded may, at any time before the sale of such animal or fowl, redeem the same upon payment to the poundmaster of the fees provided for in section twelve of this ordinance: ProFurther fees vided, When notices of the sale of any impounded animal have been served on the owner or have been posted as provided for in section eight of this ordinance, the poundmaster shall demand and receive, in addition to the fees provided for in section twelve, the sum of one dollar; and whenever any impounded animal is sold, there shall be collected by the poundmaster from the proceeds of such sale, for the benefit of the city of Marquette, the sum of one dollar in addition to the fees provided for in section twelve. Not to receive certain animals. Delivery of animals only § 541-SEC. 14. In no case shall the poundmaster receive animal or fowl brought to the pound that was found outside any the limits designated by the common council, except in cases where private damages were sustained.* § 542-SEC. 15. In no case shall the poundmaster deliver to' on payment. any person any animal or fowl lawfully impounded before receiving the established fees, except by order of the common council. *NOTE. See general law for such cases, printed in this volume. |