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street of this city without having first obtained the right of way or permission from the mayor and common council to do so, shall be guilty of a misdemeanor. [R. O. 1888, Chap. 61, Sec. 8.

SEC. 7. Penalty for violating preceding sections. -Any person, corporation or copartnership. or the president, superintendent or manager thereof, violating or failing to comply with any of the foregoing provisions of this ordinance, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined, if no other or different punishment be prescribed therefor, not less than five dollars nor more than five hundred dollars. [R. O. 1888, Chap. 61, Sec. 9.

SEC. 8. Fenders required on cars-penalty.There shall be placed and maintained on every car used on any street railway, including trail cars or cars attached to motor or power cars, in this city, a fender, which shall be placed not more than five inches from the ground or surface of the track. Such fender shall extend in front of the wheels of the car, and shall be so constructed as to afford the best possible protection to persons with whom such car might come in Any person or corporation violating this section. shall be fined not less than ten dollars nor more than fifty dollars. [G. O. No. 447.

SEC. 9. Rates of speed. It shall be unlawful for any company or corporation, or employe thereof, to run any street car within the territory bounded by Missouri river, Francis, Ninth and Messanie streets at a greater rate of speed than eight miles per hour, and outside of said limits at a greater rate of speed than ten miles per hour. Any company or corporation or any employe thereof violating any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten dollars nor more than fifty dollars for each offense. [G. O. No. 448, Sec. 1.

SEC. 10. Cars to be fitted with gong-to be sounded, when-penalty.-Every person or corporation

owning or operating any street railway in this city, running cars, propelled by electricity or other power, shall cause every car or vehicle owned or operated by them to be fitted with a gong. It shall be the duty of such person or corporation to cause the gong on such car or vehicle to be struck or rung in quick succession on approaching any team, carriage or person, and upon approaching any street crossing within the city. Any driver, motorman or other person having charge of any such car or vehicle, and failing to strike such gong as herein provided, shall be fined for each such offense not less than five more than fifty dollars. [G. O. No. 543, Sec. 1.

SEC. 11. Car to stop at railroad crossing-gong to be sounded-penalty.-It shall be the duty of any driver, motorman or other person having charge of any street car, in this city, before crossing the track of any steam railroad with such car, to cause the same to come to a standstill at least ten feet from such track, and to strike or ring the gong of said car, and if no danger is imminent, the car so stopped may proceed to cross such track. Any person violating the provisions of this section shall be fined not less than five nor more than fifty dollars for each and every offense. No. 543, Sec. 2.

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SEC. 12. Each car to be numbered and licensed. -Every person, copartnership, association, corporation or company, operating any street railway, or engaged in the business of transporting passengers from one point to another within the city of St. Joseph, for hire, on any street railway, shall pay to the city, in advance, an annual license fee of in fifteen dollars for each and every car generally used by them. transporting passengers for hire, within the city, or to or from any place within the city. Each car shall be numbered and have its number painted in a conspicuous place on the car, and on the payment of the license required herein the city auditor shall issue for each and every car so licensed a metallic plate inscribed as follows: "Licensed," with the year in which

such license was issued, which plate shall be placed and kept on the outside of said car in a conspicuous place so that it may be readily seen from the sidewalk, and the said license shall be framed and exposed in the car bearing the number corresponding with that in said license: Provided, that when any car shall be laid off for repairs another car may be substituted and used and shall have the same number during such time, and on extraordinary occasions additional cars may be used. [G. O. No. 441, Sec. 81.

SEC. 13. Penalty for failing to pay license.On the first day of May, of each year, the license inspector shall notify all persons embraced in the next preceding section, transporting passengers on any street railway in the city of St. Joseph, or the superintendent or manager of such railway, to pay the license herein provided, and if any car shall be placed upon and run or used upon any such railway after the said first day of May, the license fee shall be at the same rate for the remainder of the year, and in case any of them refuse, fail or neglect to pay said license within ten days after having received said notice, they shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum of not less than twenty dollars nor more than one hundred dollars for each unlicensed car used by them in transporting passengers within the city of St. Joseph for hire. [G. O. No. 441, Sec. 82.

SEC. 14.

Shall remove tracks and restore street, when. Whenever any street railway company to which the right has been granted by the common council of this city to construct and operate its track over, along and upon any street or avenue of this city shall have, or shall hereafter, abandon any such street or avenue, or any part thereof, and shall have, or shall hereafter, remove its tracks from any such street or avenue, or any part thereof, it shall be the duty of such street railway company to remove all cross-ties and stringers theretofore placed in said street, avenue or part thereof, and to

restore such street or avenue or part thereof, to as perfect a condition for travel as though such ties and stringers had never been laid therein, and to put the same in thorough repair. [G. O. No. 362, Sec. 1.

SEC. 15. Same-penalty.—Any street railway company which shall fail to remove its ties and stringers and to so restore and put in perfect condition any street or avenue, or part thereof, from which it has removed its tracks, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars for each day that it shall fail so to do from and after the tenth day following next after the city engineer shall have notified the general manager, superintendent, or other officer found in charge thereof, of said street railway company so to do. [G. O. No. 362, Sec. 2.

SEC. 16. Notice to restore street-how served. -It is hereby made the duty of the city engineer to notify the general manager or superintendent or any local managing agent or officer of any street railway company which has or shall have so removed its track to remove its ties and stringers and to so restore and put in such perfect condition such street or avenue or part thereof, by a notice in writing under his hand as city engineer; and he shall also furnish the city attorney with a copy of such notice, certifying the day and manner of its service. [G. O. No. 362, Sec. 3.

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SECTION 1. Street improvements, removal of tracks for. When any street, avenue or highway in this city, any portion of which is, or may be occupied by the track

or tracks of any street railway company, is, by ordinance ordered to be macadamized or paved, such street railway company shall, upon receiving written notice from the city engineer so to do, within forty-eight hours from the receipt of such notice, remove all its tracks, stringers, cross-ties and all other parts or appurtenances of said track or tracks from such portion of said street, avenue or highway as the city engineer may direct in the notice aforesaid, not to exceed a distance of five hundred feet at one time; provided, however, that no one line of street railway shall be required to move its track or tracks for any distance at more than one place at any one given time for the purpose named in this ordinance. "A line of street railway" is hereby defined as a system of tracks serving a separate portion or district of the city whether originally laid and constructed under one or more grants or franchises. [G. 0. No. 349, Sec. 1.

SEC. 2. Shall replace track, when.-Said railway company or any officer or employe thereof shall not replace said track or tracks, stringers rails, cross-ties or any part or appurtenances of said track or tracks or any portion thereof until the road bed of said street, avenue or highway shall have been graded to the proper sub-grade and rolled and otherwise prepared to receive the macadam or paving material. When, upon the portion of said street, avenue or highway from which the said railway track or tracks and all parts and appurtenances thereof, have been removed by said railway company in pursuance of the notice herein required to be given, the subgrade has been properly formed, prepared and rolled, the city engineer shall notify said railway company to replace said railway track or tracks and the necessary parts and all appurtenances thereof for the entire distance from which they have been removed, said laying and reconstruction to be completed within forty-eight hours from the service of said notice and in accordance with the provisions of the following section of this ordinance. [G. O. No. 349, Sec. 2.

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