Langlade County, Wisconsin - Chapter 6: Powers and Duties of the Common Council, 1922

Chapter 6: Powers and Duties of the Common Council

of the mayor and the two aldermen from each ward. The common council shall annually meet on the first Monday after the annual municipal election, at 7 o'clock P. M. and at such other times, not less than once in each month, as it shall by resolution appoint. The mayor, or in his absence or inability to act, the president of the council, for any good reason, may call special meetings by notice to each of the members, to be served personally, or left at their usual place of abode by the city clerk. The common council at any regular or special meeting shall have power to adjourn the same to such time as it may deem proper.

Section 2. It shall be the duty of the common council at said first meeting to elect by ballot, one of its members president of the council.

Section 3. The mayor, when present, shall preside at all meetings of the common council, and in his absence or inability so to do the president of the common council shall preside.

Section 4. In the absence of the mayor, and president of the common council, the aldermen present, if there be a quorum shall elect one of its members as president protem, of the common council who shall have and possess all the powers of mayor while so presiding.

Section 5. In the proceedings of the common council each member present, including the mayor, shall be entitled to a vote; but no appropriations nor appointments to office, shall be made except by the vote of a majority of all the members elect.

Section 6. The common council shall determine the rules of its proceedings not inconsistent with any of the provisions of this act. A majority of the members elect shall constitute a quorum for the transaction of business, and may compel the attendance of absent members, and in case of the refusal of absent members to attend for three successive meetings, the common council may declare the office of the member so refusing, vacant.

Section 7. If required by one member present at any meeting of the common council, the vote upon any ordinance, resolution, or question pending before each meeting, except the appointment of officers, shall, when taken, be taken, by the yeas and nays of all the members present, and a record of such vote shall be entered at large in the minutes of the common council.

Section 8. The common council shall have the power, from time to time, to require other and further duties to be performed by any officer, whose duties are herein prescribed, and to prescribe the duties of such other officers as may be appointed, whose duties are not herein prescribed.

Section 10. The common council shall also have power to organize a board of health, and to provide measures for the preservation of health of the inhabitants of said city, and to prevent the spread of infection or pestilential diseases therein. The board of health shall consist of the junior alderman of each ward, the mayor, who shall be its president; each member of the board of health shall have power and perform such duties as the common council, by ordinances or otherwise, shall direct. The city clerk shall be exofficial clerk of the board of health. The common council may, by ordinances, authorize the board of health, or any member thereof, to make and enforce such orders, rules and regulations not inconsistent with the charter of any ordinance of said city as they shall deem most effectual for the preservation of the public health; but no order, rule or regulation of said board, imposing a penalty, shall take effect and be in force until the same shall have been published in a newspaper published in said city, as required for the publication of ordinances.

Section 11. The common council shall have the power to make, modify and repeal such ordinance, resolutions, regulations, or by-laws as may be necessary to carry into full effect all the powers conferred upon it by this act. In every such ordinance, resolutions, regulations, or by-laws passed by said council, it may impose such penalty for the violation thereof, any part thereof, by fine, not exceeding two hundred dollars, and if not paid with the costs, by imprisonment in the county jail for Langlade County, not exceeding six months, or by imprisonment in any other place provided by the common council for the detention or imprisonment and punishment of persons committing offenses, not exceeding three months, and shall have power by such ordinances, resolutions, regulations, or by-laws and with such penalties aforesaid;

2. To restrain, prevent and suppress, houses of illfame, and all places of prostitution, and disorderly and gambling houses, billiard tables, and all instruments and devices for gambling, and to authorize the destruction and demolition of all instruments used for this purpose of gambling, and to punish the occupants and frequenters of such houses and places, and to prohibit the occupation of any room, building, or any part thereof, within said city, for that purpose.

3. To restrain and punish vagrants, mendicants, street beggars, drunkards, and persons soliciting alms, keepers of houses of ill-fame, common prostitutes, bawds, and disorderly persons, and to prevent drunkenness and disorderly and immoral conduct, and obscenity in public places and streets, and to provide for arresting, removing and punishing any persons or persons who may be guilty of the same.

5. To license, prevent, or regulate the sale and giving away of ardent, spirituous wines, malt, fermented and intoxicating liquors, and drinks within the city, under the provisions of this act.

7. To compel the owner or occupant of any grocery, meat market, tallow chandlers shop, soap factory, tannery stable, privy, sewer, drain or other unwholesome or nauseous house or place, to cleanse, remove or abate the same as often as, and whenever the common council or board of health, shall deem it necessary for the health, comfort or convenience of the inhabitants of the city, and for the prevention of diseases.

8. To require the removal of any putrid or unwholesome meat, fish, hides or skins, or any decaying substance of any kind, by any person owing or occupying the premises on which the same may be found and in case of his default to do so, within time as may be prescribed by the council, to cause the removal thereof, and the expense thereof shall be a lien upon the lot or premises upon which the same were found, to be enforced, as hereinafter provided.

10. To prevent any and all persons from casting into Spring Brook within the limits of the city or leaving upon the banks thereof any offal, dead animals, filth or rubbish, and to punish any person or persons doing the same.

11. To prevent the digging, excavating or making holes or places below the natural surface of the ground, wherein stagnant waters or other noxious or unwholesome matter may accumulate, and to cause the filling up, cleansing or purifying of any such hole or place by any person who may have caused, made, or in any way assisted in making the same, and in case of the default in the filling up, cleansing or purifying thereof, within such time as may be prescribed by the common council, to cause the same to be filled up, cleansed or purified, and the expense thereof shall be a lien upon the lot or premises upon which the same existed to be enforced as hereinafter provided.

12. To prohibit any person from bringing or depositing, within the limits of said city the dead carcass of any animal, filth or rubbish or any unwholesome thing.

13. To prevent and prohibit the manufacture keeping or storing of nitro-glycerine, and to regulate the keeping and storing of gun powder, gun cotton, burning fluids, coal oils, and other dangerous explosives material in said city, and to provide for the inspection of illuminating oils and fluids.

14. To prohibit, restrain or regulate the discharge of firearms, and the explosion of gun powder and guncotton, and the firing of fire crackers, and fireworks of any kind within the city.

16. To compel all persons to remove the dirt, snow and ice from the sidewalk in front of the premises occupied or owned by them, and to keep the streets swept in front of such premises and to prevent the encumbering of the streets, sidewalks and cross walks with carriages, wagons, carts, sleds, sleighs, wheelbarrows, boxes, wood, lumber, timber, or other substances or materials whatsoever, and to prohibit excavating on streets, or the raising or lowering the surface of streets, crosswalks, or sidewalks, above or below the established grade, or the interference in any manner with the established grade of the streets, and to prohibit the raising of any portion adjoining, unless with the

18. To regulate and control the erection of awnings and awning posts, to prevent the erection of signs and sign posts in the streets or over the sidewalks; and to provide for and compel the hitching posts and places for fastening teams, at such point or points as the council may deem necessary.

21. To prohibit, restrain and regulate all exhibitions of natural or artificial curiousities, caravans of animals, theatrical shows or performances, circuses, and all other public exhibitions or performances for money, and to require, fix the amount, and provide for the collection of license fees for any and all such public exhibitions or performances.

22. To regulate, restrain and prohibit the ringing of bells and the crying of goods, wares and merchandise or other commodities in the streets of said city.

23. To impose and collect license fees of each auctioneer, and commissions on the sale of goods, wares, merchandise or other personal property by auction, and to punish any person acting as auctioneer without a license, or refusing to report sales by auction.

25. To establish and regulate a market or markets in said city, to restrain and regulate the sale of fresh meats, fish and vegetables, and to select places for the sale of hay, wood, straw, grain, lumber, lime, and all other articles offered for sale from wagons, sleighs or vehicles, and cause the same to be weighed, measured or inspected, and to establish and collect fees for such weighing, measuring, or inspection, and to prohibit under penalties the sales of such articles at any other place or places.

27. To restrain and prohibit the running at large of cattle, horses, mules, sheep, swine, geese and fowls in said city, and to cause such as may be found running at large to be impounded, and to have a lien thereon for all fines, penalties, costs, poundage and damage done thereby, and to cause the same to be sold, to discharge the said liens, and to punish the owners of such animals or fowls found running at large.

28. To prevent and punish horse racing and immoderate driving or riding in the streets or highways; to require all persons driving horses with sleighs or cutters in the streets of said city, to carry bells either upon the horses or other animals, to warn other persons using said streets, and prevent and punish persons playing any game or doing any act having a tendency to frighten horses, or annoy persons passing in.

29. To compel railroad companies and other corporations and persons, to do all needful and proper draining, grading and filling up the lands owned or occupied by them, within the limits of said city to compel railroad companies to construct and keep in repair, suitable street crossing and carriage ways over their several tracks, and place flagmen at such street crossings, in said city, as said common council may designate; to regulate and restrain the speed of cars in passing through said city, and to prevent such cars from passing at a greater rate of speed than six miles per hour through said city, and to prevent the obstruction of streets, lanes and highways by the cars of said companies, and to regulate the putting up of all necessary signs to beware of the cars, at railroad and street crossings.

32. To protect shade trees and direct and compel and regulate the planting, rearing and preservation of shade or ornamental trees in the streets and public grounds in said city.

Section 12. The common council shall have authority, by ordinances, resolution, or by-laws; regulate, preserve and dispose of the property, real and personal, belonging to the city.

2. To purchase all real estate, or other property, as may be required for the use of such city, for public uses, provided, the cost thereof shall not exceed the amounts previously limited therefor.

5. To establish, make, regulate, preserve, and protect public reservoirs, pumps, wells, hydrants and fountains in said city, supply them with water and construct all necessary water works for such purposes, and to pay for the same, and to prevent the unnecessary waste of water therefrom and regulate and control the use thereof.

7. To fix up, widen, straighten, deepen, drain, dress, or otherwise improve or abate any and all sloughs, ravines, water courses and wet places in the limits of said city.

8. To compel the owners or occupants of houses or other buildings to have scuttles in the roofs, and stairs or ladders leading to the same, and suitable fire escapes for same.

9. To prevent the deposit of ashes in unsafe places, and to cause all buildings and enclosures, as may be in dangerous state, to be put in a safe condition.

10. To regulate and prevent the improper construction and unsafe condition of chimneys, fire places, hearths, stoves, stove pipes, ovens, boilers, and appa-

12. To authorize the mayor, aldermen, police, firemen and other officials of the city to keep away from the vicinity of any fire all idle and suspicious persons, and to compel all persons in said city to aid in the extinguishing of fires and the protection and preservation of property thereof.

13. To authorize and require any person appointed for that purpose to enter buildings and enclosures at proper times, to ascertain whether the arrangements for fire, or the preservation of ashes are dangerous, ard to cause such as are dangerous to be put in a safe condition.

Section 13. The common council shall let by proposals to the lowest bidder and not otherwise, all contracts for services or work, and materials or supplies, and other payment for the same, except as is specifically otherwise provided by this act, and may, from time to time, require any officer to furnish reports, information or estimate and to perform other and further duties than herein prescribed, if the council shall deem that the interests of the city so require.

Section 14. The common cour.cil shall have power by ordinance or resolution, to cause all out and in lots within said city, of less size than ten acres each, that have not been platted and recorded by the owner or owners thereof as required by the laws to be platted and recorded, and to tax the charges for the platting and recording thereof against the lot or lots so platted and recorded, to be collected in the same manner as other special city assessments and taxes.

Section 15. The common courcil may cause all streets, highways, alleys, lanes, side and crosswalks, culverts, drains, sewers, public places in the said city, to be surveyed and described and the established height of all grades of streets or sidewalks, to be recorded in a book to be kept by the city clerk for that purpose, and to cause maps to be made and filed with the city clerk. Such records and maps, when so filed, shall be primafacie evidence of the facts therein described and portrayed, in all actions and places between the city and other persons, touching their location and the facts therein or thereon represented.

Section 16. The common council of said city shall, by proper resolution, levy all taxes to be raised in said city, itemizing the amount so as to show the amount raised for school purposes, and for general purposes.

Section 17. The school tax shall be based on an itemized estimate of the amount required, such estimate to be furnished to the council by the board of education of said city at the regular monthly meeting of the council in July, each year, but they may, by a two-thirds vote of the whole council, levy more or less tax for school purposes than the amount so estimated by the board of education.

at its regular meeting in April, levy taxes on all the taxable property of said city, not exceeding five mills on the dollar, for highway purposes, such tax to be known and designated as the general fund.

Section 19. The common council shall, annually at its November meeting, levy a tax not exceeding five mills on a dollar, on all the taxable propery of said city for all general purposes of said city, to be known and designated as the highway fund.

Section 20. Such highway tax shall be levied and carried out immediately, and the tax roll placed in the hands of the city treasurer for collection on or before the tenth day of May, in each year. The treasurer shall forthwith proceed to collect the highway tax so levied and shall collect the same on or before the first day in June, in the next year.

Section 21. The common courcil shall at its last regular meeting before the annual municipal election, by resolution, fix the salaries and compensation to be paid to such of the city officers and employees, to be elected or appointed under the provisions of this act as are entitled thereto; provided no salary or compensation having been once fixed, shall not be increased to any officer or employee during his term of office or employment, unless by the unanimous consent of all the members of the common courcil elect; provided that the salaries for the first year shall be fixed at the first meeting of the council.

Section 22. The common council of the city of Antigo shall, annually at the spring election therein, submit to the voters of said city the question of granting license for the sale of intoxicating liquor, or refusing to grant license for the sale of intoxicating liquors therein, for the ensuing year. The question when submitted to the voters shall be upon a separate ballot, and the ballots on the license question shall be in the following form : Those in favor "For License," those against "No License," and they shall be deposited in a separate ballot box provided for that purpose and whenever a majority of the voters shall declare by their votes as aforesaid in favor of license then the common council shall grant licenses according to the provisions of the laws of the State of Wisconsin on that subject, and in case the majority of the voters shall declare for no license, as aforesaid, then, and in every such case, the common council shall have no power or authority to grant licenses for the sale of intoxicating liquors and drinks in said city; and all such licenses granted shall run from the first day of May in each year to the first day of May following; provided, however, that when any such license may be applied for after that date the same may be granted to expire on the first day of May of each year on applicant paying pro rata therefor; but no license shall be granted for a longer period than one year.

Poll Tax

Section 23. The common council of said city shall have and it is hereby granted power to tax annually each male inhabitant within the corporate limits of said city, not by law exempt from such labor, between the ages of twenty-one and fifty years, a sum not to exceed one dollar and fifty cents, to be denominated a poll tax, and to be appropriated to the improvement of the streets, roads, alleys and crosswalks of the city.

Section 24. On or before the twentieth day of May in each year the street commissioner in each ward shall make out a list of the names of all male persons over the age of twenty-one and under the age of fifty years, liable to pay such poll tax, with the amount thereof set opposite to each person's name, and submit the same to the common council for correction. When such list is correctly made out, and on or before the first day of June in each year, the board shall by order (signed by the mayor and clerk and annexed thereto) direct the same to be delivered forthwith to the street commissioner in each ward for collection.

Section 25. The street commissioner shall notify each male inhabitant to whom a poll tax shall be so assessed, to appear at a certain time and place in his ward with such tools as the street commissioner shall direct; such notice to be less than three nor more than five days. If the persons so notified shall appear and work for one day, agreeably to the order of such street commissioner, he shall, if he demands, receive a receipt for the poll tax so assessed, provided, however, that the person so assessed may, at his option, pay such poll tax in money. And if any person neglects to pay the same for two days after, the street commissioner shall in the name of the city, sue for and collect such tax with fifty percenium damages on the same with costs of suit, before the justice of peace of said city, and in default of payment of such judgment execution shall issue against the defendant as in cases of court, and the first process in such action shall be by civil warrant; and the street commissioner shall account for such taxes by him collected, in the same manner as for other moneys coming into his hands by virtue of his office. And the street commissioner, while said list is in his hands for collection, may be put upon the same, the names of all such persons liable to such tax, as may have been omitted therefrom, who shall then be liable, the same as if their names were originally placed in such list.

Section 26. Every street commissioner shall, before entering on the duties of his office, give a bond to the city of Antigo, with one or more sureties, to be approved by the common council in the penal sum of not less than five hundred dollars, conditioned to render an account to the common council, whenever required by law, or the ordinances of said city, or by vote of said common council, to safely keep and account for, and deliver over when lawfully required, all property of said city that may come into his hands; to use, disburse or pay over as required by law, or the ordinances of said city, all moneys that may come into his possession as such officer, and to faithfully discharge the duties of his said office.

Section 27. The common council of said city shall at its first meeting after election, elect a city marshal of said city, who shall before he enters upon the discharge of the duties of his office take the constitution oath of office and give a bond to said city, and to each and every person entitled thereto, for all moneys that may come into his hands by virtue of his office.

Section 28. The city clerk and city assessor shall be paid a salary to cover all services rendered by them; the common council may also, in its discretion, pay the marshal a salary, in which case the salary so fixed shall be in full for all services which the marshal may render by direction of the council, and shall also be payment in full for any and all services rendered by him in or for which the city mayor shall eventually become liable.

Section 29. The common council may by a twothirds vote of the whole council make temporary loans at such rates of interest as it shall decide for the general purpose of said city, and may, in its discretion, in anticipation of the highway tax levied but not paid in the month of June in any year, make temporary loans for highway purposes, but no such loan shall, in any event, exceed the amount of tax levied for highway purposes, and all moneys so loaned by the city for highway purposes, if any, shall be apportioned to the wards on the basis of the tax levied.