powers of

Council.

purposes following: To prevent and remove nuisances within General
the limits of the city; to regulate or prohibit the storage of duties and
gunpowder, hay, and all other combustible materials; to pre- Common
vent disturbances of the peace; to prohibit disorderly con-
duct; to license and regulate merchants and the sale of goods,
wares, and merchandise, auctioneers, hotel-keepers, ordina-
ries, restaurants, taverns, bar-rooms, billiard tables, saloons,
theatricals, circuses, shows, concerts, and all places of public
entertainment and amusements; to license and regulate tip-
pling-houses, dram-shops, hawkers, peddlers, pawnbrokers;
to regulate or prohibit dance-houses, houses of assignation,
bawdy-houses, houses of ill-fame, and disorderly houses of
all kinds; to prevent and punish disorderly conduct in the
presence of the Common Council, or disturbances of a
meeting thereof; to establish rules for the government of the
proceedings of the Council; to regulate bonds of all city
officers, except members of the Council; no Councilman to
be directly or indirectly interested in any contract made by
them, or in any pay for work done under their direction or
supervision; and to fix the amount and penalty thereof, and
the number and qualifications of sureties thereon, and the
conditions of said bond; to lay out, alter, establish, widen,
construct, reconstruct, pave, gravel, grade, macadamize,
repair, and keep in order all streets, alleys, sidewalks, cross-
ings, gutters, and to establish, change, or alter grades of any
streets, alleys, sidewalks, crossings, gutters, or to vacate any
street or alley; to lay out, construct, establish, and build
sewers and drains in said city; to provide for the prevention,
by fine and imprisonment, of running at large in said city of
horses, swine, sheep, goats, mules, and cattle, and for the
impounding the same and selling them to pay expenses and
costs of such impounding, keeping, and selling, and paying
in such fines; to compel the muzzling or killing of dogs for
non-payment of taxes, or for other reasons, and to authorize
their being killed; to establish and regulate markets, booths,
and stands; to prohibit slaughter-houses within said city,
and the slaughtering of cattle, swine, sheep, and goats in said
city; to establish and provide a police department, and regu-
late the proceedings and conduct of the same; to provide for
and establish a chain-gang, and to regulate the proceedings
and conduct of the same, and to authorize the working out
of fines of persons committed to prison for violating the
ordinances and regulations of the city; to provide for and
establish a fire department, and to regulate the proceedings
and conduct of the same; to establish public reservoirs and
works for supplying the city with water; to provide modes
and manner of lighting streets and public grounds; to
establish the manner of appropriating fines, penalties, and
forfeitures for breaches and violations of ordinances and
non-compliance therewith; to ordain, establish, and impose
fines, penalties, and forfeitures for the breach or violation of
any ordinance, or for non-compliance therewith; provided,
that no ordinance shall fix the fine for one offense above three
hundred dollars, or the imprisonment for one offense for more
than one hundred and fifty days; and provided, that such ordi-

General

powers of

Common
Council.

nance may provide an alternative judgment, imposing a fine, duties and and on failure to pay the same, imprisoning the person one day for each two dollars of such fine, or to cause the person to work for said city, and allow two dollars for each day's work on said fine; to provide for the removal of dirt, filth, and obstructions from the streets, alleys, sidewalks, and public square, parks, or places, and to punish for the depositing of stone, dirt, filth, offal, slop, garbage, and obstructions in the streets, alleys, sidewalks, public squares, parks, and public places; to define what shall be nuisances; to provide for the abating and removal of nuisances; to prevent and punish the depositing of dead animals, dirt, filth, offal, garbage in said city or in Santa Rosa Creek; to establish sanitary regulations for the health of the city, or to prevent the spread of infectious diseases; to establish and provide hospitals, workhouses; to suppress and punish vagrants, mendicants, thieves, pickpockets, bawds, and prostitutes; to provide for fining owners of vicious dogs, and to kill such dogs; to license and regulate baggage wagons, hacks, cabs, carriages, express and job wagons; to provide for the measurement, weight, and sale of coal-oil, wood, and coal. The Common Council shall be the general agents of the city for the management of the affairs thereof, and shall have the general supervision of the same and control thereof, and shall have power to make contracts; to levy a tax annually for general purposes on all property in the city subject to taxation, not exceeding one per cent. of the assessed value thereof, and to order the same collected; to order the collection of a streettax annually of two dollars on each male person over the age of twenty-one years and under the age of sixty, residing in said city; to levy and order collected a tax not to exceed five dollars on each and every dog owned or kept within the city limits. And the Common Council may, by order entered on their minutes, and by notice of ten days previously given, in the same manner as notices of city elections are required to be given, submit, at any election, to the qualified electors within the city, the question of levying such other tax as may be required, specifying the rate and manner of voting; to expend the amount collected of the tax for such purpose as the Common Council may determine; to construct and keep in repair public cisterns and wells; to purchase and repair fire-engines, hose, and apparatus necessary for the use of the fire department; and to build, purchase, or rent buildings for the use of the city, or for the use of either of the departments of the city; to establish, purchase, contract for, build, regulate, and keep in repair a City Prison; to control, pay out, and expend the funds of the city; and to do any and all acts and things necessary to the proper performance of their duties under the charter. They shall receive four dollars per day while sitting as a Board of Equalization, but shall receive no other compensation.

Restriction of powers.

SEC. 12. The Common Council shall not contract any liability, either by borrowing money, issuing bonds, loaning the credit of the city, or contracting debts, which, singly or in the aggregate, with any previous debts or liabilities, shall

exceed the sum of five thousand dollars, over and above the amount in the treasury.

demands

out and

of claim.

damages.

SEC. 13. All bills, claims, and demands against the city Claims and shall be plainly stated in writing, and verified by the oath of against city, the claimant, or some person in his behalf. The items how made of the claim shall be particularly stated therein. The said verified. claim shall be filed by the City Clerk, who shall present it to the Common Council, and they shall allow or reject the same, in whole or in part. No bill, claim, or demand shall be allowed, in whole or in part, unless so made out and verified. No action shall be commenced against the said city, unless the bill, claim, or demand upon which it is founded shall have been first so presented in writing, by filing the same with the City Clerk, nor until one month after such filing. Upon the expiration of said month, if such claim, bill, or demand shall not have been allowed, in part, by said Board, and suit shall thereafter be commenced, and no more is recovered against said city than the amount so allowed, no costs shall be allowed or recovered against said city, but said city shall recover costs. If no action shall be commenced Limitation within one year after the expiration of said month, the bill, claim, or demand, so filed, of whatever nature, shall be forever barred and incapable of ever being revived in any manner whatsoever. No action shall be commenced or Actions for maintained against said city for damages sustained by reason of the omission of said city to comply with its own ordinances or orders, or omissions to carry out or enforce the same. All bills, claims, or demands finally allowed shall become and be a debt against said city, and shall be paid in the usual course of business, unless otherwise ordered. Warrants on the treasury shall be ordered drawn for all bills, claims, or demands so allowed, which warrants shall be signed by the Mayor, countersigned by the Clerk, and numbers [numbered] and payable in the order of their numbers. SEC. 14. The Mayor shall preside over all meetings of the Duties of Common Council at which he is present. He shall have no vote except in case of a tie. In his absence a President pro tem. shall be chosen. The Mayor, or in his absence the President pro tem., shall sign all warrants drawn on the city treasury, and shall sign all written contracts entered into by said city, as such Mayor or President pro tem. The Mayor and the President pro tem. shall have power to administer oaths and affirmations, and take affidavits and certify the same under their hands, and shall execute and acknowledge all conveyances and other instruments in writing required of said city. The Mayor shall be a conservator of the peace, and shall take care that the laws of the State and ordinances of the city shall be duly enforced.

Mayor.

duties of

salary, fees,

SEC. 15. The Recorder of said city, as to crimes and offenses Powers and committed within the limits of said city, shall have like Recorder; criminal jurisdiction as now is or may hereafter be conferred jurisdiction, by the laws of this State on Justices of the Peace, and all the laws of this State relating to the jurisdiction of Justices of the Peace in criminal cases, to the processes issued by

duties of

Recorder;

salary, fees.

Powers and them, the trial of such cases, holding to bail, committing to prison, and appeals and other matters connected with such jurisdiction, criminal cases, and all laws hereafter passed relating thereto, shall, as to crimes and offenses committed within the limits of said city, be applicable to said Recorder and the jurisdiction and practice of and in his Court, substituting in said law the word Recorder for the word Justice. The Recorder shall also have jurisdiction over all breaches and violations of city ordinances and non-compliance therewith; to fine and imprison persons adjudged guilty of such violations or non-compliance with said ordinances, or violations of the laws of the State, in the manner provided by law or the ordinances of the city. Such imprisonment shall be in the City Prison, or the County Jail of Sonoma County. Appeals to the County Court may be taken from judgments in prosecutions for breaches and violations of, or non-compliance with said city ordinances, as in other criminal prosecutions, and the like proceedings had therein. He shall have power to administer oaths and affirmations, take and certify affidavits and depositions to be used in any Court or proceeding in this State, and to certify the same. He shall have power to take and certify the acknowledgments of all persons to deeds, mortgages, and all other instruments of writing required by law to be acknowledged. None of the powers herein granted shall be taken from the Recorder by any general law, unless he is expressly mentioned and included therein. He shall have a seal, on which shall be engraved the arms of the State and the words "Recorder of the City of Santa Rosa." He shall affix said seal to all acknowledgments and certificates made by him. All process issued by him shall be executed by the City Marshal or his deputy, or by any Constable of the Township of Santa Rosa, or by the Sheriff of Sonoma County or any of his deputies. The Recorder shall keep a docket and a record of his proceedings, in the same manner and form as is required of Justices of the Peace. For all oaths, affirmations, affidavits, depositions, acknowledgments, and certificates taken or made by him, the Recorder shall receive the same fees as a Notary Public. In all criminal proceedings, not for breach, violation of, or non-compliance with a city ordinance, he shall be entitled to the same fees as Justices of the Peace, and collected in the same manner. In proceedings for a breach or violation of any city ordinance, he shall receive such fees, or such salary as the Common Council may determine by ordinance. All fines and penalties imposed and collected in criminal proceedings shall be paid into the city treasury. Such payments shall be made at the end of every quarter of the fiscal year of said city. The Recorder shall keep a full and clear statement and account of all moneys received and paid, and shall, at the end of each quarter, file with the City Clerk a statement showing, item by item, the receipts and expenditures of such quarter, so far as the said city is concerned. All fines, penalties and forfeitures shall be first paid to the Recorder and by him paid into the city treasury, except he may retain and pay out the fees of the City Attorney and

Fees and

salary.

Marshal, should any be allowed, and retain any that may be due him as fees. The Recorder shall have the same power and jurisdiction to hear, try, and determine suits for the collection of delinquent taxes of the city that a Justice of the Peace now has in the collection of delinquent State and county taxes, and shall use the same process, collect and receive the same fees, and proceed in all things in the same manner. And all laws now applicable to said Justices, and all amendments which may hereafter be made in the collection of taxes, shall be applicable to said Recorder. In case of the absence of the Recorder from the city, or of his inability to act in any case, any Justice of the Peace of Santa Rosa Township shall have the same authority and power to act as the Recorder.

duties and compensa

SEC. 16. The department of the police of said city shall City Marshal, be under the direction and control of the City Marshal, and for the suppression of any riot, public tumult, disturbance tion of of the peace, resistance or violation of the laws of the State or public authorities, in the lawful exercise of their functions, he shall have the powers that are now or may be hereafter be conferred upon Sheriffs by the laws of the State, and shall be entitled to the same protection, and his lawful orders shall be promptly executed by deputies, police officers, and watchmen in said city, and every citizen shall also lend him aid, when required, for the arrest of offenders and maintenance of public order and protection. He shall execute and return all process issued and directed to him by any legal authority, and shall have authority to arrest on view persons violating any law of the State or ordinance of the city; and it shall be his duty to bring before the Recorder any person violating or non-complying with any law or ordinance of the city which shall come to his knowledge, and take bonds or deposit for such appearance. He shall collect all taxes levied by the Common Council, except as is herein further provided. He shall, at the expiration of any month, pay to the city treasury of all taxes and other funds of said city collected by him during said month, deducting therefrom his fees for collecting the same. But the Common Council may, in lieu of fees or commission, provide for the payment of a salary, which shall be in lieu of any other compensation. Upon payment of the money, he shall file with the Treasurer an affidavit stating that the money so paid is all the taxes or funds that he has collected or received during the preceding month. He shall, upon receipt of any tax list, give his receipt for the same to the City Clerk, and shall, upon depositing with the City Clerk the delinquent tax list, take his receipt therefor. He shall receive from the Clerk all city licenses and collect the same. He shall have charge of the City Prison and prisoners, and of any chain-gang or prisoners at work under any judgment or fine imposed by the City Recorder. He shall, for service of any process, receive the same fees as Constable of Santa Rosa Township. He may appoint, subject to the approval of the Common Council, one or more deputies, who shall have the same power and authority as himself, and for whose acts he and his bondsmen