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R D I N A N C E S
O F
1 V I O A B , U T A H .
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u b l i s h e d b y A u t h o r i t y
B o a r d o f T r u s t e e s
o s a t " o w n .
7 o r a P r o o s a n d S W A M o f
M E S K E L T O N P O B L L S I O N O C O M P A N Y .
Y r o v o , U t a h .
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NAMES OF ELECT
FOR MOAB, z
President—H. G. Green.
Trustees—D. A. Johnson, J. P. Larsen, Wm. J. Bliss,
and Jos. L. Taylor.
APPOINTED OFFICERS.
Clerk —Jaynes W. Stark.
Treasurer —Don T. Allison.
Marshal—Robt. F. Roberson.
.Attorney —Louis J. HI
Supervisor of Streets
Sexton —John J. Rob
Poundkeeper—Robt.
Surveyor —Wm. J. Nix.
Members of Board of Health—H. G. Green,
Dr. J. W. Williams, and Robt. J. Thomson.
BOUNDARIES OF MOAB.
Beginning at the South West Corner of Section z
Tp. 26 South Range 21 East, Salt Lake Meridian.
Running East xi miles, thence North z mile, thence
West mile, thence North if mile, thence West z
mile, thence South xi miles to place of beginning.
s
HISTORICAL.
Moab Board of Trustees, from its organization in
December, A. D. 1902, to the first Monday in January,
A. D. zgo4i inclusive:
z9o3—President, H. G. Green.
Trustees, V. P. Martin, D. A. Johnson,
J. W. Williams, (z ); Henry Grimm and
Neal Ray.
zgo4-5—President, H. G. Green.
Trustees, D. A. Johnson, J. P. Larsen,
Wm. J. Bliss and Jos. L. Taylor.
J
(z) Neal Ray, appointed, vice J. W. Williams, re
tit
TABLE OF CONTENTS.
REVISED ORDINANCES OF THE TOWN OF MOAB.
Section.
Chapter I. General Provisions 1
Chapter II. Corporate Seal 14
Chapter III. The Initial Point 15
Chapter IV. Elections and Officers. 18
Chapter V. Removal of Officers 25
Chapter VI. Vacancies 28
Chapter VII. President 33
Chapter VIII. Board of Trustees. 38
Chapter IX. Town Clerk 51
Chapter X. Town Treasurer 67
Chapter XI. Town Marshal 78
Chapter XII. Town Attorney 87
Chapter XIII. Supervisor of Streets. Poll Tax.... 91
Chapter XIV. Pound and Poundkeeper 104
Chapter XV. Cemetery and Sexton 113
Chapter XVI. Surveyor 118
Chapter XVII. Board of Health 122
'Chapter XVIII. Nuisances 154
Chapter XIX. Licenses 166
Chapter XX. Taxation 200
Chapter XXI. Dogs 204
Chapter XXII. Food and Drink 211
Chapter XXIII. Curfew 217
Chapter XXIV. Misdemeanors 222
Chapter XXV. Salaries and Fees. 248
Chapter XXVI. Claims and Warrants 256
'Chapter XXVII. Telephone Franchise, Etc
jChapter XXVIII. Resolutions, Etc„ perpetuated 261
,� .
Rift .R
THE REVISED ORDINANCES
OF
MOAB, UTAH.
AN ORDINANCE •REVISING AND ARRANGING THE OR-
DINANCES OF MOAB, UTAH.
Be it ordained by the Board of Trustees of Moab, Utah.
CHAPTER I.
GENERAL PROVISIONS.
Section I. Revised Ordinances take effect, when.
—This revision of the ordinances of Moab, Utah,
shall be known as the Revised Ordinances, and
may be so cited or referred to, adding, when
necessary, chapter or section, and shall take effect
on the 1st day of April, A. D., 1904.
Sec.2. All prior ordinances repealed, excep-
tions. --All ordinances and resolutions here
ofom
passed by the Board of Trustees of Moab, Utah,
except as provided for in the next section, are
hereby repealed.
r
h
RMVISMD ORDINANCM S
Sec.3. (Id.) —'Phis repeal of existing• ordi-
nances shall not effect any aet clone, any right ac-
cruing or which has accrued or been established,
nor any suit or proceedings had or commenced at
the time this repeal takes effect, but the proceed-
ings in such cases shall be conformed to the provi-
sions of the Revised Ordinances as far as consist-
ent.
Sec. 4. tId. > Offenses, etc., not affected un-
less mitigated. —No offense committed, and no pen-
alty or forfeiture incurred under any ordinance
hereby repealed and before this repeal takes effect,
shall be affected by this repeal, except that when
a punishment, penalty or forfeiture is mitigated by
the provisions herein contained, such provisions
shall be applied to a judgment to be pronounced
after this repeal.
Sec. 5. Words and phrases, how construed. —
Words and phrases used in these revised ordinan-
ces are to be construed according to the context
and the approved usage of the language, but tech-
nical words and phrases, and such others as have
acquired a peculiar and appropriate meaning in
law, are to be construed according to such pecu-
liar and appropriate meaning.
Sec. 6. Rules for construction of ordinances. —In
the construction of these ordinances the following
rules shall be observed, unless such construction
would be repugnant to the context of the ordi-
nance.
1. The word "month" means a colander
month unless otherwise expressed.
2. The word "writing;" includes printing,
writing and typewriting.
3. The word "person" includes bodies politic
and corporate, partnerships, associations and cotn-
papies.
4. The singular number includes the plural,
and the plural the singular.
. Words in the masculine gender compre-
hend, as well, the feminine and neuter.
6. Words in the present tense include the fu-
ture.
7. The words "clerk", • • treasurer", or other
words used to denote a ministerial or executive of-
ficer, may include any deputy or person performing
the duties of such officer, either generally or in
special cases.
Sec. 7. Street, includes what. —The words
"street" and "streets," when used in these ordi-
nances, shall be construed as including alleys,
lanes, courts, public squares, and public places and
sidewalks, unless such construction would be in-
consistent with the manifest intent of the ordi-
nances.
Sec. 8. Repeal not to affect tenure of office, etc. —
These ordinances shall not affect the tenure of of-
fice or any person holding office at the time they
take effect, unless such office is hereby abolished,
nor shall the repeal of any ordinance hereby have
the effect of reviving any ordinance heretofore re-
pealed or superseded.
Sec..). Accounting monthly. It shall be the
duty of all officers and agents of the town to keep
a true and correct account of all funds collected or
10 REVISED ORDINANCES
received by them for the town, and pay the same
into the town treasury on or before the last day of
each month.
Sec, io. Annual Reports. —All officers of the
town shall, on or before the first Monday of De-
cember in each year, except the town clerk, who
shall report on or before the fourth Monday of De-
cember, make an annual report in writing and file
the same in the office of the town clerk, which re-
ports, for each department, shall show.
First, the moneys received and disbursed, if
any, during the year last passed; second, the labor
performed or business done by said department
during the preceeding year and the general condi-
tion of such department at the close thereof; third,
such recommendations or suggestions as may be
deemed of service and benefit for the welfare of
the town.
Such report shall comprise in a consolidated
form, and for the whole year, the substance of the
quarterly or other reports required by law or by
ordinance.
The president, on or before the tl irty-first
day of December in each year, shall snake to the
Board of Trustees an annual report, giving a gen-
eral summary of the town's business and condition,
and recommend to their consideration such meas-
ures for the general welfare of the town as he
shall deem necessary and advisable; said report
shall be in writing and remain on file in the office
of the town clerk.
Sec. nr. Officers, when appointed. The presi-
dent, by and with the consent and advice , of the.
MOAB 'TOWN 11
board of trustees, shall, within thirV days after
the taking effect of these ordinances, oppoint the
necessary officers to fill the respective offices here-
in created, the said officers shall qualify and hold
office in the same manner and for the same length
of time as the other appointive officers of the town.
Sec. 12. Officers to complete business to end of
term. It shall be the duty of all officers of this
town to complete the business of their respective
offices to the time of the expiration of their respec-
tive terms; and, in case an officer at the close of
his term shall leave to his successor official labor
to be performed for which he has received com-
pensation, for which it was his duty to perform,
he shall be liable to pay his successor the full value
of such service, which may be recovered in any
court of competent jurisdiction.
Sec, 13. Enacting Clause. The enacting clause
of all ordinances of this town which may hereafter
be passed shall be as follows: "Be it ordained by
the board of trustees of Moab, Utah," and no en-
acting clause shall be used in any section except
the first.
CHAPTER II.
Sec. 14. Corporate Seal. The official and cor-
porate seal of this town shall be one and seven -
tenths inches in diameter and of the following de-
vice: Horizontally through the center the word
"SEAL", encircling. the word seal and near the
outer edge of the seal, commencing at the left
hand portion, the words "Town of Moab" "State
of Utah."
i
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12 REVISED ORDINANCES
CHAPTER III.
THE INITIAL POINT.
Sec. 15. The Initial Point. The base or initial
point of all official surveys to be hereafter made
within the town, is the southwest corner of block
17 as platted in the official plat of said town.
Sec. x6. Names of streets. The streets of
Moab shall'be and the same are hereby named and
designated as follows, to -wit:
The street running north and south and im-
mediately west of the initial point of all surveys
as described in section 15, shall be known as Main
Street, and each street east of and running par-
allel to said Main Street, is hereby named and des-
ignated by the ordinal number of its location east
of said Main Street and adding the word "Fast"
to each number, etc., as —First East, Second East,
etc. ; each street west of and running parallel to
said Main Street is hereby named and designated
by the ordinal number of its location west of said
Main Street and adding the word "West' to each
number, as —First West, Second West, etc. The
street running east and west and immediately
south of said initial point shall be known as First
South Street, and each street south of and runn-
ing parallel to said First South Street is hereby*
named and designated by the ordinal number of
its location south of said initial point and adding
the word "South" to each number, as —Second
South, Third South, etc.; and each street north of
and parallel to said I+'irst South Street is hereby
named and designated by the ordinal of its loca-
.
moiku TowN 13
tion north of said First South Street and adding
the word "North" to each number, as —First
North, Second North, etc.
Sec. r7. Shade trees. All shade trees which
may hereafter be set upon any of the streets or
sidewalks of this town shall be set 12 feet from
the line of the town lots.
CHAPTER IV.
ELECTION AND OFFICERS.
Sec, 18. Elective officers terms. A municipal
election shall be held in this town on the Tuesday
following the first Monday in November, nineteen
hundred a,nd five, and biennually thereafter, for
the following officers, viz. A president and four
trustees; and the officers then elected shall qualify
and enter upon their duties at twelve o'clock meri-
dian on the first Monday in January next succeed-
ing their election, and continue in office for . two
years and until their successors are elected and
qualified. The term of office of all elective officers
of this town shall expire at 12 o'clock meridian on
the first Monday in January, A. D. 190ti.
Sec. rg. Elections, how held. All general and
•
special elections within this town shall be held and
conducted, and returns thereof made as is now of
may hereafter be provided by law.
Sec. so. Appointive officers. The president, by
and with the advice and consent of the board of
trustees, shall, on the first Monday in February
next succeeding their election, and biennually
;,t
1
14 REVISED ORDINANCES
thereafter, appoint a town clerk, a treasurer, a .
town marshal, a town attorney, a supervisor of
streets, a poundkeeper, a surveyor, a sexton, and
two members of the board of health.
Sec. 21. (Id.) Terms. Except as may other-
wise be provided, the term of offi :e of all appoint-
ive officers shall be until the municipal election
next following their appointment, and until their
successors are duly appointed and qualified; pro-
vided, however, that nothing contained in this or
the preceeding section shall be construed as affect-
ing the terms of office of the present appointive
officers of this town.
Sec, as. Oath, Bond. All officers of this town,
whether elected or appointed, shall, before enter-
ing upon the duties of their respective offices, take
and subscribe the constitutional oath of office, and
every such officer shall, before entering upon the
duties of his office, execute a bond with good and •
sufficient sureties, to be approved by the presi-
dent, payable to the town, conditioned for the
faithful performance of the duties of his office and
the payment of all moneys received by such officer
according to law and the ordinances of this town,
provided, that the bond of the president shall be
approved by the board of trustees, provided fur-
ther, that the treasurer's bond shall be fixed at
a sum not less than the amount of the whole tax
for the current year.
Sec. 23. Amount of Bond. —The amount for
which the respective officers shall give bond as
stated in section 22, shall be as follows, to -wit:
President • $ 100.00
MOAB TOWN
15
t
Trustees, each 100.00
Clerk. 500•00 .1( , `'
Treasurer, not less than the whole amount
of taxes for the current year
Marshall
Attorney
I Supervisor of Streets
Poundkeeper ..
( Surveyor
Sexton
( Members of the Board of Health, except
the President
1200.00
500.00
500.00
400.00
250.00
250.00
500.00)
100.00 )/
Sec. 24. Bonds, where Sled. All bonds given
by the officers of this town shall be filed in
. the office of the town clerk, except the bond of the
- clerk, which shall be filed with the town treasurer.
CHAPTER V.
REMOVAL OF OFFICERS.
Sec. 25. Removal of Elective Officere.—All elec-
tive officers of this town may be removed from of-
fice upon the concurrence of three -fourths of all
the members of the board of trustees.
Sec. 26. Id. Appointive Officers. --Any ap-
pointive officer of this tc,wn may be removed from
office at any time by the president, with the con-
currence of a majority of the board of trustees, or
by the board of trustees with the concurrence of
the president.
REVISED ORDINANCES
Sec. try. Id. Procedure. —No officer of this
town shall be removed from office except for cause,
nor until furnished with a copy of the charges
against him, and afforded an opportnnity of being
heard in his own defense, and the board of trus-
tees shall have power to compell the attendance of
witnesses and the production of papers when neces-
sary for the purpose of such hearing, and shall
proceed within ten days to hear and determine the
case, unless the person charged shall consent that
such hearing may be had at a later date, and if
such officer shall neglect to appear and answer
such charges the board of trustees may declare his
office vacant.
CHAPTER VI.
VACANCIES.
Sec. 28. Vacancies. President. If the presi-
dent, at.any time during his term of office, shall
remove from the limits of the town, his office shall
thereby become vacant.
Sec. 29. Id. Elective Officers. If any person
elected to any office in this town shall fail to qual-
ify as required by law and the ordinances of this
town, on or before the first Monday in January
next succeeding his election, the board of trustees
shall declare his office vacant and shall proceed to
fill the same by appointment.
Sec. 3o. Id. Appointive Officers. If any per-
son appointed to any office in this town shall for
MOAB TOWN 17
a period of five days after receiving notice of his
appointment, fail to qualify as provided by law and
the ordinances of this town, he shall be deemed to
have refused such appointment and another ap-
pointment shall immediately be made.
Sec. 3r. Id. Officer absenting himself from town.
—If any officer shall absent himself from the town
for a period of more than thirty clays without the
consent of the board of trustees, his office shall
thereby become vacant.
Sec. 32. Id. How filled. —Vacancies occurring
from any cause whatever in any office of this town,
shall be filled for the unexpired term by appoint-
ment.
i
CHAPTER VII.
President.
Sec. 33. Chief executive of the town. —The
president shall be the chief executive of the town
and shall preside at all meetings of the board of
trustees, but shall not vote except in case of a tie,
when he shall give the casting vote; he shall from
time to time give to the board of trustees such in-
formation, and shall recommend such measures as
he may deem advantageous to the town.
Sec. 34. President pro tem.—During the tempo-
rary absence or disability of the president, the
board of trustees shall elect one of their number to
act as president pro tem, who, during such absence
or disability Shall possess the power of president.
"
1 8 R E V I S E D " O R D I N A N C E S
S e c . 3 5 . S h a l l s i g n o r d i n a n c e l , e t c . T h e p r e s i -
d e n t s h a l l s i g n a l l o r d i n a n c e s o f t h i s t o w n a n d a l l
l i c e n s e s , e x c e p t l i q u o r l i c e n s e s , a n d , w h e n d i r e c t e d
a n d a u t h o r i z e d s o t o d o b y t h e b o a r d o f t r u s t e e s ,
h e s h a l l s i g n h i s n a m e o f f i c i a l l y f o r a n d i n b e h a l f
o f t h e t o w n o f M o a b , t o a l l d e e d s , b o n d s , b i l l s ,
n o t e s , o b l i g a t i o n s , c o n t r a c t s a n d a g r e e m e n t s , a n d
s h a l l s e a l a n d d e l i v e r t h e s a m e a s t h e a c t a n d d e e d
o f s a i d t o w n o f M o a b w h e n i t i s a p a r t y a n d s u c h
s i g n a t u r e i s n e c e s s a r y .
S e c . 3 6 . M a y e x a m i n e B o o k s . T h e p r e s i d e n t
s h a l l h a v e p o w e r a t a l l t i m e s t o e x a m i n e a n d i n -
s p e c t t h e b o o k s , r e c o r d s a n d p a p e r s o f a n y o f f i c e r
o r a g e n t e m p l o y e d b y t h e t o w n .
S e c . 3 7 . D u t i e s . T h e p r e s i d e n t s h a l l p e r f o r m
a l l d u t i e s w h i e l i a r e o r m a y b e . p r e s c r i b e d b y l a w
o r b y o r d i n a n c e , a n d s h a l l s e e t h a t t h e l a w s a n d
o r d i n a n c e s o f t h i s t o w n a r e f a i t h f u l l y e x e c u t e d .
C H A P T E R V I I I .
B O A R D O F T R U S T E E S .
S e c . 3 8 . T i m e o f m e e t i n g , e t c . - - T h e s t a t e d
m e e t i n g s o f t h e b a r d o f t r u s t e e s s h a l l b e h e l d a t
t h e t e w i r z e i l o n t h e f i r s t M o n d a y o f e a c h m o n t h ;
p r o v i d e d , t h a t w h e n a n y g e n e r a l h o l i d a y o c c u r s o n
s a i d f i r s t 1 9 : 0 u d a y , t h e m e e t i n g s h a l l b e h e l d o n
t h e n e x t s u c c e e d i n g c l a y .
A l l m e e t i n g s m a y b e a d j o u r n e d f r o m t i m e t o
t i m e a s b u s i n e s s m a y r e q u i r e .
M O A B ' T O W N 1 9
"
S e c . 4 z . S p e c i a l M e e t i n g s : T h e p i n t o r
a n y t w o m e m b e r o f t h e b m a y
' c a l l a s p e c i a l m e e t i n g o f t h e b e u r t l - t i t b s e s b y
g i v i n g a n o t i c e t h e r e o f t o e a c h o f t h e m e m b e r s o f
t h e t r u s t e s C h s e r v e d p e r s o n a l l y , o r l e f t a t h i s u s u a l
p a c e o f a b o d e .
S e c . 4 2 . V o t i n g , E t c . T h e t r u s t e e s s h a l l s i t
w i t h o p e n d o o r s a n d s h a l l k e e p a j o u r n a l o f i t s
. o w n p r o c e e d i n g s . T h e y e a s a n d n a y s s h a l l b e
t a k e n u p o n t h e p a s s a g e o f a l l o r d i n a n c e s a n d a l l
p r o p o s i t i o n s t o c r e a t e a n y l i a b i l i t y a g a i n s t t h e
t % ' a u d a l l o t h e r e a s e s a t t h e r e q u e s t o f a n y
" T h e h o u r o f m e e t i n g s h a l l b e e i g h t o ' c l o c k p .
m . f r o m - A - p r i l f i r s t u n t i l O e t o b e z - - t r s t - a n d - - s e i g i
o ' c l o c k P _ . f r o m O c t o b e r f i r s t u n t i l A p r i l f i r s t :
\ . 1 S e c . 3 9 . Q u o r u m . A m a j o r i t y o f t h e b o a r d - c f f
. t u t e e s s h a l l c o n s t i t u t e a q u o r u m t o t r a n s a c t
b u s i n e s s , b u t a s m a l l e r n u m b e r m a y a d j o u r n f r o m
t i m e t o t i m e a n d m a y , w h e n n e c e s s a r y , c o m p e l t h e
a t t e n d a n c e o f a b s e n t m e m b e r s a n d d i r e c t t h e t a i n t
m a r s h a l l t o e n f o r c e t h e a t t e n d a n c e o f s u c h m e m -
` h e r s .
\ ` S e c . 4 o . R e f u s i n g t o a t t e n d . A n y m e m b e r o f
t h e b e a r d - o f - t r u s t e e s w h o s h a l l , w i t h o u t j u s t c a u s e
t h e r e f o r , r e f u s e o r n e g l e c t t o a t t e n d a n y m e e t i n g
o f t h e b o a r d o f t r u g t e e s , w h e n n o t i f i e d b y t h e m a r -
s h a l t h a t h i s a t t e n d a n c e i s r e q u i r e d " t o f o r m a
q u o r u m , o r s h o u l d a n y m e m b e r l e a v e t h e t r u s t e e s -
w h e n i n s e s s i o n w i t h o u t t h e c o n s e n t o f t h e ' t t l u s - -
- # o e a , w h e n s u c h l e a v i n g w o u l d b r e a k t h e q u o r u m ,
s h a l l b e f i n e d i n a n y s u m n o t e x c e e d i n g f i f t y d o l -
l a r s b y t h e p r p c , a n d s h a l l b e l i a b l e o n h i s o f -
c i a l b o n d 1 h e r e f o r .
"
20 REVISED ORDINANCES
member, which shall be entered upon the journal
of its proceedings. The concurrence of n majority
of the members elected as , uees shall be
necessary to the passage of any such ordinance or
proposition'.
Sec.43. Reconsideration of vote. —No vote of
the beard -of trustees shall be reconsidered or re-
cinded at a specialin eting, unless at such special
meeting there be present as large a number of
ATOWs as were present when such vote was
taken.
Sec. 44. Deferring action on reports. —Any re-
port of a committe of the trustessahall be deferred
for final action thereon to the next regular meet-
ing of the trustees after the report is made, by re-
quest of any two members of the trustees.._
�. Sec. 45. Unlawful contracts void. —All con-
tracts, authorizations, allowances, payments, and
liabilities to pay, made or attempted to be made in
violation of the ordinances of this '.tztftg2., shall be
absolutely void and shall never be the foundation
or batsis of a claim against the treasury of the
-towzr. The president and all officers of the bum.
are charged with notice of the condition of the
treasury and the extent of the claims against the
\ime.
Sec. 46. Neglect of duty. —Any -stss or
other officer of this�vho refuses or neglects
to perform any duty imposed upon him, without
just cause therefor, or who wilfully violates any
law, rule or ordinance provided for his government
as such officer, or who, as a trurtee of his town,
wilfully, fraudently, or corruptly attempt, >3 to per-i
MOAB TOWN 21
form ahy act unauthorized by law or by ordinance,
shall forfeit to the town fifty dollars for every such
act, to be recovered on his official bona, and shall
be further liable to removal from office.
N' Sec. 47. Not to advocate claims of others. No
trustee —shall, except for his own service, present
any account, claim or demand for allowance against
the ttiwrr,- nor in any way advocate the relief
asked in the claim or demand of any other. Any
person may appear before the trugt-6-01 and oppose
.the allowance of any claim or demand made against
he t. wn.
Sec. 48. Not to be interested in contracts. —No
e, or other officer of this tow*, shall be di-
ectly or indirectly interested in any contract,
1 ork usiness of the town-ror in the sale of any
atj.c:le, he expense, price, or consideration of
which is aid from the treasury, or by any asses-
' ment levie any act or ordinance nor in the pur-
chase pricey o�any real estate or any other prop-
erty belonging• to the corporation or which shall
be held for taxes or assessments or by virtue of
any legal process, at the suit of t is town,- 1Witi-
\ dent, or other officer of the
Sec. 49. Bribery. Penalty.-- • ny trtartge or
other officer of this town who shall by himself or
agent become a party to or in any way interested
in any contract work or letting, under authority of
the balm, or who shall either directly or indirectly
by himself or another accept or receive any valu-
able consideration or promise for his influence or
vote, shall be fined in any sum not exceeding one
thousand dollarm, one-half of which shall go to the
informer and the balance be paid into the tevra-
22 REVISED ORDINANCES
treasury by the officer collecting or receiving the
same, and the said contract shall be null and void.
Sec. 50. Not to hold created office. —No member
of the board-of-twuatees shall hold or be appointed
to any office which shall have been created, or the
emoluments of which shall have been increased
while he was a member, during the term for which
he was elected and for one year after the expiration
of such term.
. CHAPTER I%.
TOWN CLERK.
Sec. 5r. Office, where. Keep records. The
town clerk shall keep his office at the place of
'meeting of the board of trustees, or some other
place convenient thereto as the trustees may di-
rect. He shall keep the corporate seal and all
papers and records of the town; he shall keep a
record of the proceedings of the board of trustees,
whose meetings it shall be his duty to attend.
Sec. 52. May appoint a deputy. The clerk by
and with the consent of the board of trustees, may
appoint a deputy who, under the directions of the
clerk or in his absence, may perform all the acts
or duties pertaining to the office of clerk. The
town clerk shall be responsible for the acts
of his deputy.
Sec. 53. Keep plats, etc. The clerk will keep
plats of all official surveys within the town, and
shall deliver to his successor in office the corporate
seal, together with all the records and proceedings
MOAB 'TOWN 23
of the board of trustees, and all other books and
other property in his possession, belonging to the
town.
Sec. 54. Record ordinances, etc. The clerk
shall record all ordinances passed by the board of
trustees in a book kept for that purpose, together
with the affidavits of publication by the publisher
or his agent, if such ordinance was published, or,
if posted, with the certificate of due posting there-
of. He shall also keep in a book provided for
that purpose the names of all persons elected or
appointed to any office within the town, together
with the dates on which they enter upon the duties
of their respective offices and the date of their .
resignation or removal therefrom.
' Sec. 55. Id. Publish. The clerk shall cause
all ordinances passed by the board of trustees,
immediately upon the passage of the same, to be
published in some newspaper printed in the town,
or certified copies thereof to be posted in three
public places within the town.
Sec. 56. Countersign Contracts. —The clerk
shall countersign all contracts made in behalf of
the town and every contract made in behalf of the
town shall be void unless signed by the clerk.
Sec. 57. Duties in relation to finance. —The town
clerk shall draw and countersign all orders or war-
rants upon the town treasury in pursuance of any
order or resolution of the board of trustees, and
keep a full and accurate account thereof in books
provided for that purpose, and he shall wake to
the board of trustees from time to time, upon the
order of the trustees, reports of the financial con-
dition of the town.
24 • REVISED ORDINANCES
Sec. 58. Id. Bonds. —The clerk shall make
and keep a list of outstanding bonds, to whom
issued, fur what purpose, when and where paya-
ble, the rate of interest they respectively bear,
and he shall recommend such action to the board
of trustees as shall secure the payment of the
principal and interest of such bonds.
Sec. 59. Report annually. —The clerk shall re-
port annually, on or before the first day of June to
the board of trustees, an estimate of the expenses
of the town and of the revenue necessary to be
raised for the current year.
Sec. 6o. Id. Accounts.— The clerk shall keep
regular books of account in which he shall enter
all the indebtedness of the town, and which shall
at all tunes show the financial condition of the
town, the amount of bonds, orders, certificates, or
other evidences of indebtedness issued by the
iboard of trustees, the amount of all bonds, orders,
certificates, or other evidences of indebtedness
which have been redeemed, and the amount of
each 'outstanding.
Sec. 61. Id. —He shall keep accounts with all
receiving and disbursing officers of the town,
showing the amount they have received from the
different sources of revenue and the amount which
they have disbursed under the directions of the
board of trustees; he shall examine all reports,
books, papers, vouchers, and accou:ts of the town
treasurer; he shall audit all claims and demands
against the town before they are allowed by the
board of trustees, and he shall keep a record of
claims presented and the action of the trustees
thereon.
MOAB TOWN 25
Sec. 62. Id. Contracts. —The clerk shall keep
a book properly indexed in which he shall enter all
contracts, which book shall be open to the inspec-
tion of all persons interested.
Sec. 63. Certification of warrants. --The town
clerk shall endorse a certificate upon every town
warrant, bond, or other evidence of debt, issued
pursuant to law, that the same is within the debt
limit of the town, and is issued according to law
and the ordinances of the town. He shall sign
such certificate in his official name.
Sec. 64. Certify claims to treasurer. —The clerk
shall, immediately aftereach meeting of the board
of trustees, prepare and certify a list of all claims
passed upon by the board, giving the names of the
claimant or payee named in each order or claim,
the amount and date of each claim or order and
the date of the allowance n. rejection thereof,
which list he shall thereafter deliver to and leave
with the town treasurer.
Sec. 65. Financial Statement. —The clerk shall
prepare, on or before the first Monday in Febru-
ary of each year, a detailed statement of the fin-
ancial condition of the town, including all receipts
and disbursements, debts due or owing by the
town, the names of the parties to or from whom
such debts are due, •and on what account such
debts were contracted, the source from which all
receipts were received and upon what accounts
such expenditures were made, which statement he
shall keep posted in his office and a copy of which
statement he shall file in his office.
Sec. 66. Penalty. —If the clerk shall refuse or
26 13.I!!VISED OI MNANCES
neglect to indorse any certificate required by law
or the ordinances of this town, or if he shall make
any such certificate falsely or fraudulently, he shall
be deemed guilty of a misdemeanor and .punish-
able by a fine in any sum not exceeding one hun-
dred dollars.
Chapter X.
TOWN TREASURER.
Sec. 67. Office, where. —The town treasurer
shall keep his office at such place as the board of
trustees may from time to time direct.
Sec. 68. May appoint deputy. —The town treas-
urer may, by and with the advice and consent of
the board of trustees, appoint a deputy who, under
the direction of the treasurer or in his absence,
may perform all the acts or duties pertaining to
the office of treasurer. The treasurer shall be re-
sponsible for the official acts of his deputy.
Sec. 69. Receive moneys, etc. —The treasurer.
shall receive all moneys belonging to the town,
whether the same shall be raised by taxation or.
otherwise, and shall give receipts therefor, speci-
fying the date of payment, the amount, and upon
what account paid, he shall give to the county
treasurer duplicate receipts for all taxes, moneys,
or proceeds arising from the sale of property for
he shall receive from such county treasurer, and
he shall keep in suitable books a separate account
of each fund, whether from taxation, licenses,
fines, or otherwise; he shall also collect and re-
MOA13 TOWN 27
ceipt for all special taxes and assessments and
keep a separate account thereof.
delinquent taxes or from any other source, which
Sec. 7o. Settle with clerk. —The treasurer shall
make a settlement with the clerk at the end of
every month, and turn over all warrants, interest
coupons, bonds, or other evidences of indebtedness
of the town, which may have been redeemed by
him during the month, taking the receipts of the
clerk therefor, and all such warrants, orders, or
other evidences of indebtedness shall be cancelled
by him and have written or stamped thereon the
date of their payment or redemption.
Sec. 7z. Payments. The treasurer shall pay
no money out save upon lawful warrant, ex-
cept bonds and interest coupons, or in case the
same are payable at some othpi. place, then the
money for their redemption shall be sent to the
place where they are payable in time to meet such
payment when due.
Sec, 72. Warrants to be paid in order. Registered.
The treasurer shall pay all warrants in the order
in which they are presented, and he shall note
upon the back of each warrant presented to him
the date of such presentation, and when payment
is made the date of such payment; provided, that
when a warrant is presented to the treasurer for
payment, and the same is not paid for want of
funds, the treasurer must indorse thereon
"Not paid for want of funds," and annex the date
of presentation and sign his name thereto, and
from that time until funds are on hand to pay the
same such warrant shall bear interest at the rate
28 REVISED ORDINANCES
of five per cent. per annum; provided, further, that
any warrant shall be paid by the treasurer in case
a sufficient `amount of money shall remain in the
treasury to pay all warrants issued previous to
such warrant.
Sec. 73. Receipts. The treasurer shall give
every person paying money into the town treasury
a receipt therefor, specifying the date of payment
and upon what account paid; and he shall also file
the duplicate of such receipt with the clerk at the
date of his monthly report.
Sec. 74. Special funds, etc. The treasurer
shall keep all money belonging to the town sep-
erate and distinct from his own money. All money
on any special assessment shall be held by the
treasurer as a special fund to be applied to the
improvement for which the assessment is made,
and said money shall be used for no other purpose
whatever.
Sec. 75. Reports. The treasurer shall report
to the board of trustees on the first Monday in
March, June, September and December of each
year, a full and detailed account of all receipts and
expenditures since his last report and the state of
treasury.
Sec 76. Registry of warrants. --The treasurer
shall keep a registry of all warrants redeemed
and paid during the year, describing such war-
rants, their date, amount, number, the fund from
which paid, and the person to whom paid, specify-
ing also the time of payment. All such warrants
shall be examined by the board of trustees at the
time the treasurer makes his report.
1
MOAB TOWN 29
Sec.77. Malconduct. Penalty. --If the treas-
urer shall, at any time, wilfully omit the perform-
ance of any duty, or wilfully and corruptly be
guilty of any malconduct or misfeasance in office,
he shall be liable to a tine therefor in any sum not
exceeding one hundred dollars and to expulsion
from office.
CHAPTER %I.
•
TOWN MARSHAL.
Sec. 78. Creation of office. --There is hereby
created within the town of Moab, the office of
town marshal whose appointment, duties, qualifi-
cations and term of office shall be as in these or-
dinances provided.
Sec. qg. May appoint deputy. —The town mar-
shal may, by and with the consent of the president,
appoint such a number of deputies and special
policemen as may be required, and the persons so
appointed shall be under the direction and control
of the town marshal.
Sec. 80. Powers and duties. —The marshal, by
himself or deputy, shall attend all regular aird
special meetings of the board of trustees; he shall
have charge of the rooms in which the trustees
meet and see that the same is lighted and warined
when necessary; Ile shall act as doorkeeper or
sergeant -at -arms for the board of trustees and shall
execute all orders of the president or trustees; he
shall preserve the peace and good order of the
town, quell all riots, arrest and bring all disorderly
30 I{EVISLD OIiDINANOES
persons before the justice of the peace for trial,
and shall take from the person so arrested all of-
fensive weapons which he may have about his
person and deliver the same to the justice of the
peace. He shall take such measures as shall se-
cure the peace and good order of all public
meetings.
Sec. 81. Id. Arrests. —The marshal and those
acting under his directions, shall have power and
authority without process to arrest and take into
custody any person who shall commit in the pres-
ence of such officer, or within his view, any breach
of the peace or any offense directly prohibited by
the laws of this State or the ordinances of this
town.
Sec. 82. Require aid of citizens, etc. —The mar-
shal, in the execution of his official business, with
or without warrant, in arresting any person ae-
cu -.ed or suspected of a crime, or in the suppres-
sion of any riot or unlawful assembly, or in pre-
venting the violation of any ordinance, shall have
power to require the aid of any citizen or bystand-
er, if necessary, to accomplish the same. He shall
inquire into and report to the president or justice
of the peace, all viol tions of the town ordinances
and criminal laws of the state within the town,
and cause all ordinances passed by the board of
trustees to be enforced. He shall arrest and take
into custody any person who may be found doing
any act in violation of the ordinances of the town
and bring such person before the justice of the
peace to be dealt with according to law. He shall
keep a correct az:count, in a book provided for
that purpose, of all moneys which may by virtu
MOAli TowN :31
of his office come into his hands from whatever
source, stating from whom, and on what account
received, and pay the same into the town treasury.
Sec. 83. Receipt for property taken from person.
When money or other property is taken from
a person arrested upon a charge of public offense,
the officer taking it must at the time give to such
person a receipt therefore, specifying particularly
the amount of money and the kind of property.
taken.
Sec. 84. Keep register. —The marshal shall
provide and cause to be kept a register of arrests.
Upon such register there shall be entered a state-
ment showing. the elate of such arrests, the name
'of fhe person arrested, the name of the officer
making the arrest, the offense charged, and the
description of any property found upon the person
arrested.
Sec. 85. Duties as Jailor. It shall be the duty
of the marshal to take charge of the town jail, to
cause the same to be lighted and warmed when it
shall be necessary* and kept clean and in proper
order. He shall have custody of the inmates
thereof, and shall see to feeding and otherwise
caring for same. He shall furthermore see that
the rules for the l;overmnent of the jail are carried
into effect. He shall keep a book in which shall
be entered the day and hour of receiving a pris-
oner and the clay and hour of his release.
Sec. 86. Nuisance. Reports. The marshal
shall cause to be abated or removed any nuisance
found within the limits of the town, and he shall
make a full and complete report of his official do-
32 REVISED ORDINANCES
ings to the board of trustees on the first Monday
in March, June, September, and December of each
year.
CHAPTER XII.
TOWN ATTORNEY.
Sec. 87. Office created. —There is hereby cre-
ated within the town of Moab, the office of town
attorney whose appointment, duties, qualifications
and term of office shall be as in these ordinances
provided.
Sec. 88. Duties. —The town attorney shall act
as legal adviser of the town in all matters per-
taining to contracts with, or by the town, or any
question arising out of any law, ordinance or
otherwise. He shall prosecute or defend all ac-
tions in behalf of the town, wherein any of the es-
tate, rights, privileges, ordinances, acts, or orders
of the board of trustees may be brought into ques-
tion, before any court, and whenever a criminal
action is appealed to the district court it shall be
the duty of the town attorney to appear and prose-
cute said action in the district court. He may
take appeals, by and with the approval of the
president, and sue out all necessary and proper
writs when the interests of the town require it,
and prosecute or defend the same in the appelate
court, and shall do and perform all other duties
incident to his office that may be necessary for
the interests of the town, or that may be required
of him by ordinance or resolution of the board of
trustees.
MOAB TOWN 33
Sec. 89. Id. Opinion. —He shall give, when
required, and without fee, his opinion in writing to
the officers of the town on matters relating to the
public duties of their respective offices.
Sec, go. To keep dockets, reports. —He shall
keep a docket and enter therein an abstract ac-
count of all suits pertaining; to the town pending
in any court and the judgments rendered therein;
he shall keep a record of all claims placed in his
hands for collection, and all moneys received by
him on account of the town and payments made by
him to the town treasurer. He shall attend any
meeting of the board of trustees when required,
and shall make a full and complete report of his
official doings to the board of trustees on the first
Monday in December of each year, and he shall
report the condition of the business in his hands
as often and at such times as the board of trustees
shall require.
CHAPTER XIII.
SUPERVISOR OF STREETS. POLL TAX.
Sec. gr. Office created. —There is hereby cre-
ated within the town of Moab, the office of super-
visor of streets whose appointment, duties, quali-
fications and term of office shall be as in these or-
dinances provided.
Sec: 92. Duties. —It shall be the duty of the
supervisor of streets to take charge of all the
streets and sidewalks, bridges and Culverts in the
town and superintend all work clone thereon,. Muth
34 REVISED ORDINANCES
public and private, whether done under contract
or otherwise; provided, that he shall at all times
be subject to and act under the directions of the
board of trustees. During the progress of any im-
provement he shall, at least once a month, report
the progress and condition of such imprdvement,
and he shall faithfully observe and report whether
any breach is made in the terms of any contract in
pursuance of which any such work or improve-
ment is in progress. No work clone upon the
streets under any contract shall be paid for in full
until the supervisor of streets shall report the
same to be complete.
Sec. 93. Enforce ordinances, etc. —The super-
visor of streets shall see that all ordinances, reso-
lutions, or orders of the board of trustees relating
to streets are properly enforced and obeyed. He
is hereby authorized and required to take such
measures, nuclei• the direction of the board of trus-
tees, as may be necessary to keep the streets free
from filth and nuisances.
Sec. 94. Encroachments. —If any street is en-
croached upon by a fence or building or otherwise,
the supervisor of streets may, orally or in writing,
require the encroachment to be removed. If such
encroachment is not removed or commenced to be
removed, and the removal not diligently prose-
cuted, within ten days after the service of such
notice, the supervisor shall remove the same at
the expense of the person or persons who caused,
owns or controls such encroachment.
Sec. 95. To take charge of and deliver tools, etc.
--It Thal! be the duty of the supervisor of streets
MOAB TOWN
35
to take charge of all tools or other material or
property belonging to the town and employed in
the working of streets. He shall deliver up to
his successor in office, or to whomsoever the board
of trustees may authorize to receive the name, all
books, papers, vouchers and tools, and all prop-
erty of every kind and description under his con-
trol and belonging to the town, and shall furnish
a list of the same to the town clerk. He shall per-
form such other duties as are or may be prescribed
by law or by ordinance.
POLL TAX.
Sec. 96. Poll tax. What is. Who liable. —Two
days work of eight hours, or, in lieu thereof, three
dollars in lawful money, is an annual road poll tax
upon every man over twenty-one and under fifty
years of age not physically incapacitated to work
and not exempted by law, resident within the town
of Moab.
Sec. 97. Id. Expenditure. Said poll tax shall
.be collected under the regulations hereinafter pro-
vided, and shall be used by the town for improving
any of the streets in the town. All labor per-
formed shall be done under the supervisor of
streets; provided, that the provisions herein con-
tained relating; to the collecting of an annual poll
tax shall not take effect prior to the first clay of
January, 1904, but shall be in full force and effect
on and after said .Tanuary 1st, 1904.
Sec. 98. List of tax payers, how made.- The
supervisor of streets shall, by diligent search and
inquiry, made at such times as he shall elect be-
36 REVISED ORDINANCES
tween the first clay of January and the thirtieth
day of November in each year, ascertain the list
of names of all persons within the corporate limits
of the town who are liable to pay a poll tax as pro-
vided in this chapter. He shall enter such names
in a suitable register, which shall be furnished
him for that purpose by the town clerk at the ex-
pense of the town. The names shall be in alpha-
betical order, with suitable columns opposite each
name to enter the date of notice, the time in which
the person named is required to perform the labor,
the kind of pay received,•and the date of payment.
Sec. gg. Notice of work to be given. —It shall be
the duty of said supervisor, at some time between
the first day of January and the thirtieth day of
November in each year, to deliver to each person
liable to pay poll tax, or leave at his residence or
usual place of business, a written or printed no-
tice, citing him to appear at such time and place
as may be designated in said notice, with appro-
priate tools for the kind of work to be performed,
giving each person not less than two days notice
of such requirement. Whenever necessary, the
supervisor is authorized to employ team labor
upon such terms as he may deem proper.
Sec. zoo. Delinquent tax payable in money. —If
any person shall fail to obey the tax required by
this chapter, within ten days after the time men-
tioned in the notice provided for in the next pre-
ceeding section, unless some satisfactory
excuse is furnished for not attending, said
tax shall be deemed delinquent and the
person so liable shall thereafter be required
MOAB TOWN 37
to pay such tax in money; and the super-
visor of streets, as such, must proceed to collect
the same in an action of debt in any court having
jurisdiction, and no property of such delinquent
shall be exempt from execution upon a judgment
so rendered.
Sec. roz. May receive poll tax in rnoney.—The
supervisor of streets is hereby authorized to re-
ceive cash in payment of poll tax from any
ove person
tendering the same, and he shall pay
all
money so collected to the town treasure, as pro-
vided by ordinance. He shall keep stub receipt
books, issue all receipts therefrom, and deliver to
each person making payment of tax a receipt
therefor. The receipts and the stubs shall each
show whither the tax was paid in money or labor,
' and if paid in both, what portion in each. The
stubs shall also contain any other facts shown in
the receipt. The stubs of said receipt books shall
be delivered to the town clerk on or before the
fifteenth day of December in each year.
Sec. 102. Annual report to trustees. —On or be-
fore the first Monday in January of each year the
supervisor of streets shall return to the board of
trustees the register provided for in this chapter,
witl . a written report containing a summary of the
facts shown therein, which said report shall show:
FIRST —The total number of persons assessed
for poll tax during the past year within the town.
SECOND —The total amount of poll tax paid in
labor.
THIRD —The total amount of poll tax paid iri
money.
38 REVISED ORDINANCES
FOURTH —The amount of tax collected by suit
and the names of the delinquents.
FIFTH —The amount of uncollected poll tax,
the name of each delinquent, and the reason in
each case why the tax remains uncollected.
SIXTH —The amount and kind of poll tax labor
expended within the town limits, and the places
where such labor was performed.
Sec. 103. Reports. —The supervisor of streets
shall make to the board of trustees, at such times
as they shall require, a full and complete state-
ment of all matter in his department.
CHAPTER g117.
POUND AND POUNDKEEPER•
Sec. zoo. Pound Established. —A town pound is
hereby established, and it shall be the duty of the
board of trustees to designate by resolution a safe
• and secure place for such pound where all animals
taken up in pursuance of this chapter may be im-
pounded. Said pounil shall be under the control
of the poundkeeper whose office is hereby created
within the town of Moab.
Sec. zog. Duties of Poundkeeper.—It shall be
the duty of the poundkeeper to receive and tpke
care of all animals committed to his charge and
provide all necessary forage therefor.; he shall use
due diligence to find the owners of said animals by
examining the record of marks and brands and
otherwise, and notify the owner if found. He
shall not deliver any animal to the owner until all
costs are paid.
y'
MOAI3 TOWN 3�
Sec. 106. Notice of sale of animals: —Within
three days after any animals shall come into the
possession of the poundkeeper, he shall advertise
the same in a newspaper published in the town,
if there be one, by publishing a notice in at least
one issue of said paper, and by posting notices for
a period of ten days in three of the most public
places in the town, one of such places shall be at
'or near the post office. He shall also immediately
deliver a copy of such notice to the town clerk.
The clerk shall upon the receipt of said notice rile
and preserve the same in his office for a period of
six months thereafter, and shall immediately post
a copy thereof at the front door of the town hall.
The notice so filed with the town clerk shall be
open at all reasonable hours to the inspection of
the public, free of charge. The notice herein
provided for shall contain a description of the ani-
mals, including all visible marks or brands, when
taken, and the day, hour, and place of sale, and
may be substantially in the following form:
NOTICE.•
State of Utah
County of Grand
Town of /vIoab
I have in my possession the following de-
scribed estray animals which, if not claimed and
taken away, will be sold at public auction to the
highest cash bidder at.... , in Moab, on
(,1
40 IiEvI9ED ORDINANCI�s
, the .day of
190.. , at the hour of o'clock, .... m.,
(Description of animals)
Said estrays were taken up by me in said
Moab on the ... .... day of .190..
Poundkeeper for Moab.
Sec. roq. Claimants. Sale. Bill of sale. —If at
any time before the sale of any animals they shall
be claimed and proved to be the property of any
person, the poundkeeper shall deliver them to the
owner upon receiving from him the costs of im-
pounding, keeping and advertising the same. If
the animals are not so claimed and taken away, he
shall, at the time and place mentioned in the no-
tice, proceed to sell the same, one at a time, to the
highest cash bidder, and shall execute and deliver
a bill of sale transferring said animals to the pur-
chaser or purchasers thereof, which bill of sale
shall be substantially in the following form:
I hereby certify that in pursuance of the law
regulating the disposal of impounded animals, I
have this day sold to
for the sum of $ , he being the highest
bidder, head of .
described as follows, to wit:
(Description)
,
•4fk
Witness my hand this . day of
190....
Poundkeeper of Moab, Grand
County, State of Utah.
MOAl3 TOWN 41,
The poundkeeper shall immediately file a copy
of such bill of sale with the town clerk. The copy
so filed with the clerk shall be preserved for a
period of two years and shall be open to inspection
during all reasonable hours free of charge. Such
bill of sale shall transfer and vest in such purchaser
the full title to the animals thus transferred.
Sec. ro8. Record of impounded animals. The
poundkeeper shall keep an accurate record of all
impounded animals received by him, their age, ,
color, sex, marks and brand ;, the time and place
of taking and the expense of keeping and selling
the same, all animals claimed : lid taken away, all
animals sold and to whom sold and the amount
paid, all moneys paid to owners after sale, all
moneys paid into town treasury, and all other
matters nece3sary to a compliance with the provis-
ions of this chapter. The board of trustees shall
provide the poundkeeper with a suitable book, in
which shall be entered the records required by law
to be kept by the poundkeeper. Such records
shall be open to the inspection of the public at all
reasonable hours, and shall be deposited by the
poundkeeper with his successor in office.
Sec. rog. Disposition of proceeds of sale. The
net proceeds of the sale of all animals sold in pur-
suance of the provisions of this chapter shall be
paid into the town treasury, subject to the order
of the owner of such animals if applied for within
six months from the date of sale; if not applied for
by the owners within that time, the town treasurer'
shall place the amount to the credit of the town
revenue.
42 REVISED ORDINANCES
Sec. zit). Cattle, etc., running at large. It
shall be the duty of the marshal and police to im-
pound all cattle, horses, mules, sheep, goats, or
swine running at large, herded, picketed or staked
out upon any street, sidewalk, or any other public
place within the limits of the town; provided, that
nothing herein contained shall be so construed as
to prevent any person from driving any milch
cows, work -cattle, Horses, mules, or other animals
from outside the town to any enclosure within the
• town limits, or from any enclosure in the town to
a place outside of the town, or from driving any
such animals through the town.
See, z z z. Penalty for taking out of proper custody.
Any person taking his own animal or that of an-
other person out of the town pound by stealth. or
by force, or who shall interrupt or hinder anyone
while in the discharge of his duties, under the pro-
visions of this chapter, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
liable to a fine in any sum less than one hundred
dollars.
Sec. 112. Reports. It shall be the duty of the
poundkeeper to keep books in which he shall keep
an accurate account of all receipts and disburse-
ments, and shall make a full and complete report.
of his proceedings to the board of trustees on the
first Monday of March, June, September and De-
cember in each year, stating therein the number of
animals impounded, the number of animals sold, to
whom sold, and the amounts received therefor, the
amounts received and paid for forage, advertising
and sale.
MOAB TOWN 43
CHAPTER XV.
CEMETERY AND SEXTON.
Sec. zz3. Description. —The Cemetery is sit-
uated on the Fast Bench, east of Moab, and des-
cribed as follows,
Is situated in the South West Quarter of the
South East Quarter of Section 6 Tp. 26 South
Range 22 East, and is unsurveyed.
Is not within the Corporate Limits.
Sec. Iz4. Sexton, duties. --The sexton shall
take charge of and have the entire control and
superintendence of the Moab cemetery, subject
to the orders and directions of the board of trus-
tees. He shall keep in proper repair the enclo-
sure around said cemetery* and prevent it being
'entered by cattle and other loose animals, and so
far as practicable, he shall prevent the defacing
and destruction of any gravestone, tablet or mon-
ument placed or erected therein; he shall have
charge of a duplicate plat of said cemetery and
shall, at the request of any person wishing to pur-
chase, point out any of the lots unoccupied and
for sale. Upon the disposal of any lot he shall
notify the president of the fact, whose duty it
shall be, upon payment of the price thereof into
the town treasury, to make and execute a good
and sufficient deed to the purchaser.
Sec. z15. Id. —The sexton shall dig or cause
to be dug without delay all graves in said cemetery
upon application to him being made by the owner
of any lot or by any person having the right to
inter therein. He shall attend to every- interment
44 REVISED ORDINANCES
in person or by competent deputy. He shall fill
up and neatly trim the grave immediately after
depositing the coffin therein, and fill up all the
graves that have or hereafter may have sunk. He
shall register the names, ages, and parentage of
all- persons interred therein, the place of inter-
ment, the cause of death and name of attending
physician or nurse. He shall keep the streets,
alleys, walks and avenues therein in good order
and unobstructed, so that free access can be had
to any lot. He shall cause suitable monuments to
be erected on the outside corners of each lot, with
the number of the lot and block inscribed thereon
and shall require the purchaser of any lot to keep
the same in repair and to erect a headboard or
monument upon the grave of every person interred
therein within thirty days after such interment.
Any person neglecting to comply with this re-
quirement, it shall be done by the sexton at the
expense of the purchaser,
,N Sec. IIG. Sale of lots. Certificates. —The sex-
ton is hereby empowered to sell lots in said ceme-
tery and collect before occupancy all dues arising
from such sales. He shall give to each purchaser
a certificate of purchase of each lot, or part of lot
bought, with the price thereof as fixed by the
oar of trustees, which shall describe the lot so
bought, and he shall keep a duplicate of such cer-
tificate, record the same, and forthwith, forward
the original to the maiclent, who shall, upon re-
quest and the payment into the treasury of the
price thereof, issue a deed to the purchaser.
Sec. Ii7. — 11 money aris-
MOA13 TOWN 45
ing from the sale of cemetery lots shall be re-
served as a fund to be appropriated exclusively to
caring for, fencing and ornamenting said cemetery
and in making such improvements therein as shall
be necessary and proper.
Sec. 118. Permit. Disinterment. —No person
or persons shall be allowed to inter their dead in
said cemetery without first obtaining a certificate
of purchase from the sexton to the lot in which
they bury, or if they do not own the lot they shall
then be, required to furni: h a written permit from
the owner thereof, which permit shall be filed with
the sexton. No person shall disinter any body
buried in said cemetery except under the direc-
tion of the sexton.
Sec. IIg. Burials must by in cemetery. —No per-
son shall be allowed to bury his dead within the
limits of the town, except iu burying grounds lo-
cated therein, unless by permission of the board
of trustees.
Sec. Ito. Plat of cemetery. —An accurate map
or plat of the town cemetery appoved by the board
of trustees shall be filed with the clerk and a ropy
thereof with the sexton. Said plat and a register
accompanying the same shall designate the owner-
ship of all lots therein and the price of unsold lots
as fixed by the board of trustees, together with
such other information as shall be deemed expedi-
ent.
Sec. In. Penalty for injuring cemetery property.
--livery person who, within the limits of this
town, shall wilfully and maliciously deface, break,
destroy, or remove any tomb, monutnent or grave-
46 REVISED ORDINANCES
stone erected to any deceased person, or any
memento or memorial, or any ornamental plant,
tree, or shrub, appertaining to the burial of a
human being, or who shall mark, deface, injure,
destroy or remove any fence, post, rail, or wall of
said cemetery or graveyard, is guilty of a misde-
meanor and upon conviction thereof shall be pun-
ished by a fine in any sum less than one hundred
dollars.
Sec. 122. Reports. --The sexton shall make a
full and complete report of all matters pertaining
to his department to the board of trustees on the
first Monday in March, .Tune, September, and De-
cember of each year.
CHAPTER %VI.
•SURVEYOR•
Sec. 123. Office created. —There is hereby cre-
ated within the town of Moab, the office of town
surveyor whose appointment, duties, qualifications
and term of office shall be as in these ordinances
provided.
Sec. x24. Duties. —The surveyor shall, under
the direction of the board of trustees, determine
the lines and grades of all streets, alleys, and
sidewalks within the limits of the town, and file in
the clerk's office a profile of all grades so deter-
mined and established; he shall make duplicate
maps or plats of all lands surveyed and subdivi-
ded by him within the town, noting all errors and
discrepancies in former surveys, and. file said du-
plicate in the clerk's office.
MOAII TOWN 47
Sec. 125. Determine boundaries, etc. --Tire sur-
veyor shall, upon tender of his legal fees, deter-
mine the corner and boundary lines of any block,
lot, or part thereof, within the town when so
required.
Sec. r26. Reports. —The surveyor shall keep a
record of all his official acts and report the same
in detail to the board of trustees on the first Mon-
day in December of each year, which report shall
show the time spent in the actual performance of
his duties, the amount of money received, the
dates when and the names of the persons from
whom the same was received, and the dates of
paying the same into the town treasury, together
with such other information as the trustees may
require. He shall also make reports at such other
times as required by the board of trustees.
CHAPTER XVII.
BOARD OF HEALTH•
Sec. In. Creation. ---A hoard of health is here-
by created and established within and for the
town of Moab, which board shall consist of three
persons, one of whom shall he when practicable,
a physician, a graduate of a regularly chartered
medical college. who shall be the executive officer
of the board and he known as the health officer.
The president shall be ex-officio a member of said
board of health and the chairman thereof.
Sec. 128.. Duties and powers. The hoard of
health shall supervise all matters pertaining to
48 REVISED ORDINANCES
the sanitary condition of the town, and shall have
power and authority to order nuisances or the
cause of any special disease or mortality to be
abated 'and removed. It shall be the duty of the
town board of health and the health officers to use
diligence in the discovery of contagious and in-
fectious diseases, to maintain strict quarantine
and to cause all infected persons and premises to
be disinfected in accordance with the rules of the
state board of health. Said disinfection shall be
performed by the health officer or in case of his
absence or disability to act, by some other member
of the board of health. In no case shall any disin-
fection performed by members of a quarantined
household be accepted as compliance with this sec-
tion. If any health officer shall fail or refuse to
keep proper records, .hake reports, enforce quar-
antine, disinfect infected persons or premises, or
to perform any of the duties provided by law he
shall be deemed guilty of a misdemeanor, and up-
on complaint made by the state board of health, it
shall be the duty of the board of trustees to give
said health officer a hearing, and if the charges are
sustained, they shall immediately remove him and
appoint his successor.
Sec. rzg. Id. —It shall be the duty of the
board of health to take notice of and enforce all
the health laws of the town, and all ordinances re-
lating to the sanitary condition of the town, to
make and enforce such rules and regulations, not
in conflict with the laws of this state or the ordi-
nances of this town, as may be necessary* for the
government of the board, the transaction of busi-
ness, and the proper discharge of its duties. It
MOAB TOWN 49
shall keep a record of all its proceedings and shall
report in writing to the board of trustees on the
first Monday in March, .Tune, September and De-
cember of each year, and at such other times as
the board of trustees may require, all its proceed-
ings, the sanitary condition of the town, the num-
ber •of births and deaths, and the causes of death
as nearly as can be ascertained, during the pre-
ceeding three months, also the presence of epi-
demic or other dangerous, contagious, or infec-
tious diseases, and such other matters within their
knowledge or jurisdiction as the board of trustees
shall require; and they shall make such recommend-
ations to the board of trustees as in the opinion
of said board of health may promote the sanitary
condition of the town. The board of health or the
health officer shall report to the secretary of the
state board of Health at such times as the state
board may require, such matters and things within
their knowledge or jurisdiction as the state board
shall require. It shall be the duty of the health
officer to make an annual report of his actions and
those of the town board of health to the state
board of health.
Sec. r3o. Id. Sanitary condition of schools. —
The board of health shall have jurisdiction of all
matters pertaining to the preservation of the
health of those in attendance upon the public and
private schools in this town, to which end it is
hereby made the duty of said board of health:
1. To exclude from said schools any person,
including teachers, suffering with any contagious.
or infectious disease, whether acute or chronic or
liable to convey such disease to those in at-
tendance.
50 REVISED ORDINANCES
2. •To make regular inspections of all school
buildings and premises within the town, as to
their hygenic condition; and to report the result
of such inspection to those having charge and
control of such schools, with instruction as to the
remedy of conditions (if any such be found) where-
by the health of those in attendance may be im-
paired, or life endangered.
Sec. x31. Id. —In the event of failure or re-
fusal of those having such charge and control of
the schools mentioned in Section 125, to carry
out the instructions so given, then the board of
health shall cause such faulty conditions to be
remedied at the proper cost and expense of those
having and control of such school or schools.
Sec. 132. Prohibit public meetings, when. —The
board of health shall, when in its judgment the
public good requires it, prohibit all public meet-
ings or assemblages of any kind, or the keeping
open of schools, or any public funeral, within the
limits of the town of Moab.
Sec. x33. Inspect provisions. —The board of
health shall, whenever they deem it necessary for
the public health, or upon request, inspect any
flour, meat, vegetables, fish, or other provisions
offered for sale as food, or held or kept where
food provisions are stored, sold,or offered for sale,
within the limits of this town, and in the event
that any such article of food or provisions are
found to be stale tainted or unwholesome, they
shall cause the same to be immediately removed,
and if necessary destroyed.
Sec. 134. Privy vaults, etc. —No privy, vault,
MOAB TOWN 51
cess pool, or reservoir into which a privy, water -
closet, stable or sink is drained, shall be estab-
lished or permitted within fifty feet of any surface
well, spring, or other source of water used for
drinking or culinary purposes, without written
permission from the board of health, based upon
the advice of the medical health officer. When-
ever in the opinion of the board of health or the
health officer, any privy vault or cess pool has be-
come the recepticle of infectious material from a
contagious or infectious disease, or has become a
menace to health, they shall have power to order
such privy vault or cess pool disinfected, or filled
in and abandoned.
Sec x35. Contagious diseases to be reported to ---
It shall be the duty of every physician or other
person caring for the sick in Moab, to make a re-
port to the board of health, on forms to be fur-
nished by the said board, immediately after such
person becomes aware of the existence of any
case of scarlet fever, diptheria, whooping cough,
small pox, typhoid fever, measles, chicken pox, or
any acute, contagious or infectious disease in his
or her charge; should additional cases occur in the
same family they shall be reported in the same
manner as the first case.
Sec. 136. Establish quarantine. —The place
wherein any person or persons are located having
any of the diseases mentioned in the foregoing
section, except typhoid fiver and whooping cough,
,shall have displayed thereon a yellow flag upon
which is printed in plain black letters the name of
the disease which therein exists.
v,
52 REVISED ORDINANCES
Sec. 137. Id. Time of. —The quarantine
flag shall be allowed to remain at least twenty-one
clays after scarlet fever or small pox and fourteen
days after diptheria is first reported, and it shall
be unlawful for any person or persons to remove
or interfere in any way with said flag without
permission from the board of health. In case of
death the flag shall remain for a period of not
less than seven days, and longer unless the board
of health is satisfied that all proper means have
been employed for preventing the spread of con-
tagion. Any person having whooping cough shall
be quarantined in every respect the same as in
scarlet fever as described herein, except that
there shall be no flag displayed.
Sec. 138. Id. Disinfect premises. —All prem-
ises where either scarlet fever, diptheria, or small
pox has existed, shall, before the quarantine flag
is removed, be thoroughly disinfected under the
supervision of the board of health.
Sec. 139. Disinfection in typhoid cases. Duty of
physician. —It shall be the duty of any person hav-
ing charge of a person affected with typhoid fever
to disinfect all excreta excreted by said person
during the course of the disease, in accordance
with the rules of the state board of health, and
upon failure to do so such person shall be deemed
guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine in any sum less
than one hundred dollars. It shall be the duty of
the physician in attendance upon all persons af-
fected with typhoid fever to personally instruct
those having charge of same to perform the disin-
fection described in this section and to satisfy
MOA13 TOWN 53
himself that the same is carried out, and for fail-
ure to do so he shall be deemed guilty of a n.isde-
meanor and upon conviction thereof shall ue pun-
ished by a fine in any sum less than one hundred
dollars.
Sec. r4o. Persons affected not to leave premises.
--No person who is or has been affected with any
of the diseases named in section 130, except ty-
phoid fever, shall be permitted to leave the house
in which he or she resides without a permit from
the board of health, to be issued upon the receipt
of a certificate of the attending physician that all
danger of communicating the disease is passed;
and no person residing or lodging in a house wherein
such disease is present, will be permitted to leave
the house without permission from the board of
health. Twenty-one days must have elapsed after
the quarantine has been removed from the place
wherein scarlet fever, and fourteen days wherein
diptheria has existed, before a permit to attend
school will be granted to the person who was af-
fected with the disease. Other persons residing
in the house will be allowed to attend school upon
the removal of the quarantine, provided they first
obtain a permit from the board of health, which .
shall be presented at the school.
Sec, r4r. Bedding, etc. to be disinfected. —Any
person who gives, lends, sells, transmits, or ex-
poses, without previous disinfection according to
the rules of the board of health, any bedding,
clothing, rags, or other objects which have been
exposed to infection from any of the diseases
named in section 130, shall be deemed guilty of
54 REVISED ORDINANCES
a misdemeanor and upon conviction thereof shall
be punished as hereinafter described.
Sec. 142. Affected persons not to be conveyed,
etc. —Any person who knowingly has conveyed a
person affected with a contagious disease, shall be
deemed guilty of a misdemeanor and subject to a
punishment as hereinafter described, unless he
shall have immediately disinfected his conveyance
in a thorough manner and under the supervision of
the health officer.
Sec. 143. Houses to be disinfected. —The owner
or agent of any house in which a person has been
suffering from any contagious disease, who shall
knowingly let it or part of it for hire without hav-
ing previously disinfected it and all the articles
therein liable to disinfection according to the rules
of the board of health, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
subject to a punishment as hereinafter described.
Sec. 144. Articles not to be taken from the house
to be washed. —No .person or laundry will be per-
mitted to take from a house within the limits of
the town, in which there exists a contagious or in-
fectious disease, any material or article for the
purpose of washing the same, without permission
from the board of health.
Sec. z45. Removal of warning sign to be re-
ported. —It shall be the duty of the householder in
every case when the warning sign has been dis-
played from the premises .which he or she occu-
pies, to report promptly the removal of such sign
to the board of health, unless the removal has
been caused by order of the board of health.
MOAB TORN 55
Sec, 146. Id. Person in attendance. —It shall
be the duty of the person in attendance to mane
such report to the board of health of the removal
of the warning signs unless assured that report
has been made by some one from the premises.
where the disease is prevailing or has prevailed.
Sec. 147. Children not to attend school without
certificate. —Children from infected premises shall
not be permitted to attend school, except upon
presentation of the proper certificate from the
board of health, and it shall be the duty of the
person in attendance to report, in eve' y instance,
whether or not the children in the family, or other
children in the same building, attend school, and
in what school building or buildings.
Sec. 148. Needless carpets, etc., to be removed.
—Every room occupied by a person suffering from
any contagious or infectious disease shall be
cleared of all needless clothing, carpets, drapery
and other materials likely to harbor the poisons of
disease.
Sec. z49. Persons in charge to exercise care. —It
shall be the duty of the person in charge of the
premises where a contagious disease exists to ex-
ercise all reasonable care in the prevention of the
co -mingling of persons who come in contact with
the patient or any person whereby the contagion
might be disseminated.
Sec. z5o. Burial of persons dying from contagious
disease. —The body of a person who has died from
diptheria, scarlet fever, or small pox, shall be im-
mediately disinfected and placed in a coffin, which
shall be tightly closed, and shall not be taken to
56 REVISED ORDINANCES
any churh or place of public assembly, and shall
be buried within forty-eight hours, unless other-
wise ordered by the board of health, and it shall
be the duty of the undertaker or person in charge
to see that the provisions of this section are ob-
served.
Sec. z5z. Id. Public funeral prohibited. —No
public funeral shall be held in a building in which
there is a ease of diptheria, scarlet fever, or small
Pox, nor in which a death from either disease has
recently occurred.
Sec. z52. Persons liable to spread contagion not
to be brought within the limits of the town. —No per-
son or thing liable to propogate any of the conta-
gious diseases enumerated in Section 130, shall be
brought within the limits of the town of Moab
without the special permit and direction of the
board of health, and whenever it shall come to the
knowledge of any person that such person or
thing has been brought within the limits of the
town, he shall immediately give notice thereof to a
member of said board, together with the location
thereof. No person shall, within the limits of this
town, carry or remove from one building to an-
other any person afflicted with such contagious
disease, or liable to communicate or spread the
contagion thereof, except under the charge and di-
rection of the board of health, and with proper
precautions against the spread of the contagion.
Sec. z53. To provide against spread of contagious
disease.— Upon satisfactory information of the ap-
proach to, or transit through the town, of infected
persons or goods from an infected locality, or per-
MOAB TOWN 57
sons or goods suspected of being infected, it shall
be the duty of the executive officer of the board of
health to cause the same to be stopped without the
limits of the town, or if found within the limits of
the town, to cause such person or goods to be re-
moved from carriages, stages, or other conveyan-
ces, and secretly.isolated and disinfected.
Sec. 154. Physicians to report births. —All phy-
sicians and professional midwives shall report to
the board of health, on blanks furnished by said
board, a statement _of each birth at which they
assist professionally, wi,thin the limits of the town
of Moab, the time of birth, the sex, race and color
of the child, and the names and residence of the
parents. If at such birth no physician or midwife
attends, the parents shall make such report.
Sec. 155. Id. Deaths. —It shall be the duty of
every physician or other person caring for the
sick, who attend deceased persons in their last ill-
ness, within the limits of the town of Moab, to re-
port to the board of health, on blanks furnished by
said board, as nearly as may be ascertained, the
name in full, occupation, age, term of residence in
the town, birthplace., condition, whether single or
married, widow or widower, sex, race; color, last
place of residence, and the cause of death of such
decedent. If such death be the subject of the in-
quest, then such report must be made by the cor-
oner or other official holding the inquest. In all
other cases such report must be made by the per-
son caring for and having charge of such decedent
at the time of his or her death.
Sec. 156. Blanks, etc. —It shall be the duty of
58 REVISED ORDINANCES
the town clerk to provide the board of health with.
such books, blanks and supplies as the said board
may require for the proper discharge of its duties.
Sec. 157. Expenses to be allowed. —The actual
and necessary expenses of each member of the
board of health shall be allowed by the board of
trustees upon the presentation of an itemized
statement, certified as correct by the chairman of
said board of health.
Sec. 158. Penalty for violation of health laws. —
Any person who violates, disobeys, omits, neglects,
or refuses to comply with, or resists any of the
provisions of this chapter, or who refuses or neg-
lects to obey any of the rules, orders, proclama-
tions, or sanitary regulations of the board of
health, health officer or . president, or who
omits, neglects, or refuses to comply with,
or who resists any officers or orders or
special regulations of said board of health,
health officer, or president, shall be deemed guilty
of a misdemeanor and upon conviction thereof
shall be punished by a fine in any sum less than
one hundred dollars.
CHAPTER XVIII.
NUISANCES
Sec. 159. Nuisance defined. —•A nuisance is an
offense against the order, economy, safety, con-
venience, or health of the town.
Sec. 16o. Stable, pigsty, etc., when nuisances. —
If the owner or occupant of any livery stable, cat-
MOAB TOWN 59
tle yard or shed, barn, slaughtering house, skin-
ning or rendering establishment, or any pig -pen or
sty wherein one or more swine art kept and fed,
or other place in this town, shall suffer or permit
the same to become nauseous, foul or offensive to
the annoyance of the citizens of this town, or to
any one of them,or in any state or condition detri-
mental to the health 4:f the citizens residing or
passing in the vicinity of such place, the same
shall be deemed a nuisance.
Sec. 16r. Unclean drain, etc. —If any person
causes or permits, within the limits of this town,
any unclean, stinking, foul, defective, or filthy
drain, ditch, tank, or gutter, or any leaking or
broken slop, garbage or manure box, or receptacle
of similar character, to remain on his premises,
the same shall be deemed a nuisance.
Sec. 162. Vegetable waste. —All vegetable
waste, garbage, litter, filth, or refuse of any na-
ture kind or description which shall be detrimental
to the public health, found in or upon any private
alley, yard, or area within tl a town •limits, unless
the same is temporarily deposited for removal,
shall be deemed a nuisance -
Sec. 163. Dead animals. —Any horse, cow, ox,
dog, sheep, cat, or other animal or fowl that shall
die within the town limits, and the carcass of
which shall not be buried within twenty-four
hours after the death, shall be deemed a nuisance.
Sec. 164. Offensive matter in streets. —Any
stale, putrid, noisome fat, grease or other offens-
ive matter which shall be kept, collected or used
in any manner detrimental to the public health,
60 REVISED ORDINANCES
and any wrapping paper, hand bills, old clothes,
boots, shoes,' hats. tin cans, broken dishes, ashes,
or any combustible material, or any rubbish what-
soever, thrown into or upon the street, alley, side-
walk, gutter, ditch, aqueduct or canal, or vacant
lot, shall be deemed a nuisance.
Sec. 165. Certain trees, etc., a nuisance. —All
dead trees and all trees which have or may be par-
tially uprooted or blown over so as to be in danger
of falling, or which in any manner obstruct any
street or sidewalk, and all trees, the limbs of
which overhang any street or sidewalk to a height
less than eight feet, within the limits of this town,
are herepy declared a nuisance and shall be re-
moved by the owner thereof. Should the owner
of such trees fail to remove the same, or abate
such nuisance, within five days after being noti-
fied so to do by the town marshal, then such trees
shall be removed or such nuisance abated by the
town marshal or supervisor of streets at the ex-
pense of such owner.
Sec. 166. Other things deemed a nuisance. —Ev-
ery act or thing done or made, permitted, allowed,
or continued on any property, public or private,
by any person or ^orporation, their agents or ser-
vants, detrimental to health, or to the damage or
injury of any of the inhabitants of the town, not
hereinbefore specified, shall be deemed a nuisance.
Sec. 167. Marshal to report nuisances. —It shall
be the duty of the marshal and police to observe
the sanitary condition of the town and report to
the health officer promptly any nuisance or accu-
mulated filth, or any condition detrimental to the
public health, found in any portion of the town.
MOAB TOWN 61
Sec. '68. Penalty for violation. —Any person
or persons who shall be convicted of being the
author or keeper of a nuisance, or otherwise
guilty of a violation of any provisions of this
chapter, shall be fined in any sum not less than
one hundred dollars.
Sec. 169. Notice to abate nuisance. —In order to
better carry out the provisions of this chapter the
health officer may serve a notice in writing upon
the owner, occupant, or agent of any lot, building,
or premises in or upon which any nuisance may be
found, or upon him who may be the the cause of
such nuisance, requiring him to abate the same in
such manner as the health officer may direct, and
within a reasonable time; and if such owner, occu-
pant or agent shall neglect or refuse to comply
with the requirements of such notice within the
time specified, he shall be deemed guilty of a mis-
demeanor and upon conviction thereof be fined in
any sum less than one hundred dollars. The fail-
ure to give notice as provided herein shall not re-
lieve the author of any nuisance of the penalties
provided in this chapter.
Sec. no. Duty and power of health officer. —It
shall be the duty of the health officer to ascertain
and cause all nuisances declared to be as such in
this chapter to be abated, and he shall have auth-
ority, either by himself or by his agents, em-
ployees, or deputies, in the day time, to enter any
house, store, stable, or any building, in order to
make a thorough examination of cellars, vaults,
sinks, or drains; to enter upon all lots and grounds
and cause all stagant waters to be drained off, and
pools, sinks, vaults, drains, holes, or low ground
di
62 •REVISED ORDINANCES
to be cleaned, filled up or otherwise purified, and
to cause all noisome substances to be removed or
abated.
CHAPTER %I%.
LICENSES
Sec. zqz. Doing business without license unlaw-
ful. —It shall be unlawful for any person to en-
gage in or carry on any business, . trade, calling or
profession, for the transaction or carrying on of
which a license is required, without first taking
out or procuring the license required for such
business, trade, profession, or calling; provided
that any person who is unable to obtain a livehood
by manual labor, and who is deemed worthy by a
majority of the board of trustees, may be given
the privilege to hawk, peddle, or vend any goods,
wares or merchandise, except spirituous, halt,
vinous, or other intoxicating liquors, without
payment of any license, fee, or tax whatever.
Sec. z72. License to be paid in advance. —No li-
cense shall be issued to any firm, person, or cor-
poration except the amount required shall have
fist been paid to the town treasurer, and upon
presentation of his receipt to the officer authorized
to issue such license, and complying with the pro-
visions of this chapter in reference to such license
the same shall be issued to the person, firm, or
corporation requiring the sa:ne.
Sec. x73. Application. Issuance. Record. —All
applications for license shall be made in writing to
the president. All licenses, exept liquor licensee,
N1OAB TOWN 63
shall be issued and signed by the president, or
presiding officer of the board• of,trustees, and at-
tested by the clerk under the seal of the town.
The clerk shall keep an alphabetical list of licenses
issued, stating the number, name, time, place and
kind of business, and the amount paid, with such
remarks as may be considered necessary.
Sec. z74. License to contain what. AGsign-
ment.—Every license shall specify the name of the
person, firm and corporation to whom it shall be
issued, and shall designate the particular place at
which the business licensed shall be carried on.
No license granted or issued under any of the
provisions of this chapter, or otherwise, shall in
any manner be assignable or transferable, or auth-
orize any person other than is therein mentioned
or' named to do business, or authorize any other
business than is therein mentioned
or named
her than be
done or transacted at any place
is
therein mentioned or named, unless by permission
of the president endorsed on such license.
Sec. 175. No rebate. Exceptions. —No rebate
shall be allowed upon any license, unless in case
where the party or the parties to whom a license
has been issued has been damaged by file or other
unforseen accident, or unless in case of affliction or
poverty. In all such cases the board of trustees
shall have discretionary power as to what, if any,
amount shall be rebated.
Sec. z76. Annual license. —Licenses for any
vocation or business for which a yearly license is
required shall not be issued for a period less than
one year.
64 REVISED ORDINANCES
Sec, In. Penalty. —Whoever violates any of
the provisions or requirements contained in this
chapter, where the penalty is not otherwise pro-
vided, shall upon conviction thereof be punished
by a fine in any sum less than one hundred dollars.
Sec. 178. Auctioneers. —No person shall be
allowed to sell or expose for sale, within the limits
of this town, without first obtaining a license for
such purpose, for which such person shall pay into
the town treasury the sum of three dollars for'
each day while engaged in such business.
Sec. in. Id. Not to obstruct streets. —All auc-
tioneers are hereby forbidden to sell, or expose
for sale, 'any kind of property SG near to the
streets as to cause people to gather in crowds on
the sidewalks so as to obstruct the same, or to use
immoral or indecent language in crying their goods
or to make noisy acclamations, or ring bells
through the streets in advertising their goods or
chattels. Nothing herein shall be construed as to
prohibit any sheriff, constable, or other officer
whose duty shall require him to sell property at
public auction, from so doing.
Sec. 180. Merchants, grocers etc. —Every
merchant, grocer, retailer,. store or shopkeeper,be-
fore commencing or carrying on his business with-
in the limits of this town, shall procure an annual
license therefor, for which license he shall pay the
sum of twenty dollars
Sec. z8z. Druggists. —Whoever shall prepare
or sell drugs, either in person or by agent, shall be
deemed a druggist. Every druggist within the
limits of this town shall be required to pay an
annual license of twenty dollars.
MOAB TOWN 65
PEDDLERS AND HAWKERS.
Sec. z82. Peddlers and hawkers must obtain
license. —It shall not be lawful for any person to
carry on the business of peddling or hawking, or
to offers for sale, barter or exchange, at ret il, any
medicine, or other goods, wares or merchandise,
within the limits of this town without first obtain-
ing a license therefor.
Sec. z83. Id. To pay in advance. —Licenses
for peddling or hawking as above described may be
issued 'for the term of one year on payment in
'advance of the following sums:
For a license to peddle notions and
small wares $20•00
For a license to peddle merchandise and
other small property not otherwise licensed
under this chapter•
For a license to sell, peddle or hawtc
medicine $25.00
For a license to sell, vend or peddle, or
otherwise dispose of machinery, wagons,
buggies, or other vehicles, stoves, ranges,
impements, tools, etc. $23.00
Sec. 184. . Id. —Nothing contained in the
two proceeding sections shall be so construed as to
prohibit any regularly established druggist or
merchant operating under a yearly license, from
selling or otherwise disposing of any article therein
mentioned.
Ever* person before engaging in or pursuing
any business, vocation or calling hereinafter
mentioned, within the limits of this town, shall
obtain a license so to do, unless otherwise provided,
66 in:vista) oitinNAN(Ims
and make therefor yearly payments in advance
into the towel treasury, as follows: lU.UU
For a license for a skating rink ..... •
For a license for a shooting gallery .... $10.00
For a license as a fresh meat dealed, as .UO lU�
a peddler or otherwise • • 10
For a license as a pawnbroker $.00
00
For a license as a second hand dealed .. $25.00
For a license for a traveling menagrie, . $2. 50
For a license for a theatrical representation,
or tricks of legerdemain, for each performance or
exhibition, by a traveling troop or company $2.00
For a license for an acrobatic or athletic per-
formance,or sparring exhibition, for each clay $2.00
For a license for traveling photograaplier�lU.00
Provided, that any theatrical representation
or performance given for a benevolent or charit-
able purpose the license therefor provided to be
paid by the provisions of this section, may be re-
. bated by the board of trustees upon application of
the party or parties paying the same.
INTOXICATING LIQUORS
Sec. 186. License necessary. —No person shall
manufaeture, sell, barter, deal out, or otherwise
dispose of any spirituous, vinuou5, malt, or other
intoxicating liquors within the limits of this town,
without tint obtaining a license therefor, in the
manner provided by law. The application for
said license shall be made to the board of trustee:
at the regular monthly meeting preceding the first
day of the quarter for which the license is issued
nl)An TowN 67
Sec. 187. Definition of classes.— A manufac-
turer, as contemplated in the foregoing section,
is one who manufactures any of the liquors men-
tioned in the previous section and sells the same
at wholesale as follows: If in kegs, not less than.
two gallons; if in bottles, not less than one dozen;
but no such liquors shall be sold or otherwise dis-
posed of to be drunk upon the premises where
manufactured. A wholesale dealer, as contem-
plated in the foregoing section, is one who sells
or otherwise disposes of such liquors in any
quantity not to be drunk on the premises where
sold. A retail dealer, as contemplated in the pre-
ceding section, is one who sells or otherwise dis-
poses of such liquors in any quantity, and also by
the glass or dram, to be drunk on the premises
wheys sold.
• Sec.188. Application and bond.—Applieation
for such a license shall be made by petition. in
writing to the board of trustees, signed by the ap-
plicant and filed with the clerk. Said petition
must state definitely the particular place at which
the said liquors are to be manufactured, sold,
bartered, dealt out, or otherwise disposed of, and
whether at wholesale or retail, The applicant
shall also file with the petition a bond to the town
of Moab, conditioned that during the continuance
of his license he :will keep, an orderly and well
regulated house, that he will not allow gambling
with cards, dice, or any other device or imple-
ments used ii gambling, within his house where
such business is eondueted: that lie will pay all
damages, tines and forfietures which may be ad-
judged against him under the provisions of this
i
fib REVISED ORDINANCES
chapter and the laws of the State of Utah. Said
sum of $500.00 with two or
bond shall be in the
more sureties, to be approved by the president.
Said sureties must justify on oath before some
officer authorized to administer oaths, that they
are residents within Grand County, Utah, and
are worth the amount specified in said bond over
and above all other debts and liabilities exclusive
of property exempt from execution. Such justifi-
cation shall be in writing, and certified to by the
officer who administers the oath, and attached to
and filed with the bond.
Sec. i89. Id. —The board of trustees shall, at
its next regular meeting after the petition, stat-
ment and bond have been filed as required in the
preceding section, proceed to consider such appli-
cation for said license to manufacture, sell, barter,
deal out, or otherwise dispose of any of said
liquors, and they shall grant the same unless for
good cause, when any application for such license
may be refused. No such license shall be granted
to any establishment, except a hotel, located with-
in three hundred feet of any public schc.ol build-
ing being used for that purpose, or within two
hundred feet of any church or place of worship,
or within fifty feet of any theatre, concert hall, or
place of amusent.
Sec. i9o. Id. Certificate. —On the board of
trustees granting the license petititioned for,
which shall be for a period of not less than three
months or more than one year, the applicant shall
pay into the town treasury the amount hereinafter
specified for such license, and shall receive the
treasurer's receipt therefor and present the same
MOAB TOWN 69
to the clerk, who shall thereupon issue to the ap-
plicant a certificate of license, which certificate
shall state the name of the person or persons li-
censed, the place of business, the kind or kinds of
liquors to be manufactured, sold, bartered, dealt
out, or otherwise disposed of, the date of com-
mencement and exporation of such license and the
class of business to be conducted under. such li-
cense; that the person or persons named therein
are duly authorized to carry on the business of
manufacturing, bartering, selling, or otherwise
disposing of intoxicating liquors, as the case may
be, at the place, and for the time therein specified
and that the license is not transferable. Said cer-
tificate shall be signed by the clerk who shall seal
the same with the seal of the town.
Sec. 19x. Id. Revocation. Notice. —The board
of trustees for good cause and upon not less than
three days notice to the license of the time and
place at which.the proposed revocation shall be
considered, may revoke the license granted to the
keeper of any saloon,tippling house, or dram shop,
or for the selling or giving away of any intoxicat-
ing drink or malt liquors, within the town. For
the purpose of carrying out the provisions of this
section the board of trustees shall have power to
issue or cause to be issued, subpoenas, and shall
have power to compel the attendance of witnesses,
and to administer oaths.
Sec, 192. Amount of license. —The following
named sums shall be paid quarterly into the
treasury in advance for each license granted as
herein provided:
1
70 REVISED ORDINANCES
First —Asa manufacturer $100.00
1U0.00
Second —As a wholesale dealer. �100.00
Third --As a retail dealer
Sec. z93. Selling to female in wine room. —No
keeper of any saloon, tippling house, or dram shop
shall have or keep in connection with, or as a part
of such saloon, tippling house, or dram shop, any
wine room or any other place, either with or with-
out door or doors, curtain or curtains, or screen of
any kind, into which any female person shall be
allowed to enter from the outside, or from such
saloon or tippling house or dram shop, and there
be supplied with any kind of liquor whatsoever.
Auy person violating the provisions of this section
shall be deemed guilty of a misdemeanor.
Sec. 194• Selling to insane or idiotic persons.
Minors. —Any person who shall knowingly give,
sell or otherwise dispose of any intoxicating drink
li-
censed any insane or idiotic person, and an person
as herein provided, or any other person,
who shall knowingly give, sell, or otherwise dis-
pose of any intoxicating drink to any minor, or
.who shall permit any of such persons to be or re-
main in his place of business where such liquors
are sold, or who shall give, sell or otherwise dis-
pose of any intoxicating drink to any person who
is known in the community as a habitual drunkard,
shall be deemed guilty of a misdemeanor.
Sec. z95. Sunday selling, gambling, etc. —Any
person licensed as aforesaid, or any person neg-
lecting or refusing to obtain a license as herein
provided, who shall either:
1. Sell, give. away, or otherwise dispose of
moms TowN 71
any intoxicating drink at any time during the first
day of the week, commonly called Sunday, except
for medical purposes upon the prescription of a
physician; or hermit any liquors to be, disposed of
of in any form or used in or upon such preinises
save and except within the one room for the sale
of said liquors; or
2. Permit on his premises ses where
eb u h intoxi-
cating' drink is sold, any gambling Y
ans of
dominoes, :cards, dice, or other articles, or any de-
scription of gambling; or
;. Permit music, dancing, drunkenness,
sleeping, or lodging in the night time, or who shall
permit any or the saleofliquors, hallsa
li-
censedbe
fdisorderlydeemed
guilty of a misdemeanor.
Sec. 196. Selling without a license. —Any
person who shall sell or otherwise dispose of upon
any pretext whatever any halt, spirituous, or
any vinous liquors, or any intoxicating drink
without first having complied with the conditions
n this
of, and obtained chlicense as set forth offense, be deemed lguilty `of a
hap -
ter, shall for
misdemeanor.
Sec. 197. Selling on election days. —It shall
be unlawful for any person licensed or unlicensed
to sell, give away, or in any manner dispose of
directly or indirectly any spirituous, vinous, or
other intoxicating liquors on any part of any day
set apart or to be set apart for any general or
special election for any state, county, municipal,
district, or precinct officer, except members of the
board of education or district school trustees, in
any election district or precinct in this town, except
72 REVISED ORDINANCES
for medical purposes upon the prescription of a
physician. Any person violating the provisions of
this section shall be deemed guilty of a misde-
meanor.
Sec. 198. Forbidding minors in saloons. —Any
person under twenty-one years of age found in any
saloon in this town shall be deemed guilty of a
misdemeanor.
Sec. 199. Judgment on conviction. —In all
judgments or convictions of any person of an
offense or misdemeanor, under the provisions of
this chapter, the penalty, where not otherwise
provided, shall be a fine in any sum less than one
hundred dollars, and the Court before whom a
conviction is had, may, in its discretion, order that
the defendant, in default of payment of such fine,
be imprisoned until such fine is paid at one dollar
per day; said imprisonment,however, not to exceed
the term of three months in all; or said court may
order that execution issue against the defendant
for such fine, and should any such execution be
returned unsatisfied, either wholly or in part, a
suit may be maintained upon any bond that such
defendant may have given in accordance with
section 183.
BILLIARD TABLES, ETC.
Sec. 200. Obtain license. —No person shall
keep or use in any public place in this town, any
billiard or pool table or tables, or any pin or ball
alley, or nine or ten pin alley or alleys, or the
runway or runways of either thereof, in or on
which games are played, without first obtaining a
license therefor as hereinafter provided.
MOAB TOWN 73
Sec. 20I. Application. Amount. —All appli-
cations for license as contemplated by the preceed-
ing section shall state the number and kind of
tables, pin or ball alleys, or nine or ten pin alleys,
'or the runways thereof to be licensed, and the
place of keeping the same. Upon the filing of such
application and upon payment into the town
treasury of the sum of six dollars per annum for
each and every such table, and the sum of ten
dollars for each and every pin or ball alley, or
ne
or ten pin alley and the runway thereof, specified
in said application, yearly licenses may be issued
thereon.
Sec. 202. Restrictions on minors, etc. —No person
licensed as provided in the two preceeding sections,
. shall permit any minor under the age of twenty -
Zile years to be and remain within in is plat he of
business, where such games are horde con -
shall prohibit drunkenness or any Y
duct within his place of business and shall keep
such place of business closed at all times commonly called
the first day of the week,
Sunday.
Sec. 2o3. Penalty. —Any person violating any
of the provisions of the three preceeding sections
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine in
any sum not less than ten dollars or more than
.ninety nine dollars.
;
is,
74 REVISED ORDINANCES
CHAPTER XX.
TAXATION.
Sec. 2o4. Basis of taxation. What subject to. —
The assessment made by the county assessor, and
that of the state board of equalization, as appor-
tioned by the board of county commissioners of
Grand County to the town of Moab, is the only
basis for taxation for this town. The assessment
of all property taxable as aforesaid and the collec-
tion of all general taxes levied for municipal
purposes in this town, shall be made in the manner
now or which may hereafter be provided by the
laws of the State of Utah for the assessment of
property, for the collection of taxes for county and
state purposes and the redemption from tax sales.
Sec. 2o5. Annual tax. —During the month of
July of each year, the board of trustees at a
regular meeting thereof, shall, by ordinance or
resolution, levy on all such property as shall be
subject to county and state taxes, an annual tax
for general corporation purposes, and such tax
shall, when so levied, constitute a lien on all such
property, and shall be collected as county and
state taxes are collected; provided, that all taxes.
for such purposes in one year shall not exceed one
fourth of one per cent on the assessed valuation
of the property so assessed, unless two-thirds of
the electors voting at a special election called for
that purpose, shall vote a larger per cent to be
levied; but in no case shall said tax exceed nor
electors be allowed to levy more than one half of
one per cent of the assessed valuation aforesaid
in one year.
MOAB TOWN 75
Sec. 2o6. Id. Certification. --At the time of
levying the taxes provided for in next proceeding
section, the board of trustees shall determine the
rate of the general town tax, levy the same and
shall certify the rate and levy to the county auditor
of the County of Grand, State of Utah.
Sec. 2o7. Town taxes, to whom paid. —The
general town taxes of this town shall be paid to
the county treasurer of Grand County, State of
Utah, upon whom is conferred by law the same
powers respecting the collection of town taxes and
the sale of delinquent property therefor as are
conferred respecting the collection of county and
state taxes. All general town taxe. levied and
assessed under the provisions of this chapter,
shall become due anddelinquent, and shall attach
to and become a lien on the real and personal
property assessed, in the same manner and at the
same time as state and county taxes; and all the
provisions of the laws of the state in aid of
assessing and collecting state and county taxes
are hereby made applicable to the assessment and
collection of all general town taxes of the town
of Moab.
CHAPTER %%I.
DOGS.
Sec. 208. To be registered. Annual tax. Penalty.
It shall not be lawful for any person to own or
keep a dog within the limits of this town without
making application to th'e town clerk for that
.•
a'
76 REVISED ORDINANCES
purpose, and paying to the town clerk for the
benefit of the town, an annual tax of two dollars
for female dogs and also one dollar for a male dog.
The clerk shall register the applicants name and
a description of the dog, and give to said applicant
a certificate of registry. Any person violating the
provisions of this section shall be deemed guilty
of a misdemeanor and upon conviction thereof
shall be punished by a fine in any sum not exceed-
ing ten dollars.
Sec. tog. Id. Collars to be numbered. —All dogs
so registered shall wear a suitable collar with a
metallic plate or check attached thereto, having
a number corresponding to the number of the
certificate of registry thereon, and all dogs not
registered and collared as aforesaid shall be liable
to be killed the same as unregistered dogs. The
town marshall is hereby authorized to kill, or cause
to be killed, all dogs not registered according to
the provisi ins of this chapter. The owners of
such dogs shall be liable as in Section 204
provided.
Sec. 210. To be registered on or before the first
day of February. —All dogs shall be registered for
the current year, as in this chapter provided, on
before the first day of February.
Sec. 211. Female dog in heat. —Any female
dog running at large within the limits of the town
while in heat shall be liable to be killed, whether
such dog shall have been registered or not.
Sec. 212. Permitting in place of worship. —Any
owner or possessor of any dog permitting the same
to enter or be in any ,place of worship during pub-
MOAB TOWN 77
lic service shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be li-
able to a fine in any sum not to exceed ten
dollars.
Sec. 213. Dangerous dogs at large. —If any
owner or possessor of a fierce, dangerous, or mis-
chievous dog permits the same to go at large
within the limits of the town, he shall be deemed
guilty of a misdemeanor and upon conviction
theref shall be punished by a fine in any sum not
to exceed twenty-five dollars, and the town mar -
shall immediately cause such dog to be killed.
' Sec. 214. Penalty for killing registered dog. —
Any person who shall kill, or cause to be killed,
any dog registered as in this chapter provided,
except a female dog in heat, or one actually en-
gaged in the commission of some dangerous or
mischievous act, without the consent of the own-
er or possessor thereof, or deprive a registered
dog of its collar, or put a registered tag n of a
any
dog not registered, shall be deemed guilty
misdemeanor and upon conviction thereof shall
be punished by a fine in any sum not exceeding
twenty-five dollars.
'CHAPTER XXII.
FOOD AND DRINK
Sec. 2i5. No meat, fish, fowl, bird or veget-
able, not being then healthy, fresh, sound, whole-
some and safe for human food, nor any meat or
. t ,
78 I;Evi n ORDINANCES
fish that died of disease or accident, shall be
brought within this town or offered or held for
sale in any public or private market as such food
anywhere in this town.
Sec. 216. Diseased cattle, etc. —No cattle;
sheep, or swine shall be killed for human food
while in an over -heated, feverish, or diseased con-
dition,.and no calf, pig or lamb, or the meat there-
of, shall be brought, held or offered for sale as
such food in the town of Moab which at the elate
of its death, being a calf, was less than eight
weeks old, or, being a pig, was when killed less
than four weeks old, or being a lamb, was when
killed less than six weeks old.
Sec. 2r7. Deleterious food and drink. --No per-
son, being the manager or keeper of any saloon,
hotel, boarding; house or lodging house, or being
employed as a clerk, servant or agent thereal ,
shall therein or thereat offer or have for food or
drink, or to be eaten or drunk, any deleterious or
unwholesome substance, nor allow anything there-
in to be done prejudicial to health.
Sec. 218. Milk, butter and cheese. —No person
shall have at any place where milk, butter or
cheese is kept for sale, nor shall at any place sell
or deliver, or offer or have for sale, or keep for
use, nor shall any person bring or send to the town
of .Moab, any unwholesome, skimmed, watered, or
adulterated milk, or milk from any diseased cow
or other animal, or any butter or cheese made from
any such milk, nor any unwholesome butter or
cheese.
NI OA II TOWN 79
Sec. 219. Water for drinking purposes.=No per-
son shall allow to run or pass into any water ditch
or pipe used for conveying water for culinary pur-
poses,•any animal, vegetable, or mineral substance
whatever, nor shall any person do or permit to be
done, having the right or power to prevent the
same, any aet or thing that will imperil the purity
or wholesomeness of any water or other fluid to be
used or designed as a drink in any part of this
town.
Sec. 220. Penalty for violation. —Any person
who violates, omits, neglects, disobeys, or refuses
to comply with any of the provisions of this chap-
ter, or resists any of the officers employed in the
enforcement of the provisions of this chapter,
•shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a line in
any sum not exceeding fifty dollars.
CHAPTER %%III.
CURFEW.
Sec. 221. Children not to be on the streets,
when. Penalty. —It shall be unlawful for. any pre -
son under fourteen years of age to be or remain in
or upon any of the streets, lanes, alleys, or public
places within the limits of this town at night after
the hole• of nine o'clock unless such person is ac-
companied by a parent, guardian or other person
having the legal custmll" of such minor persons, or
, is in the performance of an errand of duty dirceted
$Q REVISED ORDINANCES
by such' parent, guardian or other person having -
the care and custody of such minor person, or
whose employment makes it necessary to be upon
said street, alley, or other public place during the
night time after such specified hours. Any per-
son violating the provisions of this section shall,
on conviction, be fined in any sum not exceeding
five dollars for each offense, and shall stand com-
mitted until such fine is paid.
Sec. 222. Guardians, etc., not to permit. —It is
hereby made unlawful for any person, guardian,
or other person having the legal care and custody
of any person under the age of fourteen years, to
allow or permit any such child, ward or other per-
son under such age, while in such legal custody,
to go or be in or upon any of the streets, alleys or
public places in this town within the time prohib-
ited in Section22, unless there exists a reasonable
necessity therefor. Any person violating any of
the provisions of this section shall, on conviction,
be fined in any sum not exceeding ten dollars for
each offense, and stand committed until such fine
is paid.
Sec. 223. Marshal, etc., to arrest. —The town
marshal or any member of the police force is here-
by authorized to arrest, without warrants, any
person wilfully violating the provisions of Section
221, and to retain such person for a reasonable
time on which complaint can be made and a war-
rant issued and served. Provided, however, that
no child or minor person arrested under the pro-
visions of this chapter shall be placed in confine-
ment until they have first been taken home to as-
certain the parents wishes, and the pareflts shall
MOAB TOWN 81
have refused to be held responsible for the ob-
servance of the provisions of this chapter by said
minors.
Sec. 224. Duty of Justice of the Pecce.—It shall
be the duty of the justice of the peace, upon the
arrest of any child, or minor person, where the
parents or guardians have refused to become re-
sponsible for such minor person for violation of the
provisions of Section 221, to inquire into the facts
of such arrest and the conditions and circum-
stances of such child or minor person, and if it
shall appear that such child or minor person, for
want of proper paternal care, is growing up in
mendicancy or vagrancy, or is incorrigible, cause
the proper proceedings to be had or taken as auth-
orized and provided by law in such cases.
Sec. 225. Curfew signal. It shall be the duty
of the president to arrange for some proper cur-
few signal.
CHAPTER XXIV.
MISDEMEANORS
Sec. 226. Assault. —An assault is any unlaw-
ful attempt, coupled with a present ability, to
commit a violent injury on the person of another.
Every person who, within the limits of this
town, shall commit an assault upon the person of
another is guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine in any
sum not less than ten dollars and not more than
fifty dollars.
82 REVISED ORDINANCES
Sec. 227. Battery. —A battery is any willful
and unlawful use of force or violence upon the
person of another.
Every person who, within the limits of this
town, commits a battery upon the person of another
is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine in any sum not
less than ten dollars and not more than ninety-
nine dollars.
Sec. 228. Rout. —Whenever two or more per-
sons, assembled and acting together, may make
any attempt or advance toward the commission of
an act which would be riot if aetually committed,
such assembly is rout.
Every person who, within the limits of this
town, participates in any rout is guilty of a mis-
demeanor and upon conviction thereof shall be
punished by a 3ne in any sum not less than ten
dollars or more than fifty dollars.
Sec. tag. Riot.— Any use of force or violence
disturbing the public peace, or any threat to use
such violence, if accompanied by immediate power
of execution by two or more persons acting to-
gether and without authority of law, is a riot.
Every person who, within the limits of this
town, participates in any riot is guilty of a misde-
meanor and upon conviction thereof shall be pun-
ished by a fine in any sum not less than ten dollars
and not more than ninety-nine dollars.
Sec. 23o. Disturbing the peace. —Every person
who, within the limits of this town, maliciously
and wilfully disturbs the peace or quiet of any
neighborhood, family or person, by loud or unusual
MOAB TOWN 83
noise, or by tumultuous or offensive conduct, or
by threatening, traducing, quarrelling, challenging
to fight or fighting, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine
in any sum not less than ten dollars and not more
than ninety-nine dollars.
Sec. 231. Intoxication. —Every person found
drunk or intoxicated in any manner to endanger
the safety or offend the dignity or respect of the
people of 'this town, in or upon any street, alley,
highway, or public place within the limits of this
town, is guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine in any
sum not less ten dollars and not more than fifty
dollars.
Sec. 232. Gambling. —Every person who, witl - •
in the limits of this town, deals, plays, or carries
on opens or causes to be opened, or who conducts,
either as owner or employee, whether for hire or
not, any game of faro, monte, roulette, rondo, or
any game played with cards, dice, or any other
device, for money, checks, credits, or any other
representative value, and every person who plays
or bets at or against any such games, is guilty of
a midemeanor and upon conviction thereof shall
be punished by a fine in any sum not less than ten
dollars or more than fifty dollars.
Sec. 233. Bawdy houses. —Every person who,
within the limits of this town, keeps a house of
ill -fame, resorted to for the purpose of prostitution
or lewdness, or who wilfully resides in such a
house, or resorts thereto for lewdness, is guilty of
a misdemeanor and upon conviction thereof shall
81 REVISED ORDINANCES
be punished by a fine in any sum not less than ten
dollars or more than ninety nine dollars.
Sec. 234. Disorderly house. —Every person
who, within the limits of this town, keeps any
disorderly house or any house of public resort, by
which the peace, comfort, or decency of the
immediate neighborhood is habitually disturbed,
or who keeps any inn or boarding house in a
disorderly manner, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine
in any sum not less than ten dollars or more than
fifty dollars.
Sec. 235. Obstructing streets.—E very person
or group of persons who, within the limits of this
town, shall congregate upon or about any sidewalk,
stairway, or in front of any business house, dwell-
ing house, lecture room, theatre, church, or else-
where, and by so doing interfere with or obstruct
the free passage of any person or persons entering,
occupying, or leaving any such building or
premises, or by their language, conversation, or
conduct, annoy, insult, or disturb any person or
persons passing along any street or alley, or
occupying, residing, or doing busines in any such
place, house, or premises, is guilty of a misde-
meanor and upon conviction thereof shall be pun-
ished by a fine in any sum not less than ten dollars
or more than fifty dollars.
Sec. 236. Fast driving. —Every person who,
within the limits of this town, shall ride or drive
any horse or other animal immoderately, or shall
drive any horse or other animal attached to a
vehicle, in or upon any street, alley, or public
MOAB TOWN 85
ground, in a careless or reckless manner, tor at
such a rate of speed as to endanger life, limb, or
property, shall be deemed guilty of a misdemeanor.
and upon conviction thereof shall be punished by
a fine in any sum not less than ten dollars or more
than fifty dollars.
Sec. 237. Disturbing religious meetings. —Every
person who,within the limits of this town, wilfully
disturbs or disquiets any assemblage of people met
for religious worship, by profane discourse, rude
or indecent behavior, or by any unnecessary noise,
either within the place where such meeting is
being held, or so near it as to disturb the order
and solemnity of the meeting, is guilty of a
misdemeanor and upon conviction thereof shall
be punishedby a fine in any sum not less than ten
dollars or more than fifty dollars.
Sec. 238. Obscene literature, ctc.--Any person
who, within the limits of this town, shall
1. Offer for sale, sell, or exhibit, pass, give,
or deliver to another, an obscene, lewd, or
indecent book, pamphlet, picture, card, print,
paper, writing, mould, cast, or figure, or have the
same in his possession, unless for a lawful
cause; or
2. Appear in a public place naked, or in an
indecent or lewd dress; or
3. Make any indecent or obscene exposure
of his person, or urinate, or stool in any place open
to public view; or
4. .Indecently exhibit any stallion, bull, or
other animal; or
5. Utter or speak any obscene language; or
6. Write, print, draw, engrave, post up, or
"
8 6 R E V I S E D O R D I N A N C E S
i n s c r i b e a n y l e w d , o b s c e n e o r p r o f a n e p i c t u r e ,
w o r d , i n s c r i p t i o n , o r w r i t i n g , u p o n t h e w a l l s ,
d o o r s , o r f e n c e s o f a n y c h u r c h , s c h o o l h o u s e , o r
o t h e r p u b l i c o r p r i v a t e b u i l d i n g , o r a n y o f t h e
o u t - h o u s e s , c l o s e t s , o r s c r e e n s c o n n e c t e d w i t h a n y
s u c h c h u r c h , s c h o o l - h o u s e , o r o t h e r p u b l i c b u i l d -
i n g ; o r
7 . B e g u i l t y o f a n y l e w d , l a s c i v i o u s ; o r o t h e r
o p e n , o b s c e n e , o r i n d e c e n t c o n d u c t ; o r
8 . E x h i b i t s o r p e r f o r m s a n y i n d e c e n t , i m -
m o i a l , o r l e w d p l a y , o r o t h e r r e p r e s e n t a t i o n , i s
g u i l t y o f a m i s d e m e a n o r a n d u p o n c o n v i c t i o n
t h e r e o f s h a l l b e p u n i s h e d b y a f i n e i n a n y s u m n o t
l e s s t h a n t e n d o l l a r s a n d n o t e x c e e d i n g f i f t y
d o l l a r s .
S e c . 2 3 8 a . C o n c e a l e d w e a p o n s . E v e r y p e r s o n ,
e x c e p t a p e a c e o f f i c e r , w h o , w i t h i n t h e l i m i t s o f
t h i s t o w n , s h a l l w e a r o r c a r r y c o n c e a l e d u p o n h i s
p e r s o n a n y p i s t o l , r e v o l v e r , o r o t h e r f i r e a r m ,
s l u n g s h o t , o r o t h e r d a n g e r o u s o r d e a d l y w e a p o n ,
i s g u i l t y o f a m i s d e m e a n o r a n d u p o n c o n v i c t i o n .
t h e r e o f s h a l l b e p u n i s h e d b y a f i n e i n a n y s u m n o t
l e s s t h a n t e n d o l l a r s o r m o r e t h a n f i f t y d o l l a r s .
S e c . 2 3 9 . I n s u l t i n g f e m a l e s , e t c . A n y m a l e
p e r s o n , w h o , w i t h i n t h e l i m i t s o f t h i s t o w n , r u d e l y
o r i m p r o p e r l y f o l l o w s , p u r s u e s , l a y s h a n d s o n ,
m o l e s t s , i n s u l t s , o r i n s o l e n t l y s p e a k s t o o r a d -
d r e s s e s a n y f e m a l e p e r s o n , i s g u i l t y o f a m i s d e - ,
' m e a n o r a n d u p o n c o n v i c t i o n t h e r e o f s h a l l b e . p u n
i s h e d b y a f i n e i n a n y s u m n o t l e s s t h a n t e n d o l -
l a r s o r m o r e t h a n f i f t y d o l l a r s . "
S e c . 2 4 o . T h r o w i n g s t o n e s , e t c . A n y m a l e p e r -
s o n , w h o , w i t h i n t h e l i m i t s o f t h i s t o w n , ' s h a l l
M O A B T O W N 8 1
t h r o w a n y s t o n e , s t i c k , s n o w b a l l o r o t h e r m i s s i l e ,
w h e r e b y a n y p e r s o n s h a l l b e h i t , i n j u r e d , f r i g h t -
e n e d , o r a n n o y e d , o r a n y w i n d o w s h a l t b e b r o k e n , .
o r o t h e r p r o p e r t y i n j u r e d o r d e s t r o y e d , i s g u i l t y
o f a m i s d e m e a n o r a n d u p o n c o n v i c t i o n t h e r e o f
s h a l l b e p u n i s h e d b y a f i n e i n a n y s u m n o t l e s s
t h a n t e n d o l l a r b o r m o r e t h a n t w e n t y - f i v e d o l l a r s . "
S e c . 2 4 1 . V a g r a n c y . E v e r y p e r s o n , e x c e p t
a n I n d i a n , w i t h i n t h e l i m i t s o f t h i s t o w n , w i t h -
o u t v i s i b l e m e a n s o f l i v i n g , w h o h a s t h e p h y s i c a l
a b i l i t y t o w o r k a n d w h o d o e s n o t f o r t h e p e r i o d o f
t e n d a y s s e e k e m p l o y m e n t , n o r l a b o r w h e n e m -
p l o y m e n t i s o f f e r e d h i m ; e v e r y h e a l t h y b e g g a r
w h o s o l i c i t s a l m s a s a b u s i n e s s ; e v e r y p e r s o n w h o
r o a m s f r o m p l a c e t o p l a c e w i t h o u t a n y l a w f u l b u s -
- i n e s s ; e v e r y i d l e o r d i s s o l u t e p e r s o n , o r a s s o c i a t e
o f r e n o w n t h i e v e s , w h o w a n d e r s a b o u t t h e s t r e e t s
a t l a t e o r u n u s u a l h o u r s o f t h e n i g h t , o r w h o
l o d g e s i n a n y s h o p , b a r n , s h e d , o u t - h o u s e , v e s s e l ,
o r p l a c e o t h e r t h a n s u c h a s i s k e p t f o r l o d g i n g
p u r p o s e s , w i t h o u t t h e p e r m i s s i o n o f t h e o w n e r o r '
p a r t y e n t i t l e d t o t h e p o s s e s s i o n t h e r e o f ; e v e r y
l e w d a n d d i s s o l u t e p e r s o n w h o l i v e s i n a n d a b o u t
h o u s e s o f i l l - f a m e , a n d e v e r y c o m m o n p r o s t i t u t e a n d
c o m m o n d r u n k a r d , i s a v a g r a n t a n d p u n i s h a b l e b y
i m p r i s o n m e n t i n t h e t o w n j a i l n o t e x c e e d i n g
t w e n t y - f i v e d a y s .
S e c . 2 4 2 . H i t c h i n g h o r s e s t o t r e e s . E v e r y p e r -
s o n w h o s h a l l h i t c h , f a s t e n , o r s e c u r e a n y h o r s e ,
m u l e , a s s , o r o t h e r a n i m a l t o a n y o r n a m e n t a l o r
s h a d e t r e e , o r b o x o r g u a r d a r o u n d a n y s u c h t r e e ,
i n a n y o f t h e s t r e e t s , a l l e y s , o r p u b l i c g r o u n d s
w i t h i n t h e l i m i t s o f t h i s t o w n , i s g u i l t y o f a m i s -
d e m e a n o r a n d u p o n c o n v i c t i o n t h e r e o f s h a l l b e
88 REVISED ORDINANCES
punished by a fine in any sum not less than ten
dollars or more than twenty-five dollars.
Sec. 243. Destroying monuments, trees, etc. —
Every person, not the owner thereof, who
willfully injures, disfigures, or destroys any monu-
ment, world of art, or useful or ornamental im-
provement within the limits of this town, or who
digs up or cuts down, or otherwise injures or de-
stroys any shade tree or ornamental plant growing
upon any of the streets, sidewalks, squares, or
public grounds, within the limits of this town, is
guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine in any sum not
less than ten dollars or more than ninety-nine dol-
lars.
Sec. 244. Defacing or destroying official notices,
etc. —Every person who intentionally defaces, ob-
literates, tears down, or destroys any copy or
transcript, or extract from, or of, any law of the
United States, or of this state, or of any ordinance
of this town, or any proclamation, advertisement,
or notification sent up at any place within the lim-
its of this town, by authority of any law of the
United States, or of this State, or any ordinance of
this town, or by order of any court or of any pub-
lic officer, before the expiration of the time for
�h the same was to remain set up, is guilty of
a misdemeanor and upon conviction thereof shall
be punished by a fine in any sum not less than ten
dollars or more than fifty dollars.
Sec. 245. Riding horses etc. upon sidewalk. —
Every person who, within the limits of this town,
shall ride, drive, or lead any horse, mule, or othet
MOAB TOWN 89
animal upon any sidewalk, except for the purpose
of entering or leaving a town lot, or over or upon
any footbridge, or who shall stop or hold any ve-
hicle or team upon any street crossing or cross-
walk, so as to impede or interfere with the free
use of the same, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine
in any sum not less than ten dollars or more than
than fifty dollars.
Sec. 246. Prostitution, keeping or renting a house
for. --Any person within the limits of this town,
First --Who is the owner of any building or
tenement, the whole or any part of which is used
for the purpose of prostitution or lewdness, or has
control of such building or tenement as agent,
guardian, or lessee of such owner, or as the agent
of such guardian or lessee, and after notice of such
improper use of such building or' tenement shall
fail to suppress the same by removing therefrom
the occupants thereof; or
Second —Who lets any building or tenement,
knowing that the lessee intends to use the same or
any part thereof for the purpose of prostitution or
lewdness, or harbors or keeps about his or her
private premises any strumpet or prostitute,
knowing the same to be guilty of following a lewd
course of life therein; shall be guilty of a misde-
meanor and upon conviction thereof shall be pun-
ished by a fine in any sum not less than ten dollars
or more than ninety-nine dollars.
Sec. 247. Taking weapons and tools to prisoners.
—Any person who shall take into the town jail, or
such other place as may be provided by the town
90 REVISED ORDINANCES
for the incarceration of offenders, or deliver to any
person therein confined, on in the custody of any
officer of such jail or other place, any weapon,
tool, intoxicating drink, or other article, or at-
tempt so to do, without the consent of the officer
in charge, is guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine in
any sum not less than ten dollars or more than
ninety-nine dollars, or by imprisonment not ex-
ceeding three months, or by both such fine and
imprisonment.
Sec. 248. Escape of prisoners. —Any person
convicted of any offense against the ordinances of
this town, and in lawful custody therefor, who
shall escape from such custody, shall be deemed
guilty of a misdemeanor and upon conviction
thereof shall be punished by . a fine or imprison-
ment not exceeding the original punishment.
Sec. 249. Fines and imprisonment. Justice of
the peace. —To inforee the provisions of these or-
dinances, all actions brought to collect any fine or
to enforce any penalty under any ordinance of this
town, shall be brought in the corporate name of
the town as plaintiff, and prosecuted before the
justice of the peace of any precinct in which this
town is situated.
Sec. 25o. Practice. Appeals. —The rules of
practice and the mode of procedure in all actions
arising under any of the provisions of these ordi-
• 'lances shall be to the same as are or may be pre-
scribed for justice's courts in like cases. All ex-
penses incurred in prosecutions for the recovery
of any fine, forfeiture or penalty shall be paid by
MOAB TOWN 91
the town, and all fines and forfeitures when col-
lected shall be paid by the justice of the peace, or
other officer collecting the same, into the town
treasury on or before the last day of each and
every month. From all final judgments arising
under any of the provisions of these ordinances
an appeal may be taken by either party in civil
cases, or by the defendant in a criminal case, to
the district court of the county, in the manner
provided by law for appeals from justice's courts
in similar cases.
Sec. 251. Imprisonment at labor. —Every person-L.--
upon upon whom any fine or penalty shall be im d!'f`
under the provisions of any ordinance of this town,
shall, upon the order of the court before whom the
conviction is had, be committed to the town jail,
or to such other place as may be provided by the
town for the incarceration of offenders, until such.
fine or penalty shall be paid, and every person so
committed shall be required to work for the
corporation, under the direction and supervision
of the town marshall or his deputies, or • the
supervisor of streets, at such labor as his strength
will permit, not exceeding eight hours each
working day, and for such work the person so
employed shall be. allowed one dollar for each days
work on account of such fine.
92 REVISED ORDINANCES
CHAPTER XXV.
SALARIES AND FEES.
Sec. 252. Salaries, when Sxed.—The boat of
tale -tees shall, biennially, at a regular meeting
thereof held at least two months prior to the
election for te3w$ officers, fix and determine the
salaries of thetown officers for the two years next
ensuing; provided, that the salaries of such officers
shall not be affected for the term for which they
were elected and shall have qualified; provided,
further, that the salaries already fixed shall
remain in force unless changed as provided in
this chapter.
Sec. 253•
the elective
are hereby
respectively:
President. .
Trustees, each
Clerk
Treasurer..
Marshall
Attorney ....
Supervisor of streets, for time actually
engaged, per day .. $ 2.50
Poundkeeper, twenty cents per head on all
stool-' " 3eived and one-half of all other fees.
. Sexton, for time actually engaged, per day
.... ... .....$3.00
Surveyor, for time actually engaged, per day
.. ... $4.00
Special policemen, each, for time actually
Id. Amount. —The annual salaries of
and appointive officers of this town
fixed at the following amounts
$ 10.00
.$ 10.00
$100.00
$ 40.00
$600.00
.. $ 50.00
MOAB 'TOWN
98
engaged, per day .. $2.00
BOARD OF HEALTH
Health officer, per annum . $25.00
Each member, other than health officer, per
day, for time actually engaged... $1.00
Sec. 254. Id. When paid.— The salaries of all
tower officers shall be paid monthly out of the
general fund of the town and shall be in full com-
pensation for all services of every kind and de-
scription of the officers named herein: provided,
that all officers shall receive, in addition to their
salaries, their actual and necessary expenses in-
curred in the performance of their official duties;
provided, further, that an itemized statement shall
be made and filed with the town clerk, which stat-
ment shall show in detail the expenses so incurred
and shall be subscribed and sworn to by the offi-
cer claiming such expenses; and provided, further,
that the board of trustees shall not authorize the
payment of the salary of any town officer for any
month unless satisfied that such officer has made
the settlement and performed all the other duties
of his office as required by law and the ordi-
nances of this town.
Sec. 255. Fees. Poundkeeper.—The pound -
keeper shall collect the following fees:
For taking into his possession any animal, or
animals, if found together, fifty cents.
For driving such animal or , animals, each
mile, ten cents.
For advertising, including mailing and post-
ing notices, one dollar.
For each bill of sale, including filing copy
94 REVISED ORDINANCES
with clerk, fifty cents, provided, that all animals
sold to one person shall be included in one bill of
sale.
For branding, twenty-five cents for the first,
and ten cents for each additional animal.
For selling animals, five per cent of the
amount of the sale.
For keeping animals, a reasonable sum, to be
determined by the board of trustees from time to
time and regulated by the market price of forage
and pasturage at the time the animals are kept.
Sec. 256. Id. Sexton. —The sexton shall col-
lect from those requiring his services the follow-
ing fees:
For furnishing and staining a plain coffin per
foot, running measure, .one dollar.
For digging grave four feet in length and
under, two dollars.
For all graves over four feet in length, three
dollars.
All graves shall not be less than five and one-
half feet in depth, and the foregoing fees shall
include the replacing of the earth in the graves
dug by the sexton.
For carrying coffin to any part of the town,
per mile or fraction thereof, fifty cents.
For furnishing and erecting head and foot
' ^..; us, one dollar.
For describing the boundary of any lot,
twenty-five cents.
For conveying the dead from any part of the
town to the burying ground, two dollars and fifty
cents.
For recording as required by the provisions of
MOAB TOWN 95
chapter XV of these ordinances, twenty-five cents.
Sec, 257. Id. Surveyor. —The surveyor shall
collect from those requiring his services the fol-
lowing fees:
Per day, four dollars, for part of day, per.
hour, fifty cents.
Sec. 258. Id. Justice of the Peace. —The jus-
tice of the peace shall be allowed in all matters re-
quiring. his services the same fees as are now or
hereafter may be allowed by the laws of this state
in similar cases.
Sec. 259. Jurors in justice's court, per diem and
milage.—Every juror in the justice's court who
is sworn to try any cause arising under any of the
provisions of these ordinances, and every juror
serving at an inquest, is entitled to one dollar and
fifty cents per day, and for each mile actually
travelled in attending court or an inquest, in going
only, twenty cents.
Sec. 26o. Id. Witnesses. —Witnesses in the jus-
tice's court in any matter arising under the provi-
sions of these ordinances, and those attending on
inquests arising under the provisions of these or-
dinances, and those attending on inquest when
legally required to attend, are entitled to one dol-
lar per day, and for each mile travelled, in going
only, twenty cents.
REVISED ORDINANCES
CHAPTER %%VI.
CLAIMS AND WARRANTS
Sec. 26z. Form. Time of presentation. —All
claims against the. town for damages or injury al-
leged to have arisen from the defective, unsafe,
dangerous or obstructad condition of any street,
alley, crosswalk, sidewalk, culvert or bridge with-
in the limits of the town, or from the negligence
of the town authorities in respect to any such
street, alley, crosswalk, sidewalk, culvert or
bridge, shall within ninety days after the happen-
ing of such injury or damage, b3 presented to the
board of trustees, in writing, signed by the claim-
ant or by some authorized person, and properly
verified, describing the time, place, cause and ex-
tent of the damage or injury; the board of trustees
shall within ninety days thereafter, audit and al-
low or reject such claim. Every other claim against.
the town must be presented to the board of trus-
tees within one year after the last item of the ac-
count or claim accrued. Such claims must be ver-
ified As to their correctness, by the claimant or hia
--..,orized agent. If the board of trustees shall
refuse to hear or consider a claim because not
properly made out, notice thereof shall be given
to the claimant, and sufficient time allowed him to
have the claim properly itemized or verified. •
Sec. 262. Id. Allowance or rejection. —When
the board of trustees shall find that any claim pre-
sented is not payable by the town, or is not a
proper town charge, it must be rejected. If it
is found to be a proper town charge, but greater
MOA11 TOWN 97
in amount than is just ly due, the board of trus-
tees may allow the claim in Dart and may order
a warrant drawn for the portion allowed. If
the claimant is unwilling to receive such amount
in full payment, the claim may again be con-
sidered by the board of trustees. If the trustees
find that the claim is a proper 2harge against
the town, it shall allow the same and order a
warrant drawn for the amount.
Sec. 263. Officers not to advocate the claims of
others. —No town officer shall, except for his own
services, present any claim, account or demand
against the town, nor in any way advocate the
relief asked in the claim or demand made by an-
other.
• Sec.264. Paid in order. —Warrants drawn
by order of the board of trusteek on the town
treasurer for any purpose whatsoever during each
year, roust specify the liability for which they are
drawn, when such liability accrued, and the fund
from which such warrants are to be paid. All
such warrants must be paid in the order of pre-
sentation to the town treasurer.
If the fund on which any warrant is drawn is
insufficient to pay such warrant at the time it is
presented for payment, it roust be registered, and
thereafter paid on the order of registration.
Sec. 265. I¢. Certification of. —The town clerk
shall endorse a certificate upon every bond, war-
rant, or other evidence of debt, issued pursuant to
law by him, that the same is within the lawful
debt limit of the town and is lawfully issued. He
shall sign such certificate in his official character.
98 REVISED ORDINANCES
CHAPTER XXVII.
ORDINANCE NO. 9, TOWN OF MOAB, UTAH.
Ordinance No. 8, granting; a franchise to J. N.
Corbin, his heirs and assigns to construct, main-
tain and operate telephone, electric light and
power lines in the '.Down of Moab, Utah.
The board of trustees of the town of Moab,
Utah, do ordain as follows:
Section 1. That permission and authority be
and are hereby granted to J. N. Corbin, his heirs
and assigns, hereinafter called the grantee, to con-
struct, main twin and operate telephone, electric
light and power lines in the town of Moab, to
erect neces sary poles for such lines in the
• streets of Moab, subject to the supervision and
satisfaction of the street supervisor of said
town; that the grantee hereunder shall have the
exclusive right to maintain such lines and operate
them in the corporate limits of sod town for a
period of twenty years.
Section 3. That the rates charged for the
telephone service shall not exceed the rates
charged for like service in any town of the State
of Utah. •
Section S. That the grantee hereunder shill
commence the construction of said lines within
three months from the date of the passage of this
ordinance and shall continue the construction of
said lines as necessity demands with reasonable
diligence.
Section 4. Said grantee for• the year 1904 and
for each and every year thereafter during thb
NIOAB TowN 99
period of.the life of said franchise shall pay into
the treasury .of the town of Moab, for the use of
said corporation an annual license tax of ten dol-
lars. And in further consideration of the granting
of this franchise said grantee shall pay all costs of
the publication of this ordinance.
Sec. 5.—This ordinance shall go into effect
fifteen days after its publication.
Passed May 18th, 1003.
H. G. GREEN, President.
Attest: JAMES W. STARK, Clerk,
(SEAL.)
AN ACCEPTANCE
of a telephone, electric light and power line franchise.
ACCEPTANCE OF TOWN OF MOAB FRANCHISE
To the Honorable Board of Trustees of Town of
Moab, Utah.
I hereby accept the terms under which the
franchise and privileges granted under ordinance
No. 8 of the Town of Moab are given.
(Signed,) J. N. CORBIN.
100 REVISED ORDINANCES
CHAPTER XXVIII.
RESOLUTIONS, CONTRACTS, AND FRANCHISES OF
THE TOWN PERPETUATED•
Sec. 266. Resolutions, etc., perpetuated. —All
franchises, resolutions, grants, and contracts of
the town in force and effect when these Revised
Ordinances are passed and approved, and not re-
pugnant to the provisions thereof, are hereby per-
petuated and continued in full force and effect un-
til the same shall expire by limitation or shall be
expressly repealed.
Passed by the board of trustees of the town of
Moab, Grand County, State of Utah, on the 8th
day of February, A. D., 1904.
Approved and signed by the president on the
8th day of February, A. D., 1904.
H. G. GREEN,
President.
Attested: .TAMES W. STARK, CLERK.
4
MOAII TOWN 101
CERTIFICATE OF AUTHENTICATION.
STATE OF UTAH,
COUNTY Ol` GRANI), SS.
TOWN OP` MOAN. )
I, James W. Stark, clerk of the town of Moab,
Utah, do hereby certify that the foregoing revised
ordinances, containing twenty-eight chapters and
sections numbered from 1 to 266 consecutively,
published in this volume, beginning on page 1 and
ending on page 100, is a full, true and correct copy
of the original revised ordinances Massed by the
board of trustees of the town of Moab, Utah, on
the 8th day of February-, A. D. 1904, now on file in
any office.
That the said revised ordinances were duly
passed by said board of trustees of Moab, Utah,
on 'said 8th day of February, A. D., • 1904, by the
unanimous vote of said board of trustees as fol-
lows: Yeas, four; nays, none; that each member
of said board of trustees was present at said meet-
ing and upon roll call voted in favor of the passage
of said revised ordinances; and that the said re-
vised ordinances were duly approved and signed
by the president of said Moab on said 8th day of
February, A. D. 1904.
'Phat all the ordinances published in this vol-
umne were officially published by authority of said
board of trustees of said Moab, Utah, on the 25th,
day of March, A. D. 1904.
In testimony whereof I have hereunto set my
hand and affixed the corporate seal of said Moab,
Utah.
Done at my office in said Moab, Utah, this
7th day of April, A. D. 1904.
JA M I.$ W. STARK,
Town Clerk, Moab, Utah.
INDEX
TO REVISED ORDINANCES.
ACCOUNTING,
monthly
ANIMALS,
ASSAULT,
ATTORNZY,
81{CTION
9
(see pound and poundkeeper).
impounded 104
notice of sale of 106
sale of.. . .. 107
bill of sale of 107
owner to pay costs 107
running at large to be impounded 110
taking from proper custody, penalty 111
dead, nuisance 163
report 90
defined 226
a misdemeanor 226
appointive officer 70
neglect of duty 46
office of created 87
duties 88
act as legal adviser 88
prosecute and defend actions 88
to give opinion in writing to town officers89
keep docket 90
report 90
ATTORNEY —Con.
attend meetings of board of
pay money into treasury
salary of
AUCTIONEERS,
to obtain license 178
not to obstruct streets 179
BATTERY,
defined 227
a misdemeanor 227
BEDDING,
infected not to be sold 141
BILLIARD TABLF,S,
license for 200
BIRTHS,
to be reported to board of health 154
BONDS.
of officers 22
amount of.... 23
where filed 24
BRIBERY, ;
contracts obt: ed by, void 49
penalty 49
CARPETS,
to be removed, `when 148
CEMETERY,
(See sexton)
description of 113
sale of lots 114, 116
burials to be in 119
special fund for 117
plat of 120
property, injuring, penalty 121
form of 261
time of presentation 261
to be certified... 261'
allowance of .262
rejection of ,262
CLAIMS,
SRC.
trustees 90
90
253
88C.
CLAIMS —Con. trustees not to advocate 47 47
officers not to advocate
263
CLERK,
appointive officer
20
42
to keep journal 46, 66
neglect of duty 51
office, where 51
keep records
may appoint deputy
52
53
keep plats, etc
record ordinances, etc .............................. 55
publish ordinances, etc.. ... 56
countersign contracts .............................. duties in relation to finance .............. 7
....•••• 55
keep list of outstanding bonds .................:::: 59
report annually ...................................
61
keep accounts 61
audit accounts, etc ............................:
record contracts ....................................
2 6262
certify warrants ............... 64
certify claims to treasurer ................... 65
financial statement, make ........... ......:::::'..
receipt to treasurer ........................ 70
file notice of sale of animals. .. • • • • • . • • . • . . • 170
106
file copy of bill of sale of animals ....... ... • • furnish blanks to board of health..... ••••.......156
keep record of licenses.. ......................, 1 56
73
190
issue license for sale, etc. of intoxicating liquors...
register dogs 208
253
salary of.
CONTRACTS, 35
• signed by president 56
countersigned by clerk 62
recorded by clerk 45
unlawful, void
officers not to be interested in.. • • • • 9
obtained by bribery, void
z
CURFEW,
DEATHS,
S$c.
children not to be op streets, when 221, 222
penalty 221
marshal to arrest223
signal
to be reported to board of health
225
155
DISEASE,
( See board of health )
contagious, duty of person in charge of...... 149
DISINTERMENT,
under direction of sexton
DOGS,
118
to be registered 208
when 210
annual tax on 208
penalty for not registering . 208
registered to wear collar 209
collars to be numbered... .... 209
female in heat, not to run at large 211
permitting in place of worship, a misdemeanor, 212
permitting dangerous to run of large, a misdemeanor 214
killing registered, a misdemeanor 214
DRUGISTS,
to obtain license 181
ELECTIONS,
when held 18
how held 19
FEES,
of poundkeeper
of sexton
255
258
of surveyor. 257
justice of the peace 258
jurors in justice's court 259
witnesses 260
FINES AND IMPRISONMENT 249
FOOD AND DRINK,
sale of unwholesome prohibited 215
diseased cattle, etc., not to be killed for216
FOOD AND DRINK --Con. euc..,i7
deliteration8, not to be offered
not to be kept where but-
ter offered for ►sle218
sale of, penalty 220
water to be protected 219
FUNERAL, 151
public prohibited, when,
GAMBLING,
a misdemeanor sub. 2, 195, 232
HAWKERS, 182
to obtain license
pay for in advance183
HEALTH, BOARD OF, 127
creation of 20
appointive officers
duties and powers • • • • • • • "
128
abate nuisances 128
supervise sanitary condition of town 128
maintain quarantine... 128
enforce health laws 129
keep record of proceedings..... • • • • 129
report to board of trustees
129
supervise sanitary condition of
schools 130
exclude from school person affected
sub. 1 130
inspect school buildings ...sub. 2130
remedy faulty condition of school
buildings 131
prohibit public meetings, when132
inspect premises when 133
cause privy valults to be disinfected 134
when
adandoned, when 134
contagious diseases to be reported to 135
establish quarantine
136
disinfect premises, when138
issue permits 140, 144, 147
HEALTH, HOARD OF —Con.
supervise disinfection, 143, 138, 141
150,
duty in relation to contagious dis-
Sue.
152
ease
births, to be reported to
deaths, to be reported to
expenses, to be allowed
salary of
153
154
155
157
253
HEALTH LAWS,
penalty for violation of
HEALTH OFFICER,
159
physician, when practicable
supervise disinfection 128, 142
duties, failing to perform, penalty... 128
report to State Board of Health 129
give notice to abate nuisance 169
ascertain cause of nuisance 170
salary of. ... 253
HOUSE;,
bawdy, keeping, a misdemeanor
disorderly, keepingt, a misdemeanor
IMPRISONMENT,
( See fines and imprisonment )
at labor
INITIAL POINT, '
location of
INTOXICATING LI( MORS,
license necessary to dispose of. 186
127
223
234
251
application for
bond for
liability on bond 199
manufacturer of, defined. 187
wholesale dealer of, defined1°7
retailer dealer of, defined 187
license for sale of, board of
trustees to grant 189
15
186, 188
188
certificate of
190 ;
revocation of 191
INTOXICATING LIQUORS —Con. Sic,amount of 192
selling to female in wine room
a misdemeanor 193
insane person a misdemeanor
on Sunday, a misdemeanor .. • •
sub. 1, 195
without a license,a misdemeanor 196
on election days a misdemsanor 197
JUSTICE) OF THE PLACE,
duty when child arrested....... 224
voilationa of ordinances pros-
ecuted before 249
practice before 250
appeals from judgment of....:25
fines, etc., collected by.......
salary of 258
144
not to wash infected articles. ..••••••••.
doing business without; unlawful......... ,,... 1
1717
to be paid in advance........ . • • • . • ...... . , . , 172
application for.... ........ ... 173
president to sign............ ... 173
record of ............................... ... 174
to contain what........ .•••••- ... • 174
tignable ............................
LAUNDRY,
LICENSES,
no ass ..... 175
no rebate on, exceptions....... ....
riot to be issued for period less than one year,
,,,,,•.. 176
when ............................... ]77
doing business without, penalty................
78
auctioneers to obtain ..... • • • • • • • • • ... • •,,,,,, 1178
80
merchants, etc. to obtain............ 180
amount of ........................... 181
druggists, to obtain .................••••' amount of .............. ..... ..181
... 18
peddlers, etc., to obtain ....................
to pay in advance ...............•.. . 183
amount of....... • .
.... ......... 1
LICENSII)S—Con. SRC.
miscellaneous 185
amount of 185
for sale of Intoxication liquors 186
( see intoxicating liquors )
billiard tables
application for
amount
MARSHAL,
200
201
201
appointive officer 20
neglect of duty 46
office of created 78
may appoint deputy 79
powers and duties 80
attend meetings of board of trustees 80
execute orders of board of trustees 80
preserve the peace 80
arrest offenders 80, 81
may require aid of bystanders 82
take property from person arrested 80
keep accounts 82
pay money into treasury 82
receipt for property 83
keep register of arrests 84
duties as jailor 86
abate nuisances 86, 165
report to board of trustees 86
impound cattle running at large 110
report nuisances 167
abate nuisances 165
to kill unregistered dogs 209
to arrest child when 223
salary of 253
MEETINGS,
of.board of trustees 40
special 41
refusing to attend 40
disturbing religious, a misdemeanor 237
MERCHANTS, ' SRC.
to obtain license 180
MINORS,
frequenting saloons, a misdemeanor 237
not to be in billiard hall 202
permitting in billiard hall penalty 203
MISDEMEANORS,
injuring cemetery property 116
health officer, failing to perform duty128
physician failing to disinfect typhoid ex-
creta 139
selling, elc., infected bedding........ 141
conveying infected persons 142
renting infected premises 143
violating health laws 158
refusing to abate nuisance 169
selling liquor to female in wine rooms197
on election days
to insane peraon 194
on aundaya sub. 1,.... 195
without a license 196
gambling sub. 2,....195 232
permitting dancing, etc., in saloon, sub. 3, 195
minors, frequenting saloon 198
failing to register dog 208
permitting dog in place of worship..,212
dangerous dog to run at large 215
killing registered dog 214
selling unwholesome food .` 22.0
assault 226
battery 227228
rout
riot 229
disturbing the peace 230
intoxication 231
keeping bawdy house 233
disorderly house 234
obstructing atreeta 235
fast driving 236
t
i
MISDEMEANORS --Con. 88C.
disturbing religious meetings 237
obscene literature, etc 238
concealed weapons, carrying 238a
insulting females 239
throwing stones 240
vagrancy 241
hitching horses to trees 242
destroying monuments,. etc 243
destroying notices, etc 244
riding horses upon sidewalk 245
prostitution, keeping or renting house for 246
taking weapons to prisoners 247
escape of prisoners 248
NUISANCES,
defined 159
stable, etc., when 260 .
unclean drain, etc 161
vegetable waste, etc 162
dead animals 163
offensive matter, etc 164
trees, when 165
marshal to report 167
neglecting to abate, a misdemeanor 169
health officer to ascertain cause of 170
being author of, penalty 168
notice to abate 160
OFFENSES,
OFFICERS,
not affected unless mitigated
4
to report annually 10
when appointed 11
to complete business to end of term 12
elective, who are 18
when elected 18
terms of 18
,
appointive, who are 20
when appointed 20
S>tc.
OFFICERS —Con.
21
terms of ........................ .. 2Z
oath of .....................
.................
bond of ........................................
................. 22
removal of, elective ... :.......................
�
appointive .........................
... proceedure ......................... 27
of elective.... ..•••••••••�' 29
vacancies in office �
appointive .............
abaenting himself from town .................. 31
45
charged with notice of condition of treasury.... 46
neglect of duty ..................... •.• 48
not to be interested in contracts • • • • • ' ' '.. 49
not to accept bribe....... •
..
ORDINANCES,
PEACE,
Revised take effect when........ 12
repeal of existing ................•: 3
exceptions... . .•
13
enacting clause ..••••••••••• 42
for passage.... ............
vote necessary �
to be published or posted ...................
disturbing, a misdemeanor............
PEDDLERS,
to obtain license ............. .... ............ 182
pay for in advance............ 183
PERMITS ......... 118
to bury �... ..............
........................
PERSONS, •
infected, not to be brought into town..... • • • • •' • 152
PHRASES, , , , , , , .5, 6
how construed.......... .
..............
PHYSICIAN, 139
typhoid excreta.....• ••••••
to disinfect typ . • • , , , 154
to report births ......................... ..... 15
deaths...........
..............
POLL TAX, 96
what is.. • . .......................
96
who liable for .....•.••••••••
4�
(-
f 4'�PR$SIDENT,
"libilitew•em+-.
POLL TAX—C,on. Ssc.
expenditure of. . 97
list of, how made 98 •
notice to work 99
delini;uent, payable in money 100
may be paid in money 101
receipt for 101
POUND, ( see Poundkeeper )
established 104
POUNDKEEPER,�
appointive officer 20
neglect of duty 46
office of created 104
duties of 105
receive animals 105
give notice of sale of impounded animals 106
file copy of notice with clerk 106
form of notice 106
to sell impounded animals 107
give Wei of sale • 107
file copy of bill of sale with clerk 107
keep record of impounded animals 108
record, what to contain 108
proceeds of sale of impounded animals,
account for i 109
reports of .:7 112
salary of 253
fees collect byi; • 255
elective officer) ' 18
to report annually 10
vacancy in office of 28, 29
chief executive of town.;,. 33
pro,tejnpore .r 34
t lign ordinances, etc 35
iiTy examine book 36
duties of 'r' 37
neglect of duty 46
execute deeds to cemetery lots 114
i
•
esc.
PRICSIDENT—Con.
173
sign licenses .................... 253
salary of
QUARANTINE,
RRPORTS,
board of health to establish 136
13
137, 140
maintained
time of removal of warning sign to be reported to
d to 146
board of health
monthly
deferring action on '
RIOT,•
.............. 229
.................
defined. ..............................................
229
amisdemeanor ..................
ROUT, defined ................. ....
.......................... 228
a misdemeanor......
SALARIES, (See Fees) when fixed ............................. 2
253
252
amount of . 254
when paid.
SEAL,
corporate
SEXTON, (See Cemetery ) appointive officer . • ,
„114, 120
15
duties ............................... neglect of duty 1 46
6
to act under directions of board of trusteda • • • .. 14
114
attend interments 115
keep register
what to contain........ • • • • 115116
sell cemetery lots 118
supervise disinterment. 122
reports of 253
salary of .56
,i.r fees collected by
i..,
10
44
14
SPECIAL POLICEMEN; Sec.
salary of 253
STABLE,
nuisance when 160
STREETS,
include what 7
names of 16
obstructing, a misdemeanor 235
SUPERVISOR OF STREETS,
supervise expenditure of poll tax97
to collect delinquent poll tax 100
may receive poll tax in money 101
receipt for poll tax 101
keep stub receipt books 101.
deliver receipt books to clerk 101
annual report of 102
what to contain 102
reports of 102, 103
salary of 253
SURVEYOR,
appointive officer 20
office of created 123
duties of 124
neglect of duty 46
file maps in clerk's office 124
determine boundaries, etc 125
reports of 126
pay money into treasury 126
salary of 253
tees collected by 257
TAXATION,
204
• basis of
what subject to 204
annual tax. when levied 205
certification of levy 206
. .
to whom paid 207
TREASURER,
appointive officer 20
i
neglect of duty 46, ,77
6,7
office where
•
f..;;
t-
, to, 04 , ,
e '''t• •
• ' •
••• • 4 P
TREASURER —Con.
may appoint' deputy
receive moneys, etc
with clerk
ey. •
is
' 71
73
•
• 74
75
keep registry of warrants 76.
malconduct, penalty 77
salary of • • • 353
TREES,
shade
a nuisance when
TRUSTEES,
17
165
elective officers
meeting of board
quorum
refusing to attend meetings
18
special meetings of
voting of
reconsideration of vote
to defer action on reports
neglect of duty
no rcateclaims of others
•P•r*O• r
' • inter
- not to hold. area
.accepting bri
"
to levy annual tax
certify levy to county auditor
in contracts
office
, penalty
40
.41
43
44
46
47
253
48
So
49
205
206
VACANCIES,
in office of elective officer 28, 29
appointive officer. 30
officer absenting himself from town, office be-
comes vacant 31
how filled 32
• 1,•••-iFirj.,.,.
.' • 41'..,..4.,.• •`471fi,f.••:*:.(,.7"
-,-.•• ' i.' ; '34; ';:, :40i- - ' '1:(41r ? .4;•'''PS: AO
it''' 44.... • . : :•:: ........ •.„. • 7 '" - - ....':;''', )• • ' ' V. ''
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•;',.. : , • .1,f . ' • , -4:0 .. - - i'. ••• 1
"... :':•.,,,,,I ,.;i.11,41
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.4•4 _•,__. ' 4"• • • ••••••••- •' • . "• ; •• . ••-i;••'";;'-:
, VAGicANOY,' ' . ,' ' ' ' ".i , • • ' '
.,.,
1. ti.l.ri a misdemeanor ' ,..,!.,1
; •
, -
• • -
r '4; C.
1?/
v
1
vA.T.T741.13, .
- •• • • 4 ••
_privy, etc., rot to be. maintained', w t
from well
. . disinfected, w
, abandoned, w
WARRANTS, (See claims and. w
, , , to be paid in order...
"..registration of
certification of.
•
. WEAPONS, . .
.. .
. ,
. • concealed, carrying, a misdemeanor?:
. . )
At". ••:`,. .'t I.V - — • • ' ' " .., .
•
. •
k�iilfy•
A •,,:41
i' •ii)"'' ... , .. .
Of' k 0? ''' 7-T.05 ,, ,,,....‘2.i..,.,!.'..,•' •
..4 i$44, 1 '1,..f. ,.. ,,,..-...,...,!,,..., • .,,..., •
0,- ," .'...-,•,,,/,..,.,...; ,,,
. .
-r,t: . (• I
8"
• t,:-. • .., .. . ' :i .13'.1 ' ..i. 1
14 • . . '..11•41 *.;• , ! ..
-4.1. • ''' .. •-,,•:' t • '
or,,
•
j. 1,
2 •• • •
• • . 1 .
.
/ •
kr • •
%e • q. • :44 ••••‘. "
'4/174 7..1%1'41' •' • "
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