fAGE EIGHT
THK OAZETTE-TDIKS, HEPPNER, OREGON, THURSDAY, OCTOBER IT, 1918.
PROPOSED NEW CHARTER FOR THE CITY OF HEPPNER
(Continue! (mm Page TwM
house, laundries and dairies, and all other offensive trades, occupations or
business.
(27) To regulate the plumbing, drainage and sewerage of buildings
nd the use of steam boilers and steam generators; gas and gas fixtures;
to provide for the registration of all plumbers and all gas fitters and all
stationary engineers; and to regulate electric wiring and to cause the same
to be removed. 1
(2S) To compel all persons erecting or maintaining privies, water!
closets sinks, drains, or cesspools within two hundred and twenty feet of .
any street or allov in which a sewer has been or may hereafter be con
st) u-ieo to connect the same theivwilh, at his own c.;st and expense, and I
to provide bv ordinance that, when the person erecting or iiLiuuamius
paid privies, 'water-closets, cesspools, sinks, or drain, neglects or refuses
afcr ten i-avs n-v.ice in writing by the Recorder or Chief of Police to so
connect iVsf'f. with said sewer, the City may make such connections
ami (wes the cost thereof aealnst tlw property on which such privy, water
. tt c "p f! -si-;':, or drain is situate.!, and make the cast of such con
ne -ti -n a lien upon the property. Such lien may, upon order of the Council,
be crievd in the Lien Docket cf City liuas and thereafter collected in the
manner ;s assessment for strest improvement, or in such other manner as
the Ccv.ndl may direct.
f9) To lesulate the construction of, care, use and management of
ho'els'tere-ien; houses, theaters, shows, lodging houses and cellers for the
better'protection of the lives and health of the inmates dwelling therein and
others.
(30) To regulate and provide for and determine the number and
si"e of ail places" of entrance and exit from all theaters, public halls,
places of amusements, churches and other buildings used for public
gathering and the mode of hanging doors thereat.
(31) To prevent and prohibit the erection of dangerous and unsafe
"buildings, and to cause the removal by tearing down of the same where
ever situated wi'hin the City.
(32) To prevent the erection or moving of buildings within the City
lirni's which shall be dangerous to the passerby or to the adjacent property
or an obstruction to public travel; and in case any building or structure
shall become dangerous to the passerby, the Council shall have the power
to cause the same to be removed or made safe at the expense of the prop
erty men five davs notice to the owner thereof or his agent, and to deter
mine dv Resolution when the same is dangerous. Such expense shall be
made a" lien upon the property upon which said building or structure is
situated. Such liea may upon order of the Council be entered in the City
Lien Docket, and thereafter be collected in the manner as provided for the
collection of assessments for street improvements, or may be collected in
such other manner as the Council may direct.
(33) To define the fire limits and to prohibit the erection or repair
of wooden buildings within the fi.e limits; to re.-rulate the height, con
struction, inspection and repair of all private and public buildings within
the City; and to create the office and define the duties of building inspector,
to ostfii'tMi sidewalk ir.stricts and to determine . -i meter 'if sidewalk?
to be built or constructed in any cf such dtetrH and to w!!ty the time at
the expiration of which all sidewalks shall bbe of a specified character.
(34) To require adeiuatc iiro scapes, apparatus and appliances for
protection against fire, to be provided ir ovi'd.:.?-.
(35) To regulate or prevent the storate, mitiufacture and sale of
dangerous explosives, or corabusMb'e mr'erinl. tech-din;; gunpowder, dyn
amite, giant powder, calcium carbide, nitro-glycerine, oil, gas, and gaso
line and to provide for inspection of same: to prevent by all proper means
all risks of injury or damage by fire an frcm netficence or otherwise.
(3S) To regulate the transportation of gunpowder, dynamite, nitro
glycerine and other combustible z:A e::?l :5'.vcs through the streets of the
City.
(37) To regulate and prohibit the use of all guns, pistols, and fire
arms, misf.le weapons, fire works, fire-crackers, bombs and detonators of
all descriptions.
(38) To regulate public criers, advertising notices, steam whistles,
ringing of bellr and playing cf bards, and musical instruments in public
places and resorts, and to prev?r.f. tie same.
(39) To regulate, prevent ar.d prohibit the erection, mainfainence or'
display of sign boards, r.nd bill braids, and of sign posters, or other adver
tising matter which r :e mTeusi'-e. improper, unsightly, indecent, lasivious or
obscene upon, along or near the side walks, streets or public places. To
regulate and protibit tho e-' iliiirn and hanging of banners and placards
or flags in or across ti e streets or from houses or other buildings.
(40) To regula'" the driving of horses, cattle, sheep, hogs, and other
animals and livestock through the streets.
(41) To restrain and regulate the keeping of all fowls, and domestic
animals, and to prevent any and all fowls or domestic animals from running
at large within the City or any part thereof, and to punish those who allow
such fowls or animals so to run; to provide for the impounding of the same
and also to provide for the sale of such fowls or animals upon five days
notice.
(42) To regulate and restrain the keeping and running at large of
dog: to punish those persons who allow- their dogs to be unlicensed or to
run at large asainst the-regulations established, and to provide for the
impounding of dogs aid for the. killing of the same when kept in violation
of such regulations, or on which no license has been obtained or tax paid
provided by the Council.
(43) To protect the public from injury by run-aways, by punishing
persons who leave horses or other animals in the streets without being
fastened; to provide the place cr manner in which horses or carriages
standing upon the public streets, thoroughfares, in public places shall be
fastened and secured.
(44) To provide for the punishment by fine not exceeding $100.00,
or bv imprisonment not exceeding fif.y days, of any person or persons who
may" wilfully, wrongfully or maliciously Injure, deface, interfere with or
destroy any private property or property belonging to the City or in which
one City has an interest, right or estate, and to provide that the Municipal
Court of Heppner shall have jurisdiction to enforce, such punishment or
punishments.
(45) To tax, license, regulate, restrain or prohibit the sale of
spirituous, vinous, or malt liquors.
(46) To prevent and suppress gameing and gambling houses, lotter
ies or places where any game in which chance predominates is played for
anything of value, and to punish any person who engages in such game, or
keeps or frequents such houses or sets up or promotes lotteries or sells
lottery tickets; to prevent and suppress bawdy houses or places where
fornication is practiced, and to punish any inmate, keeper or frequenter
thereof; to prevent and suppress opium smoking and houses or places kept
therefore end punish any keeper of su-.-h house or pl'xe, or who smoker
opium therein or frequents the same, o prohibit the sale of cigarert.es,
cigars and tobacco to minors.
(47) To prevent the sale and circulation and disposition of obscene
literature, Including books, papers, prints, pictures and the like and to
punieh any person who sells or offers to sell, or who circulates or disposes
of such literature, book, paper, print, picture and the like.
(48) To prevent trespassing and punish trespassers upon real or
personal property.
(49) To restrain intoxication, fighting and quarelling, any distur
bance or unlawful or indecent practice, and to define what ; shall constitute
the same, and to provide punishment for persons communing the same.
(50) To prevent and restrain any riot, noise, disturbance or dis
orderly assemblage in any street, house or building or place within the City.
(51) To define what constitutes vagrancy, and to provide for the
support, restraint, punishment and employment of vagrants and paupers.
(52) To prohibit persons from roaming the streets at unreasonable
hours, and to define what shall be unreasonable hours.
(53) To prohibit the carrying of dangerous weapons In a concealed
manner. ...
To nrohibit and prevent cruelty to children and animais, ana
persons guilty thereof.
m ,.!v.i i,ii,!finn nf deformed and crinnlad persins,
10 muiiuiu vau, - -
niid to prohibit persons irom Deggins upuu uiC ot.o v r
(SO) To establish, change, discontinue or re-establish City Jails,
TVorkhiuses, and Houses of Detention.
rr, i,n rianno imiiu and nnblic dancing and skating
I t 1 I 10 reKUIttlc jiuimv, v.ia,... . -
rinks' and to prohibit any person or persons from engaging in any immoral
dance or dances, and to define the same.
A public dance hall is hereby defined for the purpose of this Act to be
anv bunding room, hall or other place which Is kept or used for public
e o which compensation is paid directly or indirectly to the owner,
proprietor. manager or operator meieui, -
c.Ri To license, tax,' regulate, suppress and prohibit theaterlcal and
1 .. u.mi. tinnHnor houses, billiard tables and
Xr Ss upon whtehWtaTnd c are' used, bowling alleys and shoot-
ing galleries, rendering nouses aim yig yu.
. m. ii iv roiniiBtft auctioneers, ordinaries, wash
(DIM 10 UCWlloe, lb -e- ' -
houses livery and feed stables, feed yards, drays, hacks, wagons, and other
mouses, iiveij o , hnntrera. sol eiters. and retail venders
of goods by samplor f uture delivery and to define what shall constitute the
same. MMiaii wnnt wiflpn. onen and extend streets or
parts of streets and alleys or parts of alleys in said city; and to lay out,
pants w " . it uMn-nrallra Epwprd. ditches, curha
establish, erect construct uuu " , .
and gutters and any or all public grounds or works provided for in this
(54)
to cunish
(5J)
(61) To regulate, restrain and prevent obstructions within or upon
the public streets, alleys, sidewalks and places and to mafte all needful
regulations to keep and maintain the public streets, sidewalks and places in
a clean, open and safe condition for public use; to provide for the removal,
impounding and sale or other disposition of such obstruction upon five days
notice beiug given.
(62) To provide for the com-truetion, cleaning and repair of side
walks, and curbs adjacent to lots, blocks or parcels of land, by the owner
thereof, and for making, cleaning, or otherwise improve, clean and keep
clean and in repair streets, alleys and sidewalks, either at the expense of the
owner of the adjacent property or at the general expense of the City, or
both, and to establish, alter and regulate tho grade thereof; provided, that
if sidewalks are to be constructed, cleaned or repaired at thj expense of the
owner of the adjacent property, the same shall be done in accordance with
such regulations as to mode and method of construction and materia! used
as the Common Council may adept by ordinance.
(63) To control and limit the speed and trafic on the streets, alleys
aud elsewhere in the City.
(fiil To regulate the use of sidewalks, prevent the ext-mioo of build
ing fronts and house fronts over the street line and to prohibit the building
and use of barbed wire fences, to regulate the limits within which it shall
be lawful to erect steps, porticos, bay windows or structual ornaments to
houses and buildings fronting on any street, alley or lane of the City.
(65) To regulate the opening of street surface, the laying of gas,
water and sewer mains and pipos, and the erection of gas, electric or other
lights, and poles and the repairing and maintaining of the same.
(66) To prohibit and regulate the planting and use of trees such as
may bo deterimental to the sidewalks, curbs and gutters or sewers, and to
cause such trees to be cut down or removed,
(67) To cause and provide for the survey of the boundaries of the
City and all streets, lots and blocks within such boundaries, and to have
plats made for the same and adopt, such plats as official plats of the City for
city purposes; to change by ordinance the number, letter or designation of
any lot, block or tract of land within the City which may be conflicting or
otherwise unsuitable and to give by ordinance a designation to any lot,
block or tract of land within the city not lettered, numbered or otherwise
designated. A certified copy of such ordinance shall be transmitted by the
Recorder to the recording officer of Morrow County, Oregon, for record.
(68) To regulate and change the numbering of houses and lots on
tho streets and avenues and naming of streets and avenues within the City.
(69) To provide a series of conduits under the streets, lands, alleys
and public places of the City or any part or parts thereof, when deemed
necessary, for tho use of telephone, telegraph, electric and other wires, or
r other purposes either by constructing such conduits itself or authorizing
their construction by others upon such terms and conditions as the Council
may impose, and to regulate and control the use of such conduits and to
establish reasonable rentals to be paid by any person or company using any
of such conduits for the use thereof by whomsoever the same may be con
structed, and to provide for the collection of such rentals, in addition to the
ordinary processes, by such summary methods as it may deem proper.
(70) To provide and compel by ordinance, the owners of lots or
parcels of land to make such improvements and repairs and build, con
struct and repair sidewalks, sewers, ditches, curbs and gutters of such
material as the Council may determine, adjacent to, or abutting upon such
lot or parcel of land, at the expense of such owner, and to provide for the
soiling of such lots or parcels of land adjacent to or abutting upon which any
such work or improvement may be constructed or made, for the purpose of
paying the costs of the same and the costs and expenses or sale thereof, and
to provide the manner in which such improvements shall be made and the
expense thereof, which shall be assessed and collected in the manner pro-
ided for in this Charter.
(71) To provide for the disbursing of all moneys to which the City
is or may become entitled to by law or which may be assessed or authorized
to be collected for City purposes within said City.
(72) To borrow money on the faith of the City or loan the credit
thereof, or both, for purely municipal purposes; provided, that the money
so borrowed shall not create a City indebtedness in excess of Fifteen
Thousand Dollars, except as otherwise provided for In this Charter, and a
evident.? cf such indebtedness the Council may ,'auie warrants to be issued,
or such other evidence as they may deem advisable; and provided further,
that all moneys so borrowed shall be authorized by an ordinance providing
for the same, which ordinance shall state the amount of money necessary to
be borrowed, the purpose or purposes for which such money is needed, the
time within which the same shall become due, and the rate of interest
thereon.
(73)' To establish fire companies and regulate the same; to provide
fire apparatus, and to appropriate money for the same.
Section 50. The powers and authority given to the Council by this
Act.tnd the means and manner of execution thereof has not been provided
for by this Charter, such powers, authority or duty may be done or perform-
d in such manner and through such means as tne council may prescrme py
ordinance or resolution, according to the nature of the case.
CHAPTER IV.
EXECUTIVE DEPARTMENT.
Article I.
The Mayor His Powers and Duties.
EXECUTIVE POWER WHERE VESTED:
Section 51. The executive power of the City of Heppner shall be vested
in the Mayor, and in such Eoard3, Departments, Municipal Officers and
Employees as may be prescribed by this Charter, and Ordinances not in-
.ouslstent with this Charter. 0
MAYOR, QUALIFICATION OF:
Sccticu 52. Tho Mr.yor must have been a resident of the City of Hepp
er for at least ore year next preceding his election or appointment to such
-fiice; he shall also be the owner of real estate in the City of Heppner, and
'.hall be at leaat. twenty five years of age. Ha shall also be and have the
qualifications of an elector of the State of Oregon, and shall be elected by the
people and shall hold office for a period of two years, and until his successor
is elected and qualified.
SALARY OF MAYOR:
Section 53. The Mayor of the city of Heppner shall receive for his
service as Mayor such compensation as the Common Council may prescribe
by ordinance.
DUTIES OF MAYOR:
Section 54. The Mayor shall exercise a careful supervision- over the
general affairs of the City and its subordinate officers. It shall be his duty
from time to time to make such rccommnedations to the Council as he may
consider to be for the welfare of the City. On or before the last regular
menHni? fn December nf eanh vear. ha must communicate, by message to the
Council, a general statement of the condition and affairs of the Cfty.
MAYOR PRESIDE OVER COUNCIL:
am.t,n ks Tiio Mnvnr elm ii nrotdn over the Council, when in session
and shall have authority to preserve order, to enforce the rules of the
r'luncil, and to determine the order of business, subject to such rules, but
shall have no vote except in case of a tie votf when he shall caste the decid
ing vote on all questions except on the passage or orainances. ne sunn ym
in nthor dntioa nnri ovorffot. nnnh other authority as may be pre
scribed by this Charter or by any City ordinance not inconsistent therewith,
or any law of the United States and of the State of Oregon.
MAYOR TO CALL SPECIAL MEETINGS OF COUNCIL:
Section 50. The Mayor may call special meetings of the Council, and
communicate to it the object for which the meeting is called.
APPOINTMENT OF OFFICERS:
Section 57. The Mayor shall appoint all officers, employees, and agents
of the City created by this Charter or which may be created by ordinance
or otherwise, whose appointment is not in this Charter otherwise provided
tor, and at the first regular meeting of the Council in January of each year,
the Mayor shall appoint one Chief of Police, one City Attorney, one City
Engineer, and such other police officers as may be required from time to
ti.nB who dhflll each hold his office for one year, and until his successor
shall have been appointed and qualified, unless sooner removed by the Mayor
with the approval of the Council, or by a vote of the majority of the Com
mon Council, except that police officers outside of the Chief of Police may
be appointed for a shorter period, as exigencies may require. He may also
appoint from time to time-such other officers as may be required; but all
appointments made by the Mayor, shall be with the consent and approval
of the majority or the Council.
No person once rejected shall again be reappointed during any one
term, except by the consent of a majority of the Council. All officers ap
pointed by the- Mayor and confirmed by the Council may be removed at any
time by a vote at the discretion of the majority of the whole Council; and
the Mayor may suspend any officer untfl the Council disposes of and acts
upon the charges preferred against such omcer.
MAYOR MAY INVESTIGATE OFFICERS AND ACCOUNTS:
Section 58. The Mayor with the consent of the Council may at any
time, witn or wunout notice, investigate in person ur uu-uubu uud ui wurg
competent persons appointed by him tor that purpose, the offices and
accounts of any department of the City or of any employee, and the official
acts and conduct of any official or employee in the administrative service or
the City, and the money securities and property belonging to the City in
charge or in the possession ot such department, officer or employee. For
the purpose of ascertaining the facta in connection with such examination,
the Mayor shall have full powor to compel the attendance of witnesses, to
administer oath, and to examine such persons as he may deem necessary.
MAYOR MAY SUSPEND DURING INVESTIGATION:
Section 59. The Mayor shall have power to suspend, pending an
official investigation, any appointive officer of the City, or from any official
defalcation or wilful neglect of duty, or official misconduct
MAYOR EMPOWERED TO ENFORCE ORDER:
Section ISO. The Mayor shall take all proper measures for the pre
servation of public order and the suppression of all riots and unlawful
assemblage, for which purpose he may use, command and compel the police
force or any person to assist. In case of emergency the Mayor may appoint
temporary policemen for a term not exceeding ten days, and the appoint
ment Bhull be filed with the Recorder in case bucIi appointment is for a
;eriod of not less than five days. Such temporary officers Bhall receive such
ompensation as the Council may prescribe.
MAYOR TO ENFORCE CONTRACTS AND AGREEMENTS:
Section 1. The Mayor shall see that all contracts and agreements
made with the City and for its use and benefit are faithfully kept and per
formed, and to that end shall cause any legal or equitable proceedings to
be instituted and prosecuted against all persons or corporations failing to
fulfill their agreement with the City.
MAYOR TO INSTITUTE SUITS TO CANCEL FRANCHISES:
Section 02. Th Mayor must upon a resolution passed bv the Council
directing him to do so, cause to be instituted, on behalf of the City such
actions or proceedings as may be necessary to revoke, cancel or annul any
irancnise mai may nave Deen granted by the City to any person, comminv
or corporation, which have been forfeited in whole or in part or which for
any reason may be irregular and void and not binding upon the City.
Article II.
DEPARTMENTS AND COMMITTEES.
MAYOR CHAIRMAN OF DEPARTMENTS:
Section 63. The Mayor by virtue of his office shall be a member of
and Chairman of all departments that may be created by this Charter, or
which may hereafter be created under it.
FIRE DEPARTMENT:
Section 4. The fire department of the City of Heppner shall be
governed by such rules and regulations as may be created by ordinance not
inconsistant with the laws of the State of Oregon, and to that end the
Council shall have authority to provide fire engines and such other ap
paratus as shall be necessary for the extinguishment of fires.
POLICE DEPARTMENT HOW ORGANIZED:
Section 05. The police department of the City of Heppner shall be
appointed and organised by the Mayor. To that end the Mayor may make
all necessary and convenient rules and regulations for the organization and
conduct of the police force, for the care and management of the City Jail,
for receiving and hearing complaints against any members of the force,
and for the removal and suspension of any member thereof.
POLICE DEPARTMENT TO CONSIST OF CHIEF:
Section 0(1. The Police Department of the City of Heppner, shall con;
sist of one Chief of Police, and such special or temporary policemen as may
bo appointed from time to time as provided for in this Charter. '
BOND OF CHIEF OF POLICE:
Section 07. The Chief of Police before entering upon his duties, shall
file a bond in such sum as the Council may direct, but in a sum of not lesg
than One Thousand Dollars, with sureties or securities to be approved by
the Mayor, that he will faithfully perform the duties of his office. The
Chief of Police under the directions of the Mayor, shall have command and
control of all special and temporary policemen, and must execute all
processes issued by the Recorder, or directed to him by any magistrate in
this State in crlmmtnal matters, he may make arrests for breach of the
peace of the commission of a crime within the limits of the City, with or
without a warrant, as peace officers do under the law of the State; he must
exercise a vigilant control over the peace and quiet of the City; he shall
keep a watchful care to prevent fires, and exercise like care over all prop
erty of the City and report to the proper authorities all waste of water,
stoppage of sewers and all damages to City property.
DUTIES OF CHIEF OF POLICE:
Section 68. The Chief of Police shall at all times of the day and
night, within the boundaries of the City of Heppner, preserve the peace,
prevent crime, arrest offenders, protect rights of person and property,
guard the public health, preseve order, remove nuisance existing in streets,
roads, public places and highways, report all leaks or other defects In water
pipes and sewers, and street lights not burning to the propor authorities,
and generally obey and enforce all ordinances of the City and the criminal
laws of the State of Oregon, and of tho United States.
SALARY OF CHIEF OF POLICE:
Section 0(. The Chelf of Police of the City of Heppner, shall receive
such salary as shall be prescribed by the Council.
OATH OF CHIEF OF POLICE:
Section 70. Before entering upon his duties the Chief of Police shall
take and subscribe to an oath of office as provided for elsewhere in this
Charter.
OTHER DEPARTMENTS:
Section 71. The Mayor with tho consent of the Council may from
time to time appoint such other boards and departments as they may deem
necessary for the welfare of the City and prescribe their duties by ordin
ance. APPOINTMENT OF COMMITTEES:
Section 72. The Mayor shall, at the first regular meeting of the
Council in January of each year, appoint three members of the Council on
each of the following committees: ,
Ways and Means, Health and Police; Elections, Licenses, Fire and
Water, Streets and Public Property, Ordinances, and Finance. Who shall
be and remain standing committees for one year and until their successors
aro dally appointed and qualified, and shall together with the Mayor, have
general power and supervision over the different subjects pertaining to
their department, and such further powers as may be prescribed by ordin
ance or assigned to them from time to time by the Council. The Mayor
shall be ex-officio member of all these committees and shall exercise a
general supervision over them.
CHAPTER V.
ADMINISTRATIVE DEPARTMENT.
Article I.
Recorder.
RECORDER, QUALIFICATION OF, AND TERM OF OFFICE:
Section 73. There shall be a Recorder of the City of Heppner, who
shall have been a duly qualified voter of the City for at least one year next
preceding his election; he shall bo elected by the people and hold his
office for a term of two years and until his successor is elected and quali
fied. SALARY OF RECORDER:
Section 74. The Recorder of the City of Heppner shall receive such
salary for his services as shall be determined by the Council,
DUTIES OF RECORDER:
Section 75. The Recorder shall be ex-officio clerk of the Council, and
the accounting and clerical officer of the City; he shall be the custodian of
the seal of the City, and shall keep a correct journal of the proceedings of
the Council. He shall keep and preserve in his office all accounts, books,
vouchers, documents, maps, plats, and papers relating to the accounts and
contracts of the City, its debts, revenues and othor financial affairs, and a
record of all property owned by the City and the income derived there
from, and shall perform Buch other duties required of him as such, and aa
may be prescribed from time to time by ordinance.
CERTIFIED COPIES OF PAPERS, MAPS, ETC '
Section 70: Tho Recorder shall make certified copies of any papers,
maps or transcripts or any record kept in his office when so required on
the payment of fees thorefor. The fees charged shall be the same as those
provided for by this ordinance, and no charge shall be made for any copies,
transcripts or certificates required or demanded by any official or board
when such are needed for the official business of the City.
(Continued next week)
Act.