1913 private laws – Ch.59 Sec.2

Said board are hereby empowered to make rules and regulations for the management and conduct of all hospitals and sanatoriums which may have for treatment any patient afflicted with any infectious, contagious, or other communicable disease, and prescribe penalties for any violation of same. Any person violating any rule or regulation of said board of commissioners, shall be guilty of a misdemeanor, and upon conviction, except as herein otherwise provided, shall be fined not more than fifty dollars or imprisoned not more than thirty days. ARTICLE IY. PUBLIC SCHOOLS. Section 1 The board of commissioners shall have power to promote the establishment and maintenance of public schools and educational facilities by the acquisition of land, erection of buildings thereon, and the equipment thereof in the corporate limits of the city; and to elect the members of the school committee for Raleigh Township as provided by law, and to that end the said board shall have the same power and authority to condemn lands and to do and perform any and all other acts to acquire and control school property as is given or may be conferred by law upon said board with reference to acquiring land for streets, or any other public purposes, and may control school property and grounds in like manner as they are empowered to control streets. ARTICLE VY. POWERS SPECIFICALLY ENUMERATED. Section 1 The board of commissioners of the city of Raleigh shall, in addition to the other powers herein given them, have full power : ies (a) To make, enact, and pass such ordinances, by-laws, rules and regulations consistent with the laws of the land and necessary for the proper government of the city, with power and authority to provide for the execution of the same by imposition, as punishment for the violation thereof, of fines and imprisonment or by the imposition of penalties and forfeitures; that the fine. or imprisonment prescribed for the punishment of a violation of an ordinance shall not exceed a fine of one hundred dollars or imprisonment on the roads not exceeding sixty days, or both, in the diseretion of the police justice; that the penalty prescribed for the violation of an ordinance shall not exceed a fine or forfeiture of two hundred dollars, which last penalty shall be civil in its nature, to be recovered in a civil action before the police justice. (0b) To regulate the speed of railroad locomotives, trains, electric cars, bicycles, automobiles, motor cars, the driving or riding of horses, and speed of all other vehicles on the streets of the city ; regulate the charge for the carriage of persons, baggage, and freight for hire, with power to license or prevent the same. (c) To prohibit vagrancy and street begging, impose punishment or penalties on such persons who habitually refuse to follow some useful trade or profession without adequate means of support, whether male or female, above the age of fourteen years. (d) To declare forfeited and terminate franchises granted persons or corporations for street railway, electric light, telephone, telegraph, gas, power, or other public-service purposes, whenever the conditions upon which such franchise or franchises were granted have been broken, or whenever, for any other reason, such franchise or franchises have been lost, surrendered, or forfeited. (e) To regulate, control, tax, and license all franchises, privileges, business, trades, professions, callings, or occupations which are now or may hereafter be taxed by the laws of the State of North Carolina by imposing a franchise, license, or privilege tax upon each and every of the aforesaid mentioned subjects in such amount as the aldermen may deem proper, not to exceed one thousand dollars. (f) To provide for the proper observance of the Sabbath, and for the preservation of peace, order, and tranquility of the city. -9 To assess, levy, and collect taxes. (Lh) To license, tax, and regulate trades, occupations, and professions. , -4 To open new streets, change, widen, extend, and close any street that is now or may hereafter be opened, and adopt such ordinances for the regulation and use of the streets, squares, and parks and other public property belonging to the city as it may deem best for the public welfare of the citizens of said city. (j) To lay out, establish, and regulate parks within or without corporate limits of the city for the use of the inhabitants of the same. (k) To condemn any land that may be required for the purpose of erecting any building or buildings, for city hall, market houses, fire companies, graded and public schools, and for any other public buildings, whether like those enumerated above or not: Provided, that the procedure in such condemnation proceedings shall be the same as is herein provided for the condemnation of lands for streets. ; -1 Yo erect, repair, and alter all public buildings. (m) To accept any money or property for the purpose of any public or corporate use. (n) To regulate, restrain, and prohibit the running or going at large of horses, mules, cattle, sheep, swine, goats, chickens, and all other animals and fowls of whatsoever description, and to authorize the distraining and impounding and sale of the same for the costs of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold, and to impose penalties on the owners or keepers thereof for the violation of any ordinance or regulation of said board, and to prevent, regulate, and control the driving of cattle, horses, and all other animals into or through the streets of the city. 0 To regulate and control plumbers and plumbing work and to enforce efficiency in the same. (p) To regulate, control, and prohibit the keeping and management of houses or any building for the storage of gunpowder and other combustible, explosive, or dangerous materials within the city, and to regulate the keeping and conveying of the same, and to authorize and regulate the laying of pipes and the location and construction of houses, tanks, reservoirs, and pumping stations for the storage.of oil and gas. (q) To license, tax, regulate, control, restrict, and prohibit the use and explosion of dynamite, firecrackers, or other explosive or fireworks of any and every kind, whether included in the above enumeration or not, and the sale of same, and all noises, amusements, or other practices or performances tending to annoy persons or frighten persons or teams, and the collection of persons on the streets or sidewalks or other public places in the city, whether for purposes of amusement, business, curiosity, or otherwise. -7 To direct, control, and prohibit the laying of railroad tracks, turnouts, and switches in the streets, avenues, and alleys of the city, unless the same shall have been authorized by ordinance, and to require that all railroads, turnouts, and switches shall be so constructed as not to interfere with the drainage of the city and with the ordinary travel and use of the streets, avenues, and alleys in said city, and to construct and keep in repair suitable crossings at the intersection of streets, avenues, and alleys, and ditches, sewers, and culverts, where the board of commissioners shall deem it necessary. (s) To make all suitable and proper regulations in regard to the use of the streets for street cars, and to regulate the speed, running and operation of the same so as to prevent injury or inconvenience to the public, and from time to time prescribe reasonable fares and transfers for the carriage of passengers. (t) To make such rules and regulations as to butchers as they may deem necessary and proper, to establish and erect market houses, and designate, control, and regulate market places and privileges. (uw) To prohibit and punish the abuse of animals. (v) To establish and maintain cemeteries and to regulate the burial of the dead and the registration of deaths, marriages, and births. (w) To prohibit prize-fighting, cock and dog fighting. (c) To license, tax, regulate, restrict, and prohibit theaters, carnivals, circuses, shows, parades, exhibitions of showmen and shows of any kind, and the exhibition of natural or artificial curiosities, caravans, menageries, musical, and hypnotic exhibitions and performances. (y) To create and administer a special fund for the relief of indigent and helpless members of the police and fire departments who have become superannuated, disabled, or injured in such service, and receive donations and bequests in aid of such fund, and provide for its permanence and increase, and to prescribe and regulate the conditions under which, and the extent to which, the same shall be used fer the purpose of such relief. (<) To pass ordinances for the condemnation of property for the purpose of widening, altering, changing, or extending any of the streets of the city and for opening new streets and for the construction and maintenance of drains, sewers, and combination drains and sewers and for any other public purpose provided for in this act. (aa) To define nuisances and prevent and abate the same, whether on public or private property. (bb) To issue bonds of the city only after they have passed an ordinance by a majority vote of the entire board at two separate regular meetings submitting the question of issuing the same to a vote of the people, and after a majority of the qualified registered voters shall have voted in favor thereof. No election for this purpose shall be held until thirty days notice thereof shall have been given by the board of commissioners in some newspaper published in the city of Raleigh. At such election those who favor creating such debt shall vote Approved, and those who oppose it shall vote Not Approved. The board of commissioners, if they deem it proper so to do, may order a new registration of the voters of said city at any: and all such elections. (ec) That upon any reasonable complaint from a responsible party that the rates charged by any public-service corporation are unreasonable, the board of commissioners shall carefully investigate the rates complained of, and endeavor to obtain a just and equitable arrangement with the said corporation. If no such satisfactory arrangement can be obtained by negotiation, the said board shall enter upon its record an order directing the corporation to charge not exceeding such maximum rates as the board may deem proper. The board shall send a copy of such order to the said corporation and shall immediately transmit to the Corporation Commission of the State of North Carolina a complete certified copy of the record in the entire matter. As soon as practicable after the receipt the Corporation Commission of the State of North Carolina shall, and it is hereby fully authorized and empowered so to do, set a day for the hearing of said matter, giving both parties reasonable notice thereof and a full opportunity to be heard. After a full hearing the Corporation Commission shall decide the question involved, either wholly or partially in favor of either party, as may seem just and equitable, which decision shall become binding unless reversed on appeal. Hither party shall have the right to appeal to the courts. The order of the board of commissioners shall not become effective until approved by the Corporation Commission as aforesaid. (dd) To appropriate annually, in the discretion of the board, not exceeding twenty-five hundred dollars to any association in the city organized for the purpose of advertising or promoting the public interests and general welfare of the city. (ee) To fix the location of hospitals in which contagious, infectious, or other communicable diseases are to be treated. (ff) To regulate and prohibit the carrying on of any business which may be dangerous or detrimental to health. (99g) To make and provide for the execution thereof of such ordinances, rules, and regulations as may be necessary for the preservation and promotion of the health, comfort, convenience, good order, better government, and general welfare of the inhabitants of the city as are not inconsistent with this act and the Constitution and laws of the State. (hh) To elect, all officers and select all employees of the various departments, whose. selection is not herein expressly provided for: Provided, however, that the selection of such officers and employees as are not expressly provided for herein may be delegated by the board of commissioners to the commissioners of the respective departments, subject to the right of the board to review the action of the respective commissioners: Provided further, the compensation of all employees shall be fixed by the board of commissioners, and all fees shall be covered into the treasury. (ii) To condemn and remove any and all buildings in the city limits, or cause them to be removed, at the expense of the owner or owners, when dangerous to life, health, or other property, under such just rules and regulations as they may by ordinance establish, and likewise to suppress any and all other nuisances maintained in the city. Sec. 2 That all ordinances, rules, and regulations of the city of Raleigh now enforced, or that may hereafter be enacted by the board of commissioners in the exercise of the police powers given to it for sanitary purposes, or for the protection of the property of the city, unless otherwise provided by the board of commissioners, shall, in addition to applying to the territory within the city limits, apply with equal force to the territory outside of said city limits, within one mile in all directions of same, and to Pullen Park, and to the right of way of all sewer, water, and electric light lines in the city, without the corporate limits, and to the rights of way, without the city limits, of any street railway company, or extension thereof, operating under a franchise granted by the city, and upon all property and rights of way of the city outside the said corporate limits and the above-mentioned territorial limits, wheresoever the same may be located. ARTICLE VI. GRANTING OF FRANCHISES. Section 1 That no franchise shall be granted by the city of Raleigh until the question has been submitted, at a special or general election, to the qualified voters of the city, and until a majority of those voting upon the proposition have voted in favor of granting such franchise: Provided, that in all elections upon the granting of franchises, the person, persons, or corporation applying for same shall deposit with the city treasurer a sum which, in the opinion of the board of commissioners, will be sufficient to defray the expenses of such election: Provided further, that no franchise shall be granted for a longer time than fifty years from the date of the granting of such franchise. Every grant of any franchise or right, as hereinbefore provided, shall make provision by way of the forfeiture of the grant or otherwise, for the purpose of compelling compliance with the terms of the grant, and to secure efficiency of public service at reasonable rates, and the maintenance of the property in good condition throughout the full term of the grant, and when the grant of any franchise or right is made, the city shall not part with the power to expressly reserve the right and duty at all times to exercise, in the interest of the public, full superintendence, regulation, and control, in respect to all matters connected with the police powers Priv.8 of said city; and before any such grant of any such franchise or right shall be made, the proposed specific grant shall be embodied in the form of an ordinance, with all the terms and conditions that may be right and proper; including a provision for fixing a rate, fares, and charges to be made if the grant provide for the charging of a rate, fares, and charges: Provided, that this act shall not affect any rights, privileges, and franchises herebefore legally granted by the city to any person, firm, or corporation: and Provided further, that any and all rights, privileges, and franchises that have been herebefore, or that may be hereafter, granted to or held by any person, firm, or corporation, in the streets, alleys, sidewalks, public grounds or places in said city, shall be subject to a tax by said city in such amount as the board of commissioners may think to be just, separate from and in addition to the other assets of such person, firm, or corporation, and in addition to a license tax; and the board of commissioners may require the rendition and assessment thereof accordingly. ARTICLE VII. THE INITIATIVE AND REFERENDUM. Section 1 Any proposed ordinance may be submitted to the board of commissioners by petition signed by electors of the city equal to the number provided herein for recall of any official. The signatures, verifications, authentications, inspections, certifications, amendments, and submission of such petition shall be the same as provided for petition for the removal of officials.. If the petition accompanying the proposed ordinance be signed by the requisite number of electors and contains a request that the said ordinance be passed or submitted to a vote of the people, if not passed by the board of commissioners, such board shall either (a) Pass such ordinance without alteration within twenty days after attachment of the clerks certificate to the accompanying petition, or (b) After the clerk shall attach to the petition accompanying such ordinance, his certificate of sufficiency, the board of commissioners shall forthwith submit the question to the qualified voters at a special election called for that purpose, or to a general election occurring within ninety days after the date of the clerks certificate. If the petition is signed by not less than ten and less than twenty-five per cent of the electors, as above defined, then the board of commissioners shall within twenty days pass said ordinance without change, or submit the same at the next general city election. The ballots used when voting upon said ordinance shall contain these words, For the Ordinance (stating the nature of the proposed ordinance), and Against the Ordinance (stating the nature of the proposed ordinance). If the majority of the qualified electors voting on the proposed ordinance shall vote in fayor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city, and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people. Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this section; but there shall not be more than one special election in any period of six months for such purpose. The board of commissioners may submit a proposition for the repeal of any such ordinance, or for amendments thereto, to be voted upon at any succeeding general city election; and should any such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall thereby be repealed or amended accordingly. Whenever any ordinance or proposition is required by this act to be submitted to the voters of the city at any election, the city shall cause such ordinance or proposition to be published once in each of the city daily newspapers published in said city; such publications to be not more than twenty nor less than five days before the submission of such proposition or ordinance to be voted on. Sec. 2 No ordinance passed by the board of commissioners, unless otherwise expressly provided, except an ordinance for the immediate preservation of the public peace, health, or safety, which contains a statement of its urgency, and is passed by a twothirds vote of the board of commissioners, shall go into effect before twenty days from the time of its final passage and publication in the daily papers then published in Raleigh, and if during said twenty: days a petition, signed by electors of the said city equal to the number prescribed herein to be signed by a petition for the recall of any official, protesting against the passage of such ordinance, be presented to the board of commissioners, the eperation of such ordinance shall thereupon be suspended, and it shall be the duty of the board of commissioners to consider such ordinance, and if the same is not entirely repealed, the board of commissioners shall submit to the qualified voters the question of the repeal of such ordinance at an election to be held for that purpose, in the manner and under the conditions herein provided for reference to voters of the question of recall of an official. ARTICLE VIII. NOMINATION OF CANDIDATES. SEcTion 1 All candidates to be voted for at all general municipal elections, at which time a mayor, commissioners, judge of the municipal court, or any other elective officer are to be elected under the provisions of this act, shall be nominated by a primary election, and no other names shall be placed upon the general ballot except those nominated in such primary in the manner hereinafter prescribed. The primary election for such nominations shall be held on the second Monday preceding all general municipal elections. The judges and other officers of election appointed for the general municipal election shall, whenever practical, be the judges of the primary election, and it shall be held at the same place and in the same manner and under the same rules and regulations and subject to the same conditions, and the polls to be opened and closed at the same hours, as are required for said general election. Any person desiring to become a candidate for nomination by the primary for the office of mayor or commissioner of either of the other two departments, or judge of the municipal court, or any other elective office, shall, at least ten days prior to said primary election, file with the said clerk a statement of such candidacy, in substantially the following form: STATE OF NORTH CAROLINACOUNTY OF WAKE. Deas srakets, 2 ar alee raters ei atene ), being first duly sworn, say that I NESide@ Abs. sects eee Street, city of Raleigh, county of Wake, State of North Carolina; that I am a candidate for nomination to the office of (mayor, or commissioner of a particular department, or other office), to be voted upon at the primary election to be held OMY GHEY eteceeaue = 3 ees are Monday Onl ss am crete terse cher , 19.., and I hereby request that my name be printed upon the official ballot for nomination by such primary election for such office. ESTSMER Tc #NAME? = torcicyslete encore oe taueNousrere Subscribed and sworn to (or affirmed) before me by ..... et auch ONVUNIS eve eels se eietce GEHy: OL Saicrehone ce on , 19.. PSTSMEM Ponce s sessete go Giese ore rere eaede rami And shall at the same time pay to said clerk, to be turned over to the city treasurer, the sum of five dollars ($5). Immediately upon the expiration of the time for filing the petitions of candidate, the said city clerk shall cause to be published for three successive days in all daily newspapers published in the city, in proper form, the names of the persons as they are to appear upon the primary ballots; and the said clerk shall thereupon cause the primary ballots to be printed, authenticated with a facsimile of his signature. Upon the said ballot the names of the candidates for mayor, arranged alphabetically, shall first be placed, with a square at the left of each name, and immediately below the words, Vote for one. Following these names, likewise arranged in alphabetical order, shall appear the names of the candidates for the commissioners of the two other departments respectively, with a square at the left of each name, and below the names of such candidates for each of said departments shall appear the words, Vote for one. Like provision shall be made for the names of candidates for each other elective office provided by law. The ballots shall be printed upon plain, substantial, white paper, and shall be headed: Candidates for nomination for mayor and commissioners of two other departments, and other offices (naming them) of city of Raleigh, North Carolina, at the primary election, but shall have no party designation or mark whatever. The ballots shall be in substantially the following form: (Place a cross in the square preceding the names of the. parties you favor as candidates for the respective positions. ) Official primary ballot, candidates for nomination for mayor and commissioners, and other offices (naming them), of city of Raleigh, North Carolina, at the primary election. For Mayor (names of candidates), (vote for one). For Commissioner of the Department of Public Safety (names of candidates), (vote for one). For Commissioner of the Department of Public Works (name of candidates), (vote for one). For Judge of Municipal Court (names of candidates), (vote for one). Official ballotAttest: (Signature) ................... City Clerk. Having caused said ballot to be printed, the said city clerk shall cause to be delivered at each polling place a number of said ballots equal to twice the number of votes cast in such polling precinct at the last general municipal election for mayor. The persons who are qualified to vote at the succeeding general municipal election shall be qualified to vote at such primary election, and shall be subject to challenge made by any resident of the city of Raleigh under such rules as may be prescribed by the board of commissioners, and such challenge shall be passed upon by the judges of election and registrars: Provided, however, that the law applicable to challenges at a general municipal election shall be applicable to challenges made at such primary election. Judges of election shall, immediately upon the closing of the polls, count the ballots, and ascertain the number of votes cast in such precincts for each of the candidates, and make return thereof to the city clerk, upon blanks to be furnished by the said clerk, within six hours of the closing of the polls, On the day following the said primary election the city clerk, under the supervision and direction of the mayor, shall canvass such returns so received from all the polling precincts, and shall make and publish in all daily newspapers of said city, at least once, the result thereof. Said canvass by the city clerk shall be publicly made. The two candidates receiving the highest number of votes for mayor, and the two candidates receiving the highest number of votes for commissioners for each of the respective departments, the two candidates receiving the highest number of votes for a judge of the municipal court, and the two candidates receiving the highest number of votes for any other elective office, shall be the candidates, and the only candidates, whose names shall be placed upon the ballot for mayor, commissioners, judge of the municipal court, and other elective officers at the next succeeding general municipal election. ARTICLE IX. ELECTIONS. SEcTION 1 There shall, on the first. Monday in May, one thousand nine hundred and thirteen, and every two years thereafter, be elected a mayor (who shall also be commissioner of public accounts and finances), a commissioner of the department of public works, a commissioner of the department of public safety, who together shall constitute the board of commissioners of the city of Raleigh, and there shall also, at the same time, be elected a judge of the municipal court, and such other elective officers as may be provided by law. Sec. 2 The city clerk shall cause ballots to be printed for the municipal election as herein provided, authenticated with a facsimile of his signature. Upon the said ballots the names of the said candidates for mayor, arranged alphabetically, shall first be placed, with a square at the left of each name, and immediately below the words, Vote for one. Following these names, likewise arranged in alphabetical order, shall appear the names of the candidates for the commissioners of the two other departments respectively, with a square at the left of each name, and below the names of such candidates for each of said departments shall appear the words, Vote for one; and likewise, arranged in alphabetical order, shall appear the names of the candidates for judge of the municipal court, with a square at the left of each name, and immediately below the words, Vote for one; and likewise, arranged in alphabetical order, shall appear the names of the candidates for such other elective offices as may be provided by law. The ballots shall be printed upon plain, substantial, white paper, and shall be headed: Candidates for election for mayor, and commissioners of the two departments, and for judge of the municipal court of the city of Raleigh, North Carolina, at the general municipal election, but shall have no party designation or mark whatever. The ballots shall be in substantially the following form: (Place a cross in the square preceding the names of the parties you favor as candidates for the respective positions. ) Official municipal ballot, candidates for mayor and commissioners and judge of the municipal court of the city of Raleigh, North Carolina, at the municipal election. For Mayor (names of candidates), (vote for one). For Commissioner of the Department of Public Safety (names of candidates), (vote for one). For Commissioner of the Department of Public Works (names of candidates), (vote for one). For Judge of Municipal Court (names of condidates), (vote for one). Official ballotAttest: (Signature) .............eeeeeee City Clerk.