where the subject matter involved is of less than one thousand ($1,000.00) dollars, passed by the said City Council) shall go into effect in less than forty (40) days after its final passage, but ordinances and contracts declared by the City Council to be necessary for the immediate preservation of the public peace, health or safety, passed by a majority vote of the said Council and not obligating the city for a longer period of time than one year, may go into effect at the will of the City Council adopting the same. 1907. measures to tors upon fil tion, etc. If within said forty (40) days, a petition or petitions Certain signed by qualified electors of the city, in number equal be referred to ten per cent. (10 per cent.) of said registration is filed to the elec with the City Clerk asking that any penal ordinance or ing of petimeasure, any ordinance or measure granting any franchise or privilege, or making or authorizing any contract (except contracts for improv ements, the expenses whereof are defrayed by special local assessment), and contracts where the subject matter involved does not exceed one thousand ($1,000.00) dollars adopted by the City Council, be submitted to said electorate, then such ordinance or measure must either be repealed or submitted to the electors for approval or rejection at the next succeeding city election occurring subsequent to sixty (60) days after the filing of said petition or petitions, or at a special election called prior to such general election, and if such ordinance or measure has not gone into effect before the filing of such petition or petitions, and such petition or petitions are signed by qualified electors of the city, in numbers equal to fifteen (15) per cent. of said registration, then said ordinance or measure shall not go into effect until and unless adopted at such election, and no ordinance or measure once so submitted, shall be again so submitted, except by a vote of the City Council, or on a petition signed by twenty-five per cent. (25 per cent.) of the said registration. electors to be tive in ten If a majority of the votes cast on any ordinance or meas- Voice of ure referred as herein provided, to the electors of the city, made effecshall be in favor thereof, it shall, if not already in effect, days, etc. go into effect ten days after the official count shall be determined, otherwise such ordinance or measure shall be 1907. Veto or repeal of ordinance. Highest vote controls. Pres. to act as Mayor during absence of Mayor. In case of death, resignation of Mayor. Power of etc. repealed or rejected. Such repeal shall take effect ten days after the official count shall be determined. No ordinance or measure approved by an electorate under the provisions of this section shall be subject to veto, or be amended or repealed except by a vote of the same electorate, or by legislative authority. If the provisions of two or more measures approved and adopted at the same election conflict, then the measure receiving the highest affirmative vote shall control. Sec. 19. The President of the City Council during the absence or disability of the Mayor, shall act as such Mayor, but while so acting as Mayor, he shall not have the right to act or vote as a member of the City Council, but the City Council shall in such case elect a President pro tem., and in case the Mayor shall be absent or laboring under any disability for more than three (3) days at a time, the acting Mayor shall receive the Mayor's salary for the time of his absence or disability, provided that in event of the absence, sickness, or disqualification of the Mayor and President of Council, the City Council may elect one of its members, who shall be the acting Mayor. And provided further, in case of death, resignation, removal, failure to qualify, non-residence, or physical disability, or in case of failure to elect a Mayor, the President of the City Council or acting Mayor, as above provided, shall discharge the duties of said office until a successor for the unexpired term shall be elected by the people, which election shall be held within sixty (60) days after the happening of a vacancy. Sec. 20. That the City Council shall have the power to pass certain make, establish and ordain for the government of said city ordinances, and the officers of said city, such ordinances in writing and such by-laws and rules of order not inconsistent with this charter, the constitution and laws of the United States, as they may deem necessary; provided a majority of the City Council shall assent thereto. They shall have power to pass all such ordinances and prescribe penalties for the violation thereof, as may be necessary to define, prevent or abate nuisances; to restrain and punish gam bling or other disorderly conduct; to prevent the running at large of cattle, horses, dogs, hogs, sheep, goats, and Counell by fowls or other domestic birds, in the streets of the city. 1907. or in the city limits, and to impound the same; to provide for the establishment of waterworks, electric and Powers of other lighting and heating plants, and all other plants ordinance. necessary for the city, and may make contracts relating to the same, and whenever the same are so established, may provide for the operation and maintenance of the same; to grant municipal franchises to street railways, telegraph and telephone companies; to regulate the speed at which horses and bicycles may be ridden; to regulate the speed at which horses and vehicles of all kinds, automobiles and motor-cycles may be driven through the streets; to regulate the speed at which street or other railways shall run in the city limits; to license privileges, businesses, occupations and professions carried on and engaged in within the city limits, and the amounts of such license and the amount of such license taxes shall be fixed by city ordinance, which amounts of said taxes shall not be dependent upon a general State revenue law. The City Council shall have power to regulate saloons Saloons, etc. and places where intoxicating liquors, wines and beers are sold, to fix the time for opening and closing such places of business, not inconsistent with the State law, and to prescribe the limts of any portion of the city where intoxicating liquors, wines and beers shall not be sold and to enforce such ordinances by fine or imprisonment. ulations. The City Council shall have power to pass all such or Health regdinances as may be necessary to establish quarantine and health regulations for the City of Miami, not inconsistent with the rules and regulations of the State Board of Health, and enforce same by penalties. Council. To arrange for and provide for a fire department and to Powers of regulate the same so as to protect the city from fire; to organize a city police department, to number drays and fix the rate of drayage; to provide for the inspection of gas, electric light and water meters; to pass and enforce ordinances; to compel stationary steam engines to pass an examination for licenses and to take out license and affix ing penalties for failure to do so; to compel the inspection of steam boilers, except locomotive and marine boilers, and to compel employees to employ only licensed stationary engineers, and affix a penalty for a failure to do so; to compel employers, their managers or servants to allow 1907. Powers of Inspection. Powers of inspection of boilers and of affixing a penalty for refusing to do so; to establish hospitals, and in conjunction with the Board of County Commissioners, to establish rules and regulations respecting the poor, indigent, infirm and insane; to provide for the support and fix the conditions upon which such persons coming into said city shall be allowed to remain; to provide for the punishment of persons who may at any time disturb the peace of the city, or violate any of its ordinances, or any of the rules and regulations of the State Board of Health; to provide for the inspection and regulate the sale of milk, meats and fish; to fix and regulate from time to time the salaries of the officers and employees of the city, except as herein oth erwise provided; to compel property owners or occupants to connect with the city sewers, and to do or regulate any other matter or thing that may tend to promote the health, welfare, prosperity and morals of the city, and for carrying into effect the aforesaid powers; to prohibit and suppress all bawdy houses and disorderly houses; any exhibi tion, show, circus, parade or amusement contrary to good morals, and all obscene pictures and literature; to reg ulate, restrain or prevent the carrying on of manufactories dangerous in increasing or producing fires, and license the sale of firearms; to regulate the storage of gunpowder, tar, pitch, resin, saltpeter, coal-oil, or other combustible, explosive and inflammable material, and the use of lights, candles, lamps and steam pipes in all stables, shops and other places; to regulate and suppress the sale and use of firecrackers and of other fireworks, toy pistols, air guns and sling shots. To provide for and regulate the inspection of beef, pork, flour and meal and all other provisions and oils. To regulate the inspection of butter and lard; to reg ulate the testing of meats, poultry, tish, fruit and veg. etables. To establish and maintain markets and to provide for the arrest, imprisonment and punishment of all vagrants and all riotous and disorderly persons within the city by day or by night and for the punishment of all breakers of the peace; and to disperse all disorderly assemblies on all Sundays or secular days; to pass all ordinances necessary to the health, convenience, comfort and safety of the citizens, and to carry out the full intent and meaning of this act, and accomplish the objects of this intended corporation to impose penalties for the violation thereof. 1907. Powers of To impose penalties on the owners, occupants or agents Council. of any walks or sidewalks, or any other structure or place, or any other place which may be dangerous or detrimental to the citizens or their property, unless after due notice. the same may be remedied or removed. To provide for the inclosing, improving and regulating of public grounds belonging to the city, within or without the corporate limits; to provide for the imprisonment of offenders against the ordinances at hard labor on the streets or other work to be designated by ordinance, unless the fines and costs attached against them by judicial authority are paid. Council. The Council shall determine by ordinance the amount to Powers of be credited to such persons on account of fine and costs for each day's work performed. The City Council shall have power by ordinance to appropriate money for the payment of debts and expenses of the city and also for debts of the municipal corporation of which said City of Miami is successor, under this act. Provided, that no costs in criminal prosecutions shall be taxed against the city, or paid by the City Council. drays, cars, To license, tax and regulate hackney carriages, cars, om- Wagons, nibuses, wagons and drays, and to fix the rate to be etc. charged for the carriage of persons and property within the city and to the public works beyond the limits of said city. All vacancies in terms occurring in City Council shall Vacancies. be filled by the vote of a majority of the remaining members of said City Council. Said City Council shall judge of the election and return of its own members, and prescribe rules for the determination of contested elections and to prescribe rules and regulations for the government of its own members. The City Council shall have the right to prescribe pen- Penalties. alties for breaches of all or any of its ordinances or any section thereof by fines and imprisonment in the city jail, and to force the collection of fines by attachment summarily against the property of the delinquent, if the same can |