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Municipal court

tions

jurisdiction

courts

Proviso

to make complaints before the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the commissioners, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the commissioners for the good government of the city.

SEC. 28. Municipal Court. There shall be in said city a municipal court; the papers, pleadings filed therein, and processes issuing therefrom shall be entitled "In the Municipal Court of the City of Winnemucca"

SEC. 29. The municipal court shall be presided over by a Police judge, police judge, who shall be a citizen of the state and resident of qualificathe said city for not less than one year and who shall be a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a Concurrent municipal nature, and the said court shall have concurrent with justice jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of said city and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be regulations recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.

Fines.

regarding

Municipal court, jurisdiction

in various cases

Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of action to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any

bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so Proviso construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by justice courts.

of offenses

The said court shall have jurisdiction of the following offenses Jurisdiction committed within the city, which violate the peace and good against order of the city, or which invade any of the police powers of peace of city the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobious conduct, and of all offenses under ordinances of the city.

justice court

kept

The said court shall be treated and considered as a justice Treated as court whenever the proceedings thereof are called into question. The court shall have the power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace. The police judge shall keep a docket in which shall be entered pocket to be all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report. In all cases in which the police judge shall by reason of being Judge disa party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county on the written request of the mayor, may act in the place and stead of such police judge, and the commissioners shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and de

qualified to

act, when

duct the sum so apportioned from the salary of such police judge.

Appeals to the district court may be taken from any final Appeals, how judgment of said municipal court, in the same manner and with the same effect as in cases of appeal from justice courts in civil or criminal cases, as the case may be.

taken

Warrants

Enacting clause of ordinances

Ordinances must be signed by mayor

Powers of board of commission

ers

All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.

SEC. 30. The style of ordinances shall be as follows: "The Board of Commissioners of the City of Winnemucca do ordain.” Ordinances when first proposed shall be read aloud in full to the board of commissioners and final action thereon shall be deferred until the next regular meeting of the said board, except in the cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. All ordinances shall be signed by the mayor and attested by the city clerk and be published in full together with the names of the commissioners voting for or against their passage in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publishment by the publisher, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of commissioners they shall be so received.

SEC. 31. The said board of commissioners shall have the following powers: To make and pass all ordinances, resolutions and orders not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

2. To control the finances and property of the corporation. 3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

board of

4. To levy and collect taxes within the city for general and Powers of special purposes on real and personal property as provided by commissionlaw.

5. To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds in an amount in excess of 20 per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness in excess of 2 per cent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The board shall have the power to acquire or establish any public utility only in the manner herein provided. The board shall enact an ordinance which shall set forth fully and in detail the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such ordinance shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city. At the first regular meeting of the board, or any adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published ordinance, unless a petition shall be presented to it signed by not less than 20 per cent of the qualified electors of the said city, as shown by the last preceding registration list, and representing not less than 10 per cent of the taxable property of said city, as shown by the last preceding tax list or assessment roll, provide for a special election upon the question of whether or not the proposed ordinance shall be passed, thereupon, no such ordinance shall be enacted or be valid or effective for any purpose whatsoever unless at the special election called and held for the purpose, the majority of the votes cast are for the ordinance.

ers

Powers of 6. To issue bonds in place of or to supply means to meet commission- maturing bonds or for the consolidation of refunding of the

board of

ers

fund to be apportioned

same.

7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.

8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.

9. To fix the amount of license and terms and manner of their issuance.

SEC. 32. County Commissioners to Apportion Road Fund. The County road board of county commissioners of Humboldt County shall, from time to time, upon the request of the city board of commissioners, apportion the city such proportion of the Winnemucca road district fund of the county of Humboldt as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property within the Winnemucca road district, inclusive of the property within the city, and all money so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the city board of commissioners.

to be imposed

10. To fix, impose and collect a license tax on and to reguCity licenses late all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon. performances and performances of any, every and all kinds for which an admission fee is charged, or which may be held. in any house, place or inclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafés, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed brick yards, street railway companies operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicat

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