Newton, Utah Town Government

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[ Newton Town Board Annual Minutes 1900-1935 ]

Rules and Ordinances, Newton, Utah 

transcribed verbatim by Ann Herzog
provided by the Special Collection Department, Newton Town Library
Some "clarifications", in square brackets, were added by the web page editor

Newton Town [Utah] was founded in March 1900 and adopted these ordnances the first year the Town was incorporated

RULES OF THE TOWN BOARD [1900]

1. Ruglar meetings of this council may be called at any-time by the Prest. due notice of which shall have been given, or appliocation of two trustees also by resolution of this council at any regular meeting.

2. The Prest. of this council shall take the chair at the hour fixed for the meeting of the council call the meeting to order and request the sect’ry to call the roll, and in the appearance of a quorum cause the minutes of the last meeting to be read. If there are no objections to the minutes we shall order them approved as read. In the absence of the pres. this council shall name a pres- pro tem-

3. The Pres. shall preside at all meetings of this council, preserve order and deside all questions of the order subject to an appeal to the council and shall have the casting vote.

4. The sec’y shall keep correct minutes of the preceeding of this council, copy all ordinances and post them according to the order of the council.

5. Order of Business

1. Prayer
2. Roll-Call
3. Reading of minutes
4. Presentation of any communications
5. Reports of commettees
6. Intriductions of ordinances and resolutions.
7. Misceleaneous -

6. A majority of the members of this Board shall constitue a quorum to transed business.

7. Every communication by a member for the consideration of this council bear his signiture.

8. Any report of the commettee shall be defired for final action until the next meeting by request of any two members.

9. When a question is being descussed no motion shall be received but, to adjour- to lay on the table - for the previous question - to prospone to a certain time - to refrin or amend - to pospone indefenalety or to strike out the enaction clause and motions shall have president in order named.

10. Every ordinance shall receive three reading previous to its passage and on the passage of every ordnance, contract, resolution, lease or fundrise, the votes shall be by ayes and noes and shall be entered in the minutes.

11. This rules may be altered or amended by a majority of the members of the council, or may be suspended by a two thirds vote of the members present.

John E. Griffin

(The information below was written later and in a different hand)

Members of the first town board seem to be
Charles M. Christensen, President & board member
John E. Griffin, Secretary and board member
J.N. Hansen, Board member
Wm. J. Barker, Board member
John Benson, Board member.

Liscence

Be it ordained by the town Board of Newton.

No. 1

Every person before ingaging in or persueing any business or vocation herein after menteined shall obtain a lisence so to do by paying in to the town treasurary in advance as follows: -

For a liscense for a Shooting Gallery per day of twenty four hrs. $ 1.
For a liscense for a refreshment stand of twenty four hrs. $1.
For a liscense for any magic lantern, panirania, Theatre, sleight of hand performance, Cencert, air exbition or any show not mantaied here in for each performance $1.
For a lisence as an insurence agent or insurance solicitor for each company represented $ 5. per year.
For a lisence as sewing machine agent per year $5.
For a liscense as a peddler for merchandise or goods, wares or medicens of every discription per day of 24 hours - - - $ 1.

John E. Griffin Clerk

Liccense

No. 2

Ordinance on Liscense -

Be it ordained by the Town Board of Newton. That every merchant or retailer before commencing or carrying on his business shall make a statement of the cash value of his goods, wares and merchandise which he may have in his possission or under his control, whither owned by him or consigned to him for sale, together with the full amount of the assessed valuation of said stock made by the county assessor at the assessment next preceeding the date of the making said statement, which statement shall be sworn to before the Prest. Or Sec. by the merchant or his duly authorized agent, previoded that if any merchant shall increase his stock beyond the limit of his class of goods or business during the period of his liscense, he shall pucure an additional liscense for such increase and provided futher, that if the statement of the cash value of such stock of goods wares and merchandise is less than the amount of the assessment as above mentioned no liscense shall issure for a less amount than the assessed valuation of said stock of goods, unless the President shall be satisfied that there has been an actual decrease in the amount of said stock commensurate with the difference in amounts as above mentioned. The sectary shall file all such statements and yearly liscense shall be issued there on.

The rate of liscence shall be:

Over $4000. and not exceeding $5000 shall constitute thirteenethe class & pay $40.
Over $3000 and not exceeding 4000 shall constitute fourteethe class & pay $30.
Over $2000 and not exceeding 3000 shall constitute Fifteenthe class & pay $24.
Over $1000 and not exceeding 2000 shall constitute sixteenthe class & pay $18.
Over 500 and not exceeding 1000 shall constitute seventeenthe class & pay 12.
Over 250 and not exceeding 500 shall constitute Eighteenthe class & pay 8.
Not exceeding 250 shall constitu nineteenthe class and pay $4.

The previsions of this ordnance shall not be construed to authorize one person to sell spirituous, ---------, or fermented liquors in any quanity.

John E. Griffin Sec.

Bonds

No. 3

Be it ordained by the town board of Newton:-

Sec. 1 The several officials herein maintained shall give bonds to the town board with two or more ------- in the peval sum to wit:-

Treasurer --------------------------- $5.00
Marshall ----------------------------   2.50
Pound-keeper-----------------------  2.50
Clerk ---------------------------------  2.50
Road Supervisor -------------------  2.50

Sec. 2 Each of said board shall be approved by the Town Board.

Sec. 3 In case of death or insolvency of a security in any of said bonds, the officer who had given the bond, shall immediately give a new one, and if he fails to give such new bond with in a reasonable lengthe of time aften notice by officer having bond in charge, such failure shall be sufficient cause for his removal from office

C.M Christensen Pres.
John E. Griffin Sec.

 

Quarantine Etc.

No. 4

Be it ordained by the town Board of Newton:-

Sec. 1 - The board of health -----for appointed shall exercise general supervision over the health of the town and effect all measures necessary to permote the health and cleanliness of the same. It shall abate all nusances of every discription on public or privite property. It shall use all measures necessary to prevent the introduction or spread within the town or one mile thereof of any malignant, contagious of infectious diseases and remove quarantine or other wise dispose of any person, clothing or effects attacted with or having been exposed to such diseases and shall adopt such rules and regulations necessary to prevent the introduction or spread of such deases with in the town.

Sec. 2 - The Board of Health shall take notice of all ordinances relating to the sanitary condition of the town and enforce the same and to that end is hereby authorized to enter in the day time any premises, houses or buildings within the town and futher they may command the aid of the marshall to assist in the descharge of their duties if it becomes necessary so to do.

Sec. 3 - It shall be the duty of all persons to report immediatly to the board of health all cases of diptheria, small-pox, and scarlet-fever. The place where in any person or persons are located having any of the diseases mentioned herein shall have displayed ------- a colored flag - This flag must be allowed to remain twenty one days after scarlet fever and seven day after diptheria is reported to have been abated and it shall be unlawful for any persons to remove or interfere with in anyway said flag without the permission of the board of health.

No person who is or has been affected with any of said diseases named herein shall be permitted to leave the house in which he or she resides or lodges without the permission of the board of health to be given. When all danger of communicating the disease has passed and no person residing or lodging in a house where in such disease are present shall attend school, churches, or other public place without permission of the board of health. Twenty one day must have elapsed after the quarantine has been removed from the places where in scarlet fever has existed and seven day where in diptheria has existed, before a permit to attend school shall be granted.

Sec. 4 Any person who refuses to comply with or resists any of the previsious of this ordinance or who refuses to obey any rule of the board of health or who refuses to comply with or who resists any officer or order of the board of health, shall upon conviction be fined in the sum of not less than five or more than fifty dollars.

Wm. J. Barker, Pres.
John E. Griffin.

 

Sidewalks - Bridges - Trees Etc.

No. 5 -

Be it ordained by the town board of motion - [Sec. 1 -] All owners and occupants of city lots are hereby required to build foot bridges over ditches adjacent to their respective city lots, said bridges to be no less than three feet wide and the same to be kept in repair by said owners

Sec. 2 - All Trees on sidewalks or streets shall be trimed by abutting owners so that no branch shall be within eight feet of the ground.

Sec. 3 - It shall be unlawful for any person to drive a team or to lead drive or ride any animal upon any side walk of this town and in addition to the penality there of such person shall be liable for all damages occuring there by.

Sec. 4 - Fast Driving -

It shall be unlawful for any person by riding or driving immoderately and recklessly, to run any horse, mule or other animal or to cut any shines in any street of this town.

Sec. 5 - All ditches accross streets must cross at right angles when possible and all ditches now crossing oblequely must be straightened providing same can be done by a levy of eighteen inches. All unnecessary ditches accross streets shall be done away with. The matter of streets and sidewalks shall be under the control of the street supervisor.

Sec. 6 - All dead animals, putriod meal, fish or other offensive matter shall be burried by the owner there of at a distance from any water course of at least fourty feet and at a depth below the surface of the ground of not less than two feet.

Sec. 7 - It shall be unlawful for any person to willfully injure, deface or destroy any building or ficture thereof or injure, destroy, or secrete any goods, chattels, or valuable papers of another or to arrange any traps, prepare any dead falls or dig any pit or injure anothers person or property or to take down or remove any monument, steal sign or any tree or to destroy any fence or fountain shade or fruit tree or any other kind of public or private property -

John E. Griffin

Ammendment

It shall be unlawful for any owner of any city lot or any person to obstruct any sidewalk of this town by building fences, trees or in any other way.

Marshall - duties of

No 5

Be it ordained by the town board of Newton:

The town Marshall shall quell all riots, arrest and being all disorderly persons before a justice having jurisdiction, either with or without process: serve all processes issued by a justice to him directed and see that all orders and judgements of said justice court are carried into effect.

He shall take such measures as shall secure the peace and good order of all meetings. He shall take all animals running at large upon the public highway and drive them to the town pound.

Sec. 2 - The Marshall in the exercise of his duties, with or without warrant, in arresting any person accused or suspected of a crime, or in the suppression of any riot or unlawful assembledge, or in the preventation of the violation of any ordinance, shall have power to require the aid of any citizen or bystander if necessary to accomplish the same. He shall inquire into and report to the justice hearing jurisdiction all violations of town ordinances and criminal laws of this state and cause all ordinances passed by the Board to be enforced. He shall arrest and take into custody with or without papers any person found doing any act in voilation of any town ordinances and bring him before said justice to be dealt with according to law.

Sec. 3 - The Marshall shall keep a correct account in a book provided for that purpose, of all moneys belonging to the town which may come into his hands, from what ever sourse stating from whom and on what account received and pay the same into the town treasury.

He shall also record the name, if obtainable of every person arrested, the date and cause of arrest, and such other facts as may be deamed important and repot an abstract thereof to the town board quarterly or oftener ir required.

Char M Christensen, Pres.
John E. Griffin, Clerk

???????

No 6

[wording ????]

Poll tax

No 7 -

Be it ordained by the town Board of Newton: -

Sect. 1 - Two days work of eight hours each or in lieu thereof dollars lawful money, is an annual road poll tax upon every person over twenty one and under fifty years of age who is not physically incapacitated to work and not exempted by law, resident in Newton.

Sec. 2 - Said poll tax shall be collected as here in after provided and shall be used by the town for improving such streets as the town board may direct. All labor performed shall be under the direction of the street supervisor.

Sec. 3 - Said supervisor shall, between the first day of January and the first day of November of each year, list the names of all persons within the coporate limits of the town who are liable to pay a poll tax as provided in section one of this ordinance. He shall enter said names in a suitable register which shall be provided him by the town board. Said names shall be in alphebelical order with suitable columns opposite each name to enter 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. 4 - It shall be the duty of said supervisor between the first day of January and the first day of November of each year to give at least two days notice of the day or days and place to work to each person subject to pay a poll tax in the town said notice to be given personally or in writing left at his residence. All persons so notified must appear at said time and place with such tools and implements as he may direct and labor diligently under his direction for eight hours each day and for such two days labor the supervisor shall give him a certificate which shall be evidence that he has performed said labor upon the public roads. Where a team shall be used for doing such work, the supervisor shall allow said person $ 1.50 to be applied on his poll tax.

Sec. 5 - Each person liable to pay a poll tax who fails to attend either in person or by satisfactory substitute, as per notice of street supervisor or appearing shall spend his time in idleness or fail to work according to the direction of street supervisor or shall fail to furnish within ten days after notice some satisfactory excuse for not attending shall be deliquent and the street supervisor must proceed to collect same by action in the name of the town.

Sec. 6 - The Town Board shall furnish the street supervisor with suitable receipt books and said supervisor shall give a receipt from such book to each person who had paid his poll tax. The supervisor shall state on receipt whether said poll tax has been paid in labor or cash and shall make a corresponding entery on the stub of said receipt and said stub shall be returned to the town Board.

Sec. 7 - On or before the first day of December of each year the street supervisor shall return to the town board the register and stubs as here in provided with a written report containing a summary of the facts shown there in which report shall show

1. The total number of persons assessed for poll tax during the year.
2. The total amount of poll tax paid in labor.
3. The Total amount of poll tax paid in cash.
4. The amount of tax collected by suit and the name of the deliquents.
5. The amount of uncollected poll tax and the name of each deliquent and the reason in each case why the tax remains uncollected
6. The amount and kind of poll tax labor experided in the town and the places where such labor was performed.
7. A general report of the conditions of the streets of town.

Sec. 8 - The town board may at any time require a special report from the street supervisor. A failure to make any report as provided herein shall subject the supervisor to a penalty in any sum not to exceed one hundred dollars to be received in an action on his bond.

Chas M. Christensen, Pres.
John E. Griffin, Lic

Estray Pound

No. 8 -

Be it ordained by the town board of Newton

[Sec. 1 -] It shall be unlawful for any owner of any cattle, horses, mules, sheep, goats or swine to allow such to run at large upon the highways or commons within the corporate limits of Newton and any such animals so found may be taken up by any person and driven to the town pound

Sec. 2 - It shall be the duty of the town pound keeper to receive and take car of all animals committed to his charge and provide all necessary forage therefor and use due deligence to find the owner of said animals by exmeaning the records of marks and brands and otherwise in notify the owner if possible. He shall receive and file all bills of damage duly presented and enter the amount in the pound book which shall be open to the inspection of the public. He shall not deliver any animal to the owner until all costs and damages are paid or satisfactorily arranged for.

Sec. 3 - The town pound keeper shall register in the pound book all animals delivered to him for committment which registration shall set forth, when received from whom, where found, amount of damage done, kind of animal, approximate age, color, marks, brands and such other discription as may aid the owner to identify his animal, a true copy of which the town pound keeper shall forthwith post up on the outside of the enterence to said pound.

Sec. 4 - All damage done by any animal trespassing shall upon the request of the person damaged be forthwith appraised by any disinterested party who may make a reasonable charge for such services and shall set forth in such appraisal in writing. The time and place of damage, the amount of damage together with his charges, the name of the owner of the animals if known, the name of the person damaged, also the kind and description of said animal, which appraisel, if not paid or satisfactory arranged for by the owner, or if the owner be not found, shall together with the animal be delivered to the town pound keeper, provided that if the owner deem the appraisal to high said owner may choose another appraiser who with the first shall make a new appraisal or when they can not aggree they may choose a third and the three may proceed to make a final appraisal, and said appraises shall be paid $ .20 per hour and ten cents mile ---way by owner of said animal or animals, or if said animal are sold shall be deducted from the precede thereof.

Sec. 5 - All animals remaining unclaimed 24 hrs after committment shall be advertised for sale by the pound keeper by posting at least two notices giving a description of said animals as directed in section four of this ordinance, and that if not claimed and taken away within ten days from date of said notice, he shall expose them to public sale, specifying time and place and sell them to the highest responsible bidder.

Sec. 6 - The net proceeds of the sale of all animals made in presueanse of section five of this ordinance shall be paid into the town treasury, subject to the order of the owner of said animals if applied for within six months of the date of sale. If not applied for within that time the treasurer shall place the amount to the credit of the general fund of Newton.

Sec. 7 - Any person taking his own animals or that of any other person out of the custody of the person holding the same for damages done by it, or out of the town pound by stealth or by force, or who shall hire any one, while in the discharge of his duties under the provisions of this ordinance shall be liable to a fine in any sum not to exceed $ 50 or imprisonment not to exceed thirty days or both such fine and imprisonment.

Sec. 8 - The fees to be collected by the pound keeper shall be as follows:

For impounding and registuring any of the following animals per head, cattle, horses, mules, calves, sheep, goats or swine $ .25, fifteen cents of which shall be returned by the pound keeper and two cents of which shall be paid into the town treasury. For posting notices twenty five cents. For selling said animals as above pounded 10% of the purchase price. For feeding and caring for animals a reasonable compensation not to exceed $ .20 per day, the same to be governed by the price of forage and pasturage at the time thereof. All of which shall be paid by the owner of said animals or in case of sale of said animals said fees shall be deducted from the proceeds thereof.

Sec. 9 - It shall be the duty of the pound keeper to keep books in which he shall keep and accurate account of all receipts and disbursments and shall make a full and detailed report of his proceedings to the town board quarterly, stating therein the number of animals impounded, the number of animals sold, to whom sold and the amounts received therefrom, the amount received and paid for forage and sale and he shall pay over to the town treasury all funds remaining in his hands remaining to the corporation

C.M. Christensen, Pres.
John E. Griffin, Clerk

Ammendment

The owner of any animal sold under the provisions of this ordinance may at any time within ninty days of the sale recover said animal by paying to owner the purchase price together with a reasonable amount for pasturage and interest.

Penalty for violating ordinances

No 9

Be it ordained by the town Board of Newton

Who ever violates any prevision of any ordinance of this town whether now passed or that may be passed hereafter shall, unless other prevision is made be fined in any sum not to exceede fifty dollars.

John R. Griffin, Clerk.

[Dog Control]

No. 10

Be it ordained by the Town Board of Newton

Sec. 1 - Any female dog running at large while in heat shall be liable to be killed by the marshall and the owner thereof shall be punished as provided in ordinance number 9.

Sec. 2 - It shall be unlawful for any owner or keeper of a dog to premit same to enter or be in a place of worship durring service.

Sec. 3 - If any owner or keeper of a fierce, dangerous or mischievous dog permits same to run at large, he shall be punished as provided in ordinance number nine, and the marshall shall immediately cause said dog to be killed

John E. Griffin Clerk

Historical note: John Larsen was put in as [Town Board] Clerk in Nov 1902.  Newton had telephones in 1903.

[Smoking]

No 11

Be it ordained by the town Board of Newton

[Sec. 1 -] It shall be unlawful for any person to smoke cigarettes, cigars, or pipes on the Newton Meeting House grounds. Any person guilty of violation, the above ordinance shall be liable to a fine of not less than $2.50 (Two dollars 50)

John E. Griffin Clerk

[Firearms]

No 12

Be it ordained by the town board of Newton

[Sec. 1.] That all careless and unnecessary use of fire arms within the town limits shall be forbidden, and punished as a misdemeanor.

John Larsen Clerk

[Lots and Ditches]

No 13

Be it ordained by the Town Board of Newton.

Sec. 1, It shall be the duty of owners, lessee’s administrator’s, and others controlling city lots within the town limits, to clean, and keep in continual good condition, all ditches adjacent to said lots. (Also repair all ditches running through said lots.)

Sec. 2. (It shall be the duty of owners, lessee’s administrators, etc. of cornor lots to mantain ditches to middle of street crossing.)

Sec. 3. It shall be the duty of owners, etc. where ditches do not exist to have said ditches made within twenty days from the passing of this ordinance.

Sec. 4. All ditches within the town limits shall be under the control of the street supervisor, who shall have authority to notify all owners or those in control of city lots to make, clean and repair all ditches as described in section one and two of this ordinance.

Sec. 5. If any owner etc. of city lots refuses, neglects or improperly performs said making, cleaning and repairing of ditches when notified to do so , the street supervisor shall have such work done at the expense of those guilty of the violation of this act. And if said parties refuse to pay such expenses suit may be entered against them for recovery of amounts due.

John Larsen Clerk

[Telephone Franchise]

No 14

An ordinance granting a franchise to the Rocky Mountain Bell Telephone Co.

Be it ordained by the city council of the city of Newton.

Sec. 1, That there is hereby granted to the Rocky Mountain Bell Telephone Co a corporation, its successors and assigns, the right to place and maintain poles and wires with arms braces and other fixtures necessary thereunto, over and upon the streets alleys and public ways of said city, for the purpose of supplying to the public communication by telephone or other improved electrical device.

Sec. 2, In consideration whereof the said Rocky Mountain Bell Telephone Co. shall agree to allow the said city to attach at any time to any of said poles the citys fire alarm or police wires, provided the same shall be placed and maintained so as not to interfere with said companys use, and under the direction of said companys manager in said city and said company is to furnish for city business, free of charge, and with exchange service so long as and exchange service is maintained hereunder, one Telephone at Newton.

Sec. 3. No electric light or other wire used for carrying heavy currents of electricity, shall approach to or cross the lines of any Telephone Police or Fire Alarms wire at a distance of less than four feet either above or below said Telephone Police or Fire Alarm wire, and shall be secured, fastened on, suports placed as near as practicable to said Telephone Fire Alarm or other wires. Whereever any such wire is maintained in violation of the provision hereof. The owners or persons in charge of said wire shall remove same upon receiving a written notic to do so; the same may be removed by order of the City Marshal at their expense.

Sec. 4, Any person not having the right or authority to do so who shall interfere with, cut, remove, break, deface, or destroy, any Telephone Police or Fire Alarm pole wire fixture or instrument within the corporate limits of said city, and any person without authority to do so , who shall use said poles for the purpose of hosting thereon bills or advertisement of any kind whatsoever, or who shall violate any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars and the cost of the prosecution, for each offence.

Sec. 5, The provisions of this ordinance shall be void unless an unconditional acceptance thereof is placed on file in the office of the City Clerk by said Rocky Mountain Bell Telephone Company

Sec. 6, The right hereby granted shall not be exclusive, but council reserves the power to grant to others a like right of way.

John Larsen Clerk


Deed to water rights, 1916

Buttars Deed  (copied July 9, 1935)

John Buttars, and Sarah Buttars, his wife, of Clarkston, Cache County, Utah, grantors, hereby convey and warrant to Newton Town, a municipal corporation of Cache County, Utah, Grantee, for and in consideration of the sum of Four Thousand five hundred ($ 4,500.00) dollars and other good and valuable consideration, the following desirable property situated in Cache County, Utah, to-wit;

All of the waters arising upon the following described tract of land, consisting of a series of springs and percolating waters, said springs being principally seven in number, and said percolating waters being diffused throughout the soil surrounding said springs to-wit:-

Beginning at a point (124) feet North of the South-east corner of the North east quarter of section thirty-four (34), Township fourteen (14) North range two (2) West of the Salt Lake Base and Meridian, and running thence North 85 13' West (489) feet, thence North 12 10' East (349) feet; thence North 2 15' East (745) feet; thence South 85 13' East (380) feet; thence South 0 15' East (1094) feet to the point of beginning, and being further described as being situated in the East half of section Thirty-four (34), Township fourteen (14), North range two (2) west of the Salt Lake Base and Meridian, together with the right to make all necessary excavations for the purpose of gathering said waters and laying in said excavations or trenches all necessary recipticles, conduits, and pipe lines for the purpose of gathering said waters into one principal water main and conducting the same from said premises, together with the to remove from said lands all brush, willows, weeds and other obstructions or impediments to the installation and maintainance of said water system or the gathering of said waters by said means, said installation to be completed during the year 1917, but provided however, that if thereafter other seeps or springs shall appear on said premises, or such as may now appear and exist but which at the present time it would not appear to the grantee profitable to develop or connect with said system, that said grantee may at any future time connect seeps or springs with said principal pipe line in order to appropriate and obtain the use of the waters there from, provided that if in so doing said Town shall destroy any growing crops that the same shall be paid for as hereinafter provided in case of making necessary repair.

Also, the right after the installation of said system to perpetually maintain the same, and to perpetuallyse of the waters arising upon said lands and the right to conduct the same from said lands through said pipes and conducts together with the right of ingress and egress for the purpose of making necessary repairs or connections, provided that in so doing any damages that shall be done to growing crops shall be paid for by the grantee upon the value of the market value of the crops destroyed.

In witness here of the grantors have hereunto set their hands this 30th day of December 1916

John Buttars
Sarah L. Buttars
Grantors

Signed in the presense of:
J.R. South
State of Utah
County of Cache

On this 30th day of December 1916, personally appeared before me a notary Public in and for said county and State, John Buttars and his wife Sarah Buttars, the signers of the above instrument who duly acknowledged to me that they executed the same.

J.R. South
Notary Public
My commission expires
Sept 7th, 1917


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