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In Board of Aldermen, December 23, 1861.

Laid on the table, and ordered to be printed.

Attest:

S. F. MCCLEARY, City Clerk.

CITY OF BOSTON.

AN ORDINANCE

In relation to the Common, Public Garden, Public Squares, and Common Lands.

Be it ordained by the Aldermen and Common Council of the City of Boston, in City Council assembled, as follows:

SECTION 1. The Board of Aldermen shall have the care 2 and custody of the Common, Public Garden, public squares, 3 and public fountains of the city, subject to such ordinances, 4 as may from time to time be adopted by the City Council; 5 but no money shall be expended on the same except for such 6 purposes as shall be ordered by the City Council.

SECT. 2. It shall be lawful for any police officer to remove 2 from the Common, Public Garden, or any of the public 3 squares or common lands, any person who is violating any 4. law or ordinance, or is committing any nuisance, or is guilty 5 of disorderly conduct.

SECT. 3. No person shall ride, lead, or drive any horse in 2 or upon the Common, Public Garden, or in or upon any public 3 square, or any open ground belonging to the city, unless by 4 permission of the Mayor, or duly authorized by the Board of 5 Aldermen; provided, however, that on occasion of military 6 exercise, parade, or review, the introduction of any horses on 7 the Common, which may be necessary for the purpose of such 8 exercise, parade, or review, shall not be deemed an infraction 9 of this ordinance.

SECT. 4. No person shall dig or carry away any of the 2 sward, gravel, sand, turf, or earth in or upon any part of the 3 Common, Public Garden, public squares, or common lands, 4 except by permission of the Mayor and Aldermen, for some 5 public use.

SECT. 5. No person, except by permission of the Mayor 2 and Aldermen, shall climb any of the trees growing, or which 3 shall hereafter be planted, on the Common, Public Garden, 4 public squares, or common lands of the city, or in any street 5 or public place of the city, nor tie a horse or any other animal 6 to any of said trees, or post any bills thereon.

SECT. 6. No person, except by permission of the Mayor 2 and Aldermen, shall in any manner carry or cause to be 3 carried upon the Common, Public Garden, common lands, or 4 any public square or place of the city, any dead carcass, 5 ordure, filth, dirt, stones, or any offensive matter or substance 6 whatsoever, and no person shall commit any nuisance on the 7 Common, Public Garden, common lands, or any public square 8 or place of the city.

SECT. 7. No person shall shake or otherwise cleanse any 2 carpet on the Common, Public Garden, or on any of the com3 mon lands, or in any of the public squares or places, streets, 4 lanes, or alleys of the city.

SECT. 8. No owner or keeper of any horse or grazing 2 cattle, shall suffer the same to go at large, or feed upon the 3 Common, Public Garden, common lands, public squares, 4 streets, lanes, or alleys of the city. And any horse or cattle 5 found at large in said city, not having a keeper, shall be 6 liable to be impounded by any field-driver, and detained by 7 him until the payment of fifty cents, together with the costs 8 and charges of impounding and keeping the same.

SECT. 9. No person shall, without permission of the Mayor 2 or Board of Aldermen, carry or cause to be carried upon the 3 Common, Public Garden, or public squares of the city, any 4 wheelbarrow, hand-cart, or other vehicle for the conveyance 5 of burdens.

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SECT. 10. No person or persons shall, without the consent 2 of the Mayor or Board of Aldermen, engage in games of ball,

3 football, or other athletic sports, upon the Public Garden.

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SECT. 11. No person shall deliver any sermon, lecture, 2 address, or discourse on the Common, Public Garden, public 3 squares, or common lands of the city without the permission 4 of the Mayor and Aldermen.

SECT. 12. No person shall walk or stand upon any of the 2 flower-beds on the Common, Public Garden, or any public 3 square or common lands of the city, or suffer or permit any 4 dog or other animal belonging to him or in his charge to stand 5 or walk upon any of said flower-beds.

SECT. 13. No person shall bathe or wash in any pond on 2 the Common, Public Garden, or any public square or common 3 land of the city, or suffer or permit any dog or other animal 4 belonging to him or in his charge to bathe or wash therein, 5 until otherwise ordered by the Board of Aldermen, except in 6 the pond on the Common.

SECT. 14. No person, without the permission of the Mayor 2 and Aldermen, shall throw or place any stone, sand, gravel, 3 tan, earth, filth, rubbish, or any other substance, in or upon 4 any pond on the Common, Public Garden, or any public square 5 or common lands of said city, or upon the ice on any pond 6 aforesaid, or cut or break, or remove the ice therein or there7 from.

SECT. 15. Any person who shall offend against any of the 2 provisions of this ordinance, shall forfeit and pay for each 3 offence, a sum not less than one nor more than twenty 4 dollars.

SECT. 16. The Board of Aldermen may from time to time 2 make rules and regulations not inconsistent with the provisions 3 of this ordinance in reference to the use of the Common, Pub4 lic Garden, public squares, and common lands of the city, but 5 such rules and regulations may be altered or abolished at any 6 time by the City Council.

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