«HMiiiilMMaL^4sftggH.«;»aaMMliBi^^ . .\NKS L I Publishing Co, hm Park Piacs. N. Y REESE LIBRARY OF THE UNIVERSITY OF CALIFORNIA. C3ass ^^!!Fsns'yr7e9S^s'vni^ 9 T^ir ! i nv-».-m,'^a-m, \p; M<- '^ /yrrirfKrY ASSISTANT CORPORATION COUXSEIi UNIVERSITY THE BANKS LAW PUBLISHING COMPANY New York 1908 CO I'Y RIGHT, 1907, BV THE BANKS LAW I'lTULISHING CUMI'ANV. COPYRIGHT, 1908, BY THE BANKS LAW IH BLISHING (OMI'ANV. PREFACE. The Code of Ordinances for The City of New York, approved by thB Mayor on November 8, 1906, will be very generally received v^ith satisfaction as being a step in the right direc- tion towards making one comprehensive body of municipal law for this city. It must be distinctly borne in mind, how- ever, that this Code is merely a codification of ordinances as existing on January 1, 1900, and is not a revision. Many now obsolete ordinances have been omitted from this new Code, and the ordinances of the cities and villages included within The Greater New York are herein gathered together in one complete ordinance. While much has been done it is hoped that a thorough revision will soon follow. This Code was prepared pursuant to section 57 of the Greater New York Charter, which prescribes that there shall be published annually a compilation of general ordinances in force on January first of each year. The present Board of Aldermen is the first to comply with this section of the charter. Under the Laws of 1904, chapter 028, it was provided that the Sanitary Code, Building Code and Park Regulations in force on May 1, 1904, should become chapters in the Code of Ordinances of New York city, and it was further provided that any amendments to the Sanitary Codje and Park Regula- tions made thereafter should be filed with the City Clerk. In pursuance of this act the present Code includes the Sanitary Code, Building Code and Park RuLes as separate chapters so that the Code as adopted really includes almost the entire body of municipal law in force in New York city at the present time. It is very gratifying to have these important subjects thus established by the ordinances, where they may readily be found together with any amendments. The cases cited in the notes were chiefly collected by the writer while serving as Assistant Corporation Counsel in charge of the Bureau for the Recovery of Penalties. There are added a few leading cases which may be of use. The index has been prepared with special care to try and give the reference to those matters which the writer has found in his experience were of special interest and importance. The Code includes so many distinct matters that it has been necessary to group them under general headings in order to bring the index within reasonable size. In the new Code it became necessary to change names and official titles made obsolete by the passing of the Greater New York Charter to the names of the new officials. For 166706 iv PREFACE. instance, the " Commissioners of Public Works " is changed to " Boroug-h President," and the reference " with verbal changes," in practically all instances, means a mere change of names. There is given after each section in parenthesis a refer- ence to the original ordinance from w^hich such section is derived. These references were inserted by the writer, and are not a part of the Code as adopted by the Board of Aldermen. ABTHUR F. COSBY, 32 Liberty Street, N. Y. December 15, 1906. Report of Committee OF THE Board of Aldermen on Codification of Ordinances. The Committee on Codification of Ordin apices hereby re- ports that they have examined the entire subject of the ordinances of The City of New York, as well as the material in the proposed code of ordinances referred to this committee on the 9th day of January, 1906. Your committee herewith presents a compilation of all ordinances of The City of New York, including- all such ordi- nances as are mentioned in sections 41 and 57 of the Greater New York Charter, together with all new ordinances and amendments of same which have been adopted, and have become existing ordinances up to January 1, 1906. Your committee have not reported anything as an existing ordinance, which has in it any new matter or has been revised in any manner whatsoever. Nor have this committee eliminated from their report any formerly existing ordi- nance, or part of an ordinance, which has not clearly been repealed by subsequent legislation or ordinance, or which has not been decided by the highest courts of this State to be of no force and efEect. In order to preserve certain well known ordinances, which have been repealed by the changes made necessary by the provisions of the Greater New York charter, your committee have reported the same, not as existing ordinances, but as ordinances whose immediate re-enactment by this board, with the substitution of such words as are suggested in the committee's report, is recommended. Instances of such ordi- nances are to be found where the ordinance relates solely to some locality, such as the Borough of Manhattan, or the Borough of Brooklyn, and where the words formerly con- tained in such ordinance were " The City of New York," or '*the City of Brooklyn," and where the duties of a designated office have devolved upon an official with a different title. In other words, the changes recommended are in cases where the name of some locality, or of some office, or the sense of the words, has been changed by the language of the Greater New York Charter, or of some State law. VI REPORT OF COMMITTEE ON CODIFICATION. Your committee, in its treatment and report of the existing ordinances, have considered only such acts as constitute the local laws of the city enacted by the Board of Aldernitcn, or similar body, and duly approved by the Mayor, or returned without his approval in such a manner that they have become ordinances by force of statute, and which are continuing in their nature, force and effect, and are either rules under which the government of The City of New York is adminis- tered, or rules for the guidance or regulation of the conduct of the citizens of said city. This report contains only such acts of the legislative body of this city as fall within the foregoing definition of an ordinance. Your committee are not satisfied with the form or lan- guage of many of these ordinances, but a careful study of this subject has led the committee to believe that it is abso- lutely essential to adopt some code of ordinances that shall contain all the ordinances of this city, without reference to previously existing codes, in order that the code now adopted may be properly revised and corrected in the future, and your committee therefore ask this board to refer this whole matter back to this committee for revision when the recom- mendations of this committee shall have been adopted. For the purpose of clearing up a very confused state of affairs, your committee recommended that with the adoption of this report, this board shall also adopt a general repealing clause, wiping out all ordinances that were in effect January 1, 1906, and adopting anew the ordinances as presented in this report as the existing ordinances of The City of New York, up to the date of January 1, 1906, together with such ordinances in their corrected form as are herein recom- mended for re-enactment. For the purpose of carrying into effect the last preceding recommendation with greater clearness, this committee have stricken out the repealing clause of each ordinance, and also the clause designating when each ordinance shall take effect, for tiie reason that these clauses are now unnecessary. This Is apparent from the fact that when this committee's report shall have been adopted, the ordinances herewith reported will supersede everything that has gone before, and will go into effect at the same instant of time that the repeal of all former ordinances as herein suggested, will take place. Your committee find that the ordinances herevdth reported divide themselves into five general classes: First — The general ordinances applying throughout the entire confines of The City of New York, together with such ordinances of a general character as are recommended for re-enactment as general ordinances, including the Sanitary Code, the Building Code, and the Park Kegulations. Second — Local ordinances as amended to January 1, 1900, comprising such chapters and articles of the former revised REPORT OF COMMITTEE ON CODIFICATION. Vii ordinances as apply to the individual boronghs of said city, together with the local ordinances of the various towns, villages and localities now included within the Greater City of New York, and such as may be grouped togethjer because their subject matter is related. Third — Miscellaneous ordinances which refer to certain subjects that cannot be classified under a general heading, and which are grouped with those ordinances to which they are more specifically related. Fourth — Obsolete ordinances, which relate to subjects that have no practical existence at the present time, and the immediate repeal of which is recommended. Fifth — Ordinances that have been repealed by implication because of the fact that they referred to localities or officials, or to a condition of affairs not now existent, and the imme- diate re-enactment of which ordinances, with the suitable changes herein suggested, is hereby recommended. These ordinances have been reported in their proper places and connection. As the policy of the framers of the Greater New York Charter and the interests of the city demand that the ordi- nances, so far as possible, shall be general, your committee, in several instances, have recommended the adoption of a local ordinance as a general ordinance or as a part of the existing general ordinances. In each such instance your committee have carefully indicated that such local ordinance, although inserted in the place it should occupy among the General Ordinances, is not a part of the General Ordinances, but is a local ordinance, and that its adoption as a General Ordinance is merely recommended. Your committee believe that in all cases the suggestions made by the committee will strongly appeal to the common sense of the board. The system of corrections adopted by your committee is as follows: The corrections of all ordinances of the former City of New York and of the former City of Brooklyn, together vsdth those of the General Ordinances, are indicated by placing a parenthesis around such words as, in the opinion of your committee, should be stricken out, and by indicating the change which your committee suggests, in the margin oppo- site such parenthesis, the words suggested being under- scored. The corrections of the ordinances of the former City of Long Island and the other smaller municipal corporations that are now comprised within the Greater City of New York have been indicated by placing the new matter suggested for adoption in parenthesis within the ordinance itself; the former language of the ordinance, which this committee recommends should be stricken out, is placed in the margin and underscored. viii REPOKT OF COMMITTEE ON CODIFICATION. Your comimttee, in presenting" this report, desire to express their thanks for the kind and valuable assistance rendered to it by the Hon. P. J. Scully, city clerk, and his deputies, Mr. Frank J. Martin and Mr. Charley R. Shopland, and also to the assistant corporation counsel assigned to the board, Mr. William H. Doherty, who is largely responsible for editing the ordinances of the smaller towns, villages and localities now incorporated in the Greater City of New York. As to these latter, your committee have included in their report all such local ordinances as they have been enabled t-o obtain. CODE OF ORDINANCES OF THE CITY OF NEW YORK. CONTENTS. PART I. GENERAL ORDINANCES AND ORDINANCES OF A GENERAL CHARACTER. Chapter I. — The Executive Department. Article. pages. I. The Mayor 2 II. The aty Clerk 2 Chapter II. — The Legislative Department. Article. I. The Board of Aldermen 2 II. The Clerk to the Board of Aldermen 2 Chapter III. — The Law Department. Article. I. The Corporation Counsel 3 II. The Public Administrator 4 Chapter IV. — The Department of Finance. Article. I. The Comptroller 4-7 II. The Disposition of Real Estate 7-10 III. The Sinking Fund of the aty of New York 10-13 IV. The Sale of Real Instate Belonging to the Sinking Fund 13-14 V. The Collector of Assessments and Arrears 14 VI. The Bureau of City Revenue and Markets 14-18 Chapter V. — The Borough Presidents. Article. I. Contracts and General Powers 18-21 II. Numbering Streets and Buildings 21-24 III. Flagging, Curbing and Repairing Sidewalks 24-27 IV. Paving, Repaving and Repairing Carriageways 28-32 V. Sewers and Drains 32-36 VI. Vaults, Cisterns and Areas 36-42 X CONTENTS. Article. pages. VII. Public Wells, Pumps, Cisterns and Hydrants 42-43 VIII. Public Baths 43 IX. The Erection of Barriers to Prevent Accidents 43-46 X. The Bureau of Incumbrances : 1. Incumbering the Streets 46-48 2. Bay and Show Windows 48-52 3. Ornamental Projections ". 52-54 4. Porches, Platforms and Stoops 54-55 5. Balustrades and Awnings 55-57 6. Signs and Showbills 57 7. Exposing Goods for Sale 57-58 8. Show Cases, Barber Poles, Illuminated Signs, Ornamental Lamps, Drop Awnings, Storm Doors, Stairways and Hoistways. . 58-59 9. Obstructing and Injuring Walks 59 10. Moving Buildings 59 11. Protecting Street Pavement 60 12. Prohibiting the Throwing of Fruit Skins, etc., on Walks 60 13. Use of Tan Bark on Streets 60-61 XI. Surveyors 61-63 Chapter VI. — The Department of Water Supply, Ga^ and Electricity . Article. I. The Water Registor 63 II. Water Rents 63-64 III. The Croton Aqueduct 64-65 IV. Use of Water 65-66 V. Lamps 67 Chapter VII. Title 1. — Bureau of Licenses 67-68 Title 2. — The Granting and Regulation of Licenses. Article. I. Business Requiring a License 68-69 II. Licenses and License Fees 69-70 III. Special Regulations and Rates : 1. Public Carts and Cartmen 70-71 2. Drivers of Licensed Vehicles 71 3. Public Hacks and Hackmen 71-74 4. Public Hack Stands 74-76 4a.Publi'C Porters 76-78 5. Expresses and Expressmen 78-79 6. Junk Dealers 79-80 7. Dealers in Second-Hand Articles 80-81 8. Peddlers 81-82 9. Ticket Speculatora 82 10. Coal Scalpers 82 11. Common Shows 82 CON'TENTS. Xi Article. pages. III. Special Regulations and Rates — Continued: 12. Shooting Galleries 82-83 13. Bowling Alleys 83 14. Billiard Tables 83 15. Dirt Carts and Cartmen 83 16. Exterior Hoists 83-84 IV. Stands Within the Stoop Lines and Under Ele- vated Railroad Stations 84-87 Title 3. — General Regulations and Complaints 87-88 Title 4. — Violations 88-89 Chapter VIII. — Weights and Measures 89-93 Chapter IX. — Cleaning Streets and Sidewalks 93-98 Chapter X. — Sale, Use and Transportation of Explosives . 98-100 Chapter XI. — 1. The LHacharge of Firearms 100-102 2. The Carrying of Loaded Firearms 102-103 Chapter XII. — Rules of the Road. Article. I. Method of Driving Vehicles 103-106 II. Speed 106 III. Lights 106-107 IV. Improper Use of Streets 107^108 V. Use of Sidewalks 108 VI. General Rule Covering the Use of Streets 108-109 VII. Powers of Police Department 109 Vin. Definitions 109 IX. Penalties for Violations 109-110 Chapter XIII. — Miscellaneous Ordinances. 1. Official Bonds 110-111 2. Public Sessions of Boards 112 3. Office Hours 112 4. Sale of Waste Material 112 5. East River Bridges 112 6. Payment of Jurors 112 7. Flags and Decorations at the City Hall 113 8. Public Worship in the Streets 113 9. The Display of Immoral Pictures 114 10. Car Transfers in the City of New York 114 11. The Heating of Street Cars in the City of New York.... 115 12. Contracts for Supplies and Work for the City 115-120 13. Transportation of Iron, Steel or Other Materials over Streets 120 14. Walks and Bridges Over Gutters 120 15. The Discharge of Combustible Substances 121 Xll CONTENTS. Chapter XIV. — The Sanitary Code. Sections. pages. 1-7. Definitions of Terms 12i-124 8. Misfeasance and Nonfeasance 124 9-14. Obedience to Ordinances and Regulations. ..... 124-125 15. False Statements 126 16-26. Dwellings, Lodging Houses and other Buildings; Ventilation, Drainage and Plumbing 126-128 27-38. Sewerage and Drainage 129-131 39-4t. Street Drainage 131 42-60. Food and Drink 131-135 61-64. Water 136 65-69. Drugs, Medicines, Adulterations and Poisons. . . 136-138 ■ 70-78. Cattle, Horses, etc 140 79-81. Fowls and Small Animals 140 82-87. Slaughtering and Slaughter Houses 140-141 88-97. Offensive Trades 141-144 98-118. Offensive Materials 145-149 119-123. Removal of Filth 149-150 124-132. Disease, Injured and Dead Animals 150-152 133-145. Infectious Diseases 153-156 146. Disinfection 157 147-148. Vaccination, Antitoxin 157 149-157. Vessels and Seamen . 157-159 158-162. Marriages, Births and Deaths 159-160 163-166. Transportation of Dead Bodies 161-162 167-170. Cemeteries 162-163 171. Coroners 163-164 172-177. Railroad Cars 164-165 178. Spitting 165 179. Barber Shops 166 180. Noise 166-167 Chapter XV. — The Building Code. Part 1. Short Title of this Ordinance 168 2. Preliminary Requirements 168-170 3. Definitions 170-172 4. Quality of Materials '. 172-174 5. Excavations and Foundations 174-179 6. Walls, Piers and Partitions 179-189 7. Apartment Houses, Tenement Houses and Dwell- ings of Certain Heights 189-191 8. Vaults, Areas and Cellars 191-192 9. Wood Beams, Girders and Columns 192-193 10. Chimneys, Flues, Fireplaces and Heating Pipes, 194-197 11. General Construction 197-198 12. Stairs and Entrance 198 13. Skylights and Floorlights 198-199 14. Inclosure and Shed Coverings for the Protection of Pedestrians 199-200 15 Miscellaneous Buildings 200 CONTENTS. '2dii PAGES. Part 16. Heating Apparatus, Drying Rooms, Gas and Water Pipes 201-203 17. Roofs, Leaders, Cornices, Bulkheads, Scuttles and Tanks 204-205 18. Elevators, Hoistways and Dumbwaiters 205-207 19. Fire Appliances, Fire Escapes and Fireproof Shutters and Doors 208-211 20. Fireproof Buildings 211-215 21. Public Buildings, Theatres and Places of Assem- blage 215-225 22. Iron and Steel Construction 225-231 23. Floor Loads, Temporary Supports 231-234 24. Calculations, Strength of Materials 234-238 25. Plumbing and Drainage 238-240 26. Buildings Raised, Lowered, Altered or Moved. . . 240-241 27. Fire Limits 241-245 28. Frame Buildings 245-249 29. Appeals and Modifications of Law 249-250 30. Violations and Penalties; Courts Having Juris- diction 250-254 31. Unsafe Buildings, Surveys, Court Proceedings. . 254-259 32. Recovery of Bodies Under Fallen Buildings 259-260 33. Fund for Use and Benefit of the Department of BuUdings 260-261 34. Seal; Officers of Department May Enter Build- ings 261 35. Existing Suits and Liabilities; Invalidity of One Section not to Invalidate Any Other i 261 36. Ordinances Repealed; Date "When Ordinance Takes Effect 262 Chapter XVI. — Park Ordinances, Rules and Regulations. General Regulations 262-267 Use of Vehicles in Parks 267 Ordinances Applying to the Harlem River Driveway 268 Rules and Regulations for Establishing Limits of Projec- tion for CJonstructions on the Line of Riverside Drive . . 268-269 Ordinance Adopted Pursuant to Chapter 453 of the Laws of 1902 269-270 Rules and Regulations Relating to Projections and Line of Curb and Surface Constructions, Under Provisions of Section 612 of the Greater Nev/ York Charter, as Amended by Chapter 723 of the Laws of 1901 270-271 Affecting Central Park and Fifth Avenue, Manhattan 271 Rules Relating to Park Conservatories 272 Rules Relating to Botanical Garden in Bronx Park 272-273 Ordinances Applicable to the Ordinary Use of the Ocean Boulevard, the Eastern Parkway and the Speedway in the Boroughs of Brooklyn and Queens 273 Prospect Park 273 Coney Island Cycle Paths 273 SIV CONTENTS. PART II. ORDINANCES AFFECTING THAT PART OF THE CITY OF NEW YORK INCLUDED WITHIN THE BOROUGH OF MANHATTAN. Chapter I. — Sales of Commodities, Etc. Article. pages. I. Peddlers, Venders, Hawkers 274-275 II. Weights, Measurements and Quality: 1. Weighers of Hay 275-276 2. The Sale and Manufacture of Bread 276 3. Coal 276 4. Sale of Poultry 276-277 5. Firewood, Hay and Straw 277 III. Sales and Auctions in the Public Streets 277-279 IV. Sale and Discharge of Firearms, Etc 279 Chapter II. — Nuisances 280-281 Chapter III. — Partitions, Fences a/nd Walls 281-283 Chapter IV. Article. I. Surface Railroads 283-287 II. Elevated Railroads 287-288 Chapter V. — Miscellaneous Ordinances. Article. I. To Prevent Injury to Hose at Fire 288-289 II. Placards on Lamp Posts, Etc 289 III. Defacing the Sidewalks ^ 289 IV. Blasting of Rocks 289-290 V. Ice Wagons 290 VI. Racing Horses 290 VII. Automobiles 290-291 PART III. ORDINANCES AFFECTING THAT PART OF THE CITY OF NEW YORK INCLUDED WITHIN THE BOROUGH OF BROOKLYN. Chapter I. Article. I. The Borough President 291-292 II. The Commissioner of Water Supply, Gas and Elec- tricity 292 III. Sidewalks and Roadways 293-297 COKTLNTS. rV CJhapter II. — Public Safety and Order. Article. pages. I. Greneral Provisions 297 II. Nuisances 297-298 III. Protection from Fire 298 IV. Atlantic Avenue Railroad Crossing 299 V. Vault Covers, etc 299 Chapter III— Partition Fences and Walls 299-301 Chapter IV. — Street Musicians 301-302 Chapter Y.— Railroads 302-306 Chapiter VI. — Miscellaneous Ordinances. 1. The Use of Court Yards on Bush wick Avenue Boule- vard. . 306 2. Fence Line Privileges on Newkirk Avenue 306 3. Display of House Numbers 307 4. Canarsie Cemetery 307 5. Watering Horses 307 6. Dog Snatching 307 7. Speed on Bridges 308 8. Bells on Junk Carts 308 9. Marking Hay Bales 308 10. Injury to Bridges 308 11. Theatrical Billboards 308 12. Protection of Piers at Wallabout, etc 309 PART rv. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YO^K FORMERLY KNOWN AS LONG ISLAND CITY. Chapter 1. — Public Safety and Order. Articlie. I. Hydrants 309 II. Washing Horses and Carriages 309 III. Cellar Doors, Steps and Street Obstructions 309-312 IV. Streets and Sidewalks 312-313 Chapter II. — Partition Fences and Walls 313-315 Article. V. Blasting of Rocks 315 VI. Venders 315-316 VII. Noises 316 VIII. Sale of Oysters, etc. 316 IX. Surface Railroads 316-317 XVi CONTENTS. PART V. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF FLUSHING. Chapter I. — Streets and Highways. Article. pages. I. Altering Grade of Streets 317 11. Paving Streets 317-319 III. Obstructions in Streets 319-321 IV. Public Sewers 321 Chapter II. — Public Safety and Order. Article. I. False Alarms of Fire 321 II. Bathing 322 Chapter HI. — Volunteer Fire Department. Article. I. Rules and Regulations 322-325 PART VI. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF JAMAICA. Chapter I. — General Regulations. Article. I. Filling in Streets 325 II. Unlawful Noises 325 III. Ball Playing and Throwing of Stone's 326 IV. Hillside Avenue Speedway 326 Chapter II. — The Volunteer Fire Department. Article. I. Rules and Regulations 326-330 PART VII. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF RICHMOND HILL. Chapter I. — Streets and Highways. Article. I. Obstructions 331 II. Encumbrances 331 CONTENTS. XVll PART VIII. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF FAR ROCKAWAY. Chapter I. — Public Safety and Order. Article. pages. I. Nuisances 332-333 11. Encumbrances 333-334 III. False Alarm of Fire 334 Chapter II. — Volunteer Fire Department. Article. I. Rules and Regulations 335 Chapter III. — Fines and Penalties. Article. I. Violations of Ordinances 335-336 PART IX. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF ROCKAWAY BEACH. Chapter I. — General Regulations 336-341 PART X. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF ARVERNE-BY-THE-SEA. Chapter I. — Public Safety and Order. Article. I. Nuisances 341 II. Prevention of Vice 342 III. False Alarm of Fire 342 rV. Miscellaneous Provisions 342 Chapter II. — Streets and Highways. Article. I. Washing of Carriages 342 II. Encumbrances and Excavations 342-344 HI. Advertisements and Public Notices 345 IV. Street Musicians 345 XVIU CONTENTS. Chapter III. — Auctioneers. Article. pages. I. Licenses 345 Chapter IV. — Fines and Penalties. Article. I. Violation of Ordinances, etc 346 Chapter V. — Abandoned Poles in Streets. Article. I. Removal of Poles 346-347 II. Permits for Laying Conduits 347 III. Penalties for Failure to Remove Poles 347 PART XL ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF PORT RICHMOND. Chapter I. — General Regitations. Article. I. Bathing 347 II. Injuring Street Signs 348 III. Filling in Streets, etc 348 IV. Dedication of Streets 348 V. Drains 348 VI. Sidewalks 349 VII. Obstructing the Streets 349 VIII. Awnings 350 IX. Gas Mains 350-352 PART XII. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF NEW BRIGHTON. Chapter I. — Streets and Highways. Article. I. Encumbrances, Excavations and Laying of Pipes . . 352-356 Chapter II. — Public Safety and Order. Article. I. Nuisances 356 CONTi::NTS. XIX PART XIII. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF EDGEWATER. Chapter I. — Railroads. Article. pages. I. Blocking Street Crossings and Warning Signals .... 357 PART XIV. ORDINANCES AFFECTING GENERALLY THE BOROUGH OF RICHMOND. Chapter I. — Streets and Highways. Article. I. Openings of Streets and Sewers 357-361 II. Widths of Sidewalks 361 PART XV. MISCELLANEOUS ORDINANCES AFFECTING THE BOROUGHS OF QUEENS, RICHMOND AND THE BRONX. Chapter I. — Miscellaneous. Article. I. Publication of Session Laws in the Boroughs of Queens and Richmond 361 II. Fees for Certain Sewer Connections in the Borough of the Bronx 362 PART XVI. PENALTY FOR VIOLATIONS 362 SUPPLEMENT. General Ordinances Passed from January 1, 1906, to December 11, 1906 363-374 Amendments to Sanitary Code Passed Since January 1, 1906 374-378 OF Tl CODE OF ORDINANCES OF THE CITY OF NEW YORK An Ordinance adopting the Code of Ordinances of the City of New York. Be it Ordained hy the Board of Aldermen of The City of New York as follows: That all ordinances of The City of New York which were in force on January 1, 1906, be and they hereby are repealed; Be it further Ordained, That the ordinances of The City of New York, excluding those ordinances designated as obsolete, which are herewith presented in the report of the Committee on Codification of Ordinances of the Board of Aldermen of The City of New York as the existing ordinances of said city up to the date of January 1, 1906, and all ordinances recom- mended in said committee's report for re-enactment, with the corrections as therein designated, be and they hereby are adopted and enacted as ordinances of The City of New York. Be it further Ordained, That this ordinance shall not be construod to affect or impair any right, interest, privilege or power which has accrued or been conferred heretofore, or any penalty, obligation, liability, forfeiture or assessment heretofore incurred, or any action or proceeding now pend- ing; and any right, interest or privilege which, by the terms of any ordinance in force at the time of the adoption of this ordinance continues during the pleasure of the Board of Aldermen, shall not be hereby terminated. By section 41 of the Greater New York Charter (L. 1897, chap. 378), all ordinances of the local boroughs in The City of New York, when not inconsistent with the charter, were continued in force. But the Board of Aldermen was given full power and authority to pass ordinances governing all the boroughs by sections 42, 44, 49, 50 and 51, and to modify, amend or repeal any ordinances of the local boroughs. Section 57 prescribed the ordinances should, as far as practicable, be reduced to a code and published. These general powers were continued by the revision of 1901 (L. 1901, chap. 466). The revised charter (sec. 57) requires an annual compilation by the Board of Aldermen on January first of the general ordinances in force. It is in pursuance of this section this code was prepared. 2 CODE OF OBDINANCES OF THE CITY OF NEW YOBK. PART I. General Ordinances and Ordinances of a General Character. Chapteb 1. — The Executive Depaetment. Article I. — The Mayor. Section 1. The Mayor may, whenever he shall deem it necessary, issue his proclamation for the apprehension of any pei'son who shall have committed a crime within The City of Isew York, and may, iu such proclamation, offer a reward not, exceeding- five hundred dollars, to be paid out of the city treasury upon the certificate of the Mayor that the service required has been performed. (Rev. Ords. 1897, sec. 1.) Article IT.— The City Clerk. § 2. The seal heretofore in use as the corporate seal of the corporation known as the Mayor, Aldermen and Commonalty of The City of New York, and in the custody of the Clerk of the Board of Aldermen of said city, shall be the seal of The City of New York, to be kept and used by the City Clerk of said city, as provided by law. (Ord. app. Jan. 3, 1898.) Chapteb 2. — The Legislative Depabtment. Article I. — The Board of Aldermen. § 3. A committee of the Board of Aldermen, in reporting- upon a subject referred to thjEin, must attach to their report all resolutions, petitions, remonstrances and other papers in their possession relative to the matter referred. (R. O. 1897, sec. 9.) Article II. — The Clerk to the Board of Aldermen. §4. The Clerk to the Board of Aldermen shall issue notices to the members of said board, when directed by that board, and to the members of the different committees of that board, and all persons whose attendance will be required before any such committee, when directed hy the chairman thereof. (Id., sec. 11.) § 5. He shall, without delay, deliver to all officers of the corporation, and to all committees of the Board of Aldermen, all resolutions and communications referred to those officers or committees by that board. (Id., sec. 12.) § 6. He shall, without delay, deliver to the Mayor all ordi- nances and resolutions under his charg-e which are required by law to be approved by the Mayor, with all papers on which the same were founded. The Clerk shall not deliver to the Mayor any resolution which is a request addressed to the Governor, Legislature or any other body, or to any head of a department or other federal, State or municipal officer for action on the request of the Board of Aldermen, but he shall, without delay, deliver a copy of all such resolutions to CODE OF ORDINANCES OP THE CITY OF NEW YORK. 3 the official or board of -whom the request is made by the Board of Aldermen. No resolution which refuses the prayer of any petition shall be delivered to the Mayor, but all such resolutions shall be filed. (Id., sec. 13.) § 7. He shall on the day succeeding- the approval by the Mayor of any ordinance or resolution, or on the day suc- ceeding its return by the Mayor without approval or objec- tion, deliver to the head of the appropriate department a certified copy of the same. (Id., sec. 14.) Chapter 3. — The Law Department. Article I. — The Corporation Counsel. § 8. The Corporation Counsiel shall draw such ordinances as may be required of him by the Board of Aldermen, or by any committee thereof. (Rev. Ords. 1897, sec. 104, with verbal change.) § 9. He shall, when required by the Board of Aldermjen, prepare the draft of any bill to be presented by the corpora- tion of the city to the Legislature for passage, with a proper memorial for the passage thereof. (Id., sec. 105, with verbal change.) § 10. He shall draw the leases, deeds and other papers con- nected with the finance department, and all contracts for any of the other departments of the corporation, when so required by the head of the department. (Id., sec. 105.) § 12. When he shall recover a debt due to the corporation which may have been placed in his hands for collection, he shall forthwith render an account thereof, under oath, to the Comptroller, stating the nature of the debt, the person against whom it was recovered, and the amount and time of the recovery, and shall immediately thereupon pay over the amount so received to the Chamberlain. He shall also thereupon receive from the Chamberlain a voucher for the payment thereof, which he shall forthwith, on the samfe day, exhibit to the Comptroller, and shall at the same time leave with him a copy thereof. (Id., sec. 107.) § 12. He shall keep in proper books to be provided for that purpose a register of all actions prosecuted or defended by him, and all proceedings had therein. (Id., sec. 108.) § 13. Upon the expiration of his term of office or his resignation thereof, or removal therefrom, the Corporation Counsel shall forthwdth, on demand, deliver to his successors in office all deeds, leases, contracts, and other papers in his hands belonging to the corporation, or delivered to him by the corporation or any of its officers, and all papers in actions prosecuted or defended by him, then pending and undetermined, together with his register thereof, and of the proceedings therein, and a written consent of substitution of his successors, in all such actions then pending and undeter- mined. (Id., sec, 109.) 4 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Article II. — The Public Administrator, §14. The Public Administrator shall furnish the Comp- trolleir with copies of all letters of administration which shall be granted to him within three days after the granting thereof. (K. O. 1897, sec. 124.) § 15. He shall, on the twentieth day of December, in each year, report to the Board of Aldermen the title of all actions prosecuted by or against him, and then pending and undeter- mined, with such other information in respect thereto as he may deem necessary or proper. (Id., sec. 125, with verbal change.) § 16. He shall report to the Comptroller, on the first Thursday of each month, and oftener if required, the amount of money received by him since his last return on account of any estate which he shall have administered. (Id., sec. 126.) § 17. He shall at the same time report to the Board of Aldermen a transcript of such of his accounts as have been closed or finally settled, and of those on which any money has been received by him as part of the proceeds of any estates on which he has administered; he shall deposit all moneys by him collected and received, as required by law, in such bank as the Corporation Counsel shall select from the designated depositaries of the city's moneys. (Id., sec. 127, with verbal changes.) § 18. He shall, whenever required, exhibit to the Comp- troller the bank book showing his deposits, and all other vouchers and documents relating to his office. (Id., sec. 128.) § 19. The Comptroller, before signing any check for money deposited, shall examine the bank book showing the deposits, and the vouchers on which the check is required to be drawn, and shall satisfy himself fully as to the cor- rectness thereof, and, in case of doubt or difficulty, he shall report the case to the Board of Aldermen for their direction. (Id., sec. 129.) . § 20. The Comptroller may distribute and pay any bal- ance of an intestate's estate remaining in the city treasury to the persons legally entitled thereto, whenever he and the Public Administrator shall be satisfied that the person claiming the same is legally entitled thereto; but, if they be not satisfied thereof they shall report the case to the Board of Aldermen for their direction. (Ord. app. 8ept. 7, 1904.) Chapter 4. — The Department of Finance. Article I. — The Comptroller. § 21. The Comptroller shall superintend all the real estate of the corporation and report to the Board of Alder- men all encroachments thereon. (R. O. 1897, sec. 19, with verbal changes.) § 22. He shall keep and file in his office all title deeds, leases, bonds, mortgages or other assurances of title, and all evidences of debts, contracts, bonds of indemnity, official CODE OP ORDINANCES OF THE CITY OF NEW YORK. 5 bonds and all certificates of stocks belonging to the sink- ing fund, except such as are directed by law or ordinance to be deposited elsewhere. (Id., sec. 20.) § 23. He shall cause all grants, leases and counterparts of leases or deeds executed by t^e corporation to be recorded in proper books to be kept in his office. (Id., sec. 21.) § 24. He shall cause a proper map or survey of all lands or premises ceded, granted, conveyed or leased to the cor- poration to be annexed to the cession, grant, deed or lease thereof, and to be therein referred to before execution or acceptance thereof. He shall direct and superintend the collection of all rents or other moneys due to the corpora- tion. (Id., sec. 22.) § 25. He shall report to the Board of Aldermen within thirty days after their organization in each year a state- ment of all contracts made by the corporation or directed or authorized by the Board of Aldermen and not performed or completed or upon which any moneys remain unpaid, with the amount of money so remaining unpaid on each. (Id., sec. 23, with verbal changes.) § 26. He shall direct legal proceedings to be taken when necessary to enforce payment of rents or other debts due to the corporation, or to obtain possession of premises to which the corporation is entitled. (Id., sec. 24.) § 27. He shall, as often as the state of the sinking fund shall render it necessary, advertise and sell at auction or private sale, as in his judgment may be most expedient, the water lot quit-rents belonging to the corporation in such parcels and on such terms as the Board of Aldermen or the Board of Commissioners of the Sinking Fund may prescribe, and cause proper conveyances to be executed to the purchasers, the avails of which shall be deposited in the treasury to the credit of the sinking fund. (Id., sec. 25, with verbal changes.) § 28. He may cftisent, in the name and on behalf of the corporation, that the lessee or assignee of a lease made by the corporation may assign the same or underlet the demised premises, whether or not provision is made by the lease that it shall not be assigned or the premises underlet without the consent of the corporation; but he shall not so consent unless all arrears of rents and all taxes and assess- ments upon the premises be paid in full. (Id., sec. 26.) § 29. When several lots or parcels of land belonging to different persons are assessed for taxes in one parcel, the Comptroller may make the proper apportionment of the tax among the different owners. (Id., sec. 27.) § 30. The Comptroller shall preserve, in a book to be kept in his office for that purpose, to be called the record of quit-rents, maps of all grants of land now or hereafter made by the corporation, on which quit-rents are payable, showing the original grants and the subdivisions of the same as near as they can be ascertained. (Id., sec. 28.) 6 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 31. He shall enter in the record of quit-rents immedi- ately following each map the names of the owners of the different lots described thereon, with the portion of the quit-rent to which each is subject; and he may receive the sum proportionably due from each owner in payment of his portion of the moneys payable under the original grant, as the same shall from time to time become payable. (Id., sec. 29.) § 32. He shall cause to be Inserted, in all grants of land subject to quit-rent, a covenant requiring the grantee or his legal representatives, when he or they shall sell the whole or a portion of the land granted, to give to the Comptroller a written notice of the sale within thirty days after it is made, specifying therein the name of the pur- chaser, the quantity and location of the land sold, the amount of quit-rent to be paid thereon, and the day of the sale. (Id., sec. 30.) § 33. He shall, on receiving written notice from the grantee of the corporation, or his assignee, of the sale of any portion of land subject to quit-rent, enter in the record of quit-rents the name of the purchaser, with the date of the sale and the portion of the land sold; and he may there- after receive the sum proportionably due from such pur- chaser, in payment of his portion of the moneys payable under the original grant, as the same shall, from time to time, become payable. (Id., sec. 31.) § 34. Upon receiving the notice mentioned in the last section the Comptroller shall enter the same in the record of quit-rents, and from that time he may receive from the owner of the lot or parcel mentioned in the notice, or his legal representatives, the sum proportionably due from him in payment of his proportion of the moneys payable under the original grant. (Id., sec. 31.) § 35. When land heretofore granted by the corporation, subject to a quit-rent, portions of which have been assigned by the grantee, shall be re-entered by the corporation for non-paj-ment of the quit-rent, the Comptroller may grant releases in severalty to such of the assignees of portions of the land granted as shall, within six months from the re-entry, pay their respective apportionments of commuta- tion money, and the expenses of re-entry and conveyance, with such portions of the rent as may be justly due from the respective assignees for the land held by them, and which shall be apportioned by the Comptroller. (Id., sec. 32.) § 36. The releases and apportionments mentioned in the last section shall not, however, be granted or made, unless the assignee requiring the same, or his legal representatives, shall comply with the terms and conditions prescribed in that section within thirty days after notice from the Comp- troller requiring such compliance. (Id., sec. 34.) § 37. The Comptroller may, from time to time, borrow on the credit of the corporation, in anticipation of its revenues, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 7 such sum or sums, not exaeeding in the whole the amount of such revenues as may be necessary to meet expenditures under appropriations for the current year. (Id., sec. 35.) § 38. Every loan to be efEected, as authorized by the last section, shall be secured by the bonds of the Comptroller, payable in not exceeding one year, in such sums as the Comptroller may deem proper, which shall be signed by the Comptroller,' countersigned by the Mayor and sealed with the common seal. (Id., sec. 36.) § 39. No payment shall be made by the Comptroller for work done or supplies furnished except ^apon proper vouch- ers rendered by the head of the appropriate department, or other proper officer, board or commission, for whom such work was done or supplies furnished. Such vouchers shall be made out in duplicate, and shall contain the certificates of such subordinate officers as the head of the department may require, and of such form and purport as he shall pre- scribe, and also a certificate of the head of the department. One of the duplicate vouchers shall be retained in the depart- ment or office by which the vouchers are rendered, and the other shall be transmitted to the Department of Finance for payment. A receipt for the amount paid shall be taken by the Comptroller. (Ord. app. April 14, 1902.) Article II.— The Disposition of Real Estate. § 40. It shall be the duty of the Comptroller to take charge of all the real estate belonging to the corporation, and to prevent all encroachments thereon. (R. O. 1897, sec. 84, with verbal changes.) § 41. It shall be the duty of said Comptroller to superin- tend the collection of all rents, interest and demands due the Sinking Fund, and to direct all necessary measures to compel the payment of them and report the condition of the same to the Board of Aldermen quarterly. (Id., sec. 85, with verbal changes.) § 42. It shall be the duty of said Comptroller, under the sanction of the Board of Commissioners of the Sinking Fund, to appoint appraisers on behalf of the corporation to settle the rent on renewal of any leases, or the value of the building, to be paid on the expiration of any lease, in which the corporation is or shall be interested, whenever, by the provisions of such lease, the appointment of such appraisers is required. (Id., sec. 86, with verbal changes.) § 43. The said Comptroller is hereby authorized, with the sanction of the said Board of Commissioners, to assign any bond or mortgage held by the said board to any person or persons who may elect to take such assignment, upon the payment in full of the principal and interest due on said bond and mortgage; and the Mayor and City Clerk are hereby authorized and directed to execute, under their hands and seal of the city, any such assignment, upon evi- dence beings exhibited to them, showing- that the principal 8 CODE OF OEDINANCES OF THE CITY OF NEW YORK. and interest of such bond and mortgage have been paid into the treasury of said city to the credit of the Board of Commissioners of the Sinking Fund. (Id., sec. 87, with verbal changes.) § 44. Upon the payment of any bond and mortgage in full, it shall be the duty of the said Comptroller to prepare and cause to be executed a proper satisfaction of such bond and mortgage; and the said Mayor and Clerk of the Board of Aldermen are hereby authorized to execute the same, upon the production of evidence that the same has been paid, as provided in the preceding section of this article. But no release of any part of the premises contained in such mortgage from the lien created by such mortgage thereon shall be made or executed by them. (Id., sec. 88, with verbal changes.) § 45. Whenever any person or persons may desire to commute any quit-rent due the corporation, it shall be the duty of the said Comptroller to calculate such commutation at the rate of six per cent.; and upon the production of evidence that the same and all arrears of rent have been paid into the treasury of said citj'^ to the credit of the Commissioners of the Sinking Fund, it shall be the duty of the Mayor and Clerk to execute a release of quit-rent. (Id., sec. 89.) § 46. Whenever any property belonging to the corpora- tion is unproductive, or the term for which it may have been leased or let shall have expired or be about expiring, it shall be the duty of the said Comptroller to report the same to the Board of Commissioners of the Sinking Fund, and if, in his judgment, it will be beneficial to the public interest to lease property belonging to the corporation, it shall be his duty to communicate the same, with his rea- sons therefor, to the Board of Commissioners of the Sink- ing Fund, and if they concur with him, they are hereby authorized and empowered to lease the same in such man- ner as they may deem most fit for the interest of the city, conforming in the leasing to the provisions of the Greater iCew York Charter, and upon the production of a certificate, signed by a majority of said Commissioners, of whom the Comptroller shall be one, it shall be the duty of the said Mayor and City Clerk to execute such leases under their hands and seal of the city. (Id., sec. 90, with verbal changes.) § 47. In all cases of grants hereafter to be made of land under water on the shores of the island of New York, or on the shores of Long Island and within the limits of the various charters of The City of New York, or within the limits of the former municipalities now constituting The City of New York, and in all cases of extensions of grants previously made, it shall be the duty of the Comptroller and the President of the Borough in which such grant or extension is to be made, to report to the Board of Qom- CODE OF OKDINANCES OF THE CITY OF NEW YORK. 'J missioners of the Sinking Fund what sum of money shall, in their judgment, be charged as consideration for such grant; and if the said Board, or a majority of their num- ber, shall agree to the terms reported by the said Comi^- troller and Borough President, then the said Comptroller shall be and is hereb}^ authorized to cause such grants to be issued to the parties who may be legally entitled to the same. (Id., sec. 91, and verbal changes.) § 48. The preceding section shall not apply to grants to be made on the North or Hudson river, between West Eleventh and Thirtieth streets, Borough of Manhattan, so far as the consideration money is concerned; but the rates to be charged for grants between said West Eleventh and Thirtieth streets shall be as follows: For each running foot along the exterior lines of the present grants (excluding the width of streets) and along the westerly line of the Eleventh avenue (excluding the width of streets), when not granted, viz.: For grants between West Eleventh and Bank streets, $20 00 For grants between Bank and Bethune streets 19 00 For grants between Bethune and West Twelfth streets 18 00 For grants between West Twelfth and Jane streets, 17 00 For grants between Jane and Horatio streets 16 00 For grants between Horatio and Gansevoort streets, 15 00 For grants between Gansevoort and Twelfth streets, 14 00 For grants between Twelfth street and the centre of the block between Thirteenth and Fourteenth streets 13 00 For grants between Thirteenth, Fourteenth and Nineteenth streets 10 00 For grants between Nineteenth and Twenty-fourth streets 12 00 For grants between Twenty-fourth and Thirtieth streets, west of the Eleventh avenue 10 00 (Id., sec. 92.) § 49. No grant shall be made by virtue of these ordinances except for a specific consideration to be paid in cash, or in five annual installments secured by bond and mortgage on the premises granted, wdth annual interest at the rate of six per cent, per annum; the first installment to be paid on the issuing of the grants. (Id., sec. 93.) § 50. All grants made by virtue of these ordinances shall contain the usual covenants, including those in relation to streets or avenues passing through them, and also in relation to bulkheads and wharfage. (Id., sec. 94.) § 51. No grant made by virtue of this article shall author- ize the grantee to construct bulkheads or piers or make land in conformity thereto, Mdthout permission so to do is first had and obtained from the Department of Docks; and tho 10 CODE OF ORDlNAi^CES OF THE CITY OF NEW YORK. grantejes shall be bound to make land, piers or bulkheads at such time and in such manner as the Department of Docks shall direct under penalty of forfeiture of such grant for non-compliance with such directions of the said department. (Id., sec. 95.) § 52. Nothing contained in the two next preceding sec- tions shall be construed as applying to water grants to be niade on the shores of Long Island. (Id., sec. 96.) Article III.— The Sinking Fund of The City of Nmo York. § 53. All moneys heretofore received and hereafter to be received from the following sources are hereby pledged and appropriated to and constitute and form a fund called the Sinking Fund of The City of New York for the Redemption of the City Debt, until the whole of the stocks of The City of New York shall be finally and fully redeemed, namely: 1. For commutation of quit-rents on grants. 2. For quit-rents arising from such grants as were issued prior to the year one thousand eight hundred and four. 3. The net proceeds of all sales of real estate belonging to the corporation when sold. 4. The net proceeds of all bonds and mortgages payable to the corporation when collected. 5. For licenses to pawnbrokers and dealers in the pur- chase or sale of second-hand furniture, metals or cloth«is. 6. For hackney-coach licenses and street vaults. 7. For exclusive occupation of private wharves, basins and piers. 8. For market fees and market rents. 9. The proceeds of all bonds and mortgages which may have or shall become the property of the corporation, in pursuance of the ordinance creating the fire loan stock of The City of New York. 10. The building included in the establishment called the Almshouse, at Bellevue, together with the lots of land and water rights attached thereto when sold, and the rents when leased. 11. Such portions thereof of the annual taxes levied in The City and County of New York as may be collected for the redemption of the floating debt stock of The City of New York and the fire indemnity stock of The City of New York. 12. All such other sources of revenue or suras of money as the said corporation shall hereafter think proper to appropriate to said fund. (R. O. 1897, sec. 65.) § 54. All moneys hereafter to be received from the fol- lowing sources are pledged, appropriated and are to be applied to and constitute and form a fund to be called the Sinking Fund of The City of New York for the Payment of CODE OF ORDINANCES OF THE CITY OF NEW YORK. 11 the Interest Accruing and to Accrue Upon the Stocks of The City of 'Nerw York until the same shall be fully and finally redeemed, namely: 1. For interest on all bonds and mortguges owned by the corporation. 2. For commutation of alien passeng-ers. 3. For mayoralty fees. 4. For fines and penalties. 5. For fees and fines collected by the clerks of thi& courts, for the corporation. 6. For rents from all sources not already pledged. 7. For tavern and excise licenses. 8. For saJes of all property of the corporation other than real estate. 9. Such portion of the annual taxes levied in the water district of The City of New York as may be collected to supply the deficiency of interest accruing on the water stocks of The City of New York. 10. Nothing in this chapter shall be so construed as to impair or affect any pledge hjeretofore made and now exist- ing of any property or its pi'oceeds embraced in this chapter or in the ordinances relating to the city debt. (Id., sec. 66.) § 55. The Mayor, Comptroller, Chamberlain, President of the Board of Aldermen and the Chairman of the Finance Committee of the Board of Aldermen for the time being shall constitute and be denominated the Board of Commissioners of the Sinking Fund of The City of New York. (Id., sec. 67, with verbal changes.) § 56. Any four or more of the persons named in the pre- ceding section of this article, of whom the Comptroller shall be one, shall be and are hereby authorized to discharge the trusts and duties vested in them by this article. (Id., sec. 68.) § 57. All purchases to be made of the city stocks shall be made by or under the direction of the Board of Commission- ers of the Sinking Fund, as herein and hereby constituted. (Id., sec. 69, with verbal changes.) § 58. The said board shall, from time to time, invest the moneys which shall constitute the Sinking Fund for the Redemption of the City Debt, or as much as they can, in the purchase of stocks created by the corporation of The City of New York, at the market price, not exceeding the par value thereof; and if, at any time, such investments cannot be made at par, then the said board shall be author- ized to invest the said moneys, or such part thereof as they may see fit, either in the purchase of the said stock or the stock of the State of New York, or the stock or bonds of the United States, notwithstanding such stock or bonds may be above the par value thereof. (Id., sec. 70, with verbal changes.) § 59. The powers conferred on the said Board of Com- missioneiTS in the preceding section of this article shall be so 12 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. construed as to reoider it imperative on the said board, at all times to give preference to the purchase of city stock, if the same can be procured at a reasonable rate. (Id., sec. 71, v^dth verbal changes. § 60. Whjenever the said Board of Commissioners shall have invested any part of the said fund in the purchase of the stocks of this State or of the United States, and shall at any time thereafter be enabled to i)urchase any of the city stocks at such prices as they may judge best for the public interest, they shall forthwith sell and dispose of the same and invest the said stocks of the State or of the United States, or the net proceeds thereof, in the city stock, if, in their opinion, such disposition would be beneficial to the public interest. (Id., sec. 72, with verbal changes.) § 61. Whenever the said Board of Commissioners shall have invested any part of the said fund in the purchase of city stock, and shall at any time thereafter be enabled to purchase any of the city stock, which shall be by its terms redeemable at an earlier day, they may forthwith sell the same and invest the net proceeds in such other city stock, If in their opinion such exchange shall be desirable and beneficial to the public interests. (Id., sec. 73, with verbal changes.) § 62. Whenever any of the monej'^s constituting the sink- ing fund for the redemption of the city debt shall be required for any such purchases or investments as are in this chapter before mentioned, or for the redemption of any of the city stocks at their maturity, the amount of money respectively required shall be paid from the treasury, by warrant, signed by the said Board of Commissioners, or any four of them, the Comptroller being one. (Id., sec. 74, with verbal changes.) § 63. All stocks and sureties which shall be purchased by the said Board of Commissioners shall be transferred to the said commissioners, and all transfers thereof, when disposed of pursuant to the provisions of this article, shall be made by the said commissioners, or any four of them, of whom the Comptroller shall be one. (Id., sec. 75, with verbal changes.) § 64. The city stock which shall be purchased by the Board of Commissioners shall not be canceled by them until the final redemption of the said stock, and all interest accruing thereon shall regularly be carried to the said sinking fund for the redemption of the city debt. (Id., sec. 76, wdth verbal changes.) § 65. The revenues herein assigned for the redemption of the city debt shall be kept distinct from all other reven- ues belonging to the said Board of Commissioners. (Id., sec. 77, vvdth verbal changes.) § 66. All moneys constituting the fund for the payment of the interest on the city debt, whenever required to meet CODE OF ORDINANCES OF THE CITY OF NEW YORK. 13 such interest, shall be drawn from the treasury in the same manner prescribed above. (Id., sec. 78.) § 67. Nothing in this ordinance shall be so construed as to prevent the said Board of Commissioners from tempo- rarily investing the unemployed moneys belonging to the sinking fund in the temporary bonds of the corporation. (Id., sec. 79, with verbal changes.) § 68. It shall be the duty of the Comptroller to keep a correct journal of the proceedings of the said Board of Commissioners, to be verified by any four of them, himself being one; and once in each year, or oftener if required, to render unto the Board of Aldermen a full and detailed report of the proceedings of the said Board of Commis- sioners. (Id., sec. 80, with verbal changes.) § 69. The said report shall specify the disbursements, purchases, exchanges and sales made by the said Board of Commissioners; the prices at which and the parties from whom such purchases, with whom such exchanges, and to whom such sales shall have been made; the amounts and descriptions of the stocks of this city purchased by the said board; the amounts and descriptions of the stocks of this State and of the United States then held by them; the amounts paid for interest on the city stocks, with a detailed statement of the receipts and the unemployed moneys in the city treasury to the credit of each division of the sinking fund. (Id.," sec. 81, with verbal changes.) § 70. The terms " City Debt " and " City Stock " used in this article shall be construed to mean any stock or fund created by the corporation of The City of New York. (Id., sec. 82.) § 71. The Board of Commissioners of " the Sinking Fund of The City of New York for the Redemption of the City Debt " are hereby authorized, as provided by the Greater New York Charter, by concurrent resolution, to direct that the bonds and stocks of The City of New York, hereafter issued, pursuant to law, shall be exempt from taxation by said city, and by the county of New York, but not from taxation for State purposes, and all bonds and stocks issued pursuant to such authority shall be exempt from taxation accordingly, provided that said bonds and stocks shall not bear interest exceeding the rate of four per cent, per annum. (Id., sec. 83, as amended.) Article IT.— Sale of Real Estate Belonging to the Sinking Fund, § 72. The Board of Commissioners of the Sinking Fund are hereby authorized to sell and dispose of all real estate belonging to the corporation and not in use for or reserved for public purposes at public auction or by sealed bids, at such times and on such terms as they may deem most advantageous for the public interest, in conformity with the provisions of the statute in this article before referred to; provided, however, that no property shall be disposed 14 CODE OF ORDINANCES OF THE CITY OF NEW YORK. of for a smaller sum than that affixed to the description of said property under this article, and at least thirty days' previous notice of the time and place of such sale, including a description of the property to be sold, be published in the City Record. (Id., sec. 97, with verbal changes.) § 73. Eeal estate under lease, without covenants of renewal, shall not be sold for a less sum than the same may be appraised at by the Board of Commissioners of the Sink- ing Fund, or a majority of them, at a meeting to be held and on an appraisement made within one month prior to the date of the sale. (Id., sec. 98, with verbal changes.) § 74. Real estate under lease, with covenant of renewal, shall not be sold for a less sum than an amount equal to a commutation on the present rents reserved, calculated at six per cent. (Id., sec. 99.) § 75. Real estate not embraced in the last two preceding sections shall not be sold for a less sum than the same may be so appraised at. (Id., sec. 100.) § 76. Whenever any real estate shall have been sold pur- suant to the preceding sections of this article, it shall be the duty of the Board of Commissioners of the Sinking Fund, or a majority of them, to give a certificate, under their hands, that the same has been sold pursuant to the provisions of this article, and upon the production of such certificate and the evidence that the proceeds of such sale have been paid into the treasury to the credit of the sinking fund for the redemption of the city debt, it shall be the duty of the Mayor of the City and the Clerk of the Board of Aldermen to execute proper conveyances of such real estate under their hands and the seal of the city corpora- tion. (Id., sec. 101, with verbal changes.) Article V. — The Collector of Assessments and Arrears. § 77. There shall be paid to and collected by the Collector of Assessments and Arrears, for the benefit of the city treasury, on his furnishing a bill of arrears or making- searches upon a requisition for searches on each lot or piece of property mentioned or referred to therein, in respect to Croton water rents, 50 cents; in respect to taxes, 50 cents; in respect to assessments, 50 cents; and for his certificate upon any such bill or search, when requested, 10 cents. (Id., sec. 39, with verbal changes.) Article YI. — The Bureau of City Revenue and Markets. § 78. The Collector of City Revenue and the Superintend- ent of Markets is charged with the duty of superintending the public markets, the inspection, regulation and manage- ment thereof, and of the transferring and other regulation of the stalls and stands therein. (R. O. 1897, sec. 44, with verbal changes.) This bureau is under the control of the Finance Department, sec. 151, Greater New York Charter. The City Ordinances of 1859 placed CODE OF ORDINANCES OF THE CITY OF NEW YORK. 15 the Bureau of Markets in the City Inspector's Department. That a municipal corporation has power to establish public markets is well settled. St. Johns v. Mayor, etc., of N. Y., 6 Duer, 315; People v. Lowber. 7 Abb. Pr. 158, 28 Barb. 65; Ketchum v. City of Buffalo, 14 N. Y. 356, aff. 21 Barb. 294. And municipal corporations have power to regulate established markets: Mayor, etc., of N. Y. v. Schultz. 31 How. Pr. 385; Barry v. Kennedy, 11 Abb. Pr., N. S., 421. As to power of Comptroller, see Lowenstein v. Myers, 49 N. Y. St. Rep. 807, and People ex rel. Westervelt v. Meyer, 5 N. Y. Supp. 69. An ordinance requiring butchers to have licenses sustained: City of Buffalo V. Hill, 79 App. Div. 402. The city cannot, however, grant permits to erect market stands in the public streets: Ely v. Camp- bell, 59 How. Pr. 333. § 79. The Comptroller may appoint proper persons to remove dirt and filth, from the public markets, and to per- form such other services about the public markets as are necessary to cleanse the same, at a specified compensation; and may, at any time, remove them, or appoint others in their stead. (Id., sec. 45.) § 80. No transfer or assignment of any stall or stand in any of the public markets shall be made without the written permission of the Comptroller, and such transfer shall be duly entered upon the register or list of stands, and notice of the transfer, when made, shall be given to the Comptroller. (Id., sec. 46.) § 81. The following places are hereby severally desig- nated and declared to be the public markets of The City of New York, to wit: Clinton Market, Essex Market, Franklin Market, Fulton Market, Jefferson Market, Tomp- kins Market, Washington Market, West Washington Mar- ket, Gouverneur Slip and the Farmer's Market, bounded by Little Twelfth street, Gansevoort street, Washington street and West street and Tenth avenue. (Id., sec. 47.) § 82. So much of the lands as are bounded and described as follows, to wit: Parcel No. 1, bounded on the north 'by the southerly side of the approach to the Williamsburg bridge, on the east by the westerly side of Attorney street, on the south by the southerly clearance line of the Wil- liamsburg bridge, and on the west by a line parallel with Attorney street, and distant 160 feet from the west side of Attorney street, said parcel being 160 feet in length by 31 feet 9 inches in width. Parcel No. 2, bounded on the north by the southerly side of the approach to the Williams- burg bridge, on the east by the westerly side of Eidge street, on the south by the southerly clearance line of Williamsburg bridge property, and on the vs^est by the easterly side of Attorney street; said parcel being about 200 feet in length by 31 feet 9 inches in width; is hereby declared to be a temporary market place for hucksters and peddlers using pushcarts, pending the completion of the bridge, the Commissioner of Bridges to determine the date of said completion. Said hucksters and peddlers are hereby authorized to stand in the said market place, as soon as the same shall ^e in proper condition, and there to exhibit their waxes and 16 CODE OF OBDINANCES OF THE CITY OF NEW YORK. to vend the same; subject to snch rules and regulations concerning fees, the hours of doing business and the general management of said market erintendent, for the use of The City of New York, the sum of six cents for every cart or wagon load thereof for every day the same shall have remained in the said place of removal. (Id., sec. 60, with verbal changes.) § 83E. The owmer of every cart or other vehicle used for the purpose of bringing meat, garden produce or other thing to any of the public markets to be sold shall cause his or her name to be painted in a plain manner and on a 2 18 CODE OF ORDINANCES OP THE CITY OF NEW YORK. oonspicuous part of such cart or other vehicle, under the penalty of five dollars for every time the same shall be used or driven in The City of Nev^^ York vs^ithout such name, to be recovered from the ovv^ner or driver thereof, severally and respectively. (Id., sec. 61.) § 83F. The last preceding section shall not be construed to apply to the carts used by licensed cartmen of this city, nor to w^ag-ons, carts or other vehicles owmed by country- men and bringing such countrymen's produce to market. (Id., sec. 62.) Chapter 5. — The Borough Presidents. Article I. — Contracts and General Powers. § 84. All contracts for work, materials or supplies relat- ing to any of the matters under the cognizance of the respective Borough Presidents shall be made by the said Borough Presidents, and bonds, to be approved by the Comptroller, shall be taken for the faithful performance thereof; all such contracts shall be executed in triplicate by the said Borough Presidents on the part of the corpora- tion, and by the contractor; one original copy so executed shall be kept and filed in the office of the Borough Presi- dent, one shall be filed in the office of the Comptroller, and the third shall be given to the contractor. (R. O. 1897, sec. 131, with verbal changes.) § 85. No payment shall be made on any work or job done by contract, for any extra work thereon not specified in the contract, unless such extra work shall have been done by the written order of the Borough President direct- ing the same, and stating that such work is not included in the contract. And no such expenditure shall in any case be made, the total amount of which on any one work shall exceed $1,000, unless the same shall be authorized by the Board of Aldermen. (Id., sec. 132, with verbal changes.) § 86. All moneys payable by the corporation for work done, or supplies furnished by contract or otherwise, under the Borough Presidents, shall be paid by the Comptroller, by warrant drawn in favor of the person or persons to whom payments are due, except as otherwise provided in these ordinances, and except that in the case of a pay-roll for labor performed under the supervision of the Borough Presidents, the Comptroller may draw a warrant for the total amount of such pay-roll, in favor of the Chamberlain, who shall make the payments therein specified. (Id., sec. 133, with verbal changes.) § 87. No payments shall be made for any work or sup- plies vdthin the cognizance of the Borough Presidents, except upon the requisition of the Borough President, upon a voucher duly certified. A receipt shall be taken upon each of such vouchers at the time of payment, which shall be CODE OF ORDINANCES OF THE CITY OF NEW YORK. 19 filed in the office of the Comptroller. (Id., sec. 134, with verbal changes.) § 88. The respective Borough Presidents shall, when required by the Board of Aldermen, inquire into and report upon any of the matters within their cognizance, and shall, from time to time, communicate to the Board of Aldermen any information or suggestion which he may deem import- ant in relation thereto. (Id., sec. 135, with verbal changes.) § 89. Each Borough President shall issue proposals and advertise for bids for all contracts exceeding $1,000 con- nected with his department; and whenever a survey or plans shall be necessary for any work duly authorized, or for the purpose of reporting any necessary information, he shall cause such survey or plans to be made by a competent surveyor, architect or engineer, as the nature of the work may require. (Id., sec. 136, with verbal changes.) § 90. He shall control and direct all expenditures to be made by his department, shall countersign and draw his requisition upon the Comptroller for the payment of all bills and accounts therefor which in his judgment are cor- rect, and which may be duly certified by the department under whose supervision the expenditure was incurred; and no requisition shall be drawn by any Borough President for the payment of any bills or accounts until the same shall have been duly certified as aforesaid, except that the bills and accounts for expenditures for the removal of incum- brances or for the other expenditures authorized by ordinance, but not under the immediate supervision of any department, shall be certified by the Borough President. (Id., sec. 137, with verbal changes.) § 91. The President of each Borough shall present and report to the Corporation Counsel all encroachments on the streets or avenues in The City of New York which may be brought to his notice, or take such other action thereon as may be prescribed by ordinance in relation thereto. He shall appoint a competent inspector of contract work con- nected with his department, in all cases where he may deem the public service requires such inspector. In all cases where an assessment shall be levied for any improvements the amount paid for inspection on any contract work con- nected therewith shall be assessed and collected with the other expenses of such improvement, except where the inspector's wages are legally chargeable to the contractor. (Id., sec. 138, with verbal changes.) § 92. In all cases where provision is made by ordinance that the consent of any Borough President may be obtained to authorize any act to be done, he may grant permits therefor, subject to the restriction of the ordinances in relation thereto. (Id., sec. 139, with verbal changes.) § 93. He shall cause to be entered in books to be provided for that purpose and kept in his office, open at all con- venient times to public inspection, the names of all persons 20 CODE OF OBDINAr^CES OF THE CITY OF NEW YOBK. from whom he may receive money for the corporation, on trust account or otherwise; the amounts received, on what account, and when paid; and shall render a certified account thereof, under oath, item by item, to the Comptroller, on Thursday of each week, and shall thereupon pay over the amount so received to the Chamberlain. He shall there- upon receive from the Chamberlain duplicate vouchers for the payment thereof, one of which he shall, on the same day, file in the office of the Comptroller. (Id., sec. 140.) § 94. He may direct the removal of any article or thing* whatsoever which may incumber or obstruct a street or avenue in The City of New York, under the penalties pre- scribed by law. (Id., sec. 141.) See sec. 383 of the Greater New York Charter, subdivision 6, where the President of the Boroug-h is given " cognizance and control . . . 6. Of the removal of incumbrances," and sec. 50 of the Charter, where the Board of Aldermen is given " power . . . to prevent encroachments upon and obstructions to the streets and to authorize and require their removal by the proper officers." This work for many years has been under the imme- diate direction of the " Bureau of Incumbrances." This name is kept in use for convenience. The Revised Ordinances of 1880, under chapter 6, use it as the heading for article IV, which includes the various ordinances forbidding encumbering the streets. In the City Ordinaoices of 1859, where the eight bureaux of the Street Department are explicitly enumerated and defined (sec. 2, art. 1, chap. IV), no mention is made of a " Bureau of Incumbrances," although the department is given cognizance of " the removing incumbrances for streets, roads, places, wharves, piers and slips " (Id., sec. 1). The Bureau was explicitly author- ized by the Consolidation Act (chap. 410, L. 1882, sec. 317, subdiv_ 8). The powers given him as above are very great. The Charter gives the Street Cleaning Commissioner (sec. 545) power to remove certain movable property found in the streets. The terms of this section (545) and of 547 are so broad as to be somewhat confusing, for they apparently give the Street Cleaning Commissioner power to remove all " incumbrances," although intended, however, to be limited to those relating to cleaning the streets. Where an officer fails to remove incumbrances mandamus lies to compel him. See notes, sec. 219. § 95. Each Borough President shall keep separate accounts with the two appropriations, one for the removal of incumbrances, and the other for the conting-encies of his department and the several drafts shall be made upon the Comptroller, charing* each appropriation with the respective drafts, and the Comptroller shall draw his war- rant in each case in favor of the Boroug-h President for the amounts thereof. (Id., sec. 144, with verbal changes.) § 96. All articles removed as provided in this article may be redeemed by the owner upon his paying to the Borough President, • for the use of the corporation, the necessary expenses of removal, together with six cents per day for every cart-load thereof during the time it shall remain unclaimed. (Id., sec. 145, with verbal changes.) § 97. Each Borough President shall enter in a book, to be provided for that purpose, a list of all articles so removed, with the time of removal and the expenses thereof; and when the same shall be redeemed he shall likewise enter CODE OF ORDINANCES OF THE CITY OF NEW YORK. 21 therein the name of the person redeeming the same and the amount received therefor, and shall render a certified account thereof to the Comptroller on Thursday of each week, and shall thereupon pay over the amount so received to the Chamberlain. He shall also thereupon receive from the Chamberlain duplicate vouchers for the payment thereof, one of which he shall, on the same day, file in the office of the Comptroller. (Id., sec. 146, wdth verbal changes.) § 98. He shall between the first and tenth days of February, May, August and November, and at any other time he may designate, in each year, advertise and sell, at public auction, all such articles so removed as shall have been in the public yard, or other suitable place, one month prior to the time of advertising; and he shall, immediately after such sale, account for and pay the proceeds thereof into the city treasury in the manner provided in the last section. (Id., sec. 147.) § 99. The jurisdiction over the corporation yards, except such as are or shall be established by the Commissioner of Street Cleaning, is vested in the Borough Presidents. (Id., sec. 148, with verbal changes.) § 100. The Presidents of the Boroughs of The City of New York be and they are each of them hereby authorized to close temporarily to traffic any street, avenue or public highway, or a portion thereof, when in their judgment travel in the said street, avenue or public highway is deemed to be dangerous to life in consequence of their being carried on in said street, avenue or public highway building opera- tions, repairs to street pavement, or blasting for the pur- pose of removing rock from abutting property. (Bes. app. May 31, 1904.) Article II. — Numhering Streets and Buildings. § 101. It shall be the duty of any Borough President, in numbering and renumbering streets, to leave sufficient numbers on each block, so that, under any circumstances, there would be but one block where a change would be required in case of renumbering at anj^ subsequent time. (K. O. 1897, sec. 229, with verbal changes.) § 102. Whenever any street north of Ninth street inclu- sive, in the Borough of MJanhattian, shall be directed to be numbered or renumbered, the President of said borough shall cause the numbers to commence at the Mfth avenue, numbering east and west, beginning with No. 1 on the west side of Fifth avenue; No. 100 on the west side of Sixth avenue; No. 200 on the west side of Seventh avenue, and so on east and west of the Fifth avenue through the whole series of streets north of Ninth street, and including Ninth street; and said streets shall hereafter be called and knovra as East Ninth street and West Ninth street and so on; the 22 CODE OF ORDINANCES OF THE CITY OF NEW YORK. dividing- line to be the Fifth avenue. (Id., sec. 230, with verbal changes.) § 103. Whenever any street shall have been numbered or renumbered, as the case may be, in pursuance of these ordinances, such numbers shall not be changed or altered without the consent of the President of the Borough, under the penalty of twenty-five dollars ($25) for each offense, to be sued for and collected of the person or persons so violating these ordinances. (Id., sec. 231, with verbal changes.) § 104. In all oases where a street shall have been num- bered or renumbered, in pursuance of these ordinances, it shall be the duty of the Borough President thereafter to adjust and renumber such street as the same may be required from time to time. (Id., sec. 232, wdth verbal changes.) § 105. Whenever any house or lot in any street in the Borough of Manhattan shall have been numbered or renum- bered, according to law or the provisions of these ordinances, it shall be the duty of the President of the Boroug"h to cause to be served upon the owmer of the house so numbered or renumbered, or upon his agent, or upon the sole lessee (if any) of such house, either personally or by leaving at the residence of said owner, agent or lessee a copy of the resolution or ordinance so numbering or renumbering such house, together wdth a notice designating the numbering or renumbering" of the same, directed to such owner, agent or lessee. If such owner, agent or lessee shall fail, within ten days after such service, to number or renumber in a conspicuous manner the house so numbered or renumbered, as aforesaid, the one or such of them so notified, and failing as aforesaid, shall be jointly and severally liable to a penalty of $1 for each day after the expination of said ten days, until said resolution or ordinance shall have been complied with. Provided, however, that the penalty above provided for shall not be recoverable in either of the following cases: First, as ag-ainst the agent if he offer satisfactory proof that compliance vdth the resolution or ordinance is not within the scope of his authority; second, as against the lessee, if he offer satisfactory proof that his control of the demised house does not extend to numbering or renumbering the same; third, as against any defendant who shall prove that the house in question has been numbered or renum- bered within the two years last preceding the date of the beginning of the action for such penalty. A copy of this section shall be indorsed upon each notice so served as aforesaid. (Ord. app. Feb. 24, 1905.) § 106. No person or persons shall cover up or remove any of the monument stones for designating the avenues and streets in The City of New York, without giving three days' notice in writing of his intention so to do to the President CODE OF ORDINANCES OF THE CITY OF NEW YORK. 23 of the Borough in which such monument stone is situated. (R. O. 1897, sec. 233, with verbal changes.) § 107. It shall be the duty of the Borough President receiving such notice forthvsdth to cause one of thjB city- surveyors or an engineer in his department to take the necessary measures to raise or lower such monument to thiB proper grade of the city, and to cause such alteration to be noticed on maps to be kept in his office for that purpose. (Id., sec. 234, with verbal changes.) § 108. It shall be the duty of each of the Borough Presi- dents above mentioned in all contracts hereafter made by him for regulating any of the streets or avenues in which monuments are placed to insert therein a covenant on the part of the contractors to give the notice above required, and to replace such stones, under the direction of the said Borough President. (Id., sec. 235, with verbal changes.) § 109. No excavation or embankment shall be made, or any pavement or flagging laid or moved by any peirson or persons within two feet of any monument or bolt, which has been set by proper authority or designated on any official map as a landmark to denote street lines wdthin The City of New York unLess a license therefor has been obtained from the President of the Borough in which such monument or bolt is situated. (Id., sec. 236, with verbal changes.) § 110. Whenever it may be necessary to make any exca^ vation or embankment, or to lay or remove any pavement or flagging vsdthin two feet of any street monument or bolt, as aforesaid, any person or persons intending to do such work shall make written application to the Borough Presi- dent having jurisdiction as aforesaid for a license, which application shall set forth the nature of the work proposed and location of the monument afEected thereby. The said Borough President shall thereupon cause one of the city surveyors or an engineer in his department to take such measurements and field notes as may be necessary to restore such monuments to their correct position after the completion of the contemplated work, and when such meas- urements and field notes have been taken, but not before, may issue a license as desired. (Id., sec. 237, with verbal changes. § 111. "Whenever any of the Borough Presidents above mentioned shall ascertain that any monument stone has been removed, he shall forthwith cause the Siame to be placed in its proper position, and shall note the same on the map in the manner before stated. (Id., sec. 238, with verbal changes. § 112. The expenses attending the same shall be paid by the Comptroller on the certificate of the Borough President, causing such work to be done. (Id., sec. 239, with verbal changes,) 24 CODE OV OnDINANCES OF THE CITY OF NEW YORK. § 113. If any person or persons sliall make any excavation or embankment, or lay or take up any pavement or flagging within two feet of any street monument, or shall in any way remove, injure or deface any such monument, without having first obtained a license as aforesaid, such person or persons shall be subject to a penalty of $50 for each offense, to be imposed by any city magistrate or justice either on his own view or on testimony takjen in a summary manner, and in default of payment of any fine so imposed such city magis- trate or justice shall commit such offender to the city prison for a period not to exceed thirty days unless such fine is sooner paid. (Id., sec. 240, as amended by ord. app. Nov. 23, 1906.) Article III. — Flagging, Curbing and Repairing Sidewalks. § 114. All streets in the Borough of Manhattan of 22 feet in width and upward shall have sidewalks on each side thereof laid with granite or bluestone flagging, not less than 3 inches thick, and not less than 2 feet wide, and containing a superficial area of at least 8 square feet. (R. O. 1897, sec. 242, wdth verbal changes. . (Amended by ord. app. Nov. 17, 1906, infra.) The general plan prescribed in this article is very old, having been adopted early in the last century. § 115. In all streets of the Borough of Manhattan of the width of 40 feet and upward, which are paved, or shall hereafter be paved or repaved, the sidewalks or footwalks between the lines of the streets and kennels shall be of the following width, that is to say: 1. In all streets 40 feet wide, 10 feet. 2. In all streets 50 feet wide, 13 feet. 3. In all streets 60 feet wide, 15 feet. 4. In all streets 70 feet vdde, 18 feet. 5. In all streets 75 feet wide, 18 feet 6 inches. 6. In all streets 80 feet wide, 19 feet. 7. In all streets above 80 feet and not exceeding 100 feet, 20 feet. 8. In all streets of more than 100 feet, 22 feet and no more. (Id., sec. 243, with verbal changes.) § 116. In all streets less than 40 feet in width such pro- portion thereof as may be directed by the President of the Borough in which such streets are located shall be used and flagged for sidewalks and footpaths. (Id., sec. 244, with verbal changes. § 117 omitted. § 118. All sidewalks in the Borough of Manhattan shall be raised from the curbstone in th£ proportion of 2 inches on 10 feet, under the penalty of $10, to be sued for and recovered from the persons laying and fixing the same and the owner or owners of the lot fronting on the sidewalk, severally and respectively. (Id., sec. 245, with verbal changes.} CODE OF OEDINANCES OF THE CITY OF NEW YORK. 25 § 119. No person shall extend the sidewalk before his lot beyond that of his neighbor, in any street where the same is not yet extended to the width allowed by law under the penalty of $10 for each offense, to be sued for and recovered from the person or persons so violating-, and the owner or owners of the lots fronting- on such sidewalks, severally and respectively. (Id., sec. 246.) § 120. The last preceding section of this article shall not be construed to prevent the extending of any such sidewalks when a majority of the owners of property on the same side of the street and between the two nearest corners, by and with the permission of the President of the Borough in which such street is located, agree to and do extend the sidewalks in front of their respective lots of ground in like manner. (Id., sec. 247, with verbal changes.) § 121. No sidewalk or any part of a sidewalk laid with brick or flagging shall hereafter be taken up, or the brick or flagging removed therefrom, for any purpose what- ever, in The City of New York, without the written permission of the President of the Borough in which the same is situated, under the penalty of $25 for every such offense; but the provisions of this section, unless such work should come within the limits of an ordinance of the Board of Aldermen, shall not apply to any person engaged in the necessary repairs of any such sidewalk, the resetting, when necessary, of any curb or gutter-stones that may have be- come displaced, broken or sunken, or the necessary repair or alteration of any coal slide under any such sidewalk, nor shall a permit for any such purpose be necessary. (Id., sec. 248, with verbal changes. Amended by ord. app. Nov. 17, 1906, infra.) § 122. All private cart-ways, crossing any of the sidewalks of the Borough of Manhattan, and all sidewalks whatever shall be paved with granite or bluestone, not less in size than eight superficial feet, hewn and laid closely together, and not with brick or with round or paving stones, under the penalty of $10 upon the owner and occupant of the lot in front of which such cart-way or sidewalk shall be, sever- ally and respectively. (Id., sec. 240, with verbal changes. Amended by ord. app. Nov. 17, 1906, infra.) § 123. In case any part of such private cart-way or any paj^ of such sidewalk shall not be paved, repaved or repaired according to the provisions of the last section, it shall be lawful for the said Borough President to order, in writing, the same to be done within a time mentioned in such order, at the expiration of which time the same may be done under the direction of the said Borough President, and the expense thereof collected of the owner or owners, occupant or occu- pants of the lot fronting thereon. (Id., sec. 250, with verbal changes.) § 124. All curb-stones which shall hereafter be laid for the purpose of supporting^ the sidewalks shall not be lesg 26 CODE OF OKDINANCES OF THE CITY OF NEW YORK. than three feet in length, 5 inches thick, 20 inches wide throughout, and shall be of the best bluestone or gray granite, and cut, prepared and laid in the following manner, that is to say: 10 inches of the stone shall be laid below the kennel and 10 inches above it, except where the length of curb-stone to be laid or relaid shall be less than the space between the streets crossing that in which it is to be laid, in which case, if the curb-stone in front of the lots adjoining shall be put 8 inches above the gutter-stone, the curb to be laid or relaid as aforesaid shall not be placed more than 8 inches above the grutter-stone unless the person or persons laying or relaying the same shall, by permission of the owner or owners of the lots adjoining, at his, her or their own expense, raise the adjoining sidewalk or sidewalks, and replace the same in a proper manner for a space of at least 5 feet in vddth, so as to prevent any abrupt irregularity in the pavement of the sidewalk; the top of the stone shall be cut to a level of 1 inch; the front to be cut smooth and to a fair line to the depth of 14 inches; the ends from top to bottom to be truly squared so as to form close and even joints, and the front so laid as to present a fair and unbroken line, under the penaltj^ of $10 for each or any violation of either of the provisions of this section, to be sued for and recovered from the persons laying and fixing the same, and the owner or owners of the lot fronting on the sidewalk so fixed, severally and respectively; but in all cases wher? streets are repaved and curbs are reset at the public expense, the President of the Borough in which the same are located may lay curb not exceeding 8 inches in width and not less than 12 inches in depth, with a foundation of concrete of not less than 5 inches in depth. (Id., sec. 251, with verbal changes.) § 125. All gutter-stones which shall hereafter be laid in this city shall be of the best hard bluestone or granite, at least 30 inches in length, 14 inches in width, and 6 inches thick, and shall be cut to a fair and level surface without windings, with true and parallel sides, and the ends square so as to form tight and close joints, under the penalty of $10, to be sued for and recovered from the person or persons laying the same and the owner or owners of the lot fronting on the sidewalk or street, severally and respectively. (Id., sec. 252.) § 126. If any street, when i>aved, shall not exactly range, the gutter or outside of the footpath or sidewalk shall be laid out and made as nearly in a straight line as the street Mali permit; and the ascent and descent of the same shall be regulated by the President of the Borough in which the same is located, and a profile thereof, with the regulations distinctly marked thereon, shall be deposited and kept in the office of the Borough President regulating the same. (Id., sec. 253, with verbal changes.) § 127. When any carriageway shall have been paved, and a majority of owrners of lots on the same block shall have CODE OF ORDINANCES OF THE CITY OF NEW YORK. 27 regulated and paved their sidewalks, the President of the Borough in which the same is located, shall give notice to the owner or owners, or occupant or occupants, on any lota in front of which the sidewalks shall not be paved, to regu- late and pave the same vdthin a certain time to be desig- nated in such notice. (Id., sec. 254, with verbal changes.) § 128. In case of any neglect or refusal to comply with the requisitions contained in the notice mentioned in the last preceding section, the owTier or owners, occupant or occupants, shall forfeit the penalty of $25 for each neglect or refusal, severally and respectively. (Id., sec. 255.) § 129. The owner or owners, lessee or lessees, occupant or occupants of any house or other building or vacant lots fronting on any street or avenue, shall at his, her or their charge and expense, well and sufficiently pave, according to the ordinances, and keep and maintain in good repair the sidewalks and curb and gutter of such street or avenue in front of any such house or other building or vacant lot. (Id., sec. 256.) § 130. Upon complaint being made to the Borough Presi- dent having jurisdicton thereof, to his satisfaction, that any sidewalk or curb and gutter, or either, are not paved or repaired according to these ordinances, it shall be lawful for the said Borough President to cause a notice to be served upon the owner or owners, lessee or lessees, occu- pant or occupants, of any such house or other building or vacant lot of ground fronting on any street or avenue, to repair or relay, as the case may require, the sidewalk and curb and gutter, or either, in front of the same, within ten days after the service of such notice. (Id., sec. 257, with verbal changes.) § 131. In default of such owner or owners, lessee or lessees, occupant or occupants, repairing or relaying, as the case may require, such sidewalks and curb and gutter, or either, within the time required by said notice and comply- ing with the said notice, the said Borough President is hereby authorized and required to lay and relay the flag- ging, and set and reset the curb and gutter or either, and otherwise repair such sidewalks, and to certify the expense of conforming to the provision of this ordinance, to the Board of Assessors, who are directed to make a just and equitable assessment of such expense among the owners or occupants of all the houses or lots intended to be benefited thereby, in proportion as near as may be to the advantages which they may be deemed to acquire, and it shall be lawful for the said Borough President to report to the Corporation Counsel the neglect or refusal to comply vnth the above said notice, who shall recover $10 as penalty from the owner or owners, lessee or lessees, occupant or accupants, of such houses or other building in front of which the expense was incurred, in any court having jurisdiction thereof, in the name of The City of New York. (Id., sec. 258, with verbal changes.) 28 CODE OP ORDINANCES OF THE CITY OF NEW YORK. Article IV. — Paving, Repaving and Repairing Carriageways. § 132. All the streets in The City of New York of 22 feet in width and upward shall be laid or paved in the middle, which part shall remain as a cart-way, and shall have a g-utter or kennel on each side next adjoining" the footpath, and shall be paved with sufficient paving stone, and arched in such a manner as the Borough Presidents shall direct. (R. O. 1897, sec. 271, with verbal changes.) § 133. Whenever the carriageway of any of the streets in The City of New York, or part of the same, not less than the space or distance between and including the intersection of two streets, shall be repaired or newly paved, and the crosswalks laid, and the sidewalks extended to the width required by law, at the expense of the individual owners of the lots in the same, and the work approved by the proper city authorities, such streets or parts of streets shall for- ever thereafter be paved, repaired and repaved at the expense of the corporation, but this section shall not be construed to apply to sidewalks, but to the pavement or carriageway of streets only; and nothing in this section contained shall be construed to apply to any wooden pave- ment in said city. (Id., sec. 272, with verbal changes.) § 134. Any citizen or number of citizens shall be allowed to pave the street opposite to his or their property where the same shall extend from the intersection of one cross street to the intersection of another; provided the same be done in conformity to the regulations of the President of the Borough in which such street is located. (Id., sec. 273, with verbal changes.) § 135. All pavements hereafter to be laid in any of the streets or lanes of this city by the Commissioner of Water Supply, Gas and Electricity, or contractors for the con- struction of sewers, or for the laying of any water, g-as or other pipes, shall, after the pavement is laid or driven down, have covered over them 1 inch in thickness of pure sand. (Id., sec. 274, with verbal changes.) § 136. Any and all persons other than the Commissioner of Water Supply, Gas and Electricity who may hereafter pave or cause to be paved, any street, lane or other thor- oughfare, or portion thereof, in this city, shall have the sand, dirt and rubbish cleaned off said street, lane or thoroughfare, or any part thereof, vdthin twelve days after any such pavement shall be completed. This section shall be so construed as to apply to the removal of all sand, dirt or rubbish collected in any part of any and all streets, lanes and thoroughfares covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof; and no contract for paving, in pursuance of this section, shall be accepted as completed unless the city official making the contract shall certify that this section has been fully complied with. (Id., sec. 275, with verbal changes.) COt)E OF ORDINANCES OF THE CITY OF NEW YORK. 29 § 137. Any person or persons, excepting" tlie Commis- sioner of Water Supply, Gas and Electricity, neglecting or refusing to remove the dirt, sand or rubbish mentioned herein within the time specified therein, shall forfeit and pay the sum of $25 for each offense; and, in addition thereto, the President of the Borough in which such work has been done shall cause the same to be removed at the expense of the party so neglecting or refusing, who shall be liable to repay and refund the same, and which sum shall be collected and paid into the city treasury. (Id., sec. 276, with verbal changes.) § 138. It shall not be lawful for any of the gas companies of this city to break up any of the pavements of this city without the permission of the President of the Borough in which such work is to be done; and such consent shall not be given until the party applying therefor shall enter into a stipulation satisfactory to the said Borough President to repair and replace the said pavement to the satisfaction of the said Borough President, at his and their own expense, by a day to be named in such permit; and if any person or persons shall neglect or refuse to repair and replace the same in accordance with such stipulation and permit, they shall forfeit and pay for each offense the sum of $50, and, in addition thereto shall be liable to pay the expense of repairing and replacing such pavement, which shall be done by and under the direction of the said Borough President. (Id., sec. 278, with verbal changes.) § 139. It shall be lawful for the persons employed to pave or repave any street in The City of New York, to place proper obstructions across such street or cartway for the purpose of preserving the pavement then newly made or to be made, until the same shall be fit for use, leaving at all times a sufficient passage for foot passengers. (Id., sec. 279.) § 140. No person or persons shall, without the consent of the Borough President having jurisdiction of the street in which such obstruction is placed, in writing, or without the consent of the person superintending said paving, throw- down, displace or remove any such obstruction mentioned in the last preceding section, under the penalty of $15 for every such offense. (Id., sec. 280, with verbal changes.) § 141. Nothing contained in this article shall be con- strued to authorize any person or persons to stop up or obstruct more than the space of one block and one inter- section, at the same time, in any one street, or to keep the same so stopped up for more than two days after the cartway is finished. (Id., sec. 281.) § 142. Whenever any person or persons shall have author- ity under any contract with the corporation or any officer thereof, or under any permit authorizing the same, to remove the pavement from, or to excavate, or to occupy or use any part of the public streets and avenues, in the city, so as to obstruct the travel in any streets or avenues, 30 CODE OF ORDINANCES OF THE CITY OF NEW YORK. and to prevent the same from being used for the time being- for the purposes of travel, such person or persons shall erect, or cause to be erected, in conspicuous positions, at the several points of intersection of such street or ave- nue so obstructed, with the cross streets nearest to such obstruction, a suitable notice of such obstructions, which notice shall be in such manner and form as the Borough President having jurisdiction of such street may at any time direct. (Id., sec. 282, with verbal changes.) § 143. Every person who shall violate the preceding sec- tion shall be subject to a penalty of $10, to be sued for and recovered in any court of competent jurisdiction. (Id., sec. 283.) § 144. No pavement in any street in The City of New York which has been accepted by the corporation, to be kept in repair at the public expense, shall hereafter be taken up, or the paving stones removed theretrom, for any purpose whatever, without the authority of the Borough President having charge thereof, under the penalty of $100 for every offense. (Id., sec. 284, with verbal changes.) § 145. Whenever any pavement in any such street, or any part or portion thereof, has been or shall be taken up, or the paving stones in any such street or part of a street have been or shall be removed therefrom, or from the place or position in which they have been put in such pavement, in violation of the preceding sections, it shall be the duty of the President of the Borough in which such work has been done, forthwith to restore such pavement to its former condition and replace the same, and restore the paving stones so removed as aforesaid to their place in the said pavement, so as to restore said pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal as aforesaid. (Id., sec. 285, with verbal changes.) § 146. Whenever any wood, timber, stone, iron or any other metal has been or shall be put or placed in or upon any such pavement so as to hinder or obstruct or be in the way of the restoration of said pavement, as mentioned in the preceding section, it shall be the duty of the Borough President having charge of the street or pavement forth- with to cause such wood, timber, stone, iron or other metal to be taken up and removed from said street or pavement, so that they shall not incumber or obstruct said street and the free use of the pavement therein and all parts thereof. (Id., sec. 286, with verbal changes.) § 147. Whenever, hereafter, any person or association or body of persons, or any incorporated company, shall attempt to take up any such pavement mentioned in this article, or remove the paving stones, or any of them, there- from, it shall be the duty of the Borough President having charge thereof forthwith to prevent the same, and gener- ally to prevent the pavement in the street aforesaid, and CODE OF ORDINANCES OF THE CITY OF NEW YORK. 31 every part thereof, from being- taken up, removed, incum- bered or obstructed. (Id., sec. 287, with verbal changes.) § 148. It is hereby made the duty of the Borough Presi- dents, each in their respective jurisdiction, whenever grant- ing a permit for any excavation, opening or disturbance of the pavement of the carriageway of any street, avenue or public place in The City of New York, or sidewalk thereof, except in cases where such opening, excavation or disturb- ance shall be directlj'^ authorized by law, to require of the person or persons by whom or for whose benefit any excavation or opening is to be made, for any pur- pose whatever, a deposit of such sum as shall be deemed sufficient to cover and pay all the expenses on the part of the department granting the permit, . as the case may be, of furnishing such material, doing such work, and taking such means as shall be required to properly restore and secure against sinkage the street and sidewalk, pavement, curb and flagging necessary to be replaced in consequence of making such excavation, opening or disturb- ance; which deposit shall be a full discharge of all liability and claim against the person or persons making such deposit and payment for the work herein provided for and required of the departments aforesaid. (Id., sec. 740, wdth verbal changes.) § 149. The said Borough Presidents shall deposit weekly with the City Chamberlain all moneys received under the last preceding section, an account of which moneys shall be kept separate and distinct from all other funds and accountai whatsoever by the said Borough Presidents, and the City Chamberlain, who shall receive the same as a " special fund " in respect to each department separately, which is hereby created and established subject to such payments as hereinafter provided for. (Id., sec. 741, with verbal changes.) § 150. Whenever any pavement, sidewalk, curb or gutter in any street, avenue or public place shall be taken up, it shall be the duty of the Borough President, within whose jurisdiction said street or avenue is, to restore such pave- ment, sidewalk, curb or gutter to its proper condition as soon thereafter as is practicable, requiring the person or persons by whom or for whose benefit the same is removed to deposit the material composing the superstructure with- out breaking or injuring the same, and in a manner which will occasion the least inconvenience to the public, and to fill in any excavation made, and to leave the same properly packed, rammed and repaired for the repaving required. And the said Borough Presidents are hereby authorized to establish such rules and regulations as in their judgment shall be deemed necessary for the purpose of carrying out the provisions of this ordinance. (Id., sec. 742, with verbal chang-es.) 32 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 151. Such sums as shall be certified by the said Borough Presidents to have been necessarily expended by him or them for any repaying done pursuant to this ordinance, shall he paid from the special fund hereby created upon the requisition of the said Borough Presidents, as the case may be, after examination, audit and allowance of accounts by the Finance Department, in the same manner that pay- ments are or shall be required by law to be made from the city treasury, provided that the amount so certified and paid shall not exceed the aggregate amount of such special fund. (Id., sec. 743, with verbal changes.) Article V. — Sewers and Drains. § 152. All sewers and drains in any of the streets, ave- nues or public places in the city shall be under the charge of the President of the Borough in which the same are situated, and said Borough Presidents in their respective territories shall keep the same in good order and coridition, and clean and free from obstructions, and shall cause such repairs to be made to them and to the receiving basins, culverts and openings connected therewith, as may from time to time become necessary. Such sewer culverts shall be cleaned at night and not in the daytime. (R. O. 1897, sec. 301, with verbal changes.) § 153. The said Borough Presidents shall prescribe the mode of piercing or opening any of the sewers or drains in their respective territories, and the form, size and material of which connections therewith shall be composed, and shall have authority to grant permission to make lateral con- nections with said sewers. (Id., sec. 302, with verbal changes.) § 154. The said Borough Presidents may grant permis- sion to persons to construct at their own expense sewers or drains, or to lay pipes to connect with any sewers or drains built in any of the streets or avenues in the city under their respective supervision, on being furnished with the written consent of the owners of a majority of the property upon the street through which such sewer, drain or pipe is to pass; but such permission shall not be granted except upon the agreement, in writing, of the persons appljdng therefor, that they shall comply with the ordi- nances in relation to excavating the streets, that they will indemnify the corporation for any damages or costs to which they may be put by reason of injuries resulting from neglect or carelessness in performing the work so per- mitted; and that no claim will be made by them or their successors in interest against the corporation, if the work so permitted be taken up by the authority of the Board of Aldermen, or for exemption from an assessment lawfully imposed for constructing sewers or drains in the vicinity of their property; and upon the further condition that the Board of Aldermen may at any time revoke an^ annul such CODE OF ORDINANCES OF THE CITY OF NEW YORK. 33 permission, and direct such sewers, drains or pipes to be taken up or removed. (Id., sec. 303, with verbal changes.) § 155. Each of the said Borough Presidents shall keep a record of all permits granted for connection with sewers or drains, in which he shall enter the names of all persons from whom he may receive money for such permits, with the amount received from each person and the time when it was received. He shall render an account thereof, under oath, item by item, to the Comptroller, on Thursday of each week and shall thereupon pay over the amount so received to the Chamberlain. He shall also thereupon receive from the Chamberlain a voucher for the payment thereof, which he shall forthwith on the same day exhibit to the Comp- troller, and shall at the same time leave with him a copy thereof. (Id., sec. 304, with verbal changes.) § 156. No connection shall be made with any sewer or drain without the written permission of the Borough Presi- dent having jurisdiction as aferesaid; and any connection or opening made into any sewer or drain without such per- mission, or in a manner different from the mode prescribed for such opening by said Borough President, shall subject the person making the same and the owner of the premises directing it, respectively, to a penalty of $50. (Id., sec. 305, with verbal changes.) § 157. All openings into any sewers or drains, for the purpose of making connection therewith, from any house, cellar, vault, yard or other premises, shall be made by persons to be licensed by the several Borough Presidents, in writing, to perform such work; and the said persons, before being so licensed, shall execute a bond to the city in the sum of $1,000, with one or more sureties to be approved by the Borough President issuing such license, conditioned that they will carefully make the openings into any sewers or drains in the manner prescribed by the Borough President having jurisdiction to permit such open- ings to be made, without injuring them, leave no obstruc- tions of any description whatever in them, and properly close up the sewer or drain around the connection made by them and make no opening into the arch of any sewer or drain; that they will faithfully comply with the ordinances relating to opening and excavating streets; be responsible for any damages or injuries that may accrue to persons, animals or property, by reason of any opening in any street, lane or avenue made by him or those in his employment; and that they vdll properly refill and ram the earth, and suitably restore the pavement taken up for excavating, and repaye the same, should it settle or become out of order within six months thereafter; and in case any person so licensed shall neglect to repair the pavement aforesaid within twenty-four hours after being notified, the Borough Presi- dent in whose territory the same is JoQat^d may cause thQ 3 34 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. same to be done and charge the expense thereof to the person so neglecting. (Id., sec. 306, with verbal changes.) § 158. Ten dollars shall be paid to the Borough President granting the permit for permission to connect each house, store or building with any sewer or drain. Each hotel, boarding house or public' building covering more ground than 25 feet by 50 feet shall pay proportionally for such additional space of ground covered by each respectivel3^ Manufactories, breweries, distilleries and the like, for per- mission to connect with sewers or drains, for the purpose of carrying off water or fluids that will not deposit sediment or obstruction, shall pay such sums as shall be fixed and determined by said Borough President. And any manu- facturer, brewer, distiller, or the like, permitting any sub- stance to flow into any sewer, drain or receiving basin, which shall form a deposit that tends to fill said sewer, drain or basin, shall be subject to a penalty of $50 for each offense. (Id., sec. 307, with verbal changes.) § 159. AH connections with sewers or drains, used for the purpose of carrying off animal refuse from water closets, or otherwise, and slops of kitchens, shall have fixtures for a sufficiency of Croton water, to be so applied as to properly carry off such matters, under the penalty of $5 for each day the same are permitted to remain wdthout such fixtures for supplying said water. (Id., sec. 308.) § 160. No butcher's offal or garbage, dead animals or obstructions of any kind whatsoever, shall be placed, thrown or deposited in any receiving basin or sewer; and any person so offending or causing any such obstruction or substance to be placed so as to be carried into such basin or sewer shall be subject to a penalty of $10 for each offense; and any person injuring, breaking or removing any portion of any receiving basin, covering, flag, manhole, vent, or any part of any sewer or drain, or obstructing the mouth of any sewer or drain, shall be subject to a penalty of $20 for each offense; nor shall any quantity of marble or other stone. Iron, lead, timber or any other substance exceeding one ton in weight be placed or deposited upon any wharf or bulk- head through which any sewer or drain may run; nor upon or over any sewer or drain where the same shall be veithin 3 feet of the surface of the street, under the penalty of $50 for each offense, to be recovered of the person or persons causing or permitting the same. (Id., sec. 309.) § 161. It shall be the duty of the policemen to be vigilant in the enforcement of the provisions of this chapter, and report any violations thereof to the Corporation Counsel. The captains of the several police precincts shall, on observ- ing or being informed of the opening of or excavating in any street or avenue, require the person making such opening or excavation to exhibit to him the authority or permission for such opening; and if none have been given by the proper officer, or if the exhibition thereof be refused, said captain CODE OF ORDINANCES OP THE CITY OP NEW YORK. 35 of police shall, without delay, make complaint to the Cor- poration Counsel and report the same to the President of the Borough in which such violation occurs. (Id., sec. 310, with verbal chang-es.) § 162. It shall be the duty of every person having" charge of the sweeping and cleaning of the streets in the several wards to see that the gutters are properly scraped out before the water is suffered to flow from any hydrant for the purpose of washing the same, in order that no substance or obstruction be carried into any of the receiving basins; every person violating this section to be subject to a penalty of $5 for each offense. (Id., sec. 311.) § 163. Whenever any sewer, culvert, water mains or pipes are to be constructed, altered or repaired in any street in The City of New York in which the g^s pipes of gaslight companies are laid, or whenever any such street shall be regulated or graded, it shall be the duty of the contractor or contractors thereof to give notice, in writing, of the same to the said companies, or to the one whose pipes are laid in the street about being disturbed by the construction, alteration or repairing of such sewer, culvert, water maina or pipes, or by the regulating or* grading thereof, at least twenty-four hours before breaking ground therefor. (Id., sec. 312.) § 164. It shall be the duty of the said gas companies, or the one whose pipes are about to be disturbed by the con- struction, alteration or repairing of any sewer, culvert, water main or pipe, or the regulating or grading of any street, on the receipt of the notice provided for in the preceding section, to remove or otherwise protect and replace the main ajid service pipes, lamp-posts and lamps, where necessary, under the direction of the Borough President. The com- pany notified in accordance with the preceding section shall comply with such notice by causing the pipes, lamp-posts and lamps to be protected and replaced, where necessary, during the progress of the work. (Id., sec. 313, with verbal changes.) § 165. The preceding provisions shall be made part of every contract hereafter made for constructing, altering or repairing any sewer or culvert, water mains or pipes in any street of this city in which the pipes of gaslight companies shall be laid at the time of maldng such contract, or for the regulating or grading of any such street. (Id., sec. 314.) § 166. It shall be the duty of the person or persons by whom or for whose benefit any excavation is to be made for constructing, altering or repairing a vault, waste pipe or drain in any street of this city, to give notice, in writing, thereof to the company whose pipes are laid in the street about to be disturbed by the construction, alteration or repairing of such vault, waste pipe or drain, at least twenty- four hours before commencing the same; and such person or persons shall, at his or their expense, sustain, secure and protect said pipes from injury, and replace and pack the 36 CODE OF ORDINANCES OF THE CITY OF NEW YORK. earth wherever the same shall have been removed, loosened or disturbed, under or around them, so that such pipes shall be well and substantially supported; and if such person or persons shall fail to sustain, secure and protect said pipes from injurj^ or to replace and pack the earth under or around them, as by the provisions of this section required, then the same may be done by the company to whom the same may belong-, and the cost thereof, and all damag-es sus- tained by either of said companies thereby, shall be paid by said person or persons to said company; and the said com- pany may, in default thereof, maintain an action against him or them therefor. (Id., sec. 315.) § 167. The provisions of the last preceding* section shall be made part and a condition of every permit that shall hereafter be g-ranted to any person or persons for making any excavation for the construction, alteration or repairing any vault, waste pipe or drain in any street in which the pipes of either of the said companies shall be laid at the time of granting said permits; provided said company or either of them provide such permits or pay a just proportion therefor. (Id., sec. 316.) § 168. No connection with or opening into any sewer or drain shall be used for the conveyance or discharge into said sewer or drain of steam or hot water above one hundred degrees Fahrenheit from any boiler or engine, or from any manufactory or building in which steam is either used or generated, or to discharge or permit to escape into any sewer or drain, or into any public street, steam from any stop cock, valve or other opening in any steam pipe or main, under the penalty of $50 for each and every day during any part of which such connection or opening may have been used for that purpose; and the Borough President having jurisdiction of said street or sewer is hereby authorized and directed, upon the expiration of five days after notice to dis- continue the discharge of steam or hot water from any connection to cancel the permit, and to close up and remove the same if such discharge of steam or hot water from such connection shall not have been discontinued. This penalty shall be imposed upon and recovered from the owner and occupants severally and respectively of such manufactory or building, or from any corporation having mains for the conveyance of steam or hot water in the streets, avenues or public places. (Id., sec. 317, with verbal changes.) Article YI. — Vaults, Cisterns and Areas. § 169. The presidents of the respective boroughs, on appli- cation for that purpose, are empowered to gfive permission to construct any vaults or cisterns in the streets within their respective territories, provided, in the opinion of the Borough President granting such permit, no injury will come to the public thereby. (K. O. 1897, sec. 318, vdth verbal changes.) Where a vault or cellar has existed for thirty years there is a presumption that it is with the consent of the municipal authori- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 37 ties. People ex rel. Zeigler vs. Collis, 17 App. Div. 448; and this is true of a vault existing for nine years to the extent that it is not considered a nuisance per se, Babbage vs. Powers, 130 N. Y. 281. This is merely a presumption, however. Deshong vs. City of New York, 176 N. Y. 475. A permit may be revoked by the city. Lincoln Safe Dep. Co. vs. City N. Y., 96 App. Div. 318. § 170. No person shall cause or procure any vault or cistern to be constructed or made in any of the streets of The City of New York, without the written permission of the Borough President having- jurisdiction thereof, under the penalty of $100, to be sued for and recovered from such person and the master builder or person who made the same, severally and respectively. (Id., sec. 319, with verbal changes.) The City of New York has the power to regulate and authorize vaults, cellars, steps, etc., for the greater convenience of its citi- zens. See Jorgensen vs. Squires, 144 N. Y. 281; McMillan vs. Klaw & Erlanger, 107 App. Div. 407. And where a vault has existed since 1876 without a permit, held, where it was being rebuilt, the city could compel being paid for space used since no permit could be proved, and no right of prescription exists as against the public. Deshong vs. City of New York, 74 App. Div. 234; afHrmed, 176 N. Y. 475. Where, by special statute, an area space in a tenement was covered over, held not to be a vault within meaning of ordinance. Buck vs. Collis, 17 App. Div. 465. The charter amendments make this inapplicable now. City of New York vs. Madison Ave. Real Est. Co., 42 Misc. Rep. 5o5. But a vault erected without permission in a dangerous condition must be allowed to be repaired without first taking out a permit. People vs. Collis, 17 App. Div. 448. These vault permits have been issued since May, 1857. Deshong vs. City, supra. As to what constitutes a " vault," see City of New York vs. Buek, 43 Misc. 663. Where a permit was paid under threat of arrest, held payment was voluntary, and could not be recovered from the city. Wolff vs. City of New York, 92 App. Div. 449. § 171. Every application for permission to erect such vault or cistern shall be in writing, signed by the person making the same, and shall state the number of square feet of ground which is required for the same, and the intended length and width of the same. (Id., sec. 320.) § 172. After obtaining permission to construct or make such vault or cistern, and previous to the commencement thereof, the person so applying shall forthwith pay to the Borough President granting the permit therefor such sum as he shall certify in the said permission to be a just com- pensation to the city for such privilege, calculated at the rate of not less than 30 cents, nor more than $2 per foot, for each square foot of ground mentioned as required for such vault or cistern, under the penalty of $100. (Id., sec. 321, with verbal changes.) § 173. No person shall erect or build, or cause or permit any vault or cistern to be made which shall extend further than the line of the sidewalk or curbstone of any street under the penalty of $100. (Id., sec. 322.) § 174. It shall be the duty of every person for whom any vault or cistern may be in process of construction to procure the same to be measured by one of the City Surveyors, and to deliver to the Borough President granting the permit therefor a certificate of the said measurement, signed by 38 CODE OF ORDINANCES OF THE CITY OF NEW YORK. such surveyor, before the arching of such vault or cistern shall be commenced, under the penalty of $100. (Id., sec. 323, with verbal changes.) § 175. If it shall appear by such certificate or otherwise that such vault or cistern occupies a greater number of square feet than shall have been paid for as aforesaid, the owner of such vault or cistern, and the master builder by whom or under whose direction such vault or cistern shall be constructed, shall in addition to the penalty imposed by this article, severally and respectively forfeit and pay twice the sum previously paid for each square foot of ground occupied by such vault or cistern over and above the number of square feet paid as aforesaid. (Id., see. 324.) § 176. All vaults or cisterns shall be constructed of brick or stone, and the outward side of the grating or opening into the street shall be either within 12 inches of the outside of the curbstone of the sidewalk or within 12 inches of the coping of the area in front of the house to which such vault shall belong, under the penalty of $100, to be paid by the owner or person making or causing the same to be made. (Id., sec. 325.) § 177. All grates of vaults shall be made of iron, the bars whereof shall be three-fourths of an inch wide and one-half of an inch thick, and not more than three-quarters of an inch apart, under the penalty of $25, to be paid by the owner of the vault or occupant of the house to which the same shall belong, severally and respectively. (Id., sec. 326.) § 178. Every owner or occupant of any house or lot of ground within the paved parts of The City of New York, before which any vault, pit, hole, cistern or well shall be made, and every person making or having charge of such vault, pit, hole, cistern or well, shall, during the whole of every night while such vault, pit, hole, cistern or well shall be opened or uncovered, cause a lighted lamp or lantern to be placed and kept at some convenient spot, so as to cast its light upon such vault, pit, hole, cistern or well, under pen- alty of $10. (Id., sec. 327.) § 179. All vaults and cisterns shall be completed and the ground closed over them within three weeks after they are commenced, under the penalty of $5 for every day there- after during which the same shall remain uninclosed, to be recovered from the owner or builder of the same, severally and respectively. (Id., sec. 328.) § 180. No area in the front of any building in The City of New York shall extend more than one-fifteenth part of the width of any street, nor in any case more than 5 feet, meas- uring from the inner wall of such area to the building; nor shall the railing of such area be placed more than 6 inches from the inside of the coping on the wall of such area, under the penalty of $100, to be recovered from the owner and builder thereof, severally and respectively. (Id., sec. 329.) The penalty was cut down from 250 to 100 dollars in 1896. This section has been in force since at least 1821. (See Laws of City of CODE OF ORDINANCES OF THE CITY OF NEW YORK. 39 N. Y. 1821, p. 29.) As originally used the ordinance expressly said " no areas below the surface of any street," and since then the area sections have always been included in the article on vaults. This is important to bear in mind, as the style of construction has changed so much since the word was first used. The tendency of the public has been to assume there was an " area line " up to which point much latitude in building was shown. Areas must not be confused with court-yards, however, which are not and never were permitted except under special circumstances. In the earlier days it was customary to grant to certain streets and avenues, by special ordinance, the right to enclose a court-yard in front of the abutting houses with light iron railings. But such court-yards were held to be illegal and the ordinances void in Lawrence vs. Mayor, etc., of N. Y., 2 Barb. 577 (1848). It was under these circum- stances, that the court-yards were constructed in Fifth avenue, 42d street, 34th street, 23d street, etc. For example, as to Fifth avenue, between 23d street and 42d street, see ordinance passed September 30, 1844, and earlier ones. The permission, however, was revocable. The change of those streets from residential to busi- ness, as well as the growth of the city, have made the local condi- tions entirely different. That a reasonable encroachment on a public street is lawful for use as an area, was sustained in City of Chicago vs. Bobbins, 67 U. S. 418. Where The City of New York sought a preliminary mandatory injunction to compel the removal of steps extending fifteen feet on Fifth avenue and of an area extendmg fourteen feet on 34th street, denied. City of New York vs. Knickerbocker Trust Co., 41 Misc. 17. But that a good cause of action was alleged in the complaint sustained in same case. Scott, J., N. Y. Law Journal, Dec. 29, 1903; aff. in 104 App. Dlv. 223. And where an owner sought to restrain the municipal authorities from removing a porte-cochere extending out fifteen feet to the so-called area line on Fifth avenue, application denied. George W. Vanderbilt vs. City of New York, Blanchard, J., N. Y. Law Journal, June 25, 1903. Also, see City N. Y. vs. Knickerbocker Trust Co., O' Gorman, J., N. Y. Law Journal, June 1, 1906. For Broaxlway, see notes, section 181. An area built as prescribed by the ordinances is legal and must be maintained by the owner in the manner prescribed as long as it lasts. Devine vs. Nat. Wall Paper Co., 95 App. Div. 194. § 181. No areas, steps, courtyards or other projections, except show windows, not exceeding 18 inches in width, and signs not projecting more than 12 inches from the house line, shall hereafter be built, erected or made upon Broad- way, to the south of Fifty-ninth street, in the Borough of Manhattan, and that all buildings hereafter erected shall conform to and be upon the street line of such street. (R. O. 1897, sec. 330, with verbal change.) This ordinance continues the ordinance approved April 25, 1882. It withdraws all stoop-line privileges on Broadway below Fifty-ninth street. It was made necessary by the rapidly growing population of the metropolis and the enormous crowds who use the Broadway sidewalks. The ordinance has been upheld in a number of suits to recover penalties in the Municipal Courts. Where the photographer Marceau claimed that a marquise, or awning of glass and steel, on his Broadway place was not a " projection " within the terms of the ordinance, held the ordinance meant to forbid all projections of whatever kind. City of New York vs. Otto Sarony Co., 86 N. Y. Supp. 27. § 182. Any person or persons who shall hereafter make, build or erect any area, steps, stoop, court-yard or other projections, in contravention of this ordinance, shall be guilty of a misdemeanor, and shall in addition thereto, be liable for a penalty of $10 for such offense and for $10 for each and every day that such offense shall continue, (Id., sec. 331.) 40 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 183. That no areas, steps, court-yards or other projec- tions, except show windows not exceeding eighteen inches in width, and signs not projecting more than twelve inches from the house line, shall hereafter be built, erected or m^ade upon Fourteenth street, between Broadway and Sixth avenue in the Borough of Manhattan. (Id., sec. 332, with verbal change.) This is similar in its general purpose to the two preceding sec- tions. See ordinance afflrmed in City of New York vs. Childs Unique Dairy Company, opinion of Judge Moore, 3rd Mun. Ct., N. Y. Law Journal, Oct. 18, 1902; affi'd by App. Term of the Supreme Ct., N. Y. Law Journal, Jan. 3, 1903. A discrimination made in the rate of speed of a railroad when running over certain specific city streets sustained. City of Buffalo vs. N. Y., L. E. & W. R. R., 152 N. Y. 276. § 184. That any person or persons who shall hereafter make, build or erect any area, stoop, court-yard or other projection, in contravention of this ordinance, shall be guilty of a misdemeanor, and shall, in addition thereto, be liable for a penalty of ten dollars for such offense, and for ten dollars for each and every day that such offense shall continue. (Id., sec. 832a.) § 185. Every area shall be inclosed with a railing, the gates of which shall be so constructed as to open inwardly, under the penalty of $100 for each offense, to be recovered from the owner or builder thereof, severally and respect- ively. (Id., sec. 333.) See Tubesink vs. City of Buffalo, 51 App. Div. 14. § 186. Every description of opening below the surface of the street in front of any shop, store, house or other build- ing, if covered over, shall be considered and held to be a vault or cistern within the meaning of this article; and the master builder (Sr owner, or person for whom the same shall be made or built, shall be liable to the provisions, payments and penalties of this article severally and respectively. (Id., sec. 334.) See notes to section 170. § 187. The last preceding section of this chapter shall not be construed to refer to those openings which are used exclusively as places for descending to the cellar floor of any building or buildings by means of steps, (Id., sec. 335.) § 188. No person shall remove, or cause or procure, or suffer or permit to be removed or insecurely fixed, so that the same can be moved in its bed, any grate or covering to the opening or aperture of any vault in The City of New York, under the penalty of $10. (Id., sec. 336.) See Jennings vs. Van Schaick, 108 N. Y. 530. § 189. The last preceding section of this article shall not be construed to prevent the removal of such grate or cover- ing, providing the aperture to such vault, during the removal of such grate or covering, shall be inclosed with a strong bo:^ or curb at least twelve inches hi^h. (Id., sec, 337.) CODE OF OEDINA^XES OF THE CITY OF NEW YORK. 41 § 190. No person shall suffer or permit any grate or cov- ering" to any vault to be removed therefrom, or insecurely fixed thereon, so that the same can be moved in its bed, within one hour before sunset on any day, under the penalty of $20, to be sued for and recovered from the owner and occupant of the house to v^hich such vault shall belong, severally and respectively. (Id., sec. 338.) § 191. The Commissioner of Police is hereby directed to report to the President of the Borough in which the same is situated the owners or occupants of any store, dwelling or other buildings having vaults under the sidewalks in front thereof, with covering over the opening thereto presenting a smooth surface, and the said Borough President is hereby directed, immediately after receiving such report, to notify such owners or occupants to remove such coverings, and substitute therefor coverings presenting a rough surface, and affording a secure footing for pedestrians. Should any such owner or occupant neglect or refuse to comply with the directions contained in such notification for a period of six months, he shall suffer a penalty of five dollars for every twenty-four hours in excess of said six months that such neglect or refusal shall continue; and it is hereby made the duty of the said Borough President to cause to be reported every violation of the provision of this ordinance to the Corporation Counsel for prosecution. (Id., sec. 339, with verbal changes.) § 192. In all cases where the owners of property shall, in the erection of dwellings, set the same back from the line of the streets or avenues a distance of three feet and up- ward, for the purpose of ornamental court-yards, they shall be permitted to inclose for such purpose, with a neat railing, in addition to the space receded from, so much of the side- walk in front as is allowed by ordinance for stoops, the gates of such inclosure to be so constructed as to open inwardly, under tlie penalty of $100 for each offense. (Id., sec. 340.) § 193. No person or persons shall construct or continue any cellar door which shall extend more than one-twelfth part of any street, or more than five feet into any street, under the penalty of $100 for each offense. (Id., sec. 341.) In 1793 the limit was one-fifteenth of the street, in 1808 this was chang-ed to one-tenth, and in 1821 the present rate of one-twelfth was fixed. § 194. Every entrance or flight of steps projecting beyond the line of the street and descending into any cellar or base- ment story of any house or other building where such en- trance or flight of steps shall not be covered, shall be inclosed with a railing on each side, permanently put up, from three to three and one-half feet high, with a gate to open inwardly, or with two iron chains across the front of the entrance-waj^ one near the top and one in the centre of the railing, to be closed during the night, unless there be a Durning light over the steps, to prevent accidents, under 42 CODE Ol* OEDlKAKCfeS OF ^h£ CITY OP NEW IrOftK. the penalty of twenty dollars for every offense, to be recov- ered from the owner, assigns or lessee thereof, severally and respectively. (Id., sec. 342.) See as to liability of landlord or tenant, Schroeck vs. Reels, 46 App. Div. 502; Brogan vs. Hannan, 66 N. Y. Supp. 1066; Sturm wald vs. Schreiber, 69 App. Div. 476. Article YII, — PuUic Wells, PumpHy Cisterns and Hydrants. § 195. All applications for wells and pumps in any part of The City of New York shall be made to the Borough Presidents. (R. O. 1897, sec. 288, with verbal changes.) § 196. All public wells ' hereafter built by order of the Borough Presidents shall be examined and inspected by the Commissioner of Water Supply, Gas and Electricity, and shall be paid for by the said Borough Presidents in the usual manner, on receiving from the said commissioner a certificate of his approva;l of the work and that the same is built in conformity to law; the said work to be done in accordance with the provisions of law and ordinances as to all work done for the corporation. (Id., sec. 289, with verbal changes.) § 197. No public well shall hereafter be built in any of the avenues of this city. (Id., sec. 290.) § 198. No person shall build any well in any of the ave- nues of this city, under the penalty of fifty dollars, and the President of the Borough in which the same is located shall cause the same in all cases to be filled up. (Id., sec. 291, with verbal changes.) § 199. No person or persons shall take the water from any public well, pump or cistern in The City of New York for the purpose of selling or offering the same for sale, under the penalty of twenty-five dollars for each offense. (Id., sec. 292.) § 200. No person shall take or use the water from any public cistern or hydrant, except in case of fire and for the purpose of extinguishing the same, under the penalty of twenty-five dollars for each offense. (Id., sec. 293.) § 201. No person shall wilfully do, or cause or suffer to be done, any damage to any of the public pumps in The City of New York, under the penalty of twenty-five dollars for each offense. (Id., sec. 294.) § 202. Every person who shall place, or assist in placing, or cause or procure to be placed, any hogshead, barrel, tub or other vessel of greater capacity than ten gallons, in any street of The City of New York, within twenty-five feet of any public well or pump, for the purpose of filling the same with water from any such well or pump, or who shall put, or cause to be put, into any such vessel any water from such well or pump, shall forfeit and pay the sum of ten dollars for each offense. (Id., sec. 295.) § 203. The last preceding section shall not be construed to prevent the immediate filling of any vessel therein men- CODE OF OBDINANCES OF THE CITY OF NEW YOBS. 43 tioned, provided the same shall be forthwith removed. (Id., sec. 296.) § 204. If any person, except one of the engineers or fore- men of the fire companies, shall unscrew any of the hydrants belonging- or attached to the corporation water-works erected for the exting-uishment of fires, or interfere with the same, or any part of the works belonging to the said establishment, whereby the said establishment, or any or either of the pipes, hydrants, stop cocks, or any part of the works may be injured, or the water taken therefrom or wasted, they shall be liable to a penalty of fifty dollars for each and every such offense. (Id., sec. 297.) § 205. No person shall wash, or cause or procure or per- mit to be washed, any horse or carriage within twenty-five feet of any pump in any street in The City of New York, imder the penalty of ten dollars for every such offense. (Id., sec. 298.) § 206. No person shall water, or suffer or permit any horse to drink or be watered at or within ten feet of any pump or well in any street of The City of New York, \inder the penalty of five dollars for each offense, to be paid by the owner or person watering or permitting such horse to water severally and respectively. (Id., sec. 299.) § 207. All persons are forbidden to open any street pave- ment and bore any water pipe for the purpose of conducting the water into any dwelling or other edifice, or any other use, under the penalty of fifty dollars for each offense, un- less vdth the vsrritten permission of the Commissioner of Water Supply, Gas and Electricity. (Id., sec. 300, with verbal changes.) Article VIII.^ Public Baths. § 208. The President of the Borough in which the same are situated is authorized to perfect and promulgate all suitable rules and regulations governing the use of the free floating baths of the city, and breaches of said rules and regulations shall be punishable by a fine not exceeding five dollars for one offense or by imprisonment not exceed- ing one day. (Id., sec. 219, with verbal changes.) Article IX. — Tlie Erection of Barriers to Prevent Accidents. § 209. It shall be the duty of every person or persons engaged in digging down any road or street, in paving any street, building any sewer or drain, trench for water-pipes, or digging and building a well in any of the public roads, streets or avenues, under contract with the corporation of this city, made through either or any of the departments of the said corporation, or by virtue of any permission which may have been granted to them by the Mayor and Board of Aldermen, or either of the said departments or either of them, where such work, if left exposed, would be dangerous to passengers, to erect a fence or railing at such excavationy 44 CODE OF OEDINANCES OF THE CITY OF NEW YORK. or work in such a manner as to prevent danger to passen- g-ers who may be traveling such streets, roads or avenues, and to continue and uphold the said railing or fence until the work shall be completed or the obstruction or danger removed. And it shall also be the duty of such persons to place upon such railing or fence at twilight in the evening suitable and sufficient lights, and keep them burning through the night during the performance of said work, under the penalty of $100 for every neglect. (K. O. 1897, sec. 220, vdth verbal changes.) § 210. The provisions of the preceding section shall apply to every person engaged in building any vault or construct- ing any lateral drain from any cellar to any public sewer, or who shall do or perform any work causing obstructions in the public streets by virtue of any permit from any execu- tive department, and also to all public or corporation officers engaged in performing any work in behalf of the corpora- tion whereby obstructions or excavations shall be made in the public streets. (Id., sec. 221.) § 211. The extent to which such railing or fence shall be built in the several cases is hereby defined as follows, to wit: 1. In digging down any street or road by placing the same along the upper bank of such excavation, or by ex- tending the fence so far across the street or road as to prevent persons from traveling on such portion as would be dangerous. 2. In paving any street or avenue by extending it across the carriageway of such street or avenue, or if but a por- tion of the width of such carriageway be obstructed, across such portion, in which case the obstruction shall be so arranged as to leave a passageway through, as nearly as may be, of uniform width. 3. In building a sewer by placing it across the carriage- way at the ends of such excavation as shall be made. 4. In the building of a well by inclosing the same and the obstructions connected therewith on one or more sides. 5. In building vaults by inclosing the ground taken from the vaults. 6. In placing building materials in the streets, the said material shall be so placed as to occupy not more than one- third of the width of the carriageway of the street or ave- nue. In streets or avenues where railroads occur, said materials shall not be placed nearer to the track than two feet. In all cases sufficient lights shall be placed upon such building materials, and kept burning through the night as provided in the preceding sections. It shall be lawful for persons who desii:e to erect large buildings to erect and maintain a bridge, not to exceed seven feet in height above the sidewalk and six feet in width, extending the whole length of the proposed building; the steps leading to the same to rest upon the sidewalk of the adjoining premises, (Id., sec. 222.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 45 § 212. In all cases where any person or persons shall per- form any of the work mentioned in the preceding sections, either under contracts with the corporation or by virtue of permission obtained from the Mayor and Board of Aldermen, or either of departments, such persons shall be answerable for any and every damag-e which may be occasioned to per- sons, animals or property by reason of carelessness in any manner connected with the said work. (Id., sec. 223, with verbal changes.) § 213. It shall be the duty of the Borough President hav- ing charge of the particular class of improvements to see that the requirements contained in this article in regard to the erection of fencing and placing lights, in all cases be complied with severally, under the penalty of fifty dollars for each and every neglect. (Id., sec. 224, with verbal changes.) § 214. It shall be the duty of the said Borough President, when any of the work referred to in any of the preceding sections shall be performed, whether for digging down streets or roads, paving streets, building sewers and build- ing wells, or digging trenches for water-pipes, by persons under contract with the corporation, or for building vaults or placing building materials in streets, or constructing drains, or any other work for forming an obstruction to the said street, by virtue of permission duly obtained, to see that the requirements of this chapter, in regard to erecting the necessary fences and placing the necessary lights, be complied with, and to make the necessary complaint to the Corporation Counsel for any omission on the part of the person referred to, under the penalty of fifty dollars for every neglect. (Id., sec. 225, with verbal changes.) § 215. In all contracts for paving streets, constructing sewers, and building wells and pumps, or for doing any other work whereby accidents or injuries may happen in consequence of any neglect or carelessness during the per- formance thereof, it shall be the duty of the departments by whom such contracts are made to insert a covenant requiring the contractor or contractors to place proper guards for the prevention of accidents, and to put up and keep suitable and sufficient lights burning at night during the performance of the work; and that they will keep the corporation harmless and indemnified against all loss and damage which may be occasioned by reason of any unskill- fulness or carelessness in any manner connected ^th the execution and completion of the work. (Id., sec. 226.) § 216. In all contracts for digging down any road or street, where such digging, if left exposed, would be danger- ous to passengers, the heads of the proper department shall insert a covenant whereby the contractors shall be bound, at their own expense, to erect a fence or railing along or across the street, in such a manner as to prevent danger to 46 CODE OF OBDINANCES OF THE CITY OF NEW YOEK. passengers, and so to continue and uphold the said fence or railing" until the street is completed. (Id., sec. 227.) § 217. A like fence or railing shall be put up and upheld in all cases in which a road or street is dug out at the cost of the corporation. (Id., sec. 228.) § 218. In all contracts for the work for the corporation upon any public building, or in any public street or place, in the performance of which accidents or injuries may hap- pen to the person or property of another, a provision shall be inserted that the contractor shall place proper guards for the prevention of accidents, and shall put up and keep at nights suitable and sufficient lights during the perform- ance of the work; and that he will indemnify the corpora- tion for damages or costs to which they may be put by rea- son of injury to person or property of another resulting from negligence or carelessness in the performance of the work. (Id., sec. 355.) Article X. — The Bureau of Incumbrances, I. Incumbering the Streets. S 219. No person shall incumber or obstruct any street, roadway or sidewalk which has been opened, regulated or graded, according to law, in The City of New York, with any article or thing whatsoever, except as provided in sec- tion 262 of these ordinances, without first having obtained written permission from the President of the Borough in which such street, roadway or sidewalk is situated, under the penalty of five dollars for each offense, and a further penalty of five dollars for each day or part of a day such obstruction or. incumbrance shall continue. (R. O. 1897, sec. 179, with verbal changes.) This is substantially the same as sec. 33 of Ch. 6, R. O. 1880; sec. 1, Ch. 24, City Ordinances. 1859; sec. 5, tit. 11, ch. 22, Revised Ordi- nances, 1839; and par. 26, Ch. 13, R. O. 1811. In the first publication of the ordinances in 1793, after the Revolution, it was provided, paragraph 6, p. 14, that no person should " lumber " any foot path or " incommode foot passengers " under a penalty of five shillings, and also by paragraph 12, p. 16: " That no Person or Persons shall incumber or obstruct any street, wharf, or pier with any Carriages, Timber, Boards, Planks, Staves, Heading, Pitch, Tar, Turpentine, Grindstones, Anchors, Bricks, or any other kind of Lumber, or other Thing, without having first obtained Leave or Permission so to do from the Mayor or Recorder, or the Alderman of the Ward; and that Leave and Permission is hereby limited and confined to Persons only that are or shall be building or repairing Houses or other Buildings, under the Penalty of Forty Shillings for each Offence," and if the owners fail to remove the same it may be carted to the Alms-house Yard and sold, unless redeemed for two pence a day for every load carted. It is important to note that in this and many of the following sections affecting street obstruc- tions the law has practically been unchanged for over a century. The decisions on the general subject of incumbrances are very numerous. It was a well-established principle at common law, which has been repeatedly affirmed in this State, that any obstruc- tion, encroachment or incumbrance on a public highway without lawful authority was a public nuisance as to the public and a private nuisance as to any individual injured. See statement of CODE 01* ORDINANCES OF THE ClTY OF NEW YOiElE:. 47 law in leading cases of Cohen vs. Mayor, etc., of N. T., 113 N. Y. 532, where the city was held liable for damages resulting from a wagon it allowed to remain on the sidewalk, and Callanan vs. Oilman, 107 N. Y. 361, where adjoining owner recovered damages and enjoined defendant from using skids on the sidewalk so con- tinuously as practically to amount to an appropriation of it for his own purposes. Also see Davis vs. Mayor, etc., 14 N. Y. 506; Hume vs. Mayor, etc., 74 N. Y. 264. Where ministerial officers fail to do their duty and remove nui- sances, mandamus lies to compel them. People ex rel. p'Reilly vs. Mayor, etc., of N. Y., 59 How. Pr. 277. And an injunction to restrain him will not be granted. Ely vs. Campbell, 69 How. Pr. 333. Mandamus lies to compel removal of showcases obstructing 'the sidewalk. People ex rel. Bentley vs. Mayor, 18 Abb. N. C. 123; also see People ex rel. Mullen v. Newton, 20 Abb. N. C. 387. Where city fails to remove a nuisance, a private owner may do so, joining the city as a co-defendant. Overton vs. Village of Orlean, 37 Hun, 47. The city may enjoin the continuance of the nuisance. City or N. Y. vs. Thorley & Regan (Pabst Hotel), McAdam, J., N. Y. Law Journal, Nov. 19, 1901; affd. 73 App. Div. 626. Wagons on the side- walk, if a nuisance, are illegal. Flynn vs. Taylor, 127 N. Y. 596. There can be no appropriation of the public sidewalk to private uses. Met. Ex. Co. v. Newton, 21 St. Rep. 73. As to permanent encroachments, see Ackerman vs. True, 175 N. Y. 353, where • the extension of a house on Riverside Drive beyond the building line under a permit from the Park Department, was held to be a nuisance and illegal. See, also: City of N. Y. vs. Knickerbocker Trust Co., 104 App. Div. 223; Williams vs. Silverman R. Co., m App. Div. 679; McMillan vs. Klaw & Erlanger, 107 App. Div. 407, and City of N. Y. vs. Knickerbocker Trust Co., O'Gtorman, J., N. Y. La,w Journal, June 1, 1906. The general questions are usually raised in equity suits. See cases, supra; also Hallock vs. Schreyer; 33 Hun, 111; Hearn vs. Mayor, Daily Reg., May 26, 1885; People vs. Met. Tel. Co., 11 Abb. N. C. 304; Knox v. Mayor, 56 Barb. 404; Emmons vs. Campbell, 22 Hun, 582. The legislature may delegate to the Rapid Transit Commissioners of New York city power to authorize structures in streets which, without such authority, would be obstructions under the common law. Turl vs. N. Y. Construct. Co., 46 Misc. Rep. 164. While mandamus has been granted (see cases, supra), it has fre- quently been denied. Mandamus will not lie where there is a remedy at law and in equity and the right is not clear. People ex rel. Lynch vs. Man- hattan R. Co., 20 Abb. N. C. 393. Where a stand was erected within the stoop line, and with the consent of the owner of the premises and under the ordinance passed under ch. 418, L. 1887, application for mandamus to compel its removal denied, although it was stated that if it was used for purposes not permitted by law the owner might be entitled to an injunction. People ex rel. Meeks vs. The Mayor, Lawrence, J., Daily Register, May 29, 1888. Application denied where there was an obstruction on the sidewalk between the house and street line which did not interfere with the public. People ex rel. John vs. Mayor, Beach, J., Daily Register, June 2, 1887. Where an awning has been erected with the apparent power of the municipality to authorize it. Judge Brown, in U. S. Circuit Court, refused to pass on matter in motion for a preliminary Injunction. Whitman vs. Hubbell, 20 Abb. N. C. 385. § 220. No post shall be erected or put up in any of the streets, roads, lanes or highways in The City of New York, unless under the direction of the President of the Borough in which such post is to be erected, under the penalty of five dollars for every such post. (Id., sec. 187, with verbal changes.) 4S CODfi OF OHDINANCES OF THE CITY OF NEW YOBK. § 221. The President of any Borough, whenever directed by the Board of Aldermen, shall order any step-stones nsed for entering- carriag-es, any railing or fence, any sign, sign- post, or other post, any area, bay window or other window, porch, cellar door, platform, stoop or step, or any other thing which may incumber or obstruct any street, to be altered or removed therefrom, within such time as may be limited by the Board of Aldermen. (Id., sec. 193, with ver- bal changes.) § 222. The order of direction mentioned in the last pre- ceding section shall be in writing, and shall be served per- sonally or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot in front of which step-stone or other incum- brance or obstruction may be, or by posting the said notice or order upon such step-stone or other incumbrance or obstruction. (Id., sec. 194.) § 223. If any owner, occupant or person having charge of any such house or lot in The City of New York shall refuse or neglect to obey or comply with such notice or order, he, she or they shall forfeit and pay the sum of ten dollars, and the further sum of five dollars for each and every day, from and after the time limited and appointed in said order, until the same shall have been complied with. (Id., sec. 195.) II. Bay and Show Windows. § 224. The Borough Presidents and the Park Commissioii- ers having jurisdiction, shall issue permits for the erection of bay windows projecting beyond the building line, pro- vided, in the opinion of the officer having jurisdiction, no injury will come to the public thereby. Permits for the erection of bay windows lying within any park, square or public place, or within a distance of 350 feet from the outer boundaries thereof, shall be issued by the Park Commis- sioner having jurisdiction, as provided in section 612 of the Charter, as amended by section 1, chapter 723 of the Laws of 1901. Permits for the erection of all other bay windows shall be issued by the Borough President having jurisdiction. For the purposes of this ordinance a " bay window " shall be taken to mean and include all projections on the face of a building in the nature of windows, such as are commonly called bay windows, show windows, oriel windows and bow windows, without regard to the material of which they are constructed or to the purposes for which they are to be used. (This and the following sections, to 234 inclusive, comprise the " Bay- Window Ordinance," approved January 30, 1903.) The recent case of Williams vs. Silverman Construction Co., Ill App. Div. 679, expressly holds that permits granted under this ordinance are invalid, as the Board of Aldermen has no power to allow permanent encroachments on the public hig-hways. But see. contra, Broadbelt vs. Loew, 15 App. Div. 343. affd. 162 N. Y. 642. Section 86 of thQ Consolidation Act there construed has been prag- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 49 tically incorporated in section 49 of the Charter. The Park Commis- sioners have power to grant permits for bay windows which project beyond the building line but within the stoop line. Worm- ser vs. Brown, 149 N. Y. 163. This case, however, has been dis- tinguished in the recent one of Ackerman vs. True, 175 N. Y. 353, Which declares permits and ordinances allowing permanent encroachments on the public streets to be invalid. Bay windows have always been allowed in the city, but before this ordinance they were limited to one foot. (See Laws and Ordinances 1793, p. 17, par. 13, and subsequent compilations.) § 225. Before the erection of any bay window projecting beyond the building- line shall have been commenced, the owner or his duly authorized ag-ent shall make application in writing to the officer having jurisdiction, on suitable blanks furnished by him, and shall state the length and width of the proposed bay window, the number of stories through which it is intended to be carried, and the number of square feet of area covered by that portion of the bay window projecting beyond the building line. Drawings showing the size of and area covered by the bay window, the number of stories through which it is proposed to be carried and its location in reference to the lot and building lines shall be submitted with each application, and for the purpose of computing the area covered by a bay window projecting beyond the building line the outside face of the bay, exclusive of cornices, pilasters, trims, etc., shall be the line taken as a basis of computation. Each application for the erection of a bay window pro- jecting more than one foot beyond the building line shall have indorsed thereon the consent of all the adjoining property owners within a distance of fifty feet from the centre of the bay window, on the same side of the street; meaning, thereby, so much of the side of a street as is unin- tersected by any other street on which it is proposed to be erected. Each application shall be accompanied by the amount of the compensation due the city for the privilege of erecting said bay window, as hereinafter provided. (Id., sec. 2.) § 226. Each application for the erection of a bay window projecting more than one foot beyond the building line shall be accompanied by a certified copy of the last assessed valuation of the property on which said bay window is to be erected, which appears upon the books of the Department of Taxes and Assessments. Except as hereinafter provided, the amount that shall be paid as a compensation to the city for the privilege of erecting each bay wdndow shall be at the rate of ten per cent, of the assessed value per square foot of the property on which the said bay window is to be erected, for each and every square foot, or fraction thereof, of area covered by said bay window beyond the building line for each and every story through which it is carried. If the projection of a bay window does not exceed one foot beyond the building line, and it is not carried higher than the sill of the second-story windows, the rate through- 50 CODE OF ORDINANCES OF THE CITY OF NEW YORK. out The City of New York shall be ten cents for each square foot or fraction thereof of horizontal area covered by said bay windows beyond the building line. (Id., sec. 3.) § 227. Bay windows may be hereafter erected with a projection of not more than three feet beyond the building line, provided that when the projection exceeds one foot beyond the building line the total number of feet in width occupied by all the bay windows on the same frontage of the same building shall not exceed seventy-five per cent, of the width of the frontage of the building on whi<;h they are located. When the total number of feet to width occupied by all the bay windows on the same frontage of the same building exceeds seventy-five per cent, of the width of the frontage of the building on which they are located, the projection shall not exceed one foot beyond the building line, nor shall the bay window be carried higher than the sill course of the second-story window. (Id., sec. 4.) § 228. Permits for the erection of bay windows shall be issued in duplicate, one of which shall be retained by the applicant and kept at the building during the erection of the window, and the other shall be filed by him, with the plans for the construction of the window, in the Department of Buildings. If it shall appear, upon completion, that the bay window occupies a greater number of square feet, or has been carried through a greater number of stories than shall have been paid for, the applicant shall pay twice the sum previously paid for each square foot of area occupied by said bay window over and above the number of square feet paid for originally. (Id., sec. 5.) § 229. Permits granted pursuant to the provisions of this ordinance are revocable permits, and shall have the follow- ing clause printed thereon, viz.: " This permit is issued sub- ject to revocation thereof at any time hereafter by the Board of Aldermen of The City of New York, upon the recommen- dation of the ofiicer having jurisdiction, when the space occupied by said bay, or any portion thereof, may be required for any public improvement, or, upon any viola- tion of any of the terms or conditions upon which this permit is issued." A permit for the erection of a bay win- dow shall be deemed to have expired when the bay window is taken down, and the space formerly occupied thereby shall no longer be used for the purpose for which the permit was issued, unless a permit for its reconstruction shall have been granted, as provided in section 7 of this ordinance. In case it is thereafter desired to erect a bay window on the said property, the applicant shall comply with all the provisions of this ordinance. (Id., sec. 6.) § 230. Permits for the reconstruction of now existing bay windows as defined by this ordinance, and for the reconstruc- tion of all bay windows which shall be hereafter erected under the provisions of this ordinance, shall be issued by the officer having jurisdiction, without the applicant's CODE OP ORDINANCES OF THE CITY OF NEW YORK. 51 obtaining the consent of adjoining" property owners, as provided in section 2 of this ordinance; provided, that the bay vrindow, when reconstructed, shall have no greater pro- jection or wddth, nor be carried through a greater number of stories, nor cover a greater area, than the window as originally constructed. And, further, provided that no fee shall be charged for the reconstruction of bay windows which have been erected under the provisions of this ordi- nance, or for which a fee has been paid for the privilege of erecting the same under the provisions of the laws in force at the time of the erection of the said bay window. The restrictions specified under section 4 of this ordinance shall not apply to the reconstruction of now existing bay win- dows; but permits issued for the reconstruction of now existing bay windows, for which no fee has heretofore been paid, shall be paid for as provided in section 3 of this ordi- nance. (Id., sec. 7.) § 231. Nothing herein contained shall be deemed to con- flict with the provisions of the Building Code, and all bay windows for which permits are issued, under the provisions of this ordinance, shall be erected in accordance with all the provisions of said Code in regard to the kind and quality of materials used. No plans for the construction of a bay vdn- dow as defined in this ordinance shall be approved by the Superintendent of Buildings until the permit is filed, as pro- vided by section 5 of this ordinance. (Id., sec. 8.) § 232. A permit for the continuance of any now existing bay window which projects beyond the building line may be issued by the officer who, according to section 1 of this ordinance, has jurisdiction over the erection of bay windows at the same place. Application for such permit must be in writing, and must be accompanied by a certified copy of the last assessed valuation of the property on which such bay window stands, which appears upon the books of the Department of Taxes and Assessments, and must also be accompanied by a survey showing the dimensions of such bay window and the number of stories through which it is carried. The application shall be accompanied by the amount of the compensation due the city for the privilege of continuing the bay window, calculated in the same man- ner and at the same rate as are provided in sections 2 and 3 of this ordinance. Permits shall be issued under this section without consent of adjoining property owners. Permits issued under this section shall be subject to all of the pro- visions of section 6 of this ordinance, in like manner as are permits for the erection of bay windows. Permits issued under this section shall be issued in duplicate, and one of such duplicates shall be filed in the Department of Buildings. All fees received ^nder this section shall be accounted for and paid over as provided in section 9 of this ordinance. Nothing herein contained shall be construed to revoke any 52 CODE OF ORDINANCES OF THE CITY OF NEW YORK. permit or authority heretofore lawfiilly issued or given. (Ord. app. June 25, 1903.) § 233. All fees received by the Borough Presidents or the Park Commissioners for the issuing of permits for the erec- tion of bay windows shall be accounted for in proper books kept for that purpose, and shall be turned over by them to the City Chamberlain and credited to the General Fund. (Ord. app. Jan. 30, 1903, sec. 9.) § 234. Any person, firm or corporation violating any of the provisions of this ordinance shall be liable to a fine of ten dollars ($10) for each offense, and one dollar ($1) for each and every day that such offense shall continue, which shall be duly sued for and collected. (Id., sec. 10.) III. Ornamental Projections, § 235. The Borough Presidents and the Park Commis- sioners having jurisdiction shall, subject to the restrictions of this ordinance, issue permits for the construction of oma- m.ental projections which project beyond the building line, provided, in the opinion of the officer having jurisdiction, no injury will come to the public thereby. Permits for the con- struction of such projections, lying within any park, square or public place, or within a distance of 350 feet from the outer boundaries thereof, shall be issued by the Park Com- missioner having jurisdiction, as provided in section 612 of the charter as amended by section 1, chapter 723 of the Laws of 1901. Permits for the erection of all other ornamental projections shall be issued by the Borough Presidents having jurisdiction. For the purposes of this ordinance, " an ornamental pro- jection " shall be taken to mean and include all decorative projections on the face of a building bej^nd the building line, in the nature of porches, arches, porticos, pedestals, free-standing statuary, columns and pillars, which are erected purely for the enhancement of the beauty of the building from an artistic standpoint. (Ord. app. April 20, 1903.) In the recent case of McMillan vs. Klaw & Erlanger, 107 App. Div. 4Q7, this ordinance was held to be unconstitutional. In that case the ordinance was set up as a defense to an action brought by the owner of the property adjoining the New Amsterdam Theatre to compel the removal of certain ornamental pillars erected in front of the theatre on Forty-second street and pro- jecting several feet on the sidewalk. See the opinion and review of cases. § 236. Before the erection of any such ornamental pro- jection shall be commenced the owner of the building or his duly authorized agent shall make application in writing to the said Borough President or Park Commissioner having jurisdiction, on suitable blanks furnished by him, for the permit herein provided for, and shall file a plan and drawings showing the nature of the proposed ornament, vsdth the dimensions thereof, the number of stories through which CODE OF ORDINANCES OF THE CITY OF NEW YORK. 53 it is intended to be carried, and the number of square feet of area covered by that portion of the ornamentation pro- jecting" beyond the building line. Each application shall be accompanied by the amount of compensation due the city for the privilege of erectiug said ornanuentation, as hereinafter provided. (Id., sec. 2.) § 237. Each application for the erection of an ornamental projection which projects more than one foot beyond the building line, shall be accompanied by a certified copy of the last assessed valuation of the property on which said ornamjBntal projection is to be erected, which appears upon the books of the Department of Taxes and Assessments. Except as hereinafter provided, the amount that shall be paid as a compensation to the city for the privilege of erect- ing each ornamental projection, shall be, for each and every square foot or fraction thereof of area extending more than oub foot beyond the building line, at the rate of ten per cent, per square foot of the assessed value of the property on which the said ornamental projection is to be erected. (Id., sec. 3.) § 238. Ornamental projections which shall extend not more than two feet beyond the building line may hereafter be erected on buildings in the Borough of Manhattan, situ- ated on Broadway to the south of Fifty-ninth street; on Fourteenth street, between Broadway and Sixth avenue; on Twenty-third street, between Third and Sixth avenues; on Thirty-fourth street, between Third and Ninth avenues; on Fifty-ninth street, between Third and Ninth avenues, and on Fifth avenue, between Fourteenth street and Fifty-ninth street, and on all other streets in The City of New York ornamental projections may be erected, provided they shall extend not more than one-fifteenth part of the width of the street they are upon, nor in any case more than five feet beyond the building line. (Id., sec. 4.) § 239. The permits mentioned herein shall be issued in duplicate, one of which will be retained by the applicant and kept at the building during the erection of the projection, and the other shall be filed by him veith the plans for the building in the Bureau of Buildings. If it shall appear upon completion that the ornamental projection occupies a greater number of square feet than shall have been paid for, the applicant shall pay twice the sum previously paid for each square foot of area occupied by said projection over and above the number of square feet paid for originally, but in no case shall said ornamental projection exceed the limit allowed by law. (Id., sec. 5.) § 240. Permits granted pursuant to the provisions of this ordinance are revocable permits, and shall have the following clause printed thereon, viz., " This permit is issued subject to revocation thereof, at any time hereafter by the Board of Aldermen of The City of New York, upon the recom- mendation of the officer having jurisdiction, when the space 54 CODE OF ORDINANCES OF THE CITY OF NEW YORK. occupied by said ornamental projection or any portion thereof may be required for any public improvement, or upon any violation of any of the terms or conditions upon which this permit is issued." A permit for the erection of an ornamental projection shall be deemed to have expired when such projection is taken down, and the space formerly occupied thereby shall no longer be used for thje purpose for which the permit was issued, unless a permit for its reconstruction shall have been granted, as provided in section 8 of this ordinance. In case it is thereafter desired to erect an ornamental projection on the said propertjs the applicant shall comply with all of the provisions of this ordinance. (Id., sec. 6.) § 241. Permits as hereinbefore described, and subject to the conditions therein attached, may be issued to the owners of all buildings having ornamental projections, which build- ings have been erected or are being erected, and have orna- mental projections thereon beyond the building line, without any authorization therefor. (Id., sec. 7.) § 242. No fees shall be charged for granting a permit to reconstruct an ornamental projection within the limitations imposed by an original permit therefor. (Id., sec. 8.) § 243. Nothing herein contained shall be deemed to con- flict with the provisions of the Building Code. No plans for the construction of a builoing having ornamental projections thereon, beyond the building line, as defined in this ordi- nance, shall be approved by the Superintendent of Build- ings until the permit therefor is filed, as provided by section 5 of this ordinance. (Id., sec. 9.) § 244. All fees received by the Borough Presidents or Park Commissioners for the issuing of permits provided by this ordinance shall be accounted for in proper books kept for that purpose and shall be turned over by them to the City Chamberlain and credited to the general fund. (Id., sec. 10.) § 245. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misde- meanor and shall in addition thereto be liable to a penalty of ten dollars for each offence and ten dollars for each and every day that such offense shall continue. (Id., sec. 11.) IV, Porches, Platforms and Stoops. § 246. No person or persons shall hereafter construct any porch over a cellar door, under the penalty of $100. (R. O. 1897, sec. 181.) § 247. No person or persons shall construct or continue any platform, stoop or step in any street in The City of New York which shall extend more than one-tenth part of the width of the street, nor more than seven feet, nor with any other than open backs or sides or railings, nor of greater width than is necessary for the purpose of a con- venient passageway into the house or building, nor any CODE OP OllDINANCES OP THE CITY OP NEW YORK. 55 stoop or step which shall exceed five feet in height, under the penalty of $100. (Id., sec. 182.) This has remained practically the same since 1821. The Laws and Ordinances of 1793 provided (p. 12) that no platforms, stoop, steps, etc., should extend more than one-tenth part of the width of the street, and should have open backs and railings. By 1817 there was added the limitation, " nor more than seven feet * * * and for the mere purpose of a passageway into the houses or buildings." See Ordinance 1817, par. XII of Ch. 13. In the Ordinances of 1821 we find the height limited to five feet. R. O. 1821. See notes under sections 180-181 as to areas. § 248. Nothing- contained in the preceding" sections of this article shall be deemed to prohibit the continuance of any porches, doors, stoops, platforms or steps, which were here- tofore erected, unless the same shall be complained of to the Board of Aldermen, who may direct their removal or alteration within a reasonable time. (Id., sec. 183.) This section, with verbal changes, such as the substitution of Board of Aldermen for the Street Commissioner, has been con- tained in every revision of the ordinances .since 1839. " Porches " and " Doors " are named as the earlier ordinances included them In the preceding sections herein referred to. 7. Balustrades and Avmings. § 249. All persons who wish hereafter to erect balus- trades beyond the street line shall first obtain permission from the Board of Aldermen. (R. O. 1897, sec. 184, with verbal changes.) § 250. No balustrade shall hereafter be erected, except- ing from the second story of any house; nor shall it project more than one-twentieth of the width of the street wherein it may be erected, nor more than three feet in any case whatever. (Id., sec. 185.) § 251. None but iron braces and railings shall be used for balustrades; the strength and firmness shall be tested by the Superintendent of Buildings; and in case he objects to the strength of the same, it shall be made as he shall direct or be removed, under the penalty of five dollars per day. (Id., sec. 186.) § 252. Awnings of tin or other light metal or canvas may be erected across the sidewalk of any of the streets of the Borough of Manhattan except Broadway, Fifth avenue, Madi- son avenue and the Bowery and those parts of Lexington avenue which are distant 200 feet from any intersecting cross street upon which a surface car is operated, provided any and every awning shall not be higher than the floor of the second story of the building, the first floor being the ground floor, but in no case to be covered with wood; and every such awning that may be built on Lexington avenue shall be constructed of steel with glass roof, and every awning or water shed of any kind covering one-half or more than one-half, or less than the full width of the sidewalk shall have connected therewith a gutter and leader of material and size sufficient for conducting the water from 50 CODE OF ORDINANCES OF THE CITY OF NEW YORK. the same to the outer line of the curbstone; a penalty of five dollars for each day such awning or water shed shall remain without such appurtenances to be imposed. (Id., sec. 189, with verbal changes.) Awnings in the city streets have been the subject of several adjudications. By section 50 of the Greater New York Charter (L. 1901, chap. 466) the Board of AJdermen is given power to •' regulate the use of the streets for » • ♦ awnings, awning- posts," etc. While the Charter says there shall be no " permanent obstructions " in the streets, this has been held not to apply to awnings where authorized expressly, and the public authorities will be restrained from tearing down an awning built in con- formity with the ordinances. Hoey vs. Gilroy, 129 N. Y, 132. Even though an awning may have stood longer than twenty years, if not erected in accordance with the law, the municipal authorities may remove it. Simis vs. Brookfield, 13 Misc. 569. For such an one Is a nuisance which the public authorities have no power to permit. Farrell vs. New York, 20 St. Rep. 12; afCd. 22 St. Rep. 469, The public sidewalks are held in trust for the use of the public and awnings for private parties cannot be permitted thereon where they unreasonably create a nuisance (1873). Trenor vs. Jackson, 16 Abb. Pr. N. S. 115. An awning, although erected under a permit from the municipal authorities, must not interfere with the adjacent owner in his reasonable enjoyment of his prop- erty. Lavery vs. Hanigan, 52 Super. Ct. (20 J. & S.) 463. § 253. All awnings erected hereunder, or under and pur- suant to this section, shall be erected only with the consent and subject to the supervision of the President of the Borough wherein such awnings are to be erected. (Ord. app. Nov. 10, 1905.) § 254. Any person, firm or corporation erecting any awning hereunder shall be liable for all loss or damage that may happen or come by reason of the erection and maintenance of such awning. (Id., sec. 2.) § 255. Nothing herein contained shall be construed to prevent the revocation by the Board of Aldermen of the license to erect any awning hereunder. (Id., sec. 3.) § 256. Iron posts for awnings erected in any street in this city shall be well and securely braced from the build- ing with wrought-iron rails or rods at least one inch in diameter, in the proportion of one brace for every post. (R. O. 1897, sec. 188.) § 257. All posts fixed in any street for the purpose of supporting any awning shall be of iron not exceeding six inches in diameter, and the rail crossing the same shall also be of iron; the said posts shall be placed next to and along the inside of the curbstone, and the cross rail, which is intended to support the awning, shall not be less than eight nor more than ten feet in height above the sidewalk, and the said cross-rail shall be strongly secured to the upright posts. No portion or part of any canvas or cloth, or tin, or other light metal used as an awning, shall hang loosely or project upward or downward from the same over any sidewalk or footpath, under a penalty of ten dollars for each day's offense. (Id., sec. 190.) § 258. It shall be the duty of the President of the Borough in which the same is erected to order and direct CODE OF ORDINANCES OF THE CITY OF NEW TORK. 57 any awning post, bracket or awning which may be erected in any street in The City of New York, contrary to the pro- visions of this ordinance, to be forthwith removed; and any person who shall neglect or refuse to comply with such direction and order shall forfeit and pay for every such offense the sum of ten dollars. (Id., sec. 191.) § 259. Any awoiing, water-shed or curtain attached thereto, heretofore erected or constructed according to the provisions of any ordinance or resolution in force at the time shall not be affected by the provisions of the fore- going ordinances. (Id., sec. 192.) yj. Signs and Showhills. § 260. Signs, showbills and showboards may be placed on the fronts of buildings, with the consent of the owner thereof, and shall be securely fastened, and shall not pro- ject more than one foot from the house wall, except that signs may be hung or attached at right angles to any build- ing and extend not to exceed three feet therefrom in the space between the second floor (the ground floor being con- sidered the flrst floor) and a point eight feet in the clear above the level of the sidewalk in front of such building. Signs may be attached to the sides of stoops, but not to extend above the railing or beyond the stoop-line of any stoop. No sign, showbill or showboard shall be placed, hung or maintained except as in this section prescribed, under penalty of ten dollars for each offense, and a further penalty of ten dollars for each day or part of a day the same shall continue. (Id., sec. 198.) Sig-ns have always been allowed at a distance of one foot. See Laws and Ordinances 1793, p. 18. YII. Exposing Goods for Sale. § 261. No goods, wares, mechandise, or manufacture of any description, shall be placed or exposed to show or for sale upon any balustrade that now is or hereafter may be erected in this city, under the penalty of ten dollars for each offense. (Id., sec. 196.) § 262. No person shall hang or place any goods, wares or merchandise, or suffer, maintain or permit the same to be hung or placed at any greater distance than three, feet in front of his or her house, store or other building, and not to a greater height than Ave feet above the level of the side- walk, except goods, wares or merchandise in process of loading, unloading, shipment or being received from ship- ment; but at all times there shall be maintained a free passageway for pedestrians in the centre of the sidewalk. The penalty for a violation of this ordinance shall be five dollars for each day's offense. (Id., sec. 197.) For a century no goods, wares or merchandise could be hung in the street more than one foot beyond the house line. (Law an4 58 CODE OF OEDINANCES OF THE CITY OF NEW YOBK. Ordinance 1793, p. 17, and subsequent revisions.) But this was gradually enlarged by ord. of April 8, 1884; Sept. 9, 1889; March 29. 1894, and Dec. 7, 1896. While goods may be placed on the sidewalk in process of shipment, this must be temporary only and not amount to a virtual appropriation of the sidewalk to a private owner's use. Callanan vs. Gilman, 107 N. Y. 360. Permits cannot be given to display goods and merchandise on the sidewalk. Peo- ple vs. Willis, 9 App. Div. 214. Tin. Show-cases, Barber-poles, Illuminated Signs, Ornamental Lamps, Drop-awnings, Storm^doors, Stairways and Hoistways. § 263. Show-cases may be placed in areas or on the side- walk within the stoop-lin£, in front of any building-, by or with the consent of the occupant of the ground floor thereof, but not beyond five feet from the house line or wall of any building where the stoop-line extends, further and provided, also, that no such show-case shall be more than five feet in height, three feet in length, and two feet in width, nor shall be so placed as to interfere with the free access to the adjoining premises, and all such show- cases shall be freely movable. Goods when exhibited shall not be placed more than three feet from the building linje, and not to a greater height than five feet above the level of the sidewalk. Barber-poles not exceeding five feet in height, and other emblematic signs may be placed within the stoop-lines, or fastened to the railing of any stoop, under the same condi- tions as to dimensions, consent, etc., as hereinabove provided for show-cases. Ornamental lamps and illuminated signs may be placed on the stoop of any building by the owner of such building, and upon or wdthin the stoop-line by the occupant of the ground floor of any premises. Drop-avmings, vvdthout vertical supports, are permitted within the stoop-lines, but in no case to extend beyond six feet from the house-line, and to be at least six feet in the clear above the sidewalk. Storm-doors not exceeding ten feet in height, nor more than two feet wdder than the doorway or entrance of any building, may be temporarily erected within the stoop-lines, but in no case to extend more than six feet outside the house-line. No structure under the name of " storm-door " shall be lawful which shall practically be an extension of the building front or house front within the stoop-line, or an enlargement of the ground floor of any premises. Stairways may be constructed, but not at a greater dis- tance than four feet from the house-wall of any building. Hoistways may be placed wdthin the stoop-lines, but in no case to extend beyond five feet from the house-line, and shall be guarded by iron railings or rods to prevent acci- dents to passers-by. (R. O. 1897, sec. 199.) These were originally authorized by ord. March 30, 1886, sec. 2, as amend, by res. app. June 22, 1896. Show-cases maintained without permission are a nuisance. Wells vs, Brooklyn, 9 App. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 59 Div. 61. They cannot be allowed six feet from the stoop-line. People ex rel. Le Boutillier vs. New York, Daily Reg. April 23, 1884. Their removal by the authorities may be compelled by man- damus. People ex rel. Bentley vs. Mayor, 18 Abb. N. C. 123; People ex rel. O'Reilly vs. Mayor, etc., N. Y., 59 How. Pr. 277. Injunction has also been granted. Hallock vs. Schreyer, 33 Hun, 111; Ely vs. Campbell, 59 How. Pr. 333. As to storm-doors, see Kiernan vs. Newton, 20 Abb. N. C. 398. In an application for an injunction to restrain the public authori- ties from tearing down a storm-door, the burden is on plaintiff to show he is there lawfully. Kirkpatrick vs. City of New York, Amend, J., N. Y. Law Journal, Dec. 3, 1903. § 264. All privileges w^hich may be exercised under the provisions of the last preceding section shall be wdthout expenses or charge to the city, and are conferred only during the pleasure of the Board of Aldermen, w^ho may at any time alter, amend or repeal said section. The penalty for a violation of any of the provisions of said last preceding section shall be not to exceed ten dollars for each and every day such violation shall continue. (Id., sec. 200.) IX, Obstructing and Injuring Walks. § 265. No person shall lead, drive or ride any horse, or horse and cart, or drag any wheel or hand barrow, or saw any wood, upon any footpath or sidewalk, under the penalty of five dollars for each offense. (R. O. 1897, sec. 208.) § 266. No owner or occupant of any store or house shall permit or suffer any cart or other wheel carriage to be driven or otherwise to pass or go over or upon the footpath or sidewalk opposite to such house or store, for the purpose of loading or unloading such cart or other wheel carriage, or for any other purpose whatever, under the penalty of five dollars for each offense. (Id., sec. 210.) § 267. If any cartman or other person shall break or otherwise injure any footpath or sidewalk, he or they shall, within twenty-four hours thereafter, cause the same to be well and sufficiently repaired and mended, under the penalty of ten dollars. (Id., sec. 211.) § 268. No person shall obstruct the walks laid across the public streets or at the head of the public slips in The City of New York, by placing or stopping his horse, cart, or other carriage upon or across any of the said walks, or by placing or pitting any other obstruction or other thing across or on the same, under the penalty of five dollars for each offense. (Id., sec. 212.) X. Moving Buildings. § 269. The Borough President in each borough shall and hereby is authorized to grant permits for moving buildings through and across the public highways, taking in each case a proper bond to secure The City of New York against loss or damage incident to said moving. (Amend, by ord. app. Dec. 3, 1906, infra.) 60 CODE OF OEDINANCES OF THE CITY OF NEW YOEK. XI. Protecting Street Pavement. § 270. In no case shall buildings material be placed upon, or mortar, cement or other material mixed upon the pave- ment of a street paved with asphalt, asphalt block or wood, except a permit be issued by the Boroug-h President having jurisdiction, which permit shall contain a provision that such pavement be protected by first laying planks thereon. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a minor offense and upon conviction thereof by any magistrate, whether upon confession of the party or competent testimony, shall be punished by a fine not exceeding ten dollars for each offense, and in default of payment of such fine by imprison- ment not exceeding ten days. It shall be the duty of the President of the Borough or Park Commissioner, as the case may be when issuing per- mits to builders and others to use the streets, to insert in said permits a provision requiring compliance with this ordinance. (Ord. app. Dec. 18, 1905.) XII. ProhiUting the Throwing of Fruit Skins, Etc., on Walks. § 271. Any person who shall cast, throw or deposit on any sidewalk or crosswalk in any street, avenue or public place within the corporate limits of The City of New York^ any part or portion of any fruit or vegetable or other sub- stances, which, when stepped upon by any person, is liable to cause, or does cause, him or her to slip or fall, shall be deemed guilty of a misdemeanor, and, on conviction thereof before any magistrate, shall be punished by a fine of not less than one dollar nor more than five dollars, or in default of the payment of such fine, by imprisonment not less than one day nor more than ten days, at the discretion of the court. (R. O. 1897, sec. 216.) § 272. The proprietor of every store, stand or other place where fruit, vegetable or other substances mentioned in section 1 of this ordinance are sold, shall keep suspended therein or posted thereon, in some conspicuous place, con- stantly, a copy of this ordinance, printed in large type, so that persons purchasing any such fruit, vegetable or other substance may become aware of its provisions; and every such proprietor or agent refusing or neglecting to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine of five dollars for such neglect, or, in default of payment thereof, by imprisonment not to exceed ten days, at the discretion of the court. The Commissioners of Police are hereby required to enforce rigidly the provisions of this ordinance. (Id., sec. 217.) XIII. Use of Tan-Bark on Streets. § 273. The Mayor or any Alderman, the Department of Health, the Commissioner of Police, the Inspector or Police CODE OF ORDINANCES OF THE CITY OP NEW YORK. 61 Captain assigned to the precinct in which said premises are situated, upon application, shall grant permission to lay tan- bark in the carriageway in front of any premises occupied by any sick or convalescent person or persons, to the extent of 500 feet in any direction from said premises, providing all expenses of placing and removing the bark be paid for by the person making such application. The bark so placed in any street shall be removed upon the order of the Com- missioner of Street Cleaning within five days after the recovjBry or death of such sick or convalescent person, and upon failure or neglect to comply with such order, then it ehall be removed by the said Commissioner of Street Clean- ing, who shall, if necessary, sue for and recover the cost of such reanoval in the manner now provided for the collection of fines for violation of the ordinances of the city. (Id., sec. 218.) Article XI.— Surveyors. § 274. There shall be so m.any Surveyors appointed for this city as the Board of Aldermen shall from time to time think proper. (R. O. 1897, sec. 259, in paj-t.) § 275. The City Surveyors so to be appointed, before they respectively enter upon the execution of said office, shall take an oath well and truly to execute the same. (Id., sec. 200.) § 276. Whenever in the proper administration of the duties of his office, the President of any borough in this city may require the services of a City Surveyor in laying out and regulating streets and roads in said city, making maps and surveys for street opening proceedings, laying out and sur- veying grounds for the purpose of building thereupon, and to advise and direct concerning the same, he shall have the authority to employ such one of the City Surveyors as he may designate for that purpose. (Id., sec. 266, with verbal changes.) § 277. The City Surveyors employed by any Borough President shall receive compensation therefor as follows, nor shall any Surveyor's bill be paid unless the same be first certified by the Borough President so employing him: For a preliminary survey in regulating a street or avenue or for making a country road, for the first line of levels, three cents per linear foot measuring through the centre of the street, avenue or road, and for each additional line of levels, one cent per linear foot, to be measured in the same manner. For a preliminary survey in filling sunken lots, $1.50 per lot of 2,500 square feet. For grading, when done alone, five cents per linear foot, measuring through the centre of the street or avenue. For grading and setting curb and gutter, when done under the same contract, eight cents per linear foot, measuring through the centre of the street or avenue. 62 CODE OF OBDINANCES OF THE CITY OF NEW YOEK. For grading and setting curb and gutter and flagging or paving, when done under the same contract, eleven cents per linear foot, measuring through the centre of the street or avenue. For setting curb and gutter alone, three cents per linear foot along the lin£ of the work done. For setting curb and gutter and flagging or paving, when done under the same contract, but not in connection with the grading, nine cents per linear foot, measuring through the centre of the street or avenue. For flagging, when done alone, three cents per linear foot along the line of the work done. For setting stakes, making final survey, etc., in the filling of sunken lots, $1.50 per lot of 2,500 square feet. For fencing, including preliminary survey, three cents per linear foot. For making a country road, ten cents per linesar foot, measuring through the centre of the road. For establishing a new grade line, one cent per linear foot, measuring along the line. J'or making the necessary surveys and furnishing all necessary copies of damage maps in street opening pro- ceedings, three cents per foot, measuring along the exterior line of the street or avenue and along all boundary lines of each parcel included within said street or avenue lines, and for assessment lists and maps for street opening or other improvements, three cents per linear foot of map front, it being understood that the Surveyor shall, in every case, furnish quadruple lists and maps without additional charge. A Surveyor employed by either of the said Borough Presi- dents to make a survey, the compensation for which is not otherwise provided, shall receive such compensation as shall be certified by the Borough President so employing him. (Id., sec. 267, with verbal changes.) § 278. In all cases of street improvements, when the same is required, a projection or profile and such drawing and calculations shall be furnished to the said Borough Presi- dent as may be required by him, without extra compensa- tion. A Surveyor shall be entitled to receive payment for a preliminary survey, on the completion of the same to the satisfaction of the Borough President employing him. He shall receive payment for all services on the completion of the work and its acceptance by the Borough President. (Id., sec. 268, with verbal changes.) § 279. The amount paid for any of the services men- tioned above, whenever the same shall have been rendered in relation to any improvement or work for which an assess- ment may afterward be made, shall be included, in such assessment. (Id., sec. 269.) § 280. A Surveyor shall be entitled to receive ten dollars for every certificate for payment to a contractor on any CODE OF OEDINANCES OF THE CITY OF NEW YORK. 63 work done by contract made upon public advertisement and letting-, which shall be paid by the Borough President making the contract, and except as herein otherwise provided, no Surveyor shall be entitled to any payment for a certificate to a contractor. The amount so paid for a certificate shall be deducted from the payment to be made to the contractor on account of the work certified to be done. (Id., sec. 270, with verbal changes.) Chapter 6. — The Department of Water Supply, Gas and Electricity. Article I. — The Water Register. § 281. The Water Register shall on each day, except Sun- day of each week, render to the Comptroller an account, under oath, item by item, of all moneys received by him, containing the names of the persons from whom they were received, the amounts received and on what account, and when paid, and shall thereupon pay over the amount so received to the Chamberlain. (R. O. 1897, sec. 152, with verbal changes.) Article II.— Water Rents. § 282. The minimum annual rents and the special charges to be collected by the Department of Water Supply, Gas and Electricity shall be as follows, to wit: One Two Three Four Five Front Width. Story. Stories. Stories. Stories. Stories. 16 feet and under. . $4 00 $5 00 $6 00 $7 00 $8 00 16 to 18 feet 500 600 700 800 900 18 to 20 feet 600 700 800 900 10 00 20 to 221/2 feet 700 800 900 10 00 11 00 221/2 to 25 feet. ... 8 00 9 00 10 00 11 00 12 00 25 to 30 feet 10 00 1100 12 00 13 00 14 00 30 to 371/2 feet.... 12 00 13 00 14 00 15 00 16 00 371/2 to 50 feet 14 00 15 00 16 00 17 00 18 00 The apportionment of the regular frontage rates upon dwelling houses is on the basis that but one family is to occupy the same, and for each additional family one dollar per year shall be charged. Building- Purposes — Ten cents per 1,000 brick. All ma- sonry at the same rate, 500 brick being equal to one cubic yard. Plastering — Forty cents per 100 square yards, openings not included. Baths — All baths, three dollars per annum. Water closets and urina jg^ of every description, two dollairs per annum, >*?*=f^cV'~~^ 64 CODE OF OKDINANCES OF THE CITY OF NEW YOBK. One water closet and one bath in each house supplied free of charge. Steam lighters and tugboats, H. P., per year $90 00 Steam lighters and tugboats, L. P., per year 45 00 Pile drivers and hoisting engines, per month 5 00 Steam yachts, per month 5 00 All others, per month 5 00 Water boats supplying shipping, per month 25 00 Meter Bates. Water meters shall be placed, at the discretion of the Commissioner of Water Supply, Gas and Electricity, for all stores, workshops, hotels, manufactories, office buildings, public edifices, on wharves, ferry houses, and in all places where water is furnished for business consumption, except private dwellings; the charge for water measured by meter to be ten cents per 100 cubic feet. All charges not herein mentioned or fixed are reserved for special contract by and with the Commissioner of Water Supply, Gas and Electricity. (Ord. app. April 10, 1900.) § 283. All rents for the use of the water shall be paid in advance at the time of applying for the water and before any permit is issued; to be calculated up to the first day of May succeeding; and all rents shall continue to be collected in advance on the first day of May annually, so long as the contract exists; and no contract for the supply of water shall be binding for a longer period than until the second succeeding first day of May after such contract is entered into. (K. O. 1897, sec. 153.) § 284. The supply of water shall be cut off in all cases where the rent is behind and unpaid ten days. (Id., sec. 154.) Article III, — The Croton Aqueduct, § 285. No new works connected with the Croton aqueduct shall be constructed, nor shall any mains or pipes be con- structed or laid down, except vdth the authority of the Board of Aldermen; and except, also that in case of any unexpected casualty or damage to the pipes, reservoirs or other structures connected wdth the aqueduct, the Chief Engineer of the Department of Water Supply, Gas and Elec- tricity, under the direction of the Commissioner, shall take immediate measures for the preservation and repair of the same, the expense of which shall be paid on his requisition by the warrant of the Comptroller. (R. O. 1897, sec. 157, wnth verbal changes.) § 286. If any person shall bathe in, or go into the Croton water at either of the reservoirs, or any part of the Croton aqueduct, or shall throw any stones, chips or dirt, or any other material, substance or thing whatever, into the reser- Yoirs or into the water or g-ate-houses, or into the ventilf^ CODE OF ORDINANCES OF THE CITY OF NEW YORK. 65 tors, or aqueduct or fountain basins, or shall in any manner injure or disfignre any part of the Croton aqueduct works, he shall be subject to a fine not to exceed fifty dollars, to be imposed by any city magistrate, either on his view or in a summary manner; and in default of payment of any fine so imposed such city magistrate shall commit such offender to the city prison for a i>eriod not to exceed thirty days, unless such fine is sooner paid. (Id., sec. 159.) § 287. In case any person shall trespass on any part of the embankment of the Croton aqueduct reservoirs, or go or remain on the same without permission of the proper persons having charge of the same; or in case any person does not comply with the regulations of the Commissioner of Water Supply, Gas and Electricity, as to the times they shall leave the embankment of said reservoirs, or the grounds or buildings attached to said reservoirs, such person shall be subject to a fine of twenty-five dollars, to be levied and collected in the manner prescribed in the last section; and, in default of payment, imprisonment, as in like manner, not to exceed twenty days, in the city prison. (Id., sec. 160, with verbal changes.) § 288. No person or persons, except the Mayor and Alder- men of the respective districts and the Engineers or Foremen of the Fire Department shall, without previous permission, in writing from the Commissioner of Water Supply, G-as and Electricity, unscrew or open any hydrant belonging or attached to the Croton aqueduct works, erected for the extingnishment of fires; nor shall leave said fire hydrant open for a longer time than shall be limited in said per- mission; nor shall use the water for other purposes than may be mentioned in said permission, under the penalty of not less than five dollars nor more than twenty-five dollars for each offense, in the discretion of the magistrate before whom the complaint shall be made. (Id., sec. 161, with verbal changes.) Article lY. — Use of Water. § 289. All persons contracting for a supply of water shall pay the cost of the materials and labor used and expended on the streets necessary to make the connection with the con- duit pipes, or pay such annual interest thereon as required by the rules and regulations of the Commissioner of Water Supply, Gras and Electricity. No street shall be opened, or pipes bored, or connections made, unless under the direction of the said Commissioner, under the penalty of fifty dollars for each offense. (Id., sec. 158.) § 290. No person or persons, except such as may be licensed by the Commissioner of Water Supply, Gas and Electricity to sell water to shipping, shall take the water from any hydrant or water connection erected or to be erected in The City of New York, and attached to the water pipes, for the purpose of using the same on any boat, vessel, 5 66 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. barge or pile-driver, or for the purpose of selling or offering the same for sale to the owner of anj boat, vessel, barge or pile-driver, without first having obtained permission in writing from the said Commissioner, under penalty of twenty-five dollars for each offense, to be recovered against such person or persons or such owner or owners of any such boat, vessel, barge or pile-driver in an action to be prosecuted by the Corporation Counsel. (Id., sec. 162, with verbal changes.) § 291. No person other than an employee of the Depart- ment of Water Supply, Gas and Electricity, or of the Fire Department, shall be permitted to use the large or double fire hydrants placed throughout the city for the use of the Fire Department, and any street sprinkler, sweeper or cleaner or other person or persons not connected with either the Department of Water Supply, Gas and Electricity or the Fire Department, found tampering with or using any of said hydrants, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined the sum of twenty-five dol- lars, and in default of payment thereof shall be punished by imprisonment for a period not exceeding ten days. (Id., sec. 163, with verbal changes, as amend, by ord. app. Nov. 23, 1906.) § 292. The Commissioner of Water Supply, Gas and Elec- tricity is instructed to cause the hydrants to be kept closed, and report all violations of the laws to the Corporation Counsel. (Id., sec. 164.) § 293. The Commissioner of Water Supply, Gas and Elec- tricity shall at all times when the general supply of water is not thereby endangered, permit the hydrants to be used for cleaning the streets, under the regulation of said Commissioner. (Id., sec. 165.) § 294. No person or persons shall use the Croton water for washing streets, sidewalks, steps or buildings from May 1 to November 1 following in each year, after 8 a. m., and from November 1 to May 1 following after 9 a. m., under the penalty of five dollars for each offense. (Id., sec. 166.) § 295. Any person or persons who shall obstruct the access to the different stop-cocks connected with the water pipes by placing thereon stone, brick, lumber, dirt, or any other materials, or who shall permit any such materials to be placed thereon by those in his or their employ, shall be subject to the penalty of fifty dollars for each offense, wdth an additional sum of twenty-five dollars for each day the same shall be continued after notice of removal shall have been served. (Id., sec. 167.) § 296. The penalties prescribed in this article shall be imposed on the offender in like manner as above provided in respect to the penalty for bathing in the Croton aqueduct; and in default of the payment the offender shall be subject to like punishment by imprisonment, as in the said section prescribed. (Id., sec. 168.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 67 Article Y. — Lamps. § 297. No person, without permission of the Commissioner of Water Supply, Gas and Electricity, shall take up, remove or carry away any public lamp-post in The City of New York, under the penalty of ten dollars for each offense. (Id., sec. 173, with verbal changes.) § 298. No person shall remove, or cause or permit to be removed, any public lamp-post now or hereafter to be placed in front of their premises for the purpose of constructing a vault or otherwise without the permission of the President of the Borough; and the owner or owners of such vault shall cause the lamp-posts so removed to be reset at their own expense immediately upon the completion of the vault, under the penalty of twenty-five dollars for each offense. (Id., sec. 174, with verbal changes.) § 299. No ornamental lamp-post shall hereafter be erected in any of the streets, avenues or public places in The City of New York, which shall exceed in dimensions at the base more than eighteen inches in diameter, if circular in form, and if upon a square base, no side thereof shall exceed eighteen inches. (Id., sec. 175.) Chapter 7. Title I. — Bureau of Licenses. § 300. There shall be a Bureau of Licenses in and for The City of New York attached to the Mayor's olfice, with a prin- cipal office in the City Hall in the Borough of Manhattan, and a branch office in such other boroughs as may be deemed necessary and be designated by the Mayor of said city, for the purpose of issuing and recording all licenses authorized by resolution or ordinance of the Board of Alder- men or now in force in any part of said city. (Ord. app. Feb. 8, 1898, sec. 1, with verbal changes.) This Bureau is the successor by various enactments of the old " Bureau of Permits," sec, 1 of ord. app. Feb. 2, 1886, as limited by- chap. 412, Laws of 1896. The tendency has been to make laws uniform throughout the entire city, and to concentrate into one bureau the issuing of all licenses. By the City Ordinances, 1859, all licenses were issued by the Mayor and separate chapters cover the different subject-matters, such as Coaches and Cabs, Pawn- brokers, Dealers in Second-Hand Articles and Keepers of Junk Shops, etc., which are now included in one chapter. When the ordinances were revised in 1880 a Bureau of Permits was estab- lished. (R. O. 1880, art. XXX.) The general powers were further extended by L. 1887, chap. 417, and L. 1888, chap. 115, and L. 1896, chap. 36, where the Board of Aldermen, although forbidden to allow obstructions in^ the streets or sidewalks, was expressly allowed to grant permits for " stands within the stoop-lines " for certain purposes. See sec. 50, Greater New York Charter, and notes under sec. 361, infra. § 301. The Bureau of Licenses shall consist of a Chief of said Bureau, with such deputies and assistants as may be found necessary for properly carrying on the work of the Bureau, to be appointed and removed at pleasure by the 68 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Mayor of said city, and paid such compensation as shall be fixed and established by said Mayor. (Id., sec. 2.) § 302. All licenses issued by the Bureau of Licenses shall be according- to an established form, printed with corre- sponding stub and reg-ularly numbered, with suitable blank spaces for writing in this name and residence of the licensee, kind and class of license, location and privileges allowed, and amount of fee paid, all properly bound in book form. All such licenses shall be duly classified and recorded in suitable registers and fully indexed. (Id., sec. 3.) § 303. All licenses issued by the Bureau of Licenses shall be granted by the Mayor and duly issued upon regular application to the Bureau of Licenses. The registers of licenses shall be public records, and extracts may be certified by the Chief of the Bureau or the deputy or assistant in charge of a branch office, for use as evidence. (Id., sec. 4.) § 304. There shall be kept in the principal office of said Bureau and each and every branch office thereof a book recording consecutively each license as issued, showing its kind and class, whether new or renewed, name of licensee, regTilar number of blank form, and amount of fee received, day by day. A daily report showing all of above details shall be made by each branch office to the principal office. All moneys received each day shall be duly deposited in a designated city depository the following day. There shall also be kept in the principal office of said Bureau a book showing a statement of all licenses issued and fees received by said Bureau and its branches, tabulated by days, months and quarters of the year, and compiled annually. (Id., sec. 5.) Title II. — The Granting and Hequlation of Licenses. Article I. — Business Requiring a License. § 305. The following businesses must be duly licensed as herein provided, namely, public cartmen, truckmen, hack- men, cabmen, expressmen, drivers, .iunk dealers, dealers in second-hand articles, hawkers, peddlers, venders, ticket spec- ulators, coal scalpers, common shows, shooting g-alleries, bowling alleys, billiard tables, dirt carts, exterior hoists and stands within stoop-lines and under the stairs of the elevated railroad stations. (Ord. app. May 22, 1899, sec. 1.) This ordinance covered the entire field of licenses and revised the whole subject. The power to require licenses is given the Board of Aldermen in section 51 of the Greater New York Charter, L. 1901, chap. 466. At the time the ordinance was passed, 1899, pawnbrokers were licensed under the State law. See L. 1883, chap. 339, as amended by chap. 363, L. 1884; chap. 240, L. 1890, and chap. 538, L.. 1893, and keepers of intelligence offices also by chap. 410, L. 1888, as amended by chap. 330, L. 1891. They are now enumer- ated in section 51 of the Charter as among the businesses that may be licensed by the city. Stands within stoop-lines may be authorized under section 50 of the Charter. The decisions con- struing the general subjects in this chapter are given under the sections relating to specific business. Penalties for all violations of this and the subsequent sections to No. 379, Inclusive, are regulated by section 379. See also section 329. CODE OF OKDINANCES OF THE CITY OF NEW YOEK. 69 § 306. No person shall eng-age in or carry on any such business without a license therefor under a penalty of not less than two dollars, nor more than twenty-five dollars for each oJBfense, and for the purposes of this ordinance the term person shall include any human being or lawful asso- ciation of such. (Id., sec. 2.) There can be no doubt of the general power of a municipal cor- poration to regulate and control the occupations referred to. The courts have even gone so far as to hold that where a license is required of a business, one who engages in that business without a license may not recover the value of goods sold or services rendered. Ferdon vs. Cunningham, 20 How. Pr. 154; Best vs. Bauder, 29 How. Pr. 489; but, se3 Miller vs. Burke, 6 Daly, 171, affd. 68 N. Y. 615; see cases under specific subjects, infra. Article II. — Licenses and License Fees. § 307. All licenses shall be granted by authority of the Mayor and issued by the Bureau of Licenses for a term of one year from the date thereof, unless sooner suspended or revoked by the Mayor, and no person shall be licensed except a citizen of the United States or one who has regularly declared intention to become a citizen. The Mayor shall have power to suspend or revoke any license or permit issued under the provisions of this ordi- nance. The Mayor shall also have power to impose a fine of not more than five dollars or less than one dollar for any violation of the regTilations herein provided, and to suspend the license pending payment of such fine, which, when collected, shall be paid into the sinking fund for the redemption of the city debt. (Id., sec. 3.) § 308. The annual license fees shall be as below enumerated: For each public cart or truck $2 00 For each public hack coach 3 00 For each public hack cab 2 00 For each special hack coach 5 00 For each special hack cab 3 00 For each express wagon 5 00 For each junk shop or dealer 20 0^ For each dealer in second-hand articles 25 00 For each junk cart or boat 5 00 For each peddler using horse and wagon 8 00 For each peddler using push cart 4 00 For each peddler carrying merchandise 2 00 For each ticket speculator 50 00 For each coal scalper 250 00 For each common show 25 00 For each public shooting" gallery 5 00 For each public bowling alley 5 00 For each public billiard table 3 00 For each dirt cart 1 00 For each general hoisting 25 00 For each special hoisting 100 70 CODE OF ORDINANCES OF THE CITY OF NEW YORK. For each fruit or soda water stand, or both 10 CO For each newspaper or periodical stand, or both, and in addition also fmit or soda water, or both 15 00 For each movable newspaper stand 1 00 For each newspaper and periodical stand, or both.. 5 00 For each chair of a bootblack stand. 5 00 For each stand under elevated railroad stations.... 10 00 For each driver of any licensed vehicle 50 (Id., sec. 4.) § 309. Any license, before its expiration or within thirty days thereafter, may be renewed for another term, upon payment of one-half the license fee above designated therefor. All licenses in force when this ordinance takes effect for any business enumerated above may be renewed under the foreg-oing provisions regulating renewals of licenses here- under issued. (Id., sec. 5.) Article III. — Special Regulations and Rates. I. Public Carts and Cartmen. § 310. Every vehicle, of whatever construction, drawn by animal power or propelled by other motive power, which shall be kept for hire or used to carry merchandise, house- hold furniture or other bulky articles vsdthin The City of New York for pay, shall be deemed a public cart, and the owner thereof shall be deemed a public cartman. (Id., sec. 6.) An ordinance requiring a license to be taken out where trucks are used for hire was held valid in City of Brooklyn vs. Breslin, 57 N. Y. 591. And it has been held that where a license was required, unless one was taken out, the driver or owner of carts and trucks used for public hire could not recover for services actually rendered. Ferdon vs. Cunningham, 20 How. Pr. 154. § 311. Every public cart shall show on each outside thereof the words " Public Cart " or the letters " P. C," together with the figures of its official number. (Id., sec. 7.) § 312. The amount to be charged for loading, transport- ing or transmitting and unloading, may be agreed ii])(>n in advance, and such a contract shall regulate and control the employment. (Id., sec. 8.) § 313. The legal rates for moving household furniture, unless otherwise mutually agreed, shall be as follows: For a single truck load, within two miles $2 00 For every additional truck load, within two miles 50 For loading, unloading and housing to ground floor, 50 For each flight of stairs, up or down 25 For a double truck load, within two miles 3 00 For every additional mile or part thereof 1 00 For loading, unloading and housing to ground floor, 50 For every flight of stairs, up or down 50 (Id., sec. 9.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 71 § 314. Every public cartman shall be entitled to be paid the leg-al rate of compensatioii herein provided immediately after the transportation and before actual delivery, and in default of such payment to retain a load or part thereof sufficient to secure charges, and convey the same promptly to the Property Clerk of the Police Department, or to a convenient storage w^arehouse, where the same may be left on storage, subject to all charges incurred, including cart- age to place of deposit. A notice, in writing, with a brief statement of particulars, shall be sent at once by the cart- man to the Bureau of Licenses. (Id., sec. 10.) II. Drivers of Licensed YeJiicles. § 315. Every person driving a licensed hack or express, other than the person named in the license therefor, shall be licensed as such driver, and every application for such license shall be indorsed, in writing, by two reputable resi- dents of The City of New York certifying to the competence of the applicant. (Id., sec. 55.) III. Public Hacks and Hackmen. § 316. Any vehicle kept for hire shall be deemed a public hack and a vehicle intended to seat two persons inside shall be deemed a cab, and a vehicle intended to seat four per- sons inside shall be deemed a coach, and the term hackman shall be deemed to include owner or driver, or both. (Ord. app. Nov. 2, 1905, sec. 1.) But a hotel omnibus conveying gxiests of a hotel to and from station free of charge is not a " public conveyance." City of Oswego vs. Collins, 38 Hun, 171. § 317. None but licensed hacks shall use the designated public hack stands in the city. The owner jf any hack not intended to use the public stands and having the written consent of the owner or lessee of the premises, in the dis- cretion of the Mayor or the Chief of the Bureau of Licenses, may be specially licensed and permitted to use temporarily a portion of the street in front of said premises as a stand, and shall be confined to carrying passengers from said premises. (Id., sec. 2.) The power of the Mayor to license vehicles in general is dis- cretionary, as the object of the ordinance is not so much to raise a tax as to preserve good order. People vs. Mayor, etc., of New- York, 7 How. Pr. 81. No permit could be granted for hacks to stand in front of private property, or other than general public hack stands, without the consent of the owner of the property affected. McCaffrey vs. Smith (village of Saratoga), 41 Hun, 117. But where the owner consents and there is no nuisance created hackmen may reasonably use the public highway (Holland House and Waldorf). People ex rel, Thompson vs. Brookfield, 6 App. Div. 398. And a party having a special license to stand in front of a restaurant and hotel (Rector's) may enjoin others from using It as a hack stand. Odell vs. Bretney, 62 App. Div. 595, 93 App, Div. 607, But to justify issuing such a special license there must be a special necessity for its issuance, Odell vs, Bretney, 38 Misc, 603. Where a livery stable keeper in New Jersey sends cabs to Brooklyn to meet transatlantic steamers no license is required. City of New 72 CODE OF ORDINANCES OI' THE CITY OF NEW YOBK. York vs. Hexamer, 59 App. Div. 4. A hackman has no power to carry on his business in the public streets where it is forbidden. People vs. Commissioner of Saratoga Springs, 90 App. Div. 555, § 318. No hackney coach, carriag-e or cab, v^^hich shall be specially licensed by virtue of the provisions of this ordi- nance shall make use or come upon any stand that is now or may be hereafter designated as a hackney coach stand, or at anj'^ other place in The City of New York, except in front of or adjacent to any hotel or hotels, or at any other place which may be designated by the Mayor, and which may be used as a stand, with the approval and consent of the persons occupying* the premises in front of which said coaches, carriag-es or cabs are to be permitted and allowed by the authority of the Mayor, as aforesaid, provided that the owner or driver of any such coach, carriag-e or cab shall not solicit nor take any passeng-er or passeng-ers on the streets, but shall confine themselves solely to and for the use of the guests of said hotel or hotels. (Id., sec. 3, with verbal changes.) This was sustained as to the Hotel Imperial fu City of New York vs. Reesing, 38 Misc. 129, aftd. in 77 App. Div. 417. § 319. The legal rates of fare, of which an official copy shall be furnished by the Bureau of Licenses and carried by every licensed hackman, shall be as follows: Mileage rates charged for general driving: Cabs — For one mile or any part thereof $0 50 For each additional half mile or part thereof 25 For any stop over five minutes in a trip, for every fifteen minutes or fraction thereof 2;"j Coaches — For one mile or any part thereof 1 00 For each additional half mile or any part thereof... 50 For every stop over five minutes in a trip, for every fifteen minutes or fraction thereof 40 Hourly Rates. — These hourly rates, except by special agreement, are to apply only to shopping or calling and shall not include park or road driving, nor driving for more than three miles from the starting point: Cabs — For one hour or any part thereof $1 00 For each additional half hour or part thereof 50 Coaches — For one hour or any part thereof 1 50 For each additional half hour or any part thereof.. 75 For driving around Central Park the charge shall be three dollars, where the starting point is between Twenty-third CODE OF OBDINANCES OF THE CITY OF NEW YORK. 73 street and One Hundred and Thirty-fifth street; if the starting- point is below Twenty-third street, or north of One Hundred and Thirty-fifth street, an additional charge of fifty cents, for each mile or fraction thereof, shall be paid. For driving- around Central Park and Riverside Drive, where the starting- point is between Twenty-third street and One Hundred and Thirty-fifth street, the charge shall be four dollars; if the starting- point is below Twenty-third street or north of One Hundred and Thirty-fifth street, an additional charge of fifty cents for each mile or fraction thereof shall be paid. On all park drives one-half hour shall be allowed for sight-seeing, without extra compensation. (Id., sec. 4.) § 320. Ferriage and bridge tolls in all cases to be paid by the parties using the vehicles. (Id., sec. 5.) § 321. Twenty blocks north and south to constitute a mile; seven blocks between the numbered and lettered ave- nues will be deemed a mile, as from Avenue B to Sixth ave- nue or from Second avenue to Ninth avenue. (Id., sec. 6.) § 322. Every hack shall be provided with a suitable lamp on each side and shall have securely fastened across the middle of the outside of each lamp a metal band not less than two inches in width, out of which the official number of the licecise shall be cut after the manner of a stencil plate, the component figures of such number to be not less than one and one-half inches in height, and the style of the whole to be approved by the Mayor or Chief of the Bureau of Licenses. Every licensed hack shall have the official number of the license legibly engraved or embossed upon a metal plate and affixed inside, as designated and approved by the Mayor or Chief of the Bureau of Licenses, and no licensed hack shall carry or have affixed to it, inside or out- side, any number except the official number as aforesaid. (Id., sec. 7.) § 323. Every licensed hackman, immediately after the termination of any hiring or employment, must carefully search such hack for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, must be taken to the nearest police station and deposited with the officer in charge within tw^enty-four hours after the finding thereof, and in addition a written notice, with brief particulars and description of the prop- erty, must be forwarded at once to the Bureau of Licenses. (Id., sec. 8.) § 324. Every licensed hackman shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid, but no licensed hack- man shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so. No licensed hack- man shall carry any other person than the passenger first 74 CODE OF ORDINANCES 01- THE CITY OF NEW YORK. employing a hack without the consent of said passenger. (Id., sec. 9.) § 325. All vehicles for hire shall be licensed, and the owner thereof shall pay the sum of two dollars with his original application as the license fee for each and every vehicle so kept for hire, and one dollar for each vehicle for annual renewals. (Id., sec. 10.) § 326. All disputes as to the lawful rate of fare, where no agreement has been made, and all refusals to pay the agreed amount where an agreement is claimed, shall be determined by the police officer in charge of the police sta- tion nearest to the place where such dispute is had, and, except in the case of a freeholder or householder in The City of New York, failure to comply with such determina- tion shall subject the offending party to a charge of dis- orderly conduct, punishable by a fine of not exceeding ten dollars, or in default thereof imprisonment for not m.ore than ten days. (Id., sec. 11.) lY. PuUic Hack Stands. § 327. Any duly licensed hackney coach or cab shall stand while waiting for employment at any of the fol- lowing places and for the periods of time hereafter provided: Stand No. 1. — South Ferry, foot of Whitehall street, along the park. Stand No. 2. — Broadway, around Bowling Green. Stand No. 3. — In Barclay street, west of Washington street. Stand No. 4. — In Murray street, between Washington and West streets. Stand No. 5. — In Broad street, from Stock Exchange to Beaver street; one line in center of street. Stand No. 6. — At Fulton Ferry, along the Market side, south and east. Stand No. 7. — Broadway, from north side of Beekman street to Chambers street, and Chambers street, from Broadway to west side of new court-house, park side. Stand No. 8. — In Canal street, west of Washington street. Stand No. 9. — In Chatham square. Stand No. 10. — North, west and south sides of Union square. Stand No. 11. — North, west and south sides of Madison square. Stand No. 12. — The vacant square, junction of Broadway and Sixth avenue. Thirty-second and Thirty-fifth streets. Stand No. 13. — On Fourth avenue, between Fortieth and Forty-second streets, each side of the cut to the tunnel. Stand No. 14. — At the junction of Broadway and Seventh avenue on the squares. Forty-third to Forty-seventh street. Stand No. 15,— On the north side of Fortieth and south CODE OF ORDINANCES OF THE CITY OF NEW YORK. 75 side of Forty-second streets, from Fifth avenue to Sixth avenue. Stand No. 16. — On Fifty-ninth street, north side, frona Fifth avenue to a point 100 feet east of Eighth avenue. Stand No. 17.— At all ferries. Stand No. 18. — At all passenger steamboat landings, fifteen minutes before the usual time of arrival of such passenger steamboats. Stand No. 19. — At all theatres and other places of public amusement, fifteen minutes before the conclusion of the performance. Stand No. 20. — At all railroad depots, five minutes prior to the arrival of passenger trains, licensed owners and drivers may solicit passengers without their vehicles, except that at the Grand Central Depot such hackmen shall not stand on the sidewalk more than three feet within the curb. Stand No. 21. — Broadway, opposite St. Paul's Church, from five p. m. until sunrise. Stand No. 22. — On all street corners, from ten p. m. until sunrise. Stand No. 23.— South side of One Hundred and Fifty-fifth street, between Ninth and Manhattan avenues. Stand No. 24. — North side of One Hundred and Forty- fifth street, from the corner of Eighth avenue 300 feet east. Stand No. 25. — North side of One Hundred and Twenty- fifth street, to extend a distance of 100 feet west of Eighth avenue. Stand No. 26. — North side of One Hundred and Fifty- fifth street, from the corner of Eighth avenue 300 feet east. Stand No. 27. — West side of Third avenue, near the Ford- ham Station of the New York and Harlem Railroad, extend- ing southerly about 100 feet fr6m the southerly intersec- tion of Pelham avenue. Stand No. 28. — Every elevated railroad station in The City of New York shall be deemed a public cab stand, and public cabs and coaches shall be and are hereby authorized to stand on the street corners at such places. Stand No. 29. — Park avenue, from Sixtieth street to Sixty- first street, and Seventy-second to Seventy-third street, on west side of tunnel. Stand No. 30. — Fifth avenue, Sixtieth to Sixty-second street, on west side of avenue, and Seventy-first to Seventy- second to Seventy-third street, on west side of avenue. Stand No. 31. — Fifth avenue, Eighty-first to Eighty-second street, and from Ninetieth to Ninety-first street, on west side of avenue. Stand No. 32. — Sixty-third street, from Broadway to Columbus avenue, north side. Stand No. 33. — From Sixty-third to Sixty-fourth street, on Broadway, west side. Stand No. 34. — Sixty-sixth street, between Broadway and Columbus avenue, south side. 76 CODE OF OBDINANCES OF THE CITY OF NEW YORK. Stand No. 35. — Sixty-fifth, to Sixty-sixth street, on Broad- way, east side; Amsterdam avenue, Seventy-second to Seventy-third street, on west side. Stand No. 36. — South side of Seventy-third street, between Broadway and Amsterdam avenue. Stand No. 37. — From Seventy-ninth to Eighty-first street, on Columbus avenue, east side. Stand No. 38. — On Eighty-first street, from Columbus ave- nue to a point 100 feet east of Columbus avenue. Stand No. 39. — Sherman square, north side of Seventieth street, from Amsterdam avenue to Broadway. Stand No. 40. — West side of Broadway, from Seventieth street to Seventy-first street. Stand No. 41. — Amsterdam avenue, from Seventieth to Seventy-first street, east side. Stand No. 42. — All subway stations. Stand No. 43. — Northwest side of Plaza, between Fifty- eighth and Fifty-ninth streets. (Id., art. 2, sec. 1.) § 328. That not more than two cabs or coaches shall stand at any such station (meaning thereby the uptown or downtown station), and they shall not impede or obstruct proper access to and from the stairways at such stations. (Id., sec. 2.) § 328a. That the following streets and places in the Third Ward of the Borough of Queens are hereby fixed as the places at which hacks and stages may stand waiting for hire, viz.: At Flushing, Broadway, from Lawrence to Prince street, and a main street, from Bradford avenue to Locust street; at Bayside on Bell avenue, from Pleasant avenue to 300 feet north of Long Island Railroad track, and at Whitestone, on Sixteenth street, from Seventh to Eighth avenue. (Ord. a pp. May 29, 1900.) § 329. Any person violating any of the provisions hereof, except those of article 1, section 11, upon conviction thereof by the Chief of the Bureau of Licenses or Deputy Chief, either upon confession of the party or by competent testi- mony, may be fined for such offense any sum not more than ten dollars, or be subject to the suspension or revocation of his license in the discretion of the Chief of the Bureau of Licenses, oi Deputv Chief, with the approval of the Mayor. (Ord. app. Nov. 2, 1905, art. 3.) Article lYa. — Public Porters. § 329a. The Mayor shall license and appoint as many and such persons as he may think expedient to be public porters of The City of New York, and revoke or suspend any or all of such licenses at his pleasure; and it shall not be lawful for any person to use any wheelbarrow or handcar to carry, transport or convey baggage, goods or other things from place to place within said city for hire, wages or pay for such conveyance, or to be at any hotel, iDoarding-house, ferry, steamboat landing, railroad station or depot, and CODE OF ORDINANCES OF THE CITY OF NEW YORK. 77 solicit of strang-ers, travelers, citizens or other persons, or accept the conveyance of baggage or other articles, without being licensed as aforesaid by the Mayor. This section shall not be construed to prevent any person employed in any hotel or boarding-house from conveying any baggage or other articles to or from such hotel and boarding-house, and using a handcart or wheelbarrow^ therefor; provided the name of the hotel or boarding-house, and the keeper thereof, be painted distinctly on both sides of such wheelbarrow or handcart, and on a badge worn on the front of his hat or cap, so as to be easily and distinctly seen. (R. O. 1897, sec. 505.) § 329b. All licenses to public porters, granted as afore- said, shall run one year from the date thereof, and may be renewed by the Mayor at any time within the said year for a succeeding year. (Id., sec. 506.) § 329c. Every person receiving a license to be a public porter, as aforesaid, shall pay to the Mayor, for the use of the city, one dollar; and the further sum of twenty-five cents upon the renewal of every such license. (Id., sec. 507.) § 329d. Every public porter shall wear, in a conspicuous place about his person, so as to be easily seen, a brass plate or badge, on which shall be engraved his name, the words " Public Porter," and the number of his license; and it shall be unlawful for any other person to wear or exhibit any badge purporting to be, resembling or similar to the badge of a public porter, and no public porter shall permit any other person to wear his badge or use his name in any way whatever in the transportation or conveyance of any- thing. (Id., sec. 508.) § 329e. Public porters shall be entitled to charge and receive, for the carrying or conveyance of any article any distance within half a mile, twenty-five cents if carried by hand, and fifty cents if carried on a wheelbarrow or hand- cart; if the distance exceeds half a mile, one-half of the above rates in addition thereto, and in the same proportion for any greater distance. (Id., sec. 509.) § 329f. No pubic porter or handcartman shall be entitled to recover or receive any pay or fare from any person for the transportation of any article or articles unless his name and number of license and the rates shall be fixed, and the badge worn, agreeably to this article. (Id., sec. 510.) § 329g. Upon the trial of any cause commenced for the recovery of any of the aforesaid prices or rates, it shall be incumbent on the plaintifE in such action to prove that the badge was worn and the prices fixed, agreeably to the last preceding section, at the time the services were ren- dered for which the suit was brought. (Id., sec. 511.) § 329h. No public porter or handcartman shall neglect or refuse to transport any article or articles when required so to do, unless he shall then be actually and otherwise employed, or unless the distance he shall be required to go 78 CODE OF ORDINANCES OF THE CITY OF NEW YORK. shall be more than two miles, under the penalty of five dol- lars for each offense. (Id., sec. 512.) § 3291. No public porter or handcartman shall suffer or permit any other person than himself to carry any article or articles in his wheel or handbarrow, or handcart, or to wear his badge, under the penalty of five dollars for every such offense. (Id., sec. 513.) § 329j. If any public porter shall ask or demand any greater rate of pay or compensation for the carrying or conveyance of any articles than is herein provided, he shall not be entitled to any pay for the said service, and to so ask, demand, or receive any greater pay or compensation shall be deemed a violation of this article. (Id., sec. 514.) § 329k. It shall not be lawful for any person to represent himself as, or to wear or exhibit any badge, inscription, card, or device, purporting or implying that he is employed or authorized by the keeper, proprietor, agent or officer of any hotel, boarding-house, vessel, steamboat or railroad company, to solicit, receive or convey persons, baggage, or other things to or from any such hotel, boarding-house, ves- sel, steamboat or railroad company's station or depot, with- out being actually and duly authorized by such keeper, pro- prietor, officer or agent so to do, under the penalty of twenty-five dollars for every offense. (Id., sec. 50.) y. Expresses and Expressmen. § 330. Every vehicle of whatever construction kept or used for the conveyance of baggage, packages, parcels and other articles within or through The City of New York for pay, shall be deemed a public express, and the owner thereof shall be deemed a public expressman, and the term express- man shall be deemed to include any common carrier of baggage, packages, parcels or other articles within or through The City of New York. (Ord. app. May 22, 1899, sec. 18.) § 331. Every public express shall show on each outside thereof the word " Express," or the letters " Exp.," together with the figures of its official number. (Id., sec. 19.) § 332. Every owner of a public express shall give a bond to The City of New York for each and every vehicle licensed in a penal sum of $100, with sufficient surety, approved by the Mayor or Chief of the Bureau of Licenses, conditioned for the safe and prompt delivery of all baggage, packages, parcels and other articles or things entrusted to the owner or driver of any such licensed express. (Id., sec. 20.) § 333. The legal rates for regular deliveries, unless other- wise mutually agreed, shall be as follows in the city: Between points within any borough — Not more than five miles apart, each piece $0 40 Not more than ten miles apart, each piece 55 Not more than fifteen miles apart, each piece 75 CODE OF ORDINANCES OF THE CITY OF NEW YOKK. 79 Between points in different boroughs: One-half the above rates in addition. Special deliveries at rates to be mutually agreed upon. (Id., sec. 21.) YI. Junk Dealers. § 334. Any one dealing in the purchase and sale of junk, old rope, old iron, brass, copper, tin or lead, rags, slush or empty bottles shall be deemed to be a junk dealer and the place of business a junk shop, and every such junk dealer shall give a bond to The City of New York with sufficient surety, approved by the Mayor or Chief of the Bureau of Licenses, in the penal sum of $250, conditioned for the due observance of all municipal ordinances. (Id., sec. 22.) § 335. Every junk dealer shall keep a book in which shall be legibly written, at the time of every purchase, a descrip- tion of every article so purchased, the name and residence of the person from whom such purchase was made and the day and hour of such purchase, and such book shall at all reasonable times be open to the inspection of the Mayor, Chief of the Bureau of Licenses, any police officer or magis- trate of The City of New York, or any person duly author- ized, in writing, for such purpose by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 23.) § 336. No junk dealer shMl carry on business at any other place than the one designated in the license therefor, or shall continue to carry on business after such license is suspended or revoked or expired. (Id., sec. 24.) § 337. No junk dealer shall purchase any goods, article or thing whatsoever from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, or from any person or persons whatsoever, between the set- ting of the sun and the hour of seven o'clock in the morning. (Id., sec. 25.) § 338. If any goods, article or thing whatsoever shall be advertised in any newspaper printed in The City of New York as having been lost or stolen, and if the same, or any answering to the description advertised, or any part or por- tion thereof, shall be or come in the possession of any junk dealer, such dealer shall give information thereof, in writing, to the Chief of Police and state from whom the same was received, and every junk dealer who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any per- son duly authorized, in writing, by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 20.) 80 CODE OF ORDINA^XES OF THE CITY OF NEW YORK. § 339. No junk dealer while licensed as such, shall be licensed as pawnbroker or dealer in second-hand articles in The City of New York. (Id., sec. 27.) § 340. Any vehicle in the streets or any vessel in the waters of The City of New York, used for the purpose of collecting- junk, rags, old rope, paper, bagging, old iron, brass, copper, tin, empty bottles, slush or lead, shall be deemed respectively a junk cart or junk boat, and every junk cart or junk boat shall show on each outside thereof the words " junk cart " or " junk boat," together with the figures of its official number, and no person shall do such collecting in any other way or manner than as aforesaid. (Id., sec. 28.) YII. Dealers in Second-Hand Articles. § 341. Any one dealing in the purchase and sale of second- hand furniture, metal, clothes or other articles shall be deemed to be a dealer in second-hand articles, and every such dealer in second-hand articles shall give a bond to The City of New York with sufficient surety, approved by the Mayor or Chief of the Bureau of licenses, in the penal sum of $100, conditioned for the due observance of all municipal ordinances. (Id., sec. 29.) Such an ordinance should be strictly construed as it limits per- sons in graining a livelihood. Where a person who kept a book shop sold second-hand books as an incident thereto, held in Illinois not to be a " dealer in second-hand goods." Eastman vs. Chicago, 79 111. 178. § 342. Every dealer in seco:^d-hand articles shall keep a book in which shall be legibly written, at the time of every purchase, a description of every article so purchased, the name and residence of the person from whom such purchase was made and the day and hour of such purchase, and such book shall at all reasonable times be open to the inspection of the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any person duly authorized, in writing, for such purpose by any of said authorities, and who shall exhibit such wrritten authority to such dealer. (Id., sec. 30.) § 343. No dealer in second-hand articles shall carry on business at any other place than the one designated in the license thereof or shall continue to carry on business after such license is suspended or revoked or expired, (id., sec. 31.) § 344. No dealer in second-hand articles shall purchase any goods, articles or thing whatsoever from any minor, apprentice or servant, knowing or having reason to believe the seller to be such, or from any person or persons what- soever, between the setting of the sun and the hour of seven o'clock in the morning. No article or thing, except wooden furniture, stoves and kitchen utensils purchased in the way of business, shall be sold or disposed of by any dealer in second-hand articles until the expiration of one month after such purchase, and CODE OF ORDINANCES OF THE CITY OF NEW YORK. 81 no such dealer shall receive any article by way of pledge or pawn. (Id., sec. 32.) § 345. If any goods, article or thing whatsoever shall be advertised in any newspaper printed in The City of New York as having been lost or stolen, and if the same, or any answering to the description advertised, or any part or por- tion thereof, shall be or come in the possession of any dealer in second-hand articles, such d^ler shall give information thereof, in writing, to the Chief of Police and state from whom the same was r^eived, and every dealer in second- hand articles who shall have or receive any goods, article or thing lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same, on demand, to the Mayor, Chief of the Bureau of Licenses, any police officer or magistrate of The City of New York, or any person duly authorized, in writing, by any of said authorities, and who shall exhibit such written authority to such dealer. (Id., sec. 33.) § 346. No dealer in second-hand articles, while licensed as such, shall be licensed as pawnbroker or junk dealer in The City of New York. (Id., sec. 34.) YIII. Peddlers. § 347. Any person hawking, peddling, vending or selling merchandise in the streets of The City of New York shall be deemed to be a peddler, and shall be classified as follows: A peddler using a horse and wagon, a peddler using a push cart, and a peddler carrying merchandise in business; but the selling of newspapers or periodicals in the street is not hereby regulated in any way. (Ord. app. May 22, 1899, sec. 35.) Ordinance requiring- a license for peddlers sustained. Villag-e of Ballston Spa vs. Markham, 58 Hun, 238. As to power imposed on Mayor to issue a license, see Bradley vs. Rochester, 54 Hun, 140. All statutes regulating: hawking and peddling must be strictly con- strued. Village of Stamford vs. Fisher, 140 N. Y, 187. Ordinance restricting peddling to certain hours is not unconstitutional. City of Buffalo vs. Schleifer, 2 Misc. 216, 51 St. Rep. 58, 21 N. Y. Supp. 913. An ordinance restricting peddling at public markets sustained. Village of Buffalo vs. Webster, 10 Wend. 100. As to peddling milk, see People ex rel. Larabee vs. Mulholland, 82 N. Y, 324. Where a license is required and none is taken out, the peddler cannot recover the price of his goods. Best vs. Bauder, 29 How. Pr. 489. § 348. Any vehicle used in peddling shall show on each outside thereof the words " Licensed Peddler," together with the figures of its official number, and any peddler duly licensed to use a horse and wagon may employ two persons and no more to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler. Any person owning or operating a farm in The City of New York and selling in the streets of said city produce raised on such farm shall not be deemed a peddler within the meaning of this ordinance. Any such person may make 6 82 CODE OF ORDINANCES OE THE CITY OF NEW YORK. application to the Bureau of Licenses upon affidavit setting* forth sufficient facts to entitle him to this exemption, and thereupon shall receive a certificate thereof. (Id., sec. 36.) IX, Ticket Speculators. § 349. Any person selling- or offering to sell in any street of The City of New York ,any ticket of admission to any public place of amusement for any price shall be deemed a ticket speculator, and no ticket speculator shall sell or offer for sale nor shall any tickets of admission be sold on the sidewalk in front of the entrance to any place of amuse- ment. (Id., sec. 37.) § 350. No ticket speculator shall deceive any purchaser by misstating or misrepresenting what is secured to the pur- chaser by the ticket sold, under a penalty of not less than two dollars nor more than twenty-five dollars for each offense. X. Coal Scalpers. § 351. Any person who shall sell, peddle or vend any order or permit in relation to the freighting of coal by canal boat wdthin The City of New York, or offer to do so, shall be deemed to be a coal scalper, and shall give a bond to The City of New York, with two or more sufficient sureties, to be approved by the Chief of the Bureau of Licenses, in the penal sum of $2,500, conditioned for faithful compliance with municipal ordinances. (Id., sec. 39.) XI, Common Shows. § 352. A common show shall be deemed to Include a carousel, Ferris wheel, gravity steeplechr.se, chute, scenic cave, bicycle carousel, scenic railway, striking machines, switchback, merry-go-round, puppet show, ball game, and all other shows of like character, but not to include games of baseball, or to authorize gambling or any games of chance. (Id., sec. 40.) The power to regrulate common shows is found in section 51 of the charter. While different kinds of shows are enumerated in the ordinance, this does not exclude other shows which contain the same g-eneral elements of public exhibition such as are usually- conducted on the stage for the benefit and amusement of the public. Mayor, etc., of N. Y. vs. Eden Musee American Co. (Ld.), 102 N. Y. 593; Thurber vs. Sharp, 13 Bar. 627; Society for Reforma- tion of Juvenile Delinquents vs. Newbosch, 16 Week. Dig. 349. And where a license is required and performances are successively given without one, injunction lies. Society for Reformation of Juvenile Delinquents vs. Diers, 10 Abb. Pr., N. S., 216. Where as incidental to selling a book on gambling, an exhibition was given, held not to require a license as the exhibition was not the main object. People vs. Royal, 23 App. Div. 258. Where a license is required, and the Mayor has power to " grant such licenses," he cannot refuse to do so arbitrarily. Matter of O'Rourke, 9 Misc. 564. XIT. Shooting Galleries. § 353. Any shooting gallery in a place open to the public and not othervdse licensed shall be deemed to be included CODE OF ORDINANCES OF THE CITY OF NEW YORK. 83 within the terms of this ordinance, and every Ivjeeper of a public shooting" gallery shall maintain good order and allow no person under sixteen years of age to shoot therein. (Id., sec. 41.) XIII. Bowling Alleys. § 354. Any bowling alley in a place open to the public and not otherwise licensed shall be deemed to be included within the terms of this ordinance, and every keeper of a public bowling alley shall maintain good order and allow no person under sixteen years of age to bowl therein. (Id., sec. 42.) XIV. Billiard Tables. § 355. Any pool or billiard table in a place open to the public and not otherwise licensed shall be deemed to be included within the terms of this ordinance, and every keeper of a public place where there are pool or billiard tables shall maintain good order and allow no person under sixteen years of age to play therein, fid., sec. 43, as amd by ord. app. March 7, 1904.) XV. Dirt Carts and Cartmen. § 356. Every vehicle of whatever description, excepting such as shall have painted thereon, on each side, the name and address of the ovmer thereof in plain letters and figures of at least three inches in length, used in carting or trans- porting dirt, sand, gravel, clay, paving stones, ashes, garbage or building rubbish within The City of New York shall be deemed a dirt cart. Every such vehicle of whatever descrip- tion, whether or not described as a dirt cart, shall be fur- nished with a good and tight box, whereof the sides, forepart and tailboard shall be at least eighteen inches high, and of sufficient capacity to contain not less than twelve cubic feet, and shall be securely covered when loaded, so as to pre- vent the contents from being scattered upon the streets. (Id., sec. 44.) § 357. Every dirt cart shall show on each outside thereof the words " Dirt Cart " or the letters " D. C," together with the figures of its official number. (Id., sec. 45.) XVI. Exterior Hoists. § 358. No person shall hoist anj'^thing whatsoever on the outside of a building from the street into any loft or lower anything on the outside thereof by any means without a license or permit therefor, and giving an indemnity bond to The City of New York, with sufficient surety, approved by the Mayor or Chief of the Bureau of Licenses. (Id., sec. 46.) § 359. Any one generally engaged in such a business shall take out a general license or permit, and any one so hoisting in front of certain premises only shall take out a special license or permit therefor. (Id., sec. 47.) 84 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 360. It shall be the duty of any person, while engaged in such koisting or lowering over any sidewalk, roadway or public place to give warning thereof by two conspicuous signs displaying the word " Danger," in letters at least six inches long. (Id., sec. 48.) Article IV. — Stands Within the Stoop Lines and Under Elevated Railroad Stations. § 361. No person shall have or use any bootblack stand outside of any building in The City of New York, and there shall be no booth or stand erected or maintained wdthin the stoop lines of any building or under the stairs of the elevated railroad stations in The City of New York without first pro- curing a license therefor, as hereinafter provided; and any person so doing shall be deemed guilty of a misdemeanor, and upon conviction before any magistrate shall be fined by said magistrate not less than two dollars or more than ten dollars for each offense, and in default of payment of such fine may be committed to prison by such magistrate until the same be paid; but such imprisonment shall not exceed ten days. (Ord. app. April 15, 1902, sec. 1.) Section 50 of the Greater New York Charter, L. 1901, ch. 466, pro- vides as follows: " The Board of Aldermen shall not have power to authorize the placing or continuing of any encroachments or obstruction upon any street or sidewalk, except the temporary occupation thereof during the erection or repairing of a building on a lot opposite the same, nor shall they permit the erection of booths and stands within stoop lines, except for the sale of news- papers, periodicals, fruit and soda water, and with the consent in such cases of the owner of the premises." It then provided no special ordinances should be passed, but that all ordinances should be general. Stands within the stoop lines were first authorized by ch. 418, Laws 1887, and ch. 115, Laws 1888, for the sale of newspapers, periodicals, fruit and soda water. These acts amended subdivision 3 of section 86 of the Consolidation Act. L. 1882, ch. 410. By ch. 718 of Laws 1896, this was further amended so as to include boot- blacks. The original charter of 1897 (sec. 49), omitted boot-black stands among those allowed, and by the revision of 1901 (supra), boot-black stands were further omitted from the list of stands permitted. The charter therefore omitted the old provisions of the Consoli- dation Act, as amended in 1896, which authorized boot-black stands, but held, in People ex rel. Pumpkyansky vs. Keating, 168 N. Y. 390, such omission was not a repeal. The Common Council may authorize stands within the stoop line. People ex rel. Weeks vs. New York, 1 N. Y. Supp. 95; and around the public markets. Ely vs. Campbell, 59 How. Pr. 333. The right of the public to the use of the highway from " side to side and end to end " is well established from the earliest reported cases under the common law to the present time, and while this right of the public is preserved by section 50 in general, stHl stands may be lawfully permitted within the limits prescribed. People vs. Keat- ing, supra. The legislature, by virtue of its general control over streets and highways, has the power to authorize structures in the streets for the convenience of business that otherwise and under the common law would be held to be encroachments and obstruc- tions. This power it may delegate to the governing body in a municipal corporation. Hoey vs. Gilroy, 129 N. Y. 132. It is essen- tial that the owner of adjoining premises should consent, as other- wise the stand would be a nuisance as to him. CODE OF ORDINANCES OF THE CITY OF NEW YOEK. 85 § 362. All licenses for bootblacks and stands within stoop lines or under the stairs of the elevated railroad stations in The City of New York shall be granted by authority of the Mayor, and issued by the Bureau of Licenses, for a term of one year from the date thereof, unless sooner suspended or revoked by the Mayor or the Chief of said Bureau, with the approval of the Mayor; and no person shall be licensed except a citizen of the United States or one who has regularly declared intention to become such citizen, and the time to obtain such full citizenship has not yet elapsed. (Id., sec. 2.) § 363. Stands within stoop lines may be permitted and licensed, with the consent of the ov^oier of the premises and the consent of the Alderman of the district in which said stand is to be located, for the sale of newspapers, periodicals, fruits and soda water and the blacking of boots, and no bootblack stand shall be provided with more than three chairs. All such stands shall be classified, and the annual license fees therefor shall be fixed and collected as specified in the schedule following: Stands for the sale of newspapers, periodicals or both, five dollars; stands for the sale of fruits or soda water or both, ten dollars; stands for the sale of newspapers, periodicals or both, and in addition also fruits or soda water or both, fifteen dollars; bootblack stands, each chair, five dollars. (Id., sec. 3.) § 364. Every such stand must be strictly within the stoop line and shall not be an obstruction to the free use of the sidewalk by the public, and shall not exceed the space of six feet long by four feet wide, except that in the case of boot- black stands a space not more than three feet wide and four feet long may be occupied by each chair of such stand. The construction and erection of all stands permitted by this ordinance shall be at the expense of the applicant and under the direction of the President of the Borough in which said stand is located. No person shall be permitted to sleep in any portion of the structure or hold more than one license. The Mayor, or Chief of the Bureau of Licenses, shall have power to transfer a permit or license to another location for the period of its unexpired term; provided, however, that the application for such transfer shall be accompanied by the written revocation of the owner's consent previously given therefor, by the consent of the owner of the premises to which the proposed transfer is to be made and by the consent of the Alderman of the district in which said premises are located. (Id., sec. 4.) § 365. Any person desiring to erect a stand or booth underneath the stairs of any of the elevated railroad stations in The City of New York for the sale of newspapers and periodicals shall file in the Bureau of Licenses an application, having indorsed thereon the consent of the Alderman or of the Local Board of Improvements of the districts in which said stand or booth is located, in which the applicant shall specify 86 CODE OF ORDINANCES OF THE CITY OF NEW YORK. the location desired for such stand, and no such stand or booth or any projection therefrom shall, be erected which is wid^r than the width of the stairs under which it is placed or which extends along" the sidewalk a greater distance than to a point where the under surface of the stairs is not over seven feet from the level of the sidewalk; and said stand shall be constructed, erected and maintained at the expense of the applicant and under the direction of the President of the Boroug-h in which such stand is located, upon plans to be approved by the chief engineer of the elevated railroad company affected, so as to permit of a ready removal of so much thereof as may be necessary to enable the said company, its agents or employees, to get convenient access to any part of the said stairways for the inspection, painting or repairing thereof, and shall be painted the same color as the stairs of the elevated railroad, and no advertisement shall be painted or displayed thereon. (Id., sec. 5.) Althoug-h there is an ordinance permitting such permits the present charter contains no direct authority for issuing the same. It has been held that stands under the stairs of the elevated rail- road maintained with the city's consent are not illegal under sub- division 3, section 86 of the Consolidation Act as amend. L. 1896, eh. 718 (People ex rel. Simmons vs. New York, 20 Misc. 189), and also held that the power granted to the city authorities to allow such stands in 1896 was not repealed by the Greater New York Charter. People ex rel. Pumpyansky vs. Keating, 168 N. Y. 390. § 366. Every license granted pursuant to the foregoing section shall contain th£ follovsdng reservation: "It is ex- pressly agreed and understood that this permit is given subject to the right of the elevated railway company affected, its agents, employees, successors or assigns, or the owner of said stairway, at any time properly to inspect, paint, repair, renew, reconstruct or remove said stairway or any jwrtion thereof, and without claim on the part of said licensee as against said company, its agents, employees, successors or assigns, or the owner of said stairway, for damages to or interference with said booth or stand, or the business therein conducted, occasioned by such inspection, painting, repair, renewal, reconstruction or removal. (Id., sec. 6, with verbal change.) § 367. The licensee shall pay for such a stand or booth underneath the stairs of the elevated railroad stations, the annual license fee of ten dollars. (Id., § 7.) § 368. The official license for any stand or booth must be displayed thereon, so as to be easily visible at all times. (Id., sec. 8.) § 369. In the event of a refusal by any Alderman of the consent required by the foregoing sections 363, 364 and 365, the applicant for license or transfer may present his applica- tion to the Board of Local Improvements of the district in which the proposed stand is to be located, and by a vote of a majority of the members elected, the consent of the said board may be substituted for that of the Alderman. In case an Alderman fails to give his consent as aforesaid within CODE OF ORDINANCES OF THE CITY OF NEW YORK. 87 ten days after he has received the application for license or transfer, such failure shall be deemed to be a refusal within the meaning of this section. (Id., § 9.) § 370. The Chief of the Bureau of Licenses shall have the power to hear and determine complaints against any of the licensees hereunder, and impose a fine of two dollars for any violation of the regulations herein provided, and, subject to the approval of the Mayor, shall have power to suspend the license pending payment of such fine. All such fines when collected shall be paid into the Sinking Fund for the Redemption of the City Debt. (Id., sec. 10.) § 371. The Chief of the Bureau of Licenses of The City of New York shall furnish to the Police Board of said city a list of unexpired licenses and permits, such list to contain the names of the persons to whom licenses were issued, the place and business for which issued, and the date of expira- tion of such license or permit, and thereafter, during the first week of each month, the said Police Board shall send to the captains of police of the various precincts of The City of New York a list of licenses and permits granted affecting their respective precincts, with the names of persons to whom granted, location of stand or business, and date of expiration of such permit or license, and also a list of all licenses or permits expiring the month for which the report is sent. (Ord. app. Dec. 24, 1901.) § 372. Upon a written revocation by the owners in front of or adjoining whose property any such booth (or) stand shall have been erected, of any consent which shall have been gfiven therefor, signed by such owner or owners and filed in the office of the Mayor, it shall be the duty of the Mayor to revoke the license or permit for such booth or stand and the same shall thereupon cease, determine and become null and void. (R. O. 1897, sec. 676, with verbal changes.) Title 3. — General Regulations and Complaints. § 373. All license fees received by the Bureau of Licenses shall be regularly paid over to the City Treasury, except the license fees received from hackmen, dealers in junk and second-hand articles, and for stands within stoop-lines, which shall be paid into the Sinking Funds for the Redemp- tion of the City Debt. (Ord. app. May 22, 1899, sec. 56.) § 374. The Mayor shall have power to appoint inspectors In the Bureau of Licenses to see that the provisions of this ordinance are fully and properly complied wdth; and all licensed vehicles and places of business shall be regularly inspected, and the result of such inspection shall be indorsed on the official license therefor, together with the date of inspection and the signature of the inspector, and all inspec- tions shall be regularly reported to the Bureau of Licenses. (Id., sec. 57.) 88 CODE OF OEDINAKCES OF THE CITY OF NEW YORK. § 375. Every licensee shall have the official license and exhibit the same upon the demand of any person; and shall report within three days to the Bureau of Licenses any change of residence or place of business; and shall at all times perform the public duties of the business licensed when called upon so to do, if not actually unable. (Id., sec. 58.) § 376. All words, letters and numbers hereinbefore pre- scribed for licensed vehicles shall be shown permanently and conspicuously on each outside thereof in colors con- trasting- strongly with background, and not less than two inches high, as directed and approved by the Mayor or Chief of the Bureau of Licenses, and shall be kept legible and plainly visible at all times during the term of the license; and shall be obliterated or erased upon change of ownership or expiration of the license; and no person shall have or use any vehicle with words, letters or numbers thereon like those herein prescribed for licensed vehicles without being duly licensed therefor. (Id., sec. 59.) § 377. Every licensed hackman, whenever with a hack or waiting for employment anywhere in The City of New York; every licensed peddler while peddling; every person while using a licensed junk cart or boat, and every licensed ticket speculator while acting as such, shall wear conspicuously on the left breast of the outer coat a metal badge, of a shape, size and style approved by the Mayor or Chief of the Bureau of Licenses, and furnished by said Bureau, having engraved or embossed thereon the official designation and number of the license, together with the words " New York City." (Id., sec. 60.) § 378. The Chief of the Bureau of Licenses, or Deputy Chief, shall have power to hear and determine complaints against licensees hereunder and impose a fine of not more than five dollars or less than one dollar for any violation of the regulations herein provided, subject to the approval of the Mayor, who shall have power to suspend the license pending payment of such fine. All such fines, when col- lected, shall be paid into the Sinking Fund for the Redemp- tion of the City Debt. (Id., sec. 61.) Title 4. — Violations. § 379. Except as hereinbefore otherwise provided, no per- son shall violate any of the regulations of this ordinance under a penalty of not less than two dollars or more than ten dollars for each offense. No such violation shall be continued under a penalty of one dollar for each day so continued. Any person engaging in or carrying on any busi- ness herein regulated without a license therefor, or any person violating any of the regulations of this ordinance, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof by any magistrate, either upon confession of the party or competent testimony, may be fined not more CODE OF ORDINANCES OF THE CITY OF NEW YORK. 89 than two dollars ($2) for each offense, and in default of pay- ment of such fine may be committed to prison by such mag- istrate until the same be paid; but such imprisonment shall not exceed ten days. (Id., sec. 62, as amended April 7, 1900.) It should be noted that this provision provides the penalty for all sections in chapter 7, beginning with section 300, to section 378, inclusive. Two separate remedies are authorized, one a suit in a civil action to recover a penalty, the other a criminal proceeding before a City Magistrate for a misdemeanor, where a fine may be imposed. Chapter 8. — Weights and Measures. § 380. There shall be a Mayor's Bureau of Weights and Measures in The City of New York, in charge of an Inspector of Weights and Measures, to be appointed by the Mayor and removable by him at his pleasure, who shall be paid a salary of $2,500 per annum. The Sealers and Inspectors of Weights and Measures shall hereafter be known as Deputy Inspectors of Weights and Measures, and they and their successors shall each receive a salary of $1,500 per annum and be removable by the Mayor at pleasure. (Ord. app. March 18, 1904, sec. 1.) The old ordinance covering this general article was approved May 31, 1898. Section 49 of the Greater New York Charter gives the Board of Aldermen power to enact ordinances: "1. In relation to the inspection and sealing of weights and measures by vendors." Such power held valid. People ex rel. Gould vs. City of Rochester, 45 Hun, 102. But no fees could be demanded for weighing unless specially authorized by legislature. Ford vs. N. Y. Central R. R. Co., 33 App. Div. 474. See People vs. Edelstein, 91 App. Div. 447. § 381. The present Sealers and Inspectors of Weights and Measures shall continue to hold office as Deputy Inspectors of Weights and Measures. Any vacancy which shall here- after occur shall be filled by appointment by the Mayor, (id., sec. 2.) § 382. Said Inspector and each of said Deputy Inspectors of Weights and Measures shall, before entering upon the duties of his office, execute to The City of New York a bond, with one or more sufficient sureties to be approved by the Mayor, in the penal sum of $2,000, conditioned for the faith- ful performance of the duties of his office. (Id., sec. 3.) § 383. All persons using weights and measures, scale beams, patent balances, steelyards or any other instrument in weighing or measuring any article intended to be pur- chased or sold in The City of New York, shall cause the same to be sealed and marked by a Deputy Inspector of Weights and Measures of said city. (Id., sec. 4.) § 384. Any person who shall, in weighing or measuring any article for purchase or sale within The City of New York, use any weight, measure, scale beam, patent balance, steelyard or other instrument not sealed and marked as herein required, shall forfeit and pay the sum of fifty dollars for each and every offense. (Id., sec. 5.) § 385. All weights, measures, scale beams, patent bal- ances, steelj^ards and other instruments for weighing, to bQ 90 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. sealed and adjusted by a Deputy Inspector of Weights and Measures in The City of New York, shall be made to conform to the standard of the State, and shall be marked by him with the initials of his name and the date on which the same shall be sealed and marked. " Upon the written request of any resident of The City of New York, the Inspector of Weights and Measures shall test or cause to be tested, within a reasonable time after the receipt of such request, the weights, measures, scale beams, patent balances, steelyards or other instruments used in buying or selling by the person, firm or corporation desig- nated in such request." (Id., sec. 6.) § 386. If any person shall use, in The City of New York, in w^eighing or measuring, as aforesaid, any w^eight, measure, scale beam, patent balance, steel yard or other instrument, which shall not conform to such standard, or shall use in weighing aforesaid, any scale beam, patent balance, steel- yard or other instrument which shall be out of order or incorrect, or which shall not balance, he, she or they shall forfeit and pay for every such offense the sum of twenty- five dollars. (Id., sec. 7.) In a suit to recover the penalty where only one section was in evidence, held the previous sections of the ordinance must be introduced in evidence to show what was the meaning of the words "aforesaid" and "such standard." City of N. Y. vs. Spatz, 85 N. Y. Supp. 353. This ordinance is aimed at the use of a defective weight and not at an intentional alteration. Proof of guilty intent is not required. City of N. Y. vs. Hewitt, 91 App. Div. 446. § 387. The Inspector shall keep a register of the name of each person, firm or corporation whose weights, measures, scale beams, patent balances, steelyards or other instru- ments have been inspected, together with the number and size of same, and what of each was approved and what con- demned, with the date of inspection, and such record shall be open to the inspection of the public at all reasonable times. (Id., sec. 8.) § 388. No person shall sell or offer for sale in any market or in the public streets or in any other place in The City of New York any fruits, vegetables or berries in crates, bas- kets or other measures, or any butter in prints, or any ice or coal or other fuel at or for a greater weight or measure than the true measure thereof; and all ice, coal, coke, meats, poultry and provisions (except vegetables sold by the head or bunch) of every kind, sold in the streets or elsewhere in The City of New York, shall be weighed or measured by scales, measures or balances, or in measures duly tested and stamped by the. Inspector or Deputy Inspectors of Weights and Measures; provided that poultry may be offered for sale and sold in other manner than by weight, but in all cases where the persons intending to purchase shall so desire and request poultry shall be weighed as herebefore provided. (Id., sec. 9.) § 389. Any weights or scales found by the Deputy Inspector in use in anjr market or in the public streets, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 91 which upon being tested are found to be short in weight by one-quarter of a pound or upwards, may be summarily con- fiscated and destroyed. (Id., sec. 10.) By the provisions of the Penal Code, sections 582-584, power was given peace officers to seize any false weights and measures and deliver the same to a magistrate who should test the same by com- parison with standards comformable to law, and if found to be false, the magistrate could destroy them or turn them over to the District Attorney to be used as justice should require. § 390. No person shall sell or supply any coal or coke within the limits of The City of New York, unless there shall be delivered to the person in charge of the wagon or conveyance used in such delivery a certificate duly signed by the person selling such fuel, showing the weight of the fuel proposed to be delivered, the weight of the wagon or conveyance used in such delivery, the total weights of fuel and conveyance and the name of the purchaser. (Id., sec. 11.) This and the next section are taken from the State law on the subject. See L,. 1900, ch. 327, art. 10, sec. 150, 151. That such an act is valid is unquestionable. Where it was required to have coal weighed by city weighers, the requirement was held not to be void as in restraint of trade or unreasonable. Stokes vs. Corporation, 14 Wend. 87. § 391. No person in charge of a wagon or conveyance used in delivering coal, coke or other fuel, to whom the certificate mentioned in the previous section has been given, shall neglect or refuse to supply such certificate to the Inspector or Deputy Inspector of Weights and Measures, or to any person designated by either of them, or to the purchaser or intending purchaser of the fuel being deliv- ered; and when the said officer or person so designated, or the intending purchaser, shall demand that the weight shown by such certificate be verified, it shall be the duty of the person delivering such fuel to convey the same forth- with to some public scale in the district, or to any private scale the owner whereof shall consent to such use and per- mit the verifying of the weight shown, and shall after the delivery of such fuel return forthwith with the wagon or conveyance used to the same scale and verify the weight of said wagon or conveyance. (Id., sec. 12.) § 392. It shall be the duty of the Deputy Inspectors of Weights and Measures, and each of them is hereby author- ized, to inspect, examine, test and seal, at least once in each year, and as much oftener as the Inspector of Weights and Measures may deem proper, the weights, measures, scale beams, patent balances, steelyards and other instruments used in The City of New York in weighing and measuring as aforesaid. (Id., sec. 13.) § 393. No person shall refuse to exhibit any weights, measures, scale beams, patent balances, steelyards or other instruments to any of said Inspectors for the purpose of being so inspected and examined, under the penalty of twenty-five dollars for every such offense. (Id., sec. 14.) § 394. No person shall in any way or manner obstruct, hinder or molest any Inspector of Weights and Measures in 9^ CODE OF OEDINANCES OF THE CITY OF NEW VORK. the perf orinance of his duties as hereby imposed upon him, under a penalty upon every such person of twenty-five dol- lars for every such offense. (Id., sec. 15.) § 395. All weights, scale beams, patent balances, steel- yards and other instruments used for weighing shall be inspected and sealed at the stores and places where the same may be used; but in case they or any of them shall be found not to conform to the standard of this State, the owner thereof shall within five days, at his expense, have the same so altered and repaired as to conform it to the said standard of the State, under the penalty of ten dollars for such neglect. (Id., sec. 16.) § 396. It shall be the duty of each of the said Inspectors to make a record and certificate as hereinafter provided of all the weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing and measuring inspected by him, in which he shall state the names of the owners of the same, and whether they are conforming to the standard of the State. (Id., sec. 17.) § 397. It shall be the duty of the Deputy Inspector of Weights and Measures to report promptly to the Inspector of Weights and Measures the names of all persons whose weights, measures and other instruments for weighing and measuring shall be found to be incorrect. (Id., sec. 18.) § 398. It shall also be the duty of said Deputy Inspectors to file monthly reports with the Inspector of Weights and Measures, and to make such other and further reports and keep such further records as may be required from time to time by said Inspector. (Id., sec. 19.) § 399. It shall be the duty of the Inspector of Weights and Measures to report forthwith to the Corporation Coun- sel the names and places of business of all persons violating any of the provisions of this chapter, and of all persons making use of any fraudulent or unsealed weights, measures, scales or other instruments for weighing or measuring. (Id., sec. 20.) § 400. It shall not be lawful for the said Inspector or Deputy Inspector to vend any weights, measures, scale beams, patent balances, steelyards or other instruments to be used for weighing or measuring, or to offer or expose the same for sale in The City of New York, under the pen- alty of fifty dollars for every such offense. (Id., sec. 21.) § 401. Each Deputy Inspector shall give a certificate to the owner of the weights or measures inspected, and shall keep a record of such certificate given on a corresponding stub. The certificates and corresponding stubs shall be numbered consecutively. The books containing the stubs, after the corresponding certificates have been given out, shall become a public record. The Inspector shall be authorized, when required, to certify extracts from these records. (Id., sec. 22.) CODE OF OtlDINA^rCES Ol-' THE CITY OF KEW YOUK. 03 § 402. All complaints ag-ainst Deputy Inspectors of Weights and Measures shall be lodged with the Inspector of Weights and Measures, and by him reported, with his recommendation thereon, to the Mayor for his final action. (Id., sec. 23.) § 403. The Deputy Inspector shall be assigned for service by the Inspector to such district as he may deem, proper. Whenever any Deputy Inspector shall resign or be removed from office, it shall be his duty to deliver at the office of the Inspector of Weights and Measures all the standard weights and measures and other official property in his possession. (Id., sec. 24.) Chapter 9. — Cleaning Streets and Sidewalks. § 404. No person or persons shall throw, cast or lay, or direct, suffer or permit any servant, agent or employee to throw, cast or lay any ashes, offal, vegetables, garbage, dross, cinders, shells, straw, shavings, paper, dirt, filth or rubbish of any kind whatsoever in any street in The City of New York, either upon the roadway or sidewalk thereof, except that in the morning before eight o'clock or before the first sweeping of the roadway by the Department of Street Cleaning, in the Boroughs of Manhattan, Brooklyn and The Bronx, dust from the sidewalk may be swept into the gutter, if there piled, but not otherwise, and at no other time. The wilful violation of any of the foregoing provisions of this section shall be and is hereby declared to be a mis- demeanor, and shall be punished by a fine of not less than one dollar nor more than ten dollars, or by imprisonment for a term of not less than one nor more than five days. (Ord. app. Aug. 6, 1902, sec. 1.) § 405. No persons other than an authorized employee or agent of the Department of Street Cleaning, or the Bureau of Street Cleaning in the Boroughs of Queens or Richmond, shall disturb or remove any ashes, garbage or light refuse or rubbish placed by householders, or their tenants, or by occupants or their servants, within the stoop 'or area line, or in front of houses or lots, for removal, unless requested by residents of house. (Id., sec. 2.) § 406. All persons and corporations engaged in sprinkling the streets, lanes or highways of The City of New York shall be required to contract with the Commissioner of Water Supply, Gas and Electricity for the purchase and sale of the water necessary therefor, and obtain the approval of the President of the Borough to such contract, but in no case shall there be contracted for or used more water than shall be sufficient to thoroughly lay the dust on such streets, lanes and highways. Every street railroad corporation in the Boroughs of Richmond and Queens shall sprinkle the pavement between its tracks and rails when and as often as directed so to do 94 CODE OF ORDINANCES OF THE CITY OF NEW YORK. by the Superintendent of Highways. Water shall be fur- nished for this purpose free of charge by The City of New York. (Id., sec. 3.) § 407. No one being the owner, driver, manager, or con- ductor of any cart or other vehicle, or of any receptacle, shall scatter, drop or spill, or permit to be scattered, dropped or spilled, any dirt, sand, gravel, clay, loam, stone or building rubbish, or hay, straw, oats, sawdust, shavings or other light materials of any sort, or manufacturing, trade or household waste, refuse, rubbish of any sort, or ashes or manure, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off therefrom by the wind, in or upon any street, avenue or public place. (Id., sec. 4.) § 408. No person shall throw, cast or distribute in or upon any of the streets, avenues or public places, or in front yards or stoops, any hand bills, circulars, cards or other advertising matter whatsoever. (Id., sec. 5.) § 409. Every owmer, lessee, tenant, occupant, or other person having charge of any building or lot of ground in the city, abutting upon any street, avenue or public place where the sidewalk is paved, shall, within four hours after the snow ceases to fall, or after the deposit of any dirt or other material upon said sidewalk, remove the* snow and ice, dirt or other material from the sidewalk and gutter, the time between nine P. M. and seven A. M. not being included in the above period of four hours; provided, however, that such removal shall in all such cases be made before the removal of snow and ice from the roadway by the Commis- sioner of Street Cleaning, or by the Borough President of Queens or Richmond, or subject to the regulations of said Commissioner of Street Cleaning or of said Borough Presi- dent of Queens or Richmond, for the removal of snow and ice, dirt and other material, except that in the Boroughs of Queens and Richmond any owner, lessee, tenant or occupant or other person who has charge of any ground abutting upon any paved street, avenue or public place for a linear distance of 500 feet or more, shall be considered to have complied with this ordinance if such person shall have begun to remove the snow and ice from the sidewalk and gutter before the expiration of the said four hours, and shall con- tinue such removal and shall complete it within a reasonable time. (Id., sec. 6, revised by ord. app. March 23, 1903.) This is the so-called " snow and ice " ordinance. Section 690, R. O. 1897, required the removal to be within eight hours. Section 317 of oh. 8, R. O. 1880, only allowed four hours. The ordinance has been frequently amended, May 16, 1882; July 9, 1888, and March 18, 1902. The city is authorized to pass such a law as a police regula- tion, section 43, Greater New York Charter, and when within the power delegated to it by the legislature such an ordinance has equal force and effect as a statute of the legislature. Village of Carthage vs. Frederick, 122 N. Y. 268. Although a sidewalk be not flagged in its entire width, an owner must clean off the flagged portions. City of N. Y. vs. Brown, 27 Misc. 218. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 95 § 410. In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid, shall, vdthin the time specified in the last pre- ceding section, cause the sidewalk abutting on the said premises to be strewed with ashes, sand, sawdust, or some similar suitable material, and shall, as soon thereafter as the weather shall permit, thoroughly clean said sidewalk. (Id., sec. 7.) § 411. Any and all contractors, or any other person or persons, no matter how termed, are hereby forbidden, restrained and are never to be permitted to dump, throw, empty, convey or cause to be conveyed for the purpose of dumping, any snow, ice or water in a vacant lot or tract of land, if such lot or tract of land be within a radius of 300 feet of a dwelling, factory, school, any public building or any place of business. (Ord. app. April 8, 1902.) § 412. No person shall throw, place or pile, or assist others in throwing, placing or piling any snow, ice or other impediment or obstruction to the running of the cars of any city railroad company, upon the tracks of such company, or in the space between the rails thereof, or in the space between the tracks, and a line distant three feet outside of such rails, under a penalty of ten dollars for each oifense. (Sec. 10 of article 6 of chapter 3, Brooklyn Ordinances.) § 413. Every person who shall throw, expose or place, or who shall cause or procure to be thrown, exposed or placed in or upon any street, highway or public place, except upon the curves, crossings or switches of railroad tracks, any salt, saltpetre or other substance for the purpose of dis- solving any snow or ice which may have fallen or been deposited thereon, shall be guilty of a misdemeanor. It shall not be lawful for any person to throw or place upon the curves, crossings or switches of railroad tracks any salt, saltpetre or other substance for the purpose of dis- solving snow or ice unless permission therefor be first obtained from the respective Borough Presidents. (R. O. 1897, sec. 693.) § 414. Whenever any owner, lessee, tenant, occupant or other person having charge of any building or lot of ground abutting upon any street or public place where the sidewalk is paved shall fail to comply with the provision of any ordi- nance of the city for the removal of snow and ice, dirt, or other material from the sidewalk and gutter in the street, on the side of the street on which such building or lot abuts, the Commissioner of Street Cleaning or the Borough President of Queens or Richmond may cause such removal to be made, meeting such expense from any suitable street cleaning or highway fund and thereafter the expense of such removal as to each particular lot of ground shall be ascer- tained and certified by the said Commissioner of Street 96 CODE OF ORD-INANCES OF THE CITY OF NEW YORK. Cleaning- or by the President of Queens or Richmond to the Comptroller or the city, and the Board of Estimate and Apportionment may authorize such additional expenditures as may be required for the said removal of such ice and snow, dirt, or other material, to be repaid to the fund from which the payments were made, or instead, in the Boroughs of Queens or Richmond to the special fund restoring and repaying in said boroughs, if the Presidents of these bor- oughs so elect, with proceeds from the issue and sale of revenue bonds which shall be sold by the Comptroller, as provided by law. The Commissioner of Street Cleaning or Borough Presi- dents of Queens or Richmond shall, as soon as possible, after the work is done, certify to the Corporation Counsel the amount of the expense chargeable against each piece of property. The Corporation Counsel is hereby directed and author- ized to sue for and recover the amount of this expense, together wath three (3) dollars penalty for each offense, and when so recovered the amount shall be turned over to the City Chamberlain to be deposited to the credit of the g-eneral fund of The City of New York for the redemption of taxation. (Ord. app. March 23, 1903, sec. 8.) § 415. It shall be the duty of the Commissioner of Street Cleaning and the Borough Presidents of Queens and Rich- mond, immediately after every snowfall or the formation of ice on the crosswalks or in the culverts or paved streets, avenues or public places, forthwith to cause the removal of said snow and ice from the said crosswalks and culverts, and to keep the crosswalks and culverts aforesaid clean and free from obstruction. (Id., sec. 9.) § 416. Every street railroad corporation shall remove all the snow and ice from its tracks and the spaces between, and shall not throw the same on either side thereof, and shall immediately carry away and dispose of the same under the direction of the Commissioner of Street Cleaning, or the Borough President of Queens or Richmond under a fine of $100 for every city block in length in which the said cor- poration shall fail to so remove and dispose of the same, as aforesaid; provided, however, that for the more speedy and effective removal of snow and ice from the paved streets, avenues and public places of the city, the Commissioner of Street Cleaning and the Borough Presidents of Queens and Richmond shall have power and authority in their respective boroughs to enter into agreements for the entire winter season, or part thereof, with any street surface railroad or other railroad having tracks in the city for the removal of snow and ice for the entire width of the street, avenue or public place, from house-line to house-line, at any part of the route of the said railroad, provided that nothing in said agreements shall be inconsistent with any law of the State CODE OF ORDINANCES OF THE CITY OF NEW YORK. 97 of New York or with any right of The City of New York. (Id., sec. 10.) § 417. It shall not be lawful for any surface railroad company or other company, or any corporation or person whatever, or the officers, agents or servants thereof, to cause or allow any snow plow, sweeping machine or other similar instrument to pass over the tracks or lines used by them within the limits of the city unless by the written per- mit of the Commissioner of Street Cleaning or the Borough President of Queens or Richmond; any violation of this sec- tion shall be punished by a fine not exceeding $100 for each such offense. No such permit or renewal thereof shall be granted except upon the condition and agreement upon the part of the com- pany applying for such permit or renewal that the party to whom the said permit has been granted shall and will, at his own expense, promptly remove and carry away the snow thrown up by such plow or machine, and that such snow plow, sweeping machine or other instrument shall be so constructed as not to throw any slush or snow upon the sidewalks or buildings, under a penalty of ten dollars for every house or sidewalk in front thereof upon which slush or snow shall be thrown. No such permit or renewal shall be gfranted unless the party to whom granted shall expressly covenant, stipulate and agree that in case of its failure, neglect or omission to promptly remove and carry away the snow and ice thrown up by such snow plow or other instrument, then the same may be removed under the direction of the Commissioner of Street Cleaning or the Borough President of Queens or Richmond, and the expense of removing the same shall be paid by the said party to the said commissioner or the Borough President of Queens or Richmond, on demand, and the Board of Estimate and Apportionment may authorize that the amount or amounts of money so paid shall be cred- ited to the appropriation for street cleaning, in the respect- ive boroughs, for the removal of snow and ice; but nothing herein contained shall be deemed to prohibit said Commis- sioner or Borough Presidents from demanding, before issu- ing said permit, and as a condition thereof, the deposit of such sum of money or other security as in their judgment may be necessary to pay the cost of properly performing the work above mentioned, together with the expense of the inspection thereof. In case of neglect or refusal or omission of the party to whom such permit may be granted promptly to remove and to carry away the snow and ice thrown up by such plow or other instrument, then the Commissioner of Street Cleaning or the Borough President of Queens or Richmond may forth- with cause the same to be removed at the public expense, and all expenditures made or incurred therefor shall be chargeable upon the party so neglecting, refusing* or omitr 7 98 CODE OF ORDINANCES OF THE CITY OF NEW YORK. ting to perform its agreement, and shall be recoverable by an action at law on behalf of The City of New York, and when so recovered shall be placed to the credit of the Department of Street Cleaning- or the Bureau of Street Cleaning in the Boroughs of Queens or Richmond, as the case may be, to supply the deficiency occasioned by such additional expenditure. (Id., sec. 11.) § 418. Any person violating any provision or regulation hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof by any magistrate, either upon confession of the party or competent testimony, may be fined for such offense any sum not less than one dollar and not exceeding three dollars, except as herein otherwise provided; and in default of payment of such fine may be committed to prison by such magistrate until the same be paid, but such impris- onment shall not exceed one day. (Id., sec. 12.) Chapter 10. — Sale, Use and Transportation of Explosives. § 419. Within thirty (30) days after the passage of this ordinance there shall be a Municipal Explosives Commission, which shall be constituted as follows: The said commission shall consist of five (5) members; the Fire Commissioner of The City of New York shall be ex officio chairman and a member of the said commission. The remaining four (4) members shall be appointed bj'- the Mayor, a.nd one of the said four (4) must be appointed from a list of ten to be submitted by the New Y'^ork Section of the American Chemical Society. The said commission shall hold office during the pleasure of the Mayor. (Ord. app. May 19, 1902, sec. 1.) See sec. 763, Greater New York Charter. Statutes concerning possession and transportation of gunpowder in a city are police regulations to prevent a nuisance. Foote vs. Fire Dept., 5 Hill, 99. See Cathcart vs. Fire Dept., 26 N. Y. 529. § 420. It shall be the duty of the said commission to formulate and adopt such regulations as in its judgment may be necessary to carry out the purpose of this ordinance, and from time to time to add to or in any way change or amend such regulations. The said regulations and the amendments thereto and any changes which shall be made therein shall be subject to approval by the Mayor, and, when so approved, shall be published by the Fire Commissioner in the City Record, and in such other manner as he shall deem necessary. (Id., sec. 2.) § 421. Said commission, hereby established, shall meet at the call of the Fire Commissioner for the consideration of all m.atters pertaining to this ordinance, and each member thereof shall receive a fee of ten dollars ($10) for attendance at each meeting. A majority of such commission shall consti- tute a quorum for the purpose of doing business. (Id., sec. 3.) § 422. No person, firm or corporation shall have, keep, sell, use, give away or transport any gunpowder, blasting powder, CODE OP ORDINANCES OF THE CITY OF NEW YORK. 99 gun cotton, dynamite, nitro-glycerine or any substance or compound or mixture or articles having" properties of sucli a character that alone or in combination or contiguity with other substances or compounds it may decompose suddenly and generate sufScient heat or gas or pressure, or all of them, to produce rapid flaming combustion, or administer a destructive blow to surrounding persons or things, within the corporate limits of The City of New York, excepting in the manner and upon the conditions herein provided, and under license issued by the Fire Commissioner under such regulations as the IMunicipal Explosives Commission shall prescribe. The said Fire Commissioner shall have power to revoke the license or licenses in case, in his judgment, there is an infraction of the provisions of this ordinance or of the regulations of the Municipal Explosives Commission. (Id., sec. 4.) Board has power to require as a license fee a sum reasonable in amount to defray expense of issuing- and recording license. Mayor vs. Miller, 12 Daly, 496. § 423. No licjensee shall employ any one in the use or care of explosives such as are used in blasting operations unless such person shall hold a certificate of fitness* issued to him by the Fire Commissioner under the regulations established by the Municipal Explosives Commission. (Id., sec. 5.) § 424. No gunpowder, blasting powder, dynamite, gun cotton, nitro-glyceriue or such other explosives as may be hereafter designated for prohibition under this ordinance by the Municipal Explosives Commission shall be manufactured, in the said city. (Id., sec. 6.) § 425. No holder of a license hereunder can avail himself of any of the privileges of the same until he shall have filed a bond with the said commissioner in the penal sum of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), to be approved by the Comptroller, the amount of the said bond to be determined by the regula- tions as prescribed by the Municipal Explosives Commission, said bond to be conditioned for the payment of any loss, damage or injury resulting to persons or property from explosions, and for the strict observance of this ordinance and the regulations made hereunder. (Id., sec. 7.) § 426. The Municipal Explosives Commission may, by a unanimous vote of its members, subject to the approval of the Fire Commissioner, provide for an increase of the amount of the bond to be filed with the said commissioner, in accordance with section 425 of this ordinance, to an amount not exceeding twenty-five thousand dollars ($25,000), said bond to be approved by the Comptroller, in accordance with section 425 of this ordinance. (Id., sec. 8.) § 427. In case of the violation of the provisions of this ordinance or regulations on explosives, even though no damage to persons or property be sustained, twenty (20) per cent, of said bond for the first infraction and the whole 100 CODE OF OKDINANCES OF THE CITY OF NEW YORK. amount for the second ofl'ense shall be forfeited therefor and paid over to and for the use and benefit of the Relief Fund of the Fire Department of The City of New York. (Id., sec. 9.) § 428. The commander, owner or owners of any ship or vessel arriving- in the harbor of New York, and having more than twenty-eig-ht (28) pounds of gunpowder or other explo- sive named in this ordinance on board shall, immediately upon arrival and before such ship or vessel shall approach nearer than 300 yards of the pier line of said city, give written notice to the Fire Commissioner of the fact that such explosives are on said vessel. And all vessels having on board or loading explosives exceeding twenty-eight (28) pounds shall cause to be displayed at the masthead nearest the land while remaining within the city limits a red flag at least five feet square, and no ship or vessel shall lie at the pier after sunset having more than twenty-eight (28) pounds of explosives without a permit from the said commissioner, said permit to be issued for not exceeding forty-eight (48) hours. (Id., sec. 10.) § 429. Nothing in this ordinance shall be construed to apply to any ship or vessel of war in the service of the United States or any foreign government while lying at a distance of 300 yards or upwards from the pier line of said city, nor to any ship or vessel of war in the service of the United States while lying in any part of the navy yard in the Borough of Brooklyn. (Id., sec. 11.) Chapter 11. I. The Discharge of Firearms, § 430. 'No person shall fire or discharge any gun, pistol, fowling piece or other firearms in The City of New York under the penalty of ten dollars for each offense. The pro- visions of this section shall not apply to Jones' Wood Colosseum, Washington Park, Hamilton Park, Bender's Schutzen Park, Bellevue Garden, Harlem Elver Park, Lion Park, Christ's Park, Knntz's Elm Park, National Park, Karl Park, Jerome Park, Fleetwood Park, Hudson River Park, Brien's Undercliff Park, High Bridge; the dock at the foot of One Hviudred and Fifty-fifth street. North river; and the property Ij-ing between One Hundred and Sixty-eight street, the Hudson river. One Hundred and Seventy-second street and the Kingsbridge road, while said property is used for the purpose of a rifle range by the *' Fort Washington Rifle Club," and no longer; grounds of Pilkington «fe Nagle, at Oak Point on the East river; grounds of the Metropolitan Base- ball Park, corner of First avenue and One Hundred and Seventh street; Manhattan Park, situated in One Hundred and Fifty-fifth street, two hundred feet west of Eighth avenue; Cosmopolitan Park, located on One Hundred and CODE OF ORDINANCES OF THE CITY OF NEW YORK. 101 Sixty-nintli street and Tenth avenue, near High Bridg-e; Zeltner's Park, located at the northeast corner of Third avenue and One Hundred and Seventieth street; St. Nicholas Park, located on One Hundred and Fifty-fifth street, between Eighth and Columbus avenues; Fort George Park, located on Amsterdam avenue, west side, between One Hundred and Ninety-fourth and One Hundred and Ninety-seventh streets; Eifle Range, located on the east side of Amsterdam avenue, between One Hundred and Eighty-seventh and One Hundred and Eighty-eighth streets: the Manhattan Field, on Eighth avenue, from One Hundred and Fifty-fifth street to One Hundred and Fifty-seventh street; the premises known as Manhattan Casino Park, situated on the north side of One Hundred and Fifty-fourth street, between Eighth avenue and Central Park, in the Borough of Manhattan; the meadow lands at the rear of the Speedway Clay Pigeon Club House and Sherman creek, at Two Hundred and Sixth street and the Harlem river, in the Borough of Manhattan; the grounds occupied by the Fox Hills Gun Club, on Vanderbilt avenue, Clifton, in the Borough of Richmond; the premises of Tony Eiser, on the northeast corner of One Hundred and Eighty- fifth street and Amsterdam avenue; the Berkeley Oval, on Burnside avenue, between Sedgwick avenue and Macomb's Dam road; the premises of Henry Martens, No. 1151 Stebbins avenue, known as Pioneer Park; the premises of Theobald Noll (Morrisiania Schuetzen Park), No. 1390 Boston avenue; the premises of Morris Dietsch, situated on the East river, adjoining the premises of the Oak Point Yacht Club (in the Twenty-third Ward), in the Borough of The Bronx; the grounds of the Columbia College Gun Club at Williamsbridge; the premises of the Washington Heights Club, One Hundred and Fifty-second street and Amsterdam avenue; the prem- ises of the Country Club of Westchester County, situated on Eastchester bay in the late town of Westchester, now New York city; the grounds of Mrs. M. W. Ditmar in Baychester; the grounds of the Kingsbridge Gun Club; the premises at the corner of Willow avenue and One Hundred and Twentj'^- ninth street in The City of New York; the grounds of the Melrose Shooting Club at the end of Beretto's Point; the grounds of Frank Strassburg, Broadway and Myers' road, Van Cortlandt, New York city; the premises of the Blue Rock Rod and Gun Club, at Southern Boulevard and One Hundred and Fifty-third street, in the Borough of The Bronx; the premises of the Ideal Rod and Gun Club, the Columbia Rod and Gun Club, and the Frog Inn Gun Club, in the former village of Springfield, Borough of Queens; the premises of the Queens County Gun Club, the Borough of Queens; the premises maintained by Antonio Lazzeri, as a shooting gallery at Rosebank, in the Borough of Richmond, the premises known as Gosman's Farm, Middleburgh avenue. Borough of Queens; the premises of the Craig Lea Rod and Gun Club, located on Craig Lea Island, Pelham Bay, in the 102 CODE OF ORDINANCES OF THE CITY OP NEW YORK. Borough of The Bronx; the premises of Frederick Lohbauer, known as Bay View Park, Pelham Bay, Throgg's Neck, West- chester, in The City of New York; the premises known as Nunley's Kailroad Hotel and Casino on Seaside Boulevard, South Beach, Staten Island; the premises of David Crabb, Linoleumville, Staten Island; Madison Square Garden, New York city; the grounds occupied by the Transit Kod and Gun Club, located near Lafayette avenue and The Bronx river. (R. O. 1897, sec. 721. Amend, by ord. app. May 1 and May 22, 1906, infra,) II. The Carrying of Loaded Firearms. § 431. Any person, other than a peace officer, who shall in any public street, highway or place within The City of New York, have or carry concealed upon his person any loaded pistol, revolver, or other firearm, without theretofore having been authorized, as hereinafter provided, to carry the same, shall be guilty of a minor offense, punishable by a fine not exceeding $250, or by imprisonment in a peniten- tiary or county jail for not more than six months, or by both. (Ord. app. Feb. 24, 1905, sec. 1.) § 432. Any person, except as provided in this ordinance, who has occasion to carry a loaded pistol, revolver or fire- arm for his protection, may apply to the officer in command at the station house of the precinct where he resides, and such officer, if satisfied that the applicant is a proper and law-abiding person, shall give the said person a recommenda- tion to the Police Commissioner, who may issue a permit to the said person allowing him to carry such loaded fire- arm. Any non-resident who does business in The City of New York and has occasion to carry a loaded pistol, revolver or firearm while in the said city, must make application for permission to do so to the officer in command at the station house of the police precinct in which he so does business, in the same manner as is required of residents of the said city, and shall be subject to the same conditions and restrictions. (Id., sec. 2.) § 433. If, at the time of the arrest, a loaded pistol, revolver or firearm of any description shall be found concealed on the person of any one arrested, the officer making the arrest shall state such fact to the magistrate before whom the prisoner is brought, and shall make a separate complaint against such prisoner for violation of the provisions of this ordinance. (Id., sec. 3.) § 434. The Police Commissioner is hereby authorized and empowered, for reasons appearing to be satisfactory to him, to annul or revoke any permission given under this ordi- nance. Every person to whom a permit shall be granted, as above provided, shall pay therefor the sum of $2.50, which shall be applied in aid of the Police Pension Fund, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 103 and a return, in detail, shall be made to the Comptroller or the Police Commissioner monthly, und^r oath, of the amount so received and credited. All persons to whom such permission shall be given are hereby declared to be indi- vidually responsible for their own acts or the consequences that may arise from the use of loaded pistols, revolvers or firearms carried under the permission obtained as provided in this ordinance. (Id., sec. 4.) Chapter 12. — Rules op the Road. Article I. — Method of Driving YeMcles. § 435. Vehicles Keeping to the Right. — Vehicles shall keep to the right, and as near the right-hand curb as pos- sible. (Ord. app. Dec. 14, 1903, sec. 1.) General power is granted expressly in section 50, Greater New York Charter, " to regulate the use of streets and sidewalks by foot passengers, animals and vehicles; to regulate the speed at which horses shall be driven or ridden and at which vehicles shall be propelled in the street," and further, " to make all such regula- tions in reference to the running of stages, omnibuses, trucks, cars, as may be necessary for the convenient use and accommodation of the streets, piers, wharves and stations." But all such regula- tions must be reasonable. Dunham vs. Trustees of Rochester. 6 Cow. 462. § 436. Vehicles Meeting. — Vehicles meeting shall pass each other to the right. (Id., sec. 2.) § 437. Vehicles Overtaking Others. — Vehicles overtaking others shall, in passing, keep to the left. (Id., sec. 3.) § 438. Turning and Starting. — The driver or person hav- ing charge of any vehicle, before turning the corner of any street, or turning out or starting from or stopping at the curb line of any street, shall first see that there is sufficient space free from other vehicles, so that such turn, stop or start may be safely made, and shall then give a plainly visible or audible signal. (Id., sec. 4.) § 439. Turning to the Right into Another Street. — A vehicle turning to the right into another street shall turn the corner as near to the curb as practicable. THUS: J V. ^ r (Id., sec. 5.) § 440. Turning to the Left into Another Street. — A vehicle turning to the left intp another street shall pass to 104 CODE OF ORDINANCES OF THE CITY OF NEW YORK. the centre ( the right of and beyond the centre of the street intersection before turning. THUS: -^^m: ^ f (Id., sec. 6.) § 441. Crossing Streets. — A vehicle crossing from one side of the street to the other shall do so by turning to the left so as to head in the same direction as the traffic on that side of the street. THUS: C — H »^ (Id., sec. 7.) § 442. Stopping at Curb. — No vehicle shall stop vtWh. its left side to the curb. (Id., sec. 8.) § 443. Driving, Backing, etc., on Sidewalks. — It shall not be lawful for any public cartman, or for any person driving or having charge of any public cart, wagon or other vehicle, to drive or back any such public cart or any other cart, wagon or other vehicle, onto the sidewalk of any of the streets of said city, except as hereinafter provided, or to stop any such cart, or any other vehicle, on any of the cross- walks or intersections of streets so as to obstruct or hinder the travel along such crosswalks or intersection of streets, or to place any such carts or other vehicles crosswise of any streets of said city, except to load thereon or unload there- from; but in no case sha;ll it be lawful for any person to permit such cart or other vehicle to remain so crosswise of any street for a longer period than may be actually neces- sary for such purpose; but it shall be lawful for the owner or occupant of any store, warehouse or building in any street or avenue in which the rails of any railroad company are laid so close to the curbstone as to prevent the owners or occupant from keeping any such cart or other vehicle in the carriageway in front of his place of business without interference v\dth the passing cars of any such railroad com- pany to occupy with such cart or other vehicle during busi- ness hours so much of the sidewalk as may be necessary for such cart or other vehicle provided that sufficient space be retained for the passage of pedestrians between the cart or other vehicle so permitted to occupy such portion of the sidewalk cmd tlie stoop or frojit of every such store, ware- CODE OF OEDINANCES OF THE CITY OF NEW YORK. 105 house or other building. In no case shall it be lawful to place any such carts, wag-ons or other vehicles, crosswise of the carriageway on Broadway or Fifth avenue, south of Fifty-ninth street, or on Park row, nor shall any such cart, wag-on or other vehicle be permitted to remain in front of any premises on said Broadway or Fifth avenue, south of Fifty-ninth street, or on Park row, unless placed in close proximity to the curb, with the side of such cart, wagon or other vehicle parallel therewith. (Id., sec. 9.) § 444. In no case shall a vehicle remain backed up to the curb excepting when actually loading or unloading. (Id., sec. 10.) § 445. Stopping Close to Curb Line. — Unless in an emer- gency or to allow another vehicle (as provided in sections 449, 450 and 451) or pedestrians to cross its path, no vehicle shall stop in any public street or highway of this city, except close to the curb line. (Id., sec. 11.) § 446. Obstructing Crossings. — No vehicle shall stop, for the purpose of taking or setting down a passenger or load- ing or unloading freight, or for any other purpose, except in case of accident or other emergency, or when directed to stop by the police, in such a way as to obstruct any street or crossing. (Id., sec. 12.) § 447. Stopping Near Corners. — No vehicle shall stop or stand within the intersection of any street, nor within ten feet of a street corner. (Id., sec. 13.) § 448. Surface Cars Taking on or Discharging Passen- gers. — Surface cars shall stop on the far side of the street, at the crosswalk, to discharge or take on passengers. (Id., sec. 14. Amend, by ord. app. April 27, 1906, infra.) § 448a. Bight of Way. — On all public streets and high- ways of the city, all vehicles going in a northerly or south- erly direction shall have the right of way over any vehicle going in an easterty or westerly direction. (Id., sec. 15.) § 449. Right of Way of Certain Vehicles.— The officers and men of the Fire Department and Fire Patrol, with their fire apparatus of all kinds, when going to, or on duty, at or returning from a fire, and all ambulances, and the officers and men and vehicles of the Police Department, and all physicians who have a police permit (as hereinafter pro- vided) shall have the right of way in any street and through any procession, except over vehicles carrying the United States mail. The Police Department is hereby empowered to issue, upon application therefor, permit for such right of way to any duly registered physician, which permit shall not be transferable. (Amend, by ord. app. Dec. 11, 1906, infra.) § 450. Right of Way of Cars. — Subject to the preceding section of this article, surface cars running on tracks laid in the streets especially for their use shall have the right of ^vay along such tracks, betw^een cross streets, over all vehicles moving in the same direction at a less rate of speed than ten miles an hour; and the driver of any vehicle prO' 106 CODE OF ORDINANCES OF THE CITY OF NEW YORK. ceeding- upon the track in front of a surface car shall turn out as soon as possible upon signal by the motorman or driver of the car. (Id., sec. 17.) § 451. SigTial in Slowing Up or Stopping. — In slowing up or stopping, a signal shall always be given to those behind by raising the whip or hand vertically. (Id., sec. 18.) § 452. Signal for Automobile. — Every person driving an automobile or motor vehicle shall, at the request or signal by putting up the hand, from a person driving or riding a restive horse or horses, or driving domestic animals, cause the automobile to immediately stop, and to remain station- ary as long as may be necessary to allow said horse or domestic animals to pass. (Id., sec. 19.) § 453. Slowly Moving Vehicles. — Vehicles moving slowly shall keep as close as possible to the curb line on the right, so as to allow faster moving vehicles free passage on the left. (Id., sec. 20.) Article II. — § 454. Speed of Vehicles. — The following rates of speed through the streets of the city shall not be exceeded, that is: Eight miles an hour by bicycles, tricycles, velocipedes and motor vehicles, however propelled, or by passenger and other vehicles drawn by horses or other animals, except that in portions of the city not built up, where the buildings are at least 100 feet apart, a speed of fifteen miles an hour may be maintained. (Id., art. II, sec. 1.) The Board of Aldermen has no power to pass special resolutions for speed trials. Such trials in the public highway are nuisances for which the city may be liable. Johnson vs. City of N. Y., 109 App. Div. 821. § 455. Exceptions. — Nothing in this article shall apply to the apparatus and wagons of the Fire and Police Depart- ments, the Fire Patrol, ambulances, emergency repair wagons of street railroads, and vehicles carrying the United States mail. (Id., art. II, sec. 2.) § 456. Excessive Speed Prohibited. — No person riding, driving or in charge of any vehicle on any street, avenue, pathway or driveway in the city shall drive the same at a speed greater than reasonable and proper, having regard to the traffic and use of the highways, or so as to endanger the life or limb of any person. (Id., art. II, sec. 3.) § 457. Speed in Crossing Streets and Turning. — No vehicle shall cross any street or avenue running north and south, or make any turn at a speed rate exceeding one-half its legal speed limit. (Id., art. II, sec. 4.) Article III, — Lights. § 458. Lights. — Each and every vehicle using the public streets or highways of this city, except vehicles of licensed truckmen, shall show, between one hour after sunset and one hour before sunrise, a light or lights, so placed as to bo seen from the front and each sidej if dash lantern is car- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 107 ried, it shall be placed on the left-hand side; such light or lights to be of sufficient illuminating power to be visible at a distance of 200 feet; said light or lights shall show white in front, but may be colored on the sides, excepting licensed truckmen. Every automobile shall exhibit during the same period two lamps showing white lights visible at a distance of 300 feet in the direction toward which the automobile is proceeding, and shall also exhibit a red light, visible in the reverse direction. The lamps shall be so placed as to be free from obstruction to light from other parts of said automobile. In the Borough of The Bronx, excepting south of Tremont avenue and One Hundred and Seventy-seventh street, east of Jerome avenue and west of The Bronx river, and in the Boroughs of Richmond and Queens, and in the Twenty-sixth, Thirtieth, Thirty-first and Thirty-second Wards of the Borough of Brooklyn, every car or other vehicle between said hours, while moving on, along or standing upon the portion of streets in said boroughs or parts of boroughs, shall also carry a light or lights of such illuminating power as to be plainly visible 200 feet, both ahead and behind said car or vehicle. (Id., art. Ill, sec. 1.) § 459. Exceptions. — But this section shall not apply to any equestrian, or to any animal led or driven, not attached to any vehicle nor to the rider of a bicycle, tricycle or similar vehicle, whose light has become extinguished, or who is necessarily absent from his home, without a light, when going at a pace not exceeding six miles an hour, when a clearly audible signal is given as often as thirty feet are passed over. (Id., art. Ill, sec. 2.) Article IV. — Improper Use of Streets. § 460. Coasting Forbidden to Bicyclists. — No bicycle shall be allowed to proceed in any street of the city by inertia or momentum, with the feet of the rider removed from the pedals. (Id., art. IV, sec. 1.) § 461. Trick Riding Forbidden. — No rider of a bicycle shall remove both hands from the handle-bars, or practice any trick or fancy riding in any street. (Id., art. IV, sec. 2.) § 462. Carrying Children on Bicycles. — No bicyclist in The City of New York shall carry upon his bicycle any child under the age of five years. (Id., art. IV, sec. 3.) § 463. Ages of Drivers. — Drivers or persons in charge of vehicles other than licensed vehicles shall not be less than sixteen years of age, unless provided with a permit from the Police Department. (Id., art. IV, sec. 4.) § 464. Riding on Back of Vehicles. — No person shall ride upon the back of any vehicle without the consent of the driver, and when so riding no part of the person's body must protrude beyond the limits of the vehicle. (Id,, art. IV, sec. 5.) § 465. " Cruising " by Hacks, etc., Forbidden. — No public or private hack, while awaiting employment by passengers. 108 CODE OF OBDINANCES OF THE CITY OF NEW YORK. shall stand in or upon any public street or place other than at or upon public or private hack stands, respectively, designated by the Board of Aldermen; nor shall any hack- man seek employment by repeatedly and persistently driv- ing his hack to and from in a short space before, or by otherwise interfering with proper and orderly access to, or egress from, any theatre, hall, hotel, public resort, railway or ferry station, or other place of public gathering, but any hackman may solicit employment by driving through any public street or place without stops other than those due to obstruction of traffic, and at such speed as not to inter- rupt or impede traffic, and may pass and repass before any theatre, hall, hotel, public resort, railway or ferry station or other place of public gathering, provided that after pass- ing such public place he shall not turn and repass until he shall have gone a distance of two blocks beyond such place. (Id., art. IV, sec. 6.) Article Y. — Use of Sidewalks. § 466. Driving on Sidewalks. — Except as provided in this article, no horse or vehicle shall be driven, backed, led or allowed to stand on any sidewalk which has been curbed, except that wares of merchandise in process of loading and unloading, shipment, or being received from shipment, may be transferred from trucks or other vehicles over the side- walk by the use of skids, or by backing up trucks on the sidewalks in so doing, provided a passageway be kept open within the stoop line of buildings for the free passage of pedestrians. (Id., art. V, sec. 1.) § 467. Leading Bicycles. — Riders of bicycles, when dis- mounted, may lead their bicycles along the sidewalk in single file, and bicycles may be allowed to stand on the side- walk, provided they are within the stoop line and cause no obstruction. (Id., art. V, sec. 2.) § 468. Riding on Sidewalks. — • Bicycles may be j-idden on the sidewalks of any street in the suburbs of the city, the roadway of which is not reasonably ridable for such vehicles. (Id., art. V, sec. 3.) § 469. Driving Across Sidewalks. — Nothing contained in this article shall prevent the riding or driving of horses or vehicles from private property directly across the sidewalks of any street to the roadway, or from the roadway back to such private property. (Id., art. V, sec. 4.) Article YI. — General Rule Covering the Use of Streets, § 470. Reasonable Care to be Used. — Nothing contained herein or omitted herefrom shall be construed or held to relieve any person using, or traveling, or being upon any street, for any purpose whatever, from exercising all rea- sonable care to avoid or prevent injury through collision with all other persons and vehicles. (Id., art. VI, sec. 1.) CODE OF ORDINANCES OF THE CITY OF NEW YOSK. 109 § 471. Traffic Not to be Obstructed. — No vehicle shall be allowed to remain upon or be driven through any street of The City of New York so as wilfully to blockade or obstruct the traffic of that street. No vehicle shall be so overloaded that the horse or horsea are unable to draw it. (Id., art. VI, sec. 2.) Article Til. — Powers of Police Department, § 472. Police Department to Regulate Traffic. — The Police Department shall have all powers and duties in rela- tion to the management of vehicular traffic. (Id., art. VII, sec. 1.) § 473. — Police Department to See That Ordinances Are Posted. — The Police Department shall see that these ordi- nances are posted in all public stables, and at the hack, cab and truck stands, and shall keep copies of them at all of its stations and issue them on application. (Id., art. VII, sec. 2.) Article VIII. — Definitions. § 474. Definitions of Terms Used Herein. — The following terms, whenever used herein, except as otherwise specifically indicated, shall be defined to have and shall be held to include each of the meanings herein below respectively set forth; and amy such term used in the singular number shall be held to include the plural: Street. — Every avenue, boulevard, highway, roadway, cart- way, lane, alley, strip, path, square and place used by or laid out for the use of vehicles. Roadway. — That portion of any street which is included within the curbs or curb lines thereof and is designed for the use of vehicles. Curb. — The lateral boundaries of that portion of a street designed for the use of vehicles, whether marked by curb- stones or not so marked. Vehicle. — Every wagon, carriage, omnibus, sleigh, push- cart, bicycle, tricycle and other conveyance (except baby carriages), in whatever manner or by whatever force or power the same may be driven, ridden or propelled, which is or ipay be used for or adapted to pleasure riding or the transportation of passengers, baggage or merchandise upon the street; and every draught and riding animal, whether driven, ridden or led, excepting that an animal or animals attached to any vehicle shall, with suoh vehicle, constitute one vehicle. (Id., art. VIII, sec. 1.) Article IX. — Penalties for Violations. § 475. Penalties for Violations. — Any person violating any provision or regulation hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof by any magis- trate, either upon confession of the party or by competent 110 CODE OF ORDINATs'CES OF THE CITY OF NEW TORK. testimony, may be fined for such offense any sum not less than one dollar and not exceeding ten dollars, and in default of payment of such fine may be committed to prison by such magistrate until the same be paid; but such imprison- ment shall not exceed ten days. (Id., art. IX, sec. 1.) Chapteb 13. — Miscellaneous Oedinances. I. Official Bonds. § 476. Each and every officer or employee of The City of New York, whose office or duties correspond to those for- mierly exercised by officers or employees of the former cor- poration, the Mayor, Aldermen and Commonalty of The City of New York, except the Comptroller, elected or ap- pointed, shall, upon entering upon the duties of his office or employment, give a bond wdth sureties to The City of New York for the faithful performance of his duties in a corresponding form and in the same amount as bonds were required to be given by the corresponding officers or em- ployees of the Mayor, Aldermen and Commonalty of The City of New York by the Revised Ordinances of the said Mayor, Aldermen and Commonalty of The City of New York of 1897, the said bonds to be approved by the Comptroller of the said City of New York. (Ord. app. Jan. 3, 1898, sec. 1.) § 477. The Comptroller of The City of New York shall give a bond in the sum of two hundred thousand dollars ($200,000) with a surety company or two or more sufficient sureties to justify in double the amount under oath before a Judge of the Supreme Court on notice to the Corporation Counsel, except that any bond heretofore given by the Comptroller elected at the election of 1897, and approved as hereinbefore required by a Justice of the Supreme Court, shall be taken to be a sufficient bond to comply with this ordinance, provided that the same shall be immediately filed with the City Clerk by the said Comptroller. (Id., sec. 2.) § 478. Each Deputy Comptroller shall, before entering upon the duties of his office, execute a bond to the city, with one or more sureties to be approved by the Comptroller, in the penal sum of $10,000, conditioned for the faithful performance of the duties of his office. (E. O. 1897, sec. 37, with verbal changes.) § 479. Before entering upon the duties of his office the City Clerk shall execute a bond to the city, v\dth one or more sufficient sureties to be approved by the Comptroller, in the penal sum of $1,000, conditioned for the faithful performance of the duties of his office. (Id., sec. 2, with verbal changes.) § 480. The Corporation Counsel shall, before entjering upon the duties of his office, execute a bond to the corporation, with two sufficient sureties, to be approved by the Comp- troller and filed in the office of the Comptroller, in the penal CODE OF ORDINANCES OF l^Hfi CIT^ OF NEW YORS. Ill sum of $5,000, conditioned for the faithful performance of the duties of his office. (Id., sec. 103, with verbal changes.) § 481. The Supervisor of the City Kecord hereafter ap- pointed shall, before entering upon the duties of his office, execute a bond to the city, with one or more sureties to be approved by the Comptroller, in the penal sum of $5,000, conditioned upon the safe keeping of the money of the city in his charge and upon the faithful performance of the duties of his office; and the Deputy Supervisor of the City Eecord shall, after his appointment, and before entering upon the duties of his office, execute a bond to the city, vdth one or more sureties, to be approved by the Comp- troller, in the penal sum of $5,000, conditioned upon the faithful performance of the duties of his office. (Id., sec. 7, with verbal changes.) § 482. Each Commissioner of Public Works, before enter- ing on the duties of his office, shall execute a bond to the city, with at least two sureties, to be approved by the Comptroller and filed in the office of the Comptroller, in the penal sum of $10,000, conditioned for the faithful per- formance of the duties of his office. (Id., sec. 136, with ver- bal changes.) § 483. The Water Register, before entering upon the duties of his office, shall execute a bond to the city, with two sufficient sureties, to be approved by the Comptroller, in the penal sum of $15,000, conditioned for the faithful per- formance of the duties of his office. '(Id., sec. 151, with verbal changes.) § 484. The Collector of Assessments and Arrears, before entering upon the duties of his office, shall execute a bond to the city, with at least two sureties, to be approved by the Comptroller and filed in his office, in the penal sum of $20,000, conditioned for the faithful performance of the duties of his office. (Id., sec. 38, with verbal changes.) § 485. The Collector of City Revenue and the Superin- tendent of Markets shall, before entering upon the duties of his office, execute a bond to the city, with one or more sureties, to be approved by the Comptroller, in the penal sum of $15,000, conditioned for the faithful performance of the duties of his office. (Id., sec. 40, with verbal changes.) § 486. The Deputy Collectors of City Revenue shall, re- spectively, before entering upon the duties of their office, execute a bond to the city, with one or more sureties, to be approved by the Comptroller, in the penal sum of $2,000. (Id., sec. 41, with verbal changes.) § 487. Before entering upon the duties of his office, the Clerk to the Collector of City Revenue and the Superin- tendent of Markets shall execute a bond to the city, with one or more sureties, to be approved by the Comptroller, in the penal sum of $5,000, conditioned for the faithful performance of the duties of his office. (Id., sec. 42, Avith verbal changes.) 112 CODE OF ORDINANCES OF THE CITY OF NEW YOUK. II. PuUic Sessions of Boards. § 488. All meetings of the boards or commissions consti- tuting- departments of the city government of The City of New York, for the transaction of public business, shall be held openly, and shall in all cases be accessible to the public. Such meetings shall be held at such times and places as may be determined upon by each of such departments, and due notice thereof shall be published daily in the City Record. (R. O. 1897, sec. 369.) III. Office Hours. § 489. The office hours of all public offices in The City of New York, except as otherwise provided by law, shall be from nine o'clock A. M. to four P. M., except on Saturdays, when such offices shall be closed at twelve o'clock, noon, and the heads of all departments, may, when public business requires it, keep the said offices open after four o'clock. The office hours of the City Clerk and Clerk of the Board of Aldermen shall be from ten o'clock A. M. until four o'clock P. M., except on Saturdays, when the office hours shall be from ten o'clock A. M. until twelve o'clock noon. (Ord. app. April 29, 1902.) lY. Sale of Waste Material. § 490. All old and waste material under the care of any department shall be sold from time to time as it may be deemed best for the public interest so to do, in accordance with the provisions of law as so provided, the sale of such material to be under the immediate supervision of the head of the bureau having charge of such material, the proceeds therefor to be collected by said head of bureau and trans- mitted within twenty-four hours by him to the head of the department for deposit in the city treasury, except as other- vvdse specially provided. (R. O. 1897, sec. 368.) y. East River Bridges. § 491. The New York and Brooklyn Bridge shall be designated as the Brooklyn Bridge. The new East River Bridge shall be designated as the Williamsburg Bridge. Bridge No. 3, crossing the East river, shall be designated as the Manhattan Bridge. Bridge No. 4, crossing the East river, shall be designated as the Blackwell's Island Bridge. (Ord. app. March 28, 1902.) YI. Payment of Jurors. § 492. In pursuance of section 3314 of the Code of Civil Procedure, it is hereby directed that the sum of two dollars be allowed to each trial juror for each day's necessary attendance by him as ssuch a juror at a term of any court ot CODE 01* OUDlNAIfCES OF THE CITY OF NEW YOUK. 113 record of civil jurisdiction held within the county of New York; provided, however, that no such juror shall be so paid for attendance on any day on which he shall be excused from service at his own request. (Ord. app. Feb. 13, 1903.) Til. Flags and Decorations at the City Hall. § 493. All power and authority to display flags or other decorations on, in or about the City Hall, or other public building's, within the City Hall Park, is hereby vested in the Mayor of The City of New York, unless otherwise ordered by the Board of Aldermen by a vote of a majority of all the members elected to the Board. (R. O. 1897, sec. 722.) VIII. Public Worship in the Streets. § 494. Ko person shall be concernjed or instrumental in collecting or promoting any assemblage of persons under the pretense of or for public worship or exhortation in the Battery or any of the markets or streets or parks or any public place in The City of New York laid out and appointed for the common use of the citizens, under the penalty of twenty-five dollars for each ofEense. (Ord. app. Dec. 28, 1903, sec. 1.) § 495. It shall be the duty of all police officers of The City of New York to prevent all such assemblies and to prosecute, apprehend and report to the Corporation Counsel all persons concerned or instrumental in promoting the same. (Id., sec. 2.) § 496. Every police officer who shall neglect or refuse to perform his duty in the premises shall for every such neglect forfeit and pay the sum of five dollars. (Id., sec. 3.) § 497. Nothing contained in the three preceding sections of this article shall be oonstrued to prevent any clergyman or minister of any denomination or any person responsible to or regularly associated with any church, missionary asso- ciation or incorporated missionary society located in or working for New York City, or lay-preacher or lay-reader, from preaching in any specified place or places in The City of New York, providing that such person shall have obtained the written permission of either the Mayor, Commissioner of Police or one of the Aldermen of the city therefor. " Provided, also, that such vn'itten permission shall have indorsed upon it the approval or consent of the Aldermen of each district in which any place specified in said written permission shall be located." (Id., sec. 4.) § 498. This ordinance £hall not be construed to prevent any ministers or people of any church, usually called Bap- tists, from assembling in proper places in The City of New York for the purpose of performing the rites of baptism according to the ceremonijes of such church. (Id., see. 5.) § 499. No person shall disturb, molest or interrupt any clergyman, minister, missionary, lay-preacher or lay-reader 8 . 114 CODE OF CRDINANCES OF THE CITY OF NEW YORK. ■who shall be preaching and have obtained permission accord- ing to this ordinance or any minister or people who shall be performing the rites of baptism as permitted by this ordinance, nor shall any person commit any riot or disorder in any such assembly, under the penalty of twenty-five dollars for each offense. (Id., sec. 6.) IX. The Display of Immoral Pictures. § 500. No person shall expose, display, post up, exhibit, paint, print or mark, nor place or cause to be placed, any placard, poster, bill or picture of any show, exhibition, theatrical or other performance in or on any building, bill- board, wall or fence on any street, nor in or upon any public place, in The City of New York, which shall be of lewd, indecent, immoral, immodest, vulgar or suggestive character, calculated to debauch the public or shock the sense of decency or propriety. (Ord. app. Oct. 24, 1905. Amend, by ord. app. July 2, 1906, infra.) § 501. Any violation of the provisions of section 1 of this ordinance shall be deemed a minor offense, and upon convic- tion thereof, before a city magistrate, shall be punishable by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment in the city prison, or by both; but no such imprisonment, however, shall exceed a term of ten days. (As amend, by ord. app. Nov. 23, 1906, infra.) X. Car Transfers in The City of New York. § 503. Every car owned, operated, managed or controlled by a street surface railroad company in the streets or high- ways of The City of New York, shall carry throughout its route oh the outside, in front and on top of each and every car so operated, a signboard or placard, upon which shall appear conspicuously the destination of the said car. Every such company must carry for a single fare upon such car, without change therefrom, each and every passenger to any regular stopping place desired by him, upon said car's route, in the direction of the destination so designated; and for every violation of the ordinance there shall be recoverable against the company so offending a penalty of $100 in an action to be brought in the name of The City of New York. (Ord. app. July 22, 1902, sec. 1.) § 504. This ordinance shall not apply to a transfer made to a connecting line, going in a different direction from that in which such car may be going, nor where, by reason of any accident, compliance with the ordinance is rendered impossible. (Id., sec. 2.) This is the so-called " car-ahead " ordinance. Held within the powers conferred on the Board of Aldermen and that State Rail- road Act was not intended to deprive city authorities from regu- lating- similar matters within precincts of the city. City of New York vs. Interurban Street Ry. Co., 86 N. Y. Supp. 673, 43 Misc. 29. See also City of New York vs. N. Y. & Queens Co. R. R, Co., 89 App. Div. 442. CODE OF OEDINANCES OF THE CITY OF NEW YORK. 115 XI. The Heating of Street Cars in The City of New York. § 505. Each street, surface or other railroad company operating or running cars on the surface of any street, avenue or thoroughfare in The City of New York shall, between the first day of October and the first day of April of each year, properly heat and keep heated at least every second car on its line or lines whenever the temperature upon the street shall fall below forty degrees Fahrenheit. (Ord. app. April 21, 1903, sec. 1.) § 506. A failure to so heat and keep heated each second or alternate car where the thermometer shall record a tem- perature below forty degrees Fahrenheit shall subject the company or companies so violating the conditions of section 505 to a penalty of twenty-five dollars fine for each and everj' failure so to do. (Id., sec. 2.) § 507. There shall be conspicuously displayed on each side of each heated car, when all the cars of the line are not heated, a placard or sign containing the words " Heated Oar " in large type. (Id., sec. 3.) § 508. The above sections shall apply only to cars running a distance of three miles or more. (Id., sec. 4.) XII, Contracts for Supplies and Work for the City. § 509. All supplies to be furnished or work to be done for The City of New York, whether they are to be paid for out of the city treasury or out of trust moneys under the control of or to be assessed or collected by The City of New York, shall be furnished or performed by contract, except where otherwise provided by law. (R. O. 1897, sec. 344. Renumbered by ord. app. Nov. 23, 1906, infra.) § 510. The several departments and officers empowered by law to make contracts on the part of the city shall issue proposals for estimates therefor, and advertise the same, as provided by law. There shall be kept by each of said depart- ments an appropriate box, to be designated " Estimate Box,'* wdth a proper opening in the top thereof to receive estimates for which proposals have been issued. Such box shall be kept locked, except at such times as it may be necessary to open the same to examine and decide upon said estimates, and the key thereof shall be retained by the head of the department. It shall be the duty of the head of the depart- ment to deposit in said box all estimates duly presented to him for work to be done under the direction of the depart- ment, immediately on the receipt thereof by him. (Id., sec. 345.) § 511. The proposals for estimates shall be in such form as may be prescribed by the department making the same, and shall contain the following particulars: 1. They shall require that the person making the estimate shall furnish the same in a sealed envelope to the head of the appropriate department, at his office, on or before a day IIG CODE OF ORDINANCES OF THE CITY OF NEW YORK. and hour therein named, not less than ten days from the first publication thereof. 2. They shall state the quantity and quality of supplies, or the nature and extent, as near as possible, of the work required. 3. They shall state that the estimates received will be publicly opened by the head of the department issuing the proposals, at his office, at a day and hour therein mentioned. 4. They shall state the amount in which security is re- quired for the performance of the contract. 5. They shall state, briefly, the several matters required by the next four sections to be contained in or to accompany the estimates. (Id., sec. 346.) § 512. Each estimate shall contain — 1. The name and place of residence of the person making the same. 2. The names of all persons interested with him therein; and if no other person be so interested, it shall distinctly state that fact. 3. That it is made without any connection with any other person making an estimate for the same purpose, and is in ill respects fair, and without collusion or fraud. 4. That no member of the Board of Aldermen, head of a department, chief of a bureau, deputy thereof, or clerk therein, or other officer of The City of' New York, is directly or indirectly interested therein, or in the supplies or the work to which it relates, or in any portion of the profits thereof. (Id., sec. 347.) § 513. The estimate shall be verified by the oath, in writ- ing, of the party making the estimate, that the several matters stated therein are in all respects true. (Id., sec. 348.) § 514. The estimate shall be accompanied by the consent, in writing, of two householders or freeholders in The City of New York, or of a guaranty or surety company duly author- ized by law to act as surety, to the effect that if the contract be awarded to the person making the estimate, they or it will, upon its being so awarded, become bound as his sureties for its faithful performance, and that if he shall omit or refuse to execute the same, they or it will pay to The City of New York any difference between the sum to which he would be entitled upon its completion and that which The City of New York may be obliged to pay to the person to whom the contract shall be awarded at any subsequent letting; the amount in each case to be calculated upon the estimated amount of the work by which the bids are tested. (Id., sec. 349.) § 515. The consent mentioned in the last section shall be accompanied by the oath or affirmation, in vsrriting of each of the persons signing the same, that he is a householder or freeholder in The City of New York, and is worth the amount of the security required for the completion of the contract, and stated in the proposals, over and above all his CODE OF ORDINANCES OF THE CITY OF NEW YORK. 117 debts of every nature, and over and above his liabilities, as bail, surety or otherwise," and that he has offered himself as a surety in good faith, and with an intention to execute the bond required by law; and like affidavit as to sufficiency shall be required of an officer of any company so consenting. (Id., sec. 350.) § 516. The sealed envelope containing the estimate shall be indorsed with the name or names of the person or per- sons presenting the same, the date of its pres,entation, and a statement of the work to which it relates; and no estimate shall be taken from the " Estimate Box," or the sealed envelope thereof, opened by any one, except at the time and in the manner herein designated for deciding on such esti- mates. At the time and place appointed for that purpose in the proposals as prescribed in this article, the head of the department, or other officers empowered to make the contract, in the presence of the Comptroller, and such of the parties making them as may desire to be present, shall then and there open the said estimate box; and the estimates to be examined at that time, as may appear from the indorse- ments thereon, shall be taken from said box. The said head of department shall then and there publicly open and read all estimates which he may have received for the contract mentioned in such proposals, and shall reject all estimates not furnished in conformity with the law and the ordinances relating thereto and the requirements thereof. The award of the contract shall be made according to law. (Id., sec. 351.) § 517. When proposals are issued for a contract to furnish any article of which a sample can conveniently be furnished, the head of the department issuing the same may require that such sample be delivered at his office or at the office of the head of the appropriate bureau in his department, within such time before the opening of the estimates as he may prescribe; and if it be not so furnished, or do not conform to the quality required by the proposals, the esti- mate delivered by the person furnishing or omitting to furnish the same, as the case may be, shall be rejected. (Id., sec. 352.) § 518. In all contracts for work for The City of New York where provision is made for the payment of the con- tract price by installments, a provision shall be inserted that the contractor shall allow ten per cent, of the contract price of the work actually done to remain as security till the whole work shall be completed according to the contract. (Id., sec. 353, with verbal changes.) § 519. In all contracts f-or the work for The City of New York upon any public building, or in any public street or place, in the performance of which accidents or injuries may happen to the person or property of another, a, pro- vision shall be inserted that the contractor shall place proper guards for the prevention of accidents, and shall put 118 CODE OF ORDINANCES OF THE CITY OF NEW YORK. up and keep at nights suitable and suJBficient lights during the performance of the work; and that he will indemnify The City of New York for damages or costs to which the city may be put by reason of injury to person or property of another resulting from negligence or carelessness in the performance of the work. (Id., sec. 355.) § 520. Every contract for supplies or work by The City of New York shall be executed by the contractor or contractors to whom the same may be awarded, and shall be accompanied by a bond in the penalties mentioned in the proposals therefor, executed by the persons or company consenting to become bound as sureties, or by such other persons or company as shall be substituted therefor, with the consent of the head of the department making such contract, condi- tioned for the faithful performance of the contract and every provision therein contained, and which bond shall be accompanied by the oath, in writing, of the person signing the same, that each is a householder or freeholder in The City of New York, and of the person or any officer of such company, that he or it is worth the amount of the security required for the completion of the contract and stated in the proposals, as hereinbefore prescribed. And it shall be the duty of the Comptroller to require such sureties to be further examined before himself or an officer authorized to administer oaths deputed by him, in respect to the items and details of their property, before approving the adequacy and sufficiency of such sureties. And the several depart- ments of the city government and officers aforesaid, by which every and each contract for work to be done for The City of New York shall be made in pursuance of these ordi- nances, shall have power and it shall be their duty to require and enforce the faithful execution of each and every contract so made by them; and in case the contractor or contractors shall fail in any respect to perform the work which he or they have contracted to render or perform within the time limited for the performance of the same, then it shall be the duty of such departments or officers aforesaid having charge of such work to do and complete the same in the manner provided for the performance of the same, in the contract, and the cost of the same shall be a charge ag'ainst such delinquent contractor or contractors; provided, how- ever, that the head of any department or officers aforesaid, by whom any such contract shall be made, may, on good and sufficient cause, extend for a reasonable time the period fixed for the completion thereof. (R. O. 1897, sec. 356.) § 521. Whenever any contract shall be made hereafter by any of. the departments or officers aforesaid of The City of New York, the amount whereof is to be afterward collected by assessment from the property benefited by the work to be done under said contract, it shall be the duty of the head of department or officers aforesaid making such contracts to cause to be inserted therein a clause that, as the work \ CODE OP ORDINANCES OF THE CITY OF NEW YORK. 119 progresses, payments will be made to the contractors by monthly installments of seventy per cent, on the work per- formed, provided the amount of work done on each install- ment shall amount to $1,500; and the head of department making such contracts shall forthwith file a copy thereof with the Comptroller. (Id., sec. 357.) § 522. Whenever any payment shall become due upon any contract, according to the provisions thereof or in accord- ance with any of the provisions of these ordinances, it shall be the duty of the head of department or ofiicer aforesaid having such work in charge to furnish to the person or persons entitled to such payments a certificate, in writing, specifying the contract upon which such payment is due and the amount due upon such contract. (Id., sec. 360.) § 523. It shall be the duty of the Comptroller, on the presentation of such certificate being made to him, to pay the amount thereof and indorse such payment upon the con- tract upon which said payment is made; but no payment shall be made upon such contract beyond the amount thereof, and the final payment thereon shall not be made until the head of department or officer aforesaid having such work in charge shall furnish the Comptroller, who shall file the same in his office, a certificate signed by the head of such department or officer aforesaid, that the work mentioned in such contract has been completed according to the terms of said contract, and to the satisfaction of the head of department giving such certificate. (Id., sec. 361.) § 524. The Comptroller shall keep an account of all bonds so issued, specifying the particular work on account of which the same may be issued; and all moneys collected on account of any work for the payment of which said bonds were issued shall be faithfully applied as aforesaid. (Id., sec. 362.) § 525. Each and every contractor shall be required to have an affidavit from the surveyor, setting forth the amount of work done, of every description, that may be charged in each bill or assessment list of said contract; and said affidavit shall be attached to said assessment list. The inspector shall also furnish an affidavit attached to each contract that the work is done according to the plans and specifications, said affidavit to be attached to each assess- ment list before presented for confirmation. (Id., sec. 303.) § 526. In all cases of delinquency in the payment of any assessment for work done under a contract made by any contractor with The City of New York in respect to any street or road, and in respect to the building of wharves, piers, slips and sewers in this city, and in all such lilco contracts on a final settlement with every such contractor, there shall be allowed and paid to such contractor all interest money which shall have been collected on his ac- count or contract, first deducting* the collector's commission 120 CODfi OF ORDINANCES OF THE ClTV OF NEW YORK. on so much, of the said interest as shall have been collected and received by him. (Id., sec. 364.) § 527. In all contracts for work done at the expense of and by The City of New York for the more speedy execu- tion of any by-laws, ordinances, orders or directions of The City of New York, and which by any law The City of New York is authorized to collect by assessment or otherwise from the owners or occupants, lessees or parties interested in any property deemed benefited thereby, provision shall be made for the payment of the amount of said contract, on the completion of the work, to the satisfaction of the department making* such contract. (Id., sec. 365, with verbal changes.) § 528. It shall be lawful for the department making any contract of the character nuentioned in the preceding section of this article to make provision for the payment to any contractor of installments on account of such work, as the same progresses, reserving thirty per cent, of the contract price of the work actually done, to remain as security till the whole work be completed according to the contract. (Id., sec. 366.) XIII. Transportation of Iron, Steel or Other Material Over Streets. § 529. All rails, pillars and columns of iron, steel or other material, which are being transported over and along the streets of The City of New York upon carts, drays, cars, or in any other manner, shall be so loaded as to avoid causing loud noises or disturbing the peace and quiet of such streets, under penalty of twenty-five dollars for each ofEense. (R. O. 1897, sec. 673.) XIV. Walks and Bridges Over O'utters. § 530. It shall be lawful for any person who so desires to place and keep a bridge over the gutter in front of any building other than those used as private residences, except on Broadway, Fifth avenue and Madison avenue, on the following conditions : First — x\pplication must be made to the Bureau of Licenses, and the sum of one dollar per annum, dating from the granting of such periiiit, paid for the privilege. Second — Every such bridge shall be con- structed under the supervision and subject to the direction of the President of the Borough in which the same shall be constructed. Third — Every such bridge shall be so con- structed that it can be easily moved, and it shall be the duty of every person to whom such privilege may be granted, and to all persons now enjoying a like privilege, to clean thoroughly, or cause to be so cleaned, the gutter under- neath every such bridge on Wednesday of each week, be- tween the hours of sunrise and 9 o'clock A. M. The Mayor may, for any violation of this ordinance, or on the complaint of any citizen, or for any cause that he may deem sufficient, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 121 revoke any such permit so granted, or like privilege now enjoyed without a permit. (R. O. 1897, sec. 780.) XT. The Discharge of ComMstible Snhstances. § 531. No person shall fire, discharge or set off in The City of New York any rocket, cracker, torpedo, squib, bal- loon or other fireworks, or thing containing any substance in a state of combustion under the penalty of five dollars for each offense. (R. O. 1897, sec. 718.) Notes. Evidence, Pleading.— The courts will not take judicial notice of municipal ordinances. They must be specially pleaded and proved. City of New York vs. Knickerbocker Trust Co., 104 App. Div. 223. Validity.— An ordinance adopted pursuant to authority from the Legislature has the same force within the corporate limits as a statute passed by the Legislature. Village of Carthage vs. Fred- erick, 122 N. Y., 268; City of Buffalo vs. N. Y. Lake Erie R. R., 152 N. Y. 276. Burden of Proof.— An ordinance is presumed to be reasonable. City of New York vs. Hewitt, 91 App. Div. 445. But it is always competent to show that it is unreasonable. Mayor vs. Dry Dock Ry. Co., 133 N. Y. 104; Fire Dept. vs. Gilmour, 149 N. Y. 453; Health Dept. vs. Rector Trinity Church, 145 N. Y. 32; Brooklyn Crosstown R. R. Co. vs. City of Brooklyn, 37 Hun, 413. Negligence and Nuisance.— The suits brought to recover dam- ages suffered by reason of the violation of ordinances are very numerous. See Thomas on Negligence and Wood on Nuisances. For ready reference the following leading cases are given: Vaults and Cellars.— Babbage vs. Powers, 130 N. Y. 281; Jorgen- sen vs. Squires, 144 N. Y. 281; Jennings vs. Van Schaick, 108 N. Y. 530. Landlord.— Trustees Canandaigua vs. Foster, 156 N. Y. 354; Swords vs. Edgar, 59 N. Y. 28; Ahem vs. Steele, 115 N. Y. 203. Complying with Conditions of License.— Wolf vs. Kirkpatrick, 101 N. Y. 146; Devine vs. Nat. Wall Paper Co., 95 App. Div. 194. Coal Hole.— Clifford vs. Dam, 81 N. Y. 52. Construction. — While ordinances providing penalties are to be strictly construed. Village of Stamford vs. Fisher, 140 N. Y. 187. Still they must be reasonably construed so as to give effect to the intent of the Legislature. O'Keefe vs. Adams, 46 St. Rep. 557; People ex rel. Cumiskey vs. Wurster, 14 App. Div. 556; Mavor. etc., vs. Third Ave. R. R. Co., 16 St. Rep. 122, app. 117 N. Y. 404; Duryee vs. Mayor, 96 N. Y. 477. See McQuillin, Municipal Ordinances. Defenses.— The fact that other persons are violating an ordi- nance and are not prosecuted is no defense. City of Buffalo vs. N. Y., Lake Erie & W. R. R., 152 N. Y. 276. Chapter 14. — The Sanitary Code. By Laws 1904, ch. 628, sec. 3, the Sanitary Code in force May 1. 1904, was made a chapter of the ordinances of New York City. All amendments when filed with the City Clerk take effect The following sections embody substantiallv the Sanitary Code as adopted by the Board of Health of the Department of Health of The City of New York. " conformed to chapter XIX, title 1, chapter 378, of the Laws of 1897, and chapter XIX, title 1, chapter 466, of the Laws of 1901, pursuant to section 1172 of said titles, with the amendments and additional provisions, added and published to March 1, 1905." See notes under sec. 1, infra. Definitions of Terms. Section 1. The terms " Board," " this Board " and " said Board" whe^eve^ used in this Code shall be bjeld to mean 122 CODE OF ORDINANCES OF THE CITY OF NEW YORK. the " Board of Health of the Department of Health of The City of New York; " the word " Department," whenever used herein, shall be held to mean the Department of Health of The City of New York; the words " person," " owner," " tenant," " lessee," " occupant," " contractor," " party," " manager," " board " and *' officer," shall respectively be held to apply to and include, both jointly and severally, each and all owners, tenants, lessees, occupants, contractors, parties in interest, persons, managers, boards, officers and corporations, who may sustain the relations, or may be in like position of any one or more thereof referred to in any ordinance or regulation; every word or phrase anywhere herein defined shall be held to have such meaning whenever used herein; the words " City," or " this City," or " said City," whenever used herein, shall be held to mean The City of New York; the word " regulations " shall be held to include " special regulations " (which latter will be from time to time issued, and will contain more detailed pro- visions than can be herein conveniently set forth); the word " permit " shall be construed to mean the permission in writing of this Board, issued according to its by-laws, rules, regulations and Sanitary Code; and every " report " herein required shall be held to be a report in writing, signed by the person (and indicating his official position) who makes the same; the word " light " or " lighted " shall be held to refer to natural, external light; and all words and phrases herein defined shall also include their usual and natural meaning, as well as those herein especially given. (Id., sec. 1.) It is well settled in this and other States that the Legislature has the power to delegate to municipal authorities the right to pass ordinances to promote the public health and safety. Polinsky vs. People, 73 N. Y. 65. Cases cited in Ford vs. N. Y. Central R. R. Co., 33 App. Div., at p. 478. As to the police powers in general, see Matter of Jacobs, 98 N. Y. 98, and Health Dept. vs. Rector, etc., Trinity Church, 145 N. Y. 32. The power to pass ordinances to regulate the preservation of the public health is vested in the Board of Aldermen by the Revised Charter, L. 1901, ch. 466, sec. 43. Also discussion of constitutional question in Tenement House Dept. of N. Y. City vs. Moeschen, 179 N. Y. 325. Also see Met. Board of Health vs. Heister, 37 N. Y. 661; People ex rel. Cox vs. Special Sessions, 7 Hun, 214; Health Dept. vs. Knoll, 70 N. Y. 530. For powers granted to Department of Health, see chapter XIX, L. 1901, ch. 466. § 2. The word " street," when used in the Sanitary Code, shall be held to include avenues, public highways, sidewalks, gutters and public alleys; and the words "public place" shall be held to include parks, piers, docks and wharves, and water and open spaces thereto adjacent, and also public yards, grounds and areas, and all open spaces between build- ings and streets, and in view of such streets; the word " ashes " shall be held to include cinders, coal and every- thing that usually remains after fires; the word " rubbish " shall be held to include all the loose and decayed material and dirt-Uke substance that attends us^ or decay, or whicU CODE OF ORDINANCES OF THE CITY OF NEW YORK. 123 accumiilates from building-, storing" or cleaning; the word " garbag-e " shall be held to include swill and every accu- mulation of both animal and vegetable matter, liquid or othjerwise, that attends the preparation, decay and dealing in, or storage of meats, fish, fowls, birds or vegetables; and the word " dirt " shall be held to mean natural soil, earth and stone. (Id., sec. 2.) § 3. A " tenement house " shall be taken to mean and include every house, building or portion thereof, which is rented, leased, let or hired out to be occupied, or is occupied, as the home or residence of three families or more, living independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor, so living and cooking, but having a common right in th^ halls, stairways, yards, water closets or privies or some of them. A " lodging house " shall be taken to mean and include any house or building, or portion thereof, in which persons are harbored or received or lodged for hire for a single night or for less than a week at one time, or atty part of which is let for any person to sle«p in for any term less than a week. A ** cellar " shall be taken to mean and include every basement or lower story of any building or house of which one-half or more of the height from the floor to the ceiling is below the level of the street adjoining. The phrase " boarding house " shall be held to include every building, and every story and portion thereof, which is at any time or usually used, leased or occupied, or intended so to be, by any number of persons exceeding ten, as board- ers thereat. The word " manufactory " shall be held to include every building, and every story and portion thereof, in which any sort of labor or work is done, which calls for the continual or usual presence of several persons during several hours of the day or night, engaged about said work or labor; and the word " saloon " shall be held to include every portion of any building in which the business of selling meals, liquors, drinks or refreshments of any kind shall be conducted, and includes ** concert saloons." (Id., sec. 3.) 4. The term "theatre" shall be held to include the building, rooms and place where any play, concert, opera, circus, trick or jugglery show, gymnastic or other exhibi- tion, masquerade, public dance, drill, lecture, address or other public or frequent gathering or amusement, are, is or may be held, given, performed or take place, and the ap- proach or approaches thereto, and appurtenances thereof. (Id., sec. 4.) § 5. The veord "physician" shall include every person who practices about the cure of the sick or injured, or who has the charge of, or professionally prescribes for, any X)erson sick, injured or diseased, and any person who pur- sues the business of or acts as midwife; and the phrase " infectious disease " shall be held to include all diseases of an infectious, contagious or pestilential nature. (Id., sec. 5.) 124 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 6. The word " meat " whenever herein used, includes every part of any land animal and eggs (whether mixed or not with any other substance) ; and the word " fish " includes every part of any animal that lives in water, or the flesh of which is not meat; and the word "vegetable" includes every article of human consumption as food, which (not being" meat, or fish, or milk) is held or offered or intended for sale or consumption as food for human beings, at any place in said city; and all fish and meat found therein shall be deemed to be therein and held for such sale or consump- tion as such food, unless the contrary be distinctly proved. (Id., sec. 6.) § 7. The word " cattle " shall be held to include all ani- mals, except birds, fowl and fish, of which any part of the body is used as food; the word " butcher " shall be held to include whoever is engaged in the business of keeping, driving or slaughtering any cattle or in selling any meat; the words " private market " shall include every store, cellar, stand and place (not being a part of a public market) at which the business is the buying, selling or keeping for sale of m.eat, fish or vegetables for human food. (Id., sec. 7.) Misfeasance and Nonfeasance. § 8. No person shall carelessly or negligently do or devise or contribute to the doing of any act or thing dangerous to the life or detrimental to the health of any human being; nor shall any person knowingly do or advise or contribute to the doing of any such act or thing (not actually author- ized by law), except with justifiable motives, and for ade- quate reasons; nor shall any person omit to do any act, or to take any precaution, reasonable and proper, to prevent or remove danger or detriment to the life or health of any human being. (Id., sec. 8.) Obedience to Ordinances and Regulations. § 9. Every contractor in these ordinances referred to, and every person who has contracted or undertakes, or is bound to do or is engaged in doing any one of the things in respect of which these ordinances contain provisions or regulations, shall comply with these ordinances^ to the extent that any contract, obligation or duty requires or permits; and no direction of any contractors or persons shall excuse him for a non-compliance with any of said ordinances. (Id., sec. 9.) § 10. It is hereby declared to be the duty of every owner and part owner and person interested, and of every lessee, tenant and occupant of or in any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in The City of New York, and of every person con- ducting or interested in business therein or thereat, and of every person who has undertaken to clean any place. CODE OP ORDINANCES OF THE CITY OP NEW YORK. 125 ground or street therein, and of every person, public officer and department having charge of any ground, place, build- ing or erection therein, to keep, place and preserve the same and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be a nuisance or be dangerous or pre- judicial to life or health. The term "building," as used in this section, includes a railway car, booth, tent, shop or other erection or enclosure. (Id., sec. 10.) § 11. Every person shall observe and obey each and every special regulation and every order of this Board that is or may be made for carrying into effect any of the ordinances or powers hereinbefore or hereinafter contained, or any law of this State or otherwise, whether issued directly by the Board, or promulgated by any bureau charged there- with, as if the same had been herein inserted at length. (Id., sec. 11.) But no penalty can be recovered for a disobedience of an order unless one is prescribed. Health Dept. vs. Knoll, 70 N. Y. 530. § 12. No person shall omit or refuse to comply with, or resist any of the provisions of the Sanitary Code, or any of the rules, orders, sanitary regulations, or ordinances estab- lished or declared by this Board under or pursuant to any of the provisions of the seventy-fourth chapter of the Laws of 1866; or of chapter 686 of the Laws of 1866; or of chap- ter 956 of the Laws of 1867; or of chapter 335 of the Laws of 1873; or of chapter 757 of the Laws of 1873; or of chapter 636 of the Laws of 1874; or of chapter 378 of the Laws of 1897; or of chapter 466 of the Laws of 1901; nor shall any person refuse or neglect to comply with any of the pro- visions of the said laws in so far as the same are now in force and applicable to The City of New York; or omit or refuse or neglect the execution of any order or special regulation of this department; no person shall interfere with or obstruct any Inspector of this department when making the inspections or examinations ordered by this Board, or when executing its orders. (Id., sec. 12.) § 13. The owner, lessee, tenant and occupant of any building or premises, or of any part thereof, where there shall be a nuisance, or a violation of any ordinance or sec- tion of the Sanitary Code, shall be jointly and severally liable therefor, and each of them may be required to abate the nuisance, or comply with the order of the Board of Health in respect to the premises, or the part thereof, of which such person is owner, lessee, tenant or occupant. (Id., sec. 13.) Golden vs. Health Dept., 21 App. Div. 420; People ex rel. Copcutt vs. Board of Health, 140 N. Y. 1; Board of Health vs. Copcutt, 140 N. Y. 12; Lawton vs. Steele, 119 N. Y. 226. § 14. Whenever a nuisance in any place or upon any premises in The City of New York shall have been found or declared by resolution of the Board of Health to exist, and 126 CODE OP ORDINANCES OF THE CITY OP NEW YORK. an order shall have been made directing the owner, lessee, tenant or occupant of such premises to make suitable and necessary repairs or improvements, or to abate the said nuisance, such repairs or improvements shall be made, and such nuisance shall be fully abated within the time specified in and by said order. (Id., sec. 14.) False Statements. § 15. No person shall make any false or untruthful state- ment in any application for a permit from the Board of Health. (Id., sec. 15.) § 16. No person shall hereafter erect, or cause to be erected, or converted to a new purpose by alteration, any building or structure, or change the construction of any part of any building by addition or otherwise, so that it, or any part thereof, shall be inadequate or defective in respect to strength, ventilation, light, sewerage, or any other usual, proper, or necessary provision or precaution for the security of life and health; and no person shall make or use a smoke-house or room, or apparatus for smoking meat, without a permit from the Board of Health, and sub- ject to the conditions thereof; nor shall the builder, owner, lessee, tenant or occupant of any such, or of any other building or structure cause or allow any matter or thing to be or to be done in or about any such building or structure dangerous or prejudicial to life or health. (Id., sec. 16.) § 17. No owner or lessee of any building, or any part thereof, shall lease or let or hire out or allow the same or any portion thereof to be occupied by any person, or allow any one to dwell or lodge therein, except when said build- ing or such parts thereof are sufficiently lighted, ventilated, provided and accommodated, and are in all respects in that condition of cleanliness and wholesomeness for which this Code or any law of this State provides, or in which they or either of them require any such premises to be kept. Nor shall any such person rent, let, hire out, or allow, having power to prevent the same, to be used as or for a place of sleeping or residence, any portion or apartment of any building, which apartment or portion has not at least two feet of its height and space above the level of every part of the sidewalk and curbstone of any adjacent street, nor of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell, or exhalation prejudicial to health. But this section shall not prevent the leasing, renting, or occupancy of cellars or rooms less elevated than aforesaid, and as a part of any building rented or let, when they are not let or intended to be occupied or used by any person as a sleeping apartment, or as a principal or sole dwelling apartment. (Id., sec. 17.) § 18. No person having the right and power to prevent the same shall knowingly cause or permit any person to CODE OF ORDINANCES OF THE CITY OF NEW YORK. 127 sleep or remain in any cellar, or in any bathroom, or in any room where there is a water-closet, or in any place dang-er- ous or prejudicial to life or health, by reason of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious or offensive odors or substance, or other- wise. (Id., sec. 18.) § 19. No ov^mer, lessee, or keeper of any tenement-house, lodging--house, boarding'-house, or manufactory, shall cause or allow the same to be overcrowded or cause or allow so g-reat a number of persons to dwell, be, or sleep in any such house, or any portion thereof, as thereby to cause any dang-er or detriment to life or health. (Id., sec. 19.) § 20. Every person who shall be the ovmer, lessee, or keeper or manager of any tenement-house, boarding-house, lodging-house, or manufactory, shall provide, or cause to be provided, for the accommodation thereof, and for the use of the tenants, lodgers, boarders and workers thereat, ade- quate privies, or water-closets, and the same shall be ade- quately ventilated, and shall at all times be kept in such cleanly and wholesome condition as not to be offensive, or be dangerous or detrimental to life or health. And no offensive smell or gases, from or through any outlet or sewer, or through any such privy or water-closet, shall be allowed by any person aforesaid to pass into such house or any part thereof, or into any other house or building. (Id., sec. 20.) § 21. For all lodging-houses in The City of New York containing rooms in which there are more than three beds for the use of lodgers or in which more than six persons are allowed to sleep, a permit from the Board of Health shall be required, and no person shall have, lease, let or keep any such lodging-house or the lodgings therein, or assist in the keeping, hire, or assist in hiring, or conduct the business of any such lodging-house, or the lodgings therein, except pursuant to the terms and conditions of such permit. The beds in all lodging-houses and in every room in which beds are let for lodgers shall be separated by a passageway of not less than two feet, horizontally, and all the beds shall be so arranged that under each of them the air shall freely circulate, and there shall be adequate ventilatiom Four hundred cubic feet of air space shall be provided and allowed for each bed or lodger. (Id., sec. 21.) § 22. Every owner, lessee, tenant and manager of any boarding-house or manufactory, shall cause every part thereof and its appurtenances to be put and shall thereafter cause the same to be kept, in a cleanly and wholesome con- dition, and shall cause every room thereof in which any person may sleep, dwell or work, to be adequately lighted and ventilated; and, if the same be a manufactory, shall cause every part thereof in which any person may work, to be maintained at such temperature, and be provided with such accommodations and safeguards as not, by reason of 128 CODE OF ORDINANCES OF THE CITY OF NEW YORK. the want thereof, or of anything about the condition of such manufactory or its appurtenances, to cause any unnecessary danger or detriment to the life or health of any person being properly therein or thereat. (Id., sec. 22.) § 23. All filthy and dirty walls and ceilings of any build- ing, including the walls and ceiling of the cellar thereof, shall be thoroughly cleaned and whitewashed whenever required by the Board of Health. (Id., sec. 23.) § 24. The roofs and skylights of all buildings shall be kept in a condition of good repair so that rain water shall not enter the building. (Id., sec. 24.) § 25. No master or teacher, or manager of or in any school, public or private, or of or in any Sunday school or gymnasium, or the officers or managers thereof, or officers or managers or persons having charge of any place of pub- lic worship, shall so far omit or neglect any duty or reason- able care or precaution respecting the safety or health of any scholar, pupil or attendant, or respecting the tempera- ture, ventilation or cleanliness or strength of any church, hall of worship, school house, school room or place of prac- tice or exercise, or relative to anything appurtenant thereto, as that by reason of such neglect or omission, the life or health of any person shall suffer or incur any avoidable peril or detriment, and no day nursery shall be conducted in The City of New York without a permit from the Board of Health. (Id., sec. 25.) § 26. Every keeper or proprietor of a hotel or boarding house, and every other person having for use a bathing house upon any beach or shore of the ocean, for the accom- modation of his guests or other persons for pay, shall pro- vide for the safety of such bathers two lines of sound, serviceable and strong inanila or hemp rope, not less than one inch in diameter, anchored at some point above high water, at the same distance apart as the line of bathing houses, or space fronting on such beach occupied by him is in width; and from the two points at which such life lines are so anchored, such line shall be made to extend as far into the surf as bathing is ordinarily safe and free from danger of drowning to persons not expert in swimming, and at such points of safety such lines shall be anchored and buoyed. From the two points of such lines so extended, anchored and buoyed, a third line shall be extended, con- necting the two extremities, and buoyed at such points as to be principally above the surface of the water, thereby inclosing a space within such lines and the beach within which bathing is believed to be safe. Every such keeper or proprietor or other such person shall cause to be painted and put up in some prominent place upon the beach, near such bathing houses, the following words: " Bathing beyond the lines dangerous." Such lines so placed, anchored and buoyed and such notice so put up, shall continue and be so jnaintained by every such keeper, proprietor or other per^ CODE OF OBDINANCES OF THE CITY OF NEW YORK. 129 Bon during" the entire season of surf bathing-. The owner of a bathing house shall not be subject to the provisions of this section where it is used, occupied or maintained by a lessee for hire, but such lessee shall be deemed the keeper or proprietor thereof. No bathing establishment shall be maintained in The City of New York or along the water front of said city without a permit from the Board of Health. (Id., sec. 26.) Sewerage and Drainage, § 27. Every person using, making or having- any drain, soil pipe, passage or connection between any sewer (or with any river or other body of water) and any ground, building, erection or place of business, and in like manner every owner or tenant of any grounds, buildings or erec- tions, and every person interested in such place of business or the business thereat, and in like manner every board, flepartment, officer and person (to the extent of the right and authority of each), shall cause and require such drain, soil pipe, passage and connection to be at all times adequate for its purpose, and to convey and allow, freely and entirely, to pass whatever enters or should etiter the same; and no change shall be made of the drainage, sewerage or the sewer connection of any house or premises, Involving changes in the drainage, sewerage or sewer connection of any other house or premises, unless at least thirty days' notice thereof in writing shall have been previously given to this department, and to the owner or occupant of the premises affected by such change. (Id., sec. 27.) See sec. 1215, L. 1901, chap. 466. Matter of Van Buren, 79 N. T. 384. § 28. It shall be the duty of all boards, departments, officers and persons having power and authority so to do or require (and to the extent thereof) to cause sufficient water to be used, and other adequate means to be taken, so that whatever substance may enter any sewer shall pass speedily along and from the same, and sufficiently far into some water or proper reservoir, that no accumulations shall take place, and no exhalations proceed therefrom, dangerous or prejudicial to life or health. (Id., sec. 28.) § 29. No brick, sheet metal, or earthenware material or chimney flue shall be used as a sewer ventilator, or to ven- tilate any trap, drain, soil or waste pipe. (Id., sec. 29.) § 30. The soil, waste and vent pipes in an extension to any building must be extended above the roof of the main building if within thirty feet of the front or rear windows of the main building or of an adjoining building, or if so located as to cause a nuisance. (Id., sec. 30.) § 31. All joints in iron drain pipes, soil and waste pipes, must be filled with oakum and lead and hand caulked so as to make them gas tight. All connections of lead with iron pipes must be made with a brass sleeve or ferrule of the game size as the lead pipe, put in the hub of the branch of 9 130 CODE OF ORDINANCES OF THE CITY OF NEW YORK. the iron pipe, and caulked with lead. The lead pipe must be attached to the ferrule by a wiped or overcast joint. All connections of lead Avaste and vent pipes shall be made by means of wiped joints. (Id., sec. 31.) § 32. All house drains, waste, soil and vent pipes, traps and water pipes in any building- and premises shall at all times be kept in g-ood order and repair so that no g-ases or odors shall escape therefrom and so that the same shall not leak. (Id., sec. 32.) § 33. Every water closet, urinal, sink, basin, wash tray, bath and every tub or set of tubs and hydrant waste pipe must be separately and effectively trapped; except where a sink and wash tubs immediately adjoin each other, in which case the waste pipe from the tubs may be connected with the inlet side of the sink trap. Traps must be placed as near the fixtures as practicable, and in no case shall a trap be more than two feet from the fixture. In no case shall the waste from a bath tub or other fixture be connected with a water closet trap. No trap vent pipe shall be used as a waste or soil pipe. (Id., sec. 33.) § 34. No drain pipe from a refrig-erator shall be con- nected with the soil or waste pipe, but it shall discharge into a properly trapped, sewer-connected, water supplied open sink. No overflow pipe from a tank shall discharge into any soil or waste pipe, or water closet trap or into the drain or sewer, but it may discharge upon the roof or into an open water-supplied tank. (Id., sec. 34.) § 35. Rain water leaders shall be sound, tig-ht and ade- quate for their purpose, and shall not be used as soil, waste or vent pipes, or be connected therewith; nor shall any soil, waste or vent pipe be used as a leader. When vsdthin the house, the leader must be of cast iron, with leaded joints; when outside of the house and connected with the house drain it must be trapped beneath the ground or just inside of the wall, the trap being arranged in either case so as to prevent freezing. In every case where a leader opens near a window or a lightshaft, it must be properly trapped at its base. The joint between a cast iron leader and the roof must be made gas and water tight by means of a brass ferrule and lead or copper pipe properly connected. (Id., sec. 35.) § 36. The waste or soil pipe in every lodging house or other dwelling in The City of New York shall be ventilated by extending the same by means of a pipe of the same size to the height of not less than two feet above the roof of the building. (Id., sec. 36.) § 37. No privy vault or cesspool shall be allowed to remain on any premises, or shall be built in The City of New York, unless when unavoidable. The sides and bottom of every privy vault, cesspool or school sink in The City of New York must be impermeable and secure against satura* CODE OF ORDINANCES OF THE CITY OF NEW YORK. 131 tion of the walls or the ground above the same. No water closet or privy shall be constructed without adequate pro- ^ision for the effectual and proper ventilation and cleansing thereof. (Id., sec. 37.) § 38. No person, persons, company or corporation shall cause, permit or allow any sewage, drainage, factory refuse or any foul or offensive liquid or other material to flow, leak, escape or be emptied or discharged into the waters of any river, stream, canal, harbor, bay or estuary, or into the sea within the city limits, excepting under low-water mark, and in such manner and under such conditions that no nuisance can or shall be caused thereby or as a result thereof; (Id., sec. 38.) Street Drainage. § 39. Every person, when cleaning any street, shall clean, and every contractor shall cause to be cleaned, the gutters and parts of the street along which the water will run, before using any water to wash the same; and no sub- stance that could be before scraped away shall be washed or allowed to be carried or be put into the sewer, or into any receptacle therewith connected. (Id., sec. 39.) § 40. No person being owner, lessee, tenant or occupant of any building or premises, shall allow any water or other liquid to run from or out of such building or premises upon or across any sidewalk or curbstone, and if such substance is allowed to pass into any street, it must reach the same by a passage, to be kept at all time adequate and in repair, under or through such flagstone or curbstone; and no water or other liquid, or ice therefrom, shall be allowed to gather or remain on the upper surface of such curb, flagstone or passage; nor shall such person allow any accumulation of such water or liquid, or the ice therefrom, upon any street or place, but shall at all times cause the same to be removed or to pass along the gutter or some proper passage to one of the rivers or into a sewer. (Id., sec. 40.) § 41. Every owner, tenant, lessee and occupant of any building or lot (whether vacant or occupied) within or near the built-up portions of said city, shall keep and cause to be kept the sidewalk and flagging, and curbstone in front thereof, free from obstructions and nuisances of every kind, and shall not allow anything in the area or yard or on or about his premises to become a nuisance, or dangerous or prejudicial to life or health. (Id., sec. 41.) Food and Drink. § 42. No meat, fish, birds, fowl, fruit, vegetables or milk not being then healthj'-, fresh, sound, wholesome and safe for human food, nor any meat or fish that died by disease or accident, shall be brought into The City of New York, or offered or held for sale as such food anywhere in said city. 132 CODE OF ORDINANCES OF THE CITY OF KEW VOUK. nor shall anj- such articles be kept or stored therein. (Id., sec. 42.) An ordinance forbidding sale of decayed meat and vegetables held reasonable. Town of Newton vs. Lyons, 11 App, Div. 1U5. § 43. No calf, or the meat thereof, shall be brought into The City of New^ York or held, sold or offered for sale for human food, vrhich, v^^hen killed, w^as less than four wrecks old, or w^hen killed and dressed weighs less than forty-five (45) pounds. No pig, or the meat thereof, shall be brought into The City of New York, or held, sold, or offered for sale for human food, which, when killed, was less than 15ve weeks old. No lamb, or the meat thereof, shall be brought into The City of New York, or held, sold, or offered for sale for human food, which, when killed, was less than eight weeks old. Nor shall any meagre, sickly, or unwholesome fish, birds or fowl be brought into said city, or held, sold, or offered for sale for human food. (Id., sec. 43.) § 44. No cattle shall be killed for human food while in an overheated, feverish or diseased condition; and all such diseased cattle, in The City of New York, and the place where found and their disease, shall be at once reported to this department by the owner or custodian thereof, that the proper order may be made relative thereto, or for the removal thereof from said city. (Id., sec. 44.) § 45. The body of any animal or any part thereof, which is to be used as human food, shall not be carted or carried through the streets or avenues, unless it be so covered as to protect it from dust and dirt; and no meat, poultry, game or fish shall be hung or exposed for sale in any street or outside of any shop or store, or in the open win- dows or doorways thereof, in The City of New York. No meat or dead animal above the size of a rabbit shall be taken to any public or private market to be sold for human food until the same shall have been fully cooled after kill- ing, nor until the entrails, head and feet (except of poultry and game and except the heads and feet of swine) shall have been removed. (Id., sec. 45.) § 46. No breadstuffs, cake, pastry, dried or preserved fruits, candies or confectionery shall be kept, sold or offered for sale outside of a building in The City of New York, or in any street or public place, unless they be kept properly covered so that they shall be protected from dust and dirt. (Id., sec. 46.) § 47. No person, being the manager or keeper of any saloon, boarding-house or lodging-house, or being employed as a clerk, servant or agent thereat, shall therein or thereat, offer or have, for food or drink, or to be eaten or drunk, any poisonous, deleterious or unwholesome substance, nor allow anything therein to be done or to occur dangerous to life or prejudicial to health. (Id., sec. 47.) § 48. No meat, fish, fruit, vegetable or milk, or unwhole- some liquid shall knowingly be bought, sold, held, offered CODE OF ORDINANCES OP THE CITY OP NEW YORK. 133 for sale, labeled, or any representation made in respect thereof, under a false name or quality, or as being- what the same is not, as respects wholesomeness, soundness or safety for food or drink. (Id., sec. 48.) § 49. Every person, being- the owner, lessee, or occupant of any room, stall or place where any meat, fish, fruit or vegetables, desigTied or held for human food, shall be stored or kept, or shall be held or offered for sale, shall put and keep such room, stall and place, and its appurtenances, in a cleanly and wholesome condition; and every person having- charge, or interested or engaged, whether as prirjcipal or agent, in the care or in respect to the custody or sale of any meat, fish, fruit, birds, fowl or vegetables, designed for human food, shall put and preserve the same in a cleanly and wholesome condition, and shall not allow the same, or any part thereof, to be poisoned, infected, or ren- dered unsafe or unwholesome for human food. (Id., sec. 49.) § 50. No butcher or dealer shall keep in any market any refrigerator or ice-box, unless the same shall be lined with some proper metallic substance, so as to be water tight. (Id., sec. 50.) § 51. In the sale, or keeping for sale, of any beverage or drink, no person shall keep or use any tap, faucet, tank, fountain or vessel, or any pipe or conduit in connection therewith, which shall be composed or made, either wholly or in part, of brass, lead, copper, or other metal or metallic substances that are or will be affected by liquids so that dangerous, unwholesome or deleterious compounds are formed therein or thereby, or such that beer, soda water, syrups or other liquids, or any beverage, drink or flavoring material drawn therefrom shall be unwholesome, danger- ous or detrimental to health. (Id., sec. 51.) § 52. No person shall have at any place where milk, butter or cheese is kept for sale, nor shall at any place sell, deliver, or offer, or have for sale, or keep for use, nor shall any person bring or send to said city any unwholesome, skimmed, watered or adulterated milk, or milk known as " swill-milk," or milk from cows or other animals- that for the most part have been kept in stables or that have been fed in whole or in part on swill, or milk from sick or dis- eased cows or other animals, or any butter or cheese made from any such milk, or any unwholesome butter or cheese. (Id., sec. 52.) Ordinances to prevent sale of adulterated milk are within power of the Department of Health. Polinsky vs. People, 73 N. Y. 65. § 53. No milk which is watered, adulterated, reduced or changed in any respect by the addition of water or other substance, or by the removal of cream, shall be brought into The City of New York, or held, kept, sold or offered for sale at any place in said city; nor shall any one keep, have, sell or offer for sale in the said city any such milk. 134 CODE OP OEDINANCES OF THE CITY OF NEW YORK. The term " adidterated milk," when so used in this Code, means: First. — Milk containing more than eighty-eig-ht per centum of water or fluids. Second. — Milk containing less than twelve per centum of milk solids. Third. — Milk containing less than three per centum of fats. Fourth. — Milk drawn from animals within fifteen days before or five days after parturition. Fifth. — Milk drawn from animals fed on distillery waste, or any substance in a state of fermentation or putrefaction, or on any unwholesome food. Sixth. — Milk drawn from cows kept in a crowded or unhealthy condition. Seventh. — Milk from which any part of the cream has been removed. Edghth. — Milk which has been diluted with water or any other fiuid, or to which has been added, or into which has been introduced, any foreign substances whatever. Ninth. — Milk the temperature of which is higher than fifty degrees Fahrenheit. (Id,, sec. 53.) § 54. Any milk found to be adulterated, which has been brought into The City of New York, or is held or offered for sale in said city, may be seized and destroyed by any Inspector or other officer of this department authorized to inspect same. (Id., sec. 54.) Mere possession of adulterated milk is not an offense. People vs. Timmerman, 79 App. Div. 565. § 55. No condensed milk which is adulterated shall be brought into The City of New York, or held, kept, sold or offered for sale at any place in said city, nor shall any one have, keep, sell or offer for sale in said city any such con- densed milk. The words " condensed milk " mean pure milk from which any part of the water has been removed, or pure milk from which any part of the water has been removed and to which sugars have been added. The term " adul- terated," when used in this section, refers to condensed milk in which. the amount of fat is less than twenty-five per cent. of the milk solids contained therein, or to which any foreign substance whatever has been added, excepting sugars, as in preserved milks. (Id., sec. 55.) § 56. No milk shall be received, held, kept, offered for sale or delivered in The City of New York without a permit from the Board of Health and subject to the conditions thereof. (Id., sec. 56. Amend, by res. passed March 28, 1906, infra.) Held valid in People ex rel. Lieberman vs. Vandecarr, 81 App. Div. 128. Test of validity of the ordinance is its reasonableness, citing cases. Affd. 175 N. Y. 440, 199 U. S. 552. May revoke licenses. Met. Milk and Cream Co. vs. Citv of N Y 98 N. Y. Supp. 894. y . ., § 57. No cream which is adulterated shall be brought into The City of New York or held, kept, sold or offered for sale CODE OF ORDINANCES OF THE CITY OF NEW YORK. 135 in said city, nor shall any one keep, have, sell or offer for sale in said city any such cream. The term " cream " means the fatty portions of pure milk which rise to the surface when the milk is left at rest, or which are separated by other means. The term *' adulterated," when used in this section, refers to cream to which any foreign substance whatever has been added. (Id., sec. 57.) § 58. Upon any cattle, milk, meat, birds, fowl, fish or veg- etables beng found by any inspector or other oflBcer of this department in a condition which renders them, in his opinion, unwholesome and unfit for use as human food, or in a condition or of a weight or quality in this code con- demned or forbidden, he is empowered, authorized and directed to immediately condemn the same and cause it to be removed to the offal or garbage dock for destruction, and report his action to the department without delay. And the owner or person in charge thereof, when so directed by the said inspector or by an order of the Sanitary Superintendent or an Assistant Sanitary Superintendent, Bhall remove, or cause the same to be removed, to the place designated by the said inspectors or the order of said Sani- tary Superintendent or Assistant Sanitary Superintendent, or to the offal dock, and shall not sell or offer to sell or dis- pose of the same for human food. And when, in the opinion of the Sanitary Superintendent or an Assistant Sanitary Superintendent, any such meat, fish, fruits or vegetables shall be unfit for human food, or any such animal, cattle, sheep, swine or fowls, by reason of disease or exposure to contagious disease, shall be unfit for human food, and improper or unfit to remain near other animals, or to be kept alive, the Board of Health may direct the same to be destroyed, as dangerous to life and health, and may order any such animals, cattle, sheep, swine or fowls to be removed by any inspector, police officer, officer or agent of this department, to be killed and taken to the offal dock. (Id., sec. 58.) § 59. It shall be the duty of every manufacturer, im- porter or other person who manufactures or imports, in The City of New York, any artificial or natural mineral, spring or other water for drinking purposes, to file, under oath, with the Department of Health, the name of such water and the exact location from which it is obtained, together with the chemical and bacteriological analysis thereof, and, when manufactured, the exact formula used in its production, giving qualitatively and quantitatively each and every item entering into its composition. No person shall manufacture or bottle mineral, carbonated or table waters in The City of New York without a permit from the Board of Health. (Id., sec. 59.) § 60. Every butcher or milk dealer, and their agents, shall allow the parties authorized by this department to freely Sind full^ inspect tjie c^ttle^ we^ts, fish, vegetables a»4 milk 136 CODE OF ORDINANCES OF THE CITY OF NEW YORK. held or kept by them, or intended for sale, and will be expected to answer all reasonable and proper questions asked by such persons relative to the condition thereof, and of the places where, such articles may be. (Id., sec. 60.) Water. § 61. No person shall throw or allow to run or pass into any public reservoir, water pipe or aqueduct, or into or upon any border or margin thereof, or excavation or stream therewith connected, any animal, vegetable or mineral sub- stance whatever; nor shall any person (having power or right to prevent the same) do or permit any act or thing that will impair or peril the purity or wholesomeness of any water or other fluid used or designed as a drink, in any part of said city; nor shall any person bathe nor (except in the discharge of a public duty) put any part of his person into such water; nor shall any unauthorized person open any erection or unscrew any hydrant holding such water. (Id., sec. 61.) § 62. It shall be the duty of every person, officer, depart- ment and board having any authority and control in regard to any water designed for human consumption (and within the proper sphere of the duty of each thereof) to take all usual and also all reasonable measures and precautions to secure and preserve the purity and wholesomeness of such water. (Id., sec. 62.) i 63. Water from wells in the Borough of Manhattan shall not be used for drink; nor shall such water be used for any purpose in any tenement or lodging-house; hotel, manu- factory or buildings in which persons are living or employed, or in which there are offices, or a restaurant or saloon, with- out a permit from the Board of Health. Water from wells in the other boroughs of said city, other than the public water supply, shall not be used in any tenement or lodging- house, hotel, manufactory or buildings in which persons are living or employed, or in which there are offices or a res- taurant or saloon, vsdthout a permit from the Board of Health. (Id., sec. 63.) § 64. No person shall destroy or in anywise injure or impair any drinking hydrant, or part thereof, in the said city; nor shall any person interfere with the use or enjoy- ment of the water therein, or therefrom, or interrupt the flow thereof, nor shall any person put any dirty, poisonous, medicinal or noxious substance into or near said w^ater or hydrant, whereby such water is made or may be regarded as dangerous or unwholesome as a drink. (Id., sec. 64.) Drugs, Medicines, Adulterations and Poisons. § 65. No person shall make, prepare, put up, administer or dispense any prescription, decoction or medicine under any deceptive or fraudulent name, direction or pretense; jjor shall an^ ingredient te substituted for ^^ot^^er ixx an^ CODE OF ORDINANCES OF THE CITY OF NEW YORK. 137 prescription; nor shall any false or deceptive representation be made by any person to any other, as to the kind, quality, purpose or effect of any such drug", medicine, decoction, drink or other article offered or intended to be taken as food or medicine. (Id., sec. 65.) § 66. No poison shall be sold at retail by any person in The City of New York without having affixed to the bottle, box, parcel or receptacle containing such poison, a label bearing the word " Poison," distinctly shown, printed or written in red ink, together with the name and place of business of the seller and the name of the poison printed or written upon such bottle, box, parcel or receptacle in plain legible characters. (Id., sec. 66.) § 67. No phenol, commonly known as carbolic acid, shall be sold at retail by any person in The City of New York, except upon the prescription of a physician, when in a stronger solution than five per cent. (Id., sec. 67.) § 68. No person shall have, sell or offer for sale in The City of New York any food which is adulterated. The term ** food," as herein used, shall include every article of food and every beverage used by man, and all confectionery. Food, as herein defined, shall be deemed adulterated: (a) If any substance or substances has or have been mixed with it so as to reduce or lower or injuriously affect its quality or strength. (b) If any inferior or cheaper substance or substances have been substituted wholly or in part for the article. (c) If any valuable constituent of the article has been wholly or in part abstracted. (d) If it be an imitation or be sold under the name of another article. (e) If it consists wholly or in part of diseased or decom- posed or putrid or rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the produce of a diseased animal. (f) If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or if it is made to appear better than it really is or of greater value. (g) If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to the health of the person consuming it; or if it contains any anti- septic or preservative not evident and not known to the purchaser or consumer. Any article of food which does not contain any ingredient injurious to health shall not be deemed adulterated, in the case of mixtures or compounds which may be now, or from time to time, known as articles of food under their own dis- tinctive names, or which shall be labeled so as to plainly indicate that they are mixtures, combinations, compounds or blends. Spirituous, fermented and malt liquors shall be deemed adulterated if they contain any substance or ingredient not 138 CODE OF ORDINANCES OF THt: CITY OF NEW YORK. normal or healthful to exist in spirituous, fermented or malt liquors, or which may be deleterious or detrimental to health when such liquors are used as a beverage. Confectionery should be deemed adulterated if it contains terra alba, barytes, talc or other mineral substance or poi- sonous colors or flavors, other ingredients deleterious or detrimental to health. (Id., sec. 68. Amend, by res. passed Sept. 19, 1906, infra.) § 69. No person shall manufacture, produce, compound, brew, distill, have, sell or offer for sale in The City of New York any drug which is adulterated. The term " drug," as herein used, shall Include all medicines for external or internal use, or both. Drugs, as herein defined, shall be deemed adulterated: (a) If, when sold by or under a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein. (b) If, when sold by or under a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work. (c) If its strength or purity fall below the professed standard under which it is sold. (Id., sec. 69. Amend, by res. passed Sept. 19, 1906, infra.) Cattle, Horses, etc. § 70. No cattle, sheep, swine, horse, goat, goose, or mule, or any dangerous or offensive animal, shall be allowed by any owner, or by any person having charge of the same, to go at large in any street or public place in The City of New York. No pigs, swine or cattle shall be unloaded from any cars upon any street or public place in The City of New York, except pursuant to a permit from the Board of Health. No cattle, pigs, swine or sheep shall be driven to any slaughter-house in the Borough of Brooklyn, except between the hours of eight of the evening and one hour after sunrise of the next morning; nor shall more than twenty cattle, or more than 100 pigs or swine, or more than 150 sheep, be driven together; and they shall be driven in streets and avenues (leading toward their destination) where they will least endanger the lives of human beings, as the Department of Health may designate, provided, that when the landing or transportation of cattle shall have been delayed or pre- vented by ice, fog or unavoidable accident, the Board of Health may, at its discretion, give a permit to land and drive such cattle at other hours than those designated herein, but in no case shall cattle be driven past any school or church. (Id., sec. 70. Amend, by res. passed April 25 and June 13, 1906, infra,) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 139 § 71. No cattle shall be kept in any place where the ven- tilation is not adequate and the water and food are not of such quality and in such condition as to preserve their health, safe condition, and wholesomeness for food. (Id., sec. 71.) § 72. No cows shall be kept in The City of New York with- out a permit from the Board of Health. Every stable and place where any cows, horses, or other animals may be, shall be kept at all times in a cleanly and wholesome condition, and properly ventilated, and no person shall allow any animal to be therein, which is infected with any contagious or pestilential disease. (Id., sec. 72.) § 73. No horses shall be yarded and no cattle, swine, or sheep, geese or goats, sha;ll be kept or yarded within or adjacent to the built-up portion of The City of New York, without a permit from the Board of Health. (Id., sec. 73.) § 74. No cattle, with or without their young calves, shall be led through or along any of the streets of The City of New York without a permit from the Board of Health, and in strict accordance with the routes, hours, and conditions prescribed thereby; and no person shall lead, attempt to lead, or cause to be led, any cattle otherwise than sing'ly, one person with each, nor upon any sidewalks; provided, however, that sheep may be driven on routes prescribed for them, pursuant to the terms and conditions of the permits issued by the Board of Health. (Id., sec. 74.) § 75. No cattle, sheep, swine or calves shall be driven in the streets or avenues of the Borough of Manhattan without a permit from the Department of Health, except in those cas£s where the said cattle, sheep, swine or calves shall be landed at the foot of the street leading to the slaughter- house to which they shall be destined, and where the streets shall be effectively barred or closed, so as to prevent the escape of such cattle, etc., during the transfer from the dock to the slaughter-house. No cattle, sheep, swine or calves shall be landed in the Borough of Manhattan except in accordance with the provisions and restrictions of this ordinance. No cattle, sheep, swine or calves shall be driven in the Boroughs of Brooklyn, The Bronx, Queens and Richmond except in such streets or avenues as shall be set apart and designated by the Board of Health. (Id., sec. 75. Amend, by res. passed April 25, 1906, infra.) § 76. No cellar in The City of New York shall be occupied as a stable for horses, cattle or other animals, without a permit from the Board of Health. (Id., sec. 76.) § 77. No cattle shall be placed or carried, while bound or tied by their legs, or bound down by their necks, in any vehicle in said city, but shall be allowed freely to stand in such vehicle when transported, and while being therein. (Id., sec. 77.) 140 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 78. No person shall take or drive or allow to go or be taken (having- the right and ability to prevent the same), any horse or other animal, or any vehicle, upon any sidew^alk or footpath in front of any building, to the peril of any person; nor shall any person block up or obstruct any street or place, or contribute thereto. (Id., sec. 78.) Fowls and Small Animals. § 79. No live chickens, geese, ducks, or other fowls shall be brought into, or kept, or held, or offered for sale, or killed, in any yard, area, cellar, coop, building, premises, or part thereof, or in any public market, or on any sidewalk, street, or other place within the built-up portions of The City of New York without a permit from the Board of Heath and subject to the conditions thiereof. (Id., sec. 79.) Held valid in People vs. Davis, 78 App. Div. 570. Sanitary Code mere body of local ordinances authorized or ratified by the Legislature. § 80. No person shall sell or keep for sale at any place in The City of New York any dogs, cats, birds or other small animals, without a permit from the Board of Health. (Id., sec. 80.) § 81. No live pigeons shall be kept within the built-up portion of The City of New York wdthout a permit from the Board of Health and subject to the conditions thereof. (Id., sec. 81.) Slaughtering and Slaughter-Bouses. § 82. No person shall kill or dress any animal or meat in any market, and the keeping and slaughtering of all cattle, and the preparation and keeping of all meat and fish, birds and fowl, shall be in that manner which is, or is generally reputed or known to be, best adapted to secure and continue their safety and wholesomeness as food. (Id., sec. 82.) § 83. The business of slaughtering cattle, sheep, svsdne, pigs or calves shall not be conducted in The City of New York without a permit from the Board of Health. Nor shall such business be conducted unless the same shall be in buildings located on or near the water front, and all buildings shall be constructed so as to receive all stock deliverable thereat from boats, cars, or transports, and to secure the proper care and disposition of all parts of the slaughtered animals upon the premises, or the immediate removal thereof by means of boats. It shall not be unlaw- ful, however, to slaughter cattle, sheep, svdne, pigs or calves in the Borough of Brooklyn, at such places where such business was established and carried on on January 3, 1898. (Id., sec. 83.) See Bird vs. Grout, 106 App. Div. 159. § 84. The business of slaughtering cattle, sheep, swine, pigs or calves in the Borough of Manhattan shall be con- ducted on the west side of the borough between the north of the middle line of the block between West Thirty-eighth CODE OF ORDINANCES OF THE CITY OF NEW YORK. 141 and West Thirty-ninth streets and the south side of West Forty-first street, Eleventh avenue and North river, inclus- ive; and the slaughtering of cattle, sheep or calves on the east side of the borough shall be between the north of the middle line of the block between East Forty-second and East Forty-third streets and the south side of East Forty- seventh street. First avenue and East river, inclusive. (Id., sec. 84.) § 85. No building shall be erected or converted into, or used as a slaughter-house in The City of New York until the plans thereof have been duly submitted to the Board of Health and approved in writing by said Board; and no build- ing occupied as a slaughter-house or any part thereof, or any building on the same lot, shall be occupied at any time as a dwelling or lodging place; and every such building shall at all times be kept adequately and thoroughly ventilated. All floors where any meat, refuse, offal, fertilizer or any other materials, derived directly or indirectly from slaugh- tering of animals, are treated or handled must be made water tight, properly drained and sewer-connected, and the walls of the killing, meat dressing and cooling rooms must be covered to the height of six feet above the floor with some non-«bsorbent material. The yards, other than where cattle are kept, must be cemented or paved so as not to absorb liquid filth, and be so graded as to permit the same to flow into the sewer opening. All woodwork, except floors knd counters, must be painted or whitewashed. Blood from slaughtered animals must not be allowed to flow into the sewer or river, but while still fresh must be treated so as not to become offensive. All offensive odors arising from the handling of meat and treating of and caring for offal, blood or any other material stored or manu- factured, must be cared for by destruction or condensation, and not allowed to escape into the outside air. (Id., sec. 85.) § 86. No horses shall be slaughtered in The City of New York without a permit from the Board of Health. The bringing into The City of New York and the keeping or selling of horse flesh for food, and the slaughtering of horses for food in said city are prohibited. (Id., sec. 86.) § 87. No offal or butcher's refuse shall be conveyed through any street or avenue or over any ferry in The City of New York without a permit from the Board of Health and when so conveyed must be in tight boxes, barrels or receptacles, and tightly covered so that no odor shall escape therefrom* No offal or butcher's refuse shall be brought into The City of New York. (Id., sec. 87.) Offensive Trades. § 88. No person shall permit or have any offensive water or other liquid or substance on his premises or grounds. 142 CODE OF ORDINANCES OF THE CITY OF NEW YORK. to the prejudice of life or health, whether for use in any trade or otherwise; and no establishment or place of busi- ness for tanning, skinning, or scouring, or for dressing hides or leather, or for carrying on any offensive or noisome trade or business, shall hereafter be opened, started, established or maintained in The City of New York, without a permit from the Board of Health. And every such establishment now existing shall be kept cleanly and wholesome, and be so conducted in every particular as not to be offensive, or prejudicial to life or health. (Id., sec. 88.) § 89. No person or corporation being a manufacturer of gas, or engaged about the manufacture thereof, shall throw or deposit or allow to run, or shall permit to be thrown or deposited in any public waters, river or stream, or in any sewer therewith connected, or in any street, or public place, any gas, tar or any refuse matter of or from any gashouse works, manufactory, mains or service pipes; or permit the escape of any offensive odors from their works, mains or pipes; nor shall any such person or corporation permit to escape from any of their works, mains or pipes any gas dangerous or prejudicial to life or health, or manufacture illuminating gas of such ingredients and quality that in the process of burning it any substance which may escape therefrom shall be dangerous or prejudicial to life or health; or fail to use the most approved or all reasonable means for preventing the escape of odors. No buildings shall be erected or converted into or used as a place for the manufacture of illuminating gas, until the plans of such buildings and the location thereof have been duly approved in writing by the Board of Health. (Id., sec. 89.) § 90. It shall not be lawful for any person or persons, incorporated or unincorporated, to carry on, establish, prosecute or continue, within the Borough of Manhattan, the occupation or trade or business of bone boiling, bone burning, bone grinding, horse skinning, cow skinning or skinning of dead animals, or the boiling of offal; and any such establishment or establishments, or place of such busi- ness existing vvdthjn said borough, shall be forthwith re- moved out of said borough and such trade, occupation or business shall be forthwith abated and discontinued, pro- viding that nothing in this section contained shall apply to the slaughtering or dressing of animals for sale in said city. (Id., sec. 90.) § 91. The business of bone crushing, bone boiling, bone grinding, bone or shell burning, lime making, horse skin- ning, cow skinning, glue making from any part of dead ani- mals, gut cleaning, hide curing, fat rendering, boiling of fish, sv^ll or offal, heating, drying, storing of blood, scrap, fat, grease or offensive animal or vegetable matter, or manufac- turing materials for manure or fertilizer, shall not be carried on or continued within the Boroughs of Brooklyn, The CODE OF ORDINANCES OF THE CiTY OF NEW YORlt. 143 Bronx, ' Queens or Richniond without a perniit from the Board of Health. Nor shall any buildings be erected or converted or used for the carrying on of any business above mentioned until the plans thereof have been duly submitted to the Board of Health and approved in writing by said board. (Id., sec. 91.) § 92. No occupation or business that is dangerous or det- rimental to life or health shall be established or carried on in The City of New York. (Id., sec. 92.) § 93. All persons engaged in the business of boiling or rendering fat, lard or animal matter shall cause the scrap or residuum to be dried or otherwise prepared so as to effectually deprive such material of all offensive odors, amd to preserve the same entirely inoffensive, immediately after the removal thereof from the receptacles in which the ren- dering process may be conducted. (Id., sec. 93.) § 94. No person shall hereafter erect or establish in said city any manufactory or place of business for boiling any varnish or oil, or for the distilling of any ardent or alcoholic spirits, or for making any lampblack, turpentine or tar, or for the treating and refining of ores, metals or alloys of metals, with acids or heat, or for conducting any other business that will or does generate any offensive or deleteri- ous gas, vapor deposit or exhalation vnthout a permit from the Board of Health. (Id., sec. 94.) § 95. No fat, tallow or lard shall be melted or rendered, except when fresh from the slaughtered animal, and taken directly from the places of slaughter in The City of New York, and in a condition free from sourness and taint and all other causes of offense at the time of rendering, and all melting and rendering must be in steam-tight vessels, and the gases and odors therefrom must be destroyed by com- bustion or other means equally effective, and according to the best and most improved means and processes; and everything preceding, following and in connection with such melting and rendering, and the premises where the same shall be conducted, must be free from all offensive odor, and other cause of detriment to the public health. No fat, lard or tallow shall be brought into The City of New York to be rendered or melted, and none shall be rendered or melted that has come from any place outside of said city. (Id., sec. 95.) § 96. TTie owners, lessees, tenants, occupants and man- agers of every building, vessel or place in or upon which a locomotive or stationary engine, furnace or boilers are used, shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place, so that the same shall not accumulate; nor shall any person cause, suffer or allow smoke, cinders, dust, gas, steam or offensive or noisome odors to escape or be discharged from any such building, vessel or place to the detriment or annoyance of any person 144 CODE 01* 0IID1NA1«CJES OF THE CITY OE NEW YORK. or persons not being therein or thereupon eng-aged. (Id., sec. 96. Amend, by res. passed March 14, 1906, infra.) See People vs. Horton, 41 Misc. Rep. 309, and cases collected in 39 Lawyer's Rep. Ann. 551. Also Dept. of Health vs. Ebling Brew- ing Co., 78 N. Y. Supp. 11; Dept. of Health vs. Ebling Brewing Co., 38 Misc. Rep. 537. § 97. Every owner, lessee, tenant and occupant of any stall, stable or apartment in the built-up portions of The City of New York, in which any horse, cattle or other animal shall be kept, or of any place in which manure, stable refuse or any liquid discharge of such animals shall collect or accumulate shall cause such manure, stable refuse or liquid to be promptly and properly removed therefrom, and shall at all times keep or cause to be kept such stalls, stables or apartments, and the drains, yards and appurtenances thereof, in a clean and sanitary condition, so that no offen- sive odors shall be allowed to escape therefrom. Every such stable, and the yards and appurtenances thereof, shall be connected with the sewer in the street in front thereof. It shall be the duty of every such owner, lessee, tenant or occupant to cause all manure and stable refuse to be removed daily from such stable or stable premises, unless the same are pressed in bales, barrels or boxes, as herein- after provided. It shall not be lawful to remove manure and stable refuse in carta or wagons, or to cart the same within the city without a permit from the Board of Health, and such carts and wagons shall be of a construction approved by said board, and every such cart or wagon must have a permit from the board, and be used in accordance ■with the terms of such permit and not otherwise. Manure carts and wagons shall be loaded within the stable prem- ises and not upon the street or sidewalk, and the manure and stable refuse shall be removed from such premises in a manner not in any way offensive or so as to cause any nuisance. All manure and stable refuse when transported through the streets must be covered and secured so that no part of the same will fall upon the street, and so as to prevent the escape of offensive odors, and the same shall not be unloaded or deposited within the city limits, except upon the conditions of a permit from the Board of Health, and at such docks and places as shall be approved by the board, and to which a permit in writing for such use shall have previously been granted by said board. No manure or stable refuse shall be thrown upon or allowed to fall or remain upon any street or sidewalk or upon any ground near any- stable. No manure vault shall be built or used on any premises within the built-up portions of The City of New York. Every owner, lessee, tenant and occupant of any stall, stable or apartment, in the built-up portions of The City of New York, in which any horse, cattle or other animals shall be kept, and from which the manure and stable refuse are CODE OF ORDINANCES Or THE CITY OF NEW YORK. 145 not removed daily as hereinbefore provided, shall cause the same to be pressed in bales, barrels or boxes, at least once in each day, and so pressed as to reduce the same to not more than one-third of the original bulk. Manure and stable refuse pressed in bales, barrels or boxes, shall be removed to such docks or places as shall be approved by the Board of Health, and to which a permit for such use shall have pre- viously been granted by said board, and such bales, barrels and boxes shall not be opened until delivered at such docks or places. (Id., sec. 97.) Offensive Materials. § 98. No person shall fill in any land under or above water within the linuts of The City of New York, or any of the islands situated within such limits, with garbage, dead ani- mals, decaying matter or any offensive and unwholesome material, or with dirt, ashes or other refuse, when mixed with such garbage, dead animals or portions thereof, decay- ing matter or offensive and unwholesome material. No street sweepings shall be deposited or used to fill up or raise the surface or level of any lot, grounds, dock, wharf or pier in or adjacent to the built-up portions of The City of New York without a permit from the Board of Health. (Id., sec. 98.) § 99. No ground or material filled with offensive matter or substance, or that will emit or allow to arise through or from the samie, any offensive smell or deleterious exhala- tion, shall (adjacent to or within the built-up portion of said city) be opened or turned up or the surface thereof removed, between the first day of May and the first day of October of any year, except according to a permit first obtained therefor from the Board of Health. (Id., sec. 99.) § 100. No part of the contents of or substances from any sink, privy or cesspool, nor any manure, or other offensive substance, shall be by any person deposited or allowed to run or drop into or remain in any street or public place; nor shall the same be thrown or allowed to fall or run into any river or other body of water, save through the proper underground sewers. (Id., sec. 100.) § 101. No person shall gather, collect, accumulate, store, expose, carry or transport in any manner through the streets and public places of this city, or in or to any cellar or house in said city, any bones, refuse or offensive material without a permit from the Board of Health. (Id., sec. 101.) § 102. No swill, brine, urine of animals or other offensive animal matter, nor any stinking, noxious liquid or other filthy matter of any kind, shall by any person be allowed to run or fall into or upon any street or public place, or be taken or put therein. (Id., sec. 102.) § 103. No blood, butcher's offal or garbage, nor any dead animals, nor any putrid or stinking animal or vegetable matter shall be thrown by any person or allowed to go into 10 __ ^ OF TH£ ^' 146 CODE OF ORDINANCES OF THE CITY OF NEW YORK. any street, place, sewer or receiving basin, or into any river or standing- or running v^^ater or excavation or into any ground or premises in the built-up portions of the city. (Id., sec. 103.) § 104. No person shall draw ofE, or allow to run off into any ground, street or place of said city, the contents (or any part thereof) of any vault, privy, cistern, cesspool or sink; nor shall any owner, tenant or occupant of any building to which any vault, sink, privy or cesspool shall appertain, or be attached, permit the contents or any part thereof, to flow therefrom, or to rise within two feet of any part of the top, or permit said contents to become offensive; nor shall any vault, privy, cistern, cesspool or sink be filled or covered with dirt until it has been emptied of its filthy contents. (Id., sec. 104.) § 105. No person shall throw into or deposit in any vault, sink, privy or cesspool any offal, ashes, meat, fish, garbage or other substance except that of which any such place is the appropriate receptacle. (Id., sec. 105.) § 106. Every tub or other receptacle in any sink or privy (or placed, or allowed to stand therein by any owner, tenant or occupant of any building or premises), and used to con- tain any liquid or partially liquid substance, shall be suf- ficiently strong, perfectly tight, and adequately provided with a strong cover and with hoops and handles; shall not be allowed to be filled to within four inches of any part of the top, and shall not be allowed (or its contents) to be offensive. And the provisions of this Code relative to empty- ing cesspools, and to throwing any substance therein, shall apply to said tubs and receptacles as if here repeated and applied thereto. And no person shall throw, drop or allow to fall into the North or East river, or into any street or place, any sub- stance being, or having been, part of the contents of any such vault, cesspool, privy, sink, tub or receptacle or any offal. (Id., sec. 106.) § 107. Neither the contents of any such tub, or of any receptacle, cesspool, privy, vault, sink, water-closet or cis- tern, nor anything in any room, excavation, vat, building, premises or place shall be allowed to become a nuisance, or offensive, so as to be dangerous or prejudicial to life or health. (Id., sec. 107.) § 108. It shall be the duty of every owner, tenant, lessee, occupant or person in charge of any and every building, or place of business in the generally built-up portions of The City of New York, forthwith to provide or cause to be pro- vided, and at all times thereafter to keep and cause to be kept and provided, within such building or place of business, and for the exclusive use of such building or place of busi- ness, separate receptacles for receiving and holding, without leakage, all the ashes, garbage and liquid substances that may accumulate during thirty-six hours, from said building CODE OF ORDINANCES OF THE CITY OF NEW YORK. 147 or place of business, or the portion thereof of which such person may be the owner, tenant, lessee, occupant or in charge, and every such receptacle designed and used to hold ashes shall be made of or lined with some suitable metal. And it shall be the duty of every owner, lessee or agent of any such building or place of business to cause to be sep- arated and put into their respective receptacles all such materials and substances and such receptacles shall not be filled to within four inches of the top thereof. And such receptacles, as w^ell as any light refuse or rub- bish to be removed, shall be kept within the premises until the proper time for removal, and shall then be placed in the area, or within the stoop line only, and shall there remain until such materials or substances are removed by the Department of Street Cleaning, but in no case shall such receptacles be placed where they shall be or become a nuisance. All light refuse or rubbish likely to be scattered or blown about, shall, before being placed outside of any building or premises for removal, be properly bundled, packed or other- wise secured. (Id., sec. 108.) § 109. No person, not for that purpose authorized, shall interfere with the receptacles for ashes, garbage or liquid substances, as provided in accordance with section 108 of the Sanitary Code, or with the contents thereof; nor shall any person in any way handle or disturb such contents. (Id., sec. 109.) § 110. All occupants so preferring may deliver their ashes, garbage and rubbish directly to the proper carts, to be taken away at any hour of the day when said carts may be present; and said carts may take such articles from recep- tacles delivered at any such hour; provided that such garb- age or rubbish be not highly filthy or offensive; and in the latter case the same shall not be so delivered or received during the period from seven o'clock A. M. of any day till ten o'clock of the evening of the same day. (Id., sec. 110.) § 111. No pile or deposit of manure, offal, dirt or garbage, or any accumulation of any offensive or nauseous substance, shall be made within the built-up portions of The City of New York, or upon the piers, docks or bulkheads adjacent thereto, or upon any vessel or scow lying at such pier, wharf or bulkhead; nor shall such deposit or accumulations be made anywhere in this city within 300 feet of any church or place of worship, or inhabited dwelling without a permit from the Board of Health; and no person shall contribute to the making of any such accumulations; nor shall cars or floats loaded with or having in or upon them any such sub- stance or substances be allowed to remain or stand on or along any railroad, street or highway within 300 feet of any inhabited dwelling, nor elsewhere in said city without a permit from the Board of Health; and no manure, garbage or other material that is liable to emit an offensive exhala- 148 CODE OF ORDINANCES OF THE CITY OF NEW YORK. tion shall, in or adjacent to the built-up portions of The City of New York, be turned or stirred, except about its removal, in such a way as to increase such exhalations by reason thereof, nor shall any straw, hay or other substance which has been used as bedding for animals be placed or dried upon any street or sidewalk, or roof of any building; nor shall any straw, hay or other substance, or the con- tents of any mattress or bed, be deposited or burnt without a permit from the Board of Health. (Id., sec. 111.) § 112. Every proprietor, lessee, tenant and occupant of any oyster house, oyster saloon or other premises where any oysters, clams, lobsters or shell or other fish are con- sumed, used or sold, or where any of the refuse matter, offal or shells thereof accumulate, shall daily cause all such shells, offal and refuse matter to be removed therefrom to some proper place, and shall keep his house, saloon and premises at all times free from any offensive smells or accumulations. (Id., sec. 112.) § 113. No person shall obstruct, delay or interfere with the proper and free use, for the purposes for which they may be and should be set apart and devoted, of any dock, pier or bulkhead set apart for the use of any contractor or person engaged in removing any offal, garbage, rubbish, dirt, dead animal, night soil or other like substances, or with the proper performance of such contracts. (Id., sec. 113.) § 114. It shall be the duty of every person (his agents and employees) who has contracted or undertaken to remove any diseased or dead animal, offal, rubbish, garbage, dirt, street sweepings, night soil or other filthy, offensive, or noxious substance, or is engaged about any such removal, or in loading or unloading any such substance, to do the same with dispatch, and in every particular in a manner as cleanly and little offensive and with as little danger and prejudice to life and health as possible, and no matter or material shall lie piled up, or partially raked together, in any street or place, before the removal thereof, more than a reasonable time, nor for more than four hours in the dayiime, under any circumstances. (Id., sec. 114.) § 115. No ship, boat or other vessel shall be taken or allowed by any person to come into or lay to, or at, or within any dock, pier, bulkhead or slip, or be placed therein for the purpose of the shipment or removal of any offal, garbage, rubbish, blood or offensive animal or vegetable matter, dirt or dead animals, or for the use of any contractor for the removal of any of the foregoing substances, without a per- mit from the Board of Health. (Id., sec. 115.) § 116. It shall be the duty of every owner, lessee and tenant of any vacant, sunken or excavated lot in The City of New York to keep the same at all times clean and inoffensive and free from the accumulation of water thereon, and to maintain around the same a proper fence, so as to effectu- ally prevent the throwing or depositing therein or there- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 149 upon any g-arbage or offensive thing whatsoever, and so as to prevent persons passing from falling into such excavation. (Id., sec. 116.) § 117. No person shall deposit upon any street or public place within the generally built-up portion of The City of New York, or upon any paved street, any dirt or brick or other material, or dirt taken from any ground therein, in such manner as to occupy more than 100 square feet of surface of any street or place (and the same shall be com- pact and at one side); nor shall any person allow the same to remain in said street or public place more than twelve hours, without a permit from the Board of Health, or unless such occupancy shall be otherwise duly authorized by para- mount authority. Nor shall any such substance be so depos- ited or allowed to remain by any person as to obstruct the free flowage along any gutter. (Id., sec. 117.) § 118. No lime, ashes, coal, dry sand, hair, feathers or other substance that is in a similar manner liable to be blown by the wind, shall be sieved, agitated or exposed, nor shall any mat, carpet or cloth be shaken or beaten, nor shall any cloth, yarn, garment, material or substance be scoured, cleaned or hung, nor shall any rags, damaged mer- chandise, barrels, boxes or broken bales of merchandise or goods, be placed, kept or exposed in any place where they or particles therefrom will pass into any street or public place, or into any occupied premises. Neither shall any usual nor any reasonable precaution be omitted by any person to prevent fragments or other substancefe from fall- ing, to the peril of life, or dust or light material flying into any street, place or building, from any building or erection, while the same is being altered, repaired or demolished, or otherwise. (Id., sec. 118.) Removal of Filth. § 119. No person shall engage in the business of trans- porting manure, swill garbage, offal or any offensive or noxious substance, or drive any cart for such purpose, in The City of New York, without a permit from the Board of Health. (Id., sec. 119.) § 120. No cart or other vehicle for carrying any manure, swill, garbage, offal, or rubbish, or other neauseous or offensive substance, or the contents of any privy, vault, cesspool or sink, shall, without necessity therefor, be allowed to stand or remain before or near any building, place of business or other premises where any person may be; nor shall any such cart or vehicle be allowed to occupy an unreasonable length of time in loading or unloading, or in passing along any street or through any innabited place or grounds. Such carts, vehicles and all implements used in connection therewith must be kept in an inoffensive and sanitary condition, and, when not in use, shall be stored and 150 CODE OF ORDINANCES OF THE CITY OF NEW YORK. kept in some place where no needless offense shall be given to any of the people of said city. (Id., sec. 120.) § 121. All carts and vehicles for carrying any nauseous or offensive substances, boxes, tubs and receptacles in which any nauseous or offensive substance may be, or may be car- ried, shall be strong and tight, and the sides shall be so high above the load or contents that no part of such con- tents or load shall fall, leak or spill therefrom, and either the vehicle or vessels carried by it shall be so covered as to be inoffensive; and all such material shall be loaded and removed in a sanitary manner, and according to the regula- tions of the Department of Health, and it shall be the duty of every person removing any offensive material to at once replace in said vehicle or vessel any material that may have fallen therefrom upon or in any place, street or premises. (Id., sec. 121.) § 122. All putrid or offensive matter, and all night soil, and the contents of sinks, privies, vaults and cesspools, and all noxious substances, shall, before their removal or exposure, be disinfected and rendered inoffensive by the ownier, lessee, or occupant of the premises where the same may be, or by the person or contractor who removes or is about to remove the same; and no part of the contents of any vault, privy, sink or cesspool shall be removed without a permit from the Board of Health. (Id., sec. 122.) § 123. No boat, scow or other receptacle used in trans- porting garbage to Barren Island or the place of disposal shall be permitted to rtjmain moored or be at any dock, wharf or place within the limits of The City of New York for a longer period than twenty-four hours from the time garbage is first delivered or placed thereon. Garbage shall be received on such boat, scow or other receptacle and trans- ported in a manner approved by the Board of Health. (Id., sec. 123.) Diseased, Injured and Dead Animals. § 124. No diseased cattle, swine, sheep, horses, dogs or cats, which are suffering from or have been exposed to any disease wMch is contagious among such animals, shall be brought into or kept in The City of New York. All persons, corporations or companies bringing milch cows into The City of New York shall furnish a certificate signed by a veterinarian who is a graduate of a recognized veterinary college, with the date of graduation and the name of the college from which the degree was received, to the effect that said cows are free from tuberculosis as far as may be deter- mined by physical examination and the tuberculin test. Said certificate shall give a number which has been permanently attached to each cow, and a description sufficiently accurate for identification, stating the date (which must not be more than sixty days prior to the time when they are brought into the city), the place of examination, the temperature of the CODE OF ORDINANCES OP THE CITY OF NEW YOEK. 151 COW or cows at intervals of three hours for twelve hours before the subcutaneous injection of the tuberculin, the preparation of tuberculin used, the location of the injection, the quantity injected, the temperature at the tenth hour after the injection of the tuberculin and every three hours after the aforesaid tenth hour for twelve hours, or until the reaction is completed. No cow with a certificate which states that said cow gave a reaction of two degrees F. after the injection with 0.5 c. c. of the tuberculin prepared by the Department of Health of The City of New York (or its equivalent), diluted with ten times its volume of a 0.5 per cent, watery solution of carbolic acid, shall be brought into The City of New York. (Id., sec. 124.) § 125. No person shall keep or retain, or allow or cause to be kept or retained, at any place within The City of New York, any animal having the disease known as glanders, or farcy or any other contagious disease, but shall forthwith report the fact to the Department of Health of said city, and, under the direction of the Sanitary Superintendent or Assistant Sanitary Superintendent, shall destroy or cause to be destroyed, remove or cause to be removed, and dispose of such animal or animals in a manner designated by the Sanitary Superintendent or Assistant Sanitary Superin- tendent, and every person who destroys any such animal shall forthwith notify the Department of Health of such destruction, the place of destruction, and the disposition of the body of such animal. (Id., sec. 125.) § 126. All dead horses, before they are placed in the street, Inust have a tag attached giving the name and address of the owner and the stable from which the horse was removed. (Id., sec. 126.) § 127. Every veterinary surgeon who is called to examine or professionally attend any animal vnthin The City of New York having the glanders or farcy or any contagious disease shall report forthwith in writing to the Board of Health of said city the following facts, viz.: First, a state- ment of the location of such diseased animal; second, the name and address of the owner thereof; third, the type and character of the disease. (Id., sec. 127.) § 128. No person shall leave in or throw into any place or street, or public water, or offensively expose or bury, the body (or any part thereof) of any dead or fatally sick or injured animal; nor shall any person keep any dead animal or any offensive meat, bird, fowl or fish in a place where the same may be dangerous to the life or detrimental to the health of any person. (Id., see. 128.) § 129. Any animal, being in any street or public place, within or adjacent to the built-up portion of New York city, and appearing in the estimation of any officer or inspector of this department (and of two discreet citizens, called bj^ such officer or inspector to view the same in his presence) injured or diseased past recovery, for any useful purpose, and not 152 CODE OF OKDINANCES OF THE CITY OF XEV/ YOEK. being attended and properly cared for by the owner or some proper person having" charge thereof for such owner, or n^t having been removed to some private premises, or to some place designated by such officer or inspector, within one hour after being found or left in such condition, may be deprived of life by such officer or inspector, or as he may direct; and shall thereafter, unless at once removed by the owner or person, be treated as any other animal found on a street or place. (Id., s£c. 129.) § 130. Any person having a dead animal or an animal past recovery, and not killed for and proper for use as food, or in any offensive condition, or sick with an infectious or con- tagious disease, on his premises in said city, and every person whose anim^ or any animal in his charge or under his contral in any street or place, may die or become or be in a condition past recovery, shall at once notify the Depart- ment of Health, and under the direction of the Sanitary Superintendent or an Assistant Sanitary Superintendent or an officer of the Police Department, remove or cause the removal of such animal, dead or alive, to such place as may be designated by such official. (Id., sec. 130.) § 131. No person other than the inspectors or officers of this department or the Police Department, or persons thereto authorized, shall in any way interfere wdth such dead, sick or injured animal in any street or place, and no I)erson shall skin or wound such animal in such street or public place, unless to terminate its life as herein authorized, except that the owner or person having control of such animal may terminate the life thereof in the presence and by the consent of a i)oliceman or an inspector or officer of this department. (Id., sec. 131.) § 132. E> ery animal which shows symptoms of rabies and every animal that has been exposed to such disease shall, by the person owning the same or having possession thereof, be at once confined in some secure place for such length of time as to determine whether such disease exists or to show that such exposure has not given such animal said disease, and so as to avoid all danger to life or health. And such person shall also forthwith notify the Department of Health thereof and of the place where such animal is con- fined. Every animal which is mad or has rabies shall at once be killed by the owner or persons having possession thereof, or by the Department of Health, and the body of any animal that has died of such disease, or being suspected of such disease has been killed, shall be at once surrendered to the Department of Health to be by it disposed of. Should a dog bite any person it shall be the duty of the owner, or person having the same in his possession or under his control, to at once notify said department thereof, and surrender said dog to said department for inspection and observation; and such dog shall be returned to the person from whom the same shall have been received if found not CODE OF ORDINANCES OF THE CITY OF NEW YORK. 153 rabid, and if found to be rabid, it shall be destroyed by said department. When the police or other person or authorities destroy a dog" for any of the causes herein mentioned, it shall be his or their duty to immediately notify the said department thereof and of the location of its body, so that the same may be obtained by the said department; and it shall be unlawful to remove any such dog- or the body of any such animal heretofore mentioned except as herein provided. (Id., sec. 132.) Infectious Diseases. § 133. It shall be the duty of every physician to report to the Department of Health, in writing, the full name, age and address of every person suffering from any one of the infectious diseases included in the list appended, with the name of the disease, within twenty-four hours of the time when the case is first seen: A. — Contagious (very readily communicable) ; Measles, rubella (rotheln), scarlet fever, small-pox, varicella (chicken- pox), typhus fever, relapsing- fever. B. — Communicable: Diphtheria (croup), tj'-phoid fever, Asiatic cholera, tuberculosis (of any organ), plague, tetanus, anthrax, glanders, epidemic cerebro-spinal meningitis, leprosy, infectious diseases of the eye (trachoma, suppurative conjunctivitis), puerperal septicaemia, erysipelas, whooping cough. C. — Indirectly communicable (throug-h intermediary host) : Yellow fever, malarial fever. Note. — In this provisional classification of the infectious diseases, arranged for practical purposes, the most readily communicable of these diseases, embracing- the exanthemata and typhus fever, have been placed in a g-roup by themselves and called contagious. This has been done with a view to emphasizing- a distinction, which is not only of scientific significance, but of practical importance, in dealing- with the sanitary features of administration. This distinction is fur- thermore of importance because it avoids the misunder- standing and alarm frequently caused by including" in the same class the very readily communicable disease (such as small-pox), and the much less communicable diseases (such as tuberculosis), which require very different sanitary measures for their control. (Id., sec. 133.) § 134. It shall be the duty of the commissioners or mana- g-ers or the principal superintendent or physician of each and every public institution or dispensary, in this city, to rejKjrt to the Department of Health, in writing-, the full name, ag-e and address of any person suffering- from any one of the infectious diseases included in the list appended, with the name of the disease, within twenty-four hours of the time when the case is first seen: A. — Communicable : Influenza, lobar pneumonia, broncho- pneumonia, infectious dis^as^s of the gastro-int?stinal canal 154 CODE OF OEDINANCES OF THE CITY OF NEW YORK. (dysentery, cholera morbus, cholera infantum, summer diarrhoeas of infants). B. — Parasitic diseases of the skin: Scabies, tin^a tonsurans, impetigo (contagious), favus. Note. — In this list of diseases reporting is required by the Department of Health in order that data may be obtained for general and spjacial investigation of the modes and sources of infection and as to the prevalence and distribu- tion of these diseases. The Department of Health does not purpose to exercise a sanitary surveillance in these cases, but desires information with a view to the ultimate removal or improvement in the conditions which now foster them. Notilication is required in certain of these diseases because of the liability to tlieir extension among the children in schools. (Id., sec. 134.) § 135. It shall be the duty of every physician to report forthwith, in writing, to the Department of Health, the death of every person who dies from, or while suffering with, any infectious disease, and to state in such report the specific name and type of such disease. (Id., sec. 135.) § 136. It shall be the duty of every keeper of any boarding house or lodging house, and the proprietor of every lodging house or hotel, to report forthwith to the Department of Health all the known facts in regard to any person ill, in any house or hotel under his or her charge, and suffering from any one of the following infectious diseases: Measles, diphtheria (croup), scarlet fever, smallpox, chickenpox, epidemic cholera, typhus fever, rubella (rotheln), plague, tuberculosis and whooping cough. (Id., sec. 136.) § 137. It shall be the duty of every person having knowl- edge of the existence of any person afflicted with any one of the following infectious diseases: Measles, diphtheria (croup), scarlet fever, smallpox, chickenpox, epidemic cholera, typhus fever, rubella (rotheln), plagne, tuberculosis and whooping cough, who he has reason to think requires the attention of the Department of Health, to at once report to the department all facts in regard to the disease; and no person shall interfere with or obstruct the entrance, inspec- tion or examination of any building or house, or the occu- pants thereof, by the inspectors and officers of this depart- ment, when any case of one of the infectious diseases above specified has been reported as existing in such house or dwelling; nor shall any person interfere wdth or obstruct, mutilate or tear down any notices of this department posted in or on any premises in The City of New York. (Id., sec. 137.) § 138. It shall be the duty of the commissioners or mana- gers or the principal, superintendent or physician of each and every public or private institution or dispensary in this city to report to the Department of Health, in vrriting, or to cause such report to be made by some proper and competent person, the aame, age, sex, occupation and Ip-test address of CODE OF ORDINANCES OP THE CITY OP NEW YORK. 155 every person afflicted with tuberculosis, who is In their care or who has come under their observation, within one week of such time. It shall be the duty of every person sick with this disease and of every person in attendance upon any one sick with this disease, and of the authorities of public and private institutions or dispensaries, to observe and enforce all the sanitary rules and regiilations of the Board of Health for preventing the spread of pulmonary tuberculosis. (Id., sec. 138.) § 139. Whenever an Inspector of this department shall report in writing that any person is sick of any infectious disease, under such circumstances that the continuance of such sick person in the place where he or she may be is dangerous to the lives of other persons residing in the neigh-^ borhood, the Sanitary SuiJerintendent, an Assistant Sanitary Superintendent or the Chief Inspector of the Division of Contagious Diseases, upon the rex>ort of the Medical In- spector of the department, may cause the removal of such sick person to one of the hospitals under the charge of this department or to a hospital delegated by the Board of Health. (Id., sec. 139.) But no person can be quarantined simply because he has not been vaccinated. Matter of Smith, 146 N. Y. 68. § 140. In every public hospital and dispensary in The City of New York there shall be provided and maintained a suitable room or rooms for the temporary isolation of persons suffering from any of the following infectious dis- eases: Measles, diphtheria (croup), scarlet fever, smallpox, chickenpox, epidemic cholera, tj'phus fever, rubella (rotheln), plague and whooping cough; and siich persons shall imme- diately be separated from other persons at such dispensary or hospital. It shall be the duty of the physician or physi- cians, and of the officers and managers of every hospital or dispensary, to cause a report to be immediately made to the Department of Health of The City of New York of every person afflicted with any one of the infectious diseases herein specified who comes to their knowledge, and to have such persons properly isolated from other persons. (Id,, sec. 140.) § 141. It shall be the duty of every undertaker having notice of the death of any person within The City of New York of smallpox, diphtheria (croup), scarlet fever, yellow fever, typhus fever, Asiatic cholera, measles or any other infectious disease dangerous to the general health of the community, or of the bringing of the dead body of any person who has died of any such disease into such city, to give immediate notice thereof to this department. No person shall retain or expose or assist in the retention or exx>osure of the dead body of any such person except in a coffin or casket properly sealed; nor shall he allow any such body to be placed in any coffin or casket unless the body has Jbeen wrapped in a sheet saturated with a proper disinfect- ing solution and the coffin or casket shall then be imme- 156 CODE OF ORDINANCES OF THE, CITY OF NEW YORK. diately and permanently sealed. No undertaker shall assist in the public or church funeral of any such person. No undertaker shall use, or cause or allow to be used, at any funeral, or in any room where the dead body of any person shall be, any draperies, decorations, rugs or carpets, belong- ing to or furnished by him or under his directiopi. (Id., sec. 141.) § 142. A public or church funeral shall not be held of any person who has died of smallpox, diphtheria (croup), scarlet fever, yellow fever, typhus fever, Asiatic cholera, measles or plague; but the funeral of such person shall be private, and it shall not be lawful to invite or permit at the funeral of any person who has died of any one of the above diseases or of any infectious disease or at any services con- nected therewith, any person whose attendance is not neces- sary, or to whom there is danger of contagion thereby. (Id., SJBC. 142.) § 143. No person shall within this city, without a permit from the Board of Health, carry, remove or cause or permit to be carried or removed, any person sick with any infec- tious disease, or remove or cause to be removed any such person from any building or vessel to any other building or vessel or to the shore or to or from any vehicle in any part of the city. Nor shall any person, by any exposure of any individual sick of any infectious disease, or of the body of such person, or by any negligent act connected therewith, or in respect of the care or custody thereof, or by a need- less exposure of himself, cause or contribute to or promote the spread of disease from any such person or from any dead body. (Id., sec. 143.) § 144. Every owner, lessee, tenant and occupant of any dwelling or apartment in The City of New York shall forth- with report to the Department of Health in writing the removal of any person from such dwelling or apartment who shall be suffering from any of the following infectious diseases: Measles, diptheria (croup), scarlet fever, small- pox, chickenpox, epidemic cholera, typhus fever, rubella (rotheln), plague, whooping cough or tuberculosis (of any organ). (Id., sec. 144.) § 145. No principal or superintendent of any school, and no parent, master or custodian of any child or minor (hav- ing the power and authority to prevent) shall permit any child or minor having scarlet fever, diphtheria (croup), smallpox or any dangerous, infectious or contagious disease, or any child in any family in which any such disease exists or has recently existed, to attend any public or private school until the Board of Health shall have given its per- mission therefor, nor in any manner to be unnecessarily exposed, or to needlessly expose any other person to the taking or to the infection of any contagious disease. (Id., sec. 145.) CODE OF OStHKA^^CES OF THE ClTV OF NEW YORK. 157 Disinfection. § 146. Adequate disinfection or cleansing- and renovation of premises, furniture and belongings, deemed by the Department of Health to be infected by contagious or com- municable diseases, shall immediately follow the recovery, death or removal of the person suffering from such disease, and such disinfection or cleansing and renovation shall be performed by the owner or occupant of said premises when ordered by the Board of Health. (Id., sec. 146.) Tacdnatioriy Antitoxin. S 147. Every person, being the parent or gfuardian, or hav- ing the care, custody, or control of any minor, or other individual, shall (to the extent of any means, power ana authority of said parent, guardian, or other person that could properly be used or exerted for such purpose) cause and procure such minor or individual to be so promptly, frequently, and effectively vaccinated, that such minor or individual shall not take, or be liable to take the smallpox. (Id., sec. 147.) But if a person be not vaccinated he cannot be quarantined unless the conditions to communicate tlie disease exist. Smith vs. Emery, 11 App. Div. 10; Matter of Smith, 146 N. Y. 68; Viermeir vs. White, 179 N. Y. 235. § 148. That no preparation of diphtheria antitoxin shall be offered or exposed for sale in this city unless the recep- tacle containing such preparation bear a label on which is placed the name and the address of the producer, and upon such label, or upon a circular accompanying such receptacle and inclosed with it in a sealed package, shall be printed or written the date of production and the value of the contents in antitoxin, as measured by some generally recognized standard. (Id., sec. 148.) Vessels and Seamen. § 149. The master, chief officer, and consignee of every vessel not being in quarantine, or within quarantine limits, but being within one-fourth of a mile of any dock, wharf, pier or building of said city, shall daily report to the Department of Health, or cause to be reported, in writing, the particulars, and shall therein state the name, disease and condition of any person being in or on such vessel, and sick of any infectious disease. (Id., sec. 149.) The power of public authorities to protect the public from con- tagious diseases on vessels considered. Lockwood vs. Bartlett, 130 N. Y. 340. § 150. The keepers, lessees, tenants and owners of every boarding-house and lodging-house shall forthwith notify the Department of Health of the fact of any sea-faring man or person latelj- from any vessel being taken sick at such house, and shall in such notice state where such sick person 158 CODE OF OEDINANCES OF THE CITY OF NEW YOEK. may be found, and from what vessel, and when he came, to the best of the knowledge of the person or persons giv- ing such notice. (Id., sec. 150.) § 151. Every master and chief officer of any vessel, and every physician of, or who practiced on, any vessel which shall arrive in the port of New York from any other port, shall at once report to this department any facts connected with any person or thing on said vessel, or that came thereon, which he has reason to think may endanger the public health of this city; and he shall report the facts as to any person being or having been sick thereon, of an infectious disease, and as to there being or having been, during the voyage or since her arrival, any infected person or articles thereon. (Id., sec. 151.) § 152. No master, charterer, owner, part owner or con- signee of any. vessel, or any other person, shall bring to any dock, pier, wharf or building within 1,000 feet thereof, in said city, or unload at any dock, building, or pier therein, or have on storage in the built-up portions of said city, any skins, hides, rags, or similar articles or materials having been brought from any foreign country or any infected place, or from any points south of Norfolk, Virginia, with- out or otherwise than according to a permit from the Board of Health, and no j)erson shall sell, exchange, remove or in any way expose any straw, bedding or other articles used by immigrants upon any vessel bringing immigrants to this port, until it has been adequately and properly cleansed or disinfected; and all straw, bedding or other articles that have been exposed on any vessel to contagion or infection of any contagious disease, or have been or are liable to coinmunicate such disease, shall be destroyed by fi^e on said vessel. (Id., sec. 152.) § 153. No owner, agent, or consignee of any vessel, or cargo, and no officer of any vessel (in respect of either of which vessel or cargo a permit, according to any law, ordinance, or regulation shall or should have been obtained to pass quarantine, or to come up to the water front of The City of New York) shall unload, or land, or cause to be unladen or landed, such cargo, or any part thereof, in said city, without having first received a permit from the Board of Health so to do. (Id., sec. 153.) § 154. No captain, officer, consignee, owner or other per- son in charge of any vessel (or having right and authority to prevent the same) shall remove or aid in removing from any vessel to the shore (save as legally authorized by the Health Officer of the Port of New Y'ork, and into quarantine grounds and buildings only) any person sick of, or person that has been exposed to, and is liable very soon to develop any infectious disease, or so remove or aid in removing any articles that may have been exposed to the contagion of any such disease, except in accordance wdth a permit from the Board of Health. (Id,, sec. 154.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 159 § 155. No master, charterer, consignee, or other person shall order, bring or allow (having power and authority to prevent the same) any vessel or person, or article there- from, from any infected port, or any vessel, or person or article therefrom, liable to quarantine, • according to the ninth section of the three hundred and fifty-eighth chapter of the Laws of 1863 (or under any other laws, and whether such quarantine has been made or suffered or not), to come or be brought to any point nearer than 300 yards from any dock or pier, or to any building in said city without or otherwise than according to a permit from the Board of Health. Nor shall any vessel, or person or thing therein or therefrom, having been in quarantine, come or be brought within the last-named distance of any last-named place, without the permit or assent of this board. (Id., sec. 155.) § 156. No person shall bring into this city from any infected place, or land or take therein from any vessel lately from an infected port, or from any vessel or building in which has lately been any person sick of an infections dis- ease, any article or person whatsoever, nor shall any such person land or come into said city without a permit from the Board of Health; and it shall be no excuse that such person or article so offending, or the occasion of offense, has passed through quarantine, or has a permit from any other source than this board. (Id., sec. 156.) § 157. No owner, part owner, charterer, agent or con- signee of any vessel, or any officer or person having charge or control of the same, shall allow to be cast therefrom, and no person shall cast therefrom, into any public waters of The City of New York, any. straw, bedding, clothing or other substance. (Id., sec. 137.) Marriages, Births and Deaths. § 158. It shall be the duty of the clergymen, magistrates and other persons who perform the marriage ceremony in The City of New York, to keep a registry of the marriages celebrated by them, which shall contain, as near as the same can be ascertained, the place and date of marriage, age, color, name and surname of the parties married, birth- place, residence, number of marriage and condition of each, whether single, widowed or divorced, the occupation of the groom, maiden name of the bride, if a widow, the names of the parties of each and the maiden name of the mother of each. And every person authorized by law to perform the ceremony of marriage shall register his or her name and address in the office of the Bureau of Records. (Id., sec. 158.) § 159. It shall be the duty of the parents of any child bom in said city (and if there be no parent alive that has made such report, then of the next of kin of said child born), and of every person present at such birth, within ten days after such birth, to report to the Department of Health, 160 CODE OF ORDINANCES OJ) THE CITY OF NEW YORK. in writing', as far as known, the date, borough and street number of said birth, and the name, sex and color of such child born, and the names, residence, birthplace and age of the ])a.rents, the occupation of the father and the niaiden name of the mother. It shall also be the duty of physicians and professional midwives to keep a registry of the several births in which they have assisted professionally, which shall contain, as near as the same can be ascertained, the time and place of such birth, name, sex and color of the child, the name, residence, birthplace and age of the parents, the occupation of the father and the maiden name of the mother, and to report the same A\ithin ten days to the Department of Health. (Id., sec. 159.) § 160. It shall be the duty of the next of kin of any person deceased, and of each person being with such de- ceased person at his or her death, to report, in writing, to the Department of Health, wdthin five days after such death, the age, color, nativity, last occupation and cause of death of such deceased person and the place of such person's death and last residence. Physicians who have attended deceased persons in their last illness shall make and pre- serve a registry of such death, stating the cause thereof and specifying the date, hour, place and street number of such death, and shall, in the report of the death of such persons, specify, as near as the same can be ascertained, the date of death, sex, name and surname, age, occupation, term of residence in said city, place of nativity, condition of life, whether single, married, widowed or divorced, color, last place of residence, the names and birthplaces of the parents, the maiden name of the mother and the cause of death of such diseased persons, and the Coroners of the city, in such cases as an inquest may have been held, shall, in their certificates, conform to the requirements of this section. Every physician in said city shall register his or her name and address in the office of the Bureau of Records of said department. (Id., sec. 160.) Mandamus will lie to compel a hospital to correct a certificate of death which they have filed with the Health Department. People ex rel. Haase vs. German Hosp., 8 Abb. N. C. 332. § 161. It shall be the duty of every person required to make or keep a registry of births, marriages or deaths, to present to the Bureau of Records a copy of such registry signed by such person, within ten days after the birth or marriage, and wdthin thirty-six hours after the death of any person to whom such registry may or should relate, which shall thereupon be placed on file in the said bureau, (Id., sec. 161.) This does not mean leaving the notice personally with the Board of Health; mailing is sufficient. Dept. Health City of N. Y. vs. Owen, 94 App. Div. 425. 8 162. No person shall make, prepare, deliver or issue any false certificate, statement or report of a birth, marriage or death, or anj^ such certificate, statemept or report, whicl^ CODE OP ORDINANCES OF THE CITY OF NEW YOEK. IGl is not in accordance •with the facts of the birth, marriag-e or death; all certificates, statements and reports of births, marriages or deaths, shall be signed by the person purport- ing to make the same, and no person shall sign or forge the nam© of another to any such certificate, statement or report. (Id., see. 162.) Transportation of Dead Bodies. § 163. That no captain, agent or person having* charge of or attached to any ferryboat, sailing or other vessel, nor any person in charge of any car, stage or other vehicle or public or private conveyance, shall convey or allow to be conveyed thereon or by any means aforesaid, nor shall any person convey or allow to be carried or conveyed, in any manner, from, through, into or within The City of New York, the dead body of any human being, or any part thereof, without a permit therefor from tlue Board of Health. And the proper coupon for that purpose attached to any such permit, when issued, shall be preserved and returned to this depart- ment, as its regulations may require, by the proper officer or person on eiach boat or vessel, and by the proper person in charge of any train of cars or vehicle on which any such body may be carried from said city. Provided, however, that the same effect shall be given, under this section, to transit permits issued severally by Boards of Health of cities, towns or villages in the State of New York, or by Boards of Health that may be hereafter organized, pursuant to Laws of the State of New York, or when issued by the Health Officer of any such city, town or village, as to a transit permit issued from this board, when the death of the person named in the permit shall have occurred in the city, town or village from which such permit shall have been issued. And provided that the same effect shall be given, under this section, to a transit permit issued under the laws of th£) State of New Jersey, as to a transit permit issued from this board; subject, nevertheless, in every case to all the care, precautions and diligence prescribed by the rules and regulations of this department. And provided, that the same effect be given, under this section, to a transit permit issued under the laws of the State of Connecticut, as to a transit permit from this board; subject, nevertheless, in every case, to all the care, precautions and diligence pre- scribed by the rules and regulations of this department. (Id., sec. 163.) § 164. No person shall retain, expose or allow to be retained or exposed, the dead body of any human being to the peril or prejudice of the life or health of any person. (Id., sec. 164.) § 165. No person shall allow to be retained unburied the dead body of any human being for a longer time than four days, or where death has resulted from smallpox, diphtheria 11 162 CODE OF OEDINANCES OF THE CITY OF NEW YORK. (croup), scarlet fever, yellow fever, typhus fever, plague, Asiatic cholera or measles, for a longer time than tvi^enty- four hours, after death of such person, without a permit from the Sanitary Superintendent or an Assistant Sanitary Superintendent, which permit shall specify the length of time during which such body may be retained unburied. This ordinance shall not apply to bodies retained in any public morgue in The City of New York. (Id., sec. 165.) § 166. It shall be the duty of every person who has dis- covered or seen the body of a dead human being, or any part thereof (if there is reason for such person to think that the fact of the death, or the place of such body, or part thereof, is not publicly known), to immediately com- mimicate to the Bureau of Records the fact of such discovery of such body, the place where, and time when, the same was discovered or seen, and where the same is or may be found, and any facts known by which said body may be identified, or the cause of death ascertained. (Id., sec. 166.) Cemeteries. § 167. No interment of the dead body of any human being, or disposition thereof in any tomb, vault, crematory or cemetery shall be made within The City of New York without a permit therefor granted by the Board of Health, nor otherwise than in accordance therevdth, and said dead body shall be placed in a metallic or tin-lined box, or a box so constructed as to prevent the issuance of any Jiquids therefrom; and no sexton or other person shall assist in, or assent to, or allow any such interment, or aid or assist about preparing any grave or place of deposit for any such body, or assist in the cremation of the same, for which such permit has not been given authorizing the same. And it shall be the duty of every person who shall receive any such permit, to preserve and to return the same to this department, as its regulations may require. (Id,, sec. 167.) § 168. No new crematory, burying ground, tomb or vault for dead human bodies shall be established, nor shall the remains of any dead body be placed in any existing burying ground, vault, tomb or cemetery in The City of New York, nor any of said receptacles be opened, exposed or disturbed, except according to the terms of a permit therefor given by the Board of Health, and every body buried in any such place shall be buried to the depth of six feet below the surface of the ground, and four feet below any closely adjacent street, except that in the Borough of Queens a body may be buried to the depth of three feet below the surface of the ground. No food, beverage or other article for human consump- tion shall be sold, exposed or offered for sale in any ceme- tery or burying ground within The City of New York, (Id., sec. 168.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 103 § 169. Every person who acts .as a sexton or undertaker in The City of New York, or has the charge or care of any crematory, vault, tomb, burying- ground, or cemetery for the reception of the dead, or where the bodies of any human beings are deposited, shall cause his or her name and resi- dence, and the nature of his or her charge and duties to be registered with this department. (Id., sec. 169.) § 170. Every sexton and other person having charge of any crematory, burying ground, cemetery, tomb or vault in The City of New York, shall, before twelve o'clock on Monday of each week, make return to this department of the bodies and persons buried or cremated since their last return, and in such form, and specifying such particulars, as the special regulations of this department shall require. (Id., sec. 170.) Coroners, § 171. At least two hours before the holding of any inquest within The City of New York upon a dead body, the Coroner who has been notified of any death, or who may propose or intend to hold such inquest, shall transmit and cause to be delivered to the Bureau of Records written notice containing the following facts so far as known or reported to any such Coroner: 1. The fact of any such call for the holding of an inquest, and by whom made, and when and from whom received by the Coroner. 2. The place (giving the street and street number, and if there be none, then other particulars) where the body is. 3. What is reported to be the cause of the death. 4. When and where the death took place, and where the body has since been. 5. When and where he proposes to hold the inquest, giving the street, the street number (or otherwise suffi- ciently designating such place), and the hour. 6. What physician, or physicians, or other professional person last attended such deceased person, or attended such person within forty-eight hours of such decease. At any time after the commencement of any inquest the Coroner holding or who should hold, or who held such inquest, shall within twelve hours after the receipt of a written request so to do from the Sanitary Superintendent, answer in writing such of the following or such other ques- tions as may be propounded to him by the said Sanitary Superintendent to the best of his knowledge, information and belief. Report of Coroner (here insert Coroner's name) upon the body of (here fill in name and description of deceased), on the (here fill in year, month and day), at (here mention street and number). 1. What was the age, sex and last occupation, residence and nativity of such deceased person? 164 CODE OF ORDINAJNCES OF THE CITY OF NEW YOKK. 2. At what house or place, and in or near what street or avenue, at what number herein did such deceased per- son die? 3. If such deceased person died of any poison, when and where was the same administered, and what was the kind of poison? 4. If such deceased person died of violence, when and where was the same committed, and upon what part of the body and organs, and of what did it consist? 5. If such deceased person died of any other cause, state such cause, and when and where the cause took effect upon or was received by the deceased? 6. Who was last in care of or with such deceased person, and at what place and at what time before death, and when, giving the full name and residence of each such person? 7. What were the name and residence of the physician and persons who last attended, and of each physician and person who within forty-eight hours of such death attended upon such deceased person, and where did he so attend; and whether said physician was notified of or attended and was examined at such inquest? 8. The times, places and dates of holding the inquest, and the names and residences by street number of the jurors and witnesses that attended, and dates of their attendance, and when and where the body of the deceased was present at such inquest? 9. Was any post-mortem examination made, and if so, when, where and by whom, and who was present thereat? It shall be the duty of all Coroners in said city to make return to the Bureau of Records of all inquisitions by them taken, except when by law such inquests are required to be filed elsewhere, and such return shall include the evidence taken on such inquest, and the verdict of the jury, and the full names and residences of the several jurymen. And in all cases where the inquest may be required by law to be filed elsewhere such Coroner shall make return to said bureau of a copy of such inquest, including a copy of such evidence and verdict; and all such returns shall be made within forty-eight hours after the holding of any and every inquest. (Id., sec. 171.) Railroad Cars. § 172. No railroad car constructed for or used in carry- ing passengers for hire on any line of railroad, either sur- face or elevated, in The City of New York, except cars run in trains and entering The City of New York from without the limits of said city, shall be used with cloth or cloth cushions on the seats or on the back of seats, or with textile fabrics on the floor thereof. (Id., sec. 172.) § 173. Each and every car used upon any railroad in The City of New York for the carrying of passengers shall, on each and every day on which it may be used, be carefully CODE OF ORDINANCES OF THE CITY OF NEW YORK. 165 and thoroughly cleaned so that all refuse, dirt and filth may be removed from the inside of said car. (Id., sec. 173.) § 174. No person shall at any time carry or convey in or upon any passeng-er railroad car, nor shall any conductor or person in charge of any such railroad car permit or allow to be carried or conveyed in or upon such car, except on the front platform thereof, any soiled or dirty articles of cloth- ing or bedding. (Id., sec. 174.) § 175. Every car used for the carrying of passengers in The City of New York shall be constructed so as to pro- vide and secure at all times good, adequate and sufficient ventilation. (Id., sec. 175.) § 176. Every company, corporation or person operating a line of railroad cars for the carriage of passengers for hire in The City of New York shall, in connection with the run- ning and operation of cars as aforesaid, have and provide closed cars to be run on said railroad; and at all times shall have, provide and operate at least one closed car in every fours cars so operated and run for the carriage of pas- sengers as aforesaid. (Id., sec. 176.) § 177. No conductor, driver^ gripman or motorman of any railroad car or other vehicle running on tracks in The City of New York shall permit, allow or cause the same to be run, pulled, drawn or propelled on or around any curve on the surface of anj"- public street or avenue of said city unless the means and appliances by which said car is oper- ated and controlled are of such character and efficiency that the movement of said car is entirely and at all times under absolute control, so that the car can be stopped at will at any point of said curve, and be held motionless upon it or be moved upon it or around it at any desired rate of speed less than the maximum speed of operation; and no person, corporation, superintendent or other person who is interested in or who owns or has the management and con- trol of any such car or vehicle, shall permit it to be so run, pulled, drawn or propelled, or placed in service, unless proporly provided with means and appliances as aforesaid. No conductor, driver, gripman or motorman of any railroad car or other vehicle running on tracks in The City of New York, shall permit, allow or cause the same to be run, pulled, drawn or propelled on or around any curve on the surface of any public street or avenue at a rate of speed which is dangerous or detrimental to life; and no person, corporation, superintendent or other person who is inter- ested in or who owns or has the management and control of any such car or vehicle shall permit it to be so run, pulled, drawn or propelled. (Id., sec. 177.) Spitting. § 178. Spitting upon the sidewalk of any public street, avenue, park, public square or place, in The City of New York, or upon the floor of any hall in any tenement house 1G6 CODE OF ORDINA^^CES OF THE CITY OF NEW YORK. which is used in common by the tenants thereof, or upon the floor of any hall or office in any hotel or lodging house which is used in common by the guests thereof, or upon the floor of any theatre, store, factory or of any building which is used in common by the public, or upon the floor of any ferryboat, railroad car or other public conveyance, or upon the floor of any ferry house, depot or station, or upon the station platform or stairs of any elevated railroad or other common carrier, is hereby forbidden. The corporation or persons owning or having the manage- ment or control of any such building, store, factory, ferry- boat, railroad car or other public conveyance, ferry house, depot or station, station platform or stairs of any elevated railroad or other common carrier, are hereby required to keep permanently posted in each of said places a sufficient number of notices forbidding spitting upon the floors and calling attention to the provisions of this section. The corporations or persons owning or having the man- agement or control of such buildings, stores, factories, ferry- boats, ferry houses, depots, stations, station platforms or stairs of any elevated railroad or other common carrier are hereby required to provide sufficient and proper receptacles for expectoration, and also to provide for the cleansing and disinfection of said receptacles at least once every tweuty- four hours; and spitting into the street from the cars, stairs, or platforms of the elevated railroads is hereby forbidden. It is hereby made the duty of every corporation or person engaged in the manufacture of cigars, cigarettes or tobacco, or conducting the business of printing in The City of New York, where ten or more persons are employed, on the premises, to provide proper receptacles for expectoration. Such receptacles are to be in proportion of one for every two persons so employed, and they are to be cleansed and disinfected at least once every twenty-four hours. A copy of the preceding paragraph must be loept posted in a conspicuous place in every factory or printing office mentioned therein. (Id., sec. 178. Amend, by res. passed April 11, 1906, infra.) Barl)er Shops. § 179. Every barber shop in The City of New York shall be conducted in accordance with regulations adopted from time to time by the Board of Health. A copy of such regni- lations must be posted in a conspicuous place in every such barber shop. (Id., sec. 179.) Noise. § 180. No person owning, occupying, or having charge of any building or premises, shall keep or allow thereon or therein any animal or bird, which shall by noise disturb the quiet or repose of any person therein or in the vicinity, to CODE OF ORDINANCES OF THE CITY OF NEW YORK. 167 the detriment of the life or health of any human being. (Id., sec. 180.) Notes. Pleading, Evidence.— The Sanitary Code, like all ordinances, must be pleaded and proved as a matter of fact to be used in evi- dence. The court will not take judicial notice of ordinances. Bos- ton vs. Abraham, 91 App. Div. 417; City of New York vs. Knicker- bocker Trust Co., 104 App. Div. 223; Met. Milk Co. vs. City of N. Y., 98 N. Y. Supp. 894; Dept. of Health vs. City R. E. Invest. Co., 86 N. Y. Supp. 18. Abating Nuisance.— Sec. 1179, L. 1901, ch. 466, gives Board of Health power to abate any building which it deems a nuisance, and sec. 1300 prescribes the procedure. The right to destroy a building summarily is, if granted by statute, valid. Egan vs. Health Dept., 9 App. Div. 431; Van Wormer vs. Mayor Albany, 15 Wend. 262; Cartwright vs. City of Cohoes, 39 App. Div. 69; Smith vs. Irish, 37 App. Div. 220; but the necessity for such an abatement is a question of fact which will be reviewed by the courts. Health Dept. vs. Dassori, 159 N. Y. 245; People ex rel. Copcutt vs. Board of Health Yonk"rs, 140 N. Y. 1. As to powers of board, see People ex rel. Savage vs. Board of Health. 33 Barb. 344. An order abating a nuisance must be specific. Rogers vs. Baker, 31 Barb. 447. Such an order is in its nature judicial and prima facie, is deemed just and legal, but are not conclusive. Golden vs. Health Dept. of N. Y., 21 App. Div. 420; Village of Flushing vs. Carraher, 87 Hun, 63. And while a board may abate a nuisance, it cannot erect anything new which is not necessary to abate. Haag vs. City Mt. Vernon, 41 App. Div. 366. Constitutional.— See notes under sec. 1, supra. A law to preserve the public health may be constitutional even though it requires expense of a citizen coming within its provisions without previous notice and a hearing. Eckhardt vs. City Buffalo, 19 App. Div. 1. Liabilities of Health Othcers.— As to liabilities of health officers in destroying property for rights and remedies, see Sbarboro vs. Health Dept. N. Y., 26 App. Div. 177; Golden vs. Health Dept. N. Y. 21 App. Div. 420; Underwood vs. Green, 42 N. Y. 140; Egan vs. Health Dept. N. Y., 9 App. Div. 431. Penalties.— The usual remedy for a violation of a provision in the Sanitary Code is a suit to recover a penalty of fifty dollars under Laws 1897, chapter 378, sec. 1172. The revised charter, L, 1901, ch. 466, sec. 1172, continued this provision in force. By the same sections any violation of the Sanitary Code may be treated and punished as a misdemeanor. The penalty for violating an order of Department of Health is $250, and the wilful refusal is a mis- demeanbr. L. 1901, ch. 466, sec. 1262. All suits must be brought in name of the " Dept. of Health of The City of New York." L. 1901, ch. 466, sec. 1192. Chapter 15. — The Building Code. The following sections re-enact practically without change the Building Code in force at the time of the passage of this Code of Ordinances. It embodies the Building Code approved by the Mayor on Oct. 24, 1899, as amended by a few subsequent ordinances. The power to enact a Building Code is vested in the municipal authori- ties by section 647 of the Greater New York Charter. (L. 1897, ch. 378.) The commission of experts which was authorized to pre- pare the Code took as the basis for the work the Laws of 1882, chapter 410, which codified the law under the former City of New York; the Laws of 1888, chapter 583, which codified the building laws of t-he former City of Brooklyn, and the Laws of 1894, chapter 481. The Revised Charter, L. 1901, ch. 466, sec. 43, explicitly confers ample general powers on the Board of Aldermen to " make, estab- lish, alter, modify, amend and repeal all ordinances, rules and • • * building regulations," etc., and section 407 expressly con- tinues in force the Building Code in force on January l, 1902, 168 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Many of the old laws are now superseded by the Tenement House Act. The Building Code in force May 1, 1904, made a chapter of the City Ordinances by L. 1904, ch. 628, sec. 2. It can be amended by the Board of Aldermen under sec. 407, L. 1901, ch. 466. Such ordinances so passed have same effect as an act of the Legisla- ture. City of N. Y. vs. Trustees Sailors' Snug Harbor, 85 App. Div. 355. Part 1. — Short Title of this Ordinance. A REMEDIAL ORDINANCE. § 1. This ordmance to be known and cited as the Building Code, and presumptively contains the Building Lavs^, except so far as such provisions are contained in the Charter. The following provisions shall constitute and be known as the Building Code and may be cited as such, and presumptively provides for all matters concerning, affecting or relating to the construction, alteration or removal of buildings or structures erected or to be erected in The City of New York, as constituted by the Greater New York Charter, except so far as such provisions are contained in said Charter. (Ord. app. Oct. 24, 1899, sec. 1.) § 2. Building Code to be Construed Liberally. — This ordinance is hereby declared to be remedial, and is to be construed liberally to secure the beneficial interests and purposes thereof. (Id., sec. 2. See L. 1892, ch. 275, sec. 45.) Part 2. — Preliminary Requirements. § 3. New Buildings and Buildings to be Altered. — No wall, structure, building or part thereof shall hereafter be built or constructed, nor shall the plumbing or drainage of any building, structure or premises be constructed or altered in The City of New York, except in conformity with the pro- visions of this Code. No building already erected, or here- after to be built, in said city, shall be raised, altered, moved or built upon in any manner that would be in violation of any of the provisions of this Code, or the approval issued thereunder. (Id., sec. 3, rev. from L. 1882, ch. 410, sec. 471, as amend.) § 4. Filing Plans and Statements. — Before the erection, construction or alteration of any building or part of any building, structure or part of any structure or wall, or any platform, staging or flooring to be used for standing or seating purposes, and before the construction or alteration of the plumbing or drainage of any building, structure or premises is commenced, the owner or lessee, or agent of either, or the architect or builder employed by such owner or lessee in connection with the proposed Erection or altera- tion, shall submit to the Commissioner of Buildings for the borough in which the premises are situated, a detailed state- ment in triplicate of the specifications, on appropriate blanks to be furnished to applicants by the Department of Building's, and a full and complete copy of the plans of such CODE OF ORDINANCES OF THE CITY OF NEW YORK. 100 proposed work, and such structural detail drawings of said proposed work as the Commissioner of Buildings having jur- isdiction may require, all of which shall be accompanied with a statement in writing, sworn to before a Notary Public or Commissioner of Deeds, giving the full name and residence, street and number, of the owner, or of each of the owners of said building, or proposed building, structure or proposed structure, premises. Avail, platform, staging or flooring. If such erection, construction or alteration, plumbing or drain- age or the alteration thereof, is proposed to be made or executed by any other person than the owner or owners of the land in fee, the person or persons intending to make such erection or alteration, or to construct such plumbing or drainage, shall accompany said detailed statement of the specifications and copy of the plans with a statement in writing, sworn to as aforesaid, giving the full name and residence, street and number, of the owner or owners of the land, or proposed building, structure or proposed structure, premises, wall, platform, staging or flooring either as owner, lessee or in any representative capacity, and that he or they are duly authorized to perform said work. Such statement may be made by the agent or architect of the person or persons hereinbefore required to make the same. Any false swearing in a material point in any statement submitted in pursuance of the provisions of this section shall be deemed perjury, and shall be punishable as such. Said sworn state- ment and detailed statement of specifications and copy of the plans shall be kept on file in the oflice of the Commis- sioner of Buildings for the borough where the premises to which they relate are situated, and the erection, construc- tion or alteration of said building, structure, wall, platform, staging or flooring, or any part thereof, and the construc- tion or alteration of the said plumbing or drainage, shall not be commenced or proceeded with until said statements and plans shall have been so filed and approved by the said Commissioner of Buildings, and the erection, construction or alteration of such building, structure, platform, staging or flooring, and the construction or alteration of such plumbing or drainage when proceeded with shall be con- structed in accordance with such approved detailed state- ment of specifications and copy of plans. Nothing in this section shall be construed to prevent a Commissioner of Buildings from granting his approval for the erection of any part of a building, or any part of a structure, where plans and detailed statements have been presented for the same before the entire plans and detailed statements of said building or structure have been submitted. Any approval which may be issued by a Commissioner of Build- ings, pursuant to the provisions of this section, but under which no work is commenced within one year from the time of issuance, shall expire by limitation. Ordinary repairs of buildings or structures, or of the plumbing and drainage 170 CODE OF ORDINANCES OF THE CITY OF NEW YORK. thereof, may be made without notice to the Department of Building's, but such repairs shall not be construed to include the cutting- away of any stone or brick wall, or any portion thereof, the removal or cutting of any beams or supports, or the removal, change or closing of any staircase, or the alteration of any house sewer or private sewer or drainage system, or the construction of any soil or waste pipe. The f oreg-oing provisions and all the provisions of this Code shall apply with equal force to buildings, both municipal and private. It shall be the duty of the Commissioner of Build- ing's having- jurisdiction, to approve or reject any plan filed with him pursuant to the provisions of this section within a reasonable time. (Id., sec. 4, rev. from Lu 1882, ch. 410, § 503, as amend.) This section must be complied with, even where a building is being erected for the State. City of N. Y. vs. Burleson Hardware Co., 89 App. Div. 222. § 5. Demolishing Building-s. — When plans and detailed statements are filed in the Department of Building-s for the erection of a new building, if an existing- building or part of an existing building is to be demolished, such fact shall be stated In the statement so filed. In demolishing any building, story after story shall be completely removed. No material shall be placed upon the floor of any such building in the course of demolition, but the brick, timbers and other structural parts of each story shall be lowered to the ground immediately upon displace- ment. The owner, architect, builder or contractor for any building, structure, premises, wall, platform, staging or flooring to be demolished shall g^ve not less than twenty- four hours' notice to the Department of Buildings of such intended demolition. (Id., sec. 5.) Part 3.— Definitions. § 6. Measurement Of Height for Buildings and Walls. — The height of buildings shall be measured from the curb level at the centre of the front of the building to the top- of the highest point of the roof beams In the case of flat roofs, and for high-pitched roofs the average of the height of the gable shall be taken as the highest point of the building. In case a wall is carried on iron or steel girders or iron or steel girders and columns, or piers of masonry, the measure- ments, as to height for the wall, may be taken from the top of such girder. When the walls of a structure do not adjoin the street, then the average level for the ground adjoining the walls may be taken instead of the street curb level for the height of such structure. (Id., sec. 6, rev. from L. 1882, ch. 41 \ § 482, as amend.) § 7. Measurement for Width of Buildings. — For the pn"- poses of this Code, the greatest linear dimension cf ;.../ CODE OF ORDINANCES OF THE CITY OF NEW YORK. 171 building- shall be considered its length and the next greatest linear dimension its width. (Id., sec. 7, rev. from L. 1882, ch. 410, § 482.) § 8. Private Dwellings, Definition of. — A private dwelling shall be taken to mean and include every building which shall be intended or designed for, or used as, the home or residence of not more than two separate and distinct families or households, and in which not more than fifteen rooms shall be used for the accommodation of boarders, and no part of which structure is used as a store or for any business purpose. Tvn'o or more such dwellings may be connected on each story when used for boarding purposes, provided the halls and stairs of each house shall be left unaltered. Any such building hereafter erected shall not cover more than ninety per cent of the lot area. (Id, sec. 8.) § 9. Apartment Houses, Definition of. — An apartment house shall be taken to mean and include every building which shall be intended or designed for, or used as, the home or residence of three or more families or households, living independently of each other, and in which every such family or household shall have provided for it a kitchen, set bathtub and water closet, separate and apart from any other. Any such building hiireafter erected shall not cover any greater percentage of a lot than is lawful to be covered by a tenement house, and the requirements for light and ventilation for a tenement house shall also apply to an apartment house. (Id., sec. 9.) See Dept. Bldg. vs. Fuld, 12 App. Div. 258. § 10. Hotel, Definition of. — A hotel shall be taken to mean and include every building, or part thereof, intended, designed or used for supplying food and shelter to residents or guests, and having a general public dining-room or a cafe, or both, and containing also more than fifteen sleeping rooms above the first story. Whenever any such building hereafter erected shall be located on any other than a corner lot or plot, it shall not cover in the aggregate more than ninety per cent, of the area of such lot or plot at and above the second story level, if not more than five stories in height, and two and one-half per cent, less for every additional story in height; and on a corner lot, when cover- ing an area of not more than 3,000 square feet, it shall not occupy more than ninet^y-five per cent, of the area of such lot at and above the second story level. In case any such building is to occupy a number of lots, the Commissioner of Buildings having jurisdiction may allow the free air space, proportioned as herein stated, to be distributed in such manner as, in his opinion, will equally as well secure light and ventilation. (Id., sec. 10.) § 11. Office Buildings, Definition of. — An office building shall be taken to mean and include every building which shall be divided into rooms above the first story, and be 172 CODE OF ORDINANCES OF THE CITY OF NEW YORK. intended and used for business purposes, and no part of which, shall be used for living purposes, excepting only for the janitor and his family. Office buildings when not erected on a corner shall not cover more than ninety per cent, of the lot area at and above the second story floor level. (Id., sec. 11.) § 12. Frame Buildings, Definition of. — A frame building shall be taken to mean a building or structure of which the exterior walls or a portion thereof shall be constructed of wood. Buildings sheathed with boards, and partially or en- tirely covered v^dth four inches of brickwork, shall be deemed to be frame buildings. Wood frames covered with metal shall be deemed to be wood structures. (Id., sec. 12.) " Piazza " held to be a building as to law regulating building materials. Fire Dept. vs. Buffum, 2 E. D. Smith, 511. Part 4. — Quality of Materials. § 13. Brick. — The brick used in all buildings shall be good, hard, well burnt brick. When old brick are used in any wall they shall be thor- oughly cleaned before being used, and shall be whole and good, hard, well burnt brick. (Id., sec. 13, rev. from L. 1882, ch. 410, § 479, as amend.) § 14. Sand. — The sand used for mortar in all buildings jshall be clean, sharp grit sand, free from loam or dirt, and shall not be finer than the standard samples kept in the office of the Departmient of Buildings. (Id., sec. 14, rev. from L. 1882, ch. 410, § 479, as amend.) § 15. Lime Mortar. — Lime mortar shall be made of one part of lime and not more than four parts of sand. All lime used for mortar shall be thoroughly burnt, of good quality, and properly slaked before it is mixed with the sand. (Id., sec. 15, rev. from L. 1882, ch. 410, § 479, as amend.) § 16. Cement Mortar. — Cement mortar shall be made of cement and sand in the proportion of one part of cement and not more than three parts of sand, and shall be used immediately after being mixed. The cement and sand are to be measured and thoroughly mixed before adding water. Cement must be very finely ground and free from lumps. Cements classed as Portland cement shall be considered to mean such cement as will, w^hen tested neat, after one day set in air, be capable of sustaining without rupture a tensible strain of at least 120 pounds per square inch, and after one day in air and six days in water be capable of sustaining without rupture a tensible strain of at least 300 pounds per square inch. Cements other than Portland cement shall be considered to mean such cement as will, when tested neat, after one day set in air, be capable of sustaining without rupture a tensible strain of at least sixty pounds per square inch, and after one day in air and six days in water be capable of sustaining without rupture a tensible strain of at least 120 pounds per square inch. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 173 Said tests are to be made under the supervision of the Commissioner of Buildings haviDg jurisdiction, at such times as he may determine, and a record of all cements answering the above requirements shall be kept for public information. (Id., sec. 16, rev. from L. 1882, ch. 410, § 479, as amend.) § 17. Cement and Lime Mortar. — Cement and lime mortar mixed shall be made of one part of lime, one part of cement and not more than three parts of sand to each. (Id., sec. 17, rev. from L. 1882, ch. 410, § 479, as amend.) § 18. Concrete. — Concrete fx)r foundations shall be made of at least one part of cement, two parts of sand and five parts of clean broken stone, of such size so as to pass in any way through a two-inch ring, or good, clean gravel may be used in the same proportion as broken stone. The cement, sand and stone or gravel shall be measured and mixed as is prescribed for mortar. All concrete when in place shall be properly rammed and allowed to set, without being disturbed. (Id., sec. 18, rev. from L. 1882, ch. 410, § 479, as amend.) § 19. Quality of Timber. — All timbers and wood beams used in any building shall be of grood sound material, free from rot, large and loose knots, shakes or any imperfection whereby the strength may be impaired, and be of such size and dimensions as the purposes for which the building is intended require. (Id., sec. 19, rev. from L. 1882, ch. 410, § 488, as amend.) § 20. Tests of New Materials. — New structural material of whatever nature shall be subjected to such tests to deter- mine its character and quality, as the Commissioner of Buildings for the borough in which the material is to be used shall direct; the tests shall be made under the super- Vision of said Commissioner, or he may direct the architect or owner to file wdth him a certified copy of the results of tests, such as he may direct shall be made. (Id., sec. 20.) § 21. Structural Material; Wrought Iron. — All wrought iron shall be uniform in character, fibrous, tough and ductile. It shall have an ultimate tensible resistance of not less than 48,000 pounds per square inch, an elastic limit of not less than 24,000 pounds per square inch, and an elongation of twenty per cent, in eight inches when tested in small specimens. Steel. — All structural steel shall have an ultimate tensible strength of from 54,000 pounds to 64,000 pounds per square inch. Its elastic limit shall be not less than 32,000 pounds per square inch and a minimum elongation of not less than twenty per cent, in eight inches. Eivet steel shall have an ultimate strength of from 50,000 to 58,000 pounds per square inch. Oast Steel. — Shall be made of open hearth steel, contain- ing one-quarter to one-half per cent, of carbon, not over eight one-himdredths of one per cent, of phosphorus, and shall be practically free from blow-holes. 174 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Cast Iron. — Shall be of good foundry mixture, produci;ng a clean, tough, gray iron. Sample bars, five feet long, one inch square, cast in sand moles, placed on supports four feet six inches apart, shall bear a central load of 450 pounds before breaking. Castings shall be free of serious blow- holes, cinder spots and cold shuts. Ultimate tensile strength shall be not less than 16,000 pounds per square inch when tested in small specimens. (Id., sec. 21.) Part 5. — Excavations and Foundations, § 22. Excavations. — All excavations for buildings shall be properly guarded and protected so as to prevent the same from becoming dangerous to life or limb and shall be sheath-piled where necessary to prevent the adjoining earth from caving in, by the person or persons causing the exca- vations to be made. Plans filed in the Department of Build- ings shall be accompanied by a statement of the character of the soil at the level of the footings. Whenever an excavation of either earth or rock for build- ing or other purposes shall be intended to be, or shall be carried to the depth of more than ten feet below the curb, the person or persons causing such excavation to be made shall at all times, from the commencement until the com- pletion thereof, if afforded the necessary license to enter upon the adjoining land, and not otherwise, at his or their own expense, preserve any adjoining or contiguous wall or walls, structure or structures from injury, and support the same by proper foundations, so that the said wall or walls, structure or structures shall be and remain practically as safe as before such excavation was commeuced, whether the said adjoining or contiguous wall or walls, structure or structures are down more or less than ten feet below the curb. If the necessary license is not accorded to the person or persons making such excavation, then it shall be the duty of the ov^ner refusing to grant such license to make the adjoining or contiguous wall or walls, structure or struc- tures safe, and support the same by proper foundations so that adjoining excavations may be made and shall be per- mitted to enter upon the premises whjBre such excavation is being made for that purpose, when necessary. If such ■excavation shall not be intended to be, or shall not be, carried to a depth of more than ten feet below the curb, the ovsmer or owners of such adjoining or contiguous wall or walls, structure or structures shall preserve the same from injury, and so support the same by proper foundations that it or they shall be and remain practically as safe as before such excavation was commenced, and shall be per- mitted to enter upon the premises where such excavation is being made for that purpose, when necessary. In case an adjoining party wall is intended to be used by the person or persons causing the excavation to be made, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 175 and such party wall is in good condition and sufficient for the uses of the adjoining' building, then and in such case the person or persons causing the excavations to be made shall, at his or th£ir own expense, preserve such party wall from injury and support the same by proper foundations, so that said party wall shall be and remain practically as safe as before the excavation was commenced. If the person or persons whose duty it shall be to pre- serve or protect any wall or walls, structure or structures from injury shall neglect or fail so to do after having had a notice of twenty-four hours from the Department of Buildings, then the Commissioner of Buildings may enter upon the premises and employ such labor, and furnish such materials, and take such steps as, in his judgment, may be necessary to make the same safe and secure, or to prevent the same from becoming unsafe or dangerous, at the expense of the person or persons whose duty it is to keep the same safe and secure. Any party doing the said work, or any part thereof, under and by direction of the said Department of Buildings, may bring and maintain an action against the person or persons last herein referred to, to recover the value of the work done and materials furnished, in and about the said premises, in the same manner as if he had been employed to do the said work by the said person or persons. When an excavation is made on any lot, the person or persons causing such excavation to be made shall build, at his or their own cost and expense, a retaining wall to support the adjoining earth; and such retaining wall shall be carried to the height of the adjoining earth, and be properly protected by coping. The thickness of a retaining wall at its base shall be in no case less than one-fourth of its height. (Id., sec. 22, rev. from L. 1882, ch. 410, § 473, as amend.) Where a party !s excavating next to a building it is incumbent upon him to request permission to enter upon the adjoining prop- erty to support the adjoining wall, and the adjoining owner will not lose the benefit of the statute because he did not tender such license. Dorrity vs. Rapp., 72 N, Y. 307. And the builder must protect the adjoining building not only during such excavating, but have the adjoining wall as stable after as before excavating. Bernheimer vs. Kilpatrick, 53 Hun, 316; 6 N. Y. Supp. 858. But to impose such obligation on the builder the adjoining owner must grant a proper license. Sherwood vs. Seaman, 2 Bosw. 127. And where such license has been given the builder will have a reason- able time to finish the wall, although the license may be revoked by the adjoining owner. Ketchum vs. Newmann, 116 N. Y. 422. But the provision requiring an owner excavating below ten feet to protect his neighbor's wall does not apply to one excavating in a street under a contract with the municipal authorities. Jencks vs. Kenny, 19 N. Y. Supp. 243; 28 Abb. N. C. 154. See also Cohen vs. Simmons, 21 N. Y. Supp. 385, app. 142 N. Y. 671; McKenzie vs. Hatton, 141 N. Y. 8; Blanchard vs. Savarese, 97 App. Div. 58. § 23. Bearing Capacity of Soil. — Where no test of the sustaining power of the soil is made, different soils, exclud- ing mud, at the bottom of the footings, shall be deemed to 17G CODE OF 0BD1NA3«CES 01' THE CITY OF KEW YORK. safely sustain the following loads to the superficial foot, namely: Soft clay, one ton per square foot; ordinary clay and sand, together, in layers, wet and springy, two tons per square foot; loam, clay" or fine sand, firm and dry, three tons per square foot; very firm, coarse sand, stiff gravel or hard clay, four tons per square foot, or as otherwise deter- m.ined by the Commissioner of Buildings having jurisdiction. Where a test is made of the sustaining power of the soil the Commissioner of Buildings shall be notified, so that he may be present in person or by representative. The record of the test shall be filed in the Department of Buildings. When a doubt arises as to the safe sustaining power of the earth upon which a building is to be erected the Depart- ment of Buildings may order borings to be made, or direct the sustaining power of the soil to be tested by and at the expense of the owner of the proposed building. (Id., sec. 23.) § 24. Pressure Under Footings of Foundations. — The loads exerting pressure under the footings of foundations in buildings more than three (3) stories in height are to be computed as follows: For warehouses and factories they are to be the full dead load and the full live load established by section 130 of this Code. In stores and buildings for light manufacturing purposes they are to be the full dead load and seventy-five per cent of the live load established by section 130 of this Code. In churches, school houses and places of public amuse- ment or assembly, they are to be the full dead load and seventy-five per cent of the live load established by section 130 of this Code. In office buildings, hotels, dwellings, apartment houses, tenement houses, lodging houses and stables, they are to be the full dead load and sixty per cent of the live load established by section 130 of this Code. Footings will be so designed that the loads will be as nearly uniform as possible and not in excess of the safe bearing capacity of the soil, as established by section 23 of this Code. (Id., sec. 24.) § 25. Foundations. — Every building, except buildings erected upon solid rock or buildings erected upon wharves and piers on the water front, shall have foundations of brick, stone, iron, steel or concrete laid not less than four feet below the surface of the earth, on the solid ground or level surface of rock, or upon piles or ranging timbers when solid earth or rock is not found. Piles intended to sustain a wall, pier or post shall be spaced not more than thirty-six or less than twenty inches on centers, and they shall be driven to a solid bearing, if practicable to do so, and the number of such piles shall be sufficient to support the superstructure proposed. No pile shall be used of less dimensions than five inches at the small end and ten inches at the butt for short piles, or piles twenty feet or less in length, and twelve inches at the butt for Jong" piles, or piles CODE OV ORDINANCES OF THE CITY OF NEW YORK. 177 more than twenty feet in length. No pile shall be weig-hted with a load exceeding 40,000 pounds. When a pile is not driven to refusal, its safe sustaining power shall be deter- mined by the following formula: Twice the weight of the hammer in tons multiplied by the height of the fall in feet divided by least penetration of pile under the last blow in inches plus one. The Commissioner of Buildings shall be notified of the time when such test piles will be driven, that he may be present in person or by representative. The tops of all piles shall be cut off below the lowest water line. When required, concrete shall be rammed down in the interspaces between the heads of the piles to a depth and thickness of not 4ess than twelve inches and for one foot in width outside of the piles. When ranging and capping timbers are laid on piles for foundations, they shall be of hard wood not less than six inches thick and properly joined together, and their tops laid below the lowest water line. Where metal is incorporated in or forms part of a foundation, it shall be thoroughly protected from rust by paint, asphaltum, concrete, or by such materials and in such manner as may be approved by the Commissioner of Buildings. When footings of iron or steel for columns are placed below the water level, they shall be similarly coated, or inclosed in concrete, for preservation against rust. When foundations are carried down through earth by piers of stone, brick or concrete in caissons, the loads on same shall be not more than fifteen tons to the square foot when car- ried down to rock; ten tons to the square foot when carried down to firm gravel or hard clay; eight tons to the square foot in open caissons or sheet pile trenches when carried down to rock. Wood piles may be used for the foundations under frame buildings built over the water or on salt meadow land, in which case the piles may project above the water a sufficient height to raise the building above high tide, and the building may be placed directly thereon with- out other foundation. (Id., sec. 25, rev. from L. 1882, ch. 410, § 474, as amend.) § 26. Foundation Walls. — Foundation walls shall be con- strued to include all walls and piers built below the curb level, or nearest tier of beams to the curb, to serve as sup- ports for walls, piers, columns, girders, posts or beams. Foundation walls shall be built of stone, brick, Portland cement concrete, iron or steel. If built of rubble stone, or Portland cement concrete, they shall be at least eight inches thicker than the wall next above them to a depth of twelve feet below the curb level; and for every additional ten feet, or part thereof, deeper, they shall be increased four inches in thickness. If built of brick, they shall be at least four inches thicker than the wall next above them to a depth of twelve feet below the curb level; and for every additional ten feet, or part thereof, deeper, they shall be increased iour inches in thickness. ITS CODE OF ORDINANCES OF THE CITY OF NEW YORK. The footing or base course shall be of stone or concrete, or both, or of concrete and stepped-up brickwork, of sufti- cient thickness and area to safely bear the weight to be imposed thereon. If the footing or base course be of con- crete, the concrete shall not be less than twelve inches thick. If of stone, the stones shall not be less than two by three feet, and at least eight inches in thickness for w^alls; and not less than ten inches in thickness if under piers, columns or posts; the footing or base course, whether formed of concrete or stone, shall be at least twelve inches wider than the bottom width of walls, and at least twelve inches wider on all sides than the bottom width of said piers, columns or posts. If the superimposed load is such as to cause undue transverse strain on a footing projecting twelve inches, the thickness of such footing is to be increased so as to carry the load with safety. For small structures and for small piers sustaining light loads, the Commissioner of Buildings having jurisdiction may, in his discretion, allow a reduction in the thickness and projection for footing or base courses herein specified. All base stones shall be well bedded and laid crosswise, edge to edge. If stepped-up footing of brick are used in place of stone, above the concrete, the offsets, if laid in single courses, shall each not exceed one and one-half inches, or if laid in double courses, then each shall not exceed three inches, offsetting the first course of brickwork, back one-half the thickness of the concrete base, so as to properly distribute the load to be imposed thereon. If, in place of continuous foundation wall, isolated piers are to be built to support the superstructure, where the nature of the ground and the character of the building make it necessary, in the opinion of the Commissioner of Build- ings having jurisdiction, inverted arches resting on a proper bed of concrete, both designed to transmit with safety the superimposed loads, shall be turned between the piers. The thrust of the outer piers shall be taken up by suitable wrought iron or steel rods and plates. Grillage beams of wrought iron or steel resting on a proper concrete bed may be used. Such beams must be pro- vided with separators and bolts inclosed and filled solid between with concrete, and of such sizes and so arranged as to transmit with safety the superimposed loads. All stone walls twenty-four inches or less in thickness shall have at least one header extending through the wall in every three feet in height from the bottom of the wall, and in every three feet in length, and if over twenty-four inches in thickness, shall have one header for every six superficial feet on both sides of the wall, laid on top of each other to bond together, and running into the wall at least two feet. All headers shall be at least twelve inches in Avidth and eight inches in thickness, and consist of good fiat stones. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 179 No stone shall be laid in such walls in any other position than on its natural bed. No stone shall be used that does not bond or extend into the wall at least six inches. Stones shall be firmly bedded in cement mortar and all spaces and joints thoroughly filled. (Id., sec. 26, rev. from L. 1882, ch. 410, § 474, as amend.) Part 6. — Walls, Piers and Partitions. § 27. Materials of Walls.— The walls of all buildings, other than frame or wood buildings, shall be constructed of stone, brick, Portland cement concrete, iron, steel or other hard, incombustible material and the several com- ponent parts of such buildings shall be as herein provided. All buildings shall be inclosed on all sides with independent or party walls. (Id., sec. 27, rev. from L. 1882, ch. 410, § 42, as amend. Where many buildings have one roof they must have fire walls for separate buildings. Langdon vs. Fire Dept. 17 Wend. 234. § 28. Walls and Piers. — In all walls of the thickness specified in this Code, the same amount of materials may be used in piers or buttresses. Bearing walls shall be taken to mean those walls on which the beams, girders or trusses rest. If any horizontal section through any part of any bearing wall in any building shows more than thirty per centum area of ftues and openings, the said wall shall be increased four inches in thickness for every fifteen per centum, or fraction thereof, of flue or opening area in excess of thirty per centum. The walls and piers of all buildings shall be properly and solidly bonded together with close joints filled with mortar. They shall be built to a line and be carried up plumb and straight. The walls of each story shall be built up the full thickness to the top of the beams above. All brick laid in non-freezing weather shall be well wet before being laid. Walls or piers, or parts of walls and piers, shall not be built in freezing weather, and if frozen, shall not be built upon. All piers shall be built of stone or good, hard, well-burnt brick laid in cement mortar. Every pier built of brick, con- taining less than nine superficial feet at the base, support- ing any beam, girder, arch or column on which a wall rests, or lintel spanning an opening over ten feet and supporting a wall, shall at intervals of not over thirty inches apart in height have built into it a bond stone not less than four inches thick, or a cast-iron plate of sufficient strength, and the full size of the piers. For piers fronting on a street the bond stones may conform with the kind of stone used for the trimmings of the front. Cap stones of cut granite or blue stone, proportioned to the weight to be carried, but not less than five inches in thickness, by the full size of the pier, or cast-iron plates of equal strength by the full size of the pier, shall be set under all columns or girders, except 180 CODE OF ORDINANCES OF THE CITY OF NEW YORK. where a four-inch bond stone is placed immediately below said cap stone, in which case the cap stone may be reduced in horizontal dimensions at the discretion of the Commis- sioner of Buildings having jurisdiction. Isolated brick piers shall not exceed in height ten times their least dimensions. Stone posts for the support of posts or columns above shall not be used in the interior of any building. Where walls or piers are built of coursed stones, with dressed level beds and vertical joints, the Department of Buildings shall have the right to allow such walls or piers to be built of a less thickness than specified for brickwork, but in no case shall said walls or piers be less than three-quarters of the thick- ness provided for brickwork. In all brick walls every sixth course shall be a heading course, except where walls are faced with brick in running bond, in which latter case every sixth course shall be bonded into the backing by cutting the course of the face brick and putting in diagonal headers behind the same, or by splitting the face brick in half and backing the same with a con- tinuous row of headers. Where face brick is used of a dif- ferent thickness from the brick used for backing, the courses of the exterior and interior brickwork shall be brought to a level bed at intervals of not more than ten courses in height of the face brick, and the face brick shall be properly tied to the backing by a heading course of th« face brick. All bearing walls faced with brick laid in run- ning bonds shall be four inches thicker than the walls are required to be under any section of this Code. (Id., sec. 28, rev. from L. 1882, ch. 410, § 478, as amend.) § 29. Ashlar. — Stone used for the facing of any building, and known as ashlar, shall be not less than four inches thick. Stone ashlar shall be anchored to the backing and the backing shall be of such thickness as to make the walls, independent- of the ashlar, conform as to the thickness with the requirements of sections 31 and 32 of this Code, unless the ashlar be at least eight inches thick and bonded onto the backing, and then it may be counted as part of the thickness of the wall. Iron ashlar plates used in imitation of stone ashlar on the face of a wall shall be backed up with the same thickness of brickwork as stone ashlar. (Id., sec. 29, rev. from L. 1882, ch. 410, § 478, as amend.) § 30. Mortar for Walls and Ashlar. — All foundation walls, isolated piers, parapet walls and chimneys above roofs shall be laid in cement mortar, but this shall not prohibit the use, in cold weather, of a small proportion of lime to prevent the mortar from freezing. All other walls built of brick or stone shall be laid in lime, cement, or lime and cement mortar mixed. The backing up of all stone ashlar shall be laid up with cement mortar, or cement and lime mortar mixed, but the CODE OF ORDINANCES OF THE CITY OF NEW YORK. lol back of the ashlar may be parged with lime mortar to pre- vent discoloration of the stone. (Id., sec. 30.) § 31. Walls for Dwelling- Houses. — The expression " walls for dwelling houses " shall be taken to mean and include in this class walls for the following buildings: Dwellings, asylums, apartment houses, convents, club houses, dormitories, hospitals, hotels, lodging houses, tene- ments, parish buildings, schools, laboratories, studios. The walls above the basement of dwelling houses not over three stories and basement in height, nor more than forty feet in height, and not over twenty feet in width, and not over fifty-five feet in depth, shall have side and party walls not less than eight inches thick, and front and rear walls not less than twelve inches thick. All walls of dwell- ings exceeding twenty feet in width and not exceeding forty feet in height, shall be not less than twelve inches thick. All walls of dwellings twenty-six feet in width between bearing walls which are hereafter erected or which may be erected to be used for dwellings and being over forty feet in height and not over fifty feet in height, shall be not less than twelve inches thick above the foundation wall. No wall shall be built having a twelve-inch thick por- tion measuring vertically more than fifty feet. If over fifty feet in height and not over sixty feet in height the wall shall be not less than sixteen inches thick in the story next above the foundation walls and from thence not less than twelve inches to the top. If over sixty feet in height, and not over seventy-five feet in height, the walls shall be not less than sixteen inches thick above the foundation walls to the height of twenty-five feet, or to the nearest tier of beams to that height, and from thence not less than twelve inches thick to the top. If over seventy-five feet in height, and not over 100 feet in height, the walls shall be not less than twenty inches thick above the foundation walls to the height of forty feet, or to the nearest tier of beams to that height, thence not less than sixteen inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height, and thence not less than twelve inches thick to the top. If over 100 feet in height and not over 125 feet in height, the walls shall be not less than twenty-four inches thick above the foundation walls to the height of forty feet or to the nearest tier of beams to that height, thence -not less than twenty inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height, thence not less than sixteen inches thick to the height of 110 feet, or to the nearest tier of beams to that height, and thence not less than twelre inches thick to the top. If over 125 feet in height and not over 150 feet in height, the walls shall be not less than twenty-eight inches thick above the foundation walls to the height of thirty feet, or to the near- est tier of beams to that height; thence not less than twenty-four inches thick to the height of sixty-five feet, or 182 CODE OF ORDINANCES OF THE CITY OF NEW YOKK. to the nearest tier of beams to that height; thence not less than twenty inches thick to the height of 100 feet, or to the nearest tier of beams to that height; thence not less than sixteen inches thick to the height of 135 feet, or to the nearest tier of beams to that height, and thence not less than twelve inches thick to the top. If over 150 feet in height, each additional thirty feet in height or part thereof, next the foundation walls, shall be increased four inches in thickness, the upper 150 feet of wall remaining the same as specified for a wall of that height. All non-fireproof dwelling houses erected under this sec- tion, exceeding twenty-six feet in width, shall have brick fore-and-aft partition walls. All non-bearing walls of build- ings hereinbefore in this section siJecifijed may be four inches less in thickness, provided, however, that none are less than twelve inches thick, except as in this Code specified. Eight- inch brick partition Avails may be built to support the beams in such buildings in which the distance between the m^ain or bearing walls is not over thirty-three feet; if the distance between the main or bearing walls is over thirty- three feet the brick partition wall shall not be less than twelve inches thick; piovided, that no clear span is over twenty-six feet. No wall shall be built having any one thickness measuring vertically more than fifty feet. This section shall not be construed to prevent the use of iron or steel girders, or iron or steel girders and columns, or piers of masonry, for the support of the walls and ceilings over any room which has a clear span of more than twenty-six feet between walls, in such dwellings as are not constructed fireproof, nor to prohibit the use of iron or steel girders, or iron or steel girders and columns in place of brick walls in buildings which are to be used for dwellings when con- structed fireproof. If the clear span is to be over twenty- six feet, then the bearing walls shall be increased four inches in thickness for every twelve and one-half feet or part thereof that said span is over twenty-six feet, or shall have, instead of the increased thickness, such piers or but- tresses as, in the judgment of the Commissioner of Build- ings having jurisdiction, may be necessary. Whenever two or more dwelling houses shall be con- structed not over twelve feet six inches in width, and not over- fifty feet in height, the alternating centre wall be- tween any two such houses shall be of brick, not less than eight inches thick above the foundation wall; and the ends of the floor beams shall be so separated that four inches of brickwork will be between the beams where they rest on the said centre wall. (Id., sec. 31, rev. from L. 1882, ch. 410, § 476, as amend.) § 32. Walls for Warehouses. — The expression " walls for warehouses " shall be taken to mean and include in this class walls for the following buildings: CODE OF ORDINANCES OF THE CITY OF NEW YORK. 183 Warehouses, stores, factories, mills, printing- houses, pumping stations, refrigerating houses, slaughter houses, wheelwright shops, cooperage shops, breweries, light and power houses, sugar refineries, office buildings, stables, markets, railroad buildings, jails, police stations, court houses, observatories, foundries, machine shops, public as- sembly buildings, armories, churches, theatres, libraries, museums. The walls of all warehouses, twenty-five feet or less in width between walls or bearings, shall be not less than twelve inches thick to the height of forty feet above the foundation walls. If over forty feet in height, and not «ver sixty feet in height, th£ walls shall be not less than sixteen inches thick above the foundation walls to the height of forty feet, or to the nearest tier of beams to that height, and thence not less than twelve inches thick to the top. If over sixty feet in height, and not over seventy-five feet in height the walls shall be not less than twenty inches thick above the foundation walls to the height of twenty- five feet, or to the net^rest tier of beams to that height, and thence not less than sixteen inches thick to the top. If over seventy-five feet in height, and not over 100 feet in height, the walls shall be not less than twenty-four inches thick above the foundation walls to the height of forty feet, or to the nearest tier of beams to that height; thence not less than twenty inches thick to the heig-ht of seventy-five feet, or to the nearest tier of beams to that height, and thence not less than sixteen inches thick to the top. If over 100 feet in height, and not over 125 feet in height, the walls shall be not less than twenty-eight inches thick above the foundation walls to the height of forty feet, or to the nearest tier of beams to that height; thence not less than twenty- four inches thick to the height of seventy-five feet, or to the nearest tier of beams to that height; thence not less than twenty inches thick to the height of 110 feet, or to the nearest tier of beams to that height, and thence not less than sixteen inches thick to the top. If over 125 feet in height, and not over 150 feet, the walls shall be not less than thirty-two inches thick above the foundation walls to the height of thirty feet, or to the nearest tier of beams to that height; thence not less than twenty-eight inches thick to the height of sixty-five feet, or to the nearest tier of beams to that height; thence not less than twenty-four inches thick to the height of 100 feet, or to the nearest tier of beams to that height; thence not less than twenty inches thick to the height of 135 feet, or to the nearest tier of beams to that height; and thence not less than sixteen inches thick to the top. If over 150 feet in height, each additional twenty-five feet in height, or part thereof next above the foundation walls shall be increased four inches in thickness, the upper 150 feet of wall remaining the same as specified for a wall of that height, 184 CODE OF OKDI^•A^XLS or the city of new yokk. If there is to be a clear span of over twenty-five feet be- tween the bearing walls, such walls shall be four inches more in thickness than in this section specified, for every twelve and one-half feet, or fraction thereof, that said walls are more than twenty-five feet apart, or shall have instead of the increased thickness such piers or buttresses as, in the judgment of the Oommission^r of Buildings, m.ay be necessary. The walls of buildings of a public character shall be not less than in this Code specified for warehouses with such piers or such buttresses, or supplemental columns of iron or steel, as, in the judgment of the Commissioner of Build- ings having jurisdiction, may be necessary to make a safe and substantial building. In all stores, warehouses and factories over twenty-five feet in width between walls there shall be brick partition walls, or girders supported on iron, or wood columns, or piers of masonry. In all stores, warehouses or factories, in case iron, steel or wood girders, supported by iron, steel or wood columns, or piers of masonry, are used in place of brick partition walls, the building may be seventy-five feet wide and 210 feet deep, when extending from street to street, or when otherwise located may cover an area of not more than 8,000 superficial feet. When a building fronts on three streets it may be 105 feet wide and 210 feet deep, or if a corner building fronting on two streets it may cover an area of not more than 12,500 superficial feet; but in no case vsdder nor deeper, nor to cover a greater area, except in the case of fireproof buildings. An area greater than herein stated may, considering location and purpose, be allowed by the Board of Buildings when the proposed building does not exceed three stories in height. (Id., sec. 32, rev. from L. 1882, ch. 410, § 477, as amend.) § 33. Increased Thickness of Walls for Buildings More Than 105 Feet in Depth. — All buildings, not excepting dwellings, that are over 105 feet in depth, vdthout a cross- wall or proper piers or buttresses, shall have the side or bearing walls increased in thickness four inches more than is specified in the respective sections of this Code for the thickness of walls for every 105 feet or part thereof, that the said buildings are over 105 feet in depth. (Id., sec. 33, rev. from L. 1882, ch. 410, § 477, as amend.) § 34. Reduced Thickness for Interior Walls. — In case the walls of any building are less than twenty-five feet apart, and less than forty feet in depth, or there are cross-walls which intersect the walls, not more than forty feet distant, or piers or buttresses built into the walls, the interior walls may be reduced in thickness in just proportion to the num- ber of cross-walls, piers or buttresses, and their nearness to each other; provided, however, that this clause shall not ^pply to walls below sixty feet in height, and that no sucU CODE OF ORDINANCES OF THE CITY OF NEW YORK. 185 wall shall be less than twelve inches thick at the top, and gradually increased in thickness by set-offs to the bottom. The Commissioner of Buildings having jurisdiction is hereby authorized and empowered to decide (except where herein otherwise provided for) how much the walls herein men- tioned may be permitted to be reduced in thickness, accord- ing to the peculiar circumstances of each case, without endangering the strength and safety of the building. (Id., sec. 34, rev. from L. 1882, ch. 410, § 477, as amend.) § 35. One-story Brick Buildings. — One-story structures not exceeding a height of fifteen feet may be built with eight-inch walls when the bearing walls are not more than nineteen feet apart, and the length of the eight-inch bear- ing walls does not exceed fifty-five feet. One-story and basement extensions may be built with eight-inch walls when not over twenty feet wide, twenty feet deep and twenty feet high to dwellings. (Id., sec. 35, rev. from L. 1882, ch. 410, § 477, as amend.) § 36. Inclosure Walls for Skeleton Structures. — Walls of brick built in between iron or steel columns, and supported wholly or in part on iron or steel girders, shall be not less than twelve inches thick for seventy-five feet of the upper- most height thereof, or to the nearest tier of beams to that measurement, in any building so constructed, and every lower section of sixty feet, or to the nearest tier of beams to such vertical measurement, or part thereof, shall have a thickness of four inches more than is required for the sec- tion next above it down to the tier of beams nearest to the curb level; and thence downward, the thickness of walls shall increase in the ratio prescribed in section 26, this Code. (Id., sec. 36, rev. from L. 1882, ch. 410, § 477, as amend.) § 37. Curtain Walls. — Certain walls built in between piers or iron or steel columns and not supported on steel or iron girders, shall be not less than twelve inches thick for sixty feet of the uppermost height thereof, or nearest tier of beams to that height, and increased four inches for every additional section of sixty feet or nearest tier of beams of that height. (Id., sec. 37.) § 38. Existing Party Walls.— Walls heretofore built for or used as party walls, whose thickness at the time of their erection was in accordance with the requirements of the then existing laws, but which are not in accordance with the requirements of this Code, may be used, if in good con- dition, for the ordinary uses of party walls, provided the height of the same be not increased. (Id., sec. 38, rev. from L. 1882, ch. 410, § 478.) § 39. Lining Existing Walls. — In case it is desired to increase the height of existing party or independent walls, which are less in thickness than required under this Code, the same shall be done by a lining of brickwork to form a combined thickness with the old wall of not less than four 186 CODE OF ORDINANCES OF THE CITY OF NEW YORK. inches more than the thickness required for a new wall corresponding with the total height of the wall when so increased in height. The said linings shall be supported on proper foundations and carried up to such height as the Commissioner of Buildings having jurisdiction may require. No lining shall be less than eight inches in thickness, and all lining shall be laid up in cement mortar and thoroughly anchored to the old brick walls with suitable wrought-iron anchors, placed two feet apart and properly fastened or driven into the old walls in rows alternating vertically and horizontally with each other, the old walls being first cleaned of plaster or other coatings where any lining is to be built against the same. No rubble wall shall be lined except after inspection and approval by the department. (Id., sec. 39, rev. from L. 1882, ch. 410, § 478, as amend.) § 40. Walls of Unfinished Buildings. — Any building, the erection of which was commenced in accordance with speci- fications and plans submitted to and approved by the Department of Buildings prior to the passage of this Code, if properly constructed and in safe condition, may be com- pleted or built upon in accordance with the requirements of law, as to thickness of walls, in force at the time when such specification and plans were approved. (Id., sec. 40, rev. from L. 1882, ch. 410, § 478, as amend.) § 41. Walls Tied, Anchored and Braced. — In no case shall any wall or walls of any building be carried up more than two stories in advance of any other wall, except by permis- sion of the Commissioner of Buidings having jurisdiction, but this prohibition shall not include th(i inclosure walls for skeleton buildings. The front, rear, side and party walls shall be properly bonded together, or anchored to each other every six feet in their height by wrought-iron tie anchors, not less than one and a half inches by three- eighths of an inch in size, and not less than twenty-four inches in length. The side anchors shall be built into the side or party walls not less than sixteen inches, and into the front and rear walls, so as to secure the front and rear walls to the side or party walls when not built and bonded together. All exterior piers shall be anchored to the beams or girders on the level of each tier. The walls and beams of every building, during the erection or alteration thereof, shall be strongly braced from the beams of each story and, when required, shall also be braced from the out- side until the building is inclosed. The roof tier of wood beams shall be safely anchored with plank or joist to the beams of the story below until the building is inclosed. (Id., sec. 41, rev. from L. 1882, ch. 410, § 478, as amend.) § 42. Arches and Lintels. — Openings for doors and win- dows in all buildings shall have good and sufficient arches of stone, brick or terra-cotta, well built and keyed with good and sufficient abutments or lintels of stone, iron or steel of sufficient strength, which shall have a bearing at CODE OF ORDINANCES OF THE CITY OF NEW YORK. 187 each end of not less than five inches on the wall. On the inside of all openings in which lintels shall be less than the thickness of the wall to be supported, there shall be timber lintels which shall rest at each end not more than three inches on any wall, which shall 'be chamfered at each end, and shall have a suitable arch turned over the timber lintel. Or the inside lintel may be of cast iron or wrought iron or steel, and in such case stone blocks or cast-iron plates shall not be required at the ends where the lintel rests on the walls, provided the opening is not more than six feet in width. All masonry arches shall be capable of sustaining the weight and pressure which they are designed to carry, and the stress at any point shall not exceed the working stress for the material used, as given in section 139 of this Code. Tie rods shall be used where necessary to secure stability. (Id., sec. 42, rev. from L. 1882, ch. 410, § 481, as amend.) § 43. Parapet Walls. — All exterior and division or party walls over fifteen feet high, excepting where such walls are to be finished with cornices, gutters or crown mouldings, shall have parapet walls not less than eight inches in thick- ness and carried two feet above the roof, but for ware- houses, factories, stores and other buildings used for com- mercial or manufacturing purposes, the parapet walls shall be not less than twelve inches in thickness and carried three feet above the roof, and all such walls shall be coped with stone, terra-cotta or cast iron. (Id., sec. 43, rev. from L. 1882, ch. 410, § 479, as amemd.) § 44. Hollow Walls. — In all walls that are built hollow the same quantity of stone, brick or concrete shall be used in their construction as if they were built solid as in this Code provided, and no hollow wall shall be built unless the parts of same are connected by proper ties, either of brick, stone or iron, placed not over twenty-four inches apart. (Id., sec. 44, rev. from L. 1882, ch. 410, § 479, as amend.) § 45. Hollow Bricks on Inside of Walls. — The inside four inches of all walls may be built of hard-burnt hollow brick, properly tied and bonded into the walls and of the dimen- sion of ordinary bricks. Where hollow tile or porous terra- cotta blocks are used as lining or furring for walls, they shall not be included in the measurement of the thickness of such walls. (Id., sec. 45, rev. from L. 1882, ch. 410, § 479, as amend.) § 46. Recesses and Chases in Walls. — Recesses for stair- ways or elevators may be left in the foundation or cellar walls of all buildings, but in no case shall the walls be of less thickness than the walls of the fourth story, unless reinforced by additional piers with iron or steel girders, or iron or steel columns and girders, securely anchored to walls on each side. Recesses for alcoves and similar pur- poses shall have not less than eight inches of brickwork nt the back of such recesses, and such recesses shall be not more ISS CODE OF ORDINANCES OF THE CITY OF NEW YORK. than eig-ht feet in width, and shall be arched over or spanned with iron or steel lintels, and not carried up higher than eighteen inches below the bottom of the beams of the floor next above. No chase for water or other pipes shall be made in any pier, and in no wall ifiore than one-third of its thick- ness. The chases around said pipe or pipes shall be filled up with solid masonry for the space of one foot at the top and bottom of each story. No horizontal recess or chase in any wall shall be allowed exceeding four feet in length with- out permission of the Commissioner of Buildings having jur- isdiction. The aggregate area of recesses and chases in any wall shall not exceed one-fourth of the whole area of the face of the wall on any story, nor shall any such recess be made within a distance of six feet from any other recess in the same wall. (Id., sec. 46, rev. from L. 1882, ch. 410, § 479, as amend.) § 47. Furred Walls. — In all walls furred with wood, the brickwork between the ends of wood beams shall project the thickness of the furring beyond the inner face of the wall for the full depth of the beams. (Id., sec. 47, rev. from L. 1882, ch. 410, § 479, as amend.) § 48. Light and Vent Shafts. — In every building hereafter erected or altered, all the walls or partitions forming interior light or vent shafts shall be built of brick or such other fire- proof materials as may be approved by the Commissioner of Buildings having jurisdiction. The walls of all light or vent shafts, whether exterior or interior, hereafter erected, shall be carried up not less than three feet above the level of the roof, and the brick walls coped as other parapet walls. Vent shafts to light interior bathrooms in private dwellings may be built of wood filled in solidly with brick or hard-burnt clay blocks, when extending through not more than one story in height, and carried not less than two feet above the roof, covered with a ventilating skylight of metal and glass. (Id., sec. 48, rev. from L. 1882, ch. 410, § 480, as amend.) § 49. Brick and Hollow Tile Partitions. — Eight-inch brick and six-inch and four-inch hollow tile partitions of hard- burnt clay or porous terra-cotta may be built, not exceeding in their vertical portions a measurement of fifty, thirty-six and twenty-four feet, respectively, and in their horizontal measurement a length not exceeding seventy-five feet, unless strengthened by proper crosswalls, piers or buttresses, or built in iron or steel framework. All such partitions shall be carried on proper foundations, or on iron or steel girders, or on iron or steel girders and columns or piers of masonry. (Id., sec. 49, rev. from L. 1882, ch. 410, § 480, as amend.) § 50. Cellar Partitions in Residence Buildings. — One line of fore-and-aft partitions in the cellar or lowest story, sup- porting stud partitions above, in all residence buildings over twenty feet between bearing walls in the cellar or lowest story, hereafter erected, shall be constructed of brick, not less than eight inches thick, or piers of brick with openings CODE OF ORDINANCES OF THE CITY OF NEW YORK. I8f) arched over below the under side of the first tier of beams, or girders of iron or steel and iron columns, or piers of masonry, may be used; or if iron or steel floor beams span- ning- the distance between bearing walls are used, of ade- quate sti"ength to support the stud partitions above in addi- tion to the floor load to be sustained by the said iron or steel beams, then the fore-and-aft brick partition, or its equivalent, may be omitted. Stud partitions, which may be placed in the cellar or lowest story of any building, shall have good, solid, stone or brick foundation walls under the same, which shall be built up to the top of the floor beams or sleepers, and the sills of said partitions shall be of locust or other suitable hard wood; but if the walls are built five inches higher of brick than the top of the floor beams or sleepers, any wooden sill may be used on which the studs shall be set. (Id., sec. 50, rev. from L. 1882, ch. 410, § 480, as amend.) § 51. Main Stifti Partitions. — In residence buildings, where fore-and-aft stud partitions rest directly over each other, they shall run down between the wood floor beams and rest on the top plate of the partition below, and shall have the studding filled in solid between the uprights to the depth of the floor beams wdth suitable incombustible materials. (Id., sec. 51, rev. from L. 1882, ch. 410, § 480, as amend.) § 52. Timber in Walls Prohibited. — No timber shall be used in any wall of any building where stone, brick or iron is commonly used, except inside lintels, as herein provided, and brace blocks, not more than eight inches in length. (Id., sec. 52, rev. from L. 1882, ch. 410, § 488, as amend.) Part 7. — Apartment Houses, Tenement Houses and Dwellings of Certain Heights. § 53. Apartment Houses, Tenement Houses and Dwellings of Certain Heights. — Every non-fireproof building hereafter erected or altered for an apartment house or tenement house, five stories in height, or having a basement and four stories in height above a cellar, to be occupied by one or more families on any floor above the first shall have the first floor above the cellar or lowest story constructed fire- proof in such manner as required in section 106 of this Code. When any such non-fireproof building exceeding five stories in height or having a basement and five stories in height above a cellar has a store on the first story, the entire second story floor shall also be constructed fireproof. No non-fireproof apartment house, tenement house or dwelling house shall be hereafter erected more than six stories in height, nor exceed a height of seventy-five feet, unless such building has both the first and second story floors con- structed fireproof, and then the height shall be not more than seven stories nor exceed eighty-five feet in height. Fireproof apartment houses or tenement houses, if con- 190 CODE OF ORDINANCES OF THE CITY OF NEW YORK. structed entirely in accordance with the requirements of section 105 of this Code, for fireproof construction may be erected to a height not to exceed 150 feet, but not more than twelve stories in height upon all streets and avenues exceed- ing seventy-nine feet in width, and 125 feet, but not more than ten stories in height upon all streets and avenues not exceeding seventy-nine feet in width, but any such building, when exceeding 100 feet in height, shall be not less than forty feet in width. If any such building shall have a front- age exceeding forty feet and exceeds eighty-five feet in height, it shall have at least two separate fireproof stair- ways accessible from each apartment, leading from the ground floor to the roof, one of which shall be remote from elevator shafts. The stairs from the cellar or lowest story to the fireproof floor next above, when placed within any such building, shall be located, when practicable, to the rear of the staircase leading from the first story to the upper stories and be inclosed with brick or stone walls, and such stairway shall be provided with self-closing fireproof doors at the top and bottom of said flight of stairs. When such stairway is placed underneath the first story staircase, it shall be constructed fireproof and be roofed over with fireproof material, and be also inclosed with brick walls, with self-closing fireproof doors at the top and bottom of said fiight of stairs. When the stairs from the first story to the cellar or lowest story are located in an open side court the door leading thereto from the first story may be placed underneath the staircase in the first story, and the strings and railings of such outside stairs shall be of iron, and if the stairs be inclosed from the weather incombustible material only shall be used for that purpose. No closet shall be constructed underneath the first story staircase, but the space there- under shall be left entirely open and kept free from incum- brance, but this shall not prohibit the inclosing without openings the under portions of the staircase from the foot of the same to a point where the height from the floor line to the soffit of the staircase shall not exceed flve feet. All non-flreproof apartment houses and tenement houses exceeding flve stories in height, or having a basement and five stories in height above a cellar, shall be constructed as in this section before described, and shall also have the halls and stairs inclosed with twelve-inch brick walls. Eight- inch brick walls not exceeding fifty feet in their vertical measurement, may inclose said halls and stairs, and be used as bearing walls where the distance between the outside bearing walls does not exceed thirty-three feet, and the area between the said brick inclosure walls does not exceed 180 superficial feet. The floors, stairs and ceilings in said halls and stairways shall be made of iron, steel, brick, stone, tile, cement or other hard incombustible materials, excepting that the flooring and sleepers underneath the same may be CODE OF ORDINANCES OF THE CITY OF NEW YORK. 191 of wood and the handrails of the stairs may be of hard wood, and the treads may be of oak not less than one and five-eighths inches in thickness, provided that where such wooden treads are used the under side of the stairs shall be entirely lathed with iron or wire lath, and plastered thereon, or covered with metal. At least one flight of such stairs in each of said buildings shall extend to the roof, and be inclosed in a bulkhead built of fireproof materials. The said halls and stairways shall have a connecting fireproof hallway inclosed with suitable walls of brick or such other fireproof materials, including the ceiling in all cases, as may be approved by the Commissioner of Buildings having juris- diction, in the first story and extend to the street. (Id., sec. 53, rev. from L. 1882, ch. 410, § 480, as amend.) Part 8. — YaultSf Areas and Cellars. § 54. Cellars to be Connected with Sewers. — Before the walls of buildings are carried up above the foundation walls the cellar shall be connected with the street sewers. Should there be no sewer in the street, or if the cellars are below water level, or below the sewer level, then provision shall be made by the owner to prevent water accumulating in the cellars to the injury of the foundations. (Id., sec. 54, rev. from L. 1882, ch. 410, § 474, as amend.) § 55. Vaults Under Sidewalks. — In buildings where the space under the sidewalk is utilized, a sufficient stone or brick wall, or brick arches between iron or steel beams, shall be built to retain the roadway of the street, and the side, end or party wails of such building shall ex- tend under the sidewalk of sufficient thickness, to such wall. The roofs of all vaults shall be of incom- bustible material. Openings in the roofs of vaults for the admission of coal or light, or for manholes, or for any other purposes, if placed outside the area line, shall be covered with glass set in iron frames, each glass to measure not more than sixteen square inches, or with iron covers having a rough surface, and rabbeted flush with the side- walk. When any such cover is placed In any sidewalk, it shall be placed as near as practicable to the outside line of the curb. All vaults shall be thoroughly ventilated. (Id., sec. 55, rev. from L. 1882, ch. 410, § 475, as amend.) See cases cited under Vaults, in G. O., sec. 170. § 56. Areas. — All areas shall be properly protected with suitable railings or covered over. When areas are covered over, iron or iron and glass com- bined, stone or other incombustible materials shall be used and supported on brick or stone walls, or on iron or steel beams. (Id., sec. 56, rev. from L. 1882, ch. 410, § 475, as amend.) See cases cited under Areas in G. O., sec. 180. § 57. Cellar Floors. — The floor of the cellar or lowest story in every dwelling house, apartment house, tenement 192 CODE OF ORDINANCES OF THE CITY OF NEW YORK. house, lodging house, hotel, workshop, factory, school, church, hospital and asylum hereafter erected, shall be con- creted not less than four inches thick. Where wood floors are to be laid in such cellars or lowest stories, the sleepers shall be placed on top of the concrete. (Id., sec. 57, rev. from L. 1882, ch. 410, § 480, as amend.) § 58. Cellar Ceilings. — The ceiling over every cellar or lowest floor in every residence building more than four stories in height, hereafter erected, when the beams are of wood, shall be lathed with iron or wire lath and plastered thereon with two coats of brown mortar of good materials, or such other fireproof covering as may be approved by the Commissioner of Buildings having jurisdiction. ''Id., sec. 58, rev. from L. 1882, ch. 410, § 480, as amend.) Part 9. — Wood Beams, Girders and Columns. § 59^ Wood Beams. — All wood beams and other timbers in the* party wall of every building built of stone, brick or iron shall be separated from the beam or timber entering in the opposite side of the wall by at least four inches of solid mason work. No wood floor beams or wood roof beams used in any building hereafter erected shall be of a less thickness than three inches. All wood trimmer and header beams shall be proportioned to carry with safety the loads they are intended to sustain. Every wood header or trimmer more than four feet long, used in any building, shall be hung in stirrup irons of suitable thickness for the size of the timbers. Every wood beam, except header and tail beams, shall rest at one end four inches in the wall, or upon a girder', as authorized by this Code. The ends of all wood floor and roof beams, where they rest on brick walls, shall be cut to a bevel of three inches on their depth. In no case shall either end of a floor or roof beam be supported on stud partitions, except in frame buildings. All wood floor and wood roof beams shall be properly bridged with cross bridging, and the distance between bridging or between bridging and walls shall not exceed eight feet. All wood beams shall be trimmed away from all flues and chimneys, whether the same be a smoke, air or any other flue or chim- ney. The trimmer beam shall not be less than eight inches from the inside face of a flue, and four inches from the out- side af a chimney breast, and the header beam not less than two inches from the outside face of the brick or stone work of the same; except that for the smoke flues of boilers and furnaces where the brickwork is required to be eight inches in thickness, the trimmer beam shall be not less than twelve inches from the inside of the flue. The header beam, carry- ing the tail beams of a floor, and supporting the trimmer arch in front of a fireplace, shall be not less than twenty inches from the chimney breast. The safe carrying capacity of wood beams for uniformly distributed loads shall be determined by mutiplying- the area in square inches by its CODE OP ORDINANCES OF THE CITY OF NEW YORK. 193 depth in inches and dividing ths product by the span of the beam in feet. This result is to be multiplied by seventy for hemlock, ninety for spruce and white pine, 120 for oak and by 140 for yellow pine. The safe carrying- capacity of short span timber beams shall be determined by their resistance to shear in accordance with the unit stresses lixed by section 139 of this Code. (Id,, sec. 59, rev. from L. 1882, ch. 410, sec. 488, as amend.) § 60. Anchors and Straps for Wood Beams and Girders. — Each tier of beams shall be anchored to the side, front, rear or party walls at intervals of not more than six feet apart, with good, strong, wrought-iron anchors of not less than one and one-half inches by three-eighths of an inch in size, well fastened to the side of the beams by two or more nails made of wrought iron at least one-quarter of an inch in diameter. Where the beams are supported by girders, the girders shall be anchored to the walls and fastened to each other by suitable iron straps. The ends of wood beams resting upon girders shall be butted together end to end and strapped by wrought-iron straps of the same size and dis- tance apart, and in the same beam as the wall anchors, and shall be fastened in the same manner as said wall anchors. Or they may lap each other at least twelve inches and be well spiked or bolted together where lapped. Each tier of beams front and rear, opposite each pier, shall have hardwood anchor strips dovetailed into the beams diagonally, which strips shall cover at least four beams and be one inch thick and four inches wide, but no such anchor strips shall be let in within four feet of the centre line of the beams; or wood strips may be nailed on the top of the beams and kept in place until the floors are being laid. Every pier and wall, front or rear, shall be well anchored to the beams of each story, with the same size anchors as are required for side walls, which anchors shall hook over the fourth beam. (Id., sec. 60, rev. from L. 1882, ch. 410, § 488, as amend.) § 61. Wood Columns and Plates. — All timber columns shall be squared at the ends perpendicular to their axes. To prevent the unit stresses from exceeding those fixed in this Code, timber or iron cap and base plates shall be provided. Additional iron check plates shall be placed between the cap and base plates and bolted to the girders when required to transmit the loads with safety. (Id., sec. 61.) * § 62, Timber for Trusses. — When compression members of trusses are of timber they shall be strained in the direc- tion of the fibre only. When timber is strained in tension it shall be strained in the direction of the fibre only. The working stress in timber struts of pin-connected trusses shall not exceed seventy-five per cent, of the working stresses established m section 139, this Code. (Id., sec. 62.) § 63. Bolts and Washers for Timber Work.— All bolts used 13 194 CODE OF ORDINANCES OF THE CITY OF NEW YORK. in connection with timber and wood beam work shall be provided with washers of such proportions as will reduce the compression on the wood at the face of the washer to that allowed in section 139, this Code, supposing the bolt to be strained to its limit. (Id., sec. 63.) Part 10. — Chimneys, Flues, Fireplaces and Heating Pipes. § 64. Trimmer Arches. — All fireplaces and chimney breasts where mantels are placed, whether intended for ordinary fireplace uses or not, shall have trimmer arches to support hearths, and the said arches shall be at least twenty inches in width, measured from the face of the chimney breast, and they shall be constructed of brick, stone or burnt clay. The length of a trimmer arch shall be not less than the width of the chimney breast. Wood centres under trim- mer arches shall be removed before plastering the ceiling underneath. If a heater is placed in a fireplace, then the hearth shall be the full width of the heater. All fireplaces in which heaters are placed shall have incombustible man- tels. No wood mantel or other woodwork shall be exposed back of a summer piece; the ironwork of the summer piece shall be placed against the back or stone work of the tire- place. No fireplace shall be closed with a wood fireboard. (Id., sec. 64.) § 65. Chimneys, Flues and Fireplaces. — All fireplaces and chimneys in stone or brick walls in any building hereafter erected, except as herein otherwise provided, and any chim- ney or flue hereafter altered or repaired, without reference to the purpose for which they may be used, shall have the joints struck smooth on the inside, except when lined on the inside with pipe. No parging mortar shall be used on the inside of any fireplace, chimney or flue. The firebacks of all fireplaces here'after erected shall be not less than eight inches in thickness, of solid masonry. When a grate is set in a fireplace a lining of firebrick, at least two inches in thickness, shall be added to the fireback, unless soapstone, tile or cast iron is used, and filled solidly behind with fire- proof material. The stone or brickwork of the smoke flues of all boilers, furnaces, bakers' ovens, large cooking ranges, large laundry stoves, and all flues used for a similar purpose shall be at least eight inches in thickness, and shall be capped with terra-cotta, stone or cast iron. The inside four inches of all boiler flues shall be firebrick, laid in fire mortar, for a distance of twenty-five feet in any. direction from the source of heat. All smoke flues of smelt- ing furnaces or of steam boilers, or other apparatus which heat the flues to a high temperature, shall be built with double walls of suitable thickness for the temperature, with an air space between the walls, the inside four inches of the flues to be of firebrick. All smoke flues shall extend at least three feet above a flat roof, and at least two feet above a peak roof. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 195 On dwelling houses and stables, three stories or less in height, not l«ss than six of the top courses of a chimney may be laid in pure cement mortar and the brickwork care- fully bonded and anchored together in lieu of coping. In all buildings hereafter erected every smoke flue, except the flues hereinbefore mentioned, shall be lined on the inside with cast iron or well-burnt clay, or terra-cotta pipe, made smooth on the inside, from the bottom of the flue, or from the throat of thie fireplace, if the flue starts from the latter, and carried up continuously to the extreme height of the flue. The ends of all such lining pipes shall be made to flt close together, and the pipe shall be built in as the fl»e or flues are carried up. Each smoke pipe shall be inclosed on all side with not less than four inches of brickwork properly bonded together. All flues in every building shall be properly cleaned and all rubbish removed, and the flues left smooth on the insjde upon the completion of the building. (Id., sec. 65, rev. from L. 1882, ch. 410, § 489, as amend.) § 66. Chimney Supports. — No chimney shall be started or built upon any floor or beam of wood. In no case shall a chimney be corbeled out more than eight inches from the wall, and in all such cases the corbel- ing shall consist of at least five courses of brick, but no cor- beling more tiian four inches shall be allowed in eight-inch brick walls. Where chimneys are supported by piers, the piers shall start from the foundation on the same line with the chimney breast, and shall be not less than twelve inches on the face, properly bonded into the walls. When a chim- ney is to be cut off below, in whole or in part, it shall be wholly supported by stone, brick, iron or steel. All chim- neys which shall be dangerous in any manner whatever, shall be repaired and made safe, or taken down. (Id., sec. 66, rev. from L. 1882, ch. 410, § 489, as amend.) § 67. Chimneys of Cupolas. — Iron cupola chimneys of foundries shall extend at least ten feet above the highest point of any roof within a radius of fifty feet of such cupola, and be covered on top with a heavy wire netting. No woodwork shall be placed within two feet of the cupola. (Id., sec. 67, rev. from L. 1882, ch 410, § 489, as amend.) § 68. Hot-Air Flues, Pipes and' Vent Ducts. — All stone or brick hot-air flues and shafts shall be lined with tin, gal- vanized iron or burnt-clay pipes. No wood casing, furring or lath shall be placed against or cover any smoke flue or metal pipe used to convey hot air or steam. No smoke pipe shall pass through any wood floor. No stovepipe shall be placed nearer than nine inches to any lath and plaster or board partition, ceiling or any woodwork. Smoke pipes of laundry stoves, large cooking ranges and of furnaces shall be not less than fifteen inches from any v^^odwork, unless they are properly guarded by metal shields; if so guarded, stovepipes shall be not less than six inches distant, smoke 196 CODE OF ORDIIQANCES OF THE CITY OF KEW VCKK. pipes of laundry stoves, larg-e cooking ranges and of fur- naces shall be not less than nine inches distant from any woodwork. WTiere smoke pipes pass through a lath and plaster partition they shall be guarded by galvanized iron ventilated thimbles at least twelve inches larger in diameter than the pipes, or by galvanized iron thimbles built in at least eight inches of brickwork. No smoke pipe shall pass through the roof of any building unless a special permit be first obtained from the Building Department for the same. If a permit is so granted, then the roof through which the smoke pipe passes shall be protected in the following man- ner: A galvanized iron ventilated thimble of the following dimensions shall be placed; in case of a stovepipe, the diam- eter of the outside guard shall be not less than twelve inches and the diameter of the inner one, eight inches, and for all furnaces, or where similar large hot fires are used, the diameter of the outside guard shall be not less than eighteen inches and the diameter of the inner one, twelve inches. The smoke-pipe thimbles shall extend from the under side of the ceiling or roof beams to at least nine inches above the roof, and they shall have openings for ventilation at the lower end where the smoke pipes enter, also at the top of the guards above the roof. Where a smoke pipe of a boiler passes through a roof, the same shall be guarded by a ven- tilated thimble, same as before specified, thirty-six inches larger than the diameter of the smoke pipe of the boiler. Tin or other metal pipes in brick or stone walls, used or intended to be used to convey heated air, shall be covered wdth brick or stone at least four inches in thickness. Wood- work near hot-air pipes shall be guarded in the following manner: A hot-air pipe shall be placed inside another pipe, one inch larger in diameter, or a metal shield shall be placed not less than one-half inch from the hot-air pipe; the out- side pipe or the metal shield shall remain one and one-half inches away from the woodwork and the latter must be tin lined, or in lieu of the above protection, four inches of brickwork may be placed between the hot-air pipe and the woodwork. This shall not prevent the placing of metal lath and plaster directly on the face of hot-air pipes or the placing of woodwork on such metal lath or plaster, pro- vided the distance is not less than seven-eighths of an inch. No vertical hot-air pipe shall be placed in a stud partition, or in a wood inclosure, unless it be at least eight feet dis- tant in a horizontal direction from the furnace. Hot-air pipes in closets shall be double, with a space of one inch between them. Horizontal hot-air pipes shall be placed six inches below the floor beams or ceiling; if the floor beams or ceiling are plastered and protected by a metal shield, then the distance shall be not less than three inches. Vent flues or ducts for the removal of foul or vitiated air in which the temperature of the air cannot exceed that of the rooms, may be constructed of iron, or other incombus- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 197 tible material, and shall not be placed nearer than one inch to any woodwork, and no such pipe shall be used for any other purpose. In the support or construction of such ducts, if placed in a public school room, no wood furring- or other inflammable material shall be nearer than two inches to said flues or ducts, and shall be covered on all sides other than those resting against brick, terra-cotta, or other incombustible material, with metal lath plastered with at least two heavy coats of mortar, and having at least one-half inch air space between the flues or ducts and the lath and plaster. (Id., sec. 68, rev. from L. 1882, ch. 410, § 489, as amend.) § 69. Steam and Hot Water Heating Pipes. — Steam or hot water heating pipes shall not be placed within two inches of any timber or woodwork, unless the timber or woodwork is protected by a metal shield; then the distance shall be not less than one inch. All steam or hot water heating pipes passing through floors and ceilings or lath and plastered partitions shall be protected by a metal tube one inch larger in diameter than the pipe having a metal cap at the floor, and where they are run in a horizontal direction between a floor and ceiling, a metal shield shall be placed on the under side of the floor over them, and on the sides of wood beams running parallel with said pipe. All wood boxes or casings inclosing steam or hot water heating pipes and all wood covers to recesses in walls in which steam or hot water heating pipes are placed, shall be lined with metal. All pipes or ducts used to convey air warmed by steam or hot water shall be of metal or other fireproof material. All steam and hot water pipe coverings shall consist of fireproof materials only. (Id., sec. 69, rev. from L. 1882, ch. 410, § 490, as amend.) Part 11. — General Construction. § 70. Ducts for Pipes. — All ducts for pipes, wires, and other similar purposes shall be inclosed on all sides with fireproof material, and the opening through each floor shall be properly fire-stopped. (Id., sec. 70.) § 71. Studded-off Spaces. — Where walls are studded-ofp, the space between the inside face of the wall and the studding shall be fire-stopped with fireproof material placed on the under side of the wood beams above, for a depth of not less than four inches, and be securely supported; or the beams directly over the studded-ofP space shall be deafened with not less than four inches of fireproof material, which may be laid on boards cut in between the beams. (Id., sec. 71.) § 72. Wainscoting. — When wainscoting is used in any building hereafter erected, the surface of the wall or par- tition behind such wainscoting shall be plastered fiush with the grounds and down to the floor line. (Id., sec. 72, rev. from L. 1882, ch. 410, § 480, as amend.) 198 CODE OF OBDINANCES OF THE CITY OF NEW YORK. § 73. Bay, Oriel and Show Windows. — Bay windows, oriel windows and show windows on the street front or side of any building- may project not more than one foot beyond the building line and shall be constructed of such materials and in such manner as will meet with the approval of the Department of Buildings. Any such window that does not extend more than three feet above the second-story floor of any dwelling- house may be built of wood covered with metal. (Id., sec. 73, rev. from L. 1882, ch. 410, § 495, as amend.) See cases cited under Bay Window, in G. O., sec. 224. Part 12. — Stairs and Entrance. § 74 Entrance to Basement. — Every dwelling house ar- rang-ed for or occupied by two or more families above the first story, hereafter erected, shall be provided with an entrance to the basement thereof from the outside of such building. (Id., sec. 74, rev. from L. 1882, ch. 410, § 498, as amend.) § 75. Stairs, Number Regulated by Area of Building. — In any building hereafter erected to be used as a store, factory, hotel or lodging house, covering- a lot area exceeding 2,500 feet and not exceeding 5,000 feet, there shall be provided at least two continuous lines of stairs remote from each other; and every such building shall have at least one continuous line of stairs for each 5,000 feet of lot area coverec^ or part thereof, in excess of that required for 5,000 feet of area. When any such building covers an area of lot greater than 15,000 feet the number of stairs shall be increased propor- tionately, or as will meet with the approval of the Commis- sioner of Buildings having jurisdiction. (Id., sec. 75.) § 76. Engineers' Stationary Ladders. — Every building in which boilers or machinery are placed in the cellar or lowest story shall have stationary iron ladders or stairs from such story leading direct to a manhole above on the sidewalk, or other outside exit. (Id., sec. 76.) § 77. Slate and Stone Treads of Stairs to be Supported. — In all buildings hereafter erected more than seven stories in height, where the treads and landings of iron stairs are of slate, marble or other stone, they shall each be supported directly underneath, for their entire length and width, by an iron plate made solid or having openings not exceeding four inches square in same, of adequate strength and securely fastened to the strings. In case such supporting plates be made solid, the treads may be of oak, not less than one and five-eighths inches thick. (Id., sec. 77.) Part 13. — Skylights and Floor Lights. § 78. Metal Skylights. — All skylights having a superficial area of more than nine square feet, placed in any building, shall have the sashes and frames thereof constructed of iron and glass. Every fireproof roof hereafter placed on any CODE OF ORDINAI^CES OF THE CITY OF NEW YORK. 199 building- shall have, besides the usual scuttle or bulkhead, a skylight or skylights of a superficial area equal to not less than one-fiftieth the superficial area of such fireproof roof. Skylights hereafter placed in public buildings, over any passagew^ay or room of public resort, shall have immediately underneath the glass thereof a ware netting, unless the glass contains a wire netting within itself. (Id., sec. 78, rev. from L. 1882, ch. 410, § 494, as amend.) § 79. Floor Lights. — Floor lights, used for transmission of light to floors below, shall be constructed of metal frames and bars or plates, and if any glass in same measures more than sixteen square inches, the glass shall be pro- vided with a mesh of wire either in the glass or under the same, and the floor lights shall be of the same proportional strength as the floors in which they are placed. (Id., sec. 79.) Part 14. — Inclosure and Shed Coverings for the Protection of Pedestrians. § 80. Inclosure and Shed Coverings for the Protection of Pedestrians. — Whenever buildings shall be erected or increased to over sixty-five feet in height, upon or along any street, the owner, builder or contractor constructing or repairing such buildings shall have erected and maintained during such construction or repair a shed over the sidewalk in front of said premises, extending from building line to curb, the same to be properly, strongly and tightly con- structed, so as to protect pedestrians and others using such streets. Whenever outside scaffolds are required to carry on the construction of buildings over eighty-five feet in height, whether the same be constructed by poles or thrust-out scaffold, there shall be erected on its outer edge and ends an inclosure of wire netting of not over two-inch mesh, or of boards not less than three-fourths of an inch thick, placed not over one and one-half inches apart, well secured to uprights not less than two inches by four inches, fas- tened to planks or timbers, and resting on put logs or thrust outs. The said inclosure shall be carried up at least five feet in advance above the level on which the workmen employed on said front are working. The said thrust outs shall be not less than three by ten, of spruce or yellow pine, and to be doubled or tripled, as may be required for the load to be carried, and to be thoroughly braced and secured; or said timbers can be in one stick, if proportioned to the load. The flooring on thrust outs and put logs shall be tightly constructed with plank. This said floor and inclosure shall not be removed until a like floor and inclosure is already prepared and in position on the story above. In all buildings over eighty-five feet in height, during construction or alteration, the windows on each floor above the second shall be properly inclosed as soon as the story is built. If the walls of such buildings are carried up two stories or 200 CODE OF ORDINANCES OF THE CITY OF NEW YORK. more above the roofs of adjoining buildings, proper means shall be provided and used for the protection of skylights and roofs of such adjoining buildings. The protection over skylights shall be of stout wire netting not over three- quarter-inch mesh, on stout timbers, and properly secured. All such sheds and inclosures are to be subject to the inspection of the Department of Buildings. Should said adjoining owner, tenant or lessee refuse to grant permission to have said roofs and skylights so protected, such refusal by said owner, tenant or lessee shall relieve the owner of the building in course of construction from any responsi- bility for damage done to persons or property on or %vithin the premises affected. Should such inclosure or protection not be so erected, the Commissioner of Buildings having jurisdiction shall cause a notice to be served personally upon the owner, or his authorized agent, constructing or repairing such buildings, or the owner, tenant or lessee of adjoining premises, requiring such inclosure or protection, as pro- vided in this section, specifying the manner in which same shall be erected; and if such inclosures or protection are not erected, strengthened or modified as provided in such notice within three days after the service thereof, the said Commissioner of Buildings having jurisdiction shall have full power and authority to cause such inclosure to be erected on the fronts and roofs and the skylights protected, and all expenses connected with same may become a lien on the property in interest so inclosed and protected, and which lien may be created and enforced in the same manner as now provided for in section 156 of this Code. (Id., sec. 80.) Part 15. — Miscellaneous Buildings. § 81. Grain Elevators. — Nothing in this Code shall be so construed as to apply to or prevent the erection of what are known as grain elevators, as usually constructed, provided they are erected on tidewater, or adjacent to the river front in said city, in isolated localities, under such conditions as the Department of Buildings may prescribe, including loca- tion. (Id., sec. 81, rev. from L. 1882, ch. 410, § 484, as amend.) § 82. Exhibition Buildings. — Buildings for fair and exhi- bition purposes, towers for observation purposes and struc- tures for similar uses, whether temporary or permanent in character, shall be constructed in such manner and under such conditions as the Board of Buildings may prescribe. (Id., sec. 82.) § 83. Smokehouses. — All smokehouses shall be of fire- proof construction, with brick walls, iron doors and brick or metal roofs. An iron guard shall be placed over and three feet above the fire, and the hanging rails shall be of iron. The walls of all smokehouses shall be built up at least three feet higher than the roof of the building in which they are located. (Id., sec. 83.) CODE OF ORDINANCES OP THE CITY OF NEW YORK. 201 Part 16. — Heating Apparatus, Drying Rooms, Gas and Water Pipes. § 84. Heating- Furnaces and Boilers. — A brick-set boiler shall not be placed on any wood or combustible floor or beams. Wood or combustilDle floors and beams under and not less than three feet in front and one foot on the sides of all portable boilers shall be protected by a suitable brick foundation of not less than two courses of brick well laid in mortar on sheet iron; the said sheet iron shall extend at least twenty-four inches outside of the foundation at the sides and front. Bearing* lines of bricks, laid on the flat, with air spaces between them, shall be placed on the foun- dation to support a cast-iron ash pan of suitable thickness, on which the base of the boiler shall be placed, and shall have a flange, turned up in the front and on the sides, four inches high; said pan shall be in width not less than the base of the ijoiler and shall extend at least two feet in front of it. If a boiler is suj)ported on a cast-iron base with a bottom of the required thickness for an ash pan, and is placed on bearing lines of brick in the same manner as specified for an ash pan, then an ash pan shall be placed in front of the said base and shall not be required to extend under it. All lath and plaster and wood ceilings and beams over and to a distance of not less than four teet in front of all boilers shall be shielded with metal. The distance from the top of the boiler to said shield shall be not less than twelve inches. No combustible partition shall be within four feet of the sides and back and six feet from the front of any boiler, unless said partition shall be cov- ered with metal to the height of at least three feet above the floor, and shall extend from the end or back of the boiler to at least five feet in front of it; then the distance shall be not less than two feet from the sides and five feet from the front of the boiler. All brick hot-air furnaces shall have two covers, with an air space of at least four inches between them; the inner cover of the hot-air chamber shall be either a brick arch or two courses of brick laid on galvanized iron or tin, supported on iron bars; the outside cover, which is the top of the furnace, shall be made of brick or metal sup- ported on iron bars, and so constructed as to be perfectly tight, and shall be not less than four inches below any com- bustible ceiling or floor beams. The walls of the furnace shall be built hollow in the following* manner: One inner and one outer wall, each four inches in thickness, properly bonded together with an air space of not less than three inches between them. Furnaces must be built at least four inches from all woodwork. The cold-air boxes of all hot- air furnaces shall be made of metal, brick or other incom- bustible material, for a distance of at least ten feet from the furnace. All portable hot-air furnaces shall be placed at least two feet from any wood or combustible partition or ceiling, unless the partitions and ceilings are properly pro- 202 CODE OF ORDINANCES OF THE CITY OF NEW YORK. tected by a metal shield, when the distance shall be not Less than one foot. Wood floors under all portable furnaces shall be protected by two courses of brickwork well laid in mortar on sheet iron. Said brickwork shall extend at least two feet beyond the furnace in front of the ash pan. (Id., sec. 84, rev. from L. 1882, ch. 410, § 490, as amend.) § 85. Registers. — Registers located over a brick furnace shall be supported by a brick shaft built up from the cover of the hot-air chamber; said shaft shall be lined with a metal pipe, and all wood beams shall be trimmed away not less than four inches from it. Where a register is placed on any woodwork in connection with a metal pipe or duct, the end of the said pipe or duct shall be flanged over on the woodwork under it. All registers for hot-air furnaces placed in any woodwork or combustible floors shall have stone or iron borders firmly set in plaster of paris or gauged mortar. All register boxes shall be made of tin plate or galvanized iron with a flange on the top to fit the groove in the frame, the register to rest upon the same; there shall be an open space of two inches on all sides of the register box, extend- ing- from the under side of the border to and through the ceiling below. The said opening shall be fitted with a tight tin or galvanized iron casing, the upper end of which shall be turned under the frame. When a register box is placed in the floor over a portable furnace, the open space on all sides of the register box shall be not less than three inches. When only one register is connected with a furnace said register shall have no valve. (Id., sec. 85, rev. from L. 1882, ch. 410, § 490, as amend.) § 86. Drying Rooms. — All walls, ceilings and partitions inclosing drying rooms, when not made of fireproof material, shall be wire lathed and plastered, or covered with metal, tile or other hard incombustible material. (Id., sec. 86.) § 87. Ranges and Stoves. — Where a kitchen range is placed from twelve to six inches from a wood stud partition, the said partition shall be shielded with metal from the floor to the height of not less than three feet higher than the range; if the range is within six inches of the partition, then the studs shall be cut away and framed three feet higher and one foot wider than the range, and filled in to the face of the said stud partition with brick or fireproof blocks, and plastered thereon. All ranges on wood or combustible floors and beams that are not supported on legs and have ash pans three inches or more above their base, shall be set on suit- able brick foundations, consisting of not less than two courses of brick well laid in mortar on sheet iron, except small ranges such as are used in apartment houses that have ash pans three inches or more above their base, which shall be placed on at least one course of brickwork on sheet iron or cement. No range shall be placed against a furred wall. All lath and plaster or wood ceilings over all larare ranges and ranges in hotels and restaurants, shall be CODE OF ORDINANCES OF THE CITY OF NEW YORK. 203 guarded by metal hoods placed at least nine inches below the ceiling". A ventilating pipe connected with a hood over a range shall be at least nine inches from all lath and plaster or woodwork, and shielded. If the pipe is less than nine inches from lath and plaster and woodwork, then the pipe dhall be covered with one inch of asbestos plaster on wire mesh. No ventilating pipe connected with a hood over a range shall pass through any floor. Laundry stoves on wood or combustible floors shall have a course of bricks, laid on metal, on the floor under and extended twenty-four inches on all sides of them. All stoves for heating purposes shall be properly supported on iron legs resting on the floor three feet from all lath and plaster or woodwork; if the lath and plaster or woodwork is properly protected by a metal shield, then the distance shall be not less than eighteen inches. A metal shield shall be placed under and twelve inches in front of th£ ash pan of all stoves that are placed on wood floors. All low gas stoves shall be placed on iron stands, or the burners shall be at least six inches above the base of the stoves, and metal guard plates placed four inches below the burners, and all woodwork under them shall be covered with metal. (Id., sec. b7, rev. from L. 1882, ch. 410, § 490.) § 88. Notice as to Heating Apparatus. — In cases where hot water, steam, hot air or other heating appliances or fur- naces are hereafter placed in any building, or flues or fire- places are changed or enlarged, due notice shall first be given to the Department of Buildings by the person or persons placing the said furnace or furnaces in said building, or by the contractor or superintendent of said work. (Id., sec. 88, rev. from L. 1882, ch. 410, § 490, as amend.) § 89. Gas and Water Pipes. — Every building, other than a dwelling house hereafter erected, and all factories, hotels, churches, theatres, schoolhouses and other buildings of a pub- lic character now erected in which gas or steam is used for lighting or heating, shall have the supply pipes leading from the street mains provided each with a stopcock placed in the sidewalk at or near the curb, and so arranged as to allow of shutting off at that point. No gas, water or other prpes which may be introduced into any building' shall be let into the beams unless the same be placed within thirty-six inches or than two inches in depth. All said pipes shall be installed in accordance with the rules and regulations prescribed by the Board of Buildings. All gas brackets shall be placed at least three feet below any ceiling or wood- work, unless the same is properly protected by a shield; in which case the distance shall be not less than eighteen inches. No swinging or folding gas bracket shall be placed against any stud partition or woodwork. No gas bracket on any lath aad plaster partition or woodwork shall be less than five inches in length, measured from the burner to the plaster surface or woodwork. Gaslights placed near 204 CODE OF ORDINA>'CES OF THE CITY OF NEW YOEK. window curtains or any other combustible material shall be protected by a proper shi£ld. (Id., sec. 89, rev. from L. 1882, ch. 410, § 490, as amend.) Part 17. — Roofs, Leaders, Cornices, Bulkheads, Scuttles and Tanks. § 90. Mansard Eoofs. — If a mansard or other roof of like character having" a pitch of over sixty dcg-rees be placed on any building", except a wood building, or a dwelling house not exceeding three stories nor more than forty feet in height, it shall be constructed of iron rafters and lathed with iron or steel on the inside and plastered, or filled in with fireproof material not less than three inches thick, and covered with metal, slate or tile. (Id., sec. 90, rev. from L. 1882, ch. 410, § 493, as amend.) § 91. Cornices and Gutters. — On all buildings hereafter erected wdthin the fire limits, the exterior cornices, inclusive of those on show windows, and gutters shall be of some fireproof material. All fireproof cornices shall be well secured to the walls with iron anchors, independent of any woodwork. In all cases the walls shall be carried up to the planking of the roof. Where the cornice projects above the roof the walls shall be carried up to the top of the cornice. The party walls shall in all cases extend up above the planking of the cornice and be coped. All exterior wooden cornices that may now be or that may hereafter become unsafe or rotten shall be taken down, and if replaced, shall be constructed of some fireproof material. All exterior cornices of wood or gutters that may hereafter be damaged by fire to the extent of one-half shall be taken down, and if replaced shall be constructed of some fireproof mat-erial; but if not damaged to the extent of one-half, the sam^e may be repaired with the same kind of material of which they were originally constructed. (Id., sec. 91, rev. from L. 1882, ch. 410, § 493, as amend.) § 92. Bulkheads on Eoofs and Scuttles. — Bulkheads used as inclosures for tanks and elevators, and coverings for the machinery of elevators and all other bulkheads, including the bulkheads of all dwelling houses more than four stories in height hereafter erected or altered, may be constructed of hollow fireproof blocks; or of wood covered with not less than two inches of fireproof material, or filled in the thick- ness of the studding with such material, and covered on all outside surfaces with metal, including both surfaces and .edges of doors All such buildings shall have scuttles or bulkheads covered with some fireproof materials, with lad- ders or stairs leading thereto, and easily accessible to all occupants. No scuttle shall be less in size than two by three feet. No staging or stand shall be constructed or occupied upon the roof of any building without first obtain- ing the approval of the Coramissioruer of Buildings having jurisdiction. (Id., sec. 92, rev. from L. 1882, ch. 410, § 493, as amend.) CODE OF ORDINANCES OF THE CITY OF NEW YOEK. 205 § 93. Tanks. — Tanks containing' more than 500 gallons of water or other fluid hereafter placed in any story, or on the roof or above the roof of any building now or hereafter erected, shall be supported on iron or steel beams of sufficient strength to safely carry the same; and the beams shall rest at both their ends on brick walls or on iron or steel girders or iron or steel columns or piers of masonry. Underneath any said water tank or on the side near the bottom of the same, there shall be a short pipe or outlet, not less than four inches in diameter, fitted with a suitable valve having a lever or wheel handle to same, so that firemen or others can readily discharge the weight of the fluid contents from the tank, in case of necessity. Such tanks shall be placed where practicable at one corner of a building, and shall not be placed over nor near a line of stairs. Covers on top of water tanks placed on roofs, if of wood, shall be covered with tin. (Id., sec. 93.) § 94. Koofing and Leaders Within the Fire Limits. — The planking and sheathing of the roofs of buildings shall not in any case be extended across the side or party wall thereof. Every building and the tops and sides of every dormer window thereon shall be covered and roofed with brick, tile, slate, tin, copper, ii'on; or plastic slate, asphalt, slag, or gravel may be used, provided such roofing shall be composed of not less than five layers of roofing felt, cemented together and finished with -not less than ten gal- lons of coal tar, pitch or asphalt to each 100 square feet of roof, or such other quality of fireproof roofing as the Board of Buildings, under its certificate, may authorize, and the outside of the frames of every dormer window hereafter placed upon any building shall be made of some fireproof material. No wood building within the fire limits more than two stories or above twenty feet in height above the curb level to the highest part thereof, which shall require roofing, shall be roofed with any other roofing or covered except as aforesaid. Nothing in this section shall be construed to prohibit the repairing of any shingle roof, provided the building is not altered in height. All buildings shall be kept provided with proper metallic leaders for conducting water from the roofs in such manner as shall protect the walls and foundations of said buildings from injury. In no case shall the w^ater from the said leaders be allowed to flow upon the sidewalk, but the same shall be conducted by pipe or pipes to the sewer. If there be no sewer in the same street upon which such buildings front, then the water from said leader shall be conducted by proper pipe or pipes, below the surface of the sidewalk to the street gutter. (Id., sec. 94, rev. from L. 1882, ch. 410, § 494, as amend.) Part 18. — Elevators, Hoisttcays and Dumb-waiters. § 95. Elevators and Hoistways. — In any building in which there shall b.e any hoistway or freight elevator or wellhole 206 CODE OF ORDINANCES OF THE CITY OF NEW YORK. not inclosed in walls constructed of brick or other fireproof material and provided with fireproof doors, the openings thereof through and upon each floor of said building, shall be provided with and protected by a substantial guard or gate and with such good and sufficient trap-doors as may be directed and approved by the Department of Buildings; and when in the opinion of the Commissioner of Buildings having jurisdiction, automatic trap-doors are required to the floor openings of any uninclosed freight elevator, this same shall be constructed so as to form a substantial floor surface when closed, and so arranged as to open and close by the action of the elevator in its passage either ascending or descending. The said Commissioner of Buildings shall have exclusive power and authority to require the openings of hoist ways or hoistway shafts, elevators and wellhoLes in buildings to be inclosed or secured by trap-doors, guards or gates and railings. Such guards or gates shall be kept closed at all times, except when in actual use, and th£ trap- doors shall be closed at the close of the business of each day by the occupant or occupants of the building having the use or control of thie same. (Id., sec. 95, rev. from L. 1882, ch. 410, § 492, as amend.) It is the duty of an owner of a building to protect a hatchway by a suitable railing. McRickard vs. Flint, 114 N. Y. 222; Atkinson vs. Abraham, 45 Hun, 238. And see Malloy vs. N. Y. Real Est. Assn., 156 N. Y. 205. § 96. Elevator Inclosures. — All elevators hereafter placed in any building, except such fireproof buildings as have been or may be hereafter erected, shall be inclosed in suitable walls of brick or with a suitable framework of iron and burnt-clay filling, or of such other fireproof material and form of construction as may be approved by the Department of Buildings, except that the inclosure walls in non-fireproof buildings over five stories high, used as warehouses or factories shall be of brick. If the inclosure walls are of brick, laid in cement mortar, and not iised as bearing walls, they may be eight inches in thickness for not more than fifty feet of their uppermost height, and increasing in thickness four inches for each lower fifty feet portion or part thereof. Said walls or construction shall extend through and at least three feet above the roof. All openings in the said walls shall be provided with fireproof shutters or fireproof doors, made solid for three feet above the floor level, except that the doors used for openings in buildings intended for the occupancy of one family may be of wood covered on the inner surface and edges with metal, not including the openings in the cellar, nor above the roof in any such shaft walls. The roofs over all inclosed elevators shall be made of fireproof materials, with a skylight at least three-fourths the area of the shaft, made of glass set in iron frames. When ibhe shaft does not extend to the ground the lower end shall be inclosed in fireproof material. (Id., sec. 96, as amend, by ord. app. June 26, 1902.) CODE OF ORDINANCES OF THE CITY OF NEW YOBK. 207 § 97. Dumb-waiter Shafts. — All dumb-waiter shafts, ex- cept such as do not extend more than three stories above the cellar or basement in dwelling houses, shall be inclosed in suitable walls of brick or with burnt-clay blocks, set in iron frames of proper strength, or fireproof blocks strength- ened with metal dowels, or such other fireproof material and form of construction as may be approved by the Com- missioner of Buildings having jurisdiction. Said walls or construction shall extend at least three feet above the roof and be covered with a skylight at least three-fourths the area of the shaft, made with metal frames and glazed. All • openings in the inclosure walls or construction shall be provided vdth self-closing fireproof doors. When the shaft does not extend to the floor level of the lowest story, the bottom of the shaft shall be constructed of fireproof material. (Id., sec. 97.) § 98. Elevators in Staircase Tnclosures. — Open grillwork inclosures for passenger elevators, not extending below the level of the first floor, may be erected in staircase inclosures in buildings where thjc entire space occupied by the stairs and elevators is inclosed in brick or stone walls, and the stairs are constructed as specified in section 53 of this Code. (Id., sec. 98, rev. from L. 1882, ch. 410, § 492, as amend.) § 99. Elevators in Existing Hotels. — In every non-fireproof building used or occupied as a hotel, in which there is an elevator not inclosed in fireproof shafts, such elevator shall be inclosed in suitable walls, constructed and arranged as in this Code required for elevator shafts. (Id., sec. 99, rev. from L. 1882, ch. 410, § 492, as amend.) § 100. Screen Under Elevator Sheaves. — Immediately un- der the sheaves at the top of every elevator shaft in any building there shall be provided and placed a substantial grating or scrjBcn of iron or steel, of such construction as shall be approved by the Department of Buildings. (Id., sec. 100, rev. from L. 1882, ch. 410, § 492, as amend.) § 101. Inspection of Elevators. — The Commissioners of Buildings shall cause an inspection of elevators carrying passengers or employees to be made at least once every three months, and shall make regulations for the inspection of such elevators wdth a view to safety; and shall also pre- scribe suitable qualifications for persons who are placed in charge of the running of such elevators. The regulations shall require any repairs found necessary to any such ele- vators to be made without delay by the owner or lessee. In case defects are found to exist which endanger life or limb by the continued use of such elevator, then, upon notice from the Department of Buildings, the use of such elevator shall cease, and it shall not again be used until a certificate shall be first obtained from said department that such ele- vator has been made safe. No person shall employ or permit any person to be in charge of running any passenger elevator who does not possess the qualifications prescribed therefor. 208 COBB OF ORDlIfANCES OF THE CITY OF KEW YORK. Every freight elevator or lift shall have a notice posted conspicuously thiBreon as follows: " Persons riding on this elevator do so at their ovs^n risk." (Id., sec. 101, rev. from L. 1882, ch. 410, § 492, as amend.) Part 19. — Fire Appliances, Fire-escapes and Fireproof Shutters and Doors. § 102. In every building now erected, unless already pro- vided with a three-inch or laj*ger vertical pipe, which exceeds 100 feet in height, and in every building hereafter to be erected exceeding eighty-five feet in height, and when any such building does not exceed 150 feet in height, it shall be provided with a four-inch standpipe, running from cellar to roof, with one two-way three-inch Siamese connection to be placed on street above the curb level, and with one two and one-half-inch outlet, v^rith hose attached thereto on each floor, placed as near the stairs as practicable; and all build- ings now erected, unless already provided with a three-inch or larger vertical pipe, or hereafter to be erected, exceeding 150 feet in height, shall be provided with an auxiliary fire apparatus and appliances, consisting of water tank on roof, or in cellar, standpipes, hose, nozzles, wrenches, fire extin- guishers, hooks, axes, and such other appliances as may be required by the Fire Department — all to be of the best material and of the sizes, patterns and regulation kinds used and required by the Fire Department. In every such build- ing a steam or electric pump and at least one passenger elevator shall be kept in readiness for immediate use by the Fire Department during all hours of the night and day, including holidays and Sundays. The said steam or electric pumps, if located in the lowest story, shall be placed not less than two feet above the floor level. All the wires and cables which supply power to the electric pumps shall be covered with fireproof material, or protected in such other manner as to prevent the destruction or damage of said cables and wires by fire. The boilers which supply power to the passenger ekvators and steam or electric pumps, if located in the lowest story, shall be so surrounded by a dwarf brick wall laid in cement mortar, or other suitable permanent waterproof construction, as to exclude water to the depth of two feet above the floor level from flowing into the ash pits of said boilers. When the level of the floor of the lowest story is above the level of the sewer in the street a large cesspool shall be placed in said floor and connected by a four-inch oast-iron drain pipe wdth the street sewer. Standpipes shall not be less than six inches in diam- eter for all buildings exceeding 150 feet in height. All standpipes shall extend to the street and there be provided at or near the sidewalk level with the Siamese connections. Said standpipes shall also extend to the roof. Valve outlets shall be provided on each and every story, including the basement and cellar and on the roof. All valves, hose, tools, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 209 and other appliances provided for in this section shall be kept in perfect working order, and once a month the person in charge of said building shall make a thorough inspection of the same to see that all valves, hose and other appliances are in perfect working order and ready for immediate use by the Fire Department. If any of the said buildings extend from street to street, or form an L shape, they shall be provided with standpipes for each street frontage. In such buildings as are used or occupied for business or manufacturing purposes there shall be provided, in con- nection with said standpipe or pipes, two and one-half -inch perforated iron pipes placed on and along the ceiling line of each floor below thje first floor, and extending to the full depth of the building. Said perforated pipe shall be pro- vided with a valve placed at or near the standpipe, so that water can be let into same when deemed necessary by the firemen, or in lieu of such perforated pipes automatic sprinklers may be put in. When the building is twenty-five feet or Less in width two lines of perforated pipe shall be provided, and one line additionally for each twelve and one- half feet, or part thereof, that the building is wider than twenty-five feet. A suitable iron plate with raised letters shall be fastened to the wall near said standpipes, to read: " This standpipe connects to perforated pipes in the cellar." (Id., sec. 102, as amend, by ord. app. June 15, 1903.) § 103. Fire-escapes. — Every dwelling-house occupied by or built to be occupied by three or more families, and every building already erected, or that may hereafter be erected, more than three stories in height, occupied and used as a hotel or lodging-house, and every boarding-house having more than fifteen sleeping rooms above the basement story, and every factory, mill, manufactory or workshop, hospital, asylum or institution for the care or treatment of indi- viduals, and every building three stories and over in height used or occupied as a store or w^orkroom, and every building in whole or in part occupied or used as a school or place of instruction or assembly, and every office building five stories or more in height, shall be provided with such good and sufficient fire-escape, stairways or other means of egress in case of fire as shall be directed by the Department of Buildings; and said department shall have full and exclusive power and authority within said city to direct fire-escapes and other means of egress to be provided upon and within said building or any of them. The owner or owners of any building upon which a fire-escape is erected shall keep the same in good repair and properly painted. No person shall at any time place any incumbrance of any kind whatsoever before or upon any fire-escape, balcony or ladder. It shall be the duty of every fireman and policeman who shall dis- cover any fire-escape, balcony or ladder of any fire-escape incumbered in any way to forthv^dth report the same to the commanding officer of his company or precinct, and such 14 210 CODE OF ORDINANCES OF THE CITY OF NEW YORK. commanding officer shall forthwith cause the occupant of the premises or apartment to which said fire-escape, balcony or ladder is attached, or for whose use the same is provided, to be notified, either verbally or in writing, to remove such incumbrance and keep the same clear. If said notice shall not be complied with by the removal forthwith of such incumbrance, and keeping said fire-escape, balcony or ladder free from incumbrance, then it shall be the duty of said commanding officers to apply to the nearest police magis- trate for a warrant for the arrest of the occupant or occu- pants of the said premises or apartments of which the fire- escape forms a part, and the said parties shall be brought before the said magistrate, as for a misdemeanor; and, on conviction, the occupant or occupants of said premises or apartment shall be fined not more than ten dollars for each offense, or may be imprisoned not to exceed ten days, or both, in the discretion of the court. In constructing all balcony fire-escapes the manufacturer thereof shall securely fasten thereto, in a conspicuous place, a cast-iron plate having suitable raised letters on the same, to read as fol- lows: "Notice: Any person placing any incumbrance on this balcony is liable to a penalty of ten dollars and impris- onment for ten days." All buildings requiring fire-escapes shall have stationary iron ladders leading to the scuttle opening in the roof thereof, and all scuttles and ladders shall be kept so as to be ready for use at all times. If a bulkhead is used in place of a scuttle it shall have stairs with sufficient guard or hand-rail leading to the roof. In case the building shall be a tenement house the door in the bulkhead or any scuttle shall at no time be locked, but may be fastened on the inside by movable bolts or hooks. (Id., sec. 103, rev. from L. 1882, ch. 410, § 498, as amend.) This provision is a police regulation and constitutional. The notice mentioned must, however, be given by the proper official heads and not subordinate officers. Fire Dept, vs. Sturtevant, 33 Hun, 407. And such power is continuous. Fire Dept. vs. Chapman, 10 Daly, 377. But it is the duty of an owner to erect fire-escapes without waiting for such notice. McLaughlin vs. Armfield, 58 Hun, 376; also see Greenhaus vs. Alter, 30 App. Div. 585. The State Labor Law does not repeal the charter provision giving jurisdiction to Building Department. City of N. Y. vs. Trustees Sailors' Snug Harbor, 85 App. Div. 355. The act applies to two buildings used as one, having in all more than fifteen bedrooms, Dept. Buildings N. Y. vs. Field, 12 App. Div. 258. An owner is not liable under the common law for failure to supply fire-escapes. Pauley vs. Steam Gauge Co., 131 N. Y. 90. § 104. Fireproof Shutters and Doors. — Every building which is more than two stories in height above the curb Level, except dwelling houses, hotels, schoolhouses and churches, shall have doors, blinds or shutters made of iron, hung to iron hanging frames or to iron eyes built into the wall, on every exterior window and opening above the first story thereof, excepting on the front openings of buildings fronting on streets which are more than thirty feet in CODE OF ORDINANCES OF THE CITY OF NEW YOBK. 211 width, or where no other buildings are within thirty feet of such opening's. The said doors, blinds or shutters may be constructed of pine or other soft wood of two thicknesses of matched boards at right angles with each other, and securely covered with tin on both sides and edges, with folded lapped joints, the nails for fastening the same being driven inside the lap; the hinges and bolts or latches shall be secured or fastened to the door or shutter after the same has been covered with the tin, and such doors or shutters shall be hung upon an iron frame independent of thii woodwork of the windows and doors, or two iron hinges securely fastened in the masonry; or such frames, if of wood, shall be covered with tin in the same manner as the doors and shutters. All shutters opening on fire-escapes, and at least one row, vertically, in every three rows on the front window openings above the first story of any building, shall be so arranged that they can be readily opened from the outside by firemen. All rolling iron or steel shutters hereafter placed in the first story of any building shall be counterbalanced so that said rolling shutters may be readily opened by the firemen. No building hereafter erected other than a dwelling house or fireproof building shall have inside Iron or steel shutters to windows above the first story. All windows and openings above the first story of any building may be provided with other suitable protection, or may be exempted from having shutters by the Board of Buildings or the Board of Examiners, as the case may be. All buildings specified in this section hereafter erected or altered having openings in interior walls shall be provided with suitable fireproof doors where deemed necessary by the Commis- sioner of Buildings having jurisdiction. All occupants of buildings shall close all exterior and interior fireproof shut- ters, doors and blinds at the close of the business of each day. (Id., sec. 104, rev. from L. 1882, ch. 410, § 491, as amend.) Part 20. — Fireproof Buildings. § 105. Fireproof Buildings. — Every building hereafter erected or altered, to be used as a hotel, lodging house, school, theatre, jail, police station, hospital, asylum, institu- tion for the care or treatment of persons, the height of which exceeds thirty-five feet, excepting all buildings for which specifications and plans have been heretofore sub- mitted to and approved by the Department of Buildings, and every other building the height of which exceeds sev- enty-five feet, except as herein provided, shall be built fire- proof; that is to say, they shall be constructed with walls of brick, stone, Portland cement concrete, iron or steel, in which wood beams or lintels shall not be placed, and in which the floors and roofs shall be of materials provided for in section 106 of this Code. The stairs and staircase landings shall be built entirely of brick, stone, Portland cement concrete, iron or steel. No woodwork or other 212 CODE OF ORDINANCES OF THE CITY OF NEW YORK. inflammable material shall be used in any of the partitions, furrings or ceilings in any such fireproof buildings, except- ing, however, that when the height of the building does nol exceed twelve stories nor more than 150 feet, the doors and windows and their frames, the trims, the casings, the interior finish when filled solid at the back with fireproof material, and the floor boards and sleepers directly thereunder, may be of wood, but the space between the sleepers shall be solidly filled with fireproof materials and extend up to the under side of the floor boards. When the h.eight of a fireproof building exceeds twelve stories, or more than 150 feet, the floor surfaces shall be of stone, cement, rock asphalt, tiling or similar incombusti- ble material, or the sleepers and floors may be of wood treated by some process, approved by the Board of Build- ings, to render the same fireproof. All outside window frames and sash shall be of metal, or wood covered with metal. The inside window frames and sash, doors, trim and other interior finish may be of wood covered with metal, or wood treated by some process approved by the Board of Buildings to render the same fireproof. All hall partitions or permanent partitions between rooms in fireproof buildings shall be built of fireproof material and shall not be started on wood sills, nor on wood floor boards, but be built upon the fireproof construction of the floor and extend to the fireproof beam filling above. The tops of all door and window openings in such partitions shall be at least twelve inches below the ceiling line. (Id., sec. 105, rev. from L.. 1882, ch. 410, § 484, as amend. Amend, by ord. app. May 8, 1906, infra.) The " interior finish " applies to the permanent structure and not to trade fixtures. City of N. Y. vs. Stewart Realty Co., 109 App. Div. 702. § 106. Fireproof Floors. — Fireproof floors shall be con- structed with wrought iron or steel floor beams so arranged as to spacing and length of beams that the load to be supported by them, together with the weights of the mate- rials used in the construction of the said floors, shall not cause a greater deflection of the said beams than one- thirtieth of an inch per foot of span under the total load; and they shall be tied together at intervals of not more than eight times the depth of the beam. Between the wrought iron or steel floor beams shall be placed brick arches springing from the lower flange of the steel beams. Said brick arches shall be designed with a rise to safely carry the imposed load, but never less than one and one- quarter inches for each foot of span between the beams, and they shall have a thickness of not less than four inches for span? of five feet or less and eight inches for spans over five feet, or such thickness as may be required by the Board of Buildings. Said brick arches shall he composed of good, hard brick or hollow brick of ordinary dimensions laid to a CODE OF ORDINANCES OF THE CITY OF NEW YOEK. 213 line on the centres, properly and solidly bonded, each longi- tudinal line of brick breaking joints with the adjoining lines in the same ring and with the ring under it when more than a four-inch arch is used. The brick shall be well wet and the joints filled in solid with cement mortar. The arches shall be well grouted and properly keyed. Or the space between the beams may be filled in with hollow tile arches of hard-burnt clay or porous terra-cotta of uniform density and hardness of burn. The skew backs shall be of such form and section as to properly receive the thrust of said arch; and the said arches shall be of a depth and sec- tional area to carry the load to be imposed thereon, without straining the material beyond its safe working load, but said depth shall not be less than one and three-quarter inches for each foot of span, not including any portion of the depth of the tile projecting below the under side of the beams, a variable distance being allowed of not over six inches in the span between the beams, if the soffits of the tile are straight; but if said arch£s are segmental, having a rise of not less than one and one-quarter inches for each foot of span, the depth of the tile shall not be less than six inches. The joints shall be solidly filled with cement mortar as required for common brick arches and the arch so con- structed that the key block shall always fall in the central portion. The shells and webs of all end construction blocks shall abut, one against another. Or the space between the beams may be filled with arches of Portland cement concrete, segmental in form, and which shall have a rise of not less than one and one-quarter inches for each foot of span between the beams. The concrete shall not be less than four inches in thickness at the crown of the arch and shall be mixed in the proportions required by section 18 of this Code. These arches shall in all cases be reinforced and protected on the under side with corrugated or sheet st-eel, steel ribs, or metal in other forms weighing not less than one pound per square foot and having no openings larger than three inches square. Or between the said beams may be placed solid or hollow burnt clay, stone, brick, or con- crete slabs in flat or curved shapes, concrete or may be used in composition, and any of said materials may be used in combination with wire cloth, expanded metal, wire strands, or Avrought iron or steel; but in any such con- struction and as a precedent condition to the same being used, tests shall be made as herein provided by the manu- facturer thereof under the direction and to the satisfaction of the Board of Buildings, and evidence of the same shall be kept on file in the Department of Buildings, showing the nature of the test and the result of the test. Such tests shall be made by constructing within inclosure walls a plat- form consisting of four rolled steel beams, ten inches deep, weighing each twenty-five pounds per linear foot, and placed four feet between the centres, and connected by transverse 214 CODE OF ORDINANCES OF THE CITY OF NEW YORK. tie-rods, and with a clear span of fourteen feet for the two interior beams and with the two outer beams supported on the side walls throughout their length, and with both a filling between the said beams, and a fireproof protection of the exposed parts of the beams of the system to be tested, constructed as in actual practice, with the quality of material ordinarily used in that system and the ceiling plastered below, as in a finished Job; such filling between the two interior beams being loaded with a distributed load of 150 pounds per square foot of its area and all carried by such filling; and subjecting the platform so constructed to the continuous heat of a wood fire below, averaging not less than 1,700 degrees Fahrenheit for not less than four hours, during which time the platform shall have remained in such condition that no flame will have passed through the plat- form or any part of the same, and that no part of the load shall have fallen through, and that the beams shall have been protected from the heat to the extent that after applying to the under side of the platform at the end of the heat test a stream of water directed against the bottom of the platform and discharged through a one and one- eighth-inch nozzle under sixty pounds pressure for five minutes, and after flooding the top of the platform with water under low pressure, and then again applying the stream of water through the nozzle under the sixty pounds pressure to the bottom of the platform for five minutes, and after a total load of 600 pounds per square foot uni- formly distributed over the middle bay shall have been applied and removed, after the platform shall have cooled, the maximum deflection of the interior beams shall not exceed two and one-half inches. The Board of Buildings may from time to time prescribe additional or different tests than the foregoing for systems of filling between iron or steel floor beams, and the protection of the exposed parts of the beams. Any system failing to meet the requirements of the test of heat, water and weight, as herein prescribed, shall be prohibited from use in any building hereafter erected. Duly authenticated records of the tests heretofore made of any system of fireproof floor filling and protection of the exposed parts of the beams may be presented to the Board of Buildings, and if the same be satisfactory to said board, it shall be accepted as conclusive. No filling of any kind which may be injured by frost shall be placed between said floor beams during freezing weather, and if the same is so placed during any winter months, it shall be tempo- rarily covered with suitable material for protection from being frozen. On top of any arch, lintel or other device which does not extend to and from a horizontal line with the top of the said floor beams, cinder concrete or other suitable fireproof material shall be pla^'ed to solidly fill up the space to a level with the top of the said floor beams, and shall be carried to the under side of the wood floor CODE OF ORDINANCES OF THE CITY OF NEW YORK. 215 boards in case such be used. Temporary centering when used in placing ilreproof s^'stems between floor beams, shall not be removed within twenty-four hours or until such time as the mortar or material has set. All fireproof floor ays- t/cms shall be of suflicient strength to safely carry the load to be imposed thereon without straining the material in any case beyond its safe working load. The bottom flanges of all wrought iron or rolled steel floor and flat roof beams, and all exposed portions of such beams below the abutments of the floor arches shall be entirely incased with hard-burnt clay, porous terra-cotta or other fireproof material allowed to he used for the filling between the beams under the pro- visions of this section, such incasing material to be properly secured to the beams. The exposed sides and bottom plates or flanges of wrought iron or rolled steel girders supporting iron or steel floor beams, or supporting floor arches or floors, shall be entirely incased in the same manner. Openings through fireproof floors for pipes, conduits and similar purposes shall be shown on the plans. After the floors are constructed no opening greater than eight inches square shall be cut through said floors unless properly boxed or framed around with iron. And such openings shall be filled in with fireproof material after the pipes or conduits are in place. (Id., sec. 106, rev. from L. 1882, ch. 410, § 484, as amend.) § 107. Incasing Interior Columns. — All cast iron, wrought iron or rolled steel columns, including the lugs and brackets on same, used in the interior of any fireproof building, or used to support any fireproof floor, shall be protected with not less than two inches of flreproof material, securely applied. The extreme outer edge of lugs, brackets and similar supporting metal may project to within seven- eighths of an inch of the surface of the fireproofing. (Id., sec. 107.) Part 21. — Public Buildings, Theatres and Places of Assemblage. § 108. Public Buildings. — In all buildings of a public character, such as hotels, churches, theatres, restaurants, railroad depots, public halls, and other buildings used or intended to be used for purposes of public assembly, amuse- ment or instruction, and including department stores and other business and manufacturing buildings where large numbers of people are congregated, the halls, doors, stair- ways, seats, passageways and aisles, and all lighting and heating appliances and apparatus shall be arranged as the Department of Buildings shall direct to facilitate egress in cases of fire or accident, and to afford the requisite and proper accommodation for the public protection in such cases. All aisles and passageways in said buildings shall be kept free from camp stools, chairs, sofas and other obstructions, and no person shall be allowed to stand in or occupy any of said aisles or passageways, during any per- 21G CODE OF ORDINANCES OF THE CITY OF NEW YORK. formance, service, exhibition, lecture, concert, ball or any public assemblage. The Comniissionrer of Buildings having jurisdiction may at any time serve a written or printed notice upon the ov^^ner, lessee or manager of any of said buildings, directing any act or thing to be done or provided in or about the said buildings and the several appliances therewith connected, such as halls, doors, stairs, windows, seats, aisles, fire walls, fire apparatus and fire-escapes, as he may deem necessary. Nothing herein contained shall be construed to authorize or require any other alterations to theatres existing prior to June 9, 1885, than are specified in this section. (Id., sec. 108, rev. from L. 1882, ch. 410, § 499, as amend.) This section must be literally construed. It is not necessary, in order to recover the penalty from the manager, to prove that he personally knew of the violation, as he is held responsible for the acts of his servants. If any one stood or obstructed an aisle or passageway, the manager is guilty. Fire Dept. vs. Stetson, 14 Daly, 1^; Fire Dept. vs. Hill, 14 N. Y. Supp. 158. But where there are people standing in vacant space which is not used for either an aisle or a passageway, the statute is not violated. Sturgis vs. Grau, 39 Misc. Rep. 330. "Aisle," in the statute, means aisle of a theatre as built and actually used. Sturgis vs. Coleman, 38 Misc. 302. § 109. Theatres and Places of Public Amusement. — Every theatre or opera house or other building intended to be used for theatrical or operatic purposes, or for public enter- tainment of any kind, hereafter erected for the accommoda- tion of more than 300 persons, shall be built to comply with the requirements of this section. No building which, at the time of the passage of this Code is not in actual use for theatrical or operatic purposes, and no building here- after erected not in conformity with the requirements of this section, shall be used for theatrical or operatic pur- poses, or for public entertainments of any kind, until the same shall have been made to conform to the requirements of this section. And no building hereinbefore described shall be open^ed to the public for theatrical or operatic pur- poses, or for public entertainments of any kind, until the Department of Buildings and the Fire Commissioner shall have approved the same in writing as conforming to the requirements of this section. Every such building shall have at least one front on the street, and in such front there shall be suitable means of entrance and exit for the audience, not less than twenty-five feet in width. In addi- tion to the aforesaid entrances and exits on the street there shall be reserved for service in case of an emergency an open court or space in the rear and on the side not border- ing on the street, where said building is located on a corner lot; and in the rear and on both sides of said building, where there is but one frontage on the street as hereinafter provided. The width of such open court or courts shall be not less than ten feet where the seating capacity is not over 1,000 people, above 1,000 and not more than 1,800 people CODE OF ORDINANCES OF THE CITY OF NEW YORK. 217 twelve feet in width, and above 1,800 people fourteen feet in width. Said open court or courts shall extend the full length and height of the building and across on each side and rear thereof where its sides or side does not abut on a street or alley, and shall be of the same width at all points, and exits hereafter specified shall lead into such open courts. During the performance the doors or gates in the corridors shall be kept open by proper fastenings; at other times they may be closed and fastened by movable bolts or blocks. The said open courts and corridors shall not be used for storage purposes, or for any purposes whatsoever except for exit and entrance from and to the audi- torium and stage, and must be kept free and clear during performances. The level of said corridors at the front entrance to the building shall be not greater than one step above the level of the sidewalk where they begin at the street entrance. The entrance of the main front of the building shall be not on a higher level from the sidewalk than four steps, unless approved by the Depart- ment of Buildings. To overcome any difference of level in and between courts, corridors, lobbies, passages and aisles on the ground floor, gradients shall be employed of not over one foot in twelve feet, with no perpendicular rises. From the auditorium opening into the said open courts or on the side street, there shall be not less than two exits on each side in each tier from and including the parquet and each and every gallery. Each exit shall be at least five feet in width in the clear and provided with doors of iron or wood; if of wood, the doors shall be constructed as hereinbefore in this Code described. All of said doors shall open outwardly, and shall be fastened with movable bolts, the bolts to be kept drawn during performances. There shall be balconies not less than six feet in vndth in the said open court or courts at each level or tier above the parquet, on each side of the auditorium, of sufficient length to embrace the two exits, and from said balconies there shall be staircases extending to the ground level, with a rise of not over eight and one- half inches to a step and not less than nine inches tread, exclusive of the nosing. The staircase from the upper balcony to the next below shall be not less than forty-eight inches in width clear, and from the first balcony to the ground four feet in width in the clear where the seating capacity of the auditorium is for one thousand people or less four feet six inches in the clear where above one thou- sand and not more than eighteen hundred people, and five feet in the clear where above eighteen hundred people and not more than twenty-five hundred people, and not over five feet six inches in the clear where above twenty-five hun- dred people. All the before-mentioned balconies and stair- cases shall be constructed of iron throughout, including the floors, and of ample strength to sustain the load to be carried by them, and they shall be covered with a metal hood or 218 CODE OF ORDINANCES OF THE CITY OF NEW YORK. awning', to he constructed in such manner as shall be approved by the Department of Buildings. Where one side of the building borders on the street, there shall be balconies and staircases of like capacity and kind, as before mentioned, carried to the ground. When located on a corner lot, that portion of the premises bordering on the. side street and not required for the uses of the theatre may, if such portion be not more than twenty-five feet in width, be used for offices, . stores or apartments, provided the walls separating this jyortion from the theatre proper are carried up solidly to and through the roof, and that a fireproof exit is pro- vided for the theatre on each tier, equal to the combined width of exits opening on opposite sides in each tier, com- municating wdth balconies and staircases leading to the street in manner provided elsewhere in this section; said exit passages shall be entirely cut off by brick walls from said of&ces, stores or apartments, and the floors and ceilings in each tier shall be fireproof. Nothing herein contained shall prevent a roof garden, art gallery or rooms for similar pur- posjBS being placed above a theatre or public building, pro- vided the floor of the same forming the roof over such theatre or building shall be constructed of iron or steel and fireproof materials, and that said floor shall have no covering boards or sleepers of wood, but be of tile or cement. Every, roof over said garden or rooms shall have all supports and rafters of iron or steel, and be covered with glass or fire- proof materials, or both, but no such roof garden, art gallery or room for any public purpose shall be placed over or above that portion of any theatre or other building which is used as a stage. No workshop, storage or general property room shall be allowed above the auditorium or stage, or under thje same or in any of the fly galleries. All of said rooms or shops may be located in the rear or at the side of the stage, but in such cases they shall be separated from the stage by a brick wall, and the openings leading into said portions shall have fireproof doors on each side of the openings, hung to iron eyes built into the wall. No portion of any building hereafter erected or altered, used or intended to be used for theatrical or other purposes as in this section specified, shall be occupied or used as a hotel, boarding or lodging house, factory, workshop or manufactory, or for storage purposes, except as may be hereafter specially pro- vided for Said restriction relates not only to that portion of the building which contains the auditorium and the stage, but applies also to the entire structure in conjunction there- with. No store or room contained in the building, or the offices, stores or apartments adjoining, as aforesaid, shall be let or used for carrying on any business, dealing and articles designated as specially hazardous in the clas^fication of the New York Board of Fire Underwriters, or for manufacturing purposes. No lodging accommodations shall be allowed in any part of the building communicating with the auditorium. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 219 Interior walls built of fireproofing- materials shall separate the auditorium from the entrance vestibule, and from any room or rooms over the same, also from lobbies, corridors, refreshment or other rooms. All staircases for the use of the audience shall be inclosed with walls of brick, or of fireproof materials approved by the Department of Buildings, in the stories through which they pass, and the openings to said staircases from each tier shall be the full width of said staircase. No door shall open immediately upon a flig-ht of stairs, but a landing* at least the width of the door shall be provided between such stairs and such door. A fire wall, built of brick, shall separate the auditorium from the* stage. The same shall extend at least four feet above the stage roof, or the auditorium roof, if the latter be the higher, and shall be coped. Above the proscenium opening there shall be an iron girder of sufficient strength to safely support the load above, and the same shall be covered with fireproof materials to protect it from the heat. Should there be con- structed an orchestra over the stage, above the proscenium opening, the said orchestra shall be placed on the auditorium side of the proscenium fire wall, and shall be entered only from the auditorium side of said wall. The molded frame around the proscenium opening shall be formed entirely of fireproof materials; if metal be used, the metal shall be filled in solid with non-combustible material and securely anchored to the wall wdth iron. The proscenium opening shall be provided with a fireproof metal curtain, or a curtain of asbestos or other fireproof material approved by the Depart- ment of Buildings, sliding at each end within iron grooves, securely fastened to the brick wall and extending into such grooves to a depth not less than six inches on each side of the opening. Said fireproof curtain shall be raised at the commencement of each performance and lowered at the close of siaid performance, and be operated by approved machinery for that purpose. The proscenium curtains shall be placed at least three feet distant from the footlights at the nearest point_ No doorway or opening through the proscenium wall, from "the auditorium, shall be allowed above the level of the first floor, and such first floor openings shall have fireproof doors on each face of the wall, and the doors shall be hung so as to be opened from either side at all times. There shall be provided over the stage, metal skylights of an area or combined area of at least one-eighth the area of said stage, fitted up with sliding sash and glazed with double thick sheet glass not exceeding one-twelfth of an inch thick, and each pane thereof measuring not less than 300 square inches, and the whole of which skylight shall be so constructed as to open instantly on the cutting or burning of a hempen cord, which shall be arranged to hold said skylights closed, or some other equally simple approved device for opening them may be provided! Immediately underneath the glass of said skylights there shall be wire netting, but wire glass 220 CODE OF ORDINANCES OF THE CITY OF NEW YORK. shall nxjt be used in lieu of this requirement. All that por- tion of the stage not comprised in the working- of scenery, traps and other mechanical apparatus for the presentation of a scene, usually equal to the width of the proscenium opening, shall be built of iron or steel beams filled in between with fireproof material, and all girders for the support of said beams shall be of wrought iron or rolled steel. The fly galleries entire, including pin-rails, shall be constructed of iron or steel, and the floors of said galleries shall be com- posed of iron or steel beams, filled with fireproof materials, and no wood boards or sleepers shall be used as covering over b^ams, but the said floors shall be entirely fireproof. The rigging loft shall be fireproof. All stage scenery, cur- tains and decorations made of combustible material, and all woodwork on or about the stage, shall be painted or saturated with some non-combustible material or otherwise rendered safe against fire, and the finishing coats of paint applied to all woodwork through the entire building shall be of such kind as will resist fire to the satisfaction of the Department of Buildings. The roof over the auditorium and the entire main floor of the auditorium and vestibule, also the entire floor of the second story of the front super- structure over the entrance, lobby and corridors, and all galleries and support for the same in the auditorium shall be constructed of iron and st^el and fireproof materials,, not excluding the use of wood floorboards and necessary sleepers to fasten the same to, but such sleepers shall not mean timbers of support, and the space between the sleepers, excepting a portion under the stepping in the galleries, which shall be properly fire stopped, shall be solidly filled with incombustible material up to under sid£ of the fioor boards. The fronts of each gallery shall be formed of fireproof materials, except the capping, which may be made of wood. The ceiling under each gallery shall be entirely formed of fireproof materials. The ceiling by the auditorium shall be formed of fireproof materials. All lathing, whenever used, shall be of wire or other metal. The partitions in that portion of the building which contains the auditorium, the entrance and vestibule and every room and passage devoted to the use of the audience shall be constructed of fireproof materials, including the furring of outside or other walls. None of the walls or ceilings shall be covered with wood sheathing, canvas or any combustible material. But this shall not exclude the use of wood wainscoting to a height not to exceed six feet, which shall be filled in solid between the wainscoting and the wall with fireproof materials. The walls separating the actor's dressing rooms from the stage and the partitions dividing the dressing rooms, together with the partitions of every passageway from the same to the stEige, and all other partitions on or about the stage, shall be constructed of fireproof material approved by the Department of Buildings. All doors in any of said partitions CODE OF ORDINANCES OF THE CITY OF NEW YORK. 221 shall be fireproof. All shelving- and cupboards in each and every dressing* room, property room or other storage rooms shall be constructed of metal, slate or some fireproof material. Dressing" rooms may be placed in the fiy g-alleries, provided that proper exits are secured therefrom to the fire escapes in the open courts, and that the partitions and other matters pertaining- to dressing- rooms shall conform to the require- ments herein contained, but the stairs leading to the same shall be fireproof. All dressing rooms shall have an inde- pendent exit leading directly into a court or street, and shall be ventilated by v/indows in the external walls; and no dressing room shall be belovv^ the street level. All win- dows shall be arranged to open, and none of the windows in outside walls shall have fixed sashes, iron grills or bars. All seats in the auditorium, excepting those contained in boxes, shall be not less than thirty-two inches from back to back, measured in a horizontal direction, and firmly secured to the floor. No seat in the auditorium shall have more than six seats intervening between it and an aisle on either side. No stool or seat shall be placed in any aisle. All platforms in galleries formed to receive the seats shall not be more than twenty-one inches in height of riser, nor less than thirty-two inches in width of platform. All aisles on the respective floors of the auditorium shall be not less than three feet wide where they begin, and shall be increased in \^^dth toward the exits in a ratio of one and one-half inches to five running feet. The foyers, lobbies, corridors, passages and rooms for the use of the audience, not including aisles spaced beween seats, shall on the first or main floor, where the seating capacity exceeds five hundred or more, be at least sixteen feet clear, back of the last row of seats, and on each balcony or gallery at least twelve feet clear of the last row of seats. Gradients or inclined planes shall be employed instead of steps where possible to overcome slight difference of level in or between aisles, corridors and passages. Every theatre accommodating three hundred persons shall have at least two exits; v\rhen accomnaodating five hundred persons, at least three exits shall be pro\nded; these exits nOt re- ferring to or including the exits to the open court at the side of the theatre. Doorways of exit or entrance for the use of the public shall be not less than five feet in width, and for every additional one hundred persons or portions thereof to be accommodated, in excess of five hundred, an aggregate of twenty inches additional exit width must be allowed. All doors of exit or entrance shall open outwardly and be hung to swing in such a, manner as not to become an obstruction in a passage or corridor, and no such doors shall be closed and locked during any representation, or when the building is open to the public. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place of exit and entrance may serve for the main fioor of the auditorium and 222 CODE OF ORDINANCES OF THE CITY OF NEW YORK. tlue first gallery, provided its capacity be equal to the aggre- gate capacity of the outlets froni the main floor and the said gallery. No passage leading to any stairway communicating with any entrance or exit shall be less than four feet in w^idth in any part thereof. All stairs within the building shall be constructed of fireproof material throughout. Stairs from balconies and galleries shall not communicate with the basement or cellar. All stairs shall have treads of uniform width and risers of uniform height throughout in each fiight. Stairways serving for the exit of fifty people shall be at least four feet wide between railings or between walls, and for every additional fifty people to be accom- modated six inches must be added to their width. The width of all stairs shall be measured in the clear between hand rails. In no case shall the risers of any stairs exceed seven and one-half inches in height, nor shall the treads, exclusive of nosings, be less than ten and one-half inches wide in straight stairs. No circular or winding stairs for the use of the public shall be permitted. WTi^re the seating capacity is for more than one thousand people, there shall be at least two inde- pendent staircases, with direct exterior outlets, provided for each gallery in the auditorium, where there are not more than two galleries, and the same shall be located on opposite sides of said galleries. Where there are more than two gal- leries one or more additional staircases shall be provided, the outlets from which shall communicate directly with the principal exit or other exterior outlets. All said staircases shall be of width proportionate to the seating capacity as elsewhere herein prescribed. Where the seating capacity is for 1,000 people, or less, two direct lines of staircases only shall be required, located on opposite sides of the galleries, and in both case shall extend from the sidewalk level to the upper gallery, with outlets from each gallery to each of said staircases. At least two independent staircases, with direct exterior outlets, shall also be provided for the service of the stage and shall be located on the opposite sides of the same. All inside st-airways leading to the upper galleries of the audi- torium shall be inclosed on both sides with walls of fireproof materials. Stairs leading to the first or lower gallery inay be left open on one side, in which case they shall be constructed as herein provided for similar stairs leading from the en- trance hall to the main floor of the auditorium. But in no case shall stairs leading to any gallery be left open on both sides. When straight stairs return directly on themselves, a landing of the full width of both flights, without any steps, shall be provided. The outer line of landings shall be curved to a radius of not less than two feet to avoid square angles. Stairs turning at an angle shall have a proper landing with- out winders introduced at said turn. In stairs, when two side flights connect with one main flight, no winders shall be introduced, and the width of the main flight shall be at least equal to the aggregate width of the side flights. All stairs CODE OF ORDINANCES OF THE CITY OF NEW YORK. 223 shall have proper landings introduced at convenient dis- tances. All inclosed staircases shall have, on both sides, strong hand rails firmly secured to the w^all about three inches distant therefrom and about three feet above the stairs, but said hand rails sliall not run on level platforms and landings where the same is more in length than the width of the stairs. All staircases eight feet and over in width shall be provided with a centre hand rail of metal, not less than two inches in diameter, placed at a height of about three feet above the centre of the treads, and sup- ported on wrought metal or brass standards of sufficient strength, placed not nearer than four feet nor more than six feet apart, and securely bolted to the treads or risers of stairs, or both, and at the head of each flight of stairs, on each landing, the post or standard shall be at least six feet in height, to which the rail shall be secured. Every steam boiler which may be required for heating or other purposes shall be located outside of the building, and the space allotted to the same shall be inclosed by walls of masonry on all sides, and the ceiling of such space shall be constructed of fire- proof materials. All doorways in said walls shall have fireproof doors. No floor register for heating shall be per- mitted. No coil or radiator shall be placed in any aisle or passage way used as an exit, but all said coils and radiators shall be placed in recesses formed in the wall or partition to receive the same. All supply, return or exhaust pipes shall be properly incased and protected where passing through floors or near woodwork. Stand pipes four inches in diam.eter shall be provided with hose attachments on every floor and gallery as follows, namely: One on each side of the auditorium in each tier, also on each side of the stage in each tier, and at least one in the property room and one in the carpenter's shop, if the same be contiguous to the building. All such stand pipes shall be kept clear from obstruction. Said stand pipes shall be separate and distinct, receiving their supply of water direct from the power pump or pumps, and shall be fitted with the regulation couplings of the Fire Department, and shall be kept constantly filled with water by means of an automatic power pump or pumps, of sufficient capacity to supply all the lines of hose when operated simultaneously, and said pump or pumps shall be supplied from the street main and be ready for immediate use at all times during the performance in said building. In addition to the requirements contained in this section, the stand pipes shall also conform to the requirements con- tained in section 102 of this Code, A separate and distinct system of automatic sprinklers, with fusible plugs, approved by the Department of Buildings, supplied with water from a tank located on the roof over the stage and not connected in any manner with the stand pipes, shall be placed at each side of the proscenium opening and on the ceiling or roof over the stage at such intervals as will protect every square 224 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. foot of stage surface when said sprinkLers are in operation. Automatic sprinklers shall also be placed, wherever prac- ticable, in the dressing rooms under the stage and in the carpenter shop, paint rooms, store rooms and property room. A proper and sufficient quantity of two and one-half inch hose, not less than one hundred feet in length, fitted with the regulation couplings of the Fire Department and with nozzles attached thereto, and with hose spanners at each outlet, shall always be kept attached to each hose attachment as the Fire Commissioner may direct. There shall also be kept in readiness for immediate use on the stage, at least four casks full of water, and two buckets to each cask. Said casks and buckets shall be painted red. There shall also be provided hand pumps or other portable fire extinguishing apparatus and at least four axes and two twenty-five-foot hooks, two fifteen-foot hooks, and two ten-foot hooks on each tier or floor of the stage. Every portion of the building devoted to the uses or accommodation of the public, also all outlets leading to the streets and including the open courts or corridors, shall be well and properly lighted during every performance, and the same shall remain lighted until the entire audience has left the premises. All gas or electric lights in the halls, corridors, lobby or any other part of said buildings used by the audience, except the auditorium, must be controlled by a separate shut-off, located in the lobby and controlled only in that particular place. Gas mains supplying the building shall have independent connections for the auditorium and the stage, and provision shall be made for shutting off the gas from the outside of the building. When interior gas lights .are not lighted by electricity other suit- able appliances, to be approved by the Department of Buildings shall be provided. All suspended or bracket lights surrounded by glass in th£ auditorium, or in any part of the building devoted to the public, shall be provided with proper wire netting underneath. No gas or electric light shall be inserted in the walls, woodwork, ceilings, or in any part of the building, unless protected by fireproof materials. All lights in passages and corridors in said buildings, and wherever deemed necessary by the Department of Buildings, shall be protected vdth proper wire network. Tha foot lights, in addition to the Avire network, shall be protected with a strong wire g^iard and chain, placed not less than two feet distant from said foot lights, and the trough containing said foot lights, shall be formed of and surrounded by fireproof materials. All border lights shall be constructed according to the best known methods, and subject to the approval of the Department of Buildings, and shall be suspended for ten feet by wire rope. All ducts or shafts used for conducting heated air from the main chandelier, or from any other light or lights, shall be constructed of metal and made double, with an air space between. All stage lights shall have strong- metal Mire g-uards or screens, not less than ten. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 225 inches in diameter, so constructed that any material in con- tact therewith shall be out of reach of the flames of said stage lights, and must be soldered to the fixture in all cases. The stand pipes, gas pipes, electric wires, hose, foot lights and all apparatus for the extinguishing of fire or guarding against the same, as in this section specified, shall be in charge and under control of the Fire Department, and the commissioner of said department is hereby directed to see that the arrangements in respect thereto are carried out and enforced. A diagram or plan of each tier, gallery or floor, showing distinctly the exits therefrom, each occupying a space not less than fifteen square inches, shall be printed in black lines in a legible manner on the programme of the performance. Every exit shall have over the same on the inside the word " Exit " painted in legible letters not less than eight inches high. (Id., sec. 109, as amend, by ord. app. June 3, 1904.) § 109a. The provisions of the foregoing section shall not be construed to mean or made to apply to any theatre, opera house or building intended to be used for theatrical or operatic purposes, now erected or for which plans have heretofore been approved by the Superintendent of Buildings. (Id., sec. 2.) Part 22.— Iron and Steel Construction, § 110. Skeleton Construction. — Where columns are used to support iron or steel girders carrying inclosure walls, the said columns shall be of cast iron, wrought iron, or rolled steel, and on their exposed outer and inner surfaces be con- structed to resist fire by having a casing of brickwork not less than eight inches in thickness on the outer surfaces, nor less than four inches in thickness on the inner surfaces, and all bonded into the brickwork of the inclosure walls. The exposed sides of the iron or steel girders shall be simi- larly covered in with brickwork not less than four inches in thickness on the outer surfaces and tied and bonded, but the extreme outer edge of the flanges of beams, or plates or angles connected to the beams, may project to within two inches of the outside surface of the brick casing. The inside surfaces of girders may be similarly covered wdth brickwork, or if projecting inside of the wall, they shall be protected by terra-cotta, concrete or other fireproof material. Girders for the support of the inclosure walls shall be placed at the floor line of each story. (Id., sec. 110, rev. from L. 1882, ch. 410, § 485.) § 111. Steel and Wrought Iron Columns. — No part of a steel or wrought iron column shall be less than one-quarter of an inch thick. No wrought iron or rolled steel column shall have an unsupported length of more than forty times its least lateral dimension or diameter, except as modified by section 138 of this Code, and also except in such cases p,s the Commissioners of Bnildings may specially allow ^ J5 226 CODE OP ORDINANCES OF THE CITY OF NEW YORK. greater unsupported length. The ends of all columns shall be faced to a plane surface at right angles to the axis of the columns and the connection between them shall be made with splice plates. The joint may be effected by rivets of sufficient size and number to transmit the entire stress, and then the splice plates shall be equal in sectional area to the area of column spliced. When the section of the columns to be spliced is such that spliced plates cannot be used, a connection formed of plates and angles may be used, designed to properly distribute the stress. No material, whether in the body of the column or used as lattice bar or stay plate, shall be used in any wrought iron or steel column of less thickness than one-thirty-second of its unsupported width, measured between centres of rivets transversely, or one-sixteenth the distance between centres or rivets in the direction of the stress. Stay plates are to have not less than four rivets, and are to be spaced so that the ratio of length by the least radius of gyration of the parts connected does not exceed forty; the distance between nearest rivets of two stay plates shall in this case be con- sidered as length. Steel and wrought iron columns shall be made in one, two or three-story lengths, and the materials shall be rolled in one length wherever practicable to avoid intermediate splices. Where any part of the section of a column projects beyond that of the column below, the dif- ference shall be made up by filling plates secured to column by the proper number of rivets. Shoes of iron or steel, as described for cast-iron columns, or built shoes of plates and shapes may be used, complying with same requirements. (Id., sec. 111.) § 112. Cast-iron Columns. — Cast-iron columns shall not have less diameter than five inches, or less thickness than three-quarters of an inch. Nor shall they have an unsup- ported length of more than twenty times their least lateral dimensions or diameter, except as modified by section 138 of this Code, and except the same may form part of an elevator inclosure or staircase, and also except in such cases as the Commissioner of Buildings having jurisdiction, may specially allow a greater unsupported length. All cast-iron columns shall be of good workmanship and material. The top and bottom flange, seats and lugs shall be of ample strength, reinforced by fillets and brackets; they shall be not less than one inch in thickness when finished. All columns must be faced at the ends to a true surface perpendicular to the axis of the column. Column joints shall be secured by not less than four bolts each, not less than three-quarters of an inch in diameter. The holes for these bolts shall be drilled to a template. The core of a column below a joint shall be not larger'than the core of the column above and the metal shall be tapered down for a distance of not less than six inches, or a joint plate may be inserted of sufficient strength to distribute the load. The thickness of metal shall be »ot CODE OF ORDINANCES OP THE CITY OP NEW YORK. 227 less than one-twelfth the diameter or the greatest lateral dimension of cross section, but never less than three-quar- ters of an inch. Wherever the core of a cast-iron column has shifted more than one-fourth the thickness of the shell, the sti-ength shall be computed, assuming- the thickness of metal all around equal to the thinnest part, and the column shall be condemned if this computation show^s the strength to be less than required by this Code. Wherever blowholes or imperfections are found in a cast-iron column which reduces the area of the cross section at that point more than ten per cent., such column shall be condemned. Cast- iron posts or columns not cast with one open side or back, before being set up in place, shall have a three-eighths-inch hole drilled in the shaft of each post or column by the manufacturer or contractor furnishing the same, to exhibit the thickness of the castings, and any other similar sized hole or holes which the Commissioners of Buildings may require shall be drilled in the said posts or columns by the said manufacturer or contractor at his own expense. Iron or steel shoes or plates shall be used under the bot- tom tier of columns to properly distribute the load on the foundation. Shoes shall be placed on top. (Id., sec. 112.) § 113. Double Columns. — In all buildings hereafter erected or altered, where any iron or steel column or columns are used to support a wall or part thereof, whether the same be an exterior or an interior wall, and columns located below the level of the sidewalk which are used to support exterior walls or arches over vaults, the said column or columns shall be either constructed double — that is, an outer and an inner column, the inner column alone to be of sufficient strength to sustain safely the weight to be imposed thereon, and the outer columns shall be one inch shorter than the inner columns, or such other iron or steel column of sufficient strength and protected w^ith not less than two inches of fireproof material securely applied, except that double or protected columns shall not be required for walls fronting on streets or courts. (Id., sec. 113, rev. from L. 1882, ch. 410, § 485, as amend.) § 114. Party-Wall Posts. — If iron or steel posts are to be used as party posts in front of a party wall, and intended for two buildings, then the said posts shall be not less in width than the thickness of the party wall, nor less in depth than the thickness of the wall to be supported above. Iron or steel posts in front of side, division or party walls shall be filled up solid with masonry and made perfectly tight between the posts and walls. Intermediate posts may be used, which shall be sufficiently strong, and the lintels thereon shall have sufficient bearings to carry the weight above with safety. (Id., sec. 114, rev. from L. 1882, ch. 410, § 485, as amend.) § 115. Plates between Joints of Open Back Columns. — Iron or steel posts or columns, wuth one or more open sides 228 CODE OF OEDiNANCES OF THE CITY OF NEW YORK. and backs, shall have solid iron plates on top of each, excepting- where pierced for the passage of pipes. (Id,, sec. 115, rev. from L. 1882, ch. 410, § 485.) § 116. Steel and Iron Girders. — Eivets in flanges shall be placed so that the last value of a rivet for either shear or bearing is equal or greater than the increment of strain due to the distance between adjoining rivets. All other rules given under riveting shall be followed. The length of rivets between heads shall be limited to four times the diameter. The compression flange of plate girders shall be secured against buckling, if its length exceeds thirty times its width. If splices are used, they shall fully make good the members spliced in either tension or compression. Stiffeners shall be provided over supports and other con- centrated loads; they shall be of sufficient length as a column, to carry the loads, and shall be connected with a sufficident number of rivets to transmit the stresses into the web girders. If the unsupported depth of the web plate exceeds sixty times its thickness, stiffeners shall be used at intervals not exceeding 120 times the thickness of the web. (Id., sec. 116.) § 117. Rolled Steel and Wrought Iron Beams Used as Girders. — When rolled steel or wrought iron beams are used in pairs to form a girder, they shall be connected together by bolts and iron separators at intervals of not more than five feet. All beams twelve inches and over in depth shall have at least two bolts to each separator. (Id., sec. 117.) § 118. Cast-iron Lintels. — Cast-iron lintels shall not be used for spans exceeding sixteen feet. Cast-iron lintels or beams shall be not less than three-quarters of an inch in thickness in any of their parts. (Id., sec. 118, rev. from L. 1882, ch. 410, § 485, as amend.) § 119. Plates under Ends of Lintels and Girders. — When the lintels or girders are supported at the ends by brick walls or piers they shall rest upon cut granite or bluestone blocks at least ten inches thick, or upon cast-iron plates of equal strength by the full size of the bearings. In case the opening is less than twelve feet, the stone blocks may be five inches in thickness, or cast-iron plates of equal strength by the full size of the bearings, may be used, provided that in all cases the safe loads do not exceed those fixed by sec- tion 139 of this Code. (Id., sec. 119, rev. from L. 1882, ch. 410, § 485.) § 120. Rolled Steel and Wrought Iron Floor and Roof Beams. — All rolled steel and wrought iron floor and roof beams used in buildings shall be of full weight, straight and free from injurious defects. Holes for tie rods shall be placed as near the thrust of the arch as practicable. The distance between tie rods in floors shall not exceed eight feet, and shall not exceed eight times the depth of floor beams twelve inches and under. Channels or other shapes, where used as skewbacks, shall have a sufficient resisting CODE OF ORDINANCES OF THE CITY OF NEW YORK. 229 moment to take up the thrust of the arch. Bearing plates of stone or metal shall be used to reduce the pressure on the wall to the working- stress. Beams resting- on girders shall be securely riveted or bolted to the same; where joined on a girder, tie-straps of one-half inch net sectional area *hall be used, with rivets or bolts to correspond. Anchors shall be provided at the ends of all such beams bearing on walls. (Id., sec. 120.) § 121. Templates under Ends of Steel or Iron Floor Beams. — Under the ends of all iron or steel beams where they rest on the walls, a stone or cast-iron template shall be built into the walls. Templates under ends of steel or iron beams shall be of such dimensions as to bring no greater pressure upon the brickwork than that allowed by section 139 of this Code. When rolled iron or steel floor beams, not exceeding six inches in depth, are placed not more than thirty inches on centres, no templates shall be required. (Id., sec. 121, rev. from L. 1882, ch. 410, § 484, as amend.) § 122. Framing and Connecting Structural Work. — All iron or steel trimmer beams, headers, and tail beams, shall be suitably framed and connected together, and the iron or steel girders, columns, beams, trusses and all other iron work of all floors and roofs shall be strapped, bolted, anchored and connected together, and to the walls. All beams framed into and supported by other beams or girders shall be connected thereto by angles or knees of a proper size and thickness, and have sufficient bolts or rivets in both legs of each connecting angle to transmit the entire weight or load coming on the beam to the supporting beam or girder. In no case shall the shearing value of the bolts or rivets or the bearing value of the connection angles, pro- vided for in section 139 of this Code, be exceeded. (Id., sec. 122, rev. from L. 1882, ch. 410, § 484, as amend.) § 123. Riveting of Structural Steel and Wrought Iron Work. — The distance from centre of a rivet hole to the edge of the material shall not be less than: % of an inch for i^-inch rivets. % of an inch for %-inch rivets, iVs of an inch for %-inch rivets. 1% of an inch for %-inch rivets. 1^ of an inch for 1-inch rivets. Wherever possible, however, the distance shall be equal to two diameters. All rivets, wherever practicable, shall be machine driven. The rivets in connections shall be propor- tioned and placed to suit the stresses. The pitch of rivets shall never be less than three diameters of the rivet, nor more than six inches. In the direction of the stress it shall not exceed sixteen times the least thickness of the outside member. At right angles to the stress it shall not exceed thirty-two timjes the least thickness of the out- 230 CODE OF OBDINANCES OF THE CITY OF NEW YOBK. side member. All holes shall be punched accurately, so that upon assembling a cold rivet will enter th£ hole without straining" the material by drifting. Occasional slight errors shall be corrected by reaming. The rivets shall fill the holes completely; the heads shall be hemispherical and concentric with the axis of the rivet. Gussets shall be provided wherever required, of sufficient thickness and size to accom- modate the number of rivets necessary to make a connection. (Id., sec. 123.) § 124. Bolting of Structural Steel and Wrought Iron Work. — Where riveting is not made mandatory connections may be effected by bolts. These bolts shall be of wrought iron or mild steel, and they shall have United States standard threads. The threads shall be full and clean, the nut shall be truly concentric with the bolt, and the thread shall be of sufficient lengtli to allow the nut to be screwed up tightly. When bolts go through bevel flanges, bevel washers to match shall be used so that head and nut of bolt are parallel. When bolts are used for suspenders, the working stresses shall be reduced for wrought iron to 10,000 pounds and for steel to 14,000 pounds per square inch of net area, and the load shall be transmitted into the head or nut by strong washers distributing the pressure evenly over the entire surface of the same. Turned bolts in reamed holes shall be deemed a substitute for field rivets. (Id., Sec. 124.) § 125. Steel and Wrought Iron Trusses. — Trusses shall be of such design that the stresses in each member can be calculated. All trusses shall be held rigidly in position by efficient systems of lateral and sway bracing, struts being spaced so that the maximum limit of length to least radius of gyration, established in section 111 of this Code, is not exceeded. Any member of a truss subjected to transverse stress, in addition to direct tension or compression, shall have the stresses causing such strain added to the direct stresses coming on the member, and the total stresses thus formed shall in no case exceed the working stresses stated in section 139 of this Code. (Id., sec. 125.) § 126. Riveted Steel and Wrought Iron Trusses. — For ten- sioned members, the actual net area only, after deducting rivet holes, one-eighth inch larger than the rivets, shall be considered as resisting the stress. If tension members are made of angle irons riveted through one flange only, only that flange shall be considered in proportioning areas. Rivets to be proportioned as prescribed in section 123 of this Code. If the axes of two adjoining web members do not intersect within the line of the chords, sufficient area shall be added to the chord to take up the bending strains. No bolts shall be used in the connections of riveted trusses, excepting when riveting is impracticable, and then the holes shall be drilled or reamed. (Id., sec. 126.) § 127. Steel and Iron Pin-Connected Trusses. — The bend- ing stresses on pins shall be limited to 20,000 pounds for CODE OF ORDINANCES OF THE CITY OF NEW YORK. 231 steel and and 15,000 pounds for iron. All compression mem- bers in pin-connected trusses shall be proportioned, using seventy-five per cent, of the permissible working- stress for columns. The heads of all eye-bars shall be made by upset- ting or forging. No weld will be allowed in the body of the bar. Steel eye-bars shall be annealed. Bars shall be straight before boring. All pin-holes shall be bored true and at right angles to the axis of the members, and must fit the pin within one-thirty-second of an inch. The dis- tances of pin-holes from centre to centre for corresponding members shall be alike, so that, when piled upon one another, pins will pass through both ends without forcing.' Eyes and screw ends shall be so proportioned that upon test to destruction, fracture will take place in the body of the member. All pins shall be accurately turned. Tin-plates shall be provided wherever necessary to reduce the stresses on pins to the working stresses prescribed in section 139 of this Code. These pin-plates shall be connected to the mem- bers by rivets of sufficient size and number to transmit the stresses without exceeding working stresses. All rivets in members of pin-connected trusses shall be machine driven. All rivets in pin-plates which are necessary to transmit stress shall be also machine-driven. The main connections of members shall be made by pins. Other connections may be made by bolts. If there is a combination of riveted and pin- connected members in one truss, these members shall comply with the requirements for pin-connected trusses; but the riveting shall comply with the requirements of section 126 of this Code. (Id., sec. 127.) § 128. Iron and Other Metal Fronts to be Filled In.— All cast iron or metal fronts shall be backed up or filled in with masonry of the thicknesses provided for in sections 31 and 32. (Id., sec. 128.) § 129. Painting of Structural Metal Work. — All structural metal work shall be cleaned of all scale, dirt and rust, and be thoroughly coated with one coat of paint. Cast-iron columns shall not be painted until after inspection by the Department of Buildings. Where surfaces in riveted work come in contact, they shall be painted before assembling. After erection all work shall be painted at least one addi- tional coat. All iron or steel used under water shall be inclosed with concrete. (Id., sec. 129, rev. from L. 1882, ch. 410, § 487, as amend.) Part 23. — Floor Loads, Temporary Supports. § 130. Floor Loads. — The dead loads in all buildings shall consist of the actual weight of walls, floors, roofs, partitions and all permanent construction. The live or variable loads shall consist of all loads other than dead loads. Every floor shall be of sufficient strength to bear safely the weight to l^e imposed thereon in addition to the weight 232 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. of the materials of which the floor is composed; if to be used as a dwelling house, apartment house, tenement house, hotel or lodging- house, each floor shall be of sufficient strength in all its parts to bear safely upon every super- ficial foot of its surface not less than sixty pounds; if to be used for office purposes not less than seventy-five pounds upon every superficial foot above the first floor, and for the latter floor 150 pounds; if to be used as a school or place of instruction, not less than seventy-five pounds upon every superficial foot; if to be used for stable and carriage house purposes, not less than seventy-five pounds upon every superficial foot; if to be used as a place of public assembly, not less than ninety pounds upon every superficial foot; if to be used for ordinary stores, light manufacturing and light storage, not less than 120 pounds upon every superficial foot; if to be used as a store where heavy materials are kept or stored, warehouse, factory, or for any other manufac- turing or commercial purpose, not less than 150 pounds upon every superficial foot. The strength of factory floors intended to carry running machinery shall be increased above the minimum given in this section in proportion to the degree of vibratory impulse liable to be transmitted to the floor, as may be required by the Commissioner of Buildings having jurisdiction. The roofs of all buildings having a pitch of less than twenty degrees shall be proportioned to bear safely fifty pounds upon every superficial foot of their surface, in addition to the weight of materials composing the same. If the pitch be more than twenty degrees the live load shall be assumed at thirty pounds upon every superficial foot measured on a horizontal plane. For sidewalks between the curb and area lines the live load shall be taken at 300 pounds upon every superficial foot. Every column, post or other vertical sup- port shall be of sufficient strength to bear safely the weight of the portion of each and every floor depending upon it for support, in addition to the weight required as before stated to be supported safely upon said portion of said floors. For the purpose of determining the carrying capacity of columns of dwellings, office buildings, stores, stables and public buildings when over five stories in height, a reduction of the live loads shall be permissible as follows: For the roof and top fioor the full live loads shall be used; for each succeed- ing lower floor it shall be permissible to reduce the live load by five per cent, until fifty per cent, of the live loads fixed by this section is reached, when such reduced loads shall be used for all remaining floors. (Id., sec. 130.) § 131. Load on Floors to be Distributed. — The weight placed on any of the floors of any building shall be safely distributed thereon. The Commissioner of Buildings having jurisdiction may require the owner or occupant of any build- ing, or of any portion thereof, to redistribute the load on ^nj^ floor, or to lig"hteii sucli Joaci where he deepi^ it to t)e CODE OF ORDIKANCES OF THE CITY OF NEW YORK. 233 necessary. (Id., sec. 131, rev. from L. 1882, ch. 410, § 483, as amend.) § 132. Stren^h of Existing Floors to be Calculated. — In all warehouses, storehouses, factories, workshops and stores where heavy materials are kept or stored, or machinery introduced, the weight that each floor will safely sustain upon each superficial foot thereof, or upon each varying part of such floor, shall be estimated by the owner or occupant, or by a competent person employed by the owner or occu- pant. Such estimate shall be reduced to writing, on printed forms furnished by the Department of Buildings, stating that material, size, distance apart and span of beams and girders, posts or columns to support floors, and its correct- ness shall be sworn to by the person making the same, and It shall thereupon be filed in the office of the Department of Buildings. But if the Commissioners of Buildings shall have cause to doubt the correctness of said estimate, they are empowered to revise and correct the same and for the pur- pose of such revision the officers and employees of the Department of Buildings may enter any building and remove so much of any floor or other portion thereof as may be required to make necessary measurements and examination. When the correct estimate of the weight that the floors in any such buildings will safely sustain has been ascer- tained, as herein provided, the Department of Buildings shall approve the same, and thereupon the owner or occupant of said building, or of any portion thereof, shall post a copy of such approved estimate in a conspicuous place on each story, or varying parts of each story, of the buildiHg to which it relates. Before any building hereafter erected is occupied and used, in whole or in part, for any of the pur- poses aforesaid, and before any building, erected prior to the passage of this Code, but not at such time occupied for any of the aforesaid purposes, is occupied or used, in whole or in part, for any of said purposes, the weight that each floor will safely sustain upon each superficial foot thereof, shall be ascertained and posted in a conspicuous place on each story or varying parts of each story of the building to which it relates. No person shall place, or cause or permit to be placed on any floor of any building any greater load than the safe load thereof, as correctly estimated and ascertained as herein provided. Any expense necessarily incurred in removing any floor or other portion of any building for the purpose of making any examination herein provided for shall be paid by the Comptroller of The City of New York, upon the requisition of the Board of Buildings, out of the fund paid over to said board under the provisions of section 158 of this Code. Such expenses shall be a charge against the person or persons by whom or on whose behalf said estimate was made, provided such examination proves the floors of insufficient strength to carry with safety the loads found upon them when such exajnination was made; and shall be 234 CODE OF ORDINANCES OF THE CITY OF NEW YORK. collected in an action to be brought by the Corporation Counsel against said person or persons, and the sum so collected shall be paid over to the said Comptroller to be deposited in said fund in reimbursement of the amount paid as aforesaid. When the architect of record for any building has filed with his application to build the data required to determine the strength of floors, on one of the blank forms provided for that purpose, such examination shall not be required provided that the purposes and uses of the building have not been changed. (Id., sec. 132, rev. from L. 1882, ch. 410, § 483, as amend.) § 133. Strength of Temporary Supports. — Every tempo- rary support placed under any structure, wall, girder or beam, during the erection, finishing, alteration, or repairing of any building or structure or any part thereof, shall be of sufficient strength to safely carry the load to be placed thereon. (Id., sec. 133, rev. from L. 1882, ch. 410, § 483, as amend.) Part 24. — Calculations. Strength of Materials. § 134. Safe Load for Masonry Work. — The safe-bearing load to apply to brickwork shall be taken at eight tons per superficial foot, when lime mortar is used; eleven and one- half tons per superficial foot when lime and cement mortar mixed is used. The safe bearing load to apply to rubble- stone work shall be taken at ten tons per superficial foot when Portland cement is used; when cement other than Portland is used, eight tons per superficial foot; when lime and cement mortar mixed is used, seven tons per superficial foot; and when lime mortar is used, five tons per superficial foot. The safe-bearing load to apply to concrete when Portland cement is used shall be taken at fifteen tons per superficial foot; and when cement other than Portland is used, eight tons per superficial foot. (Id., sec. 134, rev. from L. 1882, ch. 410, § 483, as amend.) See Pitcher vs. Lennon, 12 App. Div. 356; Burke vs. Ireland, 26 App. Div. 487. § 135. Weights of Certain Materials. — In computing the weight of walls, a cubic foot of brickwork shall be deemed to weigh 115 pounds. Sandstone, white marble, granite and other kinds of building stone shall be deemed to weigh 170 pounds per cubic foot. (Id., sec. 135, rev. from L. 1882, ch. 410, § 483, as amend.) § 136. Computations for Strength of Materials. — The dimensions of each piece or combination of materials re- quired shall be ascertained by computation, according to the rules prescribed by this Code. (Id., sec. 136.) § 137. Factors of Safety.— Where the unit stress for any material is not prescribed in this Code the relation of allow- able unit stress to ultimate strength shall be as one to four for metals, subjected to tension or transverse stress; as one to sis for timber, and as one to ten iov xuitural or artificial CODE OF ORDINANCES OF THE CITY OF NEW YORK. 235 stones and brick or stone masonry. But wherever working- stresses are prescribed in this Code, varying the factors of safety hereinbefore given, the said working stresses shall be used. (Id., sec. 137.) § 138. Strength of Columns. — In columns or compression members with flat ends of cast iron, steel, wrought iron or wood, the stress per square inch shall not exceed that given in the following tables: When the Length Divided by Least Radius of Gyration Equals. Working Stress Per Square Inch of Section. Cast Iron. 120. 110. 100. 90. 80. 70. 60. 50. 40. 30. 20. 10. 9,200 9,500 9,800 10,100 10,400 10,700 11,000 Steel. 8,240 8,820 9,400 9,980 10,560 11,140 11,720 12,300 12,880 13,460 14,040 14,620 Wrought Iron. 4,400 5,200 6,000 6,800 7,600 8,400 9,200 10,000 10,800 11,600 12,400 13,200 And in like proportion for intermediate ratios. When the length Divided by the Least Diameter Equals Working Stresses Per Square Inch of Section. Long Leaf White Pine, Yellow Norway Pine, 30. 25. 20. 15. 12. 10. Pine. 460 550 640 730 784 820 Spruce. 350 425 500 575 620 650 Oak. 390 475 500 645 696 730 And in like proportion for intermediate ratios. Five- eighths the values given for white pine shall also apply to chestnut and hemlock posts. For locust posts use one and one-half the value given for white pine. Columns and compression members shall not be used having an unsupported length of greater ratios than given in the tables. Any column eccentrically loaded shall have the stresses caused by such eccentricity computed, and the combined stresses resulting from such eccentricity at any part of the column, added to all other stresses at that part, shall in no case exceed the working stresses stated in this Code. The eccentric load of a column shall be considered to be distributed equally over the entire area of that column at the next point below at which the column is securely braced laterally in the direction of the eccentricity. (Id., sec. 138.) 236 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 139. Working" Stresses. — The safe carrying capacity of the various materials of construction (except in the case of columns) shall be determined by the following working stresses in pounds per square inch of sectional area: Compression (Direct). Boiled steel 16,000 Cast steel 16,000 Wrought iron 12,000 Cast iron (in short blocks) 16,000 Steel pins and rivets (bearing-) 20,000 Wrought iron pins and rivets (bearing) 15,000 With Grain. Across Grain. Oak 900 800 Yellow pine 1,000 600 White pine 800 400 Spruce 800 400 Locust 1,200 1,000 Hemlock 500 500 Chestnut 500 1,000 Concrete (Portland) cement, 1; sand, 2; stone, 4, 230 Concrete (Portland) cement, 1; sand, 2; stone, 5, 208 Concrete (Rosendale, or equal), cement, 1; sand, 2; stone, 4 125 Concrete (Kosendale, or equal), cement, 1; sand, 2; stone, 5 Ill Rubble stone^work in Portland cement mortar... 140 Rubble stonework in Rosendale cement mortar, 111 Rubble stonework in lime and cement mortar.. 97 Rubble stonework in lime mortar 70 Brickwork in Portland cement mortar; cement, 1; sand, 3 250 Brickwork in RosendaLe, or equal, cement mortar; cement, 1; sand, 3 208 Brickwork in lime and cement mortar; cement, 1; lime, 1; sand, 6 160 Brickwork in lime mortar; lime, 1; sand, 4.... Ill Granites (according to test) 1,000 to 2,400 Greenwich stone 1,200 Gneiss (New York city) 1,300 Limestones (according to tjest) 700 to 2,300 Marbles (according to test) 600 to 1,200 Sandstones (according to test) 400 to 1,600 Bluestone, North river 2,000 Brick (Haverstraw, flatwise) 300 Slate 1,000 Tension (Direct). Rolled steel 16,000 Cast steel .- 16,000 Wrought iron 12,000 CODE OF ORDINANCES OF THE CITY OF NEW YORK. 237 Cast iron 3,000 Yellow pine 1,200 White pine 800 Spruce 800 Oak 1,000 Hemlock 600 Shear, Steel web plates 9,000 Steel shop rivets and pins 10,000 Steel field rivets 8,000 Steel fiield bolts 7,000 Wrought iron web plates 6,000 Wroug-ht iron shop rivets and pins 7,500 Wrought iron field rivets 6,000 Wrought iron field bolts 5,500 Cast iron 3,000 With Fibre. Across Fibre. Yellow pine 70 500 White pine 40 250 Spruce 50 320 Oak 100 600 Locust 100 720 Hemlock , 40 275 Chestnut . . 150 Safe Extreme Fibre Stress (Bending). Rolled steel beams 16,000 Rolled steel pins, rivets and bolts 20,000 Riveted steel beams (net flange section) 14,000 Rolled wrought iron beams 12,000 Rolled wrought iron pins, rivets and bolts 15,000 Riveted wrought iron beams (net flange section) 12,000 Cast iron, compression side 16,000 Cast iron, tension side 3,000 Yellow pine 1,200 White pine 800 Spruce 800 Oak 1,000 Locust 1,200 Hemlock 600 Chestnut 800 Granite 180 Greenwich stone 150 Gneiss (New York City) 150 Limestone 150 Slate 400 Marble 120 Sandstone 100 Bluestone, North river 300 Concrete (Portland) cement, 1 ; sand, 2; stone, 4. 30 238 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. Concrete (Portland) cement, 1 ; sand, 2; stone, 5. 20 Concrete (Kosendale, or equal) cement, 1; sand, 2; stone, 4 16 Concrete (K-osendale, or equal) cement, 1; sand, 2; stone, 5 10 Brick, common 50 Brickwork (in cement) 30 (Id., sec. 39.) § 140. Wind Pressure. — All structures exposed to wind shall be designed to resist a horizontal wind pressure of thirty pounds for every square foot of surface thus exposed, from the g-round to the top of same, including roof, in any direction. In no case shall the overturning moment due to wind pressure exceed seventy-five per centum of the moment of stability of the structure. In all structures exposed to wind, if the resisting moments of the ordinary materials of construction, such as masonry, partitions, floors and con- nections are not sufficient to resist the moment of distor- tion due to wind pressure, taken in any direction on any part of the structure, additional bracing shall be introduced sufficient to make up the difference in the moments. In calculations for wind bracing, the working stresses set forth in this Code may be increased by fifty per centum. In build- ings under 100 feet in height, provided the height does not exceed four times the average vsddth of the base, the wind pressure may be disregarded. (Id., sec. 140.) Part 25. — Plumbing and Drainage. § 141. Plumbing, Drainage and Eepairs Thereto. 1. The drainage and plumbing of all buildings, both public and private, shall be executed in accordance with the rules and regulations of the Department of Buildings. Said rules and regulations and any change thereof shall be published in the City Record on eight successive Mondays before the same shall become operative. Repairs or alterations of such plumbing or drainage may be made without the filing and approval of drawings and descriptions in the Department of Buildings, but such repairs or alterations shall not be construed to include cases where new vertical or horizontal lines of soil, waste, vent or leader pipes are proposed to be used. Notice of such repairs or alterations shall be given to the said department before the same are commenced in such cases as shall be prescribed by the rules and regulations of the said department, and the work shall be done in accord- ance with the said rules and regulations. 2. Once in each year, every employing or master plumber carrying on his trade, business or calling in The City of New York, shall register his name and address at the office of the Department of Buildings in said city under such rules CODE OP ORDINANCES OP THE CITY OF NEW YOSK. 239 and reg-ulations as said department shall prescribe and as hereinafter provided. And thereupon he shall be entitled to receive a certificate of such reg-istration from said department; provided, how- ever, that such employing or master phimber shall, at the time of applying for such registration, hold a certificate of competency from the Examining Board of Plumbers of said city. The time for making such registration shall be during the month of March in each year. Where, however, a person obtains a certificate of competency at a time other than in the month of March in any year, hje may register vdthin thirty days after obtaining such certificate of competency, but he must also register in the month of March in each year as herein provided. Such registration may be cancelled by the Department of Buildings for a violation of the rules and regulations for the plumbing and drainage of said Department of Buildings, duly adopted and in force pursuant to the provisions of this section or whenever the person so registered ceases to be a master or employing plumber, after a hearing had before said department, and upon a prior notice of not less than ten days, stating the grounds of complaint and served upon the person charged with the violation of the aforesaid rules and regulations. 3. After this Code takes effect, no person, corporation or copartnership shall engage in, or carry on the trade, busi- ness or calling of employing or master plumber in The City of New York, unless the name and address of such person and the president, secretary or treasurer of such corporation and each and every member of such copartnership shall have been registered as above provided. 4. No person or persons shall expose the sign of *' Plumber " or " Plumbing " or a sign containing words of similar import and meaning in The City of New York unless each person forming such a copartnership shall have ob- tained a certificate of competency from the Examining Board of Plumbers, and shall have registered as hjerein provided. A master or employing plumber wdthin the meaning of this Code is any person who hires or employs a person or persons to do plumbing work. 5. The Inspectors of Plumbing in the Department of Buildings in addition to their other duties shall ascertain whether the employing or master plumber having charge of the construction, repairing or alteration of any plumbing work performed in The City of New York is registered as herein provided, and if such person is not so registered, then such Inspectors shall forthwith report to said depart- ment the name of said plumber. 6. The Commissioner of Buildings having jurisdiction may present a petition to a justice vf the Supreme Court or to 240 CODE OF ORDINANCES OF THE CITY OF NEW YORK. a special term thereof for an order restraining* the person so reported from acting as an employing or master plumber until he registers pursuant to the provisions of this Ck)de, Said petition shall state that the said person is engaged in plumbing work as an employing or master plumber without having so registered, and shall be verified by the inspector making the said report. Upon the presentation x)i the petition, the court shall grant an order requiring such plumber to appear before a special term of the Supreme Court on a date therein speci- fijed, not le-ss than two nor more than six days after the granting thereof, to show cause why he should not be permanently enjoined until he has obtained a certificate of registration as herein required. A copy of such petition and order shall be served upou such person not less than twenty-four hours before the return thereof. On the day specified in such order the court before whom the same is returnable shall hear tlue proofs of the parties, and may, if deemed necessary, take testimony in relation to the allegations of the petition. If the court is satisfied that such plumber is practicing without having registered, as provided by this Code, an order shall be granted enjoining him from acting as an employing or master plumber until he has so registered. . No undertaking shall be required as a condition to the granting or issuing of such injunction order or by reason thiereof. If, after the entry of such order in a County Clerk's office In The City of New York, such person shall, in violation of such order, practice as an employing or master plumber, he shall be deemed guilty of a criminal contempt of court, and be punishable as for a criminal contempt in the mianner provided by the Code of Civil Procedure. In no case shall the Department of Buildings be liable for costs in any such proceeding, but costs may be allowed against the defendant or defendants, in the discretion of the court. (Id., sec. 141, rev. from L. 1882, ch. 410, § 501, as amend., and L. 1892, ch. 275, § 37.) Part 26. — Buildings Raised, Lower ed^ Altered or Moved. § 142. Buildings Raised, Lowered, Altered or Moved. — Within the fire limits it shall not be lawful for the owner or owners of any brick dwelling house with eight-inch walls, or of any wood building already erected that has a peaked roof, to raise the same for the purpose of making a flat roof thereon, unless the same be raised with the same kind of material as the building, and unless such new roof be covered with fireproof material, and provided that such building, when so raised, shall not exceed forty feet in height to the highest part thereof. All such buildings must exceed twenty-five feet in height to the peak of the main roof before the said alteration and raising*, In increasing CODE OF ORDINANCES OF THE CITY OF NEW YORK. 241 the hjeight of any such building, the entire area which such building covers may be raised to a uniform height. If any such building has an extension of less width than the main building, the same may be increased in width to the full width of the main building, with the same kind of material and to the same height as the main building. Any such building may be extended either on the front or rear to a depth of not more than fifteen feet and not more than the width of the building, and not more than two stories and basement in height, with the same kind of material as the building. Any frame building situated in a row of frame buildings may be increased in height to conform to the height of adjoining buildings. If any block situated within the fire limits has ninetj' per cent, of the buildings located thereon constructed of frame, any vacant lot situated therein may have a frame building placed thereon provided the same be not more than two stories and basenuent in height and is to be used for residence purposes only. If any building shall have been built before the street upon which it is located is graded, or if the grade is altered, such building m.ay be raised or lowered to meet the requirements of such grade. The restrictions contained in this section shall not prohibit one-story and basement frame dwelling houses from being increased one additional story in height. Within the fire limits no frame building more than two stories in height, now used as a dwelling, shall hereafter be raised or altered to be used as a factory, warehouse or stable. No wood building within or without the fire limits shall be moved from one lot to another until a statement setting forth the purposes of said removal and the uses to which said building is to be applied is filed in the Department of Buildings, and a permit be first obtained therefor. No wood building shall be moved from without to vdthin the fire limits. Within the fire limits no brick building shall be enlarged or built upon unless the exterior walls of said addition or enlargement be constructed of incombustible materials; pro- vided, however, that such brick building may be raised, lowered or altered under the same circumstances and in the manner provided for in this section. (Id., sec. 142, rev. from L. 1882, ch. 410, § 496, as amend.) Part 27. — Fire Limits. § 143. Fire Limits. — No frame or wood structure shall be built hereafter in The City of New York within the following limits: In the Borough of Manhattan — Within the Following Described Lines. Beginning at a point on the North river at the Battery and running thence northerly along the pier headline to a point 100 feet north of the northerly side of One Hundred 16 242 CODE OF ORDINANCES OF THE CITY OF NEW YORK. and Sixty-fifth street, and running thence easterly 100 feet north of the northerly side of One Hundred and Sixty-fifth street to a point 100 feet west of the westerly side of Broadway; thence northerly on a line drawn always 100 feet west of the westerly side of Broadway to the bulkhead line of the Harlem river; thence southerly along- the bulk- head line of the Harlem river to the Bronx Kills; thence easterly along the bulkhead line of the Bronx Kills to the East river; thence southerly along the East river, passing to the east of Blackwell's Island; and thence continuing by the pierhead line of the East river to the place of beginning. [Note. — By mistake the following subheading was omitted from the ordinance as approved: " In the Borough of The Bronx — Within the Following Described Lines.'"'] . Beginning at a point on the eastern bulkhead line of the Harlem river 100 feet south of East One Hundred and Sixty- first street, running thence easterly and parallel with East One Hundred and Sixty-first street to the east side of Sheri- dan avenue and 100 feet therefrom; thence north on the east side of Sheridan avenue to a point 100 feet north of the north line of East One Hundred and Sixty-first street; thence easterly and parallel to East One Hundred and Sixty- first street and 100 feet therefrom to a point 100 feet west of Park avenue; thence northeasterly and parallel to Park avenue and 100 feet therefrom to a point distant 100 feet west of Webster avenue; thence northerly and parallel to Webster avenue and 100 feet therefrom to a point 100 feet northerly of East One Hundred and Seventy-seventh street; thence easterly and parallel to East One Hundred and Sev- enty-seventh street and 100 feet therefrom to Third avenue; thence southerly along the westerly boundary of Crotona Park, and thence easterly along the southerly boundary line of Crotona Park to a point distant 100 feet east of Prospect avenue; thence along Prospect avenue and 100 feet east therefrom to Westchester avenue; thence along Westchester avenue and 100 feet east therefrom to a point 100 feet east of the easterly line of Robbins avenue; thence southerly and parallel to Bobbins avenue 100 feet east therefrom to the Port Morris Branch Eailroad to the East river; thence Port Morris Branch Eailroad to the East river; thence southeasterly along the East river, northwesterly along the Bronx Kills and northerly along the Harlem river to the point of beginning. In the Borough of Brooklyn — Within the Following Described Lines. Beginning at a point formed by the intersection of Sixtieth street and New York Bay; thence running easterly on a line drawn 100 feet south of and parallel with the southerly line CODE OF ORDINANCES OF THE CITY OF NEW YORK. 243 of Sixtieth street to Sixth avenue; thence running northerly on a line drawn 100 feet east of and paralled with the east- erly side of Sixth avenue to Thirty-sixth street; thjence run- ning- westerly through the centre line of Thirty-sixth street to Fifth avenue; thence running northerly through the centre line of Fifth avenue to Twenty-fourth street; thence running easterly through the centre line of Twenty-fourth street to Sixth avenue; thence running northerly through the centre line of Sixth avenue to Twenty-third street ; ' thence running easterly through the centre line of Twenty- third street to Seventh avenue; thence running northerly through the centre line of Seventh avenue to Twentieth street; thence running easterly through the centre line of Twentieth street to Ninth avenue, or Prospect Park West; thence running northerly through the centre line of Ninth avenue, or Prospect Park West, to Prospect avenue; thence running easterly through the centre line of Prospect avenue to Eleventh avenue; thence running northerly through the centre line of Eleventh avenue to Fifteenth street; thence running westerly through the centre line of Fifteenth street to Ninth avenue, or Prospect Park West; thence northerly through the centre line of Ninth avenue, or Prospect Park West, to Flatbush avenue; thence southerly along the centre line of Flatbush avenue to Ocean avenue; thence southerly on a line drawn 100 feet west of and parallel with the west side of Flatbush avenue to Avenue E; thence easterly through the centre line of Avenue E to Flatbush avenue; thence northwesterly on a line drawn 100 feet east of and parallel with the easterly side of Flatbush avenue to Franklin avenue; thence northerly on a line drawn 100 feet east of and parallel with the easterly side of Franklin avenue to Crown street; thence easterly on a line drawn 100 feet south of and parallel with the southerly side of Crovni street to East New York avenue; thence easterly on a line drawn 100 feet south of and parallel with the southerly side of East New York avenue to Gillen place; thence northerly on a line drawn 100 feet east of and parallel with the easterly side of Gillen place to Broadway; thence northerly on a line drawn 100 feet east of and parallel with the east side of Broadway to Pilling street; thence easterly through the centre line of Pilling street to Central avenue; thence northwesterly on a line drawn 100 feet east of and parallel with the easterly side of Central avenue to Flushing avenue; thence westerly from a line drawn 100 feet north of and parallel with the northerly side of Flushing avenue to Bushwick avenue; thence northerly on a line drawn 100 feet east of and parallel with the easterly side of Bushwick avenue to Metropolitan avenue; thence westerly on a line drawn 100 feet north of and parallel with the northerly side of Metropolitan avenue to Graham avenue; thence northerly on a line drawn 100 feet east of and parallel vnih the easterly side of Graham avenue to Skillman avenue; thence 244 CODE OF ORDINANCES OF THE CITY OF NEW YORK. westerly on a line drawn 100 feet north of and parallel with the northerly side of Skillman avenue to Union avenue; thence northerly on a line drawn 100 feet east of and parallel with the easterly side of Union avenue to North Ninth street; thence northwesterly on a line drawn 100 feet north- east of and parallel with the northeasterly side of North Ninth street to Bedford avenue; thence easterly on a line dravsoi 100 feet south of and parallel with the southerly side of Bedford avenue to North Eleventh street; thence north- westerly on a line drawn 100 feet northeast of and parallel with the northeasterly side of North Eleventh street to the East river; thence to Van Brunt street; thence northeasterly on a line drawn 100 feet east of and parallel with the easterly side of Van Brunt street to King street; thence southeast- erly on a line drawn 100 feet south of and parallel with the southerly side of King street to Columbia street; thence northeasterly on a line drawn 100 feet east of and parallel with the easterly side of Columbia street to Luquer street; thence easterly on a line drawn 100 feet south of and parallel with the southerly side of Luquer street to Hamilton avenue; thence southerly on a line drawn 100 feet west of and parallel with the west side of Hamilton avenue to Court street; thence southwesterly on a line drawn 100 feet east of and parallel with the easterly side of Court street to Gowanus Bay and New York Bay to the point or place of beginning. Also beginning at a point formed by the intersection of East river and Noble street; thence running easterly on a line drawn 100 feet south of and parallel with the southerly side of Noble street to Lorimer street; thence southerly on a line drawn 100 feet west of and parallel with the westerly side of Lorimer street to Nassau avenue; thence easterly on a line drawn 100 feet south of and parallel with the southerly side of Nassau avenue to Oakland street; thence northerly on a line drawai 100 feet east of and parallel with the easterly side of Oakland street to Newtown creek, to the East river, to the point or place of beginning. In that part of the Twenty-ninth Ward bounded by Coney Island avenue on the west, by New York avenue on the east and by the lines of said ward on the north and south, no row of two or more attached frame stores, dwellings or buildings shall be permitted to be erected; and no frame house or building shall be erected on any lot or building plot covering more than eighty per cent, in width of any such lot or building plot. Resolved, That the Department of Buildings be and it hereby is requested to extend the fire limits in the Eighth Ward, Borough of Brooklyn, to include the territory between the south side of Forty-fifth street and the north side of Sixtieth street, and the easterly side of Sixth avenue and the westerly side of Seventh avenue. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 245 Any frame building- erected hereafter in the territory included within the following boundary, all in the Thirtieth Ward of the 13oroug-h of Brooklyn, namely: Beginning at the Shore road and Bay Ridge avenue, along Bay Ridge avenue, including both sides of said avenue, to Fourteenth avenue; along Fourteenth avenue, including both sides, to Eighty-sixth street; along Eighty-sixth street, including both sides, to Third avenue; along Third avenue, including both sides, to Ninety- second street;, along Ninety-second street, including both sides, to Shore road; along the said Shore road to the point of beginning — shall not occupy more than eighty (80) per cent, in width of the lot on which said building is erected. Jn the Borough of Queens — Within the Following Described Lines. Bounded on the south by Newtown creek, on the north by the southerly line of Nott avenue, on the west by the East river, and on the east by the westerly line of Van Alst avenue. (Id., sec. 143, as amend, by ord. app. Dec. 11, 1900. Amend, by ord. in effect June 26, 1906, infra.) An injunction will not be grranted to a private citizen for a mere violation of an ordinance, unless special injury is alleged. Young vs. Scheu, 56 Hun, 307. Part 2S.— Frame Buildings, § 144. Frame Structures Within the Fire limits. — The provisions, in this section contained, shall apply to build- ings and structures, whether temporary or permanent, within the fire limits, as the said fire limits now are or may hereafter be established. Temporary one-story frame buildings may be erected for the use of builders, within the limits of lots whereon buildings are in course of erection, or on adjoining vacant lots, upon permits issued by the Commissioner of Buildings having jurisdiction. Temporary structures shall be taken to mean and include platforms, stands, election booths, temporary buildings and circus tents. Sheds of wood not over fifteen feet high, open on at least one side, with the sides and roof covered with fireproof material, may also be built, but a fence shall not be used as the back or side thereof. Such sheds shall not cover an area exceeding two thousand five hundred square feet, except by permission of the Board of Buildings. Fences, signs or bill-boards shall not be at any point over ten feet above the adjoining ground; except that when any fence, sign or bill-board shall be constructed entirely of metal or of wood covered on all sides with sheet metal, including the uprights, supports and braces for same, it shall not be at any point over eighteen feet six inches above the adjoining ground. 246 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Any letter, word, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported or attached, wholly or in part, over or above any wall, building or structure, shall be deemed to be a " sky sign." Sky signs shall be constructed entirely of metal, including the uprights, supports and braces for same, and shall not be at any point over nine feet above the front wall or cornice of the building or structure to which they are attached or by which they are supported. All fences, signs, bill-boards and sky signs shall be erected entirely within the building line, and be properly secured, supported and braced, and shall be so constructed as not to be or become dangerous. Before the erection of any fence, sign, bill-board or sky sign shall have been commenced, a permit from the erection of the same shall be obtained from the Superintendent of Buildings having jurisdiction, as provided in part 2, section 4, of this Code. Each application for the erection of any fence, sign, bill-board or sky sign, shall be accompanied by a written consent of the owner or owners, or the lessee or lessees of the property upon which it is to be erected. Piazzas or balconies of wood on buildings other than frame buildings which do not exceed eight feet in width, and which do not extend more than three feet above the second story floor beams, may be erected, provided a permit from the Commissioner of Buildings having jurisdiction, be granted therefor. In connected houses such piazzas or balconies may be built, provided the same are open on the front and have brick ends not less than eight inches thick, carried up above the roof of such piazza or balcony, and coped with stone. The roofs of all piazzas shall be covered with some fireproof materials. Frame buildings already erected may have placed on any story piazzas, balconies or bay windows of wood, the roofs of which may be covered with the same material as the roof of the main building. Exterior privies, and wood or coal houses, not exceeding 150 square feet in superficial area and eight feet high, may be built of wood, but the roofs thereof must be covered with metal, gravel or slate. (Id., sec. 144, as amend, by ord. app. July 14, 1902.) A permit cannot be panted to one citizen to do that which would be penal in another. City of Brooklyn vs. Furey, 9 Misc. 193. A charter provision granting a city power to regulate height of bill- boards, held to be within police power. City of Rochester vs. West, 164 N. Y. 510; Gunning vs. City Buffalo, 75 App. Div. 31. § 145. Frame Buildings Damaged. — Every wood or frame building with a brick or other front within the fire limits, which may hereafter be damaged to an amount not greater than one-half of the value thereof, exclusive of the valua- tion of the foundation thereof, at the time of such damage, may be repaired or rebuilt; but if such damage shall amount CODE OF ORDINANCES OP TlIE CITY OF NEW YORK. 247 to more than one-half of such value thereof, exclusive of the value of the foundation, then such building shall not be repaired or rebuilt, but shall be taken down, except as pro- vided in this Code. In case the owner of the damaged build- ing shall be dissatisfied with the decision of the Commis- sioner of Buildings having jurisdiction that such building is damaged to a greater extent than one-half of its value, exclusive of the value of the foundation, then the amount and extent of such damage shall be determined upon an examination of the building by one Surveyor, who shall be appointed by the Commissioner of Buildings having juris- diction, and one Surveyor who shall be appointed by the owner or owners of said premises. In case these two Sur- veyors do not agree, they shall appoint a third Surveyor to take part in such examination, and a decision of a majority of them reduced to writing and sworn to, shall be conclu- sive, and such building shall in no manner be repaired or rebuilt until after such decision shall have been rendered. (Id., sec. 145, rev. from L. 1882, ch. 410, § 497, as amend.) § 146. Frame Buildings Outside of Fire Limits. — The pro- visions of this section shall apply to frame or other build- ings hereafter erected outside of the fire limits, as the same are now or may hereafter be established, in portions of The City of New York where streets are now and where they may hereafter be legally established. Three-story frame buildings may be erected to a height of forty feet, said height being taken from the curb-line, where same exists, at the centre of front or side of building on which main entrance to upper floors is located. Where the walls of a building do not adjoin the street or building line then the average level of the ground on which the building stands may be taken in place of the curb-line. The measurement for height shall be to the highest point of roof beams in case of flat roof buildings, and to the average height of gable or roof in case of pitched roofs. Towers, turrets and minarets of wood may be erected to a height not to exceed fifteen feet greater than the foregoing limited height, except that the spires of churches may be erected of wood to a height not exceeding ninety feet from the ground. All foot- ings or bottom stones shall be at least six inches wider on each side than bottom width of foundation walls above, except where the outside of the foundation wall sets on the property line, in which case six inches wider on the inside shall be sufficient. The thickness of footings shall be not less than eight inches, if of stone, and not less than twelve inches if of concrete. Foundations for frame structures shall be laid not less than four feet below the finished surface of the earth or upon the surface where there is rock bottom, or upon piles or ranging timbers where found necessary. The founda- tion walls of frame structures exceeding fifteen feet in height, if of stone, shall be not less than eighteen inches 248 CODE OP OBDINANCES 0? THE CITY OF NEW YORK. thick, and if of brick not less than twelve inches to the grade and eight inches thick to the under side of the sill. If the foundation and first story walls are constructed of brick the foundation walls shall be not less than twelve inches thick to the first tier of beams and eight inches thick from first tier to second tier of beams; or if these walls are constructed of stone they shall be not less than twenty inches for the foundation wall and eighteen inches for the first story wall; and if the walls are faced with stone ashlar the total thickness shall be four inches greater than in this section specified. In the foundation walls there may be recesses not more than eight feet long for stairs, with brick walls not less than eight inches thick. All chimneys in frame buildings shall be built of brick or stone or other fire- proof material. If of brick the flues shall have walls at least eight inches thick, except where flues are lined with burnt-clay pipe, in which case the walls around flues may be four inches thick. All flue linings shall extend at least one foot above the roof boards. Where chimneys are built of stone the walls of the flues shall be not less than eight inches on all sides, and shall be lined with burnt-clay pipe. All chimneys shall be topped out at least four feet above the highest point of contact with the roof, and be properly capped. Chimneys in party walls or serving two rooms oh the same floor may be built in the walls or partitions; else- where, they shall be built inside of the frame, except in the case of ornamental or exposed chimneys. In no case shall a frame building be erected within three feet of the side or rear line of a lot, unless the space between the studs on any such side be filled in solidly with not less than two and one-half inches of brickwork or other fireproof material. When two or more such buildings are built continuous, the party or division studding shall be not less than four inches thick and filled in solidly with brickwork or other fireproof material extending to the under side of roof boards. When the division walls are of brick they shall be not less than eight inches thick above the foundation wall and extending to under side of roof boards, and the ends of the fioor beams shall be so separated that four inches of brick will be between the beams where they rest on said walls. The sills of all frame dwellings, except where the first fioor is used for store or business purposes, shall be not less than two feet above the ground to the under side of same. All frame or wood buildings exceeding a height of fifteen feet shall be built with sills, posts, girts, plates and rafters, all of suitable size and properly framed and braced with, suitable studs or planks set at proper distance apart; but this shall not pro- hibit the use of balloon framing. The floor beams and rafters shall be not less than two inches in thickness. The covering of roof may be of shingle. The walls of light, vent and dumb-waiter shafts, whether exterior or interior, in frame buildings, may be constructed of frame. Posts of CODE OF ORDINANCES OF THE CITY OP NEW YORK. 249 locust or other hard wood and wood girders may be used instead of brick fore-and-aft partitions in cellars of frame buildings, and it shall not be necessary to use metal or wire lath for the ceilings of cellars or lowest floors of any frame building. The cellar stairs in frame buildings may be placed directly under main stairs, and no brick wall shall be neces- sary to inclose the same; nor shall areas be required to be built across the front of frame buildings except where the cellar or basement is used for living purposes. The regula- tions governing plumbing, drainage and heating, also steam and hot-air pipes and registers, where the same extend through or along stud partitions, shall also apply to frame buildings. Frame buildings may be altered, extended, raised or repaired, provided the new portions comply with the provisions of this section. No frame building exceeding three stories in height shall hereafter be erected to be occupied by more than six families, nor shall any frame building already erected be altered to be occupied by more than six families, nor more than three stories in height. Outside of the fire limits, when any brick or stone building is to be erected of a class that could, under this Code, be constructed of wood, the Commissioner of Buildings having jurisdiction is hereby authorized and directed to allow rea- sonable modifications of this Code relating to brick build- ings, in consideration of incombustible material being used for walls instead of wood. (Id., sec. 146.) § 147. Frame Buildings; Where Streets Are Not Estab- lished. — Within portions of The City of New York where streets have not been or are not legally established and are outside of the prescribed fire limits, no building or structure other than small outhouses shall be erected without first filing plans and a detailed statement of the proposed con- struction and obtaining an approval therefor, as provided in section 4 of this Code. Within the said portions of The City of New York, hotels, tenement houses for occupancy by not more than six families, and places of public assembly may be built of wood, but shall in all other respects comply with the several provisions of this Code, relating to such struc- tures; but for all other buildings or structures only so much of the requirements, regulations and restrictions of this Code shall apply as in the opinion of the Commissioner of Buildings having jurisdiction may be necessary for safety and health. The purpose of this section is to permit greater freedom in construction and in plumbing and drainage of buildings in the outlying and undeveloped portions of The City of New York than in those portions where a street system has been adopted by the municipality or established by law. (Id., sec. 147.) Part 29. — Appeals and Modifications of Laws. § 148. The Board of Buildings. — Each Commissioner of Buildings shall have power, with the approval of the board, 250 CODE OF OBDINANCES OF THE CITY OF NEW YORK. to vary or modify any rule or regulation of the board, or the provisions of chapter 12 of the Greater New York Char- ter, or of any existing law or ordinance relating to the construction, alteration or removal of any building or struc- ture erected or to be erected within his jurisdiction, pursu- ant to the provisions of section 650 of the Greater New York Charter. (Id., sec. 148.) § 149. Board of Examiners. — The Board of Examiners for the Boroughs of Manhattan and The Bronx shall be constituted as prescribed by section 649 of the Greater New York Charter. Each of said Examiners shall take the usual oath of office before entering upon his duties. No member of said Board shall pass upon any question in which he is pecuniarily interested. The said board shall meet as often as once in each week upon notice from the Commissioner of Buildings. The members of said Board of Examiners, and the Clerk of said board, shall each be entitled to and shall receive ten dollars for each attendance at a meeting of said board, to be paid by the Comptroller from the annual appropriation to be made therefor upon the voucher of the Commissioner of Buildings for the Boroughs of Manhattan and The Bronx. (Id., sec. 149.) Part 30. — Tiolations and Penalties. Courts Having Jurisdiction. § 150. Violations and Penalties. — The owner or owners of any building, structure or part thereof, or wall, or any platform, staging or flooring to be used for standing or seating purposes where any violation of this Code shall be placed, or shall exist, and any architect, builder, plumber, carpenter or mason who may be employed or assist in the commission of any such violation, and any and all persons who shall violate any of the provisions of this Code or fail to comply therewith, or any requirement thereof, or who shall violate or fail to comply with any detailed order or regulation made thereunder, or who shall build in viola- tion of any detailed statement of specifications or plans, submitted and approved thereunder, or of any certificate or permit issued thereunder, shall severally, for each and every such violation and non-compliance, respectively, forfeit and pay a penalty in the sum of fifty dollars. Except that any such person who shall violate any of the provisions of this Code, as to the construction of chimneys, fireplaces, fines, hot-air pipes and furnaces, or who shall violate any of the provisions of this Code, vsdth reference to the framing or trimming of timbers, girders, beams, or other woodwork in proximity to chimney flues or fireplaces, shall forfeit and pay a penalty in the sum of $100. But if any said viola- tion shall be removed or be in process of removal within ten days after the service of a notice as hereinafter pre- scribed, the liability of such a penalty shall cease, and the Corporation Counsel, on recjuest of the Commissioner of CODE OF ORDINANCES OP THE CITY OP NEW YORK. 251 Buildings having jurisdiction, shall discontinue any action pending to recover the same, upon such removal or the com- pletion thereof -sVithin a reasonable time. Any and all of the aforementioned persons who having been served with a notice as hereinafter prescribed, to remove any violation, or comply with any requirement of this Code, or with any order or regulation made thereunder, shall fail to comply with said notice within ten days after such service or shall continue to violate any requirement of this Code in the respect named in said notice shall pay a penalty of $250. For the recovery of any said penalty or penalties an action may be brought in any municipal court, or court of record, in said city in the name of The City of New York; and whenever any judgment shall be rendered therefor, the same shall be collected and enforced, as prescribed and directed by the Code of Civil Procedure of the State of New York. The Commissioner of Buildings having jurisdiction, through the Corporation Counsel, is hereby authorized, in his discre- tion, good and sufficient cause being shown therefor, to remit anj'- fine or fines, penalty or penalties, which any person or persons may have incurred, or may hereafter incur, under any of the provisions of this Code; but no fine or penalty shall be remitted for any such violation until the violation shall have been removed. Said remission shall also operate as the remission of the costs obtained in such action. (Id., sec. 150, rev. from L. 1882, ch. 410, § 505, as amend.) An inspector of a department has no power to change the plans and specifications as fixed by the head of the department. Health Dept. vs. Hamm, 4 Misc. 602, 24 N, Y. Supp. 730. Nor will the approval of a minor official, as to a change, be a defense to an action to recover a penalty. Fire Department vs. Buhler, 35 N. Y. 177; Fire Department N. Y, vs. Buffum, 2 E. D. Smith, 511. § 151. Courts Having Jurisdiction. — All courts of civil jurisdiction in The City of New Y^'ork shall have cognizance of and jurisdiction over any and all suits and proceedings by this Code authorized to be brought for the recovery of any penalty and the enforcement of any of the several pro- visions of this Code, and shall give preference to such suits and proceedings over all others, and no court shall lose jurisdiction of any action by reason of a plea that the title to real estate is involved, provided the object of the action is to recover a penalty for the violation of any of the pro- visions of this Code. The Corporation Counsel is authorized to institute any and all actions and proceedings, either legal or equitable that may be appropriate or necessary for the enforcement of the provisions of this Code, and all civil courts in said city are hereby invested with full legal and equitable jurisdiction to hear, try and determine all such actions and proceedings, and to make appropriate orders and render judgment therein according to law, so as to give force and effect to the provisions of this Code. Whenever the Commissioner of Buildings having jurisdiction is satisfied 252 CODE OP OnDTNANCES OF THE CITY OF NEW YORK. that any building- or structure, or any portion thereof, or any drainage or plumbing, the erection, construction or alteration, execution or repair of which is, regulated, per- mitted or forbidden by this Code, is being erected, con- structed, altered or repaired, or has been erected, constructed, altered or repaired, in violation of, or not in com- pliance with, any of the provisions or requirements of this Code, or in violation of any detailed statement of specifica- tions or plans submitted and approved thereunder, or of any certificate or permit issued thereunder, or that any provision or requirement of this Code, or any order or direction made thereunder has not been complied with, or that plans and specifications for plumbing" and drainage have not been sub- mitted or filed as required by this Code, the Commissioner of Buildings having* jurisdiction may in his discretion, through the Corporation Counsel, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation, or the execution of any work thereon, or to restrain or correct the erection or alteration of, or to require the removal of, or to prevent the occupation or use of, the building or structure erected, constructed or altered, in violation of, or not in compliance with, any of the pro- visions of this Code, or with respect to which the require- ments of this Code, or of any order or direction made pur- suant to any provisions contained in this Code, shall not have been complied with. In any such action or proceeding The City of New York may, in the discretion of the Commissioner of Buildings having jurisdiction and on his affidavit setting forth the facts, apply to any court of record in said city or to a judge or justice thereof, for an order enjoining* and restraining" all persons from doing", or causing or permitting" to be done, any work in or upon such building" or structure, or in or upon such part thereof as may be designated in said affidavit for any purpose whatever, until the hearing structure, or such portion thereof as may be designated in said affidavit for any purpose whatever, until the hearing" and determination of said action and the entry of final judgment therein. The court, or judge or justice thereof, to whom such application is made, is hereby authorized forth- with to make any or all of the orders above specified, as may be required in such application, with or without notice, and to make such other or further orders or directions as may be necessary to render the same effectual. No officer of said Department of Buildings acting in good faith and without malice shall be liable for damages by reason of anything donie in any such action or proceeding. No under- taking" shall be required as a condition to the granting or issuing" of such injunction order, or by reason thereof. All courts in which any suit or proceeding" is instituted under this Code shall, upon the rendition of a verdict, report of a referee, or decision of a judge or justice, render judgment in accordance therewith; and the said judgment, so rendered, CODE OF ORDINANCES OF THE CITY OP NEW YORK. 253 shall be and become a lien npon the premises named in the complaint in any such action, to date from the time of filing" in a County Clerk's office in The City of New York, where the property affected by such action, suit, or proceeding, is located, of a notice of lis pendens therein; which lien may be enforced ag-ainst said property, in every respect, not- withstanding* the same may be transferred subsequent to thje filing" of the said notice. Said notice of lis pendens shall consist of a copy of the notice issued by the Commissioner of Building's having" jurisdiction requiring the removal of the violation and a notice of the suit or proceedings insti- tuted, or to be instituted thereon, and said notice of lis pendens may be filed at any time after the service of the notice issued by the Commissioner of Buildings as aforesaid, provided he may deem the same to be necessary, or is satisfied that the owner of the property is about to transfer the same to avoid responsibility for having violated the provisions of this Code or some one of its provisions. Any notice of lis pendens filed pursuant to the provisions of this Code may be vacated and cancelled of record; upon an order of a judge or justice of the court in which such suit or proceeding was instituted or is pending, or upon the con- sent in writing of the Corporation Counsel, and the clerk of the said county where such notice is filed, is hereby directed and required to mark any such notice of lis pendens and any record or docket thereof as vacated and cancelled of record, upon the presentation and filing of a certified copy of an order as aforesaid, or of the consent, in writing, of said Corporation Counsel. In no case shall the said Department of Buildings, or any officer thereof, or the cor- poration of The City of New York, or any defendant, be liable for costs in any action, suit or proceedings that may have been, or may hereafter be, instituted or commenced in pursuance of this Code, unless specially ordered and allowed against any defendant or defendants, by a court of justice, in the course of such action, suit or proceeding. (Id., sec. 151, rev. from L. 1882, ch. 410, § 506, as amend.) A lien filed under this section does not affect the lien ol a prior mortgage nor a sale thereunder. Mitchell vs. Smith, 53 N. Y. 413. § 152. Notice of Violations of Code; Service of Papers. — All notices of the violation of any of the provisions of this Code, and all notices directing anything to be done, required by this Code, and all other notices that may be required or authorized to be issued thereunder, including notice that any building, structure, premises, or any part thereof, are deemed unsafe or dangerous, shall be issued by the Commis- sioner of Buildings having jurisdiction, and shall have his najne affixed thereto and may be served by any officer or employee of the Department of Buildings or by any person authorized by the said department. All such notices, and any notice or order issued by any court in any proceeding instituted pursuant to this Oode to restrain or remove any V- OF THK ^K 254 CODE OF ORDINANCES OF THE CITY OF NEW YORK. violation, or to enforce compliance with any provision or requirement of this Code, may be served by delivering to and leaving a copy of the same with any person or persons violating, or who may be liable under any of the several provisions of this Code, or to whom the same may be addressed, and if such person or persons cannot be found after diligent search shall have been made for him or the^i, then such notice or order may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to have been placed or to exist, or to which such notice or order may refer, or which may be deemed unsafe or dangerous, which shall be equivalent to a personal service of said notice or order upon all parties for whom such search shall have been made. Such notice or order shall contain a description of the building, premises or property on which such violation shall have been put or may exist, or which may be deemed unsafe or dangerous, or to which such notice or order may refer. If the person or persons or any of them, to whom said notice or order is addressed, do not reside in the State of New York, and have no known place of business therein, the same may be served by delivering to and leaving with such person or persons, or either of them, a copy of said notice or order, or if said person or persons cannot be found within said State after diligent search, then by posting a copy of the same in manner as aforesaid and depositing a copy thereof in a post-office in The City of New York, inclosed in a sealed wrapper addressed to said person or persons at his or their last known place of residence, v/ith the postage paid thereon; and said posting and mailing of a copy of said notice or order shall be equivalent to personal service of said notice or order. (Id., sec. 152, rev. from L. 1882, ch. 410, § 507, as amend.) See Greenhaus vs. Alter, 30 App. Div. 585; Fire Dept. vs. William- son, 1 Robt. 476. l*art 31. — Unsafe Buildings, Surveys, Court Proceedings. § 153. Unsafe Buildings. — Any building or buildings, part or parts of a building, staging or other structure in The City of New York, that from any cause may now be, or shall at any time hereafter become dangerous or unsafe, may be taken down and removed, or made safe and secure, in the manner following: Immediately upon such unsafe or dan- gerous building or buildings, or part or parts of a building, staging or structure being so reported by any of the officers of said Department of Buildings, the same shall be immedi- ately entered upon a docket of unsafe buildings to be kept by the Commissioner of Buildings having jurisdiction; and the owner, or some one of the owners, executors, adminis- trators, agents, lessees or any other person or persons who may have a vested or contingent interest in the same, may be served with a printed or written notice containing a CODE OF ORDINANCES OF THE CITY OF NEW YORK. 255 description of the premises or structure deemed unsafe or dangerous, requiring the same to be made safe and secure, or removed, as the same may be deemed necessary by the Commissioner of Buildings having jurisdiction, which said notice shall require the person or persons thus served to immediately certify to the said Commissioner his or their assent or refusal to secure or remove the same. (Id., sec. 153, rev. from L. 1882, ch. 410, § 509, as amend.) The city is not responsible for the acts or omissions of the officers of the Building Department who, in the exercise of sove- reign power, have the duty of examining and removing dangerous buildings. Connors vs. Mayor, 11 Hun, 439. But the head of the department may be liable for his official neglect to a person injured thereby. Connors vs. Adams, 13 Hun, 427. § 154. Surveys on Unsafe Buildings. — If the person or persons so served with notice shall immediately certify his or their assent to the securing or removal of said unsafe or dangerous buildings, premises or structure, he or they shall be allowed until one o'clock p. m. of the day following the service of such notice, in which to commence the secur- ing or removal of the same; and he or they shall employ sufficient labor and assistance to secure or remove the same as expeditiously as the same can be done; but upon his or their refusal or neglect to comply with any of the require- ments of said notice so served a further notice shall be served upon the person or persons heretofore named, and in the manner heretofore prescribed, notifying him or them that a survey of the premises named in the said notice will be made at the time and place therein named, which time may not be less than twenty-four hours nor more than three days from the time of the service of said notice, by three competent persons, one of whom shall be the Commis- sioner of Buildings having jurisdiction, or a Superintendent of Buildings or an Inspector, designated in writing by said Commissioner, another of whom shall be an architect, appointed by the New York Chapter of the American Insti- tute of Architects for the Boroughs of Manhattan, The Bronx and Richmond, and by the Brooklyn Chapter of the American Institute of Architects for the Boroughs of Brook- lyn and Queens, depending upon the borough or boroughs in which the property is located, another of whom shall be appointed by the person or persons thus notified, and who shall be a practical builder or architect, upon whose neglect or refusal to appoint such surveyor, however, the said other two surveyors may make such survey, and in case of a dis- agreement of the latter, they shall appoint a third person to take part in such survey, who shall also be a practical builder or architect of at least ten years' practice, and the decision of the said surveyor shall be final; and that in case the said premises shall be reported unsafe or dangerous under such survey, the said report will be placed before a court therein named having jurisdiction to the extent of $1,000, and that a trial upon the alleg-ations and state»9»t9 256 CODE OF ORDINANCES OF THE CITY OF NEW YORK. contained in said report, be the report of said surveyors more or less than is contained in the said notice of survey, will be had before said court at a time and place therein named, to determine whether said unsafe or dangerous building or premises shall be repaired and secured or taken down and removed, and a report of said survey, reduced to writing, shall constitute the issue to be placed before the court for trial. A copy of said report of survey shall be posted on the building by the persons holding the survey, immediately on their signing the same. The architect appointed by the Chapters of the American Institute of Architects as hereinbefore provided who may act on any survey called in accordance with the provisions of this Code, shall be entitled to and receive the sum of twenty-five dollars, to be paid by the Comptroller upon the voucher of the Board of Buildings. And a cause of action is hereby created for the benefit of The City of New York against the owner or owners of said building, staging or structure, and of the lot or parcel of land on which the same is situated, for the amount so paid with interest, which shall be prose- cuted in the name of The City of New York by the Corpora- tion Counsel. The amount so collected shall be paid over to the Comptroller in reimbursement of the amounts so paid by him as aforesaid. (Id., sec. 154, rev. from L. 1882, ch. 410, § 510, as amend.) Only the defects mentioned in the preliminary notice can be tried. If others are found, a new survey must be had. Matter of Unsafe Building, 1 Abb. N. C. 464. § 155. Court Proceedings. — Whenever the report of any Buch survey had as aforesaid shall recite that the building, premises or structure thus survej^ed is unsafe or dangerous, the Corporation Counsel of The City of New York shall at the time in the said notice named, place said notice and report before the Judge or Justice holding a Special Term of the court, in the said notice named, which said Judge or Justice shall immediately proceed to obtain and impanel a jury, and to the trial of said issue before said jury, whose verdict shall be exclusive and final, and shall try said issue without adjournm.ent, except as may be necessary from day to day, giving precedence to the trial of this issue over every other business, and said Judge or Justice shall have power to impanel a jury for that purpose from any jurors in attendance upon said court, or in case sufficient jurors shall not be in attendance, then from any jurors that may be summoned for that purpose, and said Judge or Justice shall have power to summon jurors for that purpose, and any such suit or proceeding commenced before a Judge or Justice may be continued before another Judge or Justice of the same Court; a jury trial may be waived by the default of the defendant or defendants to appear at the time and place named in the said notice, or by agreement, and in 6uch case the trial may be hy Court, Judg^e, Justice or Ref- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 257 eree, whose report or decision in th£ matter shall be final; and upon the rendition of a verdict or decision of the Court, Judge, Justice or Referee, if the said verdict or decision shall find tlu'. said building, premises or structure to be unsafe or dangerous, the Judge or Justice trying said cause, or to whom the report of the Keferee trying said cause shall be presented, shall immediately issue a precept out of said Court, directed to the Commissioner of Buildings having jurisdiction, reciting said verdict or decision, and command- ing him forthwith to repair and secure or take down or remove, as the case may be, in accordance with said verdict or decision, said unsafe or dangerous building, buildings, part or parts thereof, staging, structure or other premises that shall have been named in the said report, and said Commissioner of Buildings shall immediately thereupon pro- ceed to execute said precept as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose, and after having done so said Commissioner of Buildings shall make return of said precept, with an indorsement of the action thereunder and the cost and expenses thereby incurred, to the Judge or Justice then holding the said Special Term of the said Court, and thereupon said Judge or Justice shall tax and adjust the amount indorsed upon said precept, and shall adjust and allow disbursements of said proceedings, together with the preliminary expenses of searches and surveys, which shall be inserted in the judgment in said action or proceeding, and shall render judgment for such amount, and for the sale of the said premises in the said notice named, together with all the right, title and interest that the person or persons, or either of them, named in the said notice had in the lot, ground or land upon which the said building or structure was placed, at the time of the filing of a notice of lis pendens in the said proceedings, or at the time of the entry of judgment therein to satisfy the same, which shall be in the same manner and wdth like effect as sales under judgment in foreclosure of mortgages, and in and about all preliminary proceedings as well as the carrying into effect any order of the Court or any precept issued by any Court, said Commissioner of Buildings may make requisition upon the Comptroller of The City of New York for such amount or amounts of money as shall be necessary to meet the expenses thereof; and upon the same being approved by any Judge or Justice of the Court from which the said order or precept was issued and presented to said Comp- troller, he shall pay the same, and for that purpose shall borrow and raise, upon revenue bonds, to be issued as pro- vided in section 188 of the Greater New York Charter, the several amounts that may from time to time be required, which shall be reimbursed by the payment of the amount and interest at six per cent, out of the judgment or judg- ments obtained as aforesaid, if the same shall be coUectecU 17 258 CODE OF ORDINANCES OF THE CITY OF NEW YORK. In case said issue shall not be tried at the time specified in said notice, or to which the trial may be adjourned, the same may be brought to trial at any time thereafter by the said Commissioner of Buildings, without a new survey, upon not less than three days' notice of trial to the person or persons upon whom the original notice was served, or to his or their attorney, which notice of trial may be served in the same manner as said original notice. The notice of lis pendens provided for in this section shall consist of a copy of said notice of survey, and shall be filed in the oftlce of a County Clerk in The City of New York, in the county where the property affected by such action, suit or proceed- ing is located. Provided, nevertheless, that immediately upon the issuing of said precept, the owner or owners of said building, staging or structure, or premises, or any party interested therein, upon application to the Commis- sioner of Buildings, shall be allowed to perform the require- ments of said precept at his or their own proper cost and expense, provided the same shall be done immediately and in accordance with the requirements of said precept, upon the payment of all costs and expenses incurred up to that time, and provided, further, that the Commissioner of Build- ings having jurisdiction shall have authority to modify the requirements of said precept upon application to him there- for, in writing, by the owner or owners of said building, staging or structure, or his or their .representative, when he shall be satisfied that such change shall secure equally well the safety of said building, staging or structure. (Id., sec. 155, rev. from L. 1882, ch. 410, § 511, as amend.) § 156. Application for Order to Remove Violations and to Vacate Buildings. — In case any notice or direction author- ized to be issued by this Code is not complied with within the time designated in said notice, The City of New York, by the Corporation Counsel, may, at the request of the Commis- sioner of Buildings having jurisdiction, apply to the Supreme Court of New York, at a special term thereof, for an order directing said commissioner to proceed to make the altera- tions or remove the violation or violations, as the same may be specified in said notice or direction. Whenever any notice or direction so authorized, shall have been served as directed in this Code, and the same shall not have been complied with within the time designated therein, the Corporation Counsel may, at the request of the Commissioner of Buildings having jurisdiction, in addition to, or in lieu of the remedy last above provided, apply to the Supreme Court of New York, at a special term thereof, for an order directing the said com- missioner to vacate such building or premises, or so much thereof as said commissioner may deem necessary, and pro- hibiting the same to be used or occupied for any purpose specified in said order until such notice shall have been com- plied with. The expenses and disbursements incurred in the carrying out of any said order or orders, shall become a lieu CODE OF ORDINANCES OF THE CITY OF NEW YORK. 259 upon said building or premises named in the said notice, from the time of tiling of a copy of the said notice, with a notice of the pendency of the action or proceeding as pro- vided in this Code, taken thereunder, in the office of the clerk of the county where the property afEected by such action, suit or proceeding is located; and the said Supreme Court, or a judge or justice thereof, to whom application shall be made, is hereby authorized and directed to grant any of the orders above named, and to take such proceedings as shall be n£cessary to make the same effectual, and any said judge or justice to whom application shall be made is hereby authorized and directed to enforce such lien in accord- ance with the mechanics' lien laws applicable to The City of New York; and in case any of the notices herein men- tioned shall be served upon any lessee or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service i^ made to give immediate notice to the owner or agent of said building named in the notice, if the same shall be known to the said person personally, if such person shall be within the limits of The City of New York, and his residence known to such person, and if not within said city, then by depositing a copy of said notice in any post-office in The City of New York, properly inclosed and addressed to such owner or agent, at his then place of residence, if known, and by paying the postage thereon; and in case any lessee or party in posses- sion shall neglect or refuse to give such notice as herein provided, he shall be personally liable to the owner or owners of said buildings or premises for all damages he or they shall sustain by reason thereof. (Id., sec. 156, rev, from L. 1882, ch. 410, § 513, as amended.) Part S2.— Recovery of Bodies Under Fallen Buildings. § 157. Recovery of Bodies Under Fallen Buildings. — In case of the falling of any building or part thereof in The City of New York, where persons are known or believed to be buried under the ruins thereof, it shall be the duty of the Fire Department to cause an examnation of the premses to be made for the recovery of the bodies of the killed and injured. Whenever, in making such examination, it shall be necessary to remove from the premises any debris, it shall be the duty of the Commissioners of the Department of Docks, of the Department of Parks, of the Department of Highways, and of the Department of Street Cleaning, when called upon by the Department of Buildings to co-operate to provide a suitable and convenient dumping place for the deposit of such debris. In case there shall be, in the opinion of the Department of Buildings, actual and immediate dan- ger of the falling of any building or part thereof so as to endanger life or property, said department shall cause the necessary work to be done to render said building or part thereof temporarily safe until the proper proceedings can 260 CODE OF ORDINANCES OF THE CITY OF NEW YOEK. be taken, as in the case of an unsafe building, as provided for in this Code. The Department of Buildings is hereby authorized and empowered in such cases, and also where any- building or part thereof has fallen, and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and said department may, when neces- sary for the public safety, temporarily close the sidewalks and streets adjacent to such building or part thereof, and prohibit the same from being used, and the Police Depart- ment, when called upon by the said Department of Build- ings to co-operate, shall enforce such orders or requirements. For the aforesaid purposes the said Fire Department, or the Department of Buildings, as the case may be, shall employ such laborers and materials as may be necessary to perform said work as speedily as possible. (Id., sec. 157, rev. from. L. 1882, ch. 410, § 502, as amend.) § 157A. In case there shall be, in the opinion of the Borough President or Superintendent of Buildings in any borough having jurisdiction, danger to life or property by reason of any defective or illegal work, or work in violation of OF not in compliance with any of the provisions or requirements of this Code, the said Borough President or Superintendent of Buildings or such person as may be desig- nated by him shall have the right and he is hereby author- ized and empowered to order all further work to be stopped in and about said building, and to require all persons in and about said building forthwith to vacate the same, and to cause such work to be done in and about the building as in his judgment may be necessary to remove any danger there- from. Jtiid said Borough President or Superintendent of Buildimgs may, when necessary for the public safety, tem- porarily close the sidewalks and the streets adjacent to said building, or part thereof, and the Police Department, when called upon by the said Borough President or Superintend- ent of Buildings to co-operate, shall enforce such orders or requirements. (Ord. app. June 1, 1904.) Part 33. — Fund for Use and Benefit of the Department of Buildings. § 158. Fund for Use and Benefit of the Department of Buildings. — The Corporation Counsel shall sue for and col- lect all penalties and take charge of and conduct all legal proceedings imposed or provided for by this Code; and all suits or proceedings instituted for the enforcement of any of the several provisions of the preceding sections of this Code or for the recovery of any penalty thereunder shall be brought in the name of The City of New York by the Corpo- ration Counsel, to whom all notices of violation shall be returned for prosecution, and it shall be his duty to take charge of the prosecution of all such suits or proceedings, collect and receive all moneys that may be collected upon CODE OF ORDINANCES OF THE CITY OF NEW YORK. 261 judgments, suits or proceedings so instituted, or which may- be paid by any parties who have violated any of the pro- visions of this Code, and upon settlement of judgment and removal of violations thereunder, execute satisfaction there- for. He shall, on the first day of each and every month, render to each Commissioner of Buildings an account of and pay over to the commissioner having jurisdiction the amount of such penalties and costs received by him, together with his bill for all necessary disbursements incurred or paid in said suits, keeping a separate account for each Commissioner, and each Commissioner shall pay over monthly the amount of such penalties and costs so collected to the Comptroller of The City of New York as a fund for the use and benefit of the Department of Buildings for the purpose of paying any expenses incurred by said department, under section 157 of this Code, and also for the purpose of carrying into effect any order or precept issued by any court, or judge or justice thereof, in this Code named, to any Commissioner of Buildings, and upon the requisition of the Commissioner of Buildings having jurisdiction, said Comptroller shall pay such sum or sums as may be allowed and adjusted by any court of record, or a judge or justice thereof, for such pur- poses, as far as the. same may be in his hands. A separate account shall be kept by the Comptroller of the moneys paid to him by each Commissioner, and no such moneys shall be paid for such purposes to any of said Commissioners except fromi the account of the funds received from him. (Id., sec. 158, rev. from L. 1882, ch. 410, § 515, as amend.) Part 34. — Seal. Ofjficera of Department May Enter Buildings. § 159. Seal. — The Board of Buildings may adopt a seal and direct its use in the Department of Buildings. (Id., sec. 159, L. 1892, ch. 275, § 4.) § 160. Officers of Department May Enter Buildings. — All the officials of the Department of Buildings, so far as it may be necessary for the performance of their respective duties, have the right to enter any building or premises in said city, upon showing their badge of office. (Id., sec. 160, rev. from L. 1882, ch. 410, § 516.) Part S5.— Existing Suits and Liabilities. Invalidity of One Section Not to Invalidate Any Other. § 161. Existing Suits and Liabilities — Nothing in this Code contained shall be construed to affect any suit or pro- ceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. N^r shall any right or remedy of any character be lost, impaired or affected by this Code. (Id., sec. 161, L. 1892, ch. 275, § 45.) § 162. Invalidity of One Section Not to Invalidate Any Other. — The invalidity of any section or provision of this 262 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Code shall not invalidate any other section or provision thereof. (Id., sec. 162.) Part 36. — Ordinances Repealed. Date When Ordinance Takes Effect. § 163. Repealing" Section.— All ordinances of the former municipal and public corporations consolidated into The City of New York affecting or relating" to the construction, alter- ation or removal of buildings or other structures, and all other ordinances or parts thereof inconsistent herewith are hereby repealed. (Id., sec. 163.) § 164. Date When Ordinance is to Take Effect.— This ordi- nance shall take effect sixty days after its approval by the Mayor. (Id., sec. 164.) Chapter 16. — Park Ordinances, Eules and Eegueations. The power of the Board of Aldermen to pass Park Ordinances is prescribed in the Greater New Yorlc Charter (L. 1897, ch. 378, sec. 47), and the Revised Charter (L. 1901, ch. 466, sec. 43). By Laws 1904, chapter 678, section 1, amending section 610, Laws 1901, chapter 466, the Park Rules in force May 1, 1904, were made a chapter in the City Ordinances and amendments when adopted by the Park Board became effective when copies were filed with the City Clerk. The following is taken from the Park Ordinances passed March 14, 1904: The Park Board of the Department of Parks of The City of New York ordains as follows: All persons are forbidden — 1. To cut, break or in any way injure or deface the trees, shrubs, plants, trees, posts, railings, chains, lamps, lamp- posts, benches, tree-guards, buildings, structures or other property in or upon any of the public parks, parkways, squares or places of or within The City of New York, under the jurisdiction of the Department of Parks, or to dig into or upon the soil within the boundaries of any such parks, parkwaj^s, squares or places or of any roads or roadways upon or across the same. 2. To go on foot or otherwise upon the grass, except when and where permitted, or to throw or leave any paper, refuse or rubbish on any of the lawns or walks of the said parks, parkways, squares or places. 3. To expose any article for sale or exhibition, unless previously licensed by the Department of Parks therefor, on any part of such public parks, parkways, squares or places. 4. To post any bill, placard, notice or other paper upon any structure within such public parks, parkways, squares or places, or upon any street or avenue adjacent thereto under the jurisdiction of the Department of Parks, unless previously licensed so to do by the Commissioner having CODE OF ORDINANCES OF THE CITY OF NEW YORK. 203 jurisdiction, and in accordance with the provisions of section 16 hereof. 5. To play upon any musical instrument within such pub- lic parks, parkways, squares or places, or take into, carry or display any flag, banner, target or transparency without the permission of the Commissioner having jurisdiction. 6. To erect any structure, stand or platform, or hold any meetings in such parks, parkways, squares or places, without previous permission therefor from the Commissioner having jurisdiction. 7. To use threatening, abusive or insulting language upon any of such public parks, parkways, squares or places, or doing any obscene or indecent act thereon, or any act tending to a breach of the public peace. 8. No hackney coach, carriage, wagon, cart or other vehicle for hire shall stand upon any such public park, park- way, square or place, or upon any street or avenue adjacent thereto under the jurisdiction of the Department of Parks without previous license, and then only at such place as shall be indicated and allowed by the Commissioner having jurisdiction. 9. No horse or other animal shall be allowed to go at large upon such public parks, parkways, squares or places, except that dogs may be allowed therein when led by a chain or proper dog-string not exceeding six feet in length. 10. No person shall bathe or fish in any of the waters or fountains, nor cast any substance therein, nor disturb or interfere in any way with the fish, birds or animals within such public parks, parkways, squares or places, except in the waters adjacent to Pelham Bay Park, where bathing and fishing shall be permitted, subject to the rules and regula- tions prescribed by the Commissioner of Parks for the Borough of The Bronx. Fishing may be allowed in the lakes of Prospect Park under permits granted by the Commis- sioner having jurisdiction. 11. All drunken, disorderly or improper persons, and all persons doing any act injurious to such parks, parkways, squares or places, shall be removed therefrom by the park- keeper or police in charge thereof. When necessary to the protection of life or property, the officers and keepers of the park may remove all persons from any designated part thereof. 12. No animal or vehicles shall be permitted to stand, nor any incumbrance of any kind be allowed to remain upon any street adjacent to or bounding upon any public square or place in The City of New York, under the jurisdiction of the Department of Parks, without permission of the Com- missioner for the boroughs within located, except that vehicles may be permitted to take up and set down passen- gers, and to load and unload merchandise in the usual man- ner, and may occupy the street a reasonable time for the purpose; provided, however, that they shall not, while sp 264 CODE OF OBDINANCES OF THE CITY OF NEW YORK. doing", unnecessarily incumber the street or obstruct travel therein. 13. No one shall throw stones or other missiles, nor beg or publicly solicit subscriptions or contributions, nor tell fortunes, nor play g-ames of chance or with any table or instrument of g-aming, nor make any harangue, nor climb upon any wall, fence, shelter, seat, statue or other erection within such public parks, parkways, squares or places within The City of New York. 14. No automobile or horseless vehicle shall be driven upon or over the drives of such public parks, parkways, squares or places at a greater speed than eight miles an hour. (Id., sec. 14, as amend. June 22, 1905.) 15. No fence in or about any land fronting upon or adjacent to any public park, parkway, square or place in The City of New York, shall be erected until a plan, showing the height, character and method of construction of the proposed fence, has been submitted to the Commissioner of Parks having jurisdiction, and approved by him, and a permit in writing issued therefor. 16. No poster or advertising device shall be placed upon any fence or other structure used for advertisement or the exhibition in, about or upon any land fronting upon or adjacent to any public park, parkway, square or place in The City of New York, until a description or a drawing of the same shall be filed with the Commissioner of Parks having jurisdiction, and approved by him, and a permit in writing issued therefor. This permit was held to be a reasonable license in McNamara vs. Wilcox, 73 App. Div. 451, and held illegal in Tompkins vs. Pallas, 47 Misc. Rep. 309, aff. 81 App. Div. 635 and 176 N. Y. 573. 17. Owners of fences or other structures now existing in, about or upon lands fronting upon or adjacent to any park, parkway, square or place in The City of New York used for advertising or exhibition of advertisements, shall not modify or alter such structures or the advertising device placed thereon until a written application has been made to the Commissioner having jurisdiction over the same, requesting his permission for the said alteration or modification, which shall be fully described in the said application, and the necessary permit obtained therefor. 18. No military or target company, or civic or other pro- cession, shall be allowed to parade, drill or perform upon any of the parks, parkways, squares or public places, with- out permission from the Commissioner of Parks having jurisdiction, except in the case of the use of Van Cortlandt parade ground in Van Cortlandt Park and the parade ground adjacent to Prospect Park, by the National Guard of the State of New York. 19. No automobile, stage or other vehicle shall be allowed to carry passengers for hire over or upon any of the parks, parkways or drives, concourses, plazas or circles, under the CODE OF ORDINANCES OF THE CITY OF NEW YORK. 265 control of the Department of Parks, excepting upon traffic roads and except by special permission of the Commissioner having jurisdiction. 20. It shall be unlawful for the owner or operator of any automobile or other vehicle to stop near any of the music stands or other places, in or about any of the parks, park- ways, plazas, concourses, circles or squares, of the said Department of Parks, where any number of persons are accustomed to congregate, or where such automobiles would be a source of danger to life and limb, except by permission of the Commissioner having jurisdiction. 21. No garbage, ashes, manure or other offensive material, is to be carried over any of the parkways or through such parks, circles, squares or concourses, except upon traffic roads set apart for such purpose. When such refuse is to be removed from residences fronting on any of the above park- ways, fete, the vehicles collecting such refuse must leave the parkway as soon as such collection is accomplished, and within the time prescribed by the Commissioner having jurisdiction. No earth, sand or broken stone is to be carted over any of the parkways, except on traffic roads, unless special permit for the same is obtained from the Commissioner having jurisdiction. 22. It shall not be lawful to modify, alter, or in any manner interfere with the lines or grades of any of the aforesaid parks,' parkways, concourses, circles, squares, avenues, roads, streets, entrances or approaches under the jurisdiction of the said Department of Parks, nor to take up, move or disturb any of the curb and gutter-stones, flagging, trees, tree-boxes, railing, fences, sod, soil or gravel, or to go upon or cross said parks, parkways, concourses, circles, squares, roads, streets or avenues, except by the means and in the manner provided therefor; nor shall it be lawful to open or otherwise expose or interfere with any of the water, gas and sewer pipes, or any of the hydrants, stop- cocks, basins or other construction within or upon said places, nor to take any water or gas therefrom, nor to make any connection therewith, except by special written consent of the Commissioner having jurisdiction, and where such consent is given, a deposit of money may be required to insure the restoration of the said curbs, gutters, flagging, etc. 23. No person in bathing costume will be permitted to walk or ride upon any parks, parkways or beaches, except Pelham Bay Park, under the jurisdiction of the Department of Parks. No boat or vessel shall be placed upon any of the waters of the said parks, except by special permission from the Commissioner having jurisdiction. No skating or sledding will be allowed on the lakes unless the ice is declared by the Commissioner having jurisdiction to be in a suitable condition for that purpose. 266 CODE OF ORDINANCES OF THE CITY OF NEW YORK. 24. No one shall fire or carry any firearm, firecracker, torpedo or fireworks, nor make a fire, nor make any oration, nor conduct any religious or other meeting or ceremony within any of the parks, parkways, squares or places in The City of New York under the jurisdiction of the Department of Parks without special permission from the Commissioner having jurisdiction. 25. No one shall enter or leave the parks except at the established entranceways; nor shall any one enter or remain therein after twelve o'clock at night, except as, on special occasions, use thereof may be authorized beyond the regular hours. 26. The drivies shall be used only by persons in pleasure vehicles, on bicycles, or on horseback; the bridle-paths only by persons on horseback. Animals to be used on either shall be well broken, and constantly held in such control that they may be easily and quickly turned or stopped; they shall not be allowed to move at a rate of speed on the drives or bridle- paths of more than eight miles an hour; and when it shall be deemed necessary to safety, good order, or the general convenience that the speed of an animal or vehicle should be checked, or that it should be stopped, or its course altered, and the officers on duty shall so direct, by gesture or otherwise, such direction shall be obeyed; and no horse or other beast of burden nor automobile shall be driven or suffered to stand anywhere except on the drive or bridle-path. 27. No hackney coach or other vehicle for hire shall stand within the public parks, parkwaj^s, squares or places under the jurisdiction of the Department of Parks for the purpose of taking up passengers, other than those whom it has brought in, excepting with the permission of the Commis- sioner having jurisdiction. No public omnibus or express wagon, and no wagon, cart or other vehicle, carrying or ordinarily used to carry merchandise, goods, tools or rub- bish shall enter such public parks, parkways, squares or places without permission of the Commissioner having juris- diction, excepting upon traffic roads provided for the pur- pose. No fire engine or other apparatiis on wheels for extinguishing fire shall enter or be allowed upon any part of the park excepting the Transverse and Traffic roads. 28. No military or target company and no civic, funeral or other procession, or a detachment of a procession, and no hearse or other vehicle, or person carrying the body of a dead person shall enter or be allowed on any part of the public parks, except by the permission of the Commissioner having jurisdiction. 29. No person shall bring into or carry within the parks any tree, shrub, plant or flower, nor any newly plucked branch or portion thereof without a permit from the Com- missioner having jurisdiction, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 267 30. No person shall solicit passengers for any coach or other vehicle for hire within or upon any of the parks, park- ways, squares or places within the jurisdiction of the Department of Parks. All drivers or attendants of vehicles for hire standing upon or within any such parks, parkways, squares or places shall remain in close proximity to their vehicles while so standing, and shall not follow, solicit or importune any person entering or leaving the said parks, parkways, squares or places. Ordinances Relating to the Use of Yehicles in the Public Parks, Parkways and Streets Under the Jurisdiction and Control of the Commissioners of Parks of The City of New York. 1. All vehicles must carry a lighted lamp, showing a white light ahead, from thirty minutes after sunset until thirty minutes before sunrise. 2. All vehicles and* horsemen when passing another vehicle or horseman going in the same direction, must keep to the left and leave the vehicle or horseman they are passing on the right hand. 3. All vehicles or horsemen going at a walk or slow trot must keep near the curbstone or gutter on the right hand side of the road; those going more rapidly must keep nearer the middle of the road. 4. No vehicle shall stop for any purpose without drawing up to the curbstone or gutter, and always on the right hand side of the road. 5. Before pulling up and before crossing from one side to the other of the road or street the driver should signal to those behind him by raising his whip. 6. On all drives and parkways where grass plots divide the drive, all vehicles and horsemen must keep on the right hand side drive or bridle-path. 7. Drivers, riders and cyclists must not exceed a speed of eight miles an hour in the parks and parkways. 8. Cyclists must not coast in the parks, nor on the park- ways, or bridle-paths, and must keep their feet on the pedals and their hands on the handle bars. 9. Cyclists must not mount or dismount, except on the extreme right of the roads or bicycle paths. 10. All bicycles, tricycles, velocipedes or other vehicles of propulsion must be provided with a bicycle bell, not to exceed three inches in diameter. 11. Riding more than two abreast is prohibited. 12. Instruction in operating automobiles, bicycles, tri- cycles, velocipedes or other such vehicles of propulsion, and all trick or fancy riding on the same, is prohibited in the parks and parkways at all times. 13. Wheelmen shall not ride on the paths in any park; those walking upon the park paths may push their wheels 268 CODE OF ORDINANCES OF THE CITY OF NEW YORK. along said paths, but in no case shall the wheels be taken upon the turf. 14. The delivery of supplies to the residences of West Seventy-second street, West Eighty-sixth street. Riverside drive. West End avenue north of Seventieth street. Cathedral parkway and Morningside avenue West, in Manhattan, and the Shore road in Brooklyn, will be permitted in the fore- noon, but no business vehicles shall enter upon or pass over said parkways after the hour of noon, except by special per- mission of the Commissioner having jurisdiction. In passing over the said parkways, business vehicles must go direct to place of delivery, must leave the said parkways without unnecessary delay, and by the shortest route — the place of entry, if possible. The said parkways must not be used to enable business vehicles to reach places exterior to them. As to West End avenue, see ordinance in effect March 20, 1906, infra. Ordinances Applying to the Harlem River Driveway. 1. The use of the Speedway is restricted to light vehicles of the classes known as buggies, runabouts, surreys and other like vehicles adapted to the speeding of light harness horses, seating not more than four persons and drawn by one or two horses, except by permission of the Commissioner having jurisdiction. Exercising carts may be used until one P. M. only. 2. Speeding on Sundays and holidays, and after three o'clock P. M. on other days, will be permitted in one direc- tion — from north to south only. Turning is forbidden except at the ends of the driveway and at the bridges. 3. When not speeding, drivers must keep closely to the right hand side of the road and keep moving. 4. Pedestrians must not cross on the Speedway; subways are provided for that purpose. 5. Loud shouting to make horses break or to urge them on is strictly forbidden. 6. The use of hobbles, or other similar device or appa- ratus to fetter or connect the legs of horses, for the purpose of restricting or hampering their motion or gait, is forbidden upon the Harlem river driveway. Rules and Regulations for EstaUisMng Limits of Projection for Constructions on the Line of Riverside Drive. 1. No structure or construction of any description or any part thereof shall be placed or permitted on or under Riverside drive until working plans in duplicate, drawn to a scale of one-quarter inch to the foot, shall have been filed with the Department of Parks, with an application for the erection or construction of the said structure; said draw- ings to show elevations, floor plans and vertical sections of the extent of projections, and that the applicant has CODE OF ORDINANCES OF THE CITY OF NEW YORK. 269 received permission to erect the said projection, as shown on drawings from the Department of Parks. A (a) Stoops or steps, courtyards and areas, or any part or appurtenance thereof shall not project in the avenue beyond the building line to the extent of more than five feet where the sidewalk is sixteen feet wide, seven feet where the sidewalk is twenty feet wide, eight feet where the sidewalk is twenty-five feet wide, and in proportion to the above where the sidewalk is between sixteen and twenty feet or between twenty and twenty-five feet. (b) No stoop or steps shall be covered, except over the landing or platform at the top, nor shall they be inclosed except by an open railing not more than four feet in height. B (a) Bay windows shall not project in the avenue beyond the building line to the extent of more than four feet. (b) Bay windows," when allowed to project in the avenue, shall not occupy longitudinally with the avenue more than two-thirds of the width of the building from which they project. C (a) No balcony, cornice or ornament shall project in the avenue beyond the house line to the extent of more than four feet. (b) No balcony shall be inclosed on the front or side, except by a railing not over four feet in height. D. No vault or other construction below the sidewalk shall be built except in such manner as shall leave the sewers, gas and water pipes, or space proposed to be occu- pied by the same, free and uninclosed and in safe condition, nor in any case to extend in the clear beyond the curb line. The exclusive jurisdiction of the Department of Parks over Riverside avenue was sustained in Ackerman vs. True, 175 N. Y. 353. Ordinance Adopted, Pursuant to Chapter 453 of the Laws of 1902. 1. No shade or ornamental tree or shrub shall be planted in any of the streets, avenues or public thoroughfares of The City of New York until such tree or shrub shall have been first approved by a duly appointed employee or expert of the Commissioner having jurisdiction, and a permit granted therefor. 2. No holes or excavation shall be prepared for planting any tree or shrub unless sufficient mould of satisfactory quality shall be used, and a duly appointed employee or expert of the Department of Parks shall report that the conditions, such as the absence of poisonous gas and dele- terious substances, have been made satisfactory and a per- mit granted therefor. 3. No stem, branch or leaf of any such tree or shrub shall be cut, broken or otherwise disturbed until a permit has been granted by the Commissioner having jurisdiction. 4. No root of any such tree or shrub shall be disturbed or interfered with in any way by any individual or any officer or emploj'ee of a public or private corporation until 270 CODE OF ORDINANCES OF THE CITY OF NEW YORK. a permit shall have been issued therefor by the Cominis- sioner having jurisdiction. 5. The surface of the ground w^ithin three feet of any tree or shrub growing on any street, avenue or other public thoroughfare shall not be cultivated, fertilized, paved, or given any treatment whatever, except under permit granted of the Commissioner having jurisdiction. 6. It shall not be lawful to attach or maintain any guy rope, cable or other contrivance to any tree or shrub, or to use the same in connection with any banner, transparency, or any business purpose whatever, except under a permit from the Commissioner having jurisdiction. 7. It shall not be lawful to cut, deface, mutilate, or in any way misuse, any tree or shrub, nor shall any horse or other animal be permitted to stand in a manner or position where it may or shall cut, deface or mutilate any tree or shrub, nor shall any building material or other material of any kind or any debris be piled or maintained against any tree or shrub. 8. It shall not be lawful to attach or string any electric or other wire, or to adjust or carry the same into or over any park or parkway, except under a permit from the Commissioner having jurisdiction. 9. Any person violating the foregoing ordinances of chap- ter 453 of the Laws of 1902, shall be guilty of a misdemeanor, and shall on conviction thereof before a city magistrate be punished by a fine not exceeding fifty dollars, or in default of payment of such fine, by imprisonment not exceeding thirty days. Rules and Regulations Relating to Projections and Line of Curh and Surface Constructions, Under Provisions of Section 612 of the Greater New York Charter^ as Amended hy Chapter 723 of the Laws of 1901. 1. Each Commissioner may grant permits for the erection and maintenance of projections on any park, parkway, square or public place in his jurisdiction, and on all streets and avenues within a distance of 350 feet from the outer boundaries thereof, upon such terms and conditions and upon the making of such compensation to the city as in his discretion he may determine with respect to the particular locality. 2. Where permits have heretofore been granted upon the making of compensation and a new permit is desired to cor- rect any irregularity, defect or supposed want of jurisdic- tion in the granting of such permit, a new permit may be granted without the making of further compensation. 3. Each Commissioner may determine the line of curb and the surface constructions of all streets and avenues lying within any park, parkway, square or public place in his jurisdiction or within a distance of 350 feet from the outer boundaries thereof as he may deem advisable accord- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 271 ing to the particular locality, and best calculated to maintain the beauty and utility of such parks, parkways, squares and public places. 4. All applications for the privilege of erecting- bay win- dows or other house projections shall be made to the Com- missioner in whose administrative jurisdiction the park or parkway affected lies, who may in his discretion grant the same upon payment of a fee to be determined in each case by said Commissioner. 5. Working plans in duplicate, drawn to a scale of one- quarter inch to the foot, shall be required to accompany each application, showing elevation, plans and vertical sec- tion of extent of projection, one copy of which will be filed in the office of the Commissioner having jurisdiction, and one other shall be returned to the applicant for filing in the Department of Buildings, with the approval of said Commissioner. 6. No permit will be granted to cover more than four feet of projection beyond the house or building line, nor shall the projections occupy longitudinally with the street or avenue more than two-thirds of the width of the building from which they project. Affecting Central Park and Fifth Avenue, Manhattan. 1. Owners of property on the easterly side of Fifth ave- nue, between Fifty-eighth and One Hundred and Eleventh streets, are permitted to inclose, for courtyard purposes, and not otherwise, fifteen feet of the sidewalks adjacent to and in front of their respective lots; and the stoops of buildings erected on said avenue may, in such cases, project to the extent of such courtyards; provided further, that such stoops shall, in every instance, be open above the railing or balustrade thereof, and the form, size and character thereof, together with the form, size and character of the area rail- ings, shall be subject to the approval of the Commissioner having jurisdiction; and provided further, that no stoop or area railing shall be constructed or put upon said Fifth ave- nue, or upon any of the streets or avenues surrounding said park, within the boundaries first above mentioned, until the plan thereof has been submitted to and approved by the said Commissioner. 2. No more than four horses shall be allowed to be driven together in the parks of the Borough of Manhattan, and then only when attached to private vehicles, except by special permit. 3. No person shall go on the turf without the permit of the Commissioner having jurisdiction except when and where a blue flag with a white star is shown as an indication that at that time and place all persons are allowed to go on it. 4. No bicycle or tricycle shall be allowed to be taken upon or remain on the Mall in Central Park during the progress of a concert, , 272 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Rules Relating to Park Conservatories. 1. The conservatories will be open daily between ten A. M. and four-thirty P. M. 2. Visitors on entering will keep to the right in order to avoid crowding. 3. Any person found pilfering flowers or leaves or causing damage to the buildings or plants will be arrested and punished. 4. No intoxicated, noisy or disorderly persons will be admitted. 5. Children under eight years of age will not be admitted except when accompanied by parents or guardians. 6. No dogs will be allowed inside the buildings or on the grounds. 7. The scattering of paper or refuse inside the buildings or on the grounds is prohibited. 8. Any incivility on the part of employees should be reported to the Commissioner having jurisdiction. Visitors are requested not to engage in unnecessary conversation with employees. 9. Fifteen minutes before closing time visitors will be warned by the call "All out." 10. No person will be permitted in a house or wing of the conservatory which is shown to be closed. 11. No smoking will be allowed. 12. Loud, indecent or noisy language is strictly prohibited. Rules and Regulations Relating to the New York Botanical Garden in Bronx Park. 1. The picking of flowers, leaves, fruits, nuts, or the breaking of branches of any plants either wild or cultivated, the uprooting of plants into or from the grounds of the Garden, are prohibited, except by written permission of the Director-in-Chief of the Garden. 2. Leaving or depositing paper, boxes, glass or rubbish of any kind within the grounds of the Garden is forbidden. 3. Dogs are not allowed within the limits of the Garden except in leash. 4. It is forbidden to take fish from within the Garden, or to molest in any way squirrels, birds, snakes, frogs, toads, turtles or any other wild animals. 5. Throwing stones or other missiles, playing ball, foot- ball, tennis or any other game is prohibited. 6. It is forbidden to offer for sale food, candy, news- papers, books, tobacco, beverages, flowers or other objects, without permission from the Director-in-Chief and the Com- missioner of Parks for the Borough of The Bronx. 7. Boating or rafting on the ponds, lakes and streams is forbidden. 8. Trucking, or the driving of business wagons of any kind, is forbidden on the roads of the Garden, except those designated for such purposes. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 273 9. It is forbidden to accept or solicit passengers for any cab, carriage or other conveyance at any point within the grounds of the Garden without written permission from the Director-in-Chief of the Garden and the Commissioner of Parks designated for the Borough of The Bronx. 10. Visitors are not allowed within the Garden after eleven o'clock at night nor before six o'clock in the morning except upon driveways and paths designated for their use between those hours. Ordinances Applicable to the Ordinary Use of the Ocean Boulevard, the Eastern Parkway and the Speedway in the Boroughs of Brooklyn and Queens. Light harness driving on the Speedway, Ocean Parkway (Ocean Parkway, between Bay Parkway and Kings Highway) shall not be restricted as to speed between the hours of sun- rise and sunset; speeding, however, is only to be permitted from Bay Parkway toward Coney Island, and drivers shall be compelled to observe the rules of the road. Automobiles will not be permitted on the Speedway, but must take the west road on the Ocean Parkway, between Bay Parkway and Kings Highway, at all times. Business wagons, trucks, etc., heavy or light, are prohib- ited from using the main drive of the Ocean Parkway, and must use the west road at all times. Business wagons, trucks, etc., must use the block pavement at either side of the m.ain road or the traffic roads of the Eastern Parkway. See ord. app. Feb. 28, 1906, infra. Prospect Park. 1. All lawns in Prospect Park are commons, and may be used as such, except those restricted by special order, and such restricted sections plainly indicated by proper signs. Coney Island Cycle Path. Cyclists must use the west path when going toward Coney Island and the east path in returning. Cyclists must not exceed a speed of twelve miles an hour on the bicycle paths. Racing on the bicycle paths is prohibited, except by special permission of the Commissioner having jurisdiction. Horses, wagons, carriages and pedestrians must not use the bicycle paths. All ordinances or parts of ordinances heretofore adopted affecting the parks, parkways and public places of The City of New York under the jurisdiction of the Department of Parks inconsistent with or in conflict with the ordinances above set forth are hereby repealed. All of the foregoing sections, comprising: chapter 16 of this Code, were adopted as Park Ordinances on March 14, 1904. Park ordinances held reasonable in Matter of Wrig-ht, 29 Hun, 357; Baldwin vs. Park Com'rs, N. Y. Daily Reg. April 8, 1891. 18 274 CODE OF ORDINANCES OF THE CITY OF NEW YOEK. PAET n. Ordinances Afecting that Part of the City of "New York Included Within the Borough of Manhattan. Chapteb 1. — Sales of Commodities, Etc. Article I. — Peddlers, Tenders, Hawkers. Section 1. No licensed peddler, vender, hawker or huck- ster shall permit any cart, wagon or vehicle, owned or con- trolled by him or her, to stop, remain upon or otherwise incumber any street, avenue or highway for a longer period than thirty minutes at one time on any one block. Nor shall any such peddler, vender, hawker or huckster stand in front of any premises, the owner of or the lessee of the ground floor thereof objecting thereto. At the expiration of the thirty minutes aforesaid, any vender, with or without a bas- ket, cart, wagon, or vehicle must be removed to a point at least one block distant. (K. O. 1897, sec. 525.) § 2. No licensed peddler, vender, hawker or huckster shall permit his or her cart, wagon or vehicle to stand on any street, avenue or highway within twenty-five feet of any corner of the curb, nor within ten feet of any other peddler, vender, hawker or huckster. (Id., sec. 526.) § 3. No licensed peddler, vender, hawker or huckster shall use any part of a sidewalk or crosswalk for conducting his or her business, and shall not cast or throw any thing or article of any kind or character upon the street, nor inter- fere with or prevent to any degree the Street Cleaning Department from sweeping or cleaning, or from gathering street sweepings, etc., from the streets or avenues. (Id., sec. 527.) § 4. No licensed peddler, vender, hawker or huckster shall blow upon or used any horn or other instrument for the purpose of giving notice of the approach of any cart, wagon or vehicle in order to sell thereout any article of merchan- dise. (Id., sec. 528.) By ord. app. Aug. 17, 1897, this and the next two sections are made to apply to all persons whether licensed or not. See sec. 7. § 5. No licensed peddler, vender, hawker or huckster, shall cry or sell his or her wares or merchandise on Sunday, nor after nine o'clock P. M., nor cry his or her wares before eight o'clock in the morning of any day except Saturdays, when they shall be allowed to cry or sell their wares or mer- chandise until eleven-thirty o'clock P. M. None of the pro- visions of this section shall be construed as regulating the crying or hawking of newspapers in the territory comprised within the Borough of Manhattan. (Id., sec. 529, with verbal changes.) § 6. No licensed peddler, vender, hawker, or huckster shall be allowed to cry his or her wares within 250 feet of any school, court house, church or hospital between tho CODE OF OKDINANCES OF THE CITY OF NEW YORK. 275 hours of eight o'clock A. M. and four o'clock P. M., on school days; or stop or remain in Nassau street, between Spruce and Wall streets; or in Chambers street, between Broadway and Centre street; or in Fulton street, between Broadway and Pearl street; or in Avenue B, from Houston street to Fourteenth street; or in Avenue C, from Houston street to Fourteenth street; or in Avenue A, between Houston and Seventh streets; Park row, from New Chambers to Ann street; Centre street, from New Chambers street to Park row; and Nassau street, from Park row to Ann street, from eight o'clock A. M. to six o'clock P. M. None of the pro- visions of this section shall be construed as regulating the crying or hawking of newspapers in the territory comprised within the Borough of Manhattan. (Id., sec. 530, with verbal changes. Amend, by ord. app. Oct. 30, 1906, infra.) § 7. So much of the foregoing sections as relate to the crying out of wares, or to other means used to attract attention, is construed and made to-upply to all persons con- ducting business on the public highways, or present thereon for the purpose of doing business, or performing, or offering to perform, any work, labor, or services whatever, whether such person be licensed or not. (Ord. app. Aug. 17,. 1897.) § 8. All licensed peddlers, venders, hawkers or hucksters who shall locate on any street or avenue under the pro- visions of this ordinance, with intention to remain thirty minutes or part thereof, shall use the east and north sides of streets and avenues up to noon, and the west and south sides after noon of any day so using them. This section shall not apply to such venders who are moving along the streets, avenues or highways, without intention to locate at any one point for thirty minutes, or who may be called on by the resident of any building for the purpose of making a purchase. (R. O. 1897, sec. 531.) § 9. The violation of any of the foregoing provisions of this ordinance, or any part thereof, shall be deemed a mis- demeanor, and the offender shall, upon conviction, be fined or imprisoned, or both, as provided by section 85 of the New York City Consolidation Act of 1882. (Id., sec. 532.) Article II. — WeigMs, Measurements and Quality. I I. Weighers of Hay. § 10. No person, except those to whom the Mayor shall grant a license under section 111 of the New York Consoli- dation Act, shall erect or have any scale or apparatus for weighing hay on any avenue or public place in the Borough of Manhattan, under a penalty of twenty-five dollars. (R. O. 1897, sec. 610, with verbal changes.) § 11. The Mayor shall designate in all licenses granted by him the location at which the persons licensed shall erect their respective scales for weighing hay, and such license shall convey an authority and permission to erect at sucli 276 CODE OF ORDINANCES OF THE CITY OF NEW YORK. location, under the direction of the President of the Borough, a scale for weighing hay, in the mode previously in use in the former city of New York. (Id., sec. 611, with verbal changes.) § 12. The fee charged on granting license shall be twenty- five dollars a year. (Id., sec. 612.) § 13. In case of weighing bale-hay, the licensed weighers shall designate in the certificate given by them the amount of tare on each bale, and shall legibly mark the amount of said tare on each bale, as well as the gross weight, under a penalty of ten dollars for each omission to mark the said tare. (Id., sec. 613.) § 14. No weigher of hay shall charge any person applying for his services as such weigher, and for a certificate of the weight of any hay, more than six cents on each bale for weighing and marking the same, and for a certificate thereof. (Id., sec. 614.) II, The Sale and Manufacture of Bread. § 15. All bread baked and offered or exposed for sale in the Borough of Manhattan shall be made of good and whole- some flour and meal, and sold by avoirdupois weight. (Id., sec. 615, with verbal changes.) § 16. If any baker or other person shall make for sale, offer or procure to be sold, any bread of any other than wholesome flour or meal, or shall sell the same contrary to the preceding section of this article, such person shall for- feit and pay the sum of ten dollars for every such offense. (Id., sec. 616.) § 17. All loaf bread offered for sale in this borough not in conformity with the provisions of this article shall be forfeited, and shall and may be seized and disposed of for the use of The City of New York. (Id., sec. 617, with verbal changes.) III. Coal. § 18. No person shall unload, vend or expose for sale, any charcoal at either of the slips in front of the public markets of the Borough of Manhattan, under the penalty of ten dol- lars for every such offense. (Id., sec. 619, with verbal changes.) § 19. In the sale of anthracite coal the hundred-weight shall consist of 100 pounds avoirdupois, and twenty such hundred-weight shall constitute a ton. (Id., sec. 620.) IV. Sale of Poultry. § 20. No turkeys or chickens shall be offered for sale in the borough, unless the crops of such turkeys and chickens are free from food or other substance and shrunken close to their bodies. That all fowls exposed for sale in violation of this ordinance shall be seized and condemned; such of them as shall be tainted shall, upon examination, be CODE OF ORDINANCES OF THE CITY OF NEW YORK. 277 destroyed, and the rest which is fit for food shall be used in the public institutions of the city. (R. O. 1897, sec. 536.) § 21. Every person exposing for sale any chicken or tur- key in contravention of this ordinance shall be liable to a penalty of five dollars for each chicken or turkey so exposed for sale. (Id., sec. 537.) y. Firewood, Hay and Straw. § 22. No firewood shall be sold otherwise than according to the following regulations, that is to say: The stanchions of each cart or sled which shall be employed in the carrying of such wood shall be five feet four inches high from the floor of the cart or sled, and no higher; and the breadth of such cart or sled between the two foremost stanchions shall be two feet five inches, and between the two hindmost stanchions two feet nine inches, and no more; in which space between the two stanchions every oartman who shall cart any wood shall stow as much and as close together as can conveniently be put or as much of it as v\dll amount to thirty-seven feet ten inches, and two-thirds of an inch cubic measure, which shall constitute and be deemed a load, and shall and may be bought and sold accordingly. (Id., sec. 622.) § 23. No person or persons shall buy or sell any firewood contrary to the above regulations; and no cartman shall cart any firewood brought to the Boroiigh of Manhattan for sale except in carts made and constructed as by law directed and loaded as above mentioned under the penalty of five dollars for each offense. (Id., sec. 623, with verbal changes.) § 24. No crooked wood shall be stowed in any cart or sled constructed in manner aforesaid with other wood, but the same may be sold or disposed of as refuse wood, not subject to the above regulations; and if any cartman who shall cart firewood shall put, or suffer to be put, in his cart any such crooked wood as will prevent his cart from containing a full load between the stanchions thereof, he shall for every load so carried forfeit the sum of one dollar. (Id., sec. 624.) § 25. Hereafter it shall not be lawful for any person to sell or offer to sell, within the limits of the Borough of Manhattan, any hay or straw by the bale, unless the exact gross and net weight shall be legibly and distinctly marked on every such bale of hay or straw, under a penalty of ten dollars for each bale of hay or straw so sold or offered for sale in contravention of the provisions of this ordinance. (Id., sec. 623, with verbal changes.) Article III. — Sales and Auctions in the Public Streets. § 26. Hereafter it shall not be lawful for any person to sell or offer for sale in any of the streets, avenues or public places wdthin the limits of the Borough of Manhattan, any sawdust, except in bags securely tied, which shall neither be filled or emptied, nor the contents thereof permitted to be 278 CODE 01 ORDINANCES OF THE CITY OF NEW YORK. scattered or blown about in any such street, avenue or public X^lace, under a penalty of twenty-five dollars for every viola- tion of the provisions of this ordinance. (Id., sec. 635, with verbal changes.) § 27. No auctioneer, or his agent or servant or any other person, shall sell at auction or expose for sale or lay or place any goods, wares, merchandise or other thing in any street, road, lane, highway or public place in the Borough of Manhattan, unless such person shall first obtain the con- sent or permission, in writing, of the occupant of the lot or building before which such articles or any part thereof shall be placed or exposed for sale, under the penalty of ten dollars for every such ofEense, to be sued for and recov- ered from the seller, auctioneer or his agent, severally and respectively. (Id., sec. 636, with verbal changes.) § 28. No person shall sell or expose for sale or lay or place in any street, lane, road, highway or public place, at any time between the first day of June and the first day of November in each year any salted beef or pork, dried or pickled fish, blubber, hides, cotton or wool, under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. (Id., sec. 638.) § 29. Every article exposed for sale at public auction, or sold in any public place, street, lane, road or highway in the Borough of Manhattan, shall be removed from the same by the setting of the sun of the day of selling or exposing for sale, under the penalty of ten dollars for each offense, to be sued for and recovered from the auctioneer, his agent or the purchaser thereof, severally and respectively. (Id., sec. 640, with verbal changes.) § 30. No bellman or crier, nor any drum or fife, or other instrument of music, or any show-signal or means of attract- ing the attention of passengers other than a sign or flag, shall be employed or suffered or permitted to be used at or near any place of sale, or at or near any auction room, or at or near the residence of any auctioneer, or at or near any auction whatsoever, under a penalty of ten dollars for each offense, to be sued for and recovered from the person ■using the same and the auctioneer or his agent suffering or permitting the same, severally and respectively. (Id., sec. 641.) § 31. No auctioneer or other person shall sell or expose for sale at public auction or vendue, any dry goods, hard- ware, woodenware or tinware, by retail or in small parcels or pieces, in any public street, lane, highway or public place in the Borough of Manhattan (articles of household furni- ture at the places and as hereinbefore provided alone ex- cepted), under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. (Id., sec. 642, with Terbal changes.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 279 § 32. No auctioneer or his agent or servant shall sell or expose for sale at public auction any goods, wares, merchan- dise or other thing whatsoever, to any person or persons who at the time of bidding for the same, or whilst examin- ing the same, shall be on the sid£walk or carriageway of any of the streets of the Borough of Manhattan, under the penalty of ten dollars for every such offense. (Id., sec. 643, with verbal changes.) § 33. No auctionejer or his agent or servant, or any other person, shall lay or place, or sell or expose for sale, any article of household furniture in any street or public place in the Borough of Manhattan, other than such as is herein- before designated or mentioned, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer or his agent or servant, severally and respectively. (Id., sec. 645, with verbal changes.) Article IT. — Sale and DisclKirge of Firearms, Etc. § 34. No cannon or piece of artillery shall be discharged or fired off in any street, avenue, lane or public park or place within the Umits of the Borough of Manhattan, with- out a written permission from the Mayor, under a penalty of twenty-five dollars for every offense. In no case shall the calibre of the cannon exceed four pounds. The pro- visions of this section, except that relating to the calibre x)t the cannon, shall not apply to the fourth day of July in each and every year. (R. O. 1897, sec. 71, with verbal changes.) Special ordinances permitting use of fireworks on special occa- sions are invalid. Landau vs. City N. Y., 180 N. T. 48. § 35. Any person or persons, commander or other officer, or private of any artillery or other military company, troop of horse, corps, regiment, battalion, brigade or division, who shall violate any or either of the provisions of this article 6f these ordinances, or shall cause or permit the same to be done, shall severally forfeit and pay the sum of fifty dollars for each discharge or firing off of any piece of artillerv, to be paid into the citj'' treasury for the use of the city. (Id., sec. 716.) § 36. The sale or use of the instrument known as the " patent flying cap exploder " is hereby prohibited within the limits of the Borough of Manhattan, under a penalty of ten dollars for each offense, to be imposed by any city magistrate of The City of New York, upon the arrest of any offender, after proof of the violation of the provisions of this ordinance. (Id., sec. 720, with verbal changes.) § 37. The sale or disposal to minors of toy or other pistols that can be loaded wdth powder and ball or blank cartridge to be exploded by means of metal caps, is hereby prohibited, under penalty of a fine of ten dollars for each offense, said fine to be imposed by any city magistrate of this city, upon the arrest of any offendjer, after due proof of a violation of 280 CODE OF OBDINANCES OF THE CITY OF NEW YOEK. this ordinance. Nothing herein contained shall apply to the sale or disposal of what are known as firecracker pistols, torpedo pistols or such pistols as are used for the explosion of paper caps. (K. O. 1897, sec. 538, as amend, by ord. app. Nov. 14, 1906, infra.) Chapter 2. — Nuisances. § 38. No person shall swim or bathe in any of the waters within the jurisdiction of the Borough of Manhattan, except in public or private bathing houses, unless covered with a bathing suit so as to prevent any indecent exposure of person, under a penalty of five dollars for each offense; nor shall any person dress or imdress in any place in said borough, exposed to view, under a like penalty. (R. O. 1897, sec. 662, with verbal changes.) § 39. No person shall beat any drum or instrument for the purpose of attracting the attention of passengers in any street in the Borough of Manhattan, to any show of beasts or birds or other things in said city; nor shall any person use or perform with or hire, procure or abet any other person to use or perform with any musical or other instru- ment, in any of the streets or public places in the Borough of Manhattan. The provisions of this section shall apply only to itinerant musicians and side-shows, and shall not be construed so as to affect any band of music or organized musical society engaged in any military or civic parade or in serenading, who shall comply with the laws of the State relating to parades in The City of New York, or to any musical performance conducted under a license from the proper municipal authority. No person shall use or perform with or hire, procure or abet any other person to use or per- form with, any hand organ in any of the streets or public places in the Borough of Manhattan, before the hour of nine a. m. nor after the hour of seven p. m. of each day, nor during any part of the first day of the week, cftmmonly called Sunday, nor within a distance of 500 feet of any school house or house of public worship, during school hours or hours of public worship, nor within a like distance of any hospital, asylum or other public institution, nor within a distance of 250 feet of any dwelling house or other building, when directed or requested by an occupant thereof not to so perform. No person shall use or perform upon any hand organ except such organ shall be licensed as here- inafter ordained. Upon the payment of a license fee of one dollar per annum, the Mayor may license such number of organs as he may deem proper, not to exceed, however, the total number of 300. Such license must be conspicuously displayed upon the front of said organ. No person using or performing any hand organ licensed as hereinbefore recited, shall solicit, ask or request any money for such use or performance in any way, shape or manner, directly or indirectly. Any violation of this ordinance or any part CODE OF ORDINANCES OF THE CITY OF NEW YORK. 281 thereof shall be a misdemeanor, and punishable by a fine not exceeding ten dollars, or imprisonment not exceeding ten days for each offense. (Id., sec. 667, with verbal changes.) The validity of licenses to use musical instruments sustained. Roderick vs. Whitson, 51 Hun, 620; People vs. Garabel, 20 Misc. 127. § 40. No person within the Borough of Manhattan shall, from any window or open space situated in any story of a house above the street floor, which window or open space is visible from the street, or from the sidewalk on the opposite side of the street, exhibit to the public upon said street, or upon the opposite sidewalk, any pantomime per- formance of puppet or other figures, ballet or other dancing,, comedy, farce, show with moving figures, play or any other entertainment of the stage or dramatic performance, or of that nature, under penalty of ten dollars for each such offense. (Id., sec. 668, with verbal changes.) § 41. No advertising trucks, vans or wagons shall be allowed in the streets of the Borough of Manhattan, under a penalty of ten dollars for each offense. Nothing herein contained shall prevent the putting of business notices upon ordinary business wagons, so long as such wagons are engaged in the usual business or regular work of the owner, and not used merely or mainly for advertising. (Id., sec. 669, with verbal changes.) § 42. It shall not be lawful for any person to place or keep on any window sill, railing of balcony, top of porch or any other projection from any house or other building in the Borough of Manhattan, any earthen flower pots, wooden box or other article or thing whatever for the cultivation or retention of flowers, shrubs, vines or any other article or thing whatever, unless every such flower pot, box or other article is securely and firmly fastened or protected by iron railings, so fastened as to render it impossible for any such pot, box or other article to fall into the street, under a penalty of ten dollars for every offense, to be recov- ered in the manner now specified by law for the collection of fines imposed for violations of ordinances of the said borough. (Id., sec. 671, with verbal changes.) Chapter 3. — Partition Fences and Walls. § 43. All partition fences in the Borough of Manhattan shall be made and maintained by the owners of the land on each side, and each party shall make and keep in repair one-half part thereof when it can be conveniently divided. (R. O. 1897, sec. 697, with verbal changes.) § 44. In case of any dispute between the parties concern- ing the division of any such fence, or as to what part or portion of it shall be made or repaired by each party, respectively, and in all cases of dispute concerning the suffi- ciency of any fence ii^ tlje Boroug^h of Manhattan, the matter 282 CODE OF ORDINANCES OF THE CITY OF NEW YORK. shall be determined by the Alderman for the time being- of the district in which such partition or other fence may be situated. (Id., sec. 698, with verbal changes.) § 45. When any partition fence cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. (Id., sec. 699.) § 46. When the regulation of a lot. In conformity with the street on which it is situated, shall require the ground of such lot to be raised and kept up higher than the ground of the adjoining lot or lots, and a partition wall for sup- porting the same shall be necessary, such partition wall shall be made and maintained by the owners, respectively, of the •land on each side; and when the same can be equally divided each party shall make and keep in repair one-half part thereof. (Id., sec. 700.) § 47. If any dispute shall arise concerning the division of such partition wall between the parties, or as to what part or portion of it should be made or repaired by each, respect- ively, or concerning the sufficiency of any such partition wall, the same shall be determined by the Alderman. (Id., sec. 701.) § 48. Where any partition wall cannot conveniently be divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. (Id., sec. 702.) § 49. The regulation of lots, in conformity with the street, shall be calculated not to exceed a descent of two inches on every ten feet. (Id., sec. 703.) § 50. Where any owner or owners shall insist on main- taining his, her or their ground higher than such regulation, the surplus partition wall w^hich may be necessary to sup- port such height shall be made and maintained at the indi- vidual expense of such owner or owners. (Id., sec. 704.) § 51. Where any such owner or owners shall insist on regulating his, her or their grounds with a descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground on the adjoining lot, regu- lated in conformity with the preceding section, shall, in like manner, be made and maintained at the individual expense of such owner or owners. (Id., sec. 705.) § 52. If any person whose duty it may be to make or repair any partition fence or partition wall, or any part thereof, in pursuance of the provisions of this law, shall neglect so to do for six days after being requested, in writing, by the owner or occupant of the adjoining ground, it shall be lawful for such owner or occupant to make or repair such partition fence or wall, or cause the same to be done, and to recover from such person the expense of mak- ing or repairing so much thereof as ought to have been made or repaired by him or her, together with cosi; of suit, in any court having" cognizance thereof. (Id., sec. 706.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 283 § 53. All outside and boundary fences and all fences erected on the line of any public road, street, lane or avenue in the Borough of Manhattan shall be at least five feet high, and shall be built of good and substantial materials, and sufficient in all respects to keep out and prevent the encroachments of cattle, sheep, hogs and other animals, and shall be kept in good repair and of the height above men- tioned. (Id., sec. 707, with verbal changes.) § 54. The owner or owners, lessee or lessees, tenant or tenants, of any lot, piece of ground or premises, upon which any fence not of the height, and that shall not be erected in the manner and maintained at the height mentioned in the preceding section, or who, having erected the same, shall not keep the same in good repair, shall not recover for any damage he, they or she may sustain from cattle, sheep, hog or other animal doing damage upon his, their or her premises; nor shall any cattle, sheep or other animal be placed in pound for doing damage, unless such fence be erected and kept of the height and in the manner mentioned in the last preceding section. (Id., sec. 708.) § 55. In case of any dispute between the parties concern- ing any fence embraced within this article, or the suffi- ciency thereof, the matter shall be determined by the Alder- men for the time being of the district in which such fence may be situated. (Id., sec. 709.) Chapter 4. Article I. — Surface Railroads. § 56. Each and every passenger railroad car running in the Borough of Manhattan shall pay into the city treasury the sum of fifty dollars annually for a license; a certificate of such payment to be procured from the Mayor, except the one-horse passenger cars, and the cars of the Ninth Avenue Railroad Company, which shall each pay the sum of twenty- five dollars annually for said license as aforesaid, and except such as pay the sum of three per cent or over on the gross receipts, or where the franchise has been sold at public sale to the highest bidder. (Id., sec. 584, with verbal changes.) As to small one-horse cars, see Mayor, etc., N, Y. C. vs. Twenty- third St. R. Co., 62 Hun, 545. Where a license was required for horse cars from a company which was liable to pay license fees by the terms of its charter, held valid. Mayor, etc., of N. Y. vs. Broadway and Seventh Ave. R. R. Co., 97 N. Y. 275, dist'g- Mayor vs. Second Ave., 32 N. Y. 261, and Mayor vs. Third Ave., 33 N. Y. 42. As to liability of Eighth Avenue Railroad to pay license fees for cars according to its agreement with the city, see Mayor, etc.. of N. Y. vs. Eighth Ave. R. R. Co., 118 N. Y. 389. Coach, as used in the old ordinance, must be reasonably interpreted to include cars now. Mayor, etc., of N. Y. vs. Third Ave. R. R. Co., 117 N, Y. 404, and where the license is required of every coach it must be paid by every car, no matter what may be the mode of propulsion. Citv of N. Y. vs. Third Ave. R. R., Greenbaum, J., N. Y. Law Journal, Feb. 25, 1904. 284 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. § 57. Each certificate of payment off license shall be affixed to some conspicuous place in the car, that it may be inspected by the proper officer, to be designated and appointed by the Mayor. (Id., sec. 585.) § 58. For every passenger car run upon any of the rail- roads without the proper certificate of license, the pro- prietor or proprietors thereof shall be subject to a penalty of fifty dollars for each day every such car shall be so run, to be recovered by the Corporation Counsel, as in the case of other penalties, and for the benefit of the city treasury. (Id., sec. 586, with verbal changes.) § 59. Every railroad car company whose cars are pro- pelled or driven within the limits of the Borough of Man- hattan shall provide each passenger car, baggage car, freight car or other vehicle in use by said company upon their tracks or track of other companies used by them, within the borough limits, with a good light or lantern, which shall be placed in a conspicuous position on the front of the car, to warn persons of its approach, between sunset and sunrise of each day. (Id., sec. 587, with verbal changes.) § 60. Every such company which shall refuse or neglect to conform with the provisions of the foregoing section shall be subject to a penalty of $100 for each and every trip, or part of trip, through the borough limits made by a car of such company that is not provided with said light, such penalty to be recovered in the name and for the use of The City of New York. (Id., sec. 588, with verbal changes.) § 61. It shall not be lawful for any railroad company to operate any cars upon any portion of its route in the streets or highways of the Borough of Manhattan, without providing for the operation and management of every such car a conductor as well as a driver. (Id., sec. 589, with verbal changes.) This does not apply to consolidated lines. Brooklyn Crosstown L. Co. vs. City Brooklyn, 37 Hun, 413. § 62. For every trip or part of a trip made by any car of any street railway company, in violation of the provisions of the foregoing section of this ordinance, the company so offending shall be subject to a penalty of fifty dollars for each trip or part of a trip which such car shall so make, to be recovered by the Corporation Counsel, as in the case of other penalties. (Id., sec. 590, wdth verbal changes.) § 63. In all cases where, by law, a passenger is entitled to be carried for one fare over the route or routes of any company or companies operating a street surface railroad or railway in the Borough of Manhattan, and such company or companies shall require to transfer such passenger from one car to another, there shall be conspicuously posted and maintained by such company or companies, on the inside of every car employed in traversing such route or routes, a notice that a transfer ticket will be furnished without addi- tional charge to each and every passenger who, having paid CODE OF OKDINANCES OF THE CITY OF NEW YOBK. 285 one fare, desires to traverse such route or routes. (Id., sec. 593, with verbal changes.) § 64. Every violation of the foregoing provisions of this ordinance shall subject such company or companies to a penalty of five dollars for each day, or part thereof, during which the notice above provided for shall not be posted and maintained as hereinbefore required, and each and every of the cars included in the foregoing section of this ordi- nance, to be recovered on behalf of The City of New York by the Corporation Counsel, in any court of competent jurisdiction. (Id., sec. 594, with verbal changes.) § 65. The several railroad companies now running cars on the surface of any streets in the Borough of Man- hattan are hereby directed and required to cause their cars to be run and operated on their tracks as frequently as public convenience may require, and not less than one car every twenty-four minutes, between the hours of twelve midnight and six o'clock a. m., each and every day, both ways, for the transportation of passengers. (Id., sec. 595, with verbal changes.) In a suit to enforce the penalty evidence was offered to show that the ordinance was unreasonable, but it was not received. Held reversible error. Mayor, etc., vs. Dry Dock East Broadway R. R. Co., 133 N. Y. 104. See Mayor vs. N. Y. Harlem R. Co., 10 Misc. 417. Where fenders w^ere required on the front platforms of Brooklyn cars, held to be unreasonable. City of Brooklyn vs. Nassau Electric Co., 38 App. Div., 365. § 66. Each and every company who shall neglect or refuse to comply with the provisions of section 1 of this ordi- nance shall thereby incur a penalty of $100 for each and every such neglect or refusal, to be recovered by the Cor- poration Counsel, as in the case of other penalties. (Id., sec. 596, with verbal changes.) § 67. It shall be the duty of every person, company or corporation, operating or controlling any railroad in the Borough of The Bronx, City of New York, upon which cars are drawn by locomotive engines other than those known as " dummies," to erect and maintain suitable and sub- stantial gates or doors on each and either side of said railroad, at every point in said borough at which its road or tracks cross any public street, road or avenae at the grade thereof. Such gates or doors shall be kept well painted and in good repair, and be attended at all times during the approach and passage of cars or trains by sober, careful and experienced men, whose duty it shall be to keep the tracks clear of all horses, cattle and vehicles, to prop- erly warn all the persons against crossing said track dur- ing the approach of any train, locomotive or car, and to close said gates or doors at least one minute before the passage of any locomotive, engine or car over said public street, road or avenue. (Id., sec. 597, with verbal changes.) § 68. It shall not be lawful for any person, company or corporation, operating or controlling any railroad in the 286 CODE OF OBDINANCES OF THE CITY OF NEW YORK. Borough of The Bronx, City of New York, to run or allow to run any locomotive or locomotive and tender without cars across any public street, road or avenue in said borough, unless the gates or doors at such crossing are closed or down, or to permit any locomotive or steam engine, car, carriage, wagon or vehicle of any kind whatever to stand for a longer time than five minutes on the intersection caused by the crossing of such railroad and any public street, road, or avenue at the grade thereof. (Id., sec. 598, with verbal changes.) § 69. Every failure to comply with the provisions of this ordinance on the part of the president, directors, super- intendent or other officers of any company or corporation, or on the part of any person or persons operating or con- trolling any such railroad, shall be deemed a misdemeanor, and the person or persons so offending shall be punished on conviction before any of the City Magistrates of The City of New York, pursuant to the provisions of section 85 of The New York City Consolidation Act of 1882. (Id., sec. 599, with verbal changes.) § 70. It shall be unlawful for any railroad company or companies using the tunnel or tunnels in Park avenue, and for any manager, employee or servant of such company or companies to permit bituminous coal smoke to escape from any locomotive while in or running through said tunnels. (Id., sec. 600, with verbal changes.) § 71. Any company, manager or employee or serrant of any railroad company or companies who shall allow or suffer any violation of this ordinance to be committed within any of said tunnels shall pay a penalty of fifty dollars, and in default of payment of such fine, shall be punished by imprisonment, as provided by section 85 of the New York City Consolidation Act of 1882. (Id., sec. 601, with verbal changes.) § 72. Such penalty shall be without prejudice to the right of action of any person injured by violation of this ordi- nance. (Id., sec. 602.) § 73. The several railroad companies whose lines ter- minate at the port of New York may draw or cause to be drawn their freight cars by the use of dummy engines fur- nished by the said railroads, or the Central Park, North and East River Railroad Company as may be agreed upon, between the hours of seven o'clock in the evening and five o'clock in the morning, between the fifteenth day of April and the fifteenth day of September, and between the hours of six o'clock in the evening and five-thirty o'clock in the morning, between the fifteenth day of September and the fifteenth day of April in each year, over the railroad tracks used by the said Central Park, North and East River Rail- road Company on West street, and from West street to and on the East river side of the Borough of Manhattan as far as Grand street, with the consent of said company, and also CODE OF ORDINANCES OF THE CITY OF NEW YORK. 287 to lay down railroad tracks to and upon any of the bulk- heads and piers and into warehouses on the North and East rivers to connect with any railroad tracks now laid on West street, and also to connect with any railroad tracks from West street to Grand street, on or near the East river, used by the said Central Park, North and East Eiver Eailroad Com- pany, with the necessary branches, switches and turnouts, and to run their freight cars thereon, provided the consent of the owners, lessee or lessees of said bulkheads and piers and warehouses for the construction of said branches, switches and turnouts be first had and obtained. Every railroad company which shall avail itself of the permission hereby granted shall limit the number of loaded cars to be drawn by a dummy engine at any one time to fifteen and the speed of said engine to six miles an hour, and shall pay to The City of New York an annual license fee of fifty dollars for each dummy engine run by said company. None of said cars shall be permitted to stand on said railroad tracks, nor shall they be loaded or unloaded except on said bulkheads and piers or in said warehouses. Provided always that said Central Park, North and East River Railroad Com- pany shall extend equal privileges to said first-mentioned companies in the use of its railroad tracks. (Id., sec. 603, with verbal changes.) § 74. The Sixth Avenue Railroad Company, or the Metro- politan Street Railway Company, lessee thereof, shall be required to run cars over so much of its route as continues from West Third street and Sixth avenue to Carmine street, to Varick street, to Katts street, to the Desbrosses street ferry and return, in the Borough of Manhattan, at intervals of not more than five minutes between the hours of five o'clock a. ra. and eleven o'clock p. m., under a penalty of twenty-five dollars for each violation of this provision. (Ord. app. Feb. 21, 1899.) § 75. The Metropolitan Street Railway Company be and and it is hereby directed to have placed on each and every car operated on the Lexington avenue branch of its system a sign indicating in plain letters the exact stopping point at the end of the run of each and every car so operated on said Lexington avenue branch of the railroad system of the Metropolitan Street Railway Company. (Ord. app. Dec. 19, 1899, sec. 1.) § 76. Each and every violation of the provisions of the foregoing section shall be subject to a fine of not less than ten dollars ($10). (Id., sec. 2.) Article II. — Elevated Railroads. § 77. There shall be placed or suspended and lighted, beneath each depot station of the several elevated railways in the Borough of Manhattan, two lights of gas, or other illuminating material of not less power, inclosed in " boule- vard lamps " or g-lass globes, of such pattern and in such 288 CODE OF ORDINANCES OF THE CITY OF NEW YOEK. places under said depots as shall be approved by the Presi- dent of the Boroug-h, and every such light shall be kept burning- during the same hours as the ordinary street lamps. Every failure to comply with the provisions of this section on the part of the president, superintendent, direct- ors or other officer of every such railroad company, shall be deemed a misdemeanor, and shall be punished, on con- viction before any of the City Magistrates of The City of New York, by a fine not exceeding ten dollars ($10) for each offense, or in default of payment of such fine, by imprison- ment not exceeding ten days. (R. O. 1897, sec. 608, with verbal changes.) § 78. It shall not be lawful to permit any oil, grease, water, coals, scraps of iron, tools, or other liquid or solid substances, to fall or be dropped or be thrown from any engine, car, track, depot or other part or portion of the elevated railroads, into or upon any street, avenue or pub- lic place in the Borough of Manhattan; and every person offending against the above provisions of this section, and the president, superintendent, directors or other officers of every such railroad company who shall permit or allow any of the employees, agents, or servants of any railroad company to violate any of said provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof before any of the City Magistrates of this city, shall pay a fine not exceeding ten dollars ($10) for each offense. or in default of payment of said fine, shall be punished by imprisonment not exceeding ten days. (Id., sec. 609, vsdth verbal changes, amend, by ord. app. Nov. 23, 1906.) § 79. All elevated railroad companies or other companies t)perating elevated railroads in the Borough of Manhattan shall place a guard-rail and a board pathway on each side and in the center of such elevated railroad structures throughout the entire length thereof and keep and maintain the same, and that for a violation of this ordinance each elevated rail- road company or other company operating such railroads shall be liable to a fine of not less than fifty dollars ($50) for each day of such violation. (Ord. app. Nov. 8, 1899.) Chapter 5. — Miscellaneous Ordinances. Article I. — To Prevent Injury to Hose at Fires. § 80. The driver of any vehicle who shall drive any such vehicle over or across any hose in use, or about to be used, or while lying in the carriageway after being used in any street, avenue or public place in the Borough of Manhattan, by any portion of the Fire Department, for extinguishing any fire that may occur within the limits of said borough, shall be deemed guilty of a misdemeanor, and on conviction thereof before any City Magistrate, shall pay a fine of ten dollars, or in default of the payment of such fine, by imprisonment, provided such imprisonment does not exceed 4/ODE OF ORDINANCES C-I- ?HE CITY OF NEW TORE. 289 fen days. (E. O. 1897, sec. 710, with verbal changes, amend, by ord. app. Nov. 23, 1906.) § 81. The provisions of the last preceding- section shall not apply to drivers of wagons carrying the United States mail, to drivers of ambulances, when conveying any patient or injured person to any hospital, or when proceeding to the scene of any accident by which any person or persons have been injured; or to any driver of any vehicle who may be permitted to drive over or across any such hose by the officer of the Fire Department in command of the force operating at any such fire, and under his direction. (Id., sec. 711.) Article II.— Placards on Lamp-posts, Etc, § 82. No person shall attach, place or paste, or cause to be attached, placed or pasted any sign, advertisement, notice or hand bill, or other matter, on any curbstone, flagstone or any other portion or part of any sidewalk or curbstone in the Borough of Manhattan, under a like penalty. (R. O. 1897, sec. 730, with verbal changes.) § 83. The violation of any of the provisions of the pre- ceding section shall be punishable by a fine of not less than one dollar or more than ten dollars. (Id., sec. 731.) Article III. — Defacing Sidewalks, § 84. No person shall deface any sidewalk in the Borough of Manhattan, by printing thereon any advertisement or other matter, without the consent of the owner thereof, under penalty of five dollars for each offense. (Id., sec. 732, with verbal changes.) Article lY. — Blasting of Bocks. § 85. In all cases of blasting rock within the Borough of Manhattan, each blast, before firing it, shall be covered on the top and sides with tin sufficiently large to cover the rock to be broken, and the tin to be covered with at least twelve timbers ten inches square and ten feet long each, to be held together at each end by a chain of either steel or iron three-quarters of an inch in diameter. The explosive to be used shall not exceed one pound in weight of forty per cent explosive for each four feet depth of hole that is not ten feet below the curb, and one pound in weight of sixty per cent explosive for each four feet depth of hole that is more than ten feet below the curb. (Id., sec. 737, with verbal changes.) § 86. Three minutes' notice before firing the blasts shall be given by displaying a red flag on a staff not less than ten feet high, set in a conspicuous place within twenty-five feet of the point where the charge is placed, and also by calling out the words "A blast " several times repeated and loud enough to be distinctly heard at a distance of 200 feet from the point of discharge, and shall notify the occupants 19 290 CODE OF ORDINANCES OF THE CITY OF NEW YORK. of all houses within three hundred (300) feet of the place of blasting on the morning of each day upon which blasting shall be done. (Id., sec. 738.) § 87. For every violation of either of the preceding sec- tions of this article the offending party, upon complaint and conviction thereof before a City Magistrate, shall be liable to a fine of twenty-five dollars, and stand committed until the same is paid. (Id., sec. 739.) Article Y. — Ice Wagons. § 88. It shall not be lawful for the owner or driver of any wagon used for the sale of ice in any of the streets, avenues or public places in the Borough of Manhattan, to permit or allow the scale thereon, or the beam to which it may be attached, or other implements for handling ice, to project or hang outside or beyond the side or end of such wagon when in motion, under the penalty prescribed by section 85 of the New York Consolidation Act. (Id., sec. 783, with verbal changes.) Article YI. — Racing Horses. § 89. No person shall run or race any horse in any public street, road or avenue in the Borough of Manhattan, nor shall consent to or suffer such racing under the penalty of fifty dollars, to be recovered from the person or persons who shall so race, or suffer or permit such racing, and the owner, rider and the person having charge of any animal which shall so race and run, severally and respectively. (Id., sec. 375, with verbal changes.) § 90. The last preceding section of this article shall be construed to prevent and punish the running, racing or trotting of any horse or horses, for any trial of speed, or for the purpose of passing any other horse or horses, whether the same be founded upon any stake, bet or other- wise. (Id., sec. 376.) § 91. No person shall drive any horse before a sleigh or sled through any of the public streets or avenues of the Borough of Manhattan, unless there shall be a sufficient number of bells attached to the harness of such horse and sleigh or sled to warn persons of his approach, under the penalty of ten dollars for each offense, to be paid by the driver, owner or person having the care, charge or keeping thereof, severally and respectively. (Id., sec. 378, with verbal changes.) Article YII. — AutomoUles. § 92. The Mayor of The City of New York shall, from time to time, issue licenses, under his hand and seal, to so many and such persons as he shall think proper, to keep for hire, in the said city, horseless coaches, carriages and cabs, designed for propulsion by electricity supplied by an electric storage battery or batteries, an4 may revoke any CODE OF ORDINANCES OF THE CITY OF NEW YORK. 291 and all of said licenses for cause. (Ord. app. March 20, 1897, Bee. 1.) § 93. The provisions and penalties of the ordinances of said City of New York relating to the licensing of hackney- coaches or cabs and of drivers thereof, and to rates and prices of fares, so far as the same may be consistent, shall apply to coaches, carriages and cabs to be licensed here- under, and to the owners and drivers thereof. (Id., sec. 2.) § 94. Every such horseless coach, carriage or cab shall be equipped with a bell to be used to signal its approach to pedestrians and to other vehicles. (Id,, sec. 3.) * PART in. Ordinances Affectmg that Part of the City of New York Incliided Within the Borough of Brooklyn. Chapter 1. Article I.— The Borough President. Section 1. The Borough President shall have power to grant permits to builders to occupy not to exceed one-third of the carriageway of any street or avenue with building material, provided in his opinion the public interests and convenience will not suffer thereby. Such permits shall provide expressly that they are given upon condition that the sidewalks and gutters shall at all times be kept clear and unobstructed, and that all dirt and rubbish shall be promptly removed from time to time by the party obtaining such permit, and all such permits may be revoked by him at pleasure. No such permit shall be granted to any builder or builders unless such builder or builders shall at the time said permit is granted have on deposit with the Borough President the sum of fifty dollars ($50) as a guarantee that he or they will promptly comply with the conditions of all permits which may be so granted, including the prompt removal of all dirt and rubbish placed upon the street from time to time, and also for the prompt removal after the expiration or revocation of any such permit, of any building material placed upon any street or avenue thereunder. The Borough President is hereby authorized and empow- ered to use so much of the moneys so deposited as may be required to effect the prompt removal of such dirt or rub- bish as may be from time to time left upon the streets by the party making said deposit, and also for the purpose of removing any building material which may remain thereon after the expiration or revocation of any permit under which it was so placed. In case any such deposit shall become impaired or exhausted by its use by said Borough President in the removal of dirt, rubbish or building material, the amount shall be made up immediately to the sum of fifty dollars 292 CODE OF ORDINANCES OF THE CITY OF NEW YORK. ($50), on notice from said Boroug-h President, and in default thereof, all permits theretofore issued to the builder or builders failing to comply with such notice shall be revoked, and no permit shall be thereafter granted him or them until such deposit be made good. Any builder or builders may at any time withdraw his or their said deposit provided said builder or builders hold no unexpired permits and have fully complied with all the con- ditions of all permits theretofore issued, otherwise said builder or builders shall be only entitled to withdraw and receive as much of said deposit as may remain unexpended after the provisions of this section relative to the use of said money for the removal of dirt, rubbish or build|^ng material, as the case may be, have been carried into effect. (Bk. ord. 1886, art. 9, sec. 10, as amend. July 5, 1893, with verbal changes.) § 2. Whenever any person or persons, corporation or cor- porations, association or associations, shall leave any build- ing materials, telegraph poles or other obstructions on any public street or place, or shall make any excavations therein under the authority of any law, ordinance or permit, suit- able lights shall be placed thereon in the night time to indi- cate such obstructions or excavations. Any such person or persons, corporation or corporations, association or asso- ciations neglecting to comply vdth the provisions of this sec- tion, shall be liable to pay a penalty of twenty-five dollars ($25) for each and every offense; provided, however, that nothing herein contained shall be construed to authorize the construction or excavation of any street or place except as the same is authorized or provided by law or ordinance. (Bk. ord. adopted Feb. 6, 1893.) § 3. Any person or persons owning or occupying premises in front of which the gutter has been bridged to facilitate the passage of vehicles, shall keep the gutter under such bridge free from obstructions, and in default of their so doing in any case, the Borough President is authorized to remove said bridge, clean the gutter thereunder and, in his discretion, to replace said bridge or restore said street to its original condition, all of said work to be done at the cost of the said person or persons owning or occupying the said premises, to be recovered by an action to be brought by the Corporation Counsel for that purpose. (Bk. ord. adopted April 17, 1893.) Article II. — The Commissioner of Water Supply, Gas and Electricity. § 4. In case any person shall trespass on any part of the embankment of the reservoirs, or go or remain on the same wdthout permission of the proper persons having charge of the same; or in case any person does not comply with the regulation of the Department of Water Supply, Gas and Electricity, as to the time they shall leave the embankment CODE OP ORDINANCES OF THE CITY OF NEW YORK. 293 of said reservoirs, or the grounds or buildings attached to said reservoirs, that then, and in that case, such person shall be subject to a fine of twenty-five dollars, to be levied and collected in the manner aforesaid; and in default of pay- ment, imprisonment as in like manner, not to exceed tvs^enty- five days in the city prison. Bk. ord. 1886, Ch. 1, art. 10, § 12, with verbal chang-es.) Article III.— Sidewalks and Roadways. § 5. In all streets of the Borough of Brooklyn of the width of forty feet and upward which shall hereafter be paved, the sidewalks or footwalks between the lines of the Btreets and kennels shall be of the following width, that is to say: " In all streets 40 feet wide, 10 feet." "In all streets 50 feet wide, 13 feet." *• In all streets 60 feet wide, 15 feet." *• In all streets 70 feet wide, 18 feet." " In all streets 80 feet wide, 19 feet." " In all streets 80 feet wide, and not exceeding 100 feet, 20 feet." " In all streets less than 40 feet in width, such proportion thereof as may be directed by the Board of Aldermen shall be used and flagged for the sidewalks and footpaths." On all streets of the Borough of Brooklyn of 66 feet which hereafter be paved, the sidewalks or footwalks between the line of the streets and kennels shall be 18 feet in width. (Bk. ord. 1886, ch. 7, sec. 1, as amend. June 18, 1894, with verbal changes.) § 6. All sidewalks in the Borough of Brooklyn which shall hereafter be laid shall be raised from the curbstone in the proportion of two (2) inches on ten (10) feet, under the penalty of ten dollars, to be sued for and recovered from the person laying the same, and the owner or owners of the lot fronting on the sidewalk severally and respect- ively. (Id., sec. 2, with verbal changes.) § 7. All sidewalks in the Borough of Brooklyn, and the flagging or other materials with which the same shall be laid or covered, shall be repaired and kept in repair at the expense of the owner or owners of the prei^ises or lots fronting on or adjoining the sidewalk. (Id., sec. 3, with verbal changes.) § 8. When any sidjewalk in said city shall be out of repair in any way, or the flags or other material with which it is laid or covered shall be loose, broken, decaped, removed or otherwise out of repair, the Borough President shall report the same to the Board of Aldermen, and if, after the authorization thereto by said board, the owner or owners of record of any lot or premises fronting or adjoining such sidewalk shall refuse or neglect to repair the same in a good, sufficient and proper manner, as required by the 294 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Borough President within ten days after a written or printed notice shall have been served by such officer or other person in his name, or such owner or owners, or either of them personally, or shall have been left at the place or residence of such owner or owners, or either of them in this city, or if such owner or owners or any of them do not residie in this city and such notice shall not be personally served, then within fifteen days after such notice shall have been served by mail, addressed to said owner or owners at his place of residence, or where such residence is unknown to the said Borough President, posted in a conspicuous place on said premises, such owner or owners shall severally for- feit and pay twenty-five dollars for each lot fronting on or adjoining the sidewalk which shall not have been repaired by such owner or owners within the time and in the manner above provided. And the Borough President may, vsdth the consent of the Board of Aldermen, after a like notice, or without notice if such sidewalk be in a dangerous condition, cause the same to be repaired as aforesaid at the expense of such owner or owners. The penalty aforesaid and the cost and expense of repairing, where done by the said Borough President to be suj&d for and recovered in the name of The City of New York. The Corporation Counsel shall cause a statement of such cost and expense, together with a descrip- tion of such premises, to be filed in the office of the County Clerk of the County of Kings. (Id., sec. 4, with verbal changes.) § 9. Any owner or owners of property in the Borough of Brooklyn may lay a sidewalk in front of his, her or their premises, of such material and in such a manner as may be prescribed by ordinance, or by the Borough President, but no sidewalk shall be so laid unless under a written permit issued by the Borough President, which permit shall state the kind of material to be used in forming such side- walk. If bluestone or granite flags are to be used, they shall be of the following dimensions, to wit: Not less than five (5) feet in length nor less than three (3) feet in width, and not less than two and one-half (214) inches in thickness at the thinnest part; provided, however, that where a sidewalk is to be laid the full width thereof, the outer and inner courses of flags may be of a lesser length, but shall conform to the other courses in thickness and width. Each and every course to be of flags of uniform length. The specifica- tions for flagging the sidewalks of various streets in the Borough of Brooklyn to be done under public contracts, shall apply to the work to be done under any permit issued as aforesaid in every respect, as to quality of stone, founda- tion for flagging, filling of joints, regulating the grade of sidewalks, relaying of sidewalks to full width, cleaning up rubbish, defective work, condemned material, etc., so far as the same can be made properly applicable to such private CODE OF ORDINANCES OF THE CITY OF NEW YORK. 295 work. The penalty for a violation of any of the foregoing provisions shall be ten dollars for each offense. It shall he the duty of the Borough President to insert in all specifications for flagging sidewalks with blue stone flagging under proceedings for assessing the cost thereof upon the owner of the abutting property, the following provisions: " All flags to be laid under a contract of which these speci- fications form a part shall be of the following dimensions, to wit: Not less than five (5) feet in length, nor less than three (3) feet in width, nor less than two and one-half (21/2) inches in thickness at their thinnest part; provided, however, that when the sidewalk is to be laid the full width thereof, the outer and inner courses of flags may be of a lesser length, but shall conform to the other courses in thickness and width and each and every course shall be of a uniform length. The flags shall be placed upon the carriage- way or sidewalk adjoining the premises in front of which such flagging is to be done and shall not be placed in position until the same have been inspected by some authorized inspector from the Borough President, nor until the bed for such flags shall have been approved by such inspector." (Id., sec, 5, as amend. June 8, 1891, with verbal changes.) § 10. It shall be the duty of the Borough President to remove any flagging which maj'^ be hereafter laid contrary to the provisions of the preceding section, the cost and expense of which, together with the penalty aforesaid, shall be recoverable in any proper form of action of the owner or owners, or occupant of the premises appertaining to the same respectively; such action to be in the name of The City of New York. The Corporation Counsel shall cause a statement of such cost and expense, together with the description of such premises, to be flled in the oflice of the County Clerk of the County of Kings. (Id., sec. 6, with verbal changes.) § 11. In all cases where the sidewalk or carriageway of a street shall be encumbered or obstructed by the caving in or falling off of any dirt, earth, rubbish or anything what- ever, from any lot adjoining such sidewalk or carriageway, it shall be the duty of the owner, owners or occupant of such lot to cause the said dirt, earth, rubbish or other thing to be removed and cleaned from such sidewalk or carriage- way vrithin twenty days after a written or printed notice shall have been served by the Borough President or other person in his name, on such owner or owners, or either of them personally, or shall have been left at the place of residence of such ow^ner or owners, or either of them, in this city, or if such owner or owners or any of them do not reside in this city, and such notice shall not be personally served, then within twenty days after such notice shall be sent by mail, addressed to such owner or owners at his place of residence, or whep. such residence is iinlfnowi^ to 296 CODE OF OEDINANCES OF THE CITY OF NEW YORK. the said Boroug"h President, posted in a conspicuous place on said premises. (Id., sec. 7, with verbal chang-es.) § 12. If such owner, occupant or agent does not remove such dirt, rubbish or anj^thing whatsoever from the side- walk or thoroughfare fronting his premises within the time specified in the foregoing section after notice thereof it shall be the duty of the Borough President to cause the same to be removed at the expense of said owner or owners, his or their occupant or agent, and such expense shall be sued for and recovered in the name of The City of New York, in addition to the penalty imposed by the preceding section. The Corporation Counsel shall cause a statement of such cost and expense, together with the description of such premises, to be filed in the office of the County Clerk of the County of Kings. (Id., sec. 8, with verbal changes.) § 13. Any owner or owners of property in the Borough of Brooklyn may lay a granolithic, cement or concrete side- walk in front of his, her or their premises, but no sidewalk shall be so laid without a written permit issued by the Borough President. Whenever such sidewalk is to be laid there shall be a foundation therefor at least twelve (12) inches in thickness, composed of steam cinders or clean, sharp gravel resting on a firm base. All material, composi- tion and work shall conform to specifications approved by the Chief Engineer and the Borough President, on file in his department; and all provisions of these ordinances as to the inspection of material or work in the flagging of sidewalks or as to the remedy to be applied in the case of flagging improperly laid, shall apply equally to the sidewalks laid under this section. (Id., sec. 9, vdth verbal changes.) § 14. The widths of the roadways and the sidewalks of the streets in the Twenty-ninth and Thirty-second Wards of the Borough of Brooklyn are hereby fixed at the dimen- sions prescribed by the ordinances of the former City of Brooklyn, instead of the dimensions indicated upon the title pages of the maps of the former Towns of Flatbush, New Utrecht, Gravesend and Flatlands, except in the case of the following-named streets and avenues, where the width of roadways and sidewalks shall remain as shown upon the above-mentioned towoi survey maps, and where the streets have already been paved: Thirteenth avenue within the limits of the Twenty-ninth Ward. Sixteenth avenue within the limits of the Twenty-ninth Ward. Malbone street within the limits of the Twenty-ninth Ward. East New York avenue within the limits of the Twenty- ninth Ward. Church avenue for its entire length. Tilden avenue (formerly Vernon avenue), between Flatbush avenue and Holy Cross Cemetery. Cortelyou road for its entire lengj-th, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 297 Clarendon road for its entire lengiih. Avenue E (or Ditmas avenue), between Coney Island ave- nue and West avenue, and betw^een Kemsen avenue and Rockaway avenue. Avenue F, betw^een Rog'ers avenue and Ocean avenue. Flatlands avenue within the limits of the Thirty-second Ward. Rog-ers avenue, from Malbone street to Flatbush avenue. New York avenue, from Malbone street to Church avenue. Albany avenue, from Malbone street to its southerly end. Utica avenue, from East New York avenue to Flatbush avenue. Ralph avenue, from Remsen avenue to Avenue T. Remsen avenue for its entire length. East Ninety-second street for its entire Length." Rockaway parkway for its entire length. Avenue T, between Ralph avenue and Flatbush avenue. Flatbush avenue, between Malbone street and Jamaica Bay. Nostrand avenue, from Malbone street to the boundary line between Thirty-first and Thirty-second Wards. Coney Island avenue within the limits of the Twenty-ninth Ward. Brooklyn avenue, from Church avenue to Avenue C. East Ninety-third street, from Avenue N to Jamaica Bay. East Ninety-eighth street for its entire length. Avenue N, from Remsen avenue to East Ninety-third street, and from Flatbush avenue to Avenue U. Avenue U, from Avenue N to .Jamaica Bay. Linden avenue, from East Ninety-second street to Rock- away parkway. Avenue A within the limits of the Thirty-second Ward. (Ord. app. Feb. 28, 1905.) Chapter 2. — Public Safety and Order. Article I. — General Provisions. § 15. The provisions of this ordinance shall apply to the Borough of Brooklyn, and every part thereof, except in cases where otherwise expressed, and the penalty for vio- lating any of the same shall be ten dollars for each offense, except in cases where a different penalty is by this ordinance imposed for any violation thereof, and every person violating any of such provisions shall be liable for such penalty for each offense respectively. (Bk. Ord. 1886, ch. 3, art. I, sec. 1, with verbal changes.) Article II. — Nuisances. § 16. No person shall swim or bathe in the waters of or abounding the Borough of Brooklyn by daj^ or in such water within 200 feet of any ferry or other public landing place or bridge, at any time, without being clothed so as to pre- vent any indecent exposure of the body. (Id., art. II, sec. 1.) 298 CODE OF ORDINANCES OF THF CITY OF NEW YORK. § 17. No person shall deal, play, or engage in faro, roulette or other device or game of chance, hazard or ad- dress, either as banker, player, dealer, or otherwise, for thjd purpose of gambling. (Id., sec. 4.) § 18. No person shall wash, or cause to be washed, any cart, carriage or other vehicle in any street, avenue or public place. (Id., art. VII, sec. 6.) § 19. No person shall raise or fly, or attempt to raise or fly, any kite in any street or avenue. (Id., art. VII, sec. 11.) § 20. No bean shooter or other instrument for throwing bullets, stones or beans, shall be sold or offered for sale in the Borough of Brooklyn, nor shall any bean shooter or other such instrument be used in said city by any person for throwing bullets, stones or other missiles or carried in said borough by any person, with the intention of being so used, under a penalty of not to exceed ten (10) dollars for each and every offense. (Id., sec. 12, with verbal changes.) § 21. No person shall throw or cast any stone or other missile in, from or to any street, lane, public place or unen- closed ground. (Id., sec. 16.) § 22. No person shall raise or assist in raising a false alarm of fire, or shall make a cry of fire without any apparent cause therefor, for the purpose of an alarm; or shall, unless he be a duly appointed bell ringer, ring any bell for the purpose of raising an alarm of fire, except in case of fire. (Id., sec. 18.) § 23. No person shall encumber or obstruct any street corner or other public place of the Borough of Brooklyn by lounging in or about the same. (Id., sec. 25, with verbal changes.) § 24. No person shall paste, post, paint, print or nail upon any of the curb, gutter or fiagstones, trees, lamp- posts, awning posts, horse posts, telegraph poles, barrels, boxes and hydrants in any of the public streets or avenues of this borough any handbill, poster, notice, sign or adver- tisement, under a penalty of ten dollars for each and every offense. (Id., sec. 26, with verbal changes.) Article III. — Protection from Fire. § 25. No person shall take or use in any bam or stable within the said borough any lighted candle, oil or fluid lamp, or any burning light of any kind whatsoever, unless the same be inclosed and secured in a good glass, horn or other lantern. (Id,, art. IV, sec. 1, with verbal changes.) § 26. No person shall, within the said borough, deposit ashes on the wooden fioor of any building, or in any barrel, or box, or other wooden vessel standing on any such floor, or place any such barrel, box, or other vessel containing ashes, upon any such floor. (Id., see. 6, vdth verbal changes.) § 27. No person shall drive any vehicle over any hose stretched or laid at any fire or alarm of fire in the Borough CODE OF ORDINANCES OF THE CITY OF NEW YORK. 299 of Brooklyn, under a penalty of ten dollars for eacli and every offense. (Id., art. VII, sec. 21.) Article lY. — Atlantic Avenue Railroad Crossing. § 28. No person shall attempt to cross the railroad on Atlantic avenue at any street crossing", while the gates for the protection of such crossings are closed, or being closed, undjer a penalty of five (5) dollars for every offense, and it shall be the duty of the police at once to arrest any person so offending. (Id., ch. 3, art. VII, sec. 33.) Article V. — Tault CoverSy Etc. § 29. No person shall remove or insecurely fix, or cause, or procure, or suffer, or permit to be removed or to be insecurely fixed, so that the same can be moved in its bed, any grate or covering or aperture of any vault or chute under any street or avenue; but nothing herein contained shall prevent the ow^ner or occupant of the building with which such shall be connected, from removing such grate or covering for the proper purpose of such vault or chute, providing he inclose such opening or aperture, and keep the same inclosed while such grate or covering shall be re- moved, with a strong box or curb at least twelve inches high firmly and securely made, and provided that openings of more than twx) square feet of superficial area shall be inclosed at such times with strong railings not less than three feet high, to be approved by the Borough President, and provided further that such grates or covering shall not be removed until after sunrise of any day and shall be replaced before one-half hour after sunset. (Sec. 17, art. VII, ch. 3, Bk. ord. app. Feb. 18, 1895.) Chapter 3.— Partition Fences and Walls. § 30. All partition fences in the Borough of Brooklyn shall be made and maintained by the owners of the land on each side; and each party shall make and keep in repair one-half part thereof, when it can be conveniently divided. (Bk. Ord. 1886, ch. 5, sec. 1, with verbal changes.) § 31. In case of any disputes between the parties con- cerning the division of any such fence, or as to what part or portion of it shall be made or repaired by each party respectively, and in all cases of dispute concerning the insuf- ficiency of any fence in the Borough of Brooklyn, the matter shall be determined by an Alderman of the borough residing in the ward in which such partition or other fence is situ- ated, or by an Alderman residing in an adjacent ward, in case there should not be a resident Alderman vdthin the boundaries of the ward in which such dispute arises. (Id., sec. 2, with verbal changes.) § 32. .When any partition fence cannot be conveniently divided, the same shall be made and kept in repair at the 300 CODE OF ORDINANCES OF THE CITY OF NEW YORK. joint equal expense of the owners of the land on each side. (Id., sec. 3.) § 33. When the regulation of a lot, in conformity with the street on which it is situated shall require the ground of such lot to be raised and kept up higher than the ground of the adjoining lot or lots, and a partition wall for sup- porting the same shall be necessary, such partition shall be made and maintained by the owners respectively of the land on each side; and when the same can be equally divided, each party shall make and keep in repair one-half part thereof. (Id., sec. 4.) § 34. If any dispute shall arise concerning the division of such partition wall between the parties, or as to what part or portion of it should be made or repaired by each party respectively, or concerning the sufficiency of any such parti- tion wall, the same shall be determined by the Alderman as aforesaid. (Id., sec. 5.) § 35. Where any partition wall cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on eaclj side. (Id., sec. 6.) § 36. The regulation of lots, in conformity with the street,, shall be calculated not to exceed a descent of two inches ta every ten feet. (Id., sec. 7.) § 37. Where any owner or owners shall insist on main- taining his, her or their ground higher than such regulation, the surplus partition wall which may be necessary to sup- port such height shall be made and maintained at the indi- vidual expense of such owner or owners. (Id., sec. 8.) § 38. W^here any such owner or owners shall insist on regulating his, her or their ground with descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground in the adjoining lot, regu- lated in conformity with the foregoing sections, shall, in like manner, be made and maintained at the individual expense of such owner or owners. (Id., sec. 9.) § 39. If any person whose duty it may be to make or repair any partition wall, or any part thereof, in pursuance of the provision of this ordinance, shall neglect to do so for six days after being requested, in writing, by the ovnier or occupant of the adjoining ground, it shall be lawful for such owner or occupant to make or repair such partition fence or wall, or cause the same to be done, and to recover from such person the expense of making or repairing so much thereof as ought to have been made or repaired by him or her, together with costs of suit, in any court having cognizance thereof. (Id., sec. 10.) § 40. All outside and boundary fences, and all fences erected on the line of any public road, street, lane or avenue in the Borough of Brooklyn, shall be at least five feet high, and shall be built of good and substantial materials, and sufficiently in all respects to keep out and prevent the en- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 301 croachment of cattle, sheep, hogs and other animals, and shall be kept in good repair, and of the height above men- tioned. Nothing herein contained shall apply to court yards or iron railings. (Id., sec. 11, with verbal changes.) § 41. The owner or owners, lessee or lessees, tenant or tenants of any lot, piece of ground or premises, upon which any fence, not of the height, and that shall not be erected in the manner and maintained at the height mentioned in the preceding section, or who having so erected the same shall not keep the same in good repair, shall not recover for any damage he, they or she may sustain from any cattle, sheep,' hog or other animal doing damage upon his, their or her premises, unless such animals shall have been unlav^rfully at large; nor shall any cattle, sheep, hogs or other animals he placed in pound for doing damage, unless such fence be erected and kept of the height, and in the manner mentioned in the eleventh section, unless such animals shall have been unlawfully at large. (Id., sec. 12.) § 42. In case any dispute between the parties concerning any fence embraced within this chapter, or the sufficiency thereof, the matter shall be determined by an Alderman of the borough residing in the ward in which such fence is situated, or by an Alderman residing in an adjoining ward, in case there should not be a resident Alderman within the boundaries of the ward in which such dispute arises. (Id., sec. 13, with verbal changes.) § 43. Any owner of a vacant lot or lots in the borough who shall refuse or neglect to fence the same, after having received ten days' notice of the adoption by the Board of Aldermen of an ordinance directing him to fence the same, in pursuance of an order of the Department of Health, declaring the same necessary to abate a nuisance, shall incur a penalty of five dollars ($5), and of five dollars ($5) for every ten days thereafter that such lot or lots continue unfenced. (Id., sec. 14.) Chapter 4. — Street Musicians. § 44. No person shall engage in the business of a street musician playing for hire or voluntary contributions from door to door, or otherwise, without having first obtained a license therefor. Licenses shall be granted for such purpose by the Mayor upon the terms and conditions hereinafter pro- vided. The provisions of this ordinance shall apply only to itinerant musicians and shall not be construed so as to affect any band of music or organized musical or religious societies engaged in any military or civic parade, or to any musical performance conducted under a license from municipal authority. (Ord. app. Jan. 4, !1897, sec. 1.) § 45. I/icenses to carry on the occupation of street musi- cian shall be granted by the Mayor to such persons who apply therefor, provided that the person or persons applying shall have been residents of the Borough of Brooklyn for 302 CODE OF ORDINANCES OF THE CITY OF NEW YOBK. at least one year prior to such application, and shall pay for such license the sum of ten dollars, said license to be renewed from year to year upon the annual payment of said license fee. The term of residence required by this ordinance shall be proved by affidavit of the person applying* for such license and of two other persons residents of said borough, which affidavits shall state the different places of residence in said borough occupied by said applicant during the year preceding such application. (Id., sec. 2, with verbal changes.) § 46. No person shall use or perform with any musical instrument, including a; hand organ, in any of the streets or public places of the Borough of Brooklyn before the hour of nine a. m., or after the hour of nine p. m. of each day, nor during any part of the first day of the week, commonly called Sunday, nor vdthin a distance of 500 feet of any schoolhouse or house of public worship during school hours or hours of public worship, respectively, nor within like distance of any hospital, asylum or other institution, nor within a distance of 250 feet of any dwelling house or other building where directed or requested by any occupant thereof not to so perform. (Id., sec. 3, with verbal changes.) § 47. Any person violating any of the provisions of this ordinance shall be liable for a penalty of ten dollars for each and every offense. (Id., sec. 4.) Chapter 5.— Kailroads. § 48. Bate of Speed. — No street surface railroad car operated by electricity in any of the streets, avenues or public places of the Borough of Brooklyn, shall be run at a rate of speed to exceed six miles an hour within a radius of one and one-half miles from the Borough Hall, or within a radius of two miles from the Broadway ferries, nor in any other part of the first twenty-eight wards of said borough at a rate of speed to exceed eight miles an hour. (Bk. Ord. adopted March 25, 1S95, sec. 1, with verbal changes.) § 49. Stoppage of Cars. — Outside of the limits of Fulton street, Mrytle avenue, Broadway and Grand street, defined in the first section of this ordinance, no such street surface railroad car shall stop inside of any block which does not exceed 300 feet in length. In the case of blocks exceeding in length 300 feet there shall be a stopping place located in the middle thereof and indicated by a sign bearing the words " Trolley Station.'* All such cars must be brought to a full stop before crossing the following-named streets and avenues, viz.: Bedford avenue, Eastern parkway, Hancock street, St. Mark's avenue, Schermerhorn street. State street, Dean street, Nevins street, Lincoln place, Berkeley place. First street. Third street, Clinton ayenue, Bushwick avenue, Greene avenue, Lafayette avenue, Stuyvesant avenue. Union street* Second street, Sixtieth street, Ninety-second street, CODE OF ORDINANCES OF THE CITY OF NEW YOBK. 303 Sixth avenue, Eighteenth avenue, Throop avenue, Jefferson avenue, Heyward street, Grand street, Leonard street, Fifth street, Eighth street, Fourteenth street. Thirteenth avenue, Henry street, Berry street. Metropolitan avenue, and at junc- tion of Fulton, Clinton and Liberty streets, Bridge street, Albany avenue, New York avenue, Grand avenue, Lewis avenue and Thirteenth street, and between the hours of eight A. M. and nine A. M., twelve M. to one P. M., three P. M. to four P. M., they shall be brought to a full stop before crossing any street on which a school is located on the adjoining block, but such stoppages shall not be for the purpose of receiving or discharging passengers. Passengers shall be received and discharged only from the rear plat- form and at the far crossing. (Id., sec, 2, as amend. Dec. 13, 1897.) § 50. No person except motormen, conductors or police officers in uniform shall be allowed on the front platform of any such cars when in operation, except that such front plat- forms shall be used for the ingress and egress of passengers at stoppages. The rear platforms of cars shall also be used for the ingress and egress of passengers. (Id., sec. 3, as amend. April 22, 1895.) § 51. Platform Gate. — The rear platform gate on the track side of every such car shall be always kept closed. (Id., sec. 4.) § 52. Accidents. — That any individual company or cor- poration running cars upon the streets of Brooklyn shall, on or before twelve o'clock noon of each day report to the Commissioner of Police, in writing, all casualties or acci- dents and the nature thereof, occurring upon the road under its management whereby any person has suffered or sus- tained injury during the "day of twenty-four hours preceding the day of report. (Id., sec. 6.) § 53. Penalty. — Any corporation whose officers, agents or servants shall wilfully or negligently violate any of the provisions of this ordinance shall be liable for a penalty in the sum of twenty-five dollars for each and every offense. (Id., sec. 7.) § 54. Each and every railroad company or companies operating cars upon any of the streets, avenues or public places in the Borough of Brooklyn, whose motive power is electricity, shall place or cause to be placed upon the motor of said car or cars a check or governor, whereby it will be impossible to exceed a speed of ten miles an hour on grade. (Bk. Ord. adopted April 1, 1895, sec. 1, with verbal changes.) § 55. There shall be placed in each and every car operated in or upon any of the streets, avenues or public places in the Borough of Brooklyn, whose motive power is electricity, an indicator, in full view of any passenger or passengers that may be upon said car, indicating the rate of speed that Raid car or cars are traveling. (Id., sec. 2, with verbal changes, amend, loj ord. app* Nov, 23, 1906.) 304 CODE OF OEDINANCES OF THE CITY OF NEW YOEK. § 5G. Each and every railroad company operating- car? by ^electricity on any of the streets, avenues or public places in the Borough of Brooklyn, shall equip each and every car BO operated with a safety fender or safeguard attached to the front platform of said car or cars, which shall extend from the platform of said car or cars to within not more than three inches from the tracks, and to be made and modeled in such a manner that it will be impossible for any person or persons to pass under the fender or the platform of said car or cars and come in contact with the wheels of said car. The said front platform of said car to be construed as the platform occupied by the motorman, no matter in what direction th£ said car may be going. (Id., sec. 3, with verbal changes. Amend, by ord. app. Nov. 23, 1906.) § 57. No railroad company operating- cars by electricity upon any of the streets, avenues or public places of the Borough of Brooklyn, for the purpose of carrying passen- gers, shall carry more passengers than fifty per cent, more than its seating capacity. (Id., sec. 4, with verbal changes.) § 58. Penalty. — Any corporation whose officers, agents or servants shall wilfully or negligently violate any of the provisions of this ordinance shall be liable for a penalty in the sum of twenty-five dollars for each and every offense. (Id., sec. 5.) Surface Railroad. § 59. The amount to be paid by the railroad companies in the Borough of Brooklyn to The City of New York for running their cars shall be calculated on the average number of cars running annually on each route respectively, exclud- ing the extra cars run on holidays. (Bk. Ord. 1886, ch. 2, art. V, sec. 3, with verbal changes.) § 60. It shall not be lawful for any person or persons to smoke inside or upon the platforms of any car or other public conveyance in the Borough of Brooklyn. (Id., sec. 5, with verbal changes.) § 61. Contractors, drivers or other employees are pro- hibited from eating their meals in or upon any car, or other public conveyance, while making a trip. (Id., sec. 6.) § 62. No car shall be used by any of the railroad com- panies upon their respective routes which may have a broken window or door, or insufficient fastening, or be other- vdse damaged, longer than during the day such break, insuf- ficient fastening or damage may occur, nor shall any bell, rope or indicator rope on each car be so arranged as to hang over either platform thereof from the roof thereof. The penalty for violating the provisions of this section shall be ten dollars for each car for each and every day said car is operated in violation thereof. (Id., sec. 7, as amend. Dee. 23, 1895.) § 63. All railroad cars shall be distinctly numbered, both Inside and outside, and the cars of different routes running in part on the same track shaK be distinguished by a dif- CODE OF ORDINANCES OF THE CITY OF NEW YORK. 305 ference of color, and the appropriate lettering" to indicate the streets or routes upon which the same run; and in the night shall, in all cases, be sufficiently distinguished by the form or color of their signal lights, so as to prevent the cars of different routes being mistaken for each other. (Id., sec. 8.) § 64. No person who shall be indecent or scandalous in behavior, or filthy or foul in person, shall be carried in the cars; nor shall any conductor allow any such person to remain in the cars. (Id., sec. 9.) § 65. It shall be the duty of every conductor and driver to give his name to any passenger who shall request the same. (Id., sec. 11.) § 66. The Brooklyn City Railroad shall be subject to the foUovdng" regulations: (1) There shall be at all times when practicable, between the hours of six-thirty A. M. and twelve-thirty at night, from the fifteenth of November to the first of May, and the hours of five-fifteen A. M. and twelve-thirty P. M., in the other months, cars running on the respective routes of the said company from the ferries to their respective depots as the public travel shall require; and beyond the respective depots of the said routes, and on Hamilton avenue, the said company shall run cars at such times as shall be required by the Board of Aldermen. (Id., sec. 14, wdth verbal changes.) § 67. The said companies shall be subject to a penalty of fifty dollars for any violation on their part of any provision of this article and it shall be the duty of the police to enforce the provisions of this article. (Id., sec. 18.) § 68. It shall be the duty of the police to daily report all violations of laws, ordinances and regulations appertain- ing to railroads, or other public conveyances, to the Cor- poration Counsel. (Id., sec. 19, with verbal changes.) § 69. It shall not be lawful for any railroad company to lay more than a single track on any street or highway therein when the roadway of such street or highway shall not exceed thirty (30) feet in width. (Bk. ord. adopted Oct. 15, 1894.) § 70. No engine (running upon the railroad track laid upon and along Atlantic avenue) eastward bound shall depart from the station of the Long Island Railroad Com- pany at Flatbush avenue more frequently than once in five minutes, and that no engine westward bound and running upon said track shall depart from Jamaica to run over said Atlantic avenue more than once in five minutes. That is, there shall be an interval of five minutes between the departure of all engines eastward or westward bound from Flatbush avenue, or from the point where the Manhattan Beach Branch joins the main line. The blowing of whistles and the ringing of bells shall not be permitted. No freight or passenger car detached from an engine shall remain longer than ten minutes in any public street. Bituminous 80 306 CODE OP ORDINANCES OF THE CITY OP NEW YOUK. coal shall not be used on any engine running upon said railroad. At each street crossing between Linwood street and Flatbush avenue men shall be continually stationed at all hours of the night and day when trains are in motion, and all crosswalks between such street crossings shall be properly guarded by gates which shall also be closed during the passage of each train. Strong heavy gates at least twenty feet in width shall be placed at each street crossing and closed before the passage of any engine or train. Whenever platforms are placed in the streets for accommo- dation of passengers, the railroad company shall at its own expense keep the entire street between the platform and the curb wherever paved, and where unpaved, in a cleanly and passable condition. This shall be construed to apply to each station and each platform wherever erected within the said limits along said avenue. The penalty for each and every violation of any of the provisions of this ordinance Bhall be $100. It shall be the duty of the police to make daily reports of any violation of this ordinance, and on the complaint to the President of the Borough by any three citizens of any -violation of this ordinance, he may proceed against the Long Island Railroad Company in due manner for the enforcement of this ordinance and the collection of siaad penalties. (Bk. ord. adopted April 8, 1895, with verbal changes.) Chapter 6. — Miscellaneous Ordinances. J. The Use of Court Yards on BusfiwicTc Avenue Boulevard. § 71. No person or persons shall erect or construct upon the twenty feet on each side of the Bushwick Avenue Boule- vard, by law set apart to be used as court yards only, any piazza veranda^ covered or inclosed porch, platform, or erection other than stoops, steps or platforms, with open backs and sides, or railing not to exceed seven feet in height, or to extend upon said court yards more than seven feet, or of a greater width than is necessary for the pur- pose of a convenient passageway into the houses or build- ings to which the same shall be attached; nor shall any person or persons dig, build or construct any area into said court yard. (Bk. ord. 1886, ch. VI.) II. Fence Line Privileges on Newkirk Avenue. § 72. All court yard, fence line and stoop privileges are hereby prohibited and withdrawn on Newkirk avenue, between Flatbush avenue and Coney Island avenue, and that it will be unlawful to build, project or place any fence, stoop, piazza, projection or encumbrance whatever beyond the private property line of the said street between Flat- bush avenue and Coney Island avenue. (Ord. app. Oct. 11, 1905.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 307 III. Display of House Numbers. § 73. The owner or occupant of every private dwelling" house in the Borough of Brooklyn shall cause the street number of the same to be plainly and legibly displayed in such manner that the same may be seen and read at all times of the day or night. Any person violating the provisions of this ordinance shall be liable to pay a penalty of ten dollars. (Bk. ord. adopted Oct. 25, 1897.) rv. Canarsie Cemetery. § 74. The cemetery situated on the southerly side of Church lane, in the Thirty-second Ward of the Borough of Brooklyn, in The City of New York, which was formerly owned by the Town of Flatlands, shall hereafter be known as Canarsie Cemetery, Borough of Brooklyn, City of New York. The Mayor of The City of New York is hereby authorized to appoint a commission of three members, each of whom at the time of his appointment shall have been a resident of the Thirty-second Ward for three years, to have full charge and control of said cemetery. Each of the mem- bers of said commission shall serve without compensation during the pleasure of the Mayor. The commission shall have power to charge fees for the opening of graves suffi- cient to pay for the maintenance of the cemetery, and also to make and enforce such rules and perform such other acts as said commission decides are necessary for the proper care of said cemetery. (Ord. app. July 3, 1899.) y. Watering Horses. § 75. No person shall suffer or permit any horse or other animal to drink from a pail or other vessel while the same is suspended from or attached to the spout or other part of any public pump or hydrant in any street or public grounds. (Bk. ord. 1886, ch. Ill, art. VII, § 8.) YI. Dog Snatching. § 76. Any person who shall remove, or cause to be removed, the collar to which is attached the license tag or either or them from the neck of any dog, or shall entice any properly licensed dog into any inclosure for the pur- pose of taking off its collar or license tag or either of them, or shall for such purpose decoy or entice any animal out of the inclosure or house of its owner or possessor, or shall seize or molest any dog while held or led by any person, or while properly muzzled, or while wearing a collar with a proper license tag attached, or shall bring any dog into the Borough of Brooklyn for the purpose of taking up and kill- ing or selling the same, shall forfeit and pay a sum of not more than twenty dollars ($20). (Id., art. Ill, sec. 14, with Tcrbal changes.) 308 CODE OF ORDINANCES OF THE CITY OF NEW YORK. VII. Speed on Bridges. § 77. No person or persons shall drive or cause to be driven over or upon any of the bridges in the Borough of Brooklyn, any animal or vehicle at any other pace than a walk, under a penalty of five dollars for each offense. YIII. Bells on Junk Carts. § 78. No junkman or other person engaged in the buying or selling of goods, chattels or merchandise of any kind in the Borough of Brooklyn, shall use or employ on any street, lane or avenue of said borough, either by having the same attached to his vehicle or horse, or in any other man- ner, any bell exceeding six ounces in weight, or more than three bells at any one time, or cause or allow the same to be done under a penalty of ten dollars for each and every offense, to be severally paid by the person doing and the person causing the same to be done. (Bk. ord. 1886, ch. Ill, art. VII, sec. 30, with verbal changes.) IX. Marking Hay Bales. § 79. It shall not be lawful for any person to sell or offer for sale within the limits of the Borough of Brooklyn any hay or straw by the bale, unless the exact gross or net weight shall be legibly and distinctly marked on every such bale of hay or straw, under a penalty of ten dollars ($10) for each bale of hay or straw so sold or offered for sale. (Id., see. 31, with verbal changes.) X. Injury to Bridges. § 80. Every master or owner of any steamboat, steam- tug, canal boat or sailing vessel, who shall through his fault or negligence, or through the fault or negligence of his servant, agent or emploj'ee, injure, or cause or permit to be injured, any bridge belonging to the Borough of Brooklyn, or in the charge or under the management of the said borough, or of any officer, officers or department of the said borough, shall be liable to a penalty of not less than ten dollars nor more than $250 for each and every such offense. XI. Theatrical Billboards. § 81. Billboards or signs (not exceeding two in number), to advertise theatrical performancjes or public entertain- ments, may be placed upon the sidewalk in front of theatres and places of public entertainment adjacent to the curb, but each of said billboards or signs shall not occupy a space across the street of more than nine inches and shall not be more than three feet in width parallel to the street, and shall not be less than fifteen feet apart. CODE OF ORDINANCES OF THE CITY OF NEW YORK. 309 XII. Protection of Piers at Wallahout, Etc. § 82. No person or persons shall use or employ any horse or other animal on any public dock, bulkhead or pier at the Wallabout or at the foot of Washington avenue, for the purpose of loading or unloading any vessel lying at said docks, bulkheads or piers, with any description of apparatus necessitating the going to and fro in a direct line of said horse or animal, unless he or they shall place upon the same a temporary flooring of planks to prevent the wearing or rotting of the deck of the dock, bulkhead or pier so used, and such temporary flooring shall be removed immediately after the loading or unloading of said vessel by the person or persons using the same, under the penalty of twenty-five dollars for each and every violation of the provisions of this section. PAKT IV. Ordinances Relating to that Section of the City of New York Formerly Knovm as Long Island City. Chapter 1. — Public Safety and Obdeb. Article I. — Hydrants. Section 1. If any person, except one of the engineers or foremen of the fire companies, or by special permit from the Department of Water Supply, Gas and Electricity, shall unscrew any of the hydrants belonging to the City Water Works, erected for the extinguishment of fires, or interfere with the same, or any part of the works belonging to the said establishment, or any or either of the pipes, hydrants, stop-cocks, or any part of the works may be injured, or the water taken therefrom or wasted, they shall be liable to a penalty of fifty dollars for each and every such ofEense. (L. I. ord. 1893, ch. XII, sec. 1, with verbal changes.) Article II. — Washing Horses and Carriages. § 2. No person shall wash, or cause, or procure, or per- mit to be washed, any horses or carriage within twenty-five feet of any pump in any street in that section of the city formerly known as Long Island City, under the penalty of ten dollars for every such ofllense. (Id., sec. 2.) Article III. — Cellar Doors, Steps and Street Obstructions. § 3. No person or persons shall construct or continue any cellar door which shall extend more than one-twelfth part of any street, or more than five feet into any street, under the penalty of fifty dollars for each offense. (Id., ch. XVII, sec. 2.) § 4. Every entrance or flight of steps projecting beyond the house-line of the street and descending into any cellar 310 CODE OF ORDINANCES OF THE CITY OF NEW YORK. or basement story of any house or other building, where such entrance or flight of steps shall not be covered, shall be enclosed with a railing on each side, permanently put up, from three to three and one-half feet high, with a gate to open inwardly, or with two iron chains across the front of the entranceway, one near the top and one in the centre of the railing, to be closed during the night, unless there be a burning light over the steps to prevent accidents, under the penalty of twenty-five dollars for every offense, to be recovered from the owner or lessee thereof, severally and respectively. (Id,, sec. 3.) § 5. The owner of any such building shall not be liable for the said penalty for not keeping any such gate closed or chains fastened across the front of such entrance or flight of steps, when not the actual occupant thereof, until after five days' notice, in writing, from the President of the Borough, anything to the contrary in this chapter contained notwithstanding. (Id., sec. 4, with verbal changes.) § 6. No person or persons shall hereafter construct any porch over a cellar door under the penalty of fifty dollars. (Id., sec. 6.) § 7. No person or persons shall construct or continue any platform, stoop or step in any street in that section of the city formerly known as Long Island City which shall extend more than one-tenth part of the width of the street, nor more than six feet, nor with any other than open backs or sides, or railing; nor of greater width than is necessary for the purpose of a convenient passageway into the house or building; nor any stoop which shall exceed five feet in height under the penalty of fifty dollars. (Id., sec. 7, with verbal changes.) § 8. All persons who wish hereafter to erect balustrades projecting beyond the street line shall first obtain a written permit from the President of the Borough. (Id., sec. 9, with verbal changes.) § 9. No balustrades shall hereafter be erected, excepting from the second story of any house, nor shall it project more than one-twentieth of the width of the street wherein it may be erected, nor more than three feet in any case whatever. (Id., sec. 10.) § 10. No braces or railings shall be used for balustrades unless the strength and firmness shall have been tested or approved by the President of the Borough, and in case he shall object to the same, it shall be made as he shall direct or removed, under the penalty of five dollars for each day's maintenance. (Id., sec. 11, with verbal changes.) § 11.^ No person shall place or fix, or continue in any street in this city, any awning-post, or any cloth or canvas for an awning, unless under the direction of the President of the Borough and made comforably to the next section of this chapter, under the penalty of five dollars for each offense. (Id., sec. 12, with verbal changes.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 311 § 12. No posts fixed in any street for the purpose of sup- porting any awning shall exceed nine inches in diameter, and the rail crossing the same shall not exceed seven inches in width or height and four inches in thickness; the said posts shall be placed next to and along the inside of the curbstone, and the upper side of the rail, which is intended to support the awning, shall not be less than eight feet nor over ten feet in height above the sidewalk, and the cross-rail shall be strongly mortised through the upright posts. (Id., sec. 13.) § 13. It shall be the duty of the President of the Borough to order and direct any awning-post which is erected or con- tinued in any street in that section of the city formerly known as Long Island City contrary to the provisions of this ordinance to be forthwith removed; and any person who shall neglect or refuse to comply with such direction and order, shall forfeit and pay for every such offense the sum of five dollars. (Id., sec. 14, with verbal changes.) § 14. The owners or occupants of property in any street of this city exceeding the width of forty feet and from which the wooden awning-posts have been or may hereafter be directed to be removed, shall be, and they are hereby per- mitted to erect in front of their respective buildings thereon iron posts, and none others, for the support of awnings, with an iron cross-rail, which shall be nine feet and no more, from the curbstone to the top of said rail; said post shall be placed eight inches within the outer side of the curbstone, having the approval of the President of the Borough. (Id., sec. 15.) § 15. Such iron posts, as well as those which may be at the time of the passage of this ordinance erected in any street of this city, shall be well and securely braced from the building with wrought iron rails or rods at least one inch in diameter, in the proportion of one brace for every post. (Id., sec. 16.) § 16. The owner or occupants of property in any street not exceeding the width of forty feet shall be and they are hereby permitted to construct from their respective build- ing thereon wrought iron brackets for the support of awn- ings, which said brackets shall be firmly secured to the building and project on a line with the inner side of the curbstone, and shall be eight feet and six inches, and no more, in height from the curbstone to the top of the outer cross-rail. (Id., sec. 17.) § 17. It shall be the duty of the President of the Borough to order and direct the removal forthwith of all iron awning- posts and brackets which are now or may be hereafter erected, constructed and continued in any street of that sec- tion of the city, formerly known as Long Island City, con- trary to the preceding provisions of these ordinances; and any person who shall neglect or refuse to comply with such 312 CODE OF ORDINANCES OF THE CITY OF NEW YORK. direction or order shall forfeit and pay for each such offense the sum of five dollars. (Id., sec. 18, with verbal changes.) § 18. The preceding sections relating to awnings and awning-posts shall apply where the erection of iron awning- posts and brackets are permitted by these ordinances. (Id., sec. 19.) § 19. No portion or part of any cloth or canvas used as an awning shall hang loosely down from the same over the sidewalk or footpath, under the penalty of five dollars for each day's offense. (Id., sec. 20.) § 20. The President of the Borough is hereby authorized, whenever he shall deem it proper, to order any step stone used for entering carriages, any railing or fence, any sign, sign post, or other post, any area, bay window, or any other window, porch, cellar door, platform, stoop or step, or any other thing, which may encumber or obstruct any street, to be altered or removed therefrom within such time as shall be limited by the said President of the Borough. (Id., sec. 21, with verbal changes.) § 21. No person or persons in that section of the city, formerly known as Long Island City, whether agent, owner or employee, shall suffer or permit any cask, bale, bundle, box or any other goods, wares, or merchandise or any boards, planks, joists, or other timber, or anything whatso- ever to be raised from any street, on the outside of any building, into any loft, store or room, or to be lowered from the same, on the outside of any building, by means of any rope, pulley, tackle, or windlass, except by permission of the President of the Borough, under the penalty of twenty-five dollars to be recovered by an action, from such person, agent, owner or employer. (Id., sec. 29, with verbal changes.) Article lY. — Streets and Sidewalks. § 22. If any cartman or other person shall break or otherwise injure any footpath or sidewalk, he or they shall, vsdthin twenty-four hours thereafter, cause the same to be well and sufficiently repaired and m£nded, under the penalty of ten dollars. (Id., sec. 33.) § 23. No person, without permission of the President of the Borough, shall take up, remove or carry away any turf, stone, sand, clay or earth from any street, public place or highway in that section of the city formerly known as Long Island City, under the penalty of twenty-five dollars for each offense. (Id., sec. 35, with verbal changes.) § 24. No pavement or flagging in any street in that sec- tion of the city formerly known as Long Island City which has been accepted by The City of New York, or to be kept in repair at the public expense, shall hereafter be taken up, or the flagging or paving stones removed therefrom, for any purpose whatever vdthout the permission of the Presi- dent of the Borough, and the deposit of such sum as he may reasonably require to secure the relaying of the same, CODE OF ORDINANCES OF THE CITY OF NEW YORK. 313 under the penalty of $100 for every offense. (Id., see. 37, with verbal changes.) § 25. Whenever any flagging or pavement in any such street, or part or portion thereof, has been or shall be taken up, or the paving stones in any such street or part of a street have been or shall be removed therefrom, or from the place or position in which they have been put in said pavement, in violation of this ordinance, it shall be the duty of the President of the Borough forthwith to restore such flagging or pavement, as nearly as may be practicable, to th£> condition in which it was before such taking or removal as aforesaid, at the expense of the party removing the same, to be recovered as other penalties are recovered. (Id., sec. 39, with verbal changes.) § 26. Whenever any wood, timber, stone, iron or any other metal has been or shall be put or placed in or upon any such pavement so as to hinder or obstruct or be in the way of the restoration of said pavement, as mentioned in th£ preceding section, it shall be the duty of the President of the Borough forthwith to cause such wood, timber, stone, iron or metal to be taken up and removed from said street or pavement so that they shall not encumber or obstruct said street and the free use of the pavement therein. (Id., sec. 40, with verbal changes.) § 27. Whenever, hereafter, any person, or association or body of persons, or any incorporated company, shall attempt to take up any such pavement in this ordinance mentioned, or removing the paving stones, or any of them, therefrom, without authority of the President of the Borough, it shall be his duty forthwith to prevent the same, and generally to prevent the pavement in the street aforesaid and every part thereof from being taken up, removed, encumbered or ob- structed. (Id., sec. 41, with verbal changes.) Chapter 2. — Partition Fences and Walls. § 28. All partition fences in that section of the city for- merly known as Long Island City shall be made and main- tained by the owners of the land on each side, and each party shall make and keep in repair one-half part thereof, when it can be conveniently divided. (L. I. ord. 1893, ch. 20, sec. 1.) § 29. In case of any dispute between the parties .concern- ing the division of any such fence, or as to what part or portion of it shall be made or repaired by each party, respectively, and in all cases of dispute concerning the suffi- ciency of any fence in that portion of the city formerly known as Long Island City, the matter shall be determined by the Aldermen for the time being of the district in which such partition or other fence may be situated. (Id., sec. 2, with verbal changes.) § 30. When any partition fence cannot be conveniently enalties shall not, in any wise, impair or inter- fere with any claim of such company or person, against any person or persons guilty of any such act, for any damages which said company or person may sustain there- from. (Id., sec. 20.) § 10. Any person who shall place or cause to be placed in any of the streets, alleys or public squares of that section of The City of New York formerly known as the Village of New Brighton, any building materials, or any heap or pile of earth, stone or sand, or any other obstruc- tion whatever, or who shall make, or cause to be made, any excavation in any said street, alley or square, shall, during every night that the same shall continue, cause such excavation to be surrounded by a good and sufficient barrier, and a sufficient light or lights to be maintained near such obstruction or excavation, for the protection of travelers and passengers from damage or injury by the reason of such obstruction or excavation, under a penalty of twenty-five dollars for each ofEense, and the like penalty for every night during which the same shall be continued. (Id., sec. 24.) Chapter 2. — Public Safety and Order. Article I. — Nuisances. § 11. Any person or persons who shall make, aid, coun- tenance or assist in making any improper noise, riot oi* disturbance in the streets or elsewhere in that section of The City of New York formerly known as the Village of New Brighton, and all persons who shall collect in bodies and crowds in that section of The City of New York form- erly known as the Village of New Brighton, for unlawful or idle purposes, to the annoyance or disturbance of the citizens or travelers, shall, for each offense, forfeit and pay a fine of not less than one dollar, nor exceeding fifty dol- lars, in the discretion of the magistrate convicting. (Id., art v., sec. 1.) § 12. No person shall wilfully tear down or deface any notice, handbill or ordinance posted up in the former vil- lage of New Brighton, under a penalty of ten dollars. (Id., sec. 16.) § 13. Bathing in any of the waters within the limits of that section of The City of New York formerly known as the Village of New Brighton, or adjacent thereto, between the hours of seven o'clock in the morning and eight o'clock in the evening, unless in a suitable bathing dress or cover- ing, consisting of a shirt and drawers, is hereby prohibited, and any person violating this ordinance shall pay not less than two dollars nor more than five dollars for every such offense. (Id., sec. 19.) CODE OF ORDINANCES OF THE CITY OF NEW YORK. 357 PAKT XIII. Ordinances Relating to that Section of the City of New York Formerly Knoton as the Tillage of Edgewater. Chapter 1. — Railroads. Article I. — Blocking Street Crossings and Warning Signals. Section 1. No railroad company or incorporation whose track passes through or within the limits of that section of The City of New York formerly known as the Village of Edgewater, either by themselves, their agent or agents, person or persons in the employ of said company, shall suffer or permit any train of cars to stop on or across any street, lane or highway in that section of The City of New York formerly known as the Village of Edgewater, or suf- fer or permit any detached car or cars to stand on or across any such street, lane or highway, under the penalty of twenty-five dollars for each offense. (Ord. Village of Edgewater, passed July 23, 1874, sec. 11, as amend, by ord. app. Nov. 23, 1906. § 2. Every railroad company or corporation whose track passes through or within the limits of that section of The City of New York formerly known as the Village of Edge- water, shall employ a person or persons to give notice of the approach of any cars or locomotive engines, by ringing a bell at said crossing and closing a swinging bar across said street where said track crosses, and also by erecting a sign over said crossing, notifying persons of the danger of crossing the track, under a penalty of twenty dollars for each day such precautions are omitted. (Id., sec. 12.) PART XIV. Ordinances Affecting Generally the Borough of Richmond. Chapter 1. — Streets and Highways. Article I. — Openings of Streets and Sewers. Section 1. No person or corporation shall open or exca- vate any highway or place any encumbrances thereupon, or open any public sewer or private sewer leading into a public sewer or any private sewer in a public street, or cause any of the above acts to be performed in the Borough of Richmond without a permit issued by the President of the Borough or his duly authorized representa- tive. (Ord. app. July 27, 1903, sec. 1.) § 2. Application for Permit. — Applications for such per- mit must be niade in writing to the President of the Borough, upon blank forms to be furnished by him, such form of application to contain a diagram of the location affected, with the dimensions of street surface to be dis- turbed. (Id., sec. 2.) 358 CODE OF ORDINANCES OF THE CITY OF NEW YORK. § 3. Time. — Work must be begun within twenty-four (24) hours from the time of issuance of the permit, and be prosecuted without unnecessary delay to completion. (Id., sec. 3.) § 4. Kefilling- Trenches. — Excavations in public streets shall be refilled by the party by whom such excavation was made, but only under the supervision and at all times in the presence of a City Inspector especially assigned to the work by the Superintendent of Highways, whose duty shall be to see that each and every part of the filling shall be placed and thoroughly rammed in layers of not more than eight (8) inches in depth up to the level of the bot- tom of the street pavement. The street pavement shall be loosely and temporarily replaced by the party by whom the excavation had been made, but in such manner as in the opinion of the City Inspector shall be safe for travel. (Id., sec. 4.) § 5. Guarding. — Any trench or opening or encumbrance upon the highway shall at all times be properly guarded for the prevention of accidents, and be properly lighted at night. (Id., sec. 5.) § 6. Rock Refills. — Wherever rock is excavated not more than one-third of the total excavation shall be refilled with the broken stone, which must be in small pieces, and replaced in such manner, mingled with clean earth or sand, as to insure the thorough and compact filling of all spaces. (Id., sec. 6.) § 7. Tunnelling. — Tunnelling under crosswalks and railroad tracks will not be allowed at any time. The bridge stones forming such crosswalks must be removed and placed out of the way of street traffic, being carefully relaid and thoroughly bedded when the work is completed. (Id., sec. 7.) § 8. Extent of Street Opening. — At the intersection of cross streets not more than one-half of the width of the street shall be opened at one time; the other half shall remain untouched for the accommodation of traffic until the first half is restored for safe use. (Id., sec. 8.) § 9. Access to Hydrants and Mail Boxes. — All work shall be so prosecuted as not to interfere with easy access to fire hydrants and United States mail boxes. (Id., sec. 9.) § 10. Pavement Restored by City. — The full restoration of the pavement shall in all cases be made by employees of the Bureau of Highways or persons having contracts with the city, affecting said pavement, which make it their duty to restore the same. (Id., sec. 10.) § 11. Inspection Fees for Back Filling of Trenches. — The fee for the inspection of the back filling of any trench in a city street or highway shall be as follows: For trenches more than four (4) feet in depth, or more than thirty (30) feet in length $2 00 CODE OF ORDINANCES OF THE CITY OF NEW YORK. 359 For trenches over four (4) feet and under nine (9) feet in depth and not more than thirty (30) feet in length $3 00 For trenches over nine (9) feet and under sixteen (16) feet in depth and not more than thirty (30) feet in length 4 00 For trenches of greater dimensions than the foregoing, special charge. (Id., sec. 11.) § 12. Sewer Inspection and Fee. — Every sewer conn^ec- tion shall be made under the supervision of a City Inspector of Sewer Connections. The fee for such inspection will be three dollars, which shall be deposited with the Department of Finance and credited to a special fund entitled " Sewer Inspection and Repair, Borough of Richmond." (Id., sec. 12.) § 13. Fees, Restoration of Pavements. — Fees for the restoration of pavement shall be as follows, for areas less than ten (10) square yards: For restoring granite or other blocks or brick on concrete foundation, per square yard $2 50 For restoring granite or other blocks or brick on sand foundation, per square yard 1 00 For sheet asphalt on concrete foundation, per square yard 3 00 For macadam, per square yard 80 For areas in excess of ten (10) square yards, special, as may be determined by the President of the Borough or his representative. (Id., sec. 13. Amend, by ord. app. April 17, 1906, infra.) § 14. Computing Area of Work. — The area of surface to be repaved shall, in all cases, be computed by the President of the Borough or his representative, from the diagram in the application, as verified or corrected by comparison with the maps and records on fiLe. (Id., sec. 14.) § 15. Uses of Moneys Paid. — All fees for inspection and for restoration of pavements must be paid by the applicant in cash upon the issuing of the permit, and a receipt shall be given therefor. Regular return of the money shall be made to the Comptroller of The City of New York, who shall credit it to the special fund for " Restoring and Re- paving Streets in the Borough of Richmond." (Id., see. 15.) § 16. Special Uses of Streets and Charges. — For special uses of the streets, permits may be issued and the President of the Borough or his representative may require therefor as^ security deposit such sum or sums as may seem to him fair and just; such moneys to be deposited with the Finance Department, to be drawn upon by the Comptroller upon order of the President of the Borough after proper com- pletion of the work, payable to the party taking out the 360 CODE OF ORDINANCES OF THE CITY OF NEW YORK. original permit, either in full or to the amount of such balance as may be left, if it shall be found necessary to use said deposit for purpose of repairing damages. In the latter event the amount retained shall be credited to the fund drawn upon for making the repairs. In general, such deposits shall be similar to the follow- ing: No permit shall be given for over ninety (90) days without formal extension. Placing building material on highway $5 00 Moving one (1) story building over highway 10 00 Moving building larger than one (1) story over high- way 25 00 Moving steam roller over highway 25 00 (Id., sec. 16.) § 17. Consent of Corporations. — The applicant for a per- mit to move a building on or across streets where there are car tracks or overhead wire construction must obtain and file with the application the consent of the company affected. (Id., sec. 17.) § 18. Gutters Clear. — Storage of building or other mate- rial on the streets will only be permitted on express condi- tion that the gutters to the full width of three (3) feet shall be kept absolutely clear and free for the passage of water; such storage shall be limited to this frontage of the property mentioned in the application and to one-third of the width of the street. (Id., sec. 18.) § 19. Sidewalks Protected. — Where any heavy teaming is necessary across sidewalks, either the flagstones shall be removed and a clean dry walk maintained, or the crossing shall be so thoroughly protected with heavy planking as to prevent injury thereto and present no obstruction to the safe use of the same by pedestrians. (Id., sec. 19.) § 20. Non-interference with Traffic, Etc. — All work to be done must be carried on in such manner as not to unneces- sarily interrupt business on the streets, or in any way interfere with existing swers, piping, subways, tracks or other public conveniences or utilities already laid under authority. (Id., sec. 20.) § 21. Snow Removal. — The person or corporation to whom a permit for street opening is granted must remove Avithin twenty-four (24) hours all snow and ice that may fall or form upon the street wdthi^ five feet upon either side of the opening and keep thjs space free from snow and ice until the opening is properly refilled. (Id., sec. 21.) § 22. Competent Men. — All work must be carried out by men competent and skilled in their respective duties, and full compliance must be given to all laws affecting the work or the employment of labor. (Id., sec. 22.) § 23. Penalties, — Failure to comply with any of the con- ditions of this ordinance by any person or corporation, or failure to perform any of the above acts in the manner pre- scribed and directed by the President of the Borough, or Jiis Inspectors or other duly appointed agents, will be CODE OF ORDINANCES OF THE CITY OF NEW YORK. 361 punishable by the revocation of the permit for such work, tke refusal to issue further permits to the offending" party for any purpose whatever for a period not exceeding six months, or forefeiturc of the temporary security deposits, or any or all of these penalties. (Id., sec. 23.) Article II. — Widths of Sidewalks. § 24. In carrying out street improvements in the Borough of Richmond, where the regulation of sidewalks and curbing is affected, in all new streets and in old ones, where possi- ble, unless serious difficulties interfere, to be then deter- mined by the President of the Borough, the sidewalks between street lines and curbs shall be of widths as follows: A — Where street is less than forty (40) feet wide — to be determined by the President of the Borough, as each special case may require Special. B — Where street is forty (40) feet wide and less than fifty (50) 10 feet. C — Where street is fifty (50) feet wide and less than sixty (60) 121/2 feet. D — WTiere street is sixty (60) feet wide and less than seventy (70) 15 feet. E — WTiere street- is seventy (70) feet wide and less than eighty (80) 171/^ f eet. F — Where street is eighty (80) feet wide and less than one hundred (100) 20 feet. G — Where street is one hundred (100) feet wide and over 25 feet. (Ord. app. June 22, 1903, sec. 1.) § 25. For all new sidewalk pavement the footway shall be not less than five (5) feet in width, with either flagstones or artificial stone, in full accordance with or better than called for in the standard specifications for this work, on file in the office of the President of the Borough of Rich- mond. (Id., sec. 2.) § 26. All sidewalks shall be laid on a grade rising from top of the curb, one-half (1/2) of an inch to each foot, where only one five (5) foot width of pavement is laid; and of one- third (%) of an inch where the whole sidewalk width is to be paved. (Id., sec. 3.) PART XV. Miscellaneous Ordinances Affecting the Boroughs of Queens, Rich- mond and The Bronx. Chapter 1. — Miscellaneous. Article I. — Publication of Session Laics in the Boroughs of Queens and Richmond. Section 1. The compensation for publication of the Ses- sion Laws in the Counties of Queens and Richmond is hereby fixed at the rate of fifty cents per folio, 362 CODE OF ORDINANCES OF THE CITY OF NEW YORK. Article II. — Fees for Certain Sewer Connections in the Borough of the Bronx. § 2. All plumbing contractors performing' work on any municipal or public buildings in the Borough of tlue Bronx, in The City of New York, shall be exempt from charge of fees by the Borough President or Commissioner of Public Works for connecting into any public sewer or sewers in any street, alley or highway, except a nominal charge of ten dollars for each such municipal or public building owned by The City of New York; provided, however, that thia resolution shall not affect any existing contract. PART XVI. Wherever in the foregoing ordinances no specific penalty is provided for the violation of any such ordinance, the penalty for the violation thereof shall be the sum of ten dollars ($10). (R. O. 1897, sec. 786, with verbal changes.) Adopted by the Board of Aldermen, October 30, 1906. Approved by the Mayor, November 8, 1906. The above is the date of the adoption of entire foregoing- Code. NOTE. The question is frequently asked whether every violation of the ordinances is a misdemeanor. By section 85 of the Consolidation Act (eh. 410, L. 1882) every violation of the ordinances was specifl- cally declared to be a misdemeanor. When the Greater New York Charter went into effect (1898) section 85 of the Consolidation Act had been revised by section 50, which dropped the misdemeanor clause, and merely gave the Board of Aldermen the power to impose " such fines, penalties, forfeitures or imprisonment as may by law be prescribed." In the Revised Charter of 1901 this is section 44. Section 41 of the 1901 Charter continued all ordinances not inconsistent with the Charter in force. The revised ordinances of 1897, section 786, made all violations liable to a penalty of ten dollars. This has always been interpreted as meaning that since January 1, 1898, when the new Charter went into effect, the viola- tion of an ordinance made the party liable to a suit to recover the penalty in a civil action only, unless the section violated expressly declared the offense to be a misdemeanor. The old Police Magistrates were invested by chapter 233, Laws 1895, with power to impose fines " in All cases of arrest for offend- ing any ordinance of The City of New York." This power was transferred to the City Magistrates by chapter 601, Laws 1895, and continued in them by section 1392 of the original and amended Charters. This would clearly seem to give the City Magistrates jurisdiction where the ordinances have specifically made an offense a misdemeanor. GENERAL ORDINANCES Passed from January 1, 1906 to December 11, 1906. An Ordinance in Relation to Vehicular Traffic on the Ocean Parkway, in the Borough of Brooklyn. Be it Ordained by the Board of Aldermen of The City of Neio York as follows: Section 1. Hereafter it shall be unlawful to drive any veliicle over th£ easterly side road or bridle road of the Ocean parkway, between Prospect Park and the Coney Island Concourse, except as it may be necessary to cart or convey supplies to the residences along said easterly side road, or in case of buildings being erected fronting on said side road, when it shall be lawful to cart building materials thereon. In all cases, however, vehicles must enter said side road from the street nearest to said residence or house in course of construction, and must leave the Same at the next following intersecting street. § 2. Any person who violates the provisions of this ordi- nance shall be liable to a penalty of five dollars for each and every oifense. § 3. All ordinances or parts of ordinances of the munici- pal and public corporations consolidated into The City of New York, inconsistent with the provisions of this ordi- nance, are hereby repealed. Adopted by the Board of Aldermen, February 14, 1906. Became law, February 28, 1906. A Resolution in Relation to the Delivery of Supplies to the Residents of West End Avenue. Now therefore be it ordained, that the delivery of supplies to the residents of West End avenue, north of Seventieth street, in the Borough of Manhattan, in The City of New York, v^lU be permitted in the forenoon; but no business vehicle shall enter upon or pass over said parkway after the hour of noon, except by special permission of the Commissioner having jurisdiction. In passing over the said parkway, business vehicles must go direct to place of delivery, must leave the said parkway without unnecessary delay and by the shortest route — the place of entry if possible. Said parkways must not be used to enable busi- ness vehicles to reach places exterior to them. Adopted by the Board of Aldermen, March 6, 190«, Became law, March 20, 1906. 364 GENERAI. ORDINANCES OF THE CITY OF NEW VOEK. An Ordinance Governing Sidewalk Widths in the Borough of Queens. Be it Ordained hy the Board of Aldermen of The CUy of New York as follows: Section 1. In carrying out street improvement? in the Borough of Queens, where the regulation of sidewalks and curbing is affected in all new streets and in old ones, where possible, unless serious difficulties interfere, to be then determined by the President of the Borough, the sidewalks between street lines and curbs shall be of widths as follows: A — Where street is less than forty (40) feet wide, to be determined by the President of the Borough, as each special case may require, special. B — "WTiere street is forty (40) feet wide and less than fifty (50), 10 feet. C — Where street is fifty (50) feet wide and less than sixty (60), 12.5 feet. D — Where street is sixty (60) feet wide and less than seventy (70), 15 feet. E — Where street is seventy (70) feet wide and less than eighty (80), 17.5 feet. F — Where street is eighty (80) feet wide and less than one hundred (100), 20 feet. G — Where street is one hundred (100) feet wdde and over, to be determined by the President of the Borough as each special case may require, special. § 2. For all new sidewalk pavement, the footway shall be not less than five (5) feet in ^^ddth, with either flagstone or artificial stone, in full accordance with or better than called for in the standard specification for this work, on file in the office of the President of the Borough of Queens. § 3. All sidewalks shall be laid on a grade rising from top of the curb, one-half (14) of an inch to each foot, where only one five (5) foot width of pavement is laid; and of one- third (Vs) of an inch where the whole sidewalk width is to be paved. § 4. All ordinances, or parts thereof, now in effect con- flicting with the?e, are hereby repealed. § 5. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, March 20, 1906. Approved by the Mayor, March 27, 1906. An Ordinance Governing Connections With Sewers, Cer- tain Uses of the Public Streets, and the Making of Openings in Pavements and the Restoration Thereof in the Borough of Richmond. Be it Ordained hy the Board of Aldermen of The City of New York as follows: Section 1. Section 13 of an ordinance governing connec- tions with sewers, certain uses of the public streets, and GE^-ERAL ORDINANCES OF THE CITY OF NEW YOEK. 365 the making- of openings in pavements and the restoration thereof in th£ Borough of Richmond, approved July 27, 1903, is hereby amended so as to read as follows: § 13. Fees, restoration of pavements. Fees for the restoration of pavement shall be as follows, for areas less than ten (10) square yards: For restoring granite or other blocks or brick on concrete foundation, per square yard $3 00 For restoring granite or other blocks or brick on sand foundation, per square yard 1 00 For sheet asphalt on concrete foundation, per square yard 3 00 For macadam, per square yard 80 For areas in excess of ten (10) square yards, special, as may be determined by the President of the Borough or his representative. § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 10, 1906. Approved by the Mayor, April 17, 1906. An Ordinance to amend section 14 of article I of "An Ordinance in Relation to the Rules of the Road/* Be it Ordained hy the Board of Aldermen of The City of New York as follows: Section 1. Section 14 of article I of " An Ordinance in Relation to the Rules of the Road," approved and signed by the Mayor December 14, 1903, is hereby further amended so as to read as fololsw: § 14. Surface Cars Taking On or Discharging Passengers. — Surface cars shall stop on the far side of the street at the crosswalk to discharge or take on passengers, excepting that the surface cars operated on Eighth avenue, in the Borough of Manhattan, shall stop both on the near and far side of the street at the intersection of West Ona Hundred and Thirty-fifth street with said avenue. § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 17, 1906. Approved by the Mayor, April 27, 1906. An Ordinance to amend section 721 of the Revised Ordinances of The City of New York of 1897, Relat- ing to the Use of Firearms. Be it Ordained hy the Board of Aldermen of The City of New York as follows: Section 1. Section 721 of the Revised Ordinances of The City of New York of 1897, relating to the firing of firearms, hereby is amended so as to read as follows: § 721. No person shall fire off or discharge any gun, pistol, fowling piece or other firearm in The City of New York, under a penalty of ten dollars for each offense. The 366 GENERAL ORDINANCES OF THE CITY OF NEW YORK. provisions of this section shall not apply to Washington Park, Hamilton Park, Bender's Sehutzen Park, Bellevue Garden, Harlem Kiver Park, Christ's Park, Kuntz's Elm Park, National Park, Karl Park, Hudson Kiver Park, Brien's Under cliff Park, High Bridge; the dock at the foot of One Hundred and Fifty-fifth street. North river; the land lying between One Hundred and Sixty-eighth street, the Hudson river. One Hundred and Seventy-second street and the Kingsbridge road, w^hile said property is used for the pur- pose of a rifle range by the Fort Washington Rifle Club, and no longer; Manhattan Park, situated in One Hundred and Fifty-fifth street, 200 feet west of Eighth avenue; Cos- mopolitan Park, located on One Hundred and Sixty-ninth street and Tenth avenue, near High Bridge; Zeltner's Park, located at the northeast corner of Third avenue and One Hundred and Seventieth street; St. Nicholas Park, located on One Hundred and Fifty-fifth street, between Eighth and Columbus avenues; Fort George Park, located on Amsterdam avenue, west side, between One Hundred and Ninety-fourth and One Hundred and Ninety-seventh streets; Rifle Range, located on the east side of Amsterdam avenue, between One Hundred and Eighty-seventh and One Hundred and Eighty- eighth streets; Manhattan Field, on Eighth avenue, from One Hundred and Fifty-fifth to One Hundred and Fifty- seventh streets; the premisjes of Tony Eiser, on the north- east corner of One Hundred and Eightj^-fifth street and Amsterdam avenue; the Berkeley Oval, on Burnside avenue, between Sedgwdck avenue and Macomb's Dam road; the premises of Henry Martens, No. 1151 Stebbins avenue, known as Pioneer Park; the premises of Theobald Noll (Morrisania Schuetzen Park), No. 1390 Boston avenue; the premises of Morris Dietsch, situated on the East river, ad- joining the premises of the Oak Point Yacht Club, in the Twenty-third Ward; the grounds of the Columbia College Gun Club at Williamsbridge; the- premises of the Washing- ton Heights Club, Orue Hundred and Fifty-second street and Amsterdam avenue; the premises of the Country Club of Westchester County, situated on Eastchester Bay, in the late Town of Westchester, now New York City; the grounds of Mrs. M. W. Ditmar, in Baychester; the grounds of the Kingsbridge Gun Club; the premises at the corner of Willow avenue and One Hundred and Twenty-ninth street, in The City of New York; the grounds of the Melrose Shooting Club at the end of Beretto's Point; the grounds of Frank Strassburg, Broadway and Myers road, Van Cortlandt, New York City; the premises of Frederick Lohbauer, known as Bay View Park, Pelham Bay, Throgg's Neck, Westchester, in The City of New York; the premises known as Nunley's Railroad Hotel and Casino, on Seaside Boulevard, South Beach, Staten Island; the premises of David Crabb, Linole- umville, Staten Island; Madison Square Garden, New York City; the grounds occupied by the Transit Rod and Gun GENERAL ORDINANCES OF THE CITY OF NEW YORK. 367 Club, located near Lafayette avenue and the Bronx river; the premises known as ALanhattan Casino Park, situate on the north side of One Hundred and Fifty-fourth street, be- tween Eighth avenue and Central avenue, m the Borough of Manhattan; the premises of the Craig Lea Rod and Gun Club, Pelham Bay, Bronx Boroup'h; grounds Fox Hills bun Club^ Vanderbilt avenue, Clifton, Fourth Ward, Richmond Borough; the grounds occupied by James A. Henderson on the westerly side of Pelham Bay, 1,500 feet southerly of the New Road Dock; the grounds of D. J. MacLeod, known as Groenfield Park, on Coney Island avenue and Avenue L, in the Thirty-first Ward, in the Borough of Brooklyn. § 2. The provisions of this ordinance permitting the dis- charge of firearms on certain grounds and places shall apply with equal force to all the grounds and places named in section 1 hereof, in whatsoever borough situated. § 3. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. § 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 24, 1906. Approved by the Mayor, May 1, 1906. An Ordinance to amend section 105 of the Ordinance of The City of New York, known as the Building Code. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Section 105 of the ordinance known as the Building Code is hereby amended so as to read as follows: Every building hereafter erected or altered, to be used as a hotel, lodging house, school, theatre, jail, police station, hospital, asylum, institution for the care or treatment of persons, the height of Avhich exceeds thirty-six feet six inches, excepting all buildings for which specifications and plans have been heretofore submitted to and approved by the Department of Buildings, and every other building the height of which exceeds seventy-five feet, except as herein otherwise provided, shall be built fireproof; that is to say — They shall be constructed with walls of brick, stone, Port- land cement concrete, iron or steel, in wrhich w^ood be*ams or lintels shall not be placed, and in which the floors and roofs shall be of materials provided for in section 106 of this Code. The stairs and staircase landings shall be built entirely of brick, stone, Portland cement concrete, iron or steel. No woodwork or other inflammable material shall be used in any of the partitions, furrings or ceilings in any such fireproof buildings, excepting, however, that when the height of the buildings does not exceed twelve stories nor more than 150 feet, the doors and windows and their frames, the trims, the casings, the interior finish when filled solid at the back with fireproof material, and the floor boards and pleepers directly thereunder, may be of wood, but the space S6S GENERAL ORDINANCES OP THE CITY OP NEW YOBK. between the sleepers shall be solidly filled with fireproof materials and extend up to the under side of the floor boards. When the height of a fireproof building exceeds twelve stories, or more than 150 feet, the floor surfaces shall be of stone, cement, rock asphalt, tiling or similar incombustible material, or the sleepers and floors may be of wood treated by some process approved by the Board of Buildings, to render the same fireproof. All outside window frames and sash shall be of metal, or of wood covered wdth metal. The inside window frames and sash, doors, trim and other interior finish may be of wood covered vdth metal, or of wood treated by some process approved by the Board of Buildings, to render the same fireproof. All hall partitions or permanent partitions between rooms in fireproof buildings shall be built of fireproof material and shall not be started on wood sills, nor on wooden floor boards, but be built ux>on the fireproof construction of th© fioor and extend to the fireproof beam filling above. The tops of all door and window openings in such parti- tions shall be at least twelve inches below the ceiling line. § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, May 1, 1906. Approved by the Mayor, May 8, 1906. An Ordinance in Relation to the Discharge of Inflammable or Explosive Gas or Vapor into Sewers or Drains, Either Public or Private, in The City of New York. Be it Ordained hy the Board of Aldermen of The City of 'New York as follows: Section 1. No connection with or opening into any sewer or drain in The City of New York, eith£r public or private, shall be used for the conveyance or discharge, directly or indirectly, into said sewer or drain, of any volatile infiam- mable liquid, gas or vapor, it being noted that a volatile inflammable liquid is any liquid that will emit an inflam- mable vapor at a temperature below 160 degrees Fahrenheit. § 2. Every owner and occupant, severally and respect- ively, of any premises which may be connected with a sewer or drain, either public or private, who shall violate any of the provisions of this ordinance, shall be subject 'to a penalty of fifty dollars ($50) for each and every offense. § 3. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, May 1, 1906. Approved by the Mayor, May 9, 1906. An Ordinance to amend an Ordinance Relating to the Use of Firearms. Be it Ordained hy the Board of Aldermen of The City of New York as follows: Section 1. The ordinance relating to the firing of firearms which was adopted April 24, 1906, and approved May 1, 1906, GENERAL ORDINANCES OF THE CITY OF NEW YORK. 3G0 is hereby amended by adding- at the end of section 1 thereof the following- words: "The grounds of the Aquehonga Gun Club, situated on the northerly side of the Mill road, about 500 feet westerly from the Amboy road, Richmond Valley, Borough of Richmond." § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, May 15, 1906, Approved by the Mayor, May 22, 1906. An Ordinance to amend section 143, part XXVII, of the " Building Code,'* Relating to Fire Limits. Be ii Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Section 143, Part XXVIT, of the Building Code, relating tx> fire limits, so far as the same applies to the First Ward, Borough of Queens, is hereby amended so as to read as follows: On the north by a line one hundred (100) feet north of the northerly side of Nott avenue to a point one hundred (100) feet southeast of the southeasterly side of Jackson avenue; thence southwesterly along Jackson avenue one hundred (100) feet from the southeasterly side thereof to a point ninety (90) feet east of the easterly side of Van Alst avenue; thence southerly ninety (90) feet east of the east- erly side of Van Alst avenufi to Newtown creek, the south- erly and westerly boundaries to remain as now established. § 2. All ordinances or parts of ordinances inconsistent or conflicting with the provisions of this ordinance are hereby repealed. § 3. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, June 12, 1906. Became law, June 26, 1906. An Ordinance to Prevent the Public Display of Indecent Pictures or Prints as Advertisements, Tending to Incite to Acts of Immorality or Crime. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. No person shall post, paste, print, nail, main- tain or display upon any billboard, fence, building, frame or structure, and in any manner expose to public view, as an advertisement of any show, play or performance, any inde- cent print, or any picture, or cut, tending to represent the doing of a criminal act; or representing indecently the limbs or any part of the human body; or the position of persons in relation to each other, tending to deprave the morals of individuals, or shocking to the sense of decency, or tend- ing to incite the mind to acts of immorality or crime, or to familiarize and accustom the minds of young persons with the same. 24 370 GENERAL ORDINANCES OF THE CITY OF NEW YORK. § 2. Any person offending" against any of the foregoing provisions of this ordinance sliall be punished by a line oi not less than ten dollars nor more than $100, or imprison- ment not exceeding ten days; each day such violation shall be wilfully maintained or continued shall he deemed to constitute a separate offense, and render the offender liable to additional arrest and prosecution. Adopted by the Board of Aldermen, June 19, 1906. Became law, July 2, 1906. An Ordinance in Relation to the Discharge of Inflammable or Explosive Gas or Vapor into Sewers or Drains, Either Public or Private, in The City of New York. Be it Ordained hy the Board of Aldermen of The City of New York as follows: Section 1. No connection with or opening into any sewer or drain in The City of New York, either public or private, shall be used for the conveyance or discharge, directly or indirectly, into said sewer or drain, of any volatile inttam- mabLe liquid, gas or vapor, it being noted that a volatile inflammable liquid is any liquid that will emit an inflam- mable vapor at a temperature below 160 degrees Fahrenheit. § 2. Every occupant of any premises which may be con- nected with a sewer or drain, public or private, who shall use or permit or allow to be used said sewer or drain for such purposes as hereinbefore specified in section 1, and every owner of any premises who shall use, permit or allow the use of such sewer or drain for such purposes shall be deemed to have violated the provisions of this ordinance and be guilty of misdemeanor, and shall be punished upon conviction thereof by a fine of fifty dollars ($50), or im- prisonment for thirty (30) days. § 3. This ordinance shall take eft'ect immediately. Adopted by the Board of Aldermen, June 26, 1906. Approved by the Mayor, July 6, 1906. An Ordinance to Provide for the Removal of Buildings Into, Along or Across any Street, Lane or Avenue, or any Public Place, in the Borough of The Bronx, in The City of New York. Be it Ordained by the Board of Aldermen of The City of New York as follows: . No person shall remove, or cause or permit to be removed, or shall aid or assist in removing any building into, along or across any street, avenue, lane, alley or public place in the Borough of the Bronx, City of New York, wdthout per- mission of the President of said borough, under the penalty of two hundred and fifty dollars ($250) for each offense. Adopted by the Board of Aldermen, July 31, 1906. Approved by the Mayor, August 10, 1906. (See ord. app. Dec 3, 1906, infra.) GENERAL ORDINANCES OF THE CITY OF NEW YORK. 371 An Ordinance to amend section 530 of the Revised Ordinances of 1897. § 530. No licensed peddler, vender, haw^ker or huckster shall be allowed to cry his or her wares within 250 feet of any school, court-house, church, building in which religious services are held or hospital between the hours of eight o'clock A. M. and four o'clock P. M. on school days; or stop or remain in Nassau street, between Spruce and Wall streets; or in Chambers street, between Broadway and Centre street; or in Fulton street, between Broadway and Pearl street; or in Avenue A, between Houston and Seventh streets; Park row, from New Chambers to Ann street; Centre street, from New Chambers street to Park row, and Nassau street, from Park row to Ann street, from eight o'clock A. M. to six o'clock P. M. Adopted by the Board of Aldermen, October 23, 1906. Approved by the Mayor, October 30, 1906. An Ordinance to amend sections 242, 248 and 249 of article XIV of the Revised Ordinances of The City of New York of 1897. Be H Ordained hy the Board of Aldermen of The City of New York as follows: Section 1. Sections 242, 248 and 249 of article XIV of the Kevised Ordinances of The City of New York of 1897, in relation to " Flagging, Curbing and Repairing Side- walks," are hereby amended so as to read as follows: § 242. All Greets in the Boroughs of Manhattan and The Bronx, of twenty-two feet in width and upward, shall have sidewalks on each side thereof laid with granite or blue- stone flagging, or artificial stone, in full accordance with that called for in the standard specifications for this work on file in the ofiices of the Presidents of the Boroughs of Manhattan and The Bronx. § 248. No sidewalk or any part of a sidewalk laid with granite or bluestone flagging or artificial stone shall here- after be taken up or the granite or bluestone flagging or artificial stone removed therefrom, for any purpose what- ever, in the Boroughs of Manhattan and The Bronx, without the written permission of the President of the Borough of Manhattan, or the President of the Borough of The Bronx, respectively, as jurisdiction may apply, under the penalty of twenty-five dollars for each offense; but the provisions of this section, unless such work should come within the limits of an ordinance of the Board of Aldermen, shall not apply to anj^ person engaged in the necessary repairs of any such sidewalk, the resetting, when necessary, of any curb or gutter stones that may have become displaced, broken or sunken, or the necessary repair or alteration of any coal slide under any such sidewalk, nor shall a permit for any such purpose be necessary. 372 GENERAL ORDINANCES OF THE CITY OF NEW YORK. § 249. All private cartways, crossing any of the- sidewalks ot the Boroughs of Manhattan and The Bronx, and all side- walks whatever shall be paved with granite or bluestone, or artificial stone, and not with brick or with round or paving stones, under th£ penalty of ten dollars upon the owner and occupant of the lot in front of which such cartway or sidewalk shall be, severally and respectively. § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, October 23, 1906. Received from his Honor the Mayor, November 13, 1906, without his approval or disapproval thereof; therefore, as provided in section 40 of The Greater New York Charter, the same took effect as if he had approved it. An Ordinance Providing for the Removal of Buildings Along and Across the Highways of The City of New York. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Section 269 of the Ordinances of The City of New York, adopted October 30, 1906, and approved Novem- ber 8, 1906, is hereby amended iDy adding thereto at the end thereof the following: " Such permit of the President of said Borough may be granted or refused by him in his discretion. " No person shall remove or cause or permit to be re- moved, or shall aid or assist in removing, any building into, along or across any street, avenue, lane, alley or public place in The City of New York without the permit of the President of the Borough in which such street, avenue, lane, alley or public place may be situated, under the penalty of $250 for each offense." § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, November 20, 1906. Approved by the Mayor, December 3, 1906. Resolution Correcting Clerical Errors in Code of Ordinances. Resolved, That the Code of Ordinances adopted October 30, 1906, and approved by the Mayor November 8, 1906, be and the same is hereby amended in the following par- ticulars, the same being clerical errors. In section 113 of article 2 of chapter 5 of Part I, strike out the words '* Police Magistrate or Justice " and " Police Justice or Magistrate," and in each instance insert in lieu thereof the words " City Magistrate or justice." In section 291 of article 4 of chapter 6 of Part 1, strike out the words " Public Works " and insert in lieu thereof the words " Water Supply, Gas and Electricity." In section 501 of suladivision 11 of chapter 13 of Part I, strike out the words and figure " section 1 of." GENERAL ORDINANCES OF THE CITY OF NEW YORK. 373 In chapter 13 of Part I, renumber subdivisions " 8 and 9 " and " 10 and 11," respectively, " 10 and 11 " and " 8 and 9," and transpose same in their numerical order. In chapter 13 of Part I, renumber sections 502 to 524 of subdivision 12 so that said sections shall read 509 to 531. In section 78 of article 2 of chapter 4 of Part II, and in section 80 of article 1 of chapter 5 of Part II, strike out the word " Police " wherever it appears, and insert in lieu thereof the word " City." In section 55 of chapter 5 of Part III, strike out the words " Resolved, That there " at the beginning of said section and insert in lieu thereof the words " There shall." In section 50 of chapter 5 of Part III, strike out the words " Resolved, That each " and insert in lieu thereof the word " Each." In the following enumerated sections, to wit: Sections 22 and 26 of chapter 1 of Part IX, sections 6, 10, 11, 12 and 13 of chapter 1 of Part XI, and section 1 of chapter 1 of Part XIII, strike out the words "New York City" wherever they may appear, and insert in lieu thereof the words " The City of New York." Adopted by the Board of Aldermen, November 20, 1906. Approved by the Mayor, ' .vember 23, 1906. (The above are incorporated in the Code as herein printed.) Resolved, That Section 37 of article 4 of chapter 1 of Part II of the Code of Ordinances, adopted October 30, 1906, and approved by the Mayor November 8, 1906, be and the same is hereby amended by striking therefrom the words " Police Justice," and inserting in lieu thereof the words '* City Magistrate." Adopted by the Board of Aldermen, November 13, 1906. Approved by the Mayor, November 14, 1906. An Ordinance to amend section 449 of the City Ordinances adopted October 30, 1906, and approved November 8, 1906, relating to the Rules of the Road. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Section 449 of the City Ordinances adopted October 30, 1906, and approved November 8, 1906, is hereby amended so as to read as follows: § 449. Right of Way of Certain Vehicles.— The officers and men of the Fire Department and Fire Patrol, with their fire apparatus of all kinds, when going to, or on duty at, or returning from a fire, and all ambulances, whether of public or private character, and all other vehicles when employed in carrying sick or injured persons to hospitals or other places for relief or treatment, and the officers and men and vehicles of the Police Department, and all phy- sicians who have a Police permit (as hereinafter provided), 374 GENERAL ORDINANCES OF THE CITY OF NEW YORK. shall have the right of way in any street and through any procession, except over vehicles carrying the United {States mail. The Police Department is hereby empowered to issue, upon application therefor, a permit for such right of way to any duly registered physician, which permit shall not be transferable. § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, December 4, 1906. Approved by the Mayor, December 11, 1906. Amendments to Sanitary Code, Passed by Board of Health Since January 1, 1906, and Filed With City Clerk Under Laws 1904, Chapter 628. Resolved, ITiat Section 96 of the Sanitary Code be and the same is hereby amended so as to read as follows: § 96. The owners, lessees, tenants, occupants and man- agers of every building, vessel, or place in or upon which a locomotive or stationary engine, furnace or boilers are used, shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place, so that the same shall not accumulate; nor shall any person cause, suffer or allow smoke, cinders, dust, gas, steam or offensive or noisome odors to escape or be discharged from any such building, vessel or place to the detriment or annoyance of any person or persons not being therein or thereupon engaged. Every furnace employed in the working of engines by steam in any building shall be constructed so as to consume the smoke arising therein or therefrom. Passed by the Board of Health, March 14, 1906. Filed with the City Clerk, March 20, 1906. Resolved, That Section 56 of the Sanitary Code of this Department be and the same is hereby amended so as to read as follows: § 56. No milk shall be received, held, kept, offered for sale or delivered in The City of New York, without a permit from the Board of Health and subject to the conditions thereof. No milk which has been heated, pasteurized, sterilized or subjected to heat in any manner for the purpose of preser- vation, shall be received, prepared, held, kept or offered for sale or delivered in The City of New York, unless the receptacle in which it is contained bears a label stating plainly the process to which the milk has been subjected. Passed by the Board of Health, March 28, 1906. Filed with the City Clerk, April 21, 1906. Resolved, That Section 178 of the Sanitary Code be and is hereby amended so as to read as follows: § 178. Spitting upon the sidewalk of any public street, avenue, park, public square or place in The City of New GENERAL ORDINANCES OF THE CITY OF NEW YORK. 375 York, or upon the floor of any hall in any tenement house which is used in common by the tenants thereof, or upon the floor of any hall or oflice in any hotel or lodging house which is used in common by the guests thereof, or upon the floor of any theatre, store, factory, or of any building which is used in common by the public, or upon the floor of any ferryboat, railroad car or other public conveyance, or upon the floor of any ferry house, depot, or station, or upon the station platform or stairs of any elevated rail- road or other common carrier, or into the street from the cars, stairs or platforms of the elevated railroads, is hereby forbidden. The corporations or persons owning or having the man- agement or control of any such building, store, fac- tory, ferryboat, railroad car or other public conveyance, ferry house, depot or station, station platform or stairs of any elevated railroad or other common carrier, are hereby required to keep permanently posted in each of said places, a sufficient number of notices forbidding spitting upon the floors and calling attention to the provisions of this section. It is hereby made the duty of every corporation or per- son engaged in the manufacture of cigars, cigarettes or tobacco, or conducting the business of printing in The City of New York, where ten or more persons are employed on the premises, to provide proper receptacles for expec- toration. Such receptacles are to be in proportion of one for every two persons so employed, and they are to be cleansed and disinfected at least once in every twenty- four hours. A copy of the preceding paragraph must be kept posted in a conspicuous place in every factory or printing office mentioned therein. Passed by the Board of Health, April 11, 1906. Filed with the City Clerk, April 13, 1906. Resolved, That Section 75 of the Sanitary Code be and the same hereby is amended so as to read as follows: § 75. No cattle, sheep, swine or calves shall be driven in the streets or avenues of the Borough of Manhattan without a permit from the Department of Health, except in those cases where the said cattle, sheep, swine or calves shall be landed at the foot of the street leading to the slaughter-house to which they shall be destined, and where the streets shall be effectively barred or closed, so as to prevent the escape of such cattle, etc., during the transfer from the dock to the slaughter-house. No cattle, sheep, swine or calves shall be landed in the Borough of Man- hattan except in accordance with the provisions and restrictions of this ordinance. No cattle, calves, swine or sheep shall be driven in the Boroughs of The Bronx, Queens or Richmond, exqept in 376 GENERAL ORDINANCES OF THE CITY OF NEW YORK. such streets, avenues or roads as shall be set apart and designated by the Board of Health. Passed by the Board of Health, April 25, 1906. Filed with the City Clerk, April 27, 1906. Resolved, That Section 70 of the Sanitary Code be and the same hereby is amended so as to read as follows: § 70. No cattle, sheep, swine, horse, goat, goose, or mule, or any dangerous or offensive animal, shall be allov^'^ed by any owner, or by any person having charge of the same, to go at large in any street or public place in The City of New York. No swine or cattle shall be unloaded from any car upon any street or public place in The City of New York except pursuant to a permit from the Board of Health. On and after June 1, 1906, no cattle, calves, swine or sheep shall be driven upon any public street or avenue in the Borough of Brooklyn. Passed by the Board of Health, April 25, 1906. Filed with the City Clerk, April 27, 1906. Resolved, That Section 70 of the Sanitary Code of this Department be and the same is hereby amended so as to read as follows: § 70. No cattle, swine or sheep shall be driven through any public street or avenue in the Borough of Brookhn without a permit from the Board of Health in writing, and subject to the conditions thereof. Passed by the Board of Health, June 13, 1906. Filed with the City Clerk, June 19, 1906. Resolved, That Sections 68 and 69 of the Sanitary Code be and the same are hereby amended so as to read as follows: § 68. No person shall have, sell or offer for sale in The City of New York, any food which is adulterated or mis- branded. The term food as herein used shall include every article of food and every beverage used by man, and all confectionery. Food as herein defined shall be deemed adulterated: (a) If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. (b) If any inferior or cheaper substances have been substituted wholly or in part for the article. (c) If any valuable constituent of the article has been wholly or in part abstracted. (d) If it consists wholly or in part of diseased or decomposed or putrid or rotten animal or vegetable sub- stance, or any portion of any animal unfit for food, whether manufactured or not, or if it is a product of a diseased animal, or one that has died otherwise than by slaughter, GENERAL ORDINANCES OF THE CITY OF NEW YORK. 377 (e) If it be colored or coated or polished or powdered, whereby damage is concealed or it is made to appear bet- ter than it really is. (f) If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to health; or if it contains any antiseptic or preservative not evident and not known to the purchaser or consumer. (g) If, in the case of confectionery, it contains terra alba, barytes, talc, chrome yellow, or other mineral sub- stance or poisonous color or flavor, or other ingredient deleterious or detrimental to health; or any vinous, malt or spirituous liquor or compound or narcotic drug. (h) If, in the case of spirituous, fermented and malt liquors, they contain any substance or ingredient not nor- mal or healthful to exist in such liquors, or which may be deleterious or detrimental to health when such liquors are used as beverages. Food shall be deemed misbranded: (a) If it be an imitation or offered for sale under the dis- tinctive name of another article. (b) If it be labeled or branded so as to deceive or mis- lead the purchaser, or purport to be a foreign product when not so; or if the contents of the package as origin- ally put up shall have been removed in whole or in part and other contents shall have been placed in such package; or if it fails to bear a statement 9n the label of the quantity or proportion of any morphine, opium, cocaine, heroin, chloroform, cannabis indica, chloral hydrate, or acetani- lid, or any derivative or preparation of any such sub- stances contained therein, (c) If in package form and the contents are stated in terms of vs^eight or measure, they are not plainly and cor- rectly stated on the outside of the package. (d) If the package or its label shall bear any statement, design, or device regarding the ingredients or the sub- stances contained therein, which statement, design, or device shall be false or misleading in any particular: Pro- vided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged, so as to plainly indicate that they are compounds, imitations, or blends, and the word " compound," " imitg,- 378 GENERAL ORDINANCES OF THE CITY OF NEW YORK. tlon," or " blend," as the case may be, is plainly stated on the package in which it is offered for sale: Provided, That the term blend as herein used shall be construed to mean a mixture of like substances, not excluding harmless col- oring and flavoring only; and provided further, That nothing in this section shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the pro- visions of this section may require to secure freedom from adulteration or misbranding. § 69. No person shall manufacture or produce or have, sell, or offer for sale in The City of New York any drug which is adulterated or misbranded. The term drug as herein used shall include all medicines for external or internal use, or both. Drugs as herein defined shall be deemed adulterated: (a) If when sold by or under a name recognized in the United States pharmacopoeia or National formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States pharmacopoeia or National formulary official at the time of investigation; Provided, That no drug defined in the United States pharmacopoeia or National formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States pharmacopoeia or National formulary. (b) If its strength or purity falls below the professed standard under which it is sold. A drug shall be deemed misbranded: (a) If it be an imitation or offered for sale under the distinctive name of another article. (b) If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein. Passed by the Board of Health, September 19, 1906. Filed with the City Clerk, September 21, 1906. GENERAL ORDINANCES Addenda to January 1, 1908. An Ordinance to Minimize Danger to Passengrers Boarding and Alighting from Railroad Cars on Broadway, Between Fifty-nintli and Manhattan Streets, in the Borough of Manhattan. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. For the purpose of minimizing danger and in order that passengers may more conveniently board and alight from the railroad cars operated on Broadway, between Fifty-ninth and Manhattan streets, in the Borough of Manhattan, the railroad com- pany, or companies, operating cars on said thoroughfare shall re- quire the conductor to open the gate on the rear end of each and every car on the side nearest the parkways or small parks in the centre of said Broadway. § 2. A failure on the part of the company, or companies, operat- ing cars on said Broadway, or on the part of any employee or em- ployees thereof, to comply with the provisions of this ordinance, shall subject the company, companies or other persons so offend- ing to a penalty of twenty-five dollars for each and every failure so to do. § 3. All ordinances or parts of ordinances inconsistent or con- flicting with the provisions of this ordinance are hereby repealed. § 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, February 26, 1907. Received from his Honor the Mayor, March 12, 1907, without his approval or disapprov-al thereof; therefore, as provided in section 40 of the Greater New York Charter, the same took effect as if he had approved it. An Ordinance Proyiding for the Conspicuous Numbering of Buildings in the Borough of Manhattan, City of New York. Be it Ordained by the Board of Aldermen of The City of New York OS follows: Section 1. The owner of every building in the Borough of Manhattan, City of New York, upon a street to which street num- bers have been assigned shall cause the street number of the same to be plainly and legibly displayed in such manner that the same may be seen and read from the sidewalk in front thereof. § 2. Any person violating this ordinance shall be liable to a penalty of $25, to be recovered in an action which shall be brought by the Corporation Counsel after giving thirty days' written notice 380 GENERAL ORDINANCES OF THE CITY OF NEW YORK, to the owner of the building to comply with the ordinance. Such notice shall be given by depositing the same, together with a copy of this ordinance, in a postpaid wrapper in the New York Post Office, addressed to the owner of the building at the building, § 3. It shall be the duty of the Police Department to report to the Corporation Counsel all violations of this ordinance forthwith. The Corporation Counsel shall furnish the Police Department with duplicates of all notices sent to the owners of buildings, and it shall be the duty of the Police Department, immediately after the expiration of thirty days from the date of said notice, to report to the Corporation Counsel each instance of non-compliance with the ordinance, § 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, March 19, 1907. Approved by the Mayor, March 27, 1907. An Ordinance Regrnlating" the Placing: of Electric Signs in The City of New York, and Proyidingr That the Same Shall Be Licensed. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Any electric letter, word, model, sign, device or representation in the nature of an advertisement, announcement or direction erected at right angles to any building shall be deemed to be an electric sign, § 2. Electric signs may be hung or attached at right angles to buildings, and extend not to exceed six feet therefrom in said space, and to be ten feet in the clear above the level of the sidewalk in front of such building, upon the payment of an annual license fee of 10 cents for each square foot of sign space or part of square foot of such sign space, to be collected by the City Clerk of The City of New York, The square feet of sign space on one side of an electric sign, however, shall be deemed to be the entire number of square feet of sign space for the purpose of computing the license fee herein referred to and required to be paid. All electric signs shall be constructed entirely of metal, includ- ing the uprights, supports and braces for the same, properly and firmly attached to the building, and shall be so constructed as not to be or become dangerous. Before any permit is issued by the City Clerk plans and state- ments of the proposed sign and method of attachment to the build- ing must be filed with the Superintendent of Buildings having jurisdiction, as provided in part 2, section 4, of the Building Code, and his certificate of approval be obtained as to the sufficiency of the construction and method of attachment to the building, A certificate must also be obtained from the Department of Water Supply, Gas and Electricity certifying that the proposed electric wiring and electric appliances are in conformity with the rules and regulations of that Department. § 3, No certificate shall be given by the Superintendent ot Buildings, and no permit shall be issued by the City Clerk, for the erection of electric sign or signs on any building when such GENERAL ORDINANCES OF THE CITY OF NEW YORK. 381 building adjoins a building occupied exclusively as a private resi- dence, unless the written consent of the owner or owners of said private residence for the erection of such electric sign be first ob- tained. § 4. No electric sign shall be placed, hung or maintained, ex- cept as in this ordinance provided, under a penalty of ten dollars for each offense, and a further penalty of ten dollars for each day or part of a day the same shall continue. § 5. All ordinances or parts of ordinances inconsistent or con- flicting with the provisions of this ordinance are hereby repealed. § 6. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 30, 1907. Approved by the Mayor, May 7, 1907. Whereas, The Board of Aldermen, at a meeting held April 30, 1907, adopted an ordinance "regulating the placing of electric signs in The City of New York and providing that the same shall be duly licensed," which ordinance was approved by the Mayor May 7, 1907, and is now in full force and effect; and Whereas, Said ordinance exacts that certain requirements of the Bureau of Buildings and the Department of Water Supply, Gas and Electricity be complied with before the necessary license thereunder can be issued by the City Clerk; and Whereas, Proper compliance with the provisions of the ordi- nance and determination thereof by the several departments af- fected require a reasonable time, therefore be it Resolved, That the force and effect of the said ordinance "regu- lating the placing of electric signs in The City of New York and providing that the same shall be licensed" be and hereby are sus- pended up to August 1, 1907, in order that persons who maintain such signs may be enabled to comply with the provisions of said ordinance; further Resolved, That the Police Department, through its various precinct commanders, be and hereby is directed to inform all persons who maintain electric signs of the purport of this resolu- tion and that upon the expiration of the time herein contemplated the provisions of the penalty clauses of the said ordinance relating to electric signs will become operative. Adopted by the Board of Aldermen, June 11, 1907. Approved by the Mayor, June 19, 1907. All Ordinance in Eolation to the Erection of Warning" Signs to Preserve the Peace and Quietude of Persons Confined in Hospitals and Like Places in The City of New York. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. The several Borough Presidents are hereby author- ized to erect, within their discretion, on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of intersecting streets, avenues or thoroughfares on which may be located a hospital, lying-in asylum, sanatorium or other institution reserved for the treatment of the sick, a sign 382 GENERAL ORDINANCES OF THE CITY OF NEW YORK. or signs displaying the words "Notice — Hospital Street," and such other warning or admonition to pedestrians and drivers to refrain from making any or such noises or fast driving as may tend to disturb the peace and quietude of any or all of the inmates of any such institution. § 2. Any person guilty of making any unnecessary noise or a failure to drive at a speed not faster than a walk on any of the streets, avenues or thoroughfares which have hereunder been designated as "hospital streets," and for which such warning signs as described in the preceding section have been erected, shall, upon conviction thereof by a City Magistrate or upon a confession of guilt, be fined in a sum not exceeding ten dollars ($10), and upon a failure to pay such fine, to imprisonment in the City prison for a term not to exceed ten days. § 3. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, June 25, 1907. Approved by the Mayor, July 2, 1907. An Ordinance Amending Section 277 and 280 of the Code of Ordinances of The City of New Yorlc, Adopted October 30, 1906, and Approved November 8, 1906, Relating to Sur- veyors^ Fees. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Section 277 of the Code of Ordinances of The City of New (York, adopted October 30, 1906, and approved Novem- ber 8, 1906, hereby is amended so as to read as follows: § 277. The City Surveyors employed by any Borough Presi- dent shall receive compensation for their services as follows, and no Surveyor's bill shall be paid unless the same be first certified by the Borough President employing him: For a preliminary survey in regulating a street or avenue or for making a country road, for the first line of levels five cents per linear foot, measuring through the centre of the street, avenue or road, and for each additional line of levels one and one-half cents per linear foot, to be measured in the same manner. For grading, when done alone, eight cents per linear foot, measur- ing through the centre of the street or avenue. For grading and setting curb arid gutter, when done under the same contract, twelve cents per linear foot, measuring through the centre of the street or avenue. For grading and setting curb and gutter and flagging or paving, when done under the same contract, fourteen cents per linear foot, measuring through the centre of the street or avenue. For setting curb and gutter alone four cents per linear foot along the line of the work done. For setting curb and gutter and flagging or paving, when done under the same contract, but not in connection with the grading, twelve cents per linear foot, measuring through the centre of the street or avenue. For flagging, when done alone, five cents per linear foot along the line of the work done. GENERAL ORDINANCES OF THE CITY OF NEW YORK. 383 For fencing, including preliminary survey, five cents per linear foot. For making a country road fourteen cents per linear foot, measur- ing through the centre of the road. For establishing a new grade line one and one-half cents per linear foot, measuring along the line. For making the necessary surveys and furnishing all necessary copies of damage maps in street opening proceedings, three cents per linear foot, measuring along the exterior line of the street or avenue, and along all interior boundary lines of each parcel in- cluded within said street or avenue lines; and for assessment lists and maps for street openings or other improvements, three cents per linear foot of map front; and for every additional copy of list and map required, two cents per linear foot of map front. A Surveyor employed by one of the Borough Presidents to make a survey, the compensation for which is not otherwise provided, shall receive such compensation as shall be agreed upon in writing between the Surveyor and said Borough President, before the survey or work be undertaken, and after the completion of the said survey or work the Surveyor's bill shall be certified by the Borough President in accordance with the terms of such agreement. § 2. Section 280 of said Code of Ordinances hereby is amended so as to read as follows: § 280. A Surveyor shall be entitled to receive fifteen dollars for every certificate for payment to a contractor on any work done by contract made upon public advertising and letting, which shall be paid by the Borough President making the contract, and except as herein otherwise provided, no Surveyor. shall be entitled to any payment for a certificate to a contractor. The amount so paid for a certificate shall be deducted from the payment to be made to the contractor on account of the work certified to be done. § 3. All ordinances and parts of ordinances inconsistent here- with hereby are repealed. § 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, December 10, 1907. Received from his Honor the Mayor, December 31, 1907, without his ap^ Sroval or disapproval thereof; therefore, as provided in section 40 of the Greater ew York Charter, the same took effect as if he had approved it. An Ordinance Regulating* the Matters Provided for in sec- tion 1481 of the Laws of 1897, as Amended by Chapter 466 of the Laws of 1901, Known as the Greater New York Charter. Section 1481 being one of the sections specified under the title "The Second Schedule." "Section to remain in force until changed by the Board of Alder- men." Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. It shall not be lawful to exhibit on the first day of the week, commonly called Sunday, to the public, in any building, garden, grounds, concert room or other room or place within The 384 GENERAL ORDINANCES OF THE CITY OF NEW YORK. City of New York, the performance of any tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing, WTestling, boxing with or without gloves, sparring contest, trial of strength, or any,part or parts therein, or any circus, equestrian or dramatic performance or exercise, or any performance or exercise of jugglers, acrobats, club performances or rope dancers. Provided, however, that nothing herein contained shall be deemed to prohibit at any such place or places on the first day of the week, commonly called Sunday, sacred or educational vocal or instrumental concerts, lectures, addresses, recitations and singing, provided that such above mentioned -entertainments shall be given in such a manner as not to disturb the public peace, or amount to a serious interrup- tion of the repose and religious liberty of the community. Any person wilfully offending against the provisions of this section, and every person knowingly aiding in sifch exhibitions, except as herein provided, by advertisements or otherwise, and every owner or lessee of any building, part of a building, grounds, garden or concert room, or other room or place, who shall lease or let out the same for the purpose of any such exhibition or performance, except as herein provided, or assent that the same be used for any such purpose, shall be subject to a penalty of five hundred dollars, which penalty the Corporation Counsel of said City is hereby authorized, in the name of The City of .New York, to prosecute, sue for and recover; and on the recovery of a judgment for the penalty herein provided for against any manager, proprietor, owner or lessee consenting to or causing or allowing, or letting any part of the building for the purpose of any exhibition or performance, pro- hibited by this ordinance, the license which shall have been previ- ously obtained by such manager, proprietor, owner or lessee is of itself vacated and annulled. § 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, December 17, 1907. Approved by the Mayor, December 19, 1907. Amendments to Sanitary Code from September 19, 1906, to January 1, 1908. Amendment to Section 96 of the Sanitary Code and adding: new Section 181. Section 96. The owners, lessees, tenants, occupants and man- agers of every building, vessel or place in or upon which a loco- motive or stationary engine, furnace or boilers are used, shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place, so that the same shall not accumulate; nor shall any person cause, suffer or allow cinders, dust, gas, steam or offensive or noisome odors to escape or be discharged from any such building, vessel or place to the detriment or annoyance of any person or persons not being therein or thereupon engaged. § 181. No person shall cause, suffer or allow dense smoke to be discharged from any building, vessel, stationary or locomotive GENERAL ORDINANCES OF THE CITY OF NEW YORK. 385 engine, place or premises within The City of New York, or upon the waters adjacent thereto, within the jurisdiction of said City. All persons participating in any violation of this provision, either as proprietor, owners, tenants, managers, superintendents, cap- tains, engineers, firemen or otherwise, shall be severally liable therefor. Passed by the Board of Health, December 19, 1906. Filed with the City Clerk, December 22, 1906. Amendments to Sections 182 and 183 of the Sanitary Code. Section 182. No cocaine or salt of cocaine, either alone or in combination with other substances, shall be sold at retail by any person in The City of New York except upon the prescription of a physician. § 183. It shall be the duty of all persons having in their posses- sion bottles, cans or other receptacles containing milk or cream, which are used in the transportation and delivery of milk or cream, to clean or cause them to be cleaned immediately upon emptying; and no person shall use or cause or allow to be used any such re- ceptacle for any purpose whatsoever other than the holding of milk or cream, or receive or have in his possession any such re- ceptacle so used or which is unclean or in which milk or cream has been allowed to stand until offensive. Passed by the Board of Health, January 28, 1907. Filed with the City Clerk, January 31, 1907. Amendment to Section 45 of the Sanitary Code. Section 45. The body of any animal or any part thereof, which is to be used as human food, shall not be carried or carted through the streets or avenues, unless it be so covered as to protect it from dust and dirt; and no meat, poultry, game or fish shall be hung or exposed for sale in any street or outside of any shop or store, or in the open windows or doorways thereof, in The City of New York. No meat or dead animal above the size of a rabbit shall be taken to any public or private market to be sold for human food until the same shall have been fully cooled after killing, nor until the entrails and feet (except of poultry and game, and except the feet of swine) , shall have been removed. Passed by the Board of Health, March 22, 1907. Filed with the City Clerk, March 23, 1907. Amendment to Section 79 of the Sanitary Code. Section 79. No live chickens, geese, ducks, or other fowls, shall be brought into, or kept, or held, or offered for sale, or killed, in any yard, area, cellar, coop, building, premises, or part thereof, or in any public market, or on any sidewalk, except upon premises used for farming in unimproved sections of the City, without a permit from the Board of Health and subject to the conditions thereof. Passed by the Board of Health, March 27, ] 007. Filed with the City Clerk, March 30, 1907. 25 rf5b GENERAL ORDINANCES OF THE CITY OF NEW YORK. Amendment to Section 21 of the Sanitary Code. Section 21. For all lodging-houses in The City of New York con- taining rooms in which there are more than three beds for the use of lodgers or in which more than six persons are allowed to sleep, a permit from the Board of Health shall be required, and no person shall have, lease, let or keep any such lodging-house or the lodgings therein, or assist in the keeping, hire, or assist in hiring, or conduct the business of any such lodging-house, or the lodgings therein, except pursuant to the terms and conditions of such permit. The beds in all lodging-houses and in every room in which beds are let for lodgers shall be separated by a passageway of not less than two feet, horizontally, and all the beds shall be so arranged that under each of them the air shall freely circulate and there shall be adequate ventilation. Four hundred cubic feet of air space shall be provided and al- lowed for each bed or lodger. Lodging-houses shall be conducted in accordance with rules and regulations adopted from time to time by the Board of Health and which are hereby made a part hereof. Passed by the Board of Health, April 10, 1907. Filed with the City Clerk, April 15, 1907. Amendment to Section 66 of the Sanitary Code. Section 56. No milk, cream, or condensed milk (unless such condensed milk is in hermetically sealed cans), shall be received, held, kept, offered for sale or delivered in The City of New York without a permit in writing from the Board of Health, and sub- ject to the conditions thereof. No milk which has been heated, pasteurized, sterilized or sub- jected to heat in any manner for the purpose of preservation, shall be received, prepared, held, kept, or offered for sale or delivered in The City of New York, unless the receptacle in which it is con- tained bears a label stating plainly the process to which the milk has been subjected. Passed by the Board of Health, September 18, 1907. Filed with the City Clerk, September 20, 1907. Amendment to Section 184 of the Sanitary Code. Section 184. No person other than a licensed physician shall practice midwifery in The City of New York without a permit of the Board of Health authorizing such practice, and no person unless authorized by law to do so shall conduct a lying-in hospital, home, or place for the care of pregnant and parturient women, or advertise, offer, or undertake to receive and care for them at such place, or at his or her home, without a permit from the Board of Health. Passed by the Board of Health, November 6, 1907. Filed with the City Clerk, November 11, 1907. Amendment to Section 5 of the Sanitary Code. Section 5. The word " physician " shall include every person who practices about the cure of the sick or injured, or who has the GENERAL ORDINANCES OF THE CITY OF NEW YORK. 387 charge of, or professionally prescribes for, any person sick, injured or diseased; and the phrase "infectious disease" shall be held to include all diseases of an infectious, contagious or pestilential nature. Passed by the Board of Health, November 20, 1907. Filed with the City Clerk, November 23, 1907. Amendment to Section 95 of the Sanitary Code. Section 95. No fat, tallow or lard shall be melted or rendered, except when fresh from the slaughtered animal, and taken directly from the places of slaughter in The City of New York, and in a con- dition free from sourness and taint and all other causes of offense at the time of rendering, and all melting and rendering must be in steam-tight vessels, and the gases and odors therefrom must be destroyed by combustion or other means equally effective, and according to the best and most improved means and processes; and everything preceding, following, and in connection with such melting and rendering, and the premises where the same shall be conducted, must be free from all offensive odor, and other cause of detriment to the public health. No fat, lard, pr tallow shall be brought into The City of New York to be rendered or melted, and none shall be rendered or melted that has come from any place outside of said City. The business of melting or rendering fat, tallow or lard shall not be carried on or conducted in The City of New York without a permit from the Board of Health. Passed by the Board of Health, December 23. 1907. Filed with the City Clerk, December 28, 1907. Amendment to Section 119 of the Sanitary Code. Section 119. No person shall engage in the business of trans- porting manure, swill, ashes, garbage, offal or any offensive or noxious substance, or drive any cart for such purpose, in The City of New York, without a permit from the Board of Health. Passed by the Board of Health, December 31, 1907. Filed with the City Clerk, January 4, 1908. Amendments to Park Rules to January 1, 1908, 'Sevf Section 31 of Park Rnles and Regrulations. Adopted in Park Board of the City of New York, December 5, 1907: The Park Board does hereby establish the following rule and regulation for the protection of the public parks and traffic roads of The City which shall be known as Section 31 of the General Park Ordinances, Rules and Regulations, Chapter 16 of the Code of Ordinances of The City of New York: No automobile or horseless or other vehicle, wearing chains over the tires of their wheels shall enter the public parks or the traffic roads under the jurisdiction of the Board of Parks, without permis- sion of the Commissioner having jurisdiction. This rule and regulation shall take effect December 16, 1907. Filed with the City Clerk, December 10, 1907. INDEX TO ADDENDA. Amusements. (See Sunday Exhibitions.) Automobiles. (See Parks.) Electric signs, regulations concerning 1-5 PAGE. 380 Hospitals, signs designating "Hospital Streets" 1-2 Numbering buildings 1-3 Parks, chains on wheels of automobiles forbidden 1 Railroads. (See Surface Railroads.) Sanitary Code: animals, section 45 amended 45 chickens, section 79 amended 79 cocaine, sale of, forbidden (new) 182 fat, section 95 amended 95 garbage, section 119 amended 119 infectious disease, section 5 amended 5 lodging-houses, section 21 amended 21 manure, section 119 amended 119 midwifery, section 184 (new) 184 milk, section 56 amended 56 milk cans, to be cleaned (new) 183 physicians, section 5 amended '. 5 smoke, section 96 amended 96 new section 181 181 Signs. (See Electric Signs, Hospitals.) Streets. (See Hospitals.) Simday exhibitions, regulated 1 Surface railroacfs, regulations as to opening gates on Broadway cars between 59th and Manhattan streets 1 Surveyors, city, amending sections 277 and 280 277, 280 381 379 387 385 385 385 387 387 386 386 387 386 386 385 386 384 384 383 379 382-383 INDEX The section references are to the official section niimbers. (M.) refers to Manhattan. (B.) refers to Brooklyn. A. SECTION. PAOB. Accidents. (See Barriers to Prevent.) Advertising" matter. (See Handbills.) Advertising trucks, in Manhattan 41 281 Advertisements, indecent pictures as, for- bidden 500 114,369 where prohibited 8^84 289 Alarms of tire. (See False Alarms of Fire.) Aldermen, board of: reports of committee, how made 3 2 duties of Clerk 4-7 2-3 Amendments to Code, General Ordinances, . . . 363-374 to Sanitary Code 374-375 Aqueduct, Croton, regulations of 285-8 64-65 Areas: (See Obstructions, Encroachments, Borough Presidents, Streets, Side- walks). limits of 180 38 upon Broadway 181 39 penalty for violations 182 39 upon Fourteenth street 183 40 penalty for violation 184 40 how constructed 185 40 ornamental court-yards 192 41 how ordered removed 221-3 48 in parks. (See Parks.) Ashes. (See Streets.) depositing on wooden floors (B.) 26 298 Atlantic Avenue Railroad crossing (B.) .... 26 299 Auctioneers: in Manhattan: regulations concerning 27-32 278-279 penalties 33 279 Automobiles in parks. (See Parks.) Automobiles: regulations in Manhattan 92-94 290-291 using streets. (See Rules of the Road.) Averne-by-the-Sea, special ordinances of . . . . 1-28 341-347 380 INDEX. Awnings: (See Obstructions, Encroach- section. ments, Borough Presidents.) erection of 252 control of Borough President over 253 owners liable for damages from 254 license for may be revoked 255 iron posts, how built 256, 257 penalty for violations 258 present awnings not affected 259 Long Island City: regulations 11-19 B. Balustrades: permit for erection of 249 erection of 250, 251 regulations in Long Island City 8-10 sale of goods upon, prohibited 261 Barber-poles: regulations concerning 263-4 removing (see Obstructions, Encum- brances). Barriers to prevent accidents: excavations to be fenced 209 vaults and sewers 210 erection of 211 liability of persons excavating 212 penalties 213 Borough President to enforce 214 contracts to contain covenants for, 215, 216,218 lights to be burned at night on 215 roads to be fenced when dug 216-217 Bathing: (See Nuisances.) in Flushing 21 in Manhattan 38 Baths. (See Public Baths.) Bay-windows: permits for 224 applications for erection 225 fees for permits -. 226-228 not to exceed three feet 227 filing permits 228 all permits revocable 229 permits for reconstruction 230 not to conflict with Building Code 231 permit to continue existing 232 fees to be accounted for 233 penalty for violation 234 removal of 221-3 in parks. (See Parks.) Bicycles, etc., in parks. (See Parks.) in streets. (See Rules of Eoad.) improper use of streets 460-462 55 56 56 56 56 56 57 310-312 55 55 310 57 58-59 43 44 44 45 45 45 45-46 45 45-46 322 280 48 49 49-50 50 50 50 50 51 51 52 52 48 107 INDEX. 381 SECTION. Bill boards, theatrical (B.) 81 Billiard tables: require licenses. (See Licenses.) defined 355 Blasting of rocks: regulations in Manhattan 85-87 Long Island City 4CMt2 Board of Aldermen. (See Aldermen.) Board of Commissioners of Sinking Fund. (See Sinking Fund.) Bonds, of whom required 476 Bootblack stands. (See Stands.) Booths. (See Stands.) Botanical gardens in Bronx. (See Parks.) Borough Presidents: (See Pavements, Areas, Streets, Sidewalks, Vaults, Monument Stones, Sewers, Obstructions, Bay- windows, Ornamental Projections, Platforms, Stoops, Steps, Barriers to Prevent Accidents, Numbering Houses, Moving Buildings, etc.) make contracts for work, materials or supplies 84 authorize extra work 85 payments under made by warrants 86,87 to report to Board of Aldermen 88 bids required for all contracts over $1,000 89 surveys to be prepared when necessary, 89 control over expenditures 90 duties as to encroachments and assess- ments 91 may grant permits 92 records of moneys received 93 removal by, of encumbrances 94 notes as to accounts of 95 encumbrances removed to be recorded.. 97 sale of removed articles 98 jurisdiction over corporation yards 99 may temporarily close streets 100 removing certain encroachments 221-3 numbering streets. (See Numbering Streets.) encumbrances forbidden (with notes) , . 219 Brooklyn: permits to builders 1 lights and guards 2 gutter-bridges 3 Long Island City: may remove obstructions 20 Richmond. (See Richmond.) PAGE. 308 83 280-290 315 110 18 18 18 19 19 19 19 19 19 19 20 20 20 20 21 21 21 48 46 291 292 292 312 382 INDEX. Bowling" alleys: section. page. require licenses. (See Licenses.) defined 354 83 Bread, sale and manufacture of (M.) 15-17 276 Bridg-es, injury to (B.) 80 308 names of 491 112 over g-utters, regulations 523 119 speed on, Brooklyn 77 308 Broadway: projections thereon forbidden 181 39 penalty for violation 182 39 Building Code: actions 151, 152 251, 253 to remove violations 156 258 aisles and passageways 108,109 215,216 alcoves 46 187 alterations 3, 4, 142 168, 240 amusements, places of public. (See Theatres.) anchors for walls 41, 42 186 for wood beams and girders 60, 61 193 apartment houses: definition 9 171 regulations 53 189 walls 31 181 application to remove violation and va- cate 156 258 arches: and lintels 42 186 trimmer 64 194 areas 56 191 ashlar, regulations 29 180 asylums, walls of 31 181 balconies. (See Piazzas.) base courses 26 178 bay-vsdndows 73 198 beams: floor, steel, iron and rolled steel.. 117,120 121 228,229 wood 59, 60 192, 193 strength of materials 139 230 bearing capacity of soil 23 175 bearing walls 28 179 blinds. (See Shutters.) Board of Examiners 149 250 boarding houses. (See Lodging Houses.) boilers and heating furnaces 84 201 bolting structural work 124 230 braces for walls 41 186 breweries, walls of 32 183 brick: quality of 13 172 laying of, freezing weather 28 179 INDEX. 383 Building- Code — Continued: section. page. brickwork, working- stress 139 236 builder may submit plans, etc 4 168 Building Code: title, construction 1 168 violations, penalties 150, 152 250, 253 buildings : must be built as Building Code prescribes 3 168 plans for 4 168 exhibitions 82 200 fire apparatus. (See Fire Appa- ratus.) fireproof. (See Fireproof.) frame. (See Frame Buildings.) heights of 6 170 width of 7 170 new and to be altered 3 168 public 108 215 walls of 32 182 raised, lowered, altered, moved.... 142 240 unsafe. (See Unsafe Buildings.) bulkheads on roofs and §cuttles 92 204 buttresses. (See Piers.) cap stones 28 179 cast-iron. (See Iron.) cast-steel. (See Steel.) ceilings: cellar.... 68 192 construction. (See Apartment Houses, Fireproof Buildings, Theatres, etc.) protection from kitchen stoves, etc. 84-87 201, 202 cellar ceilings 58 192 cement, mortar 16 172 chases and recesses in walls 46 187 chimneys: above roofs 30 180 cupolas 67 195 supports 66 195 how constructed 65 194 churches. (See Public Buildings, Cel- lars, Floors.) walls of 32 183 club-houses, walls of 32 183 columns: cast-iron 112 226 double 113 227 interior, incasing 107 215 open-back 115 227 strength of 138 235 wood, and plates 61 193 oo4 INDEX. « Building" Code — Continued: section. Commissioners of Buildings: approving plans 4, 5 bringing suits 151 computations for strength of ma- terials 136 concrete 18 working strength of 139 connecting structural work 122 cornices and gutters 91 Corporation Counsel, to bring suit 151 court, proceedings, unsafe buildings... 155 cupolas, chimneys of 67 curtain walls 37 dangerous buildings 157a debris, removal of, under fallen build- ings 157 demolishing buildings. (See Buildings.) diagrams of theatre exits. (See The- atres.) doors and shutters, fireproof 104 In public buildings 108 double columns 113 drainage, plumbing, and repairs thereto 141 drawings, furnished with plans 4 drying-rooms 86 ducts: for pipes 70 vent, pipes and flues, foul air. ..... 68 hot air 69 dumb-waiter shafts 97 dwellings: cellar floors 57 entrance to basements 74 of certain heights 53 private, definition 8 walls, thickness of 31 earth. (See Bearing Capacity of Soil.) egress. (See Public Buildings, The- atres.) elevators : and hoistways 95 dumb-waiter shafts 97 in existing hotels 97 Inclosures 96 inspection of 101 screen under sheaves 100 staircase inclosures 98 engineers' stationary ladders 76 entering buildings, oflicers of depart- ment ma y 160 entrance to bftsepicnt ,..,..,, , 74 168-170 251 234 173 236 229 204 251 256 195 185 260 250 210 215 227 238 16S 202 197 196 197 207 191 198 189 171 181 205 207 207 20<5 207 207 207 198 261 198 INDEX. 385 Building Code — Continued: section. Examiners, Board of 149 excavations 22 exhibition buildings 82 extinguishers, fire, in certain buildings, 102 factors of safety 137 factories. (See Walls, Cellars, Floors, etc.) fences of wood 144 filing plans and statements 4 fire apparatus: auxiliary, for buildings 102 extinguishers 102 fireplaces. (See Chimneys.) fire limits: Manhattan 143 The Bronx 143 Brooklyn 143 Queens 143 ordinance amending 143 frame buildings outside 146 within 144 fire-escapes 103 fireproof buildings: general regulations 105 amended 105 floors 106 shutters and doors 104 floors: In certain houses, how constructed, 53 to be protected from boilers 84 cellar 57 fireproof 106 in theatres. (See Theatres.) lights 79 loads 130 to be distributed 131 flues. (See Chimneys.) footings of foundations, pressure un- der 24 foundations: regulations 25 pressure under footings of 24 walls 26 frame buildings: , definition of 12 outside fire limits 146 within 144 damaged 145 where streets not established 147 framing and connecting structural work 122 fronts, metal, to be filled in 128 25 PAGE. 250 174 200 208 234 245 168 208 208 241 241 241 241 369 247 245 209 211 367 212 210 189 201 191 212 199 231 232 176 176 176 177 172 247 245 246 249 229 231 386 INDEX. Building" Code — Continued: section. pack. furnaces, heating, and boilers 84 201 furred walls 47 ISN gas stoves 87 20o g-as and water pipes 89 201 brackets and lights 89 203 girders: and lintels, plates under ends of... 119 228 rolled steel and wrought-iron beams 117 22^. steel and irbn 116 22S temporary supports of 133 234 wood, anchors and straps for 60 193 grain elevators 81 200 grillage beams, in foundation walls 26 ITS gutters, cornices and 91 204 halls, in apartment houses, dwellings, etc 53 190 heating apparatus: notice as to 88 203 furnaces and boilers 84 201 pipes, steam and hot water 69 197 hearths, trimmer arches for 64 194 heights of buildings and walls 6 170 hoistways. (See Elevators.) hose, fire, in certain buildings 102 208 hospitals. (See Walls, Cellar, Floors, Fire-escapes, Fireproof Buildings.) hot-air flues, pipes and vent-ducts 68 195 hot-water and steam-heating pipes 64 197 hotels. (See Walls, Cellars, Floors, Fire-escapes, Fireproof Buildings, Public Buildings, etc.) definition of 10 171 elevators in existing 99 207 incasing interior columns 107 215 inclosures: elevator 96 200 elevators in staircase 98 207 walls for skeleton structures 36 185 inspection of elevators 101 207 inspectors of plumbing to report 141 238 iron: and steel girders 116 228 and steel pin-connected trusses 127 230 cast, columns 112 226 cast, lintels 118 228 cast and wrought, working stress.. 139 236 or steel floor beams, templates under 121 229 wrought, and steel columns Ill 225 rolled steel beams on girders.. 117 228 INDEX. Building" Code — Continued: structural steel work riveting'. . bolting" trusses riveted jurisdiction, courts having" ladders, engineers' stationary leaders within the fire limits lessee may submit plans, etc liabilities, existing" suits and light and vent shafts lights : floor gas sky lime mortar lime stone, strength of lining existing walls lintels, arches and cast-iron loads: floor to be distributed lodging-houses. (See Walls, Cellar, Floors, Fire-escapes, Fireproof Build- ings, etc.) machine shops, walls main stud partitions mansard roofs marbles, working stress markets, walls of masonry work, safe load for materials: certain weights of new, tests of of walls computation for strength of structural measurements: of heights for buildings for widths of buildings metal fronts, iron, etc., to be filled in.. metal work, painting of structural metals, working stresses mills. (See Walls, Fire-escapes.) mortar: cement cement and lime for walls and ashlar lime new buildings and buildings to be altered 381 noN. PAGE. 123 229 124 230 128 230 126 230 151 251 76 198 94 205 4 168 161 261 48 188 79 199 89 203 78 198 15 172 139 236 39 185 42 186 118 228 130 231 131 232 32 183 51 189 90 204 139 236 32 183 134 234 135 234 20 173 27 179 136 234 21 173 6 170 7 170 128 231 129 231 139 236 16 172 17 173 30 180 15 172 168 388 INDEX. Building" Code — Continued: section. notice : as to heating apparatus 88 of violation of Code 152 office buildings. (See Walls.) definition of 11 officers of department may enter build- ings 160 one-story brick buildings 35 order to remove violations and vacate, 156 penalty for violation of 150 oriel, bay and show windows 73 owner to submit plans, etc 4 painting of structural metal work 129 parapet walls 43 parish buildings. (See Walls.) partitions. (See Fireproof Buildings, Theatres.) brick and hollow tile 49 cellar, in residences 50 main stud 51 partition walls. (See Walls.) party walls: existing 38 posts 114 penalties, and violations 150 pedestrians, coverings to protect 80 piazzas and balconies 144 piers 28 piles. (See Foundations.) pipes: ducts for 70 gas and water 89 heating, steam and hot-water 69 hot-air flues 68 stand, in certain buildings 102 places of public amusements 109 plans: to be filed 4 what to contain 4 plates: and wood columns 61 between joints of open back columns 115 under ends of lintels 119 platforms, plans of, to be filed 4 plumbers, to be registered 141 plumbing: drainage and repairs 141 conform to Building Code 3, 4 Portland cement. (See Cement.) posts, party wall 114 185 227 250 199 245 179 197 203 197 195 208 21G 168 168 193 227 228 168 288 238 168 227 INDEX. 389 Building" Code — Continued: pressure: wind under footings of foundations private dwellings: definition of walls for public assembly buildings: walls of amusement, places of buildings quality of timber raised buildings ranges and stoves recesses and chases in walls recovery of bodies under fallen build- ings registers repairs: filing plans for to plumbing drainage repealing section residence buildings, cellar partitions in, retaining-wall. (See Excavations.) riveting, structural steel work, etc.... riveted steel trusses, etc roof beams: rolled steel, etc loads in roofing and leaders in fire limits roofs, bulkheads on mansard rolled steel beams: as girders floor and roof beams rooms, drying safe load for masonry work safety, factors of sand scaffolds. (See Shed Coverings.) scenery. (See Theatres.) schools. (See Walls, Fireproof Buil(J- ings, Fire-escapes, etc.) screen under elevator sheaves scuttles, bulkheads on roofs and seal service of papers sewers. (See Plumbing and Drainage.) cellars connected with shafts: dumb-waiters light and vent. SECTION. PAGE. 140 238 24 170 8 171 31 181 32 183 109 21G 108 2ir> 19 173 142 240 87 202 46 187 157 259 85 202 4 168 141 238 163 262 50 188 123 229 126 230 120 228 130 232 94 205 92 204 90 204 117 228 120 228 86 202 134 234 137 234 14 172 100 92 159 152 207 204 261 253 54 191 97 48 207 188 390 INDEX. Building" Code — Continued: section. sheaves, screen under elevator 100 shed coverings to protect pedestrians . . 80 show-windows. (See Bay Windows.) shutters and doors, fireproof 104 sidewalks. (See Areas.) vaults under 55 sheds to protect pedestrians on.... 80 signs, sky signs, etc 144 skeleton construction 110 structures, inclosure walls for 36 skylights, metal 78 slate and stone treads of stairs 77 stopping dangerous work 157a stud partitions, main 51 studded-ofE spaces 71 studios. (See Walls.) suits and liabilities, existing 161 supports: chimney 66 temporary, strength of 133 surveys on unsafe buildings 154 tanks 93 tenements. (See Walls.) templates under ends of beams 121 temporary structures: wooden, defined and regulated 144 supports 133 theatres: permits for 109 exits 109 construction 109 staircases 109 uses 109 partitions 109 walls 109 skylights 109 fireproofing 109 aisles 109 landings 109 standpipea 109 fire extinguishers 109 lights 109 •walls 32 tile, hollow tile partitions 49 timber: for trusses 62 in walls, prohibited 52 quality of 19 w^ork, bolts and washers for 63 treads of stairs 77 PAGK. 207 199 210 191 199 245 225 185 198 198 260 189 197 261 195 234 255 205 229 245 234 216 217 216-225 217, 222 218 218 219 219 220 221 222 223 224 224 183 188 189 173 193 198 INDEX. 391 Building- Code — Continued: section. page. trimmer: arches 64 194 wood beams 59 192 trusses, steel and wrought iron 125 230 riveted 126 230 pin-connected 127 230 timber for 62 193 unfinished buildings, walls of 40 186 unsafe buildings: regulations 153 254 court proceedings 155 256 surveys on 154 255 stopping work on 157a 260 vaults under sidewalks 55 191 vent: shafts 48 188 ducts 68 195 violations: service of notice 152 253 removing 156 258 and penalties 150 250 wainscoting 72 197 walls 28 179 constructed under Code 3 168 curtain 37 185 existing party 38 185 filing plans for 4 168 for dwelling houses 31 181 for special buildings enumerated... 32 182 furred 47 188 hollow 44 187 brick on inside of 45 187 inclosure, for skeleton structures, 36 185 increased thickness when 33 184 in fireproof buildings... 105 211,367 lining existing 39 185 materials of 27 179 measurement of height 6 170 of unfinished buildings 40 186 parapet 43 187 recesses and chases in 46 187 reduced thickness for interior 34 184 strength of temporary supports for, 133 234 tied, anchored and braced 41 186 timber in, prohibited 52 189 water pipes 89 203 warehouses, walls for 32 182 width of buildings, measurements for.. 7 170 wind pressure 140 238 windows, bay 73 198 392 IXDEX. Building Code — Continued: bbction. wood: beams 59 anchors and straps for 60 columns and plates 61 woods, working stresses 139 working stress of various materials.. 139 wrought iron. (See Iron, Steel, Col- umns, Beams, Girders, Trusses, etc.) structural material 21 Building materials: (See Streets, Sidewalks, Obstructions, Encumbrances.) in streets, regulations 211 on sidewalks 270 Buildings, moving 269 Bureau of City Kevenue and Markets. (See Markets.) Bushwick Avemie Boulevard, court-yards (B.) 71 Cabs. (See Public Hacks.) Canarsie cemetery, Brooklyn 74 Cannons. (See Firearms.) Car transfers 503 Carriageways: (See Streets, Sidewalks, Borough Presidents.) paving of 132-133 citizens may pave 134 sand laid over, when 135 rubbish after paving to be removed. . . . 136 penalty for refusal 137 gas companies to get permits 138 new pavements on, regulations, penal- ties, etc 139-143 permits necessary for removal of per- manent 144 President of Borough to restore... 145 to remove any obstruction 146 duty of President of Borough to guard, 147 deposits for 148-149 payments for repaving 151 Carts. (See Public Carts, Vehicles.) Carts, using public markets. (See Markets.) Cellar-doors: (See Borough Presidents.) dimensions of 193 entrance to cellars guarded 194 Long Island City: extent of 3 entrance to , 4 173 44 59, 370 372 300 307 114 28 28 28 28 29 29 29-30 30 30 30 30 31 32 41 41 309 309 INDEX. 303 Cellar-doors — Continued: section. page. liability of owner 5 310 penalty for porches 6 310 removal of 221-3 48 Circulars. (See Handbills.) City bonds. (See Sinking Fund.) City Clerk to give a bond 479 110 City stocks. (See Sinking Fund.) Cleaning streets. (See Streets.) Coaches. (See Public Hacks.) Coal, sale of, regulated 390-391 91 Coal, sale of, in Manhattan 18-19 276 Coal scalpers: (See Licenses.) defined 351 82 Code. (See Sanitary Code, Building Code.) Collector: of Assessments and Arrears to give bonds 484 111 of City Revenue and Superintendent of Markets 485 111 Collector of Assessments and Arrears, fees of 77 14 Columns. (See Ornamental projections.) Commissioners of Public Works to give bonds 482 111 Comptroller: shall be member Sinking Fund 55 11 duties of, with city stocks and bonds. (See Sinking Fund.) duties with city real estate. (See Real estate.) general duties of. (See Finance, De- partment of.) bond of , 477 110 Common shows: require licenses. (See Licenses.) defined 352 82 Coney Island cycle paths. (See Parks.) Construction of ordinances, notes 121 Contracts for the city: (See Borough Presidents, Finance Department.) supplies to be furnished by 509 115 all w^ork to be done by 509 115 general provisions of 510-528 115-120 covenants in, against accidents 519 117 for property subject to assessments... 527 120 Contracts for work for Borough Presidents. (See Borough Presidents.) Contracts, on public works to contain cov- enants as to accidents 218 46 Corporation Counsel: shall draw ordinances 8 8 394 INDEX. Corporation Counsel — Continued: section. shall draft bills for the Legislature 9 shall prepare papers, bring suit, etc 10-13 bond of 480 Crooked wood, sale of, in Manhattan 24 Croton Aqueduct, regulations concerning. . 285-8 Cruising by hacks forbidden 465 Curb. (See Sidewalks.) D. Dealers in second-hand articles: require licenses. (See Licenses.) defined 341 books to be kept by 342 place of business 343 restrictions as to purchases 344 lost and stolen goods 345 not to be pawnbrokers too 346 nor junk dealer 346 Decorations at City Hall 493 Defacing sidewalks forbidden (M.) 84 Delivery of supplies in parks. (See Parks, Vehicles in.) Department of Parks. (See Parks.) Department of Health. (See Sanitary Code.) Department of Building. (See Building Code.) Department of Finance. (See Finance, De- partment of.) Dirt, dumping in streets prohibited 404 Dirt carts: require licenses. (See Licenses.) defined 356 how marked 357 Discharge of fireworks, forbidden. 531 Distances, how computed 321 Dog-snatching, Brooklyn 76 Drains. (See Sewers.) Drivers of vehicles. (See Public Hacks, Public Carts, Kules of the Road.) Drop-awnings, regulations concerning 263-4 Dummy engines. (See Surface Railroads.) E. Edgewater, special ordinances of 1-2 Elevated railroads: (See Stands, Surface Railroads.) Manhattan: lights in stations 77 dropping oil, grease, etc 78 guard rails , 79 93 83 83 121 73 307 58-59 357 287 287 287 INDEX. 305 Encroachments in parks. (See Parks.) section. Encroachments: (See Projections, Obstruc- tions, Encumbrances.) notes as to 219 to be reported 91 removal of 94 Encumbrances: (See Obstructions, Nui- sances, Projections, Streets, Side- walks, Borough Presidents.) to be removed by Borough Presidents. . 94 notes as to 94 redemption of 96 sale of 98 penalty for encumbering streets 219 notes as to 219 removal of 221-3 regulations, Far Rockaway 8-14 Richmond Hill 2 Entrance to cellars. (See Cellar-doors.) Evidence, notes as to Excavations: (See Barriers to Prevent Ac- cidents, Streets, Sidewalks, Vaults.) within two feet of monument stones. . 109-113 Explosives. (See Municipal Explosives Commission.) Exposing goods for sale 262 Expresses. (See Public Expresses, Vehi- cles.) Exterior hoists: (See Hoistways.) require licenses. (See Licenses.) 358 kinds of license 359 warning public a. 360 F. False alarms of fire: (See Nuisances.) in Flushing 19-20 Far Rockaway 15 Far Rockaway, fines and penalties 20-21 Fences. (See Barriers to Prevent Acci- dents, Partition Walls.) Filth, throwing in streets prohibited...... 404 Finance, Department of: Comptroller, duties of: city's real estate "21 leases, deeds, contracts, etc 22-23 collect all rents and money due city 24 maps or surveys 24 moneys due city 25-26 quit rents 27,30-36 consent to assignment of leases, etc 28 46 19 20 20 20 20 21 40 46^7 48 333-334 331 121 23-24 57 83 83 84 321 334 335-336 93 4 5 5 5 5 5-^ 396 INDEX. Finance, Department of — Continued: section. may apportion taxes 29 borrowing money 37, 38 payments only made on proper vouchers 39 Fire. (See False alarms of fire.) Fire department hose. (See Hose.) Firearms: (See Nuisances, Fireworks.) firing of, regulated 430 amended 430 carrying loaded, forbidden 431 permits to 432-434 found on prisoners 433 Manhattan: cannon 34, 35 patent cap exploder 36 selling to minors..^ 37 Fireworks, discharge of, forbidden 531 Firewood, sale of, in Manhattan 22-24 Fish, sale of in streets (M.) 28 Flagging sidewalks. (See Sidewalks.) Flags, at City Hall 493 Flower pots in windows, Manhattan 42 Fourteenth street: projections thereon forbidden 183 penalty for violation 184 Fruit-skins: throwing on sidewalks 271 ordinance to be displayed by storekeep- ers 272 Fruit stands. (See Stands.) 100 365, 368 102 102 102 279 279 279 121 277 278 113 281 40 40 60 60 G. Garbage, not to be thrown in streets 404 Gardens, botanical, in Bronx. (See Parks.) Gas, discharge of, into sewers Gas companies. (See Sewers, Streets, Side- walks, Excavations.) Gas companies must obtain permits +o break pavement 138 Goods for sale: not to be placed on balustrades 261 where may be exposed 262 Grates of vaults. (See Vaults.) Guards against accidents. (See Barriers to Prevent Accidents.) Gutters, bridges over, regulations 530 Gutter-stones: (See Borough Presidents.) laying of 125 regulating . .- 126 vacant lots 129-131 370 29 57 57 120 26 26 27 INDEX. 397 H. Hacks. (See Public Hacks.) section. Handbills, not distributed on streets 408 Hand-organs, regulations for Manhattan. . . Hawkers. (See Peddlers, Venders, Nui- sances.) Hay: (See Weighers of Hay.) sale of, in Manhattan 25 Hay bales, marking of (B.) 79 Health Department. (See Sanitary Code.) Heating of cars. (See Surface Cars.) Hoists: (See Exterior Hoists.) Long Island City, regulated 21 Hoist-ways, regulations concerning 263-4 Horses: (See Rules of the Road.) Manhattan: racing forbidden in 89-90 bells on sleighs 91 watering, Brooklyn 75 Hose at fires, preventing injuries to (M.) . . . 80, 81 (B.) ... 27 Hucksters. (See Peddlers.) Hydrants: (See Water.) penalty for taking water from 200 for interfering with 204 Croton Aqueduct not to be molested... 288 double, penalty for using 291 to be kept closed 292 may use for streets 293 Long Island City 1 I. Ice wagons, in Manhattan 88 Illuminated signs, regulations concerning.. 263-4 Immoral pictures, not to be displayed 500-501 section 500 amended 500 Incumbrances. (See Encumbrances.) Iron, steel, etc., to be transported without noise 529 J. Junk carts, bells on (B.) 78 Junk dealers: (See Nuisances, Hawkers.) require licenses. (See Licenses.) defined 334 books to be kept by 335 place of business 336 restrictions as to purchase 337 lost and stolen goods 338 not be pawnbrokers too 339 nor dealer in second-hand articles, 339 PAGE. 94 39-280 277 308 312 58-59 290 290 307 288 298 42 43 65 66 66 309 290 58-59 114 300 120 308 79 79 79 79 79 80 80 308 INDEX. Junk dealers — Continued: section. page. carts of , how marked ^. . . . 340 80 wearing badges 377 88 Jurors, payment of 492 112 L. L»amp-posts, placards on, forbidden (M.) .... 82-83 289 Lamps: (See Borough Presidents.) penalty for tampering with 297 67 permits for removing 298 67 ornamental lamp-posts 299 67 Licenses: (See Public Carts, Public Hacks, Public Expresses, Junk Dealers, Dealers in Second-hand Articles, Peddlers, Ticket Specu- lators, Coal Scalpers, Common Shows, Shooting Gallery, Billiard tables. Dirt Carts, Hoists, Stands.) Bureau of 300,301 67 to be recorded 302 68 how issued 303 68 reports of 304 68 businesses requiring 305 68 penalties for violation 306,379 60,88 duration of 307 60 fees for 308 60 renewals of 309 70 distribution of fees 373 87 inspectors of, appointed 374 87 duties of licensees.. 375 88 complaints against licensees 378 88 Lights. (See Rules of the Road, Barriers to Prevent Accidents, Excavating.) Lights in stables to be inclosed (B.) 25 298 Loaded firearms. (See Firearms.) Loading goods on sidewalks 443, 466 104, 108 M. Materials for buildings: on sidewalks 270 60 in streets 211 44 Markets : duty of superintendent of 78 14 employees of 79 15 stalls in 80 15 places designated as public markets... 81,82 15 carts, removing and unloading in 83a, 83d 17 names of owners to be painted plainly, 83e 17 carts excepted 83f 18 in Brooklyn 83 16 Mayor, proclamation for arrest of criminals, 1 2 INDEX. 399 SECTION. Measures. (See Weights and Measures.) Meetings of boards shall be held openly... 488 Merchandise for sale 261-262 Minors, sale of pistols to, prohibited (M.) . . 37 Misdemeanors, notes as to Moving buildings, under President of Bor.. 269 ordinances amending 269 Monument stones: not to be altered 106 duties of Borough Presidents 107,108 excavations within tvv^o feet of 109-113 paving within two feet of 109-113 Municipal Explosives Commission: who constitutes 419 regulations as to explosives 420 meetings 421 may issue licenses 422-426 penalty for violations 427 regulations as to vessels 428-429 Musical instruments, in Manhattan 39 Musicians. (See Street Musicians.) PAGE. 112 57 279 362 59 370, 372 22 23 23-24 23-24 98 98 98 98-99 99 100 280 N. Negligence, notes as to 121 New Brighton, special ordinances of 1-13 352-356 Newkirk avenue, fence-line privileges (B.) ., 72 306 Newspaper stands. (See Stands.) Noises: (See Nuisances, Blasting of Rocks, Venders.) forbidden in transporting iron, etc 529 120 in Long Island City 47 316 Jamaica . . 2 Rockaway Beach. (See Rockaway Beach.) Nuisances. (See Noises, Venders, Streets.) Brooklyn: bathing 16 297 gambling 17 298 washing carts on streets 18 298 flying kites 19 298 bean shooters 20 298 throwing stones 21 298 false fire alarms 22 298 lounging on streets 23 298 posting' handbills 24 298 penalties 15 297 Manhattan 38-42 280-281 Far Rockaway: noises 1 332 racing 2 332 400 INDEX. Nuisances — Contintied: section. bathing 3 posting- advertisements 4 Intoxication 5 trades wagons 6 throwing- stones 7 Rockaway Beach 1-28 notes as to Nuisances in parks. (See Parks.) Numbering houses, Brooklyn 73 Numbering streets and buildings: numbering and renumbering of 101-102 penalty for changing without authority, 103 notice of change 105 PAGE!. 332 332 333 333 334 336-341 121 307 21 22 22 O. Obstructions: (See Encroachments, En- cumbrances, Loading Goods on Sidewalk, Borough Presidents, Streets, Sidewalks.) Obstructions in streets: forbidden 219 46 notes as to 46-47 Flushing 9-13 319-321 Richmond Hill 1 331 Rockaway Beach 1-28 336-341 Ocean Parkway, vehicular traffic on 363 Official bonds. (See Bonds.) Office hours of public officers 489 112 Old material. (See Sale of Waste Material.) Ordinances, legal notes as to 121 Ornamental lamps, regulations concerning, 263-4 58-59 Ornamental projections: permits to be issued for 235 52 applications for 236 52 fees for permits 237 53 where allowed 238 53 filing permits 239 53 revocable 240 53 for buildings erected or being erected. 241 54 reconstruction 242 54 not to conflict with Building Code 243 54 fees to be accounted for 244 54 penalty for violation 245 54 Oysters, sale of. Long Island City 48 316 P. Paper, throwing in streets prohibited 404 93 Parks, rules and regulations: things forbidden within 1-30 262-267 use of vehicles within 1-14 267 INDEX. 401 Parks, rules and regulations — Continued: section. Harlem Kiver driveway, rules of 1-6 projections on Riverside Drive 1 trees and shrubs in 1-9 projections w^ithin, regulations 1-6 line of curbs within, regulations 1-6 Manhattan: areas and stoops on Fifth avenue.. 1 grass and turf, walking on 3 driving four horses 2 concerts in Mall 4 conservatories, regulations 1-12 Botanical gardens, Bronx Park 1-10 Ocean Parkway 1 Prospect Park 1 Coney Island cycle paths 1 Partition fences. (See Partition Walls.) Partition walls, regulations: Brooklyn 30-^3 Long Island City 28-39 Manhattan 43-55 Paving. (See Barriers to Prevent Acci- dents.) Paving carriageways. (See Carriageways.) Paving sidewalks. (See Sidewalks.) Paving, within two feet of monument stones 109-113 Payments, made by Comptroller, only on proper vouchers 39 Peddlers: require licenses. (See Licenses.) defined 347 wagons of, how marked 348 badges of, when worn 377 Manhattan: regulations 1-9 violations 9 amendment 6 Penalties: (See Specific subjects.) gerueral provisions Brooklyn 15 Permits, granted by Borough Presidents, when authorized 92 Pictures, immoral, not to be displayed 500-501 Piers, at Wallabout (B.) 82 Pipes for sewers. (See Sewers.) Pistols. (See Firearms.) Placards, where forbidden (M.) 82 Platforms: erection of 247 continuance of present 248 removal of 221-3 m PAGE. 2G8 268 269-270 270-271 270-271 271 271 271 271 272 272 273 273 273 299-301 313-315 281-283 23-24 7 81 81 88 274r-275 275 371 362 297 19 114, 369 309 289 54 55 48 402 INDEX. Pleading", notes as to Pool-tables. (See Billiard-tables.) Porches: (See Ornamental Projections.) forbidden over cellar-doors 246 continuance of present 248 Porch, removal of 221-3 Porters. (See Public Porter.) Porticoes. (See Ornamental Projections.) Posts: permission to erect 220 removal of 221 serving" notice for removal 222 penalty for refusal 223 Port Richmond, special ordinances of 1-13 Poultry, sale of, in Manhattan 20-21 Presidents of Boroughs. (See Borough Presidents.) Projections. (See Ornamental Projections.) Projections: on Broadway. (See Broadw^ay.) on Fourteenth street. (See Fourteenth Street.) Projections in parks. (See Parks.) Prospect Park. (See Parks.) Public Administrator, duties of 14-20 Public baths 208 Public carts: require license. (See Licenses.) definition of 310 to display official numbers 311 contracts of employment 312 legal rates 313 lien for charges 314 Public expresses: require license. (See Licenses.) definition of , 330 hove marked 331 bonds from owners 332 legal rates of fare 333 drivers of, to be licensed 315 Public hacks. (See Vehicles.) Public hacks, forbidden to " cruise " 465 Public hacks: require license. (See Licenses.) drivers of, must be licensed 315 definitions of 316 use of public stands 317 private stands 318 legal rates of fare 319 drivers' badges 377 ferriage tolls 320 computing distance 321 PAGE. 121 54 55 48 47 48 48 48 347-352 276-277 4 43 70 70 70 70 71 78 78 78 78 71 107 71 71 71 72 72 88 73 73 INDEX. 403 Public hacks — Continued: section. page. to carry number of license 322 73 lost property in 323 73 payment of far«s 324 73 license fees 308, 325 69, 74 disputes as to fares 326 74 public hack stands 327 74 " L " and subway stations 328 76 stands in Queens 328a 76 fines and penalties 329 76 Public markets. (See Markets.) Public porters: licensed by the Mayor 329a 76 duration of license 329b 77 fees for 329c 77 display license numbers 329d 77 legal rates 329e 77 how recover same 329f , S29g 77 to carry articles demanded 329h 77 penalties 329i 78 overcharges 329j 78 penalty for misrepresentation 329k 78 Public wells. (See Wells.) Public worship in streets, regulations 494r-i99 113 Pumps: (See Wells.) penalty for washing near 205 43 watering horses near 206 43 Pumps, washing horses, etc., near (Long Island City) 2 309 Push-carts. (See Peddlers.) R. Racing horses. (See Horses, Nuisances.) Railroads. (See Elevated Railroads, Sur- face Railroads.) Railroads, Manhattan. (See Surface Rail- roads.) Rates, legal, for hacks. (See Public Hacks.) express. (See Public Expresses.) Real estate, disposition of city: Comptroller in charge of 40 7 Comptroller, duties of, with city's 41-44 7-8 quit rents may be commuted 45 8 leases made 46 8 land under water, how granted 47-50 8-9 piers to be made subject to Dock De- partment 51 9 Long Island excepted from sees. 50-51.. 52 10 Real estate, sale of, belonging to Sinking Fund 72-76 13-14 Refuse, (See Streets.) 404 INDEX. Removing building-s. (See Moving Buildings.) Repairing sidewalks. (See Sidewalks.) Repairing carriageways. (See Carriageways.) Reservoirs : ' section. Brooklyn, control of 4 Richmond: streets and sewers, regulations 1-23 sidewalks 24r-26 fees for sewer openings ., Riverside Drive. (See Parks.) • Road, rules of. (See Rules of the Road.) Rockaway Beach: general regulations 1-28 Rocks. (See Blasting of Rocks.) Rubbish. (See Streets.) Rules of the road: method of driving vehicles: keeping to the right 435 meeting 436 overtaking 437 turning and starting 438 into another street 439,440 crossing streets 441, 446 where may stop 442, 445, 447 backing on sidewalks 443, 444 surface cars stop far side 448 amended ^ 448 right of way 448a of certain vehicles 449 amended 449 of cars 450 signals: in slowing up 451 for automobiles 452 slow vehicles 453 speed: regulations concerning 454r-457 lights: regulations concerning 458-459 bicyclists not to coast 460 no trick riding 461 nor carry child 462 ages of drivers 463 riding back of vehicles 464 sidewalks: no driving or riding on 466-469 reasonable care to be used. 470 blocking traffic * 471 police to regulate traffic 472 posting ordinance 473 definitions 474 penalties 475 PAGE. 292 357-361 361 364-365 336-341 103 103 103 103 103 104, 105 104,105 104,105 105 365 105 105 373 105 106 106 106 106 106, 107 107 107 107 107 107 108 108 109 109 109 109 109 INDEX. 465 s. Sale of bread. (See Bread.) section. page. Sale of waste material, how made 490 112 Sales in public streets. (See Obstructions, Auctioneers, Venders, Peddlers, Nuisances, Markets.) exposing goods for sale 262 57 Manhattan: sawdust 26 277 salted beef, etc 28 278 before sunset 29 278 crying- wares 30 278 dry goods, etc 31 278 penalties 33 279 Salt, penalty for placing on car tracks.... 413 95 Sanitary Code: adulterations, etc 65,68,69 136-138 amendments 68, 69 376-378 agents, to give information 60 135 alcoholic spirits, distilling of 94 143 animal food: age of 43 132 matter, putrid, not to be thrown into streets, sewers, etc 102 145 animals: dangerous or offensive 70 138 section 70 amended 70 376 body to be used for food, regula- tions 45 132 not to be kept in infected places. . 72 139 slaughtering of 82,86,90 140,142 sick 124 150 dead, not to be thrown into streets, sewers, etc 98,102,103,128 145,151 not to be skinned in street 131 152 skinning, glue-making, etc., from 90, 91 142 duties of contractors for 9,114 124,148 mad 132 152 noisy 180 166 driving in streets 75 139 section 75 amended 75 375 age of, whose meat may be sold... 43 132 dead, piers and docks for 113, 114,115 148 diseased 124, 125, 127, 150 151 Injured or diseased, how killed 129 151 with hydrophobia or exposed thereto 132 152 animal substance, deposit of 100 145 animals not allowed at large 70 138,376 antitoxin 148 157 apartments, when not to be occupied,, 17,18 126 406 INDEX. Sanitary Code — Continued: section. ash-boxes 108, 109,146 ash-carts, construction of 121 ashes, meaning of 2 ashes: delivery of, to carts 110 removing of 108 not to be sifted in street 118 persons engaged in removing.. Ill, 114, 119, 121 from forges, etc 96 barber shops, regulations for 179 basins to have proper traps 33 bath room, sleeping in 18 bathing houses at seashore 26 bedding: for vessels 152, 157 for stables Ill beverage, beer or drink 51 birds: unwholesome, not sold 42, 58 mode of keeping 82 offensive 128 noisy 180 births, deaths and marriages: regulations 158-162 assistants at, duties of 159 registry and reports of 159, 160,161 blacksmiths 96 board, meaning of 1 boarding-house : meaning of 3 no poisonous or unwholesome food or drinks in 47 privies or water-closets for 20 not to be overcrowded 19 owners of, to provide for health... 22 sick persons to be reported .'. 150 bone-boiling and grinding, forbidden . . 90 bones, transporting permit 101 breadstuff, exposing in street 46 brine not to escape into street 102 Bronx, certain business prohibited without permit 91 Brooklyn: slaughtering animals in 83 certain business prohibited with- out permit 91 building: precautions to be observed in 118 definition 10 for slaughtering animals, regula- tions 83 PAGE. 147 150 122 147 146 149 147-150 143, 374 16(1 130 120 128 158, 159 148 133 131, 135 140 151 166 158-160 159 159-160 143, 374 121 123 132 127 127 127 157 142 145 132 145 142 140 142 149 125 140 INDEX. 407 Sanitary Code — Continued: section. page. burial: mode of 168 162 returns of, to be made 163 161 burning material, requires permit Ill 147 burying- places. (See Cemeteries.) business: dangerous or detrimental to health 88,92 141,143 offensive, requiring permit 94 143 butcher, meaning of 7 124 butchers: require permits 83 143 to allow inspection 60 135 to keep place clean 85 141 ice-boxes, refrigerators, etc 50 133 offal and garbage 103, 121 145, 150 refuse, manner of transporting 87 141 butter, unwholesome 52 133 calves, young, meat from 43 132 canals, filth not to be discharged into. . 38 131 candies and confectioneries 46 132 carelessness, responsibility for 8 124 "Cargo from quarantine 153 158 carpets 118 149 cars, railroad: one in four to be closed 176 165 speed of, on curves 177 165 carts for night-soil, manure, etc., con- struction and use of 120,121 149,150 cats, permit to keep for sale 80 140 cattle, horses, etc 70 138, 376 cattle, meaning of 7 124 cattle: overheated, diseased or feverish... 44 132 diseased, to be reported 44, 58 132, 135 dangerous 70, 75 138, 375, 376 how transported 77 139 permit to keep 72 139 yarding of 73 139 diseased, not to be brought in 124 150 driving in street 70, 74 138, 139 amendment 70 376 mode of keeping and slaughtering, 82, 84 140 unwholesome, seizure of 58 135 calves, slaughter of 83 340 ceilings whitewashed 23 128 cellar, meaning of 3 123 cellars: regulations concerning 17, 18 126 permit to occupy as stable , 70 139 (Sleeping in 1 1 « « . t 18 126 408 INDEX. Sanitary Code — Continued: sbction. page. cemeteries: regulations 167 162 persons in charge of 169, 170 163 food not to be sold in 168 162 cesspools: regulations 37 130 not to be emptied except by permit, 122 150 contents of, not to be put into streets or rivers 100, 104,106 145,146 contents of to be disinfected 122 150 offal, ashes, garbage, etc., not to be put into 105 146 cheese, unwholesome 52 133 chickens, permit to keep live 79 140 children, when not to attend school... 145 150 cholera 133 153 churches, duties of officers of 25 128 cigar factories, spittoons to be provided, 178 165, 374 cinders: definition of 2 122 from forges, factories, etc 96 143 amendment 96 374 cisterns 104 146 city, etc., meaning of 1 121 clam shells 112 148 clergymen to report and register mar- riages 158, 161 159, 160 coal-dust 96,118 143,149 374 coal-yards 96 143,374 concert saloons 3 123 condemnation of unsound food 43,58 132,135 confectionery 46, 68 132, 137 consignees of vessels to report persons sick 149 157 contagious and infectious diseases, re- ports as to. . . . 127, 133, 136, 137, 138, 140, 141 151, 154 158 contagious disease: meaning of 5 123 to be reported 133, 144 151, 153 156, 158 persons sick with 140, 143, 154, 156 155, 159 animals sick 124 150 articles exposed to 146 157 children sick with, not to attend school 145 156 duties of undertakers in cases of . . 141 155 hospitals 140 155 retaining body 165 161 contractor, meaning of 1 121 contractors to comply with Code 9 124 coroners , 171 163 INDEX. 409 Sanitary Code — Continued: section. page. corpses 163, 167, 168 161, 162 cows 91, 124 142 cream, adulterated 57 134 crematories 167 162 croup, a contagious disease 141 15;! day nurseries 25 128 dead bodies: interments, sextons 167, 168 102 not to be exposed after contagious disease 141, 143 155, 156 not to be buried without permit... 167 162 to be reported 166,170 162,163 not to be transported without per- mit 163 161 not to be unduly retained or ex- posed 164,165 161 dead animals: not to be thrown into streets, etc.. 128 151 to be reported and removed 130 152 certain to have tag 126 151 deaths, marriages and births. (See Births.) definitions 1, 7 121, 124 department, meaning of 1 121 diphtheria antitoxin , . . . 148 157 diphtheria, a communicable disease... 133 153 dirt and filth 87, 100, 111 141, 145, 147 dirt: not to lie piled or raked up in street 114 148 in street 117 149 meaning of 2 122 removal of 121 150 diseases. (See Contagious.) what to be reported 133, 135,137 153,154 infectious, contagious and com- tounicable 133 153 isolation rooms 140 155 when persons sick to be removed.. 139 IG'i diseased animals 124, 125, 130 150, 152 disinfection of infected premises 146 157 dispensary, to report certain dis- eases 134,138 153-154 distillers require permit 94 143 docks for offal: and night-soil Ill, 113, 123 147, 150 vessels not to go to 115 148 dogs: noisy 180 166 biting any persons to be sur- rendered 132 152 permit to keep for sale 80 140 410 INDEX. Sanitary Code — Continued: section. page. drain pipes in relation to joints, con- nections, size of, etc 30, 31, 32 129, 130 drain materials and connections not to be used or made 34,35 130 drainage: arrangement of 27 129 not to discharge into streams 38 131 drink and food 42-60 131-135 drinks, deleterious and detrimental .... 47, 51 132-133 drugs, medicines, adulterations and poisons 65-69 136-138 amendments to 68-69 376-378 ducks 79 140 dust from factories, etc 96, 118 143, 149, 374 dwellings, lodging houses and other buildings 16-26 126-128 eggs 6 124 elevated railroad stations and spitting in 178 165 amendments to section 178 178 374 excavations 107, 166 146, 162 exposure to disease 143,145 15G false statements 15 126 farcy, animals sick with 125 151 fat, rendering of 93-95 143 fat-boiling . . 91,95 142-143 feathers 118 149 fence, for lots and excavations 116 148 fertilizers, manufacture of 91 142 fevers 133 153 filling grounds, etc 98 145 filth and dirt 100, 111,122 147-150 filth not to escape into street 102, 121 145, 150 fish, meaning of 6 124 fish-boiling 91 142 fish: not fresh or sound 48, 58, 128 132, 135 that died by disease or accident. ... 42 131 mode of keeping 82 140 not to be exposed, etc., outside of shops 45 132 false label or statement as to 48 132 food and drink: regulations concerning 42-60 131-135 not sell unwholesome, meagre or sickly 43,47,68 132,137 not to be sold in cemeteries 168 162 unsound, mode of treating 58 135 foundries 96 143, 374 fowls: not sound or offensive 58, 128 135 INDEX. Sanitary Code — Continued: section. mode of keeping- 82 that died by disease or by accident, 42 permit to keep 79 fruit 42, 49, 58 funerals — contagious diseases 141, 142 furnaces to be smoke-consuming 96 garbage, meaning of 2 garbage: not to fall or be thrown into streets, etc 103 docks for 113, 115, 123 boxes 108, 109, 120, 121 not to be mixed with ashes, etc 108 how transported 119-123 removal of 110 persons engaged in transporting. . 114, 119 loading and unloading Ill garbage-carts 120, 121 garbage-scows, construction of 123 gas, not to be objectionable 89, 96 geese 70, 79 glanders 125, 127 glue-making 91 goats 70 goods, damaged, not to be exposed for sale 118 grounds, filling up and opening 98, 99 gutters: to be cleaned 39,40 street not to be obstructed 117 harbor, filth not to be emptied into 38 heads of institutions to report sick per- sons 140 health, duties in respect to 8 hide-skinning, etc., establishments 88 hides not to be unloaded without per- mit 152 hogs, unloading in street 70 horses: regulations 70,73,86 sick 124, 125 dead body of to have tag 126 hospitals, contagious diseases 140 hotel-keepers, etc., to report sick per- sons 136 house drain, to be kept in good repair, 32 hydrants 64 hydrophobia 132 411 PAGE. 140 131 140 131, 135 155 143, 374 122 145 148, 150 146, 150 146 149-150 147 149 147 149 150 142, 143 374 138, 140 376 151 142 13S, 376 149 145 131 149 131 155 124 141 158 138, 376 138-141 376 150-151 152 155 154 130 136 152 412 lN*t)EX. Sanitary Code — Continued: section. ice-box. (See Refrigerators.) infected places or vessels 156 infectious disease 5, 133 inspection: obstructing 12 to be permitted 137 inspector: may destroy adulterated milk 54 may obtain information from butchers, milk dealers and others, 60 institutions to report sick persons 140 interments require permits 167 lambs, young, meat from 43 lampblack manufactory 94 lard, rendering of 93, 95 laws, compliance with 11, 12 leather-dressing establishments 88 lessee: meaning of 1 duties of 10 liability for violation of Code 11-13 light, meaning of 1 lime 91, 118 liquid, noxious and stinking 102 liquid refuse: how removed 108 not to spill or leak 121 liquids: ofeensive 88, 102, 104 not to be discharged into har- bor, etc 38 false statement as to 48 lodging-house, meaning of 3 lodging-houses: regulations 19, 21, 47 food in 47 tenants, lessees, owners, etc., of, to report persons sick in 150 walls and ceilings to be white- washed 23 lodging-house keepers to report sick persons 150 lots, vacant, to be properly fenced 116 mad animals 132 magistrates to report, etc., marriages.. 158 manager, meaning of 1 managers of institutions to report sick persons 134, 138 manufactory, meaning of 3 manufactories : regulations 20, 21, 22, 89, 94 PAGE. 159 123, 153 125 154 134 135 155 162 132 143 143 125 141 121 124 125 121 142, 149 145 146 150 141-146 131 132 123 127, 132 132 157 128 157 148 152 159 121 153-154 123 127, 143 INDEX. 413 Sanitary Code — Continued: section. no overcrowding of 19 for certain purposes not to be es- tablished 94 refuse removed from 95 manure : persons engaged in transporting. . 97, 119 carts, boxes, etc 120 care in transporting 97, 121 where not to be deposited 100,111 handling of 97 docks for 113, 115 market, private, meaning of 7 markets: unsound articles not to be kept in, 42 to be kept cleanly 49 refrigerators in 50 marriages, births and deaths. (See Births.) : 158-162 masters of vessels to report 149, 151 measles, a contagious disease 133 meat: defined 6 unsound or unwholesome 42, 43, 48, 58 when may be taken to market 45 false statement of label as to 48 to be kept clean and wholesome... 49 offensive 128 not to be hung, etc., in street 45 medicines, false names and poison- ous 65,66,69 midwives 5, 159 milk, condensed 55 milk dealers to allow inspection and give information 60 milk: false label or statement as to 48 unwholesome, impure and adul- terated 52, 53, 55, 58 permits 56 amendment to section 56 56 mineral waters, filing name of, etc 59 misfeasance and nonfeasance 8 mules 70 negligence 8 night-soil: docks and piers for 113, 115 handling of 111,114 not to run into streets or grounds, 104 to be disinfected 122 carts 121 PAGE. 127 143 143 144. 149 149 144. 150 145-147 144 148 124 131 133 133 159-160 157-158 153 124 131-135 132 132 133 151 132 136, 138 378 123, 159 134 135 132 133-135 134 374 135 124 138, 376 124 148 148 146 150 150 414 INDEX. Sanitary Code — Continued: section. noises 180 nonfeasance and misfeasance 8 notices not to be torn down or muti- lated 137 nuisance: offensive materials 98-118 to be abated within time specified, 13 nurses 5, 159, 160 obedience to ordinances 9,13 occupant, meaning and liability 1, 13 occupations detrimental to health or dangerous 88,89,90 odors and liquids, ojffiensive 88, 89, 111 offal: docks for 113, 115 removal and transporting. 111, 114, 120, 121 handling of ' 85, 87 boiling 90,91 not to be thrown into sewers, streets, rivers, etc 85, 103 offensive materials, 88, 102, 103, 104, 105, 111 120, 121, 122 officer, meaning of 1 officers of vessels to report... 140,151,152,155 oil-boiling 94, 95 ordinance, obedience to 9, 11, 14 overcrowding 19 owner, meaning and duties of 1, 10 owner and tenant jointly and severally liable 13 owners of vessels to report persons and articles from infected places 149,151 oyster-house 112 party, meaning of 1 permit, meaning of 1 permit: in relation to contagious matter.. 143,152 154, 156 for burials, etc. 163, 165, 168 to keep cattle, fowls, etc 71, 73, 79 to occupy offal or night-soil dock.. 115 to transact certain kinds of busi- ness 88, 94 for vessels or things from quaran- tine 152, 153, 154, 155 to occupy street or sidewalk 117 for scavengers 119, 122 to remove filth, offal, etc.. 87, 101, 110 111 117, 122 to unload cattle, etc., in streets. . . .70, 73, 74 PAGE. 166 124 154 145-149 125 123, 160 124r-125 121, 125 141-142 141, 147 148 147-150 141 142 141-145 141-150 121 157-159 143 124-125 127 121-124 120 157-158 148 121 121 156-159 161-162 139-140 148 141-143 158-159 149 149-150 141-150 138-139 INDEX. 415 Sanitary Code — Continued: section. horses not to be slaughtered with- out 86 to use street sweepings for filling in lot, etc 98 to open ground containing offensive matter 99 to use w6ll water 63 to keep live chickens and pigeons. . 79, 81 to keep cats, dogs or birds for sale, 80 for lodging-house 21 for smoke house 16 for bathing establishment 26 for mineral waters 59 for slaughter-houses 83 stable in cellar 76 for sale of milk (amend) 56 person, meaning of 1 physician, meaning of 5 physician: to keep registry of births and deaths 159 to report births and deaths 135,161 deaths by contagious disease.. 135 to register name and residence 166 to report persons sick of conta- gious disease • 133, 140 piers for manure, offal, etc Ill, 113, 115 pigeons, permit to keep in built-up por- tions of city 81 pig-pens 97 pigs, young, meat of 43 regulations regarding 70, 83 pipes, waste or soil 30, 31, 32, 36 platforms of elevated railroad, spitting on 178 poisons ; 66, 68 poultry, exposing in street 45 principals of institutions to report per- sons sick 140 privies: contents of, not to be left in streets or rivers 100, 104, 106 not to be emptied, except by per- mit 122 construction of 37 ashes, garbage, offal, etc., not to be put into 105 tubs, etc., in, to be tight 106 to be provided in certain buildings, 20 public place, meaning of 2 quarantine, vessels, persons and articles, 153 141 145 145 136 140 140 127 120 128 135 140 130 134, 374 121 123 159 154, 160 154 162 153-155 147-148 140 144 132 13&-140 129-130 165, 374 137, 376 132 155 145-146 150 130 146 146 127 122 158 416 INDEX. Sanitary Code — Continued: section. Queens: driving" cattle in, etc 75 burying- body in 168 certain business in, prohibited with- out permit 91 rag's, unloading from vessels 152 railroad: cars, regulations for cleaning and using- 172, 173 stations, spitting in 178 rain-v\rater leaders 35 rain water, not to enter building 24 receptacles: in privies, etc 106 for garbage, ashes, etc 108,121 refuse: materials 102-111 removal of 119-123 registry of births, marriages and deaths 158, 159, 161 regnlation, meaning of 1 regulations, special, to be observed 11,12 reporting contagious disease, by whom, 133, 141 rendering, fat, etc., regulations 93,95 report, meaning of 1 reports required 125, 127, 130, 131, 134,135 136, 137, 138, 140, 141, 149, 150, 151, 158,159, 166, 171 reservoirs 61 Richmond, certain business prohibited in without permit 91 rivers : drainage into 38, 100 substances not to be thrown into.. 106 roof: repair of 24 straw, etc., not to be placed on 111 rooms, when not to be occupied 18 rubbish, meaning of 2 rubbish: not to be thrown into streets or rivers 100 to be bundled 108 not to be piled or raked in street. . 114 removal of 110, 111, 120, 121 docks for 113,115 persons engaged in transporting.. 114,119 boxes 108 saloon, meaning of 3 saloons, and persons connected there- with 47 PAGE. 139, 375 162 142 158 164 165, 374 130 128 146 146, 150 145-147 149-150 159, 160 122 125 153, 155 143 122 136 142 131, 145 146 128 147 126 122 145 146 148 147, 149 148 148, 149 146 122 132 INDEX. 417 Sanitary Code — Continued: section. page. sand 118 149 Sanitary Code, compliance with 12, 13 125 scarlet fever 133 153 scavengers, permits of 119 149 schools, sick children not to attend 145 156 school-sinks 37 130 scouring establishments 88 141 scows, garbage 123 150 scrap : . . 91, 93 142, 143 seashore, bathing regulations 26 128 sewage, where not to be discharged. ... 38 131 sewers: solid matter not to pass into 39, 89 131, 142 connections, flushing, etc 27,28 129 sextons 167, 169,170 162,163 sheep: regulations concerning 70, 73, 74 138, 139 slaughter of 83, 84 140 shell burning 91 142 shells, oyster and clam 112 148 sick persons: removal of 143, 154, 155 156, 158 report of 133, 151 153, 158 sidewalks, how used 40, 41, 74 131, 139 sinks: contents of, not to be put into streets or rivers 100, 105,106 145,146 to have proper traps 33 130 not to be emptied, except by per- mit 37, 122 130, 150 construction of 37 130 contents of, not to become offens- ive 107 146 to be disinfected 122 150 not to be filled with dirt till emp- tied of filth 104 146 offal, ashes, garbage, etc., not to be put into 105 146 skinning animals, business of 88 141 skins 152 158 skylight, repairing of 24 128 slaughter-houses, use of regulated 82,83,85 140 slaughtering: cattle, mode of 82,83 140 of horses 86 141 small-pox 133 153 • smoke-house 16 126 smoke from factories, etc 96 143 amended 96 374 soda water, syrup or liquids ».... 51 133 27 418 INDEX. Sanitary Code — Continued: section. page. soil pipes: in relation to joints, connections, size, etc., of 29,30,31,33 129 ventilation of 36 13iJ special regulations, meaning of 1 122 special regulations to be observed 11,12 125 spirits, alcoholic, distilling of 94 143 spitting, in certain places forbidden 178 105 amended 178 374 stables 97 144 to be kept clean 72, 97 139 animals in 180 160 in cellar, permit for 76 139 inflected, no animal to be kept in.. 72 139 stalls, etc., in market to be clean 49 133 steam from factories 96 143 amended 96 374 straw used as bedding Ill 148 street, naeaning of 2 122 streets: certain articles not to be shaken or exposed in 101 145 mode of cleaning 39 131 dirt, brick, etc., in 117 149 offensive substances falling in 121 150 offensive substances not to be de- posited in 100, 102,104 145 not to be obstructed 78 140 dirt or rubbish not to lie piled or or raked up in 114 148 swill: not to escape into street 102 145 how removed 119, 120, 121 149 boiling 91 142 swill milk 52 133 swine: regulations 70, 73, 83 138, 139 140 sick, not to be brought in 124 150 tallow boiling and rendering 91, 95 143 tanks, certain connections not to be made 34 130 tanning establishments 88 141 tap, faucet, tank or fountain 51 133 tar manufactory 94 143 temperature: of manufactories 22 127 certain public places 25 128 tenant, meaning of 1 122 tenant and owner, liability of 13 125 INDEX. ^ 411) Sanitary Code — Continued: section. page. tenement-houses : meaning of 3 123 regulations 19, 20 127 walls and ceiling to be white- washed 23 128 theatres, meaning of 4 123 tombs 168, 169 162, 163 traps: location of 33 130 materials and connections not to be made or used 29,33 129,130 tuberculin test for milch cows 124 150 tuberculosis to be reported 133, 138 153, 154 tubs: in privies 106 146 stationary, to have proper traps... 33 130 turpentine manufactory 94 143 typhoid fever 133 153 typhus fever 133 153 undertakers: to register 169 163 duties in case of contagious disease 141 155 urinals, how to be trapped 33 130 vacant lots to be kept clean and fenced, etc 116 148 vaccination 147 157 varicella, contagious disease 133 153 varnish factories . : 94 143 vats 107 146 vaults, privy: (See Cess-pools and Privies.) for burial 168 162 persons in charge of, to register.. 169 163 vegetables, meaning of 6 124 not sound and fresh 42, 58 131, 135 false label or statement as to 48 132 to be kept in wholesome place 49 133 vegetable matter, putrid, not to be thrown into the street, etc 103 145 vent pipes, length, diameter, etc 36 130 ventilating of waste pipes 36 130 ventilation: in dwellings, lodging houses, etc.. 16 126 in schools, etc 25 128 materials in building 29 129 vessels: regulations concerning 149, 157 157, 159 not to go to offal docks 115 148 veterinary surgeons: to report glanders, contagious dis- eases 127 151 INDEX. Sanitary Code — Continued: section. certificate for milch cows 124 •wash trays, to be trapped 33 waste pipes: construction and connections 30,31,32 materials and connections not to be used or made 29 not to be used for a vent or soil pipe 33 water from buildings: not to pass on to walk 40 reservoirs, pipes, etc., for, to be kept pure 61 for human consumption 62, 63, 64 to flush sewers 28 offensive 88 drinking" 63 water-closets: how trapped 33 not to be offensive 104,107 waters, minerals, etc., filing names of, etc 59 whitewashing walls and ceiling 23 yarding cattle, sheep, horses, etc 73 yards of slaughter houses to be cemented, etc 85 yellow fever 133 Seal to be kept by City Clerk 2 Sealers of weights and measures. (See Weights and Measures.) Second-hand articles. (See Dealers in Sec- ond-hand Articles.) Session laws, publication of 1-2 Sewers: (See Barriers to Prevent Acci- dents, Borough Presidents, Rich- mond.) under control of Borough Presidents.. 152,153 permits to construct, regulations 154-158 connections for refuse 159 not to be obstructed 160 discharge of inflammable gas into, for- bidden policemen to enforce law 161 street sweepers 162 regulations for lajang gas pipes 163-166 restrictions as to steam pipes 168 in Flushing 14-18 Ships carrying gunpowder. (See Vessels.) Shooting galleries: require licenses, (See Licenses.) defined 353 Bhow-bills. (See Signs.) PAGK. 150 130 129 129 130 131 130 136 129 141 136 130 146 135 128 139 141 153 2 361 32 32-34 34 34 368, 370 34 35 35 36 321 82 IKDEX. Show-boards. (See Signs.) section. Show-cases, regulations concerning 263^ Show-windows. (See Bay Windows.) Shows, Manhattan: forbidden in windows 40 Shows, common. (See Common Shows.) Shrubs in parks. (See Parks.) Sidewalks: (See Streets, Encumbrances, Defacing Sidewalks, Obstructions, Borough Presidents, Loading Goods on. Paving, Stands.) of twenty- two feet in all 114 regulations in Manhattan 115, 116 amendments to section 114 114 shall be raised from curb (M.) 118 extension of, forbidden 119,120 penalty for removal of 121 private cart-ways 122, 123 amended 122 how laid 124 notice to pave certain 127-131 obstructions on, forbidden 219 notes as to 219 use of, within stoop lines, regulated. . . . 263 penalties for: having horses and carts on 265 loading and unloading goods on... 266 breaking 267 obstructing near public slips 268 throwing fruit skins on 271 Brooklyn : width of 5 shall be raised from curb 6 repairing of 7-8 materials for 9 flagging of 9, 10 obstructions on 11, 12 concrete, cement, etc 13 widths of, in 29th and 32d Wards. . 14 Long Island City: injuring sidew^alks 22 removing turf, sand, etc., from 23 preserving flagging on 24, 25 obstructing use of 26, 27 in Richmond. (See Richmond.) in Rockaway Beach. (See Rockaway Beach.) paving of, in Flushing 3-8 in Queens, widths of Signs: regulations concerning 260 how ordered removed 221-3 removal of, (See Borough PresideatB.) 421 PAGE. 58-59 281 24 24 371 24 25 371 25 371 25 26-27 46 46-47 58 59 59 59 59 60 293 293 293 294 294-295 295, 296 290 296 312 312 312, 313 313 317-319 364 57 48 422 INDEX. Sinking Fund, real estate belonging to. section. (See Real Estate.) Sinking Fund: (See Finance Dept.) moneys pledged for 53, 54 Board of Commissioners of 55,56 purchases of the city stocks for 57 investments of 58-62 stocks of 63-64 revenues, how kept 65 interest, how drawn from Treasury.... 66 temporary investments 67 journal and reports of 68, 69 construction of terms 70 bonds and stocks issued may be ex- empted from taxation 71 Snow and ice: removal of 409-410 dumping of, prohibited 411 car tracks not to be obstructed 412 failure of owner to remove 414r^l5 duties of railroad companies on car tracks 416 snow plows 417 violations 418 Speed. (See Rules of the Road.) Speed in parks. (See Parks.) Speedways: Harlem River Driveway. (See Parks.) Brooklyn Queens Ocean Parkway Jamaica 5 Speed on bridges, Brooklyn 77 Stairs, from street to cellar, railing around, 194 Stairways, regulations, concerning 263-4 Statuary. (See Ornamental Projections.) Stands: (See Borough Presidents.) require licenses 361-362 within stoop lines regulated 361-364 notes as to under elevated railroad stairs regu- lated 361, 365 reservation clause 366 fee for license 367 display license 368 applications for 369 complaints . . '. 370 list given to police 371 revocation by owner 372 Steps: (See Streets, Sidewalks, Obstruc- tions, Encumbrances, Borough Presi- dents, etc.) orGction of i t • t *•**«««•«? i •• i «? 1 1 1 • i f 1 1 fn»7 PAGE. 10-11 11 11 11-12 12 12 12 13 13 13 13 94r-95 95 95 95-96 96 97 97 273 273 273 326 308 41 58-59 84 84-85 84 85 86 86 86 86 87 87 87 H INDEX. Steps — Continued : section. continuance of present 248 descending- into cellar 194 removal of 221-3 Step-stones, removal of 221-3 Stoops: dimensions of 247 notes as to continuance of present 248 removal 221-3 Long- Island City 7 Stoops in parks. (See Parks.) Storekeepers, to display copies of section 271 272 Storm-doors, regulations concerning- 263-4 Straw, sale of (M.) 25 Streets: (See Obstructions, Encumbrances, Sidew^alks, Borough Presidents, Noises, Nuisances.) obstructions on, forbidden 219 throwing ashes, etc., in, forbidden.... 404 removing ashes, etc., from 405 dropping rubbish, etc., from carts on., 407 handbills, not to be thrown on 408 removal of snow and ice. (See Snow and Ice.) 409 transportation of iron and steel in 529 may be temporarily closed 100 Streets, altering grade of (Flushing) 1-2 Streets, filling in (Jamaica) 1 Streets in parks. (See Parks.) Streets in Richmond. (See Richmond.) Streets in Rockaway Beach. (See Rockaway Beach.) Street, musicians in Brooklyn 44-47 Streets, numbering of. (See Numbering Streets.) Street sprinklers, water for 406 Streets, use of. (See Rules of the Road.) Streets, worship in. (See Public Worship in Streets.) Superintendent of Markets. (See Markets.) Supervisor of City Record, bond of 481 Supplies delivered in parks. (See Parks, Vehicles in.) Supplies d.elivered in West End avenue Supplies for city. (See Contracts.) Surface railroads: must carry signs of destination 503 no transfers to "car ahead" 503-504 heating cars, regulations for 505-508 Brooklyn: rate of speed 48 423 PAGE. 55 41 48 48 54 55 55 48 310 60 58-59 277 46 93 93 94 94 94 120 21 317 325 301-502 93 111 363 114 114 115 802 424 INDEX. Surface railroads — Continued: section. stoppage of cars 49 front platforms of cars 50 platform gates 51 accidents 52 penalties 53 electric cars 54-58 license fees 59 smoking forbidden on cars 60 eating meals on cars 61 damaged cars 62 numbering and coloring of cars 63 disorderly persons on cars 64 conductors to give numbers 65 frequency of cars 66 penalties 67 police to report violations 68 number of tracks 69 general regulations 70 Manhattan: annual license 56-58 lights on cars 59-60 conductors required 61-62 transfers 63-64 cars to run frequently 65-66 Park Avenue 70-72 dummy engines 73 Sixth AvenuiB Railroad 74 Lexington Avenue 75-76 Bronx: locomotives running in 67-69 Long Island City: licenses 49-50 guards 51 Surveyors, city, regulatiDns concerning 274-280 PAGE. 302 303 303 303 303 303-304 304 304 304 304 304 305 305 305 305 305 305 305 283 284 284 284 285 286 286 287 287 285-286 316 317 61-62 T. Tan-bark on streets, regulations Throveing balls, stones, etc. (Jamaica) Ticket speculators: require licenses. (See Licenses.) defined penalty for deceiving badges of, when vrorn Traffic regulations. (See Rules of the Road.) Transfers on cars. (See Surface Rail- roads.) Transportation of rails, regulated Trees in parks. (See Parks.) 273 3-4 350 377 529 60 326 82 82 88 120 INDEX. u. Use of water. (See Water.) V. Vaults: (See Barriers to Prevent Accidents, section. Boroug-h Presidents.) permits to construct, regulations 169-172 not extend beyond sidewalk 173 certificate by surveyor 174-175 construction of 176 grates of, regulated 177 to be guarded while building 178 time to build 179 what includes 186, 187 no grates to be removed from 188 unless protected 189 within what time 190 covers of, to have rough surface 191 Vault covers, regulations in Brooklyn 29 penalties 15 Vehicles, rules for displaying numbers 376 Vehicles in parks. (See Parks.) Vehicles in streets. (See Rules of the Road.) Vehicular traffic on Ocean Parkway Venders: (See PeddL&rs.) Long Island City: regulations 43-46 Vessels carrying gunpowder 428 Violations, penalty for: (See Specific Sub- jects.) general clause 1 when a misdemeanor, notes Volunteer fire de'partments: Flushing, regulations 23-40 Jamaica 5-25 Far Rockaway 16-19 425 PAGE. 36-37 37 37-38 38 38 38 38 40 40 40 41 41 299 297 88 363 315-316 100 362 362 322-325 326-330 335 W. Wares for sale. (See Goods for Sale.) Waste material. (See Sale of Waste Ma- terial.) Water: regulations as to pipe connections permits to boats for use of double fire hydrants regulations for washing streets obstructing stop-cocks penalties for violation Water pipes, permit for boring.,,.,, , 289 65 290 65 291 6G 294 G6 295 66 296 GO 207 43 426 INDEX. Water register: section. page, to give a bond 483 111 reports by 281 63 Water rents: rate of charges 282 63 how paid 283 64 delay in paying 284 64 Weighers of hay: in Manhattan: regulations concerning 10-14 275-276 Weights and measures: bureau of 380 89 filling vacancies in bureau 381 89 inspectors to give bonds 382 89 all vi^eights to be sealed 383 89 under penalty 384 89 conform to standard 385 89 under penalty 395 92 use of incorrect 386 90 registers to be kept 387 90 goods sold at full weight only 388 90 penalty for short weight 389 90 certificates for sale of coal 390 91 all, to be tested annually 392 91 penalty for refusal 393 91 inspectors not to be obstructed 394 91 records of inspections to be kept 396 92 duties of inspectors of 397-400 92 certificates given to owners of 401 92 complaints concerning 402 93 Wells, regulations concerning 195-201 42 West End avenue, delivery of supplies to . . . 363 Windows, pots and boxes on, Manhattan. ... 42 281 Windows, show. 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