tx ICtbris SEYMOUR DURST r When you leave, please leave this book Because it has been said "Ever thing comes t' him who waits Except a loaned book." \ICY Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library Digitized by the Internet Archive in 2013 http://archive.org/details/codeofordinancesOOnewy Code of Ordinances OF THE CITY OF NEW YORK ADOPTED BY THE BO ART) OF ALDERMEN OCTOBER 30, 1906, ANT> AT PROW ED BY THE MAYOR NOVEMBER 8, 1906 VITH AMENDMENTS FROM JAN. 1, 1906 to JAN. r, 1908 THE CHIEF PUBLISHING COMPANY 45 CENTRE STREET NEW YORK CITY Copyrighted 1908, by The Chief Publishing Compan CODE OF ORDINANCES OF THE CITY OF NEW YORK APPOVED BY THE MAYOR, NOVEMBER 8, 1906 AN ORDINANCE adopting the Code of Ordinances of The Citv of New York. Be it Ordained by 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 be and they hereby are repealed.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 here- with presented in the report of Committee on Codification of Ordi- nances of the Board of Aldermen of The City of New York, as the exist- ing ordinances of said City up to the date of January 1, 1906, and all ordi- nances recommended in said Committee's report for re-enactment, with the corrections 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 construed 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 an}- action or proceeding now pend- ing; and any right interest or privilege, which by the terms of any ordi- nance in force at the time of the adoption of this ordinance continues during the pleasure of the Board of Aldermen, shall not be hereby termi- nated. Nor shall any ordinance or resolution creating an existing com- mission be hereby repealed. Approved by the Mayor, Nov. 8, 1906. PART I. GENERAL ORDINANCES AND ORDINANCES OF A GEN- ERAL CHARACTER. CHAPTER T— THE EXECUTIVE DEPARTMENT; Article 1 — The Mayor. Section t. The Mayor may. whenever he shall deem it necessary, issue his proclamation for the apprehension of any person who may have 4 ORDINANCES OF THE CITY OF NEW YORK. committed a crime within The City of New York, and ma}-, in 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. Article 2— The City Clerk. Sec. 2. The seal heretofore in use as the corporate seal of the cor- poration 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 Y r ork, to be kept and used by the City Clerk of said City, as provided by law. CHAPTER 2— THE LEGISLATIVE DEPARTMENT. Article 1 — The Board of Aldermen. S c. 3. A Committee of the Board of Aldermen, in reporting upon a subject referred to them, must attach to their report all resolutions, petitions, remonstrances and other papers in their possession relative to the matters referred. Article 2 — The Clerk of the Board of Aldermen. Sec. 4. The Clerk of 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 Chat Board, and all persons whose attendance will be required before any such Committee, when directed by the Chairman thereof. Sec. 5. He shall, without delay, deliver to all officers of the. Corpora- tion, and to all Committees of the Board of Aldermen, all resolutions and communications referred to those officers or Committees by that Board. Sec. 6. He shall, without delay, deliver to the Mayor all ordinances and resolutions under his charge which arc required by law to be ap- proved 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 such resolutions to the official or Board of whom the request is made by the Board of Aldermen. No resolution which refuses the prayer of anv petition shall be delivered to the Mayor, but all such resolutions shall be filed. Sec. 7. He shall on the day succeeding the approval by the Mayor of any ordinance or resolution, or on the day succeeding its return by the Mayor without approval or objection, deliver to the head of the appro- priate department a certified copy of the same. ORDINANCES OF THE CITY OF NEW YORK. CHAPTER 3— THE LAW DEPARTMENT. Article i — The Corporation Counsel. Sec. 8. The Corporation Counsel shall draw such ordinances as may- be required of him by the Board of Aldermen, or by any Committee thereof. Sec. 9. He shall, when required by the Board of Aldermen, prepare the draft of any bill to be presentd to the Corporation of the City to the Legislature for passage, with a proper memorial for the passage thereof. Sec. 10. He shall draw the leases, deeds and other papers connected 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. Sec. 11. When he shall recover a debt due to the Corporation which may have been placed in his hands for collection, he shall forthwith ren- der 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 lie shall forthwith, on the same day, exhibit to the Comptroller, and shall at the same time leave with him a copy thereof. Sec. 12. He shall keep in proper books to be provided for that pur- pose a register of all actions prosecuted or defended by him, and all pro- ceedings had therein. Sec. 13. Upon the expiration of his term of office, or his resignation thereof, or removal therefrom, the Corporation Counsel shall forthwith, on demand, deliver to his successor 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 its register thereof, and of the proceedings therein, and a written con- sent of substitution of his successor, in all such actions then penr The City of New York for the Redemption of the City Debt" pre 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 pursu- ant to such authority shall be exempt from taxation accordingly, pro- vided that said bonds and stocks shall not bear interest exceeding the rate of four per cent, per annum. Article 4 — The Sale of Real Estate Belonging to the Sinking Fund. Sec. 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 scaled bids, at such times and on such terms as ORDINANCES OF THE CITY OF NEW YORK. 15 they may deem most advantageous for the public interest, in conform- ity with the provisions of the statute in this article before referred to; provided, however, that no property shall be disposed 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. Sec. 73. Real 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 Sinking Fund, or a majority of them, at a meeting to be held and on appraisement made within one month prior to the date of the sale. Sec. 74.- Real estate under lease, without covenant of renewal, shall not be sold for a less sum than an amount equal to the commuta- tion on the present rents reserved, calculated at six per cent. Sec. 75. Real estate not embraced in the last two preceding sec- tions shall not be sold for a less sum than the same may be so appraised at. Sec. 76. Whenever any real estate shall have been sold pursuant 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 produc- tion 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 seal of the City Corporation. Article 5— The Collector of Assessments and Arrears. Sec. 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. Article 6 — The Bureau of City Revenue and Markets. Sec. 78. The Collector of City Revenue and the Superintendent of Markets is charged with the duty of superintending the public markets, the inspection, regulation and management thereof, and of the transferring and other regulation of the stalls and stands therein. i6 ORDIXAXCES OF THE CITY OF NEW YORK. Sec. 79. The Comptroller may appoint proper persons to remove dirt and filth from the public markets, and to perform such other services about the public markets as is necessary to cleanse the same, at a specified compensation; and may, at any time, remove them, or appoint others in their stead. Sec. 80. Xo 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. Sec. 81. The following places are hereby severally designated and declared to be the public markets of the City of Xew York, to wit: Clinton Market, Essex Market, Franklin Market, Fulton Market, Jefferson Market, Tompkins Market. Washington Market, West Wash- ington Market, Gouverneur slip, and the Farmer's Market, bounded by Little Twelfth street, Gansevoort, Washington street and West street and Tenth avenue. Sec. 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 Williamsburg 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 Williamsburg Bridge, on the east by the westerly side of Ridge street, on the south by the southerly clearance line of Williamsburg Bridge property, and on Hie west 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 public market place for hucksters and peddlers using pushcarts, pending the com- pletion 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 be in proper condition, and there to exhibit their wares and vend the same; subject to such rules and regulations concerning fees, the hours of doing business and the general management of said market as may be made by the Comptroller of The City of Xew York. Sec. 83. Provision is hereby made for the acquisition and estab- lishment of a public wholesale market in the Eighth Ward of the Borough of Brooklyn, City of New York, upon the lands and lands under water hereinafter described, which are hereby selected for a public wholesale market in said Borough of Brooklyn, and surveys and maps thereof are hereby directed to be made and filed as provided ORDINANCES OF THE CITY OF NEW YORK. 17 by law. Said lands or lands under water shall be acquired for said purposes by purchase or by condemnation proceedings, as required by law, provided, however, that this matter be submitted to the Board of Estimate and Apportionment, and that no further proceedings be taken until the acquisition of said lands or lands under water is approved and authorized by the Board of Estimate and Apportion- ment, as required by law. The lands and lands under water so selected shall be set apart for use as a public wholesale market, provided, however, that said lands or lands under water or any part thereof, whenever they shall no longer be required for the purpose of a market, may be assigned by the Commissioners of the Sinking Fund for any other public purpose, or may be sold by said Commissioners in the manner pro- vided by law. For the purpose of paying for the acquisition of said lands or lands under water, whether such lands or lands under water be acquired by purchase or by condemnation proceedings, and for the purpose of paying for the construction of said market, the Comptroller, subject to the approval of the Board of Estimate and Apportionment, in the manner provided by law. is authorized to issue Corporate Stock of The City of Xew York. Such Corporate Stock shall be issued from time to time upon the requisition of the Board of Estimate and Appor- tionment, to the amount of such requisition or requisitions, and the proceeds thereof shall be paid into the City Treasury and shall con- stitute a fund for the purpose aforesaid. The lands or lands under water hereinbefore mentioned and referred to are described as follows: All that certain plot, piece or parcel of land and land under water, situate, living and being in the Eighth Ward, Borough of Brooklyn, County of Kings, City and State of Xew York, bounded and described as follows: Beginning at a point on the westerly line or side of Second avenue, 375 feet northerly from the centre line of Thirty-ninth street, as said street and avenue are laid down on the map of the Com- missioners appointed by the Legislature of the State of Xew York to lay out streets, avenues and squares in the former City of Brooklyn: running thence westerly on a line parallel with and distant 375 feet from said centre line of Thirty-ninth street to the pierhead line as established by chapter 491 of the Laws of 1884. and approved by the Secretary of W r ar on March 4, 1890; thence northeasterly along said pierhead line to a point on the westerly prolongation of the southerly line of Thirty-sixth street, as laid down on said map; thence easterly along the westerly prolongation of the southerly line of Thirty-sixth street to the westerly line or side of Second avenue, 376 feet, more or less, to the point or place of beginning. i8 ORDIXAXCES OF THE CITY OF NEW YORK. Article 6A. Sec. 83A. Every cart, wagon or other vehicle in which articles shall be brought to market, or which shall come within the limits of any market, shall be removed therefrom at or before seven o'clock in the morning of each day between the first day of May and the first day of October, and at or before eight o'clock in the morning of each day during the remainder of the year, under the penalty of five dollars for each offense, to be paid by the owner or person having charge thereof. Sec. 83B. Every cart, wagon or other vehicles in which any garden produce or other thing shall be brought to market shall be unloaded immediately on its arrival at the said market and forthwith removed from said market or the limits thereof, under the penalty of ten dollars for every refusal or neglect to remove the same, to be recovered from the owner or owners, or person or persons having charge thereof, severally and respectively. Sec. 83C. All carts, wagons or other vehicles, and all boves, baskets or other things, and all market produce or other article^ what- soever which shall not be removed as directed by the Superintendent of Markets, shall be removed by him to the corporation yard, and such part thereof as will pay the penalty imposed by this article shall be forthwith sold, and the said penalty, when thus received, shall be paid over by the said Superintendent to the Chamberlain of the City. Sec. 83D. The said Superintendent shall also sell so much of the said article or thing as will pay the expense of removal, and the remainder thereof shall continue in the place to which it was removed until the owner thereof shall pay to the said Superintendent, 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. Sec. 83E. The owner 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 conspicuous 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 New York without such name, to be recovered from the owner or driver thereof, severally and respect- ively. Sec. 83F. The last preceding section shall not be construed to apply to the carts used by licensed cartmen of this City, nor to wagons, carts or other vehicles owned by countrymen and bringing such coun- trymen's produce to market. ORDINANCES OK THE CITY OF NEW YORK. 19 C 1 1 AFTER 5— THE BOROUGH PRESIDENTS. Article 1 — Contracts and General Powers. Sec- 84. All contracts for work, materials or supplies relating 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 Corporation, and by the contractor; one original copy so executed shall be kept and filed in the office of the Borough President, one shall be filed in the office of the Comptroller, and the third shall be given to the contractor. 4 Sec. 85. Xo payment shall be made on any work or job done by contract, for any extra work thereon not specified in the contract, imless such extra work shall have been done by the written order of the Borough President directing 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. Sec. 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 payroll for labor performed under the supervision of the Borough Presidents, the Comptroller may; draw a warrant for the total amount of such payroll, in favor of the Chamberlain, who shall make the payments therein specified. Sec. 87. Xo payments shall be made for any work or supplies within 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 filed in the office of the Comptroller. Sec. 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, com- municate to the Board of Aldermen any information or suggestion which he may deem important in relation thereto. Sec. 89. Each Borough President shall issue proposals and adver- tise for bids for all contracts exceeding $1,000 connected with his Department; and whenever a survey or plans shall be necessary for the work duly authorized, or for the purpose of reporting any neces- sary information, he shall cause such survey or plans to be made by 20 ORDINANCES OF THE CITY OF NEW YORK. a competent surveyor, architect or Engineer, as the nature of the work may require. Sec. 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 correct, and which may be duly certified by the Department under whose supervision the expenditure was in- curred; 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 bills and accounts for expendi- tures for the removal of incumbrances or for other expenditures authorized by ordinance, but not under the immediate supervision of any Department, shall be certified by the Borough President. * Sec. 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 con- tract work connected 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 connected 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. Sec. 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. Sec. 93. He shall cause to be entered in books to be provided for that purpose and kept in his office, open at all convenient times to public inspection, the names of all persons from whom he may receive money for the Corporation, 011 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 Comp- troller, on Thursday of each week, and shall thereupon pay over the amount so received to the Chamberlain. He shall 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 Comp- troller. Sec. 94. He may direct the removal of any article or thing what- soever which may incumber or obstruct a street or avenue in The City of New York, under the penalties prescribed by law. Sec. 95. Each Borough President shall keep separate accounts ORDINAN'CES OF THE CITY OF NEW YORK. 21 with the two appropriations, one for the removal of incumbrances and the other for the contingencies of his Department, and the several, drafts shall he made upon the Comptroller, charging each appropria- tion with the respective drafts, and the Comptroller shall draw his warrant in each case in favor of the Borough President for the amounts thereof. Sec. 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. Sec. 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 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 received to the Chamberlain. He shall also thereupon receive from the Cham- berlain duplicate vouchers for the payment thereof, one of which he shall on the same day, file in the office of the Comptroller. Sec. 98. He shall between the first and tenth days of February, May, August and November, and at any other time he may designate, 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. Sec. 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 President. Sec. 100. The Presidents of the Boroughs of The City of New- York be and they are each of them hereby authorized to close tempo- rarily to traffic any street, avenue or public highway, or a portion thereof, when in their judgment travel on said street, avenue or public highway is deemed to be dangerous to life in consequence of there being carried on in said street, avenue or public highway, build- ing operations, repairs to said pavements, or blasting for the purpose of removing rock from abutting property. Article 2 — Numbering Streets and Buildings. Sec. 101. It will be the duty of any Borough President, in num- bering and renumbering streets, to leave sufficient numbers on each block, so that, under any circumstances, there would be but one 22 ORDI WW'CES OF THE CITY OF NEW YORK. block where a change would be required in case of renumbering at any subsequent time. Sec. 102. Whenever any street north of Ninth street inclusive, in the Borough of Manhattan, shall be directed to be numbered or re- numbered, the President of the Borough shall cause the numbers to commence at Fifth avenue, numbering east and west, beginning with No. i 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 whole series of streets north of Ninth street, and including Ninth street; and said streets shall hereafter be called and known as Hast Ninth street and West Ninth street and so on; the dividing line to be Fifth avenue. See. 103. Whenever any street shall have been numbered or re- numbered, in pursuance of these ordinances, such numbers shall not he changed or altered without the consent of the President of the Borough, under the penalty of twenty-live dollars ($25) for each offense, to be sued for and collected of the person or persons so violating these ordinances. See. 104. In all cases where a street shall have been numbered 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. Sec. 105. Whenever any house or lot in any street in the Bor- ough of Manhattan shall have been numbered or renumbered, accord- ing to law or the provisions of these ordinances, it shall be the duty of the President of the Borough to cause to be served upon the owner 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 with 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 expiration of said ten days, until such 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 against the agent if he offer satisfactory proof that compliance with the resolution or ordinance is not within the scope of his authority; second, as against the lessee, ii he offer satisfactory proof that his control of the demised house does not extend to 'numbering or renumbering the same; third, as ORDINANCES OF THE CITY OF NEW YORK. 23 against any defendant who shall prove that the house in question has been numbered or renumbered within the two years last pre- ceding 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. Sec. 106. No person or persons shall cover up or remove any of the monument stones for designating the avenues or streets in The City of New York, without giving three days' notice in writing of his intention so to do to the President of the Borough in which such monument stone is situated. Sec. 107. Tt shall be the duty of the Borough President receiving such notice forthwith to cause one of the City Surveyors or an Engi- neer in his Department to take the necessary measures to raise or lower such monument to the proper grade of the City, and to cause such alteration to be noticed on maps to be kept in his office for that purpose. Sec. 108. It shall be the duty of each of the Borough Presidents 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. Sec. 109. No excavation or embankment shall be made, or any pavement or flagging laid or moved by any person 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 within The City of New Y r ork, unless a license therefor has been obtained from the President of the Borough in which such monument or bolt is situated. Sec. 1 10. Whenever it may be necessary to make any excavation' or embankment, or to lay or remove any pavement or flagging within 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 President having jurisdiction as aforesaid for a license, which application shall set forth the nature of the work proposed and the location of the monument affected thereby. The said Borough President shall thereupon cause one of the- City Surveyors or an Engineer in his Department to take such meas- urement and field notes as may be necessary to restore such mon- uments to their correct position after the completion of the contem- plated work, and when such measurements and field notes have been taken, but not before, may issue a license as desired. Sec. in. Whenever any of the Borough Presidents above men- tioned shall ascertain that any monument stone has been removed, lie 24 ORDIN WCKS OF THE CITY OF NEW YORK shall forthwith cause the same to be placed in its proper position, and shall note the same on the map in the manner before stated. Sec. 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. Sec. 113. If any person or persons shall 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 Police Magistrate or Justice either on his own view or on testimony taken in a summary manner, and in default of payment of any fine so imposed, such Police Justice or Magistrate shall commit such offender to the City Prison for a period not to exceed thirty days, unless such fine is sooner paid. Article 3 — Flagging, Curbing and Repairing Sidewalks. Sec. 114. All streets in the Borough of Manhattan of 22 feet in width and upward shall have sidewalks thereof laid with granite or blue-stone 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. Sec. 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. ... In all streets 60 feet wide, 15 feet. 4. In all streets 70 feet wide. 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. Sec. 116. In all streets less than 40 feet in width such proportion 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. Sec. 117. Omitted. Sec. 118. All sidewalks in the Borough of Manhattan shall be raised from the curbstone in the proportion of 2 inches on 10 feet, tinder 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. Sec. 119. No person shall extend the sidewalk before his lot ORDINANCES OF THE CITY OF NEW YORK 25 beyond that of his neighbor, in any street where the same is not 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. Sec. 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 tu'o 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. Sec. 121. No sidewalk or any part of a sidewalk laid with brick or flagging shall hereafter be taken up or the brick or flagging re- moved therefrom, for any purpose whatever, 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 an}- curb or gutter-stones that may have become displaced, broken or sunken, or the necessary repair or alteration of any coal slide under any side- walk, nor shall a permit for any such purpose be necessary. Sec. 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 blue stone, 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, severally and respectively. Sec. 123. In case any part of such private cartway or any part 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 Bor- ough 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 occupants of the lot fronting thereon. Sec. 124. All curb-stones which shall hereafter be laid for the purpose of supporting the sidewalks shall not be less than three feet in length. 5 inches thick, 20 inches wide throughout, and shall be of the best blue stone or gray granite, and cut. prepared and laid in the following manner, that is to say: 10 inches of the stone shall be laid 26 ORDIXANXES OF THE CITY OF NEW YORK. below the kennel and 10 inches above it. except where the length of t he 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 more than 8 inches above the gutter-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 or her 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 width, so as to prevent any abrupt irregularity in the pavement of the sidewalk; the top of the stone shall be cut to a bevel 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 as to form close and even joints, and the front so laid as to present a fair and unbroken line, under the penalty of $10 for each or any violation of this section, to be sued for and recovered from the persons laying and fixing the same, and the owner or owners of the lots fronting on the sidewalk so fixed, severally and respectively; but in all cases where 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 not less than 5 inches in depth. Sec. 125. All gutter-stones which shall hereafter be laid in thfs city shall be of the best hard blue stone 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 per- sons laying the sidewalk and the owner or owners of the lot fronting on the sidewalk or street, severally and respectively. Sec. 126. If any street, when paved, 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 will 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. Sec. 127. When any carriageway shall have been paved, and a majority of owners of lots on the same block shall have 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 lots in front of which the sidewalks shall not be paved, to regulate and pave the same within a certain time to be designated in such notice. ORDINANCES OF THE CITY OF NEW YORK. 27 Sec. 128. In case of any neglect or refusal to comply with the requisitions contained in the notice mentioned in the last preceding section, the owner or owners, or occupant or occupants, shall forfeit the penalty of $25 for each neglect or refusal, severally or respectively. Sec. 129. The owner or owners, lessee or lessees, occupant or occupants of any house or 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. Sec. 130. Upon complaint being made to the Borough President having jurisdiction thereof, to his satisfaction, that any sidewalk or curb and gutter, or cither, 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, occupant 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. Sec. 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 complying with the said notice, the said Borough President is hereby authorized and required to lay and relay the flagging, and set and reset the curb and gutter, or either, and otherwise repair such sidewalks, and to certify the expense of conforming to the provisions 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 with the above said notice, who shall recover $10 as a penalty from the owner or owners, lessee or lessees, occupant or occupants, of such house 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. Article 4 — Paving, Repaving and Repairing Carriageways. Sec. 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 cartway, and shall have a gutter or kennel on each side 28 ORDIXAXCES OF THE CITY OF NEW YORK. next adjoining the footpath, and shall be paved with sufficient paving stone, and arched in such manner as the Borough Presidents shall direct. Sec. 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 tli stance between and including the intersection of two streets, shall be repaired or newly paved, and the cross walks laid, and the side- walks 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 forever thereafter be paved, repaired and repaved at the expense of the Cor- poration, but this section shall not be construed to apply to any wooden pavement in said City. Sec. 134. Any citizen or number of citizens shall be allowed to paye 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 regula- tions of the President of the Borough in which such street is located. Sec. 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 construction of sewers, or for the laying of any water, gas or other pipes, shall, after the pavement is laid or driven down, have covered over them 1 inch in thickness of pure sand. Sec. 136. Any and all persons other than the Commissioner of Water Supply, Gas and Electricity who may hereafter pave or cause to he paved, any street, lane or other thoroughfare, or portion thereof, in this City, shall have the sand, dirt and rubbish cleaned off said street, lane or thoroughfare, or any part thereof, within twelve days after any such 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. Sec. 137. Any person or persons, excepting the Commissioner 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. Sec. 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 ORDINANCES OF THE CITY OF NEW YORK. 29 permission of the President of the Borough in which such work is to he 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 or 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 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. Sec. 139. It shall be lawful for the persons employed to pave or repave any street in The City of New York, to place proper obstruc- tions across any 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. Sec. 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. Sec. 141. Nothing contained in this article shall be construed to authorize any person or persons to stop up or obstruct more than the space of one block and one intersection, 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. Sec. 142. Whenever any person or persons shall have authority 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, 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 avenue so obstructed, with the cross streets nearest to such obstruction, a suitable notice of such obstruc- tions, which notice shall be in such manner and form as the Borough President having jurisdiction of such street may at any time direct. Sec. 143. Every person who shall violate the preceding section shall be subject to a penalty of $10, to be sued for and recovered in any court of competent jurisdiction. Sec. 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 30 ORDINANCES OF THE CITY OF NEW YORK. removed therefrom, for any purpose whatever, without the authority of the Borough President having charge thereof, under the penalty of $100 for every offense. Sec. 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 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. Sec. 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 forthwith 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. Sec. 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, therefrom, it shall be the duty of the Borough President having charge thereof forthwith to prevent the same, and generally to prevent the pavement in the street aforesaid, and every part thereof, from being taken up, removed, incumbered or obstructed. Sec. 148. It is hereby made the duty of the Borough Presidents, each in their respective jurisdiction, whenever granting a permit for any excavation, opening or disturbance of the pavement of the car- riageway of any street, 'avenue or public place in The City of New York, or sidewalk thereof, except in cases where such opening, exca- vation or disturbance shall be directly 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 purpose 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 disturbance; which deposit shall be a full discharge of all liability ORDINANCES OF THE CITY OF NEW YORK. and claim against the person or persons making such deposit and payment for the work herein provided for and required of the Depart- ment aforesaid. Sec. 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 accounts 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 here- inafter provided for. Sec. 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 pavement, 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 without break- ing or injuring the same, and in a manner which will occasion the least inconvenience to the public, and to fill in any excavation, 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 judg- ment shall be deemed necessary for the purpose of carrying out the provisions of this ordinance. Sec. 151. Such sums as shall be certified by the said Borough Presidents to have been necessarily expended by him or them for any repaving done pursuant to this ordinance, shall be paid from the Special Fund hereby created upon the requisition of the said Borough Presidents, as the case may be, after examination, audit and allow- ance of accounts by the Finance Department, in the same manner that payments 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. /Trticle 5 — Sewers and Drains. Sec. 152. All sewers and drains in any of the streets, avenues 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 condition, 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. 32 ORDIXAXCES OF THE CITY OF NEW YORK. Sec. 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 there- with shall be composed, and shall have authority to grant permission to make lateral connections with said sewers. Sec. 154. The said Borough Presidents may grant permission 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 applying therefor, that they shall comply with the ordinances in relation to excavating the streets., fhat 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 permitted; 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 further condition that the Board of Aldermen nvay at any time revoke and annul such permission, and direct such sewers, drains or pipes to be taken up or removed. Sec. 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 forth- with on the same day exhibit to the Comptroller, and shall at the same time leave with him a copy thereof. • Sec. 156. Xo connection shall be made with any sewer or drain without the written permission of the Borough President having jurisdiction as aforesaid; and any connection or opening made into any sewer or drain without such permission, or in a manner different from the mode prescribed for such opening by said Borough Presi- dent, shall subject the person making the same and the owner of the premises directing it, respectively, to a penalty of $50. Sec. 157. All openings into any sewers or drains, for the purpose of making connections therewith, from any house, cellar, vault, yard or other premises, shall be made by persons licensed by the several ORDINANCES OF THE CITY OF XKYY YORK. 33 Borough President, 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 openings 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 faith- fully 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 will properly refill and ram the earth, and suitably restore the pavement taken up for excavating, and repave 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 President in whose territory the same is located may cause the same to be done and charge the expense thereof to the person so neglecting. Sec. 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 proportionately for such additional space of ground covered by each respectively. Manufactories, breweries, distilleries and the like, for permission to connect with sewers or drains, for the purpose of carrying off waters or fluids that will not deposit sediment or obstruc- tion, shall pay such sums as shall be fixed and determined by said Borough President. And any manufacturer, brewer, distiller, or the like, permitting any substance 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. Sec. 159. All connections with sewers or drains, used for the purpose of carrying off animal refuse from water closets, or other- wise, and slops from 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 without such fixtures for supplying said water. Sec. 160. Xo butcher's offal or garbage, dead animals or obstruc- tions of any kind whatsoever, shall be placed, thrown or deposited in any receiving basin or sewer; and any person so offending or causing J4 ORDINANCES OF THE CITY OF NEW YORK. 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 bulkhead through which any sewer or drain may run; nor upon or over any sewer or drain where the same shall be within 3 feet of the surface of the street, under penalty of $50 for each offense, to be recovered of the person or persons causing or per- mitting the same. Sec. 161. It shall be the duty of the Policemen to be vigilant n the enforcement of the provisions of this chapter, and report any vio- lations thereof to the Corporation Counsel. The captains of the sev- eral police precincts shall, observing 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 of Police shall, without delay, make complaint to the Corporation Counsel and report the same to the President 'of the Borough in which the violation occurs. Sec. 162. It shall be the duty of every person having charge of the sweeping 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 sub- stance 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. Sec. 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 gas pipes oi gaslight companies are laid, or when- ever any such street shall be regulated or graded, it shall be the duty of the contractor or contractors thereof to give such notice, in writ- ing, of the same to the said companies, or to the one whose pipes are laid in the street about being disturbed by the construction, altera- tion or repairing, of such sewer, culvert, water mains or pipes, or by the regulating or grading thereof, at least twenty-four hours before breaking ground therefor. Sec. 164. It shall be the duty of the said gas companies, or the one whose pipes are about to be disturbed by the construction, alter- ation or repairing of any sewer, culvert, water main or pipe, or the regulating or grading of any street, on the receipt of the notice pro- vided for in the preceding section, to remove or otherwise protect ORDINANCES OK THE CITY OF NEW YORK. 35 and replace the main and 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 pipes, lamp-posts and lamps to be pro- tected and replaced, where necessary, during the progress of the work. Sec. 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 making such contract, or for the regulating or grading of any such street. Sec. 166. Tt 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 in 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, alter- ation 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 earth wherever the same shall have been removed, loosened or disturbed, under or around them, so that such pipes shall be we'll and substantially supported; and if such person or persons shall fail to sustain, secure or protect said pipes from injur}-, 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 damages sustained by either of said companies there- by, shall be paid by said person or persons to said company: and the said company may in default thereof, maintain an action against him or them therefor. Sec. 167. The provisions of the last preceding section shall be made part and a condition of every permit that shall hereafter be granted to any person or persons for making any excavation for the construction, alteration or repairing any vault, waste pipe or drain in any streets 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. Sec. 168. No connection with or opening into any sewer or drain >hall 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 36 ORDINANCES OF THE CITY OF NEW YORK. 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 discontinue 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 and recovered from the owner and occupants severally and respectively of such man- ufactory or building, or from any corporation having mains for the conveyance of steam or hot water in the streets, avenues or public places. Article 6 — Vaults, Cisterns and Areas. Sec. 169. The Presidents of the respective Boroughs, on application for that purpose, are empowered to give permission to construct any vaults or cisterns in the streets within their respective territories, pro- vided, in the opinion of the Borough President granting such permit, no injury will come to the public thereby. Sec. 170. Xo 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 hav- ing 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. Sec. 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 intended length and width of the same. Sec. 172. After obtaining permission to construct or make such vault or cistern, and previous to the commencement thereof, the per- son so applying shall forthwith pay to the Borough President grant- ing the permit therefor such sum as he shall certify in the said permis- sion to be a just compensation to the City for such privilege, calcu- lated 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. Sec. 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. horse to water severally and respectively. Sec. 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 Bor- ough President granting the permit therefor a certificate of the said measurement, signed by such Surveyor, before the arching of such vault or cistern be commenced, under the penalty of $100. ORDINANCES OF THE CITY OF NEW YORK. 37 Sec. 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 cis- tern, 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. Sec. 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. Sec. 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. Sec. 178. Every owner or occupant of any house or lot of ground within the paved streets of The City of New York, before which any 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 uncov- ered, 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, cis- tern or well, under penalty of $10. Sec. 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 thereafter during which the same shall remain uninclosed, to be recovered from the owner or builder of the same, severally and respectively. Sec. 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, measuring 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 penalty of $100. to be recovered from the owner and builder thereof, severally and respectively. Sec. 181. No areas, steps, courtyards or other projections, except show windows, not exceeding 18 inches in width, and signs not pro- jecting over 12 inches from the house line, shall hereafter be built, ■erected or made upon Broadway, to the south of Fifty-ninth street. 38 ORDINANCES OF THE CITY OF NEW YORK. in the Borough of Manhattan, and that all buildings hereafter erected shall conform to and be upon the street line of such street. Sec. 182. Any person or persons who shall hereafter make, build or erect any area, steps, stoop, courtyard or other projection, in con- travention of this ordinance, shall be guilty of a misdemeanor, and shall in addition thereto, be liable for a -penalty of $10 for such of- fense and for $10 for each and every day that such offense shall continue. Sec. 183. That 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 Fourteenth street, between Broadway and Sixth avenue, in the Borough of Manhattan. Sec. 184. That any person or persons who shall make, build or erect any area, steps, stoop, courtyard or other projection, in contra- vention 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. Sec. 185. Every area shall be inclosed with a railing, the gate 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 respectively. Sec. 186. Every description of opening below the surface of the street in front of any shop, store, house or other building, if covered over, shall be considered and held to be a vault or cistern within the meaning of this article; and the master builder or owner, or person for whom the same shall be made or built, shall be liable to the pro- visions, payments and penalties of this article severally and re- spectively. Sec. 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. Sec. 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 removed 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. Sec. 189. The last preceding secton of this article shall not be construed to prevent the removal of such grate or covering, provided the aperture to such vault during the removal of such grate or cover- ing, shall be inclosed with a strong box or curb at least 12 inches high. Sec. 190. No person shall suffer or permit any grate or covering 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 ORDINANCES OF THE CITY OF NEW YORK. 30 from the owner and occupant of the house to which such vault shall belong, severally and respectively. Sec. 191. The Commissioner of Police is hereby directed to re- port 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 owner or occupant neg- lect or refuse to comply with the directions contained in such notifi- cation for a period of six months, he shall suffer a penalty of $5 for every twenty-four hours in excess of said six months that such neg- lect 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 prose- cution. Sec. 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 3 feet and upward, for the purpose of orna- mental court yards, they shall be permitted to inclose for such pur- pose, with a neat railing, in addition to the space receded from, so much of the sidewalk in front as is allowed by ordinance for stoops, the gates of such inclosure to be so constructed as to open inwardly, under the penalty of $100 for each offense. Sec. 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 5 feet into any street, under the penalty of $100 for each offense. Sec. 194. Every entrance or flight of steps projecting beyond the line of the street and descending into any cellar or basement story of any house or other building where such entrance or flight of steps shall not be covered, shall be inclosed with a railing on each side, perma- nently put up, from 3 to 3 1-2 feet high, with a gate to open inwardly, or with two iron chains across the front of the entrance-way, 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 acci- dents, under the penalty of $20 for every offense, to be recovered from the owner, assigns or lessee thereof, severally and respectively. Article 7 — Public Wells, Pumps, Cisterns and Hydrants. Sec. 195. All applications for wells and pumps in any part of The City of New York shall be made to the Borough Presidents. 4o ORDINANCES OK THE CITY OF NEW YORK. Sec. 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 same .Borough Presidents in the usual manner, on receiving from the said Commissioner a certificate of his approval of the work and that the same is built in conformity to law; the said work to be done in ac- cordance with the provisions of law and ordinances as to all work done for the Corporation. Sec. 197. Xo public well shall hereafter be built in any of the avenues of this City. Sec. 198. No person shall build any well in any of the avenues of this City, under a penalty of $50, and the President of the Borough in which the same is located shall cause the same in all cases to be filled up. Sec. 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 $25 for each offense. Sec. 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 extin- guishing the same, under the penalty of $25 for each offense. Sec. 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 $25 for each offense. Sec. 202. Every person who shall place or assist in placing, or cause or procure to be placed, any hogshead, barrel, tub or other ves- sel of greater capacity than 10 gallons, in any street of The City of New York, within 25 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 $10 for each offense. Sec. 203. The last preceding section shall not be construed to prevent the immediate filling of any vessel therein mentioned, provided the same be forthwith removed. Sec. 204. If any person, except one of the engineers or foremen of the fire companies, shall unscrew any of the hydrants belonging or attached to the Corporation water works created for the extinguish- ment of fires, or interfere with the same, or any part of the works be- longing 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 $50 for each and every such offense. Sec. 205. No person shall wash, or cause or procure or permit to be washed, any horse or carriage within 25 feet of any pump in any ORDINANCES OF THE CITY OF NEW YORK. street in The City of New York, under the penalty of $10 for every offense. Sec. 206. No person shall water, or suffer or permit any horse to drink or to be watered at or within 10 feet of any pump or well in any street of The City of New York, under the penalty of $5 for each of- fense, to be paid by the owner or person watering or permitting such horse to water severally and resepectively. Sec. 207. All persons are forbidden to open any street pavement 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 $5 for each offense, unless ' with written permission of the Commis- sioner of Water Supply, Gas and Electricity. Article 8— Public Baths. Sec. 208. The President of the Borough in which the same arcr 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 $5 for one offense or by imprisonment not exceeding one day. Article 9 — The Erection of Barriers to Prevent Accidents. Sec. 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 Depart- ments 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 excavations or work in such a manner as to prevent danger to passengers 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 re- moved. 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 perform- ance of said work, under the penalty of $100 for every neglect. Sec. 210. The provisions of the preceding section shall apply to every person engaged in building any vault or constructing any lateral drain from any cellar to any public sewer, or who shall perform any work causing obstructions in the public streets by virtue of any per- mit from any Executive Department, and also to all public or Corpo- 4-> ORDINANCES OF THE CITY OK NEW YORK. ration officers engaged in performing any work in behalf of the Cor- poration whereby obstructions or excavations shall be made in the public streets. Sec. 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 extending the fence so far across the street or road as to prevent persons from traveling such portion as would be dangerous. 2. In paving any street or avenue by extending it across the carriage-way of such street or avenue, or if but a portion of the width of such carriage-way 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 t he carriage-way at the ends of such excavation as shall be made. 4. In building 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 carriage-way of the street or avenue. 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 pro- vided in the preceding sections. It shall be lawful for persons who desire to erect large buildings to erect and maintain a bridge, not to exceed 7 feet in height above the sidewalk, and 6 feet in width, extend- ing the whole length of the proposed building; the steps leading to the same to rest upon the sidewalk of the adjoining premises. Sec. 212. In all cases where any person or persons shall perform 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 the Board of Aldermen, or either of the Depart- ments, such persons shall be answerable for any and every damage which may be occasioned to persons, animals or property by reason of carelessness in any manner connected with the said work. Sec. 213. It shall be the duty of the Borough President having charge of the particular class of improvements to see that the require- ments contained in this article in regard to the erection of fencing and placing lights, in all cases be complied with severally, under the pen- alty of $50 for each and every neglect. Sec. 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 ORDINANCES OF THE CITY OF NEW YORK. performed, whether for digging down streets or roads, paving streets, building sewers and building 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 necessary complaint to the Corporation Counsel for any omission on the part of the per- son referred to, under the penalty of $50 for every neglect. Sec. 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 performance thereof, it shall be the duty of the Departments by whom such contracts arc made to insert a cove- nant requiring the contractor or contractors to place proper guards for the prevention of accidents, and to put up and keep suitable and suffi- cient 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 un- skillfulness or carelessness in any manner connected with the exe- cution and completion of the work. Sec. 216. In all contracts for digging down any road or street., where such digging, if left exposed, would be dangerous 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 across the street, in such a manner as to prevent danger to passengers, and so to continue and uphold the said fence or railing until the street is completed. Sec. 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 Corpora- tion. Sec. 218. In all contracts for the work for the Corporation upon any public building, or in any public street, in the performance of which accidents or injuries may happen 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 night suitable and sufficient lights during the performance of the work; and that he will indemnify the Corporation for damages or costs to which they may be put by reason of injury to person or property of another resulting from negligence or carelessness in the performance of the work. Article 10 — The Bureau of Incumbrances. 1. Incumbering the Streets. Sec. 219. No person shall incumber or obstruct any street, road- 44 ORDINANCES OF THE CITY OF NEW YORK. way or sidewalk which has been opened, regulated or graded, accord- ing to law, in The City of New York, with any article or thing what- soever, except as provided in section 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 $5 for each offense, and a further penalty of $5 for each day or part of a day such obstruction or encumbrance shall continue. Sec. 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 $5 for every such post. Sec. 221. The President of any Borough, whenever directed by the Board of Aldermen, shall order any step-stones used for entering carriages, 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 lim- ited by the Board of Aldermen. Sec. 222. The order of direction mentioned in the last preceding section shall be in writing, and shall be served personally or by leav- ing it at the house or place of business of the owner, occupant or per- son having charge of the house or lot in front of which step-stone or other incumbrance or obstruction may be, or by posting the said notice or order upon such step-stone or other incumbrance or ob- struction. Sec. 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 for- feit and pay the sum of $10, and the further sum of $5 for each and every day, from and after the time limited and appointed in said order, until the same shall have been complied with. 2. Bay and Show Windows. Sec. 224. The Borough Presidents and the Park Commissioners having jurisdiction, shall issue permits for the erection of bay windows projecting beyond the building line, provided 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 bound- aries thereof, shall be issued by the Park Commissioner having juris- diction, as provided in section 612 of the Charter, as amended by section I. 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 ORDIXAXCES OF THE CITY OF NEW YORK. 45 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. Sec. 225. Before the erection of any bay window projecting be- yond the building line shall have been commenced, the owner or his duly authorized agent 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. exclu- sive of cornices, pilasters, trims, etc., shall be the line taken as a basis of computation. Each application for the erection of a bay window projecting mdre than one foot beyond the building line shall have indorsed thereon the consent of all the adjoining property owners within .« distance of 50 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 unintersected by any other street on which it is proposed to erect. Each application shall be accompanied by the amount of the com- pensation due the City for the privilege of erecting said bay window, as hereinafter provided. Sec. 226. Each application for the erection of a bay window projecting more than one foot beyond the building line shall be accom- panied by a certified copy of the last assessed valuation of the prop- erty 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 window shall be at the rate of 10 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 throughout The City of New 46 ORDINANCES OF THE CITY OF NEW YORK. York shall he 10 cents for each square foot or fraction thereof of horizontal area covered by said bay windows beyond the building- line. Sec. 227. Bay windows may be hereafter erected with a projec- tion of not more than 3 feet beyond the building line, provided that when the projection exceeds 1 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 75 per cent, of the width of the frontage of the building on which they are located, the (projection shall not exceed 1 foot beyond the building line, nor shall the bay window be carried higher than the sill course of the second- story windows. Sec. 228. Permits for the erection of bay windows shall be issued in duplicate, one of which shall be retained by the applicant and kept •it the building during the erection of the window, and the other shall be filed by him. with the plans for the construction of the win- dow ,in the Department of Buildings. If it shall appear, upon com- pletion, that the bay window occupies 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 window over and above the number of square feet paid for originally. Sec. 229. Permits granted pursuant to the provisions of this ordi- nance 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 recommendation of the officer having juris- diction, when the space occupied by said bay window, or any portion thereof, may be required for any public improvement, or, upon any \iolation of any of the terms or conditions upon which this permit is issued." A permit for the erection of a bay window 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. Sec. 230. Permits for the reconstruction of now existing bay win- dows as defined by this ordinance, and for the reconstruction of all bay windows which shall be hereafter erected under the provisions of this ordinance, shall be issued by the officer haying jurisdiction, without the applicant's obtaining the consent of adjoining property owners, as provided in section 2 of this ordinance; provided, that the bay window, when reconstructed, shall have no greater projection or width, nor be carried through a greater number of stories, nor cover ORDIXAXCKS OF THE CITY OF NEW YORK. 47 a greater area, than the window as orginally constructed. Am! further provided, that no fee shall be charged for the reconstruction of bay windows which have been erected under the provisions of this ordinance, 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 windows; 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 ordinance. Sec. 231. Nothing herein contained shall be deemed to conflict 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 construc- tion of a bay window 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. Sec. 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 juris- diction over the erection of bay windows at the same place. Applica- tion 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 accom- panied 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 compensation due the City for the privilege of continuing the bay window, calculated in the same manner and at the same rate as are provided in sections 2 and 3 oi 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 provisions of section 6 of thi^ ordinance, in like manner as are permits for the erection of bay win- dows. Permits issued under this section shall be issued in duplicate, and one of such duplicates shall be filed in the Department of Build ings. All fees received under this section shall be accounted for an paid over as provided in section 9 of this ordinance. Nothing herein contained shall be construed to revoke any permit or authority here- tofore lawfully issued or given. Sec. 233. All fees received by the Borough Presidents or the Park Commissioners for the issuing of permits for the erection of bay windows shall be accounted for in proper books kept for that purpose. 4* ORDINANCES OF THE CITY OF. NEW YORK. and shall be turned over by them to the City Chamberlain and credited to the General Fund. Sec. 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. 3. Ornamental Projections. Sec. 235. The Borough Presidents and the Park Commissioners having jurisdiction shall, subject to the restrictions of this ordinance, issue permits for the construction of ornamental projections which project beyond the building line; provided, in the opinion of the officer having jurisdiction, no injury will come to the public thereby. Per- mits for the construction 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 Commissioner 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 President having jurisdiction. For the purposes of this ordinance, "an ornamental projection" shall be taken to mean and include all decorative projections on the face of a building beyond 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. Sec. 236. Before the erection of any such ornamental projections shall be commenced the owner of the building or his duly authorized agent shall make applications in writing to the said Borough President or Park Commissioner having jurisdiction, on suitable blanks fur nished by him, for the permit herein provided for, and shall file a plan and drawings showing the nature of the proposed ornament, with the dimensions thereof, the number of stories through which it is intended to be carried, the number of square feet of area covered by that portion of the ornamentation projecting beyond the building line. Each application shall be accompanied by the amount of com- pensation due the City for the privilege of erecting said ornamenta- tion, as hereinafter provided. Sec. 237. Each application for the erection of an ornamental projection which projects more than 1 foot beyond the building line, shall be accompanied by a certified copy of the last assessed valuation of the property on which said ornamental 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 erecting each ornamental projection shall be, for each and every square foot ORDINANCES OF THE CITY OF NEW YORK 40 or fraction thereof of area extending more than I foot beyond the "building line, at the rate of 10 per cent, per square foot of the assessed value of the property on which the said ornamental projection is to be erected. Sec. 238. Ornamental projections which shall extend not more than 2 feet beyond the building line may hereafter be erected on buildings in the Borough of Manhattan, situated 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 5 feet beyond the building line. Sec. 239. The permits mentioned herein shall be issued in dupli- cate, 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 with 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. Sec. 240. Permits granted pursuant to the provisions of this ordi- nance 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 recommendation of the officer having juris- diction, when the space 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 pro- jection shall be deemed to have expired when such projection 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 8 of this ordinance. In case it is thereafter desired to erect an orna- mental projection on the said property, the applicant shall comply with all of the provisions of this ordinance. Sec. 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 buildings have been 50 ORDINANCES OF THE CITY OF NEW YORK. erected or are being erected, and have ornamental projections thereon beyond the building line, without any authorization therefor. Sec. 242. No fees shall be charged for granting a permit to re- construct an ornamental projection within the limitations imposed by an original permit therefor. Sec. 243. Nothing herein contained shall be deemed to conflict with the provisions of the Building Code. No plans for the construc- tion of a building having ornamental projections thereon, beyond the building line as defined in this ordinance, shall be approved by the Superintendent of Buildings until the permit therefor is filed, as pro- vided by section 5 of this ordinance. Sec. 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. Sec. 245. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall in addition thereto be liable to a penalty of $10 for each offence and $10 for each and every day that such offense shall continue. 4. Porches, Platforms and Stoops. Sec. 246. No person or persons shall hereafter construct any porch over a cellar door, under the penalty of $100. Sec. 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 convenient passageway into the house or building, nor any stoop or step which shall exceed 5 feet in height, under the penalty of $100. Sec. 248. Nothing contained in the preceding section of this article shall be deemed to prohibit the continuance of any porches, doors, stoops, platforms or steps which were heretofore erected, unless the same shall be complained of to the Board of Aldermen, who may direct their removal or alteration within a reasonable time. 5. Balustrades and Awnings. Sec. 249. All persons who wish hereafter to erect balustrades beyond the street line shall first obtain permission from the Board of Aldermen. Sec. 250. No balustrade 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. ORDINANCES OF THE CITY OF NEW YORK 51 Sec. 251. None but iron braces and railings shall be used for balustrades; the strength and firmness shall be tested by the Super- intendent 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 $5 per day. Sec. 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, Madison avenue and the Bowery, and those parts of Lexington avenue which are distant 200 feet from any intersection cross street upon which a surface car is operated; provided, that ever}- 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 ma}' be built upon Lexington avenue shall be con- stru#ted 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 the same to the outer line of the curb-stone. A penalty of $5 for each day such awning or water-shed shall remain without such appurtenances to be imposed. Sec. 253. All awnings erected hereunder or under and pursuant 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. Sec. 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. Sec. 255. Nothing herein contained shall be construed to prevent the revocation by the Board of Aldermen of the license to erect any awning hereunder. Sec. 256. Iron posts tor awnings erected in any street in 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. Sec. 257. All posts fixed in any street for the purpose of support- ing 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 down- 5-" ORDINANCES OF THE CITY OF NEW YORK. ward from the same over any sidewalk or footpath, under a penalty of $10 for each day's offense. Sec. 258. It shall be the duty of the President of the Borough in which the same is erected to order and direct any awning post, bracket, or awning which may be erected in any street in The City of New York, 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 $10. Sec. 259. Any awning, 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 foregoing ordinances. 6. Signs and Showbills. * Sec. 260. Signs, showbills and snowboards may be placed on the fronts of buildings, with the consent of the owner thereof, and shall be securely fastened, and shall not project more than one foot from the house wall, except that signs may be hung or attached at right angles to any building and extend not to exceed three feet therefrom in the space between the second floor (the ground floor being con- sidered the first 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 snowboard shall be placed, hung or maintained except as in this section prescribed, under penalty of $10 for each offense and a further penalty of $10 for each day or part of a day the same shall continue. 7. Exposing Goods for Sale. Sec. 261. No goods, wares, merchandise, 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 $10 for each offense. Sec. 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 3 feet in front of his or her house, store or other building, and not to a greater height than 5 feet above the level of the sidewalk, except goods, wares or merchandise in process or 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 $5 for each day's offense. S. Showcases, Barber-poles. Illuminated Signs, Ornamental Lamps, ORDINANCES OF THE CITY OF NEW YORK. Drop-awnings. Storm-doors, Stairways and Hoistways. Sec. 263. Showcases may be placed in areas or on the sidewalk within the stoop line, in front of any building, by or with the consent of the occupant of the ground floor thereof, but not beyond 5 feet from the house line or wall of any building where the stoop lint extends further, and provided also, that no such showcase shall be more than 5 feet in height, 3 feet in length, and 2 feet in width, nor shall be so placed as to interfere with the free access to the adjoining: premises, and all such showcases shall be freely movable. Goods when exhibited shall not be placed more than 3 feet from the building line, and not to a greater height than 5 feet above the level of the sidewalk. Barber-poles not exceeding 5 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 conditions as to dimensions, consent,, etc., as hereinbefore provided for showcases. Ornamental lamps and illuminated signs may be placed on the stoop of any building by the owner of said building, and upon or within the stoop line by the occupant of the ground floor of any premises. Drop-awnings, without vertical supports, are permitted within the stoop lines, but in no case to extend beyond 6 feet from the house line, and to be at least 6 feet in the clear above the sidewalk. Storm-doors not exceeding 10 feet in height, nor more than 2 feet wider than the doorway or entrance of any building, may b< temporarily erected within the stoop lines, but in no case to extend more than 6 feet outside the house line. Xo structure under the nanii 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 distance than 4 feet from the house-wall of any building. Hoistways may be placed within the stoop lines, but in no case to extend beyond 5 feet from the house line, and shall be guarded by iron railings or rods t<* prevent accidents to passers-by. Sec. 264. All privileges which may be exercised under the pre- visions of the last preceding section shall be without expenses <>r charge to the City, and are conferred only during the pleasure of the Board of Aldermen, who may at any time alter, amend or repeal said section. The penalty for a violation of said last preceding section shall be not to exceed $10 for each and every day such violation c hall continue. 9. Obstructing and Injuring Walks. Sec. 265. Xo person shall lead, drive or ride any horse, or horse 54 ORDINANCES OF THE CITY OF NEW YORK. and cart, or drag any wheel or hand barrow, or saw any wood, upon any footpath or sidewalk, under the penalty of $5 for each offense. Sec. 266. No owner or occupant of any store or house shall per- mit 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 penaltv of $^ for each offense. Sec. 267. Tf any cartman or other person shall break or otherwise injure any footpath or sidewalk, he or thev shall, within twenty-four hours thereafter, cause the same to be well and sufficiently repaired or mended, under the penaltv of $to. Sec. 268. No person shall obstruct the walks laid across the public streets or at the head of the public slips in The Citv 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 putting any other obstruction or other thing across or on the same, under the penalty of $5 for each offense. 10. Moving Buildings. Sec. 260. The Rorough 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. 11. Protecting Street Pavement. Sec. 270. In no case shall building material be placed upon, or mortar, cement or other material mixed upon the pavement of a street paved with asphalt, asphalt block or wood, except a permit be issued by the Borough President having jurisdiction, which permit shall con- tain a provision that such pavement be protected by first laying planks thereon. Any person, firm or corporation violating any provisions of this ordinance shall be deemed guilty of a minor offense and upon con- viction thereof by any Magistrate, whether upon confession of the party or competent testimony, shall be punished by a fine not exceed- ing $10 for each offense, and in default of payment of such fine by imprisonment not exceeding 10 days. It shall be the duty of the President of the Borough or Park •Commissioner, as the case may be, when issuing permits to builders and others to use the streets, to insert in said permits a provision -requiring compliance with this ordinance. 12. Prohibiting the Throwing of Fruit Skins. Etc., on Walks. Sec. 271. Any person who shall cast, throw or deposit on any ORDINANCES OF THE CITY OF NEW YORK. 55 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 substances, which, when stepped upoi 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 $1 nor more than $5. or in default of such fine, by imprisonment: not less than one day nor more than ten days, at the discretion of the Court. Sec. 272. The proprietor of ever3 r 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 there- on, in some conspicuous place, constantly, a copy of this ordinance printed in large type, so that persons purchasing any such fruit, vegetable or other substances 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 mis- demeanor, and on conviction thereof shall be punished by a fine of $5 for such neglect, or in default of payment thereof, by imprisonment not to exceed ten days, at the discretion of the Court. The Com- missioners of Police are hereby required to enforce rigidly the pro- visions of this ordinance. 13. Use of Tan-Bark on Streets. Sec. 273. The Mayor or any Alderman, the Department of Health, the Commissioner of Police, the Inspector or Police Captain assigned to the precinct in which said premises are situated, upon application,, shall grant permission to lay tan-bark in the carriage-way in front of any premises occupied by any sick or convalescent person or per- sons, 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 Commissioner of Street Cleaning within five days after the recovery or death of such sick or convalescent person, and upon failure or neglect to comply with such order, then it shall be removed by the said Commissioner of Street Cleaning, who shall, if necessary, sue for and recover the cost of such removal in the manner now provided for the collection of fines in violation of the ordinances of the City. Article 11 — Surveyors. Sec. 274. There shall be so many Surveyors appointed for this City as the Board of Aldermen shall from time to time think proper. Sec. 275. The City Surveyors so to be appointed, before they re- 5* ORDINANCES OF THE CITY OF NEW YORK. spectively enter upon the execution of said office, shall take an oath well and truly to execute the same. Sec. 276. Whenever in the proper administration of the duties of Tiis 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 pro- ceedings, laying out and surveying 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. Sec. 277. The Cit\- Surveyors employed by an}' Borough Pre.-" ident shall receive compensation therefor as follows, nor shall any Sur- veyor'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, 3 cents per linear foot measuring through the centre of the street, avenue or road, and for each additional line of levels. 1 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, 5 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, 8 cents per linear foot, measuring through the centre of street or avenue. For grading and setting curb and gutter and flagging or paving, ■when done under the same contract. 11 cents per linear foot, meas- uring through the centre of street or avenue. For flagging, when done alone, 3 cents per linear foot along the line of the work done. For setting curb and gutter and flagging or paving, when done xmder the same contract, but not in connection with the grading. 9 cents per linear foot, measuring through the centre of the street or avenue. For setting curb and gutter alone, 3 cents per linear foot along the line of the work done. For setting stakes, making final survey, etc., in the tilling of sunken lots. $1.50 per lot of 2.500 square feet. For fencing, including preliminary survey. 3 cents per linear foot. For making a country road, 10 cents per linear foot, measuring through the centre of the road. For establishing a new grade line, 1 cent per linear foot, meas- uring along the line. For making the necessary surveys and furnishing all necessary copies of damage maps in street opening proceedings, 3 cents per ORDINANCES OF THE CITY OF NEW YORK 57 foot, measuring along the extension 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 openings or other improvements, 3 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 Presidents 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 them. Sec. 278. In all cases of street improvements, when the same is required, a projection or profile and such drawings and calculations shall be furnished to the said Borough President as may be required by him, without extra compensation. 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. lie shall receive payment for all services on the completion of the work and its acceptance by the Borough President. Sec. 279. The amount paid for any of the services mentioned above, whenever the same shall have been rendered in relation to any improvement or work for which an assessment may afterward be made, shall be included in such assessment. Sec. 280. A surveyor shall be entitled to receive $10 for every certificate for payment to a contractor on any 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 cer- tified to be done. CHAPTER 6— THE DEPARTMENT OF WATER SUPPLY. GAS A X D ELECTRICITY. Article 1 — The Water Register. Sec. 281. The Water Register shall on each day, except Sunday, 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. 58 ORDINANCES OF THE CITY OF NEW YORK. Article 2 — Water Rents, Sec. 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 5 00 6 00 7 00 8 00 9 00 18 to 20 feet 6 00 7 00 8 00 9 00 10 00 20 to 22]/ 2 feet 7 00 8 00 9 00 10 00 11 00 22^2 to 25 feet 8 00 9 00 10 00 11 00 12 00 25 to 30 feet 10 00 11 00 12 00 13 00 14 00 30 to Z7 l A feet 12 00 , 13 00 14 00 15 00 16 00 37V2 to 50 feet 14 00 15 00 16 00 17 00 18 00 The apportionment of the regular frontage rates upon dwelling bouses is on the basis that but one family is to occupy the same and for each additional family $1 per year shall be charged. Building Purposes — 10 cents per 1,000 brick. All masonry at the same rate, 500 brick being equal to 1 cubic yard. Plastering — 40 cents per 100 square yards, openings not included. Baths — All baths, $3 per annum. Water closets and urinals of every description, $2 per annum. One water closet and one bath in' each house supplied free of ■charge. Steam lighters and tug boats, H. P., per year $90 00 Steam lighters and tug boats, 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 Rates. Water meters shall be placed, at the discretion of the Commis- sioner 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 meas- ured by meter to be 10 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. Sec. 283. All rents for the use of 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 ORDINANCES OF THE CITY OF NEW YORK 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 foi the supply of water shall be binding for a longer period than until the second succeeding first of May after such contract is entered into. Sec. 284. The supply of water shall be cut off in all cases where the rent is behind and unpaid ten days. Article 3 — The Croton Aqueduct. Sec. 285. Xo new works connected with the Croton Aqueduct shall be constructed, nor shall any mains or pipes be constructed or laid down, except with 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 with the aqueduct, the Chief Engineer of the Department of Water Supply. Gas and Elec- tricity, under 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. Sec. 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, sub- stance or thing whatever into the reservoirs or into the water or gate-houses, or into the ventilators, or aqueduct or fountain basins, or shall in any manner injure or disfigure any part of the Croton aqueduct works, he shall be subject to a fine not to exceed $50, 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 period not to exceed thirty days, unless such fine is sooner paid. Sec. 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 regula- tions of the Commissioner of Water Supply. Gas and Electricity, unscrew or open any hydrant belonging to bankment of said reser- voirs, on the grounds or buildings attached to said reservoirs, such person shall be subject to a fine of $25, to be levied and collected in the manner prescribed in the last section; and in default of pay- ment, imprisonment as in like manner, not .to exceed twenty days, in the City Prison. Sec. 288. Xo person or persons, except the Mayor and Aldermen 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, Gas and Electricity, unscrew or open any hydrant belonging to or attached to the Croton aqueduct <5o ORDINANCES OF THE CITY OF NEW YORK. works, erected for the extinguishment of fires; nor shall leave said fire hydrant open for a longer time than shall be limited in said permission; nor shall use the water for other purposes than may be mentioned in said permission, under the penalty of not less than $5 nor more than $25 for each offense, in the discretion of the Magistrate before whom the complaint shall be made. Article 4 — Use of Water. Sec. 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 conduit pipes, or pay such annual interest thereon as required by the rules and regulations of the Commissioner of Water Supply, Gas 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 $50 for each offense. Sec. 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, barge or pile-driver, or for the purpose of selling or offering the same for sale to the owner of any boat, vessel, barge or pile-driver, without first having obtained permission in writing from the said Commissioner, under penalty of $25 for each offense, to be recovered against such person or persons or such owner or owners «if any such boat, vessel, barge or pile-driver in an action to be pros- ecuted by the Corporation Counsel. Sec. 291. No person other than an employee of the Department •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 >treet sprinkler, sweeper or cleaner, or other person or persons not connected with either the Department of Public Works 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 $25, and in default of payment thereof shall be punished by imprisonment not exceeding ten days. Sec. 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. Sec. 293. The Commissioner of Water Supply, Gas and Electricity 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. ORDINANCES OF THE CITY OF NEW YORK. 6t Sec. 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 $5 for each offense. Sec. 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 $50 for each offense, with an additional sum of $25 for each day the same shall be continued after notice of removal shall have been served. Sec. 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 impris- onment, as in the said section prescribed. Article 5 — Lamps. Sec. 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 $10 for each offense. Sec. 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-post so removed to be reset at their own expense immediately upon the completion of the vault, under the penalty of $25 for each offense. Sec. 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 18 inches in diameter, if circular in form, and if upon a square base, no side thereof shall exceed 18 inches. CHAPTER 7. Title 1 — Bureau of Licenses. Sec. 300. There shall be a Bureau of Licenses in and for The City of New York attached to the Mayor's office, with the principal 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 Aldermen or now in force in any part of said City. 6-> ORDINANCES OF THE CITY OF NEW YORK. Sec. 301. The Bureau of Licenses shall consist of a Chief of -.iid 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 Mayor of said City, and paid such compensation as shall be fixed by said Mayor. Sec. 302. All licenses issued by the Bureau of Licenses shall be according to an established form, printed with corresponding stub and regularly numbered, with suitable blank spaces for writing in the name and residence of the licensee, kind and class of license, location and privileges allowed, and the 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. Sec. 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. Sec. 304. There shall be kept in the principal office of said Bureau and each and every office thereof a book recording consec- utively eacli license as issued, showing its kind and class, whether new or renewed, name of license, regular 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. Title 2 — The Granting and Regulating of Licenses. Article 1 — Business Requiring a License. Sec. 305. The following businesses must be duly licensed as herein provided, namely: Public cartmen, truckmen, hackmen, cab- men, expressmen, junk dealers, dealers in second-hand articles, hawk- ers, peddlers, venders, ticket speculators, coal scalpers, common shows, shooting galleries, bowling alleys, billiard tables, dirt carts, A exterior hoists and stands within stoop lines and under the stairs of elevated railroad stations. Sec. 306. Xo person shall engage in or carry on any such business without a license therefor under a penalty of not less than $2 nor more than $25 for each offense, and for the purposes of this ordinance the term person shall include any human being or lawful association of such. ORDINANCES OF THE CITY OF NEW YORK. 63 Article 2 — Licenses and License Fees. Sec. 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 ordinance. The Mayor shall also have power to impose a fine of not more than $5 or less' than $1 for any violation of the regulations 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. Sec. 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 l^or each special hack cab 3 00 For each express wagon.. 5 00 For each junk shop or dealer 20 00 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 ailey 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 1 00 For each fruit or soda water stand, or both 10 00 For each newspaper or periodical stand, or both, and in addition also fruit or soda water stand, 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 Sec. 309. Any license, before its expiration or within thirty days < iRDINANCES OF THE CITY OF NEW YORK. 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 busi- ness enumerated above may be renewed under the foregoing pro- visions regulating renewals of licenses hereunder issued. Article 3 — Special Regulations and Rates. 1. Public Carts and Carriers. Sec. 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, household furniture or, other bulky articles within The City of New York for pay, shall be deemed a public cart, and the owner thereof shall be deemed a public cartman. Sec. 311. Ever}- 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. Sec. 312. The amount to be charged for loading, transporting or transmitting and unloading, may be agreed upon in advance, and such a contract shall regulate and control the employment. Sec. 313. The legal rates lor moving household furniture, unless otherwise mutually agreed, shall be as follows: For a single truck load, within two miles $2 00 For every additional mile or part thereof : 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 50 For loading, unloading and housing to ground floor 50 For each flight of stairs, up or down 50 Sec. 314. Every public cartman shall be entitled to be paid the legal rate of compensation herein provided immediately after the transportation and before actual delivery, and in default of such pay- ment 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 warehouse, where the same may be left on storage, subject to all charges incurred, including cartage to place of deposit. A notice, in writing, with a brief state- ment of particulars, shall be sent at once by the cartman to the Bureau of Licenses. 2. Drivers of Licensed Vehicles. Sec. 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 a license shall be indorsed, ORDINANCES OF THE CITY OF NEW YORK. 65 in writing, by two reputable citizens of The City of New York, certifying to the competence of the applicant. 3. Public Hacks and Hackraen. Sec. 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 persons inside shall be deemed a coach, and the term hackmen shall be deemed to include owner or driver, or both. Sec. 317. None but licensed hacks shall use the designated public hack stands in the City. The owner of any hack not intended to use the public stands and having the written consent of the owner or lessee of the premises, in the discretion 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. Sec. 318. No hackney coach, carriage or cab, which shall be specially licensed by virtue of the provisions of this ordinance shall make use or come upon any stand, that is now or may be hereafter designated as a hackney coach stand, or at any 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, car- riages or cabs are to be permitted and allowed by the authority of the Mayor, as aforesaid, provided the owner or driver of any such coach, carriage or cab shall not solicit or take any passenger or passengers on the streets, but shall confine themselves to and for the use of the guests of said hotel or hotels. Sec. 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 for general driving: Cabs— For one mile or any part thereof $ 50 For each additional half mile or part thereof 25 For any stop over five minutes in a trip, for ever}-' fifteen minutes or fraction thereof 25 Coaches — For one mile or any part thereof 1 00 For each additional half mile or part thereof 50 For any stop over five minutes in a trip, for every fifteen minutes or fraction thereof 40 Hourly Rates — These hourly rates, except by special agreement, 66 ORDINANCES OF THE CITY OF NEW YORK. are to apply only to shopping and 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 $i oo For each additional half hour or part thereof 50 Coaches — For one hour or any part thereof J 1 50 For each additional half hour or any part thereof 75 For driving around Central Park the charge shall be $3. where the starting point is between Twenty-third 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 50 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 $4; if the starting point is below Twenty-third street or north of One Hundred and Thirty-fifth street, an additional charge of 50 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. Sec. 320. Ferriage and bridge tolls in all cases to be paid by the parties using the vehicles. , - Sec. 321. Twenty blocks north and south to constitute a mile; seven blocks between the numbered and lettered avenues will be deemed a mile as from Avenue B to Sixth avenue or from Second avenue to Ninth avemie. Sec. 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 of not less than two inches in width, out of which the official number of the license 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 outside, any number except the official number as aforesaid. Sec. 323. Every licensed hackman, immediately after the termina- tion 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 near- ORDINANCES OF THE CITY OE NEW YORK 67 est police station and deposited with the officer in charge within twenty-four hours after the rinding thereof, and in addition to a writ- ten notice, with brief particulars and description of the property, must be forwarded at once to the Bureau of Licenses. Sec. 324. Every licensed haekman shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid, but no licensed haekman shall otherwise refuse or neglect to convey any orderly person or persons upon request any- where in the City unless previously engaged or unable to do so. No licensed haekman shall carry any other person than the passenger first employing a hack without the consent of said passenger. Sec. 325. All vehicles for hire shajl be licensed, and the owner thereof shall pay the sum of $2 with his original application as the license fee for each and every vehicle so kept for hire, and $1 for each vehicle for annual renewals. Sec. 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 offi- cer in charge of the police station nearest to the place where such dispute is had, and, except in the case of a freeholder or householder in the City of Xew York, failure to comply with such determination shall subject the offending party to a charge of disorderly conduct, punishable by a hue of not exceeding $10, or in default thereof impris- onment for not more than ten days. 4. Public Hack Stands. Sec. 327. Any duly licensed hackney coach or cab shall stand while waiting for employment at any of the following places and for the periods of time hereafter provided: Stand No. I — 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 Xo. 5 — In Broad street, from Stock Exchange to Beaver street; one line centre of street. Stand Xo. 6 — At Fulton Ferry, along the Market side, south and east. Stand Xo. 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 Xo. 8 — In Canal street, west of Washington street. Stand Xo. 9 — In Chatham square. Stand No. 10 — North, west and south sides of Union square. Stand Xo. 11 — North. .west and south sides of Madison square. 68 ORDINANCES OF THE CITY OF NEW YORK. 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 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 side of Forty-second streets, from Fifth avenue to Sixth avenue. Stand No. 16 — On Forty-ninth street, north side of Fifth avenue to a point 100 feet from Eighth avenue. Stand No. 17 — At all ferries. Stand No. 18 — At all passenger steamboat landings, fifteen min- utes before the usual time of arrival of such passenger steamboats. Stand No. 19 — At all theatres and other places of public amuse- ment 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 Dep( t 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 5 p. m. until sunrise. Stand No. 22 — On all street corners, from 10 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 s ; de 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 Fordham station of the New York and Harlem Railroad, extending southerly about 100 feet from the southerly intersection 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 and Seventy- second to Seventy-third street, on west side of avenue. ORDINANCES OF THE CITY OF NEW YORK. 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 Broad- way, west side. Stand No. 34 — Sixty-sixth street, between Broadway and Colum- bus avenue, south side. Stand No. 35 — Sixty-fifth to Sixty-sixth street, on Broadway, east side; Amsterdam avenue, Seventy-second to Seventy-third street, on west side. Stand No. 36 — South side of Seventy-third third, between Broad- way and Amsterdam avenue. Stand No. 37 — From Seventy-ninth to Eighty-first street, on Col- umbus avenue, east side. Stand No. 38 — On Eighty-first street, from Columbus avenue 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. Sec. 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. Sec. 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 Flush- ing, 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. " . • Sec. 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 confes- sion of the party or by competent testimony, may be fined or such offense any sum not more than $10, or be subject to the suspension or revocation of his license in the discretion of the Chief of the Bu- reau of Licenses, or Deputy Chief either upon confession of the party 70 ORDINANCES OF THE CITY OF NEW YORK. or by competent testimony, may be fined for such offense any sum not more than $10. or be subject to the suspension of revocation of his license in the discretion of the Chief of the Bureau of Licenses, or Deputy Chief, with the approval of the Mayor. Article 4a — Public Porters. Sec. 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, boarding-house, ferry, steamboat landing, railroad station or depot, and solicit of strangers, travelers, citizens, or other persons, or accept the conveyance of bag- gage 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 pushcart 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 an a badge worn on the front of his hat or cap, so as to be easily and distinctly seen. Sec. 329b. All licenses to public porters, granted as aforesaid, 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. Sec. 329c. Every person receiving a license to be a public porter as aforesaid, shall pay to the Mayor, for the use of the City, $1; and the further sum of 25 cents upon the renewal of every such license. Sec. 329d. Every- public porter shall wear, in a conspicuous place about his person, so as to be easily seen, a brass plate or badge, 011 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 pot ter shall permit any- other person to wear his badge or use his name in any way whatever in the transportation or conveyance of anything. Sec. 329c Public porters shall be entitled to charge and receive, for the carrying or conveyance of any article any distance within half a mile. 25 cents if carried by hand, and 50 cents if carried on a wheel barrow or handcart; 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. Sec. 329L Xo public porter or handcartman shall be entitled to recover or receive any pay or fare from any person for the transporta- tion of any article or articles unless his name and number of license ORDINANCES OF THE CITY OF NEW YORK. i and the rates shall be fixed, and the badge worn, agreeably to this article. Sec. 32Qg. Upon the trial of any cause commenced for the re- covery of any of the aforesaid prices or rates, it shall be incumbent on the plaintiff 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 rendered for which the suit was brought. Sec. 329I1. No public porter or handcartman shall neglect or re- fuse to transport any article or articles when required so to do. unless he shall then be actually and otherwise employed, or unless the dis- tance he shall be required to go shall be more than two miles, under the penalty of $5 for each offense. Sec. 329L No public porter or handcartman shall suffer or per- mit any other person than himself to carry any article or articles in his wheel or hand barrow, or handcart, or to wear his badge, under the penalty of $5 for every such offense. Sec. 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. Sec. 329k. It shall not be lawful for any person to represent him- self 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, ves- sel, steamboat or railroad- company, to solicit, receive or convey per- sons, baggage, or other things to or from any such hotel, boarding- house, vessel, steamboat or railroad company's station or depot, with- out being actually, and duly authorized by such keeper, proprietor, officer or agent so to do, under the penalty of $25 for every offense. 5. Expresses and Expressmen. Sec. 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 shall be deemed a public expressman, and the term expressman shall be deemed to include any common car- rier of baggage, packages, parcels or other articles within or through The City of New York. Sec. 331. Every public express shall show on each outside there- of the word "Express," or the letters "Exp.," together with the fig- ures of its official number. Sec. 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 License, conditioned for the safe and prompt deliv- 2 ORDINANCES OF THE CITY OF NEW YORK. ery of all baggage, packages, parcels and other articles or things en- trusted to the owner or driver of any such licensed express. Sec. 333. The legal rates for regular deliveries, unless otherwise mutually agreed, shall be as follows in the City: Between points within any borough — Not more than 5 miles apart, each piece $0 40 Not more than 10 miles apart, each piece 55 Not more than 15 miles apart, each piece 75 Between points in different boroughs: One-harf the above rates in addition. Special deliveries at rates to be mutually agreed upon. 6. Junk Dealers. Sec. 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. Sec. 335. Every junk dealer 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 written authority to such dealer. Sec. 336. No junk dealer shall carry on business at any other place than the one designated in the license therefor, or shall con- tinue to carry on business after such license is suspended or revoked or expired. Sec. 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 setting of the sun and the hour of 7 o'clock in the morning. Sec. 338. If any goods, article or thing whatsoever shall be ad- vertised 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 descrip- tion advertised, or any part or portion 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 ORDINANCES OF THE CITY OF NEW YORK. 73 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 of Magis- trate 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. Sec. 339. No junk dealer while licensed as such shall be licensed as pawnbroker or deal in second-hand articles in The City of New York. Sec. 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 bot- tles, 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. 7. Dealers in Second-Hand Articles. Sec. 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 Mu- nicipal ordinances. Sec. 342. Every dealer in second-hand articles shall kt*ep a book in which shall be legibly written, at the time of every purchase, a de- scription 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 authori- ties, and who shall exhibit such written authority to such dealer. Sec. 343. No dealer in second-hand articles shall carry on busi- ness 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. Sec. 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 whatsoever, between the setting of the sun and the hour of 7 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 74 ORDINANCES OF THE CITY OF NEW YORK. by any dealer in second-hand articles until the expiration of one month after such purchase; and no such dealer shall receive any arti- cle by way of pledge or pawn. Sec. 345. If any goods, article or thing whatsoever shall be ad- vertised in any newspaper printed in The City of New York as haying been lost or stolen, and if the same, or any answering to the descrip- tion advertised, or any part or portion thereof, shall be or come in the possession of any dealer in second-hand articles, such dealer shall give information thereof, in writing, to the Chief of Police, and state from whom the same was received, 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 ex- hibit the same, on demand, to the Mayor, Chief of the Bureau of Li- censes, 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. Sec. 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. 8. Peddlers. Sec. 347. Any person hawking, peddling, vending or selling mer- chandise 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. Sec. 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 wag- on ma}' employ two persons and no more to assist in selling and deliv- ering the wares, but such persons shall so act only while accompany- ing 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 ordi- nance. Any .such person may make 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. 9. Ticket Speculators. Sec. 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 ORDINANCES OF THE CITY'OF NEW YORK admission be sold on the sidewalk in front of the entrance to any- place of amusement. Sec. 350. No ticket speculator shall deceive any purchaser by mis- stating or misrepresenting what is secured to the purchaser by the ticket sold, under a penalty of not less than $2 nor more than $25 for each offense. 10. Coal Scalpers. Sec. 351. Any person who shall sell, peddle or vend any order or permit in relation to the freighting of coal by canal boat within The City of New York, or offer so to do, 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 com- pliance with Municipal ordinances. 11. Common Shows. Sec. 352. A common show shall be deemed to include a carousal, Ferris wheel, gravity steeplechase chute, scenic cave, bicycle carous- al, 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. 12. Shooting Galleries. Sec. 353. Any shooting gallery 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 shooting gallery shall maintain good order and allow no person under sixteen years of age to shoot therein. 13. Bowling Alleys. Sec. 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 alky shall maintain good order and allow no person under sixteen years of age to bowl therein. 14. Billiard Tables. Sec. 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. 76 ORDINANCES OF THE CITY OF N*EW YORK. 15. Dirt Carts and Cartmen. Sec. 356. Every vehicle of whatever description, excepting such as shall have painted thereon, on each side, the name and address of the owner thereof in plain letters and figures of at least three inches in length, used in carting or transporting dirt, sand, gravel, clay, pav- ing stones, ashes, garbage or building rubbish within The City of New York shall be deemed a dirt cart. Every vehicle of whatever description, whether or not described as a dirt cart, shall be furnished with a good and tight box. whereof the sides, forepart and tailboard shall be at least 18 inches high, and of sufficient capacity to contain not less than 12 cubic feet, and shall be securely covered when loaded, so as to prevent the contents from being scattered upon the streets. Sec. 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. 16. Exterior Hoists. Sec. 358. No person shall hoist anything whatsoever on the out- side of a building from the street into any loft or lower anything on the outside thereof by any means without a license or permit there- for, 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. Sec. 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. Sec. 360. It shall be the duty of any person, while engaged in such hoisting 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 6 inches long. Article 4 — Stands Within the Stoop Lines and Under Elevated Rail- road Stations. Sec. 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 within the stoop lines of any building or under the stairs of the elevated railroad stations in The City of New York without first procuring a license therefor, as hereinafter provided; and any person so doing shall be deemed guilty of n mis- demeanor; and upon conviction before any Magistrate shall be fined by said Magistrate not less than $2 or more than $10 for each of- fense, 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 10 days. ORDINANCES OF THE CITY OF NEW YORK. 77 Sec. 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 there- of, 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 as a citizen of the United States or one who has reg- ularly declared intention to become such citizen, and the time to ob- tain such full citizenship has not yet elapsed. Sec. 363. Stands within stoop lines may be permitted and li- censed, with the consent of the owner of the premises and the con- sent 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 speci- fied in the schedule following: Stands for the sale of newspapers, periodicals, or both, $5; stands for the sale of fruits or soda water, or both, $10; stands for the sale of newspapers, periodicals, or both, and in addition also fruits or soda water, or both, $15; bootblack stands, each chair, $5. Sec. 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 6 feet long by 4 feet wide, except that in the case of bootblack stands a space of not more than 3 feet wide and 4 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 di- rection of the President of the Borough in which said stand is lo- cated. 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, how- ever, that the application for such transfer shall be accompanied by the written revocation of the owner's consent previously given there- for, by the consent of the owner of the premises to which the pro- posed transfer is to be made and by the consent of the Alderman of the district in which said premises are located. Sec. 365. Any person desiring to erect a stand or booth under- neath 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 district in which said stand or booth is located, in which the ap- plicant shall specify the location desired for such stand, and no such 78 ORDINANCES. OF THE CITY OK NEW YORK. stand or booth or any projection therefrom shall be erected which is wider 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 7 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 Borough 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 a ready removal of so much there- of as may be necessary to enable the said company, its agents or em- ployees, to get convenient access to any part of the said stairways tor the inspection, painting or repairing thereof, and shall be painted the same color as the stairs of the elevated railroad, and no adver- tisement shall be painted or displayed thereon. Sec. 366. Every license granted pursuant to the foregoing sec- tion shall contain the following reservation: "It is expressly 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 in- spect, paint, repair, renew, reconstruct or remove 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." Sec. 367. The licensee shall pay for such a stand or booth under- neath the stairs of the elevated railroad stations the annual license fee of $10. Sec. 368. The official license for any stand or booth must be displayed thereon, so as to be easily visible at all times. Sec. 369. In the event of a refusal by any Alderman of the con- sent required by the foregoing sections 363, 364 and 365, the appli- cant for license or transfer may present his application to the Board of Local Improvements of the district in which the proposed stand is to be located, and by vote of a majority of the members elected, the consent of the said Board may be substituted for that of the Al- derman. In case an Alderman fails to give his consent as aforesaid within 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. Sec. 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 $2 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 line. All such tines when collected shall be paid into the Sinking Fund for the Re- demption of the City Debt. ORDINANCES OF THE CITY OF NEW YORK. 70 Sec. 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 un- expired licenses and permits, such list to contain the names of tin- persons to whom licenses were issued, the place , and business for which issued, and the date of expiration 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 af- fecting 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. Sec. 372. Upon a written revocation by the owner or owners in front of or adjoining whose property any such booth or stand shall have been erected, of any consent which shall have been given there- for, 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 per- mit for such booth or stand and the same shall thereupon cease, de- termine and become nujl and void. Title 3 — General Regulations and Complaints. Sec. 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 Sink- ing Fund for the Redemption of the City Debt. Sec. 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 with; 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 inspections shall be regularly reported to the Bureau of Licenses. Sec. 375. Every license shall have the official license and ex- hibit the same upon the demand of any person; and shall report with- in 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. Sec. 376. All words, letters and numbers hereinbefore prescribed for licensed vehicles shall be shown permanently and conspicuously on each outside thereof in colors contrasting strongly with back- ground, and not less than 2 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; 8o ORDINANCES OF THE CITY OF NEW YORK. and shall be obliterated or erased upon change of ownership or ex- piration 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. Sec. 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, hav- ing engraved or embossed thereon the official designation and num- ber of the license, together with the words "New York City." Sec. 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 $5 or less than $1 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 collected, shall be paid into the Sinking Fund for the Redemption of the City Debt. Title 4 — Violations. Sec. 379. Except as hereinbefore or otherwise provided, no person shall violate any of the regulations of this ordinance under a penalty of not less than $2 or more than $10 for each offense. No such viola- tion shall be continued under a penalty of $1 for each day so con- tinued. Any person engaging in or carrying on any business herein regulated without a license therefor, or any person violating any of the regulations of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof by any Magistrate, either upon confession of the party or competent testimony, may be fined not more than two dollars ($2) for each offense, and in default of pay- ment of such fine may be committed to prison by such Magistrate until the same be paid; but such imprisonment shall not exceed ten days. CHAPTER 8— WEIGHTS AND MEASURES. Sec. 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 his pleasure. ORDINANCES OF THE CITY OF NEW YORK. 81 Sec. 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 hereafter occur shall be filled by appointment by the Mayor. Sec. 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 faithful performance of the duties of his office. Sec. 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 purchased 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. Sec. 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 in- strument not sealed and marked as herein required, shall forfeit and pay the sum of $50 for each and every offense. Sec. 385. All weights, measures, scale beams, patent balances, steelyards and other instruments for weighing, to be 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 Y'ork, 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 designated in such request. Sec. 386. If any person shall use, in The City of New York, in weighing or measuring, as aforesaid, any weight, measure, scale beam, patent balance, steelyard or other instrument, which shall not con- form to such standard, or shall use in weighing aforesaid, any scale beam, patent balance, steelyard 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 offense the sum of $25. Sec. 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 instruments have been inspected, together with the number and size of same, and what of each was approved and what condemned, with the date of inspection, and such 82 ORDINANCES OF THE CIT.V OF NEW YORK record shall be open to the inspection of the public at all reasonable times. Sec. 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, baskets 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 else- where 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 pur- chase shall so desire and request, poultry shall be weighed as here- inbefore provided. Sec. 389. Any weights or scales found by the Deputy Inspector in use in any market or in the public streets, which upon being tested are found to be short in weight by one-quarter of a pound or upwards, may be summarily confiscated and destroyed. Sec. 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, show- ing the weight of the fuel proposed to be delivered, the weight of the wagon or conveyance used in such delivery, the total weight of fuel and conveyance and the name of the purchaser. Sec. 391. No person in charge, of a wagon or conveyance used in delivering coal, coke or other fuel, to whom the certificate men- tioned 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 cither of them, or to the purchaser or intending purchaser of the fuel being delivered: and when the said officer or person so designated, or the intending purchaser, shall demand that the weight shown by the certificate be verified, it shall be the duty of the person delivering such fuel to convey the same forthwith to some public scale in the district, or to any private scale, the owner whereof shall consent to such use, and permit 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. Sec. 392. It shall be the duty of the Deputy Inspectors of Weights and Measures, and each of them is hereby authorized, to inspect, ex- amine, test and seal, at least once in each year, and as much oftener as the Inspector of Weights and Measures may deem proper, the ORDINANCES OF THE CITY OF NEW YORK. weights, measures, scale beams, patent balances, steelyards and other instruments used in The City of New York in weighing and measuring as aforesaid. Sec. 303. Xo person shall refuse to exhibit any weights, tneas ures, 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 $25 for every such offense. Sec. 394. No person shall in any way or manner obstruct, hinder or molest any Inspector of Weights and Measures in the performance of his duties as hereby imposed upon him. under a penalty upon every such person of $25 for every such offense. Sec. 395. All weights, scale beams, patent balances, steelyards and other instruments used for weighing shall be inspected and sealed at the stores and places where the same may be used; but in ca>e they or any oj 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 to the standard of the State, under the penalty of $10 for such neglect. Sec. 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 instru- ments 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. Sec. 397. It shall be the duty of the Deputy Inspectors 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. Sec. 398. It shall also be the duty of said Deputy Inspectors to file monthly reports \yjth 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. Sec. 399. It shall be the duty of the Inspector of Weights and Measures to report forthwith to the Corporation Counsel 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. Sec. 400. It shall not be lawful for the said Inspector or Deputy Inspcctors to vend any weights, scale beams, patent balances, steel- yards or other instruments to be used for weighing or measuring, or to offer or expose the same for sale in The City of Xew York, under the penalty of $50 for every such offense. 84 ORDINANCES OF THE CITY OF NEW YORK. Sec. 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. These 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 au- thorized, when required, to certify extracts from these records. Sec. 402. All complaints against 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. Sec. 403. The Deputy Inspectors 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 first 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. CHAPTER 9— CLEANING STREETS AXD SIDEWALKS. Sec. 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 8 o'clock or before the first sweeping of the roadway by the Department of Street Clean- ing 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 a misdemeanor, and shall be punished by a fine of not less than $1 nor more than $10, or by impris- onment for a term of not less than one nor more than five days. Sec. 405. No persons other than an authorized employee or agent of the Department of Street Cleaning, or the Bureau of Street Clean- ing 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. Sec. 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 Elec- tricity for the purchase and sale of the water necessary therefor, and ORDINANCES OF THE CITY OF XKW YORK. 8s 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 by the Superintendent of Highways. Water shall be furnished for the purpose free of charge by The City of New York. Sec. 407. No one being the owner, driver, manager or conductor 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. oats, sawdusts 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. Sec. 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- Sec. 409. Every owner, 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. th< time between 9 p. m. and 7 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 Commissioner of Street Cleaning, or by the Borough President of Queens or Richmond, or suoject to the regulations of said Com- missioner of Street Cleaning or of said Borough President 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 com- plied 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 continue such removal and shall com- plete it within a reasonable time. Sec. 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- 86 ORDINANCES OK THE CITY OF NEW YORK owner, lessee, tenant, occupant or other person having charge of any building or lot of ground as aforesaid, shall, within the tim.e specified in the last preceding 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. Sec. 411. An>- 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 con- veyed for the purpose of dumping, any snow, ice or water in a vacant lot 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. Sec. 41 2. 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 3 feet outside of such rails, under a penalty of $10 for each offense. Sec. 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 dissolving 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, cross- ings or switches of railroad tracks any salt, saltpetre or other sub- stances for the purpose of dissolving snow or ice, unless permission therefor be first obtained from the respective Borough Presidents. Sec. 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 provisions of any ordinance of the City for the re- moval 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 ascertained and certified by the said Commis- sioner of Street Cleaning or by the President of Queens or Richmond, to the Comptroller of the City, and the Board of Estimate and Appor- tionment may authorize such additional expenditures as may be re- quired for the said removal of such ice and snow, dirt or other material. ORDINANCES OK THE CITY OF NEW YORK. 87 to be repaid to the fund from which the payments were made, or instead, in the Boroughs of Queens or Richmond to the special furi(f Restoring and Repaying in said boroughs if the Presidents of these boroughs 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 Presidents of Queens or Richmond shall, as soon as possible, after the work is done, certify to the Corporation Counsel the amount of expense chargeable against each piece of property. The Corporation Counsel is hereby directed and authorized to sue for and recover the amount of this expense, together with three (3) dollars penalty for each offense, and when so recovered tin- amount shall be turned over to the City Chamberlain to be deposited to the credit of the General Fund of the City of New York for the redemption of taxation. Sec. 415. It shall be the duty of the Commissioner of Street Cleaning and the Borough Presidents of Queens and Richmond, imme- diately 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. Sec. 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 Commis- sioner 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 corporation shall fail to so remove and dispose of tin- 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 agree- ments for the entire winter season, or part thereof, with any stret r 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, providing that nothing in said agreements shal^ be inconsistent with any law of the State of New York or with any right of The City of New York. Sec. 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, ORDINANCES OF THE CITY OF NEW YORK. sweeping machine or other similar instrument to pass over the tracks or lines used by them within the limits of the City unless by written permit of the Commissioner of Street Cleaning or the Borough Pres- ident of Queens or Richmond; any violation of this section shall be punished by a fine not exceeding $100 for each offense. No such permit or renewal thereof shall be granted except upon the condition and agreement upon the part of the company 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 side- walks or buildings, under a penalty of $10 for every house or side- walk in front thereof upon which the slush or snow shall be thrown. No such permit or renewal shall be granted 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 instru- ment, 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 Boruogh 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 credited to the appropriation for street cleaning, in the respective boroughs, for the removal of snow and ice; but nothing "herein contained shall be deemed to prohibit said Commissioner or Borough President from demanding, before issuing said permit, and as .a condition thereof, the deposit of such a 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 forthwith 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 omitting to perform its agreement, and shall be recoverable at 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 and Richmond, .as the case may be. to supply the deficiency occasioned by such addi- tional expenditure. ORDIXAXCES OF THE CITY OF NEW YORK 89 Sec. 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 $1 and not exceeding $3. except as herein otherwise provided; and in default of payment of such fine may be committed to prison by such magis- trate until the same be paid, but such imprisonment shall not exceed one day. CHAPTER 10— SALE, USE AXD TRANSPORTATION OF EXPLOSIVES. Sec. 419. Within thirty (30) days after the passage of this ordi- nance 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 by the Mayor, and one of the four (4) must be appointed from a list of ten to be submitted by the New York Section of the American Chemical, Society. The said Commission shall hold office during the pleasure of the Mayor. Sec. 420. It shall be the duty of the said Commission to formu- late 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 regula- tions 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. Sec. 421. Said Commission, hereby established, shall meet at the call of the Fire Commissioner for the consideration of all matters pertaining to this ordinance, and each member thereof shall receive a fee of ten dollars ($10) for his attendance at each meeting. A majority of such Commission shall constitute a quorum for the purpose of doing business. Sec. 422. No person, firm or corporation shall have, keep, sell, use, give away or transport any gunpgwder. blasting powder, gun cotton, dynamite, nitro-glycerine or any substance or compound or mixture or article having properties of such a character that alone or in combination or contiguity with other substances or compounds it may decompose suddenly and generate sufficient heat or gas or pressure, or all of them, to produce rapid flaming combustion, or administer a destructive blow to surrounding persons or things, within the corporate limits of The City of New York, excepting in the man- ner and upon the conditions herein provided, and under license issued 90 ORDINANCES OF THE CITY OF NEW YORK. by the Fire Commissioner tinder such regulations as the Municipal Explosives Commission shall prescribe. The said Fire Commissioner shall have power to revoke the license or licenses in case, in his judg- ment, there is an infraction of the provisions of this ordinance or of the regulations of the Municipal Explosives Commission. Sec. 423. No licensee shall employ any one in the use or care of explosives as are used in blasting operations unless such person shall hold a certificate of fitness issued to him by the Fire Commissioner under the regulations established by the Municipal Explosives Com- mission. Sec. 424. No gunpowder, blasting powder, dynamite, guncotton, nitro-glycerine or such other explosives as may be hereafter designated for prohibition under this ordinance by the Municipal Explosives Commission shall be manufactured in the said City. 1 Sec. 425. No holder of a license hereunder can avail himself of any of the privileges of the same until he shall have filed a bond with the said Commissioner in the penal sum of net less than one thousand dollars ($i,ooo), nor more than live thousand dollars ($5,000), to be approved by the Comptroller, the amount of the said bond to be de- termined by tlae regulations 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. Sec. 426. The Municipal Explosives Commission may, by a unan- imous vote of its members, subject to the approval of the Fire Com- missioner, 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-live thousand dollars ($25,000),- said bond to be approved by the Comptroller, in accordance with section 425 of this ordinance. Sec. 427. In case of the violation of the provisions of this ordi- nance 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 amount for the second offense 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. Sec. 428. The commander, owner or owners of any ship or vessel arriving in the harbor of New York, and having more than twenty- eight (28) pounds of gunpowder or other explosive named in this ordi- nance 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 ORDINANCES OF THE CITY OF NEW YORK 91 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 5 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 Commis- sioner, said permit to be issued for not exceeding forty-eight (48) hours. Sec. 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 up- wards from the pier line of said City, nor to any ship or vessel of war of the United States while lying in any part of the Navy Yard in the Borough of Brooklyn. CHAPTER II. 1.. The Discharge of Firearms. Sec. 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 $10 for each offense. The provisions of this section shall not apply to Jones' Wood Colosseum, Washington Park. Hamilton Park. Ben- der's Schutzen Park. Bellevue Garden, Harlem River Park, Lion Park r Christ's Park, Kuntz'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 Hundred and Fifty-fifth street, North River, and the property lying between One Hundred and Seventy-second street and Kingsbridge road, while said prop- erty is used for the purpose of a rifle range by the "Fort Washington Rifle Club." and no longer; grounds of Pilkington & Nagle, at Oak Point on the East River; ground of the Metropolitan Baseball Park r corner of P'irst avenue and One Hundred and Seventh street; Man- hattan Park, situated in One Hundred and Fifty-fifth street, two hun- dred feet west of Eighth avenue; Cosmopolitan 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 at One Hundred and Fifty-fifth street, between Eighth and Columbus ave- nues; Fort George Park, located on Amsterdam avenue, west side, between One Hundred and Ninety-fourth and One Hundred ami Ninety-seventh streets; Rifle Range, located on east side of Amster- dam 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 charge, and upon the faithful performance of the duties of hi* office; and the Deputy Supervisor of the City Record shall, after his appointment, and 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 faithful performance of the duties of his office. Sec. 482. Each Commissioner of Public Works, before entering 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 tiled in the office of the Comptroller, in the penal sum of $10,000, conditioned for the faithful performance of the duties of his office. Sec. 483 The Water Register, before entering upon the duties of his office, shall execute a bond to the City, with two sufficient sure- ties, to be approved by the Comptroller, in the. penal sum of $15,000, conditioned for the faithful performance of the duties of his office. Sec. 484. The Collector of Assessments and Arrears, before enter- ing 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 per- formance of the duties of his office. Sec. 485: The Collector of City Revenue and the Superintendent 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. Sec. 486. The Deputy Collectors of City Revenue shall, respec- tively, before entering upon the duties of their office, execute a bond to the City, with one or more sureties, to be approved by the Comp' troller. in the penal sum of $2,000. Sec. 487. Before entering upon the duties of his office, the Clerk to the Collector of City Revenue atid the Superintendent of Markets, shall execute a bond to the City, with one or more sureties, to be ap- proved by the Comptroller, in the penal sum of $5,000, conditioned for the faithful performance of the duties of his office. 2. Public Sessions of Boards. Sec. 488 All meetings of the boards or commissions constituting 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 IOJ ORDINANCES OF THE CITY OF NEW YORK 3. Office Hours. Sec. 489. The office hours of all public offices in The City of New York, except as otherwise provided by law, shall be from 9 o'clock a. m. to 4 p. m., except on Saturday, when such offices shall be closed at 12 o'clock noon, and the heads of all departments may. when public business requires it, keep the said offices open after 4 o'clock. The office hours of the City Clerk and Clerk of the Board of Aldermen shall be from 10 o'clock a. m. until 4 o'clock p. m., except on Saturdays, when the office hours shall be from 10 o'clock a. m, until 12 o'clock noon. 4. Sale of Waste Material. Sec. 400. All old and waste matt-rial under the care of any de- partment 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 a- so provided, the sale of such material t< » be under the im- mediate supervision of the head <»i the bureau having charge of such material, the proceeds therefor to be collected by -aid head of bureau and transmitted within twenty four hours by him to the head of the department for deposit in the city treasury, except as otherwise spe- cially provided. 5. East River Bridges. Sec. 491. The New York and Brooklyn Bridge shall be designated as the Brooklyn Bridge. The new East River Bridge shall be designated as the Williams- burg 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. 6. Payment of Jurors. Sec. 492. In pursuance of section 3314 of the Code of Civil Pro- cedure, it is hereby directed that the sum of $2 be allowed to each trial juror, for each day's necessary attendance by him as such a juror at a term of any court of 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. .7. Flags and Decorations at the City Hall. Sec. 493. All power and authority to display flags or other decorations on, in or about the City Hall, or other public buildings, ORDINANCES OF THE CITY OF NEW YORK. 103. within the City Hall Par.k, 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. 8. Public Worship in the Streets. Sec. 494 No person shall be concerned or instrumental in col- lecting or promoting any assemblage of persons under the pretense of or for public worship or exhortation in the Battery or any of the markejs or\..st.reets or .parks or. any public place in The City. of. New York faid out and appointed for the common use of the citizens, under .the penalty of $25 for each offense. Sec. 495. It shall be the duty of all Police Officers of The City of New York to prevent all such assemblies and to prosecute, ap- prehend and report to the Corporation Counsel all persons concerned or instrumental in promoting the same. Sec. 496. Every Police Officer who shall neglect or refuse to per- form his duty in the premises shall for every such neglect forfeit and pay the "sum of $5. i *' -See. 497. Nothing contained in the three preceding sections of this article shall be construed to prevent any clergyman or minister of any denomination or any person responsible to or regularly asso- ciated"with any church. Missionary association or incorporated mis- sionary 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, Commis- sioner of Police or one of the Aldermen of the City therefor. "Provided, also, that such written 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.'' Sec. 498. This ordinance shall not be construed to prevent any ministers or people of any church usually called Baptists, from as- sembling in proper places in The City of New York for the purpose of performing the rite of baptism according to the ceremonies of such church. Sec. 499. No person shall disturb, molest or interrupt any clergy- man, minister, missionary, lay-preacher or lay-reader who shall be preaching and have obtained permission according to this ordinance or any minister or people who shall be performing the rite of baptism as permitted by this ordinance, nor shall any person commit any riot or disorder in any such assembly, under the penalty of $25 for each offense. 9. The Display of Immoral Pictures. Sec. 500. No person shall expose, display, post up, exhibit, paint, io4 ORDINANCES OF THE CITY OF NEW YORK, 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, billboard, wall or fence on any street, nor in or upon any public place, in The City of New York, which shall be oi lewd, indecent, immoral, immodest, vulgar or suggestive character, calculated to debauch the public or shock the sense of decency or propriety. Sec. . 501. Any violation of the provisions of section 1 of this ordinance shall be deemed a minor offense, and upon ..conviction thereof, before a City Magistrate, shall be punishable by a fine of not less than $10 nor more than $50; or by imprisonment in the City Prison, or by both; but no such imprisonment, however, shall exceed a term of ten days. 10. Car Transfers in The City of New York. Sec. 503. Kvery car owned, operated, managed or controlled by a street surface railroad company in the streets or highways iof The City of New York, shall carry throughout its route on "the -outside, in front and on top of each and every car so operated, a signboartl or placard, upon which shall appear conspicuously the destination of the said car. VEvery such company must carry for a single fare upon such car, without change therefrom, each and every passenger to any regu- lar stopping place desired by him. upon said car's route, in the direc- tion 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. Sec. 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. 11. The Heating ot Street Cars in The City of New York. Sec. 505. Each street, surface or other railroad company op- erating 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 40 degrees Fahrenheit. Sec. 506. A failure so to heat and keep heated each second or alter nate car where the thermometer shall record a temperature below 40 degrees Fahrenheit shall subject the company or companies so violating the conditions of section 505 to a penalty of $25 for each and every failure so to do. ORDINANCES OF THE CITY OF NEW YORK Sec. 507. There shall be conspicuously displayed 011 each side of each heated car, when all the cars of the line are not heated, a placard or sign containing the words "Heated Car" in large type. Sec, 508, The above sections shall apply only to cars running a distance of three miles or more. 12. Contracts for Supplies and Work for the City. Sec. 509. All supplies to be furnished or work to be done for The City of New York, whether they are 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. Sec. 510. The several departments and officers empowered by law to make contracts on the part of the City shall issue proposals for esti- mates therefor, and advertise the same, as provided by law. There shall be kept by each of said departments an appropriate box, to be designated ''Estimate Box," with 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 Department to deposit in said box all estimates duly pre- sented to him for work to be done under the direction of the Depart- ment, immediately on the receipt thereof by him. Sec. sit. The proposals for estimates shall be in such form as may be prescribed by the Department making the same, and shall contain the v£<|llowing 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 and hour therein named, not less than ten days from the first publication thereof 2. They shall state the quantity and qualit} 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 required 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 Sec. 512. Each estimate shall contain — 1. The name and place of resilience of the person making the same. 2. The names of all persons interested with him therein; and if no other person be interested, it shall distinctly state thai fact. io6 ORDINANCES OF THE CITY OF NEW YORK. 3. That it is made without any connection with any other person making an estimate for the same purpose, and is in all 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. Sec. 513. The estimate shall be verified by the oath, in writing, of the party making the estimate, that the several matters stated therein are in all respects true. Sec. 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 .authorized by law to act a? surety, to the effect that if the. contract -be awarded to {lie 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 lie would be entitled upon its completion and that which The City of Xew York may be obliged to pay to the person to whom the contract shall be awarded at any sub- sequent letting; the amount in each case to be calculated upon the esti- mated amount of the work by which the bids are tested. Sec. 515. The consent mentioned in the last section shall be accom- panied by the oath or affirmation, in writing 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 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. Sec. 516. The sealed envelope containing the estimate shall be in- dorsed with the name or names of the person or persons presenting the same, the date of its presentation, 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 estimates. 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 pres- ence of the Comptroller, and such of the parties making them as may desire to be present, shall then and there- ..pen the said esti- ORDINANCES OF THE CITY OF NEW YORK. 107 mate box; and the estimates to Be examined at that time, as may appear from the indorsements thereon, shall he taken from said box. The said head of Department shall then and there publicly open and read all esti- mates 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 requirement- thereof. The award of the contract shall he made according to law. Sec. 517. When proposals are issued for a contract to furnish any article of which a sample can conveniently he furnished, the head of the 1 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 estimtes as he may prescribe; audit it be not so furnished, or do not conform to the quality required by the proposals, the estimate delivered J)y the person furnishing or omitting to furnish the same, as the case may be. shall he rejected. Sec. 518. In all contracts for work for The City of New York where provision is made for the payment of the contract price by install- ments, a provision shall be inserted that the contractor shall allow te n 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. Sec. 519. In all contracts for the work for The City of New Y'ork upon any public building, or in any public street or place, in the perform- ance of which accidents or injuries may happen 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 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. , Sec. 520. Every contract for supplies or work by The City of Xew York shall be executed by the contractor or contractors to whom the same mav^ be awarded, and shall he accompanied by a bond in the penalties mentioned in the proposals, therefor, executed by the persons or company consenting to become hound as sureties, or by such other persons or com- pany as shall he substituted therefor, with the consent of the head of the department making sueh contract, conditioned for 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 Xew 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 hereinafter prescribed. And it shall be the io8 O RDIN A N C E S < ) F T 1 1 E G I T V O P X E W YORK duty of the Comptroller to require such sureties to be further examined before himself or an officer authorized in 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 ami 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 ordinances, 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 department 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 against such delinquent contractor or con tractors; provided, however, 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. Sec. 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 prop- erty 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 progresses, pay- ments will be made to the contractors by monthly installments of 70 per cent, on work performed, provided the amount of work done on each installment shall amount to $1,500; and the head of department making such contracts shall forthwith tile a copy thereof with the Comptroller. Sec. 522. Whenever any payment shall become due upon any con- tract, according to the provisions thereof or in accordance with any of the provisions of these ordinances, it shall be the duty of the head of de- partment or officer aforesaid having such work in .-charge lo furjiish_4_he person or persons entitled to such payments a certificate, in writing, spe- cifying the contract upon which such payment is due and the amownt due upon such contract. Sec. 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 in- dorse such payment upon the contract upon which said payment is made; but no payment shall be made upon such contract beyond the amount thereof, and final payment thereon shall not be made until head of de- partment or officer aforesaid having such work in charge shall furnish the Comptroller, who shall tile the same in his office, a certificate signed by the head of such department or officer aforesaid, that the work men- URDINANCES OF THE CITY OF NEW YORK. tioned in such contract has been completed according- to the terms ot ii< contract, and to the satisfaction of the head of department giving »Uc1 certificate. Sec. 524. The Comptroller shall keep an account of all bonds so is sued, specifying- the particular work on account of which the same may b< 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. Sec. 525. Each and every contractor shall be required to haw an affidavit from the surveyor, setting for 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. Th< inspector shall also furnish an affidavit attached to each contract that the work is done according to the plans and specifications, said affidavit to b< attached to each assessment list before presented for confirmation. Sec. 526. In all cases of delinquency in the payment of any assess merit 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 building of wharves, piers, slips and sewers in this City, and in all such like 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 account or contract, first deducting the collector's commissions on so much of the said interest as shall have been col- lected and received by him. Sec. 527. In all contracts for work done at the expense of and by The City of New York for the more speedy execution 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, provisions 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. Sec. 528. It shall be lawful for the department making any contract of the character mentioned 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 tlmuy per cent, of the con- tract price of the Avork actually done, to remain as security till the whole work be completed according to the contract. 13. Transportation of Iron, Steel or Other Material over Street. Sec. 520. All rails, pillars and columns of iron, steel or other mate rial, which are being transported over and along the streets of The City of New York upon carts, drays or 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 offense. ORDINANCES OF THE CITY OF NEW YORK. 14. Walks and Bridges Over G Sec. 530. It shall be lawful for any person who so desires to place and keen 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 — Application must be made to the Bureau of Licenses, and the sum of one dollar per annum, dating from the granting of such permit, paid for the privilege. Second — Every such bridge shall be constructed under the supervision and subject to the di- rection of the President of the Borough in which the same shall be con- structed. Third — Every such bridge shall be so constructed that it can b< < asjly 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 underneath every such bridge on Wednesday of each week, between 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, revoke any permit so granted, or like privilege now enjoyed without a permit. Sec. 53 r. No person shall fire, discharge or set off in The City of New York any rocket, cracker, torpedo, squib, balloon or other fireworks, or thing containing any substance in a state of combustion under the pen- alty of five dollars for each offense. Section t . The terms "Board," "this Board" and "said Board '" when- ever used in this Code shall be held to mean the "Board of Health of the Department of Health of The City of New York" ; the word "Depart- 15, The Discharge of Combustible Substances. CHAPTER 14— THE SANITARY CODE. Definition of Terms; henever used 1 r The Citv of N t, spectively pi and all own in interest, sustain the : referred to where herei herein; the herein, shal \" shall rc- verallv, each >r phrase any- vh en ever used fr 2 words "City" or "this City" or "said City," whenever used 11 be held to mean The City of New York; the word "regula- 1 be held to include "special regulations" (which latter will be to time issued, and will contain more detailed provisions than ORDINANCES OF THE CITY OF NEW YORK. can be herein conveniently set forth) ; the word "permit" shall be con- strued 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 he held to be a report in writing, signed by the per son (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. Sec. 2. The word "street," when used in the Sanitary Code, shall be held to include avenues, public highways, gutters and public alleys; and the words "public place" shall be held to include parks, piers, docks, wharves, and water and open spaces thereto adjacent, and also public yards, grounds and areas, and all open spaces between buildings and streets, in view of such streets ; the word "ashes" shall be held to include cinders, coal and everything that usually remains after fires ; the word "rubbish" shall be held to include all the loose and decayed material and dirt-like substance that attends use or decay, or which accumulates from building, storing or cleaning; the word "garbage" shall be held to include swill and every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the preparation, decay and dealing in, or storage of meats, fish, fowl, birds or vegetables ; and the word "dirt" shall be held to mean natural .soil, earth and stone. Sec. 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 cook- ing upon the premises, or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water closets or privies or some of them. A "lodging house" be taken to mean and include any house or building, or portion th 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 any part of which is lei for any person to sleep in for any term less than a week. A "cellar" shall be taken to mean and include every basement or lower story of a building or house of which one-half or more of the height from the floor t>> 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 por- tion 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 boarders 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 1 1 2 ORDINANCES OK THE CITY OK NEW YORK. any building in which the business of selling meals, liquors, drinks or re- freshments of any kind shall be conducted, and includes "concert saloons." Sec. 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 exhibition, masquerade, public dance, drill, lec ture, address or other public or frequent gathering or amusement, are, is or may be held, given, performed or take place, and the approach or ap proaches thereto, and appurtenances thereof. Sec. 5. The word "physician" shall include every person who practices about the cure of the sick or injured, or who has the charge of, or pro- fessionally prescribes for, any person, sick, injured or diseased, and any person who pursues 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. Sec. 6. The word "meat" whenever herein used, includes every part of any land animal and eggs (whenever mixed or not with any other sub- stance) ; 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" in- cludes every article of human consumption as food (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 consumption as such food, unless the contrary be distinctly proved. Sec. 7. The word "cattle" shall be held to include all animals, ex- cept birds, fowl and fish, of which any part of the body is used as food; 1 he word "butcher"shall be held to include whoever is engaged in the business of keeping, driving or slaughtering" any cattle or in selling am 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 meat, fish or vegetables for human food. Misfeasance and Nonfeasance. Sec. 8. No person shall carelessly or negligently do or devise or con- tribute to the doing of any act or thing dangerous to the life, or detri- mental 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 authorized 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 detri- ment to the life or health of any human being. Obedience to Ordinances and Regulations. Sec. 9. Every contractor in these ordinances referred to and every person who has contracted or undertakes, or is bound to do. or is engaged ORDINANCES OF THE CITY OF NEW YORK. nj ill doing an> 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 my of said ordinances. Sec. 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 conducting or interested in business therein or threat, and of every person who has undertaken to clean any place, ground or street therein, and of every person, public officer and department having charge of any ground, place, building 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 prejudicial to life or health. The term "building," as nsed in this section, includes a railway car, booth., tent, shop or other erection or enclosure. Sec. ii. 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 here- inafter contained, or any law of this State or otherwise, whether issued directly by the Board, or promulgated by any Bureau charged therewith, ts if the same had been herein inserted at length. Sec. 12. No person sliall omit or refuse to comply with, or resist, any of the provisions of the Sanitary Code, or any of the rules, orders, sani- tary regulations, or ordinances established 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 chapter 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 arc- now in force and ap plicablc to The City of \'ew York; or omit, refuse or neglect the execu- tion 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. Sec. 13. The owner, lessee, tenant, and occupant of any build ing or premises, or of any part thereof, where there shall be a nui- sance, or a violation of any ordinance or section of the Sanitary Code, shall be jointly and severally liable therefor, and each of them may be required to abate the nuisance, or complj with the order of the ii4 ORDINANCES OF THE CITY OF NEW YORK Board of Health in respect to the premises or the part thereof, of which such person is owner, lessee, tenant or occupant. Sec 14. Whenever a nuisance in any place or upon any premises in The City of New York shall have been found or declared by reason of the Board of Health to exist, and 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. False Statements, Sec. 15. No person shall make any false or untruthful statement in any application for a permit from the Board of Health. Dwellings, Lodging-Houses and Other Buildings, Ventilation, Drain- age and Plumbing. Sec. 16. No person shall hereafter erect, or cause to be erected or converted to a new purpose by alteration, any building or struc- ture, or change the construction of any part of any building by addi- tion 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 subject to the conditions thereof, nor shall the builder, owner, lessee, tenant or occupant of any such, j>r of any other building or structure, cause or allow any matter or thing to be or be done in or about any such building or structure danger- ous or prejudicial to life or health. Sec. 17. No owner or lessee of any building «>r 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 building or such parts thereof are suffi- ciently 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 pre- vent the same, to be used as or for a place of sleeping or residence, any portion or apartment of any building, which apartment or por- tion has not at least two feet of its height and -pace above the level of every part of the sidewalk and curbstone of any adjacent street, none of which the floor is damp by reason of water from the ground, or which is impregnated or penetrated by any offensive gas, smell, ORDINANCES OF THE CITY OK NEW YORK or exhalation prejudicial to health. But this section shall not prevent the leasing, renting, or occupancy of cellars or room- less elevated than aforesaid, and as a part of any building rented or let, when they arc not let or intended to be occupied or used by any person as a sleeping apartment, or as a principal or sole dwelling apartment. Sec. 18. No person having the right and power to prevent the same shall knowingly cause or permit an)' person to sleep or remain in any cellar, or in any bathroom, or in any room where there is a water-closet, or in any place dangerous 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 odor« or sub- stance or otherwise. Sec. 19. No owner, 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 great a number of persons to dwell, be or sleep in an)- such house, or any portion thereof, as thereby to cause any danger or detriment to life or health. Sec. 20. Every person who shall be the owner, lessee, keeper or manager of any tenement-house, boarding-house, lodging-house, or manufactory, provide or cause to be provided, for the accom- modation thereof and for the use of the tenants, lodgers, boarders and workers thereat, adequate privies, or water-closets, and the same shall be adequately ventilated, and shall at all times be kept in such cleanly and wholesome condition as not to be offensive, or be dan- gerous 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. Sec. 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 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 arc let for lodgers shall be separated by a passageway of not less than two feet, horizontally, and all the beds shall be arranged that under each one of them the air shall freely circulate and there shall be adequate • ventilation. Four hundred cubic feet of air space shall be provided and allowed for each bed or lodger. Fee. 22. Every owner, lessee, tenant and manager of any board- ing-house of manufactory, shall cause every part thereof and its u6 ORDINANCES OF THE CITY OF NEW YORK. appurtenances to be put, and .shall thereafter cause the same to be kepi, in a cleanly and wholesome condition, 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 he a manufactory, shall cause every part thereof in which any person may work, to be maintained al such temperature, and be provided with such accom- modations and safeguards as not, by reason of the want thereof, or of anything about the condition of such manufactory or its appurte- nances, to cause any unnecessary danger or detriment to the life or health of any person being properly therein or thereat. Sec. 23. All filthy and dirty walls and ceilings of any building, including the walls and ceilings of the cellar thereof, shall be thor- oughly cleaned and whitewashed whenever required bv the Board of Health. Sec. 24. The roofs and skylights of all buildings shall be kept in a condition of repair so that rain water shall not enter the building Sec. 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 hav- ing charge of any place of public worship, shall so far omit or neglect any duty or reasonable care or precaution respecting the safety or health of any scholar, pupil or attendant, or respecting the tempera lure, ventilation or cleanliness or strength of any church, hall of wor- ship, school house, school room or place of practice 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. Sec. 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 accommodation of hi- guests or other persons for pay, shall provide for the safety of such bathers two lines of sound, serviceable and strong manilla 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 ORDINANCES OF THE CITY O* MEW YORK. within such lines and the beacli within which bathing is believed t< be safe. Every such keeper or proprietor <>r 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 main tained by ever}' such keeper, proprietor or oilier person during th< 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, occu- pied or maintained by a lessee for hire, but such lessee shall b< 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. Sewerage and Drainage. Sec. 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 T buildings or erections, and every person interested in such plac*. <>* business or the business thereat, and in like manner every Board,. Department, officer and person (to the extent of the right and author- ity of each), shall cause and require such drain, soil pipe, passage and connection to be at all times adequate lor its purpose, and t< convey and allow, freely and entirely, to pass whatever enters or should enter the same; and no change shall be made of the drainage, sewerage or the sewer connection of any house or premises, in vol v ing changes in the drainage, sewerage or sewer connection of an> 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. Sec. 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-'-nieans to be taken, so that whatever substances may enter any sewer shall pass speedily along and from the same, and sufti ciently far into some water or proper -reservoir, that no accumula- tions shall take place, and no exhalations proceed therefrom, dan- gerous or prejudicial to life or health. Sec. 20. No brick, sheet metal or earthenware material or chim- ney flue shall be used as a sewer ventilator, or to ventilate any trap, drain, soil or waste pipe. Sec. 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 30 feet of the front or rear windows of the main building or ti8 ORDINANCES OF THE CITY OF NEW YORK of an adjoining building, or if so located as to cause a nuisance. Sec. 31. All joints in iron drain pipes, soil and waste pipes, must t>e 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 same size as the lead pipe, put in the hub of the branch of 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 waste and vent pipes shall be made by means of wiped joints. Sec. 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 good order and repair, so that no gases or odors shall escape there- from and so that the same shall not leak. Sec. 33. Every water closet, urinal, sink, basin, wash tray, bath and every tub or set of tubs and hydrant waste pipe must be sep- arately 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, water sup- 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. Sec. 34. No drain pipe from a refrigerator shall be connected 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-closct trap, or into the drain or sewer, but it may discharge upon the roof or into an open water supplied tank. Sec. 35. Rain water leaders shall be sound, tight and adequate lor their purpose, and shall not be used as soil, waste or vent pipes, <>r be connected therewith: nor shall any soil, waste or vent pipe be used as a leader. When within 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. Sec. 36. The waste or soil pipes 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. ORDINANCES OF THE CITY OF NEW YORK Sec. 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, cess- pool or school sink in The City of New York must be impermeable and secure against any saturation of the walls or the ground above the same. No water-closet or privy shall be constructed wtihout adequate provision for the effectual and proper ventilation and cleans- ing thereof. Sec. 38. No person, persons, company or corporation shall cause, permit or allow any sewerage, 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. Street Drainage. Sec. 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 substance 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. Sec. 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 times 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. Sec. 41. Every owner, tenant, lessee and occupant of any build- ing 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 dan- gerous or prejudicial to life or health. Food and Drink. Sec. 42. No meat, fish, birds, fowl, fruit, vegetables or milk not j.2o ORDINANCES OF THE CITY OF NEW YORK. feeing then healthy, 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, nor shall any such articles be kept or stored therein. Sec. 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, which, when killed, was less than four weeks old, or when 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 five 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 inte said City, or held, sold or offered for sale for human food. Sec. 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 rel- ative thereto, or for the removal thereof from said City. Sec. 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 covered 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 s-hop 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 full}- cooled alter killing, nor until the entrails, head and feet (except of poultry and game and except the heads and feet of -wine) shall have been removed. Sec. 46. No breadstuffs, cake, pastry, dried or preserved fruits, candies or confectionery shall be kept, sold or offered for sale out- side 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 pro- tected from dust and dirt. Sec. 47. No person, being the manager or keeper of any saloon, boarding-house or lodging-house, or being employed as a clerk, ser- vant or agent thereat, shall therein or thereat, offer or have for food or drink, or to be eaten or drunk, any poisonous, deleterious or un- wholesome substance, nor allow anything therein to be done or to occur dangerous to life or prejudicial to health. ORDINANCES OK THE CITY OV NEW YORK. See. 48. No meat, fish, fruit, vegetable or milk or unwholesome liquid shall knowingly be bought, sold, held, offered 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. Sec. 49. Every person, being the owner, lessee, or occupant or any room, stall or place where any meat. fish, fruit or vegetables- designed 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 principal or agent, in the care or in respect to the custody or saK- 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 rendered unsafe or unwholesome for human food. Sec. 50., No .butcher or .dealer, shall keep in any market any re- frigerator or ice-box, unless the same shall be lined with some proper metallic substance, so as to be water tight. Sec. 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 arc of will be affected by liquids so that dangerous, unwholesome or deleterious compouin^ are formed therein or thereby, or such that beer, soda water, syrup> or other liquids, or any beverage, drink or flavoring material drawn therefrom shall be unwholesome, dangerous or detrimental to health. Sec. 52. No person shall have at any place where milk, butter 01 cheese is kept for sale, nor shall at any place sell, deliver, or otter or have for sale, or keep for use, nor shall any person bring or Send to said City any unwholesome, skimmed, water 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 beef: fed in whole or in part on swill, or milk from sick or diseased cows or other animals, or any butter or cheese made from any such mjlk, or any unwholesome butter or cheese. Sec. 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 or calves in the Borough of Manhattan shall be conducted on the west side of the borough, between the north of the middle line of the block between West Thirty-eighth and West Thirty-ninth streets and the south side of West Forty-first street, Eleventh avenue and North River, inclusive, and the slaughtering of cattle, sheep or calves on the east side of the borough shall be between the north of the middh line of the block between East Forty-second and East Forty-third and East River, inclusive. Sec. 85. No building shall be erected or converted into, or used as a slaughter-house in The City of Xew York until the plans thereof have been duly submitted and approved in writing by said Board, and no building occupied as a slaughter-house or any part thereof, or any building on the same lot shall be occupied at any time as a Slaughtering and Slaughter-Houses. street and the south avenue ORDINANCES OF THE CITY OF NEW YORK. 129 dwelling or lodging-place; and every such building shall at .ill limes be kept adequately and thoroughly ventilated. All floors where any meat; refuse, -offal, fertiliser or any other materials, derived directly or indirectly from slaughtering 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 6 feet above the floor with some non-absorbent 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 per- mit the same to flow into the sewer opening. All woodwork, except floors and 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 hand- ling of meat and treating of and earing for offal, blood or any other material stored or manufactured, must be cared for by destruction or condensation, and not allowed to escape into the outside air. Sec. 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. Sec. 87. No offal or butcher's refuse shall be conveyed through any street or any avenue or over any ferry in The City oi 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. . Offensive Trades. Sec. 88. No person shall have any offensive water or other liquid or >ubstance on his premises or grounds, to the prejudice of life or health, whether for use in any trad; or otherwise; and no establishment or place of business lor tanning, skinning, or scouring, or for dressing Ir'des or leather, or for carrying on any offensive or noisesome 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. vSec. 80. No person or corporation being a manufacturer of g.i--. "r engaged about the manufacture thereot, shall throw or deposit, or allow to run, or shall permit to be thrown or deposited in any f.30 ORDINANCES OF THE CITY OF NEW YORK, 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 gas house 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 prejudi- cial to life or health; or fail to use the most approved or all reason- able 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 build- ings and the location thereof have been duly approved in writing by the Board of Health. Sec. 90. Tt shall not be lawful for any person or persons, in- corporated 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 business existing within said borough, shall be forthwith re- moved out of said borough, and such trade, occupation or business shall be forthwith abated and discontinued, providing that nothing in this section contained shall apply to the slaughtering or dressing of animals for sale in said City. Sec. 91. The business of bone crushing, bone boiling, bone grinding, bone or shell burning, lime burning, horse skinning, cow skinning, glue making from any part of dead animals, gut cleaning, hide curing, fat rendering, boiling of fish, swill or offal, heating, dry- ing, storing of blood, scrap, fat, grease or offensive animal or veg- etable matter, or manufacturing materials for manure or fertilizer, shall not be carried on or continued within the Boroughs of Brooklyn. The Bronx, Queens or Richmond without a permit from jhe 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. Sec. 92. No occupation or business that is dangerous or detri- mental to life or health shall be established or carried on in The City of New York. Sec. 93. All persons engaged in the business of boiling or ren- dering fat. lard or animal matter shall cause the scrap or residuum to be dried or otherwise prepared so as to effectually deprive such .ORDINANCES < >E THE CITY OF NEW YORK material of all offensive inoffensive, immediately fades in which the rende Sec. 04. No person Cit oil 6dors> and to preserve the fter the removal thereof f ing process may be conducted, shall hereafter erect or establish any manufactory or place of business for boiling or for the distilling" of an}- ardent or alcoholic same entirely >m the recep- makint; any lampblack", rehning of ores, metals for conducting any oth Offensive or deleterious permit from the Hoard Sec. 05- X T o fat, t; except when fresh from the places* of dition tree from si at the- time of. .■rendering'. steamr.ti-.gnt, •• vessels; and destroyed by .combustion o ihg to the best and most thing- preceding, following rendering, .and 'the premi irpentme o r alloys of business t is, vapor d f Health. dw or lard from the slaught laughter in The City rness and taint and and all melting the gases and r other mean- <. approved mean and in c< ses where said ny varnish or pirits, or for tar, or for the treating and metals, with acids or heat, or i at will or does generate any posit or exhalation, without a tall be melt e< d animal, or of New Yor ill other car and ren 1 odors tl lualiy rilust be free from all offensive od< to tlie ' public, health. No fat. lard The City of New York to be rende rendered or ,mc*!ted that, has come fr< See'. 96. The owners, lessees, of every. b,ui Klin g, vessel or place or stationary; engine, furnace ashes, cinders, .rubbish, dirt an place. ., so, that, the same shall cause, ■ suffer or allow . smoke, or noisome pdprs to escape or vessel.,or, place to tl sons .thei*eup( >i and iCtion \ e s a n u rid oth tallow dt mell any ants. ac 1 or rendered, r taken directly >rk, and in con- auses of offense ring must be in efrom must b« tive,- and accord* rocesses; and every--; th such melting and shall be conducted* ' cause of detriment mil be brought into i, and none shall.be outside of said City, pants and managers which a locomotive or Doners are used, snail c d refuse to be removed, to spirit not accumulate; nor shall any : cinders,, dust, gas, steam ordi be ' discharged -trout' -any faac.H buLUlfn^, nt or 'annoyance of any person or pttj sou 3.1Y4 97-' - apai any ^vhic shall stable 01 m whic! place in animals at all times keep merits, and the d and sanitary com to escape therek purtenanc in front t /cry owner, k lent in the bui or.se, ca tile oi manure, stable died or accui or cause t( ains, yards ition, so >m. Ev thereof, shall be connectei eof. Tt shall be the dutv and that n :rv stu 'e, tenant and occupant of any stall,' ip portions of The City of Ww Korkj feher >an im-at ■ slra M 'b 'q 1< op t ; N \Yr of 4 any ;fuse or any liquid discharge of such ate, shall cause therefrom, and shall ' ept such stalls, stables or apart- ippurtenances thereof, in a clean Off' thereof, nsive odors shall be allowed ible, and the yards and ap- with the >f every sewer in the street such owner, lessee. 132 ORDINANCES OF THE CITY OF NEW YORK. 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 hereinbefore provided. It shall not be lawful to remove manure and stable refuse in carts 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 premises 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, lessefii 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 .-table refuse are not removed daily as here- inbefore 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 dock or places as shall be approved by the Board of Health, and to which a permit for such use shall have previously been granted by said Board, and such bales, barrels and boxes shall not be opened untii delivered at such docks or places. Offensive Materials. Sec. 98. No person shall till in any land under or above water within the limits of The City of New York, or any of the islands situated within such limits, with garbage, dead animals, decaying matter or any offensive and unwholesome material, or with dirt, ashes or other refuse, when mixed with garbage, dead animals or portions thereof, decaying matter or offensive and unwholesome material. ORDINANCES OF THE CITY OF NEW YORK 133 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 with- out a permit from the Board of Health. Sec. 99. No ground or material filled with offensive matter or substance, or that will emit or allow to arise through or from the same, any offensive smell or deleterious exhalation, shall (adjacent to or within the built-up portion of said City) be opened or turned up or the surface thereof removed, between the 1st day of May and the 1st day of October of any year, except according to a permit first obtained therefor from the Board of Health. Sec. 100. No part of the contents 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. Sec. 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. Sec. 102. No swill, brine, urine of animals or other offensive animal matter, nor any stinking, noxious liquid or other filthy matter of any kind, shallby any person be allowed to run or fall into or upon any street or public place, or be taken or put therein. Sec. 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 any street, place, sewer or receiving basin, or into any river or standing or running water or excavation or into any ground or premises in the built-up por- tions of the City. Sec. 104. No person shall draw off, 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, ci>tern. cesspool or sink be filled or covered with dirt until it has been emptied of its filthy contents. Sec. 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. 134 ORDINANCES OF THE CITY OF NEW YORK Sec. 106. Every tub or other receptacle in any sink or privy (of placed, or allowed to stand therein by any owner, tenant or occupant of any building or premises), and used to contain any liquid or par- tially liquid substance, shall be sufficiently strong, perfectly tight, and adequately provided with a strong cover and with hoops and handles; shall not be allowed to be filled to within 4 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 emptying cess- pools and to throwing any substance therein, shall apply to said tubs and receptacles as if here repealed and applied thereto. And no person shall throve, drorY or--ft'1To\v to fall into -the North or East River, or into any street or place, any substance being, or haying been, part of the contents of any- such vault, cesspool, privy, sink, tub or receptacle of any offal. v ; ::• ' . Sec. 107. Neither the contents" of "any suc-h tub, tvr of any re- ceptacle, cesspool, privy, vault, sink, water-closet or Cistern, nor- anything in any . room, excavation, vat. building, premised -or place/ shall be allowed to become a nuisance, nr offensive, sd- : as- to -be. dangerous or prejudicial to life or health. • Sec. 108. Tt shall be the duty of every owner. tenant. jfessee». 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 provided, and at all -t^mes there- alter to.keep and cause to be kept and provided, within su'Ch building, or place or business, and lor the exclusive use of such building or place of business, separte receptacles tor receiving and holding, without leakage, all the ashes, garbage and liquid substances that may accumulate during thirty-six hours, from said building or place of business, or the portion thereof of which Mich 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 building or place of business to cause to be separated and put into their jres.pective receptacles all such materials and substances, and such receptacle shall not be tilled to within four inches of the top thereof. And such receptacles, as well as any light refuse or rubbish 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 stooj) line only, and shall there remain until such materials or sub- stances 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. ORDINANCES OF T11K CITY OF NEW YORK. 135 AH light refuse or rubbish likely to be scattered or blown about, shall, before being placed outside of building or premises for removal, be properly bandied, packed or otherwise secured. Sec. 109. No person, not for that purpose authorized, shall in- terfere 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 content.-. Sec. no. All occupants so preferring may deliver their ashes, garbage and rubbish directly to the proper carts, to be taken away at any^hour of tine day when said carts may be present: and said carts may. take such articles from receptacles delivered at any such hour; provided, that such garbage 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 7 o'clock a. m. of any day till 10 o'clock -of the evening of the same day. Sec. in. 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 thi> 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 substance or substances be allowed to remain or stand on or along any railroad, street or high- way 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 exhalation 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 contents of any mattress or bed, be deposited or burnt without a permit from the Board of Health. Sec. 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 arc consumed, 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 alt times tree from any offensive smells or accumulations. 136 ORDINANCES OF THE CITY 01 ; NEW YORK. Sec. 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 aninfar,' 'night soil or other like substances, or with the proper performance of such contracts. Sec. 114. It shall be the duty of every person (his agents and employees) who has contracted or undertaken to remove any dis- eased or dead animal, offal, rubbish, garbage, dirt, street sweepings, night soil, or other filthy, offensive or noxious substance, or is en- gaged about 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 a-s 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 daytime, under any circumstances. Sec. 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 urinal or vegetable matter, dirt or dead animals, or for the use of any con- tractor, for the removal of any of the foregoing substances, without a permit from the Board of Health. ■ ■< Sec. 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 effectually prevent the throwing or depos- iting therein or thereupon any garbage or offensive; thing whatsoever, and so as to prevent persons passing from falling into such exca- vation. Sec. J 17. 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 ioo square feet of surface of any -treet or place (and the same shall be compact 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 paramount authority. Nor shall any such substance be so deposited or allowed to remain by any person as to obstruct the free flowage along any gutter. Sec. r 1 8. No lime, ashes, coal, dry -and. hair, feathers or other substance that is in a similar manner liable to be blown by tfie f*ir»d, ORDINANCES OF TH K CITY OF NEW YORK. 137 shall be sieved, agitated ' Or exposed, nor shall any mat, carpet or cloth be shaken or beaten, nor shall any cloth, yarn, garment, mate- rial or substance be scoured, cleaned or hung, nor shall any rags, damaged merchandise, 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 precautions be omitted by any person to prevent fragments or other substances from falling, to the peril of life, or dust or light material llying into any. street, place or building from any building or erection, while the.same is being altered, repaired or demolished, or otherwise. Removal of Filth. Sec. 119. No person shall engage in the business of transporting 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. Sec. .120, .No cart or other vehicle for carrying any manure, swill, garbage, offal or rubbish, or other, nauseous 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, or business or other premises where any person may be; nor shall any such cart or vehicle be allowed to occupy any un- reasonable length of time in loading or unloading, or in passing along any street or through any inhabited place or grounds. Such carts, vehicles and all implements used in connection therewith must bo kept in an inoffensive and sanitary condition and, when not in use, shall be stored and kept in some place where no needless offense shall be given to any of the people of said City. Sec. 121. All carts and vehicles for carrying any nauseous or offensive substances, boxes, tubs and receptacles in which any naus- eous or qffensive substances may be, or may be carried, shall be strong and tight, and the sides shall be so high above the load or con- tents that no part of such contents or load shall fall, leak or spill therefrom, and either the vehicle or vessel 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 regulations of the Department of Health, and it shall be the duty of every person remov- ing 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. Sec. 122. All putrid or offensive matter, and all night soil, and the ontents of sinks, privies, vaults and cesspools, and all noxious sub- stances, shall, before their removal or exposure, be disinfected and rendered inoffensive by the owner, lessee, or occupant of the premises 138 ORDINANCES OF THK CITY OF NEW YORK 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 eesspool shall be removed without a permit from the Board of Health. Sec. 123. No boat, scow or other receptacle used in transport ing garbage to Barren Island or the place of disposal shall be permitted to remain 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-re- ceptacle and transported in a manner approved bv the Board of* Health. Diseased. Injured and Dead Animals. See. 124. No diseased cattle, swine, sheep, horses, dogs or cats, which are suffering from or have been exposed to any disease which i- 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 arc free from tuberculosis as far as may be determined by physical examina- tion and the tuberculin test. Said certificate shall give a number which has been permanently attached t<> each cow. and a description suffi- ciently 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 cow or cows at intervals of three hours for twelve hours before the subcuta- neous 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 re action is completed. No Cow with a certificate which, states that-vsaid 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. Sec. 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 Depart- ment of Health of said City, and, under the direction of the Sanitary Superintendent or Assistant Sanitary Superintendent. ick or injured animal in any street or place, and no person shall skin or wound such animal in such street or public place, unless to terminate its life as herein au thorized, except that the owner or person having control of such animal may terminate the life thereof in tin presence and by the con sent of a policeman or an inspector or officer of this Department Sec. .132. Every animal which shows symptoms of rabies and every animal that has been exposed to such disease shall, by the per- son owning the same or having possession thereof, be at once con- fined 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 of life or health. And such person shall also forthwith notify the Depart- ment 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 person 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 dis- posed 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 re ceived if found not rabid, and if found to be rabid, it shall be do stroyed 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. jduty to immediately notify the said Department thereof ah(i of the rotation of its body, so that the same may be obtained by the said Department, and it shall 4x? unlawful to remove any such dog... ox the. bodx of any such animal heretofore mentioned except as herein provided. . Infectious Diseases. Sec. 133. It shall be the duty of every physician to report to the Departments of Health, in writing, the full name, age and ad dress of every person suffering from any one of the infectious dis eases 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): MeasJes, rubella ORD[\ T ANCKS OF THE CITY OF NEW YORK. (rotheln) scarlet fever, small-pox. varicella (chicken-pox), typhus fever, relapsing fever. B. — Communicable: Diphtheria (croup), typhoid fever, Asiatic cholera, tuberculosis (of any organ), plague, tetanus, anthrax, gland ers, epidemic cerebro-spinal meningitis, leprosy, infectious diseases of the eye (trachoma, suppurative conjunctivitis), puerperal, septi< ;w mia, erysipelas, whooping cough. 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 group 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 furthermore of importance because it avoids the misunderstanding and alarm frequently caused by including in the same class the very readily communicable diseases (such as small-pox), and the much less communicable diseases (such as tuberculosis), which re- quire very different sanitary measures for their control. Sec. 134. It shall be the duty of the Commissioners or man- agers or the principal, superintendent or physician of each and every public institution or dispensary, in this City, to report to the De- partment of Health, in writing, the full name, age 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-pneu- monia, infectious diseases of the gastro-intestinal canal (dysentery, cholera morbus, cholera infantum, summer diarrhoeas of infants). B. — Parasitic diseases of the skin: Scabies, tinea tonsurans, im- petigo (contagious)., favus. Note. — In this list of diseases reporting is required by the De- partment of Health in order that data may be obtained for genera? anxl special investigation of the modes and sources of infection and as to the prevalence and distribution x>f these diseases. The Department of Health docs not purpose to exercise a sanitary surveillance in these cases, but desires information with a view to the ultimate re- moval or improvement in the conditions which now foster them. Notification is required in certain of these diseases because of the liability to their extension among the children in schools. Sec. 135. It shall be the duty of every physician to report forth- with, in writing, to the Department of Health, the death of every person who dies from, or while suffering with, any infectious disease, and to 6tate in such report the specific name and type of such dis- ease. !4- ORDINANCES OF THE CITY OF NEW YORK Sec. 136. It shall be the duty of every keeper of any boarding house or lodging house, and the proprietor of every lodging house pf hotel, to report forthwith to the Department of Health all the known facts in regard to any person ilk in any house or hotel under his or her charge, and suffering- from any one of the following infec- tious diseases: Measles, diptheria (croup), scarlet fever, smallpox, chicken-pox, epidemic cholera, typhus fever, rubella (rotheln ). plague, tuberculosis and whooping cough. Sec. 137. It shall be the duty of every person having knowledge of the existence of any person afflicted with any one of the following infectious diseases: Measles, diphtheria (croup), scarlet fever, small pox. chicken-pox, epidemic cholera, typhus fever, rubella (rotheln), plague, 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, inspection or ex- amination of any building or house, or the occupan.ts thereof, by the inspectors and officers of this Department, 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 with or ob- struct, mutilate or tear down any notices of this ■■ Department posted in "or on any premises in The City of New York. Sec. 138. It shall be the duty- of the commissioners or managers or the principal, superintendent or physician of each "and every public or private institution or dispensary in this City- to report- to the De- partment of Health, in writingvor t© cause such report to" be made by some" proper' and competent person, the name., age, sex. occupation and latest address of every person, afiiicted 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 di-pensaries, to observe and enforce all the sanitary rules and regula- tions of the Board of Health for preventing the spread of pulmonary tuberculosis. Sec. 139. Whenever an Inspector of this Department shall re- port in writing that any person is sick of any infectious disease, un- der 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 neighborhood, the Sanitary . Superintendent, an Assistant Sanitary Superintendent or the Chief Inspector of the Divi- sion of Contagious Diseases, upon the report of the Medical Inspec- tor 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 Hoard of Health. .. . ORDINANCES OF THE CITY OF NEW YORK. Sec. 140. In every public hospital and dispensary in The Cny of New York there shall be provided and maintained a suitable room or rooms for the temporary isolation of persons suffering from an> of the following infectious diseases: Measles, diphtheria (croup), scarlet fever, smallpox, chickenpox, epidemic cholera, typhus fever, rubella (rotheln), plague and whooping cough; and such person shall immediately be separated from other persons at such dispensary or hospital. It shall be the duty of the physician or physicians, and of the officers and managers *£>f -every hospital or dispensary, to cajase a report to be immediately made to the Department of Health of The City of New York of every person afflictd with any one of the infectious diseases herein specified who comes to their knowledge, and to have such persons properly isolated from other persons. Sec. 141. It shall be the duty of every undertaker having notice of the death of any person within The City of New York of small pox, diphtheria (croup), scarlet fever, yellow fever, typhus fever, plague, Asiastic cholera, measles or any other infectious disease dan- gerous 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 exposure 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 been wrapped in a sheet satu- rated with a proper disinfecting solution and the coffin or cas'ket shall then be immediately and permanently sealed. No undertaker shall assist in the public or church funeral of any person who has died of any one of the above diseases or used, at any funeral, or in any room where the dead body of any person shall be. any draperies, decorations, rugs or carpets, belonging to or furnished by him or under his direction. Sec. 142. A public or church funeral shall not be held of any person who has died of smallpox, diphtheria (croup), scarlet fe\er. yellow fe^er-,- typhus fever. Asiatic cholera, measles or plague; but — th£ funeral 'of such person_shall .be private, and it sliail not be laai ful 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 connected therewith, any person whose attendance is not necessary, or to whom there is danger of contagion thereby. Sec. 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 infectious 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 !44 ORDINANCES OF THE CITY OF NEW YORK. any exposure of any individual sick of any infectious disease, or >f the body of such person, or by any,_negligent act connected there with, br in respect of the care or custody thereof, or by a needier exposure of himself, cause or contribute to or promote the spread of 'disease from any such person or from any dead body. Sec. 144. Every owner, lessee, tenant and occupant of any dwelling or apartment in The City of New York shall forthwith re port to the Department of Health in writing the removal of any per son from such dwelling or apartment who shall be suffering from any of the following infectious diseases: Measles, diphtheria (croup), .scarlet fever, small-pox, chicken-pox. epidemic cholera, typhus fever, rubella (rotheln), plague, whooping cough t or tuberculosis (of any organ). Sec. 145. No principal or superintendent of any school, and no parent, master or custodian of any child or minor (having the - power and authority to prevent) shall permit any child or minor" having scarlet, fever, diphtheria (croup), small-pox or any dangerous, infec- tious of 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. permis- sion 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. Disinfection. Sec. 146. Adequate disinfection or cleansing and renovation of premises, furniture and belongings, deemed by the Department of Health to be .infected by contagions or communicable diseases, shall immediately follow the recover}', death or removal of the person suf- fering from such disease, and, such disinfection or cleaning and renovation shall be performed by the owner or occupant of said premises when ordered by the Board of Health. Vaccination, Antitoxin. Sec. 147. Every person, being the parent or guardian, or having the care, custody, or control of any minor, or other individual, shall (to the extent of any means, power and authority of said parent, guardian, or other person that could property 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 small-pox. Sec. 148. That no preparation of diphtheria antitoxin shall be offered or exposed for -ale in this City unless the receptacle con- taining such preparation bear a label on which is placed the name and the address of the producer, and upon such label, or upon a cir- cular accompanying such receptacle and inclosed with it in a sealed ORDINANCES OF THE CITY OF NEW YORK U5 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. Vessels and Seamen. Sec. 149. The master, chief officer, and consignee of every ves- sel not being in quarantine, or within quarantine limits, but being within one-fourth of a mile of any dock, wharf, pier, or building of >aid 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 ves- sel, and sick of aii3 r infectious disease. Sec. 150. The keepers. les>ees, tenants, and owners of every boarding house and lodging house shall forthwith notify the Depart- ment of Health of the fact of any seafaring man or person lately from, any i.vessel being taken sick at such house, and shall in such notice state where such sick person may be found, and fro'm what vessel, and when he came to the best of the knowledge" of the person or persons giving such notice. . * '.' ' ' Sec. 151. Every master and chief officer of any vessel,' and every physician of, or who practiced on; any vessel which shall ar- rive 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 ma'- endanger the public health of this City: and he shall re- port the facts as to any person being or having been sick thereon, T)f an infectious disease, and as to there beins- or having been, during the voyage or since her arrival, any infected person or articles thvreon. Sec. 152. No master, charterer, owner, part owner or consignee of any vessel, or any other person, shall bring to an}- 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, without or otherwise than according to a permit from the Board of Health, and no person 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 in- fection of any contagious disease, or have been or are liable to com- municate such disease, shall be destroyed by tire on said vessel. Sec. 153. No owner, agent, or consignee of any vessel, or cargo, and no officer of any vessel (in respect of either of which ves&el or i 4 o ORDINANCES OF THE CITY OF NEW YORK 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 caus< 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. Sec. 154. No captain, officer, consignee, owner or other person in charge of any vessel (or having right and authority to prevent the same) shall remove or ai.^Jn removing from any vessel to the shore (save as legally authorized by* the "Health Officer of the "Port of New York, and into quarantine grounds and -buildings only) an\ person sick of. or person that has been exposed to, and is liable very soon to develop an}- infectious disease, or so remove or aid in re moving any articles that may have been exposed to the contagion oi any such disease, except in accordance with a permit from the Board of Health. Sec. 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 therefrom, from any infected port, or any vessel, or person or article therefrom, liable to quaran- tine, according to the ninth section of the three hundred and fifty- eighth chapter o! 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 ac- cording 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-namei,->ted,jprofessionally, 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 par- .€.nts...the occupation of the father and the maiden name of the mother, aiul t ; ; report the same within ten days to the Department of Health. .3 >i»t Sec. . I.60,. -shall be the duty of the next of kin of any person ideoehfc', d\r:and -of each person being with such deceased person at his • ■oft - hea:-- death, .to report, in writing, to the Department of Health, within.:h\"e days after such death, the age, color, nativity, last occupa- tion and cause of death of such .deceased person and the place of such person's death and last residence. Physicians who have at- tended deceased persons in their last illness shall make and preserve a registry of such death, stating the cause thereof and specifying tlie 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 re- quirements of this section. . .. Every physician in said City shall register his or her name and j 4 «H ORDINANCES OF THE CITY OF MEW YORK address in the office of the Bureau of Records of said Department. Sec. 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 within 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. Sec. 162. No person shall make, prepare, deliver or issue any false certificate, statement or report of a birth, marriage or death, or any such certificate, statement or report, which is not in accordance with the facts of the birth, marriage or death: all certificates, state- ments and reports of births, marriages or deaths, shall be signed by the person purporting to make the. same, and no person shall sign or forge the name of another to any such certificate, statement or report. Transportation of Dead Bodies. Sec. 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 con- veyance, shall convey or allow to be conveyed thereon or by con 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 there of, without a permit therefor from the Board of Health. And the proper coupon for that purpose attached to any such permit, when issued, shall be preserved and returned to this Department, as its regulations may require, by the proper officer or person on each 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. Pro- vided, however, that the same effect shall be given, under this see • tion, to transit permits issued severally by Boards ol Health of cities, towns or villages in the Slate 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 sec- tion, to a transit permit issued under the laws of the State of New Jersey, as to a transit permit issued from this Board; subject, never- theless, in every case to all the care, precautions and diligence pre- scribed by the rules and regulations of this Department. And pro- vided, that the same effect be given, under this section, to a transit ORDINANCES OF THE CITY OF NEW YORK 149 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 prescribed by the rules and regulations of this Department. Sec. 164. No person shall retain, expose or allow to be retained or exposed, the dead body of any human being to the peril or prejn dice of the life or health of any person. Sec. 165. No person shall be allowed 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 (croup), scar let fever, yellow fever, typhus fever, plague, Asiatic cholera 01 measles, for a longer time than twenty-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. Sec. 166. It shall be the duty of every person who has discov ered 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 communicate 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, anc any facts known by which said body may be identified, or the caust of death ascertained. Cemeteries. Sec. 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 there for granted by the Board of Health, nor otherwise than in accordant therewith, 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 liquids therefrom ;and no sexton or other person shall assist in, or assent to, or allow any such interment, or aid or assist about prepar- ing any grave or place of deposit for any such body or as^st 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 Dpartment, as its regulations may require. Sec. 168. No new crematory, burying ground, cemetery, tomb or vault for dead human bodies shall be established, nor shall the re- mains 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 recepta^tes fee opened, exposed or disturbed, except according to the i5o ORDINANCES OF THE CITY OF NEW YORK 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 an}' closely ad- jacent street, exceot 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, bverage or other article for human consumption shall be sold, exposed or offered for sale in any cemetery or burying ground within The City of Xew York. Sec. 169. Every person who acts as a sexton or undertaker in the City of New Youk. 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 residence, and the nature of his or her charge and duties to be registered with this Department. Sec. 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 12 o'clock on Monday of each week, make return' to this Department of the bodies and persons buried or cre- mated since their last return, and in such form, and specifying such particulars, as the special regulations of this Department shall re- -quire. Coroners. Sec. 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 t" bold 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-: . r.,, The fact of any such call for the -holding of an. inquest, and by whom made, and where 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. 5! 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 sufficiently designating such place), and the hour.* 6 What physician, or physicians, or other professional pejson last attended such deceased person, or attended such person within forty-eight hours of such decease. At any time alter the commencement of any inquest, the Coro- ner holding or who should hold, or who held such inquest, shall with- in twelve hours after the receipt of a written request so to do from the Sanitary Superintendent, answer in writing such of the following ORDINANCES OF THE CITY OF NEW YORK. 151 or such other questions 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 the 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? i At what house or place, and in or near what street or ave nue, at what number therein did such deceased person die? 3. If such deceased person died of any poison, when and when was 'the same administrated, and what was the kind of poison? 4. If such deceased person died of violence, when and when was the same committed, and upon what part o,f. the body and or i' any soiled, or dirty S'lJcles of clothing or bedding. Sec. 175. . Every car used for the carrying of passengers in The City .pf.N ew York shall be constructed so as to provide and secure at all times good, adequate and sufficient ventilation. Sec. 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 running and opera- tion 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 four cars so operated and run for the carriage of passengers as aforesaid. Sec. 177. No conductor, driver, grip man or motonnan 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 of said City unless the means and appliances by which said car is operated 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 maxi- mum speed of operation; and no person, corporation, superintendent or other person who is interested in or who owns or lias the man- agement and control of any such car or vehicle, shall permit to b*e so run, pulled, drawn or propelled, or placed in service, unless properly provided with means and appliances as aforesaid. No conductor, driver, gripman or motorman of any railroad car or 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 -*vhich is dangerous or detrimental to life; and no person, corporation, ORDINANCES OF THE CITY OF NEW YORK 153 superintendent or other person who is interested 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. Spitting. Sec. 178. Spitting upon the sidewalk of any public street, avenue, park, public square or place, in The City of New York, or upon th< flbqf of any hall in any tenement house 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 there of or upon the floor of any theatre, store, factory or of any . building which is used in common by the public, upon the floor of any ferry boat, railroad car or other public conveyance, or up 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 corporations or persons owning or having the management or contrrl of any such building, store, factory ferryboat, railroad car or other public conveyance ferry house, depot or station, station plat form 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 management or control of such buildings, stores, factories, ferryboats, ferry houses, depots, 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 twenty-four hours; and spitting into the street from the ears, stairs, or plat forms of the elevated railroads is hereby forbidden. It is hereby made the duty of every corporation or person en- gaged in the manufacture of cigars, cigarettes or tobacco, or con- ducting the business of printing in The City of New York when- ten or more persons are employed on the premises, to provide prop- er receptacles for expectoration. Such receptacles are to be propor tion of one for every two persons so employed, they are to b< cleansed and disinfected at least once 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. Barber Shops. Sec. 179. Every barber shop in The City of New'Vork shall b< conducted in accordance with regulations adopted from time to tirn^ by the Board of Health. A copy of such regulations must be posted in a conspicuous place in every such barber shop. T54 ORDINANCES OF THE CITY OF NEW YORK Noise. • Sec 180. No person owning, occupying, or having charge of an> building or premises, shall keep or allow thereon or therein any ani- mal or bird, which shall by noise, disturb the quiet or repose of an> person therein or in the vicinity, to the detriment of the life or health of any human being. CHAPTER 15— THE BUILDING CODE. Providing for all matters concerning, affecting or relating to the onstruction, alteration or removal of buildings or structures erected >r to be erected in The City of Xew York, as constituted by the Greater New York Charter. Part 1— Short Title of this Ordinance. A Remedial Ordinance. Section 1. This ordinance to be known and cited as the Build- up Code, and presumptively contains the Building Law, except so far as such provision.^ 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 con- cerning, affecting or relating to the construction, alteration or re- moval of buildings or structures erected or to be erected in The City of Mew York, as constituted by the Greater New York Charter, ex- < pt so far as such provisions are contained in said Charter. Sec. 2. Building Code to be Construed Liberally — This ordi- nance is hereby declared to be remedial, and is to be construed liberal- ly to secure the beneficial interests and purposes thereof. Part 2 — Preliminary Requirements. Sec. 3. New Buildings and Buildings to Be Altered — No wall, structure, building or part thereof shall hereafter be built or con- structed, nor shall the plumbing or drainage of any building, struc- ture or premises be constructed or altered in The City of New York, except in conformity with the provisions of this Code. No building already erected, or hereafter to be built, in said City, shall be raised, altered, moved or built upon in any manner that would be in viola- tion of an}- of the provisions of this Code, or the approval issued thereunder. Sec. 4. Filing Plans and Statements — Before the erection, con- struction or alteration of any building or part of any building, struc- ture 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 build- ing, structure or premises is commenced the owner or lessee in con- ORDINANCES OF THE CITY OF NEW YORK. i$S hection with the proposed erection or alteration, shall submit to tin Commissioner of Buildings for the borough in which the premises- are situated, a detailed statement in triplicate of the specifications, on appropriate blanks to be furnished to applicants by the Department of Buildings, and a full and complete copy of the plans of such pro- posed work, and such structural detail drawings of said proposed work as the Commissioner of Buildings having jurisdiction may re quire, 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, wall," platform, ' staging or flooring. If such crectlorh "construction or alteration, plumbing or drainage or the alteration' thereof, is proposed to be made or executed by any other person than the owner or owners of the land in lee, the person or persons intending to make such erection or alteration, or to con struct such plumbing or drainage, shall accompany said detailed statement - of the specifications and copy of the plans, witnt'a'' "state- ment in writing sworn to as aforesaid, giving the full name" and resi- dence, street 'and number,' of the owner or owners of the rand, or proposed building; ; structure or proposed structure,' premises, ..wall platform', 'staging* .-or flooring either as owner, lessee or in any "repre- sentative capacity,'. ; and that lie or they are duly authorized to'p*'V l form said work. • Such statement may be ma.de by. the agent' or" archi- tect of the person' or persons hereinbefore required to make the samcT Any false swearing in a material point in any statement' submitted irf pursuance of the provisions of this section shall be deemed perjury, and shall be punishable as such. Said sworn statement and detailed statement of specifications and copy of the plans shall be kept ort. file in the office of the Commissioner of Buildings for the Borough where the premises to which they relate are situated, and the erec- tion, construction or alteration of said building, structure, wall, plat- form, staging or flooring, or any part thereof, and the construction or' alteration of the said plumbing or drainage, shall not be commence d or proceeded with until said statements and plans shall have been! so tiled and approved by the said Commissioner of Buildings, and the erection, construction or alteration of such building, structuri . platform, staging or flooring, and the construction or alteration of such plumbing or drainage when proceeded with shall be constructed in accordance with such approved detailed statement of specil tions 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 structun . wlu-re plans and detailed statements have been presented for the same before the entire plans and detailed statements of said build 156 ORDINANCES OF THE CITY OF NEW YORK. ng or structure have been submitted. Any approval which may be issued by a Commissioner of Buildings, pursuant to the provisions of this secton, but under which no work is commenced within one year from the time of issuance, shall expire by limitation. Ordinary re- pairs of buildings or structures, or of the plumbing or drainage thereof, may be made without notice to the Department of Buildings, 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 drain- age system, or the construction of any soil or waste pipe. The fore- going provisions arid 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 Buildings having jurisdiction, to ap- prove or reject any plan filed with him pursuant to the provisions )f this section, within a reasonable time. Sec. 5. Demolishing Buildings — When plans and detailed state- ments are filed in the Department of Buildings 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 tiled. In demolshing 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 storv shall be lowered to the ground immedi- ately upon displacement. The owner, architect, builder or contrac- tor for any building, structure, premises, wall, platform, staging or flooring to be demolished shall give not less than twenty-four hours' notice to the Department of Buildings of such intended demolition. Part 3 — Definitions. Sec. 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 tue 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 measurements 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. Sec. 7. Measurement of Width of Buildings — For the purposes of this Code, the greatest linear dimension of any building shall be considered its length and the next greatest linear dimension its width. Sec. 8. Private Dwellings, Definition of — A private dwelling ORDINANCES OF THE CITY OF NEW YORK, 157 Shall be taken to mean and include every building, which shall be in- tended 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 1$ 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. Two 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 here- after erected shall not cover more than 90 per cent, of the lot area. Sec. 9. Apartment Houses, Definition of — An apartment house shall be taken to- mean and include every building, which shall be in- tended 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 hereafter 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. Sec. 10. Hotels, 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 hav- ing a general public dining-room or cafe, or both, and containing more than 15 sleeping rooms above the first story, and be intended and used for business purposes, and not be located on any other than a corner lot or plot, it shall not cover in the aggregate more than 90 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 covering an area of not more than 3.000 square feet, it shall not occupy more than 95 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. Sec. 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 intended and used for busi- ness 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 covet- more than 90 per cent, of the lot area, at and above the second story level. ORDINANCES O F T 1 1 K G I T Y !•' N E W Y OR K Sec. 12; Frame Buildings, Definition of-- A frame building shall be taken to mean a building or structure of which the exterior waifs or a portion thereof shall be constructed of wood. Buildings sheathed w ith boards, and partially or entirely covered with 4 inches of brick work, shall be deemed to be frame buildings. Wood frame- covered! with metal shall be deemed to be wood structures. Part 4 — Quality of Materials. Sec. 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 thoroughly,, cleaned before being" used, and shall be whole and good. hard, well burnt brick. : .tirjr;, • Sec. 14. Sand — The sand used for mortar in all building.- shall be clean,, sharp grit sand, free from loam or dirt, and shall n<»t be- liner than the standard samples ke.pt in the office of the Departine'iiV of Buildings. : , , .. . . . . .: / - ' " Sec. 15.- Lime Mortar — Lime mortar shall be made of. c^q< part lime and not more than four parts of sand. All lime used for' mortal 4 shall be thoroughly burnt, of- good quality, and properly slaked be- fore it is mixed! -with the sand. :.. ~. : Sec. 16. Cement Mortar — Cement mortar -hall be made 6f ce merit and sand in the proportion of one part of cement and ftoF.more than three parts sand, and shall be used immediately after bang mixed. The cement and sand are to be measured and thoroughly mixing before adding water. !>,•* Cement-must be very finely ground and free from lumps. ; ; i; s . Cements classed as Portland cement shall be considered jo mean such cement as will, when tested neat, after, one .day sei jiw. ;.iir. be capable of sustaining without rupture a tensile strain . of ..at., le,a:st 120 pounds per square inch, and after one day in air and sjx day- in water be capable of sustaining without rupture a tensile strain- of at least 300 pounds per square inch. Cements other than Portland cement shall be considered to mean such cement as will, when te>te(l neat, after one day set in air, be capable of sustaining without rupture a tensile strain of at least 60 pounds per square inch, and after, one day in air and six days in water be capable of sustaining without rup. lure a tensile strain of at least 120 pounds per square inch. Said teste arc to be made under the supervision of the Commissioner of Ibtild- ings having jurisdiction, at such times as he may determine, and a record of all cements answering the above requirements shall be kept for public information. Sec. 17. Cement and Lime Mortar — Cement Aid lime mortar mixed shall be made of one part lime, one pan of cement and not more than three parts of sand to each. ORDINANCES OF THE CITY OF NEW YORK. Sec. 18. Concrete for foundations shall be made of at least one part of cement, two parts of sand and five parts of clean broken >tone, of such size so as to pass in any way through a two-inch ring, • >r good, clean gravel may be used in the same proportion as broken -tone. 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. Sec. 19. Quality of Timber — All timbers and wood beams used in any building shall be of good, sound material, free from rot, large and loose knots, shakes or any imperfection whereby the strength may be impaired, and be of such "size a*id dimensions as the pur- poses for which the building is intended require. Sec. 20. Tests of New Materials — New structural material of whatever nature shall be subjected to such tests to determine it 5 - character and quality, as the Commissioner of Buildings for the bor- ough in which the material is to be used shall direct; the tests shall be made under the supervision of said Commissioner, or he may di- rect the architect or owner to tile with him a certified copy of the results of tests, such as he may direct shall be made. Sec. 21. Structural Material; Wrought Iron — AH wrought iron shall be uniform in character, fibrous, tough and ductile. It shall have an ultimate tensile 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 20 per cent, in eight inches when tested in small specimens. Steel — All structural steel shall have an ultimate tensile strength of 54,000 pounds to 04,000 pounds per square inch, its elastic limit shall not be less than 32,000 pounds per square inch, and a mini- mum elongation of not less than 20 per cent, in eight inches. Rivet steel shall have an ultimate strength of from 50,000 to 58,000 pounds per square inch- Cast Steel — Shall be made of open hearth steel, containing one- quarter to one-half per cent, of carbon, not over eight one-hun- dredths of 1 per cent, of phosphorus and shall be practically free from blow-holes. Cast Iron — Shall be of good foundry mixture, producing a clean, tough, gray iron. Sample bars, five feet long, one inch square, cast in sand molds, placed on supports four feet six inches apart, shall bear a central load of 450 pounds before breaking. Castings shall be tree from serious blow-holes, cinder spots and cold shuts. Ultimate tensile strength shall be not less than 10,000 pounds per square inch when tested in small specimens. Part 5 — Excavations and Foundations. Sec. 22. Excavations — All excavations for buildings shall be joo ORDINANCES OF THE CITY OF NEW YORK properly guarded and protected so as to prevent the same from be- coming dangerous to life or limb, and shall be sheath-piled when necessary to prevent the adjoining earth from caving in, by the per son or persons causing the excavations to be made.. Plans filed in the Department of Buildings shall be accompanied by a statenum of the character of the soil at the level of the footings. Whenever an excavation of either earth or rock for building feet below the curb. If the neces- sary license is not accorded to the person or persons making such- excavation, then it shall be the duty of the owner refusing to grant Mich license to make the adjoining or contiguous wall or walls, structure or structures, safe, and support the same by proper foun- dations so that adjoining excavations may be made and shall be permitted to enter upon the premises where such excavation i> being made for that purpose, when necessary. If such excavation shall not be intended to be, or shall not be, carried to a depth <»t more than 10 feet beiow the curb, the owner or owners of such ad- joining 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 safe as before such excavation was commenced, and shall be permitted 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, and such party wall is in good condition and sufficient for the uses of the ad- joining building, then and in such case the person or persons caus- ing the excavations to be made shall, at his or their 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 preserve 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 oi Ruildings may enter upon the premises and employ such labor and ORDINANCES OF THE CITY OF NEW YORK. i6t fufrnish sitch materials, and take such steps as, in his judgment, may he necessary to make the same safe and secure, or to prevent the same from becoming unsafe or dangerous, at the expense of the per- son 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 main- tain 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 em- ployed 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 ex- pense, a retaining wall to support the adjoining earth; and such retaining wall shall be carried t » the height of the adjoining earth, and be protected by coping. The thickness of a retaining wall at its base shall be no less than one-fourth of its height. Sec. 23. Bearing Capacity of Soil- — Where no test of the sus- taining power of the soil is made, different soils, excluding mud. at the bottom of the footings, shall be deemed to safely sustain the fol- lowing 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 scptarc foot; very firm, coarse sand, stiff gravel or hard clay, four tons per square foot, or as otherwise determined by the Commissioner of Buildings having jurisdiction.. When 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 tiled in the De- partment of Buildings, When a doubt arises as to the safe sustain- ing power of the earth upon which a building is to be erected the Department 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. Sec. 24. Pressure Under Footings of Foundations — The loads exerting pressure under the footings of foundations in buildings of 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 purpose^ they are to be the full dead load and 7.*> per cent, of the live load established by section 130 of this Code. In churches, school houses and places of public amusement of assembly they are to be full dead load and. 75 per cent, of the live lead established by section 130 of this Code. i6_> ORDIXAXCES OF THE CITY OF NEW YORK. En office buildings, hotels, dwellings, apartment houses, tenement houses, lodging houses and stables they are to be the full dead load and GO 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 uni- form as possible and not in excess of the safe bearing capacity of the soil, as established by section 23 of this Code. Sec. 25- Foundations — Every building, except buildings erected upon solid rock or buildings erected Upon wharves and piers on the water front, shall have foundation of brick, stone, iron, steel or con- crete laid not less than 4 feet below the surface of the earth, on the solid ground or level surface of rock, or upon piles or ranging tim- bers when solid earth or rock is not found. Piles intended to sus- tain a wall, pier or post shall be spaced not more than 36 or less than 20 inches on centres, and they shall be driven to a solid bear- ing, if practicable to do so, and the number of such piles shall be sufficient to support the superstructure proposed. Xo pile shall be used of less dimensions than 5 inches at the small end and 10 inches at the butt for short piles, or piles 20 feet or less in length, and 12 inches at the butt for long piles, or piles more than 20 feet in length. No nile shall be weighted with a load exceeding 40,000 pounds. When a pile is not driven to refusal, its safe sustaining power shall be determined by the following formula: Twice the weight of the hammer in tons multiplied by the height of the fall in feet divided by the 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 low- est water line. When required, concrete shall be rammed down in the interspaces between the beads of the piles to a depth and thick- ness of not less than 12 inches and for one foot in width outside of the piles. Where 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 1 ."> tons to the square foot when carried down to rock; 10 tons to the square foot when carried down to firm gravel Ordinances of the city of new vork. or hard clay; 8 tons to the square loot in open caissons or >heet pile trenches when carried down to rock. Wood piles may he useid 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 without other foundation. Sec. Foundation Walls — Foundation walls shall be construed to include all walls and piers built below the curb level, or nearest tier of beams to the curb, to serve as supports for walls, piers, col- umns, 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 8 inches thicker than the wall next above them to a depth of 12 feet below the curb level; and for every additional 10 feet, or part there- of, deeper, they shall be increased 4 inches in thickness. If built of brick, they shall be at least 4 inches thicker than the wall next above them to a depth of 12 feet below the curb level; and for every addi- tional 10 feet, or part thereof, they shall be increased 4 inches in thickness. The footing or base course shall be of stone or concrete, or both, or of concrete and stepped-up brick work, of sufficient thick- ness and area to safely bear the weight to be imposed thereon- If the footing or base course be of concrete, the concrete shall not be less than 12 inches thick. If of stones, the stones shall not be less than 2 by feet, and at least 8 inches in thickness for walls; and not less than 10 inches in thickness if under piers, columns or posts; the footing or base course, whether formed of concrete or stone, shail be at least 12 inches wider than the bottom width of walls, and at least 12 inches wider on all sides than the bottom width o*f said piers, columns or posts. If the superimposed load is such as to cause un- due transverse strain on a footing projecting 12 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 foot- ing 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 use 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 3 inches, offsetting the first course of brickwork, back one-half the thickness of the concrete base, so as to properly dis- tribute the load to be imposed thereon. If. in place of a continuous foundation wall, isolated piers are to 164 ORDINANCES OF THE CITY OF NEW YORK. 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 Buildings 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 provided with sep- arators and bolts inclosed and Idled solid between with concrete, and of such sizes and so arranged as to transmit with safety the superimposed loads. All stone walls 24 inches or less in thickness shall have at least one header extending through the wall in every 3 feet in height from the bottom of the wall, and in every 3 feet in length, and if over 24 inches in thickness, shall have one header for every 6 superficial feet •on both sides of the wall, laid on top of each other to bond together, and running into the wall at least 2 feet. All headers shall be at least 12 inches in width and 8 inches in thickness, and consist of good flat stones. 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 G inches. Stones shall be (irmly bedded in cement mortar and all spaces and joints thoroughly Riled. Part 6 — Walls, Piers and Partitions. Sec. 27. Materials of Wails — The walls of all buildings, other than frame or wooden buildings, shall be constructed of stone, brick, Portland cement concrete, iron, steel or other hard, incombustible material and the several component parts of such buildings shall be as herein provided. All buildings shall be inclosed on all sides with independent or party walls- Sec. 28. Walls and Piers — In all walls of the thickness specified in this Code, the same amount of materials may be used in piers and buttresses. Hearing 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 30 per centum area of flues and openings, the said wall shall be increased four inches in thickness for every 15 per centum, or frac- tion thereof, of flue or opening area in excess of 30 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 ORDINANCES OF THE CITY OF NEW YORK. 165 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 be- fore 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 of brick, containing less than 9 superficial feet at the base, supporting 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 30 inches apart in height have built into it a bond stones may conform with the kind of stone used for the trimmings of 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 5 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 where a 4-inch bond stone is placed immediately below said cap stone, in which case the cap stone may be reduced in horizontal di- mensions at the discretion of the Commissioner 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 thickness provided for brickwork. In all brick walls every sixth course shall be a headlong 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 continuous row of headers. Where face brick is used of different 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. All bearing walls faced with brick laid in running bond shall be 4 inches thicker than the walls are required to be under any section of this Code. Sec- 29. Ashlar — Stone used for the facing of any building, and known as ashlar, shall not lie less than 4 inches thick. Stone ashlar shall be anchored to the barking and the backing shall be of such thickness as to make the walls, independent of the j66 ORDINANCES OF THE CITY OF NEW YORK. ashlar, conform as to the thickness with the requirements of sections 31 and 32 of this Code, unless the ashlar be at least 8 inches thick and bonded into 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. Sec. 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 pronibit the use, in cold weath- er, of a small proportion of lime to prevent the mortar from freez- ing. 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 back of the ashlar may be parged with lime mortar to prevent discoloration of the stone. bee. 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, tenements, parish buildings, schools, laboratories, studios. The walls above the basement of dwelling houses not over three stories and basement in height, nor more than 10 feet in height, and. not over 20 feet in width, and not over 55 feet in depth, shall have side and party walls not less than 8 inches thick, and front and rear Avails not less than 12 inches thick. All walls of dwellings exceeding 20 feet in width and not exceeding 40 feet in height, shall be not less than 12 inches thick. All walls of dwellings 23 feet or less in width between bearing walls whieh are hereafter erected or which may be altered to be used for dwellings and being over -10 feet in height and not over 50 feet in height, shall be not less than 12 inches thick above the foundation wall. No wall shall be built having a 12-inch thick portion measuring vertically more than 50 feet. If over 50 feet ill height and not over 125 feet in height, the walls shall not be less than 24 inches thick in the story next above the foundation walls and from thence not less than 12 inches to the top. If over GO feet in height and not over 75 feet in height, the walls shall be not less than 10 inches thick above the foundation walls to the height of 25 feet, or to the nearest tier of beams to that height, and from then not less than 12 inches thick to the top. If over 75 feet in height and not oyer 100 feet in height, the walls shall be not less than 20 inches thick above the foundation walls to the height of 40 feet, or to the near- ORDINANCES OF THE CITY OF NEW YORK. est tier of beams to that height, thence not less than 16 inches thick to the height of 75 feet, or to the nearest tier of beams to that height, and not less than 12 inches thick to the top. If over 100 feet in height and not over 125 feet in height, the walls shall not be less than 24 inches thick above the foundation walls to the height of 40 feet or to the nearest tier of beams to that height, thence not less than 20 inches thick to the height of 75 feet, or to the nearest tier of beams to that height, thence not less than 16 inches thick to the height of 110 feet, or to the nearest tier of beams to that height, and thence not less than 12 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 28 inches thick above the foundation walls to the height of 30 feet, or to the nearest tier of beams to that height; thence not less than 24 inches thick to the height of 65 feet, or to the nearest tier of beams to that height; thence not less than 20 inches thick to the height of 100 feet, or to the nearest tier of beams to that height, thence not less than 16 inches thick to the height of 3 35 feet, or to the nearest tier of beams to that height, and thence not less than 12 inches thick to the top. If over 150 feet in height, each additional 30 feet in height or part thereof, next to the foundation walls, shall be increased 4 inches in thickness, the upper 150 feet of wall re- maining the same as specified for a wall of that height- All non-fireproof dwelling houses erected under this section, ex- ceeding 26 feet in width, shall have brick fore-and-aft partition walls. All non-bearing walls of buildings hereinbefore in this section speci- fied may be 4 inches less in thickness, provided, however, that none are less than 12 inches thick, except as in this Code specified. Eight- inch partition walls may be built to support the beams in such buildings in which the distance between the main or bearing walls is not over 33 feet; if the distance between the main or bearing walls is over 33 feet the brick partition wall shall not be less than 12 inches thick; provided, that no clear span is over 26 feet. No wall shall be built having any one thickness "measuring vertically more than 50 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 26 feet between walls, in such dwellings as are not considered fireproof, nor to exhibit 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 constructed fireproof. If the clear span is to' be over 2(> feet, then the bearing walls shall be increased 4 inches in thickness for every 12 x /2 feet or part thereof that said span is over 2(5 feet, or shall have, instead of increased thickness., such piers or buttresses as. in the 168 ORDINANCES OF THE CITY OF NEW YORK. judgment of the Commissioner of Buildings having jurisdiction, may be necessary. Whenever two or more dwelling houses shall be constructed not over 12 feet 6 inches in width, and not over 50 feet in height, the alternating centre wall between any two such houses shall be of brick, not less than 8 inches thick above the foundation wall, and the ends of the floor beams shall be so separated that 4 inches of brick- work will be between the beams where they rest on the said centre wail. Sec. 32. Walls for Warehouses — The expression "walls for warehouses" shall be taken to- mean and include in this class walls for the following buildings: 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 sta- tions, court houses, observatories, foundries, machine shops, public assembly buildings, armories, churches, theatres, libraries, museums. The walls of all warehouses, 25 feet or less in width between walls or bearings, shall not be less than 12 inches thick to the height of 40 feet above the foundation walls. It over 40 feet in height, and not over 60 feet in height, the walls shall not be less than J 6 inches thick above the foundation walls to the height of 40 feet, or to the nearest tier of beams to that height, and thence not less than 12 inches thick to the top. If over 60 feet in height, and not over 75 feet in height, the walls shall not be less than 20 inches thick above the foundation walls to the height of 25 feet, or to the nearest tier of beams to that height, and thence not less than L6 inches thick to the top. If over 75 feet in height, and not over 100 feet in height, the walls shall not be less than 24 inches thick above the foundation walls to the height of 40 feet, or to the nearest tier of beams to that height; thence not less than 20 inches thick to the height of 75 feet c to the nearest tier of beams to that height, and thence not less than 16 inches thick to the top. It over 100 feet in height, and nut over L25 feet in height, the walls shall be not less than 28 inches thick above the foundation walls to the height of 40 feet, or to the ncaicsi tier of beams to that height; thence not less than 24 inches thick to the height of 75 feet, or to the nearest tier of beams to that height; thence not less than 20 inches thick to the height of 110 feet, or to the nearest tier of beams to that height, and thence not less than 16 inches thick to the top. If over 125 feet in height, and not oyer j."0 feet, the walls shall not be less than :J2 inches thick above the foundation walls to the height of 30 feet, or to the nearest tier of beams to that height; thence not less than 28 inches thick to the ORDINANCES OF THE CITY OF NEW YORK. 169 height of 65 feet, or to the nearest tier of beams to that height; thence not less than 24 inches thick to the height of 100 feet, or to t'he near- est tier of beams to that height; thence not less than 20 inches thick to that height of 135 feet, or to the nearest tier of beams to that height; and thence not less than 16 inches thick to the top. If over 150 feet in height, each additional 25 feet in height, or part thereof next above the foundation walls shall be increased 4 inches in thick- ness, the upper 150 feet of wall remaining the same as specified for a wall of that height. If there is to be a clear span of over 25 feet between the bearing walls, such walls shall be 4 inches more in thickness than in this sec- tion specified, for every i2 l / 2 feet, or fraction thereof, that said walls are more than 25 feet apart, or shall have instead of the increased thickness such piers or buttresses as, in the judgment of the Commis- sioner of Buildings, may be necessary. The walls of building of a public character shall not be 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 Buildings having jurisdiction, may be necessary to make a safe and substantial building. In all stores, warehouses and factories over 25 feet in width between walls there shall be brick partition walls, or girders supported on iron, steel or wood columns, or piers of masonry. In all stores, warehouses and factories, in case iron, steel or wood girders, supported by iron, steel or wood columns or piers or masonry, are used in place of brick partition walls, the building may be 75 feiet 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 wider nor, deeper, nor to cover a greater area, except in the case oi fireproof buildings. An area greater than herein stated may, con- sidering location and purpose, be allowed by the Board of Buildings when the proposed building does not exceed 3 stories in height. Sec. 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, without a cross-wall or proper piers or but- tresses, shall have the side or bearing walls increased in thickness 4 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 dwellings are over 105 feet in depth. Sec. 34. Reduced Thickness for Interior Walls — In case the walls of any building are less than 25 feet apart, and less than 40 feet in i;o ORDINANCES OF THE CITY OF NEW YORK. depth, or there are cross-walls which intersect the walls, not more than 40 feet distant, or piers or buttresses built' into walls, the interior Avails may be reduced in thickness in just proportion to the number of cross-walls, piers or buttresses, and their nearness to each other: pro- vided, however, that this clause shall not apply to walls below 60 feet in height, and that no such wall shall be less than 12 finches thick at the top, and gradually increased in thickness by setoffs to the bottom. The Commissioner of Buildings having jurisdiction is hereby author- ized and empowered to decide (except where herein otherwise pro- vided for) how much the walls herein mentioned may be permitted to be reduced in thickness, according to the peculiar circumstances of each case, without endangering the strength and safety of the building. Sec. 35. One-story Brick Buildings — One-story structures not ex- ceeding a height of 15 feet may be built with 8-inch walls when the bearing w^alls are not more than 19 feet apart, and the length of the 8- inch bearing walls does not exceed 55 feet. One-story and basement extensions may be built with 8-inch walls when not over 20 feet wide. 20 ieet deep and 20 feet high to dwellings. Sec. 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 not be less than 12 inches thick for 75 feet of the uppermost height thereof, or to the nearest tier of beams to that measurement, in any building so constructed, and every lower section of 60 feet, or to the nearest tier of beams to such vertical meas- urement, or part thereof, shall have a thickness of 4 inches more than is required for the 'section 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. Sec. 37. Curtain Walls built in between piers of iron or steel col- umns 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 to that height. Sec. 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, ma'y be used, if in good condition, for the ordinary uses of party walls, pro- vided the height of the same be not increased. Sec. 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 ORDINANCES OF THE CITY OF NEW YORK. not less than 4 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 hav- ing 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 «ach other, the old walls being first cleaned of plaster or other coat- ings where any lining is to be built against the same. No rubble wall shall be lined except after inspection and approval by the Department. Sec. 40. Walls of Unfinished Buildings — Any building, the erection of which was commenced in accordance with specifications 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 completed or built upon in accordance with the requirements of law. as to thickness of walls, in force at the time when such spe- cifications and plans were approved. Sec. 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 permission of the Commissioner of Buildings having jurisdiction, but this prohibition shall not include the inclosure walls for skeleton buildings. The front, rear, side and partv 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 part}' walls not less than sixteen inches, and into the front and rear walls, so as to secure the front and rear w-alls to the side or party walls when not built or 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 beam-^ snail! be safely anchored with plank or joist to the beams of the story below until the building is inclosed. Sec. 42. Arches and Lintels — Openings for doors and windows 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 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 j 7 -> QRDIN A N C K S O F T 1 1 K C 1 T V O F N K W Y O R K . of the wall to be supported, there sliall he timber lintels which shall r^st 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 lintels rests on the walls; pro- vided 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. Sec. 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 thickness and carried two feet above the roof, but for warehouses, factories, stores and other buildings used for commercial 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. Sec. 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. Sec. 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 dimensions of ordinary bricks. Where hollow tile or porous terra-cotta blocks arc used as lining or furring for walls, they shall not be included in the measurement of the thickness of such walls. Sec. 46. Recesses and Chases in Walls — Recesses for stairways 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 alvoces, and similar purposes shall have not less than 8 inches of brickwork at the back ot such recesses, and such recesses shall be not more than 8 feet in width, and shall be arched over or spanned with iron or steel lintels, and not carried up higher than 18 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, ORDINANCES OF THE CITY OF NEW YORK. and in no wall more than one-third of its thickness. The chases around said pipe or pipes shall be filled up with solid masonry for the space of I foot at the top and bottom of each story. No horizontal recess or chase in any wall shall be allowed exceeding 4 feet in length without permission of the Commissioner of Buildings having jurisdiction. 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 6 feet from any other recess in the same wall. Sec. 47. Furred Walls — In all walls furred with wood, the brick- work 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. Sec. 48. Light and Vent Shafts — In ever}- building hereafter erected or altered, all the walls or partitions forming interior light or vent shafts shall be built of brick or such other fireproof 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 3 fetH 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 car- ried not less than 2 feet above the roof, covered with a ventilating skylight of metal and glass. Sec. 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 por- tions a measurement of 50, 36 and 24 feet, respectively, and in their horizontal measurement a length not exceeding 75 feet, unless strengthened by proper crosswalls. piers or buttresses, or boiit in if n or steel framework. All such partitions shall be carried on pr< per foundations, or on iron or steel girders, or on iron or steel girders and columns or piers of masonry. Sec. 50. Cellar Partitions in Residence Buildings — One line of fore- and-aft partitions in the cellar or lowest story, supporting stud parti- tions above, in all residence buildings over 20 feet between bearing walls in the cellar or lowest story, hereafter erected, shall be con- structed of brick, not less than 8 inches thick, or piers of brick with openings 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 spanning the distance between bearing walls are used, ot adequate strength to support the stud parti- tions above in addition to the rioor load to be sustained by the said 174 ORDINANCES OF THE CITY OF NEW YORK. iron or steel beams, then the fore-and-aft brick partition, or its equiv- alent, may be omitted. Stud partitions, which may be placed in the cellar or lowest Stoty of an}' building, shall have good, solid, stone or brick foundation walls under the same, which shall he built up to the top of the floor beams or sleeper-, and the sills of said partitions shall be of locust or other suitable hard wood; but if the walls are built live inches higher of brick than the top of the floor beams or sleepers, any wood- en sill may be used on which the studs shall be set. Sec. 51- Main Stud 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 cm 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 with suitable incombusti- ble materials. Sec. 52. Timber in Walls Prohibited — Xo 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 8- inches in length. Part 7 — Apartment Houses, Tenement Houses and Dwellings of Cer- tain Heights, Sec. 58. 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 con- structed fireproof in such manner as required in section 10G of this Code. When any such non-fireproof building exceeding live stories in height or having a basement and five stories in height above a cel- lar has a store on the first story, the entire second story floor shall also be constructed fireproof. Xo non-fireproof apartment,, house, tenement house or dwelling house shall be hereafter erected more than six stories in height, nor exceed a height of 75 feet, unless such building has both the first and second floors constructed fireproof, and then the height shall be not more than seven stories nor exceed 85 feet in height. Fireproof apartment houses or tenement houses, if constructed 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 exceeding 79 feet in width, and 125 feet, but net more than ten stories in height upon all streets and avenues not exceeding 70 feet in width, but any such building, when ORDINANCES OF THE CITY OF NEW YORK. 175 exceeding 100 feet in height, shall be not less than -JO feet in width. If any such building shall have a frontage exceeding 40 feet and ex- ceeds 85 feet in height, it shall have at least two separate fir ep foot stairways accessible from each apartment, leading from ihe 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 enclosed 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 fire-- proof and be roofed over with fireproof material, and be also inclosed with brick walls, with self-closing fireproof doors at the top and bot- tom of said flight 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 under- neath the first story staircase, but the space thereunder shall be left entirely open and kept free from incumbrance, but this shall not pro- hibit the .inclosing without openings of the under portions of the staircase from the foot of the same to a point where the height from the floor line to the soffitt of the staircase shall not exceed 5 feet. All non-fireproof apartment houses and tenement houses exceed- ing five 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 twelv-inch brick walls. Eight-inch brick walls not exceeding 50 feet in their vertical measurement may inclose said walls and sfairs, and be used as bearing walls where the distance between the outside bearing walls does not exceed ?>?> 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 marie of iron, steel, brick, stone, tile, cement or other hard incombustib!e materials, excepting that the flooring and sleepers underneath the same may be of wood and the handrails of the stairs may be of hard wood, and the treads may be of oak not less than 1 5-8 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, < r covered with metal. At least one flight of such stairs in each of >aid buildings shall extend to the roof, 176 ORDINANCES OE THE CITY OF M'.W YORK. and l>c inclosed in a bulkhead 1)nilt of fireproof materials. The said halls and stairways shall have a connecting fireproof hallway inelo>ed with suitable walls of brick or such other fireproof materials, includ- ing the ceiling in all cases, as may be approved, by the Commission- er of Buildings having jurisdiction, in the first story and extend to the street. Part 8 — Vaults, Areas and Cellars. Sec. 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. Sec. 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 road- May of the street, and the side, end or party walls of such buildings shall extend under the sidewalk, of sufficient thickness, to such wall. The roofs of all vaults shall be of incombustible material. Openings in the roofs of vaults for the admission of coal or light, or for man- holes, 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 16 square inches or with iron covers having a rough sur- face, and ribbeted flush with the sidewalk. 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. Sec. 56. Areas — All areas shall be properly protected with suit- able railings or covered over. When areas are covered over, iron or iron and glass combined, stone or other incombustible materials shall be used and supported on brick oir stone walls or on iron or steel beams. Sec. 57. Cellar Floors — The floor of the cellar or lowest story in every dwelling house, apartment house, tenement house, lodging house, hotel, workshop, factory, school, church, hospital and asylum hereafter erected, shall be concreted not less than four inches thick- Where wood floors are to be laid in such cellars or lowest stor- ies, the sleepers shall be placed on top of the concrete. Sec. 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 ether fireproof covering as may be approved by the Commissioner of Buildings having jurisdiction. ORDINANCES OF THE CITY OF NEW YORK. i77 Part 9 — Wood Beams, Girders and Columns. Sec. .">*.). Wo6d 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 4 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 :i 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 4 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 4 inches in the wall, or upon a girder, as authorized 1)}- this code. The ends of all wood floors and roof beams, where they rest on brick walls, shall be cut to a bevel of 3 inches on their depth. In no case shall either end of a floor er 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 betw r een bridging or between bridging and walls shall not exceed 8 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 chimney. The trimmer beam shall not be less than 8 inches from the inside face of a flue, and 4 inches from the outside of a chimney breast, and the headers beam not less than 2 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 8 inches in thickness, the trimmer beam shall be not less than 12 inches from the inside of the flue. The header beam, carrying the tail beams of a floor, and supporting the trimmer arch in front of a fireplace, shall be not less than 20 inches from the chimney breast. The safe carry- ing capacity of wood beams for uniformly distributed loads shall be determined by multiplying the area in square inches by its depth in inches and dividing this product by the span of the beam in feet. This result is to be multiplied by 70 hemlock, 90 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 resistenee to shear in accordance with the units stresses fixed by section 139 of this Code. Sec. 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 6 feet apart, with good, strong, wrought iron anchors of not less than V/z inches by Y% of an inch in size, well fastened to. the side of the beams by two or more nails made of wrought iron at least % of an inch in diameter. Where the beams 1/8 ( ) R I ) I X A X C KS ( ) F T H K C I T V O F X EW Y O R K. arc 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 distance 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 12 inches and be well spiked or bolted together where lapped. Each tier of beams front and rear, opposite each pier, sh&i_ hard-wood anchor strips dovetailed into the beams diagonally, which strips shall cover at least 4 beams and be 1 inch thick and 4 inches -wide, but no such anchor strips shall be let in within 4 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. Sec. 6i. Wood Columns and Plates — All timber columns shall be squared at the ends perpendicular to their axis. 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. Sec. 62. Timber for Trusses — When compression members of trusses are of timber they shall be strained in the direction 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 strusses established in section 1.39. this Code. Sec. 63. Bolts and Washers for Timber Work — All bolts used 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. Part 10 — Chimneys, Flues, Fireplaces and Heating Pipes. Sec. 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 20 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 not be less than the* width of the chimney breast. Wood centres under trimmer arches ORDINANCES OF THE CITY OF XFAY YORK. i79 shall bo 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 incom- bustible mantels. No wood mantel or other woodwork shall be ex- posed back of a summer piece; the ironwork of the summer piece shall be placed against the back or stone work of the fireplace. No fireplace shall be closed with a word llreboard. Sec. 65. Chimneys, Flues and Fireplaces — All fireplaces and chim- neys in stone or brick walls in any building hereafter erected, except as herein otherwise provided, and any chimney or flue hereafter al- tered or repaired, without reference to the purpose for which they may be used, shall have the joints struck smooth on the inside except where lined on the inside with pipe. Xo parging mortar shall be used on the inside of any fireplace, chimney or flue. The firebacks of all fireplaces hereafter erected shall be not less than 8 inches in thick- ness, of solid masonry. When a grate is set in a fireplace a lining of firebrick, at least 2 inches in thickness, shall be added to the fireback, unless soapstone, tile or castiron is used, and filled solidly behind with fireproof 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 8 inches in thickness, and shall be capped with terra-cotta, stone or castiron. The inside 4 inches of all boiler flues shall be firebrick, laid in fire mortar, for a distance of 25 feet in any direction from the source of heat. All smoke flues of smelting 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 wajls, the inside of the flues to be of firebrick. All smoke flues shall extend at least 3 feet above a flat roof, and at least 2 feet above a peak roof. On dwelling houses and stables, three stories or less in height, not less than six of the top courses of a chimney may be laid in pure cement mortar and the brickwork carefully bonded and anchored together in lieu of coping. Tn 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 in- side, frbia the boftom of the flue, or from the throat of the fireplace, if the iiue 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 fit close together, and the pipe shall be built in as the flue or flues are carried up. Each smoke pipe shall be inclosed on all sides with not less than 4 inches of brickwork properly bonded together. i8o ORDIXAXCES OF THE CITY OK NEW YORK. All flues in every building shall be properly cleaned and all rub- bish removed, and the flues left smooth on the inside upon the com- pletion of the building. Sec. 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 8 inches from the wall, and in all such cases the corbeling shall consist of at least five courses or brick, but no cobeling more than 4 inches shall be allowed in 8-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 12 inches on the face, properly bonded into the walls. When a chimney is to be cut off be- low, in whole or in part, it shall be wholly supported by stone, brick, iron or steel. All chimneys which shall be dangerous in any manner whatever, shall be repaired and made safe, or taken down. Sec. 67. Chimneys or Cupolas — Iron cupola chimneys or foun- dries shall extend at least 10 feet above the highest point of any roof within a radius of 50 feet of such cupola, and be covered on top with a heavy wire netting. No woodwork shall be placed within 2 feci of the cupola. Sec. 68. Hot Air Flues, Pipes and Vent Ducts — All stone or brick hot air flues and shafts shall be lined with tin, galvanized iron or burnt-clay pipes. No wood casing, furring or lath shall be placed against any smoke flue or metal pipe used to convey hot air or steam. No smoke pipe shall pass through any wood floor. No stove- pipe shall be placed nearer than 9 inches to any lath or board parti- tion, ceiling or any woodwork. Smoke pipes of laundry stoves, large cooking ranges and of furnaces shall be not less than 15 inches from any wood work, unless they are properly guarded by metal shields; if so guarded, stovepipes shall be not less than 6 inches dis- tant, smoke pipes of laundry stoves, large cooking ranges and of fur- naces shall be not less than o inches distant from any wood work. Where smoke pipes, pass through a lath and plaster partition they shall be guarded by galvanized iron ventilated thimbles at least 12 inches larger in diameter than the pipes, or by galvanized iron thim- bles built in at least 8 inches of brickwork. No smoke pipe shall pass through the roof of any building unless a special permit be first ob- tained 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 manner: A galvanized iron ventilated thim- ble of the following dimensions shall be placed; in case of a stove- pipe, the diameter of the outside guard shall not be less than 12 inches and the diameter of the inner one, 8 inches, and for all furnaces, or where similar large hot fires are used, the diameter of the outside ORDINANCES OF THE CITY OF NEW YORK. guard shall be not less than 18 inches and the diameter of the inner one, 12 inches. The smoke pipe thimbles shall extend from the tinder side of the ceiling or roof beams to at least 9 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 ventilated thimble, same as before specified, 36 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 convej' heated air. shall be covered with brick or stone at least 4 inches in thickness. Woodwork near hot-air pipes shall be guarded in the following manner: A hot-air pipe shall be placed inside an- other pipe, 1 inch larger in diameter, or a metal shield shall be placed not less than one-half inch from the hot-air pipe; the outside pipe or the metal shield shall remain 1 1-2 inches away from the woodwork and the latter must be tin lined, or in lieu of the above protection. 4 inches of brickwork may be placed between the hot-air pipe and the woodwork. This shall not prevent the placing of metal lath and plas- ter directly on the face of hot-air pipes or the placing of woodwork on such metal lath or plaster, provided 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 8 feet distant in a horizontal direction from the furnace. Hot-air pipes in closets shall be double, with a space of 1 inch between them. Hori- zontal hot-air pipes shall be placed 6 inches below the floor beam- or ceiling; if the floor beams or ceiling are plastered and protected by a metal shield, then the distance shall be not less than 3 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 incombustible material, and shall not be placed nearer than 1 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 inflamable material shall be nearer than 2 inches to said Hues 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 be- tween the flues or ducts and the lath and plaster. Sec. 69. Steam and Hot Water Heating Pipes — Steam or hot water heating pipes shall not be placed within 2 inches of any other timber or woodwork, unless the timber or woodwork is protected by a metal shield; then the distance shall not be lcs> than 1 inch. All Steam or hot water heating pipes passing through floors and ceilings. ORDINANCES OF THE CITY OF NEW YORK. -or lath and plastered partitions shall be protected by a metal tube 1 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. Part ii — General Construction. Sec. 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. Sec. 71. Studded-off Spaces — Where walls are studded-off, the space between the inside face of the wall and the studding shajl be fire-stopped with fireproof material placed cn the under side of the wood beams above, for a depth oi not less than 4 inches, and be se- curely supported; or the beams directly over the studded-off space shall be defended with not less than 4 inches of fireproof material, which may be laid on boards cut in between the beams. Sec. 72. Wainscoting — When wainscoting is used in any building hereafter erected, the surface of the wall or partition behind such wainscoting shall be plastered flush with the grounds and down to the Hoor line. Sec. 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 1 foot beyond the building line and shall oe constructed of such materials and in such manner as will meet the approval of the Department of Buildings. Any such window that does not extend more than 3 feet above the second-stor3 r floor of any dwelling-house may be built of wood covered with metal. Part 12 — Stairs and Entrance. Sec. 74. Entrance to Basement — Every dwelling-house arranged 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. Sec. 75. Stairs. Number Regulated by Area of Building — In any building hereafter erected to be used as a store, factory, hotel or lodg- ORDINANCES OF THE CITY OF NEW YORK. 185 ing-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 covered, or part thereof, in excess of that required for 5,000 feet area. When any such building covers an area of lot greater than 15,000 feet the number of stairs shall be increased proportionately, or as will meet with the approval of the Commissioner of Buildings having, jurisdiction. Sec. 76. Engineer's Stationary Ladders — Every building in which, boilers or machinery are placed in the cellar or lowest story shall have stationary iron ladders or stair from such story leading direct to a manhole above on the sidewalk, or other outside exit. Sec. 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 or 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 4 inches square in same, of adequate strength and fas- tened to strings. In case such supporting plates be made solid, the treads may be of oak, not less than 19^ inches thick. • Part 13 — Skylights and Floor Lights. Sec. 78. Metal Skylights — All skylights having a superficial area of more than 9 square feet, placed in any building, shall have th'e sashes and frames thereof constructed of iron and glass. Ever}'' fire- proof roof hereafter placed on any builcling shall have besides scut- tle 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 passageway or room of public resort, shall have immediately underneath the glass thereof a wire netting, unless the glass contains a wire netting within itself. Sec. 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 16 squars inches,, the glass shall be provided 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. Part 14 — Inclosure and Shed Coverings for the Protection of Pedes^ trians. Sec. 80. Inclosure and Shed Coverings for the Protection of Pe- destrians — Whenever buildings shall be erected or increased to over 65. i8 4 ORDINANCES OF THE CITY OF NEW YORK. feet in height, upon or along any street, the owner, builder or con- tractor 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 constructed, so as to protect pedestrians and others using such streets. Whenever out- side scaffolds are required to carry on the construction of buildings over 85 feet in height, whether the same be constructed by pole, or thrust-out scaffold, there shall be erected on its outer edge and ends an inclosure of wire netting of not over 2-inch mesh, or of boards not less than 34-inch thick, placed not over 1^2 inches apart, well secured to uprights not less than 2 inches by 4 inches, fastened to planks or timbers and resting on put logs or thrust outs. The said inclosure shall be carried up at least 5 feet in advance above the level on which the workmen employed on said front are working. The said thrust outs shall not be less than 3 by jo, 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 proportioed to the load. The flooring on thrust-outs and put logs shall be tightly constructed with plank. The 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 85 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 arc carried up two stories Or 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 24 -inch niesh, on stout timbers, and properly se- cured. All such sheds and inclosures are to be subject to the inspec- tion 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 responsibility for damage done to persons or property on or within the premises affected. Should such inclosure or protection not be so erected, the Commissioner of Buildings having jurisdiction shall <:ause a notice to be served personally upon the owner, or his author- ized agent, constructing or repairing such buildings, or the owner, ten- ant or lessee of adjoining premises, requiring such inclosure or pro- tection, as provided in this section, specifying the manner in which the same shall be erected; and if such inclosures or protections are not erected, strengthened or modified as provided in such notice within three days after the service thereof, the said Commissioner of Build- ORDINANCES OF THE CITY OF NEW YORK. 185 ings 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 a> now provided for in section 156 of this Code. Part 15 — Miscellaneous Buildings. Sec. 81. Grain Elevators — Nothing in this Code shall be so construed as to apply or prevent the erection of what are known as grain elevators., as usually constructed, provided they are erected on tidewater, or adja- cent to river front in said City, in isolated • localities, under such condi- tions as the Department of Buildings may prescribe, including location. Sec. 82. Exhibition Buildings — Buildings for fair and exhibition pur- poses, towers for observation purposes and structures for similar uses, whether temporary or permanent in character, shall be constructed in sucl* manner and under such conditions as the Board of Buildings may pre- scribe. Sec. 83. Smokehouses — All smokehouses shall be of fireproof con- struction, with brick walls, iron doors and brick or metal roofs. An iron guard shall be placed over and three feet above the lire, and the hanging rails shall be of iron. The walls of all smokehouses shall be built 1111 at ka>t three feet higher than the roof of the building in which the) are located. . Part 16 — Heating Apparatus, Drying Rooms, Gas and Water Pipes- Sec. 84. Heating Furnaces and Boilers — A brick-set boiler shall not be placed on an} - wood or combustible floor or beams. Wood or com- bustible" Moors and beams under and not less than 3 feet in front and 1 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 24 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 foundation 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. 4 inches high; said pan shall be in width not less than the base of the boiler and shall extend at least 2 feet in front of it. If a boiler is supported on a cast-iron base with a bottom of the required thickness of an ash pan, and is placed on bearing lines of brick in the same manner as specified for an ash pan. then the 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 4 feet in front of all boilers shall be shielded with metal The distance from the top of the boiler to said shield shall nol be less 186 ORDINANCES OF THE CITY OF NEW YORK. than 12 inches. No combustible partition shall be within 4 feet of the sides and back and 6 feet from the front of any boiler, unless said partition shall be covered with metal to the height of* at least 3 feet above the floor, and shall extend from the end or back of the boiler to at least 5 feet in front of it; then the distance shall be not less than 2 feet from the sides and 5 feet from the front of the boiler. All brick hot-air furnaces shall have two covers, with an air space of at least 4 inches between them; the inner cover of the hot-air chamber shall be either a Tbrick arch fir two courses of brick laid on galvanized iron or tin, sup- ported on iron bars; the outside cover, which is the top of the furnace, jshall bo made of brick or metal supported on iron bars, and so constructed sis to be perfectly tight, and shall not be less than 4 inches below any combustible ceiling or flc )or beams. The walls of the furnace shall be built hollow in the following manner: One inner and one outer wall, <>ach 4 inches in thickness, properly bonded together with an air space of not less than 3 inches between them. Furnaces must be built at least 4 inches from all woodwork. The cold-air boxes of all hot-air furnaces •shall be made of metal, brick or other incombustible material, for a distance of at least to feet from the furnace. All portable hot-air fur- naces shall be placed 2 feet Irom any wood or combustible partition «>r ceiling, unless the partitions and ceilings are properly protected by a metal shield, when the distance shall be not less than 1 foot. Wood floors tinder all portable furnaces shall be protected by two courses of brick Work well laid in mortar or sheet iron. Said brickwork shall extend at least 2 feet beyond the furnace in front of the ash pan. Sec. 85. Registers — Registers located over a brick furnace shall be supported by a brick shaft built up from the coyer of the hot-air cham- ber; said shaft shall be lined with a metal pipe, and all wood beams shall be trimmed away not less than 4 inches from it. Where a register is placed on any woodwork in connection with a metal pipe or duct, the end of said pipe or duct shall be flanged over on the wood work under at. All registers for hot-air furnaces placed in any wood work or com- bustible 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 top to fit the groove in the frame, the register *o rest upon the same; there shall be an open space of 2 inches on all sides of the register box, extending from the under side of the border to and through the ceiling below. The said opening shall be fitted with 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 3 inches. When only one register is connected with a furnace said register shall have no valve. Sec. 86. Drying Rooms — All walls, Ceilings and partitions inclosing drying rooms, when not made of fireproof material, shall be wire lathed ORDINANCES OF THK CITY OF XEW^'ORK. 187 and plastered., or covered with metal, tile or other hard incombustible material. Sec. 87. Ranges and Stoves — Where a kitchen range is placed front T2 to 6 inches from a wood stud partition, the said partition shall be shielded with metal from the floor to the height of not less than 3 feet higher than the range; if the range is within 6 inches of the partition, then the studs shall he cut away and framed 3 feet higher and ] 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 3 inches or more above their base, shall be set on suitable 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 apart- ment houses that have ash pans 3 inches or more above their base, which shall be placed on at least one course of brick work on sheet iron or cement. No range shall be placed against a furred wall. All lath and plaster or wood ceilings over all large ranges and ranges in hotels and restaurants, shall be guarded by metal hoods placed at least 9 inches below the ceiling. A ventilating pipe connected with a hood over a range shall be at least 9 inches from all lath and plaster or woodwork and shielded. If the pipe is less than 9 inches from lath and plaster and woodwork, then the pipe shall be covered with 1 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 24 inches on all sides of them. All stoves for heating purposes shall be properly supported on iron legs resting on the floor 3 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 18 inches. A metal shield shall be placed under and 12 inches in front of the 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 '6 inches above the base of the stove and metal guard plates placed 4 inches below the burners, and all woodwork under them shall be covered with metal. Sec. 88. Notice as to Heating Apparatus— In cases where hot water, steam, hot air or other heating appliances or furnaces are hereafter placed in any building, or flues or fireplaces are changed or enlarged, due notice shall first be given to the Department of Buildings by the person or per- sons placing the said furnace or furnaces in said building, or by the eon- tractor or superintendent of said work. Sec. 89. Gas and Water Pipes— Every building, other than a dwell ing house, hereafter erected, and all factories, hotels, churches, theatres, schoolhouses and other buildings of a public 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 l£8 ORDINANCES OI r THE CITY OF NEW YORK. 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 pipes which may be introduced into any buildings shall be let into the beams unless the same l>e placed within 36 inches of than 2 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 feet below any ceiling or woodwork, unless the same is properly pro- tected by a shield, in which case the distance shall be not less than 18 inches. No swinging or folding gas bracket shall be placed against any stud partition or woodwork. Xo gas bracket on any lath and plaster partition or woodwork shall be less than 5 inches in length, measured from the burner to the plaster surface or woodwork. Gaslights placed near window curtains or any other combustible material shall be protected by a proper shield. Part 17 — Roofs, Leaders, Cornices, Bulkheads, Scuttles and Tanks. Sec. 90. Mansard Roofs — If a mansard or other roof of like char- acter having a pitch of over 60 degrees be placed on any building, except .a wood building, or a dwelling house not exceeding three stories nor more than 40 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 3 inches thick, and covered with metal, slate or tile. Sec. 91. Cornices and Gutters — On all buildings hereafter erected within the fire limits, the exterior cornices, inclusive of those on show Avindows, 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 plank- ing 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 Jill 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 con- structed 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 7iiaterial, but if not damaged to the extent of one-half, the same may be repaired with the same kind of material of which they were originally constructed. Sec. 92. Bulkheads on Roofs and Scuttles — Bulkheads used as in- closures for tanks and elevators, and coverings for the machinery of eleva- tors 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 thickness ORDINANCES OF THE CITY OF NEW YORK. 189 of the studding with such material, and covered on all outside surfaces with metal, including both surfaces and edges of doors. All such build- ings shall have scuttles or bulkheads covered with some fireproof mate- rials, with ladders or stairs leading thereto, and easily accessible to all occupants. Xo scuttle shall be less in size than ^t wo by three feet. No staging or stand shall be constructed or occupied upon the roof of any buildings without first obtaining the approval of the Commissioner of Buildings having jurisdiction. Sec. 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 4 inches in diameter, fitted with a suitable valve having a level or wheel handle to same, so that firemen or ethers can readily discharge the weight of the fiuid contents from the tank, in case of necessity. Such tanks shall be placed where prac- ticable 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. Sec. 94. Roofing and Leaders Within the Fire Limits — The plank- ing 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, iron 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 ftot less than 10 gallons 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 build- ing shall be made of some fireproof material. No wood building within the fire limits more than two stories or above 20 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 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. Tn no case shall the water 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 street upon which such buildings front, then the water .from said leader shall be con- ORDINANCES OV THE CITY OF NEW YORK ducted by proper pipe or pipes, below the surface of the sidewalk to the street gutter. Part 18 — Elevators, Hoistways and Dumbwaiters. See. 95. Elevators and Hoistways — In any building in which there shall be any hoistway or freight elevator or well hole not inclosed in walls constructed of brick or other fireproof material and provided with hreproof 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 ele- vator, the same shall be constructed so as to form a substantial floor sur- face 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 hoistways or hoistway shafts, elevators and well- holes 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 usC; and the 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 the same. Sec. 96. Elevator Inclosures — All elevators hereafter placed in any building, except such fireproof buildings as have been or may be here- after erected, shall be inclosed in suitable walls of brick or with a suit- able framework of iron and burnt clay fillings, or of such other fireproof material and forms of construction as may be approved by the Depart- ment of Buildings, except that the inclosure walls in non-fireproof build- ing 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 used as bearing walls, they may be 8 inches in thickness or not more than 50 feet of their uppermost height, and increasing in thickness 4 inches for each lower 50 feet portion or part thereof. Said walls or construction shall extend through at least 3 feet above the roof. All openings in the said walls shall be provided with fireproof shutters or fireproof doors, made solid for 3 feet above the floor level, except that the doors used for openings in buildings intended for the occupancy ©1 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 t'te shaft, made of glass set in iron frames. When the shaft does not extend to the ground the lower end shall be inclosed in fireproof material. Sec. 97. Dumb-waiter Shafts— All dumb-waiter shafts, except such ORDINANCES OF THE CITY OF NEW YORK. 191 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 strengthened with metal dowels, or such other hreproof material and form of composition as may be approved by the Commissioner of Build- ings having jurisdiction. Said walls or construction shall extend at least 3 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 with 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. Sec. 98. Elevators in Staircase Inclosures — Open grillwork inclosures for passenger elevators, not extending below the level of the first floor, may be erected in staircase inclosures in buildings where the 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. Sec. 99. Elevators in Existing Hotels — In every non-fireproof build- ing 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, con- structed and arranged as in this Code required for elevator shafts. Sec. ico. Screen Under Elevator Sheaves — Immediately under the sheaves at the top of every elevator shaft in any building shall be pro- vided and placed a substantial grating or screen of iron or steel, of such construction as shall be approved by the Department of Buildings. Sec. 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 with a view to safety, and shall also prescribe 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 elevators to be made without delay by the owner or lessee. In case defects are found to exist which endanger the 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 first be obtained from said Department that such elevator has been made safe. No person shall employ or permit any person to be in charge of* running any pas- senger elevator who does not possess the qualifications prescribed there- for. Every freight elevator or lift shall have a notice posted conspicu- ously thereon as follows: "Persons riding on this elevator do so at their own risk." 102 ORDINANCES OF THE CITY OK XKW YORK. Part 19 — Fire Appliances, Fire Escapes and Fireproof Shutters and Doors. Sec. 102. In every building now erected, unless already provided with a 3-inch or larger vertical pipe, which exceeds 100 feet in height, and in every building hereafter to be erected exceeding 85 feet in height, and when any such building does not exceed 150 feet in height, it shall be provided with a 4-inch standpipe. running from cellar to roof, with one two-way 3-inch Siamese connection, to be placed on street above curb level, and one 2^-inch outlet, with hose attached thereto on each floor, placed as near the stairs as practicable, and all buildings now erected, unless already provided with a 3-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 extinguishers, hooks, axes and such other appliances as may be required by the Fire Depart- ment — all to be of the best material and of sizes, patterns and regula- tion kinds used and required by the Fire Department. In every such building 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 2 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 elevators 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 2 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 4-inch cast-iron drain pipe with the street sewer. Standpipes shall not be less than 6 inches in diameter 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 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, and other appliances provided for in this section shall be kept in perfect working order, and once a month the person in charge of -aid building shall make a thorough inspection of the same t<> 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 ORDINANCES OF THE CITY OF NEW YORK'. 193 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 connection with said standpipe or pipes, 2^-inch per- forated iron pipes placed on and along the ceiling line of each floor below the first floor, and extending to the full depth of the building. Said perforated pipe shall be provided 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 25 feet or less in width, two lines of perforated pipe shall be provided and one line additionally for each \2 l / 2 feet or part thereof that the building is wider than 25 feet. A suit- able ircn plate with raised letters shall be fastened to the wall near said standpipe, to read : "This standpipe connects to perforated pipes in the cellar." Sec. 103. Fire Escapes — Every dwelling-house occupied by or built to be occupied by three or more families, and every building 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 15 sleeping-rooms above the basement story, and every fac- tory, mill, manufactory or workshop, hospital, asylum or institution for the care or treatment of individuals, and every building three stories and over in height used or occupied as a store or workroom, 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, stair- ways 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 discover any fire escape, bal- cony or ladder of any fire escape incumbered in any way to forthwith report the same to the commanding officer of his company or precinct', and such 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 benotified, 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 forthwi 1 of such incumbrance, and keeping said fire escape, balcony or Iadd< r free from incumbrance, then it shall be the duty of said commanding officers to apply to the nearest police magistrate for a warrant for. the arrest of the occupant or occupants of the said premises or apartments 194 ORDINANCES OF THE CITY OF NEW YORK. 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 con- viction, 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 con- structing 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 follows : "Notice — Any person plac- ing any incumbrance on this balcony is liable to a penalty of ten dollars and imprisonment 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 bulk- head is used in place of a scuttle it shall have stairs with sufficient guard or hand-rail leading to the roof. Iii case the building shall be a tenement- house the door in the bulkhead or anv scuttle shall at no time be locked, but may be fastened on the inside by movable bolts or hooks. Sec. 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 30 feet in width, or where no other buildings are within 30 feet of such openings. 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 the woodwork of the windows and doors, or two 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 he 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 build- ing 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, ORDINANCES OF THE CITY OF MEW YORK. 195 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 shutters, doors and blinds at the close of the business of each day. Part 20— Fireproof Buildings. Sec. 105. Fireproof Buildings — Every building hereafter erected or altered, to ue used as a hotel, lodging-house, school, theatre, jail, police station, hospital, asylum, institution for the care or treatment of persons, the height of which exceeds 35 feet, 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 75 feet, except as herein otherwise provided, shall be built fireproof ; 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 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 building 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 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 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 wood covered with metal. The inside window frames and sash, 'door, trim and other interior finish may be of wood covered with metal; or wood treated by some process ap- proved 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 0:1 wood sills, nor on wood floor boards, but be built upon the fireproof con- struction of the floor and extend to the fireproof beam fitting above. The tops of all door and window openings in such partitions shall be at least twelve inches below the ceiling line. ig6 ORDIXAXCES OF THE CITY OF NEW YORK. Sec. 106. Fireproof Floors — Fireproof floors shall be constructed with wrought iron or steel beams so arranged as to spacing and length of beams that the load to be supported by them, together with the weights of tUe materials 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 spring- ing 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 rJ4 inches for each foot of span between the beams, and they shall have a thickness of not less than 4 inches for spans of 5 feet or less and 8 inches for spans over 5 feet, or such thickness as may be required by the Board of Buildings. Said brick arches shall be composed of good, hard brick or hollow brick of ordinary dimensions laid to a line on the centres, properly and solidly bonded, each longitudinal line of brick break- ing joints with the adjoining lines in the same ring and with the ring under it when more than a 4-inch arch is used. The brick shall be well wet and the joints under it filled in solid with cement mortar. The arches shall be well grouted and properly keyed. Or the space between the beams may be rilled 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 sectional 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 1^4 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 arches are segmental, having a rise of not less than 1*4 inches for each foot of span, the depth of the tile shall not be less than 6 inches. The joints shall be solidly filled with cement mortar as required for common brick arches and the arch so •constructed that the key block shall always fall in the central portion. The shells and webs of all end construction blocks shall abut, one against the other. Or the space between the beams -may be filled with arche6 of Portland cement concrete, segmental in form, and which shall have a rise of not less than 1^4 inches for each foot of span between the beams. The concrete shall not be less than 4 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 steel, 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, ORDINANCES OF THE CITY OF NEW YORK. 197 brick, or concrete 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 wrought iron or steel bars, but in any such construction and as a precedent condition to the same being used, tests shall be made as herein provided by the man- ufacturer 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 De- partment of Builidngs, showing the nature of the test and the result of the test. Such tests shall be made by constructing within inclosure walls a platform consisting of four rolled steel beams, 10 inches deep, weigh- ing each 25 pounds per linear foot, and placed four feet between the centres, and connected by transverse tie-rods, and with a clear span of 14 feet from the two interior beams and with 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 tilling; and subjecting the platform so constructed to that 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 platform 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 60 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 ob-pound pressure to the bottom of the platform for five minutes, and after a total load of 600 pounds per square foot uniformly 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 here- tofore made of any system of fireproof floor filling and protection of the exposed parts of the beams may be presented to the Board of Build- ings; and if the same be satisfactory to said Board it be accepted as 198 ORDINANCES OF THE CITY OF NEW YORK. 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 temporarily covered with suitable material for protection from being frozen. On top of any arch, lintel or other device which does not extend to and form a horizontal line with the top of the said floor beams, cinder concrete, or other suitable fireproof material shall be placed 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 boards in case such be used. Temporary centering when used in placing fireproof systems be- tween floor beams, shall not be removed within twenty-four hours or until such time as the mortar or material has set. All fireproof floor systems shall be of sufficient 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 be used for the filling between the beams under the provisions 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 of 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 pur- poses, 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. Sec. 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 fire- proof floor, shall be protected with not less than 2 inches of fireproof material, securely applied. The extreme outer edge of lugs and brackets and similar supporting metal may project within seven- eighths of an inch of the surface of the fireproofing. Part 21 — Public Buildings, Theatres and Places of Assemblage. Sec. 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, amusement or instruction, and including depart- ment stores and other business and manufacturing buildings where large numbers of people are congregated, the halls, doors, stairways, seats, passageways and aisles, and all lighting and heating appliances ORDINANCES OF THE CITY OF NEW YORK. 199 and apparatus shall be arranged as the Department of Buildings shall direct to facilitate egress in case 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 performance, service, exhibition, lecture, concert, ball or any public assemblage. The Commissioner of Build- ings having jurisdiction may at any time serve a written or printed notice upon the owner, 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 con- tained shall be construed to authorize or require any other alteration to theatres existing prior to June 9, 1885. than are specified in this section. Sec. 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 entertainment of any kind, hereafter erected for the accommodation of more than three hundred 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 hereafter erected not in conformity with the requirements of this section, shall be used for theatrical or operatic purposes, or for public entertainment 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 opened to the public for theatrical or operatic purposes, or for public entertainment 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 25 feet in width. In addition to the aforesaid entrances and exits on the street there shall be re- served for service in case of an emergency an open court or space in the rear and on the side not bordering 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 10 feet where the seating capacity is not over one thou- sand people, above one thousand and not more than eighteen hundred people, 12 feet in width, and above eighteeen hundred people, 14 feet 200 ORDINANCES OF THE CITY OF NEW YORK. in width. Said open court or courts shall extend the full length and height of the building and across on each side and near thereof whexe its sides or side does not abut on the street or alley, and shall be of the same width at all points, and exits hereafter specified shall lead into 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 ami entrance from and to the audi- torium and stage, and must be kept free and clear during perfor- mances. The level of said corridors at the front entrance to the build- ing shall be not greater than the one step above the level of the side- walk where they begin at the street entrance. The entrance of the main front of the building shall not be on a higher level from the side- walk than four steps, unless approved by the Department of Build- ings. To overcome any difference of level in and between courts, cor- ridors, lobbies, passages and aisles on the ground floor, gradients shall be employed of not over I foot in 12 feet, with no perpendicular rises. From the auditorium openings 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 5 feet in width in the clear and provided with doors or iron or wood; if of wood, the doors shall be constructed as herein- before in this Code described. All of said doors shall open outwardly, and shall be fastened with movable bolts to be kept drawn during per- formances. There shall be balconies not less than 6 feet in width in said 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 8 1-2 inches to a step and not less than 9 inches tread, exclusive of the nosing. The staircase from the upper balcony to the next below shall not be less than 48 inches in width clear, and from the first balcony to the ground 4 fe*et in width in the clear where the seating capacity of the auditorium is for one thousand people or less, 4 feet 6 inches in the clear where above one thousand and not more than eighteen hundred people, and 5 feet in the clear where above eighteen hundred people and not more than twenty-five hundred people, and not over 5 feet 6 inches in the clear where above twenty-five hundred people. All the before-mentioned balconies and staircases shall be constructed of iron throughout, in- cluding the floors, and of ample strength to sustain the load to be car- ried by them, and they shall be covered with a metal hood or awning, to be constructed in such manner as shall be approved by the Depart- ment of Buildings. Where one side of the building borders on the ORDINANCES OF THE CITY OF NEW YORK. 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 25 feet in width, be used for offices, stores or apartments, pro- vided the walls separating this portion from the theatre proper are carried up solidly to and through the roof, and that a fireproof exit opening on opposite sides in each tier, equal to the combined width of exits opening on opposite sides in each tier, communicating with the balconies and staircases leading to the street in manner provided elsewhere in this section; said exit passage shall be entirely cut off by brick walls from said offices, 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 purposes being placed above a theatre or public building, provided the floor of the same forming the roof over such theatre or building shall be con- structed 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 sup- ports 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 work- shop, storage or general property room shall be allowed above the auditorium or stage, or under the 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 lodg- ing house, factory, workshop or manufactor}' or for storage purposes, except as may be hereafter specially provided 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 therewith. 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 in any articles desig- nated hazardous in the classification of the New York Board of Fire Underwriters, or for manufacturing purposes. No lodging accom- modations shall be allowed in any part of the building communicating with the auditorium. Interior walls built of fireproofing materials shall separate the auditorium from the entrance vestibule, and from 202 ORDINANCES OF THE CITY OF NEW YORK. any room or rooms over the same, also from lobbies, corridors, re- freshment or other rooms. All staircases for the use of the audience shall be inclosed with walls of brick, or of fireproof materials ap- proved 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 flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such door. A firewall, built of brick, shall separate the auditorium from the stage. The same shall extend at least 4 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 constructed an orches- tra 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 from the auditorium side of said wall. The molded frame around the proscenium shall be formed entirely of fire- proof materials; and if metal be used, the metal shall be filled in solid with non-combustible material and securely anchored to the wall with iron. The proscenium opening shall be provided with a fireproof metal curtain, or a curtain of asbestos or other fireproof material ap- proved by the Department 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 6 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 said performance, and be operated by approved machinery for that purpose. The pro- scenium curtains shall be placed at least 3 feet distant from the foot- lights at the nearest point. No doorway or opening through the pro- scenium 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 skylight 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 shall not be used in lieu of this requirement. All that por- ORDINANCES OF THE CITY OF NEW YORK. 20J 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 gird- ers 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 composed of iron or steel beams, filled with fireproof material, and no wood boards or sleepers shall be used as covering over beams, but the said floors shall be entirely fireproof. The rigging loft shall be fireproof. All stage scenery, curtains and decorations made of combustible material, and all woodwork on or about the stage, shall be painted or satu- rated with some non-combustible material or otherwise rendered safe against fire, and the finishing coats of paint applied to all woodwork throughout 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 superstructure over the entrance, lobby and corridors, and all galleries and supports for the same in the auditorium shall be constructed of iron or steel 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, ex- cepting a portion under the stepping in the galleries, which shall be properly fire stopped, shall be solidly filled with incombustible ma- terial up to under side of the floor 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 en- tirely 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 vesti- bule 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 ex- ceed 6 feet, which shall be filled in solid between the wainscoting and the wall with fireproof materials. The walls separating the actors' dressing rooms from the stage and the partitions dividing the dress- ing rooms together with the partitions of . every passageway from the same to the stage, 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 shall be fireproof. 204 ORDINANCES OF THE CITY OF NEW YORK. All shelving and cupboards in each and every dressing room, prop- erty room or other storage rooms shall be constructed of metal, slate or some fireproof material. Dressing rooms may be placed in the fly galleries, provided that proper exits are secured therefrom to the fire escapes in the open courts, and that the partitions and other mat- ters pertaining to dressing rooms shall conform to the requirements herein contained, but the stairs leading to the same shall be fireproof. All dressing rooms shall have an independent exit leading into a court or street, and shall be ventilated by windows in the external walls and no dressing room shall be below the street level. All windows shall be arranged to open, and none of the windows in the outside w r alls shall have fixed sashes, iron grills or bars. All seats in the au- ditorium excepting those contained in boxes, shall be not less than 32 inches from back to back, measured in a horizontal direction, and firmly secured to the floor. No scat 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 galle- ries formed to receive the seat shall not be more than 21 inches in height or riser, nor less than 32 inches in width of platform. All aisles on the respective floors of the auditorium shall be not less than 3 feet wide where they begin, and shall be increased in width toward the exits in a ratio of 1 1-2 inches to 5 running feet. The foyers, lob- bies, corridors, passages and rooms for the use of the audience, not including aisles spaced between seats, shall, on the first or main floor, where the seating capacity exceeds five hundred or more, be at least 16 feet clear, back of the last row of seats, and on each balcony or gallery at least 12 feet clear of the last row of seats. Gradients or inclined planes shall be employed instead of steps where possible to overcome slight difference or level in or between aisles, corridors and passages. Every theatre accommodating three hundred persons shall have at least two exits; when accommodating five hundred per- sons, at least three exits shall be provided; these exits not referring 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 5 feet in width, and for every additional one hundred per- sons or portions thereof to be accommodated, in excess of five hun- dred, an aggregate of 20 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 pass- age or corridor, and no such doors shall be closed and locked during any representation, or when the building is open to the public. Dis- tinct 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 floor of the auditorium and the first gallery, pro- ORDINANCES OF THE CITY OF NEW YORK. 205 vided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery. No passage leading to any stairway communicating with any entrance or exit shall be less than 4 feet in width in any part thereof. All stairs within the building shall be constructed of fireproof materal 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 flight. Stairways serving for the exit of fifty people shall be at least 4 feet wide between railing, or between walls, and for every additional fifty people to be accommodated 6 inches must be added to their width. The width of all stairs shall be meas- ured in the clear between hand rails. In no case shall the risers of any stairs exceed 7 1-2 inches in height, nor shall the treads, exclu- sive of nosings, be less than 10 1-2 inches wide in straight stairs. No circular or winding stairs for the use of the public shall be permitted. Where the seating capacity is for more than one thousand people, there shall be at least two independent 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 oppo- site sides of said galleries. Where there are more than two galleries one or more additional staircases shall be provided, the outlets from which shall communicate directly with the principal exit or other 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 cases 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 stairways leading to the upper, galleries of the auditorium shall be inclosed on both sides with walls of fireproof materials. Stairs leading to the first or lower gallery may be left open on one side, in which case they shall be constructed as herein provided for similar stairs leading from the entrance 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 re- turn 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 2 feet, to avoid angles. Stairs turning at an angle shall have a proper landing without winders intro- duced 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^ 2o6 ORDINANCES OF THE CITY OF NEW YORK. flights. All stairs shall have proper landings introduced at convenient distances. All inclosed staircases shall have, on both sides, strong hand rails firmly secured to the wall about 3 inches distant therefrom and about 3 feet above the stairs, but said hand rails shall not run on level platforms and landings where the same is more than the width of the stairs. All staircases 8 feet and over in width shall be provided with a centre hand rail of metal, not less than 2 inches in diameter, placed at a height of about 3 feet above the centre of the treads, and supported on wrought metal or brass standards of sufficient strength, placed not nearer than 4 feet nor more than 6 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 6 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 fireproof materials. All doorways in said walls shall have fireproof doors. No floor register for heating shall be permitted. Xo coil or radiator shall be placed in any aisle or passageway 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 pro- tected where passing through doors or near woodwork. Standpipes 4 inches in diameter shall be provided with hose attachments on every floor and gallery as follows: 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 standpipes shall be kept clear from obstruction. Said standpipes shall be separate and distinct, re- ceiving their supply of water direct from the power pump or pumps, and shall be fitted with the regulation couplings of the Fire Depart- ment, 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 im- mediate use at all times during the performance in said building. In addition to the requirements contained in this section, the standpipes shall also conform to the requirements contained 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 con- nected in any manner with the standpipes, shall be placed each side of the proscenium opening and on the ceiling or roof over the stagie at such intervals as will protect every square foot of stage surface ORDINANCES OF THE CITY OF NEW YORK. 207 when said sprinklers are in operation. Automatic sprinklers shall also be placed, wherever practicable, 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 100 feet in length, fitted with the regu- lation 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 di- rect. 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 pro- vided hand pumps or other portable fire extinguishing apparatus and at least four axes and two 25-foot hooks, two 15-foot hooks, and two 10-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 corri- dors, 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 supply- ing 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 suitable, appliances, to be approved by the Department of Buildings, shall be provided. All suspended or bracket lights surrounded by glass in the 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 with proper wire net work. The foot- lights in addition to the wire net work shall be protected with a strong wire guard and chain, placed not less than two feet distant from said footlights, and the trough containing said footlights, shall be formed of and surrounded by fireproof materials. All border lights shall be constructed according to the best known methods, and sub- ject to the approval of the Department of Buildings, and shall be sus- pended for 10 feet by wire rope. All ducts or shafts used for conduct- ing 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 have strong metal wire guards or 208 ORDINANCES OF THE CJTV OF NEW YORK. screens, not less than 10 inches in diameter, so constructed that any material in contact therewith shall be out of reach of the said stage lights, and must be soldered to the fixtures in all cases. The stand- pipes, gas pipes, electric wires, hose, footlights and all apparatus for the extinguishing of fire or guarding against the same, as in this sec- tion specified, shall be in charge and under control of the Fire Depart- ment, and the Commissioner of said Department is hereby directed to see that the arrangements in respect thereto are carried out and en- forced. A diagram or plan of each tier, gallery or floor, showing distinctly the exits therefrom, each occupying a space not less than 15 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 8 inches high. , Sec. 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 Su- perintendent of Buildings. Part 22 — Iron and Steel Construction. Sec. no. Skeleton Construction — Where columns are used to support iron or steel girders carrying inclosure walls, the said col- umns shall be of cast iron, wrought iron, or rolled steel, and on their exposed outer and inner surfaces be constructed to resist fire by hav- ing a casing of brickwork not less than 8 inches in thickness on the cuter surfaces, nor less than 4 inches in thickness on the inner sur- faces, and all bonded into the brickwork of the inclosure walls. The exposed sides of the iron or steel girders shall be similarly 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 or beams, or plates or angles connected to the beams, may project to within 2 inches of the outside surface of the brick casing, the inside surfaces of girders may be similarly covered with brick- work, or if projecting inside of the wall, they shall be protected by terra cotta, concrete or other fireproof material. Girders for the sup- port of the inclosure walls shall be placed at the floor line of each story. Sec. in. 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 diameter, except as modified by section 138 of this Code, and also except in such cases "as the Commissioners of Buildings may specially allow a greater uri- ORDINANCES OF THE CITY OF NEW YORK. 209 supported 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 cannnot be used, a connection of plates and angels 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-six- teenth 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 gyration of the parts connected does not exceed forty; the distance between nearest rivets of two stay plates shall in this case be considered 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 difference 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. Sec. 112. Cast Iron Columns — Cast iron columns shall not have less diameter than 5 inches, or less thickness than 1/4 inch. Nor shall they have an unsupported 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 flanges, seats and lugs shall be of ample strength, reinforced by fillets and brackets ; they shall be not less than 1 inch in thickness when finished. All columns must be faced at the ends to a true surface per- pendicular to the axis of the column. Column joints shall be secured by not less than four bolts each, not less than Y\ 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 6 inches, or a joint plate may be inserted of sufficient strength to distribute the load. The thickness of metal shall be not less than one- twelfth the diameter or the greatest lateral dimension of cross section, 2io ORDINANCES OF THE CITY OF NEW YORK. but never less than inch. Wherever the core of a cast iron column has shifted more than one-fourth the thickness of the shell, the strength shall be computed assuming the thickness of metal all around equal to the thinnest part, and the column shall be condemned if this computa- tion shows the strength to be less than required by this Code. Wherever blowholes or imperfections are found in a cast iron column which re- duces the area of the cross section at that point more than 10 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 bottom tier of columns to properly distribute the load on the foundation. Shoes shall be planned on top. Sec. 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 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 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 1 inch shorter than the inner columns, or such other iron or steel column of sufficient strength and protected with not less than 2 inches of fireproof material securely applied, except that double or protected columns shall not be required for walls fronting on streets or courts. Sec. 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 tlfrckness of the wall to be sup- ported 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. Sec. 115. Plates Between Joints of Open Back Columns — Iron or steel posts or columns, with one or more open sides and backs, shall have solid iron plates on top of each, excepting where pierced for the passage of pipes. Sec. 116. Steel and Iron Girders — Rivets in flanges shall be placed so that the least value of a rivet for either shear or bearing is equal or ORDINANCES OF THE CITY OF NEW YORK. 211 greater than the increment of strain due to the distance between adjoin- ing 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 com- pression. Stiffeners shall be provided over supports and other concen- trated loads ; they shall be of sufficient length, as a column, to carry the loads, and shall be connected with a sufficient number of rivets to transmit the stresses into the web plate. Stiffeners shall fit so as to support the flanges of the girders. If the unsupported depth of the web plate exceeds sixty times its thickness, stiffeners shall be used at intervals not exceeding one hundred and twenty times the thickness of the web. Sec. 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 5 feet. All beams 12 inches and over in depth shall have at least two bolts to each separator. Sec. 118. Cast Iron Lintels — Cast iron lintels shall not be used for spans exceeding 16 feet. Cast iron lintels of beams shall be not less than three-quarters of an inch in thickness in any of their parts. Sec. 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 10 inches thick, or upon cast iron plates of equal strength by the full size of the bearings. In case the opening is less than 12 feet, the stone blocks may be 5 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 section 139 of this Code. Sec. 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 12 inches and under. Channels or other shapes, where used as skew-backs, shall have a suf- ficient resisting 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 shall be used, with rivets or bolts to correspond. Anchors shall be provided at the ends of all such beams bearing on walls. Sec. 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. 212 ORDINANCES OF THE CITY OF NEW YORK. 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 sec- tion 139 of this Code. When rolled iron or steel floor beams, not exceed- ing 6 inches in depth, are placed not more than 30 inches on centres, no templates shall be required. Sec. 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 thick- ness, 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, provided for in section 139 of this Code, be exceeded. Sec. 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 : Five-eighths of an inch for one-half-inch rivets. Seven-eighth of an inch for five-eighths-inch rivets. One and one-eighth of an inch for three-fourths-inch rivets. One and three-eighths of an inch for seven-eighths-inch rivets. One and one-half of an inch for i-inch rivets. Wherever possible, however, the distance shall be equal to two diam- eters. All rivets, wherever practicable, shall be machine driven. The rivets in connections shall be proportioned 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 times the least thickness of the outside member. All holes shall be punched accurately, so that upon assembling a cold rivet will enter the 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 whenever required, of sufficient thickness and size to accom- modate the number of rivets necessary to make a connection. Sec. 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 ORDINANCES OF THE CITY OF NEW YORK. 2i£ shall be of sufficient length to allow the nut to be screwed up tightly. When bolts go through bevel flanges, bevel washers to match shall be used, so that the head and nut of bolt are parallel. When bolts are used for suspenders, the working stresses shall be reduced for wrought iront 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. Sec. 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 tresses thus formed shall in no case exceed the working stresses stated in section 139 of this Code. Sec. 126. Riveted Steel and Wrought Iron Trusses — For tension 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 13 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. Sec. 127. Steel and Iron Pin-Connected Trusses — The bending stresses on pins shall be limited to 20,000 pounds for steel and 15,000 pounds for iron. All compression members in pin-connected trusses shall be proportioned, using 75 per cent, of the permissible working stress for columns. The heads of all eye-bars shall be made up by upsetting 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 through and at right angles to the axis of the members, and must fit the pin within 1-32 of an inch. The distances 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. Pin-plates shall be provided wherever necessary to reduce the stresses on pins to the working stresses 2I 4 ORDIXAXCES OF THE CITY OF NEW YORK. prescribed in section 139 of this Code. These pin-plates shall be con- nected to the members bv 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 necessarv 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. Sec. 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. Sec. 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 additional coat. All iron or steel used under water shall be inclosed with concrete. Part 23 — Floor Leads, Temporary Supports. Sec. 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 be imposed thereon in addition to the weight of the materials of which the floor is composed; if to be used as a dwelling house, apart- ment house, tenement house, hotel or lodging house, each floor shall t>e of sufficient strength in all its parts to bear safely upon every su- perficial foot of its surface not less than 60 pounds; if to be used for office purposes not less than 75 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 75 pounds upon -every superficial foot; if to be used for stable and carriage house pur- poses not less than 75 pounds upon every superficial foot; if to be used as a place of public assembly, not less than 90 pounds upon every superficial foot; if to be used for ordinary stores, light manu- facturing and light storage, not less than 120 pounds upon every superficial foot; if to be used as a store where heavy materials are Icept or stored, warehouse, factory, or for any other manufacturing or commercial purpose, not less than 150 pounds upon every super- ficial foot. ORDINANCES OF THE CITY OF NEW YORK. 21c The strength of factory floors intended to carry running ma- chinery shall be increased above the minimum given in this section in proportion to the degree of vigratory impulse liable to be trans- mitted to the floor, as may be required by the Commissioner of Build- ings having jurisdiction. The roofs of all buildings having a pitch of less than 20 degrees shall be proportioned to bear safely 50 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 30 pounds upon every super- ficial foot measured on a horizontal plane. For sidewalk's 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 support 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 re- duction of the live loads shall be permissable as follows: For the roof and top floor the full live loads shall be used; for each succeed- ing lower floor it shall be permissible to reduce the live load by S per cent, until 50 per cent, of the live loads fixed by this section is- reached, when such reduced loads shall be used for all remaining floors. Sec. 131. Load on Floors to Be Distributed — The weight placed on any of the floors of any building shall be safely distributed thereom The Commissioner of Buildings having jurisdiction may require the owner or occupant of any building, or of any portion thereof, to re- distribute the load on any floor, or to lighten such load where he deems it to be necessary. Sec. 132. Strength of Existing Floors to Be Calculated — In all warehouses, store houses, 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 occupant. 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 correctness shall be sworn to by the person making the same, and it shall be thereupon filed in the office of the Department of Buildings. But if the Commissioners, of Buildings shall have cause to doubt the correctness of said esti- mate, they are empowered to revise and correct the same and for the 2l6 ORDINANCES OF THE CITY OF NEW YORK. purpose of such revision the officers and employees of the Depart- ment of Buildings may enter any building and remove so much of any floor or other portion thereof as may be required to make neces- sary measurements and examination. When the correct estimate of the weight that the floors in any such buildings will safely sustain lias been ascertained, as herein provided, the Department of Build- ings shall approve the same, and thereupon the owner or occupant of said building, or any portion thereof, shall post a copy of such ap- proved estimate in a conspicuous place on each story, or varying parts of each story, of the building to which it relates. Before any building hereafter erected is occupied and used, in whole or in part, ior any of the purposes 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 xipon each superficial foot thereof, shall be ascertained and posted in -a conspicuous place on each story or varying part 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 lierein 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 Build- ings, 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 •examination was made: and shall be 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 pur- pose, such examination shall not be required provided that the pur- poses and uses of the building have not been changed. Sec. 133. Strength of Temporary Supports — Every temporary sup- port placed under any structure, wall, girder or beam, during the •erection, finishing, alteration, or repairing of any building or struc- ture or any part thereof, shall be of sufficient strength to safely carry the load to be placed thereon. ORDINANCES OF THE CITY OF NEW YORK. 217 Part 24 — Calculations. Strength of Materials. Sec. 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; fifteen tons per superficial foot when cement mortar is used. The safe bearing load to apply to rubble-stone work shall be taken at ten tons per super- ficial foot when Portland cement is used; when cement other than Portland cement 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. Sec. 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 build- ing stone shall be deemed to weigh 170 pounds per cubic foot. Sec. 136. Computations for Strength of Materials — The dimensions of each piece or combination of materials required shall be ascer- tained by computation, according to the rules prescribed by this Sec. 137. Factors of Safety — Where the unit stress for any mate- rial is not prescribed in this Code the relation of allowable unit stress to ultimate strength shall be as one to four for metals, sub- jected to tension or transverse stress; as one to six for timber, and as one to ten for natural or artificial stones and brick or stone ma- sonry. But wherever working stresses are prescribed in this Code, varying the factors of safety hereinabove given, the said working; stresses shall be used. Sec. 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 : Code. Working Stresses Per Square Inch of Section. When the Length Divided by Least Radius of Gyration Equals Wrought Cast Iron. Steel. Iron. 4.400 5,200 6,000 120 110 100 8.240 8.820 9.400 2i8 ORDINANCES OF THE CITY OF NEW YORK. 30 9,980 6,000 80, 10,560 7,600 70 9,200 11,140 8,400 60 9,500 11.720 9,200 50 9,800 12.300 10,000 40 10.100 12,880 10,800 30 10,400 13,460 11,600 20 10,700 14,040 12,400 30 11.000 14,620 13,200 An in like proportion for intermediate ratios. Working Stress per Square Inch of Section. When the Length Divided by the Least Diameter Equals White Pine. Long Leaf Norway Pine, Oak. Yellow Pine. Spruce. 30 460 350 390 25 550 425 475 20 640 500 560 15 730 575 645 32 784 620 696 30 820 650 730 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 numbers 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 dis- tributed equally over the entire area surface of that column at the next point below at which the column is securely braced laterally in the direction of the eccentricity. Sec. 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). Rolled Steel 16,000 ORDINANCES OF THE CITY OF NEW YORK. 215 Cast Steel Wrought Iron Cast Iron (in short blocks) . . Steel pins and rivets (bearing) Wrought Iron pins and rivets (bearing) With Grain. 900 1.000 800 800 1.200 500 500 Oak Yellow pine White pine Spruce Locust Hemlock , Chestnut Concrete (Portland) cement, 1; sand, 2; stone, 4 Concrete (Portland) cement, 1; sand, 2; stone, 5 Concrete (Rosendale, or equal) cement, 1; sand. 2; stone, 4 Concrete (Rosendale. or equal) cement, 1; sand. 2; stone, 5 Rubble stonework in Portland cement mortar Rubble stonework in Rosendale cement mortar Rubble stonework in lime and cement mortar Rubble stonework in lime mortar Brickwork in Portland cement mortar: cement 1; sand, 3 Brickwork in Rosendale, or equal, cement mortar; ce- ment, 1; sand, 3 Brickwork in lime and cement mortar; cement, 1; lime, 1; sand, 6 Brickwork in lime mortar; lime, 1; sand, 4 Granites (according to test) Greenwich stone Gneiss (New York City) Limestones (according to test) Marbles (according to test) Sandstones (according to test) Bluestone, North river Brick (Haverstraw, flatwise) Slate Slate Rolled Steel . Cast Steel . . . Wrought Iron Tension (Direct). 16.000 12,000 16,000 20,000 15,000 Across Grain, 800 600 400 400 1,000 500 1.000 230 20S 12S 111 140 111 97 70 250 208 16U 111 1,000 to 2. 400 1,300 700 to 2,300 600 to 1.20O 400 to 1,600 2,000 30O 1,000 400 16,000 16.000 12.000 220 ORDIXAXCES OF THE CITY OF NEW YORK. Cast Iron 3,000 Yellow Pine 1,200 White Pine 800 Spruce 800 Hemlock 600 Oak 1.000 Shear. Steel web plates 9,000 Steel shop rivets and pins 10,000 Steel field rivets 8,000 Steel field bolts 7,000 Wrought iron web plates 6,000 Wrought iron shop rivets and plates 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 Range 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 ORDINANCES OF THE CITY OF NEW YORK. Limestone 150 Slate 400 Marble 120 Sandstone 100 Bluestcne, North river 300 Concrete (Portland) cement, 1; sand, 2; stone, 4 30 Concrete (Portland) cement, 1; sand, 2; stone, 5 20 Concrete (Rosendale, or equal) cement, 1; sand, 2; stone, 4 16 Concrete (Rosendale, or equal) cement, 1; sand, 2; stone, 5 10 Brick, common 50 Brickwork (in cement) 30 Sec. 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 ground to the top of same, including roof., in any direction. In no case shall the overturning moment due to wind pressure exceed 75 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 con- struction, such as masonry, partitions, floors and connections are not sufficient to resist the moment of distortion 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 mo- ments. In calculations for wind bracing, the working stresses set forth in this Code may be increased by 50 per centum. In buildings under 100 feet in height, provided the height does not exceed four times the average width of the base, the wind pressure may be dis- regarded. Part 25 — Plumbing and Drainage. Sec. 141. Plumbing. Drainage and Repairs 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 suc- cessive 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 cc nstrued to include cases where new vertical or horizontal lines of soil, waste, vent or lead pipes are proposed to be used. Notice of such repairs or alterations shall be given to the Depart- ment before the same are commenced in such cases as shall be prescribed 222 ORDINANCES OF TH E CITY OF NEW YORK. by the rules and regulations of the said Department and the work shall be done in accordance with the said rules and regulations. 2. Once 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 and regulations 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, however, that such employing or master plumber 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 of making such registration shall be during the month of March in each year. Where, however, a person obtains a certificate of com- petency at a time other than in the month of March in any year, he may register within thirty days after obtaining such certificate of competency, but he must also register in the month of March in each year as hereinbe- fore 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 before said De- partment and upon a prior notice of not less than ten days, stating the grounds of complaints and served upon the person charged with the viola- tion of the aforesaid rules and regulations. 3. After this Code takes effect, no person, corporation or copartner- ship shall engage in, or carry on the trade business or calling of employing or master plumber in The City of New York, unless the name and adress of such person and the president, secretary or treasurer of such corpora- tion 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 obtained a certificate of competency from the Examining Board of Plumbers, and shall have registered as herein provided. A master or employing plumber within the meaning of this Code is any person who hires or employs a person or persons to do plumb- ing 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 ORDINANCES OF THE CITY OF NEW YORK. 223 Y 7 ork is registered as herein provided, and if such person is not so registered, then such Inspectors shall forthwith report to said De- partment the name of said plumber. 6. The Commissioner of Buildings having jurisdiction may pre- sent a petition to a justice of the Supreme Court or to 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 Code. 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 of 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 specified, not less than two nor more than six days after the granting thereof, to show cause why he should no be permanently enjoined until he has obtained a certificate of registration as herein required. A copy of such petition and order shall be served upon 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 the proofs of the parties, and may, if deemed necessary, take testimony in rela- tion to the allegations of the petitions. 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 thereof. 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 manner 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 de- fendant or defendants in* the discretion of the Court. Part 26 — Buildings Raised, Lowered, Altered or Moved. Sec. 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 8-inch walls, or of any wood building al- ready erected that has a peaked roof, to raise the same for the pur- pose of making a flat roof thereon, unless the same be raised with 224 ORDINANCES OF THE CITY OF NEW YORK. 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 40 feet in height to the highest part thereof. All such buildings must exceed 25 feet in height to the peak of the main roof before the said alteration and raising. In increasing the height 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 lull 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 15 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 sit- uated in a row of frame buildings may be increased in height to con- form to the height of adjoining buildings. Tf any block situated within the fire limits has 00 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 basement 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 may be raised or lowered to meet the requirements of such grade. The restrictions contained in this section shall not pro- hibit one-story and basement frame dwelling houses from being in- creased one additional story in height. Within the fire limits no frame building more than two stories in height, now used as a dwell- ing, shall hereafter be raised or altered to be used as a factory, ware- house or stable. No wood building within or without the lire 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 within the fire limits. Within the lire limits no brick building shall be enlarged or built upon unless the exterior walls of said addition or enlargement be con- structed of incombustible materials; provided, however, that such brick building may be raised, lowered or altered under the same cir- cumstances and in the manner provided for in this section. Part 27 — Fire Limits. Sec. ,143. Fire Limits — No frame or wood structure shall be built hereafter in The City of New York within the following limits: ORDINANCES OF THE CITY OF NEW YORK. 225 In the Borough of Manhattan — Within the Following Described Lines. Beginning at a point on the North River at the Battery and run- ning thence northerly along the pier headline to a point 100 feet north of the northerly side of One Hundred 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 bulkhead 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 con- tinuing by the pierhead line of the East river to the place of begin- ning. In the Borough of the Bronx — Within the Following Described Lines. Beginning at a point on the eastern bulkhead 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 Sheridan avenue and 100 feet therefrom; thence north on the east side of Sheridan avenue to a point 100 feet north of East One Hundred and Sixty-first street; thence easterly and parallel to East One Hundred and Sixty-first street and 100 feet there- from 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 Seventy-seventh street and 100 feet therefrom to Third avenue; thence southerly along the westerly boundary line of Crotona Park, and thence easterly along the souther- ly 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 the easterly line of Robbins avenue; thence southerly and parallel to Robbins avenue 100 feet east there- from to the port Morris Branch Railroad; thence easterly along the Port Morris Branch Railroad to the East river; thence southwesterly along the East river, northwesterly along the Bronx Kills, and nort i erly 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 draws 226 ORDINANCES OF THE CITY OF NEW YORK. ico feet south of and parallel with the southerly line of Sixtieth street to Sixth avenue; thence running northerly on a line drawn 100 feet east of and parallel with the easterly side of Sixth avenue to 1 hirty-sixth street; thence running 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 Pro- spect Park West, to Prospect avenue; thence running easterly through the centre line of Prospect avenue to Eleventh avenue; thence run- ning northerly through the centre line of Eleventh avenue to Fif- teenth 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 south- erly side of Crown 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 westerly 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 north- erly on a line drawn 100 feet east of and parallel with the easterly side of Bushwick avenue to Metropolitan avenue; thence easterly on a line drawn 100 feet south of and parallel with the northerly side of ORDINANCES OF THE CITY OF NEW YORK. 227 Metropolitan avenue to Graham avenue; thence northerly on a line drawn 100 feet east of and parallel with the easterly side of Graham avenue to Skillman avenue; thence westerly on a line drawn 100 feet north of and parallel with the westerly 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 northeast of and parallel with the northeasterly side of North Ninth street to Bedford avenue; thence easterly on a line drawn 100 feet south of and parallel with the southerly side of Bedford avenue to North Eleventh street; thence northwesterly to a line drawn 100 feet north- east of and parallel with the northeasterly side of North Eleventh street to the East river; thence to Van Brunt street; thence north- easterly on a line drawn 100 feet east of and parallel with the south- erly 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 north- erly on a line drawn 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 80 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 tire limits in the Eighth Ward, Borough oi Brooklyn, to include the territory between the south side of Forty- 228 ORDINANCES OF THE CITY OF NEW YORK. fifth street and the north side of Sixtieth street, and the easterly side of Sixth avenue and the westerly side of Seventh avenue. Any frame building erected hereafter in the territory included within the following boundary— all in the Thirtieth Ward of the Borough 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, includ- ing both sides, to Eighty-sixth street; along Eighty-sixth street, in- cluding both sides, to Third avenue; along Third avenue, including both sides, to Ninety-second street; along Ninety-second street, in- cluding 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. In "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. Part 28 — Frame Buildings. Sec. 144. Frame Structures Within the Fire Limits — The pro- visions, in this section contained, shall apply to buildings and struc- tures, 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 plat- forms, 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 thereof 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 hun- dred square feet, except by permission of the Board of Buildings. Fences, signs or bill-boards shall not be at any point 10 feet above and 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 18 feet 6 inches above the adjoining ground- 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 struc- ture, shall be deemed to be a "sky sign." ORDINANCES OF THE CITY OF NEW YORK. Sky signs shall be constructed entirely of metal, including the uprights, supports and braces for same, and shall not be at any point over 9 feet above the front wall or cornice of the building or struc- ture to which they are attached or by which they are supported. All fences, signs, bill-boards and sky signs shall be erected en- tirely within the building line, and be properly secured, supported and braced, and shall be so constructed as not to be or become dan- gerous. Before the erection of any fence, sign, bill-board or sky sign shall shall have been commenced, a permit for the erection of the same shall be obtained from the Superintendent of Buildings hav- ing 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 8 feet in width, and which do not ex- tend more than 3 feet above the second story floor beams, may be erected, provided a permit from the Commissioner of Buildings hav- ing 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 8 inches thick, carried up above the roof of such piazza or bancony, and coped with stone. The roofs of all piazzas shall be covered with some fireproof ma- terial. 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 8 feet high, may be built of wood, but the roofs thereof must be covered with metal, gravel or slate. Sec. 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 valuation of the foundation thereof, at the time of such damage, may be repaired or rebuilt; but if such damage shall amount 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 provided in this Code. In case the owner of the damaged building shall be dissatisfied with the decision of the Commissioner of Buildings hav- ing jurisdiction that such building is damaged to a greater extent 230 ORDINANCES OF THE CITY OF NEW YORK. 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 jurisdiction, and one Surveyor who shall be appointed by the owner or owners of said premises. In case these two Surveyors do not agree, they shall ap- point a third Surveyor to take part in such examination, and a de- cision of a majority of them reduced to writing and sworn to, shall be conclusive, and such building shall in no manner be repaired or re- built until after such decision shall have been rendered. Sec. 146. Frame Buildings Outside of Fire Limits — The provi- sions of this section shall apply to frame, or other buildings here- after 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 40 feet, said height being taken from the curb-line, where same exists, at 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 then the average level of the ground on which the building stands may be taken in place of the curb-fine. 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 erect- ed to a height not to exceed 15 feet greater than the foregoing limited height, except that the spires of churches may be erected of wood to a height not exceeding 90 feet from the ground. All footings or bot- tom stones shall be at least 6 inches wider on each side than bot- tom width of foundation walls above, except where the outside of the foundation wall sets on the property line, in which case 6 inches wider on the inside shall be sufficient. The thickness of footings shall be not less than 8 inches, if of stone, and not less than 12 inches if of concrete. Foundations for frame structures shall be laid not less than 4 feet below the surface of the earth or where there is rock bottom, or piles or ranging timbers where found necessary. The foundation walls of frame structures exceeding 15 feet in height, if of stone, shall be not less than 18 inches thick, and if of brick not less than 12 inches to the grade and 8 inches thick to the first tier of beams and 8 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 12 inches thick to the first tier of beams and 8 inches thick from first tier to second tier of beams; or if these walls are ORDINANCES OF THE CITY OF NEW YORK. 231 constructed of stone they shall be not less than 20 inchs for the foundation wall and 18 inches for the first story wall; and if the walls are faced with stone ashlar the total thickness shall be 4 inches greater than in this section specified. In the foundation walls there may be recesses not more than 8 feet long for stairs, with brick walls not less than 8 inches thick. All chimneys in frame buildings shall be built of brick or stone or other fireproof material. If of brick the flues shall have walls at least 8 inches thick, except where flues are lined with burnt-clay pipe, in which case the walls around flues may be 4 inches thick. All flue linings shall extend at least I foot above the roof boards. Where chimneys are built of stone the walls of the flues shall be not less than 8 inches on all sides, and shall be lined with burnt-clay pipe. All chimneys shall be topped out at least 4 feet above the highest point of contact with the roof, and be properly capped. Chimneys in party walls or serving two rooms on the same floor may be built in the walls or partitions; elsewhere/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 3 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 2 1-2 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 4 inches thick and filled in solidly with brick- work or other fireproof material extending to the under side of roof boards, and the ends of the floor beams shall be so separated that 4 inches of brick will be between the beams where they rest on said walls. The sills of all frame dwellings, except where the first floor is used for store or business purposes, shall be not less than 2 feet above the ground to the under side of same. All frame or wood buildings exceeding a height of 15 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 prohibit the use of balloon framing. The floor beams and rafters shall be not less than 2 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 con- structed of frame. Posts or 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 necessary to inclose the same; nor shall areas be required to be built across the front of frame 232 ORDINANCES OF THE CITY OF NEW YORK. buildings except where the cellar or basement is used for living pur- poses. The regulations governing plumbing, drainage and heating, also steam and hot-air pipes and registers, where same extend through or along stud partitions, shall also apply to frame buildings. Frame buildings may be altered, extended, raised, or repaired, provid- ed the new portions comply with the provisions of this section. Xo frame building exceeding 3 stories in height shall hereafter be erect- ed to be occupied by more than 6 families, nor shall any frame build- ing already erected be altered to be occupied by more than six fami- lies, nor more than three stories in height. Outside of the fire limits, when any brick or stone buildings 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 reasonable modifications of this Code relating to brick build- ings, in consideration of incombustible material being used for walls instead of wood. Sec. 147. Frame Buildings; Where Streets Are Not Established — 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 construction and obtaining an approval therefore, as pro- vided 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, shall' in all other respects comply with the several provisions of this Code relating to such structures; but for all other buildings or .structures only so much of the requirements, regulations and re- strictions of this Code shall apply as in the opinion of the Commis- sioner of Buildings having jurisdiction may be necessary for the 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. Part 29 — Appeals and Modifications of Law. Sec. 148. The Board of Buildings — Each Commissioner of Build- ings shall have power, with the approval of the Board, to vary or modify any rule or regulation of the Board of the provisions of Chap- ter 12 of the Greater New York Charter of any existing law or ordi- nance relating to the construction, alteration or removal of any build- ing or structure erected or to be erected within his jurisdiction, pur- ORDINANCES OF THE CITY OF NEW YORK. 233 suant to the provisions of section 650 of the Greater New York Char- ter. Sec. 149. Board of Examiners — The Board of Examiners for the Boroughs of Manhattan and TheBronx shall be constituted as pre- scribed 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 ques- tion 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 $10 for each attend- ance 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. Part 30 — Violations and Penalties. Courts Having Jurisdiction. Sec. 150. Violations and Penalties — The owner or owners of any building, structure or part thereof, or wall, or any platform, staging or Mooring, 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 as- sist in the commission of any such violation, and any and all per- sons 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 order or regulation made thereunder, or who shall build in violation 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 violation and non-compliance, respectively, forfeit and pay a penalty in the sum of $50. Except that any such person who shall violate any of the provisions of this Code, as to the construction of chimneys, fire- places, flues, hot-air pipes and furnaces, or who shall violate any of the provisions of this Code, with reference to the framing or trim- ming of timbers, girders, beams or other woodwork in proximity to chimney flues or fire-places, shall forfeit and pay a penalty m the sum of $100. But if any said violation shall be removed or be in pro- cess of removal within ten days after the service of a notice as here- inafter prescribed, the liability of such a penalty shall cease, and the Corporation Counsel, on request of the Commissioner of Buildings having jurisdiction, shall discontinue any action pending to recover the same, upon such removal or the completion thereof within a rea- 234 ORDINANCES OF THE CITY OF NEW YORK. sonable time. Any and all of the afore-mentioned persons who hav- ing 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 pen- alty 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 Com- missioner of Buildings having jurisdiction, through the Corporation Counsel, is hereby authorized, in his discretion, good and sufficient cause being shown therefor, to remit any line 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. Sec. 151. Courts Having Jurisdiction — All courts of civil juris- diction in The City of New York shall have cognizance of and juris- diction over any and all suits and proceedings by this Code author- ized to be brought for the recovery of any penalty and the enforce- ment of any of the several provisions 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 re- cover a penalty for the violation of any of the provisions of this Code, The Corporation Counsel is authorized to institute any and all ac- tions and proceedings, either legal or equitable that may be appro- priate 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 ac- tions 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 Build- ings having jurisdiction is satisfied that any building or structure, or any portion thereof, or any drainage or plumbing, the erection, con- struction or alteration, execution or repair of which is regulated, per- mitted or forbidden by this Code, is being erected, constructed, altered or repaired, in violation of, or not in compliance with, any of the provisions or requirements of this Code, or in violation of any detailed ORDINANCES OF THE CITY OK NEW YORK. 235 statement of specifications or plans submitted and approved thereun- der, or of any certificate or permit issued thereunder, or that any pro- vision or requirement of this Code, or any order or direction made thereunder has not been complied with, or that plans and specifica- tions for plumbing and drainage have not been submitted or filed as required by this Code, the Commissioner of Buildings having jurisdic- tion 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 there- on, or to restrain or correct the erection or alteraion 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 provisions of this Code, or of any order or direction made pursuant 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 build- ing or structure, or in or upon such part thereof as may be designated in said affidavit, or from occupying or using said building or 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 forthwith 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 act- ing in good faith and without malice shall be liable for damages by reason of anything done in any such action or proceeding. No under- taking shall be required as a condition to the grating 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 rendi- tion 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, shall be and become a lien upon 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 Y r ork, where the property affected by such action, suit, or proceeding, is located, of a notice of lis pendens therein; which lien .may be enforced against said property, in every respect, nothwithstanding the same may be transferred subse- 236 ORDIXAXCES OF THE CITY OF NEW YORK. quent to the filing of the said notice. Said notice of lis pendens subse- consist of a copy of the notice issued by the Commissioner of Build- ings having jurisdiction requiring the removal of the violation and a notice of the suit or proceedings instituted or to be insituted thereon, and said notice of lis pendens may be filed at any time after the ser- vice of the notice issued by the Commissioner of Buildings as afore- said, 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 canceled of record; upon an order of a judge or justice of the court in which such suit or pro- ceeding was instituted or is pending, or upon the consent 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 canceled of record, upon the presentation and filing of a certified copy of an order as aforesaid, or of the consent, in writing, of said Cor- poration Counsel, in no case shall the said Department of Buildiners, or any officer thereof, or the Corporation 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. Sec. 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 thereun- der, including notice that any building, structure, premises, or any part thereof, are deemed unsafe or dangerous, shall be issued by the Commissioner of Buildings having jurisdiction, and shall have his name 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 Code to restrain or remove any 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 them, then such notice or order may be served by posting the same in a con- ORDINANCES OF THE CITY OF NEW YORK. 237 spicuous place upon the premises where such violation is alleged ta 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 can- not be found within said State after diligent search, then by posting a copy of same in manner as aforesaid and depositing a copy there- of in a post office in The City of New Y T ork, inclosed in a sealed wrapper addressed to said person or persons at his or their last known place of residence, with 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. Part 31 — Unsafe Buildings, Surveys, Court Proceedings. Sec. 153. Unsafe Buildings — Any building or buildings, part or parts of a building, staging or other structure in The City of New York, that trom 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 dangerous building or buildings, or part or parts of a building, staging or structure being so reported by any of the offi- cers of said Department of Buildings, the same shall be immediately entered upon a docket of unsafe buildings to be kept by the Commis- sioner of Buildings having jurisdiction; and the owner or some one of the owners, executors, administrators, 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 description of the premises or structure deemed unsafe or dangerous, requiring he 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 per- sons thus served to immediately certify to the said Commissiojier his or their assent or refusal to secure or remove the same. Sec. 154. Surveys on Unsafe Buildings — If the person or persons so served with notice shall immediately certify his or their assent ta 238 ORDINANCES OF THE CITY OF NEW YORK. the securing or removal of said unsafe or dangerous buildings, prem- ises or structure, he or they shall be allowed until i o'clock p. m. of the day following the service of such notice, in which to commence the securing or removal of the same; and he or they shall employ suf- ficient labor and assistance to secure or remove the same as expediti- ously as the same can be done; but upon his or their refusal or neg- lect to comply with any of the requirements of said notice so served a further notice shall be served upon the person or persons hereto- fore 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 or the service of said notice, by three competent persons, one of whom shall be the Commissioner of Build- ings having jurisdiction, or a Superintendent of Buildings or an In- spector, designated in writing by said Commissoner, another of whom shall be an architect, appointed by the Xew York Chapter of the American Institute 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 Brooklyn and Queens, de- pending upon the borough or boroughs in which the property is lo- cated, 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 disagree- ment 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 allegations and statements 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 build- ing or premises shall be repaired and secured or taken down and re- moved, and a report of said survey, reduced to writing, shall consti- tute 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 hold- ing the survey, immediately on their signing the same. The architect appointed by the Chapters of the American Institute of Architects as here'nbefore provided who may act on any survey called in accord- ance with the provisions of this Code, shall be entitled to and receive the sum of $25, to be paid by the Comptroller upon the voucher of ORDINANCES OF THE CITY OF NEW YORK. 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 owner- of said building, staging or structure, and of the lot or parcel of land • n which the same is situated, for the amount so paid with interest, which shall be prosecuted in the name of The City of New Y^ork by the Corporation Counsel. The amount so collected shall be paid over to the Comptroller in reimbursement of the amounts paid by him as aforesaid. Sec. 155. Court Procedings — Whenever jthe report of any such survey had as aforesaid shall recite that the building, premises or structure thus surveyed 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 hold- ing 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 adjourn- ment, 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 sum- mon jurors for that purpose, and any such suit or proceeding com- menced 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 such case the trial may be by Court, Judge, Justice or. Referee, whose report or decision in the 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 the said building, premises or structure to be un- safe or dangerous, the Judge or Justice trying said cause, or to whom the report of the Referee trying said cause shall be presented, shall immediately issue a precept out of said Court, directed to the Com- missioner of Buildings having jurisdiction, reciting said verdict or de- cision, and commanding 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 proceed to execute said precept as there- in directed, and may employ such labor and assistance and furnish 240 ORDINANCES OF THE CITY OF NEW YORK. 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 endorsement 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 proceeding, together with the preliminary expenses of searches and surveys, which shall be inserted in the judgment in said action or proceeding, and shall ren- der judgement 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 plot, ground or land upon which the said building or structure was placed, at the time of the tiling of a notice of lis pendens in the said proceedings, or at the time of the entry of judg- ment therein to satisfy the same, which shall be in the same manner and with like effect as sales under judgment in foreclosure of mort- gages, and in and about all preliminary proceedings as well as the tarrying into effect any order of the Court or any precept issued by any Court, said Commissioner of Buildings may make reqnistion up- on the Comptroller of The City of Xew 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 Comptroller, he shall pay the same, and for that purpose shall borrow and raise, upon Revenue Bonds, to be issued as provided in section 188 of the Greater Xew York Charter, the several amounts that may from time to time be required, which shall be reimbursed by the payment and interest at 6 per cent, out of the judgment or judgments obtained as aforesaid, if the same shall be collected. 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 pro- vided for in this section shall consist of a copy of said notice of sur- vey, and shall be filed in the office of a County Clerk in The City of New York, in the County where the property affected by such action, suit or proceeding is located. Provided, nevertheless, that immediately upon the issuing of said precept, the owner or owners of said build- ing, staging or structure, or premises, or any party interested therein, upon application to the Commissioner of Buildings, shall be allowed ORDINANCES OF THE CITY OK NEW YORK. 2 4 r to perform the requirements of said precept at his or their own pro- per 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 pro- vided further, that the Commissioner of Buildings having jurisdiction shall have authority to modify the requirements of said precept upon application to him therefor, 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. Sec. 156. Application for Order to Remove Violations and to Vacate Buildings — In case any notice or direction authorized 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 Commissioner of Buildings having juris- diction, apply to the Supreme Court of New York, at a special term thereof, for an order directing said Commissioner to proceed to make the alterations or remove the violation or violations, as the same may be specified in said notice or direction. Whenever any notice or di- rection so authorized, shall have been served as directed in this Code, an^l 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 Commissioner 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 complied with. The ex- penses and disbursements incurred in the carrying out of any said order or orders, shall become a lien upon said building or premises named in the said notice, from the time of filing of a copy of the said notice, with a notice of the pendency of the action or proceeding as provided in this Code, taken thereunder, in the office of the Clerk of the County where the property affected by such action, suit or pro- ceeding 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 necessary 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 accordane with the mechanics lien laws applicable to The City of New York; and in case any of the notices herein mentioned shall be served upon any lessee 242 ORDINANCES OF THE CITY OF NEW YORK. or party in possession of the building or premises therein described, it shall be the duty of the person upon whom such service is 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 personal- ly, 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 possession shall neglect or refuse to give such notice as herein provided, he shall be personally liable to the owner or owners of said building or premises for all damages he or they shall sustain by reason thereof. Part 32 — Recovery of Bodies Under Fallen Buildings. Sec. 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 ex- amination of the premises to be made for the recovery of the bodies of the killed or injured. Whenever, in making such examination, it shall be necessary to remove from the premises any debris, it shalPbe 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 on 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 danger 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 be taken, as in the case of an unsafe build- ing, 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 oc- cupation 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 necessary 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 De- partment, when called upon by the said Department of Buildings to co-operate, shall enforce such orders or requirements. For the afore- said purposes the said Fire Department, or the Department of Build- ORDINANCES OF THE CITY OF NEW YORK. 243 ings, as the case may be, shall employ such laborers and materials as may be necessary to perform said work as speedily as possible. Sec. 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 or 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 designated by him shall have the right and he is hereby authorized 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 re- move and danger therefrom. And said Borough President or Super- intendent of Buildings may, when necessary for the public safety, temporarily close the sidewalks and the streets adjacent to said build- ing, or part thereof, and the Police Department, when called upon by the said Borough President or Superintendent of Buildings to co- operate, shall enforce such orders or requirements. Part 33 — Fund for Use and Benefit of the Department of Buildings. Sec. 158. Fund for Use and Benefit of the Department of Build- ings — The Corporation Counsel shall sue for and collect all penalties and take charge of and conduct all legal proceedings imposed or pro- vided for by this Code; and all suits or proceedings instituted for the enforcement of any of the several provisions of the preceding sec- tions 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 Corporation Counsel, to whom all notices of violation shall be returned from 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 judgments, suits or proceedings so instituted, or which may be paid by any parties -who have violated any of the provisions of this Code, and upon settlement of judgment and re- moval of violations thereunder, execute satisfaction therefor. He shall, on the first day of each and every month, render to each Com- missioner of Buildings an account of and pay over to the Commis- sioner having jurisdiction the amount of such penalties and costs re- ceived 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 Y'ork as a fund for the use and benefit of the Department of Buildings for the purpose of paying any expense in- 244 ORDINANCES OF THE CITY OF XEW YORK. curred 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 Commis- sioner 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 purposes, 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 purpose to any of said Com- missioners except from the account of the funds received from him. Part 34 — Seal. Officers of Department May Enter Buildings. Sec. 159. Seal — The Board of Buildings may adopt a seal and direct its use in the Department of Buildings. Sec. 160. Officers of Department May Enter Buildings — All of- ficials 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. Part 35 — Existing Suits and Liabilities. Invalidity of One Section Not to Invalidate Any Other. Sec. 161. Existing Suits and Liabilities — Nothing in this Code contained shall be construed to affect any suit or proceeding 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. Nor shall any right or remedy of any character be lost, impaired or affected by this Code. Sec. 162. Invalidity of One Section Not in Invalidate Any Other — The invaldity of any section or provision of this Code shall not in- validate any other section or provision therof. Part 36— Ordinances Repealed. Date When Ordinance Takes Effect. Sec. 163. Repealing Section — All ordinances of the former mu- nicipal and public corporations consolidated into the City of New York affecting or relating to the construction, alteration or removal of buildings or other structures, and all other ordinances or parts thereof inconsistent herewith are hereby repealed. Sec. 164. Date When Ordinance Is to Take Effect — This ordinance shall take effect sixty days after its approval by the Mayor. CHAPTER 16— PARK ORDINANCES, RULES AND REGULATIONS. The Park Board of the Department of Parks of The City of New York ordains as follows: All persons are forbidden — ORDINANCES OF THE CITY OF NEW YORK. 245 1. To cut, break or in any way injure or deface the trees,, shrubs, plants, grass, posts, railings, chains, lamps, lamp-posts, benches, tree-guards, buildings, structures or other property in or upon ony of the public parks, parkways, squares or places of or with- in 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, parkways, 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 oil 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, or 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 jurisdiction, and in accordance with the pro- visions of section 16 hereof. 5. To play upon any musical instrument within such public 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 meet- ings 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 ob- scene 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, parkway, 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 ex- ceeding 6 feet in length. 246 ORDINANCES OF THE CITY OF NEW YORK. 10. No person shall bathe or fish in any of the waters or foun- tains, nor cast any substance therein, nor disturb or interfere in any way with the fish, birds or animals within such public parks, park- ways, squares or places, except in the waters of adjacent to Pelham Bay Park, where bathing and fishing- shall be permitted, subject to the rules and regulations 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 Commissioner having ju risdiction. 11. All drunken, disorderly or improper persons, and all persons strictly forbidden. 6. The use of hobbles, or other similar device or apparatus 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 Establishing Limits of Projection for Con- structions on the Line of Riverside Drive. 1. No structure or construction ot 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 1-4 inch to the foot r shall have been filed with the Department of Parks, with an applica- tion for the erection or construction of the said structure; said draw- ings to show elevations, floor plans and vertical sections of the ex- tent of projections, and that the applicant has 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 of ap- purtenance thereof shall not project in the avenue beyond the build- ing line to the extent of more than 5 feet where the sidewalk is. 16 feet wide, 7 feet where the sidewalk is 20 feet wide, 8 feet where the sidewalk is 25 feet wide; and in proportion to the above where the sidewalk is between 16 and 20 feet or between 20 and 25 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 4 feet in height. B (a) Bay windows shall not project in the avenue beyond the building line to the extent of more than 4 feet. (b) Bay windows, when allowed to project in the avenue, shall 252 ORDINANCES OK THE CITY OF NEW YORK. not occupy longitudinally with the avenue more than two-thirds of the width of the binding 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 4 feet. (b) Xo balcony shall be inclosed on the front or side, except by a railing not over 4 feet in height. D. Xo 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 occupied by the same, free and unin- closed and in safe condition, nor in any case to extend in the clear beyond the curb line. Ordinance Adopted, Pursuant to Chapter 453 of the Laws of 1902. 1. Xo shade or ornamental tree or shrub shall be planted in any of the streets, avenues or public thoroughfares of The City of Xew York until such tree or shrub shall have first been approved by a duly appointed employee or expert of the Commissioner having jurisdic- tion, 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 absence of poisonous gas and deleterious substances, have been made satisfactory and a permit granted therefor. 3. X'o stem, branch or leaf of any such tree or shrub shall be cut, broken or otherwise disturbed until a permit has been granted therefor by the Commissioner having jurisdiction. 4. Xo root of any such tree or shrub shall be disturbed or inter- fered with in any way by any individual or any officer or employee of a public or private' corporation until a permit shall have been issued therefor by the Commissioner having jurisdiction. 5. The surface of the ground within 3 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, ex- cept under permit granted by 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 juris- diction. 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 per- mitted to stand in any manner or position where it may or shall cut, deface or mutilate any tree or shrub, nor shall any building material ORDINANCES OF THE CITY OF NEW YORK. 253 or other matter 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 chapter 453 of the Laws ot 1902 shall be guilty of a misdemeanor, and shall on conviction thereof before a City Magistrate be punished by a line not exceeding $50, or in default of payment of such line, by imprisonment not exceeding 30 days. Rules and Regulations Relating to Projections and Line of Curb and Surface Constructions, Under Provisions or Section 612 of the Greater New York Charter, as Amended by 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 dis- tance of 350 feet from the outer boundaries thereof, upon such terms and conditions and upon the making of such compensation to the Cit> as in his discretion he may determine with respect to the particular locality. 2. Where permits have heretofore been granted upon the mak- ing of compensation and a new permit is desired to correct any irregu- larity, defect or supposed want of jurisdiction 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 according 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 windows or other house projections shall be made to the Commission 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 deter- mined 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 section of extent of projection, one copy of which will be filed in the office of the Commissioner hav- 254 ORDINANCES OF THE CITY OF NEW YORK. ing jurisdiction, and one other shall be returned to the applicant lor filing in the Department of Buildings, with the approval of said Com- missioner. 6. No permit will be granted to cover more than 4 feet of pro- jection oeyond the house or building line, nor shall the projections oc- cupy 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 said Fifth avenue, between Fifty-eighth and One Hundred and Eleventh streets, are per- mitted to inclose, for courtyard purposes, and not otherwise, 15 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 there- of, and the form, size and character thereof, together with the form, size and character of the area railings, 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 avenue, 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 to- gether 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. Xo bicycle or tricycle shall be allowed to be taken upon or remain on the Mall in Central Park during the progress of a concert. Rules Relating to Park Conservatories. 1. The Conservatories will be open daily between 10 a. m. and 4.30 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 dam- age 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. ORDINANCES OF THE CITY OF NEW YORK. 255 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 con- servatory 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, fruit, nuts, or the breaking of branches of any plants, either wild or cultivated, the uprooting of plants of any kind, the defacing of trees, and the carrying of flowers, fruits or plants into or from the grounds of the Garden, are prohib- ited, 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, football, tennis or any other game is prohibited. 6. It is forbidden to offer for sale food, candy, newspapers, books, tobacco, beverages, flowers or other objects, without written permission from the Director-in-Chief and the Commissioner of Parks for the Borough of the Bronx. 7. Boating or rafting on the ponds, lakes and streams is for- bidden. 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. 9. It is forbidden to accept or solicit passengers for any cab, carriage or other conveyance at any point within the grounds of the 256 ORDINANCES OF THE CITY OF NEW YORK. Garden without written permission from the Director-in-Chief of the Garden and the Commissioner of Parks for the Borough of The Bronx. 10. Visitors are not allowed within the Garden after II o'cloek at night nor before 6 o'clock in the morning, exeept 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 sunrise 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 prohibited 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 main road or the traffic roads of the Eastern Parkway. Prospect Park. i. 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 Is- land 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 per- mission of the Comm'ssioner having jurisdiction. Horses, wagons, carriages and pedestrians must not use the bicycle paths. All ordinances or parts of ordinances heretofore adopted affect- ing 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. ORDINANCES OF THE CITY OF NEW YORK. 25? 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 i — Peddlers, Venders, Hawkers. Section i. Xo licensed peddler, vender, hawker or huckster sfiaH permit any carl, wagon or vehicle, owned or controlled 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 or the le-see ol the ground floor thereof objecting thereto. At the expiration of the thirty minutes aforesaid, any vender, with or without a basket, cart, wagon, or vehicle must be removed to a point at least one block distant. Sec. 2. Xo licensed peddler, vender, hawker or huckster shall permit his or her cart, wagon or vehicle to stand on any street, ave- nue or highway within 25 feet of any corner of the curb, nor within ]0 feet of any other peddler, vender, hawker of huckster. Sec. 3. Xo licensed peddler, vender, hawker or huckster shall use any part of a sidewalk or crosswalk for conducting his or her busines, and shall not cast < r throw any thing or article of any kind or character upon the street, nor interfere 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, Sec. 4. Xo licensed peddler, vender, hawker or huckster shall blow upon or use or suffer or permit to be blown upon or used any horn or other instrument for the purpose of. giving notice of the approach of any cart, w agon' or vehicle in order to sell thereout any article of merchandise. Sec. 5. Xo licensed peddler, vender, hawker or huckstc shall cry or sell his or her wares or merchandise on Sunday, nor after 9 o'clock p. m„ nor cry his or her wares before 8 o'clock in the morning of any da}' except Saturdays, when they shall be allowed to cry or sell their wares until 11.30 o'clock p. m. None of the provisions of this section shall be construed as regulating the crying or hawking of newspapers in the territory comprised within the Borough of Man- hattan. Sec. 6. Xo licensed peddler, vender, hawker of huckster shall he allowed to cry his or her wares within 250 feet of any school* 2oS ORDINANCES OF THE CITY OF NEW YORK. court bouse, church or hospital between the hours of 8 o'clock a. m. and 4 o'clock p. m., on school days; or stop or remain in Nassau itreet, between Spruce and Wall streets; or in Chambers street, be- tween Broadway and Centre streets; or in Fulton street, between Broadway and Pearl street; or in Avenue B, from Houston street to to Fourteenth street; or in Avenue A, between Houston and Seventh streets; Park row, from Xew Chambers to Ann street; Centre street, from New Chambers street to Park row; and Nassau street, from Park row to Ann street: from 8 o'clock a. m. to 6 o'clock p. m. None of the provisions of this section shall be construed as regulating the crying or hawking of newspapers in the territory comprised within the Borough of Manhattan. Sec. ~. So much of the foregoing sections as relates to the cry- ing out of wares, or to other means used to attract attention, is con- >trued and made to apply to all persons conducting business on the public highways, or present thereon for the purpose of doing busi- liess, or performing, or offering to perform, any work, labor, services whatever, whether such person be licensed or not. Sec. 8. All licensed peddlers, venders, hawker- or hucksters who shall locate on any street or avenue under the provisions 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 on 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 for the purpose of making a purchase. Sec. o. The violation of any of the foregoing provisions of this ordinance, or any part thereof, shall be deemed a misdemeanor, and the offender shall, upon conviction, be lined or imprisoned or both, as provided by section 85 of the New York City Consolidation Act of 1882. Article 2 — Weights, Measures and Quality. 1. W eighers of I lay. Sec. 10. No person, except those to whom the Mayor shall grant a license under section ill of the New York City Consolidation 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 $-'> Sec. 11. The Mayor shall designate in all licenses granted By him the location at which the persons licensed shall erect their re- spective scales for weighing hay. and such license sharll convey an ORDINANCES OF THE CTTY OF NEW YORK. 259 authority and permission to erect at such location, under the direc- tion of the President of the Borough, a scale for weighing hay, in the mode previously in use in the former City of New York. See. i J. The fee charged on granting license shall be $25 a year. Sec. 1 3. 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 $10 for each omission to mark the said tare. Sec. 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 6 cents on each bale for weighing and marking the same, and for a certificate thereof. - . The Sale and Manufacture of Bread. Sec. 15. All bread baked and offered or exposed for sale in the Borough of Manhattan shall be made of good and wholesome flour and meal, ami -old by avoirdupois weight. Sec. 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 forfeit and pay the sum of $10 for every such offense. Sec. 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 Ctiy of New York. 3. Coal. Sec. 18. Xo person shall unload, vend, or expose for sale, any charcoal at either of the slips in front of any of the public markets of the Borough of Manhattan, under the penalty of $10 for every such offense. Sec. 10. In the sale of anthracite coal the hundred-weight shall consist of 100 pounds avoirdupois, and jo such hundred- weight shall constitute a ton. 4. Sale of Poultry. See. 20. Xo 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 destroyed, and the rer offered for sale in contravention of the provisions of this or- dinance. Article 3 — Sales and Auctions in the Public Streets. Sec. 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 within the limits of the Borough of Manhattan, any sawdust, except in bags !y tied, which shall neither be filled nor emptied nor the con- tents ihereof permitted to be scattered or blown about in any such street, avenue or public place, under a penalty of $25 for every viola- ORDINANCES OF THE CITY OF NEW YORK. 261 tion of the provisions of this ordinance. Sec 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 consent 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 $10 for every such offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. Sec. 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 $10 for each offense to be sued for and recovered from the seller, auctioneer or his agent, severally and re- spectively. Sec. 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 $io for each offense, to be sued for and recovered from the auc- tioneer, his agent or the purchaser thereof, severally and respectively. Sec. 30. Xo bellman or crier, nor any drum or fife, or other in- strument of music or any show-signal or means of attracting the at- tention of passengers other than a sign or flag, shall be employed 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 the penalty of $10 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. Sec. 31. No auctioneer or other person shall sell or expose for sale at public auction or vendue, any dry goods, hardware, wooden- ware 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 furniture at the places and as hereinbefore pro- vided alone excepted), under the penalty of $10 for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively. Sec. 32. No auctioneer or his agent or servant shall sell or ex- pose for sale at public auction any goods, wares, merchandise or other thing whatsover; to any person or persons who at the time of ORDINANCES OF THE CITY OF NEW YORK bidding for the same, or whilst examining the same shall be on the sidewalk or carriageway of any of the streets of the Borough of Man- hattan, under the penalty of $10 for every such offense. Sec. 33, No auctioneer 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 hereinbefore designated or men- tioned, under the penalty of $20 for every such offense, to be sued for and recovered from the seller, auctioneer or his agent or servant, severally and respectively. Article 4 — Sale and Discharge of Firearms, Etc. Sec. 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 limits of the Borough of Manhattan, without a written permission from the Mayor, under a penalty of $25 of every offense. In no case shall the calibre of the cannon exceed 4 pounds. The provisions of this section, except that relating to the calibre of the cannon, shall not apply to the fourth day of July in each and every year. Sec. 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 of these ordinances, or shall cause or permit the same to be done, shall severally forfeit any pay the sum of $50 for each discharge or firing off of any piece of artil- lery, to be paid into the City Treasury for the use of the City. Sec. 36. The sale or use of the instrument known as the "patenl flying cap exploder" is hereby prohibited within the limit- of the Borough of Manhattan, under a penalty of $10 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. Sec. 37. The sale or disposal to minors of toy or other pistols that can be loaded with powder and ball or blank cartridges to be exploded by means of metal caps, is hereby prohibited, under penalty of a fine of $10 for each* offense, said tine to be imposed by any Police Justice of this City, upon the arrest of any offender, after due proof of a violation of this ordinance. Nothing herein contained shall apply to the sale or disposal of what are known as firecracker pistils, torpedo pistols or such pistols as arc used for the explosion of paper caps. CHAPTER 2— NUISANCES. Sec. 38. No persons shall swim or bathe in any of the waters within the jurisdiction of the Borough of Manhattan, except in pub- ORDINANCES OF THE CITY OF NEW YORK lie or private bathing houses, unless covered with a bathing- suit so as to prevent any indecent exposure of person, under a penalty of $5 for each offense; nor shall any person dress or undress in any place in said Borough, exposed to view, under a like penalty. Sec. 30. 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, pro- cure or abet any other person to use or perform with any musical or other instrument, 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 con- strued so as to affect any band of music or organized musical so- ciety engaged in any military or civic parade or in serenading, who shall comply with the Laws of the Slate 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 perform with, any hand organ in any of the streets or public places in the Borough of Manhattan, before the hour of 9 a. m. nor after the hour of 7 p. m. of each day, nor during any part of the firM day of the -week, commonly called Sunday, nor within a distance of 500 feet of any public 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 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 hereinafter ordained. Upon the payment of a license fee of $1 per annum, the Mayor may license Mich number of organs as he may deem propet, 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 thereof shall be a misdemeanor, and punishable by a tine not exceeding $10. or imprisonment not exceeding ten days for each offense. Sec 40. Xo person within the Borough of Manhattan shall, from any window of 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, 2»U ORDINANCES OF THE CITY OF NEW YORK exhibit to the public upon said street, or upon the opposite sidewalk, any pantomime performance or puppet of other figures, ballet ofr other dancing, corned}', farce, show with moving figures, play or other entertainment of the stage or dramatic performance, or of that nature, under the penalty of $10 for each offense. Sec. 41. Xo advertising trucks, vans or wagons shall be allowed in the streets of the Borough of Manhattan, under a penalty of $10 for each offense. Nothing herein contained shall prevent the put- ting 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. Sec. 42. It shall not be lawful for any person to place or keep on any window sill, railing or balcony, top or porch or any other projection from any house or other building in the Borough of Man- hattan, any earthen flower pots, wooden box or other article or thing for the cultivation or retention of flowers, shrubs, vines or other arti- cle or thing whatever, unless every such dower 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 $10 for every fftense, to be recovered in the manner now specified by law for the collec- tion of fines imposed for violations of ordinances of the said Borough. CHAPTER 3— PARTITION" FENCES AND WALLS. Sec. 43. All partition fences in the Borough of Manhattan shall be made and maintained by the owners of land on each side, and each party shall make and keep in repair one-half part thereof when it can be conveniently divided. Sec. 44. In case of any dispute between the parties concerning 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 sufficiency of any fence in the Bor- ough of Manhattan, the matter shall be determined by an Alderman for the time being of the district in which such partition or other fence may be situated. Sec. 45. W hen any partition fence cannot be conveniently di- vided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. Sec. 46. W hen 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 supporting the same -hall be necessary, such partition wall shall be made and maintained by the ORDINANCES OF *THE : CITY OF NEW YORK. 265 ©wrters, respectively, of the land on each side, and when the same can be equally divided cadi part}- shall make and keep in repair one- halt part thereof. Sec. 47. If any dispute shall arise concerning the division of Sti€h partition wall between the parties, Of as to what part or por- tion of it should be made or repaired by each party, respectively, or concerning the sufficiency of any such partition wall, the same shall be determined by the Alderman. Sec. 4S. 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 each side. Sec. 40. Hie regulation of lots, in conformity with the street, should be calculated not to exceed a descent of 2 inches 011 every 10 feet. Sec. 50. Where any owner or owners shall insist on maintain- ing his, her or their ground higher than such regulation, the surplus partition wall which may be necessary to support such height shall be made and maintained at the individual expense of such owner or owners. Sec. 51. W here any such owner or owners shall insist on regu- lating his or her or their ground with adescent less than 2 inches on every 10 feet, the surplus partition wall necessary to support the ground in the adjoining lot. regulated in conformity with the pre- ceding section, shall, in like manner, be made and maintained at the individual expense of such owner or owners. Sec 52. If any person whose duty it ma}* be to make or repair any partition fence or partition wall, or any part thereof, in pursu- ance 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 law ful 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 sucU person the expense of making or repairing so much thereof as ought to have been made or re- paired by him or her, together with costs of suit, in any court having cognizance thereof. Sec. 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 5 feet high, and shall be built of good and substantial materials. ai*l sufficient in all respects to keep out and prevent the encroachment of cattle, sheep hogs and other animals, and shall be kept in good repair, and of the height mentioned. Sec. 54. The owner or owners, lessees or lessees, tenant or ten- ants, of any lot. piece of ground or premises, upon which any fence 266 ORDINANCES OF Till-: CITY ()!• \K\Y YORK not of the height, and that shall not he erected in the manner or 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 any cattle, sheep, hog. or other animal doing damage upon his oi- lier premises; nor shall any cattle, sheep or other animal he placed in pound for doing damage, unless such fence he erected and kept of the height and in the manner mentioned in the last preceding section. Sec. 55. In case of any dispute between the parties concerning any fence embraced within this article, of the sufficiency thereof, the matter shall he determined by the Aldermen for the time being of the district in which such fence may he situated. CHAPTER 4. Article 1 — Surface Railroads. Sec. 56. Each and ever}- passenger railroad car running in the Borough of Manhattan shall pa\ into the City Treasury the sum of $50 annually for a license; a certificate of such payment to he pro- cured from the Mayor, except the one-horse passenger ears and the Ninth Avenue Rail Road Company, which shall each pay the stun of $25 annually for said license as aforesaid, and except such as pay the um of 3 per cent, or over on the gross receipts, or where the franchise has been sold at public sale to the highest bidder. Sec. 57. Each certificate of payment of license shall he affixed to some conspicuous place in the car. that it may he inspected by the proper officer, to he designated and appointed by the Mayor. Sec. 58. For every passenger car run upon any of the railroads without the proper certificate of license, the proprietor or proprietors thereof shall be subject to a penalty of $50 for each day every such car shall he so run, to he recovered by the Corporation Counsel, as in the case of other penalties, and for the bene fit of the City Treasury. Sec. 59. Ever}- railroad car company whose Cars are propelled or driven within the limits of the Borough of Manhattan shall pro- vide 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 Bon ugh limits, with a good light or lan- tern, which shall he placed in a conspicuous position on the front ot the car, to warn persons of its approach, between sunset and sunrise of each day. Sec. 60. Every such company which shall refuse or neglect to conform with the provisions of the foregoing section shall he subject ORDINANCES OF THE CITY OF NEW YORK. 267 to a penalty of $100 for each and every trip, or part of trip, through the Hi rough limits made by a car of such company that i< not pro- vided with said light, such penalty to he recovered in the name and for the use of The City of Xew York. Sec. 6l. It shall not be lawful for any railroad company to operate any cars upon any portion of its route in the streets or high- ways of the Borough of Manhattan, without providing for the opera- tion and management of every such car a conductor as well as a driver. Sec. 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 fore- going section of this ordinance, the company so offending shall he subject to a penalty of $50 for each trip or part of a trip which such car >hall so make, to he recovered by the Corporation Counsel, as in the case of other penalties. Sec. 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 com- panies operating a street surface railroad or railway in the Borough Of Manhattan, and such company or companies shall require to trans- fer such passenger from one car to another, there shall be conspicu- ously 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 additional charge to each and every passenger who, having paid one fare, de- sires to traverse such route or routes. Sec. 64. Ever}- violation of the foregoing provisions of this or- dinance shall subject such company or companies to a penalty of $5 for each day, or part thereof, during w hich the notice above provided for shall not be posted and maintained as hereinbefore required, in each and every of the cars included in the foregoing section of this ordinance, to be recovered on behalf of The City of New York by the Corporation Counsel, in any court of competent jurisdiction. Sec. 65. The several railroad companies now running cars on the surface of any of the streets in the Borough of Manhattan 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 minutes, between the hours of t w elve .midnight and six o'clock a. m.. each and every day. both ways, for the transportation of passengers. Sec. 66. Each and every company who shall neglect or refuse to comply with the provisions ot section 1 of this ordinance shall 2<»8 ORDINANCES OF THE CITY OF NEW YORK. thereby incur a penalty of 8100 for each and every such neglect or refusal, to be recovered by the Corporation Counsel, as in the case of other penalties. Sec. 67. It shall be the duty of every person, company or cor- poration operating or controlling any railroad in the Borough of The Bronx, City of Xew York, upon which cars are drawn by locomotive engines other than those known as "dummies," to erect and main- tain suitable and substantial 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 avenue 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 properly warn all the persons again si crossing said tracks during 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. Sec. 68. It shall not be lawful for any person, company or cor- poration, operating or controlling any railroad in the Borough of The Bronx, City of Xew York, to run or allow to be run any locomotive or locomotive and tender without cars across any public street, road or avenue n said Borough, unless the gates or doors at such cross- ing are closed or down, or to permit any locomotive or steam en- gine, car, carriage, wagon or vehicle of any kind whatever, to stand for a longer time than five minutes at the intersection caused by the crossing of such railroad and any public street, road, or avenue at the grade thereof. Sec. 69. Every failure to comply with the provisions of this or- dinance on the part of the president, directors, superintendent or other officers of any company or corporation, or on the part of any person or persons operating or controlling 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 N( w York City Consolidation Act of 1882. Sec. 70. It shall be unlawful for any railroad company or com- panies using the tunnel or tunnels in Park avenue, and for any mana- ger, 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. Sec. 71. .Any company, manager or employee or servant of any railroad company or companies who shall allow or suffer any viola- ORDINANCES OF THE CITY OF NEW YORK. 261 tion of this ordinance to be committed within any of said tunnels shall pay a penalty of $50, 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. Sec. 72. Such penalty shall be without prejudice to the right oJ action of any person injured by violation of this ordinance. Sec. 73. The several railroad companies whose lines terminate at the port of New York may draw or cause to be drawn their freight cars by the use of dummy engines furnished by the said railroads, or the Central Park, North and East River Railroad Company as may be agreed upon, between the hours of 7 o'clock in the evening and 5 o'clock in the morning, betwen the 15th day of .April and the 15th day of September, and between the hours of 6 o'clock in the evening and 5.30 o'clock in the morning, between the 15th day ol September and the 15th day of April in each year, over the railroad tracks used by the said Central Park, North and East River Rait road Company on West street, and from West street to and on the East river side of the Borough of Manhattan as far as Orand street, with the consent of said company, and also to lay down railroad tracks to and upon any of the bulkheads and piers and into ware- houses on the North and East rivers to connect with any railroad tracks now laid on West street, and also to connect with any rail- road tracks from West street to Orand street, on or near the Easl river, used by the said Central Park, North and East River Railroad Company, with the necessary branches, switches and turnouts, and to run 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 tfl 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 Citj of New York an annual license fee of $50 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 excep.1 on said bulkheads and piers or in said warehouses. Provided always that said Central Park, North and East River Railroad Company shall extend equal privileges to said first-mentioned companies foi the use of its railroad tracks. Sec. 74. The Sixth Avenue .Railroad Company, or the. Metro- politan Street Railway C« mpany, lessee thereof, shall be required to run cars over so much of its route as continues from West Thin! street and Sixth avenue to Carmine street, to Varick street, to W all? 210 ORDINANCES OF THE CITY OF NEW YORK street, to the Desbrosses street ferry and return, in the Borough of Manhattan, at intervals of not more than live minutes, between the hours of 5 o'clock a. in. and i I o'clock p. nr., under a penalty of $25 tor each violation of this provision. See. 75. The Metropolitan Street Railway Company be and it i> hereby directed to have placed on each and every ear operated on the Lexington avenue branch of its system a sign indicating in plain let- ters the exaet stepping 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 Metropoitan Street Railway Company. Sec. 76. Each and every violation of the provisions of the Fore- going section shall be subject to a line of not less than ten (10) dollars. Article 2 — Elevated Railroads. See. 77. There shall be phund 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 "boulevard lamps" or glass globes, of such pattern and in such places under said depots as shall be approved by the President of the Borough, 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, directors or other officer of every such railroad company, shall be deemed a misdemeanor, and shall be pun- ished, on conviction 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 line, by imprisonment not exceeding ten days. Sec. 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, ear, track, depot or other portion of the elevated railroads, into or upon any street, avenue or public place in the Borough of Manhattan; and every per- son 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 Police Magistrates of this City, shall pay a line not exceeding ten dollars ($10) for each offense, or in default of payment of said line, shall be punished by imprisonment not exceeding ten days. ORDINANCES OF THE CITY OF NEW YORK. 271 Sec. 79. Ail elevated railroad companies or other companies op- crating elevated railroads in the Borough of Manhattan shall place a guard-rail and a hoard pathway on each side and in the centre 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 railroad company or other company oper- ating such railroads shall he liable to a line of not less than fifty dollars ($50) for each day of such violation. CHAPTER 5— MISCELLANEOUS ORDINANCES. Article 1 — To Prevent Injury to Hose at Fires. Sec. 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 lire that may occur within the limits of said Borough, shall be deemed guilty of a misdemeanor, and an conviction thereof before any Police Magistrate, shall pay a line of $10, or in default of the payment of such hue, by imprison ment, provided such imprisonment does not exceed ten days. Sec. 81. The provisions of this last preceding section shall not apply to drivers of wagons carrying the United States mail, t" ambulance^! 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 op- erating at any such lire, and under his direction. Article 2 — Placards on Lamp-posts, etc. Sec. 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 p >r- tion or part of any sidewalk or curbstone in the Borough of Man- hattan, under a like penalty. Sec. 83. The violation of any of the provisions of the preceding section shall be punishable by a line of not less than $] or more than $10. Article 3 — Defacing Sidewalks. Sec. 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 $5 lor each offense. ORDINANCES OF THE GITY OF NEW YORK. Article 4 — Blasting of Rocks. Sec. 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 10 inches square and 10 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 ex- plosive to be used shall not exceed one pound in weight of 40 per cent, explosive for each 4 feet depth of hole that is not 10 feet below the curb, and one pound in weight of 60 per cent, explosive for each 4 feet depth of hole that is more than 10 feet below the curb. Sec. 86. Three minutes' notice before firing the blasts shall be given by displaying a red flag on a staff not less than 10 feet high, set in a conspicuous place within 25 feet of the point where the charge i- placed, and also by calirig 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 of all hou>es within three hundred (300) feet of the place of blasting on the •Morning of each day upon which blasting shall be done. Sec. 87. For every violation of cither of the preceding sections of Shis article the offending party, upon complaint and conviction there- of before a City Magistrate, shall be liable to a fine of $25, ^fnd stand &ommitted until the same is paid. Article 5 — Ice Wagons. Sec. 88. It shall not be lawful for the owner or driver of any n agon 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 imple-> ments 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. Article 6 — Racing Horses. Sec. 89. No person shall run or race any horse in any public street, road or avenue in the Borough of Manhattan, nor shall con- sent to or suffer such racing, under the penalty of $50 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 ani- mal which shall so race and run. severally and respectively. Sec. 90. The last preceding section of this article shall be con- strued to prevent and punish the running, racing or trotting of any ORDINANCES OF THE CITY OF NEW YORK. 273 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 otherwise. See. 91. Xo 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 sueh horse and sleigh or sled to warn persons of his approach, under the penalty of $10 for each offense, to be paid by the driver, owner or person having the care, charge or keeping thereof, severally and respectively. Article 7 — Automobiles. Sec. 92. The Mayor of The City of Xew York shall, from time to time, issue licenses, under hi- 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, and may revoke any and all of said licenses for cause. Sec. The provisions and penalties of the ordinances of said City of New York relating to the licensing of hackney coaches or cabs and 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 hereunder, and to the owners and drivers thereof. Sec. 94. Every such horseless coach, carriage or cab shall be equipped with a bell to be used to signal its approach to pedestrians and t<. other vehicle.-. PART III. ORDINANCES AFFECTING THAT PART OF THE CITY OF NEW YORK INCLUDED WITHIN THE BOROUGH a OF BROOKLYN. CHAPTER I. Article 1 — The Borough President. Sec. 1. The Borough President shall have the power to grant permits to builders to occupy not to exceed one-third of the carriage- way 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 con- dition 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. Xo such permit 274 ORDINANCES OF THE CITY OF NEW YORK 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 ($."">()), as a guarantee that he or they will promptly comply with the eonditions 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 empowered t<> use so much of the moneys so deposited as may be required to effect the prompt removal of such dirt or rubbish 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 hy 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 ($."><)). on notice from said Borough President and in default thereof, all permits theretofore issued to the builder or build- ers 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. An}' builder or builders may at any time withdraw his or their -aid deposit provided said builder or builders hold no unexpired permits and have fully complied with all the conditions of all premits theretofore issued, otherwise said builder or builders shall be only entitled to withdraw and receive as much of said deposit as may re- main unexpended after the provisions of this section relative to the use of said money for the removal of dirt, rubbish or building ma^ terial, as the case may be. have been carried into effect. Sec. 2. Whenever any person or persons, corporation or corpo- rations, association or associations, shall leave any building materials (telegraph poles or other obstructions on any public street or place, or shall make any excavations therein under the authority ot any law, ordinance or permit, suitable lights shall be placed thereon in the night time to indicate such obstructions or excavations. Any such person or persons, corporation or corporations, association or associations neglecting to comply with the provisions of this sec- tion, shall be liable to pay a penalty of twenty-live dollars ($2.')) for each and every offense: provided, however, that nothing herein con- tained 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. ORDINANCES OF THE CITY OF NEW YORK. Sec. 3- Aii\- person or persons owning or occupying premises in from of which the gutter has been bridged to facilitate the passage of vehicles, shall keep the gutter under such bridge free from ob- structions, and in default of their so doing in any case, the Borough President is authorized to remove said bridge, clean the gutter there- under 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 so owning or occupying the said premises, to be recovered by an action to be brought by the Corpo- ration Counsel for that purpose. Article 2 — The Commissioner of Water Supply, Gas and Electricity. Sec. 4. In case any person shall trespass on any part of the em- bankment of the 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 Depart- ment of Water Supply. Gas and Electricity, as to the time they shall leave the embankment of >>aid reservoirs, or the grounds or buildings attached to said reservoirs, that then, and in that case, such person shall be subject to a tine of $25, to be levied and collected in the manner aforesaid: and in default of payment, imprisonment as in like manner, not to exceed 25 days in the City prison. Art/cle 3 — Sidewalks and Roadways. Sec. 5. In all streets of the Borough of Brooklyn of the width of 40 feet and upwards which shall hereafter be paved, the sidewalks or foot walks between the Lines of the street 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 street 70 feet wide, is feet." "In all streets 80 feet wide. L9 feet." "In all streets SO feet wide, and not exceeding 100 feet. 20 feet." "In all streets le>> than 40 feet in width, such proportion thereof as may be directed by the Board of Aldermen shall be used and flag- ged for the sidewalks and footpaths." On all streets of the Borough of Brooklyn of 66 feet which here- after be paved, the sidewalks or footwalks between the line of the streets and kennels shall be is feet in width. Sec. 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 $10. to be 276 ORDINANCES OF THE CITY OF NEW YORK sued For and recovered from the person laying the same, and the owner or owners of the lot fronting on the sidewalk severally and respectively. Sec. 7. All sidewalks in the Borough of Brooklyn, and the flag- ging or other materials which the same shall he laid or covered, shall be repaired and kept in repair at the expense of the owner or owners of the premises or lots fronting or adjoining the sidewalk. Sec. 8. When any sidewalk in said City shall be out of repair in any way, or the flags or other material with which it is laid or cov- ered shall he loose, broken, decayed, 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 -aid Board the owner or owners of record of any lot or premises fronting or adjoining such sidewalk shall refuse or neglect to repair tin- same in a good, sufficient and proper manner, as required by the Borough President within ten days after a written or printed notice shall have been served by such officer or other person in his name, on such owner or owners, or either of them personally, or shall have left at the place of 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 reside 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 resi- dence is unknown to the said Borough President, posted in a con- spicuous place on said premises, such owner or owners shall severally forfeit and pay $25 for each lot fronting on or adjoining the side- walk 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, with the consent of the Board of Aldermen, after a like notice or without notice of such sidewalk be in a dangerous condition, cause the same to be repaired as afore- said at the expense of such owner or owners. The penalty aforesaid and the cost and expense of repairing, where done by the said Bor- ough President to be sued for and recovered in the name of The City of New York. The Corporation Counsel shall cause a state* ment of such cost and expense, together with a description of such premises, to be filed in the office of the County Clerk of the County of Kings. Sec. 9. Any owner or owners of property in the Borough of Brooklyn may lay a sidewalk in front of his. her or their premises, oi such material and in such 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 sidewalk. If bluestone or granite flags are to beused. they shall be of the fol- ORDINANCES OF THE CITY OK XEW YORK. 277 lowing dimensions, to wit: Not less than five (.">) feet in length nor less than three (.']) feet in width, and not less than two and one-half (2 1-2) inches in thickness at the thinnest part, provided, however, that where the sidewalk is to he laid the full width thereof, the outer and inner courses of flags may be of a lesser length, but shall con- form to the other courses in thickness and width. Each and every course to be of flags of uniform length. The specifications for flag- ging the sidewalks of various streets in the Borough of Brooklyr to be done under public contracts, shall apply to the work to be don< under any permit issued as aforesaid in every respect as to quality of stone, foundation for flagging, tilling 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 work. The penalty for violation of any of the foregoing provisions shall be $10 for each offense. It shall be the duty of the Borough President to insert ir: all specifications for flagging sidewalks with bluestone flagging under proceedings for assessing the cost thereof upon the owner of the abutting property, the following provisions: "All flags to be laid under contract of which these specific;.' • ns 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 (2 1-2) inches in thickness at their thinnest part, provided, however, that when the sidewalks is to be laid the full width thereof, the outer and innner 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 carriageway or sidewalk adjoin- ing 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." Sec. 10. It shall be the duty of the Borough President to remove any flagging which may be hereafter laid contrary to the provi-i< ns 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 apper- taining to the same respectively; such action to be taken in the name of The City of Xew York. 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 King-. Sec. 11. In all eases where the sidewalk or carriageway »; t street shall be encumbered or obstructed by the caving in or falling 278 ORDINANCES OF THE CITY OF NEW YORK off of any dirt, earth, rubbish or anything whatever, from any lot adjoining such sidewalk's 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 carriageway within ten 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 owner 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 -hall be sent by mail, addressed to such owner or owners at his place of residence, or when such residence is unknown to the said Borough President, posted in a conspicuous place on said premi ses. Sec. 1:2. If such owner, occupant or agent does not remove such dirt, rubbish or anything whatsoever from the sidewalk or thorough- fare fronting his premises within the time specified in the foregoing -ection after notice thereof, it shall be the duty of the Borough Presi- dent to cause the same to be removed at the expense of said owner or owners, his or their occupant or agent, and such expenses shall be sued for and recovered in the name of The City of Xew York, in addition to the penalty imposed by the preceding section. The Cor- poration Counsel shall cause a statement of such cost and expense, together with the description of such premises, to be hied in the office of the County Clerk of the County of Kings. Sec. 13. Any owner or owners of property in the Borough of Brooklyn may lay a granolithic, cement or concrete sidewalk in front of his, her or their premises, hut no sidewalk shall be so laid without a written permit issued by the Borough President. When- ever 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 linn base. All material, composi- tion and work shall conform to specifications approved by the Chief Engineer and the Borough President, on tile 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 Magging inmproperly laid, shall apply equally to the sidewalks laid under this section. Sec. 14. The widths of the roadways and the sidewalks of the streets in the Twenty-ninth and Thirty-second Wards of the Bor- ough of Brooklyn are hereby fixed at the dimensions prescribed by the ordinances of the former City of Brooklyn, instead of the dimen- sions indicated upon the title pages of the maps of the former Towns of I'latbush. Xew L'tretch. GraveSend and Flatlands, except in the ORDINANCES OF THE CITY OF NEW YORK. 279 case of the following-named streets and avenues where the width of roadways and sidewalks shall remain as shown upon the above- mentioned town 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 Xew 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. Cortlyou road, for its entire length. Clarendon road, for its entire length. Avenue E (or Ditmars avenue), between Coney Island avenue and West avenue, and between Remsen avenue and RockaAvay avenue. Avenue F, between Rogers avenue and Ocean avenue. Flatlands avenue, within the limits of the Thirty-second Ward. Rogers 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 Xew 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 X to Jamaica Bay. East .Ninety-eighth street for its entire length. Avenue X', from Remsen avenue to East Ninety-third street, and from Flatbush avenue to Avenue U. Avenue U, from Avenue X to Jamaica Bay. Linden avenue, from East Ninety-second street to Rockaway parkway. Avenue A within the limits of the Thirty-second W ard. CHAPTER 2— PUBLIC SAFETY AND ORDER. Article 1 — General Provisions. Sec. L5. The provisions ot this ordinance shall apply to the ORDINANCES OF THH CITY OF XKW YORK Borough of Brooklyn, and every pari thereof, except in cases other- wise expressed, and the penalty for violating any of the same shall be $H> 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. Article 2 — Nuisances. Sec. 1G. No person shall swim or bathe in the waters of or abounding the Borough of Brooklyn by day, or in such water within 200 feel of any ferry or other public landing or bridge, at any time without* being clothed so as to prevent any indecent exposure of the body. Sec. IT. No person shall deal, play, or engage in faro, roulette or other device or game of chance, hazard or address, either as banker player, dealer, or otherwise, for the purpose of gambling. See. IS. Xo person shall wash, or cause to be washed, any cart, carriage or other vehicle in any street, avenue or public place. Sec. 19. Xo person shall raise or fly, or attempt to raise or fly, any kite in any street or avenue. Sec. 20. No bean shooter or other instrument for throwing bullet-, 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. Sec, 21. Xo person shall throw or cast any stone or other mis- sile, in. from or to any street, lane, public place or unenclosed ground. Sec. 22. No person shall raise or assist in raising a false alarm >f fire, or shall make a cry of fire without any apparent cause there- for, for the purpose of an alarm: or shall, unless he be a duly ap- pointed bell ringer, ring any bell for the- purpose of raising an alarm of fire, except in case of fire. Sec. 23. Xo person shall paste, post, pain reprint or nail upon or "ther public place of the Borough of Brooklyn by lounging in or about the same. Sec. 3 1. Xo person shall paste, post, paint, print or nail upon any of the curb, gutter or flag stones, 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 advertisement, under a penalty of $10 for each and every offense. ORDINANCES OF THE CITY OF \'EW YORK. 281 Article 3 — Protection from Fire. Sec. 2."). No person shall take or use in any barn or -table 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. Sec 26. No person shall, within the said Borough, deposit ashes on the wooden floor 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. Sec. 27. Xo person shall drive any vehicle over any hose stretched or laid at any fire or alarm of fire in the Borough of Brook- lyn, under a penalty of $10 for each and every offense. Article 4 — Atlantic Avenue Railroad Crossings. Sec. 28. Xo person shall attempt to cross the railroad on Atlantic avenue at an}- street crossing, while the gates for the protection of such crossings are closed, or being closed, under a penalty of five ($5.00) dollars for every offense, and it shall be the duty of t L e police at once to arrest any person so offending. Article 5 — Vault Covers, etc. Sec. 20. Xo 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. an}- grate or covering or aperture of any vault or chute under any street or avenue, but n< (th- ing herein contained shall prevent the owner 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, pro- viding he inclose such opening or aperture, and keep the same in- closed while such grate or covering shall be removed, with a strong box or curb at least 12 inches high, firmly and securely made, and provided that openings of more than two square feet of superficial area shall be inclosed at such times with strong railings not les-; than 3 feet higlu to be approved by the Borough President, and provided further that such grates or coverings shall not be removed until after sunrise of any day and shall be replaced before one-half hour after sunset. CHAPTER 3— PARTITIOX FEXCES AND WALLS. Sec. 30. All partition fences in the Borough of Brooklyn shall be made and maintained by the owners of land on each side, and each party shall make and keep in repair one-half part thereof when it can be conveniently divided. 282 ORDINANCES OF THE CITY OF NEW YORK. Sec. 31. In case of any disputes between the parties concerning the division of any such fence, or as to what part or portion of it >hall be made or repaired by each party, respectively, and in all cases -of dispute concerning the insufficiency 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 situated, or by an Alderman residing in an adjacent ward, in case there should not be a resident Alderman . within the boundaries of the ward in which such dispute arises Sec. 32. When any partition fence cannot be conveniently di- vided, the same shall be made and kepi in repair at the joint and equal expense of the owners of the land on each side. Sec. 33. When the regulation of a lot. in conformity with the street of which it is situated, shall require the ground of such lot be raised and kept up higher than the ground of the adjoining lot or lot.-, and a partition wall for supporting the same shall be necessary, Such partition shall be made and maintained by the owners, respect- ively, of the land on each side: and when the same can.bg equally divided each party shall make and keep in repair one-half part thereof. Sec. 3-1. 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 con- cerning the sufficiency of any such partition wall, the same shall be determined by the Alderman as aforesaid. Sec. 3."). Where any partition wall cannot conveniently be divided, the same shall be made and kept in repair at the joint and equal ex- pense of the owners of the land on each side. Sec. 36. The regulation of lots, in conformity with the street, should be calculated not to exceed a descent of 2 inches to every 10 feet. ■ Sec. 37. Where any < wner or owners shall insist on maintaining In-, her or their ground" higher than such regulation, the surplus par- tition wall which may be necessary to support such height shall be made and maintained at the individual expense of such owner or owners. Sec. 38. Where any such owner or owners shall insist on reg- ulating his, her or their ground with a descent less than 2 inches on every 10 feet, the surplus partition wall necessary to support the ground in the adjoining lot. regulated in conformity with the fore- going sections, shall, in like manner, be made and maintained at the individual expense of such owner or ( wners. Sec. 3,9. 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 ordinan.ee, shall neglect to do so for six days after being re- quested, in writing, by the owner or occupant of the adjoining ground.. ORDINANCES OF THE CITY OF NEW YORK. m 283 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. Sec. 40. All outside and boundary fences, and all fences erected on the line of any public road, street, lane or avenues in the Borough of Brooklyn, shall be at least ."> feet high, and shall be built of good and substantial materials, and sufficiently in all respects to keep out and prevent the encroachment of cattle, sheep, hogs and other animal-, and shall be kept in good repair, and of the height mentioned. Nothing herein contained shall apply to court yards or iron railings. Sec. 41. The owner or owners, lessee or lessees, tenant, or ten ants, 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 or 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 any cattle, sheep, hog or other animal doing damage upon his, their oi- lier premises, unless such animals shall have been unlawfully at large: nor shall any cattle, sheep, hogs or other animals be 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. Sec. 4:1. In case of any dispute between the parties concerning any fence embraced within this chapter, or the sufficiency thereof, tiie matter shall be determined by an Alderman of the Borough re- siding 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 in which such dispute arises. See. 4:!. 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 ordi- nance 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 live ($5.00) dollars, and of five ($5.00) dollars for every ten days thereafter that such lot or lots continue unfenced. CHAPTER 4— STREET MUSICIANS. Sec. 44. Xo person shall engage in the business of a street musi- cian playing for hire or voluntary contributions from door to door, or otherwise, without having first obtained a license therefor. Licens< - shall be granted for such purpose by the Mayor upon the terms and conditions hereinafter provided. The provisions of this ordinance 184 " ORDINANCES OF THE CITY OF NEW YORK. shall apply only to itinerant musicians and shall not be construed so as to affect any hand 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. Sec. 45. Licenses to carry on the occupation of street musician shall he granted by the Mayor to such persons who apply therefor, provided that the person or nersons applying shall have been residents of the Borough of Brooklyn for at least one year prior to such appli- cation, and shall pay for such license the sum of $10, said license to be renewed from year to year upon the annual payment of said license fee. The term of residence required hy 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 dif- ferent places of residence in said Borough occupied by said applicant during the year preceding such application. Sec. 46. No person shall use or perforin with any musical in- strument, including a hand organ, in any of the streets or public places of the Borough of Brooklyn before the hour of 9 a. m., or after the In >ur of 9 p. m. of each day. nor during any part of the first day of the week, commonly 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, 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. Sec. 47. Any person violating any of the provisions of this ordi- nance shall be liable for a penalty of $10 for each and every offense. CHAPTER 5— RAILROADS. Sec. -48. Rate 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 a half miles from the Bor- ough 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. Sec. 49. Stoppage of Cars. — Outside of the limits of Fulton street, Myrtle avenue, Broadway and Grand street, defined in the first section of this ordinance, no such street surface railroad car shall .-top inside of any block which does not exceed 300 feet in length. Jn case of blocks exceeding in length 300 feet there shall be a -topping 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 ORDINANCES OF THE CITY OF NEW YORK. 285 avenue, Schermerhorn street, State street. Dean street, Nevins street, Lincoln place, Berkeley place. First street. Third street, Clinton ave- nue. Bushwick avenue, Greene avenue. Lafayette avenue, Stuyvesant avenue. Union street. Second street, Sixtieth street, Ninety-second street. Sixth avenue. Eighteenth avenue, Throop avenue, Jefferson ave- nue. Hey ward street. Grand street. Leonard street. Fifth street. Eighth street, Fourteenth street. Thirteenth avenue, Henry street, Berry street, Metropolitan avenue, and at junction of Fulton, Clinton and Libert_v streets. Bridge street, Albany avenue. New York avenue, Grand avenue, Lewis avenue and Thirteenth street, and between the hours of 8 a. m. and 9 a. m., 12 m. to 1 p. m.. 3 p. m. to 4 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. Pas- sengers shall be received and discharged only from the rear platform and at the far crossing. Sec. 50. No persons except motormen, conductors or police offi- cers in uniform shall be allowed on the front platform of any such cars when in operation, except that such front platforms shall be used for the ingress and egress of passengers at stoppages. The rear plat- forms of cars shall also be used for the ingress and egress of pas- sengers. Sec. 51. Platform Gate — The rear platform gate on the track side of every such car shall be always kept closed. Sec. 52. Accidents — That any individual company or corporation running cars upon the streets of Brooklyn shall, on or before 12 o'clock noon of each day report to the Commissioner of Police in writing, all casualties or accidents and the nature thereof, occurring upon the road under i t s management, whereby any person has suf- fered or sustained injur}- during the day or twenty-four hours pre- ceding the day of report. Sec. 5. c 5. Penalty — Any corporation whose officers, agents or ser- vants shall wilfully or negligently violate any of the provisions of this ordinance shall be iablc for a penalty in the sum of $25 for each and every offense. Sec. 54. Each and every railroad company or companies oper- ating 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. Sec. 55. Resolved, That there 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 indi- cator, in full view of any passenger or passengers that may be upon ORDINANCES OE THE CITY OF NEW YORK. said oar, indicating the rate of speed thai said car <>r oars are trav- eling. Sec. .*)»!. Resolved. That each and everj railroad company oper- ating cars by electricity on any of the streets, avenues or public place- in the Borough of Brooklyn, shall equip each and every car so oper- ated with a safety fender or guard 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 !! inches from the tracks, and to be made and modeled in such a manner that it will be impo -d>U- for any person or persons to pass under the fender or the platform of said car or car.s and come in contact with the wheels of said car. The said front platform of said car to be constructed as the platform occupied by the motorman, no matter in what direction the said cai- rn ay be going. Sec. 57. No railroad company operating cars by electricity upon any of the streets, avenues or public places of the Borough <>f Brook- lyn, for the purpose of carrying passengers, shall carry more passen gefs than fifty per cent, more than its seating capacity. Sec. 58. Penalty — Any corporation whose officers, agents or ser- vants shall wilfully or negligently violate any of the provision- of this ordinance shall be liable for a penalty in the sum of $25 for each and every offense. Surface Railroads. Sec. .V.>. The amount to be paid by the railroad companies in the Borough of Brooklyn to The Cit\ of New York for running their cars shall be calculated by the average number of cars running annu- ally on each route respectively, excluding the extra cars run on holidays. Sec. 60. It shall not be lawful for any person or persons to smoke inside or upon the platforms of any car or other public con- veyance in the Borough of Brooklyn. Sec. 61. Conductors, drivers or other employees are prohibited from eating their meals in or upon any car. or other public conveyance while making a trip. Sec. 62. Xo car shall be used by any of the railroad companies upon their respective routes which may have a broken wh.di w Of door, or insufficient fastening, or be otherwise damaged, any longer than during the day such break, irtsufficienl 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 $10 for each car for each and every day said car is operated in violation thereof. Sec. 63. All railroad cars shall be distinctly numbered, both in- side and outside, and the cars of different routes running in part on ORDINANCES OF THE CITY OF NEW YORK. 287 the same track shall be distinguished by a difference 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 dis- tinguished by the form or color of their signal lights, so as to prevent the cars of different routes being mistaken tor each other. Sec. 7. The said companies shal be subject to a penalty of $50 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. See. 68. It shall be the duty of the police to daily report all vio- lations of laws, ordinances and regulations appertaining to railroads, or other public conveyances, to the Corporation Counsel. .Sec. 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. Sec. TO. Xo engine (running upon the railroad track laid upon and along Atlantic avenue) eastward bound shall depart from the station of the Long Island Railroad Company, at Flatbush avenue, more frequently than once in five minutes, and that no engine west- ward bound and running .upon said track shall depart from Jamaica to run over said Atlantic avenue more than once in live minutes. That is, there shall be an interval of five minutes between the de- parture of all engines, eastward or westward bound from FiatSush 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 coal shall not be used on any engine running upon said railroad. At each street crossing between Linwood street and Flat- bush avenue, men shall be constantly stationed at all hours of the 288 ORDINANCES <>!• THE CITY OF NEW YORK night and day when trains arc 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 20 feet in width shall be placed at each street crossing and closed before the passage of any engine or train. Whenever plat- forms are placed in the streets for accommodation of passengers, the railroad company shall at its own expense keep the entire slreet be tWeen 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 shall be $100. It shall be the duty of the police to make daily reports of any violation of this ordiance, and on the complaint to the President of the 3orough of Brooklyn by any three citizens of any violation of this ordinance, he may proceed against the Long Island Railroad Company in due man- ner for the enforcement of this ordinance and the collection of said penalties. CHAPTER 6— MISCELLANEOUS ORDINANCES. 1. The U^e of Court Yards on Bush wick Avenue Boulevard. Sec. 71. No person or persons shall erect or construct upon the 20 feet on each side of the Bush wick Avenue Boulevard, 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 plat- . forms, with open backs and sides, or railing not to exceed 7 feet in height, or to extend upon said court yards more than 7 feet, or of a greater width than is necessary for the purpose of a convenient pas- sageway into the houses or buildings to which the s vme shall be attached; nor shall any person or persons dig. build or construct any area into said court yard, 2. Fence Line Privileges on Newkirk Avenue. Sec. 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 Flatbush avenue and Coney Island avenue. 3. Display of House Numbers. Sec. 73. The owner or occupant of every private dwelling Louse 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. ORDINANCES OF THE CITY OF NEW YORK. Any person violating the provisions of this ordinance shall be liable to pay a penalty of $10. 4. Canarsie Cemetery. Sec. 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 Xew York. The Mayor of The City of Xew York is hereby authorized to appoint a commission of three numbers, each of whom at the time of his appointment shall have b'een a resident of the Thirty-second ward for three years, to have full charge and control of said cemetery. Each of the members 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 sufficient 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. 5. Watering Horses. Sec. 75. Xo person shall suffer or permit any horse or other animal to drink from a pail or vessel while the same is attached to the spout or other part of any public pump or hydrant in any street or public grounds. G. Dog Snatching. Sec. 76. Any person who shall remove, or cause to be removed, the collar to which is attached the license tag, or either of them, from the neck of any dog, or shall entice any properly licensed dog into any enclosure for the purpose of taking off its collar or license tag, or either of them, or shall for such purpose decoy or entice any ani- mal out of the enclosure 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 killing or selling the same, shall forfeit and pay a sum of not more than twenty ($20) dollars. 7. Speed on Bridges. Sec. 77. Xo 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 $">.0() for each offeirse. ORDINANCES OF THE CITY OF \F\Y YORK. 8. Bells on Junk Carts. Sec. 78. No junkman or other^person engaged in the buying or jelling of goods, chattels or merchandise of any kind in the Borough of Brooklyn, shall use or employ on any street, lane or avenue of ?aid Borough, cither by having the same attached to his vehicle or horse, or in any other manner, any hell exceeding six ounces in weight, or more than three hells at any one time, or cause or allow the same to be done, under a penalty of $10 for each and every offense, to be several^' paid by the person doing and the person causing the same to be done. 9. Marking Hay Bales. Sec. 79. Tt 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 In- the bale, unless the exact gross or net weight shall be legibly and iistinctly marked on every such bale of hay or straw, under a penalty of ten dallars ($10) for each bale of hay or straw sold or offered for sale. 10. Injury to Bridges. Sec. 80. Every master or owner of any steamboat, ^teamtu-* (.:nal Boat or sailing vessel, who through his fault or negligence, or through the fault or negligence of his servant, agent or employee, injures, or cause- or permits 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 $10 nor more than $250 for each and ever}' such offense. 11. Theatrical Billboards. Sec. 81. . Billboards or signs (not exceeding two in number), to advert - theatrical performances or public entertainments, may be placed upon 1 the sidewalk in front of theatres and places of public Entertainment adjacent to the curb, but each of said billboards or signs shalJ not occupy a space across the street of more than 9 inches and shall not be more than 3 feet in width parallel to the street and shall not be less than 15 feet apart. 12. Protection of Piers at Wallabout, etc. Sec. 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 die foot of Washington avenue, for the purpose of loading or Utloading any vessel lying at said docks, bulkheads or piers, with any description of apparatus necessitating the going to and fro in a iirect line of said horse or animal, unless he or they shall place upon ORDINANCES OF THE CITY OF NEW YORK the same a temporary flooring of planks to prevent the wearing 01 rotting of the deck of the dock, bulkhead or pier so used, and such temporary flooring shall be removed immediately after the loading i 1 1 unloading of said vessel by the person or persons using the same, under the penalty of $25 for each and every violation of the pro- visions of this section. PART IV. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS LONG ISLAND CITY. CHAPTER 1— PUBLIC SAFETY AND ORDER. Article 1 — Hydrants. Section 1. If any person, except one of the engineers or foremen of tiie lire companies, or by special permit from the Department of W ater 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 water taken therefrom or wasted, they shall be liable to a penalty of $50 for each and every such offense. Article 2 — Washing Horses and Carriages. Sec. 2. Xo person shall , wash, or cause, or procure, or permit to be washed, any horses or carriages within 25 feet of any pump in an>- street in that section of the City formerly known as Long Island City, under the penalty of $.10 for ever}- such offense. Article 3 — Cellar Doors, Steps and Street Obstructions. Sec. 3. Xo person or persons shall construct or continue my cellar door which shall extend more than one-twelfth part of any >treet, or more than 5 feet into any street, under the penalty of $54J for each offense. Sec. -t. Every entrance or flight of steps projecting beyond the house-line of the street and descending into any cellar or basement story of an}- house or 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 :> to feet high, with a gate to open in- wardly, or with two iron chains across the front entranceway, one near the to]) and one in the centre of the railing, to be closed during the night, unless there be a light burning over the steps to prevent accidents, under the penalty of $25 for every offense, to be recovered from the owner or lessee thereof, severally and respectively. ORDINANCES OF THE CITY OF NEW YORK. Sec :>. If the owner of any such building shall not be liable for the said penalty for not keeping any such gate closed or chains tastened across the front of such entrance of 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. Sec. 6. Xo person or persons shall hereafter construct any porch over a cellar door under the penalty of $50. Sec. 7. No person or persons shall construct or continue any platform, stoop or step in any street in that section of the City for- merly known as Long Island City, which shall extend more than one- tenth part of the width of the street, nor more than 6 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 5 feet in height, under the penalty of $50. Sec. 8. All persons who wish hereafter to erect balustrades pro- jecting beyond the street line shall first obtain a written permission from the President of the Borough. Sec, 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 ma}' be erected, nor more than 3 feet in any case whatever. Sec. 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 penalty of $5.00 for each day's maintenance. Sec. 11. No person shall place or fix. or continue in any street in thi^ city, any awning-post, or any cloth or canvas for an awning, unless under the direction of the President of the Borough and made conformably to the next section of this chapter, under the penalty of $5.00 for each offense. Sec. \2. No posts fixed in any street for the purpose of sup- porting any awning shall exceed 9 inches in diameter, and the rail crossing the same shall not exceed 7 inches in width or height and 4 inche 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 S feet nor over 10 feet in height above the sidewalk, and the cross-rail shall be Strongly mortised through the upright posts. Sec. 13. It shall be the duty of the President of the Borough to order and direct any awning-post which is erected or continued 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 re- ORDINANCES OK THE CITY OF NEW YORK. 293 moved, ana 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 $5.00. Sec. 14. The owners or occupants of property in any street of this City exceeding the width of 40 feet and from which the wooden awning-posts have been or may hereafter be directed to be removed, shall be. and they are hereby permitted to erect in front of their respective buildings thereon iron posts, and none others, for the sup- port of awnings, with an iron cross-rail, which shall be feet and no more, from the curb-stone to the top of said rail; said post shall be placed 8 inches within the outer side of the curbstone, having the approval of the President of the Borough. Sec. 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 1 inch in diameter, in the proportion of 1 brace for every post. See. 16. The owner or occupants of property in any street not* exceeding the width of 40 feet shall be and they are hereby permitted to construct from their respective building thereon wrought iron brackets for th'e support of awnings, 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 8 feet and 6 inches, and no more, in height from the curbstone to the top of the outer cross-rail. Sec IT. It shall be the duty of the President of the Borough to order and direct the removal forthwith of all awning iron posts and brackets which are now or may be hereafter erected, constructed and continuing in an}' street of that section of the City formerly known as Long Island City, contrary to the preceding provisions of these ordi- nances; and an>- person who shall neglect or refuse to comply with such direction or order, shall forfeit and pay for every such offense the sum of $5.00. Sec. 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. See 10. Xo 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 $5.00 for each day's offense. Sec. 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, 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. 294 ORDINANCES OF THE CITY OF NEW YORK Sec. 21. No person or persons in that section of the City former- ly 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 whatsoever 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 Bor- ough, under the penalty of $25, to be recovered by an action, from such person, agent, owner or employer. Article 4 — Streets and Sidewalks. Sec. 22. If any cartman or other persons shall break or "thcr- wise injure any footpath or sidewalk, he or the}' shall, within 24 hour* thereafter, cause the same to be well and sufficiently repaired and mended, under the penalty of $10. Sec. 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 $25 for each offense. Sec. 24. No pavement or flagging in any street in that section of the City formerly known as Long Island City which has been ac- cepted by The City of New York, or to be kept in repair at the pub- lic expense, shall hereafter be taken up. or the flagging or paving stones removed, for any purpose whatever without the permission of the President of the Borough and the deposit of such sum as he may reasonably require to secure the relaying of the same, under the pen- alty of $100 for ever}- offense. Sec. 25. Whenever any flagging or pavement in any such street, or part or portion thereof, has been or shall be taken up, or the pav- ing 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 the condition in which it was before such taking or removal as aforesaid, at the expense of the party removing the same, to be recover as other penalties are recovered. Sec. 26. Whenever an wood, timber, stone, iron or any other metal has been or shall be put or placed in or upon any such pave- ment, as mentioned in the preceding section, it shall be the duty of the President of the Borough forthwith to cause such wood, timber, ORDINANCES OF THE CITY OF NEW YORK. 295 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. Sec. 27. Whenever, hereafter, any person or association or body of person-, 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 being taken up, removed, incumbered or obstructed. CHAPTER 2— PARTITION FENCES AND WALLS. Sec. 28. All partition fences in that section of the City formerly known as Long Island City 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. Sec. 29. In case of any dispute between the parties concerning 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 sufficiency of any fence in that portion of the City formerly known as Long Island City, the matter shall be de- termined by die Aldetmen for the time being of the district in which such partition :>r 01 her fence may be situated. Sec. 30. When any partition fence cannot be conveniently divided the same shall be made and kept in repair at the joint and equal ex- pense of the owners of the land cm each side. Sec. 31. 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 tots, and a partition wall for supporting the same shall be necessary, such partition wall shall be made and maintained by the owners, re- spectively, of the land on each side; and when the same can be equal- ly divided each party shall make and keep in repair one-half part thereof. Sec. ,32. If any dispute shall arise concerning the division of such partition wall between the parties, or as to what portion or por- tions of it should be made or repaired by each, respectively, or con- cerning the sufficiency of any such partition wall, the same shall be determined by the Alderman as aforesaid. Sec. 33. Where any partition wall cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal ex- pense of the owners of the land on each side. 29C ORDINANCES OF THK CITY OF NEW YORK. Sec. 34. The regulation of lots, in conformity with the street, shall be calculated not to exceed a descent of 2 inches on every 10 feet. Sec. 35. Where any owner or owners shall insist on maintaining his, or her, or their ground higher than such a regulation, the surplus partition wall which maj r be necessary to support such height shall be made and maintained at the individual expense of such owner or owners. Sec. 36. Where any such owner or owners shall insist on regulat- ing his, her, or their ground with a descent less than 2 inches on every 10 feet, the surplus partition wall necessary to support the ground on the adjoining lot, regulated in conformity with this ordi- nance, that portion of the City formerly known as Long Island City shall in like manner be made and maintained at the individual ex- pense of such owner or owners. Sec. 37. 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 re- pair such partition fence or wall, or cause the same to be done, and 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, to- gether with cost of suit in any court having cognizance thereof. Sec. 38. All outside and boundary fences and all fences erected on the line of any public road, street, lane, or avenue in that section of the City formerly known as Long Island City shall be at least 4 feet high, and shall be built of good and substantial materials, and sufficient in all respects to keep out and prevent the encroachment of cattle, sheep, hogs and other animals; and shall be kept in good. re- pair and of the height above mentioned. Sec. 39. In case of any dispute between the parties concerning any fence embraced within this ordinance, or the sufficiency thereof, the matter shall be determined by the Alderman for the time being, of the district in which such fence may be situated. Article 5 — Blasting of Rocks. Sec. 40. In all cases of blasting rocks, or stone-, within that section of the City formerly known as Long Island City, each blast, before firing it, shall be securely covered with six timbers of not less than 4 inches thick. 10 inches wide, and 10 feet long each, to be placed over and around each charge, and to be held in place by at least 300 pounds of large stones piled on top of them. ORDINANCES OF THE CITY OF NEW YORK. 897 Sec. 41. Three minutes' notice before firing the blasts shall be given by displaying a red flag on a staff, not less than 10 feet high,, set in a conspicuous place within 25 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 tlie point of discharge. Sec. 42. For every violation of either of the preceding sections of this ordinance the offending party, or if the work be done under con- tract, the contractor, upon complaint and conviction thereof before a Magistrate, shall be liable to a fine of $50 and stand committed until the same is paid. Article 6 — Venders. Sec. 43. No owner or vender or retailer of charcoal, fish, fruit, vegetables, brooms, wooden ware or kindling wood shall affix to, or suffer Or permit to be affixed to, the cart, wagon or any other kind of vehicle owned by or employed or used by him for the purpose of transporting, conveying or selling thereout, in that section of the City formerly known as Long Island City, charcoal, or fish, or fruit, or vegetables, Or brooms, or wooden ware, or kindling wood, any bell, iron, steel, or other metal bar, or any other instrument, nor shall blow upon or use, or suffer or permit to be blown upon, any horn or other instrument for the purpose of giving notice of the approach of any cart, wagon, or other vehicle, in order to sell thereout charcoal, ri>h, fruit, vegetables, brooms, wooden ware or kindling wood, under the penalty of $5 for each offense, to be sued for and recovered of the owner, employer, driver, or persons having charge of such cart, wagon, or other vehicle, or of the owner of such coal, fish, fruit, vege- table-, brooms, woodenware, or kindling wood, severally and respec- tively. Sec. 44. No goods, wares, merchandise or manufactures 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 til at section of the City formerly known as Long Island City, under the penalty of $5 for each offense. Sec. 4a. Xo person shall hang or place any goods, wares or mer- chandise or any other thing, at any greater distance than 4 feet in front of his, her or their house or store or other building under the penalty of $5 for each offense. Sec. 46. Xo person shall place, hang or suspend at any greater distance than 4 feet in front of and from the wall of any house or store or other building, any sign, show bill or show board, under the penalty of $5 for each offense. 298 ORDINANCES OF THE CITY QF XKW YORK, Article 7 — Noises. Sec. 47. No person shall heat any drum or other instrument, or blow any horn or other ftHsfrumeiit, for the purpose of attracting the attention of passengers in any street in that section of the City known as Long Island City, to any show of beasts or birds, or other things in said City, under the penalty of $10 for each offense. Article 8— Sale of Oysters, Etc. Sec. 48. No person shall erect any booth or establish or fix any stand in- any of the streets or public grounds in that section of the City formerly known as Long Island City, for the purpose of opening and exposing for sale, or selling, any oysters or other shell provisions, of any nature or kind, or any goods of any description whatever, un- der the penalty of $5 for each offense. Article 9 — Surface Railroads. Sec. 49. For every street or surface car operated within the limits of that section of the City formerly known as Long Island City, there shall be paid to the Comptroller for the use of the City, a license fee of $15, and the said Comptroller shall, upon the receipt of said sum, issue a license therefor, which license shall he posted in a conspicuous place in each ear operated within tile limits as aforesaid. Sec. 50. The penalty for each and every violation of any of the provisions of this ordinance shall be $25. It shall be the duty of the police to make daily reports of any violation of the ordinance, and the same shall be transmitted to the Corporation Counsel for the prosecution of the offending parties, Sec. 51. All street railroads operated within the limits of that section of the City formerly known as Long Island City, by electric power shall have attached at the end of each car. in front <>f each wheel, a suitable guard to prevent persons from being run over by such car, and all violations of this ordinance shall be subjeel to a penalty of $10 for each offense to be sued for, as other penalties in said ordinance provided. PART V. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF FLUSHING. CHAPTER 1— STREETS AND HIGHWAYS. < Article 1 — Altering Grade of Streets. Section 1. No person, without having been first previously au- thorized by a permit from the President of the Borough, -hall fill in ORDINANCES OF THE CITY OF NEW YORK. 299 or raise, or cause to be filled in or raised, any road, avenue, street, highway or other public place in that section of The City of New York formerly known as the Village of Flushing, or in any part of any such road, avenue, street, highway or Other public place, or take up. re- move or carry away, or cause or procure to be taken up, removed or carried away, any sod, turf, stone, sand, clay or earth from any such road, avenue, street, highway or other public place. Any person or persons violating any of the provisions of this section of this ordi- nance shall, upon conviction thereof, be punished by a hue of not less than $5 and not exceeding Sio. Sec. 2. No avenue or street the width whereof is less than 60 feet, shall hereafter be accepted by the Board of Aldermen as a pub- lic street or highway; nor shall the same be accepted unless the car- riageway and said walks shall have respectively been properly graded and regulated, and shall severally be in good order and condition for convenient use. with sufficient gutters for the drainage of the same ami <>t" the waters from adjoining lands. Article 2 — Paving Streets. Sec. 3. Fach sidewalk of all the avenues and streets laid out and opened in that section of The City of New York formerly known as the Village of Flushing shall respectively be one-fourth of the width of the avenue or streets between the lines thereof. Sec. j. All sidewalks in that section of The City of New York formerly known as the \ illage of Flushing shall be paved to the extent of not less than 4 feet of the width thereof respectively with Stone flagging of square or oblong shape, with straight edges laid c|ose together; and when any carriageway leading to or from the adjoining premises shall cross any such sidewalk, so much of said sidewalk shall be paved with Hat square or oblong stone with straight edges laid close together, and of sufficient thickness and strength for the purpose of such carriageway or what is commonly known as bridge or crosswalk stone, not less than 4 inches in thick- ness, which may be laid in strips not more than 6 inches apart, and the intervals between the strips paved with round cobble or paving Stone, to afford foothold for the horses or other animals crossing such sidewalk. 1 he residue of any such sidewalk may be paved in like manner as aforesaid, or with such other materials as shall be ap- proved by the President of the Borough. Sec. 5. Xo drain or drains to lead from any building or buildings aero-- aUy sidewalks in any street, road or highway in that section of The City >f any ORDINANCES OF THE C IT Y OF NEW YORK. person or persons, or corporation, fully to comply with all the re- quirements of any such last mentioned order within the time therein specified after the service of a copy or of a notice thereof upon such person or persons, or corporation, the President of the Borough may at any time thereafter, cause all or any part of such work to be done at the expense of said person or persons, or corporation, who shall Le liable to The City of New York for all expenses which it may in- cur in that behalf, together with such aforesaid penalties to be re- covered with costs of suit. Sec. 1 2. Jt shall be obligatory upon any person or person>, or corporation, when laying any main or service pipe, or establishing any lamp-post, in any road, avenue, street or public place in that sec- tion of The City of New York, formerly known as the Village of Flushing to perform all such work carefully, workmanlike, and sub- stantially, disturbing the ground, and the pavement, curb, gutter and flagging, no further than may be actually necessary for the careful performance of any such work; to guard as far as practicable against the future settling of the ground, pavement, curb, gutter or Magging above any such main or service pipe, or around such lamp-post, or resulting from the diging of the trench thereof by filling in around and above such main or service pipe, and around such lamp-post, the earth dug from any such trench, compactly and firmly; to repair all damage which may be caused to any such road, avenue, street or pub- lic place, or to any pavement, curb, gutter or flagging, by the laying of such main or service pipe, or the establishing of such lamp-post, aud to restore the same respectively to as good order and condition as the same were in immediately prior to their commencing any such work, to cause all such work to be performed with all reasonable tie-patch and in such manner as not unnecessarily to incommode the neighborhood or the public, and to promptly conform to all such directions as the President of the Borough may from time to time give in that behalf; under the penalty of $10 for every omission, neg- lect, refusal, or delay, and in case of any such omission, neglect, re- fusal or delay, it shall be lawful for the President of the P>orough to cause any such work to be done at the expense of said person or per- sons, or corporation, who shall be liable to The City of New York for all expenses which it may therein incur, as well as such aforesaid penalties in this ordinance. Sec. 13. No person or persons shall injure, damage or disturb, or cause to be injured, damaged or disturbed, any main or service pipe now laid or which may hereafter be laid in that section of The City of .\'ew York formerly known as the Village of Flushing for the pur- pose of supplying the same or the inhabitants thereof, or any part or ORDINANCES OF THE CITY OF NEW YORK. 30* portion thereof, with gas. Any person or persons violating any • -i the provisions of this section of this ordinance shall, upon convic- tion thereof, be punished by a fine of not less than $10 and nor v ceeding $30. Article 4 — Public Sewers. Sec. 14. It shall not be lawful for any person to make any con- nection with or any opening into any of the sewers except upon the conditions prescribed in this ordinance. Sec. 15. Application must be made to the President of the Bor- ough for permission to make such connections or openings, and his written permit shall be the proof that such permission ha- bcea granted. Sec. 16. The price of each connection shall be $10-, and it shall be understood that that price is for one house or building only. Sec. 17. No larger opening shall be made in the sewers than a ill admit a 6-inch pipe, and the work must be done by a licensed plumbet or such other person as the President of the Borough may designate and also under the supervision of the Superintendent of Sewers. Sec. 18. Any person or persons violating any of the provh •: of this ordinance shall, upon conviction thereof, be punished by a line of $10. CHAPTER 2— PUBLIC SAFETY AND ORDER. Article 1 — False Alarms of Fire. Sec. 19. No person or persons shall raise, create or continue a false alarm of fire, or aid. abet or assist in raising, Creating or con- tinuing a false alarm of tire within the limits of The City of Nov York, formerly known as the Village of Flushing. Sec. 20. Any person violating any of the provisions of this ordi- nance shall, upon conviction thereof, be punished by a tine oi not more than $10 for each and every offense. Article 2 — Bathing. Sec. 21. No person shall bathe or swim publicly, in a state ol nudity, anywhere within the limits of that section of The City ol New* York formerly known as the Village of Flushing, or on the shores 63 Flushing Bay, between the hours of 5 a. m. and 8 p. m. Sec. 22. Any person violating any of the provisions of this ordi- nance shall, upon conviction thereof, be punished by a line of $3. CHAPTER 3— VOLUNTEER FIRE DEPARTMENT Article 1 — Rules and Regulations. Sec. 23. The hire Department of that section of The City ot New York, formerly known as the Village of Flushing, shall consisl 304 ORDINANCES OF THE CITY OK NEW YORK. oi a Chief Engineer, a First and Second Assistant Engineers, a Treas- urer and such enginemen, hose men and hook and ladder men as may from time to time be prescribed by the Board of Aldermen. The Chief Engineer, First and Second Assistant Engineers and Treasurer shall each hold office lor the term of two years, and shall be elected on the second Wednesday in December of every second year, as here to fore. Each of said officers shall be voted for separately, the ballots being deposited in separate boxes. One or more of the members of the Board of Aldermen shall act as inspector or inspectors of each and every said election. Sec. 24. The Board of Aldermen may. in their discretion, ap- point two Fire Wardens, to hold office during the pleasure of the Board. The F'ire Wardens shall, when requested, or when directed so to do by the Board of Aldermen, examine and inspect dwelling houses and other buildings or places in that section of The City ot New York formerly known as the Village of Flushing; shall report the result of such examination and inspection to the Board of Alder- men, and shall perform the other duties usually appertaining to the office of I'irc Warden. Sec. 25. The Firemen shall be divided into engine, hook and lad- der and hose companies, and each company shall consist of as many members as the Board of Aldermen shall from time to time order and direct. It shall be the duty of the Firemen to attend to the en- gines, hose carriages and trucks committed to their charge and the buildings wherein the same are kept. Sec. 26. Each fire company shall be under the direction and control of a foreman and two assistant foremen. The foremen shall be responsible for the proper care of the engine, hose or truck house, hose or truck and other fire apparatus or property belonging to The City of New Y'ork entrusted to the company under their command; they shall preserve order and discipline in the company at all times; when on duty at fires they shall obey all orders of the Chief Engineer or Assistant Engineers. In the absence of the Foreman, the First Assistant, and in his absence the Second Assitant Foreman shall act. Foremen shall report annually to the Chief Engineer a full account of the duty performed by their respective companies, together with a full account of the membership of the same, noting all losses by discharge, death, expulsion or transfer; also a detailed statement of the proper- ty entrusted to their care, noting the condition of the same. Sec. 27. Each fire company shall appoint a secretary, who shall keep a record of the proceedings of the company at its business meet- ing-; also a record of all appointments or elections, resignations or re- moval- of Firemen attached to such company, and shall perform such ORDIN \NCES OP THE C I TY OF NEW YORK. 305 other duties as may from time to time be prescribed by the ordinances of that section of. The City of New York, formerly known as the Vil- lage of Flushing, the rules and regulations of the Fire Department, or tin- by laws of the company to which lie is attached. See. 28. Every member of the Fire Department shall receive a Certificate of membership duly executed and signed by the City Clerk and Chief Engineer, to he delivered by the Chief Engineer to the per- son entitled to receive the same. The commencement of the term of service of each member shall he computed from the date of such cer- tificate. Sec. 29. The Chief Engineer shall have and exercise supreme command, at all times, over the officers, members and property of the Department. He shall make a yearly report to the Board of Alder- men on all fires as occurring in that section of The City of New York, formerly known as the Village of Flushing, with the cause thereof, when it can be ascertained, and a description of the building or build- ings injured or destroyed, the names of the owners or occupants, the amount of los> in each case, and, as far as can he ascertained, the amount of insurance. The report shall also give a detailed inven- tory of all the property in charge of the different companies, together with a statement of the condition of such property; also a correct statement of the number of officers and men in each company at the end of the year. It shall also be his duty to take notice of all vio- lations of law> or ordinances relating to the Department, and to re- port the same to the Board of Aldermen at the next meeting there- after. Sec. 30. The Assistant Engineers shall be subject to order of the Chief, and it shall be their duty to cause order to be observed by the members of the Department in going to, working at, or returning from fires, and all other times when the companies are on duty. In the absence of the Chief, the First Assistant, and in his absence the Secord Assistant Engineer shall perform the duties of* Chief. Sec. 31. Each member of the Department shall provide himself, at his own expense, with a uniform and such insignia of office as is prescribed by the rules and regulations of the Department. Each member -hall also be furnished by the Clerk of the Board of Alder- men with a Department badge, and shall be required to conspicuously -wear the same at all times when on duty. On receiving such badge lie shall deposit with the Clerk the sum of 75 cents, which sum shall be refunded to him when said badge is returned. Sec. 32. It shall be the duty of all Firemen, whenever an alarm of tire shall be given, to repair to their respective company houses and proceed at once with the apparatus to the scene of the lire, and 306 ORDINANCES OF THE CITY OF MEW YORK there perform such duties as may be assigned to them by their offi- cers. At all times when on duty they shall behave in an orderly man- ner, and when not engaged at a fire shall repair to their respective ap- paratus; and there .await orders from their officers. Sec. 33. Every person not a Fireman who shall be present at a fire shall he subject and obedient to the orders of the Chief or Assist- ant Engineers in extinguishing the lire, preserving order, and the re- moval and protection of property. Sec. 34. All complaints by the Chief, or an Assistant Engineer, or by any other person, made against Firemen for misconduct, shall be referred by the Board of Aldermen to the Committee on Fire f a Chief Engineer, Deputy Chief Engineer, Clerk, Treasurer and three Eire Wardens, and firemen as arc or may from time to time be elected by the different fire companies and confirmed by the Hoard of Aldermen, and who shall respectively be distinguished by the several appellations aforesaid; but no persons shall hereafter be elected or confirmed unless he be a citizen of the United States, and of the age of eighteen years, and any person between the age of eighteen and twenty-one, upon furnishing the Board of Aldermen with a certificate from his parents, master or guardian, giving his or their consent to his becoming a fireman, may, by being elected, receive a certificate of appointment. Sec. 6. The term of office of the present Chief Engineer and Deputy Chief Engineer of that section of The City of New York formerly known as the Village of Jamaica shall expire on the first day of March next; and the Chief Engineer, Deputy Chief Engineer, Clerk and Treasurer hereafter to be elected shall hold their respective offices for the term of one year, unless sooner removed by the Board of Aldermen for misconduct or neglect of duty. Sec. 7. The nomination of the Chief Engineer, Deputy Chief En- gineer, Clerk, Treasurer and Fire Wardens of the Fire Department shall be made by the firemen, by ballot, on the first Tuesday in Feb- ruary; in each year; such election to be held at the Village Hall, Ja- maica, between the hours of 7 and o o'clock p. m., and each person receiving the highest number of votes for any such office shall be thereupon entitled to an appointment thereto by the Hoard of Alder- men, unless in their judgment, for any cause, he ought not to he thus appointed; and in case of such rejection, it shall be the duty of the ORDINANCES OF THE CITY OF NEW YORK. Board of Aldermen to order a new nomination; and at such new nomination the person or persons thus rejected shall be ineligible*, and all votes given for him shall be void and not counted. Sec. 8. Such new nomination shall be made by an election, which shall be held at such time and place as the Board of Aldermen shall direct, and at least five days' notice of such election shall be given by the Clerk of the Board of Aldermen to the secretaries of the differ* Tit companies, and the Local Board of Jamaica, Borough of Queens,, shall act as inspectors of all such elections; and Sec. 9. It shall not be lawful for any person to vote a: any election for officers of the Fire Department, unless he is an activ< fireman, has not been expelled from his company, made an honorary member or offered his resignation, whether accepted by his company or not, unless such registration has been withdrawn at least sixty days prior to such election, nor unless he has been a member of the Department for sixty days previous to such election, and is subject to all fines and dues imposed by the company to which he belongs. Sec. 10. The Captain of each company shall return to the Board of Aldermen at least thirty days before any such election a list of the members of his company entitled to vote thereat, under the foregoing; provisions, which shall be duly verified by such Captain, and also bj the secretary of his company, and only the members named in such- list shall be allowed to vote at any such election. Sec. 11. The Chief Engineer, in addition to the duties prescribed in section 15, title 7, of the Charter of the former Village of Jamaica^, shall also report, in writing, to the Deputy Chief of Department in Charge for the Boroughs of Brooklyn and Queens, all accidents by- fire, with the causes thereof as well as they can be ascertained, and the number and description of the buildings destroyed or injured, and whenever any of the fire engines, hose carts, trucks and hook and ladders, or any other fire apparatus, shall require to be repaired, it shall be his duty to report the same to the Deputy Chief of Depart- ment in Charge, Boroughs of Brooklyn and Queens, Fire Depart- ment, and, under his direction, to the Superintendent of Repairs- thereof, and to report all disobedience of orders to said Deputy Chief of Department in Charge, Boroughs of Brooklyn and Queens. Sec. 12. It shall be the duty of the Clerk of the Fire Department to keep in a book to be provided for that purpose an accurate ac- count of all fires which may hereafter take place, with the causes thereof, the number and description of the buildings destroyed or in- 310 ORDINANCES OF THE CITY OF NEW YORK. jured, the estimated loss at such lire, and the amount of insurance, as far as the same can he ascertained. Sec. 13. It shall he the duty of the several Fire Wardens, -elected by the firemen of that section of The City of New York forrnerly known as the Village of Jamaica to report, from time to time, the existence of any unsafe depositor}- for ashes or any unsafe chimney, fireplace, smoke pipe or smoke house, to the Chief or Deputy Chief, who shall report to the Fire Marshall for the Bor- oughs of Brooklyn and Queens; It shall also he their duty to attend fire occurring, and aid and assist the Chief Engineer in the pro- curement of water, and the general superintendence of the action of the several lire, hose and hook and ladder companies, hut no person shall be elected Fire Warden unless he shall have served live years as a Fireman, and shall have received his certificate of discharge. Sec. 14. The Firemen shall be divided into companies, to con- sist of as many members as the Board of Aldermen have directed, or shall, from time to time, direct, to attend the fire engines, hose wagons and hoOK and ladders helonging, or that may hereafter be- long to the Corporation of The City of New York, or to such hose wagons and hook and ladders as the Board of Aldermen shall direct. It shall he the duty of the said Firemen, as often as any fire shall break out in the former Village of Jamaica, to repair immediately, upon the alarm thereof, to their respective engines, hose carriages and hook and ladders, and convey them to or near the place where such lire shall happen, unless otherwise directed by the Chief Engi- n< and there, in conformity with the directions given by him, to work and manage the said engines, apparatus and implements with all their skill and power, and when the lire is extinguished they shall not remove therefrom but by the permission of the Chief Engineer, Deputy Chief Engineer, or one of the Fife' Wardens, and on such permission they .shall return their respective hose wagons, hooks and ladders, engines and apparatus, well washed and cleansed, to their several places of deposit. And for the more effectual perfecting of -the Firemen in their duty, the keeping and preserving the said lire engines and other implements and apparatus from decay, the said Firemen shall at leas*t once in each of the mouths of May. June, July, August, September, October and November, drive out their said en- gine- and implements, in order to work and cleanse them, and to ex- ercise the hor>e>. Sec. 15. All rules, by-laws or regulations which shall be here- after passed or adopted by any lire engine, hose or hook and ladder company, before the same shall take effect or be in force, shall he submitted to and he approved by the Board of Aldermen, and all ORDINANCES OF THE CITY OF NfEW YORK. 311 the rules, by-laws or regulations heretofore passed or adopted by any such company shall, within thirty clays after the passage of this- ordinance, be submitted to the Board of Aldermen for their approval. Sec. 1 6. All Firemen attached to any tire engine, hose or hook and ladder company whose machine and implements have been taken away for want of a sufficient complement of men to manage the same,, shall at every tire, report themselves to the Chief Engineer, or to the Engineer in command, and be subject to his order and dictation, aivj perform their duty as Firemen, and for ever}' default there"! each Fireman shall forfeit and pay the sum of $3, to be sued for and re- covered as other lines and penalties, to and for the use of The City of New York. Sec. 17. If any Fireman shall be expelled by a vote of the com- pany to which he may belong, and the fact being reported to t he- Board of Aldermen by the Chief Engineer, accompanied by monstrance by the person so expelled, in every such case the sub- ject shall be referred to the Committee on Fire of the Board of Aldermen, who shall hear the parties, and report to the Board for their action thereon. Sec. 18. In order that the Engineers and Fire Wardens may be more readily distinguished at fires, the Chief Engineer and Assistant Engineers shall wear a leather cap, painted white, with a gilded front thereto, and a tire engine blazoned thereon, with the words "Chief Engineer" or "Assistant Engineer," as the case may be, painted thereon, and shall also carry a speaking trumpet, and each of the Fire Wardens shall wear a hat painted black, with the word "Warden" painted thereon, and shall also carry a speaking trumpet. Sec. 10. The Captain of the respective fire Companies and the Firemen shall, when on duty, wear leather caps, and the said caps shall be painted and distinguished in such a manner as the differ companies shall determine; the cap of each Captain shall have on the front thereof the word "Captain," with the number of the engine to which he belongs. The cap of each Fireman shall have the nami and number of the engine to which he belongs in front thereof, fl < Assistant to each respective company shall wear a cap painted in the same manner as that of the Captain of the company, with the word "Lieutenant" in lieu of the word '"Captain." And it shall be the duty of the Captain of the respective companies to report to the Chief Engineer the name of every person who shall neglect or refuse „to comply with the foregoing requisitions, which said person shall thereupon be removed from his office. 312 ORDINANCES OF THE CITY OF NEW YORK. Sec. 20. No fire engine, nor hook and ladder, nor hose cart, shall in going to, or returning from any fire, or at any other time, drive Upon any sidewalk, except by the special order of the Chief Engi- neer, or some officer in charge, under the penalty of $5 for each of- fense, to be forfeited and paid by each of the Firemen of the company, and by each and ever}- person aiding or assisting or consenting to the violation of any of the provisions of this section, to be sued for iiid recovered in the name of The City of New York. And if any offense against this section shall he committed by any Fireman he -shall, moreover, in the discretion of the Board of Aldermen be re- moved from his station and office as such Fireman. Sec. 2]. Xo fire engine, or hose or ladder carriage shall be let out for hire, or lent: or taken beyond the limits of that section of The City of \'e\v York, formerly known as the Village of Jamaica, except "by permission of the Fire Commissioner, except in case of a tire in the neighborhood of the former Village of Jamaica, when the Chief Engineer may permit them to be used on the occasion. Sec. 22. Tt shall not be lawful for any person or persons wilfully to raise or create a false alarm of fire, by proclaiming lire, or by any other means whatsoever, under a penalty of $25 for each and every offense. Sec. 23. It shall not be lawful for any member of the Fire De- partment to use or aid in using any lire engine belonging to said Fire Department of The City of New York for a wager of money or Tip on any other wager, or in strife between engine companies, under ;i penalty of $25 for every such offense. And each and every person offending against the provisions of this ordinance shall be expelled from the said Fire Department. Sec. 24. No owner or occupant of any stable within that section of The City of New York formerly known as the Village of Jamaica, or any person in the employment of such owner or occupant, •-hall •Use therein any lighted candle or lamp, except the same shall be se- curely kept within a lantern, under the penalty of $10 for every such offense. Sec. 25. Tt shall be the duty of the Chief Engineer to sue in the corporate name of The City of New York for all fines and penalties -imposed and incurred under this ordinance, and when recovered the same shall be paid to the Comptroller for the use of The City of New York, provided that in case the said Chief Engineer shall incur any penalty, it shall be sued in the corporate name of The City of* New York by such person as the Board of Aldermen may direct. ORDINANCES OF THE CITY OF NEW YORK 31$ PART VII. ORDINANCES RELATING TO THAT SECTION OF THE CITY^ OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF RICHMOND HILL. CHAPTER 1 — STREETS AND HIGHWAYS. Article 1 — Obstructions. Section 1. No person shall place or cause to be placed, or kept or suffer to remain in any street or other public place, any logs, lumber, box, cart, stoves, planks, boards or other articles or material whatever, so as to incommode or obstruct the free use or passage thereof; nor shall any person place any such article or materials on any sidewalk within that section of The City of New York formerly known as the Village of Richmond Hill, or allow them to remain there. Any person offending against the. provisions of this section, or either of them, shall forfeit a penalty of $2, and the further penalty of $5.00 for every twenty-four hours that any street or sidewalk shall be so obstructed; but nothing contained in this section shall prohibit per- sons from placing goods and merchandise or household furniture on the sidewalks for the purpose of loading or unloading the same, pro- vided it shall be done during daylight and without any unreasonable delay, and provided a passageway for traffic at least 4 feet wide be left open. Nor shall this section be construed to prevent the tem- porary deposit of building materials upon any r street adjoining prem- ises where a house or other building is in course of erection, pro- vided the builder or owner of such building or premises shall first obtain a permit to obstruct such street from the President of the Borough, and no such materials shall be placed upon the sidewalk or obstruct the flow of surface water through the gutter, nor shall they occupy more than one-third of the total width between the curb lines. No such license to deposit materials within the street lines shall be issued unless it appears that there is not sufficient space upon the owner's premises for such storage. Article 2 — Encumbrances. Sec. 2. No person shall erect or maintain a fence, structure,, ditch, excavation or encumbrance of any kind within the limits of a public street or place, and any such obstruction shall be summarily removed by the President of the Borough, and the expense c>f such removal shall be borne by and may be collected from the owner of* occupant of the adjoining premises or the person maintaining such encroachment, provided notice of such encroachment shall have been 31 + ORDINANCES OF THK CITY OF XFW YORK. jpyen to such adjoining owner, From and after throe days from such notice the adjoining owner or person maintaining or responsible for such encroachment, shall forfeit a prenalty of $2.00 for every twenty- four hours during which said encroachment or obstruction remains within or across the lines of a public street or place. Nothing herein contained shall prevent the planting of shade trees along the outer -or inner edge of a public sidewalk, nor the placing of hitching posts or stepping stones near the curb line, in such a manner as not to obstruct the walkway. PART VIII. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF FAR ROCKAWAY. Article 1 — Nuisances. Section 1. Any person or persons who shall make, aid, coun- tenance, encourage or assist in making any unusual or improper noise, Tint or disturbance in the streets or elsewhere in that section of The City of New York formerly known as the Village of Far Rockaway, or who shall collect in crowds on any of the highways, streets, lanes, ■corner or public places in that section of The City of New York formerly known as the Village of Far Rockaway, for unlawful pur- poses or to the annoyance or inconvenience of travelers, or persons residing adjacent thereto, and all persons who shall use any obscene, vulgar or profane language in any such highway, street, lane or public place, shall be liable to a fine of not less than $5.00 nor more than $20.00 for each offense. S^c. 2. No person shall run or race any horse, or start the same for the purpose of racing, in any public street or road within that section of The City of New York formerly known as the Village of Far Rockaway, under a penalty of $.).00 for every such offense. Sec. 3. No person shall bathe in any of the waters within the corporate limits of that section of The City of New York formerly known as the Village of Far Rockaway, between the hours of 6 a. m. for each offense. Sec. 4. No person shall paste, nail, or in any manner place or cause to be placed, any advertisement, placard, poster or sign, printed, written or painted, on any building or other property belonging to that section of The City of New York formerly known as the Village ORDINANCES OF THE CITY OF \T.\V YORK. of Far Rockaway, or on any fence or building belonging to any indi- vidual, company or corporation, without first obtaining the consent of the owner thereof, under a penalty of $5 for each offense. Sec. .">. No person shall be in a state of intoxication in any street, highway, thoroughfare, or other place within the limit- of that section of The City of New r York formerly known as the Village of Far Rock- away, or in any private house or place, to the annoyance of any cit- izen or person, under a fine of not less than $."> nor more than $10 for ever}- such offense. Sec. <>. Trades wagons shall not be allowed to collect on the streets or public places of that section of The City of New York,, formerly known as the Village of Far Rockaway. to the obstruction of travel or the annoyance of persons coming and going on the streets, sidewalks or crosswalks, or an}' property owner or resident in the vicinity. The fine for every violation of this ordinance shall not be less than $2 nor more than $5. Sec. 7. No person shall throw any stone, stick or other missile, or play ball in any street of that section of The City of Xew York formerly known as the Village of Far Rockaway, under a penalty of $2 for each offense. Article 2 — Encumbrances. Sec. 8. No person shall place or cause to be placed any stone, timber, lumber or other materials for building in or upon any high- ways, streets, avenues and public squares in that section of The City of New York formerly known as the Village of Far Rockaway. with- out a written permission for that purpose first obtained from the President of the Borough, under a penalty of $10 for each and every forty-eight hours during which the articles <>r materials aforesaid shall be or remain in any such highway, street, avenue or public square without permission as aforesaid, after notice from the Pres- ident of the Borough. Sec. 9. No train of cars, or any part of any train of cars, includ- ing the locomotive and tender thereof, shall remain or be left across or upon any of the streets or walks of that section of The City of New York formerly known as the Village of Far Rockaway, so a- to obstruct or prevent free travel along the same for a longer period than five minutes during any period or during any hour unless tin: same can be made to appear unavoidable. Any officer, agent or em- ployee of any railroad company, or any person having charge or con- trol of any such train of cars or locomotive who shall violate ->r suffer or allow r any violation of this ordinance, shall pay a line of not less than $5 nor more than $10 for each offense. T.!8 ORDINANCES OF THE CITY OF NEW YORK Sec. 10. No person shall wash, or cause to be washed, any car- riage, wagon or other vehicle on any street, lane, sidewalk, crosswalk, or other public place in that section of The City of New York for- merly known as the Village of Far Rockaway, under a fine of not less than $2 nor more than $10 for each offense. Sec. 11. No person shall mix or temper mortar, or cause the same to be done, on any sidewalk or crosswalk in that section of The City of New York formerly known as the Village of Far Rockaway, under a penalty of $10 for each offense. Sec. 12. No water company, gas company, person or association of persons shall be allowed to dig up any street or public place in that section of The City of New York formerly known as the Village of Far Rockaway, for the purpose of laying or repairing pipes, or for any other purpose, without a written permit from the President of the Borough, under a penalty of $10 for every offense, and the further sum of $10 for every twenty-four hours the same may be dug up or left unfinished in addition to the actual damage which the corporation may sustain. For every such permit issued as aforesaid there shall be paid the sum of $2 for permission to dig up a macadam road, and in every case where such permit is granted as aforesaid the person or persons to whom it is granted shall properly restore the earth or- pavement taken up for excavating and leave the surface in the same condition substantially as" before excavation was com- menced. This work shall be done under the supervision of the President of the Borough. Sec. 13. Any person who shall have obtained a permit to place any building material, or any material to be used in the construction of any building, or to place any pile of earth or sand dug from any •cellar or other excavation upon the street, or who shall, after having obtained a permit therefor, dig into the sidewalk or street, shall cause the obstruction caused thereby to be protected by a sufficient barrier, and sufficient light or lights at or near the obstruction for the protection of travelers and passengers from danger or injury by reason thereof, and for a violation of the provisions of this ordinance the penalt\- shall be a fine of ten dollars. Sec. 14. No person shall place or cause to be placed, or keep, or suffer to be kept, any box, barrel, cask or other articles on any street or sidewalk in that section of The City of New York formerly known as the Village of Far Rockaway, under a penalty of $5 for each offense, and the further penalty of $5 for every twenty-four hours that the same shall so remain after notice from the President of the Borough. Article 3 — False Alarm of Fire. Sec. 15. If any person shall wilfully or designedly alarm the cit- izens of that section of The City of New York formerly known as I ORDINANCES OF THE CITY OF NEW YORK. 317 the Village of Far Rockaway by a false cry of fire, or any other unusual noise, be shall be liable to a penalty of $10 for each offense. CHAPTER 2— VOLUNTEER FIRE DEPARTMENT. Article 1 — Rules and Regulations. <• Sec. 10. The secretaries of the several fire companies in that section of The City of New York formerly known as the Village of Far Rockaway shall within ten days after the election of officers by said companies, certify to the City Clerk of The City of New York, the names of the offices filled at such election and the names of the persons elected to such offices. Sec. 17. Within ten days after the election of a member of any of the fire companies of that section of The City of New York for- merly known as the Village of Far Rockaway, the secretary of the company in which said member was elected shall certify his name and the fact and date of his election to the City Clerk of The City of New York. All resignations of firemen, as also all removals, with a statement of the cause of removal in each case shall, within ten days of the date thereof, be certified by the secretary of the company in which the same shall take place, to the City Clerk of The City of New York. Sec. 18. Between the 1st day of October and the 1st day of November of each year the secretaries of the several fire companies of that section of The City of New York formed}' known as the Village of Far Rockaway, shall furnish to the City Clerk of The City of New York a correct list of the members of their respective com- panies in good standing, and they shall certify in such lists only those firemen who have complied with the by-laws of their respective companies and who have done at least 50 per cent, of duty at fires during the twelve months preceding the date of such certificate. Sec. 10. If any fireman shall neglect or refuse to attend inspec- tion or parade when ordered by the Chief, or if any fireman shall be absent from duty at fires without sufficient cause, or shall refuse or neglect to do his duty as ordered by the Chief or Foreman or his company, he shall be liable to a penalty of $2 for each offense and be subject to be removed from his position as fireman. CHAPTER 3— FINES AND PENALTIES. Article i — Violations of Ordinances. Sec. 20. In case any by-laws, resolutions or ordinances of that section of The City of New York formerly known as the Village of Far Rockaway, be violated or disobeyed, and there shall be no pro- visions incorporated therein for a penalty for such violation or dis- 318 ORDINANCES OF THE CITY OF XKW YORK. obedience, the person so violating <»r disobeying said by-law, resolu- tion <»r ordinance shall forfeit and pay not less than $."> nor more than $50, in the discretion of the magistrate before whom s"Uch perSOk shall be convicted of such violation. Sec. 2TJL All lines, penalties or violations of these ordinances may be p^bsectvfed for and collected in the manner prescribed by law, together with the costs of proceeding. PART IX. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF ROCKAWAY BEACH. CHAPTER 1— GENERAL RhXULATlOXS. Section 1. Any person or persons who shall make, aid. counte- nance, encourage or assi>t in making any unusual or improper noise, riot or disturbance in the streets or elsewhere, or who shall congre- gate on any of the highways, streets, lanes, corners or public places in that section of The City of Xew York formerly known as Rock- away Beach", to the annoyance or inconvenience of travelers, or of persons residing adjacent thereto, and .all persons who shall use any profane, obscene or vulgar language in any such highway, street, lane or public place, shall be liable to a line of not less than $1 nor more than $20 tor each offense, or in lieu thereof, not more than 10 days* imprisonment in the county jail or other place most convenient and lawfully available. Sec. 2. Xo person shall run or race any horse, or start the same for the purpose of racing in any public street or road within the limits of that section of The City of Xew York formerly known as the Village of Rockaway Beach, under a penalty of $5 for every such offense. Sec. Xo person shall place or cause to be placed, or keep, or suffer to be kept, any box. barrel, cask or other articles on any street or sidewalk in that section of The City of Xew York formerly known as the Village of Rockaway Beach, under a penalty of $5 for every 24 hours that the same shall so remain after notice from the President oi the Borough. All garbage and swill shall, pending removal, be kept in metal cans having covers of metal. Sec. 4. No person shall wash or cause to be washed any car- riage, wagon or other vehicle on any street, lane, sidewalk, cross- walk or other public place in. that section of The City of Xew York, ORDINANCES OF T11K CITY OF NEW YORK. 319 formerly known as the Village of Rockaway Beach, under a fine of not less than $2 nor more than $10 for each offense. Sec. No person shall alter or disturb the grade of any street br public place without a permit from the President of the Borough, and then only under the supervision of the President of the Borough, under the fine of not less than $10 nor more than $100. Xo person or corporation shall dig in or upon any such street or public place without such permit, and then only under such supervision under the like fine. As the condition of granting such permit, the President of the Borough may require a cash deposit of such sum as will be sufficient, in his judgment, to restore such street or place to its former condition. Sec. 6. Xo water company, gas company, telephone, telegraph or electric light company, or person or association of perso'ns shall be allowed to dig up any street or public place in that section of The City of New York formerly known as the Village of Rockaway Beach, for the purpose of laying or repairing pipes, or for any other purpose, without a written permit from the President of the Bor- ough, under a penalty of $10 for ever}- offense, and the further sum of $10 for every 24 hours the same may be dug or left unfinished in addition to the actual damage which the former Village of Rock- away Beach may sustain. For eyery such permit issued as aforesaid, there shall be paid the sum of $2 per foot for permission to dig up a macadam road, and in every case where such permit is granted as foresaid, the person or persons to whom it is granted shall properly restore the earth or pavement taken up for excavating, and leave the service in the same condition Substantially as before the excavation was commenced. As the condition of granting such permit, the Pres- ident of the Borough may require a cash deposit of such sum as in his judgment will be sufficient to restore such street or place to its former condition. Sec. 6 A. Xo train of cars, or any part of any train of cars, including the locomotive and tender thereof, shall remain or be left across or upon any of the streets or walks of that section of The City of New York formerly known as the Village of Rockaway Beach, so as to obstruct or prevent free tra%el along the same, for a longer period than five minutes during any period or during any hour, unless the same can be made to appear unavoidable. Any officer, agent or employee of any railroad company, or any person having charge or control of any such train of cars or locomotive who shall violate or suffer or allow any violation of this ordinance shall pay a fine of not less than $o nor more than $10 for each offense. Sec. 7. No hay. straw. Chips, shavings, or other combustible substances shall be set on fire or burned in any street at any time, or in any lot in that section of The City of Xew York formerly 320 ORDINANCES OF THE CITY OF NEW YORK. known as the Village of Roekaway Beach under a penalty of $10. to- be incurred by any person directing or causing the same to be dune. Sec S. Trade wagons shall not be allowed to collect on the streets or public places of that section of The City of New York formerly kn< wn as the Village of Roekaway Beach, to the obstruc- tion of travel or the annoyance of persons coming anil going on the streets, sidewalks, or crosswalks, or of any property owner or resident in the vicinity. The line for every Violation of this section shall not be less than $2 nor more than $5. See. !). No person shall, without written permission from the President of the Borough, dig or remove, carry away, or cause the same to-be done, any stone, earth sand or gravel from any public street, highway, lane or public place in that section of The City of New York fromerly known as the Village of Roekaway Beach. Every person violating the provisions of this section shall be liable to a fine of not less than $."> nor more than $10 for each such offense Sec. 10. Xo person shall place or cause to be placed any stone, timber, lumber or other materials for building in or upon any high- ways, streets, avenues and public squares in that section of The City of Xew York formerly known as the Village of Roekaway Beach without written permission for that purpose first obtained from the President of the Borough, under a penalty of $10 for each and every forty-eight hours during which the articles or materials afore- said shall be or remain in any such highway, street, avenue or public square without permission as aforesaid. Sec. 11. Any person who shall have obtained a permit to place any building material, or any material to be used in the construction of any building, or to place any pile of earth or sand dug from any cellar or other excavation upon the street, or who shall, after having obtained a permit therefor, dig into the sidewalk or street, shall cause the obstruction caused thereby to be protected by a sufficient barrier, and sufficient light or lights at or near the obstruction for the pro- tection of travelers and passengers from damage or injury by reason thereof, and for a violation of the provision of this ordinance the penalty shall be a fine of $10. See. 12. Xo person shall mix or temper mortar, or cause the same to be done, on any sidewalk or crosswalk in that section of The City of Xew York formerly known as the Village of Roekaway Beach, under a penalty of $10 for each offense. Sec. 13. Xo person shall paste, nail, or in any manner place or c ause to be placed, any advertisement, placard, poster or sign, printed, written or painted, on any building or other property belonging to that section of The City of Xew York formerly known as the Vil- lage of Roekaway Beach or on any fence or building belonging to any ORDINANCES OF THE CITY OF XEW YORK. 21 individual, company or corporation, without first" obtaining the con- sent of the owner thereof, under a penalty of $3 for each offense. Sec. 14. It shall be unlawful for any person to play a hand organ or other musical instrument in any of the streets or public places in that section of The City of Xew York formerly known as Rockaway Beach, without having first obtained a license therefor from the Mayor and paid for such license, for the use of The City of Xew York, not le-> than ten dollars, nor more than fifty dollars, at the discretion of the Mayor granting the license. Every such license shall provide that the player shall at the request of any householder, move away to a distance of 500 feet from said householder's residence, shall re- strict playing to week days, between 9 a. m. and 7 p. m.. shall ex- pire on the 1st day of May next succeeding the date of issue, and shall not be transferred without the consent of the Mayor. This ordinance shall not apply to parades of military or political organi- zations. Any person violating this ordinance or the conditions of the license granted to him thereunder shall be liable to a fine of not less than live dollars nor more than twenty dollars for each offense. Sec. 15. The playing of a piano or other musical instrument in any place or building shall not-be permitted after midnight without the majority consent in writing by householders within the limit of :>()() feet in any direction from such place or building, under tine of hot less than five dollars nor more than twenty-five dollars. Sec. i<). If any person shall wilfully or designedly alarm the citizens of that section of The City of Xew York formerly known as the village of Rockaway Beach, by a false cry of tire or other unusual noise, he shall be lined not less than two dollars nor more than five dollars for each offense. Sec. 17. If any person shall throw any stone, stick or other mis- sile, or play bail in any street of that section of The City of Xew York formerly known as the Village of Rockaway Beach, under a penalty of two dollars for each offense. Sec. IS. Xo person shall be in a state of intoxication in any street, highway, thoroughfare or other public place within that sec- tion of The City of Xew York formerly known as the Village of Rockaway Beach to the annoyance of any citizen or person, under a line of not less than $5 nor more than $10 for every such offense. It shall be the duty of each and every Police Officer to arrest any person drunk or intoxicated as aforesaid, and to confine such person in jail. Sec. 10. Xo person shall bathe in any of the waters within that section of The City of Xew York formerly known as the Village of Rockaway Beach, unless clothed in a suitable bathing dress, under a line of not less than $2 nor more than $5 for each offense. J28 ORDINANCES OF THE CITY OF NEW YORK. Sec. 20. In case any ordinance of that section of The City of S'ew Y<»rk formerly known as the Village of Rockaway Beach be violated or disobeyed, and there shall be no provisions incorporated therein for a penalty for such violations or disobedience, the per- sons so violating or disobeying said ordinances shall forfeit and pay not less than $."» nor more than $.">(> in the discretion of the Magis- trate before whom such person shall be convicted of such violation. Sec. 21. All fines, penalties, or forfeitures for violation of these ordinances may be prosecuted for and collected in the manner pre- scribed by law, together with the costs of proceedings. Sec. 22. It shall be unlawful for any corporation, association or individual hereafter to continue, construct, erect, maintain or string above ground in any street, avenue or highway in that section of New York City- formerly known as the Village of Rockaway Beach any telegraph, telephone or conductors, poles or wires. Every cor- poration, association or individual owning, operating, managing or controlling telegraph or telephone poles, cables or conductors in- cluding what is known as telegraph poles and the other appurten- naces thereto, shall remove the same from the surface of all streets, avenues, highways, public grounds or public places in that section of New York City formerly known as the Village of Rockaway Beach shall be forthwith- removed. See. 2;;. All telegraph, telephone and electric light poles, wires or conductors which at the time of the passage of this ordinance shall have been standing for three months prior thereto, disused or abandoned, or which shall hereafter remain or stand disused, or become disused or abandoned, in. over or upon any of the streets, avenues, sidewalks, public grounds or public places of that section of The City of New York formerly known as the Village of Rocka Tyay Beach, shall be iorthwith removed Sec. 24. It shall be the duty of the corporation, association, person or persons owning, operating, managing or controlling any disused or abandoned poles, wires or conductors, or any poles, wires or conductors which are dangerous or unsafe, forthwith to take down and remove the same; and a failure to do so is hereby declared a violation of this ordinance, and shall constitute disorderly conduct, and the corporation, association, person or persons so violating the same shall be disorderly persons. Sec. 25. This provision is made a police regulation in and for that section of The City of New York formerly known as the Vil- lage of Rockaway Beach, and in case the owner, owners, operators, or persons controlling such wires, poles, conductors or devices shall mot cau>e them to be removed from Mich streets, sidewalks and pub- ORDINANCES OF THE CITY OF NEW YORK 23 lie places as in this ordinance required it shall Be the duty of the President of the Borough to remove or cause the same to be removed forth with. Sec. 26. It shall be unlawful hereafter for any corporation, asso- ciation, person or persons to lake up the pavements, streets or side- walks of that section of New York City formerly known as the Village of Rockaway Beach, or to excavate in, on or about any said streets, sidewalks or public places, or in any manner to interfere therewith for the purpose of laying underground any electrical con- ductors unless a permit in writing therefor shall have been iir>t obtained from the President of the Borough, and except with such permission, no electrical conductors, wires, conduits or other figures or devices therefor shall be continued, constructed, erected or main- tained <>r strung under ground in any part of said village. Sec. 27. For every violation of this ordinance the corporation, association, or individuals violating the same shall be liable to a penalty ot per day for every pole allowed to remain within that section of Xew York City formerly known as the Village of Rocka- way Beach, by the President of the Borough, or after a notice to remove the same shall have been given by the President of the Borough. Sec. 28. In addition to this penalty it is ordained that any viola- tion of this ordinance shall constitute disorderly conduct, and that the corporation, association, person or persons violating the same shall be disorderly persons. 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. Section i. Any person or persons who shall make, aid, counten- ance, encourage or assist in making any unusual or improper noise, riot or disturbance in the streets or elsewhere or who shall congre- gate on any of the highways, streets, lanes, corners or public places in that section of The City of Xew York formerly known as the Village of Arverne-by-the-Sea, to the annoyance or inconvenience of travelers or persons residing adjacent thereto, and all persons who shall use any obscene, vulgar or profane language in any such high- way. >treet. lane or public place shall be liable to a penalty of not less than $i nor more than $_>0 for each offense," or in lieu thereof, not more than ten days' imprisonment. 324 ORDINANCES OF THE CITY OF NEW YORK. Article 2 — Prevention of Vice. Sec. 2. Vice and immorality, disturbance of the public peace and order, disorderly houses, gambling houses, instruments and devices for gaming, and, in general, all acts, things and omissions forbidden by the Laws of the State of Xew York, arc hereby forbidden. Except as prescribed in these ordinances, the penalties for such acts shall be those imposed by the laws of the State. Soc. 3. It shall be unlawful to write, print, publish or post any obscene or indecent writing, picture, or print in that section of The City of Xew York formerly known as the Village of Arverne-by-the- or to deface any post, wall, fence,, building, or other surface with any obscene or indecent mark, writing, picture or print. Any person violating any of the provisions of this ordinance shall be liable to a fine of not less than $20 nor more than $50 for each offense. Article 3 — False Alarm of Fire. Sec. 4. If any person shall willfully or designedly alarm the citizen^ of that section of The City of Xew York formerly known as the Village of Arvcrne-by-the-Sea, under a fine of not less than $2 unusual noise, he shall be lined not less than $2 nor more than $5 for each offense. Article 4 — Miscellaneous Provisions. Sec. 5. No person shall throw any stone, stick or other missile, or play ball, in any street of that section of The City of New York formerly known as the Village of Arvcrne-by-the-Sea, under a pen- alty of $2 for each offense. See. 6. No person shall bathe in any of the waters within the limits of that section of The City of Xew York formerly known as the Village of Arverne-by-the-Sea, unless clothed in a suitable bath- ing dress, under a fine of not less than $2 nor more than $5 for each offense. CHAPTER 2— STREETS AND HIGHW AYS. Article 1 — Washing cf Carriages. Sec. 7. No person shall wash or cause to be washed any car- riage, wagon or other vehicle on any street, lane, sidewalk or other public place in that section of The City of Xew York formerly known as the \ illage of Avernue-by-the-Sea, under a fine of not les> than $2 nor more than $10 for each offense. ORDINANCES OF THE CITY OF NEW YORK. 325 Article 2 — Encumbrances and Excavations. S - 3. No person shall alter or disturb the grade of any street or public place without a permit from the President of the Borough, and then only under the supervision of the President of the Borough, under a fine or not less than $io nor more than $100. No person or corporation shall dig in or upon any such street or public place with- out such permit, and then only under such supervision, under the like penalty. As the condition of granting such permit the President of the Borough may require a cash deposit of such sum as will be suf- ficient, in his judgment, to restore such street or place to its former condition. Sec. 9. Xo water company, gas company, telegraph, telephone or electric light company, or person or association of persons, shall be allowed to dig up any street or public place in that section of The City o: New York formerly known as the Village of Arverne-by-the- Sea, for the purpose of laying or repairing pipes, or for any other purpose, without a written permit from the President of the Borough, under a penalty of $10 for ever}- offense., and a further sum of $10 for every twenty-four hours the same may be dug up or left un- finished, in addition to the actual damage which The City of New York may sustain. For every such permit issued as aforesaid there shall be paid the sum of $2 per foot for permission to dig up a macadam road; and, in every case where such permit is granted as aforesaid, the person or persons to whom it is granted shall properly restore the earth or pavement taken up for excavating and leave the surface in the same condition substantially as before the excavation was commenced. This work shall be done under the supervision of the Pre -ident of the Borough. As the condition of granting such permit, the President of the Borough may require a cash deposit of such sum as. in his judgment, will be sufficient to restore such street or place to its former condi- tion. But nothing in this ordinance shall be construed as authorizing or permitting the erection or maintainance of any poles or overhead wire in the streets or avenues of that section of The City of New York, formerly known as the Village of Jamaica. Sec. 10. Xo train of cars or any part of any train of cars, in- cluding the locomotive and tender thereof, shall remain or be left across or upon any of the streets or walks of that section of The City of New York formerly known as the Village of Arverne-by-the- Sea, so as to obstruct or prevent free travel along the same for a longer period than live minutes during any period or during any hour, unless the same can be made to appear unavoidable. Any officer, 320 ORDINANCES OF THE CITY OF NEW YORK. agent or employee of any railroad company, or any person having charge or control of any Mich train of cars or locomotive, who shall violate or suffer or allow any violation of this ordinance, shall pay a fine of not less than $5 nor more than $10 for each offense. Sec. 11. No hay, straw, chips, shavings or other combustile sub- stances shall be set on fire or burned in any street at any time, or in any lot in that section of The City of \e\v York formerly known as the Village of Arverne by-the-Sea, under a penalty of $10. to be incurred by any person directing or causing the same to be done. Sec. 12. Trades wagons shall not be allowed to collect on the streets or public places of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, to the obstruc- tion of travel or the annoyance of persons coming and going on the streets, sidewalks or crosswalks, or of any property owner or resi- dent in the vicinity. The fine for ever}- violation of this section shall not be less than $2 nor more than $5. Sec. 13. No person shall, without written permission from the President of the Borough, dig or remove, carry away or cause the same to be done, any stone, earth, sand or gravel from any public street, highway, lane or public place in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea. Every person violating the provisions of this section shall be liable to a fine of not less than $5 nor more than $10 for each such offense. Sec. 14. No person shall place or cause to be placed any stone, timber, lumber or other materials for building in or upon any high- ways, streets, avenues or public squares in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, without a written permission for that purpose first obtained from the President of the Borough, under a penalty of $10 for each and every forty-eight hours during which the articles or materials aforesaid shall be or remain in any such highway, street, avenue or public square without permission as aforesaid, after notice from the Presi- dent of the Borough to remove the same. Sec. 15. Any person who shall have obtained a permit to place any building material, or any material to be used in the construction of any building, or to place any pile of earth or sand dug from any cellar or other excavation upon the street, or who shall, after having obtained a permit therefor, dig into the sidewalk or street, shall cause the obstruction caused thereby to be protected by a sufficient barrier, and sufficient light or lights at or near the obstruction, for the pro- tection of travelers and passengers from damage or injury by reason ORDINANCES OF THE CITY OF N'EW YORK. 327 thereof, and rif a violation of the provisions of this ordinance the penalty shall be a line of $10. Sec. l6. No person shall mix or temper mortar, or cause the same to be done, on any sidewalk or crosswalk in that section of The City of New York formerly known as the Village of Arverne- by-the-Sea. under a penalty of $10 for each offense. Article 3 — Advertisements and Public Notices. Sec. ij. No person shall paste, nail or in any manner place, or cause to be placed, any advertisement, placard, poster or sign, printed, written or painted, on any building or other property belonging to The City of New York, or on any fence of building belonging to any individual, company or corporation, without first obtaining the con- sent of the owner thereof, under a penalty of $5 for each offense. Sec. 18. Any person who shall tear down, deface or destroy any notice, handbill or poster put up or posted by or under the direction of the Board of Aldermen, or by or under the direction of any au- thorized body or official shall be liable to a penalty of $10 for each offense. Article 4 — Street Musicians. Sec. 19. It shall be unlawful for any person to play a hand organ or other musical instrument in any of the streets or public places in that section of The City of New York formerly known as the Vil- lage of Arverne-by-the-Sea. without having first obtained a license therefor from the Mayor 4 and paid for such license, for the use of The City of New York, not less than $10, nor more than $50, at the discretion of the Mayor granting the license. Every such license shall provide that the player shall, at the request of any householder, move away to a distance of 500 feet from said householder's residence, shall restrict claim to week days, between 9 a. m. and 7 p. m., shall ex- pire on the 1st day of May next succeeding the date of issue, and shall not be transferred without the consent of the Mayor. This ordinance shall not apply to parades of military or political organiza- tions. Any person violating this ordinance or the conditions of this license' granted to him thereunder shall be liable to a fine of not less than $5 nor more than $20 for each offense. CHAPTER 3— AUCTIONEERS. Article 1 — Licenses. Sec. jo No goods, wares or merchandise or other property, real or personal, shall be sold at auction in that section of The City of ORDINANCES OK Ti!K CITY OF NEW YORK New York formerly known as the Village of Arverne-by-the-Sea by an auctioneer, his agent or servant or by any other 'person, without a written permit from the City Clerk of The City of New York, nor in front of any house, store or tenement without the consent of the owner or occupant thereof. For each permit for such auction or sale there shall be paid to the City Clerk of The City of New York the sum of three dollars for each day or part of a day that such auction or sale shall be held or continued. Every person violating any of the provisions of this section shall be liable to a fine of not less than five dollars nor more than ten dollars lor each offense. CFIAPTER 4— FINES AND PENALTIES. Article i — Violation of Ordinances, Etc. Sec. 21. In case any by-laws, resolutions or ordinances of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea be violated or disobeyed, and there shall be no provisions incorporated therein for a penalty for such violation or disobedience, the person so violating or disobeying said by-law. reso- lutions or ordinance shall forfeit and pay not less than five dollars nor more than lift}- dollars, in the discretion of the magistrate before whom such person shall be convicted of such violation. Sec. 22. All lines, penalties or forfeitures for violation- of these ordinances may be prosecuted for and collected in the manner pre- scribed by law, together with the costs of proceedings. All moneys for fines, licenses or damages which shall be collected under any by-laws, ordinances, rules or regulations of that section of The City of New York formerly known as the Village of Arverne-by- the-Sea shall be paid to the Comptroller of The City of New York within five days after the same shall be collected and received by any officer or person who shall have collected or received the same, for the use of the said City of New York. CHAPTER 5— ABANDONED POLES IN STREETS. Article i — Removal of Poles. Sec. 23. All telegraph, telephone and electric light poles, wires or conductors which at the time of the passage of this ordinance shall have been standing for three months prior thereto disused or abandoned, or which shall hereafter remain or stand disused or be- come disused or abandoned in, over or upon any of the streets, ave- nues, sidewalks, public grounds or public places of that section of The City of NewYork formerly known as the Village of Avernc-by- the-Sea, shall be forthwith removed. ORDINANCES OF TI1K CITY OF NEW YORK. :*29 Sec. 24. It shall be the duty of the corporation, association, per- son or persons owning; operating, managing or controlling any dis- used or abandoned poles, wires or conductors, or any poles, wires or conductors which art- dangerous or unsafe, forthwith to take down and remove the same: and a failure to do so is hereby declared a violation of this ordinance and shall constitute disorderly conduct, and the corporation, association, person or persons so violating the same shall be disorderly person s. Sec. 25. This provision i> made a police regulation in and for that section of The City of Xew York formerly known as the Village of Arverne-by-the-Sea. and in case the owner, owners, operators or persons controlling such wires, poles, conductors or devices shall not eaus< 'urn to be removed from such streets, sidewalks and public places as in this ordinance required, it shall be the duty of the Presi- dent of the Borough to remove or cause the same to be removed forthwith. Article 2 — Permits for Laying Conduits. Sec. 26. It shall be unlawful hereafter for any corporation, asso- ciation, person or persons to take up the pavements, streets or side- walks of that section of The City of Xew York formerly known as the Village of Arveme-on-the-Sea. or to excavate in, or about any of the said strets, sidewalks or public places, or in any manner to interfere therewith, for the purpose of laying underground any elec- trical conductors unless a permit in writing therefor shall have first been obtained from the President of the Borough, and except with such permission, no electrical conductors, wires, conduits or other figures or devices therefor shall be continued, constructed, erected or maintained or strung under ground in any part of that section of The City of Xew York formerly known as the Village of Arverne- by-the-Sea. Article 3 — Penalties for Failure to Remove Poles. Sec. 27. For ever}' violation of this ordinance the corporation, association or individuals violating the same shall be liable to a pen- alt}' of $5 per da}' for every pole allowed to remain within that sec- tion of The City of Xew York known as the Village of Arverne-by- the Sea, after notice to remove the same shall have been given by the President of the Borough. Sec. >8. In addition to this penalty, it is ordained that any vio- lation of this ordinance shall constitute disorderly conduct, and the corporation, association, person or persons violating the same shall be disorderly persons. J 330 ORDINANCES OF THE CITY OF NEW YORK PART XI. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF PORT RICHMOND. CHAPTER i— GENERAL REGULATIONS. Article i — Bathing. Section I. No person shall be allowed to bathe publicly in a state of nudity or partial nudity anywhere within that section of The City of New York formerly known as the Village of Port Richmond, between the hours of 5 o'clock a. m. and 8 o'clock, p. m., under the penalty of $2 for each offense. Article 2 — Injuring Street Signs. Sec. 2. It shall not be lawful for any person to injure, deface, obliterate, mar, remove, take down, loosen, destroy or in any other matter interfere with or disturb any of the signboards containing the names of the public roads, avenues, streets or places, whether such signboards are now or may hereafter be erected or put up, or whether they may be upon public or private property, under a pen- alty of $10 for each and every offense. Article 3 — Filling in Streets, Etc. Sec. 3. No person, without being previously authorized by .1 per- mit of the President of the Borough shall till in or raise, or cause to be tilled in or raised, any road, avenue, street or other public place in that section of New York City formerly known as the Village of Port Richmond, or any part of such road, avenue, street or other public place, or take up, remove, or carry away, or cause to be taken up, removed or carried away any turf, stone, sand, clay or earth from any such road, avenue, street or public place under the penalty of $JO for every such offense; and every person so offending shall be fur- ther liable for all expenses and damages which The City of Xew York may incur in restoring Mich road, avenue, street or other public place to its original condition, to be recovered with cost of suit. Aritcle 4 — Dedication of Street. Sec. 4. No avenue or street in that section of Xew York City formerly known as the Village of Port Richmond, the width whereof is less than 50 feet, shall hereafter be accepted as a public street or highway; nor shall the same be accepted unless the* carriageway and ORDINANCES OF THE CITY OF NEW YORK. 331 sidewalks shall have respectively been properly graded and regulated and shall severally be in good order and condition for convenient use, with sufficient gutters for the drainage of the same, and of the water- from adjoining lands. Article 5 — Drains. Sec. 5. All drains leading across any sidewalk shall be construc- ted of hard brick or stone, and covered with flat stones of even sur- face, with straight edges laid close. Ordinary gutters across side- walks shall he formed of oblong strips of flat stones of even surface, with straight edges, respectively not less than 2 feet in length, laid beveling to the centre of such gutter, or of such materials, and in such manner, as the President of the Borough shall approve of and authorize. Article 6 — Sidewalks. Sec. 6. No sidewalk in that section of New York City formerly known as the Village of Port Richmond, laid wholly or in part with flaggings, shall hereafter be taken tip. or the flagging removed there- from, or the grade thereof altered for any purpose whatever except previously authorized by the President of the Borough, under penalty for each offense of $10, to be forfeited and paid for each and every person offending in the premises, and. when so taken up. or when any sidewalk shall be broken, dug up, or in any wise injured by, or by the direction of any person, the same shall be well and sufficiently repaired and reinstated by such person within such time as shall be specified for thai purpose, in any written or printed notice from the President of the Borough, served upon such person or upon the occupant of the premises adjoining such sidewalk, under the penalty of $10, and a further penalty of $_> for each and every day after the expiration of time so specified in such notice, such person shall omit or neglect to repair and reinstate the same. Article 7 — Obstructing the Streets. Sec, T. It shall not be lawful to encroach upon or encumber any public road, avenue, street or public place in that portion of The City of New York formerly known as the Village of Port Richmond, by any building or by any fence, porch, piazza, stoop, step, staircase, platform, bow window, area, cellar door or descent into any base- ment or cellar or by the projection of an\ sign over or upon any sidewalk or otherwise; and if any person shall hereafter encroach upon or incumber any public road, avenue* street or other place in that section of The City pi -New York formerly known as the Village 332 ORDINANCES OF XHE CITY OK NEW YORK of Port Richmond, or continue any such existing encroachment, encumbrance or projection, in violation of the provision of this ordinance. Sec. 8. The President of the Borough may give a written or printed notice to the owner of the premises, by service upon such owner, or upon the occupant of the premises, requiring such owner to remove or alter every such encumbrance or projection within a period to be specified in such notice, and in case of neglect <»r refusal to comply with such notice, the owner of such premises shall forfeit and pay the sum of $10, and also a further sum of $2 for each and ever}- day he or she shall neglect or omit to remove or alter any such encroachment, encumbrance or projection, after the expiration of the time specified in such notice, until the same shall be done, and at an\- time after the expiration of the time specified for thai purpose in such notice, if such encroachment, encumbrance or projection shall not then have been removed or altered, the President of the Borough may. by notice, or order, direct and cause such encroach- ment, encumbrance or projection to be removed and altered at the expense of the owner or constructor thereof, who shall be liable to The City of Xew York for all expenses which it may incur by such removal or alteration, together with such aforesaid penalties, t" be recovered with costs of suit. Article 8 — Awnings. Sec. 9. It shall be lawful for any person to place and fix awn- ings made of cloth before his or her store, shop or place of business, and to cause such awnings to be supported by posts and a rail there- on, provided such posts and rails thereon be made and placed in the manner hereinafter mentioned, that is to say: Such posts shall not be less than 5 inches in diameter at the base , nor less than 4 inches in diameter at the top, shall be placed next to and along- the inside of the curbstone, if the sidewalk be curbed, otherwise within (> inches of the outer edge of the sidewalk, including the rail, on the top, and such posts or rails shall be turned or placed smooth and well painted; and it shall not be lawful to erect or maintain any wooden awnings or shed projecting in part or wholly over any sidewalk, road, avenue, street or public place in that section of The City . : New York formerly known as the Village of Port Richmond, without first having obtained the permission of the President of the Borough so to do. under the penalty of $10 for each offense, and a further pi nalty of $2 for each and every day the >ame shall be permitted to '•.■main , to be recovered of the owner or occupant of the premises, from which such wooden awning or shed shall project. ORDINANCES OF THE CITY OK XEW YORK. 333 Article 9 — Gas Mains. Sec. 10. It shall not be lawful for any gas company, or for any person to lay any gas main or other pipe in any road, avenue, street or public place in that section of New York City, formerly known as the Village of Port Richmond, or to break up or disturb the ground for such or an}- purpose, unless previously authorized by a permit of the President of the Borough, or otherwise than in conformity with the conditions prescribed, and subject to any restrictions ex- pressed or imposed in and by an}- such permit, under the penalty of $30 for each offense, and the further penalty of $10 for each and every day any company or person shall neglect or omit to comply in all respects with the requirement of any permit of the President of the Borough, forbidding the prosecution of such work, requir- ing the removal from such road, avenue, street or public place, of any main, pipe or other encumbrance placed or caused to be placed thereon by such company or person, the filling up of any trench dug for the purpose of laying any main or pipes, and restoring of the ground and pavement, if any. of such road, avenue, street or public place, to the like order and condition the same was in immediately prior to the causing the same to be disturbed, and in case of the re- fusal or neglect to comply with all the requirements of any such last mentioned permit within the time specified after the service of a copy or of a notice thereof by the President of the Borough upon the President or Secretary of the company, or upon any person doing such work, the President of the Borough may at any time thereafter, cause all or any part of such work to be done at the expense of said company, or person, who shall be liable to The City of Xew York for all expenses which it may incur in that behalf, together with such aforesaid penalties to be recovered with costs of suit. Sec. 11. It shall be obligatory upon such company or persons when laying any main, or service or other pipe, or establishing any lamp-post, in any road, avenue, street or public place in that se ;cti on of Xew York City formerly known as the Village of Port Richmond, to perform all such work carefully, workmanlike and substantially, disturbing the ground, and the pavement, curb, gutter and flagging if any, no further than may be actually necessary for the careful per- formance of any such work: to guard, as far as practicable, ag; 51 the further settling of the ground, pavement, curb, gutter or flagging above any such main, service or other pipe, or around such lamp- post, or resulting from the digging of the trench thereof by filling in around and above any such main or service pipe, and around such lamp-post, the earth dug from any such trench, compactly and firmly; to repair all damage which may be caused to any such road, avenue, street, or public place, or to any pavement, curb gutter, or ftaggii g 334 ORDINANCES OF THE CITY OK NEW YORK. by the laying of such main or service pipe, or the establishing such lamp-post, and to restore the same respectively to as good order and condition as the same were in immediately prior to their commencing any such work: to cause all such work to be performed with all rea- sonable despatch and in such manner as not unnecessarily to incom- mode the neighborhood or the public, and to promptly conform to all such directions as the Borough President may from time to time give in that behalf: under the penalty of $10 for every omission ueglect, refusal or delay; and in case of any such omission, neglect, refusal or delay, it shall be lawful for the Borough President to cause any such work to be done at the expense of said company, which shall be liablje to The City of New York for all expenses which it may thereby incur as well as such aforesaid penalties specified in this sec- tion to be recovered with costs of suit. Sec. 12. If any person or persons shall wilfully and maliciously injure, damage or disturb any main, service or other pipe, heretofore or which may hereafter be laid by any gas company or person^ in that portion of Xew York City formerly known as the Village of Port Richmond for the purpose of supplying the same, or the in- habitants thereof, or any part of portion thereof with gas, water or drainage, such person or persons shall severally forfeit and pay to The City of Xew York the sum of $30 for every such offense, to be recovered with costs of suit and the imposing, recovery or pay- ment of such penalty or penalties shall not in any wise impair or interfere with any claim of such company or person against any person or persons guilty of any such act, for any damage which -aid company or person may sustain therefrom. Sec. 13. Xo person or persons shall affix any such thing to any private buildings and fences or blank walls within that section of Xew York City iormerly known as the Village of Port Richmond, unless with the permission of the owner of such private buildings and Eences, under the penalty of $2 for each and every offence. PART XII. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF NEW BRIGHTON. CHAPTER 1— STREKTS AM) HIGHWAYS. Article 1 — Encumbrances, Excavations and Laying of Pipes. Section 1. Xo person shall place or cause, to be placed any stone, timber, lumber, plank, boards or other materials for building, in or ORDINANCES OF THE CITY OF NEW YORK. 333 upon any street, lane or public square, without a written perim--!' r. for that purpose, first obtained from the President of the Borough, un- der penalty of $5 for each offense, and the further penalty of $5 tor each and every forty-eight hours during- which the articles or ma- terials aforesaid shall he or remain in any such street, alley or pub- lic square. Sec. 2. The President of the Borough is authorized to grant any person permission to place any building materials in any of the streets, alleys and public squares of that section of The City of New York formerly known as the Village of Xew Brighton; such permis- sion, however, shall not be for a longer period than one month, nor authorize the obstruction of an}' part of the sidewalk, nor more than one-third of the carriageway of the street opposite the lot or place where the building is proposed to be erected. For every permit so granted the applicant shall pay such fee as the Borough President shall require. Sec. 3. Every person to whom permission is granted as afore- said shall cause all the timber, building materials and rubbish to be removed after a notice in writing to do so shall be served upon them by the President of the Borough, and for neglect or refusal so to re- move, shall be liable to a penalty of $10 for every twenty-four hours such encroachment shall continue after the expiration of said'notiee. Sec. 4. No person shall, without the permission of the Presi- dent of the Borough, dig, remove or carry away or cause the same to be done, any stone, earth, sand or gravel from any public street, highway, lane or public square in that section of The City of New York formerly known as the Village of Xew Brighton, under the penalty of not less than $0 or more than $.">0 for each offense, in the discretion of the Magistrate convicting. And it shall be unlawful for any person to drop or deposit any stone, gravel, sand or other ma- terial on an>- of the streets of that section of The City of New York formerly known as the Village of New Brighton, under a like penalty. Sec. 5. No person shall place or cause to be placed, or it shall not be lawful for the owner or occupant of any estate within that section of the City of New York formerly known .is the Village of New Brighton, or for any other purpose to erect, place or continue or cause to be erected, placed or continued upon any sidewalk. r<>atL avenue or street adjoining such estate any encumbrance, encroach- ment or obstruction which shall in any manner impede, obstruct i »r prevent the full, clear and tree passage of such sidewalk, road, ave- nue or street, but the said owner, the agent or occupant of such es- tate shall forthwith remove any such encumbrance, encroachment or obstruction on being notified so to do by the President of the Bor- ough, and shall be liable to a penalty of $5 for each and every day that such encumbrance, encroachment or obstruction shall remain 330 ORDINANCES OF Til K CiTV OF NEW YORK. after notice a> aforesaid. In case any such encumbrance, encroach^ menf or obstruction shall not have been removed within a reasonable time alter notice as aforesaid, it shall be the duty of the Borough President to cause the same to be removed at the expense of the owner or occupant of the estate in question. An}' person who shall, after notice and removal as aforesaid, replace or renew, or cause to be replaced or renewed, an>' such of similar encumbrance, encroach- ment or obstruction upon any sidewalk, road, avenue or street within the limns of that section of The City of Xew York formerly known as the Village of Xew Brighton shall be liable to a line of $•"> for each and every such offense. Xo rail or post placed on the outer edge of the sidewalk and not interfering with or impeding the free passage of the whole width of such sidewalk or any crosswalk, shall be held to be an obstruction. Sec, 6. Any person who shall injure, take up or displace any pavement, side or cross walk, drain or sewer, or any part thereof, or who shall dig any hole or ditch, or drain in any street, pave-* ments or sidewalks, without authority from the President of the Borough, or who shall hinder or obstruct the making or repairing of any pavement, side or cross walk, which is or may be making under the authority of the Borough President, or who shall hinder or obstruct any person employed by The City of New York in making or repairing any public improvement or work ordered by The City of New York, shall, for every offense, forfeit and pay a fine of not less than $5 nor more than $50, in the discretion of the magistrate convicting. Sec. 7. It shall not be lawful for any gas company or for any person to la'y any gas main or other pipe, in any road, avenue, street or public place in that section of The City of Xew York formerly known as the Village of Xew Brighton, or to break up or disturb tli. ground for such or any purpose, unless previously authorized by the ! 'resident of the Borough, or otherwise than in conformity with tlie conditions prescribed, and subject to any restrictions expressed or imposed in and by any such resolution, under th„e penalty of $30 for each offense, and a further penalty of $10 for each and every day any company or person shall neglect or omit to comply in all re- spects with the requirements of any order of the Borough President forbidding the prosecution of such work requiring the removal from such road, avenue, street or public place, of any main, pipe or other encumbrance placed or caused to be placed thereon by such com- pany or person, the filling up of any trench dug for the purpose of laying any main or pipes, and the restoring of the ground and pave- ment of any such road, avenue, street or public place to the like order and condition the same was in immediately prior to the causing the ORDINANCES OF THE CITY OF NEW YORK. same to be disturbed, and in case of the refusel or neglect to comply with all the requirements of any such last mentioned resolution, with- in the time specified after the service of a copy or of a notice upon the president or secretary of the company, or upon any person doing such work, the President of the Borough may. at any time thereafter, cause all or any part of such work to be done at the expense of said person or persons, who shall he liable therefor to The City of New York for all expenses which the} - , the Trustees, may incur in said company's behalf, together with such aforesaid penalties, to be recov- ered with costs of suit. Sec. 8. It shall be obligatory upon such company or person when laying any main or service, or other pipe, or establishing any lamp- post in any road, avenue, street or public place in that section of The City of Xew York formerly known as the Village of Xew Brigh- ton, to perform all such work carefully, workmanlike and substantial- ly disturbing the ground and the pavement, curb, gutter and flagging, if any. no further than may be actually necessary for the careful per- formance of any such work; to guard, as far as practicable, against the future settling of the ground, pavement, curb, gutter or flagging above any such main, service or other pipe, or around such lamp- post, or reciting from the digging of the trench thereof, by filling in. around and above such main or service pipe, and around such lamp-post, the earth dug from any such trench, compactly and firmly, J:o repair all damage which may be caused to any such road, avenue, street or public place, or to any pavement, curb, gutter or flagging, by the laying of such main or service pipe or the establishing such lamp-post, and to restore the same respectively to as good order and condition as the same were in immediately prior to their commenc- ing any such work; to cause all such work to be performed with all reasonable despatch, and in such manner as not unnecessarily to in- commode the neighborhood or the public and to promptly conform to all such directions as the President of the Borough may from time to time give in their behalf, under the penalty of $10 for every omission, neglect, refusal or delay; and in a case of any such omis- sion, neglect, refusal or delay, it shall be lawful for the President of the Borough to cause any such work to be done at the expense of said company or persons liable therfor to The City of Xew York for all expen>e> which they may thereby incur, as well as such aforesaid penalties specified in this section, to be recovered with costs of suit against such company. Sec. <). If any person or persons shall wilfully and maliciously injure, damage or disturb any main, service or other pipe, heretofore or which may hereafter be laid by any gas company or persons in that section of The City of Xew York formerly known as the Vil- lage of Xew Brighton, for the purpose of supplying the same, or the 338 ORDINANCES OF THE CITY OF NEW YORK. inhabitants thereof, or any part or portion thereof with gas, water or drainage, such person or persons shall severally forfeit and pay to The City of New York the sum of $:>0 for every such offense, to he recovered with costs of suit, and the imposing, recovery or payment of such penalty or penalties shall not, in any wise, impair or inter- fere with any claim of such company or person, against any per- son or persons guilty of any such act. for any damages which said company or persons may sustain therefrom. Sec. 10. Any person who shall place or cause to be placed in any of the streets, alleys or public squares in that section of The City of Xew York formerly known as the Village of New Brighton, any building materials, or any heap or pile of earth, stone or sand, or any obstruction 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 $25 for each of- fense, and the like penalty for every night during which the same shall be continued. CHAPTER 2— PUBLIC SAFETY AND ORDER. Article 1 — Nuisances. Sec. 11. Any person or persons who shall make. aid. countenance or assist in making any improper noise, riot or disturbance in the streets or elsewhere in that section of The City of New York formerly known as the Village of Xew Brighton and all persons who shall col- lect in bodies and crowds in that section of The City of New York formerly 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 line of not less than Si. nor exceeding $50, in the discretion of the Magistrate convicting. Sec. 12. No person shall wilfully tear down or deface any notice, handbill or ordinance posted up in the former Village of New Brigh- ton, under a penalty of $10. Sec. 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 7 o'clock in the morning and 8 o'clock in the evening, unless in a suitable bath- ing dress or covering, consisting of a shirt and drawers, is hereby prohibited, and any person violating this ordinance shall pay not less than $2 nor more than $5 for every Mich offense. ORDINANCES OF THE CITY OF NEW YORK PART XIII. ORDINANCES RELATING TO THAT SECTION OF THE CITY OF NEW YORK FORMERLY KNOWN AS THE VILLAGE OF EDGEWATER. C 1 1 ATT E R 1 — RA 1 LR O ADS. Article 1 — 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 New York City formerly known as the Village of Edgewater, or suffer or permit an}- detached car or cars to stand on or across any such street, lane or highway, under the penalty of $25 for each offense. Sec. 2. Every railroad company or corporation whose track passes through or within the limits of that section of The City of Xew York formerly known as the Village of Edgewater. shall em- ploy 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 $20 for each day such pre- cautions are omitted. PART XIV. ORDINANCES GENERALLY AFFECTING THE BOROUGH OF RICHMOND. CHAPTER I— STREETS AND HIGHWAYS. Article 1 — Openings of Streets and Sewers. Section 1. Xo person or corporation shall open or excavate any highway or place any encumbrance 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 per- formed in the Borough of Richmond without a permit issued by the President of the Borough of his duly authorized representative. Sec. Application for Permit— Application for such permit must be made in writing to the President of the Borough, upon blank 340 ORDINANCES OF T!!K CITY OF NEW YORK. forms to be furnished by him. such form of application to contain a diagram of the location affected, with the dimensions of street sur- face to be disturbed. Sec. 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. Sec. 4. Refilling Trenches — Excavations in public street- 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 In- spector especially assigned to the work by the Superintendent of Highways, whose duty shall be to see that each and every part of the idling shall be placed and thoroughly rammed in layers of not more than eight (8) inches in depth up to the level of the bottom of the street pavement. The said pavement shall be loosely and temporarily replaced by the part)' by whom the excavation has been made, but in such manner as in the opinion of the City Inspector .-hall be safe for travel. Sec. 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. Sec. 6. Rock Refills — Wherever rock is excavated not more than one of the total excavation shall be refilled with the broken -tone, which must be in small pieces, and replaced in Such manner, mingling with clean earth or sand, as to insure the thorough and compact filling of all spaces. Sec. 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 imbedded when the work- is completed. Sec. 8. Extent of Street Opening — At the intersectioiT 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 ac- commodation of traffic until the first half is restored for safe use. Sec. 9. Access to Hydrants and Mail Boxes — All work shall be so prosecuted as not to interfere with easy access to fire hydrant- and United States mail boxes. Sec. 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. Sec. 11. Inspection Fee 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: ORDINANCES OF THE CITY OF NEW YORK 341 For trenches not more than four (4) feet in depth, or more than thirty (80) feet in length $2 00> For trenches over four (4) feet and under nine (9) feet in depth and not more than thirty (30) feet in length . 00 For trenches over nine (9) feet and under sixteen (16) feet in depth nor more than thirty (30) feet in length 4 0(> For trenches of greater dimensions than the foregoing, special charge. Sec. 12. Sewer Inspection and Fee — Every sewer connection shall be made under the supervision of a City Inspector of Sewer Connections. The fee for Mich inspection will be $3, which shall be deposited with the Department of Finance and credited to a special fund en- titled "Sewer Inspection and Repair, Borough of Richmond." Sec. 13. Fees, Restoration of Pavements — Fees for the restora- tion of pavement shall be as follows, for areas less than ten I 10) square yards: For restoring granite or other blocks or bricks 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 SO For areas in excess of ten (10) square yards, special, as may be determined by the President of the Borough or his representative. Sec. 14. Computing Area of Work — The area of surface repaved shall, in all cases, be computed by the President of the ough or -his representative, from the diagram in the application, as verified or corrected by comparison with the maps and records file. Sec. 15. Uses of Moneys Paid — All fees for inspection and for restoration of pavements must be paid by the applicant in cash tp i the issuing of the permit, and a receipt shall be given therefor. Regu- lar 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 "Rest, ring and Repaying Streets in the Borough of Richmond." Sec. 16. Special Uses of Streets and Charges — For special uses of the streets, permits may be issued and the President of the Bor- ough or his representative ma}- require therefor as security. dep< sits such sum or sums as may seem to him fair and just such mom; - be deposited with Finance Department, to be drawn upon by the Comptroller upon order of the President of the Borough after proper completion of the work, payable to the party taking out the original 342 ORDINANCES OF THE CITY OF NEW YORK 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 Ik credited to the fund drawn upon for making the repairs. In general. Mich deposits shall be similar to the following: No permit shall be given for over ninety (00) days without formal ex- tension. Placing building material on highway $."> 00 .Moving one ( 1 ) story building over highway 10 00 Moving building larger than one (1) story over highway 2"> 00 Moving steam roller over highway 2~> 00 See. 17. Consent of Corporation.- — The applicant for a oermit to move a building on or across Streets where there are car tracks or overhead wire construction must obtain and hie with the application "the consent of the company affected. Sec. is. Gutters Clear — Storage of building or other material on •the streets will only be permitted on express condition that the gut- ters to the full width of three (3) feet shall be kept absolutely clear --and free for the passage of water; such storage shall he limited to the frontage of the property mentioned in the application and to one- third of the width of the street. Sec. 10. Sidewalks Protected — where any heavy teaming i> neces- sary across sidewalks, either the flagstones shall be removed and a -clean dry walk maintained, or the crossing shall be so thoroughly pro- tected with heavy planking as to prevent injury thereto and present no obstruction to the safe use of the same by pedestrians. Sec. 2<). Non-interference with Traffic, etc. — Ail work to be done must be carried on in such manner as not to unnecessarily interrupt business on the street-, or in any way interfere with existing sewers, piping, subways; tracks or other public conveniences or utilities al- ready laid under authority. Sec. 2\. Snow Removal — The person or corporation to whom a permit for street opening is granted must remo\ e within twenty-foul hours all snow and ice that ma}' fall or form upon the street within feet upon either side of the opening and keep the space free from .snow and ice until the opening is properly refilled. Sec. 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. Sec. 2'.',. Penalties — Failure to comply with any of the conditions of this ordinance by any person or corporation, or failure to perform any of the above acts in the manner prescribed and directed by the .President of the Borough, or his Inspectors or other duly appointed ORDINANCES OF THE CITY OF NEW YORK. 345 agents, will be punishable by the revocation of the permit for such- work, the refusal to issue further permits to the offending party for* any purpose whatever for a period not exceeding six months, or for- feiture of the temporary security deposits, or any or all of these pen- alties. Article 2 — Widths of Sidewalks. Sec. 24. In carrying out street improvements in the Borough <>jF Richmond, where the regulation of sidewalks and curbing is affected,, in all new streets and in old ones, where possible, unless serious diffi- culties interfere, to be then determined by the President of tti< Bor- ough. 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 fort}- (40) feet wide and less than fifty (50) 10 feet C — Where street is fifty (50) feet wide and less than sixty (60) 12V 2 feet D — Where street is sixty (60) feet wide and less than seven- ty (70) 15 feet E — Where street is seventy (70) feet wide and less than eighty (80) 1TV 2 feetr 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 Sec. 25. For all new sidewalk pavement the footway shall be- not less than live (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 Presiden: of tin- Borough of Richmond. Sec. 26. All sidewalks shall be laid on a grade rising from top o£ 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 (1-3) of an inch where the whole sidewalk width is to be paved. PART XV. MISCELLANEOUS ORDINANCES AFFECTING THE BOR- OUGHS OF QUEENS, RICHMOND AND THE BRONX. C 1 1 A PT ER 1— Ml SCELLANEOUS. Article 1 — Publication of Session Laws in the Boroughs of Queens and Richmond. Section 1. The compensation for publication of the Session Laws ORDINANCES OK THE CITY OF NEW YORK. in the Counties of Queens and Richmond is herein fixed at the rate of 50 cents per folio. Article 2 — Fees for Certain Sewer Connections in the Borough of The Bronx. Sec. 2. All plumbing contractors performing work on any muni- cipal or public buildings in the Borough of the Bronx, in The City of Xew York, shall be exempt from charge of lees 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 $10 for each such municipal or public building owned by The City of Xew York, provided, however, that this resolu- tion shall not affect any existing contract. PART XVI. Penalty for Violations. \\ herever in the foregoing ordinances no specific penalty is pro- vided tor the violation of any such ordinance, the penalty for the vio- lation thereof shall be the sum of ten dollars ($10). IN" THE BOARD OF ALDERMEN: An Ordinance to amend section 449 of the City Ordinances adopted October 30; 1906, and approved November 8, 1906, relat- ing to the Rules of the Road. Be it Ordained, by the Board of Aldermen of The City of Xew York as follows: Sec. 1. Sec. 4-19 of the City Ordinance adopted October iJO. 190(1, •ami approved November s. 1906, is hereby amended so as to read as follows : Sec. 449. Right of W ay of Certain Vehicles— The Officers and men of the Fife Department and Fire Patrol, with their tire 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 physicians who have a Police permit (as hereinafter provided), shall have the right of way in anj' 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 l>e transferable. Sec. :J. This ordinance shall take effect immediately. Adopted by the Board of Aldermen. December 4. 1906, a ma- jority of all the members elected voting in favor thereof. Approved by the Mayor, December 11. 1906. ORDINANCES OF THE CITY OF NEW YORK. 4S AMENDMENTS TO CODE FROM JANUARY /. 1906 TO JANUARY 1, 1908 In relation to vehicular traffic on the Ocean parkway, m the Borough of Brooklyn. Section 1. Hereafter it shall be unlawful to drive any vehicle oVer the easterly side road or bridle road of the Ocean parkway, between Prospect Park and the Cone}' Island Concourse, except as it may be necessary to cart or convey supplies to the residences along s?.id 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 in- tersecting street. Sec. 2. Any person who violates the provisions of this ordi- nance shall be liable to a penalty of $5 for each and every offense. Sec. 3. All ordinances or parts of ordinances of the municipal and public corporations consolidated into The City of Xew York inconsistent or conflicting with the provisions of this ordinance are hereby repealed. .Adopted by the Board of Aldermen, February 14, 1906. Received from his Honor the Mayor, February 28, 1906, with- out his approval or disapproval. No. 162. Whereas, By ordinances heretofore adopted by the Board of Aldermen of The City of New York, the use of certain parkways in said City by business vehicles has been regulated; and Whereas, By chapter 494 of the Laws of 1905. West End avenue, north of Seventieth street, in the Borough of Manhattan, in said City of Xew York, was placed under the jurisdiction and control of the Department of Parks of The City of Xew York, and made a parkway, and it is desirable that the said rules regulating the u^e of parkways be extended to the said West End avenue. Xow 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 Xew York, will be per- mitted in the forenoon: but no business vehicle shall enter upon or pass over said parkway after the hour of noon, except by special 346 ORDIXAXCKS OK THK CITY OF NEW YORK. permission of the Commissioner having jurisdiction. Tn passing over the. said parkway, business vehicles must go direct to place of de- livery, must leave the said parkway without unnecessary delay and "by the shortest route — the place of entry, if possible. Said park- ways must not be used to enable business vehicles to reach places -exterior to them. Adopted by the Board of Aldermen. March 6, 1906. Received from his Honor, the Mayor. March 20. 1006. with- out his approval or disapproval. No. 180. Governing sidewalk widths in the Borough of Queens. Section 1. In carrying out street improvements 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 fort}' (40) feet wide, to be de- termined 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), 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 <8o), 17.5 ^et. Where street is eighty (80) feet wide and less than one hundred read as follows: Section 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 oil 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 s< [iiare yard.. 3 oo> For macadam, per square yard 80 For areas in excess of ten (10) square yards, special, as may bo determined by the President of the Borough or his representative^ Sec. 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 10. 1906. Approved by the Mayor, April 17. 1906. No. 239. Extending the application of sections 312, 313 and 314 of the Revised Ordinances of 1897 to all the boroughs of The City of New York. Section 1. Sections 312, 313 and 314 of the Revised Ordinances of The City of New York are hereby re-enacted and made applicable to all of the boroughs of The City of New York in all reaped > save that covered by section 2 of this ordinance. Sec. 2. Section 313 of the Revised Ordinances is hereby amended by striking out the words "the Commissioner of Public Works .,t. tlie end of the first sentence thereof and by inserting in lieu thereof the following words, viz.: "the President of the Borough in which the work is to be done." 348 ORDINANCES OK THE CITY OF NEW YORK. Bee. 3. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 10, 1906. Approved by the Mayor. April 17, 1906. No. 286. Amending section 14 of Article I. of "An Ordinance in Relation to the Rules of the Road." Section 1. Section 14 of Article I. of "An Ordinance in Re- lation to the Rules of the Road," approved and signed by the Mayor "December 14. 1903, is hereby further amended so as to read as follows : Sec. 14. Surface Cars Taking On or Discharging Passengers — ■ Surface cars shall stop on the far side of the street at the cross- walk 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 One Hundred and Thirty-fifth street with said avenue. S \ -\ This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 17, 1906. Approved by the Mayor, April 27, 1906. Xo. 291. Amending section 721 of the Revised Ordinances of The City of New York of 1897, relating to the use of firearms. Section 1. Section 721 of the Revised Ordinances of the City of Xew York of 1897, relating to the firing of firearms, hereby is amended so as to read as follows: Sec. 72J. No person shall fire off or discharge any gun, pistol, fowling piece or other firearm in The City of Xew York, under a penalty of ten dollars for each offense. The provisions of this sec- tion shall not apply to Washington Park, Hamilton Park, Bender's Schutzen Park. Bellevue Garden, Harlem River Park, Christ's Park, Kuntz's Elm Park, National Park, Karl Park. Hudson River Park, Brien's I ndercliff 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 Hun- dred 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: Manhattan Park, situated in One Hundred and Fifty-fifth street, two hundred feet west of Eighth avenue; Cosmopolitan 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 ORDINANCES OF THE CITY OF NEW YORK. 349 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 street-: the premises of Tony Eiser, on the northeast corner of One Hundred and Eighty-fifth street and Amsterdam avenue; the Berke- ley Oval, on Burn side avenue, between Sedgwick avenue and Ma- comb's Dam road: the premises of Henry Martens, No. 1151 Sreb- bins 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, adjoining 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 Washington Heights Club, One Hundred and Fifty-second street and Amsterdam avenue; the premises of the Country Club of Westchester County, situated on Eastchester Bay, in the late T<»wn of Westchester, now New York City; the grounds of Mrs. M. W. Ditmar, in Bay Chester; the grounds of the Kingsbridge Gun Club; the premises at the corner of Willow avenue and One Hun- dred 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 Cort- landt. 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. Linoleumville, Staten Island; Madison Square Garden, New York City; the grounds occupied by the Transit Rod and Gun Club, located near Lafayette avenue and the Bronx river; the premises known as Manhattan Casino Park, situate on the north side of One Hundred and Fifty-fourth street, between Eighth avenue and Central avenue, in the Borough of Manhattan; the premises of the Craig Lea Rod and Gun Club, Pelham Bay, Bronx Borough; grounds Fox Hills Gun Club, Vanderbilt avenue. Clifton, Fourth Ward, Richmond Borough; the grounds occupied by James A. !!enderson, on the westerly side of Pelham Bay, fifteen hundred feet southerly of the New Road Dock; the grounds of D. J. Mac- Leod, known as Greenfield Park, on Coney Island avenue and Ave- nue L, in the Thirty-first Ward, in the Borough of Brooklyn. Sec. 2. The provisions of this ordinance permitting the dis- charge ui firearms on certain grounds and places shall apply with 1 350 ORDINANCES OF THE CITY OF NEW York. equal t*<»rco to all the grounds and places named in section 1 hereof, in whatsoever borough situated. Sec. 3! All ordinances »>r parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Sec. 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen. April J4. 1906. Approved by the Mayor. May i, njo6. No. 314. Amending section 105 of the Ordinance of The City of New York, known as the Building Code. Section I. 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 which exceeds thirty-six feet six inches, excepting all buildings for which specifications and plans have been heretofore submitted to and approved by the Departmenl 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. 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 landing shall be built entirely of brick, Stone, Portland cement concrete, iron <>r 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 one hundred and fifty feet, the doors and window- and their frames, the trims, the casings, the interior finish when filled solid at the back with fireproof ma- terial, and the tloor boards and sleeper- 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 height of a fireproof building exceeds twelve stories, or more than one hundred and fifty 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 with metal, the inside window frames and sash, doors, trim ORDINANCES OF THE CITY OF NEW YORK. 351 and other interior finish may be of wood covered with metal, or of wood treated by some process approved by the Board of Build- ings to render the same fireproof. All hall partitions or permanent partitions between rooms in fire- proof buildings shall be built of fireproof material and shall not be started on wood sills, nor on wooden floor boards, but be built upon the fireproof construction of the floor and extend to the fireproof beam tilling above. The tops of all door and window openings in such partitions shall be at least twelve inches below the ceiling line. Sec. 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen. May I, 1906. Approved by the Mayor, May 8, 1906. No. 330. 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. 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 inflammable liquid, gas or vapor, it being noted that a volatile inflammable liquid that will emit an inflammable vapor at a temperature below one hundred and sixty degrees Fahrenheit. Sec .2. Every owner rind occupant, severally and respectively, 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. Sec. 3. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, May 1, 1906. Approved by the Mayor, May 9. 1906. No. 372. Amending an ordinance relating to the use of firearms. Section 1. The ordinance relating to the firing of firearms which was adopted April 24, 1906. and approved May 1. 1906, is hereby amended by adding to 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 five hundred feet westerly from the \mboy road, Richmond Valley, Borough of Richmond." 352 ORDINANCES OF Vfi% CITY OF NEW York. Sec. 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermeiv, May 15. 1906. Approved by the Mayor, May 22, 1906. No. 430. Section 143, Part XXVII. of the "Building Code," relating to fire limits. Section 1. Section 143, Part XXVII., of the Building Code, re- lating to lire limits, so far as the same applies to the hirst Ward, Borough of Queens, is hereby amended so as to read as follows: On the north by a line one hundred t 100) feet north of the north- erly >ide of Nott avenue to a point one hundred (100) feci 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 A 1st avenue; thence southerly ninety (90) feet east of the easterly side of Van Alst avenue to Xewlown creek, the southerly and west- erly boundaries to remain a.s now established. Sec. 2. Ail ordinances or parts of ordinances inconsistent or con- flicting with the provisions of this ordinance are hereby repealed. Sec. 3. This ordinance shall lake effect immediately. Adopted by the Board of Aldermen, June 12, 1906. Received from his Honor the Mayor, June 26, 1906, without his approval or disapproval. No. 468. To prevent the public display of indecent pictures or prints as ad- vertisements, tending to incite to acts of immorality or crime. Section 1. Xo person shall post, paste, print, nail, maintain 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 indecent print, or any picture or cut, tending to represent the doing of a criminal act. or representing in- decently 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 in- dividuals, or shocking to the sense of decency, or tending to incite the mind to acts of immorality or crime, or to familiarize and accus- tom the minds of young persons with the same. Sec. 2. Any person offending against any of the foregoing pro- visions of this ordinance shall be punished by a hue of no'1 less than $10 nor more than $100, or imprisonment not exceeding ten days; each day such violation shall be wilfully maintained or continued shall be ORDINANCES OF THE CITY OF NEW YORK. 353 deemed to constitute a separate offense and render the offender liable to additional arrest and prosecution. Sec. 3. The ordinance entitled "An ordinance to promote public morality in The City of New York," adopted October 17, 1905, and approved October 24. 1905. is hereby repealed. Sec. 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen June 19. 1906. Received from his Honor the Acting Mayor. July 2, 1906, with- out his approval or disapproval. Xo. 486. Fixing the office hours of all public offices in The City of New York. Section 1. Section t, of an ordinance adopted by the Board of Aldermen. April 22. 1002. and approved by the Mayor April 29. 1902; is hereby amended by adding thereto the words following: Provided, however, that during the months of July and August all public offices in The City of New York, except as otherwise provided, shall be closed at 3 o'clock p. m.. except on Saturdays, when such offices shall be closed at 12 o'clock noon, and further provided that the heads of all departments may. when public business requires it, keep the said offices open after 3 o'clock." Sec. 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, June 26, 1906. Approved by the Acting Mayor. July 3. 1906. No. 491. 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. Section 1. Xo 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 inflammable liquid, gas or vapor, it being noted that a volatile inflammable liquid in any liquid that will emit an inflammable vapor at a temperature below one hundred and sixty degrees Fahrenheit. Sec. 2. Every occupant of any premises which may be connected 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 hereinbe- fore specified in section r, and every owner of any premises who shall use, permit or allow the use of such sewer or drain for such purposes as hereinbefore specified in section 1. and every owner of any prem- ises 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 i54 ORDINANCES OF THE CITY OF NEW YORK. this ordinance and be guilty of misdemeanor, and shall be punished «pon conviction thereof by a fine of fifty dollars ($50), or imprison- ment for thirty (30) days. Sec. 3. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, June 26, 1906. Approved by the Acting Mayor, July 6, 1906. No. 544. 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. 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, without permission 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 Acting Mayor, August 10, 1906. No. 620. Amending section 530 of the Revised Ordinances of the Mayor, Al- dermen and Commonalty of 1897, of The City of New York. Section 1. Section 530 of the Revised Ordinances of the Mayor, Aldermen and Commonalty of The City of New York of 1897, be and is hereby amended by inserting Sec. 530. No licensed peddler, ven- der, hawker or huckster shall be allowed to cry his or her wares with- in two hundred and fifty feet of any school, court-house, church, building in which religious services are held or hospital between the hours of 8 o'clock a. m. and 4 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, be- tween 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 8 o'clock a. m. to 6 o'clock p. m. Sec. 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, October 23, 1906. Approved by the Mayor, October 30, 1906. No. 668. Providing for the removal of buildings along and across the high- ways of The City of New York. Section 1. Section 269 of the Ordinances of The City of New ORDINANCES OF THE CITY OF NEW YORK. 355 York, adopted October 30, 1906, and approved November 8, 1906, is hereby amended by 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 removed, 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 two hundred and fifty dollars for each offense/* Sec. 2. This Ordinance shall take effect immediately. Adopted by the Board of Aldermen November 20. 1906. Approved by the Mayor December 3, 1906. No. 6S4. Amending section 449 of the City Ordinances adopted October 30, 1906, and approved November 8, 1906, relating to the Rules of the Road. 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: Sec. 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 physicians who have a Police permit (as hereinafter provided), 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. Sec. 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, December 4. 1906. Approved by the Mawor, December 11, 1906. No. 60. To minimize danger to passengers boarding and alighting from railroad cars on Broadway, between Fifty-ninth and Manhattan streets, in the Borough of Manhattan. Section 1. For the purpose of minimizing danger and in order that passengers may more conveniently board and alight from the 356 ORDINANCES OF THE CITY OK \KW YORK railroad cars operated on Broadway, between Fifty-ninth and Man- hattan streei>, in the Borough of Manhattan, the railroad company, or companies, operating cars on said thoroughfare shall require 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. Sec. 2. A failure on the part of the company, or companies, open-ting cars on said Broadway, or on the part of the employee or eiTipkiyees thereof, to comply with the provisions of this ordi- nance, shall subject the company, companies or other persons so offending to a penality of twenty-live dollars for each and every failure so to do. Sec. 3. All ordinances or parts of ordinances inconsistent or conflicting with the provisions of this ordinance are hereby re- pealed. Sec. 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, February 26. 1007. Received from his Honor the Mayor. March 12, 1907, without his approval or disapproval. No. 111. Providing for the conspicuous numbering of buildings in the Borough of Manhattan, City of New York. Section 1. The owner of every building in the Borough of Man- hattan, City of New York upon a street to which street numbers have been assigned shall cause the streel 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. Sec. 2. Any person violating thi> 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 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. Sec. 3. It shall be the duty of the Police Department to re- port to the Corporation Counsel all violations of this ordinance ft >rth with. The Corporation Counsel -hall 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 re- port to the Corporation Counsel each instance of non-compliance with the ordinance. )&DINANCES OF THE CI TV OF NEW YORK. :*57 Sec 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen. March 19, 1907. Approved by the Mayor. March 27. 1907. Regulating the placing of electric signs in The City of New York, and providing that the same shall be licensed. Section t. 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. Sec. 2. Electric sign.- 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 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, in- cluding 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 hied with the Superintendent of Buildings having juris- diction, 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 certifi- cate 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 regu- lations of that Department. Sec. 3. Xo certificate shall be given by the Superintendent of Building.-, and no permit shall be issued by the City Clerk, for the erection of electric sign or signs on any building when such build- ing adjoins a building occupied exclusively as a private residence., unless the written consent of the owner or owners of said private residence for the erection of such electric sign be first obtained. Sec. 4. No electric sign shall be placed, hung or maintained, except as in this ordinance provided, under a penalty of ten dollars for each offense, and r .'urtlier penalty of ten dollars for each day or part of a day the same shall continue. 358 ORDINANCES OF THE CITY OF NEW YORK. Sec. 5. All ordinances or parts of ordinances inconsistent or conflicting with the provisions of this ordinance are hereby repealed. Sec. 6. This ordinance shall take effect immediately. Adopted by the Board of Aldermen. April 30. 1007. Approved by the Mayor, May 7. 1907. ^ T °- 376. In relation 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. Section 1. The several Borough President 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 in- stitution reserved for the treatment of the sick, a sign or signs dis- playing the words "Notice — Hospital Street.*' and such other warn- ing 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 such institution. Sec. 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. Sec. 3. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, June 25. T907. Approved by the Mayor. July 2, 1907. No. 620. Regulating the matters provided for in section 1481 of the Laws oi 1897, as amended by chapter 46b of the Laws of 1901, known ac the Greater New York Charter. Section 1481 being one of the sections specified under the tit *e '•The Second Schedule." "Section to remain in force until changed by the Board of Al- dermen." Section 1. Tt shall not be lawful to exhibit on the first day of the Week, commonly called Sunday. t<» the public, in any building, gar- ORDINANCES OF THE CITY OF NEW YORK. 35» den, grounds, concert room or other room or place within The City of New York, the performance of an}- tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing, wrestling, boxing . with or without gloves, sparring contest, trial of strength, or any part or parts therein, or any circus, equestrian or dramatic perform- ance or exercise, or any performance or exercise of jugglers, acro- bats, 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 Sun- day, sacred or educational, vocal or instrumental concert-, lectures, addresses, recitations and singing, provided that such above men- tioned entertainments shall be given in such manner as not to dis- turb the public peace, or amount to a serious interruption of the repose and religious liberty of the community. Any person wil- fully offending against the provisions of this section, and every per- son knowingly aiding in such exhibitions, except as herein pro- vided, 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 hereire provided, or assent that the same be used for any such purpose, shall be subject to a penalty of live 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, prohibited by this ordinance, the license which shall have been previously obtained by such manager, proprietor, owner or lessee is of itself vacated and annulled. Sec. 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen. December ^7- I9Q7- Approved by the Mayor. December 19, 1007. No. 627. Amending sections 277 and 280 of the Code of Ordinances of The City of New York, adopted October 30, 1906, and approved November 8, 1906, relating to Surveyors' fees. Section t. Section 277 of the Code of Ordinances of The City of New York, adopted October 30, 1006, and approved November 8, 1906, hereby is amended so as to read as follows: Sec. 277. The City Surveyors employed by any Borough Presi- dent shall receive compensation for their services as follows, and ORDINANCES OF THE CITY OF NEW YORK. no Surveyor's bill shall be paid unless the same be first certified l>y 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 meas- uring through the centre, of the street or avenue. For grading and setting curb and 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 pav- ing, 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 ami 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. For fencing, including preliminary survey, five cents per linear loot For making a country road fourteen cents per linear foot, meas- uring 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 included 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 ma]) 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 Presi- dent in accordance with the terms of such agreement. ORDINANCES < >F THE CITY OF XK\Y YORK 361 Sec. 2. Section 280 of said Code of Ordinances hereby is amended so as to read as follows : Sec. 280. A Surveyor shall he entitled to receive fifteen dollars for ever}- 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 makii% the contract, and except as herein otherwise provided, no Surveyor shall be entitled to any pay- ment 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 cer- tified to be done. Sec. 3. All ordinances and parts of ordinances inconsistent here- with hereby are repealed. Sec. 4. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, December jo. 1907. Received from his Honor the Mayor, December 31, 1907. with- out his approval or disapproval. No. 1203. Amending sections 242, 248 and 249 of Article XIV. of the Revised Ordinances of the City of New York of 1897. Section 1. Sections 242, 248 and 249 of Article XIV. of the Revised Ordinances of The City of New York of 1897, in relation to "Flagging. Curbing and Repairing Sidewalks. " are hereby amended so as to read as follows: Sec. 242. All streets in the (City of Xew York) Boroughs of Manhatan 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, (not less than three inches thick, and not less than two feet wide, and containing a superficial area or at least eight square feet.) in full accordance with that called for in the standard specifications for this work on file in the offices of the Presidents of the Boroughs of Manhattan and The Bronx. Sec. 248. No sidewalk or any part of a sidewalk laid with (brick or flagging) granite or bluestone flagging or artificial stone shall hereafter be taken up or the (brick or flagging) granite or bluestone flagging or artificial stone removed therefrom, for any purpose whatever, in the Venty-third or Twenty- fourth Wards of The City of Xew York) Boroughs of Manhattan and The Bronx, without the written permission of the (Commissioner of Street Im- provements of said wards, or in any other part of The City of Xew York, without the written permission of the Commissioner of Pub- lic Works,) President of the Borough of Manhattan, or the Presi- dent of the Borough of The Bronx, respectively, as jurisdiction may 362 ORDINANCES OF THE CITY OF NEW YORK apply, under the penalty of twenty-five dollars for each offence; but the provisions of this section, unless such work should come within the limits of an ordinance of the (Common Council) Board of Alder- men, shall not apply to any person engaged in the necessary re- pairs 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. Sec. 249. All private cartways, crossing any of the sidewalks of the (City of New York) Boroughs of Manhattan and The Bronx, and all sidewalks whatever shall be paved with granite or bluestone, or artificial stone (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 ten dollars upon the owner and occupant of the lot in front of which such cartway or sidewalk shall be. severally and respectively. Sec. 2. This ordinance shall take effect immediately Adopted October 22. 1906. Received from the Mayor November 3, 1906. INDEX PART I. General Ordinances and Ordinances of a General Character. Chapter i — Executive Department 3 2 — Legislative Department 4 3 — Law Department 5 4 — Department of Finance 6 5 — Borough Presidents 19 6 — Department of Water Supply, Gas and Electricity - • • 57 7 — Bureau of Licenses * 61 8— Weights and Measures 80 9 — Cleaning Streets and Sidewalks 84 " 10 — Sale, Use and Transportation of Explosives 89 " 11 — Discharge of Firearms 91 " 12 — Rules of the Road 93; " 13 — A! iscellaneous Ordinances 100 " 14 — Sanitary Code 11c " 15 — Building Code 154 " 16— Park Ordinances, Rules and Regulations 244 PART II. Ordinances Affecting that Part of The City of New York Included Within the Borough of Manhattan. Chapter ] — Sales of Commodities, Etc 257 " 2 — Nuisances 262 " 3 — Partition Fences and Walls 264 " 4 — Surface Railways 20(v " 5 — Miscellaneous Ordinances 271 PART III. Ordinances Affecting that Part of The City of New York Included Within the Borough of Brooklyn. Chapter 1 — The Borough President 27£ 2 — Public Safety and Order 279. " 3 — Partition Fences and Walls 281 4 — Strict Musicians 283 *' 5 — Railroads 284 6 — Miscellaneous Ordinances 288 PART IV. Ordinances Relating to that Section of The City of New York Formerly Known as Long Island City. Chapter 1 — Public Safety and Order 291 2 — Partition Fences and Walls 295 PART V. Ordinances Relating to that Section of The City of New York Formerly Known as the Viallage of Flushing. Chapter 1 — Streets and Highways 298 " 2 — Public Order and Safety 303 " 3 — volunteer Fire Department 303 PART VI Ordinances Relating to that Section of The City of New York Formerly Known as the Village of Jamaica. Chapter 1 — General Regulations 307 " 2 — Volunteer Fire Department 308 PART VII. Ordinances Relating to that Section of The City of New York Formerly Known as the Village of Richmond Hill. Chapter 1 — Streets and Highways 313 PART VIII. Ordinances Relating to that Section of The City of New York Formerly Known as the Village of Far Rockaway. Chapter 1 — Public {Safety and Order 314 " 2 — Volunteer Fire Department 317 " 3 — Fines and Penalties 3 l 7 PART IX. Ordinances Relating to that Section of The City of New York Formerly Known as the Village of Rockaway Beach. Chapter 1 — General Regulations 318 PART X. Ordinances Relating to that Section of The City of New York Formerly Known as the Village of Arverne-by-the-Sea. Chapter l — Public Safety and Order 323 " 2 — Streets ai;d Highways • • •. 324 " 3 — Auctioneers 327 " 4 — Fines and Penalties 328 " 5 — Abandoned Poles in Streets 328 PART XI. Ordinances Relating to that Section of The City of New York Formerly Known as the Village of Port Richmond. Chapter 1 — General Regulations 33a PART XII Ordinances Relating to that Section of The City of New York Formerly Known as the Village of New Brighton. Chapter 1 — Streets and Highways 334 2 — Public Safety and Order 338 PART XIII. Ordinances Relating to that Section of The City of New York Formerly Known as the Village of Edgewater. Chapter 1 — Railroads 339 PART XIV. Ordinances Generally Affecting the Borough of Richmond. Chapter 1 — Streets and Highways 339 PART XV. Miscellaneous Ordinances Affecting the Boroughs of Queens. Rich- mond and The Bronx. Chapter 1 — Miscellaneous 343 PART XVI. Penalty fur Violations 344 AMENDMENTS. Vehicular Traffic on Ocean Parkway 345 Width of Sidewalks — Queens 346 Opening of Pavements and Sewer Connections — Borough of Richmond * 347 To Rules of the Road 348 The Use of Firearms 348 To Building Code 350 Discharge of Gas or Vapor into Sewers, Etc. 351 The Use of Firearms 351 Fire Limits of Building Code 352 Display of Indecent Pictures, Etc. 352 Fixing Office Hours in Public Offices in New York City 353 Removal of Buildings Across Streets, Etc. — Bronx 354 In Relation to Rights of Peddlers, Etc. 354 Removal of Buildings Across Streets, Etc. — New York City 354 Right of Way of Certain Vehicles 355 Danger of Passengers of Street Cars . . 355 Numbering of Buildings — New York City 356 Electric Signs — City of New York 357 Peace and Quietness of Inmates of Hospitals, Etc 358 Exhibitions — Theatres — Etc., on Sundays 358 Surveyor's Fees • 359 Repiaring Sidewalks, Flagging, Etc. 361 NEW YORK PREPARATORY SCHOOL, | 15 WEST 43rd STREET, MANHATTAN TEL. 2956 BRYANT. 200 JORALEMON STREET, BROOKLYN TEL. 1908 MAIN. Prepares For All Civil Service Examinations The New York Preparatory School is the oldest, largest, best equipped and most successful school train- ing students for Civil Service and Regents examinations. It has over 8,000 Alumni. The faculty of this school is made up of men who are specially equipped by training and experience for these lines of work. The building on 43d Street contains a large and fully furnished gymnasium, which is under the management of one of the best known directors in New York. The physician in attendance will make a full preliminary examination. Particular Attention Will be Given to Applicants for Appointment as Letter Carrier Send for Catalogue CMIL E. CAMERER, A. M. Li. B., Prindpal SAMUEL E. BATES, Registrar 4 * ESTABLISHED 10 YEARS I G YMNASIUM & CIVIL SERVICE SCHOOL f The Oldest and best Known Civil Service School. 115 117 West 23rd Street NOW AS THE TIME TO PREPARE FOR THE Coming Examination for Post Office 1 \ental and Physical training for applicants for the POLICE and FIRE departments. Money refunded if you fail to pass. Investigate our Civil Service School with others, but be sure not to make any deposits until you have seen our plant, the largest and most up- to date In the business. We have placed more men in these departments than all other schools com- bined. Ask any POLICEMAN or FIRE MAN about us. CALL FOR ONE OF OUR ILLUSTRATED CATALOGUES. WM. J. BROWN, Manager. J