COLUMBIA LIBRARIES OFFSITE AVERY FINE ARTS RESTRICTED AR01 396790 iEx ICtbrts SEYMOUR DURST When you leave, please leave this book Because it has been said "Sver'thing comes t' him who waits Except a loaned book." \\ \ ky Architectural and Fine arts library (in i oi Seymour B. Durst Oi n York Library i i I LAWS AND ORDINANCES RELATIVE TO OBSTRUCTIONS AND INCUMBRANCES ON STREETS AND SIDEWALKS IN THE CITY OF NEW YORK, WITH POWERS AND DUTIES OF THE BUREAU OF INCUMBRANCES. COMPILED AND PREPARED BY EBENEZKK B. SHAFER, Superintendent of Incumbrances. UNDER THE DIRECTION OP GEORGE M. VAN NORT, Commissioner of the Department of Public Works. NEW YORK: M. B. BROWN & CO., PRINTERS AND STATIONERS, Nos. 201 & 203 William Strjcbt. 1872. 7L BUREAU OF INCUMBRANCES CREATED IN THE DEPARTMENT OF PUBLIC WORKS. A Bureau for the removal of incumbrances on the streets or side- walks, the chief officer of which shall be called the Superintendent of Incumbrances, to whom all complaints relating to the removal of incum- brances shall be made, and by whom such incumbrances shall be removed. (To Corporation yard or other suitable place). The Superintendent is also charged with other duties, viz. : To receive applications and issue awning and building permits. To notify owners and others to repair sidewalk, curb and gutter stones, when out of order, and to superintend the repairing of the same (upon default of the owner or occupant), after service of legal notice. To receive applications and issue permits to cut down trees, upon consent of an Alderman and Assistant Alderman. The Superintendent is especially charged with the duty of attending to the enforcement of all laws of this State, and ordinances and resolu- tions of the Common Council relating to incumbrances and obstructions on streets and sidewalks in the City of New York, and is required from time to time to report to the Mayor or Corporation Attorney violations thereof by any individual, company, or corporation. Digitized by the Internet Archive in 2013 http://archive.org/details/lawsordinancesreOOnewy ORDINANCES or THE Hapr, Jlbwmen uvfo Commotralljj OF THE CITY OF NEW YORK, RELATIVE TO V OBSTRUCTING AND INCUMBERING THE FREE USE OF THE PUBLIC STREETS, SIDEWALKS, WHARVES AND PIERS. Sec. 1. No person shall incumber or obstruct any street, J/SjJjJJJJ 011 wharf, or pier in the city of New York, with any article or brances " thing whatsoever, without first having obtained written per- mission from the Mayor or Street Commissioner, under the penalty of five dollars for each offense, and the further penalty of five dollars for each day or part of a day such incumbrance or obstruction shall continue. Resolved, That section 1 of chapter 24 of the Revised Ordinances of 1866, be amended so as to read as follows: Sec. 1. No person shall incumber or obstruct any street, which has been Amended, opened, regulated, and graded according to law, or any wharf or pier in the city of New York, with any article or thing whatsoever, without first hav- ing obtained permission from the Mayor or Street Commissioner, under the penalty of five dollars for each offense, and a further penalty of five dollars 4 for each day or part of a day such incumbrance or obstruction shall con- tinue. (Passed, February 15, 1867.) Cellar- doors. Sec. 2. No person or persons shall construct or continue any cellar-door which shall extend more than one-twelfth part of any street, or more than five feet into any street, under the penalty of two hundred and fity dollars for each offense. Basement or cellar steps. Exception. Sec. 3. Every entrance or flight of steps projecting be- yond 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 enclosed with a railing on each side, permanently put up, from three to three and a half 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 accidents, under the penalty of twenty dollars for every offense, to be recovered from the owner, assigns, or lessee thereof, severally and respectively. Sec. 4. This ordinance shall not apply to buildings already erected before the twenty-fifth of March, one thou- sand eight hundred and thirty-four, until the owners and occupants thereof shall receive twenty days' notice from the Street Commissioner directing such railing, with gate or chain, to be put up in manner aforesaid. 5 Sec. 5. The owner of any such building shall not be Exception liable for the said penalty for not keeping any such gate closed or chains fastened across the front of such entrance or flight of steps when not the actual occupant thereof, anything to the contrary in this chapter contained notwith- standing. Sec. 6. No person or persons shall construct or continue windows, any bay-window or other window which shall extend into any street more than one foot from the wall of any house or other building, under the penalty of two hundred and fifty dollars for each offense, to be paid by the owner or owners thereof, or the person or persons who constructed the same, severally and respectively. Sec. 7. No person or persons shall hereafter construct cellar r * porch. any porch over a cellar-door, under the penalty of two hun- dred and fifty dollars. Sec. 8. No person or persons shall construct or continue stoop?, platforms any platform, stoop, or step in any street in the city of New etc ' 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 railing ; nor of greater width than is necessary for the purpose of a convenient passage-way into the house or building ; nor any stoop or step which shall exceed five feet in height, under the pen- alty of two hundred and fifty dollars. Sec. 9. Nothing contained in the preceding sections of Exception, this chapter shall be deemed to prohibit the continuation 6 of any parches, doors, stoops, platforms, or steps, which were heretofore erected, unless the same shall be com- plained of to the Street Commissioner, and he shall have directed their removal or alteration within a reasonable time. Sades. ^EC. 10. All persons who wish hereafter to erect balus- trades projecting beyond the street line shall first obtain a written permit from the Street Commissioner. iwd. Sec. 11. No balustrade shall hereafter be erected, ex- cepting 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. ibid. Sec. 12. None but iron braces and railings shall be used for balustrades ; the strength and firmness shall be tested by the Street Commissioner; and in case he object to the strength of the same, it shall be made as he shall direct, or removed, under the penalty of five dollars per day. posts. Sec. 13. No post shall be erected or put in any of the streets, lanes, or highways in the city of New York, unless under the direction of the Street Commissioner, under the penalty of five dollars for every such post. Sec. 14. No person shall place or fix, or continue in any street in this city, any awning post or railing, or any cloth or canvas for an awning, unless under the direction of the Street Commissioner and made conformably to the next Awning- posts. 7 section of this chapter, under the penalty of ten dollars for each offense. Sec. 15. All posts fixed in any street for the purpose of pj^ s ing " supporting any awning shall not exceed nine inches in diameter, and the rail crossing the same shall not exceed seven inches in width or height and four inches in thickness ; the said posts shall be placed next to and along the inside of the curb-stone, and the upper side of the rail, which is intended to support the awning, shall not be less than eight feet, nor over ten feet in height, above the side- walk, and the cross-rail shall be strongly mortised through the upright posts. Sec. 16. It shall be the duty of the said Street Commis- ibid, sioner to order and direct any awning-post which is erected or continued in any street in the city of New York con- trary to the last above section to be forthwith removed ; and any person who shall neglect or refuse to comply with such direction and order shall forfeit and pay for every such offense the sum of ten dollars. Sec. 17. The owners or occupants of property in any ibid, street of this city exceeding the width of forty feet, and from which the wooden awning-posts have been or may hereafter be directed to be removed, shall be, and they are hereby, permitted to erect in front of their respective build- ings thereon iron posts, and none others, for the support of awnings, with an iron cross-rail, which shall be nine feet and no more, from the curb-stone to the top of said rail ; V 8 said post shall be placed eight inches within the outer side of the curb-stone, and shall conform in all respects to a pattern or model now deposited in the office of the Street Commissioner. pS? g Sec. 18. 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 nails or rods at least one inch in diameter, in the proportion of one brace for every post. Ibi(J - Sec. 19. The owners or occupants of property in any street not exceeding the width of forty feet shall be, and they are hereby permitted to construct from their respect- ive buildings thereon wrought iron brackets for the sup- port of awnings, which said brackets shall be firmly se- cured to the building and project on a line with the inner side of the curb-stone, and shall be eight feet and six inches, and no more, in height, from the curb-stone to the top of the outer cross-rail. iwd. Sec. 20. It shall be the duty of the Street Commissioner to order and direct the removal forthwith of all iron awn- ing-posts and brackets which are now or may be hereafter erected, constructed, or continued in any street of this city contrary to the preceding provisions of these ordinances ; and any person who shall neglect or refuse to comply with ■ such direction or order shall forfeit and pay for every such offense the sum of five dollars. 9 Sec. 21. The preceding sections relating to awniags and Tbia - awning-posts shall not apply where the erection of iron awning-posts and brackets are permitted by these ordi- nances. Sec. 22. No portion nor part of any cloth or canvas Awnings, used as an awning shall hang loosely down from the same over the sidewalk or foot-path, under the penalty of five dollars for each day's offense. Amended February 8, 1870, as follows: "And after Half awn- J ' 7 ing to have the first day of March, 1870, each and every awn- tacn?d at " ing or water shed of any kind, covering 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, under a penalty of five dollars for each days' offense." Sec. 23. The Street Commissioner is hereby authorized, Removal J 1 ofobstruc- whenever he shall deem it proper, to order any step-stone tl0D8 ' 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 shall be limited by the said Commissioner. Sec. 24. The order or direction mentioned in the last Notice in writing. preceding section shall be in writing, and shall be, served personally or by leaving it at the house or place of busi- 10 ness of the owner, occupant or person having charge of the house or lot in front of which such step-stone or other in- cumbrance or obstruction may be ; or by posting the said notice or order upon such step-stone or other incumbrance or obstruction. penalty. Sec. 25. If any owner, occupant, or person having charge of any such house or lot in the city of New York shall refuse or neglect to obey or comply with such notice or order, he, she, or they shall forfeit and pay the sum of ten dollars, and the further sum of five dollars for each and every day, from and after the time limited and appointed in said order, until the same shall have been complied with. Sec. 26. 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 this city, under the penalty of ten dollars for each offense. Sec. 27. No person shall hang or place any goods, wares, or merchandise, or any other thing, at any greater distance than twelve inches in front of his, her, or their house or store or other building, under the penalty of five dollars for each offense. Sec. 28. No person shall place, hang, or suspend, at any Sards! 1 "" greater distance than twelve inches in front of and from the wall of any house or store or other building, any sign. Goods on balus- trades. Hanging goods in front of premises. 11 show-bill, or show-board, under the penalty of ten dollars for each offense. Sec. 29. The said Street Commissioner, with the assent of Treea - the Aldermen and Councilmen of any district of a ward in which any tree may be standing, may cause the same to be cut down and removed from the street, and shall cause so much of the sidewalk or carriage way as may be injured by the removal of such tree to be properly repaired. Sec. 30. No person shall plant, or suffer or permit to be ibid, planted, any tree or shoot in any street in the city of New York, under the penalty of fifteen dollars for every such offense. Sec. 31. The last preceding section of this chapter shall Ibld - not be construed to prevent the planting of trees in any street which is of the width of forty feet and upward, pro- vided the same may be planted upon the sidewalk or foot- path and within twelve inches of the curb-stone. Sec. 32. No person shall cut down, destroy, or in any ibid, way injure, any tree or shoot standing in any street or pub- lic place in the city of New York, under the penalty of fifty dollars for each offense. Sec. 33. No person or persons in the city of New York, Raising of whether agent, owner, or employer, shall suffer or permit any D unding 0f cask, bale, bundle, box, crate, or any other goods, wares, or merchandise, or any boards, planks, joists, or other tim- ber, or anything whatsoever, to be raised from any street, 12 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, under the penalty of twenty -five dollars, to be recovered by an action of debt from such person, agent, owner, or employer. JJJjSSJf" Sec. 34. No person shall lead, drive, or ride any horse, or drag any wheel or hand-barrow, or saw any wood, or lay or place any wood, coal, or other thing, or any goods, wares, or merchandise, or any other article whatsoever, up- on any footpath or sidewalk, under the penalty of five dol- lars for each offense. SrSfetc., Sec. 35. No person shall drive, or back, or lead any on the side- . , . waik». horse or cart, or other wheel carriage, on the footpath or sidewalk of any street, under the penalty of five dollars for each offense. ibid. Sec. 36. No owner or occupant of any store or house shall permit or suffer any cart or other wheel carriage to be driven or otherwise to pass or go over or upon the footpath or sidewalk opposite to such house or store, for the purpose of loading or unloading such cart or other wheel carriage, or for any other purpose whatever, under the penalty of five dollars for each offense. ifciewaiks ^ec. ^ an y caI ^ man or other person shall break or otherwise injure any footpath or sidewalk, he or they shall, within twenty -four hours thereafter, cause the same to be 13 well and sufficiently repaired and amended, under the pen- alty of ten dollars. Sec. 38. No person shall obstruct the walks laid across 2£}£" and the public streets or at the head of the public slips in the slips, city of New York, by placing or stopping his horse, cart, or other carriage upon or across any of the said walks, or by placing or putting any other obstruction or thing across or on the same, under the penalty of five dollars for each offense. Sec. 39. No person, without permission of the Common carrying Council, shall take up, remove, or carry away, or cause or JS2t!? e permit to be taken up, removed, or carried away, any turf, stone, sand, clay, or earth, from any street, public place, or highway in the city of New York, under the penalty of twenty-five dollars for each offense. Sec. 40. No person shall remove, or cause or permit to Moving be removed, or shall aid or assist in removing, any build- ing into, along, or across any street, lane, or alley, or pub- he place in the city of New York to the southward of Four- teenth street, under the penalty of two hundred and fifty dollars for every such offense. Sec. 41. No pavement in any street -in the city of New Removing 1 ^ J pavements. York which has been accepted by the Corporation to be kept in repair at the public expense shall hereafter be taken up or the paving-stones removed therefrom, for any pur- pose whatever, without the authority of the Common 14 Council, under the penalty of one thousand dollars for every offense. 253I5S. Sec. 42. No person, without permission of the Common streets. Council, shall dump or deposit any earth, dirt, rubbish, or other article (except for the purpose of building) in any street, either upon the cart-way or sidewalks, or any public place, under the penalty of ten dollars for every offense ; and if the same shall be dumped or deposited by a dirt- cart, the owner or driver thereof shall also be liable to be punished for misdemeanor, pursuant to the provisions of the act of the Legislature entitled " An Act relative to the powers of the Common Council of the City of New York and the police and criminal courts of the said city," passed January 23, 1833. AN ORDINANCE To Regulate Permits for Street-Stands, Show- cases, Signs, Stair-Ways, Hoist-Ways, and Deliveries. The Mayor, Aldermen, and Commonalty of the city of Neiv York, in Common Council convened, do ordain as follows : Permits Sec. 1. All the power and authority heretofore exer- for stands, &c - cised by the Mayor, Aldermen, and Commonalty, or by the Street Commissioner, in granting permits for show- cases, or stands for the sale of newspapers, fruits, books, or 15 other merchandise, article, or thing whatsoever, incumber- Permits ° 7 for stands, ing the streets or sidewalks, wharves, piers, or bulkheads, &c ' or for patting out signs, for or the receipt or delivery of goods across the sidewalks, or for the erection of stair-ways or hoist- ways over the sidewalks, is hereby invested in the Mayor; provided that each application for such permits shall be approved by the Alderman of the district and a Councilman residing in the Aldermanic district in which such permission may be located, and with the consent of the person or persons occupying the premises in front of which it is proposed to locate under such permission. Sec. 2. Nothing in this ordinance shall be construed as ibid, in any case requiring the Mayor to grant such permits in the absence of objections, unless he shall, in his discretion, be satisfied that the same is desirable and proper. Sec. 3. The Mayor is hereby invested with full authority i I n e , m ^. 1 a £ f and power to enforce the removal of all privileges, stands, ces ' signs, stair-ways, or hoist-ways which may have been erected without a permit, under the provisions of this ordinance. (Amended.) Sec. 4. Whenever notice is required in this ordinance, Notice, it shall be sufficient service to leave a copy of the same with any person in charge of the premises. Sec. 5. Every grantee of a privilege under this ordi- license nance for a show-case, sign, stair- way, or hoist- way, or goods delivery, shall pay a sum of ten dollars, and grantees of all other privileges the sum of one dollar, toward the expense 2 16 of executing this ordinance, to be accounted for among other fees of the Mayor's office. Termor Sec. q All privileges granted under the provisions ot this ordinance shall continue in force for one year, unless revoked by the Mayor, dating from the first day of May, 1866, or such portion of the year dating from the granting of the privilege, providing no permit extend beyond the first day of May succeeding the issue of the permit ibid. Sec. 7. All privileges which may be granted between the adoption of this ordinance and the first day of May, 1866, shall continue in force until May 1, 1867. Sec. 8. The Mayor shall cause to be provided a Record Book of all permits granted under this ordinance, in which shall be entered the names and location of all persons and the privileges issued in said permits ; such book to be open to the inspection of the public. - permits * ^ EC ' ^' privileges and permits heretofore granted by the Mayor, Aldermen, and Commonalty, or the Street Commissioner, which are contained in the provisions of this ordinance, are hereby repealed, rescinded, and an- nulled. Former permits. Sec. 10. All ordinances and parts of ordinances conflict- ing with this ordinance are hereby repealed, rescinded, and annulled. 17 Sec. 11. This ordinance shall take effect immediately. (Adopted by the Board of Council men, February 19, 1866.) (Adopted by the Board of Aldermen, February 21, 1866.) (Approved by the Mayor, February 24, 1866.) Resolved, That discretionary power be allowed to the License fee for signs. Mayor as regards changing the license fee for signs, under the ordinance granting such license; said discretionary power to be exercised according to the size and location of signs, providing no license for a sign be less than one dol- lar or more than ten dollars. (Approved by the Mayor, March 8, 1866.) Resolved, That the Mayor be, and he is hereby, requested Report of to render a detailed report to the Common Council, on the mits per " first day of May, 1866, of all licenses and permits issued in the several Aldermanic districts, by the Register of Per- mits, under the ordinance to grant licenses and permits, ap- proved by the Mayor, February 24,1866. Such report to contain the amount of money received and collected for each license or permit, and the privilege granted under such license or permit, and also the expenses incurred in the of- fice of said Register of Permits ; and, further, that semi- annual reports be. rendered to the Common Council, viz., on the first day of May and the first day of November in each year. (Approved by the Mayor, April 24, 1866.) Resolved, That the Street Commissioner be, and he is hereby, directed to remove all street-stands, show cases, signs, or stairways, or hoistways over the sidewalk, the owners of which have failed to comply with the provisions of said ordinance. (Passed February 24, 1866. To regu- late permits for street stands, show-cases, signs, stairways, hoistways, and deliveries.) Passed May 11, 1866. AN ORDINANCE Relative to Paving, Repaying, and Repairing the Carriage Ways of Streets and Avenues. (Chapter 14, page 227. etc. — Revised Ordinances, 1866.) Reguia- Sec 5. Any and all persons other than the Water Pur- tions a9 to J r veyor who may hereafter pave, or cause to be 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 shall be completed, ex- cept such pavement as shall be laid over pipes, which shall be cleared off within six days after the same shall be laid. This section shall be so construed as to apply to the re- moval of all sand, dirt, or rubbish collected in any part of any and all streets, lanes, and thoroughfares covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof ; and no contract for paving, in pursurnce of this section, shall 19 be accepted as completed unless the Water Purveyor shall certify that this section has been fully complied with. Sec. 7. Any contractors or other person or persons causing spjmngdirt any cart to be loaded and heaped up with manure, sand, earth, mud, clay, or rubbish, so that the contents or any part thereof shall be scattered in any street, avenue, lane, pier, or bulk-head in this city, shall forfeit and pay the sum of live dollars for each offence. Sec. 10. No person or persons shall, without the con- obstruc- 1 r tions in sent of the Water Purve} r or, in writing, or without the sfi-eetf. consent of the person superintending said paving, throw down, displace, or remove any such obstruction mentioned in the last preceding section of this chapter, under the pen- alty of fifteen dollars for every such offence. Sidewalk, Curb, and Gutter Stones. Sec. 7. No sidewalk or part of a sidewalk laid with Removal of sidewalk brick or flagging in any part of the City of New York. SUf**" shall hereafter be taken up. or the brick or flagging re- moved therefrom for any purpose whatever, without the the written permission of the Street Commissioner, under penalty of twenty-rive dollars for every such offence. — R. O. 1866, p. 283. Sec. 14. The owner or owners, lessee or lessees, OCCU- who to flag and pant or occupants of any house or other building or vacant ESGw»i*«. lot fronting on any street or avenue shall, at his, her. 20 or their charge or expense, well and sufficiently pave, ac- cording to the ordinances, and keep and maintain in good repair, the sidewalks, curb and gutter of such street or avenue in front of any such house, or other building, or vacant lot. — R O. 1866, p. 236. Jagand ^EC. 15. Upon complaint being made to the Street Com- sf&waiks. missioner, to his satisfaction, that any sidewalk and curb and gutter, or either, are not paved or repaired according to the ordinances, it shall be lawful for the said Commis- sioner to cause a notice to be served upon the owner or owners, lessee or lessees, occupant or occupants of any 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 no- tice.— R 0. 1866, p. 236. Sec. 16. 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, it shall be lawful for the Street Commissioner to order the same to be done ; and in case the expense thereof shall not exceed the sum of two hundred and fifty dollars (amended, one thousand dollars) to appoint such person or persons to do the same, as he shall deem proper, and in case-such expense shall exceed the aforesaid sum — two hundred and fifty dollars 21 (amended, one thousand), the same shall be done by con- tract according to the ordinances. — R. O. 1866, p. 237. Sec 17. The expense of such work, together with the Expenses expense of surveying the same, and certifying to the work done and materials furnished by one of the City Surveyors, shall be paid out of the appropriation for sidewalks. — R 0. 1866, p. 237. Sec. 18. It shall be the duty of the Street Commissioner, iwa. immediately upon the completion of such work and the payment thereof, to report the same to the Corporation At- torney, who shall recover the amount to be paid, with ten dollars as penalty, from the owner or owners, lessee or lessees, occupant or occupants of any such house or other building in front of which the expense was incurred, in any court having jurisdiction thereof, in the name of the Mayor, Aldermen, and Commonalty of the City of New York. — R 0. 1866, p. 237. Sec. L9. It shall be the duty of the Corporation At- J®^* 1 . 68 torney, in returning to the Comptroller an account of moneys recovered in such suits, to specify that the same were recovered for " penalties on sidewalks ;" and it shall be the duty of the Comptroller to credit the amount thus paid to the fund appropriated as aforesaid. — R O. 1866, p. 237. ^ t l i ihiyy ?>-\.p* This ordinance is ahmftl I'.te by judicial decision (see Cor- poration Counsel). 22 AN ORDINANCE Relative to the Erection of Barriers to prevent Accidents. (Chap. 20, page 259, etc. — Revised Ordinances. 1866.) iXnceo* Sec. 1. It shall be the duty of every person or persons railing to be erected, 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 part of the public roads, streets, or avenues, under contract with the Corpora- tion of this city, made through either or any of the depart- ments of the said Corporation, or by virtue of any permis- sion which may have been granted to them by the Mayor and Common Council or either of the scad 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 works in such a manner as to prevent dan- ger 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 removed. And it shall also be the duty of such persons to place upon such railing or fence, at twilight in the evening, suitable and sufficient lights, and keep them burning through the night, during the performance of said work, under the penalty of two hundred and fifty dollars for every neglect. ibid. Sec. 2. The provisions of the preceding section shall 23 apply to every person who shall place building materials in any of the public streets or avenues, or be engaged in build- ing any vault or constructing any lateral drain from any cellar to any public sewer, or who shall do or perform any work causing obstructions in the public streets, by virtue of any permit from any executive department ; and also to all public or Corporation officers engaged in performing any work in behalf of the Corporation, whereby obstruc- tions or excavations shall be made in the public streets. Sec. 3. The extent to which such railing or fence should Extent f o fence or be built in the several cases is hereby defined as follows, to rdllmg " wit : 1. Iu 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 on 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 said car- riage-way be obstructed across such portion, in which case the obstruction shall be so arranged as to leave a passage-way through, as nearly as may be of uni- form width. 3. In the building of a sewer, by placing it across the carriage-way at the end of such excavations as shall be made. 24 4. In the building of a well, by inclosing the same and the obstructions connected therewith on one or more sides. 5. In building vaults, by inclosing the ground taken for the vaults. 6. In placing building materials in the streets, by plac- ing it across so much of the street as shall be occu- pied by such materials ; and the materials shall be so placed as to occupy a space of uniform width, ex- cept brick or stone piled solid at least seven feet high. In all cases sufficient lights are to be placed upon such building materials, fences, or railings, and kept burning during the night, as provided by the preceding sections. Duties of Sec. 6. It shall also be the dutv of the said chiefs of bu- chief s of J fntwscon- reaux, when any of the works referred to in any of the pre- nection. ceding sections shall be performed, whether for digging down streets or roads, paving streets, building sewers and build- ing wells, or digging trenches for water-pipes, by persons under contract with the Corporation, or for building vaults or placing building materials in the streets, or constructing drains, or any other work for forming an obstruction to the said street, by virtue of permission duly obtained, to see that the requirements of this chapter, in regard to erecting the necessary fences and placing the necessary lights, be complied with, and to make the necessary complaint to the Corporation Attorney for any omission on the part of the 25 person referred to, under the penalty of fifty dollars for every neglect. Sec. 9. A like fence or railing shall be put up and up- streeto^iig held in all cases in which a road or street is dug out at the poratIon * cost of the Common Council. AN ORDINANCE Relative to Sales in the Public Streets, Desig- nation of Places where Coods, Wares, and other Merchandise may be sold at Public Auction, and Rules and Regulations go- verning the same. (Chapter 27, page 306, etc.— Revised Ordinances, 1866.) ARTICLE L Sec. 1. The following places are hereby designated as piacesfor the places at which articles of furniture may be exposed furmture - for sale and sold, that is to say : i 1. At Peck slip, between Pearl street and Front street. 2. At Burling slip, between Pearl street and Front street. 3. At Old slip, between Water street and Front street. 4. In Broad street, between Front street and South street 5. In Vesey street, between Church street and Washing- ton street 26 6. In the square in front of Greenwich Market, on a line with Christopher street, west of Greenwich avenue. Sec. 2. No goods, wares, merchandise, or other thing whaetver, shall be sold at public auction, or exposed for sale in any street, road, lane, highway, or public place in the city of New York, except between the hours of nine o'clock in the morning and two o'clock in the afternoon of each day, under the penalty of ten dollars for every such offense, to be sued for and recovered from the seller, auc- tioneer, or his agent, severally and respectively. ARTICLE II permission Sec. 3. No auctioneer, or his agent or servant, or any to be gotten ° J of Jr^m- 8 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 city of New York, unless such person shall first obtain the con- sent or permission, in writing, of the occupant of the lot or building before which such articles or any part thereof shall be placed or exposed for sale, under the penalty of ten dollars for every such offense, to be sued for and re- covered from the seller, auctioneer, or his agent, severally and respectively. Extent to Sec. 4. Such articles, after permission granted as re- beoccu™^ quired in the third section of this chapter, when placed or pied. , exposed for sale, shall not occupy more than one-third part 27 in width of the carriage-way in any street, under the pen- alty of ten dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent, severally and respectively. Sec. 6. No person shall sell, or expose for sale, at auc- a.s to sales x L of carriage* i i o and animals tion. any carriage or carnages, or anv animal or animals oi in the J streets. any description, in any public street or place in the city of New York, except in the Fourth avenue, at the corner of Eighty-sixth street, under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, owner or purchaser thereof, severally and respectively. Sec. 7. Every article exposed for sale at public auction. Thingssoid J y. -l ' m streets to or sold in any public place, street, lane, road, or highway Sfa™re- moved. in the city of New York, shall be removed from the same by the setting of the sun of the day of selling or exposing to sale, under the penalty of ten dollars for each offense, to be sued for and recovered from the auctioneer, his agent, or the purchaser thereof, severally and respectively. Sec. 8. No bellman or crier, nor any drum or life, or Advertise* ^ . sale. other instrument of music, nor any show-signal or means of attracting the attention of passengers other than a sign or flag, shall be employed or suffered, or permitted to be used, at or near any place of sale, or at or near any auction-room, or at or near the residence of any auctioneer, or at or near any auction whatsoever, under a penalty of ten dollars for each offense, to be sued for and recovered from the person using the same, and the auctioneer or his agent suffering or permitting the same, severally and respectively. 28 SSStoi*. Sec. 9. No auctioneer or other person shall sell, or ex- st?eets n pro- pose for sale, at public auction or vendue, any dry-goods, hardware, wooden ware, or tin ware, by retail or in small parcels or pieces, in any public street, lane, "highway, or public place in the city of New York (articles of household furniture at the places and as hereinbefore provided alone excepted), under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer, or his agent, severally and respectively. sales at Sec. 10. No auctioneer or his agent or servant shall sell, auction. o t or expose for sale, at public auction any goods, wares, mer- chandise, or other thing whatsoever, to any person or per- sons who, at the time of bidding for the same, or whilst ex- amining the same, shall be on the sidewalk or carriage-way of any of the streets of the city, under the penalty of ten dollars for every such offense. construe- Sec. 11. This chapter shall not be construed to prevent the sale of goods to persons who may be standing on the 1 carriage-ways of such streets or parts of streets, or places as are hereinbefore mentioned and designated. Seat ash ^ EC * ^° P erson sna ^ se ^> or expose for sale, any or food. mea t ? fish, or food of any description, in any of the streets or public squares in this city other than in the markets of said city, under the penalty of ten dollars for each offense, except as follows : Permission is hereby given to farmers and market gardeners to occupy daily, until 12 o'clock M., free of charge, the vacant space of the northern and south- 29 em extremities of the intersection of Broadway and Sixth avenue, between Thirty-second and Thirty-fifth streets, without infringing upon the streets which the said space intersects, for the purpose only of selling vegetables and market produce of their own farms or gardens, under the supervision and control of Sec. 14. No auctioneer, or his agent or servant, or any sales of ° J furniture 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 city of New York other than such as is here- inbefore designated or mentioned, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent or servant, severally and respectively. Sec. 15. No furniture, goods, wares, merchandise, or other Sales in Chatham article or thing whatever, shall be sold at auction or exposed S( i uare - for sale by any auctioneer, his agent or servant, or by any other person or persons, upon the sidewalk of Chatham square, between James street and Catharine street, in the city of New York, under the penalty of twenty dollars for every such offense, to be sued for and recovered from the seller, auctioneer, or his agent or servant, or any other per- son or persons offending, severally and respectively. Sec. 18. No auctioneer or other person shall sell, or i Did . expose for sale, at public auction or vendue, any dry goods, hardware, wooden ware, tin ware, earthern ware, china ware, glass ware, goods, wares, or merchandise of any de- 30 scription, or any other article whatever, by retail or in small parcels or pieces, in Chatham square, between James street and Catharine street, aforesaid, under the penalty of ten dollars for each offense, to be sued for and recovered from the seller, auctioneer, or his agent or servant, severally and respectively. certain f Sec. 19. No person shall sell or expose for sale, in any prohibited, of the streets or slips in the city of New York, any tin plate ware, earthen ware, china ware, glass ware, goods, wares, and merchandise of any description, or any other article, under the penalty of ten dollars for each offense. AN ORDINANCE Relating to Carts and Carmen, Dirt Carts, Public Porters, and Garbage Carts. (Chapter 37, page 360, etc. — Revised Ordinances, 1866.) i stands for. Sec. 10. The Mayor may assign to the owner of each cartmen. •/ jo duly licensed public cart a stand, where such cart may remain waiting to be employed, and also a stand where it may remain at other times, provided that no such stand shall be assigned for a cart to remain at such other times in front of the premises of any person other than the owner of such cart against the wishes of the occupant thereof, and provided, further, that carts shall not be permitted to so stand two abreast in any of the streets ; and every public cartman who shall permit his cart to stand loaded, or wait- 31 ing for employment, or to remain at other times at any place other than the one so assigned for such carts, shall be deemed guilty of a violation of this chapter. Sec. 11. The Mayor and the several officers and members carts in- J cumbering of the Police Department, and magistrates, shall have power e 8 ree 3 ' and authority to order the driver or other person having charge of any public cart or any other vehicle to remove such cart or other vehicle away from any place in any of the streets, or on any of the wharves or docks of said city, which, in his or their opinion, may be improperly incumbering such street or wharf, or obstructing or impeding the public travel ; and any and every person neglecting or refusing to comply with or obey any such order shall be deemed guilty of a violation of this chapter. Sec. 12. It shall be the duty of every person driving or Names to having charge of a public cart to give to any person re- demanded, questing it his name and place of residence, his number, and the number of the cart he is driving or in charge of, and the name and place of residence of the owner thereof; and the refusal to do so shall be deemed a violation of this chapter. Sec. 14. It shall not be lawful for any public cartman. Driving carta on or for any person driving or having charge of any public sidewalk8 cart, or any other cart, wagon, or other vehicle, to drive or back any such public cart or any other vehicle, on to the sidewalks of any of the streets of said city, or to stop any such cart, or any other vehicle, on any of the crosswalks or 32 intersections of streets so as to obstruct or hinder the travel along such crosswalks or intersection of streets, or to place any such cart or other vehicles crosswise of any street or wharf of said city, except to load thereon, or unload there- from, articles of greater weight each than two hundred pounds ; but in no case shall it be lawful for any person to permit such cart or other vehicle to remain so crosswise of any street for a longer period than may be actually ne- cessary for such purpose, and not to exceed five minutes. Sec. 20. The prices or rates to be taken or charged for the loading, transportation, and unloading of goods, wares, or other articles, shall be as follows, to wit ; Oils, molasses, and all wet casks containing less than 25 gallons, for every load Of 25 gallons and under 50 gallons, for every four. . Of 50 gallons and under 100 gallons, for every two. . For 100 gallons and upward, for every one hundred gallons All gaugeable goods, £ of a cent per gallon. Sugars, tobacco, copperas, and all dry casks, of under 1,000 pounds weight, for every load $0 75 Of 1,000 pounds and under 1,500 pounds each 86 Of 1,500 pounds and under 2,000 pounds each 93 Of 2,000 pounds and upward, for every 100 pounds ; and other ponderous articles of 1,000 pounds weight and upward at the same rate 11 Hay, loose, per load 1 68 Bricks, when handled and piled, per load 78 33 Hoop-poles, loose, per load $0 93 Timber and lumber, per load 71 Hemp, loose, for every 1,200 pounds 93 Beef and pork, for every 5 barrels 75 Calves, sheep, and lambs, per load 71 Coal, per ton 93 Coal, per half-chaldron 78 Cotton, for every 3 bales 75 Earthenware, loose, per load 78 Oil floor-cloths, in boxes or rolls of less than 10 feet in length, per load 68 Of ten feet and less than 15 ft. in length, each 68 Of 15 feet and less than 20 ft. in length, each 93 Of 20 feet and less than 24 ft. in length, each 1 16 Of 24 feet and upward, as may be agreed on. Plaster of Paris, loose, per ton 1 16 Salt, for every 20 bushels 68 Cut stone, per load 71 Slates or tiles, per load 71 Household furniture, loose, per load 93 For loading and unloading and housing furniture in the removal of families, extra per load 93 Bedding (tied up), chests, trunks, and boxes, per load 75 Cassia, in mats, per hundred mats 50 Anchors, of 300 pounds weight, per load 75 Anchors of 300 pounds weight and upward, per 100 pounds 18 Chain cables of under 1,000 pounds weight, per load 78 34 Of 1,000 pounds weight and upward, per 100 pounds 11 And for every load of goods, wares, and merchan- All goods shipped in bond, double cartage. Sec. 21. It shall not be lawful for any public cartman to neglect or refuse to carry and transport a good and suffi- cient load, as much as can be conveniently and safely stowed on his cart, or is reasonable for one horse to draw, nor any article of less than two thousand pounds weight, when re- quired so to do, unless he be then actually otherwise em- ployed ; and every public cartman and public porter shall be entitled to be paid the legal rate or compensation al- lowed and provided in this chapter immediately upon the carting or transportation of any article or thing ; and it may be lawful for any such public cartman or public por- ter to retain any article or thing so carted or transported by him for which he is not so paid his cartage, and to con- vey the same to the office of the Superintendent of Police ; and he shall be entitled to the lawful rate of pay or com- pensation for the so conveying. All disputes or disagree- ments as to distances or rates of compensation between public cartmen or public porters and persons employing them, or owing for cartage or transportation, shall be de- termined by the Mayor. Iron hollow ware, per load Iron and steel, per load . . Fish, dry, per load 78 86 93 dise, or other things not enumerated 75 carting Sec. 22. It shall not be lawful for any public cartman, 35 or any other person, to cart or transport through any of the J^g^ streets of said city any planks, poles, spars,, timber, or other length, thing exceeding thirty feet in length, except on a suitable truck or other vehicle; and such plank or other thing shall be placed lengthwise thereon so as not to project at either end beyond the line of the side or width of such truck or other vehicle ; and all persons so carting or transporting any such poles, planks, timber, spars, or other things, in any other manner, shall be deemed guilty of a violation of this chapter. Sec. 23. It shall not be lawful for the driver or other cartmento attend their person having charge of any public cart,* dirt-cart, or any cart8, other vehicle, to be off or away from any such cart, or any other vehicle, while the same is moving or passing alngo any of the streets or avenues of said city ; nor shall it be lawful for any public cartman, while waiting for employ- ment at any place assigned for his cart to stand waiting for employment, or at any other place, to snap or flourish his whip, or to be away from his cart, unless from necessity or on business, or to sit or stand about the door-steps or plat- forms, or in front of any house, store, or other building, to the annoyance of the occupants thereof. carts in front of cartmen's premises. Sec. 27. Every cartman who shall be duly licensed in the Standing of city of New York shall be permitted to place and leave his cart, when unemployed, in front of the house or premises where he shall at the time reside, or in front of the stable where he shall at the time stable his horse ; provided that euch cart shall be placed on the street upon the carriage-way 36 thereof in close proximity to the curb-stone next to his said residence or stable, and shall not extend beyond said curb- stone any greater distance than the width of such cart, nor be- yond the line of the lot on which his said residence or stable is situated, and provided that such place of residence or stable shall be specified upon the license for such cart. standing of Sec. 28. Nothing in the last section contained shall be carts in o cartmen's construed to apply to any vehicle other than public carts in premises. x x t/ «/ x the city of New York. AKTICLE II. Of Dirt-Carts. permission Sec. 35. It shall not be lawful for the owner or driver of to remove obtained, any dirt-cart or any other vehicle, or for any other person to use or employ, or permit to be used or employed, any such dirt-cart or any other vehicle for the conveyance or re- moval of any dirt, sand, gravel, stones, or other thjng, from any of the streets or avenues or highways, or from any lot of land or other place, or to dump, deposit, or leave any dirt, sand, gravel, rubbish, or other thing, in any of the streets or highways, or on any dock or wharf or on any lot or lots of land within said city, without being duly au- thorized or permitted so to do by the public officers or other person competent to give such authority or permission. penalties. Sec. 48. All persons who shall violate or fail to comply with any of the provisions of this chapter shall be deemed 37 guilty of a misdemeanor, and on conviction thereof shall be punished pursuant to the provisions of sections 20 and 21 of an act relative to the powers of the Common Council of the city of New York, and the criminal court of said city, passed by the Legislature of the state of New York, Janu- ary 23, 1833 ; or in lieu thereof shall forfeit and pay, for the use of said city, ten dollars for each and every offense, except where a penalty is prescribed in said chapter. ORDINANCE Relating to Hackney-Coaches and Cabs. (Chapter 40, page 402. — Revised Ordinances, 1866.) Places designated by the Mayor and Commonalty at which Hackney-coaches and cabs may stand for hire. Sec. 38. Hackney-coaches and carriages may stand wait- stands for ing for employment at all times, Sundays excepted, at the stands herein named, that is to say : 1. On the northerly side of Chatham street, along the Park. 2. In Broadway, around the Bowling Green. 3. In Barclay street, west of Washington street 4. In Pearl street, at Hanover square. 5. In Maiden lane, southeast of Water street. 6. In Murray street, between Washington street and West street. 7. In Hudson street, along St. John's Park. 38 8. In Beekman street, southeast of Water street. 9. In Hudson street, near the Little park. 10. In Heade street, west of Washington street. 11. In Canal street, west of Washington street. 12. In Chatham square. 13. In Grand street, southeast of Mangin street 14. In Catharine street, southeast of Cherry street, after market hours. 15. On the northerly side of Canal street, east of Broad- way. SPECIAL OKDINANCES AND RESOLUTIONS Relating to Hackney-Coaches and Cabs wait- ing for Hire, to be driven in Central Park. (Chapter 40, Article 8, page 407. — Revised Ordinances, 1866.) Sec. 55. The several ordinances heretofore passed regu- lating cabs as distinct and separate from hackney-coaches shall be, and the same are, by effect hereof, at that time re- pealed. And all cabs shall hereafter be regulated, num- bered, licensed, and in all respects governed by the chapter relative to hackney-coaches ; provided, however, that the fee for license of a cab drawn by one horse only shall be no more than three dollars. Resolved, That hereafter all hackney-coaches waiting for hire, to be driven in the Central Park, may stand at all times, Sundays included, at the following places, viz., in <**•« Fifty-ninth street, from Fifth to Seventh avenue ; in Sev- enty-second street, between Eighth and Nintn avenues ; west side of Fifth avenue, between Seventy-first and Sev- enty-second streets, and in One Hundred and Tenth street, between Fifth and Eighth avenues ; and be it further Resolved, That the rates of fare to be charged for the use of such coaches shall be as follows: All around the Park, with the privilege of keeping a coach two hours, four dob lars ; principal parts of the Park, three dollars ; to casino and lake and return, two dollars ; when engaged by the hour, two dollars per hour ; when for three or more hours, each one dollar and fifty cents per hour ; and be it further Resolved, That drivers* of coaches hired to diive in the said park are hereby required to wear a badge, to be dis- played on the left breast, in the shape of a shield, not to exceed two inches in diameter, and to have the number of his coach thereon, and to be ,worn continually when such coaches are waiting for hire. NUISANCES. Sec. 15. No person or persons shall throw, cast, or lay -Jgoj}^ any ashes, offal, vegetables, garbage, dross, cinders, shells, 8treet " straw, shavings, dirt, filth, or rubbish of any kind what- ever in any street, lane, alley, or public place in the City of New York— R. 0. 1866, p. 429, chap. 45. 40 fistfdeafe^i Seo. 18. It is hereby declared to be the duty of the pro- prietor or possessor of any foundries, forges, blacksmith shops, oyster stands, and other places for the sale of oysters, or other shell fish, to employ carts, at their own expense, for the purpose of removing the several articles enumerated in the fifteenth section of this chapter, which may accumu- late on their respective premises. — Ibid. fubbfsh! Sec. 19. The owner or builder of any house or other building which may be erecting or repairing in the City of New York, shall cause all the rubbish of every kind oc- casioned thereby, which may accumulate in the street, or be cast into the street, and all the ground, stone, sand, and clay which may be dug from the cellar, or yard, or area, or vault, and cast into the street, to be removed out of the said street before sunset on each day, under the penalty of five dollars for each day's neglect, to be recovered from the owner or builder severally and respectively. — Ibid. sifting . Sec. 22. No person shall sift or screen any lime, ashes, ashes, etc., J- J 1 shakin r g\ et dirt, or sand, or shake any carpet, cloth, or mat in any street in the City of New York, or shall employ or suffer, or permit any person so to do, under the penalty of five dollars for every such offense. — Ibid. cinders and Sec. 24. No cinders or coal ashes of any description coal ashes. ° x shall be laid or cast into any street, lane, or alley in this City, but shall be delivered to the ash carts provided for the purpose of receiving the same, under the penalty of three dollars for each offense, to be paid by the occupant or « occupants of the house or premises from which the same shall be cast or the persons casting the same severally and respectively. — Ibid. Sec. 25. All ashes or cinders shall be kept. for the pur- andersand pose of delivering the same to the ash carts in vessels of tin, iron, or other metal, under the penalty of one dollar for each offense. — Ibid., p. 432. Sec. 33. No person shall erect any booth, or establish, sbeii Ash. or fix any stand in any of the streets or public grounds in the City of New York for the purpose of opening or expos- ing for sale, or selling any oysters or other shell fish, under the penalty of five dollars for each offense. — Ibid, p. 433. Sec. 34. No person shall erect any booth or establish Booths aDd *■ J stands in any stand in the streets or public grounds in the City of the street3 - New York, for the purpose of exposing for sale, or selling any kind of* provisions, or any goods of any description whatever, under the. penalty of five dollars for each offense. — Ibid., p. 433. Sec. 35. No cart, wagon or other vehicle in or upon swiii carts, which there shall be any box, hogshead, barrel, cask, or other vessel used or intended to be used for the purpose of containing or conveying the article commonly called swill, shall, when not in actual use, incumber or stand in any of the streets, lanes or alleys in the City of New York, under any pretense whatever, under the penalty of five dollars for each offense ; to be recovered from the owner or 42 person having charge of any such cart, wagon or other vehicle, severally and respectively. — Ibid., p. 434. §S£ce. of Sec. 47. No person shall expose in any of the streets, lanes, avenues, or public places in the City of New York any table, or device of any kind whatever, upon or by which a game of chance or hazard can be played, or shall play at or upon any such table or device, under the pen- alty of twenty-five dollars for every such offense. — Ibid., p. 436. quacks, etc. nottcSf of Sec. 51. No person shall place, or post, or cause, or permit to be placed or posted in any street in the City of New York any handbill or advertisement giving notice of any person having or professing to have skill in the treatment or curing of any disorder, or disease, or giving notice of the sale or exposure to sale of any nostrum or medicine, under the penalty of twenty -five dollars for every such offense. — Ibid., p. 436. 43 ARTICLE in. Of the Bureau of the Corporation Attorney. Seo. 20. This Bureau, the chief officer of which shall be corporation attorney's called the Corporation Attorney, is charged with the prose- bureau - cution of all actions for violations of the ordinances of the Common Council, or arising under the Charter of the City, or under the laws of this State, where a penalty is given to the Corporation, or to the Overseers of the Poor, or to the Almshouse, and with the conducting of all the proceed- ings before justices or upon appeal in relation to bastardy cases, and the prosecution of bastardy and abandonment bonds. — R. O. 1866, p. 141. Sec. 22. He shall institute an action in any of the cases corporation J attorney mentioned in section 20 of this chapter, when instructed power8 ' to do so by the Common Council, or the chief officer of any department or bureau, or upon the complaint of any other person, when, in his judgment, the public interest requires that the same shall be prosecuted — R. O. 1866, p. 141. Sec. 23. He may compromise with the party complained of either before or after an action shall have been brought for any violation of an ordinance of the Common Council, where the penalty does not exceed twenty-five dollars, and where, in his judgment, the public interest does not require that an action should be prosecuted therefor — R 0. 1866, p. 142. 44 CHAPTEK 724. AN ACT to define the powers of the Corporation At- torney of the City of New York in suits for fines and penalties. Passed April 26, 1871. The People of the State of New York, represented in Senate and Assembly, do enact as follows : atto p r ne a y tion Sec. 1. The Corporation Attorney of New York City shall exclusively recover and sue for penalties and fines, and in the name of the Mayor, Aldermen, and Common- alty of said City, on account of any omission or neglect of any person to perform any act for which, by law or ordin- ance, a permission may be obtained by such party from an Alderman or Assistant Alderman, or any head of an Ex- ecutive Department of the Corporation of the City of New York ; and the Corporation Attorney, after deducting from the amount of the recovery his proper costs and charges, shall pay the same to the credit of the sinking fund, but in no case hereafter shall there be charged any greater fee than fifty dollars for the obtaining any license from any head of Executive Department of the City of New York, rendered obligatory by any law or ordinance. 45 Powers of Street Commissioner, Commission- ers of Public Works and Powers and Duties of Superintendent and Inspectors of Incum- brances. The Common Council of the City of New York, by ordi- mi. nance at different times since October 5th, 1831, vested in the Street Commissioner jurisdiction over the subject- matter of street obstructions and incumbrances, and also gave him power to carry into effect and enforce certain or- dinances relative to obstructions and incumbrances on streets and sidewalks. Street Commissioners Department created and Street Com- 0c t. 5, i83i. missioner authorized to remove timber or other things with StoS 11 c Depart- which any of the streets or wharves may be encumbered, created, and to prevent encroachments on streets or roads, etc. An Act relative to the Ordinances of the Common jCouncil of the City of New York. Passed April 6, 1837. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Sec. 1. All ordinances heretofore passed by the Common Council of the City of New York and now in force, and all ordinances hereafter to be passed by the said Common Council, shall remain and continue in force until the same shall be repealed. 1887. Ordinance. • 46 1838, 1839. Mayor, Street Commissioner, and members of the Com- Persons J 7 to p h arm Z it d mon Council, were authorized to permit and remove ob- and remove tio S ns uc " structions on streets, wharves and piers. — R 0. 1838 and 1839, p. 192. rota 1845 Same powers were vested with same persons. — R. O. 1845, pp. 288 and 289.. 1849. By legislative action all executive power was taken from Executive J ° * ?aken from the Common Council. Charter 1849. Common Council. 1859. The Mayor and Street Commissioner were authorized to Mayor and m?ssio\?e°r m ~ permit obstructions on streets, wharves and piers. — R 0. to permit obBtruo- 1859, p. 279. 1859. The Street Commissioner was directed to remove any Street Com- J to remove article or thing whatsoever which might encumber or ob- obstruc- Street Com- missioner struct a street, avenue, wharf or pier in the City of New York. — R O. 1859, p. 85. The Street Commissioner was directed to report obstruc- ^epor e t r tions to Corporation Counsel or Attornev for Prosecution. — obstruc- + Stion R. 0. 1859, p. 83. attorney. Note.— This Ordinance was in force in 1866— R 0. 1866, Section 21, p. 98 — and still remains in force. The Major and Street Commissioner were authorized to permit obstructions on streets, wharves and piers. — R O. 1866, p. 272. Mayor and Street Com- missioner to permit obstruc- tions. The Mayor was especially vested with the power (here- tofore exercised by the Mayor ) Aldermen and Commonalty, or 47 by the Street Commissioner) to issue permits for show stands, ^ show cases, signs, stairways, hoistways and deliveries, and to toSmlf show remove all privileges, stands, signs, stairways or hoistways s n a n ^ s c ' a9es which may have been erected without permit under the ways,'ho£t J *■ ways and provision of that ordinance. — R 0. 1866, sec. 1, 3, pp. eivenes - 283, 284. Privileges and permits heretofore granted by Mayor, wee. Aldermen and Street Commissioner, rescinded.— R 0. 1866, v*i tne Legislature passed April 26, 1870, the works. powers and duties of the Street Commtssioner was conferred upon and vested in the Commissioner of Public Works. (Session Laws, 1870, Chapter 137, Article 8, Ssction 77). Bureau of Incum- brances created. Bureau of Incumbrances created in the De- partment of Public Works, April 18, 1871. Bureau of Incumbrances. This bureau was created by an act of the Legislature of the State of New York, passed April 18, 1871, as a bu- reau in the Department of Public Works, as follows : " Section 79 of the act passed April 26, 1870 (entitled An Act to reorganize the local Government of the City of New York) is hereby amended by adding thereto the following subdivision : " Powers. A Bureau for the removal of Incumbrances on the streets or sidewalks, the chief officer of vjhich shall be called the Super- intendent of Incumbrances, to whom all complaints relating to the removal of incumbranaces shall be made, and by whom such incumbrances shall be removed. Powers and Powers and Duties of the Superintendent of Incumbrances. duties of Prepare blanks. 1. To prepare all necessary printed blanks, blank books, notices, orders, permits, and other papers. 51 2. Issue orders and regulations for the proper transaction issue . 11 orders, &c of the business of the Bureau. 3. Keceive complaints from Inspectors and other persons, Receive: x x x complaints relating to obstructions and incumbrances of streets rec d ofds. p or sidewalks, keep such records or books of the operations of such bureau as may be required by the Commissioner of Public Works, or by law and ordinance, and receive application to cut down trees. 4. Issue orders for the removal of unlawful obstructions Remove ob- structions and incumbrances on streets and sidewalks to Cor- permit". 6 poration Yard, or other suitable place ; issue per- mits for awnings, and permits for building and other temparary obstructions of streets, and notify owners and others to repair sidewalks, curb and gutter- stones according to law and ordinance. 5. He shall report to the Commissioner of Public Works Report im- proper acts. any unlawful or improper acts of any person or per- sons attached to the bureau. 6. He shall keep true and accurate accounts of all mat- Keep accounts. ters appertaining to his bureau, and when required make a full and detailed statement of all matters re- garding the same. 7. He shall exercise a constant inspection and supervision Exercise inspection of the condition of the streets, avenues, and side- v°s < io s n. per " walks, and shall from time to time suggest and re- 52 port to the Commissioner of Public Works such changes of the Inspectors, improvement or alteration of the rules and regulations relating to the working of the bureau as he may deem necessary and proper. Under di- rection of Commis- sioner. 8. He shall (as well as all inspectors) in all matters con- nected with the bureau be under the control, di- rection and supervision of the Commissioner of Pub- lic Works. Enforce laws and report vio- lations to Mayor and Corporation Attorney. 9. The superintendent is especially charged with the duty of attending to the enforcement of all laws of this State, and ordinances and resolutions of the Common Council relating to incumbrances and obstructions on streets and sidewalks in the city of New York, and is required from time to time to report to the Mayor and Corporation Attorney violations thereof, by any individual, company or corporation. Keep account of expendi- tures. Superin- tend repair- ing side- walks. &c. 10. He shall cause to be kept in his bureau accounts of the time of all persons to be paid by wages for work done under the supervision of his bureau and of the work upon which they are engaged, and of all the other expenditures of his bureau and of the ex- pense of each particular work or job, with the items thereof and superintend the repairing of sidewalks, curb and gutter stones, where failure is made after due and legal notice is given. 11. The superintendant is authorized to release to the 53 owner articles taken to the Corporation yard upon satisfactory proof of ownership and upon payment of expenses of removal, &c, and the amount so received to be paid over to the city chamberlain, and to return vouchers therefor. 12. The superintendant shall superintend all sales made superin- tend sales of goods wares or merchandise removed by him to uon Ya?d?" the Corporation Yard or other place and make re- turns and report as required by ordinance. 13. The superintendant shall advertise and sell at public £jJjjg} M auction all articles removed to Corporation yard, at such time or times as required by Corporation ordinance, and the proceeds of such sales to be paid to the comptroller. 14. And to generally perform all such other or further General ° J 1 duties. • duty or duties as he may be directed to do or per- form by the Commissioner of Public Works or by law and ordinance. Inspectors of Obstructions and Incumbrances on Streets inspectors, and Sidewalks. Their Powers and Duties. 1. The inspectors are authorized and required to report to report obstruc- ts the superintendant any article or thing whatsoever tions - which may incumber or obstruct any street, sidewalk, avenue or place in the city of New York. 2. They are empowered to remove or cause to be re- To remove on order. moved all obstructions and incumbrances on streets 54 and sidewalks upon orders signed by the super- intendent. Berve notices, &c. 3. They are directed and required to serve all notices and orders, and make daily reports of their operations and perform such other duties and at such other time or times as may be required by the superintendent. Keep me- moranda. 4. They are required to enter into a book (to be kept for purpose) a memoranda of all violations of law or ordinance reported by them, the notices or orders served by them, the time of service, upon whom, and, if obstructions removed, the cart number, the place or premises removed to, the expenses of removal, and generally a statement of all acts done or per- formed by him or them. Report side-walks, &c, need- ing repairs. 5. Inspectors are also required to report to this office, all sidewalks, curb and gutter stones out of order and needing repairs. Persons Authorized to Issue Temporary Per- mits to Obstruct Streets and Sidewalks. Permits to be Issued by the Mayor, authorized bo the Common Council, February, 1866. casel llow -^ or snow cases, stands for the sale of newspapers, fruit, stands, &c. k 00 k s ^ or tb er merchandise, article, or thing whatsoever, / 55 for puiting out signs, or for the receipt or delivery of goods across the sidewalks, or for the erection of stair- ways or hoist- ways over the sidewalk within stoop line. Note. — The permits now issued by the Mayor for show cases, stands for the sale of newspapers, fruit, books or other merchandise are only intended to allow the stands to be placed in front of the house or building, and within the stoop line. Any Incumbrance or obstruction of the sidewalk outside of the stoop line should be reported. The permits issued for the receipt or delivery of goods across the side- walk are only intended to allow the use of such sidewalks during the time necessarily required, and no longer, and not, in any case, to exceed five minutes. Permits to be Issued by the Commissioner of Public Works, Authorized by the Common Council Balustrades projecting beyond the street line, Iron or Baius- wooden post, or awning post, or railing. p08t8. Building or other permits to temporarily encumber the Building street. ESSE?* Permits to be Issued by the Superintendent of Buildings- Act of the Legislature, passed April 20, 1871, Chapter 625, Section 23. Frame or wooden buildings, shed, extension stair-way, wooden & ' ; J ' buildings, stoop, balcony, piazza, platform, bay or oriel window, or 8hed8 ' &c - signs over two feet in height. 56 Permitted Obstructions on the Streets and Sidewalks which need not to be reported. Permitted Hydrants, ornamental or other lamp-post, telegraph post, awning posts, horse- troughs, licensed carts and ex- press wagons standing in front of owner's residence, bay- windows, (cases, stands, etc., inside of stoop lines) lawfully erected or permitted. SYNOPSIS OF OBSTRUCTIONS AND INCUMBRANCES ON STREETS AND SIDEWALKS. (Commissioner of Public Works.) Commissioner of Public Works to report encroachments to Corporation Attorney, sec. 14 p. 47. Commissioner of Public Works may grant permits, sec. 16, p. 47. Commissioner of Public Works may direct removals of obstructions and incumbrances, sec. 21, p. 47. Commissioner of Public Works may appoint inspectors to report obstructions, etc., sec. 22, p. 48. 57 Articles removed may be redeemed, sec. 25. p. 48. Commissioner of Public Works to keep book of list of articles removed, expenses, etc., sec. 26, p. 48. Advertise and sell articles removed, sec. 27, p. 49. Excess of sale to be paid to owner, etc., sec. 28, p. 49. Obstructions on Streets. Carts, trucks, carriages or other wheel vehicles, building materials, stone, brick, lumber, lathes, cement, sand, mor- tar, lime, rubbish, manure, ashes, oyster shells, stands, and every oilier thing ivhich may incumber and obstruct a street, sec. 23, p, 9. Obstructions of Sidewalks. Ash barrels, boxes, booths, bales, barrels, bags, crates, shells, shutters, paper, meat, fruit, fish, OR ANY KIND OF stands, or standing signs, skids across or lying on side- walks, show-boards, dry goods or merchandise, or property of any kind, which mav incumber or obstruct the side- walk, sees. 27, 28, 34, 15, pp. 10, 12, 39. Cask, bale, bundle, box, crate or other goods, boards, planks and raised outside buildings, sec. 33, p. 11. Leading, driving or riding horse, dragging any wheel or 58 hand-barrow, sawing any wood, laying or placing any wood or coal, or any goods, wares, etc., on sidewalk, sec. 34, p. 12. Horse, cart or carriage, driving hack or leading on side- walk, sec. 35, p. 12. Carts or carriages permitted to go upon sidewalk to load and unload goods, sec. 36, p. 12. Paving; and Repaying, etc., of Streets. Persons paving streets, etc., to remove dirt within twelve days, sec. 5, p. 18. Persons paving over pipes to remove dirt within six days, sec. 5, p. 18. Persons neglecting to remove liable to fine, sec. 6, p. 18. Persons scattering dirt, rubbish, etc., in street liable to fine, sec. 7, p. 19. Barriers to Prevent Accidents. Every person digging down street to erect fence or rail- ing and keep light burning during the night, sec. 1 and 2, p. 22. Erect fence to prevent danger, sec. 3, p. 23. 69 Passage way to be left across street, sec. 3, p. 23. Across carriage way at each end, sec. 3, p. 23. When erecting " a well " to enclose the same, sec. 3, p. 24. Building vaults, enclose the ground taken, sec. 3, p. 24 Building materials to be fenced around and lights to be kept burning, sec. 3, p. 23. Duty of Inspectors to report violations, sec. 6, p. 24. Fences and railing to be put up when work done by Common Council, sec. 9, p. 25. Flagging and Repairing Sidewalks, etc. No sidewalk to be taken up without permission of Com- missioner of Public Works, sec. 7, p. 19. Owner and occupants of houses to keep sidewalk, curb and gutter in good repair, sec. 14, p. 19. Default of owners, etc., to repair, to be done by Com- missioner of Public Works upon notice, sec. 15 and 16, p. 20. Expense to be paid out of fund for appropriation for sidewalks, sec. 17, p. 21. Penalty and costs to be recovered from owner, sec. 18, p. 21. 60 Sidewalk, Curb, and Cutter Stones. No sidewalk to be taken up without permission, sec. 7, p. 19. No flagging to be removed without permission, sec. 7, p. 19. Owners, lessees, or occupants to flag sidewalks, curb, and gutter stones, sec. 14, p. 19. Owners, lessees and occupants to keep in repair, sec. 14, pp. 19, 20. Complaints against defective sidewalks to be made to Commissioner of Public Works, sec. 15, p. 20. Commissioner of Public Worke to serve notice to re- pair, sec. 15, p. 20. Ten days' notice to be given, sec. 15, p. 20. Owner, lessee or occupant neglecting to repair to be done by Commissioner of Public Works, sec. 16, p. 20. Without contract of less than $1,000, sec. 16, p. 20. Amount to be paid out of appropriation for sidewalks, sec. 17, p. 21. Commissioner of Public Works to report facts .to Cor- poration Attorney, sec. 18, p. 21. Corporation to commence suit for costs and penalty, sec. 18, p. 21. Corporation Attorney to return moneys recovered to Comptroller, sec. 19, p. 21. 61 Auctioneers, etc. Auction sales in certain streets authorized, sees. 1, 2, pp. 25, 26. No sales between 9 A. K and 2 p. m., sec. 2, p. 26. Auctioneer to obtain consent, sec. 3, p. 26. Carriages and animals not to be sold in streets, sec. 6, p. 27. Articles sold to be removed during the day, sec. 7, p. 27. Flags permitted to attract attention, sec. 8, p. 27. Auctioneer not to sell any dry goods, hardware, wooden- ware, or tinware by retail in streets, sec. 9, p. 28. Auctioneer not to sell, or expose for sale, at public auction, any goods, wares, or merchandise, or other property, to person or persons, who at the time of bidding or examining the same shall be on the sidewalk or street, sec. 10, p. 28. Exceptions. See sec. 11, p. 28. No meat, fish, or food to be sold in public streets. See sec. 12, p. 28. Farmers selling produce excepted. See sec. 12, p. 28. Furniture, goods, wares, and merchandise not to be sold . 62 on sidewalk in Chatham square, between James and Cathe- rine streets. See sees. 15 and 18, p. 29. No tin, earthern, china, or glassware, or goods, wares, or merchandise of any kind allowed to be sold in any street, sec. 19, p. 30. Cartman. Mayor may assign stand to cartman (night and day), sec. 10, p. 30. Officer authorized to remove, sec. 11, p. 31. Cartman to give his number upon demand, sec. 12, p. 31. Cartman not allowed to drive or back on side or cross- walk, nor place cart crosswise of street except. See sec. 14, p. 31. Rates or fees allowed cartmen, sec. 20, p. 32. Cartman not allowed to refuse to cart goods. See sec.21, p. 34. Cartman not allowed to cart plank, poles, etc. See sec. 22, p. 34. Cartman not allowed to be away from his cart. See sec. 23, p. 35. 63 Cartman and expressman allowed to leave cart in front of premises. See sec. 27, p. 35. No other vehicle allowed. See sec. 28, p. 36. No dirt cart or other vehicle allowed to dump, deposit, or leave dirt, gravel, sand, etc., on any street without law- ful permit, etc. See sec. 35, p. 36. Penalties, sec. 48, p. 36. Carriages, Hackney-Coaches, Cabs, etc. Hackney-coaches allowed waiting stand, sec. 38, p. 37. Cabs under same rules and regulations. See sec. 55, p. 38. Carriages around Central Park. See sec. 55 (Resolu- tions), pp. 38, 39, 5 64 Nuisances. No person to throw garbage, ashes, shells, etc., in streets, alleys, etc., sec. 15, p. 39. Proprietors of foundries, oyster stands, etc., to employ carts to remove , sec. 18, p. 40. Rubbish carted into street to be removed before sunset, sec. 19, p. 40. No person shall sift lime, ashes, etc., in street, sec. 22, p. 40. Coal ashes, cinders, etc., not be laid or carted into street, sec. 24, p. 40. Ashes or cinders to be kept in tin, iron, or metal vessels, sec. 25, p. 41. Stands and booths for sale of oyster or shell fish on streets not allowed, sec. 33, p. 41. Stands or booths for exposing for sale provisions or goods of any description whatever, not allowed, sec. 34, p. 41. Swill cart not allowed to stand in street, sec. 35, p. 41. Table or device of no kind for game of chance allowed on street, sec. 47, pi 42. Handbill or advertisement (quack medicine) not allowed to be posted, sec. 51. p. 42. 65 Awnings. The Commissioner of Public Works is authorized to permit the erection of telegraph posts, awning posts, or other posts in the streets or sidewalks in the City of New York. — R. O. 1866, pp. 274, 275, sections 13, 14. Awning Posts (Wooden) — Allowed to be erected. Posts not to exceed 9 inches in diameter. Cross-rail not to exceed 7 inches in width or height. Cross-rail not to exceed 4 inches in thickness. Posts to be placed to and along inside of the curb stone. Rail on upper side not to be less than 8 nor more than 10 feet in height above the sidewalk. Cross-rail to be strongly mortised through the upright posts. * R. 0. 1866, p. 275, section 15. Commissioner of Public Works is required to order and direct all awnings not erected according to law to be removed. And in case of non-compliance, the party refus- ing is liable to a penalty. — R. O. 1866, p. 275, section 16. Awning Posts (Iron) — In streets exceeding forty feet in width, from which any awning shall be removed, iron posts (and none others) for awnings are to be erected, according to a model in the office of the Commissioner of Public Works. Iron Posts. — Eight inches within the outer side of curb stone, and to be securely braced from building with wrought-iron rails or rods, at least one inch in diamater. Cross-Rail. — Nine feet (and no more) from the curb stone to top of rail. — R. 0. 1866, pp. 275-276, sections 17, 18. 66 Iron Brackets. — In streets (not exceeding forty feet in width) iron brackets can be constructed. Iron Brackets, eight feet six inches (and no more) in height from curb stone to top of outer cross-rail, shail be firmly secured to the build- ing, and project on a line with the inner line of the curb stone. — R. 0. 1866, p. 276, section 19. Commissioner of Public Works is ordered to direct the removal of any iron awning posts or brackets erected con- trary to law. And in case of refusal, to direct proceedings to recover penalties. — R. O. 1866, p. 276, section 20. No portion or part of any cloth or canvas used as an awning shall hang loosely down from the same over the sidewalk. — R. 0. 1866, section 22, p. 277. I 67 MISCELLANEOUS. Awning hanging loosely contrary to law, sec. 22, p. 9. Balustrades, selling goods on, sec. 26, p. 10. Balustrades, erected contrary to law, sees. 10, li, 12, p. 6. Bay window, erected contrary to law, sec. 6, p. 5. Stoop or steps, erected contrary to law, sees. 3 and 8, p. 4,5. Posts, erected contrary to law, sec. 13, p. 6. Posts, awning; wooden, erected contrary to law, sees. 14, 15, 16, p. 6, 7. Posts awning, iron, erected contrary to law, sees. 17, 18, 19, 20, 21, p. 7, 8, 9. Porch over cellar door, erected contrary to law, sec. 7, p. 5. Step stones, erected contrary to law, sec. 23, p. 9. Railing, erected contrary to law, sec. 23, p. 9. Fence, erected contrary to law, sec. 23, p. 9. Signs, erected contrary to law, sees. 23, 28, p. 9, 10. Posts (sign), erected contrary to law, sec. 23, p. 9. Cellar-door, erected contrary to law, sec. 23, p. 9. 68 Platform, erected contrary to law, sec. 23, p. 9. Step, erected contrary to law, sec. 23, p. 9. Merchandise of any kind hanging over one foot from building, sec. 27, p. 10. Cartman injuring sidewalk, sec. 37, p. 12. Cartmen obstructing sidewalk, sec. 38, p. 13. Removing building across a street, sec. 40, p. 13. Dumping dirt or rubbish on street, sec. 42, p. 14. Failing to remove dirt after paving, sec. 5. p. 18. Manure, sand, mud, clay, or rubbish allowed to be scat- tered on street, sec. 7, p. 19. Dirt-cart depositing manure, etc., on street, sec. 35. p. 36. Cart (swill) not allowed to stand on street, sec. 35, p. 41. Sand, dirt, or rubbish remaining on street after being re- paired, sec. 5, p. 18. Excavations to be protected by railing fence and lights, sees. 1, 2, 3, and sub-division, 1, 2, 3, 4, 5, 7, p. 22, 23, 24. Digging down streets or roads, paving streets, building sewers, building wells, digging trenches for water-pipes, building material in the street, constructing drains, to place fence, railing, and lights, sees. 1, 2, 3, and subdivisions 1, 2, 3, 4, 5, 6, and sees. 6 and 9, p. 22, 23, 24. 69 GENERAL RULES. Violations of ordinances relative to auctioneers, cartmen, cabmen, hacks, paving, re-paving, and repairing of streets, are only to be reported when they are wilful, and the side- walks, cross-walks or streets are incumbered or obstructed thereby. Reports of this character will be referred by the superin- tendent to the proper bureau or authorities for action. Temporary obstructions referred to in section 36, page 12, are permitted by the Mayor, but when the sidewalks are used for an unreasonable time, and for a longer time than is allowed by law, the permit is of no effect, and the obstruction becomes unlawful, and the fine should be imposed, and the permit rescinded. Such obstructions, when found to exist, should be in- quired into, and the number of permit asked for and reported to this office. Property of every kind obstructing streets or sidewalk should be removed to the corporation yard, or other suita- ble place, as directed by the superintendent — Sec. 22, page 98, R 0. The prices to be taken or charged by cartmen for the loading, transportation, or unloading of goods, wares, or 70 other articles upon order from the superintendent of this bureau will be the same and no more than is now allowed by law and ordinance. Any unemployed public cartman refusing to load, transport, and unload such goods, wares, and articles as may be required by an inspector of this bureau, for the rates as by ordinance prescribed, will be liable to the fine and penalties imposed by law. Persons with hand barrows or velocipedes passing over sidewalks should keep near curb stone, and at all times make way for pedestrians. Persons wilfully refusing or neglecting to comply with the laws and ordinances relating to obstructions and in- cumbrances in streets and sidewalks should be immediate- ly prosecuted, according to law, in order to deter in future any and all persons from interfering with the free and un- interrupted use of any street, highway, or public place within the corporate limits of the City of New York. Approved, GEOKGE M. VAN NORT, Commissioner of the Department of Public Works. INDEX. INDEX. A ALDERMAN— pasb. to sign application to cut down trees 11 " permits for street stand, etc 15 ASHES— throwing in street 39 coal ashes, cinders, removal of. 40 AWNING — when permitted 6, 7, 8 cloth or canvas 6 hanging loosely over sidewalk 9 leader attached 9 AWNING-POST — regulation 6 permit to erect 6 size of awning-post *l height of *l iron awning-post T exceptions 1 Commissioner of Public Works to remove 7, 8 notice to remove 9, 10 how served 10 by whom 64 penalty for neglect 10 74 B BALUSTRADES— pagb. regulations —permits for 6 from second story 6 iron braces 6 to prevent accidents. 6 not to place goods for sale on 10 penalty 10 BARRIERS — persons digging down street 22 to erect fence, railing 22 to erect lights 22 penalty for neglect 22 law applies to all persons 23 extent of railing, fence, etc 23, 24 duties of officers 24 penalties 24 suits by Corporation Attorney 24 rail or fence when street is dug 25 BASEMENT STEPS— regulations 4 exceptions 4, 5 BLACKSMITH-SHOP — rubbish from 40 to employ carts to remove 40 BOOTHS, OR STANDS — not to be erected in any street 41 for selling oysters or other shell-fish 41 nor for selling or exposing for sale 41 provisions or goods of any description 41 penalty 41 BUILDING — removing across street, etc 13 south of Fourteenth street 13 penalty 13 75 o CAB PAGE. ordinance concerning 37, 38, 39 stands for cabs 37, 38, 39 fees at Central Park 39 drivers to wear badge. 39 CARPETS — not to be shaken in streets 40 penalty for violation 40 CARRIAGES — sales of (at auction in streets) 27 exception 27 penalty 27 on sidewalk 12 penalty 12 CART— on street 30 on sidewalk 12 loading and unloading 12 penalty 12 cart encumbering streets 31 driving carts on sidewalk 12, 31 penalty 12 rates of cartage 32 standing of cart on street 30 not to stand two abreast 30 nor against wish of occupant 30 Mayor and Police may order removal 31 obstructing crosswalk 13 penalty 13 removal of dirt 40 spilling dirt from cart 19 penalty 19 cartman injuring sidewalk 12 to repair same .' 12 penalty 13 76 CARTS, DIRT — page. regulations of 36,37 not to deposit or dump in street 36 without lawful permission 36 persons violating 36 CARTS, SWILL— not to stand in any street 41 penalty for violation 41 CARTMAN — may obtain permit 30 to remove on order 31 impeding public travel 31 penalty 31 give name, cart number, and residence 31 not to drive on sidewalk 31 not to obstruct street or sidewalk 32 charges of cartmen 32,33 not to obstruct crosswalk 32 time allowed to load and unload 32 standing crosswise of street 32 to carry load upon demand 34 retain article for cartage 34 Mayor to settle disputes 34 articles of 30 feet in length 35 cartmen to attend to their carts 35 not to flourish whip 35 not to sit or stand on steps, etc 35 carts in front of owner's premises 35 other carts or vehicles 36 CELLAR DOOR— provisions concerning 4 when to be removed 9 by whom removed 7, 8 notice to remove 9 by whom 54 penalty for neglect 10 77 CELLAR STEPS — pagb. provision concerning 4 railing on each side 4 gate with iron chain across 4 burning light over steps 4 penalty *. 4 exceptions 5 CELLAR PORCH — regulations concerning \ 5 CENTRAL PARK — hackney coaches in . 38 former ordinances repealed 38 coaches waiting for hire 38 stands for hackney coaches 39 rates of fare around Central Park 39 drivers to wear badges 39 CHATHAM SQUARE— auction sales on sidewalk 29 between James and Catherine streets 29 or in Chatham square 30 penalty 29,30 CINDERS — throwing in streets 39 to be delivered to ash carts •. 40 penalty for violation 40 COAL— on sidewalk 12 penalty 12 COMMISSIONER OF PUBLIC WORKS — Street Commissioner— to permit obstructions, 1866 3 to remove obstructions, 1866 18 department created 1831 45 to. remove timber, etc, 1831 45 to permit and remove obstructions, 1838, 1845 46 78 COMMISSIONER OF PUBLIC WORKS, &c.— (continued). and Mayor to permit, 1859 46 to remove obstructions, 1859 46 to report obstruction to Corporation Attorney, 1 859 46 and Mayor to permit obstructions, 1866 46 *to report encroachments, 1866 47 to direct removal of incumbrances, 1866 47 to grant permits, 1866 47 to remove signs, stands, etc., 1866 48 to appoint four inspectors, 18*66 48 to remove to corporation yard 48 articles may be redeemed 48 expenses to be paid 48 shall keep book 48 render account to Comptroller 49 pay amount to Chamberlain 49 advertise and sell unclaimed property 49 pay proceeds to city treasury 49 sell at public auction 49 may deliver articles to owner 49 may permit tree to be cut down 11 CORPORATION ATTORNEY — Bureau 43 prosecute violations of ordinance 43 upon complaint of any person 43 exclusive power to sue for penalties 44 may compromise suits 43 CROSSWALKS — no person to obstruct. * 13 horses or carriages not to stop on 13 other obstructions on 13 penalty 13 P FISH — not to sell or expose for sale in streets 28 nor meat or food of any description 28 exception 28 79 FOUNDRIES— page. not to cast cinders or ashes in streets 39 to employ carts to remove rubbish, etc 40 FURNITURE — Sales in streets 25 G GAMES OF CHANCE— on streets . 42 GARBAGE — throwing in streets 39 GOODS, WARES AND MERCHANDISE— hanging out over. 1 2 inches 10 penalty ' 10 raising in front of building 11 penalty 12 on sidewalks, penalty 12 H HAND-BARROW OR VELOCIPEDE — on sidewalk 12, 70 penalty 12 HACKNEY COACHES — stands for hacks 37, 38, 39 at Central Park 39 rates of fare in 39 drivers to wear badges 39 HOISTW AYS REGULATIONS 15 HORSES— on side walks 12 penalty 12 6 80 I INCUMBRANCES— p A6E . bureau created 50 Superintendent, appointment of 50 powers and duties (defined) 50, 51, 52, 53 Inspectors, appointment of 53 powers and duties 53, 54 on streets, removal of .... 48 on sidewalks 48 INSPECTORS OF INCUMBRANCES— by whom appointed 53 powers and duties 53, 54 M MAYOR— may grant permits 14 Alderman and Assistant to consent 15 receive fees for permits 15, 17 to provide record 16 time of permit 16 books open to public inspection 16 conflicting ordinances repealed 16 to report to Common Council 17 N NUISANCES— throwing offal in the street 39 oyster and fish dealers (when) 40 foundries, etc., refuse from 40 building rubbish 40 sifting ashes 40 shaking carpets 40 ash carts 40 cinders and coal ashes 40,41 shell fish 41 booths and stands in street 41 swill carts in street 41 oysters, sale of in street 41 games of chance in street 42 posting notices of quacks 42 81 o ORDINANCE— page. to remain in force 45 executive power taken from Common Council 45 an ordinance in force 46 conflicting ordinances rescinded 46 P PAVEMENT — removing of regulations 13 penalty 13, 14 PAVING — Street — any person may pave 18 to remove dirt, rubbish, etc 18 within 10 days 18 when paved over pipes 18 to remove dirt, etc., within 6 days 18 paving to be accepted by Water Purveyor 18 obstructions in paving streets 19 persons removing obstructions 19 PERMITS — On sidewalks— regulations 14 by whom granted 15 for show cases 15 stands for newspapers 15 " " fruit 15 " 44 books 15 44 14 other merchandise 15 for stairways 15 " hoistways 15 14 deliveries 15 by consent of 15 Mayor not to issue 15 who to remove (amended) 15 notice, how served 15 license fee 15 how accounted for 16 time of license 16 Mayor to keep record book 16 open to public inspection 16 ordinances conflicting repealed 16 82 POSTS PAGE. regulations 6 permission to erect 6 iron posts 8 when to be removed 9 by whom 9 notice to remove 9 how served 10 by whom 54 penalty for neglect. , 10 PORCH — over cellar door 5 exception 6 when to be removed 9 by whom 9, 10 notice to remove 9, 10 how served 10 by whom 54 penalty for neglect 10 R RUBBISH — dumping without permission 14 penalty 14 throwing in streets . . 14 misdemeanor i 14 T s SHOW BILLS — Show boards, or show cases — regulations 10, 15 hanging or suspending 10 over 12 inches from building 10 penalty. 10 SIDEWALK — Curb and Gutter— removal of nagging 19 when to be repaired 20 who to repair 20 83 SIDEWALK — Curb and Gutter — (continued). pagb. notice to repair 20 by whom served 54 failure, who to be done by 20 expenses to be paid by 21 report to Corporation Attorney 21 report to Comptroller 21 horses on 12 driving carts on 12,31 cartman injuring sidewalk 12 cartman not to drive on 31 hanging goods (over) 10 stands, etc., on (permits) 15 awning posts on 6, 7, 8 cellar door, basement steps 4 porch (over) cellar door 5 posts, awnings, stoops, platforms, balustrades 6, 7, 8, 9 permits to obstruct issued by 14 obstructions on removed by 18 coal on 12 signs 9 showbills, show boards, show cases, etc 10 shells 10 wheel or hand barrow 12 wood on 12 SIGNS — regulations 9 obstructions 9 when to be removed 9 by whom 9, 10 notice to remove 9, 10 how served i 10 by whom 54 penalty for neglect 10 hanging out over 12 inches (24 inches) 10 penalty 10 license fee 17 SIGN POST— obstructions 9 when to be removed 9 by whom 9 84 STANDS — In streets— page . regulated 10, 15, 41 prohibited 15 STOOPS, PLATFORMS, Etc.— no more than *l feet 6 open backs, sides and railing 5 when to be removed 9 by whom removed 9, 10 notice to remove 9, 10 how served 10 by whom 54 penalty 5, 10 exception 6 STREETS — obstructions in 3,19 removal from 18 horses on sidewalks 12 encroachment on 41 STREETS, OBSTRUCTIONS IN— Prohibition of— cellar doors 4 basement steps 4 windows 5 cellar porch 5 stoops, platform 5 balustrades 6 posts 6 awning posts 6 awnings. 9 removal of 8 goods on balustrades 10 hanging out goods 10 signs, show bills, show boards 10 raising goods outside of windows 11 obstructing sidewalks 12 horses and carts on sidewalks 12 injuring sidewalks 12 obstructing crosswalks 13 carrying dirt from streets 13 spilling dirt from carts 19 85 STREETS, OBSTRUCTIONS, &c— (continued), page. moving of buildings 13 removing of pavements 13 dumping earth on streets 14 STREETS— Sales in, etc. general provisions 25 places of sale of furniture 25 time of sales in streets 26 permission of owners A 26 extent of space occupied 26 sales of carriages and animals in 2*7 removal of things sold 2V advertising sale 27 sales of dry goods, hardware, etc 28 sales at auction 28 sales of meat, fish, and food 28 sales of furniture 29 sales in Chatham square 29 sales of merchandize on streets 28, 29, 30 sales of, prohibited 29 throwing, casting or laying ashes, offal, vegetables, garbage, dross 39 cinders, shells, straw, shavings, dirt, filth 39 or rubbish of any kind whatever in street 39 who to employ carts at their own expense 40 rubbish iu to be removed before sunset 40 sifting or screening lime, ashes, etc., in 40 cinder and coal ashes 40, 41 booths or stands on streets 41 swill-cart not to stand in street 41 penalty 41 games of chance, penalty 42 posting notices, penalty 42 STREET STANDS, SHOW CASES, STAIRWAYS, HOISTWAYS AND DELIVERIES — ordinance concerning 14 permits for 15 86 STREET STANDS, &c.— (continued), page. removal of *. 15 license fees 15 term of permits 16 record of permits 16 license fee for signs 15 report of licenses and permits 15 record book to be kept 16 open to public 16 stands in, prohibited 41 SUPERINTENDENT OF INCUMBRANCES— bureau created 50 powers 50 duties 50, 51, 52, 53 to prepare printed blanks. ... 50 to issue orders and regulations 51 to receive complaints and keep records 51 to issue order for removal of incumbrances 51 to issue permits for awnings and building permits 51 to issue other temporary permits 51 to notify owners, etc., to repair sidewalks, etc 51 to report unlawful acts 51 to keep true and accurate accounts 51 to inspect and report condition of streets 51 to act under direction of Commissioner 52 to enforce laws and ordinances, as to obstructions, etc 52 to report to Mayor and Corporation Attorney violations 52 to keep account of wages paid, work done, etc 52 to superintend repairing of sidewalks 52 to superintend sales at corporation yard 53 to perform other duties as required 53 receive application to cut down trees 53 T TREES— to be cut down by Commissioner of Public "Works. upon application of repair sidewalks no person to plant penalty 87 TREES — (continued). pagb. exception 11 not to destroy or cut down 11 penalty 11 W * WHEEL-BARROW OR HAND-BARROW— on sidewalk 12 Penalty 12 WOOD— on sidewalk ... 12 penalty 12 WINDOWS— regulations of 5 when to be removed 9 by whom 9 notice 9 how served 9 by whom 54 penalty 15 Y YARDS, CORPORATION— jurisdiction over 48 public care of 48 i