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received permission to erect the said projection, as shown on drawings from the Department of Parks.

A (a) Stoops or steps, courtyards and areas, or any part or appurtenance thereof shall not project in the avenue beyond the building line to the extent of more than five feet where the sidewalk is sixteen feet wide, seven feet where the sidewalk is twenty feet wide, eight feet where the sidewalk is twenty-five feet wide, and in proportion to the above where the sidewalk is between sixteen and twenty feet or between twenty and twenty-five feet.

(b) No stoop or steps shall be covered, except over the landing or platform at the top, nor shall they be inclosed except by an open railing not more than four feet in height.

B (a) Bay windows shall not project in the avenue beyond the building line to the extent of more than four feet.

(b) Bay windows, when allowed to project in the avenue, shall not occupy longitudinally with the avenue more than two-thirds of the width of the building from which they project.

C (a) No balcony, cornice or ornament shall project in the avenue beyond the house line to the extent of more than four feet.

(b) No balcony shall be inclosed on the front or side, except by a railing not over four feet in height.

D. No vault or other construction below the sidewalk shall be built except in such manner as shall leave the sewers, gas and water pipes, or space proposed to be occupied by the same, free and uninclosed and in safe condition, nor in any case to extend in the clear beyond the curb line. The exclusive jurisdiction of the Department of Parks over Riverside avenue was sustained in Ackerman VS. True, 175

N. Y. 353. Ordinance Adopted, Pursuant to Chapter 453 of the Laws of 1902. 1. No shade or ornamental tree or shrub shall be planted in any of the streets, avenues or public thoroughfares of The City of New York until such tree or shrub shall have been first approved by a duly appointed employee or expert of the Commissioner having jurisdiction, and a permit granted therefor.

2. No holes or excavation shall be prepared for planting any tree or shrub unless sufficient mould of satisfactory quality shall be used, and a duly appointed employee or expert of the Department of Parks shall report that the conditions, such as the absence of poisonous gas and deleterious substances, have been made satisfactory and a permit granted therefor.

3. No stem, branch or leaf of any such tree or shrub shall be cut, broken or otherwise disturbed until a permit has been granted by the Commissioner having jurisdiction.

4. No root of any such tree or shrub shall be disturbed or interfered with in any way by any individual or any officer or employee of a public or private corporation until

a permit shall have been issued therefor by the Commissioner having jurisdiction.

5. The surface of the ground within three feet of any tree or shrub growing on any street, avenue or other public thoroughfare shall not be cultivated, fertilized, paved, or given any treatment whatever, except under permit granted of the Commissioner having jurisdiction.

6. It shall not be lawful to attach or maintain any guy rope, cable or other contrivance to any tree or shrub, or to use the same in connection with any banner, transparency, or any business purpose whatever, except under a permit from the Commissioner having jurisdiction.

7. It shall not be lawful to cut, deface, mutilate, or in any way misuse, any tree or shrub, nor shall any horse or other animal be permitted to stand in a manner or position where it may or shall cut, deface or mutilate any tree or shrub, nor shall any building material or other material of any kind or any debris be piled or maintained against any tree or shrub.

8. It shall not be lawful to attach or string any electric or other wire, or to adjust or carry the same into or over any park or parkway, except under a permit from the Commissioner having jurisdiction.

9. Any person violating the foregoing ordinances of chapter 453 of the Laws of 1902, shall be guilty of a misdemeanor, and shall on conviction thereof before a city magistrate be punished by a fine not exceeding fifty dollars, or in default of payment of such fine, by imprisonment not exceeding thirty days.

Rules and Regulations Relating to Projections and Line of Curb and Surface Constructions, Under Provisions of Section 612 of the Greater New York Charter, as Amended by Chapter 723 of the Laws of 1901.

1. Each Commissioner may grant permits for the erection and maintenance of projections on any park, parkway, square or public place in his jurisdiction, and on all streets and avenues within a distance of 350 feet from the outer boundaries thereof, upon such terms and conditions and upon the making of such compensation to the city as in his discretion he may determine with respect to the particular locality.

2. Where permits have heretofore been granted upon the making of compensation and a new permit is desired to correct any irregularity, defect or supposed want of jurisdiction in the granting of such permit, a new permit may be granted without the making of further compensation.

3. Each Commissioner may determine the line of curb and the surface constructions of all streets and avenues lying within any park, parkway, square or public place in his jurisdiction or within a distance of 350 feet from the ter boundaries thereof as he may deem advisable accord

ing to the particular locality, and best calculated to maintain the beauty and utility of such parks, parkways, squares and public places.

4. All applications for the privilege of erecting bay windows or other house projections shall be made to the Commissioner in whose administrative jurisdiction the park or parkway affected lies, who may in his discretion grant the same upon payment of a fee to be determined in each case by said Commissioner.

5. Working plans in duplicate, drawn to a scale of onequarter inch to the foot, shall be required to accompany each application, showing elevation, plans and vertical section of extent of projection, one copy of which will be filed in the office of the Commissioner having jurisdiction, and one other shall be returned to the applicant for filing in the Department of Buildings, with the approval of said Commissioner.

6. No permit will be granted to cover more than four feet of projection beyond the house or building line, nor shall the projections occupy longitudinally with the street or avenue more than two-thirds of the width of the building from which they project.

Affecting Central Park and Fifth Avenue, Manhattan.

1. Owners of property on the easterly side of Fifth avenue, between Fifty-eighth and One Hundred and Eleventh streets, are permitted to inclose, for courtyard purposes, and not otherwise, fifteen feet of the sidewalks adjacent to and in front of their respective lots; and the stoops of buildings erected on said avenue may, in such cases, project to the extent of such courtyards; provided further, that such stoops shall, in every instance, be open above the railing or balustrade thereof, and the form, size and character thereof, together with the form, size and character of the area railings, shall be subject to the approval of the Commissioner having jurisdiction; and provided further, that no stoop or area railing shall be constructed or put upon said Fifth avenue, or upon any of the streets or avenues surrounding said park, within the boundaries first above mentioned, until the plan thereof has been submitted to and approved by the said Commissioner.

2. No more than four horses shall be allowed to be driven together in the parks of the Borough of Manhattan, and then only when attached to private vehicles, except by special permit.

3. No person shall go on the turf without the permit of the Commissioner having jurisdiction except when and where a blue flag with a white star is shown as an indication that at that time and place all persons are allowed to go on it.

4. No bicycle or tricycle shall be allowed to be taken upon or remain on the Mall in Central Park during the progress of a concert.

Rules Relating to Park Conservatories.

1. The conservatories will be open daily between ten A. M. and four-thirty P. M.

2. Visitors on entering will keep to the right in order to avoid crowding.

3. Any person found pilfering flowers or leaves or causing damage to the buildings or plants will be arrested and punished.

4. No intoxicated, noisy or disorderly persons will be admitted.

5. Children under eight years of age will not be admitted except when accompanied by parents or guardians.

6. No dogs will be allowed inside the buildings or on the grounds.

7. The scattering of paper or refuse inside the buildings or on the grounds is prohibited.

8. Any incivility on the part of employees should be reported to the Commissioner having jurisdiction. Visitors are requested not to engage in unnecessary conversation with employees.

9. Fifteen minutes before closing time visitors will be warned by the call "All out."

10. No person will be permitted in a house or wing of the conservatory which is shown to be closed.

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12. Loud, indecent or noisy language is strictly prohibited. Rules and Regulations Relating to the New York Botanical Garden in Bronx Park.

1. The picking of flowers, leaves, fruits, nuts, or the breaking of branches of any plants either wild or cultivated, the uprooting of plants into or from the grounds of the Garden, are prohibited, exccpt by written permission of the Director-in-Chief of the Garden.

2. Leaving or depositing paper, boxes, glass or rubbish of any kind within the grounds of the Garden is forbidden. 3. Dogs are not allowed within the limits of the Garden except in leash.

4. It is forbidden to take fish from within the Garden, or to molest in any way squirrels, birds, snakes, frogs, toads, turtles or any other wild animals.

5. Throwing stones or other missiles, playing ball, football, tennis or any other game is prohibited.

6. It is forbidden to offer for sale food, candy, newspapers, books, tobacco, beverages, flowers or other objects, without permission from the Director-in-Chief and the Commissioner of Parks for the Borough of The Bronx.

7. Boating or rafting on the ponds, lakes and streams is forbidden.

8. Trucking, or the driving of business wagons of any kind, is forbidden on the roads of the Garden, except those designated for such purposes.

9. It is forbidden to accept or solicit passengers for any cab, carriage or other conveyance at any point within the grounds of the Garden without written permission from the Director-in-Chief of the Garden and the Commissioner of Parks designated for the Borough of The Bronx.

10. Visitors are not allowed within the Garden after eleven o'clock at night nor before six o'clock in the morning except upon driveways and paths designated for their use between those hours.

Ordinances Applicable to the Ordinary Use of the Ocean Boulevard, the Eastern Parkway and the Speedway in the Boroughs of Brooklyn and Queens.

Light harness driving on the Speedway, Ocean Parkway (Ocean Parkway, between Bay Parkway and Kings Highway) shall not be restricted as to speed between the hours of sunrise and sunset; speeding, however, is only to be permitted from Bay Parkway toward Coney Island, and drivers shall be compelled to observe the rules of the road. Automobiles will not be permitted on the Speedway, but must take the west road on the Ocean Parkway, between Bay Parkway and Kings Highway, at all times.

Business wagons, trucks, etc., heavy or light, are prohibited from using the main drive of the Ocean Parkway, and must use the west road at all times. Business wagons, trucks, etc., must use the block pavement at either side of the main road or the traffic roads of the Eastern Parkway. See ord. app. Feb. 28, 1906, infra.

Prospect Park.

1. All lawns in Prospect Park are commons, and may be used as such, except those restricted by special order, and such restricted sections plainly indicated by proper signs.

Coney Island Cycle Path.

Cyclists must use the west path when going toward Coney Island and the east path in returning.

Cyclists must not exceed a speed of twelve miles an hour on the bicycle paths.

Racing on the bicycle paths is prohibited, except by special permission of the Commissioner having jurisdiction.

Horses, wagons, carriages and pedestrians must not use the bicycle paths.

All ordinances or parts of ordinances heretofore adopted affecting the parks, parkways and public places of The City of New York under the jurisdiction of the Department of Parks inconsistent with or in conflict with the ordinances above set forth are hereby repealed.

All of the foregoing sections, comprising chapter 16 of this Code, were adopted as Park Ordinances on March 14, 1904. Park ordinances held reasonable in Matter of Wright, 29 Hun, 357; Baldwin vs. Park Com'rs, N. Y. Daily Reg. April 8, 1891.

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