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or basement story of any house or other building, where such entrance or flight of steps shall not be covered, shall be enclosed with a railing on each side, permanently put up, from three to three and one-half feet high, with a gate to open inwardly, or with two iron chains across the front of the entranceway, one near the top and one in the centre of the railing, to be closed during the night, unless there be a burning light over the steps to prevent accidents, under the penalty of twenty-five dollars for every offense, to be recovered from the owner or lessee thereof, severally and respectively. (Id., sec. 3.)

§ 5. The owner of any such building shall not be liable for the said penalty for not keeping any such gate closed or chains fastened across the front of such entrance or flight of steps, when not the actual occupant thereof, until after five days' notice, in writing, from the President of the Borough, anything to the contrary in this chapter contained notwithstanding. (Id., sec. 4, with verbal changes.)

§ 6. No person or persons shall hereafter construct any porch over a cellar door under the penalty of fifty dollars. (Id., sec. 6.)

§ 7. No person or persons shall construct or continue any platform, stoop or step in any street in that section of the city formerly known as Long Island City which shall extend more than one-tenth part of the width of the street, nor more than six feet, nor with any other than open backs or sides, or railing; nor of greater width than is necessary for the purpose of a convenient passageway into the house or building; nor any stoop which shall exceed five feet in height under the penalty of fifty dollars. (Id., sec. 7, with verbal changes.)

§ 8. All persons who wish hereafter to erect balustrades projecting beyond the street line shall first obtain a written permit from the President of the Borough. (Id., sec. 9, with verbal changes.)

§ 9. No balustrades shall hereafter be erected, excepting from the second story of any house, nor shall it project more than one-twentieth of the width of the street wherein it may be erected, nor more than three feet in any case whatever. (Id., sec. 10.)

§ 10. No braces or railings shall be used for balustrades unless the strength and firmness shall have been tested or approved by the President of the Borough, and in case he shall object to the same, it shall be made as he shall direct or removed, under the penalty of five dollars for each day's maintenance. (Id., sec. 11, with verbal changes.)

§ 11. No person shall place or fix, or continue in any street in this city, any awning-post, or any cloth or canvas for an awning, unless under the direction of the President of the Borough and made comforably to the next section of this chapter, under the penalty of five dollars for each offense. (Id., sec. 12, with verbal changes.)

§ 12. No posts fixed in any street for the purpose of supporting any awning shall exceed nine inches in diameter, and the rail crossing the same shall not exceed seven inches in width or height and four inches in thickness; the said posts shall be placed next to and along the inside of the curbstone, and the upper side of the rail, which is intended to support the awning, shall not be less than eight feet nor over ten feet in height above the sidewalk, and the cross-rail shall be strongly mortised through the upright posts. (Id., sec. 13.)

§ 13. It shall be the duty of the President of the Borough to order and direct any awning-post which is erected or continued in any street in that section of the city formerly known as Long Island City contrary to the provisions of this ordinance to be forthwith removed; and any person who shall neglect or refuse to comply with such direction and order, shall forfeit and pay for every such offense the sum of five dollars. (Id., sec. 14, with verbal changes.)

§ 14. The owners or occupants of property in any street of this city exceeding the width of forty feet and from which the wooden awning-posts have been or may hereafter be directed to be removed, shall be, and they are hereby permitted to erect in front of their respective buildings thereon iron posts, and none others, for the support of awnings, with an iron cross-rail, which shall be nine feet and no more, from the curbstone to the top of said rail; said post shall be placed eight inches within the outer side of the curbstone, having the approval of the President of the Borough. sec. 15.)

(Id.,

§ 15. Such iron posts, as well as those which may be at the time of the passage of this ordinance erected in any street of this city, shall be well and securely braced from the building with wrought iron rails or rods at least one inch in diameter, in the proportion of one brace for every post. (Id., sec. 16.)

§ 16. The owner or occupants of property in any street not exceeding the width of forty feet shall be and they are hereby permitted to construct from their respective building thereon wrought iron brackets for the support of awnings, which said brackets shall be firmly secured to the building and project on a line with the inner side of the curbstone, and shall be eight feet and six inches, and no more, in height from the curbstone to the top of the outer cross-rail. (Id., sec. 17.)

§ 17. It shall be the duty of the President of the Borough to order and direct the removal forthwith of all iron awningposts and brackets which are now or may be hereafter erected, constructed and continued in any street of that section of the city, formerly known as Long Island 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 each such offense the sum of five dollars. (Id., sec. 18, with verbal changes.) § 18. The preceding sections relating to awnings and awning-posts shall apply where the erection of iron awningposts and brackets are permitted by these ordinances. (Id., sec. 19.)

§ 19. No portion or part of any cloth or canvas used as an awning shall hang loosely down from the same over the sidewalk or footpath, under the penalty of five dollars for each day's offense. (Id., sec. 20.)

§ 20. The President of the Borough is hereby authorized, whenever he shall deem it proper, to order any step stone used for entering carriages, any railing or fence, any sign, sign post, or other post, any area, bay window, or any other window, porch, cellar door, platform, stoop or step, or any other thing, which may encumber or obstruct any street, to be altered or removed therefrom within such time as shall be limited by the said President of the Borough. (Id., sec. 21, with verbal changes.)

§ 21. No person or persons in that section of the city, formerly known as Long Island City, whether agent, owner or employee, shall suffer or permit any cask, bale, bundle, box or any other goods, wares, or merchandise or any boards, planks, joists, or other timber, or anything whatsoever to be raised from any street, on the outside of any building, into any loft, store or room, or to be lowered from the same, on the outside of any building, by means of any rope, pulley, tackle, or windlass, except by permission of the President of the Borough, under the penalty of twenty-five dollars to be recovered by an action, from such person, agent, owner or employer. (Id., sec. 29, with verbal changes.)

Article IV.- Streets and Sidewalks.

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§ 22. If any cartman or other person shall break otherwise injure any footpath or sidewalk, he or they shall, within twenty-four hours thereafter, cause the same to be well and sufficiently repaired and mended, under the penalty of ten dollars. (Id., sec. 33.)

§ 23. No person, without permission of the President of the Borough, shall take up, remove or carry away any turf, stone, sand, clay or earth from any street, public place or highway in that section of the city formerly known as Long Island City, under the penalty of twenty-five dollars for each offense. (Id., sec. 35, with verbal changes.)

§ 24. No pavement or flagging in any street in that section of the city formerly known as Long Island City which has been accepted by The City of New York, or to be kept in repair at the public expense, shall hereafter be taken up, or the flagging or paving stones removed therefrom, for any purpose whatever without the permission of the President of the Borough, and the deposit of such sum as he may reasonably require to secure the relaying of the same,

under the penalty of $100 for every offense. (Id., sec. 37, with verbal changes.)

§ 25. Whenever any flagging or pavement in any such street, or part or portion thereof, has been or shall be taken up, or the paving stones in any such street or part of a street have been or shall be removed therefrom, or from the place or position in which they have been put in said pavement, in violation of this ordinance, it shall be the duty of the President of the Borough forthwith to restore such flagging or pavement, as nearly as may be practicable, to the condition in which it was before such taking or removal as aforesaid, at the expense of the party removing the same, to be recovered as other penalties are recovered. (Id., sec. 39, with verbal changes.)

§ 26. Whenever any wood, timber, stone, iron or any other metal has been or shall be put or placed in or upon any such pavement so as to hinder or obstruct or be in the way of the restoration of said pavement, as mentioned in the preceding section, it shall be the duty of the President of the Borough forthwith to cause such wood, timber, stone, iron or metal to be taken up and removed from said street or pavement so that they shall not encumber or obstruct said street and the free use of the pavement therein. (Id., sec. 40, with verbal changes.)

§ 27. Whenever, hereafter, any person, or association or body of persons, or any incorporated company, shall attempt to take up any such pavement in this ordinance mentioned, or removing the paving stones, or any of them, therefrom, without authority of the President of the Borough, it shall be his duty forthwith to prevent the same, and generally to prevent the pavement in the street aforesaid and every part thereof from being taken up, removed, encumbered or obstructed. (Id., sec. 41, with verbal changes.)

CHAPTER 2.- PARTITION FENCES AND WALLS.

§ 28. All partition fences in that section of the city formerly known as Long Island City shall be made and maintained by the owners of the land on each side, and each party shall make and keep in repair one-half part thereof, when it can be conveniently divided. (L. I. ord. 1893, ch. 20, sec. 1.)

§ 29. In case of any dispute between the parties concerning the division of any such fence, or as to what part or portion of it shall be made or repaired by each party, respectively, and in all cases of dispute concerning the sufficiency of any fence in that portion of the city formerly known as Long Island City, the matter shall be determined by the Aldermen for the time being of the district in which such partition or other fence may be situated. (Id., sec. 2, with verbal changes.)

$30. When any partition fence cannot be conveniently divided the same shall be made and kept in repair at the

joint and equal expense of the owners of the land on each side. (Id., sec. 3.)

§ 31. When the regulation of a lot, in conformity with the street on which it is situated, shall require the ground of such lot to be raised and kept up higher than the ground of the adjoining lot or lots, and a partition wall for supporting the same shall be necessary, such partititon wall shall be made and maintained by the owners, respectively, of the land on each side; and when the same can be equally divided each party shall make and keep in repair one-half part thereof. (Id., sec. 4.)

§ 32. If any dispute shall arise concerning the division of such partition wall between the parties, or as to what portion or portions of it should be made or repaired by each, respectively, or concerning the sufficiency of any such partition wall, the same shall be determined by the Alderman as aforesaid. (Id., sec. 5.)

§ 33. Where any partition wall cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. (Id., sec. 6.)

§ 34. The regulation of lots, in conformity with the street, shall be calculated not to exceed a descent of two inches on

every ten feet. (Id., sec. 7.)

§ 35. Where any owner or owners shall insist on maintaining his, or her, or their ground higher than such regulation, the surplus partition wall which may be necessary to support such height shall be made and maintained at the individual expense of such owner or owners. (Id., sec. 8.) § 36. Where any such owner or owners shall insist on regulating his, her, or their ground with a descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground on the adjoining lot, regulated in conformity with this ordinance, that portion of the city formerly known as Long Island City shall in like manner be made and maintained at the individual expense of such owner or owners. (Id., sec. 9.)

§ 37. If any person, whose duty it may be to make or repair any partition fence or partition wall, or any part thereof, in pursuance of the provisions of this law, shall neglect so to do, for six days after being requested, in writing, by the owner or occupant of the adjoining ground, it shall be lawful for such owner or occupant to make or repair such partition fence or wall, or cause the same to be done, and recover from such person the expense of making or repairing so much thereof as ought to have been made or repaired by him or her, together with cost of suit in any court having cognizance thereof. (Id., sec. 10.) $ 38. All outside and boundary fences and all fences erected on the line of any public road, street, lane, or avenue in that section of the city formerly known as Long Island City, shall be at least four feet high, and shall be

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