In the original permit, either in full or to the amount of such balance as may be left, if it shall be found necessary to use said deposit for purpose of repairing damages. latter event the amount retained shall be credited to the fund drawn upon for making the repairs. In general, such deposits shall be similar to the following: No permit shall be given for over ninety (90) days without formal extension. Placing building material on highway.. Moving one (1) story building over highway. Moving building larger than one (1) story over high way Moving steam roller over highway. (Id., sec. 16.) $5 00 10 00 25.00 25 00 § 17. Consent of Corporations.-- The applicant for a permit to move a building on or across streets where there are car tracks or overhead wire construction must obtain and file with the application the consent of the company affected. (Id., sec. 17.) § 18. Gutters Clear.- Storage of building or other material on the streets will only be permitted on express condition that the gutters to the full width of three (3) feet shall be kept absolutely clear and free for the passage of water; such storage shall be limited to the frontage of the property mentioned in the application and to one-third of the width of the street. (Id., sec. 18.) § 19. Sidewalks Protected.- Where any heavy teaming is necessary across sidewalks, either the flagstones shall be removed and a clean dry walk maintained, or the crossing shall be so thoroughly protected with heavy planking as to prevent injury thereto and present no obstruction to the safe use of the same by pedestrians. (Id., sec. 19.) § 20. Non-interference with Traffic, Etc.- All work to be done must be carried on in such manner as not to unnecessarily interrupt business on the streets, or in any way interfere with existing swers, piping, subways, tracks or other public conveniences or utilities already laid under authority. (Id., sec. 20.) § 21. Snow Removal. The person or corporation to whom a permit for street opening is granted must remove within twenty-four (24) hours all snow and ice that may fall or form upon the street within five feet upon either side of the opening and keep the space free from snow and ice until the opening is properly refilled. (Id., sec. 21.) § 22. Competent Men.- All work must be carried out by men competent and skilled in their respective duties, and full compliance must be given to all laws affecting the work or the employment of labor. (Id., sec. 22.) § 23. Penalties.- Failure to comply with any of the conditions of this ordinance by any person or corporation, or failure to perform any of the above acts in the manner prescribed and directed by the President of the Borough, or is Inspectors or other duly appointed agents, will be punishable by the revocation of the permit for such work, the refusal to issue further permits to the offending party for any purpose whatever for a period not exceeding six months, or forefeiture of the temporary security deposits, or any or all of these penalties. (ld., sec. 23.) Article II.- Widths of Sidewalks. § 24. In carrying out street improvements in the Borough of Richmond, where the regulation of sidewalks and curbing is affected, in all new streets and in old ones, where possible, unless serious difficulties interfere, to be then determined by the President of the Borough, the sidewalks between street lines and curbs shall be of widths follows: A- Where street is less than forty (40) feet wide — to be determined by the President B-Where street is forty (40) feet wide and less C- Where street is fifty (50) feet wide and less than sixty (60)... D-Where street is sixty (60) feet wide and less E F than seventy (70).. - Where street is seventy (70) feet wide and less Where street is eighty (80) feet wide and less G-Where street is one hundred (100) feet wide and over.... (Ord. app. June 22, 1903, sec. 1.) as Special. 10 feet. 122 feet. 15 feet. 171⁄2 feet. 20 feet. 25 feet. § 25. For all new sidewalk pavement the footway shall be not less than five (5) feet in width, with either flagstones or artificial stone, in full accordance with or better than called for in the standard specifications for this work, on file in the office of the President of the Borough of Richmond. (Id., sec. 2.) § 26. All sidewalks shall be laid on a grade rising from top of the curb, one-half (%) of an inch to each foot, where only one five (5) foot width of pavement is laid; and of onethird (%) of an inch where the whole sidewalk width is to be paved. (Id., sec. 3.) PART XV. Miscellaneous Ordinances Affecting the Boroughs of Queens, Richmond and The Bronx. CHAPTER 1.- MISCELLANEOUS. Article I.- Publication of Session Laws in the Boroughs of Queens and Richmond. Section 1. The compensation for publication of the Session Laws in the Counties of Queens and Richmond is hereby fixed at the rate of fifty cents per folio. Article II.-- Fees for Certain Sewer Connections in the Borough of the Bronx. § 2. All plumbing contractors performing work on any municipal or public buildings in the Borough of the Bronx, in The City of New York, shall be exempt from charge of fees by the Borough President or Commissioner of Public Works for connecting into any public sewer or sewers in any street, alley or highway, except a nominal charge of ten dollars for each such municipal or public building owned by The City of New York; provided, however, that this resolution shall not affect any existing contract. PART XVI. Wherever in the foregoing ordinances no specific penalty is provided for the violation of any such ordinance, the penalty for the violation thereof shall be the sum of ten dollars ($10). (R. O. 1897, sec. 786, with verbal changes.) Adopted by the Board of Aldermen, October 30, 1906. The above is the date of the adoption of entire foregoing Code. NOTE. The question is frequently asked whether every violation of the ordinances is a misdemeanor. By section 85 of the Consolidation Act (ch. 410, L. 1882) every violation of the ordinances was specifically declared to be a misdemeanor. When the Greater New York Charter went into effect (1898) section 85 of the Consolidation Act had been revised by section 50, which dropped the misdemeanor clause, and merely gave the Board of Aldermen the power to impose "such fines, penalties, forfeitures or imprisonment as may by law be prescribed." In the Revised Charter of 1901 this is section 44. Section 41 of the 1901 Charter continued all ordinances not inconsistent with the Charter in force. The revised ordinances of 1897, section 786, made all violations liable to a penalty of ten dollars. This has always been interpreted as meaning that since January 1, 1898, when the new Charter went into effect, the violation of an ordinance made the party liable to a suit to recover the penalty in a civil action only, unless the section violated expressly declared the offense to be a misdemeanor. The old Police Magistrates were invested by chapter 233, Laws 1895, with power to impose fines "in all cases of arrest for offending any ordinance of The City of New York." This power was transferred to the City Magistrates by chapter 601, Laws 1895, and continued in them by section 1392 of the original and amended Charters. This would clearly seem to give the City Magistrates jurisdiction where the ordinances have specifically made an offense a misdemeanor. GENERAL ORDINANCES Passed from January 1, 1906 to December 11, 1906. An Ordinance in Relation to Vehicular Traffic on the Ocean Parkway, in the Borough of Brooklyn. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Hereafter it shall be unlawful to drive any vehicle over the easterly side road or bridle road of the Ocean parkway, between Prospect Park and the Coney Island Concourse, except as it may be necessary to cart or convey supplies to the residences along said easterly side road, or in case of buildings being erected fronting on said side road, when it shall be lawful to cart building materials thereon. In all cases, however, vehicles must enter said side road from the street nearest to said residence or house in course of construction, and must leave the same at the next following intersecting street. § 2. Any person who violates the provisions of this ordinance shall be liable to a penalty of five dollars for each and every offense. § 3. All ordinances or parts of ordinances of the municipal and public corporations consolidated into The City of New York, inconsistent with the provisions of this ordinance, are hereby repealed. Adopted by the Board of Aldermen, February 14, 1906. A Resolution in Relation to the Delivery of Supplies to the Residents of West End Avenue. Now therefore be it ordained, that the delivery of supplies to the residents of West End avenue, north of Seventieth street, in the Borough of Manhattan, in The City of New York, will be permitted in the forenoon; but no business vehicle shall enter upon or pass over said parkway after the hour of noon, except by special permission of the Commissioner having jurisdiction. In passing over the said parkway, business vehicles must go direct to place of delivery, must leave the said parkway without unnecessary delay and by the shortest route the place of entry if possible. Said parkways must not be used to enable business vehicles to reach places exterior to them. Adopted by the Board of Aldermen, March 6, 1906. Borough of Queens. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. In carrying out street improvements in the Borough of Queens, where the regulation of sidewalks and curbing is affected in all new streets and in old ones, where possible, unless serious difficulties interfere, to be then determined by the President of the Borough, the sidewalks between street lines and curbs shall be of widths as follows: A Where street is less than forty (40) feet wide, to be determined by the President of the Borough, as each special case may require, special. B-Where street is forty (40) feet wide and less than fifty (50), 10 feet. C-Where street is fifty (50) feet wide and less than sixty (60), 12.5 feet. D-Where street is sixty (60) feet wide and less than seventy (70), 15 feet. E-Where street is seventy (70) feet wide and less than eighty (80), 17.5 feet. F-Where street is eighty (80) feet wide and less than one hundred (100), 20 feet. GWhere street is one hundred (100) feet wide and over, to be determined by the President of the Borough as each special case may require, special. § 2. For all new sidewalk pavement, the footway shall be not less than five (5) feet in width, with either flagstone or artificial stone, in full accordance with or better than called for in the standard specification for this work, on file in the office of the President of the Borough of Queens. § 3. All sidewalks shall be laid on a grade rising from top of the curb, one-half (%) of an inch to each foot, where only one five (5) foot width of pavement is laid; and of onethird (%) of an inch where the whole sidewalk width is to be paved. § 4. All ordinances, or parts thereof, now in effect conflicting with these, are hereby repealed. § 5. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, March 20, 1906. An Ordinance Governing Connections With Sewers, Certain Uses of the Public Streets, and the Making of Openings in Pavements and the Restoration Thereof in the Borough of Richmond. Be it Ordained by the Board of Aldermen of The City of New York as follows: Section 1. Section 13 of an ordinance governing connections with sewers, certain uses of the public streets, and |