ordinance required, it shall be the duty of the President of the Borough to remove or cause the same to be removed forthwith. (Id., No. 57, sec. 3.)

§ 26. It shall be unlawful hereafter for any corporation, association, person or persons to take up the pavements, streets or sidewalks of that section of New York city formerly known as the Village of Rockaway Beach or to excavate in, on or about any of said streets, sidewalks or public places, or in any manner to interfere therewith for the purpose of laying underground any electrical conductors unless a permit in writing therefor shall have been first obtained from the President of the Borough, and except with such permission, no electrical conductors, wires, conduits or other figures or devices therefor shall be continued, constructed, erected or maintained or strung under ground in any part of said village. (Id., No. 57, sec. 4.)

§ 27. For every violation of this ordinance the corporation, association or individuals violating the same shall be liable to a penalty of five dollars per day for every pole allowed to remain within that section of New York city formerly known as the Village of Rockaway Beach, by the President of the Borough or after a notice to remove the same shall have been given by the President of the Borough. (Id., No. 57, sec. 5.)

§ 28. In addition to this penalty it is ordained that any violation of this ordinance shall constitute disorderly conduct, and the corporation, association, person or persons violating the same shall be disorderly persons. Id., No. 57, sec. 6.)

PART X.

Ordinances Relating to that Section of the City of New York
Formerly Known as the Village of Arverne-by-the-Sea.

CHAPTER 1.- PUBLIC SAFETY AND ORDER.
Article I.- Nuisances.

Section 1. Any person or persons who shall make, aid, countenance, encourage or assist in making any unusual or improper noise, riot or disturbance in the streets or elsewhere or who shall congregate on any of the highways, streets, lanes, corners or public places in that section of The City of New York formerly known as the Village or Arverne-by-the-Sea to the annoyance or inconvenience of travelers, or of persons residing adjacent thereto, and all persons who shall use obscene, vulgar or profane language in any such highway, street, lane or public place shall be liable to a penalty of not less than one dollar nor more than twenty dollars for each offense, or, in lieu thereof, not more than ten days' imprisonment. (Ord. No. 3, adopted Jan. 4, 1896, by Village of Arverne-by-the-Sea. With verbal changes throughout following sections.)

Article II.- Prevention of Vice.

§ 2. Vice and immorality, disturbance of the public peace and order, disorderly houses, gambling houses, instruments and devices for gaming, and, in general, all acts, things and omissions forbidden by the laws of the State of New York, are hereby forbidden.

Except as prescribed in these ordinances, the penalties for such acts shall be those imposed by the laws of the State. (Id., sec. 43.)

§ 3. It shall be unlawful to write, print, publish or post any obscene or indecent writing, picture, or print in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, or to deface any post, wall, fence, building, or other surface with any obscene or indecent mark, writing, picture or print.

Any person violating any of the provisions of this ordinance shall be liable to a fine of not less than twenty dollars nor more than fifty dollars for each offense. (Id., sec. 44.)

Article III.- False Alarm of Fire.

§ 4. If any person shall wilfully or designedly alarm the citizens of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, by a false cry of fire or other unusual noise, he shall be fined not less than two dollars nor more than five dollars for each offense. (Id., sec. 47.)

§ 5. No person shall throw any stone, stick or other missile, or play ball, in any street of that section of The City of New York formerly known as the Village of Arverneby-the-Sea, under a penalty of two dollars for each offense. (Id., sec. 48.)

§ 6. No person shall bathe in any of the waters within the limits of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, unless clothed in a suitable bathing dress, under a fine of not less than two dollars nor more than five dollars for each offense. (Id., sec. 50.)

CHAPTER 2.- STREETS AND HIGHWAYS.

Article I.- Washing of Carriages.

§ 7. No person shall wash or cause to be washed any carriage, wagon or other vehicle on any street, lane, sidewalk, crosswalk or other public place in that section of The City of New York formerly known as the Village of Arverneby-the-Sea, under a fine of not less than two dollars nor more than ten dollars for each offense. (Id., sec. 20.)

Article II.- Encumbrances and Excavations.

§ 8. No person shall alter or disturb the grade of any street or public place without a permit from the President

of the Borough, and then only under the supervision of the President of the Borough, under a fine of not less than ten dollars nor more than $100. No person or corporation shall dig in or upon any such street or public place without such permit, and then only under such supervision, under the like penalty. As the conditions of granting such permit the President of the Borough may require a cash deposit of such sum as will be sufficient, in his judgment, to restore such street or place to its former condition. (Id., No. 23, sec. 4.) § 9. No water company, gas company, telegraph, telephone or electric light company, or person or association of persons, shall be allowed to dig up any street or public place in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, for the purpose of laying or repairing pipes, or for any other purpose, without a written permit from the President of the Borough, under a penalty of ten dollars for every offense, and a further sum of ten dollars for every twenty-four hours the same may be dug up or left unfinished, in addition to the actual damage which The City of New York may sustain. For every such permit issued as aforesaid there shall be paid the sum of two dollars per foot for permission to dig up a macadam road; and, in every case where such permit is granted as aforesaid, the person or persons to whom it is granted shall properly restore the earth or pavement taken up for excavating and leave the surface in the same condition substantially as before the excavation was commenced. This work shall be done under the supervision of the President of the Borough.

As the condition of granting such permit, the President of the Borough may require a cash deposit of such sum as, in his judgment, will be sufficient to restore such street or place to its former condition. But nothing in this ordinance shall be construed as authorizing or permitting the erection or maintenance of any poles or overhead wires in the streets or avenues of that section of The City of New York, formerly known as the Village of Jamaica. (Id., No. 24.)

§ 10. No train of cars or any part of any train of cars, including the locomotive and tender thereof, shall remain or be left across or upon any of the streets or walks of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, so as to obstruct or prevent free travel along the same for a longer period than five minutes during any period or during any hour, unless the same can be made to appear unavoidable. Any officer, agent or employee of any railroad company, or any person having charge or control of any such train of cars or locomotive, who shall violate or suffer or allow any violation of this ordinance shall pay a fine of not less than five dollars nor more than ten dollars for each offense. (Id., No. 25.)

§ 11. No hay, straw, chips, shavings or other combustible substances shall be set on fire or burned in arv street at any time, or in any lot in that section of The City of

New York formerly known as the Village of Arverne-by-theSea, under a penalty of ten dollars, to be incurred by any person directing or causing the same to be done. (Id., No. 26.)

§ 12. Trades wagons shall not be allowed to collect on the streets or public places of that section of The City of New York formerly known as the Village of Arverne-by-theSea, to the obstruction of travel or the annoyance of persons coming and going on the streets, sidewalks or crosswalks, or of any property owner or resident in the vicinity. The fine for every violation of this section shall not be less than two dollars nor more than five dollars. (Id., No. 27.)

§ 13. No person shall, without written permission from the President of the Borough, dig or remove, carry away or cause the same to be done, any stone, earth, sand or gravel from any public street, highway, lane or public place in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea. Every person violating the provisions of this section shall be liable to a fine of not less than five dollars nor more than ten dollars for each such offense. (Id., No. 28.)

§ 14. No person shall place or cause to be placed any stone, timber, lumber or other materials for building in or upon any highways, streets, avenues or public squares in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea without a written permission for that purpose first obtained from the President of the Borough, under a penalty of ten dollars for each and every forty-eight hours during which the articles materials aforesaid shall be or remain in any such highway, street, avenue or public square without permission as aforesaid, after notice from the President of the Borough to remove the same. (Id., No. 29.)

or

§ 15. Any person who shall have obtained a permit to place any building material, or any material to be used in the construction of any building or to place any pile of earth or sand dug from any cellar or other excavation upon the street, or who shall, after having obtained a permit therefor, dig into the sidewalk or street, shall cause the obstruction caused thereby to be protected by a sufficient barrier, and sufficient light or lights at or near the obstruction, for the protection of travelers and passengers from damage or injury by reason thereof, and for a violation of the provisions of this ordinance the penalty shall be a fine of ten dollars. (Id., No. 30.)

§ 16. No person shall mix or temper mortar, or cause the same to be done, on any sidewalk or crosswalk in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, under a penalty of ten dollars for each offense. (Id., No. 32.)

Article III.— Advertisements and Public Notices.

§ 17. No person shall paste, nail or in any manner place, or cause to be placed any advertisement, placard, poster or sign, written or painted on any building or other property belonging to The City of New York, or on any fence or building belonging to any individual, company or corporation, without first obtaining the consent of the owner thereof, under a penalty of five dollars for each offense. (Id., No. 33.)

§ 18. Any person who shall tear down, deface or destroy any notice, handbill or poster put up or posted by or under the direction of the Board of Aldermen, or by or under the direction of any authorized body or official shall be liable to a penalty of ten dollars for each such offense. No. 34.)

Article IV.- Street Musicians.

(Id.,

§ 19. It shall be unlawful for any person to play a hand organ or other musical instrument in any of the streets or public places in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, without having first obtained a license therefor from the Mayor, and paid for such license, for the use of The City of New York, not less than ten dollars, nor more than fifty dollars, at the discretion of the Mayor granting the license. Every such license shall provide that the player shall, at the request of any householder, move away to a distance of 500 feet from said householder's residence, shall restrict claim to week days, between nine A. M. and seven P. M., shall expire on the first day of May next succeeding the date of issue, and shall not be transferred without the consent of the Mayor. This ordinance shall not apply to parades of military or political organizations. Any person violating this ordinance or the conditions of the license granted to him thereunder shall be liable to a fine of not less than five dollars nor more than twenty dollars for each offence. (Id., No. 35, sec. 2.)

CHAPTER 3.- AUCTIONEERS.

Article I.- Licenses.

§ 20. No goods, wares or merchandise or other property, real or personal, shall be sold at auction in that section of The City of New York formerly known as the Village of Arverne-by-the-Sea by an auctioneer, his agent or servant or by any other person, without a written permit from the City Clerk of The City of New York, nor in front of any house, store or tenement without the consent of the owner or occupant thereof. For each permit for such auction or sale there shall be paid to the City Clerk of The City of New York the sum of three dollars for each day or part of a day that such auction or sale shall be held or continued.