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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. (Id., 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
of the Borough, as each special case may
require
B-Where street is forty (40) feet wide and less
than fifty (50)..

C-Where street is fifty (50) feet wide and less
than sixty (60)..

D-Where street is sixty (60) feet wide and less than seventy (70)..

E-Where street is seventy (70) feet wide and less than eighty (80)...

F-Where street is eighty (80) feet wide and less than one hundred (100).

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.

172 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 (2) 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.
Approved by the Mayor, November 8, 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.
Became law, February 28, 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.
Became law, March 20, 1906.

An

Ordinance

Governing Sidewalk

Borough of Queens.

Widths in the

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.

G-Where 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. Approved by the Mayor, March 27, 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

the making of openings in pavements and the restoration thereof in the Borough of Richmond, approved July 27, 1903, is hereby amended so as to read as follows:

§ 13. Fees, restoration of pavements.

Fees for the restoration of pavement shall be as follows, for areas less than ten (10) square yards:

For restoring granite or other blocks or brick on concrete foundation, per square yard...........

.....

For restoring granite or other blocks or brick on
sand foundation, per square yard......
For sheet asphalt on concrete foundation, per square
yard.

For macadam, per square yard..

....

$3.00

1 00

3 00 80

For areas in excess of ten (10) square yards, special, as may be determined by the President of the Borough or his representative.

§ 2. This ordinance shall take effect immediately.

Adopted by the Board of Aldermen, April 10, 1906.
Approved by the Mayor, April 17, 1906.

An Ordinance to amend section 14 of article I of "An Ordinance in Relation to the Rules of the Road."

Be it Ordained by the Board of Aldermen of The City of New York as follows:

Section 1. Section 14 of article I of "An Ordinance in Relation to the Rules of the Road," approved and signed by the Mayor December 14, 1903, is hereby further amended so as to read as fololsw:

§ 14. Surface Cars Taking On or Discharging Passengers. Surface cars shall stop on the far side of the street at the crosswalk to discharge or take on passengers, excepting that the surface cars operated on Eighth avenue, in the Borough of Manhattan, ‍shall stop both on the near and far side of the street at the intersection of West One Hundred and Thirty-fifth street with said avenue.

§ 2. This ordinance shall take effect immediately. Adopted by the Board of Aldermen, April 17, 1906. Approved by the Mayor, April 27, 1906.

An Ordinance to amend section 721 of the Revised Ordinances of The City of New York of 1897, Relating to the Use of Firearms.

Be it Ordained by the Board of Aldermen of The City of New York as follows:

Section 1. Section 721 of the Revised Ordinances of The City of New York of 1897, relating to the firing of firearms, hereby is amended so as to read as follows:

§ 721. No person shall fire off or discharge any gun, pistol, fowling piece or other firearm in The City of New York, under a penalty of ten dollars for each offense. The

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