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jurisdiction of the Department of Parks inconsistent with or in conflict with the ordinances above set forth are hereby repealed.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.

*CHAPTER 17.-REGULATIONS OF THE MUNICIPAL EXPLOSIVES COMMISSION.

PART I.

General Regulations.

Section 1. The following Definitions and General Requirements are applicable to the entire body of Regulations hereby promulgated, or hereafter to be promulgated, under the authority of the Municipal Explosives Commission.

§ 2. A license will be the Department's authority issued to a licensee to manufacture, transport, store, sell or use any article covered by these regulations in The City of New York. (Licenses will only be issued to responsible persons, firms or corporations, who shall furnish bonds when and as required by the regulations.)

§ 3. A permit is the authority given to any one to exercise any of the privileges granted by the Fire Department under these regulations, for any specific place, or in any specific manner, in The City of New York.

§ 4. A certificate of fitness is the evidence of the possession, by the person named therein, of the ascertained qualifications and right to perform any of the duties within the limit of such right involved in the exercise of the powers herein described as inuring to a licensee when the holder of said permit is either the licensee or in his employ.

§ 5. Separate Building: Separate Vault.-The word building as applied to the buildings in which the materials treated of herein are to be stored, shall be taken to mean a unit of construction with four exterior masonry walls, erected upon suitable foundation walls. No portion of said building can be considered as a separate building unless the dividing walls rise from the foundation to the roof. Each vault built outside of the foundation walls shall constitute a separate vault. The foregoing applies to all buildings constructed wholly or partly of masonry.

§ 6. By the term Explosive, Explosive Compound or Mixture, or Explosive Articles is meant any substance or compound or mixture or article having properties of such a character that alone, or in combination or contiguity with other substances or compounds, it may decompose suddenly and generate sufficient heat, or gas, or pressure, or all of them, to produce rapid flaming combustion, or administer a destructive blow to surrounding persons or things.

§ 7. By the term Fireworks, Fireworks Composition, Signal Composition, or Signals is meant any substance, composition of substances, or article prepared for the purpose of obtaining a visible or audible pyrotechnic effect by combustion, explosion or detonation; any fireworks composition or any signal composition preparation manufactured for use or used in obtaining visible or audible pyrotechnic effect by combustion, deflagration or detonation. Fireworks and signals include any combustible or explosive compound

*This chapter is added to the Code by the editor for greater convenience. It was adopted pursuant to § 420 of the Code of Ordinances and is given as officially in force January 1, 1911,

which is combined with a case, container or holder for the purpose of obtaining a visible or audible pyrotechnic effect by combustion, deflagration or detonation.

§ 8. A survey is a formal examination and investigation of the practical conditions obtaining at premises covered by an application for license or permit, and is made by the Fire Department previous to passing upon such application for a license or permit.

§ 9. All bonds required herein shall be in the penal sum designated in each case, to be approved by the Comptroller, and conditioned on the payment of any loss, damage or injury resulting to persons or property by reason of the storing, sale or use of articles covered by these regulations, and for the strict observance of sections 731, 767, 771 and 773 of the Greater New York Charter, and of sections 763 and 769 of said Charter as amended by the ordinances of the City.

§ 10. All fees, fines, forfeitures and all proceeds of suits for penalties which may be paid in or collected pursuant to these regulations shall be paid and disbursed pursuant to title V, chapter 15 of the Greater New York Charter.

§ 11. Applications for licenses and permits for the Boroughs of Manhattan, The Bronx and Richmond must be made to the Fire Commissioner at Headquarters of the Department, Nos. 157 and 159 East 67th street, Borough of Manhattan.

§ 12. Applications for licenses and permits for the Boroughs of Brooklyn and Queens must be made to the Deputy Fire Commissioner, Boroughs of Brooklyn and Queens, at Fire Headquarters, No. 365 Jay street, Borough of Brooklyn.

§ 13. All applications for licenses and permits must be made in duplicate upon blank forms provided by the Fire Department. If approved, and the license or permit is issued, the original application will remain on file in the Department, and the duplicate will be returned to the applicant with his license or permit, showing any changes or modifications which may have been made in his application before its approval. If disapproved, the entire application will be returned to the applicant.

§ 14. In case an application is disapproved, the applicant shall have the right to file a new one in which the objectionable features of the first application are eliminated.

15. The right is reserved to the Fire Commissioner to make such changes in the application as regards location, quantity, manner of keeping or using, as may, in his judgment, be necessary to protect the public interests.

§ 16. Licenses or permits are not transferable; but in case a business carried on under either a license or permit changes its owner, the new proprietor must, through regular channels and before he actually begins the control of the business, obtain a license or permit, as the case may be, issued directly to himself.

817. All licenses or permits are issued subject to the provisions of the law, of these regulations, and of special rules which will depend on the conditions of each case, but will be the same for all alike where the conditions are the same. These special rules cannot be completely made known until after a survey of the premises is made by or under the direction of the Fire Commissioner,

§18. All licenses or permits issued in accordance with these regulations shall be subject to any amendments thereafter made in said regulations.

19. All licenses or permits shall terminate immediately and de facto upon the first deviation from the terms of the license or permit. In case the termination of the license or permit be brought about by any change of condition on adjoining property not under control of the holder of the permit or license, if immediate notice of said change has been given to the Fire Commissioner, a resurvey of said premises shall be made, and if the said changes do not unduly endanger the public safety, the conditions of the license or permit may be amended. In case the termination of the license or permit is brought about by deviation from the terms of the license or permit occurring on premises which are under control of holder of permit or license, then under no conditions will the license or permit be revived. In case such permit is not terminated by its own terms or is not revoked, it shall remain in force for the term of one year from the date thereof.

§ 20. Attention is called to the legal penalties designated by law in case of infractions of sections 731, 767, 771 and 773 of the Greater New York Charter, and of sections 763 and 769 of said Charter as amended by the ordinances of the City. All violations of the provisions of law quoted or referred to in these regulations, or violations of these regulations, shall be punished by the imposition of the penalties prescribed by law or by these regulations and, in addition thereto, in the discretion of the said Fire Commissioner, by revocation of any license or permit previously granted to the offender.

§ 21. The heads of the various City Departments shall be regarded as licensees under these regulations and shall be subject to the same regulations with regard to the obtaining of permits for work in specific localities and with regard to the requirements for certificates of fitness of their employees who may conduct such work, as are applicable in these regulations to all other parties.

§ 22. The Tenement House Act, section 2 (1), describes a tenement house as follows: A tenement house is any house or building, or portion thereof, which is rented, leased, let or hired out, to be occupied, or is occupied as the home or the residence of three families or more living independently of each other, and doing their cooking upon the premises, or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards, water-closets or privies, or some of them.

§ 23. All explosives, explosive compounds or mixtures of explosive articles, fireworks, fireworks composition, signal composition, signals, or any article, the use, sale or keeping of which within The City of New York is prohibited by these regulations, shall be subject to seizure, and after seizure shall upon three (3) days' notice to the owner or claimant be sold, and the proceeds of such sale, after deducting all expenses, shall be forfeited and paid over to and for the use and benefit of the Relief Fund of the Fire Department of The City of New York; or, all said articles shall be destroyed if in the discretion of the Fire Commissioner the public interest or safety should so demand.

PART II.

Transportation, Sale, Storage and Use of Gunpowder, Nitroglycerine, Dynamite and Other Explosives.

CHAPTER 1.-LICENSES, BONDS AND CERTIFICATES OF FITNESS.

Licenses.

§ 1. Any manufacturer or vendor of any explosive used for blasting, as a propelling charge, or for the manufacture of fireworks or detonators, before keeping on hand, selling or giving away, or transporting or delivering such explosives within the City, shall apply to and obtain from the Fire Commissioner, under the regulations as hereinafter prescribed, a license authorizing the bringing in and delivery of such explosives under such terms, conditions and penalties as may from time to time be prescribed by the Municipal Explosives Commission. For such a license the applicant shall pay a fee of twenty-five dollars, or such other sum as may be hereafter fixed.

§ 2. All contractors and others now engaged in or proposing hereafter to engage in any blasting operations shall make application in writing, upon blank forms to be furnished by the Fire Department, to the Fire Commissioner for a license to keep and use explosives, giving name, location of office or place of business, the nature and the site of the work to be performed, the intended location of the magazine or magazines, and the quantity and kind of explosives to be kept therein.

§3. Upon compliance by the applicant with all the provisions of the law and the regulations prescribed by the Municipal Explosives Commission, the Fire Commissioner, upon the payment of a fee of thirty dollars for each magazine of the first class, twenty dollars for each magazine of the second class and ten dollars for each magazine of the third class, will issue a license to such applicant.

Bonds:

§ 4. Previous to the issue of licenses as herein prescribed applicants shall furnish and file with the Fire Commissioner a bond, approved by the Comptroller, conditioned for the payment of any loss, damage or injury resulting to persons or property by reason of the use, sale or keeping of such explosives, and for the strict observance of the Charter and ordinances of The City of New York and of these regulations. Said bonds shall be in amounts as follows, viz.:

(a) For manufacturers, agents, and all others who desire to bring to or sell in the city explosives as designated in section 763 of the Charter, as amended and changed by ordinance, a bond in the penal sum of $5,000, and in case of delivery being by wagons an additional sum of $5,000 for each and every wagon in excess of one wagon engaged within the city in the delivery of said explosives as provided herein.

(b) For all contractors or others now engaged in or purposing hereafter to engage in any blasting operations, a bond in one of the following classes shall be required: