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materials in any of the streets, alleys and public squares of that section of The City of New York formerly known as the Village of New Brighton; such permission, however, shall not be for a longer period than one month, nor authorize the obstruction of any part of the sidewalk, nor more than one-third of the carriageway of the street opposite the lot or place where the building is proposed to be erected. For every permit so granted the applicant shall pay such fee as the Borough President shall require. (Id., sec. 2.)

§ 3. Every person to whom permission is granted as aforesaid shall cause all the timber, building materials and rubbish to be removed after a notice in writing to do so shall be served upon them by the President of the Borough, and for neglect or refusal so to remove, shall be liable to a penalty of ten dollars for every twenty-four hours such encroachment shall continue after the expiration of said notice. (Id., sec. 3.)

§ 4. No person shall, without the permission of the President of the Borough, dig, remove or carry away or cause the same to be done, any stone, earth, sand or gravel from any public street, highway, lane or public square in that section of The City of New York formerly known as the Village of New Brighton, under the penalty of not less than five dollars or more than fifty dollars for each offense, in the discretion of the magistrate convicting. And it shall be unlawful for any person to drop or deposit any stone, gravel, sand or other material on any of the streets of that section of The City of New York formerly known as the Village of New Brighton, under a like penalty. (Id., sec. 7.)

§ 5. No person shall place or cause to be placed, or it shall not be lawful for the owner or occupant of any estate within that section of The City of New York formerly known as the Village of New Brighton, or for any other purpose to erect, place or continue or cause to be erected, placed or continued upon any sidewalk, road, avenue or street adjoining such estate any encumbrance, encroachment or obstruction which shall in any manner impede, obstruct or prevent the full, clear and free passage of such sidewalk, road, avenue or street, but the said owner, the agent or occupant of such estate shall forthwith remove any such encumbrance, encroachment or obstruction on being notified so to do by the President of the Borough, and shall be liable to a penalty of five dollars for each and every day that such encumbrance, encroachment or obstruction shall remain after notice as aforesaid. In case any such encumbrance, encroachment or obstruction shall not have been removed within a reasonable time after notice as aforesaid, it shall be the duty of the Borough President to cause the same to be removed at the expense of the owner or occupant of the estate in question. Any

person who shall, after notice and removal as aforesaid, replace or renew, or cause to be replaced or renewed, any such or similar encumbrance, encroachment or obstruction upon any sidewalk, road, avenue or street within the limits of that section of The City of New York formerly known as the Village of New Brighton shall be liable to a fine of five dollars for each and every such offense. No rail or post placed on the outer edge of the sidewalk and not interfering with or impeding the free passage of the whole width of such sidewalk or any crosswalk, shall be held to be an obstruction. (Id., sec. 8.)

§ 6. Any person who shall injure, take up or displace any pavement, side or cross walk, drain or sewer, or any part thereof, or who shall dig any hole or ditch, or drain in any street, pavements or sidewalks, without authority from the President of the Borough, or who shall hinder or obstruct the making or repairing of any pavement, side or cross walk, which is or may be making under the authority of the Borough President, or who shall hinder or obstruct any person employed by The City of New York in making or repairing any public improvement or work ordered by The City of New York, shall, for every offense, forfeit and pay a fine of not less than five dollars nor more than fifty dollars, in the discretion of the magistrate convicting. (Id., sec. 10.)

§ 7. It shall not be lawful for any gas company, or for any person to lay any gas main or other pipe, in any road, avenue, street or public place in that section of The City of New York formerly known a.s the Village of New Brighton, or to break up or disturb the ground for such or any purpose, unless previously authorized by the President of the Borough or otherwise than in conformity with the conditions prescribed, and subject to any restrictions expressed or imposed in and by any such resolution, under the penalty of thirty dollars for each offense, and the further penalty of ten dollars for each and every day any company or person shall neglect or omit to comply in all respects with the requirements of any order of the Borough President forbidding the prosecution of such work requiring the removal from such road, avenue, street or public place, of any main, pipe or other encumbrance placed or caused to be placed thereon by such company or person, the filling up of any trench dug for the purpose of laying any main or pipes, and the restoring of the ground and pavement of any such road, avenue, street or public place to the like order and condition the same was in immediately prior to the causing the same to be disturbed, and in case of the refusal or neglect to comply with all the requirements of any such last mentioned resolution, within the time specified after the service of a copy or of a notice upon the president or secretary of the company, or upon any person doing such work, the President of the Borough may, at any time

thereafter, cause all or any part of such work to be done at the expense of said company or persons, who shall be liable therefor to The City of New York for all expenses which they, the trustees, may incur in said company's behalf, together with such aforesaid penalties, to be recovered with costs of suit. (Id., sec. 18.)

§ 8. It shall be obligatory upon such company or person when laying any main or service, or other pipe, or establishing any lamp-post in any road, avenue, street or public place in that section of The City of New York formerly known as the Village of New Brighton, to perform all such work carefully, workmanlike and substantially disturbing the ground and the pavement, curb, gutter and flagging, if any, no further than may be actually necessary for the careful performance of any such work; to guard, as far as practicable, against the future settling of the ground, pavement, curb, gutter or flagging above any such main, service or other pipe, or around such lamp-post, or resulting from the digging of the trench thereof, by filling in, around and above such main or service pipe, and around such lamppost, the earth dug from any such trench, compactly and firmly, to repair all damage which may be caused to any such road, avenue, street or public place, or to any pavement, curb, gutter or flagging, by the laying of such main or service pipe or the establishing such lamp-post, and to restore the same respectively to as good order and condition as the same were in immediately prior to their commencing any such work; to cause all such work to be performed with all reasonable despatch, and in such manner as not unnecessarily to incommode the neighborhood or the public, and to promptly conform to all such directions as the President of the Borough may from time to time give in their behalf, under the penalty of ten dollars for every omission, neglect, refusal or delay; and in a case of any such omission, neglect, refusal or delay, it shall be lawful for the President of the Borough to cause any such work to be done at the expense of said company or persons liable therefor to The City of New York for all expenses which they may thereby incur, as well as such aforesaid penalties specified in this section, to be recovered with costs of suit against such company. (Id., sec. 19.)

§ 9. If any person or persons shall wilfully and maliciously injure, damage, or disturb any main, service or other pipe, heretofore or which may hereafter be laid by any gas company or persons in that section of The City of New York formerly known as the Village of New Brighton, for the purpose of supplying the same, or the inhabitants thereof, or any part or portion thereof with gas, water or drainage, such person or persons shall severally forfeit and pay to The City of New York the sum of thirty dollars for every such offense, to be recovered with costs of suit, and the imposing, recovery or payment of such

penalty or penalties shall not, in any wise, impair or interfere with any claim of such company or person, against any person or persons guilty of any such act, for any damages which said company or person may sustain therefrom. (Id., sec. 20.)

§ 10. Any person who shall place or cause to be placed in any of the streets, alleys or public squares of that section of The City of New York formerly known as the Village of New Brighton, any building materials, or any heap or pile of earth, stone or sand, or any other obstruction whatever, or who shall make, or cause to be made, any excavation in any said street, alley or square, shall, during every night that the same shall continue, cause such excavation to be surrounded by a good and sufficient barrier, and a sufficient light or lights to be maintained near such obstruction or excavation, for the protection of travelers and passengers from damage or injury by the reason of such obstruction or excavation, under a penalty of twenty-five dollars for each offense, and the like penalty for every night during which the same shall be continued. (Id., sec. 24.)

CHAPTER 2.- PUBLIC SAFETY AND ORDER.

Article I.- Nuisances.

§ 11. Any person or persons who shall make, aid, countenance or assist in making any improper noise, riot or disturbance in the streets or elsewhere in that section of The City of New York formerly known as the Village of New Brighton, and all persons who shall collect in bodies and crowds in that section of The City of New York formerly known as the Village of New Brighton, for unlawful or idle purposes, to the annoyance or disturbance of the citizens or travelers, shall, for each offense, forfeit and pay a fine of not less than one dollar, nor exceeding fifty dollars, in the discretion of the magistrate convicting. (Id., art V., sec. 1.)

§ 12. No person shall wilfully tear down or deface any notice, handbill or ordinance posted up in the former village of New Brighton, under a penalty of ten dollars. (Id., sec. 16.)

§ 13. Bathing regulated. See § 19, Village Ordinances.

PART XIII.

Ordinances Relating to that Section of the City of New York Formerly Known as the Village of Edgewater.

CHAPTER 1.- RAILROADS.

Article I.- Blocking Street Crossings and Warning Signals. Section 1. No railroad company or incorporation whose track passes through or within the limits of that section of The City of New York formerly known as the Village of Edgewater, either by themselves, their agent or agents, person or persons in the employ of said company, shall suffer or permit any train of cars to stop on or across any street, lane or highway in that section of The City of New York formerly known as the Village of Edgewater, or suffer or permit any detached car or cars to stand on or across any such street, lane or highway, under the penalty of twenty-five dollars for each offense. (Ord. Village of Edgewater, passed July 23, 1874, sec. 11, as amend. by ord. app. Nov. 23, 1906.

§ 2. Every railroad company or corporation whose track passes through or within the limits of that section of The City of New York formerly known as the Village of Edgewater, shall employ a person or persons to give notice of the approach of any cars or locomotive engines, by ringing a bell at said crossing and closing a swinging bar across said street where said track crosses, and also by erecting a sign over said crossing, notifying persons of the danger of crossing the track, under a penalty of twenty dollars for each day such precautions are omitted. (Id., sec. 12.)

PART XIV.

Ordinances Affecting Generally the Borough of Richmond.
CHAPTER 1.- STREETS AND HIGHWAYS.

Article I.- Openings of Streets and Sewers.

Section 1. No person or corporation shall open or excavate any highway or place any encumbrances thereupon, or open any public sewer or private sewer leading into a public sewer or any private sewer in a public street, or cause any of the above acts to be performed in the Borough of Richmond without a permit issued by the President of the Borough or his duly authorized representative. (Ord. app. July 27, 1903, sec. 1.)

§ 2. Application for Permit.- Applications for such permit must be made in writing to the President of the Borough, upon blank forms to be furnished by him, such form of application to contain a diagram of the location affected, with the dimensions of street surface to be disturbed. (Id., sec. 2.)

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