revoke any such permit so granted, or like privilege now enjoyed without a permit. (R. O. 1897, sec. 780.)

XV. The Discharge of Combustible Substances.

§ 531. No person shall fire, discharge or set off in The City of New York any rocket, cracker, torpedo, squib, balloon or other fireworks, or thing containing any substance in a state of combustion under the penalty of five dollars for each offense. (R. O. 1897, sec. 718.)

NOTES.

Evidence, Pleading.-The courts will not take judicial notice of municipal ordinances. They must be specially pleaded and proved. City of New York vs. Knickerbocker Trust Co., 104 App. Div. 223. Validity. An ordinance adopted pursuant to authority from the Legislature has the same force within the corporate limits as a statute passed by the Legislature. Village of Carthage vs. Frederick, 122 N. Y., 268; City of Buffalo vs. N. Y. Lake Erie R. R., 152 N. Y. 276.

Burden of Proof.- An ordinance is presumed to be reasonable. City of New York vs. Hewitt, 91 App. Div. 445. But it is always competent to show that it is unreasonable. Mayor vs. Dry Dock Ry. Co., 133 N. Y. 104; Fire Dept. vs. Gilmour, 149 N. Y. 453; Health Dept. vs. Rector Trinity Church, 145 N. Y. 32; Brooklyn Crosstown R. R. Co. vs. City of Brooklyn, 37 Hun, 413.

Negligence and Nuisance. The suits brought to recover damages suffered by reason of the violation of ordinances are very numerous. See Thomas on Negligence and Wood on Nuisances. For ready reference the following leading cases are given:

Vaults and Cellars.- Babbage vs. Powers, 130 N. Y. 281; Jorgensen vs. Squires, 144 N. Y. 281; Jennings vs. Van Schaick, 108 N. Y. 530.

Landlord.- Trustees Canandaigua VS. Foster, 156 N. Y. 354; Swords vs. Edgar, 59 N. Y. 28; Ahern vs. Steele, 115 N. Y. 203.

Complying with Conditions of License.- Wolf vs. Kirkpatrick, 101 N. Y. 146; Devine vs. Nat. Wall Paper Co., 95 App. Div. 194. Coal Hole.- Clifford vs. Dam, 81 N. Y. 52.

Construction.- While ordinances providing penalties are to be strictly construed. Village of Stamford vs. Fisher, 140 N. Y. 187. Still they must be reasonably construed so as to give effect to the intent of the Legislature. O'Keefe vs. Adams, 46 St. Rep. 557; People ex rel. Cumiskey vs. Wurster, 14 App. Div. 556; Mayor, etc., vs. Third Ave. R. R. Co., 16 St. Rep. 122, app. 117 N. Y. 404; Duryee vs. Mayor, 96 N. Y. 477. See McQuillin, Municipal Ordinances.

Defenses. The fact that other persons are violating an ordinance and are not prosecuted is no defense. City of Buffalo vs. N. Y., Lake Erie & W. R. R., 152 N. Y. 276.

CHAPTER 14.- THE SANITARY CODE.

By Laws 1904, ch. 628, sec. 3, the Sanitary Code in force May 1, 1904, was made a chapter of the ordinances of New York City. All amendments when filed with the City Clerk take effect.

The following sections embody substantially the Sanitary Code as adopted by the Board of Health of the Department of Health of The City of New York. "conformed to chapter XIX, title 1, chapter 378, of the Laws of 1897, and chapter XIX, title 1, chapter 466, of the Laws of 1901, pursuant to section 1172 of said titles, with the amendments and additional provisions, added and published to March 1, 1905.' See notes under sec. 1, infra.

Definitions of Terms.

Section 1. The terms "Board," "this Board 66 and said Board" whenever used in this Code shall be held to mean

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the "Board of Health of the Department of Health of The City of New York; " the word "Department," whenever used herein, shall be held to mean the Department of Health of The City of New York; the words person," owner," "tenant," 66 'lessee," occupant," 'contractor," party," manager," "board " 66 and officer," shall respectively be held to apply to and include, both jointly and severally, each and all owners, tenants, lessees, occupants, contractors, parties in interest, persons, managers, boards, officers and corporations, who may sustain the relations, or may be in like position of any one or more thereof referred to in any ordinance or regulation; every word or phrase anywhere herein defined shall be held to have such meaning whenever used herein; the words City," or this City," or "said City," whenever used herein, shall be held to mean The City of New York; the word regulations" shall be held to include " special regulations (which latter will be from time to time issued, and will contain more detailed provisions than can be herein conveniently set forth); the word "permit "shall be construed to mean the permission in writing of this Board, issued according to its by-laws, rules, regulations and Sanitary Code; and every report herein required shall be held to be a report in writing, signed by the person (and indicating his official position) who makes the same; the word "light or "lighted" shall be held to refer to natural, external light; and all words and phrases herein defined shall also include their usual and natural meaning, as well as those herein especially given. (Id., sec. 1.)

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It is well settled in this and other States that the Legislature has the power to delegate to municipal authorities the right to pass ordinances to promote the public health and safety. Polinsky vs. People, 73 N. Y. 65. Cases cited in Ford vs. N. Y. Central R. R. Co., 33 App. Div., at p. 478. As to the police powers in general, see Matter of Jacobs, 98 N. Y. 98, and Health Dept. vs. Rector, etc., Trinity Church, 145 N. Y. 32.

The power to pass ordinances to regulate the preservation of the public health is vested in the Board of Aldermen by the Revised Charter, L. 1901, ch. 466, sec. 43. Also discussion of constitutional question in Tenement House Dept. of N. Y. City vs. Moeschen, 179 N. Y. 325. Also see Met. Board of Health vs. Heister, 37 N. Y. 661; People ex rel. Cox vs. Special Sessions, 7 Hun, 214; Health Dept. vs. Knoll, 70 N. Y. 530. For powers granted to Department of Health, see chapter XIX, L. 1901, ch. 466.

§ 2. The word "street," when used in the Sanitary Code, shall be held to include avenues, public highways, sidewalks, gutters and public alleys; and the words " public place shall be held to include parks, piers, docks and wharves, and water and open spaces thereto adjacent, and also public yards, grounds and areas, and all open spaces between buildings and streets, and in view of such streets; the word "ashes" shall be held to include cinders, coal and everything that usually remains after fires; the word "rubbish " shall be held to include all the loose and decayed material and dirt-like substance that attends use or decay, or which

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accumulates from building, storing or cleaning; the word garbage shall be held to include swill and every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the preparation, decay and dealing in, or storage of meats, fish, fowls, birds or vegetables; and the word "dirt" shall be held to mean natural soil, earth and stone. (Id., sec. 2.)

§3. A "tenement house" shall be taken to mean and include every house, building or portion thereof, which is rented, leased, let or hired out to be occupied, or is occupied, as the home or 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. A "lodging house" shall be taken to mean and include any house or building, or portion thereof, in which persons are harbored or received or lodged for hire for a single night or for less than a week at one time, or any part of which is let for any person to sleep in for any term less than a week. A "cellar" shall be taken to mean and include every basement or lower story of any building or house of which one-half or more of the height from the floor to the ceiling is below the level of the street adjoining. The phrase "boarding house" shall be held to include every building, and every story and portion thereof, which is at any time or usually used, leased or occupied, or intended so to be, by any number of persons exceeding ten, as boarders thereat. The word manufactory shall be held to include every building, and every story and portion thereof, in which any sort of labor or work is done, which calls for the continual or usual presence of several persons during several hours of the day or night, engaged about said work or labor; and the word "saloon" shall be held to include every portion of any building in which the business of selling meals, liquors, drinks or refreshments of any kind shall be conducted, and includes "concert saloons." (Id., sec. 3.)

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4. The term theatre shall be held to include the building, rooms and place where any play, concert, opera, circus, trick or jugglery show, gymnastic or other exhibition, masquerade, public dance, drill, lecture, address or other public or frequent gathering or amusement, are, is or may be held, given, performed or take place, and the approach or approaches thereto, and appurtenances thereof. (Id., sec. 4.)

§ 5. The word "physician shall include every person who practices about the cure of the sick or injured, or who has the charge of, or professionally prescribes for, any person sick, injured or diseased, and any person who pursues the business of or acts as midwife; and the phrase "infectious disease" shall be held to include all diseases of an infectious, contagious or pestilential nature. (Id., sec. 5.)

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§ 6. The word "meat" whenever herein used, includes every part of any land animal and eggs (whether mixed or not with any other substance); and the word "fish" includes every part of any animal that lives in water, or the flesh of which is not meat; and the word vegetable " includes every article of human consumption as food, which (not being meat, or fish, or milk) is held or offered or intended for sale or consumption as food for human beings, at any place in said city; and all fish and meat found therein shall be deemed to be therein and held for such sale or consumption as such food, unless the contrary be distinctly proved. (Id., sec. 6.)

§ 7. The word "cattle" shall be held to include all animals, except birds, fowl and fish, of which any part of the body is used as food; the word "butcher" shall be held to include whoever is engaged in the business of keeping, driving or slaughtering any cattle or in selling any meat; the words "private market shall include every store, cellar, stand and place (not being a part of a public market) at which the business is the buying, selling or keeping for sale of meat, fish or vegetables for human food. (Id., sec. 7.)

Misfeasance and Nonfeasance.

§ 8. No person shall carelessly or negligently do or devise or contribute to the doing of any act or thing dangerous to the life or detrimental to the health of any human being; nor shall any person knowingly do or advise or contribute to the doing of any such act or thing (not actually authorized by law), except with justifiable motives, and for adequate reasons; nor shall any person omit to do any act, or to take any precaution, reasonable and proper, to prevent or remove danger or detriment to the life or health of any human being. (Id., sec. 8.)

Obedience to Ordinances and Regulations.

§ 9. Every contractor in these ordinances referred to, and every person who has contracted or undertakes, or is bound to do or is engaged in doing any one of the things in respect of which these ordinances contain provisions or regulations, shall comply with these ordinances, to the extent that any contract, obligation or duty requires or permits; and no direction of any contractors or persons shall excuse him for a non-compliance with any of said ordinances. (Id., sec. 9.)

§ 10. It is hereby declared to be the duty of every owner and part owner and person interested, and of every lessee, tenant and occupant of or in any place, water, ground, room, stall, apartment, building, erection, vessel, vehicle, matter and thing in The City of New York, and of every person conducting or interested in business therein or thereat, and of every person who has undertaken to clean any place,

ground or street therein, and of every person, public officer and department having charge of any ground, place, building or erection therein, to keep, place and preserve the same and the sewerage, drainage and ventilation thereof in such condition, and to conduct the same in such manner that it shall not be a nuisance or be dangerous or prejudicial to life or health. The term "building," as used in this section, includes a railway car, booth, tent, shop or other erection or enclosure. (Id., sec. 10.)

§ 11. Every person shall observe and obey each and every special regulation and every order of this Board that is or may be made for carrying into effect any of the ordinances or powers hereinbefore or hereinafter contained, or any law of this State or otherwise, whether issued directly by the Board, or promulgated by any bureau charged therewith, as if the same had been herein inserted at length. (Id., sec. 11.)

But no penalty can be recovered for a disobedience of an order unless one is prescribed. Health Dept. vs. Knoll, 70 N. Y. 530.

§ 12. No person shall omit or refuse to comply with, or resist any of the provisions of the Sanitary Code, or any of the rules, orders, sanitary regulations, or ordinances established or declared by this Board under or pursuant to any of the provisions of the seventy-fourth chapter of the Laws of 1866; or of chapter 686 of the Laws of 1866; or of chapter 956 of the Laws of 1867; or of chapter 335 of the Laws of 1873; or of chapter 757 of the Laws of 1873; or of chapter 636 of the Laws of 1874; or of chapter 378 of the Laws of 1897; or of chapter 466 of the Laws of 1901; nor shall any person refuse or neglect to comply with any of the provisions of the said laws in so far as the same are now in force and applicable to The City of New York; or omit or refuse or neglect the execution of any order or special regulation of this department; no person shall interfere with or obstruct any Inspector of this department when making the inspections or examinations ordered by this Board, or when executing its orders. (Id., sec. 12.)

§ 13. The owner, lessee, tenant and occupant of any building or premises, or of any part thereof, where there shall be a nuisance, or a violation of any ordinance or section of the Sanitary Code, shall be jointly and severally liable therefor, and each of them may be required to abate the nuisance, or comply with the order of the Board of Health in respect to the premises, or the part thereof, of which such person is owner, lessee, tenant or occupant. (Id., sec. 13.)

Golden vs. Health Dept., 21 App. Div. 420; People ex rel. Copcutt vs. Board of Health, 140 N. Y. 1; Board of Health vs. Copcutt, 140 N. Y. 12; Lawton vs. Steele, 119 N. Y. 226.

§ 14. Whenever a nuisance in any place or upon any premises in The City of New York shall have been found or declared by resolution of the Board of Health to exist, and