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OF

THE CITY OF NEW YORK

APPROVED NOVEMBER 8, 1906

CONTAINING

All General Ordinances in Force January 1, 1906

AND

THE SANITARY CODE, THE BUILDING CODE AND THE

PARK REGULATIONS

TOGETHER WITH

All Ordinances and Amendments Passed from

January 1, 1906, to January 1, 1908

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PREFACE.

The Code of Ordinances for The City of New York, approved by the Mayor on November 8, 1906, will be very generally received with satisfaction as being a step in the right direction towards making one comprehensive body of municipal law for this city. It must be distinctly borne in mind, however, that this Code is merely a codification of ordinances as existing on January 1, 1906, and is not a revision. Many now obsolete ordinances have been omitted from this new Code, and the ordinances of the cities and villages included within The Greater New York are herein gathered together in one complete ordinance. While much has been done it is hoped that a thorough revision will soon follow.

This Code was prepared pursuant to section 57 of the Greater New York Charter, which prescribes that there shall be published annually a compilation of general ordinances in force on January first of each year. The present Board of Aldermen is the first to comply with this section of the charter.

Under the Laws of 1904, chapter 628, it was provided that the Sanitary Code, Building Code and Park Regulations in force on May 1, 1904, should become chapters in the Code of Ordinances of New York city, and it was further provided that any amendments to the Sanitary Code and Park Regulations made thereafter should be filed with the City Clerk. In pursuance of this act the present Code includes the Sanitary Code, Building Code and Park Rules as separate chapters so that the Code as adopted really includes almost the entire body of municipal law in force in New York city at the present time. It is very gratifying to have these important subjects thus established by the ordinances, where they may readily be found together with any amendments.

The cases cited in the notes were chiefly collected by the writer while serving as Assistant Corporation Counsel in charge of the Bureau for the Recovery of Penalties. There are added a few leading cases which may be of use. The index has been prepared with special care to try and give the reference to those matters which the writer has found in his experience were of special interest and importance. The Code includes so many distinct matters that it has been necessary to group them under general headings in order to bring the index within reasonable size.

In the new Code it became necessary to change names and official titles made obsolete by the passing of the Greater New York Charter to the names of the new officials. For

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instance, the “ Commissioners of Public Works” is changed to “ Borough President,” and the reference “ with verbal changes,” in practically all instances, means a mere change of names.

There is given after each section in parenthesis a reference to the original ordinance from which such section is derived. These references were inserted by the writer, and are not a part of the Code as adopted by the Board of Aldermen.

ARTHUR F. COSBY,

32 Liberty Street, N. Y. December 15, 1906.

Report of Committee

OF THE

Board of Aldermen on Codification of

Ordinances.

The Committee on Codification of Ordinances hereby reports that they have examined the entire subject of the ordinances of The City of New York, as well as the material in the proposed code of ordinances referred to this committee on the 9th day of January, 1906.

Your committee herewith presents a compilation of all ordinances of The City of New York, including all such ordinances as are mentioned in sections 41 and 57 of the Greater New York Charter, together with all new ordinances and amendments of same which have been adopted, and have become existing ordinances up to January 1, 1906.

Your committee have not reported anything as an existing ordinance, which has in it any new matter or has been revised in any manner whatsoever. Nor have this committee eliminated from their report any formerly existing ordinance, or part of an ordinance, which has not clearly been repealed by subsequent legislation or ordinance, or which has not been decided by the highest courts of this State to be of no force and effect.

In order to preserve certain well known ordinances, which have been repealed by the changes made necessary by the provisions of the Greater New York charter, your committee have reported the same, not as existing ordinances, but as ordinances whose immediate re-enactment by this board, with the substitution of such words as are suggested in the committee's report, is recommended. Instances of such ordinances are to be found where the ordinance relates solely to some locality, such as the Borough of Manhattan, or the Borough of Brooklyn, and wbere the words formerly contained in such ordinance were “ The City of New York,” or “the City of Brooklyn," and where the duties of a designated office have devolved upon an official with a different title. In other words, the changes recommended are in cases where the name of some locality, or of some office, or the sense of the words, has been changed by the language of the Greater New York Charter, or of some State law.

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