thing, used or to be used for any purpose whatever, shall CHAPTER IV. be made, used, kept, maintained or operated, in the city of, vehicle, etc., to Brooklyn, if the use, keeping, maintaining or operating of be used if a detsuch building, vehicle, structure, receptacle or thing, shall riment to health be the occasion of any nuisance, or dangerous or detri mental to health. mitted. § 182. That no substance, matter or thing, of any kind No nuisance of whatever, which shall be dangerous or detrimental to any kind perhealth, shall be permitted to exist in connection with any permitted business, or be used therein, or to exist in connection with, or be used in any work or labor, carried on or to be carried on or prosecuted in the city of Brooklyn, and that no nuisance shall be permitted to exist in connection with any business, or in connection with any such work or labor. obeyed. § 183. That every person shall obey the ordinances, rules, All ordinances, regulations and orders of this board, made or to be made etc., to be in pursuance of the act of the Legislature of the state of New York, under which these ordinances are adopted. § 184. That any person who omits, neglects or refuses to Penalties for comply with, or who resists any of the provisions of the violations. foregoing ordinances, or who refuses or neglects to obey any of the rules, orders, or sanitary regulations of the board of health of the city of Brooklyn, or who omits, neglects or refuses to comply with or who resists any order or special regulation of said the board of health of the city of Brooklyn, shall be guilty of a misdemeanor, and liable to arrest, suit and prosecution therefor, and upon conviction of such offense, shall be punished by imprisonment in the county jail, not to exceed thirty days, and by fine not exceeding two hundred dollars, nor less than ten dollars, or by both such fine and imprisonment.-Amended June 4, 1877. the department streets. 185. The ambulances of the department of health, Ambulances of while engaged in going for or in carrying sick or wounded to have the persons to or from the hospitals, shall have the right of right of way in way in the streets of the city, as against any person, carriage or incumbrance put, driven or being in said streets, and no person shall obstruct said ambulances, while so engaged if there shall be an opportunity to get out of the way of the same, under a penalty of ten dollars for each offense. Penalty. CHAPTER V. CHAPTER V. IN RELATION TO PARTITION FENCES AND WALLS. The common council of the city of Brooklyn to ordain as follows: SEC. 1. Partition fences, how maintained. 2. Disputes, how determined. 3. When fences cannot conveniently be divided, how kept in repair. 4. Expenses of the regulation of a lot in conformity with a street, how borne. 5. Duties to be determined by alderman of ward. 6. 7. Where walls cannot conveniently be divided, how kept in repair. 8. Where owners insist on a higher grade. 9. Where owners insist on a lower grade. Partition fences, how maintained. Disputes, how determined. When fences cannot conveniently be divided, how kept in repair. Expense of the regulation of a lot in con street how borne. 10. Neglect to make repairs. 11. Outside and boundary fences, how built. 12. Owners and lessees cannot recover damages except in certain cases. 13. Disputes, how determined. SECTION 1. All partition fences in the city of Brooklyn shall be made and maintained by the owners of the land on each side; and each party shall make and keep in repair one half part thereof, when it can be conveniently divided. § 2. In case of any disputes between the parties concerning the division of any such fence, or as to what part or portion of it shall be made or repaired by each party respectively; and in all cases of dispute concerning the insufficiency of any fence in the city of Brooklyn, the matter shall be determined by the alderman of the ward in which such partition or other fence may be situated. § 3. When any partition fence cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side. § 4. When the regulation of a lot, in conformity with the street on which it is situated, shall require the ground formity with a of such lot to be raised and kept up higher than the ground of the adjoining lot or lots, and a partition wall for supporting the same shall be necessary, such partition shall be made and maintained by the owners respectively of the land on each side; and when the same can be equally divided, each party shall make and keep in repair one half part thereof. Disputes to be; determined by alderman of ward. § 5. If any dispute shall arise concerning the division of such partition wall between the parties, or as to what part or portion of it should be made or repaired by each party respectively, or concerning the sufficiency of any such partition wall, the same shall be determined by the alderman as aforesaid. § 6. Where any partition wall cannot be conveniently CHAPTER V. divided, the same shall be made and kept in repair at the Where walls joint and equal expense of the owners of the land on each cannot conside. veniently be divided, how kept in repair. lots. 7. The regulation of lots, in conformity with the Regulation of street, shall be calculated not to exceed a descent of two inches to every ten feet. insist on a § 8. Where any owner or owners shall insist on main- Where owners taining his, her or their ground higher than such regulation, higher grade. the surplus partition wall which may be necessary to support such height shall be made and maintained at the individual expense of such owner or owners. SECTION 9, on this page, (pp. 325) is incomplete. The entire section is as folows; 9. Where any such owner or owners shall insist on regulating his, her or their ground with a descent less than two inches on every ten feet, the surplus partition wall necessary to support the ground in the adjoining lot, regulated in conformity with the foregoing sections, shall, in like manner, be made and maintained at the individual expense of such owner or owners. U ---d pair any partition wall, or any part thereof, in pursuance of the provision of this ordinance, shall neglect to do so for six days after being requested, in writing, by the owner or occupant of the adjoining ground, it shall be lawful for such owner or occupant to make or repair such partition, fence or wall, or cause the same to be done, and to recover from such person the expense of making or repairing so much thereof as ought to have been made or repaired by him or her, together with costs of suit, in any court having cognizance thereof. make repairs. boundary § 11. All outside and boundary fences, and all fences, Outside and erected on the line of any public road, street, lane or ave- fences, how nue in the city of Brooklyn, shall be at least five feet high, built. and shall be built of good and substantial materials, and sufficiently in all respects to keep out and prevent the encroachment of cattle, sheep, hogs and other animals, and shall be kept in good repair, and of the height above mentioned. Nothing herein contained shall apply to courtyards or iron railings. lessees cannot certain cases. § 12. The owner or owners, lessee or lessees, tenant or Owners and tenants of any lot, piece of ground or premises, upon recover damwhich any fence, not of the height, and that shall not be ages, except in erected in the manner and maintained at the height mentioned in the preceding section, or who having so erected the same shall not keep the same in good repair, shall not recover for any damage he, they or she may sustain from any cattle, sheep, hog or other animal doing damage upon CHAPTER V. his, their or her premises, unless such animals shall have been unlawfully at large; nor shall any cattle, sheep, hogs, or other animals be placed in pound for doing damage, unless such fence be erected and kept of the height, and in the manner mentioned in the eleventh section, unless such animals shall have been unlawfully at large. Disputes, how determined. § 13. In case of any dispute between the parties, concerning any fence embraced within this chapter, or the suf ficieney thereof, the matter shall be determined by the alderman, for the time being, of the ward in which such fence may be situated. CHAPTER VI. TO REGULATE THE USE OF COURT YARDS ON BUSHWICK AVENUE The common council of the City of Brooklyn do ordain as follows: EC. 1. Width to be reserved for court yards. SECTION 1. No person or persons shall erect or contract upon the twenty feet on each side of the Bushwick avenue boulevard by law set apart to be used as court yards only, any piazza, veranda, covered or enclosed porch, platform, or erection other than stoops, steps, or platforms with open backs and sides, or railing not to exceed seven feet in height, or to extend upon said court yards more than seven feet, or of a greater width than is necessary for the purpose of a convenient passage way into the houses or buildings to which the same shall be attached; nor shall any person or persons dig, build, or construct any area into said court yard. APPENDIX. THE CHARTER OF BROOKLYN OF 1854. AS AMENDED, AND CERTAIN SPECIAL LAWS RELATING TO THE FIRE LIMITS, BOARD OF CITY WORKS, PROSPECT PARK COM MISSION, LOCAL JUDICIARY, EXCISE, BOARD OF EDUCATION AND ELECTION. 1 TOGETHER WITH A LIST OF ACTS OF THE LEGISLATURE IN RELATION TO THE CITY OF BROOKLYN FROM 1788 |