water; and, if the surface of any of such wharf structures is not sufficiently tight to prevent the sand dumped thereon from going through into the water, then no sand shall be discharged thereon from any vessel, unless canvas or similar material shall be first laid thereon to receive the sand.

2. Use of horses. No vessel of any kind shall be loaded or discharged by horsepower, unless proper planking be provided to protect the surface of such pier, bulkhead or wharf structure from injury, consequent upon the travel of the horse, or the unloading of stones or similar cargo thereupon, under a penalty of $25 for each offense, to be recovered from the owner, consignee or master of any such vessel, or stevedore, severally and respectively.

3. Lumber and brick. All lumber, brick or other material in bulk, discharged on any bulkhead, must be placed at least 20 feet from the edge of the bulkhead, pending removal. (Rule 5.)

§ 62. Manure and other offensive refuse.-No manure, cellar dirt, garbage, offal, dead animals, or refuse of any kind shall be received or delivered at any pier, bulkhead or reclaimed land, or placed thereon, without the special permit of the commissioner. (Rule 6.)

§ 63. Inflammable material.—The loading, discharging or keeping on any wharf, pier or bulkhead or any lighter, barge or other craft moored to any wharf, pier, or bulkhead in the city, of cotton, turpentine, rosin, hay, straw or other inflammable material deemed extra hazardous in the standard policy of fire insurance in use in the State of New York, or any explosive, shall not be permitted, unless the same is covered with tarpaulins, or other more permanent or substantial material. (Rule 5.)

§ 64. Building material.-No brick, sand, gravel or similar material shall be unloaded on any wharf property, unless a permit therefor shall be issued by the superintendent of docks, and no such material shall be unloaded on unleased city property unless an application shall be submitted to the superintendent, accompanied by a receipt from dock master for $12.50, specifying the name of the vessel from which the cargo is to be unloaded, and a permit issued therefor by the superintendent. At the expiration of 10 days from the date of said permit, if any portion of said cargo remains, a similar application, accompanied by a receipt for $12.50, additional, shall be submitted, as in the first instance. No vessel carrying such material or cargo shall be allowed to occupy a berth for a period longer than 5 days, when said berth is required by another vessel. City wharf property under permit shall be deemed leased property, within the meaning of this section. (Rule 11.)

Sec. 80. General traffic.

§ 81. State traffic.

§ 82. Local traffic.

ARTICLE 6

WHARFAGE RATES

83. Vessels carrying shellfish.

84. Floating structures; grain elevators.

85. Canal boats and brick carriers.

86. Coal hoists and derrick scows.
87. Dump scows.

88. Berthing fees.

$89. Payment of wharfage.

890. Top-wharfage.

§ 91. Rates to be printed on wharfage bills; overcharges.

Sec. 80. General traffic.-Except as otherwise provided in this article, wharfage and dockage shall be charged for each day, or part of day, a ship or vessel shall use or be made fast to any dock, pier, wharf or bulkhead, or shall make fast to any vessel lying at any such waterfront property, or to any other vessel lying outside thereof and made fast thereto, at the following rates:

For each vessel of 200 tons burden and under, 2c. per ton; and for each vessel over 200 tons burden, 2c. per ton for each of the first 200 tons burden and 2 of 1c. per ton for every additional ton. (Charter, § 859, in part.)

$81. State traffic.-Vessels known as North River barges, market boats and sloops, employed upon the waters of this state, and schooners, exclusively employed upon such waters, shall pay wharfage or dockage for each day or part of a day, at the following rates:

Under 50 tons burden.. 50 tons, and under 100. 100 tons, and under 150. 150 tons, and under 200. 200 tons, and under 250. 250 tons, and under 300. 300 tons, and under 350. 350 tons, and under 400. 400 tons, and under 450. 450 tons, and under 500. 500 tons, and under 550. 550 tons, and under 600.

$0.50

.6212

.75

.872 1.00 1.122 1.25 1.372 1.50

1.6212

1.75 1.8712

600 tons and upward, $1.871⁄2 per 50 tons in excess of 600 tons. (Charter, 859, in part.)

§ 82. Local traffic.-Lighters and barges employed in lightering freight in the port of New York shall pay wharfage and dockage at the rate of 1c. per running foot, actual linear measurement, along the side of the vessel. (Charter, § 859, in part.)

$83. Vessels carrying shellfish.-Vessels of 200 tons burden and under, which shall be actually engaged in carrying oysters or other shellfish, and which make fast to any waterfront property shall pay wharfage and dockage at the rate of 12c. per ton each day, and every such vessel which shall make fast to another vessel lying at any waterfront property, or to any vessel lying outside of such vessel, or that shall anchor within any slip or basin, shall pay lc. per ton per day; provided, that no vessel shall pay less than 25c., nor less than 1 day's wharfage, nor shall more than 1 day's wharfage be charged unless for a continuous use of the pier, wharf, bulkhead, slip or basin of more than 24 hours. (Charter, § 860.)

$84. Floating structures; grain elevators.-Every vessel or floating

structure, other than those above named, used for transportation of freight or passengers, shall pay double the first rate prescribed in § 80 of this article; except that floating grain elevators shall pay one-half of such rate. (Charter, § 859.)

§ 85. Canal boats and brick carriers. Every canal boat and every vessel engaged in freighting brick on the Hudson river, occupying a berth next to any waterfront property and engaged in delivering cargo upon said pier, wharf, or bulkhead, or receiving cargo therefrom, shall pay wharfage at the rate of 50c. for every day or part of a day while so engaged; but, when unloaded, such canal boats or vessels shall pay wharfage at the rate of 30c. per day or part thereof; provided no canal boat or vessel, lying in any slip between two adjacent piers, shall be required to pay full wharfage to the owners or lessee of both such piers for the same day, notwithstanding she may, during said day, have changed her location between the piers; but she shall pay one-half rates to each owner or lessee in such case. (Charter, § 861.)

$86. Coal hoists and derrick scows.-Coal hoists on scows or floats and vessels, loading or unloading derrick stone, old paving blocks and asphalt from street surfaces, shall pay $1.00 per day for derrick scow; $1.00 per day for boat lying next to a dock or next to a derrick, and regular wharfage for any additional boats. Derrick scows occupying berth without scows or other vessels, $2.00 per day. (Rule.)

§ 87. Dump scows.-Vessels loading or unloading ashes or similar material shall pay wharfage or dockage at the rate of 1c. per day per running foot. (Rule.)

$88. Berthing fees.-Every vessel making fast to a vessel at any pier, wharf, or bulkhead, or to another vessel outside of such vessel, or at an anchor within any slip or basin, when not receiving or discharging cargo or ballast, shall pay one-half of rates provided for vessels of her class in the preceding sections of this article. (Charter, § 859, in part.)

§89. Payment of wharfage.-Dock masters must collect in cash any and all wharfage daily except in cases where a credit account has been opened by consent of the commissioner. Payment for wharfage, by those having credit accounts, must be made direct to the cashier of the department within 10 days after receipt of bill. In case a vessel shall have a pier, wharf, bulkhead, slip or basin before the payment of the wharfage or dockage due on her account, the owner, consignee or person in charge of such vessel shall be liable to pay double the rates of wharfage for vessels of her class, established by the preceding sections of this article. (Rule.)

$90. Top wharfage. The owner or the lessee of any wharf, pier or bulkhead may charge and collect the sum of 5c. per ton on all goods, merchandise and materials remaining on the waterfront property, owned or leased by him, for every day after the expiration of 24 hours from the time the goods, merchandise and materials shall have been left or deposited thereon, and he shall have a lien on such goods, merchandise and materials for such charges until the same shall have been paid. (Charter, § 862.)

§ 91. Rates to be printed on wharfage bills; overcharges. All persons owning or having charge of waterfront property shall cause all

provisions of this article to be printed on the back of each bill presented by them for wharfage, and the owner, consignee, or person in charge of any vessel shall not be required to pay the wharfage or dockage due on such vessel unless, upon his demand, the bill presented to him is printed in conformity with this section. Any person, owning or having charge of any waterfront property, who shall receive for wharfage any rates in excess of those authorized by this article, shall forfeit to the party aggrieved treble the amount so charged as damages, to be sued for and recovered by the party aggrieved. (Charter, § 863.)

Sec. 120. Obstructions to navigation. In case any pier, bulkhead, platform or other wharf structure shall be abandoned and constitute an obstruction to navigation, or a vessel shall be stranded, sunken or wrecked and be abandoned for 10 days, the commissioner shall notify the owner of such abandoned property or vessel, if known to him, to remove the same forthwith, but if the owner be not known to the commissioner, or is not within the city, or shall fail to comply with the notice, the commissioner shall cause such obstruction or vessel to be removed, and the expense of such removal shall be recoverable by action from the owner and shall be a lien on the property or vessel so removed until paid. If such property or vessel be not claimed within 30 days after removal, the commissioner shall advertise the same for sale, at public auction to the highest bidder, in the City Record for 6 days. The proceeds of each such sale shall be paid into the city treasury. (Rule 11.)

§ 121. Vessels lying at outer end of wharfs.-No vessel, canal boat, barge, lighter or tug shall obstruct the waters of the harbor, by lying at the exterior end of wharves in the waters of the North or the East river, except at their own risk of injury from vessels entering or leaving any adjacent dock or pier. (Charter, § 879.)

§ 122. Fouling navigable waters. 1. Dumping.-No wharf, pier or slip, or bulkhead adjacent thereto, in the navigable waters of the port of New York, which has heretofore been used for the loading and discharging of sailing vessels, regularly employed in foreign commerce and having a draught of more than 18 feet of water, shall .be used as a dumping ground. (Charter, § 845.)

2. Harbor pollution. The placing, discharging or depositing, by any process or in any manner, of offal, fruit, vegetables, piles, lumber, timber, driftwood, dirt, ashes, cinders, mud, sand, dredging, sludge, acid, or any other refuse matters, floatable or otherwise, in the tidal waters of the port of New York is hereby strictly prohibited, except under the supervision of the United States supervisor of the harbor. (Charter, § 880, Rule 15.)

3. Snow and ice. No snow or ice shall be dumped into the waters adjacent to waterfront, except from piers, bulkheads and other places designated from time to time by the commissioner. (Charter, §878, Rule 8.)

4. Oil and oil refuse.-No person shall discharge or cause or permit to be discharged into the tidal waters of the port of New York, from any ship, steamer or other vessel, any oil, oil refuse, or other inflammable matter. (New.)

§ 123. Ashes, oil and oil refuse from vessels.-Scows employed by the city or by contractors for removing ashes, garbage, oil, and oil refuse, while moored at the various dumping boards of the city, are hereby required to receive, directly, all such substances from vessels in the harbor, and 5 or more scows shall be located at such points as the supervisor of the harbor may direct, for the special use of boats and vessels wishing to discharge any such substances.

Adopted December 16, 1919. Approved December 23, 1919.

§ 124. Violations.-Any person violating any provision of this article shall, upon conviction therefor, be punished by a fine of not more than $250 nor less than $5, or imprisonment for not more than 6 months nor less than 10 days, one-half of said fine to be paid to the person giving information which shall lead to the conviction of the offender. (Charter, § 880.)