license shall conspicuously appear. No unlicensed farmer or market gardener shall be permitted to use any public market, and, while any licensed farmer or market gardener shall be exercising market privileges, he shall at all times cause to be displayed conspicuously the tag or plate containing the number of his license. (Charter, § 163, in part.) $51. Market wagons.-The owner of every cart or other vehicle, used for the purpose of bringing meat, garden produce or other thing to any of the public markets to be sold, shall cause his name to be painted in a plain manner and on a conspicuous part of such cart or vehicle. (C. O., § 83e.) § 52. Removal of obstructions. All vehicles, boxes, baskets, market produce and other articles and things brought into any market or market place, or placed upon a street or sidewalk adjacent to any market, shall be removed therefrom by the licensee, or other person responsible for such obstruction, at the close of markethours, or sooner, if required by the collector of city revenue and superintendent of markets or his authorized subordinate. (C. O., § 83c.) ARTICLE 4 MANUFACTURE AND SALE OF ICE Sec. 60. Application for license; domestic use defined; standard fixed. § 61. License; fee. § 62. Metal plates to be attached to vehicles; removal. 63. To be weighed when sold; avoirdupois weight or standard measurement prescribed. § 64. Prohibited sources of supply. 865. Duty of commissioner; inspections required. Sec. 60. Application for license; domestic use defined; standard fixed. -Every person or corporation desiring to engage in the business of manufacturing, harvesting, retailing and selling any ice in the City of New York, from house to house, or to hotels, restaurants, purveyors of ice cream and beverages, or other places where such ice so sold and delivered may be used in contact with articles of food or drink (which use is hereinafter referred to as "domestic use"); or where such ice is to be used solely for cooling purposes, shall, before engaging in such business, file a written application with the commissioner of public markets for a license therefor, stating in such application the place or places where such ice is to be or has been cut, manufactured, or gathered, the means of delivery, the location of the depots or places in the City from which such ice is to be delivered, and the quality of the ice intended to be sold. Such application shall be verified by the oath of the applicant, or, if the applicant is a corporation, by the oath of some officer thereof. All ice to be sold or delivered within the City for domestic use as aforesaid shall be pure and healthful ice, free from matter deleterious to health; and such ice is hereby defined to be ice which upon chemical and bacteriological examination shall be found to be free from nitrates and pathogenic bacteria and to contain not more than nine one-thousandths of one part of free ammonia and nine one-thousandths of one part of albuminoid ammonia in each one hundred thousand parts. § 61. License; fee.-The commissioner shall examine such application, and if it shall appear to him therefrom that the ice intended to be sold is such ice as may under this article be lawfully sold and delivered in the City, for domestic use as aforesaid, the commissioner shall issue such application, conditioned that the applicant shall comply with all the ordinances relating to the cutting, manufacturing, storing, selling and delivery of ice, and with all lawful rules and regulations of the department of public markets and the department of health, touching the ice business and touching the protection and care of articles of drink and food materials, and that the applicant will not sell or give away any ice containing any substance deleterious to health during the period of his license, except as hereinafter provided. Upon receipt of such application, if such application shall be approved by the commissioner, he shall issue or cause to be issued to such applicant a license authorizing the applicant to engage in the business of retailing and selling ice, either for domestic use solely or for packing or cooling purposes solely, or for both purposes, for and during the period of such license. Such license shall be issued for an annual period beginning on the first day of May in each year, and the fee therefor shall be $5 for each period or fraction thereof, payable in advance, and from each applicant operating more than one vehicle the fee shall be at the same annual and proportionate rate for each vehicle so employed. § 62. Metal plates to be attached to vehicles; removal.-Every person or corporation licensed under the provisions of this article shall have securely fastened on each side of the outside of the box of each wagon or other vehicle used by him or it, in and about the business of vending or distributing ice, a metal plate not less than ten inches long and six inches wide, having stamped or plainly marked thereon the words "New York City Ice Dealer" and a number corresponding to the number of the license of the ice dealer owning, controlling or using such wagon or vehicle. Such plate shall also have marked thereon the year or period for which such license is issued. Such plate shall be furnished by the commissioner and shall be of a different color and design for each year. No person or corporation licensed under the provisions of this article shall use or cause to be used in and about the business of vending or distributing ice in the City, any wagon or other vehicle which shall not have attached thereon metal plates, in accordance with the provisions of this section, and it shall be the duty of such person or corporation, at the expiration of the license year or period for which such metal plates were issued, to remove or cause to be removed, such plates from such wagon or other vehicle, or destroy the same, and no such metal plates shall be used on any wagon or other vehicle at any time other than during the period or year for which such plates were issued. $63. To be weighed when sold; avoirdupois weight or standard measurement prescribed. Every person or corporation selling ice or offering ice for sale, at the time of delivery of any ice sold, shall weigh the quantity of ice delivered, and for that purpose shall be provided with a steel-yard balance or other apparatus for weighing such ice, which shall have been duly adjusted and sealed by an inspector of weights and measures, in accordance with the provisions of this ordinance, or should be sold standard cubic measurement, and all ice sold within the City shall be sold by avoirdupois weight or standard measurement. Any person or corporation selling or offering for sale ice within, or delivering ice to any person within the City, who shall violate any of the provisions of this section, shall be fined not less than $25 nor more than $100 for each offense, or have his license revoked at the discretion of the commissioner. $64. Prohibited sources of supply. No person or corporation shall sell or deliver in the City any ice for domestic use, as aforesaid, which shall have been taken or gathered from any stagnant or polluted part of the Hudson River, or any of its branches, or from any body of water which is stagnant, or in which refuse, industrial waste, garbage, sewage or any other material tending to destroy the purity of the ice cut or obtained from such water, and no ice shall be sold or delivered in the City for domestic use, as aforesaid, which shall have been taken from any lake, pond, river, stream or other body of water, where ever located, which is defiled by sewage, garbage, ashes, decaying vegetation, refuse or waste from any industry, or by any other substances tending to make the ice cut or obtained from such water impure and unhealthful, according to the standard fixed by this article for ice. § 65. Duty of commissioner, inspections required; to make rules and regulations. It shall be the duty of the commissioner to examine or cause to be examined, from time to time, the places where ice is gathered or is to be gathered, or has been gathered, for sale and delivery, as aforesaid, and all places where such ice may be stored or kept, and every vehicle in which the same may be delivered on any part of its route from the place where it is gathered to the consumer, and to examine and cause to be examined, from time to time, ice so sold or delivered, or to be sold or delivered, so far as he may deem necessary or expedient, to ascertain whether such ice is pure and healthful and free from matter deletrious to health, according to the standard fixed in this article; and if, from such examination, it shall be found that any person or corporation has sold or distributed, or is selling or delivering, any ice for domestic use, as aforesaid, below the said standard or any ice contrary to the provisions of this article, such person or corporation may be fined not less than $25 nor more than $100 for each offense, and at the discretion of the commissioner, for repeated offense may have his license revoked. The commissioner shall, from time to time, make such reasonable rules as to the storing and delivery and inspection of ice to be sold or delivered for domestic use, as aforesaid, as will prevent the distributing for domestic use, as aforesaid, of any impure ice or ice containing deleterious substances according to said standard. The commissioner shall, from time to time, when necessary, make investigation of the manufacturing, harvesting, storing and delivery of ice to be sold or delivered for domestic use, and shall have the power to make such reasonable rules, and enforce the same, as will prevent profiteering in the distribution of ice for domestic use. $66. Ice for domestic use; restriction of sale.-No ice designated ́ or intended to be sold, offered for sale or delivered for domestic use, shall be sold, offered for sale or delivered from any wagon or other vehicle used in vending or distributing of ice to be used for packing or cooling purposes. 867. General penalty.-Any person or corporation violating any of the provisions of this article shall be fined, where no other penalty is herein expressly provided for, in a sum of not less than $25 nor more than $100 for each offense. The judgment may also direct that a person so fined be imprisoned until the fine be satisfied, specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine. The license of a person or corporation so fined may be revoked, at the discretion of the commissioner. The provisions of this article shall not be construed to curtail, limit or affect any of the powers, jurisdiction or authority of the board of.. health in the department of health of the city of New York. Adopted June 28, 1921; approved July 5, 1921. CHAPTER 16 Municipal Civil Service Article 1. General provisions. 2. Special provisions. ARTICLE 1 GENERAL PROVISIONS Sec. 1. Officers and employees to be residents. § 2. Vacations. §3. Hours of service during July and August. Sec. 1. Officers and employees to be residents.-No person not a citizen and an actual resident and dweller, in good faith, in the state of New York shall be eligible to appointment or employment in any of the departments, boards, bureaus, or branches of the government of the city, except in institutions which care for the sick and infirm, and in clinics or dispensaries which furnish medical or surgical advice or treatment, and in laboratories offering facilities for the diagnosis of disease or the analysis of food and drugs. Any person who now is or who shall become, after such appointment or employment, a citizen, resident or dweller outside the state of New York, shall thereby forfeit his said appointment or employment and shall be removed therefrom. The provisions of this section shall not apply to appointments or employments for services or work to be performed for the city outside the state of New York; nor to a temporary appointment or employment for a specific service or work, where peculiar or exceptional qualifications of a scientific, professional or educational character are necessary. Prior to such temporary appointment or employment, evidence in writing shall be furnished that the services or work to be performed cannot be well done by any citizen and actual resident of the state of New York who is available, and that the non-resident person proposed to be appointed is generally recognized as one possessing such exceptional qualifications in a high degree. No appointment or employment under this section shall be valid unless the consent of the mayor shall be first obtained. He may require the municipal civil service commission to pass upon the matter and certify whether such appointment or employment be necessary, and, also, whether the nonresident person proposed therefor be competent and necessary, for lack of a citizen and actual resident of the state of New York who is available for appointment. Adopted April 2, 1918. Approved April 6, 1918. § 2. Vacations. 1. Salaried employees.-The executive heads of the various departments, and the bureaus thereof, of the city, including the department of education, shall grant a vacation of not less than 2 calendar weeks in each year to every employee for whom provision is made for continuous or yearly service; provided, that if any employee has been less than 1 year in the service, it shall be within the discretion of the executive head of the department or |