promptly and carry away the snow and ice thrown up by such snow plow or other instrument, then the same may be removed under the direction of the commissioner of street cleaning or the borough president of Queens or Richmond, and the expense of removing the same shall be paid by the party to the commissioner or the borough president, on demand. The board of estimate may authorize that the amount or amounts of money so paid shall be credited to the appropriation, in the respective boroughs, for the removal of snow and ice; but nothing herein contained shall be deemed to prohibit the commissioner or a borough president from demanding, before issuing said permit and as a condition thereof, the deposit of such sum of money or other security as in his judgment may be necessary to pay the cost of properly performing the work above mentioned, together with the expense of the inspection thereof. In case of neglect or refusal or omission of the party to whom such permit may be granted promptly to remove and to carry away the snow and ice thrown up by such plow or other instrument, then the commissioner of street cleaning, or the borough president of Queens or Richmond may forthwith cause the same to be removed at the public expense, and all expenditures made or incurred therefor shall be chargeable upon the party so neglecting, refusing or omitting to perform his agreement, and shall be recoverable by an action at law on behalf of the city, and when so recovered shall be placed to the credit of the department of street cleaning or the bureau of street cleaning in the boroughs of Queens or Richmond, as the case may be, to supply the deficiency occasioned by such additional expenditure. (C. O., § 417, as amend. Aug. 8, 1916.)

3. Obstructing tracks. No person shall throw, place or pile, or assist others in throwing, placing or piling any snow, ice or other impediment or obstruction to the running of cars upon the tracks of any railroad company, or in the space between the rails thereof, or in the space between the tracks and a line distant 3 feet outside of such rails. (C. O., § 412.)

§ 23. Salting tracks. No person shall throw, expose or place, or cause or procure to be thrown, exposed or placed in or upon any street or public place, except upon the curves, crossings or switches of railroad tracks, any salt, saltpetre or other substance for the purpose of dissolving any snow or ice which may have fallen or been deposited thereon; nor shall any person throw or place upon the curves, crossings or switches of railroad tracks any salt, saltpetre or other substance for the purpose of dissolving snow or ice, unless permission therefor be first obtained from the Borough President having jurisdiction. Nothing herein contained shall be construed to prohibit or interfere with any properly conducted tests or experiments by the Department of Street Cleaning, between January. 1st, 1917, and April 1st, 1917.

Adopted February 13, 1917. Approved February 21, 1917.

§ 24. Dumping.-All contractors and other persons, no matter how termed, are hereby forbidden, restrained and are never to be permitted to dump, throw, empty, convey or cause to be conveyed, for the purpose of dumping, any snow, ice or water in a vacant lot or tract of land, if such lot or tract of land shall be within a radius of 300 feet of a dwelling, factory, school, public building or any place of business. (C. O., § 411.)

15. Sidewalks.

16. Signs and show-bills.

17. Vaults and cisterns.

18. Miscellaneous.

19. Laying and installation of pipes, mains or conduits.

ARTICLE 1

GENERAL PROVISIONS

Sec. 1. Temporary closing of streets.

§ 2. Unsafe conditions; notice. 3. Barriers, guards and lights. 4. Liability for damage.

5. Violations.

Sec. 1. Temporary closing of street.-Each borough president is empowered to close temporarily to traffic any street, or a portion thereof, within his jurisdiction when, in his judgment, travel in the same is deemed to be dangerous to life, in consequence of there being carried on in said street, building operations, repairs to street pavements, sewer connections, or blasting for the purpose of removing rock from abutting property. (C. O., § 100.)

§2. Unsafe conditions; notice.—Whenever any person shall have authority, under any contract with the city or any officer thereof, or under any permit, to remove the pavement from or to excavate, occupy or use any part of a public street, so as to obstruct travel therein, he shall erect, or cause to be erected, suitable notices of the obstruction in conspicuous positions, at all points of intersection of such street with the cross-streets nearest to the obstruction, which notice shall be in the form prescribed by the borough president hav ing jurisdiction. (C. O., § 142.)

§3. Barriers, guards and lights. 1. Barriers and guards.-Every person engaged in digging down or paving any street, or building therein any sewer, drain or trench for any purpose, under contract with the city or by virtue of any permit that may have been granted by any department, board or officer of the city, shall erect such a fence or railing about the excavation or work as shall prevent danger to persons traveling the street, while the work is left exposed and would be dangerous, and any such railing or fence shall be continued and maintained until the work shall be completed or the obstruction or danger removed. (C. O., §§ 142, 209.)

2. Extent of enclosure. The extent to which such railing or fence shall be built in the several cases is hereby defined as follows, to wit: (a) In digging down any street or road, by placing the barrier along the upper bank of such excavation, or by extending the fence as far across the street as may be necessary to prevent persons from traveling on such portion as would be dangerous;

(b) In paving any street, by extending such railing or fence across the carriageway of such street, or, if but a portion of the width of such carriageway be obstructed, across such portion, in which case the obstruction shall be so arranged as to leave a passageway through, as nearly as may be, of uniform width;

(c) In building a sewer, by placing the barrier across the carriageway at the ends of such excavation as shall be made;

(d) In building vaults, by inclosing the excavation and the ground taken therefrom. (C. O., § 211.)

3. Lights. At twilight, there shall be placed upon each such railing or fence, and upon building materials, posts, poles, pipes or other obstructions in any street or public place, suitable and sufficient lights, which shall be kept burning through the night during the existence of the obstruction. (C. O., § 209.)

4. Disturbance, prohibited. No person shall throw down, displace or remove any barrier, guard or railing, or extinguish or remove any light thereon or on any obstruction in any street, without the written consent of the borough president having jurisdiction of the street in which any obstruction is placed, or without the consent of the person superintending the work or materials protected thereby. (C. O., § 140.)

5. Restriction. Nothing contained in this section shall be construed to authorize any person to stop up or obstruct more than the space of one continuous block and one intersection, at the same time, in any one street, or to keep the same so stopped up for more than 2 days after the roadway is finished, unless by special permit of the borough president. (C. O., § 141.)

6. Application of section. The provisions of this section shall apply to every person engaged in building any vault, or constructing any lateral drain to any public sewer, or who shall do or perform any work causing obstructions in a public street, by virtue of any permit from any department, board or officer of the city, and also to all persons engaged in performing any work in behalf of the city, whereby obstructions or excavations shall be made in public streets. (C. O., § 210.)

7. Enforcement of section. The borough president having jurisdiction of any work referred to in this section shall see to it that

all the foregoing requirements are complied with, and he shall make immediate complaint to the corporation counsel of any violation thereof, under the penalty of $50 for each and every neglect. (C. 0., §§ 213, 214.)

§4. Liability for damage. In all cases where any person shall perform any of the work mentioned in the preceding section, either under contract with the city or by virtue of permission obtained from any department, board or officer of the city, such persons shall be answerable for any damage which may be occasioned to persons, animals or property by reason of carelessness in any manner connected with the work.

§ 5. Violations. Any person violating any provision of this article shall, upon conviction therefor, be punished by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both such fine and imprisonment. (C. O., § 209, in part.)

ARTICLE 2

ADVERTISEMENTS, PLACARDS AND POSTERS

Sec. 10. Posting.

§ 11. Protection of city advertisements. § 12. (Repealed Aug. 8, 1915.)

Sec. 10. Posting.-No person shall paste, post, paint, print, or nail upon any curb, gutter, flagstone, tree, lamppost, awning post, horse post, telegraph pole, barrel, box or hydrant, in any street or public place, any handbill, poster, notice, sign or advertisement. (C. O., § 548.)

§ 11. Protection of city advertisements.-No person shall tear down, deface or destroy any notice, handbill or poster, put up or posted by or under the direction of the board of aldermen, or by or under the direction of any other city department, bureau, board or officer. (Arverne Ords., § 18.)

§ 12. Theatrical billboards, Brooklyn.-(Repealed Aug. 8, 1916.)

ARTICLE 3

ASSEMBLIES

Sec. 20. Public worship.

§ 21. Interference with street services.

22. Street shows.

23. Loafers and loungers.

24. Public assemblies; display of flags.

Sec. 20. Public worship.-No person shall be concerned or instrumental in collecting or promoting any assemblage of persons for public worship or exhortation, or under any pretense therefor, in any park, street, or other public place; provided, that a clergyman or minister of any denomination, or any person responsible

to or regularly associated with any church or incorporated missionary society, or any lay-preacher, or lay-reader may conduct religious services in any public place or places specified in a permit therefor which may be granted and issued by the police commissioner. This section shall not be construed to prevent any congregation of the Baptist denomination from assembling in a proper place for the purpose of performing the rites of baptism, according to the ceremonies of that church. (C. O., §§ 494, 497, 498.)

Salvation Army meeting not a nuisance. People v. City of Rochester, 44 Hun,

166.

§ 21. Interference with street services.-No person shall disturb, molest or interrupt any clergyman, minister, missionary, laypreacher or lay-reader who shall be conducting religious services by authority of a permit, issued as prescribed by this article, or any minister or people who shall be performing the rite of baptism as permitted by the preceding section, nor shall any person commit any riot or disorder in any such assembly. (C. O., § 499.)

§ 22. Street shows.-No person shall, from any window or open space of any house, exhibit to the public upon the street, or the sidewalk thereof, any performance of puppet or other figures, ballet or other dancing, comedy, farce, show with moving figures, play or other entertainment. (C. O., § 40, revised.)

§ 23. Loafers and loungers.-No person shall encumber or obstruct any street or other public place by loafing or lounging in or about the same, to the annoyance of passers-by. (Brookl. Ords., § 23.)

§ 24. Public assemblies, display of flags. All assemblies, warranted by law, held in any of the streets of the City, where public discussions are held, shall have the American flag conspicuously displayed at all times during the holding of such assemblies. No red or black flag, and no banner, ensign or sign having upon it any inscription opposed to organized government, or which is sacrilegious, or which may be derogatory to public morals, shall be displayed at any such assembly, or in any public place, or carried through the streets of the city in any procession or parade. Any person who shall violate any provision of this section shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100), or by imprisonment for not exceeding ten days, or by both such fine and imprisonment.

Adopted November 26, 1918. Approved December 6, 1918.

Sec. 30. Auctions.

ARTICLE 4

AUCTIONS AND OTHER SALES

§ 31. Vending and selling of salted meat, fish, etc.

Sec. 30. Auctions. 1. Restrictions.-No auctioneer, nor his agent, employee or servant shall

(a) Sell or expose for sale, at public auction or vendue, any drygoods, clothing, hardware, household furniture, woodenware or tinware, by retail or in small parcels or pieces, in any street or public place (Č. O., § 538);