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revoke any such permit so granted, or like privilege now enjoyed without a permit. (R. O. 1897, sec. 780.)

XV. The Discharge of Combustible Substances.

§ 531. No person shall fire, discharge or set off in The City of New York any rocket, cracker, torpedo, squib, balloon or other fireworks, or thing containing any substance in a state of combustion under the penalty of five dollars for each offense. (R. O. 1897, sec. 718.)

Liability of city for injuries discussed. Melker vs. City of N. Y., 190 N. Y. 481. When city is liable for explosion. De Agramonti vs. City of Mt. Vernon, 112 App. Div. 291.

XVI. False Alarms of Fire.

§ 532. Any person who shall willfully or designedly raise, create or continue a false alarm of fire, or aid, abet or assist in raising, creating or continuing a false alarm of fire in The City of New York, shall be subject to a fine of $10 for each offense. (Ordinance of Village of Far Rockaway.)

XVII. Sales and Auctions in the Public Streets.

*§ 533. Hereafter it shall not be lawful for any person to sell or offer for sale in any of the streets, avenues or public places within the limits of The City of New York any sawdust, except in bags securely tied, which shall neither be filled or emptied, nor the contents thereof permitted to be scattered or blown in any such street, avenue or public place, under a penalty of $25 for every violation of the provisions of this ordinance.

*8534. No auctioneer, or his agent or servant or any other person, shall sell at auction or expose for sale or lay or place any goods, wares, merchandise or other thing in any street, road, lane, highway or public place in The City of New York, unless such person shall first obtain the consent or permission, in writing, of the occupant of the lot or building before which such articles or any part thereof shall be placed or exposed for sale, under the penalty of $10 for every such offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively.

*§ 535. No person shall sell or expose for sale or lay or place in any street, lane, road, highway or public place, at any time between the first day of June and the first day of November in each year, any salted beef or pork, dried or pickled fish, blubber, hides, cotton or wool, under the penalty of $10 for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively.

*§ 536. Every article exposed for sale at public auction, or sold in any public place, street, lane, road or highway in The City of New York, shall be removed from the same by the setting of the sun of the day of selling or exposing for sale, under the penalty of $10 for each offense, to be sued for and recovered from the auctioneer, his agent or the purchaser thereof, severally and respectively.

*§ 537. No bellman or crier, nor any drum or fife, or other instrument of music, or any show-signal or means of attracting the attention of passengers other than a sign or flag, shall be employed

*Not so numbered in ordinance.

or suffered or permitted to be used at or near any place of sale, or at or near any auction room, or at or near the residence of any auctioneer, or at or near any auction whatsoever, under a penalty of $10 for each offense, to be sued for and recovered from the person using the same and the auctioneer or his agent suffering or permitting the same, severally and respectively.

*§ 538. No auctioneer or other person shall sell or expose for sale at public auction or vendue, any dry goods, hardware, woodenware or tinware, by retail or in small parcels or pieces, in any public street, lane, highway or public place in The City of New York (articles of household furniture at the places and as hereinbefore provided alone excepted), under a penalty of $10 for each offense, to be sued for and recovered from the seller, auctioneer or his agent, severally and respectively.

*§ 539. No auctioneer or his agent or servant shall sell or expose for sale at public auction any goods, wares, merchandise or other thing whatsoever, to any person or persons who at the time of bidding for the same, or whilst examining the same, shall be on the sidewalk or carriageway of any of the streets of The City of New York, under the penalty of $10 for every such offense.

*§ 540. No auctioneer or his agent or servant, or any other person, shall lay or place, or sell or expose for sale, any article of household furniture in any street or public place in The City of New York other than such as is hereinbefore designated or mentioned, under the penalty of $20 for every such offense, to be sued for and recovered from the seller, auctioneer or his agent or servant, severally and respectively. (Ordinance of Borough of Manhattan.)

§ 541. No goods, wares or merchandise or other property, real or personal, shall be sold at auction in The City of New York by an auctioneer, his agent or servant or by any other person, without a written permit from the City Clerk; nor in front of any house, store or tenement without the consent of the owner or occupant thereof. For each permit for such auction or sale there shall be paid to the City Clerk the sum of three dollars for each day or part of a day that such auction or sale shall be held or continued. Every person violating any of the provisions of this section shall be liable to a fine of not less than five dollars nor more than ten dollars for each offense. (Ordinance of Arverne-by-the-Sea.)

XVIII. Bathing.

§ 542. No person shall swim or bathe in any of the waters within the jurisdiction of The City of New York, except in public or private bathing houses, unless covered with a bathing suit so as to prevent any indecent exposure of person, under a fine of $5 for each offense; nor shall any person dress or undress in any place in said City, exposed to view, under a like fine. (Ordinance of Manhattan, Brooklyn, Far Rockaway and Rockaway Beach.)

XIX. Blasting of Rocks.

* § 543. In all cases of blasting rocks within The City of New York, each blast, before firing it, shall be covered on the top and *Not so numbered in ordinance.

sides with tin sufficiently large to cover the rock to be broken, and the tin to be covered with at least twelve timbers 10 inches square and 10 feet long each, to be held together at each end by a chain of either steel or iron three-quarters of an inch in diameter. The explosive to be used shall not exceed one pound in weight of 40 per cent explosive for each 4 feet depth of hole that is not 10 feet below the curb, and one pound in weight of 60 per cent explosive for each 4 feet depth of hole that is more than 10 feet below the curb.

*§ 544. Three minutes' notice before firing the blasts shall be given by displaying a red flag on a staff not less than 10 feet high, set in a conspicuous place within 25 feet of the point where the charge is placed, and also by calling out the words "A blast" several times repeated and loud enough to be distinctly heard at a distance of 200 feet from the point of discharge, and shall notify the occupants of all houses within three hundred (300) feet of the place of blasting on the morning of each day upon which blasting shall be done. * § 545. For every violation of either of the preceding sections of this article the offending party, upon complaint and conviction thereof before a City Magistrate, shall be liable to a fine of $25, and stand committed until the same is paid. (Ordinance of Manhattan and Long Island City.)

*

XX. Burning Combustible Substances on Streets.

§ 546. No hay, straw, chips, shavings or other combustible substances shall be set on fire or burned in any street, avenue, or highway, or in any open lot in The City of New York under a fine of $10 for each offense to be incurred by the person directing or causing the same to be done. (Ordinance of Arverne and Far Rockaway.)

XXI. Hand Organs, Playing of.

* § 547. No person shall use or perform with or hire, procure or abet any other person to use or perform with any hand organ in any of the streets or public places of the Borough of Brooklyn before the hour of 9 A. M. nor after the hour of 9 P. M. of each day, nor during any part of the first day of the week commonly called Sunday, nor within a distance of 500 feet of any school house or house of public worship, during school hours or hours of public worship, respectively, nor within a like distance of any hospital, asylum or other public institution, nor within a distance of 250 feet of any dwelling house or other building, when directed or requested by an occupant thereof not to so perform. No person shall use or perform upon any hand organ except such organ shall be licensed as hereinafter ordained. Upon the payment of a license fee of $5 per annum, the Mayor may license such number of organs as he may deem proper, not to exceed, however, the total number of 500. Such license must be conspicuously displayed upon the front of said organ. No person using or performing any hand organ licensed as hereinbefore recited, shall solicit, ask or request any money for such use or performance in any way, shape or manner, directly or indirectly. Any violation of this ordinance or any part thereof shall be a misdemeanor, and punisable by a fine not exceeding $10, or imprisonment not exceeding ten *Not so numbered in ordinance.

days for each offense. (Ordinance relating to Brooklyn, Far Rockaway and Arverne.)

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* § 548. No person shall paste, post, paint, print or nail upon any of the curb, gutter or flag stones, trees, lamp-posts, awning posts, horse posts, telegraph poles, barrels, boxes, and hydrants in any street, avenue or public highway of The City of New York, any handbill, poster, notice, sign or advertisement, under a fine of $10 for each and every offense. (Ordinance relating to Manhattan and Brooklyn.)

XXIII. Ball Playing and Throwing of Missiles.

* 549. No bean shooter or other instrument for throwing bullets, stones or beans, shall be sold or offered for sale in The City of New York, nor shall any bean shooter or other such instrument be used in said City by any person for throwing bullets, stones or other missiles or carried in said City by any person, with the intention of being so used, under a fine of not to exceed ten (10) dollars for each and every offense; nor shall any person throw or cast any stone, stick or other missile in, from or to any street, lane, public place or unenclosed ground under pain of a like fine for each and every offense. (Ordinance relating to Brooklyn.)

XXIV. To Prevent Injury to Hose at Fires.

* § 550. The driver of any vehicle who shall drive any such vehicle over or across any hose in use, or about to be used, or while lying in the carriage-way after being used in any street, avenue or public place in The City of New York, by any portion of the Fire Department, for extinguishing any fire that may occur within the limits of said City, shall be deemed guilty of a misdemeanor, and on conviction thereof before any Police Magistrate, shall pay a fine of $10, or in default of the payment of such fine, by imprisonment, provided such imprisonment does not exceed ten days.

* 550a. The provisions of the last preceding section shall not apply to drivers of wagons carrying the United States mail, to drivers of ambulances, when conveying any patient or injured person to any hospital, or when proceeding to the scene of any accident by which any person or persons have been injured, or to any driver of any vehicle who may be permitted to drive over or across any such hose by the officer of the Fire Department in command of the force operating at any such fire, and under his direction. (Ordinance relating to Manhattan.)

XXV. Conduct of Trade on Streets.

* § 551. No peddler, vender, hawker or huckster, who plies a trade or calling of whatsoever nature on the streets and thoroughfares of The City of New York, shall blow upon or use or suffer or permit to be blown upon or used, any horn or other instrument, nor make or suffer or permit to be made any improper noise tending to disturb the peace and quiet of a neighborhood, for the purpose of directing attention to his wares or trade or calling, under a penalty of not more than five dollars for each offense.

* § 552. The terms of this ordinance shall not be construed to annul the privilege granted to licensed venders, to stand for the sale of their wares on Ninth avenue, between Thirty-eighth street and Forty-second street, Borough of Manhattan, as provided for in the resolution adopted by the Board of Aldermen on July 1, 1890. (Ord. app. July 2, 1909.)

*Not so numbered in ordinance.

XXVI. Animals Running at Large, and Impounding the Same.

* § 553. The Mayor shall appoint proper persons as masters of the public pounds, who before entering upon the duties of their office, shall take and subscribe an oath or affirmation well and truly to execute the duties of their office.

* 553a. All horses, swine or neat cattle found at large in violation of this article may be taken by any person or persons and driven or carried to such place as may be designated by the Board of Aldermen as a public pound. It shall be the duty of the Pound Master or person having charge of such public pound to enter in a book, to be kept by him for that purpose, the names and places of abode of all persons who may bring any such horses, swine or neat cattle to such pound and the time of bringing the same respectively; no person shall receive any compensation for driving or bringing any horse, neat cattle or swine to any of the public pounds.

* § 553b. If the owner of any such horse, swine or neat cattle, or any other person entitled to redeem the same, shall appear and claim the same at any time before a sale thereof, it shall be the duty of the Pound Master to deliver the same on receiving the amount of his fee for keeping and feeding the same, not exceeding one dollar for each beast for every twenty-four hours, and at that rate for any less period of time.

* § 554. It shall be the duty of the Pound Master, on making any delivery of swine or neat cattle before sale, or on payment of surplus money after sale, to obtain from the person or persons claiming the same, his, her or their name or names and residence; and once in each month to report to the Corporation Counsel the same, and the name or names of all persons claiming horse, swine, or neat cattle, and their places of residence, the date when the same were sold or redeemed, and the names of the persons leaving the same at the pound.

* § 555. If no person shall appear to claim such horses, swine or neat cattle within three days after the same may have been impounded, it shall be the duty of the Pound Master to give three days' notice of the sale thereof.

*§ 556. Such notice shall contain some general description of the beasts impounded, and shall be posted up in some conspicuous place at said public pound and in the City Hall of the City of New York, and shall also be inserted in two or more of the public newspapers published in the City.

* § 557. In case of the sale of any impounded horses, swine or neat cattle, the said Pound Master shall retain, out of the proceeds of such sale, sufficient to pay the amount of his fees and all charges incurred by him on account of said horse, swine or neat cattle.

* § 558. If, after any such sale, and whilst the proceeds thereof remain in the hands of the said Pound Master, the former owner of any horse, swine or neat cattle shall appear and claim the same, it shall be the duty of the said Pound Master to deduct from the proceeds of such sale the fees and charges as provided in the last preceding section, to ascertain the name and residence of such owner, and to pay over the residue of the proceeds of such sale to the person so claiming to be the owner.

* § 559. It shall be the duty of the said Pound Master, once in every month, to account to the Comptroller of The City of New York for all moneys received or expended by him by virtue of this article, and to pay over to the said Comptroller all such moneys remaining in his hands, after deducting his legal fees and charges. (Ord. app. July 9, 1908.)

XXVII. To Prevent Public Display of Indecent Pictures.

* § 560. No person shall post, paste, print, nail, maintain or display upon any billboard, fence, building, frame or structure, and in any man*Not so numbered in ordinance.

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