§ 7. No areas, steps, courtyards or other projections, except show windows not exceeding eighteen (18) inches in width and signs not projecting more than twelve (12) inches from the house lines, shall hereafter be built or erected or made upon Melville street, between Morris Park avenue and West Farms road, in the Borough of The Bronx, while said Melville street remains at its present width of fifty (50) feet. (Ord. app. April 21, 1908.) § 8. No areas, steps, courtyards or other projections, except show windows not exceeding eighteen (18) inches in width and signs not projecting more than twelve (12) inches from the house lines, shall hereafter be built or erected or made upon Van Buren street, between Morris Park avenue and West Farms road, in the Borough of The Bronx, while said Van Buren street remains at its present width of fifty (50) feet. (Ord. app. April 21, 1908.) § 9. No areas, steps, courtyards or other projections except show windows not exceeding eighteen (18) inches in width and signs not projecting more than twelve (12) inches from the house lines, shall hereafter be built or erected or made upon Victor street, between Unionport road and Rhinelander avenue, in the Borough of The Bronx, while said Victor street remains at its present width of fifty (50) feet. (Ord. received from Mayor July 21, 1908.) § 10. No areas, steps, courtyards or other projections except show windows not exceeding eighteen (18) inches in width and signs not projecting more than twelve (12) inches from the house lines, shall hereafter be built or erected or made upon Adams street, between Bronx Park avenue and West Farms road, in the Borough of The Bronx, while said Van Buren street remains at its present width of fifty (50) feet. That any person or persons who shall hereafter make, build or erect any area, steps, stoops, courtyard or other projection in contravention of this ordinance shall be guilty of a misdemeanor, and shall be liable to a penalty of ten dollars ($10) for each offense, and to a penalty of ten dollars ($10) for each and every day that such offense shall continue. (Ord. received from Mayor July 21, 1908.) Article V.-Rules and Regulations for the Use of Grand Boulevard and Concourse in the Borough of The Bronx. § 11. In pursuance of the provisions of section 9 of chapter 130 of the Laws of 1895, and on the designation thereof by the President of the Borough, the following rules and regulations are hereby established for the use of the Grand Boulevard and Concourse, in the Borough of The Bronx: RULE 1. No areas, steps, courtyards or other projections shall be built, erected or made upon the Grand Boulevard and Concourse, between East 161st street and Mosholu parkway or upon any extension of the same, or upon the transverse roads of said Grand Boulevard and Concourse in the Borough of The Bronx, at East 165th street, between Grant avenue and Gerard avenue. East 167th street, between Sherman avenue and Gerard avenue. East 170th street, between Grant avenue and Walton avenue. Tremont avenue, between Anthony avenue and Morris avenue. Burnside avenue, between Ryer avenue and Morris avenue. Kingsbridge road, between Valentine avenue and Morris avenue. Bedford Park boulevard, between Briggs avenue and Jerome av enue. East 204th street, between Mosholu parkway and Jerome avenue, or upon the transverse road and parkway at Belmont street, between Weeks avenue and Townsend avenue. RULE 2. Any person or persons, who shall hereafter make, build or erect any areas, steps, stoops, courtyard or other projection, in contravention of these rules and regulations, shall be guilty of a misdemeanor, and shall, in addition thereto, be liable for a penalty of ten dollars for such offense, and ten dollars for each and every day that such offense shall continue. (Ord. app. May 28, 1908.) Article VI.-The Removal of Buildings in the Borough of The Bronx. § 12. No person shall remove, or cause or permit to be removed, or shall aid or assist in removing any building into, along or across any street, avenue, lane, alley or public place in the Borough of The Bronx, City of New York, without permission of the President of said Borough, under the penalty of two hundred and fifty dollars ($250) for each offense. (Ord. app. August 10, 1906.) PART XVI. Wherever in the foregoing ordinances no specific penalty is provided for the violation of any such ordinance, the penalty for the violation thereof shall be the sum of ten dollars ($10). (R. O. 1897, sec. 786, with verbal changes.) Adopted by the Board of Aldermen October 30, 1906. The above is the date of the adoption of entire foregoing Code, excepting the amended sections where otherwise indicated. NOTE. The question is frequently asked whether every violation of the ordinances is a misdemeanor. By section 85 of the Consolidation Act (ch. 410, L. 1882) every violation of the ordinances was specifically declared to be a misdemeanor. When the Greater New York Charter went into effect (1898) section 85 of the Consolidation Act had been revised by section 50, which dropped the misdemeanor clause, and merely gave the Board of Aldermen the power to impose "such fines, penalties, forfeitures or imprisonment as may by law be prescribed." In the Revised Charter of 1901 this is section 44. Section 41 of the 1901 Charter continued all ordinances not inconsistent with the Charter in force. The revised ordinances of 1897, section 786, made all violations liable to a penalty of ten dollars. This has always been interpreted as meaning that since January 1, 1898, when the new Charter went into effect, the violation of an ordinance made the party liable to a suit to recover the penalty in a civil action only, unless the section violated expressly declared the offense to be a misdemeanor. The old Police Magistrates were invested by chapter 233, Laws 1895, with power to impose fines "in all cases of arrest for offending any ordinance of The City of New York." This power was transferred to the City Magistrates by chapter 601, Laws 1895, and continued in them by section 1392 of the original and amended Charters. This would clearly seem to give the City Magistrates jurisdiction where the ordinances have specifically made an offense a misdemeanor. INDEX. The section references are to the official section numbers. (B.) refers to Brooklyn. A. Accidents. (See Barriers to Prevent.) Advertising matter. (See Handbills.) Adams Street. (See Bronx.) Advertisements, indecent pictures as, forbidden Alarms of fire. (See False Alarms of Fire.) Aldermen, board of: reports of committee, how made. Ashes. (See Streets.) Auctions: regulations concerning. penalty for violation. how constructed.. in parks. (See Parks.) Arverne-by-the-Sea, special ordinances of ..... depositing on wooden floors (B.). Atlantic Avenue Railroad crossing (B.). Automobiles in parks. (See Parks.) Automobiles: regulations in Manhattan. using streets. (See Rules of the Road.) Awnings. (See Obstructions, Encroachments, Borough Presidents.) erection of.. control of Borough President over. owners liable for damages from. license for may be revoked. 184 40 185 40 192 41 221-3 48 421 Blasting of rocks: regulations. SECTION. PAGE. 543-5 125, 126 Board of Aldermen. (See Aldermen.) Board of Commissioners of Sinking Fund. (See Sinking Fund.) Botanical gardens in Bronx. (See Parks.) Borough Presidents. (See Pavements. Areas, Streets, Sidewalks, Vaults, Monument |