occupied by said ornamental projection or any portion thereof may be required for any public improvement, or upon any violation of any of the terms or conditions upon which this permit is issued." A permit for the erection of an ornamental projection shall be deemed to have expired when such projection is taken down, and the space formerly occupied thereby shall no longer be used for the purpose for which the permit was issued, unless a permit for its reconstruction shall have been granted, as provided in section 8 of this ordinance. In case it is thereafter desired to erect an ornamental projection on the said property, the applicant shall comply with all of the provisions of this ordinance. (Id., sec. 6.)

§ 241. Permits as hereinbefore described, and subject to the conditions therein attached, may be issued to the owners of all buildings having ornamental projections, which buildings have been erected or are being erected, and have orna mental projections thereon beyond the building line, without any authorization therefor. (Id., sec. 7.)

§ 242. No fees shall be charged for granting a permit to reconstruct an ornamental projection within the limitations imposed by an original permit therefor. (Id., sec. 8.)

§ 243. Nothing herein contained shall be deemed to conflict with the provisions of the Building Code. No plans for the construction of a building having ornamental projections thereon, beyond the building line, as defined in this ordinance, shall be approved by the Superintendent of Buildings until the permit therefor is filed, as provided by section 5 of this ordinance. (Id., sec. 9.)

§ 244. All fees received by the Borough Presidents or Park Commissioners for the issuing of permits provided by this ordinance shall be accounted for in proper books kept for that purpose and shall be turned over by them to the City Chamberlain and credited to the general fund. (Id., sec. 10.)

§ 245. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall in addition thereto be liable to a penalty of ten dollars for each offence and ten dollars for each and every day that such offense shall continue. (Id., sec. 11.)

IV. Porches, Platforms and Stoops.

§ 246. No person or persons shall hereafter construct any porch over a cellar door, under the penalty of $100. (R. O. 1897, sec. 181.)

§ 247. No person or persons shall construct or continue any platform, stoop or step in any street in The City of New York which shall extend more than one-tenth part of the width of the street, nor more than seven feet, nor with any other than open backs or sides or railings, nor of greater width than is necessary for the purpose of a convenient passageway into the house or building, nor any

stoop or step which shall exceed five feet in height, under the penalty of $100. (Id., sec. 182.)

This has remained practically the same since 1821. The Laws and Ordinances of 1793 provided (p. 12) that no platforms, stoop, steps, etc., should extend more than one-tenth part of the width of the street, and should have open backs and railings. By 1817 there was added the limitation, "nor more than seven feet * * * and for the mere purpose of a passageway into the houses or buildings." See Ordinances 1817, par. XII of Ch. 13. In the Ordinances of 1821 we find the height limited to five feet. R. O., 1821. See notes under sections 180-181 as to areas, and section 219 as to encroachments. Action to remove nuisance outside stoop-line not allow amendment to include structures within stoop-line. City of N. Y. vs. Knickerbocker T. Co., 121 App. Div. 740.

§ 248. Nothing contained in the preceding sections of this article shall be deemed to prohibit the continuance of any porches, doors, stoops, platforms or steps, which were heretofore erected, unless the same shall be complained of to the Board of Aldermen, who may direct their removal or alteration within a reasonable time. (Id., sec. 183.)

This section, with verbal changes, such as the substitution of Board of Aldermen for the Street Commissioner, has been contained in every revision of the ordinances since 1839. "Porches " and Doors" are named as the earlier ordinances included them in the preceding sections herein referred to.

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V. Balustrades and Awnings.

§ 249. All persons who wish hereafter to erect balustrades beyond the street line shall first obtain permission from the Board of Aldermen. (R. O. 1897, sec. 184, with verbal changes.)

§ 250. No balustrade shall hereafter be erected, excepting from the second story of any house; nor shall it project more than one-twentieth of the width of the street wherein it may be erected, nor more than three feet in any case whatever. (Id., sec. 185.)

§ 251. None but iron braces and railings shall be used for balustrades; the strength and firmness shall be tested by the Superintendent of Buildings; and in case he objects to the strength of the same, it shall be made as he shall direct or be removed, under the penalty of five dollars per day. (Id., sec. 186.)

§ 252. Awnings of tin or other light metal or canvas may be erected across the sidewalk of any of the streets of the Borough of Manhattan except Broadway, Fifth avenue, Madison avenue and the Bowery and those parts of Lexington avenue which are distant 200 feet from any intersecting cross street upon which a surface car is operated, provided any and every awning shall not be higher than the floor of the second story of the building, the first floor being the ground floor, but in no case to be covered with wood; and every such awning that may be built on Lexington avenue shall be constructed of steel with glass roof, and every awning or water shed of any kind covering one-half or more than one-half, or less than the full width of the sidewalk shall have connected therewith a gutter and leader of material and size sufficient for conducting the water from

the same to the outer line of the curbstone; a penalty of five dollars for each day such awning or water shed shall remain without such appurtenances to be imposed. (Id., sec. 189, with verbal changes.)

Awnings in the city streets have been the subject of several adjudications. By section 50 of the Greater New York Charter (L. 1901, chap. 466) the Board of Aldermen is given power to regulate the use of the streets for awnings, awningposts," etc. While the Charter says there shall be no permanent obstructions in the streets, this has been held not to apply to awnings where authorized expressly, and the public authorities will be restrained from tearing down an awning built in conformity with the ordinances. Hoey vs. Gilroy, 129 N. Y. 132. Even though an awning may have stood longer than twenty years, if not erected in accordance with the law, the municipal authorities may remove it. Simis vs. Brookfield, 13 Misc. 569. For such an one is a nuisance which the public authorities have no power to permit. Farrell vs. New York, 20 St. Rep. 12; affd. 22 St. Rep. 469. The public sidewalks are held in trust for the use of the public and awnings for private parties cannot be permitted thereon where they unreasonably create a nuisance (1873). Trenor vs. Jackson, 15 Abb. Pr. N. S. 115. An awning, although erected under a permit from the municipal authorities, must not interfere with the adjacent owner in his reasonable enjoyment of his property. Lavery vs. Hanigan, 52 Super. Ct. (20 J. & S.) 463.

§ 253. All awnings erected hereunder, or under and pursuant to this section, shall be erected only with the consent and subject to the supervision of the President of the Borough wherein such awnings are to be erected. (Ord. app. Nov. 10, 1905.)

8254. Any person, firm or corporation erecting any awning hereunder shall be liable for all loss or damage that may happen or come by reason of the erection and maintenance of such awning. (Id., sec. 2.)

§ 255. Nothing herein contained shall be construed to prevent the revocation by the Board of Aldermen of the license to erect any awning hereunder. (Id., sec. 3.)

§ 256. Iron posts for awnings erected in any street in this city shall be well and securely braced from the building with wrought-iron rails or rods at least one inch in diameter, in the proportion of one brace for every post. (R. O. 1897, sec. 188.)

§ 257. All posts fixed in any street for the purpose of supporting any awning shall be of iron not exceeding six inches in diameter, and the rail crossing the same shall also be of iron; the said posts shall be placed next to and along the inside of the curbstone, and the cross rail, which is intended to support the awning, shall not be less than eight nor more than ten feet in height above the sidewalk, and the said cross-rail shall be strongly secured to the upright posts. No portion or part of any canvas or cloth, or tin, or other light metal used as an awning, shall hang loosely or project upward or downward from the same over any sidewalk or footpath, under a penalty of ten dollars for each day's offense. (Id., sec. 190.)

§ 258. It shall be the duty of the President of the Borough in which the same is erected to order and direct any awning post,

bracket or awning which may be erected in any street in The City of New York, contrary to the provisions of this ordinance, to be forthwith removed; and any person who shall neglect or refuse to comply with such direction and order shall forfeit and pay for every such offense the sum of ten dollars. (Id., sec. 191.)

§ 259. Any awning, water-shed or curtain attached thereto, heretofore erected or constructed according to the provisions of any ordinance or resolution in force at the time shall not be affected by the provisions of the foregoing ordinances. (Id., sec. 192.)

259a. Nothing contained in the preceding sections of this article shall be deemed to prohibit the temporary erection and use of an awning with or without side coverings across the sidewalks of any of the streets of the Borough of Manhattan for protection during inclement weather only, provided, however, that such awning shall be made of canvas or cloth and shall be supported by upright posts of iron not exceeding six inches in diameter and not less than eight nor more than ten feet in height above the sidewalk, and shall not be wider than the entrance of the building in connection with which it is to be used and shall leave sufficient space for the passage of pedestrians. (Ord. app. March 23, 1908.)

VI. Signs and Showbills.

$260. Signs, showbills and showboards may be placed on the fronts of buildings, with the consent of the owner thereof, and shall be securely fastened, and shall not project more than one foot from the house wall, except that signs may be hung or attached at right angles to any building and extend not to exceed three feet therefrom in the space between the second floor (the ground floor being considered the first floor) and a point eight feet in the clear above the level of the sidewalk in front of such building. Signs may be attached to the sides of stoops, but not to extend above the railing or beyond the stoop-line of any stoop. No sign, showbill or showboard shall be placed, hung or maintained except as in this section prescribed, under penalty of ten dollars for each offense, and a further penalty of ten dollars for each day or part of a day the same shall continue. (Id., sec. 198.)

Signs have always been allowed at a distance of one foot. See Laws and Ordinances, 1793, p. 18.

Electric Signs.

§ 260a. Any electric letter, word, model, sign, device or representation in the nature of an advertisement, announcement or direction erected at right angles to any building shall be deemed to be an electric sign.

§ 260b. Electric signs may be hung or attached at right angles to buildings and extend not to exceed six feet therefrom in said space, and to be ten feet in the clear above the level of the sidewalk in front of such building, upon the payment of an annual license fee of 10 cents for each square foot of sign space or part of square foot of such sign space, to be collected by the City Clerk of The City of New York. The square feet of sign space on one side of an electric sign, however, shall be deemed to be the entire number of square

feet of sign space for the purpose of computing the license fee herein referred to and required to be paid.

All electric signs shall be constructed entirely of metal, including the uprights, supports and braces for the same, properly and firmly attached to the building, and shall be so constructed as not to be or become dangerous.

Before any permit is issued by the City Clerk plans and statements of the proposed sign and method of attachment to the building must be filed with the Superintendent of Buildings having jurisdiction, as provided in part 2, section 4, of the Building Code, and his certificate of approval be obtained as to the sufficiency of the construction and method of attachment to the building. A certificate must also be obtained from the Department of Water Supply, Gas and Electricity certifying that the proposed electric wiring and electric appliances are in conformity with the rules and regulations of that Department.

A license issued hereunder, before its expiration, or within thirty days thereafter, may be renewed upon payment of the license fee, without the filing of a new set of plans and statements, provided that the old license be surrendered, accompanied by satisfactory proof to the City Clerk in the form of an affidavit that the method of hanging, size and style of sign are the same as when originally licensed and that the wiring of said sign is in good condition.

§ 260c. No certificate shall be given by the Superintendent of Buildings, and no permit shall be issued by the City Clerk, for the erection of electric sign or signs on any building when such building adjoins a building occupied exclusively as a private residence, unless the written consent of the owner or owners of said private residence for the erection of such electric sign be first obtained.

§ 260d. No electric sign shall be placed, hung or maintained, except as in this ordinance provided, under a penalty of ten dollars for each offense, and a further penalty of ten dollars for each day or part of a day the same shall continue. (Ord. app. July 1, 1909.)

Warning Signs to Preserve Peace.

§ 260e. The several Borough Presidents are hereby authorized to erect, within their discretion, on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of intersecting streets, avenues or thoroughfares on which may be located a hospital, lying-in asylum, sanatorium or other institution reserved for the treatment of the sick, a sign or signs displaying the words, "Notice-Hospital Street," and such other warning or admonition to pedestrians and drivers to refrain from making any or such noises or fast driving as may tend to disturb the peace and quietude of any or all of the inmates of any such institution.

§ 260f. Any person guilty of making any unnecessary noise or a failure to drive at a speed not faster than a walk on any of the streets, avenues or thoroughfares which have hereunder been designated as "hospital streets" and for which such warning signs as described in the preceding section have been erected, shall, upon conviction thereof by a City Magistrate, or upon a confession of guilt, be fined