permit or authority heretofore lawfully issued or given. (Ord. app. June 25, 1903.)

§ 233. All fees received by the Borough Presidents or the Park Commissioners for the issuing of permits for the erection of bay windows 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. (Ord. app. Jan. 30, 1903, sec. 9.)

§ 234. Any person, firm or corporation violating any of the provisions of this ordinance shall be liable to a fine of ten dollars ($10) for each offense, and one dollar ($1) for each and every day that such offense shall continue, which shall be duly sued for and collected. (Id., sec. 10.)

III. Ornamental Projections.

§ 235. The Borough Presidents and the Park Commissioners having jurisdiction shall, subject to the restrictions of this ordinance, issue permits for the construction of ornamental projections which project beyond the building line, provided, in the opinion of the officer having jurisdiction, no injury will come to the public thereby. Permits for the construction of such projections, lying within any park, square or public place, or within a distance of 350 feet from the outer boundaries thereof, shall be issued by the Park Commissioner having jurisdiction, as provided in section 612 of the charter as amended by section 1, chapter 723 of the Laws of 1901. Permits for the erection of all other ornamental projections shall be issued by the Borough Presidents having jurisdiction.

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For the purposes of this ordinance, an ornamental projection" shall be taken to mean and include all decorative projections on the face of a building beyond the building line, in the nature of porches, arches, porticos, pedestals, free-standing statuary, columns and pillars, which are erected purely for the enhancement of the beauty of the building from an artistic standpoint. (Ord. app. April 20, 1903.)

In the recent case of McMillan vs. Klaw & Erlanger, 107 App. Div. 407, this ordinance was held to be unconstitutional. In that case the ordinance was set up as a defense to an action brought by the owner of the property adjoining the New Amsterdam Theatre to compel the removal of certain ornamental pillars erected in front of the theatre on Forty-second street and projecting several feet on the sidewalk. See the opinion and review of cases.

§ 236. Before the erection of any such ornamental projection shall be commenced the owner of the building or his duly authorized agent shall make application in writing to the said Borough President or Park Commissioner having jurisdiction, on suitable blanks furnished by him, for the permit herein provided for, and shall file a plan and drawings showing the nature of the proposed ornament, with the dimensions thereof, the number of stories through which

it is intended to be carried, and the number of square feet of area covered by that portion of the ornamentation projecting beyond the building line.

Each application shall be accompanied by the amount of compensation due the city for the privilege of erecting said ornamentation, as hereinafter provided. (Id., sec. 2.)

§ 237. Each application for the erection of an ornamental projection which projects more than one foot beyond the building line, shall be accompanied by a certified copy of the last assessed valuation of the property on which said ornamental projection is to be erected, which appears upon the books of the Department of Taxes and Assessments. Except as hereinafter provided, the amount that shall be paid as a compensation to the city for the privilege of erecting each ornamental projection, shall be, for each and every square foot or fraction thereof of area extending more than one foot beyond the building line, at the rate of ten per cent. per square foot of the assessed value of the property on which the said ornamental projection is to be erected. (Id., sec. 3.)

§ 238. Ornamental projections which shall extend not more than two feet beyond the building line may hereafter be erected on buildings in the Borough of Manhattan, situated on Broadway to the south of Fifty-ninth street; on Fourteenth street, between Broadway and Sixth avenue; on Twenty-third street, between Third and Sixth avenues; on Thirty-fourth street, between Third and Ninth avenues; on Fifty-ninth street, between Third and Ninth avenues, and on Fifth avenue, between Fourteenth street and Fifty-ninth street, and on all other streets in The City of New York ornamental projections may be erected, provided they shall extend not more than one-fifteenth part of the width of the street they are upon, nor in any case more than five feet beyond the building line. (Id., sec. 4.)

§ 239. The permits mentioned herein shall be issued in duplicate, one of which will be retained by the applicant and kept at the building during the erection of the projection, and the other shall be filed by him with the plans for the building in the Bureau of Buildings. If it shall appear upon completion that the ornamental projection occupies a greater number of square feet than shall have been paid for, the applicant shall pay twice the sum previously paid for each square foot of area occupied by said projection over and above the number of square feet paid for originally, but in no case shall said ornamental projection exceed the limit allowed by law. (Id., sec. 5.)

§ 240. Permits granted pursuant to the provisions of this ordinance are revocable permits, and shall have the following clause printed thereon, viz., "This permit is issued subject to revocation thereof, at any time hereafter by the Board of Aldermen of The City of New York, upon the recommendation of the officer having jurisdiction, when the space

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 ornamental 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.)

8243. 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.)

8 247. 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.)

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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 Ordinance 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.

§ 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.

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.)

§ 254. 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