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. (Id., No. 39.)

CHAPTER 4.- FINES AND PENALTIES.

Article I.— Violation of Ordinances, Etc.

§ 21. In case any by-laws, resolution or ordinances of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea be violated or disobeyed, and there shall be no provisions incorporated therein for a penalty for such violation or disobedience, the person so violating or disobeying said by-law, resolutions or ordinance shall forfeit and pay not less than five dollars nor more than fifty dollars, in the discretion of the magistrate before whom such person shall be convicted of such violation. (Id., No. 54.)

§ 22. All fines, penalties or forfeitures for violations of these ordinances may be prosecuted for and collected in the manner prescribed by law, together with the costs of proceedings.

All moneys for fines, licenses or damages which shall be collected under any by-laws, ordinances, rules or regulations of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea shall be paid to the Comptroller of the City of New York within five days after the same shall be collected or received by any officer or person who shall have collected or received the same, for the use of the said City of New York. (Id., No. 39.)

CHAPTER 5.- ABANDONED POLES IN STREETS.

Article I.- Removal of Poles.

§ 23. All telegraph, telephone and electric light poles, wires or conductors which at the time of the passage of this ordinance shall have been standing for three months prior thereto disused or abandoned, or which shall hereafter remain or stand disused or become disused or abandoned in, over or upon any of the streets, avenues, sidewalks, public grounds or public places of that section of The City of New York formerly known as the Village of Arverne-by-theSea shall be forthwith removed. (Ord. July 27, 1897, sec. 2.) § 24. It shall be the duty of the corporation, association, person or persons owning, operating, managing or controlling any disused or abandoned poles, wires or conductors, or any poles, wires or conductors which are dangerous or unsafe, forthwith to take down and remove the same; and a failure to do so is hereby declared a violation of this ordinance and shall constitute disorderly conduct, and the corporation, association, person or persons so violating the same shall be disorderly persons. (Id.)

§ 25. This provision is made a police regulation in and for that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, and in case the owner, owners, operators or persons controlling such wires, poles, conductors or devices shall not cause them to be removed from such streets, sidewalks and public places as in this ordinance required, it shall be the duty of the President of the Borough to remove or cause the same to be removed forthwith. (Id., sec. 3.)

Article II.- Permits for Laying Conduits.

§ 26. It shall be unlawful hereafter for any corporation, association, person or persons to take up the pavements, streets or sidewalks of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, or to excavate in, on or about any of said streets, sidewalks or public places, or in any manner to interfere therewith, for the purpose of laying underground any electrical conductors unless a permit in writing therefor shall have been first obtained from the President of the Borough, and except with such permission, no electrical conductors, wires, conduits or other figures or devices therefor shall be continued, constructed, erected or maintained or strung underground in any part of that section of The City of New York formerly known as the Village of Arverne-by-the-Sea. (Id., sec. 4.)

Article III.- Penalties for Failure to Remove Poles.

§ 27. For every violation of this ordinance the corporation, association or individuals violating the same shall be liable to a penalty of five dollars per day for every pole allowed to remain within that section of The City of New York formerly known as the Village of Arverne-by-the-Sea, after notice to remove the same shall have been given by the President of the Borough. (Id., sec. 5.)

§ 28. In addition to this penalty, it is ordained that any violation of this ordinance shall constitute disorderly conduct, and the corporaton, association, person or persons violating the same shall be disorderly persons. (Id., sec. 6.)

PART XI.

Ordinances Relating to that Section of the City of New York Formerly Known as the Village of Port Richmond.

CHAPTER 1.- GENERAL REGULATIONS.

Article I.- Bathing.

Section 1. No person shall be allowed to bathe publicly in a state of nudity or partial nudity anywhere within that section of The City of New York formerly known as the Village of Port Richmond, between the hours of five o'clock

A. M. and eight o'clock P. M., under the penalty of two dollars for each offense. (By-law Village of Port Richmond, passed June 4, 1872, with verbal changes.)

Article II.- Injuring Street Signs.

§ 2. It shall not be lawful for any person to injure, deface, obliterate, mar, remove, take down, loosen, destroy or in any other manner interfere with or disturb any of the signboards containing the names of the public roads, avenues, streets or places, whether such signboards are now or may hereafter be erected or put up, or whether they may be upon public or private property, under a penalty of ten dollars for each and every offense. (Id., as amend. sec. 20.)

Article III.- Filling in Streets, Etc.

§ 3. No person, without being previously authorized by a permit of the President of the Borough, shall fill in or raise, or cause to be filled in or raised, any road, avenue, street or other public place in that section of New York City formerly known as the Village of Port Richmond, or any part of such road, avenue, street or other public place, or take up, remove, or carry away, or cause to be taken up, removed or carried away, any turf, stone, sand, clay or earth from any such road, avenue, street or public place, under the penalty of ten dollars for every such offense; and every person so offending shall be further liable for all expenses and damages which The City of New York may incur in restoring such road, avenue, street or other public place to its original condition, to be recovered with cost of suit. (By-law, June 4, 1872, amend 1878 and 1885, sec. 6.)

Article IV.- Dedication of Streets.

4. No avenue or street in that section of New York City formerly known as the Village of Port Richmond, the width whereof is less than fifty feet, shall hereafter be accepted as a public street or highway; nor shall the same be accepted unless the carriageway and sidewalks shall have respectively been properly graded and regulated and shall severally be in good order and condition for convenient use, with sufficient gutters for the drainage of the same, and of the waters from adjoining lands. (Id., sec. 8.)

Article V.- Drains.

§ 5. All drains leading across any sidewalk shall be constructed of hard brick and stone, and covered with flat stones of even surface, with straight edges laid close. Ordinary gutters across sidewalks shall be formed of oblong strips of flat stones of even surface, with straight edges, respectively not less than two feet in length, laid beveling to the centre of such gutter, or of such materials and in such manner, as the President of the Borough shall approve

of and authorize. (By-law, June 4, 1872, as amend. sec. 9, with verbal changes in the following sections.)

Article VI.- Sidewalks.

§ 6. No sidewalk in that section of The City of New York formerly known as the Village of Port Richmond, laid wholly or in part with flagging, shall hereafter be taken up, or the flagging removed therefrom, or the grade thereof altered for any purpose whatever except previously authorized by the President of the Borough, under penalty for each offense of ten dollars, to be forfeited and paid for each and every person offending in the premises, and, when so taken up, or when any sidewalk shall be broken, dug up, or in any wise injured by, or by the direction of any person, the same shall be well and sufficiently repaired and reinstated by such person within such time as shall be specified for that purpose, in any written or printed notice from the President of the Borough, served upon such persons or upon the occupant of the premises adjoining such sidewalk, under the penalty of ten dollars, and a further penalty of two dollars for each and every day after the expiration of time so specified in such notice, such person shall omit or neglect to repair and reinstate the same. (Id., sec. 10, as amend. by ord. app. Nov. 23, 1906.)

Article VII.- Obstructing the Streets.

§ 7. It shall not be lawful to encroach upon or encumber any public road, avenue, street or public place in that portion of The City of New York formerly known as the Village of Port Richmond, by any building or by any fence, porch, piazza, stoop, step, staircase, platform, bow window, area, cellar door, or descent into any basement or cellar or by the projection of any sign over or upon any sidewalk or otherwise; and if any person shall hereafter encroach upon or encumber any public road, avenue, street or other public place in that section of The City of New York formerly known as the Village of Port Richmond, or continue any such existing encroachment, encumbrance or projection, in violation of the provision of this ordinance. (Id., sec. 14, in part.)

§ 8. The President of the Borough may give a written or printed notice to the owner of the premises, by service upon such owner, or upon the occupant of the premises, requiring such owner to remove or alter such encroachment, encumbrance or projection within a period to be specified in such notice, and in case of neglect of refusal to comply with such notice, the owner of such premises shall forfeit and pay the sum of ten dollars, and also the further sum of two dollars for each and every day he or she shall neglect or omit to remove or alter any such encroachment, encumbrance or projection, after the expiration of the time specified in such

notice, until the same shall be done, and at any time after the expiration of the time specified for that purpose in such notice, if such encroachment, encumbrance or projection shall not then have been removed or altered, the President of the Borough may, by notice or order, direct, and cause such encroachment, encumbrance or projection to be removed or altered at the expense of the owner or constructor thereof, who shall be liable to The City of New York for all expenses which it may incur by such removal or alteration, together with aforesaid penalties, to be recovered with costs of suit. (Id., sec. 14, in part.)

Article VIII.- Awnings.

§ 9. It shall be lawful for any person to place and fix awnings made of cloth before his or her store, shop or place of business, and to cause such awnings to be supported by posts and a rail thereon, provided such posts and rails thereon be made and placed in the manner hereinafter mentioned, that is to say: Such posts shall not be less than five inches in diameter at the base, nor less than four inches in diameter at the top, shall be placed next to and along the inside of the curbstone, if the sidewalk be curbed, otherwise within six inches of the outer edge of the sidewalk, and shall be seven feet in height above the sidewalk, including the rail on the top, and such posts or rails shall be turned or planed smooth and well painted; and it shall not be lawful to erect or maintain any wooden awnings or shed projecting in part or wholly over any sidewalk, road, avenue, street or public place in that section of The City of New York formerly known as the Village of Port Richmond, without first having obtained the permission of the President of the Borough so to do, under the penalty of ten dollars for each offense, and a further penalty of two dollars for each and every day the same shall be permitted to remain, to be recovered of the owner or occupant of the premises, from which such wooden awning or shed shall project. (Id., sec. 15, in part.)

Article IX.- Gas Mains.

10. It shall not be lawful for any gas company, or for any person to lay any gas main or other pipe in any road, avenue, street or public place in that section of The City of New York, formerly known as the Village of Port Richmond, or to break up or disturb the ground for such or any purpose, unless previously authorized by a permit of the President of the Borough, or otherwise than in conformity with the conditions prescribed, and subject to any restrictions expressed or imposed in and by any such permit, under the penalty of thirty dollars for each offense, and the further penalty of ten dollars for each and every day any company or person shall neglect or omit to com