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oner, or shall do or attempt to do injury to such institution or the appurtenances thereof or any property therein, or shall attempt to escape, or shall combine with any one or more persons for any of the aforesaid purposes, the officers of such institution shall use all suitable means to defend themselves, to enforce discipline, to secure the persons of the offenders and to prevent any such attempt to escape, and the officer in charge of such institution in which such person is confined shall punish him by solitary confinement, and by being fed on bread and water only, for such length of time as may be considered necessary; but no other form of punishment shall be imposed, and no officer of any such institution shall inflict any blows whatever upon any prisoner, except in self-defence or to suppress a revolt or insurrection. In every case the officer imposing such punishment shall forthwith report the same to the commissioner and notify the surgeon of the institution. Such surgeon shall visit the person so confined and examine daily into the state of his health until he shall be released from solitary confinement and return to labor. The surgeon shall report to the commissioner and to the officer in charge of such institution whenever, in his judgment, the health of the prisoner shall require his release. (Charter, $ 702.)

87. Records.-The commissioner shall keep and preserve a proper record of all persons who shall come under his care or custody, and of the disposition of each such person, with full particulars as to the name, age, sex, color, nativity and religious faith of each, together with a statement of the cause and length of detention of each such person. (Charter, 8 699.)

CHAPTER 8

Docks, Ferries and Harbor Control

Article 1. General provisions.

2. Apportionment of wharf property.
3. Buildings and structures on waterfront property.
4. Maintenance of wharf property.
5. Discharge and storage of cargoes.
6. Wharfage rates.
7. Ferries.
8. Protection of navigation.

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Sec. 1. Definitions.-Wherever used in this chapter, the following terms shall respectively be deemed to mean:

1. Canal-boat, a vessel built for navigating the canals of the State, measuring not more than 98 feet in length nor more than 18 feet in width and whose registered net tonnage does not exceed 150 tons. (Rule of Department.)

2. Day, 24 consecutive hours from the time of day or night when a vessel is berthed at a pier or slip. (Charter, § 861.)

ARTICLE 2

APPORTIONMENT OF WHARF PROPERTY

Sec. 10. City purposes.

§ 11. Floating baths.
Š 12. Recreation piers.
§ 13. Canal boats.

14. Docks for garden produce.
15. Oyster and other shell fish traffic.
16. Powers of dock masters; penalty for refusing to obey their

directions. § 17. Intrusion of other vessels into canal boat territory. Š 18. Disobedience of orders of commissioner. Sec. 10. City purposes. The commissioner of docks shall designate and set apart suitable and sufficient wharves, piers, bulkheads, slips and berths in slips for the use of the several departments of the city. (Charter, § 836.)

Š 11. Floating baths. The commissioner shall, upon the requisition of the respective borough presidents, furnish free of charge, in the vicinity of such locations as shall be designated by them, accessible, convenient and safe berths for mooring free floating baths. (Charter, 8 834.)

§ 12. Recreation piers.—The commissioner is hereby authorized to set apart, from time to time, such piers as he shall deem necessary for the purpose of public recreation and for the convenience of dealers in country produce and other merchandise transported to the city for sale. He is hereby authorized to construct or rebuild the piers set apart under the provisions of this section, in such manner as shall provide a deck or upper story thereon and the necessary approaches thereto, which shall be wholly free to the public for recre ational purposes without the interference of business occupations. The lower deck or street level floor of each such pier shall be reserved for the use of boats and vessels plying upon the canals and tidal waters of the state and bringing merchandise to the city for sale therein. The berthing of boats at such piers shall be under the control of the commissioner, but order shall be maintained by the police department in and around the portions thereof set apart for recreational purposes. Except as herein provided, no wharf property shall be required to be so constructed as to admit of its free use, in whole or in part, for the purposes of public resort and recreation. (Charter, $ 837, revised.)

$ 13. Canal boats.-All the waterfront property commencing at the easterly side of pier new No. 4 to and including the easterly side of pier new No. 7, East river, and all the part of the waterfront from and including the north side of the pier at the foot of West 51st street to and including the southerly side of the pier at the foot of West 54th street, North river, shall, from the twentieth day of March to the thirty-first day of December in each year, be set apart, kept and reserved for the exclusive use and accommodation of canal boats and barges engaged in transporting property on the Hudson river, or coming to tide water from the canals of the state, and for the use of lighters engaged in loading or unloading such boats or barges; and the commissioner or other officers aforesaid shall assign such other accommodations for canal boats and barges, in other parts of the port of New York as may, from time to time, be necessary in receiving or discharging their cargoes. The waterfront property within the limits hereinbefore specified shall not be leased, but shall be reserved by the city for the

use and purposes prescribed in this section. During the time specified and when the slips and wharves connected therewith shall be required for the use of canal boats and barges, the commissioner, and all officers who now are or hereafter shall be empowered by law or ordinance to regulate or station ships and vessels in the port of New York, shall prohibit and prevent all other boats, ships or vessels from entering any of the slips, or approaching or lying at any of the wharves within the districts aforesaid. (Charter, $g 854, 854a, 865.)

§ 14. Docks for garden produce.-All waterfront property on the Hudson river, from Gansevoort to Little West 12th street, shall be set apart by the commissioner for the use of boats, barges and other vessels engaged in the business of transporting farm and garden produce, at such rates of wharfage as have been or may be lawfully established, and the commissioner may, from time to time, when any of such waterfront property is not in actual use for the purposes above mentioned, designate and appropriate the same for any public or general use; provided such designation or appropriation shall be subject at any time to revocation by the commissioner. (Charter, § 858.)

§ 15. Oyster and other shell fish traffic.—The commissioner may grant permits for vessels or floating structures, engaged in the oyster business and used for the receipt, preparation and opening of oysters and other shell fish, to remain continuously moored to or at any waterfront property, not otherwise specifically appropriated by law or ordinance to the sole use of other kinds of commerce, upon such terms as to wharfage and otherwise, and subject to such regulations as the commissioner may prescribe. All permits so granted by the commissioner shall be subject at any time to revocation by him. Upon any such permit being granted, the person receiving the same, shall be entitled to moor such vessels or floating structures, continuously and until the permit shall be revoked, to or at the dock, pier or bulkhead designated therein, subject to the terms of such permit; provided, however, that, where the city is not the owner of the dock, pier or bulkhead designated in such permit, the consent of the owner of the same, or of the person or persons entitled to collect wharfage therefrom, shall have been obtained. (Charter, 8 860.)

g 16. Powers of dock masters; penalty for refusing to obey, their directions.-Each dock master shall have power, within the district assigned to him, subject to the provisions of this code or of any statute:

1. To provide and assign suitable accommodations for all ships and vessels, and regulate them in the stations they are to occupy at waterfront property;

2. To remove from time to time such vessels as are not employed in receiving or discharging cargoes, to make room for such others as require to be more immediately accommodated for the purpose of receiving or discharging cargoes; 3. To determine as to the

fact of such vessels being, fairly and in good faith, employed in receiving and discharging cargoes;

4. To determine how far and in what instance the master and others having charge of ships and vessels shall accommodate each other in their respective situations.

Any master or other person, having charge of any vessel, canal boat, barge or lighter, who shall refuse or neglect to move the same when ordered to do so by a dock master, or who shall resist or forcibly oppose said officer in the discharge of his duties, shall, for every such offense, forfeit and pay the sum of $50, to be recovered with costs of suit, by and in the name of the department of docks and ferries. (Charter, § 867.)

$ 17. Intrusion of other vessels into canal boat territory.-Whenever any portion of the waterfront property mentioned in section 13 of this chapter shall be occupied by any ship or vessel, not entitled to occupy the same according to the provisions of that section, and the proprietor or person in charge of any canal boat or barge specified in said section, shall desire to use the berth or slip occupied by such ship or vessel, the commissioner, upon the request of the proprietor, consignee or person in charge of said canal boat or barge, shall forthwith remove such ship or vessel, as far as may be necessary to accommodate the canal boat or barge. If the commissioner, upon such request, shall neglect or refuse to comply with the same he shall, for each such neglect or refusal, forfeit and pay to the proprietor of the canal boat or barge, the sum of $50, to be sued for and recovered by and in the name of such proprietor, for his use and benefit, in any court of competent jurisdiction. (Charter, § 856.)

§ 18. Disobedience of orders of commissioner.-Any person, in command or in charge of any vessel, who shall neglect or refuse to comply with any lawful order or direction of the commissioner in reference to the removal of any vessel, or who shall resist or obstruct the removal of the same, shall, upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment not exceeding 10 days or by both such fine and imprisonment. (Charter, 8 857, changed.)

ARTICLE 3

BUILDINGS AND STRUCTURES ON WHARF PROPERTY

Sec. 30. Improvement of waterfront property; permit required.

§ 31. Sheds on piers.
§ 32. Platforms for fish trade.
§ 33. Opening asphalt pavement on waterfront property.
§ 34. Floating docks.
§ 35. Violations.

Sec. 30. Improvement of waterfront property; permit required.-No shed, building, office, tally-house, booth, platform or stand shall be erected, nor shall any derrick, hoisting-mast, coal-hopper, sign or advertising device, or obstruction of any kind be placed or maintained on any waterfront property, and no piles shall be driven, nor shall any filling-in or construction, repairs, alterations, removals, dredging or demolitions of any kind be made, on any part of the waterfront of the city, without a written permit therefor being first had and obtained from the commissioner. (Rules 1 and 2.)

$ 31. Sheds on piers.-Whenever any person shall be owner or lessee of any pier or bulkhead, and shall use and employ the same for the purpose of regularly receiving and discharging cargo thereat, such owner or such lessee, with the consent of the lessor, may erect and maintain, upon such pier or bulkhead, sheds for the protection of property so received or discharged; provided they shall have obtained from the commissioner a permit or license to erect or maintain the same, subject to the conditions and restrictions contained in such permit or license; but, when such permit or license has been granted and has been acted upon, it shall not be revoked by the commissioner without the consent in writing of the mayor and of the commissioners of the sinking fund, after due hearing of such licensee. All sheds or structures erected or maintained upon any wharf or pier under any permit or license heretofore granted by the department, or hereafter erected or maintained upon any wharf or pier under any permit or license granted by the commissioner, are declared to be lawful structures, subject to the terms and conditions of the permit

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