« EelmineJätka »
or license authorizing the same. Hereafter, such sheds shall be constructed subject to the regulations and under the authority of the commissioner. Any owner or lessee of a pier, or of a pier or bulkhead, or a part thereof, in respect of which the commissioner shall have granted such a permit or license, shall be entitled to the use of the premises so owned or leased by them and no vessel shall be placed in any berth on such pier, or bulkhead, or part thereof, without the consent of such owner or lessee, during the continuance of his permit or license. The commissioner shall have power to build sheds or structures on any wharf or bulkhead belonging to the city, with full authority to lease the same; and any lessee thereof shall have all the rights and privileges above granted. (Charter, $ 844.)
32. Platforms for fish trade.-The lessee of any waterfront property, to whom lease has been or may hereafter be granted for the use of the wholesale fish trade, may erect and maintain thereon, during the terms of any such lease or any renewal thereof, such platforms, sheds, stands or other structures suitable to the business of the wholesale fish trade as may be approved by the commissioner. (Charter, $ 871.)
$ 33. Opening asphalt pavements on waterfront property. 1. Applications.-Applications to open asphalt pavement under the control of the department must be made to the commissioner. They shall be accompanied by an agreement from the company which has the contract for the maintenance of the pavement, if any, to relay it at the expense of the permittee.
2. Bond. The permittee shall give a bond, to be approved by the commissioner and conditioned to indemnify and save harmless the city, its officers, agents and servants, against and from all damages, cost and expense which they may suffer or to which they may be put, by reason of injury to the person or property of another, resulting from carelessness or negligence on the part of the permittee and his agents.
3. Conduct of work. Work under the permit shall be commenced within 10 days after the date of issue, and the permit shall be void at the end of that time, unless reissued. The permit shall be left during the whole time of construction in charge of the foreman at the work. The department of health shall be notified by the permittee of the time and place of making the excavation, in order that the premises may be disinfected. All work under such permit shall be wholly at the expense of the permittee and shall be so conducted as to cause the least possible inconvenience to public travel, residents and private businesses. It shall be done so as not to interfere with the telegraph, telephone, electric light and other subways, water mains or service connections, gas or other pipes, nor with sewers or house connections. All rock within 5 feet of a water, gas or pipe main shall be removed without blasting. All snow and ice upon the pavements within 5 feet upon either side of the opening shall be removed within 24 hours after it falls or forms. The trench, after the main is laid, shall be filled with clean earth, well rammed down as
4. Weather delays. Whenever in consequence of the weather or any process of law, or other unexpected obstacle, the work shall be
stopped for so long a time that public travel shall be obstructed, the trench shall be refilled and repaved as if the work contemplated in the permit was actually completed.
5. Laws and ordinances to be complied with. All work done under the permit shall be performed in accordance with the requirements of the commissioner, and in strict compliance with all applicable laws and ordinances, and the rules and regulations of the city departments established for the purpose of enforcing them.
6. Restoration of pavement. When the pavement opened consists of stone blocks, the work of restoring same shall be begun within 24 hours after notice from the commissioner so to do, and completed as rapidly as possible to the satisfaction of the commissioner, and in case of failure to so commence and complete the work it may be done by the commissioner in such manner as he deems proper and to his satisfaction, and the permittee shall agree to pay the cost of restoring same as shown by the books and accounts of the department of docks and ferries. Where the pavement opened is asphalt the permittee shall agree to send an order to the asphalt company which has the contract for the maintenance thereof to re-lay it at the expense of the permittee and to send a duplicate copy of the order to the chief engineer of the department. It shall also agree to pay the cost of such relaying and the cost of inspecting the work by the department.
7. Revocation of permit. The commissioner shall have the right to revoke the permit at any time. (Rule 13, rearranged.)
$ 34. Floating docks.-Floating docks may be used, with the consent of the owners of the piers or bulkheads, respectively, occupied for such use, or of the persons entitled to collect wharfage for such piers or bulkheads, for the purpose of taking up ships or vessels for repair, coppering or finishing; subject to the provisions of all statutes and ordinances regulating the use of the slips, piers and wharves of the city. (Charter, 8 870.)
$ 35. Violations. Any owner, lessee, occupant or agent of any waterfront property who shall place or permit the erection, placing or maintaining
of any erection or any structure, for which permit has not been duly obtained from the commissioner, shall forfeit and pay a penalty of $100, in addition to all damages for each and every violation of any provision of this article; and there shall be a further penalty of $25 a day for each and every day which shall elapse until any such erection or structure so placed shall be removed, after the expiration of the time, specified in any notice for the removal thereof has been served upon such owner, lessee, occupant or agent. (Chare ter 827.)
MAINTENANCE OF WHARF PROPERTY
Sec. 50. Cleaning, repairing and dredging waterfront property.
§ 51. Overloading waterfront property:
$ 55. Sale of seized merchandise, vehicles, etc.
Sec. 50. Cleaning, repairing and dredging waterfront property. The owner, lessee and occupant of any waterfront property shall keep the same cleaned and in repair, and he shall keep the slips adjacent thereto properly dredged. Whenever, in the judgment of the commissioner, it shall be necessary so to do, written notices shall be served upon the owner, lessee or occupant of any pier, wharf or bulkhead, or the slip adjoining the same, on or in which cleaning, repairs or dredging are required, specifying the nature and extent of the requirement and the time within which it must be done. (Rule 14.)
§ 51. Overloading wharf property.--No cargo, goods or merchandise shall be discharged from any vessel upon any pier, bulkhead, wharf structure or marginal street, wharf or place, at which such vessel is being unladen, after a departmental notice has been served upon the owner, consignee, master or other officer of such vessel, or stevedore, that the same will be endangered by the placing of such cargo, goods or merchandise thereon. No additional cargo, goods or merchandise shall be stored upon a marginal street, wharf or place after a departmental notice has been served upon the owner, consignee, agent or representative of such owner or consignee of such cargo, goods or merchandise, that such marginal street, wharf or place, or the pavement and surface thereof, will be endangered by an additional burden. In order that the surface of pavement and cover plates of the marginal streets, wharves and places shall not be damaged, cargo, goods or merchandise in excess of 12 tons shall not be transferred on any truck upon or over any marginal street, wharf or place, except by special license or permission of the commissioner; nor shall cargo, goods or merchandise be stored or stacked upon any marginal street, wharf or place in excess of 1,000 pounds per square foot, except by special license or permission of the commissioner, and in such manner and method as he may direct. (Rule 3.)
$ 52. Obstruction by goods, merchandise and materials. 1. In sheds. The lessees or occupants of any waterfront property which has been covered in whole or in part with a shed, shall not allow goods, merchandise, cargo or material of any kind to be discharged thereat or placed thereon, to remain upon the part thus shedded for a period longer than 5 days, without the written permission of the commissioner. (Rule 9.)
2. Generally. Except as otherwise provided in this section, all goods, merchandise and materials of every kind, landed or placed on any waterfront property, must be removed therefrom within 24 hours. After a departmental notice has been served upon the owner, shipper or consignee of any cargo, to remove the same, a penalty of $25 shall be paid for each and every day during which any part of such goods, merchandise or material shall remain upon such waterfront property, after the expiration of said 24 hours, to be recovered from such owner, shipper or consignee, severally and respectively.
3. Removal and storage by department. All goods, merchandise and materials of every kind incumbering any waterfront property,
after the time designated for the removal thereof shall have expired, shall be liable to be removed by the commissioner to any warehouse or yard, at the sole risk and expense of the owner or consignee of any such goods, merchandise or materials, and all expense incurred for such removal and storage, or otherwise, shall be and become a lien thereon, and they shall not be delivered to the owner or consignee until the same has been paid. (Rules 4 and 9.)
8 53. Vehicular obstructions.-No unharnessed truck, cart, wagon or vehicle of any description shall be placed or left at any time on any marginal street, wharf, or place, or on any bulkhead, pier or reclaimed land, within the charge and control of the department, under a penalty of $3, to be recovered from the owner thereof. Any unharnessed truck, cart, wagon or vehicle of any description placed or left on any marginal street, wharf or place or on any bulkhead, pier or reclaimed land, under the charge and control of the department shall be removed by a person and to a place to be designated by the commissioner, and an additional charge of not less than 50 cents per day, for storage, shall be and become a lien thereon, and such unharnessed truck, cart, wagon or vehicle shall not be delivered to the owner, until said fine and storage charge shall have been paid. (Rule 10.)
$ 54. Removal of incumbrances and obstructions.—Whenever any wharf, pier, bulkhead or marginal street, shall be incumbered, or its use interfered with by merchandise, lumber, trucks, wagons or any other obstruction, whether of loose materials or structures built upon or affixed to such waterfront property without authority of law, the commissioner shall notify the person placing or keeping such merchandise or other obstruction thereon to remove the same, within 24 hours after such notice. Whenever the commissioner shall make any order or give any direction in pursuance of the power conferred by this section, the owner, consignee or person in charge of the merchandise, property, or vessel in reference to which such order or direction is given, shall comply with the same without unreasonable delay, or, in default thereof, the commissioner may employ such laborers and assistance as may be necessary to carry out such order or direction, by the removal of the material, merchandise, or vessel in reference to which the same was given. All expenses, actually and necessarily incurred in effecting such removal, shall be paid by the owner, consignee, or person in charge of the material, merchandise, or vessel so removed, and the amount thereof shall be a lien upon the same, in favor of the department, which may be enforced by proceedings instituted by and its name, according to the provisions of laws concerning attachments against vessels. The commissioner shall, for the purposes of this section, be deemed a creditor of such owner, consignee or person in charge, and each of them, for the amount of the expenses so incurred and may have and maintain an action against them or either of them, to recover the same. (Charter, $$ 849, 850, 851, abridged.)
g_55. Sale of seized merchandise, vehicles, etc.-During the months of January and July in each year, the commissioner shall advertise for 1 week, in the City Record, the merchandise, lumber, trucks, wagons or other incumbrances and obstructions which have been so stored and which have remained unclaimed, setting forth the marks and numbers thereon, the descriptions thereof and the designation of the waterfront property from whence the same was removed and the date of such removal. If any of such merchandise, material or vehicle so advertised shall remain thereafter unclaimed for 3 months, the commissioner may then sell the same, after further advertisement for 1 week in the City Record, at public auction to the highest bidder. The proceeds of such salé shall be used to pay the expenses of the removal, storage and sale of such incumbrances or obstructions, and any balance thereof shall be held in trust by the commissioner for the owner or owners thereof, for 12 months, when, if not claimed, it shall be paid over to the commissioners of the sinking fund. (Charter, $$ 849-851.)
$ 56. Public hacks.—No public hack or other vehicle shall stand or be allowed on any pier for the purpose of carrying passengers for hire from the pier, over the streets of the city without a permit. (Rule adopted 1914.)
$ 57. Violations.-Any person violating any provision of this article, or neglecting or refusing to comply with any order of the commissioner, made thereunder, shall, except as otherwise provided in this article, pay a penalty of $100 for each such violation or neglect or refusal to comply with such order, and the offender shall pay a further penalty of $25 for each day such violation or neglect or refusal to comply with the order shall continue. (Charter g 927.)
DISCHARGE AND STORAGE OF CARGOES
Sec. 60. Jurisdiction of commissioner.
$ 61. Manner of discharging cargo.
63. Inflammable material.
64. Building material. Sec. 60. Jurisdiction of commissioner. The commissioner shall have
power, from time to time, to make such general rules and regulations and give such directions as will secure dispatch in loading and unloading vessels, and the prompt removal of the same from the piers as soon as completed, and also such as shall be necessary to prevent any unnecessary accumulation of freight or merchandise upon any pier or wharf, while any vessel shall be engaged in receiving, or discharging her cargo; provided, however, that this power shall not be exercised in reference to any obstruction or incumbrance upon any pier or wharf occupied by any regular line of steamboats or steamships, or by any railroad company, except upon the written request of the occupant or lessee of such pier or wharf. (Charter, $ 849.)
$61. Manner of discharging cargoes. 1. Sand and gravel.-No sand, gravel or similar material shall be discharged from or loaded into any vessel, unless canvas or similar material be extended from the vessel's side to the bulkhead or wharf structure at which such vessel is being unladen, to prevent the falling of the sand into the