spicuous and indispensable part of such public cart, on which shall be clearly set forth the official number of the vehicle, with the words "Public Cart." The design or color of the plate shall be changed at the beginning of each license year, which shall be August 1 of each year. (Ord. June 2, 1914.) § 143. License fees.-The following annual license fees shall be paid: All public carts in class A shall pay a fee of.. $2.00 2.00 5 00 5 00 Such license fees shall be in lieu of and not in addition to any fees heretofore established, and, except as above provided, no charge shall be made. (Ord. June 2, 1914.) § 144. Charges.-1. Special contract. The amount to be charged for loading, transporting, or transmitting and unloading of merchandise, household or office furniture, or other bulky articles, by a public cartman, may be agreed upon in advance and such contract or agreement shall control and regulate the employment. In every case where such agreement is entered into, it shall be the duty of the public cartman to furnish the person with whom he contracts a written memorandum, to be signed by both parties or their responsible and authorized representatives, setting forth clearly the terms of the contract. This memorandum shall be upon blanks to be approved by the department. 2. General. The legal rates for transporting merchandise, household or office furniture, or other bulky articles (other than pianos), including the loading and unloading thereof, unless otherwise agreed upon as set forth in the foregoing paragraph, shall be as follows (said charges to commence from the time of arrival of vehicle or vehicles at the place from which articles are to be transported, and to end when articles are delivered): (a) Where a vehicle drawn by 1 horse, and having an inside floor surface of at least 40 square feet is used, $1.25 per hour, said vehicle to be propelled at not less than 3 miles an hour; (b) Where a vehicle drawn by 2 or more horses, and having an inside floor surface of at least 70 square feet is used, $1.50 per hour, said vehicle to be propelled at not less than 3 miles an hour. (c) Where a motor-driven vehicle, having an inside floor surface of at least 70 square feet is used, $1.75 per hour, said vehicle to be propelled at not less than 8 miles per hour; (a) Where a motor-driven vehicle, having an inside floor surface of at least 90 square feet is used, $2.50 per hour, said vehicle to be propelled at not less than 8 miles an hour; (e) For the services of each man in addition to the operator or driver, 50 cents per hour. The number of men to be engaged on any one job or operation is not to exceed four, including the driver, except when specially agreed upon by the person hiring the public cart. In case any vehicle, while engaged in the transportation of merchandise, household or office furniture, or other bulky articles, should break down or become disabled from any cause, no charge shall be made for the period of such disability. 3. Pianos. (a) Where a piano is transported in the same public cart as other articles of household or office furniture, and is part of the same operation or job, an additional charge of not exceeding $1.50 may be made for transporting it. (b) Where a piano is transported as a separate operation or job and the distance travelled is 3 miles or less, the charge therefor shall not exceed $3, including labor and use of vehicle therefor; for each additional mile or part thereof, 50 cents. (c) For transporting pianos either up or down one or more flights of stairs, 50 cents for each flight. (d) For transporting pianos up or down, by means of elevator, $1 additional. (e) Where the handling of a piano involves the use of a hoist, tackle and rigging at either or both ends of the operation or job, a charge of not more than $5 additional will be permitted. 4. Adjustment of disputes. All disputes as to the rate or amount of compensation shall be adjusted by the police officer in charge of the police station nearest to the place where such dispute is had. On failure to abide by the decision, the said load, or a part thereof sufficient to secure charges thereon, shall be taken to a convenient storage warehouse and a notice, in writing, with a brief statement of particulars, shall be sent at once by the public cartman to the commissioner of licenses. (Ord. June 2, 1914.) ARTICLE 12 PUBLIC PORTERS Sec. 150. License required; hotel runners excepted. § 151. License fees. 152. Badge. 153. Impersonation of public porters and hotel runners. 155. Charges. 156. Overcharges. Sec. 150. License required; hotel runners excepted.-No person shall carry, or use any wheelbarrow or handcart to carry, transport or convey baggage, goods, or other things from place to place for hire, wages or pay for such conveyance; nor be at any hotel, boarding house, ferry, steamboat landing, railroad station or depot, and solicit or accept the conveyance of baggage or other articles, without being licensed. This section shall not be construed to prevent any person, employed in an hotel or boarding house, from conveying any baggage or other article thereto or therefrom, by handcart or wheelbarrow, provided the name of the hotel and boarding house, and the keeper thereof, shall be painted distinctly on both sides of the vehicle, and on a badge worn on the front of his hat or cap, so as to be easily and distinctly seen. (C. O., § 329a.) $151. License fees.-Every person on receiving a license to be a public porter shall pay a fee of $1; and the sum of 25 cents upon each renewal of such license. (C. O., § 329c.) All public porter licenses shall be issued as of January 1, and shall expire on the 31st day of December next succeeding the date of issuance thereof. § 152. Badge. Each public porter shall wear, in a conspicuous place about his person, so as to be easily seen, a brass plate or badge, on which shall be engraved his name, the words "Public Porter,' and the number of his license. No public porter shall suffer or permit any other person than himself to carry any article or articles in his wheel or handbarrow, or handcart, nor to wear his badge, or use his name in any way whatever, in the transportation or conveyance of any thing. (C. O., §§ 329d, 329j.) § 153. Impersonation of public porters and hotel runners.-No person shall wear or exhibit any badge purporting to be, resembling or being similar to the badge of a public porter. No person shall represent himself as, or wear or exhibit any badge, inscription, card, or device, purporting or implying that he is employed or authorized by the keeper, proprietor, agent or officer of any hotel, boarding house, vessel, steamboat or railroad company, to solicit, receive or convey persons, baggage, or other things to or from any such hotel, boarding house, vessel, steamboat or railroad company's station or depot, without being actually and duly authorized by such keeper, proprietor, officer or agent so to do. (C. O., §§ 329d, 329k.) § 154. Service obligatory.—Ño public porter or handcartman shall neglect or refuse to transport any article or articles when required so to do, unless he shall then be actually and otherwise employed, or unless the distance he shall be required to go shall be more than 2 miles, under the penalty of $5 for each offense. (C. O., § 329h.) § 155. Charges.-Public porters shall be entitled to charge and receive, for the carrying or conveyance of any article any distance within half a mile, 25 cents if carried by hand, and 50 cents if carried on a wheelbarrow or handcart; if the distance exceeds half a mile, one-half of the above rates in addition thereto, and in the same proportion for any greater distance. No porter or handcartman other than a public porter, wearing his badge as required by this article, shall be entitled to recover or receive any pay or fare from any person, for the transportation of any article. Upon the trial of any cause commenced for the recovery of any porterage, the plaintiff must prove that his badge was worn and the price fixed, agreeably to this section, at the time the services were rendered for which the action was brought. (C. O., § 329.) § 156. Overcharge.-Any public porter who shall ask or demand any greater rate of pay or compensation, for the carrying or conveyance of any article, than is herein provided, shall not be entitled to any pay for the service, and it shall be deemed a violation of this article for him to ask, demand, or receive any greater pay or compensation. (C. O., § 329.) Sec. 160. Definition. § 161. License fees. ARTICLE 13 Sec. 160. Definition; requirements.-Any shooting gallery, in a place open to the public, shall be deemed to be included within the terms of this chapter, and every keeper of a public shooting gallery shall maintain good order and allow no person under 16 years of age to shoot therein. (C. O., § 353.) $161. License fee. The annual license fee for each public shooting gallery shall be $5. (C. O., § 307.) ARTICLE 14 STREET MUSICIANS Sec. 170. Hand organ grinders. § 171. Itinerant musicians. Sec. 170. Hand organ grinders.-No person shall use or perform on a hand organ in any street or public place, unless such hand organ shall be licensed as hereinafter ordained. Upon payment of a license fee of $5 per annum, the commissioner of licenses may grant and issue licenses for such number of hand organs as he may deem proper, not to exceed, however, the total number of 800. The license so granted and issued must be conspicuously displayed at all times upon the front of the hand organ. No person using or performing upon a hand organ shall solicit, ask or request any money for such use or performance in any way, shape or manner, directly or indirectly. No person shall use or perform upon a hand organ in any street or public place, before the hour of 9 a. m. nor after the hour of 6 p. m. of any day; nor during any part of the first day of the week commonly called Sunday; nor within a distance of 500 feet of any schoolhouse or house of public worship, during school hours or hours of public worship, respectively; nor within a like distance of any court, public office, hospital, asylum, or other public institution, nor within a distance of 250 feet of any tenement house, dwelling house or other building, when directed or requested by any occupant thereof to refrain from or discontinue using or performing upon such hand organ. (Adapted from various ordinances.) § 171. Itinerant musicians.-No persons shall use or perform on any musical instrument in any street or public place unless he shall have been licensed as an itinerant musician, as hereinafter provided. Upon the payment of a license fee of $10 per annum, the commissioner of licenses may grant and issue licenses to such number of itinerant musicians as he may deem proper, not to exceed, however, the total number of 800; but no such license shall be granted to any person except upon the affidavits of the applicant and 2 other persons, residing within the city, showing that the applicant has been a resident of the city for at least 1 year prior to his application for the license, and setting forth the different places in which he has resided therein during such period. No person licensed as an itinerant musician shall solicit, ask or request any money for his performance, as such, in any way, shape or manner, directly or indirectly. No person shall use or perform upon any musical instrument in any street or public place, before the hour of 9 a. m. nor after the hour of 6 p. m. of any day; nor during any part of the first day of the week, commonly called Sunday; nor within a distance of 200 feet of any schoolhouse or house of public worship, during school hours or hours of public worship, respectively; nor within a like distance of any court, public office, hospital, asylum or other public institution, nor within a distance of 250 feet of any tenement house, dwelling house or other building, when directed or requested by any occupant thereof to refrain from or discontinue using or performing upon such musical instrument. The provisions of this section shall apply only to itinerant musicians and shall not be construed to affect any band of music or organized musical or religious society engaged in any military or civic parade, or to any musical performance conducted under a license from municipal authority. (Amended by ord. effective Dec. 27, 1915.) The validity of licenses to use musical instruments sustained. Roderick v. Whitson, 51 Hun, 620; People v. Garabel, 20 Misc. 127. 172. Term of license. All licenses for street musicians shall be issued as of January 1, and shall expire on the 31st day of December next succeeding the date of issuance thereof. Adopted December 23, 1916. Became effective January 9, 1917. ARTICLE 15 MASSAGE INSTITUTES Sec. 175. Definitions. $176. Qualifications, license fee and term. § 177. Violations and penalties. Sec. 175. Definitions; character; institutes.—A person who applies manual or mechanical massage or similar treatment to the human trunk or limbs shall be deemed to be intended within the terms of this ordinance a massage operator, but no person comprehended within the provisions of section 219 of the Sanitary Code, entitled Nurses, or section 173 of the Public Health Law, relating to osteopathy, shall be deemed to be intended within the provisions of this ordinance. Any place in which two or more massage operators give treatment shall be deemed to be intended within the terms of this ordinance, a massage establishment or institute. No establishment incorporated as a hospital or sanitarium or comprehended under section 226 of the Sanitary Code, entitled Hospitals, or section 340 of the Sanitary Code, relating to bathing establishments, shall be deemed to be within the provisions of this ordinance. § 176. Qualifications, license fee and terms.-The Commissioner of Licenses, with the approval of the Police Commissioner, shall license in his discretion such operators and institutes as shall have complied with the rules and regulations laid down by the Board of Aldermen and further any such rules and regulations to be subject at all times to amendment by the Board of Aldermen. The annual license fee for each massage institute shall be $10, and for each massage operator $3. All licenses shall be issued as of December 1st of each year, and shall expire on November 30th next succeeding the date of issue thereof. or § 177. Violations and penalties.-The Commissioner of Licenses, after a hearing, shall have power to suspend or revoke at any time any license granted in accordance with this article. He shall revoke the license of any massage institute, the proprietor of which employs as an operator a person not licensed in accordance with the provisions of this article, or permits the premises to be used in violation of any of the provisions of section 1146 of the Penal Law, entitled "keeping disorderly houses' of section 150 of the Tenement House Law, entitled "vagrancy,' of subdivision four of section 887 of the Code of Criminal Procedure, entitled "who are vagrants," and also the license of any operator who personally violates any one of those sections. For the purpose of this ordinance it shall be deemed to be a violation of these sections for any operator to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteo, which order shall be dated and shall specifically state the number of treatments, not to exceed ten, to be given, except as such treatments are given in the residence of the patient, the office of a physician, or in a hospital or sanitarium. The date and hour of each treatment given and the name of the operator shall be |