permit will be granted to cover projections that do not comply with the Building Code. But permanent encroachments or projections cannot be made beyond the building lines. City of N. Y. v. Rice, 198 N. Y. 124; Ackerman v. True, 175 N. Y. 353. $61. Fifth Avenue, Manhattan.-Owners of property on the easterly side of Fifth Avenue, between 58th and 111th Streets, in the Borough of Manhattan, or upon any of the streets or avenues surrounding Central Park, within the boundaries first above mentioned, shall not undertake any work on stoops, railings or other projections, or areas or court yards beyond the building line, until the plan thereof has been submitted to and approved by the said commissioner. § 62. Riverside Drive. 1. General provisions.-No structure or construction of any description, nor any part thereof, shall be placed or permitted on or under Riverside Drive until working plans in duplicate, drawn to a scale 1/4 inch to the foot, shall have been filed with the Department of Parks, with an application for the erection or construction of the structure; said drawings to show elevations, floor plans and vertical sections of the extent of projections, and that the applicant has received permission to erect the said projection, as shown on drawings from the department. 2. Sub-surface construction.-No vault or other construction below the sidewalk shall be built except in such manner as shall leave the sewers, gas and water pipes, or space proposed to be occupied by the same, free and uninclosed and in safe condition, nor in any case to extend in the clear beyond the curb line. The exclusive jurisdiction of the Department of Parks over Riverside Drive was sustained in Ackerman v. True, 175 N. Y. 353. § 63. Ocean Parkway. 1. Veranda, porch, piazza or portico projections beyond courtyard restriction line.-All applications for projections of verandas, prches, piazzas, etc., beyond the thirty (30) foot restriction line of Ocean Parkway shall be accompanied by blue prints of plan of proposed projection, drawn to a scale of one-quarter (14) of an inch to the foot, showing restriction line, lot lines, plan and section or plan and elevation of projection. The projection shall not exceed fifteen (15) feet beyond the restriction line at any point, and shall be of open construction, with roof supported by columns or piers. §64. Restricted areas on Ocean Parkway, Eastern Parkway and Plaza Street. The restricted areas on these parkways shall be reserved strictly for the purposes set forth in the respective laws governing same and shall not be used temporarily or permanently for any of the following purposes: advertising signs, contractors' tool houses or shanties, disposal of garbage, refuse, rubbish or other waste materials, dumping ground for filling material, garage buildings, news-stands, gasoline stations, moving picture houses or purveying stands. No use or occupancy of any nature whatsoever shall be made of these restricted areas without a permit having been previously secured from the commission of parks having jurisdiction. 865. Bushwick Avenue Boulevard, Court Yard Regulations. 1. Structures.-No person or persons shall erect or construct upon the twenty-foot courtyard on each side of the Bushwick Avenue Boulevard, by law set apart to be used as courtyards only, any piazza, veranda, covered or enclosed porch, platform or structure other than stoops, steps or platforms with open sides or railings not to exceed seven feet in height, or to extend upon said courtyards more than seven feet or a greater width than is necessary for the purpose of a convenient passageway into houses or building to which the same shall be attached; nor shall any person or persons build or construct any area or surface or sub-surface structure in said courtyards, except upon the approval of the commissioner of parks having jurisdiction. No super structure, surface structure or sub-structure of any nature whatsoever shall be built in, placed or constructed upon said courtyards without receiving a permit from the park commissioner having jurisdiction. Plans of such encroachments shall be drawn to the scale of one-quarter of an inch to the foot and shall be filed with said commissioner for his approval at the time of application for permit. 2. Trees and shrubbery.—The planting of trees and shrubs within the courtyard areas shall be subject to the written approval of the commissioner of parks having jurisdiction. 3. Signs. Advertising, business, or signs of any and all descriptions are hereby prohibited from being placed within the courtyard areas of Bushwick Avenue Boulevard. This regulation shall be in effect as of the date of transfer of said Bushwick Avenue Boulevard from the jurisdiction of the President of the Borough of Brooklyn to the jurisdiction of the Commissioner of Parks for the Borough of Brooklyn. 4. Rubbish, litter, etc.-No rubbish, litter, garbage, ashes or obnoxious or offensive matter of any kind whatsoever shall be placed on or allowed to remain upon said courtyard areas. § 66. News-stands in the Borough of Manhattan shall be operated in accordance with the following rules and regulations: 1. All news-stands shall be painted green, of a shade prescribed by the Chief Engineer, Borough of Manhattan. No stand shall bear any lettering not approved by said Chief Engineer. 2. The sale of all charts, circulars, leaflets, envelopes, etc., purporting to give information as to the condition of race horses, their past performances, and the probabilities of their winning at future racing events, is prohibited. The violation of this provision shall be cause for the forfeiture of the Park Department's license. 3. Holders of news-stand permits paying a license fee of less than $200 a year must personally attend their stands during two-thirds of the time of each day when such stands are transacting business. 4. All persons employed by permit holders as helpers in the sale of newspapers must take out Park Department licenses for the sale of newspapers from the arm. The employment as a helper in the sale of newspapers of a person unsatisfactory to the department shall be sufficient cause for the revocation of a permit. 5. No news-stand adjoining a grass plot shall exceed in height the ordinary pipe rail fence of the Department of Parks against which such stand is placed. All news-stands adjoining grass plots shall have their top covers fully removable. On such news-stands there shall be no display either above the level of the pipe rail fence or to the left or right of the stand adjoining the grass plot. Violations of this order will result in the cancellation of that portion of the permit allowing the sale of periodicals, and will restrict the offender in the future to the sale of daily publications only. No news-stand adjoining a grass plot shall exceed six (6) feet in length. 6. News-stands on park walls not adjoining grass plots shall not exceed ten (10) feet in length, nor shall any such stand have a total width of more than three (3) feet. In cases where the distance between the rear of such stands and the nearest curb line is less than ten (10) feet, such stands shall not exceed two (2) feet in width. 7. Stands not adjoining grass plots shall not exceed seven (7) feet in height. 8. Electricity shall be the only means for night illumination of news-stands. The use of any other illuminating material is cause for a revocation of the permit. 9. When news-stands on Park Department territory adjoining car tracks no part of such stand parallel to, but not immediately adjoining a protective railing shall exceed five feet in height. When such stand adjoins a protective railing no part of such stand, adjoining such railing shall extend beyond the furtherest point of such protective railing. No part of any stand adjoining such protective railing shall be more than four and a half (42) feet in height. 10. All licensees for the sale of newspapers shall keep the park walks in vicinity of the territory assigned to them, which shall include a radius of fifteen (15) feet beyond each position for the sale of newspapers from the arm, and within a radius of twenty-five (25) feet from the position assigned to news-stands, free from rubbish and litter of all kinds. Failure to comply with this condition will result, first, in a suspension of the privilege, and on the second offense, in its cancellation. ARTICLE 4 MISCELLANEOUS Sec. 70. Trees and shrubs in streets § 71. New York Botanical Garden. Sec. 70. Trees and shrubs in streets. 1. Planting.-No shade or ornamental tree, or shrub, shall be planted in any street until a permit has been granted by the commissioner having jurisdiction. No hole or excavation shall be prepared for planting any tree or shrub, unless sufficient mould of satisfactory quality shall be used, and the conditions, such as the absence of poisonous gas and deleterious substances, have been made satisfactory. 2. Cutting, breaking or disturbing.-No stem, branch or leaf of any such tree or shrub shall be cut, broken or otherwise disturbed, nor shall the root of any such tree or shrub be disturbed or interfered with in any way, by any individual or any officer or employee of a public or private corporation, until a permit shall have been issued therefor. The surface of the ground within three (3) feet of any such tree or shrub, shall not be cultivated, fertilized, paved or given any treatment whatever, except under a permit. 3. Misuse. No person shall cut, deface, mutilate or in any way misuse any such tree or shrub, nor shall any horse or other animal be permitted to stand in a manner or position where it may cut, deface or mutilate the same. No building material, or other material or debris of any kind, shall be piled or maintained against any tree or shrub. No guy rope, cable or other contrivance shall be attached to any tree or shrub, nor shall any tree or shrub be used in connection with any banner, transparency or any business purpose whatever, except under a permit. § 71. New York Botanical Garden.-All provisions of this chapter, respecting the government of parks, shall be applicable to the New York Botanical Garden; provided that in any case in which the commissioner is authorized to issue a permit for the exercise of a park privilege, the permit, if authorizing the exercise of such a privilege in the New York Botanical Garden shall be recommended or approved by the Director-in-Chief of the Garden. $72. Violations.-The Park Ordinance providing penalties for violations was repealed by the Board of Aldermen, August 8, 1916, being rendered superfluous by the language of Section 610 of the Greater New York Charter, as follows: Any person violating any ordinances relating to the parks or other property mentioned in this section shall be guilty of a misdemeanor, and shall on conviction before a City Magistrate, be punished by a fine not exceeding fifty dollars, or in default of payment of such fine by imprisonment not exceeding thirty days." Adopted March 18, 1921. CHAPTER 18 Police and Fire Article 1. Boiler inspection. 2. Uniformed force. ARTICLE 1 BOILER INSPECTION Sec. 1. Regulation of minor steam vessels. § 2. Persons to be licensed as engineers. Sec. 1. Regulation of minor steam vessels.—All boilers in vessels now used on the water in and around the city, not coming under the jurisdiction of the United States government, shall be under the jurisdiction of the police department, which is hereby authorized and empowered to test said boilers, and examine the persons operating the same as to their qualifications as engineers and firemen. Such tests of boilers, and the examination of persons operating the same, shall be conducted in accordance with such provisions of the charter and laws of the State of New York as are applicable to boilers operated on land. (C. O., § 563.) § 2. Persons to be licensed as engineers.-No person shall take charge of or operate any ice machine or gas compressor of thirty tons or greater capacity, nor any machine for hoisting purposes or cableways, irrespective of motive power, used for construction work, unless such person is duly licensed as an engineer, in accordance with the provisions of § 342 of the Greater New York Charter and such Laws of the State as may be applicable thereto. Any person who shall assume, charge or act as engineer in contravention of any provisions of this section shall be fined in a sum not to exceed $25 or by imprisonment not to exceed 25 days, or by both such fine and imprisonment. All fines imposed and fees collected hereunder shall be credited to the pension fund of the Police Department. Adopted March 8, 1921. Approved March 18, 1921. ARTICLE 2 UNIFORMED FORCE Sec. 5. Members, dismissed or reduced; hearing or rehearing of charges or causes therefor. Sec. 5. Members, dismissed or reduced; hearing or rehearing of charges or causes therefor.-When a member of the police department or the fire department shall have been dismissed or reduced, after trial by the police Commissioner or the fire Commissioner, as the case may be, from the position or rank theretofore held by him, or when a |