probationary member of the police department or the fire department shall have been dismissed, the person aggrieved may make written application to the mayor setting forth the reasons for demanding a hearing or rehearing of the charges or causes upon which he was dismissed or reduced, and provided that such dismissed or reduced member or probationary member shall waive in writing all claim against the city for back pay, the mayor may, in writing, consent to such hearing or rehearing, stating the reasons why such charges should be heard or reheard. Such application for a hearing or rehearing shall be made within one year after this ordinance takes effect, or within one year from the date of the dismissal or reduction, if such dismissal or reduction occurs after this ordinance takes effect. Such hearing or rehearing shall be had before the police commissioner if the applicant was a member or probationary member of the police department, and before the fire commissioner if the applicant was a member or probationary member of the fire department, and if such commissioner, as the case may be, shall determine that such member or probationary member has been illegally or unjustly dismissed or reduced from his position or rank, such commissioner, as the case may be, may restore him to the position or rank from which he was dismissed or reduced and allow him the whole of the time since any such dismissal or reduction to be applied on his time of service in his department, or for such other and further relief as such commissioner, as the case may be, may determine just, or affirm the dismissal or reduction as he may determine from the evidence. If the applicant be a probationary member of the police or the fire department, the commissioner, as the case may be, may allow him the time already served as a probationary member to count as time served, but shall not allow the time between the date of his dismissal and his restoration to count as service in his department.

Adopted July 16, 1918. Approved July 26, 1918.

The creation of the Public Service Commission by the Legislature, took from the Board of Aldermen many powers formerly exercised by them, and many of the former ordinances were repealed by this revision. Where the Public Service Commission had fixed a 15 minute interval for running street-cars, an ordinance changing that to 10 minutes was not valid. City of Troy v. United Traction Co., 134 App. Div. 756, aff'd, 202 N. Y. 333.

Ordinances must be reasonable and evidence should be received, when offered, to show them unreasonable. Mayor, etc., v. Dry Dock East Broadway R. R. Co., 133 N. Y. 104. See Mayor v. N. Y. Harlem R. Co., 10 Misc. 417. Where fenders were required on the front platforms of Brooklyn cars, held to be unreasonable. City of Brooklyn v. Nassau Electric Co., 38 App. Div. 365.

Unreasonable to require conductor as well as driver for care of car. Brooklyn Crosstown R. Co. v. City of Brooklyn, 37 Hun, 413.

ARTICLE 1

ELEVATED RAILROADS

Sec. 1. Protection of streets below structures. § 2. Receptacles for expectorations.

§ 3. Violations.

§4. Passengers riding on rear end platforms.

Sec. 1. Protection of streets below structures.-No officer, agent or employee of any elevated railroad shall permit any oil, grease, water, coals, scraps of iron, tools, or other liquid or solid substances, to fall or be dropped or be thrown from any engine, car, track, depot, structure, or other part or portion of an elevated railroad, into or upon any street or public place.

§2. Receptacles for expectorations.—All elevated railroad companies or other companies operating elevated railroads in the city shall, within two months from the date of the passage of this ordinance, provide proper receptacles for expectorations on all the elevated railroad stations and properly keep and maintain same, and that for a violation of this section each elevated railroad company or other company operating such railroads shall be liable to a penalty of not less than $10 for each day of such violation, and the action to recover such penalty shall be brought in the name of the city of New York. (Ord. Aug. 8, 1916.)

§3. Violations.-Any person being the president, superintendent, or a director or other officer, or employee of an elevated railroad company who shall violate any provision of this article except § 2 thereof, shall, upon conviction therefor, be punished by a fine of not more than $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment.

Many of the old ordinances have been dropped from this code as being superseded by the Public Service Commission.

§4. Passengers riding on rear-end platforms of trains.-No passenger on any elevated railroad train, whether operated over, upon

or under the surface, in the City of New York, shall ride on the rear platform of the rear car, where such rear platform is not enclosed by vestibule. Provided, however, that the term "passenger” shall not include, or be construed to include, any officer, agent or employee of such elevated railroad, or any public officer or public employee, whose duties may require the riding on any such rear platform. Any person who shall violate any provision of this section shall, upon conviction therefor, be punished by a fine of not more than $10, or by imprisonment for not exceeding 10 days, or by both such fine and imprisonment.

Adopted November 12, 1918. Approved November 19, 1918.

Sec. 10. Head-lights. Each railroad company whose cars are propelled or driven within the limits of the borough of Manhattan shall provide every passenger car, baggage car, freight car, or other vehicle, operated by said company upon their tracks or track of other companies used by them, with a good light or lantern, which shall be placed in a conspicuous position on the front of the car, between sunset and sunrise of each day. Any such company which shall refuse or neglect to conform to the provisions of this section shall be subject to a penalty of $100 for each and every trip, or part of a trip, made by a car that is not provided with the required light.

§ 11. Licenses. 1. Manhattan. For each passenger railroad car running in the borough of Manhattan, there shall be paid into the city treasury the sum of $50 annually for a license; except the onehorse passenger cars, and the cars of the Ninth Avenue Railroad Company, which shall each pay the sum of $25 annually for said license as aforesaid, and except such as pay the sum of 3 per cent. or over on their gross receipts, or where the franchise has been sold at public sale to the highest bidder.

2. Brooklyn. The amount to be paid to the city by the railroad companies in the borough of Brooklyn, for the privilege of running their cars, shall be calculated on the average number of cars running annually on each route respectively, excluding the extra cars run on holidays.

3. Long Island City. For every street or surface car, operated within the limits of that section of the city formerly known as Long Island City, there shall be paid to the Comptroller a license fee of $15. (C. O., §8 56–58, Manh. Ords.)

As to small one-horse cars, see Mayor, etc., N. Y. C. v. Twenty-third St. R. Co., 62 Hun, 545. Where a license was required for horse cars from a company which was liable to pay license fees by the terms of its charter, held valid. Mayor, etc., of N. Y. v. Broadway and Seventh Ave. R. R. Co., 97 N. Y. 275, dist'g Mayor v. Second Ave., 32 N. Y. 261, and Mayor v. Third Ave., 33 N. Y. 42. As to liability of Eighth Avenue Railroad to pay license fees for cars according to its agreement

with the city, see Mayor, etc., of N. Y. v. Eighth Ave. R. R. Co., 118 N. Y. 389. Coach, as used in the old ordinance, must be reasonably interpreted to include cars now. Mayor, etc., of N. Y. v. Third Ave. R. R. Co., 117 N. Y. 404, and where the license is required of every coach it must be paid by every car, no matter what may be the mode of propulsion. City of N. Y. v. Third Ave. R. R., Greenbaum, J., N. Y. Law Journal, Feb. 25, 1904. In construing an old statute the practical construction in effect for years will be considered where there is ambiguity. City of N. Y. v. N. Y. City Ry. Co., 193 N. Y. 543; 124 App. Div. 936 (3 cases), aff'd. Also see 193 N. Y. 679, 680, affirming cases in 126 App. Div. 36, 39, 42. City of N. Y. v. N. Y. City Ry. Co., No. 1, 138 App. Div. 131.

§ 12. Transfers.-Every car owned, operated, managed or controlled by a street surface or elevated railroad company in the streets or highways of the city shall carry throughout its route on the outside, in front and on top of each and every car so operated, a signboard or placard, upon which shall appear conspicuously the destination of the said car. Every such company shall carry for a single fare upon such car, without change therefrom, each and every passenger to any regular stopping place desired by him, upon said car's route, in the direction of the destination so designated; and for every violation of this section the company so offending shall be liable to a penalty in the sum of $100, recoverable in an action to be brought in the name of The City of New York; but this section shall not apply to a transfer made to a connecting line going in a different direction from that in which such car may be going, nor where by reason of any accident compliance with this section is rendered impossible.

Amended February 11, 1919. Approved February 20, 1919.

This is the so-called "car-ahead" ordinance. Held within the powers conferred on the Board of Aldermen and that State Railroad Act was not intended to deprive city authorities from regulating similar matters within precincts of the city. City of New York v. Interurban Street Ry. Co., 86 N. Y. Supp. 673, 43 Misc. 29. See also City of New York v. N. Y. & Queens Co. R. R. Co., 89 App. Div. 442.

ARTICLE 3

TRUNK-LINE RAILROADS

Sec. 30. Park avenue tunnel.

§ 31. Long Island railroad.
32. Grade crossings.

33. Obstruction of streets.
34. Violations.

Sec. 30. Park Avenue tunnel; Manhattan.-No railroad company or companies using any tunnel in Park avenue, in the borough of Manhattan, nor any manager, employee or servant of such company shall permit bituminous coal smoke to escape from any locomotive while in or running through said tunnel. (§ 70, Manh. Ords.)

§ 31. Long Island railroad.-No freight or passenger car detached from an engine of the Long Island railroad company shall remain longer than 10 minutes in any public street. Bituminous coal shall not be used on any engine running upon said railroad. Whenever platforms are placed in the streets for accommodation of passengers, the said company shall at its own expense keep the entire street between the platform and the curb in a cleanly and passable condition. This shall be construed to apply to each station and each

platform wherever erected by said company within the city. (§ 70, Brookl. Ords. revised.)

§ 32. Grade crossings. 1. The Bronx.-Every person, company or corporation, operating or controlling any railroad in the borough of The Bronx, upon which cars are drawn by locomotive engines, other than those known as "dummies," shall erect and maintain suitable and substantial gates or doors on either side of said railroad, at every point in said borough at which its road or tracks cross any public street, at the grade thereof. Such gates or doors shall be kept well painted and in good repair, and shall be attended at all times during the approach and passage of cars or trains by sober, careful and experienced men, whose duty it shall be to keep the tracks clear of all horses, cattle and vehicles, to warn all the persons against crossing said tracks during the approach of any train, locomotive or car, and to close said gates or doors at least one minute before the passage of any locomotive, engine or car over said public street. No person, company or corporation, operating or controlling any railroad in the borough of The Bronx, shall run or allow to be run any locomotive or locomotive and tender without cars across any public street in said borough, unless the gates or doors at such crossing are closed or down. (§§ 67, 68, Manh. Ords.)

2. Brooklyn. At each street crossing between Linwood street and Flatbush avenue, in the borough of Brooklyn, men shall be constantly stationed, at all hours of the night and day when trains are in motion, and all crosswalks between such street crossings shall be properly guarded by strong, heavy gates at least 20 feet in width, at each street crossing, which shall be closed before the passage of any engine or train. (§ 70, Brookl. Ords.)

3. Disregard of closed gates. No person shall attempt to cross the tracks of any railroad at any street crossing, while the gates for the protection of such crossings are closed, or being closed, and the police shall arrest any person so offending. (§ 29, Brookl. Ords.)

§ 33. Obstruction of streets.-No train of cars, nor any part thereof, including the locomotive and tender, shall remain or be left across or upon any street or sidewalk, so as to obstruct or prevent free travel along the same for a longer period than 5 minutes, during any period or during any hour, unless the same shall be unavoidable.

§ 34. Violations.-Any railroad, or the manager or any agent or employee thereof, who shall violate any provision of this article, or who shall permit the same to be violated shall be liable to a penalty of $100. Any person who shall violate the provisions of subdivision 3 of § 32 of this article shall, upon conviction thereof, be punished as provided in § 10 of chapter 27 of this ordinance.