(b) Sell or expose for sale at public auction any goods, wares, merchandise or other things whatsoever to any person or persons who, at the time of bidding for or while examining the same, shall be on the sidewalk or carriageway of any street; (c) Sell at auction or expose for sale or lay or place any goods, wares, merchandise or other thing in any street or public place, unless such person shall first obtain the consent or permission, in writing, of the occupant of the lot or building before which such articles or any part thereof shall be placed or exposed for sale. (C. O., § 534.) 2. Attracting purchasers. No bellman or crier, nor any drum, fife, or other instrument of music, or any show-signal or means of attracting the attention of purchasers, other than a sign or flag, shall be employed, or suffered or permitted to be used at or near any place of sale, auction room, residence of an auctioneer, nor at or near any auction whatsoever. (C. O., § 537.) 3. Removal of goods. Every article exposed for sale at public auction, or sold in any street or public place, shall be removed from the same by the setting of the sun of the day of selling or exposing for sale. (C. Ŏ., § 536.) Valid. City of Buffalo v. Marion, 13 Misc. 639. § 31. Vending and selling salted meat and fish, etc.-No person shall sell, expose for sale, lay or place in any street or public place, at any time between June 1st and November 1st in any year, any salted beef or pork, dried or pickled fish, blubber, hides, cotton or wool. (C. O., § 535.) ARTICLE 5 AWNINGS Sec. 40. Permanent awnings. § 41. Construction of permanent awnings. § 42. Drop awnings. 43. Temporary awnings. 44. Violations. Sec. 40. Permanent awnings. (Repealed by ord. effective Dec. 28, 1915.) tions Awnings in the city streets have been the subject of several adjudications. By section 50 of the Greater New York Charter (L. 1901, chap. 466) the Board of Aldermen is given power to "regulate the use of the streets for . . . awnings, awning-posts," etc. While the Charter says there shall be no "permanent obstruc in the streets, this has been held not to apply to awnings where authorized expressly, and the public authorities will be restrained from tearing down an awning built in conformity with the ordinances. Hoey v. Gilroy, 129 N. Y. 132. Even though an awning may have stood longer than twenty years, if not erected in accordance with the law, the municipal authorities may remove it. Simis v. Brookfield, 13 Misc, 569. For such an one is a nuisance which the public authorities have no power to permit. Farrell v. New York, 20 St. Rep. 12, aff'd 22 St. Rep. 469. The public sidewalks are held in trust for the use of the public and awnings for private parties cannot be permitted thereon where they unreasonably create a nuisance (1873). Trenor v. Jackson, 15 Abb. Pr. N. S. 115. An awning, although erected under a permit from the municipal authorities, must not interfere with the adjacent owner in his reasonable enjoyment of his property. Lavery v. Hanigan, 52 Super. Ct. (20 J. & S.) 463. See cases cited under § 140. § 41. Construction of permanent awnings. (Repealed by ord. effective Dec. 28, 1915.) $42. Drop awnings.-Drop awnings, without vertical supports, are permitted within stoop-lines, but shall in no case extend beyond 6 feet from the house-line, and shall be at least 6 feet in the clear above the sidewalk. (C. O., § 263, in part.) § 43. Temporary awnings.-Awnings without side coverings may be from time to time erected and maintained across the sidewalk of any street for temporary use as a protection during inclement weather only; provided, however, that such awning shall be made of canvas or cloth and shall be supported by upright posts of iron not exceeding 2 inches in diameter and not less than 8 nor more than 10 feet in height above the sidewalk and shall not be wider than the entrance of the building in connection with which it is to be used. Awnings with side coverings may be erected for a limited time upon issuance of a special permit from the borough president having jurisdiction. (Amend. May 11, 1915.) § 44. Violations.-No person shall violate any provision of this article, or refuse or neglect to comply with any order of a borough president made thereunder, under the penalty of $10 for each offense. No such violation shall be continued after notice to the perpetrator thereof under penalty of $10 for each day the same shall be continued. (C. O., § 379, revised.) ARTICLE 6 BOUNDARIES AND MONUMENTS Sec. 50. Excavations or embankments near landmarks. § 51. Removal or covering up of landmarks. § 52. Violations. Sec. 50. Excavations or embankments near landmarks.-No excavation or embankment shall be made, nor shall any pavement or flagging be laid or moved by any person, within 3 feet of any monument or bolt, which has been set, by proper authority or designated on any official map, as a landmark to denote street lines within the city, unless a permit therefor has been obtained from the president of the borough in which the monument or bolt is situated. Applications for such permits shall be in writing, and shall set forth the nature of the work proposed, and the location of all monuments or other landmarks affected thereby. Thereupon, the borough president shall cause one of the city surveyors or an engineer in his department to take such measurements and field notes as may be necessary to restore such monuments or bolts to their correct position, after the completion of the contemplated work, and, when such measurements and field notes have been taken, but not before, the required permit shall be issued. (C. O., §§ 109, 110, amend. Feb. 9, 1915.) Each borough president shall cause a covenant to be incorporated in all contracts hereafter made by him for constructing, regulating or repairing any street, requiring the contractor to obtain the permit above required and to take such other precautions for the care and preservation of monuments, bolts and other landmarks as the borough president may direct. (C. O., § 108.) $51. Removal or covering up of landmarks.-No person or persons shall remove or cover up a monument or bolt for designating any street, without giving 3 days' notice in writing of his intention so to do to the president of the borough in which the monument or bolt is situated. Upon receiving such a notice, the borough president shall cause one of the city surveyors, or an engineer in his department, to take the necessary measures to raise or lower such monument or bolt to the proper grade of the street and, when necessary, to cause such alteration to be noted on records to be kept in his office for that purpose. Whenever a borough president shall ascertain that any monument or bolt has been removed, without such notice, he shall forthwith cause the same to be placed in its proper position, and shall note the same on the records in the manner before stated. The expenses attending such replacement shall be paid by the comptroller, on the certificate of the borough president causing the work to be done. (C. O., §§ 106, 107, 111, 112, as amend. Feb. 9, 1915.) § 52. Violations. Any person who shall make any excavation or embankment, or lay or take up any pavement or flagging within 3 feet of any monument, bolt or other landmark, without having first obtained a permit to perform such work, or who shall in any way remove or deface any monument, bolt or other landmark, shall be punished for each offense by a fine of $50, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment. (C. O., § 113, revised.) ARTICLE 7 1 CONSTRUCTION AND REPAIR Sec. 60. Paving, generally. § 61. Paving by abutting owners. 62. Curbing. 63. Gutter-stones. $ 64. Width of streets in Brooklyn. 865. Removal of debris. Sec. 60. Paving, generally.-All streets of 22 feet in width and upward, and, when required to be paved by competent authority, all other streets or alleys of less width shall be payed and arched in full accordance with standard specifications for such work, which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (C. O., §§ 132, 135, as amend. Feb. 9, 1915.) $61. Paving by abutting owners.-Any citizen or number of citizens shall be allowed to pave the street opposite to his or their property, where the same shall extend from the intersection of one cross street to the intersection of another; provided the same be done in conformity to the regulations of the president of the borough in which such street is located and subject to such conditions as he may impose. (C. O., § 134.) § 62. Curbing. All curbing for the support of sidewalks hereafter to be laid shall be of the material or materials, dimensions and construction required in standard specifications for such work, which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (New.) $63. Gutter-stones. 1. Laying.-All gutter-stones hereafter laid shall be of the best hard blue stone or granite, at least 30 inches in length, 14 inches in width, and 6 inches thick, and shall be cut to a fair and level surface without windings, with true and parallel sides, and the ends square so as to form tight and close joints; under the penalty of $10, to be sued for and recovered from the person or persons laying the same and the owner or owners of the lot fronting on the sidewalk or street, severally and respectively. (C. O., § 125.) 2. Regulating. If any street, when paved, shall not exactly range, the gutter or outside of the footpath or sidewalk, shall be laid out and made as nearly in a straight line as the street will permit; the ascent and descent of the same shall be regulated by the president of the borough in which the same is located, and a profile thereof, with the regulations distinctly marked therein, shall be deposited and kept in the office of the borough president regulating the same. (C. O., § 126.) $64. Width of streets in Brooklyn.-The widths of the roadways and the sidewalks of the streets in the Twenty-ninth and Thirtysecond wards of the borough of Brooklyn are hereby fixed at the dimensions prescribed by the ordinances of the former city of Brooklyn, instead of the dimensions indicated upon the title pages of the maps of the former towns of Flatbush, New Utrecht, Gravesend and Flatlands, except in the case of the following named streets and avenues, where the width of roadways and sidewalks shall remain as shown upon the above mentioned town survey maps and where the streets have already been paved, namely: Thirteenth avenue, within the limits of the Twenty-ninth ward; Church avenue, for its entire length; Tilden avenue (formerly Vernon avenue), between Flatbush avenue and Holy Cross cemetery; Cortelyou road, for its entire length; Avenue E (or Ditmas avenue), between Coney Island avenue and avenue; Avenue F, between Rogers avenue and Ocean avenue; Flatlands avenue, within the limits of the Thirty-second ward; Utica avenue, from East New York avenue to Flatbush avenue; Remsen avenue, for its entire length; East Ninety-second street, for its entire length; Avenue T, between Ralph avenue and Flatbush avenue; Coney Island avenue, within the limits of the Twenty-ninth ward; East Ninety-third street, from Avenue N to Jamaica bay; Avenue N from Remsen avenue to East Ninety-third street, and from Flatbush avenue to Avenue U; Avenue U, from Avenue N to Jamaica bay; Linden avenue, from East Ninety-second street to Rockaway parkway; Avenue A, within the limits of the Thirty-second ward. (Brookl. Ords., § 14.) § 65. Removal of debris.—Any person, other than the commissioner of water supply, gas and electricity, who may hereafter pave, or cause to be paved any street, shall have the sand, dirt or rubbish cleaned off such street and every part thereof, within 12 days after the pavement shall have been completed, under a penalty of $25 for each violation of this provision; and in addition thereto, the president of the borough in which the work has been done shall cause the debris thereof to be removed at the expense of the party neglecting or refusing so to do, who shall be liable in an appropriate action at law for the recovery of the amount expended by the city. This section shall be so construed as to apply to the removal of all sand, dirt or rubbish collected in any part of any and all streets covered by any pavement so done or laid, or excavation that may have been made, or other work done in pursuance thereof; and no account for paving, in pursuance of this section, shall be accepted as completed unless the city official making the contract shall certify that this section has been fully complied with. (C. O., §§ 136, 137.) ARTICLE 8 DISTURBANCE OF SURFACE Sec. 80. General provisions. § 81. Prevention of disturbances of street surface. § 82. Violations. Sec. 80. General provisions. No person, without being previously authorized by a permit of the president of the borough, having jurisdiction, shall fill in or raise, or cause to be filled in or raised, any street or public place, or any part of such street or public place, or take up, remove, or carry away, or cause to be taken up, removed or carried away, any asphalt or asphalt blocks, flagstones, turf, stone, gravel, sand, clay or earth from any such street or public place. (Port Richmond Ords., § 3, made general.) $81. Prevention of disturbance of street surface. Whenever any persons shall attempt to take up the pavement of any street or remove any part of the paving thereof, without a permit, the borough |