such building shall fail or neglect to comply with the provisions thereof, he shall be subject to a penalty of $25, which shall be sued for and collected in the name of the city. (Amend. ord. effective July 7, 1916.) § 111. Borough presidents to adjust_numbering.—In all cases where a street shall have been numbered or renumbered, the borough president having jurisdiction shall thereafter adjust and renumber such street as the same may be required from time to time. In numbering and renumbering houses, he shall leave sufficient numbers on each block, so that, under any circumstances, there would be but one block where a change would be required, in case of renumbering at any subsequent time. (C. O., §§ 101, 104.) Power of city authorities to renumber houses sustained. Van Ingen v. Hudson Realty Co., 106 App. Div. 444. § 112. Numbers in certain sections of Manhattan.-Whenever any street north of 9th street, unclusive, in the borough of Manhattan, shall be directed to be numbered or renumbered, the president of said borough shall cause the numbers to commence at Fifth avenue, numbering east and west, beginning with No. 1, on the west side of Fifth avenue; No. 100, on the west side of Sixth avenue; No. 200, on the west side of Seventh avenue, and so on, east and west of Fifth avenue, through the whole series of streets north of 9th street, and including 9th street; and said streets shall hereafter be called and known as East 9th street and West 9th street, and so on; the dividing line to be Fifth avenue. (C. O., § 102.) ARTICLE 11 LIGHTS Sec. 120. Breaking or carrying away lamps or fixtures. § 121. Removal of lamp-posts or electric light poles. § 122. Violations. Sec. 120. Breaking or carrying away lamps or fixtures.-No person shall wilfully break, deface, take down, carry away, or interfere with any lamp or any gas or electric light apparatus, or any part thereof, which shall be hung or fixed in any street or public place, or extinguish the light therein except by proper authority. (New.) § 121. Removal of lamp-posts or electric light poles. No person shall take up, remove or carry away any lamp-post or electric light pole in any street or public place, without permission of the commissioner of water supply, gas and electricity. Any person who shall take up and temporarily remove any lamp-post or electric light pole, under a permit or by other lawful authority, shall cause the same to be reset at his own expense immediately upon the completion of the work that necessitated its removal. (C. O., §§ 297, 298, revised.) §122. Violations.-Any person who shall violate any provision of this article shall, upon conviction thereof, 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. (New. Charter § 1462.) ARTICLE 12 NOISES Sec. 130. General provisions. § 131. Hospital streets. 132. School streets. 132a. Motor vehicles; warning or signalling device required. 133. Peddlers, hawkers and venders. 134. Junkmen. 135. Metal rails, pillars and columns, transportation of. Sec. 130. General provisions.-No person shall make, aid, countenance, encourage or assist in making any unusual or improper noise, riot or disturbance in any street or public place to the annoyance or inconvenience of travelers, or of persons residing adjacent thereto; nor shall any person use any profane, obscene or vulgar language in any street, or public place. (Arverne Ords., § 1, made general.): $131. Hospital streets. The several borough presidents are hereby authorized to erect on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of intersecting streets on which may be located a hospital, lying-in asylum, sanatorium or other institution reserved for the treatment of the sick, a sign or signs displaying the words: "Notice-Hospital Street," and such other warning or admonition to pedestrians and drivers to refrain from fast driving or making any noise that may tend to disturb the peace and quiet of any or all of the inmates of such institution. No person shall make any unnecessary noise nor drive at a speed faster than a walk on any street designated as a "Hospital Street," for which such warning signs have been erected. (C. O., § 260E.) § 132. School streets. 1. Signs.-The several borough presidents are hereby authorized to erect, on lamp-posts, or, in the absence of lamp-posts, on such posts as they may find occasion to erect, at corners of intersecting streets on which may be located a school, a sign or signs displaying the words, "Notice School Street," and such other warning or admonition to pedestrians and drivers not to make any unnecessary noise or to drive at such speed as may tend to disturb the peace and quiet of the pupils and teachers of such school, as may be deemed to be expedient. 2. Noisy vehicular traffic. The police commissioner is authorized in his discretion to cause all heavy, noisy vehicular traffic to be diverted from the immediate block or blocks upon which any school shall be located, during the period between the hours of 8.45 a. m. and 3.15 p. m. of every school day. ** 3. Noise lessening pavement. The several borough presidents are hereby authorized, in their discretion, to repave the streets immediately contiguous to schools with such noise lessening pavement as may meet with their approval. 4. Prohibitions. No person shall make any unnecessary noise, or drive at a speed faster than a walk, or violate any traffic rule or regulation of the police department on any street which has been designated as a "School Street," for which such warning signs have been erected. (Ord. Apr. 16, 1912, revised.) § 132a. Motor vehicles, warning or signalling device required.— Every motorcycle or motor vehicle operated or driven on the streets of this city shall be provided with an adequate warning or signalling device. This device, whether a horn or whistle, must be operated by hand power or electricity, and the use of horns, whistles or other devices operated by the engine exhaust of motorcycles or motor vehicles is prohibited. (New.) Adopted December 2, 1918. Approved December 13, 1918. § 133. Peddlers, hawkers and venders. 1. Generally.-No peddler, vender, hawker or huckster, who plies a trade or calling of whatsoever nature on the streets, shall blow upon or use or suffer or permit to be blown upon or used, any horn or other instrument or device, nor make or suffer or permit to be made any noise tending to disturb the peace and quiet of a neighborhood, for the purpose of directing attention to his wares, trade or calling. No peddler shall cry or sell his or her wares or merchandise on Sunday, nor after 9 o'clock p. m., nor cry his or her wares before 8 o'clock in the morning of any day except Saturdays, when they shall be allowed to cry or sell their wares or merchandise until 11.30 o'clock p. m. (C. O., § 551, revised.) 2. Special restrictions. No peddler shall be allowed to cry his or her wares within a distance of 250 feet of any school, court house, church or building in which religious services are held, during school hours or hours of public worship, or hours of holding court, respectively, nor at any time within a like distance of any hospital, asylum or other like institution, nor within a distance of 250 feet of any dwelling house or other building, when directed or requested by an occupant thereof not to do so. § 134. Junkmen.-No junkman, or other person engaged in the buying or selling of goods, chattels or merchandise of any kind, shall use or employ on any street any bell exceeding 6 ounces in weight, attached to his vehicle or horse, or in any other manner; nor more than three bells at any one time, or cause or allow the same to be done. (Brooklyn Ords., § 78, made general.) § 135. Metal rails, pillars and columns, transportation of-All rails, pillars and columns of iron, steel or other material, which are being transported over and along the streets upon carts, drays, cars, or in any other manner, shall be so loaded as to avoid causing loud noises or disturbing the peace and quiet of such streets. (Č. O., § 529.) § 136. Showmen.-No person shall beat a drum or operate any other instrument, for the purpose of attracting attention to any show of beasts or birds or other things; nor shall any person use or perform with or hire, procure or abet any other person to use or perform with any musical or other instrument, in any street or public place, unless he shall be licensed, as such, under the provisions of § 171 of chapter 14 of this ordinance. The provisions of this section shall apply to itinerant musicians and side-shows, and shall not be construed so as to affect any band of music or organized musical society, engaged in any military or civic parade or in serenad ing, that shall comply with the laws of the state or the provisions of § 38 of chapter 24 of this ordinance, relating to parades, nor to any musical performance conducted under a license from the proper municipal authority. (Manh. Ords., § 39, made general.) ARTICLE 13 OBSTRUCTIONS AND INCUMBRANCES Sec. 140. Special uses of streets. § 141. Building construction, sidewalk bridges. § 142. Building material. § 143. Earth, rocks and rubbish. 144. House moving. 145. Posts and poles. 146. Removal of abandoned poles. 148. Stairways and hoistways. 149. Stands within stoop lines. 150. Storm-doors. 151. Removal of obstructions and incumbrances. 152. Vehicles, merchandise and other movable property. Sec. 140. Special uses of streets.-No person shall, except as otherwise provided in this code, incumber or obstruct any street or sidewalk which has been opened, regulated or graded, according to law, with any article or thing whatsoever. (C. O., § 219, as amend, by ord. app. Aug. 8, 1916.) This is substantially the same as sec. 33 of Ch. 6, R. O. 1880; sec. 1, Ch. 24, City Ordinances, 1859; sec. 5, tit. 11, Ch. 22, Revised Ordinances, 1839; and par. 26, Ch. 13, R. O. 1811. In the first publication of the ordinances in 1793, after the Revolution, it was provided, paragraph 6, p. 14, that no person should "lumber" any foot path or "incommode foot passengers" under a penalty of five shillings, and also by paragraph 12, p. 16: "That no Person or Persons shall incumber or obstruct any street, wharf, or pier, with any Carriages, Timber, Boards, Planks, Staves, Heading, Pitch, Tar, Turpentine, Grindstones, Anchors, Bricks, or any other kind of Lumber, or other Thing, without having first obtained Leave or Permission so to do from the Mayor or Recorder, or the Alderman of the Ward; and that Leave and Permission is hereby limited and confined to Persons only that are or shall be building or repairing Houses or other Buildings, under the Penalty of Forty Shillings for each Offence," and if the owners fail to remove the same it may be carted to the Alms-house Yard and sold, unless redeemed for two pence a day for every load carted. It is important to note that in this and many of the following sections affecting street obstructions the law has practically been unchanged for over a century. The decisions on the general subject of incumbrances are very numerous. It was a well-established principle at common law, which has been repeatedly affirmed in this State, that any obstruction, encroachment or incumbrance on a public highway without lawful authority was a public nuisance as to the public and a private nuisance as to any individual injured. See statement of law in leading cases of Cohen v. Mayor, etc., of N. Y., 113 N. Y. 532, where the city was held liable for damages resulting from a wagon it allowed to remain on the sidewalk, and Callanan v. Gilman, 107 N. Y. 361, where adjoining owner recovered damages and enjoined defendant from using skids on the sidewalk so continuously as practically to amount to an appropriation of it for his own purposes. Also see Davis v. Mayor, etc., 14 N. Y. 506; Hume v. Mayor, etc., 74 N. Y. 264. As to permanent encroachments, see Ackerman v. True, 175 N. Y. 353, where the extension of a house on Riverside Drive beyond the building line under a permit from the Park Department, was held to be a nuisance and illegal. See, also: City of New York v. Knickerbocker Trust Co., 104 App. Div. 223; Williams v. Silverman R. Co., 111 App. Div. 679; McMillan v. Klaw & Erlanger, 107 App. Div. 407; Hatfield v. Strauss, 189 N. Y. 208; 117 App. Div. 671; City of New York v. Rice, 198 N. Y. 124; Acme Realty Co. v. Schinasi, 215 N. Y. 495. The city may bring an action in equity to abate the nuisance even though an action at law would lie to recover the penalty. See City of N. Y. v. De Peyster, 120 App. Div. 762; City of N. Y. v. Thorley & Regan, 73 App. Div. 626; City of N. Y. v. Rice, 198 N. Y. 124. Such suit should be brought in name of City and not of Borough President. Pounds v. Lee Ave. Theatre, Kaffer, J., N. Y. Law Journal, Mar. 4, 1914. And mandamus lies to compel city officials to remove nuisances in streets where they fail to do so. People ex rel. Cross Co. v. Ahean, 124 App. Div. 840; People ex rel. O'Reilly v. Mayor, 59 How. Pr. 277; People ex rel. Bentley v. Mayor, 18 Abb. N. C. 123; People ex rel. Mullen v. Newton, 20 Abb. N. C. 387; People ex rel. Browning, King Co. v. Stover, 145 App. Div. 259. Mandamus denied where there was any doubt. People ex rel. Lynch v. Manh. R. R. Co., 20 Abb. N. C. 393; People ex rel. Meeks v. Mayor, Lawrence, J., Daily Register, May 29, 1888; People ex rel. John v. Mayor, Beach, J., Daily Register, June 2, 1887; Whitman v. Hubbell, 20 Abb. N. C. 385. Injunction to restrain a city official denied. Ely v. Campbell, 59 How. Pr. 333. A private citizen may bring action to abate a nuisance where city refuses. McMillan v. Klaw & Erlanger, 107 App. Div. 407; Overton v. Village Orelean, 37 Hun, 47. Barrels on sidewalk are a nuisance. City of N. Y. v. Leef, 128 N. Y. Supp. 676; wagons in sidewalk are a nuisance. Flynn v. Taylor, 127 N. Y. 596. Under the Charter the Board of Estimate and Apportionment possessed the power concerning the use of the streets formerly possessed by the Board of Aldermen. Hatfield v. Strauss, 189 N. Y. 208, 214. See Article 14, Projections and Encroachments, for other subjects. § 141. Building construction; sidewalk bridges.-Persons who desire to erect large buildings may erect and maintain a bridge, not to exceed 7 feet in height, above the sidewalk and 6 feet in width, extending the whole length of the proposed building; the steps leading to the same to rest upon the sidewalk of the adjoining premises. (C. O., § 211.) § 142. Building material. 1. Permit.-The President of each borough shall have power to grant permits to builders to occupy not to exceed one-third of the carriageway of any street with building material; provided in his opinion the interests and convenience of the public will not suffer thereby. At the time of placing such material in the street, the permit so granted shall forthwith be posted in some conspicuous place on or near the material and shall be kept there so as to be readily accessible to inspection. (Amend. May 2, 1916.) 2. Conditions. Such permits shall provide expressly that they are given upon condition that the sidewalks and gutters shall at all times be kept clear and unobstructed, and that all dirt and rubbish shall be promptly removed from time to time by the party obtaining such permit, and that all such permits may be revoked by the borough president, at pleasure. 3. Deposit. Except as otherwise specifically provided in this article, no such permit shall be granted to any builder unless he shall, at the time said permit is granted, have on deposit with the borough president, the sum of $50, as a guarantee that he will promptly comply with the conditions of all permits which may be so granted, including the prompt removal of all dirt and rubbish placed upon the street from time to time, and also for the prompt removal, after the expiration or revocation of any such permit, of any building material placed upon any street thereunder. Each borough president is hereby authorized and empowered to use so much of the moneys so deposited as may be required to effect the prompt removal of such |