added and credited to the appropriation for the department of street cleaning, and may be used by the commissioner for any of the purposes of his department, as if originally included in the appropriation therefor. Nothing in this section contained shall be deemed to authorize the summary removal of materials for any public work or improvement in course of construction.

5. Temporary obstruction of crossings. No person shall obstruct the walks laid across a public street or at the head of a public slip, by placing or stopping his horse, cart or other carriage upon or across any of the said walks, or by placing or putting any other obstruction or other thing across or on the same. (C. O., § 268.)

168. Removal of unauthorized projections and encroachments and incumbrances.

§ 169. Notification to corporation counsel.

§ 170. Violations.

For cases and authorities relating to general subject of encroachments in public streets see notes to § 140, supra.

Sec. 160. Projections prohibited.-No areas, steps or other projections beyond the building line except those indicated in paragraphs c, d, e, f and h of subdivision 4, § 170, chapter 5 of this Code of Ordinances, shall be built, erected or made upon the following streets, namely:

a. Grand Boulevard and Concourse in the borough of The Bronx, between East 161st. street and Mosholu parkway; excepting that areas as defined by paragraph a of subdivision 4, § 170, chapter 5 of the Code of Ordinances may be erected in that section of the Grand Boulevard and Concourse in the borough of The Bronx, located within a business use district as established by the building zone resolution adopted by the board of estimate and apportionment; b. On Coney Island avenue, from the Plaza at Parkside avenue to Neptune avenue, in the borough of Brooklyn;

c. On Newkirk avenue, between Flatbush avenue and Coney Island avenue, in the borough of Brooklyn.

Adopted April 13, 1920. Approved April 24, 1920.

This subdivision continues the ordinance approved April 25, 1882. It withdraws all stoop-line privileges on Broadway below Fifth-ninth street. It was made necessary by the rapidly growing population of the metropolis and the enormous crowds who use the Broadway sidewalks. The ordinance has been upheld in a number of suits to recover penalties in the Municipal Courts. Where the

photographer Marceau claimed that a marquise, or awning of glass and steel, on his Broadway place was not a "projection" within the terms of the ordinance, held the ordinance meant to forbid all projections of whatever kind. City of New York v. Otto Sarony Co., 86 N. Y. Supp. 27.

§ 161. Areas, special restrictions. Every existing area that is open at the top shall be enclosed with an iron railing in front, and on the sides where there is an opening used for the purposes of ingress and egress, such railing to be at least 3 feet high measured from the base and capable of sustaining a lateral weight of 300 pounds at any part thereof, the gates of which, if any, shall be so constructed as to open inwardly.

Adopted July 2, 1918. Approved July 10, 1918.

The penalty was cut down from 250 to 100 dollars in 1896 and is now governed by § 170. This section has been in force since at least 1821. (See Laws of City of N. Y. 1821, p. 29.) As originally used the ordinance expressly said "no areas below the surface of any street," and since then the area sections have always been inIcluded in the article on vaults.

66

This is important to bear in mind, as the style of construction has changed so much since the word was first used. The tendency of the public has been to assume there was an 'area line" up to which point much latitude in building was shown. Areas must not be confused with courtyards, however, which are not and never were permitted except under special circumstances (see § 165). In the earlier days it was customary to grant to certain streets and avenues, by special ordinance, the right to enclose a courtyard in front of the abutting houses with light iron railings. But such courtyards were held to be illegal and the ordinances void in Lawrence v. Mayor, etc., of N. Y., 2 Barb. 577 (1848), followed in 124 App. Div. 847; 52 Misc. 222. It was under these circumstances, that the courtyards were constructed in Fifth avenue, 42d street, 34th street, 23d street, etc. For example, as to Fifth avenue, between 23d street and 42d street, see ordinance passed September 30, 1844, and earlier ones. The permission, however, was revocable. The change of those streets from residential to business, as well as the growth of the city, have made the local conditions entirely different. That a reasonable encroachment on a public street is lawful for use as an area, was sustained in City of Chicago v. Robbins, 67 U. S. 418. Where The City of New York sought a preliminary mandatory injunction to compel the removal of steps extending fifteen feet on Fifth avenue and of an area extending fourteen feet on 34th street, denied. City of New York v. Knickerbocker Trust Co., 41 Misc. 17. But that a good cause of action was alleged in the complaint sustained in same case. Scott, J., N. Y. Law Journal, Dec. 29, 1903; aff'd in 104 App. Div. 223. And where an owner sought to restrain the municipal authorities from removing a porte-cochere extending out fifteen feet to the so-called area line on Fifth avenue, application denied. George W. Vanderbilt v. City of New York, Blanchard, J., N. Y. Law Journal, June 25, 1903. Also, see City of N. Y. v. Knickerbocker Trust Co., 52 Misc. 222.

An area built as prescribed by the ordinances is legal and must be maintained by the owner in the manner prescribed as long as it lasts. Devine v. Nat. Wall Paper Co., 95 App. Div. 194.

See also Ackerman v. True, 175 N. Y. 353, McMillan v. Klaw & Erlanger, 107 App. Div. 407, and cases cited under § 140 in Obstructions and Incumbrances.

§ 162. Balustrades.-No goods, wares, merchandise or manufactures of any description shall be placed or exposed to show or for sale upon any balustrade that now is or hereafter may be erected upon any street. (Amended by ord. effective Dec. 28, 1915.)

§ 163. Bay windows, show windows. (Repealed by ord. effective Dec. 28, 1915.)

This section is taken from the Ordinance of January 30, 1903.

The case of Williams v. Silverman Construction Co., 111 App. Div. 679, expressly holds that permits granted under this ordinance are invalid, as the Board of Aldermen has no power to allow permanent encroachments on the public highways. But see, contra, Broadbelt v. Loew, 15 App. Div. 343, aff'd 162 N. Y. 642. Section 86 of the Consolidation Act there construed has been practically incorporated in section 49 of the Charter. The Park Commissioners have power to grant permits for bay windows which project beyond the building line but within the stoop-line. Wormser v. Brown, 149 N. Y. 163. This case, however, has been distinguished in Ackerman v. True, 175 N. Y. 353, which declares permits and ordinances allowing

permanent encroachments on the public streets to be invalid. Bay windows have always been allowed in the city, but before this ordinance they were limited to one foot. (See Laws and Ordinances 1793, p. 17, par. 13, and subsequent compilations.) See also Acme Realty Co. v. Schinasi, 154 App. Div. 397, and cases citel under § 140, supra.

§ 164. Cellar steps, cellar doors.-Every entrance or flight of steps, now existing and projecting beyond the line of the street and descending into any cellar or basement story of any house or other building, where such entrance or flight of steps shall not be covered, shall be inclosed with a railing on each side, permanently put up, from 3 to 32 feet high, with a gate to open inwardly, or with 2 iron chains across the front of the entranceway, 1 near the top and 1 in the centre of the railing, to be closed during the night, unless there be a burning light over the steps, to prevent accidents. Where such entrance is covered by a cellar door such door shall be kept in good repair, and shall not be permitted to remain open except when in actual use for ingress or egress of persons or for the loading or unloading of things out of or into such cellar or basement story. Adopted March 26, 1918. Approved April 4, 1918.

In 1793 the limit was one-fifteenth of the street, in 1808 this was changed to one-tenth, and in 1821 the present rate of one-twelfth was fixed.

Schroeck v. Reeis, 46 App. Div. 502; Brogan v. Hannan, 66 N. Y. Supp. 1066; Sturmwald v. Schreiber, 69 App. Div. 476.

By its terms this ordinance is confined to protection at night. Greenberg v. Schlanger, 229 N. Y. 120.

§ 165. Courtyards on private property.—(Repealed ord. effective Dec. 28, 1915.)

$166. Ornamental projections.-(Repealed by ord. effective Dec. 28, 1915.)

The so-called "Ornamental Projection" ordinance of Apr. 20, 1903, was expressly held void in McMillan v. Klaw & Erlanger, 107 App. Div. 407. Since then the courts have repeatedly held permanent projections and encroachments in the streets were illegal. City of N. Y. v. Rice, 198 N. Y. 131; Harfield v. Strauss, 117 App. Div. 671; People ex rel. Cross v. Ahearn, 124 App. Div. 840.

§ 167. Porches, platforms and stoops.-(Repealed by ord. effective Dec. 28, 1915.)

This has remained practically the same since 1821. The Laws and Ordinances of 1793 provided (p. 12) that no platforms, stoop, steps, etc., should extend more than one-tenth part of the width of the street, and should have open backs and railings. By 1817 there was added the limitation, "nor more than seven feet and for the mere purpose of a passageway into the houses or buildings." See Ordinances 1817, par. XII of Ch. 13. In the Ordinances of 1821 we find the height limited to five feet. R. O., 1821. See note under sections 161 as to areas and encroachments. Action to remove nuisance outside stoop-line not allow amendment to include structures within stoop-line. City of N. Y. v. Knickerbocker T. Co., 121 App. Div. 740. See notes to § 140, supra.

This section, with verbal changes, such as the substitution of Board of Aldermen for the Street Commissioner, has been contained in every revision of the ordinances since 1839. "Porches" and "Doors' are named as the earlier ordinances included them in the preceding sections herein referred to.

§ 168. Removal of unauthorized projections, encroachments and incumbrances. The president of the borough having jurisdiction may give a written or printed notice to the owner of the premises, by service upon such owner, or upon the occupant of the premises, requiring such owner to remove or alter any unauthorized projection, encroachment or incumbrance, within a period to be specified in such notice, which shall be in writing, and shall be served personally, or by leaving it at the house or place of business of the owner, occupant or person having charge of the house or lot, in front of which the

projection, encroachment or incumbrance may be, or by posting the said notice or order thereon. At any time after the expiration of the time specified for that purpose in the notice, if such encroachment, encumbrance or projection shall not then have been removed or altered, the president of the borough may, by notice or order, direct and cause such encroachment, incumbrance or projection to be removed or altered, at the expense of the owner or constructor thereof, who shall be liable to the city for all expenses that it may incur by such removal or alteration, together with the penalties prescribed by § 170 of this article, to be recovered with costs of suit. (C. O., §§ 221, 222.)

§ 169. Notification to corporation counsel. The president of each borough shall present and report all encroachments on the streets, which may be brought to his notice, to the corporation counsel, and shall take such other action thereon as may be prescribed by ordinance in relation thereto. (C. O., § 91.)

§ 170. Violations.-Any person who shall violate any of the provisions of this article or fail to comply therewith, or any requirement thereof, or who shall violate or fail to comply with any official order or regulation made thereunder, or who shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, or of any certificate or permit issued thereunder shall, for each and every such violation and non-compliance, respectively, forfeit and pay a penalty in the sum of $50; but if any said violation shall be removed or be in process of removal, within 10 days after the service of a notice made and served as prescribed by section 650 of chapter 5 of this ordinance, the liability of such penalty shall cease and the corporation counsel, on request of the superintendent of buildings having jurisdiction, shall discontinue any pending action to recover the same. Any person who, having been so served with a notice to remove any violation, or to comply with any requirement of this article, or with any order or regulation made thereunder, shall fail to comply with such notice, within 10 days after service thereof, or who shall continue to violate any requirement of this article in the respect named in the notice, shall pay a penalty of $250. (Building Code, § 150, changed to meet C. O., §§ 182, 184, 246.)

ARTICLE 15

SIDEWALKS

Sec. 180. Construction, generally.

§ 181. Abutting owners' duties and responsibilities. $182. Drains across sidewalks.

183. Boardwalks.

§ 184. Carriageways across sidewalks.

$ 185. Property owners may voluntarily lay sidewalks. 186. Interference with sidewalks.

187. Injury to or defacement of sidewalks.

Sec. 180. Construction, generally. All streets of 22 feet in width and upward, shall have sidewalks on each side thereof, the width, materials and construction of which shall fully conform to standard specifications for such work, all of which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (New.)

§ 181. Abutting property owners' duties and obligations. 1. Generally. The owner, lessee or occupant of any house or other building or vacant lot fronting on any street shall, at his charge and expense, well and sufficiently pave, according to this ordinance, and keep and maintain in good repair, the sidewalks, curb and gutter of the street in front of such house, building or lot.

2. Notice to regulate and pave sidewalks. When any street shall have been paved and a majority of owners of lots on the same block shall have regulated and paved their sidewalks, the president of the borough in which the same is located shall give notice to the owner, lessee or occupant of any lot in front of which the sidewalks shall not be paved, to regulate and pave the same within a certain time, to be designated in the notice. Upon complaint being made to the borough president having jurisdiction thereof that any sidewalk, curb or gutter is not paved or repaired according to this article, he may cause a notice to be served upon the owner, lessee or occupant of any house, building or vacant lot of ground fronting thereon to repair or relay, as the case may require, such sidewalk, curb or gutter, within 10 days after the service of such notice.

3. Construction by city; reimbursement by assessment. In case the owner, lessee or occupant shall fail to lay, repair or relay, as the case may require, such sidewalk, curb or gutter, within the time required by the notice and otherwise to comply therewith, the borough president having jurisdiction is hereby authorized and required to lay or relay the flagging and set or reset the curb and gutter, or any of such work, and to do such incidental work as may be necessary properly to construct or repair such sidewalk, and to certify the expense thereof to the board of assessors. The board shall make a just and equitable assessment of such expense among the owners or occupants of all houses or lots deemed to be benefited thereby, in proportion, as near as may be, to the advantages which they may be deemed to have acquired.

Adopted March 12, 1918. Approved March 20, 1918.

§ 182. Drains across sidewalks.-No drain from any building, structure, enclosure or lot of ground shall hereafter be constructed across the surface of, or through or under a sidewalk, unless the material or materials, dimensions and construction thereof shall fully conform to standard specifications for such work, all of which shall be prescribed by the borough president having jurisdiction and kept on file in his office. (New.)

183. Boardwalks.-No board or plank walk shall be constructed or laid down in any street, without the written permission of the borough president having jurisdiction. (Flushing Ords., § 5, made general.)

§ 184. Carriageways across sidewalks. 1. General regulations.No person shall lower the curb or change the grade of a sidewalk in front of any building owned by him, for the purpose of providing