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a carriageway across such sidewalk, 'except upon complying with the following conditions, namely:

(a) Application shall be made in writing by the owner to the president of the borough within which such premises are located;

(b) In consideration of the granting of such permit, the borough president having jurisdiction is hereby authorized to charge a fee for the privilege, to cover all expenses in connection with the inspection of the alteration of the sidewalk, and its ultimate restoration to original grade; and he may make such rules for its proper care and cleaning as he deems desirable;

(c) Every such carriageway shall be constructed under the supervision and subject to the direction of the president of the borough having jurisdiction, and on condition that upon failure to comply with all the terms of the permit the privilege may be revoked and the sidewalk restored to its original grade, at the expense of the person, to whom the permit was granted, or of the grantee then having title to the abutting property. (C. O., § 530, amend.)

2. Construction. All private carriageways, crossing sidewalks shall be paved with granite, bluestone or artificial stone, and not with bricks or with round or paving stones. (C. O., § 122.)

3. City may construct or reconstruct at expense of owner. In case any part of a private carriageway shall not be paved, repaved or repaired according to the provisions of the preceding subdivision, the borough president having jurisdiction may order, in writing, the same to be done within a time mentioned in the order. At the expiration of such time, the work may be done under the direction of the borough president, and the expense thereof shall be a lien upon the lot fronting thereon. (C. O., § 123.)

§ 185. Property owners may volunatarily lay sidewalks.-Any owner of property may lay a sidewalk in front of his premises, of such material and in such a manner as may be prescribed by the borough president having jurisdiction, but no sidewalk shall be so laid unless under written permit issued by the borough president. (New.)

§ 186. Interference with sidewalks. No sidewalks or any part of a sidewalk shall be taken up in whole or in part, for any purpose whatever, without the written permission of the president of the borough having jurisdiction, under the penalty of $25 for each offense; but the provisions of this section shall not apply to the making of necessary repairs to any such sidewalk, nor to the resetting, when necessary, of any curb or gutter stone that may have become displaced, broken or sunken, nor to the necessary repair or alteration of any coal slide under a sidewalk. (C. O., § 121.)

§ 187. Injury to or defacement of sidewalks. 1. Breaking or injuring. No person shall break or otherwise injure any sidewalk or footpath under the penalty prescribed by § 189 of this article; provided that such penalty shall not accrue in case of an accidental breaking of or injury to a sidewalk, which is repaired, to the satisfaction of the borough president having jurisdiction, within 48 hours after such break or injury. (C. O., § 267.)

2. Defacing. No person shall deface any sidewalk by printing or writing thereon, or attaching thereto, in any manner any advertisement or other printed matter. (Manh. Ords., § 84.)

§ 188. Obstructions. 1. Merchandise.-No person shall hang or

place any goods, wares or merchandise, or suffer, maintain or permit the same to be hung or placed, at any greater distance than 3 feet in front of his or her house, store or other building, and not a greater height than 5 feet above the level of the sidewalk. Wares or merchandise in process of loading, unloading, shipment or being received from shipment, may be transferred from trucks or other vehicles over the sidewalk by the use of skids, or by backing up trucks on the sidewalks while so doing. Household furniture may be temporarily placed on a sidewalk for the purpose of loading or unloading the same during daylight and without unreasonable delay; but, in any such case, a passageway shall be kept open within the stoopline of the building, abutting on the sidewalk so obstructed, for the free movement of pedestrians. (C. O., § 262, revised.)

For a century no goods, wares or merchandise could be hung in the street more than one foot beyond the house-line. (Law and Ordinance 1793, p. 17, and subsequent revisions.) But this was gradually enlarged by ord. of April 8, 1884; Sept. 9, 1889; March 29, 1894, and Dec. 7, 1896. While goods may be placed on the sidewalk in process of shipment, this must be temporary only and not amount to a virtual appropriation of the sidewalk to a private owner's use. Callanan v. Gilman, 107 N. Y. 360. Permits cannot be given to display goods and merchandise on the sidewalk. People v. Willis, 9 App. Div. 214.

2. Vehicles. Except as otherwise provided in this section, no person shall lead, ride or drive a horse or permit or suffer any cart or other wheel carriage to be driven or otherwise to pass or go over or upon the footpath or sidewalk of the city, for any purpose whatever, except over a driveway authorized and constructed in accordance with the provisions of § 184 of this article. (C. O., § 266, revised, amend. May 7, 1916.)

§ 188a. Subway gratings, sweeping into.-No person shall sweep any substance from a sidewalk or other place into a grating used for the purpose of ventilating any subway railroad. (Ñew.)

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

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§ 189. Violations.-No person shall violate any of the provisions of this article under a penalty of $50 for each offense. No such violation shall be continued under an additional penalty of $5 for I each day so continued. Any person who shall wilfully violate, or neglect or refuse to comply with any provision of this title, or any lawful regulation, order or special direction made thereunder, may also, upon conviction thereof, be punished by a fine of not more than $50, or by an imprisonment for not exceeding 39 days, or by both such fine and imprisonment. (New. Charter, § 773 and C. O., § 379.)

ARTICLE 16

SIGNS AND SHOWBILLS

Sec. 210. General provisions.

§ 211. Ground signs and roof signs.
212. Ground signs, special provisions.
213. Roof signs, special provisions.
214. Signs on walls.

§ 215. Illuminated signs.

216. Unsafe signs.

217. Unlawful signs.

218. Alteration of existing signs.

219. Exemptions.

220. Retroactive effect.

221. Inspections.

222. Public signs, protection of.
223. Violations.

Sec. 210. General provisions. Except as otherwise specified in the succeeding sections of this article, signs, showbills and showboards may be placed on the fronts of buildings, with the consent of the owner thereof. They shall be securely fastened, and shall not project more than 1 foot from the house wall, except that signs may be hung or attached at right angles to any building, except a building in the borough of Manhattan, on Fifth avenue, between Washington square north and 110th street, or on 34th street, between Fourth avenue and Seventh avenue, or on Madison avenue, between 34th street and 72d street, or on 57th street, between Lexington avenue and Broadway, and extend, not to exceed 3 feet therefrom, in the space between the second floor (the ground floor being considered the first floor) and a point 8 feet in the clear above the level of the sidewalk in front of such building. Signs may be attached to the sides of stoops, but not to extend above the railing or beyond the stoop-line of any stoop. No sign, showbill, or showboard shall be placed, hung or maintained except as prescribed in this article.

Adopted December 14, 1920. Approved December 23, 1920.

Signs have always been allowed at a distance of one foot. See Laws and Ordinances, 1793, p. 18. This article embraces the former provisions as to "sky signs" in section 144 of former Building Code. See Chapter 5, Building Code, art. 22 of the present code which defines manner of construction of frame fences, bill-boards and signs. Restriction of bill-boards to 6 feet valid. City of Rochester v. West, 164 N. Y. 510; Gunning v. Buffalo, 75 App. Div. 31.

Ordinance in Hastings held unreasonable as to bill-boards. People v. Hastings, 77 Misc. 453. See notes 21 L. R. A. (N. S.) 735.

Bill-board restrictions are reasonable and valid exercise of police power. People ex rel. Van Beuren v. Miller, 161 App. Div. 138.

The provisions of former section 144 of Building Code as to signs refer to billboards and sky-signs only, all others come under the general ordinances. People v. Schmidt, 51 Misc. 258.

See also People ex rel. Publ. Leasing Co. v. Ludwig, 218 N. Y. 540 (aff. 172 App. Div. 71); and Southern Leasing Co. v. Ludwig, 217 N. R. 100.

§ 211. Ground signs and roof signs. 1. Permits required.-No ground sign or roof sign shall be erected until a permit therefor shall have been issued by the superintendent of buildings having jurisdiction. Each superintendent of buildings may prescribe suitable regulations, consistent with the provisions of this article, concerning the forms and contents of applications for the various forms of permits. (Ord. May 29, 1914.)

2. Plans and specifications. No such permit shall be issued unless plans and specifications, showing the dimensions, material and details of construction of the proposed sign, accompanied by the written consent of the owner or lessee of the property upon which it is to be erected, shall have been filed with the superintendent of buildings having jurisdiction, nor until all of the provisions of the

Building Code, relating to suchstructures, shall have been complied with. (Id., § 6.)

3. Illuminated signs. In the case of an illuminated sign illuminated by electricity, a certificate must also be procured from the department of water supply, gas and electricity, certifying that the electric wiring and electric appliances of the proposed sign are in conformity with the rules and regulations of that department. (Id., § 6.)

4. Fees. Before any permit shall be issued under this section, a fee therefor shall be paid to the appropriate bureau of buildings as follows: For ground signs, $2; for roof signs having a tight, closed or solid surface, $5; for roof signs not having a tight, closed or solid surface, $10; provided that each face of any such sign structure, when fronting on different streets shall be considered to be a separate sign. (Id., § 6.)

5. Existing structures. Permits shall be issued for signs existing in the 29th day of May, 1914, not conforming to the requirements of §§ 212 and 213 of this chapter, provided such signs were erected and are maintained in conformity with the legal requirements in effect when they were erected, but no fees shall be charged for permits or registration for existing signs.

Adopted February 13, 1917. Became effective February 27, 1917.

6. Registration and identification. Every ground sign and roof sign existing or hereafter erected, shall be registered with the bureau of buildings of the borough in which such structure is situated, by the person maintaining the same, and shall have displayed upon the front thereof the name and address of such person, and the serial number of the permit issued for such structure. The bureau of buildings may issue permits in several series so as to distinguish between existing signs and new sign structures erected in conformity with this article, or between various classes of signs. (Id., § 7.) § 212. Ground signs; special provisions. 1. Construction.-No ground, fence, bill-board or sign within the fire limits of the city shall be at any point over 12 feet above the ground; provided that when the face of any sign, excepting the ornamental moulding thereof, shall be constructed entirely of metal or of wood covered on all sides with sheet metal, the sign shall not be at any point over 24 feet above the ground. (Ord. May 29, 1914, § 2.)

2. Maintenance. Any person, occupying any vacant lot or premises with a bill-board, sign or other advertising structure or device, shall be subject to the same duties and responsibilities as the owner of the lot or premises, with respect to keeping the same clean, sanitary, inoffensive and free and clear of all noxious substances in the vicinity of such bill-board, sign, structure or device; and with respect to the removal of snow from the sidewalk and curb in front thereof. (Id., § 2.)

§ 213. Roof-signs, special provisions. 1. Construction.-All roof sign structures shall be so constructed as to leave a clear space of at least 7 feet between the roof level and the lowest part of the structure, and at least 5 feet between the vertical supports thereof; such structures shall be set back at least 6 feet from the face of the front and rear walls and shall not interfere with any openings in the roof or with any fire escape. Such structures, excepting the ornamental

surface moulding thereof, shall be constructed entirely of metal, including the uprights, supports and braces for same, and shall be required to bear a wind pressure of not less than 30 pounds to the square foot of area subject to such pressure. (Id., § 3.)

2. Restrictions. (a) No roof sign structure having a tight, closed or solid surface shall be at any point over 31 feet above the roof level. (b) Roof sign structures not having a tight, closed or solid surface may be erected upon fireproof buildings to a height not exceeding 75 feet above the roof level, and upon non-fireproof buildings to a height not exceeding 50 feet above the roof level, but the portions of such structures covered and exposed to wind pressure shall not exceed 35 per cent. of the total area. (Id., § 3.)

§ 214. Signs on walls. 1. Construction.-No sign shall be erected upon the front, rear or side wall of any building so as to project above either the roof cornice or parapet wall, or above the roof level, where there is no cornice or parapet wall; except that a sign erected at a right angle to the building wall, the horizontal width of which sign parallel to such wall does not exceed 2 feet, may be erected to a height not exceeding 2 feet above the roof cornice or parapet wall, nor above the roof level where there is no cornice or parapet wall. A sign attached to a corner, and parallel to the vertical line of such corner, shall be deemed erected at a right angle to the building wall. (Id., § 4.)

2. Restriction. No such sign shall be so erected as to cover the doors or windows of any building, or otherwise prevent free ingress or egress to or from any window, door or fire escape on any building. (Id., § 4.)

§ 215. Illuminated signs. 1. Application of preceding sections.— Except as hereinafter specifically prescribed, all provisions of §§ 211 to 214, inclusive, of this article, shall apply to the continuance, construction, alteration, reconstruction, and maintenance of illuminated signs, as hereinafter defined. (As amend. by ord. eff. May 2, 1916.) 2. Issue of permits. All permits for illuminated signs shall be issued by the city clerk, upon application therefor, approved by the commissioner of water supply, gas and electricity and the superintendent of buildings in the case of electric signs, and, in the case of gas signs, by the fire commissioner and the superintendent of buildings. A permit or renewal thereof issued hereunder, upon the expiration thereof or within 30 days thereafter, may be renewed for a period of 1 year; and, upon the payment by the applicant of the fee therefor and the surrender of the old permit, accompanied by satisfactory proof in the form of an affidavit that the illuminated sign is the same as when originally licensed, and that the wiring or piping of the sign is in good condition the city clerk may issue the permit, excepting that no permits shall be issued under the provisions of this article for the erection and maintenance of illuminated signs, except carriage calls, and except illuminated signs existing upon theatres, or other places of amusement, upon December 13, 1921, on a building in the Borough of Manhattan, on Fifth avenue between Washington square north and 110th street, or on 34th street between Fourth avenue and Seventh avenue, or on Madison avenue, between 34th street and 72d street, or on 57th street, between Lexington avenue and Broadway. Each such permit shall be kept upon

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