. ! ilex' IjmYcRoITf- u.r flLlivJlo SEP 2 5 1916 CITY OF YONKERS Code of Ordinances ! - :( ADOPTED BY THE COMMON COUNCIL DECEMBER 26, 1911 3 ic7-f 7 \2> H Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/codeofordinancesOOyonk OFFICERS OF THE LATE VILLAGE OF YONKERS. 02 O Ph 02 o PH w 02 O Ph o Ph o Ph £ £ £ £ 1-0 42 o U o 63 >5 hP 42 40 o U d eg hP o Hd o O 0 c3 a hP -O 43 o U d o3 g hH -d !h -d Fh O 0 2 s Ph bo bo "W S3 00 O *4-1 d3 c8 Ph o «4-H -d d PP T3 O O ■£ 0 0 ss 44 12 0 Ph O § Ph’ .a *14 eg .a "4 c3 ss Oh Oh d d ftn a c3 a c3 ?£ 44 (H 02 d 4 4 44 44 12 i 1 a s: 1 12 -O O Ph a 0 42 EH d 42 O H5 d 42 O H5 Fh 0 > PP «o <4 3 S» &H 02 4H O 0) 42 12 H P< d d o C/2 bJD .S o3 £ d £ Ph 'S g Ph > uJ * § • 4 — > Ph WJ ^ d 02 CS ^ Ph Ph s -M -a 13 •3 Ph PP d cS ^ oT £>• 13 Ph 12 Ph d o3 > £ -3 d o a o O d -d O •“5 iT 44 pH G 12 PP d 02 12 a a H-5 C3 O Ph 12 O > 12 Q 02 - 42 ' 42 o a £ J2 *a pp PP bo o3 hO 42 o w >> 12 ^ ^2 -g u d c3 d 42 eg £ 42 Ph _t_j 02 0 a • » 02 42 4^ O ?K 1 & O ^ cj PP iT 44 d o Oh o u d 42 o >-5 02 PP j O ^ PP OC r K be c3 S ^ S« pd 4 -> PP bo rj bo ^ eg , • § HI ■fJ 02 C3 12 d ^ £ a §1 a - be ^ be -v c3 44 S s g u ^ pp w Sh 12 TJ d P "d F-h d £ -d PP 12 Oh O U g o s -d g o £ ^ s 8 ^ *3 jq in 5 u § Sic HH 02 - 12 2 & -g o 5J Ph _T Oh ^ 12 02 O H-5 d5 03 d TJ W . c3 12 . 4-1 2 c n s s ►’ I 8 4 -O . 02 12 vd 2 ° g fH cS 12 42 12 S c« • 12 2 44 «3 C£! rs d o ^ 4 -> bo Sh .a g IP 42 Ph Oh hP s « ^ 2 T2 ^ 2 03 *d ^5 'S Ph « hh ^ a d oj id 4 ffi H d d? « *4 rj o .a «H— I > "d ^ d 2 d • ^ Ph *- e Ph X 1 Ci 1 O ;o rH 1 0 * 1 X 4P i> 1 X 0 0 1 rH ©* X *d so CO so SO X X X X X X X rH T — 1 rH rH rH rH 1— 1 11 ALDERMEN Year. First Ward. Second Ward. Third Ward. 1872-3 Eli L. Seger John Brennan Albert Keeler Wm. Macfarlane Ethan Flagg H. L. Garrison 1873-4 Eli L. Seger John Brennan Albert Keeler Wm. Macfarlane H. L. Garrison James Stewart 1874-5 Eli L. Seger Abram S. Radcliff Wm. Macfarlane Chas. T. Mercer James Stewart John S. White 1875-6 Abram S. Radcliff Joseph W. Riley Chas. T. Mercer Wm. H. Copcutt John S. White Robert Neville 1876-7 Joseph W. Riley Joseph M. Murphy Wm. H. Copcutt James W. Mitchell Robert Neville G. L. Morse 1877-8 Joseph W. Riley Joseph M. Murphy James W. Mitchell Joseph M. Tompkins G. L. Morse Fred. Shonnard 1878-9 Thomas Egan Bernard Cullen Joseph M. Tompkins Edward Underhill Isaac D. Cole G. W. Valentine 1879-80 Thomas Egan Bernard Cullen Edward Underhill Jonathan Vail Isaac D. Cole John Pagan 1880-1 Thomas Egan Edward J. Mitchell Edward Underhill Jonathan Vail John Pagan Wm. P. Ketcham 1881-2 Thomas Egan Edward J. Mitchell Edward Underhill Jonathan Vail Wm. P. Ketcham John F. Thomson 1882-3 Thomas Egan Edward J. Mitchell Jonathan Vail Leander Hodges John F. Thomson Fisher A. Baker 1883-4 Edward J. Mitchell Thomas Egan Leander Hodges Chas. T. Mercer Fisher A. Baker J. Irving Burns 1884-5 Edward J. Mitchell Thomas Egan Chas. T. Mercer Thomas L. Mottram J. Irving Burns Michael F. Murray 1885-6 Edward J. Mitchell George H. Lowerre Thomas L. Mottram Wm. Greenhalgh Michael F. Murray Edwin A. Quick 1886-7 George H. Lowerre Wm. H. Casey Wm. Greenhalgh John Schlobohm Edwin A. Quick Maurice H. Downing 1887-8 Wm. H. Casey Thos. J. Lally John Schlobohm Edward Underhill Maurice H. Downing John J. Broderick 1888-9 Thos. J. Lally Jas. P. Gorman John Schlobohm Edward Underhill John J. Broderick Chas. H. Butler Ill ALDERMEN. Fourth Ward. Fifth Ward. Sixth Ward. Seventh Ward. Henry R. Hicks Zeb. H. Brower Henry R. Hicks Michael Mooney Henry R. Hicks Michael Mooney Henry R. Hicks Michael Mooney Henry R. Hicks Michael Mooney Henry R. Hicks I. V. Underhill Henry R. Hicks I. V. Underhill Henry R. Hicks I. V. Underhill Henry R. Hicks L. V. Underhill Henry R. Hicks Jas. F. D. Crane Henry R. Hicks Jas. F. D. Crane Henry R. Hicks Michael Mooney Michael Mooney I. V. Underhill Michael Mooney T. V. Underhill Michael Mooney I. V. Underhill Michael Mooney I. V. Underhill Michael Mooney John A. Kane IV ALDERMEN — Continued. Year. First Ward. Second Ward. Third Ward. 1889-90 Jas. P. Gorman Thos. J. Lally John Schlobohm Marvin R. Oakley Chas. H. Butler John J. Broderick 1890-1 Thos. J. Lally Finton Phelan Marvin R. Oakley John Schlobohm John J. Broderick Edwin A. Quick 1891-2 Thos. J. Lally Finton Phelan Marvin R. Oakley John Schlobohm John J. Broderick Edwin A. Quick 1892-3 John F. Brady Thos. J. Lally Marvin R. Oakley A. H. Tompkins John J. Broderick Thomas E. Booth 1893-4 John F. Brady Thos. J. Lally A. H. Tompkins Henry Gaul John J. Broderick Thomas E. Booth 1894-5 Thos. J. Lally Leslie Sutherland A. H. Tompkins Henry Gaul John J. Broderick George H. Kaler 1895-6 Leslie Sutherland Michael Fitzgerald A. H. Tompkins Henry Gaul John J. Broderick George H. Kaler 1896-7 John H. South wick Charles E. Skinner E. Alex. Houston Arthur W. Nugent George H. Kaler Hyatt L. Garrison 1897-8 Charles E. Skinner John H. Southwick Arthur W. Nugent E. Alex. Houston George H. Kaler Hyatt L. Garrison 1898-9 John H. Southwick William H. Costello Jere A. McCue John Schlobohm Hyatt L. Garrison George H. Kaler 1899-1900 William H. Costello John H. Southwick John Schlobohm Jere A. McCue Harry A. Archibald Hyatt L. Garrison 1900-1 John H. Southwick . William H. Costello John H. Coyne John Schlobohm Hyatt L. Garrison Harry A. Archibald V ALDERMEN. — Continued. Fourth Ward Fifth Ward Sixth Ward Seventh Ward. Wm. Austin John A. Kane Wm. Austin John A. Kane John A. Kane David H. Taxter John A. Kane David H. Taxter John Schlobohm Geo. U. Stewart John A. Kane Joseph H. Beall John Schlobohm James P. Dunn Joseph II. Beall Michael Mooney James P. Dunn John Schlobohm Michael Mooney Edgar U. Reynolds John Schlobohm E. Alex. Houston Michael Fitzgerald Leslie Sutherland Henry Gaul A. H. Tompkins John J. Broderick Patrick J. Curran E. U. Reynolds Michael Mooney Leslie Sutherland John J. Loehr A. H. Tompkins Robert Ferguson John J. Broderick Patrick J. Curran E. U. Reynolds Michael Mooney John J. Loehr Michael J. Walsh Robert Ferguson A. H. Tompkins Patrick J. Curran Michael H. Reagan Francis J. Hackett Dudley F. Valentine Michael J. Walsh John J. Loehr A. H. Tompkins Robert Ferguson Michael H. Reagan Patrick J. Curran Dudley F. Valentine Francis J. Hackett John J. Loehr Michael J. Walsh Robert Ferguson A. H. Tompkins Patrick J. Curran Michael H. Reagan Francis J. Hackett Dudley F. Valentine VI ALDERMEN. First Ward. Second Ward. Third Ward. 1901-2 Wm. H. Costello John H. Southwick John H. Coyne John Schlobohm Hyatt L. Garrison Harry A. Archibald 1902-3 John H. Southwick George N. Rigby John H. Coyne John Schlobohm William Shrive Hyatt L. Garrison 1903-4 George N. Rigby John H. Southwick John H. Coyne John H. Schlobohm William Shrive Hyatt L. Garrison 1904-5 Daniel J. Cashin John H. Southwick John H. Coyne Arthur W. Nugent Hyatt L. Garrison Harry A. Archibald 1905-6 Daniel J. Cashin John H. Southwick John H. Coyne Arthur W. Nugent Harry A. Archibald Alfred C. Bechet 1906-7 Daniel J. Cashin John H. Southwick Arthur W. Nugent John M. Richardson Alfred C. Bechet Charles E. Otis 1907 Daniel J. Cashin John H. Southwick Arthur W. Nugent John M. Richardson Alfred C. Bechet Charles E. Otis 1908-9 Charles P. Miller Arthur W. Nugent Frederick C. Lawyer 1910-11 Charles P. Miller Arthur W. Nugent & Frederick C. Lawyer 1912 Charles P. Miller William H. Healy John S. Davis Vll ALDERMEN — Continued. Fourth Ward. Fifth Ward. Sixth Ward. Seventh Ward. John J. Loehr Michael J. Walsh Robert Ferguson A. H. Tompkins Patrick J. Curran Michael H. Reagan Dudley F. Valentine Francis J. Hackett John J. Loehr John T. Geary Robert Ferguson Edward J. Earl Patrick J. Curran Michael H. Reagan Clarence W. Clark Dudley F. Valentine John J. Loehr John T. Geary Robert Ferguson Edward J. Earl Patrick J. Curran Michael H. Reagan Clarence W. Clark Dudley F. Valentine John J. Loehr Peter F. Smyth Robert Ferguson Jos. Schmeckenbecher William F. Corbalis Michael H. Reagan Clarence W. Clark Dudley F. Valentine John J. Loehr Peter F. Smyth Jos. Schmeckenbecher Robert Ferguson William F. Corbalis Michael H. Reagan Claernce W. Clark Fred’k. H. Stilwell John J. Loehr Thomas F. Larkin Robert Ferguson Jos. Schmeckenbecher William H. Corbalis Michael H. Reagan Seymour Mooney Fred’k. H. Stilwell Thomas F. Larkin John J. Loehr Robert Ferguson Jos. Schmeckenbecher William F. Corbalis Michael H. Reagan Seymour Mooney Fred’k. H. Stilwell John J. Loehr Stephen Porach William F. Corbalis John M. Meyers Thomas M. Tobin Isaac R. Minnerly William F. Corbalis John L. Hayes Harry T. Foley Stephen Porach William F. Corbalis Daniel H. Bricker Vlll Eighth Ward. ALDERMEN — Continued. Ninth Ward. B. F. R. Adams B. F. R. Adams B. F. R. Adams Fred’k. H. Stilwell Fred’k. H. Stilwell Fred’k. H. Stilwell Tenth Ward. Seymour Mooney Seymour Mooney Seymour Mooney IX CITY OFFICERS. CITY OF YONKERS. 19 12 . Mayor— JAMES T. LENNON. Executive Clerk — Thomas A. Brogan. City Clerk — Joseph F. O’Brien. Deputy — John T. Geary. Assistant — Elmer J. Craft. COMMON COUNCIL President — John J. Sloane. Aldermen: First Ward — Charles P. Miller, Second Ward — William H. Healy, Third Ward — John S. Davis, Fourth Ward — Harry T. Foley, Fifth Ward — Stephen Porach, Sixth Ward — William F. Corbalis, Seventh Ward — Daniel H. Bricker, Eighth Ward — B. F. R. Adams, Ninth Ward — Frederick H. Stilwell Tenth Ward — Seymour Mooney. SUPERVISORS. First Ward — George Engle, Second Ward — Arthur C. Barrett, Third Ward — Edward A. Forsyth, Fourth Ward — John J. Stahl, Fifth Ward — Thomas J. O’Brien, Sixth Ward — Michael J. Nolan, Seventh Ward — William Dunn, Eighth Ward — Alfred M. Bailey, Ninth Ward — Benjamin Fitz Gibbon, Tenth Ward — Michael J. Molloy. MISCELLANEOUS. Comptroller — Joseph Miller. Deputy — James D. McIntyre. Auditor — Frank G. Gertenbach. City Treasurer — Gideon H. Peck. Deputy City Treasurer — Ethelbert B. Embree. Tax Receiver — Charles E. Hartshorn, jr. Deputy Receiver — William E. Folkes. Commissioner of Public Safety — James J. Fleming. Deputy — George C. Kearns. Con- fidential Secretary — Jos. P. Crowley. Clerk of Police Department — James D. Ivers. Health Officer — Dr. William S. Coons. Deputy — Dr. John A. Faiella. Health Physicians — Dr. C. V. Umsted, Dr. Douglas C. Paterson, Dr. Eugene J. Gallagher. Commissioner of Public Works — John A. Brady. Deputy — Patrick J. Farrell. Park Super- intendent — Henry Tietze. Superintendent of Water Works — Edward L. Peene. X City Engineer — Samuel L. Cooper. Deputy — William H. Baldwin. Assistant — Daniel Fulton. Corporation Counsel — Thomas F. Curran. Assistant — Max Cohen. Commissioner of Charities — Alfred Fox. Deputy — Alphons Blasewitz. Building Inspector — J. Sims Bartley. Assistant — Robert Griffin. Assessors — Robert H. Neville. Chairman; Daniel W. Carroll, Frederick D. Breithack, John J. Loehr. Apportionment Clerk — Patrick F. Carroll. Clerk — William H. Fisher. City Judge — Joseph H. Beall. Municipal Building, Woodworth Avenue. Acting City Judge — Matthew Henry Ellis. Clerk — Henry J. Ritchie. Stenographer — Gustav Desgrey, jr. Marshal — Michael J. Meagher. Interpreter — Alouis Lindner. Probation Officer — James J. Garrity. Justices of the Peace — Thomas W. Ivers, Jacob Wolff, Bernard E. Reardon, August P. Hilger. Civil Service Commissioners — William H. Rubien, President; Frank O. Brady, Robert B. Hamilton; James H. Malone, Secretary. Chief of Police — Daniel Wolff. Captains — William H. Lent, Hugh D. Brady, George Cooley. Chief of Fire Department — James J. Mulcahev. Department Clerk — William P. Constable Board of Contract and Supply — Mayor, Comptroller, Public Works Commissioner, Cor- poration Counsel and City Engineer. Secretary — James V. Mahony. Board of Estimate and Apportionment — Mayor, Comptroller, Corporation Counsel, Council President and City Engineer; on occasions, as substitute, City Treasurer. Secretary — Joseph F. O’Brien. Board of Education — Chas. Philip Easton, President; John F. Brennan, Vice President; Dr. Harry W. Bertholf, Rudolf Eickemeyer, John T. McKenna, Samuel M. Steven- son, Michael J. Cantwell, Dr. Valentine Browne, Richard Edie, jr., George Bullock, Walter F. Haskett, Matthew F. Charde, Prof. Marshall S. Brown, Walter M. Taussig, Timothy Murray. Superintendent and Clerk, Charles E. Gorton; Treasurer, Gideon H. Peck; Secretary, J. H. Claxton. Examining and Supervising Board of Plumbers and Plumbing — Robert Harper, James J. Donovan and Alexander Thomson; ex-officio. Health Officer Coons, Pubilc Works Commissioner Brady, Plumbing Inspector Bray. James J. Hanrahan, Clerk. Board of Examiners of Engineers — John H. Buckley, John Brown, George B. McGovern. Boiler Inspector, — John Brown. Municipal Art Commission — Rudolf Eickemeyer, G. Howard Chamberlin and D. Mc- Neely Stauffer. Inspector of Combustibles — Michael M. Landy. Sealer of Weights and Measures — John D. Eylers. Public Weighmaster — Robert Enright. Official Dog-Catcher — Michael Whalen. Assistant — John Gaberino. ♦ Code of Ordinances OF THE CITY OF YONKERS ADOPTED DECEMBER 26, 1911 TABLE OF CONTENTS. PAGE Article I. — Corporate Seal 5 “ II.— The City Clerk 5 “ III. — The Public Streets... 6 “ IV. — Vehicles and Street Traffic 14 “ V. — Wharves and Docks... 32 “ VI. — Of Nuisances and the Preservation of Good Order 36 “ VII. — Auctioneers, Peddling and Junk Shops.... 43 “ VIII. — Excursions and Picnics 49 “ IX. — Sealing and Inspection of Weights and Measures 50 “ X. — Sewer and Drain Connections 56 “ XI. — Fires and Precautions Against Fire 58 “ XII.— Of the Running at Large of Animals in the Streets 60 “ XIII. — Hackney Coaches, Cabs, Stages, Dri- vers and Expressmen 63 “ XIV. — Commissioner of Charities 70 “ XV. — Inspection of Steam Boilers and En- gineers, and Licensing Engineers and Firemen 72 “ XVI. — Manufacture, Transportation, Sale, Storage and Use of Fireworks 81 “ XVII. — Street Paving Materials 95 “ XVIII.— Building Code .110 “ XIX. — Construction and Licensing of Vaults and Cisterns 190 XX. — Maintenance and Use of Garages 198 “ XXL — Use, Sale, Storage, Giving or Trans- portation of Explosives 209 “ XXII. — Labor and Supplies for the Munici- pality 228 “ XXIII. — Sanitary Code... 229 “ XXIV. — Miscellaneous Provisions 282 349923 . - ' . : AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF THE CITY OF YONKERS. The City of Yonkers , in Common Council convened , hereby ordains and enacts: ARTICLE I. CORPORATE SEAL. Section 1. The corporate seal of the city shall consist of the device of the bust of Washington with the American flag folded underneath, surrounded by the words: “Corpor- ation of the City of Yonkers.” ARTICLE II. THE CITY CLERK. Section 1. It shall be the duty of the City Clerk: To preserve safely, keep and methodically arrange all papers, maps, surveys, books, undertakings and deeds belonging to the city or relating to its affairs which now are or hereafter shall be in his possession as such Clerk, and to mark on all papers filed in his office the time of filing the same. He shall not part with the possession of any papers, maps, surveys, books, undertakings and deeds without permission of the Common Council, except in obedience to an order of the Court, or in pursuance of a subpoena requiring the production of the same. § 2. To keep a journal of the proceedings of the Com- mon Council, and to enter therein all resolutions and ordin- 5 6 Code of Ordinances. ances of the Common Council within ten (10) days from the passage thereof respectively; § 3. To notify, in writing, all persons who shall be ap- pointed to any office under or by virtue of the charter of the city within twenty-four (24) hours after the certificate of such appointment shall have been filed in his office, which notice shall be served either personally or by mail; § 4. To cause every ordinance of the Common Council imposing a penalty for the violation of its provisions and any amendment thereto to be published in the official city news- papers or newspaper once in each week for two successive weeks, and to procure duplicate proofs of such publication and to file one such proof in his office and one in the office of the Corporation Counsel: § 5. To cause to be published all notices the publication of which is required by law, except when the duty of publish- ing such notices is imposed by law upon some other officer, and to procure duplicate proofs of such publication and to file one proof in his office and one proof in the office of the Cor- poration Counsel; § 6. To keep a journal of the proceedings of the Board of Estimate and Apportionment, and to enter therein all resolutions of the Board of Estimate and Apportionment within ten (10) days from the passage thereof respectively. ARTICLE III. THE PUBLIC- STREETS. Section 1. No person shall place or cause to be placed, in or upon any public street, sidewalk or place, any building material, or any earth or rubbish, or any obstruction to the free use thereof, without a written permit from the Commis- sioner of Public Works, under a penalty of five dollars ($5.00) for each offense, and a further penalty of five dollars ($5.00) for each and every twenty-four (24) hours during which the articles or materials aforesaid shall be or remain in any such Code of Ordinances. 7 public street or place without such permit after notice from any officer or policeman of the city to remove the same. No building materials, stone, brick, iron or other heavy substance, shall be dumped, piled or placed on any asphalt pavement unless the pavement has been protected by a platform, or plank or timbers. The Commissioner of Public Works is authorized to grant permits, upon payment to him for the use of the city of the sum of ten dollars ($10.00), to deposit building materials, or earth, or rubbish, taken from any lot preparatory to building in any street; no such permits shall be for a longer period than three (3) months, nor authorize the obstruction of any part of the sidewalk, nor more than one-third of the carriage- way of the street opposite the lot or place where the building is proposed to be erected. Any person to whom such a permit is granted shall cause all the building material, earth and rubbish to be promptly removed from the street by the expiration of the time limited in such permit under the penalty of five dollars ($5.00), and a further penalty of five dollars ($5.00) for every twenty-four (24) hours that the same shall be and remain thereon after notice from said Commissioner or any officer or policeman of the city to remove it. § 2. No person shall disturb the surface of any street or sidewalk, or dig up or into, or tunnel under or undermine, or cut into or in anywise injure or destroy the pavement of any public street or sidewalk of the city for any purpose without a written permit from the Commissioner of Public Works; under a penalty of not less than five, (5) nor more than one hundred and fifty dollars ($150.00) for each offence in the discretion of the magistrate convicting. The Commissioner of Public Works is authorized to grant permits to open and to excavate in a street or sidewalk for the purpose of laying and repairing gas and water mains and pipes, conduits for electrical or other wires, sewer pipes and drains, upon payment to him for the use of the city of the sum of ten dollars ($10.00), and the filing with him of a bond of indemnity in form, amount and with sureties satisfactory to him, conditioned on the prompt restoration of the street 8 Code of Ordinances. pavement and surface and sidewalk to its original condition, and on holding the city harmless from any loss or damage because of such opening or excavation. No permit shall, however, be granted for the opening or excavating of any street or public place for the purpose of laying gas mains or to run conduits through and along such street or public place until the Common Council shall have by ordinance permitted the laying of such mains or conduits. § 3 . Any person who shall place or cause to be placed in any of the streets or public places of the city any building materials, or any earth, stone, sand, or any other obstruction whatever, or who shall make or cause to be made any exca- vation of such street or public place, shall during every night that the place shall continue open, cause such excavation to be surrounded by a good and substantial barrier and a suffi- cient light or lights to be maintained near such obstruction or excavation for the protection of travelers and passengers from damage or injury by reason of such obstruction or excavation. Any person violating the provisions of this section shall be liable to a fine of not less than one hundred dollars ($100.00) nor more than one hundred and fifty dollars ($150.00), but nothing herein shall exclude such person from liability to the city for damages sustained. § 4. No person shall expectorate upon any sidewalk, nor leave or deposit any dead animal or any manure, filth, waste dirty water, rubbish, litter, glass, china, nails or tacks in or on any of the streets or sidewalks of the city; nor cast or deposit any straw, shavings, wood, stone, shells, rubbish or any filth or other substance tending to cause an obstruc- tion, nuisance or injury in any drains, ditches, gutters, sewers, and non-navigable waters within the city ; nor cast or deposit any filthy or dirty water upon their own lots or buildings in such manner that it may flow or be discharged on any street or sidewalk; nor maintain any private gutter, drain or pipe discharging water or other fluid or substance upon or across any sidewalk; nor carry or transport any substance, matter or fluid herein named, or any sand, clay or earth through or along any street or sidewalk, except in a vehicle so constructed and loaded that the contents thereof will not scatter or spill. Code of Ordinances 9 Any person violating any of the provisions of this section shall be punished by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00), and stand committed until such fine be paid, not exceeding one day for each dollar of fine imposed. § 5. No person shall incumber the sidewalks or streets with merchandise, boxes or other articles, nor draw, push or propel any hand cart or drive or ride any horse or horses, cart, carriage, wagon, bicycle, motor cycle, motor bicycle or other vehicle, except a baby carriage, over or upon any side- walk except for the purpose of going to or from a lot or yard ; but nothing herein shall prohibit placing goods and merchan- dise, household furniture and other articles on the sidewalk for the purpose of loading or unloading the same, provided they be removed without delay, and sufficient opening for persons to pass be always maintained. Any person violating any of the provisions of this section shall be punished by a fine of five dollars ($5.00), and the further penalty of five dollars ($5.00) for every twenty-four (24) hours, or part thereof, such incumbrance shall remain after notice from any policeman or other city official to re- move the same, and stand committed until such fine be paid, not exceeding one day for each dollar of fine imposed. § 6. It shall be the duty of every owner or occupant of any house or other building, and the owner of any vacant lot or building, to keep the sidewalks and gutters in front of the premises owned or occupied by him clear and clean from snow, ice and dirt, and to remove snow and ice from such sidewalks for the whole width thereof, and from the gutters for the space of eighteen inches from the curbstone line within six hours after every fall of snow which shall cease in the day time, and before twelve o’clock noon of the day after any fall of snow which may come in the night time, and in case the snow and ice are so congealed that they cannot be removed without injury to the pavement, shall cause said snow and ice to be strewn with ashes and sand. Any failure on the part of the owner or occupant of any building or lot to comply with the provisions of this section shall be punished by a fine of not less than one (1) nor more than fifteen dollars ($15.00). 10 Code of Ordinances. In addition to such penalty, in case the owner or occu- pant shall not comply with the provisions of this section and keep the sidewalks and gutters free from ice and snow as herein required, the Commissioner of Public Works may cause such work to be done and may cause such ice and snow to be removed and shall file a certificate of the expense thereof, together with a description of the property in front of which such snow and ice were so removed, with the City Clerk, who shall certify the same to the Common Council at the next regular meeting thereafter, and the expense of such removal shall be paid by the owner or occupant of the property abut- ting on the sidewalk or gutter so cleaned, and may be collected in an action at law, or may be determined, assessed and col- lected in the same manner as the general city taxes as pro- vided by law. § 7 . It shall be the duty of the owner of any lot or piece of land in the city to keep the sidewalks in front of the prem- ises owned by him at all times in good repair and in a safe condition for public use. In case any sidewalk shall at any time in the judgment of the Commissioner of Public Works require repairing or im- proving, the said Commissioner of Public Works shall serve a notice, either personally or by mail, upon the owner or owners of the lot or piece of land in front of which such side- walk is out of repair or in an unsafe condition requiring the owner or owners thereof, within ten days from the service of such notice, to repair or improve such sidewalk so as to make the same in good repair and in a safe condition. If any owner or owners shall neglect or refuse to repair or improve such sidewalk within the time limited therefor, the Commissioner of Public Works shall forthwith make such repairs and improvements in such manner as he shall deem proper and suitable, and shall file a certificate of the expense thereof, together with a description of the property in front of which such improvement or repairs are made. § 8. No person shall move, or cause or permit to be moved, any building into, along or upon any public street or place, without a permit therefor, from the Commissioner of Public Works. Code of Ordinances. 11 The Commissioner of Public Works is hereby authorized to grant and issue permits for the moving of a building across or along, for a distance not exceeding two hundred (200) feet, any public street or place of the city, excepting streets on which street cars are operated, and streets included within the district bounded by the northerly line of Ashburton Avenue, the easterly line of Nepperhan Avenue and Nepper- han Terrace, the southerly line of Prospect Street extended to the Hudson River. Before any such permit is issued, the applicant therefor shall pay to the Commissioner of Public Works for the use of the city, a fee of twenty-five dollars ($25.00), and shall file with him a bond in such penal sum not exceeding five thou- sand dollars ($5,000.00), with surety satisfactory to him, or a cash deposit not exceeding the same amount, or both, as the Commissioner of Public Works may require, conditioned to hold the city harmless from all claim or liability by or be- cause of the issuance of such permit, and for the reimburse- ment and payment to the city of the value of any trees, hy- drants or other public property that may be destroyed or injured by the moving of any such building, and for the pay- ment of any penalties which may accrue thereunder. No person having permission to remove a building into, along or upon any public street or place shall suffer or permit the same to remain therein for a longer period than four days, under penalty of one hundred dollars ($100.00) for each additional day over four (4) days during which said building remains in whole or in part upon such public street or place. Any person violating the provisions of this section shall be guilty of a misdemeanor under a penalty not to exceed five hundred dollars ($500.00) to be recovered by the city in a civil action. § 9. No person shall draw or shove, or cause the same to be done, any wheel-barrow or hand-cart, or any hand wagon used for the conveyance of baggage or any article of property, upon any of the sidewalks of the city (except to cross the same), under the penalty of two dollars ($2.00) for each offence. 12 Code of Ordinances. § 10. No person shall ride on horseback, or on a bicycle or tricycle, or in any wagon, carriage or cart, or lead or drive any horse, ox, cow or other animal, upon any sidewalk (except in necessarily crossing the same) under a penalty of five dol- lars ($5.00) for each offence. § 11. The flagging of all sidewalks shall be laid upon an incline of three inches in ten feet, commencing one inch above the curb. Whenever any flagging shall be of’less width than the walk, the same shall be placed in the middle of the sidewalk and not elsewhere. Any person violating this section shall be liable to a penalty of five dollars ($5.00) for each offence, and a further penalty of five dollars ($5.00) for each week that a walk laid down by him in violation of this section shall remain. § 12 . No person shall fasten a horse or any other animal to a tree, in any street, or climb, cut, bruise or otherwise in- jure such tree, under a penalty of not less than two (2) nor exceeding twenty dollars ($20.00), in the discretion of the magistrate convicting. § 13. All riding or sliding down hill on sleds or other contrivances used for the same purpose, commonly called coasting, in any of the public streets of that part of the city embraced within the corporate limits of the late Village of Yonkers, is hereby forbidden. For every violation of this ordinance the offender, his parent or guardian, shall be liable to a penalty of not less than one dollar ($1.00), nor more than ten dollars ($10.00), in the discretion of the magistrate con- victing. § 14. The playing of ball and the flying of kites upon any street is forbidden under the penalty of not less than one dollar ($1.00), nor more than ten dollars ($10.00), in the dis- cretion of the magistrate convicting. § 15. Whenever the Common Council shall direct the planting of shade trees on any of the sidewalks of any street avenue or square in the city, the owners of the property fronting on the lines of such street, avenue or square, shall plant such species of trees, and in such manner in every re- spect and within such times as the Common Council shall by Code of Ordinances. 13 resolution direct. No person shall trim any shade trees on any street, except the Commissioner of Public Works, or the owner or occupant of the premises in front of which the same shall stand, when authorized by the Common Council or Commissioner of Public Works. Any person refusing or failing to comply with the provisions of this section shall be liable to a penalty of not less than three (3) nor more than one hundred dollars ($100.00), in the discretion of the magistrate convicting. § 16. No person shall hang or place any goods, mer- chandise or other articles, upon any awning or awning frame, over a sidewalk, under a penalty of five dollars ($5.00) for each offence. § 17. No person shall expose for sale hay or straw, in bulk or by the load, in any public street, except in front of Nos. 3, 5, 7 and 9 James Street, under a penalty of five dollars ($5.00) for each offence. § 18. No person shall use on a public street any truck, cart or other vehicle, with chained wheels, under a penalty of five dollars ($5.00) for each offence. § 19. No person shall drive or cause to be driven, or permit his or her servants to drive upon any street, any wagon or other vehicle having upon it a weight which, together with the weight of the wagon or vehicle shall exceed 2,000 pounds, unless the tire shall be at least three inches in width, nor shall any such wagon or vehicle having upon it a weight which, together with the weight of the wagon or vehicle shall exceed 10,000 pounds, be so driven in or upon any such paved street unless the tire shall be at least four inches in width. § 20. No person shall build, maintain or permit along the line of or adjacent to any public street or highway any fence composed wholly or in part of barbed wire. § 21. It shall be unlawful for any parent or guardian of a child under the age of sixteen years, to permit such child to be upon any of the streets of the city at any time between the hours of ten o’clock p. m. and four o’clock a. m. of the day following, unaccompanied by a parent, guardian or adult 14 Code of Ordinances. friend, and it shall be unlawful for any such child to be upon any of the streets of the city at any time between the hours of ten o’clock p. m. and four o’clock a. m. of the day follow- ing, unaccompanied by a parent, guardian or adult friend. § 22. All police officers are hereby directed to appre- hend such children under the age of sixteen years so found on the streets between the hours of ten o’clock p. m. and four o’clock a. m. of the day following, and cause the parents of said children to be notified at once. Said children may be paroled in the custody of the parents until the hearing and determination of the charges on the following morning. ARTICLE IV. VEHICLES AND STREET TRAFFIC. Section 1. The ~ pro visions of this article shall apply to all vehicles using the streets of the City of Yonkers, except such vehicles as run only upon rails or tracks, except as here- inafter provided. § 2. A vehicle, except when passing a vehicle ahead, shall keep as near the right-hand curb as possible. On streets where no curbs are set, the term “right-hand curb” shall be construed to mean the extreme right-hand limit of the road bed of the street. § 3. Vehicles meeting shall pass each other to the right. § 4. A vehicle overtaking another shall pass the over- taken vehicle on the left, and shall not cross over to the right in front of the overtaken vehicle until entirely clear of it so as to afford no possibility of collision. § 5. Vehicles shall keep to the right of any parkway, walk, sunkenway or viaduct dividing a street longitudinally. § 6. A vehicle turning into another street to the right shall turn the corner as near to the right-hand curb as possible . Code of Ordinances. 15 Jibuti- §7. A vehicle turning into another street to the left shall pass to the right of and beyond the centre of intersection of the two streets before turning. § 8. A vehicle crossing from one side of the street to the other shall do so by turning to the left so as to head in the same direction as the traffic on that side of the street when the crossing is completed. JfasC Cj) . 16 Code of Ordinances. § 9. No vehicle shall stop with its left side to the curb. § 10. No vehicle shall stand backed up to the curb, except when actually loading or unloading, and if said vehicle is horse-drawn and has four wheels, the horse or horses must stand parallel to the curb, and faced in the direction of traffic, but no vehicle shall stand so backed up if it interferes with or interrupts the passage of other vehicles. §11. No vehicle shall stop at any of the cross-walks or intersections of streets unless in an emergency or to allow another vehicle or a pedestrian to cross its path, nor shall any vehicle stop or stand within ten feet of a street corner, nor abreast of any vehicle upon any street, nor so occupy any street as to interfere with or interrupt the passage of other vehicles. The provisions of this section, except as hereinafter provided, shall apply also to vehicles which run only upon rails or tracks. §12. No veh icle sh all back t o make a t ur n in any stre et , if by so doing it interferes with other vehicles, but it shall go around the block or to a street sufficiently wide to permit its turning without backing, nor shall any vehicle turn in that part of North Broadway which lies between Getty Square and Wells Avenue. Before backing, ample warning shall be given, and while backing unceasing vigilance must be exer- cised by the driver of the vehicle so backing. § 13. Every vehicle in motion and following another vehicle shall maintain between itself, including the animals, if any, drawing it, and the preceding vehicle, a clear interval of not less than fifteen feet. § 14. No vehicle shall stop in any street except close to the right-hand curb unless in an emergency or to allow another vehicle or a pedestrian to cross its path. § 15. The driver of a vehicle slowing up or stopping shall give a signal to the drivers of following vehicles by raising the whip or hand vertically. § 16. The driver of a vehicle turning while in motion or starting to turn from a standstill, shall give a signal by Code of Ordinances. 17 raising the whip or hand, indicating with it the direction in which the turn is to be made. § 17. One blast of a police whistle indicates that north and south traffic shall stop and that east and west traffic may proceed ; two blasts that east and west traffic must stop and that north and south traffic may proceed. Three or more blasts is a signal of alarm and indicates the approach of a fire engine or some other danger. § 18. The officers and men of the Fire Department and Fire Patrol, with their fire apparatus of all kinds, Traffic Emergency Repair vehicles, United States Mail vehicles, the officers and men and vehicles of the Police Department, all ambulances, and all physicians who have a police permit, as hereinafter provided, shall have the right of way in any street and through any procession, vehicles carrying the United States mail having the precedence over all other vehicles hereinabove mentioned. The Commissioner of Public Safety is hereby empowered to issue, upon written application there- for, permit for such right of way to any duly registered phy- sician, which permit shall not be transferable. § 19. Subject to the provisions of Section 18 of this article all vehicles, including such as run only upon rails or tracks, going in a northerly or southerly direction shall have the right of way over all such vehicles going in an easterly or westerly direction. § 20. Subject to the provisions of Section 18 of this article vehicles which run only upon rails or tracks shall have the right of way between cross streets over all other vehicles ; and the driver of any such other vehicle proceeding upon the rails or tracks in front of a vehicle running only thereon shall immediately turn out the vehicle which he is driving and leave such rails or tracks, upon signal by the driver of such vehicle running only thereon. § 21. Vehicles moving slowly shall keep as close as possible to the right-hand curb so as to allow faster moving vehicles free passage on the left. § 22. A vehicle waiting at the curb shall promptly give place to a vehicle about to take on or let off passengers. 18 Code of Ordinances. § 23. On the approach of a fire engine or any other fire apparatus, the driver of a vehicle shall immediately draw up said vehicle as near as practicable to the right-hand curb and parallel thereto and bring it to a standstill, and the driver of a vehicle which runs only upon rails or tracks shall immediate* ly stop said vehicle and keep it stationary. § 24. No vehicle shall cross any street running north or south or make any turn at a rate of speed exceeding one- half its legal speed limit. § 25. In approaching or passing a car of a street rail- way which has been stopped to allow passengers to alight or embark, the driver of every vehicle shall slow down and if it be necessary for the safety of the public he shall bring said vehicle to a full stop. Upon approaching a pedestrian who is upon the traveled part of any street and not upon a side- walk, and upon approaching an intersecting street or a curve or a corner in a street where the driver’s view is obstructed, every driver of a vehicle shall slow down the same and give a timely warning signal with his voice, bell, horn or other device for signaling. § 26. No horse shall be left unattended in any street unless securely fastened or unless the wheels of the vehicle to which he is harnessed are securely tied, fastened or chained and the vehicle is of sufficient weight to prevent its being dragged at a dangerous speed with wheels so tied, fastened or chained. § 27. No horse shall be unbitted in anv street unless secured by halter. § 28. No wheel, pole, shaft, whiffle-tree, splinter-bar or any other part of a vehicle or any part of a harness, whose removal is likely to cause accident or to permit the horse or horses attached to said vehicle to run away, shall be removed, unless the horse or horses attached to said vehicle be first unhitched from said vehicle. § 29. No driver shall cease to hold the reins or halter in his hand while riding, driving or leading a horse. § 30. No person shall drive a vehicle that is so covered Code of Ordinances. 19 in or constructed as to prevent the driver thereof from hav- ing a clear and unobstructed view of the traffic following and at the sides of such vehicles. § 31. No person shall drive or conduct any vehicle which is in such condition, so constructed, or so loaded as to break down or become stalled or as to be likely in any manner to cause delay in traffic or accident or injury to man. beast or property. § 32. No person shall so load a vehicle, or drive a ve- hicle so loaded, with iron or other material as to cause un- necessary and loud noises by such iron or other material striking together. § 33. No person shall ride upon the rear end of a vehicle without the consent of the driver thereof, and when so riding, no part of such person’s body shall extend or protrude beyond the limits of the vehicle. § 34. Except as otherwise provided by law, no person shall drive a vehicle who is under sixteen years of age. §35. Subdivision 1 . Except as otherwise provided by law, every public vehicle for the conveyance of passengers for hire shall display on the outside thereof between one-half hour after sunset and one-half hour before sunrise, brightly lighted lamps, at least one on each side of such vehicle, so placed as to show a white light plainly visible from the front and sides and a red light plainly visible from the rear thereof for a distance of at least two hundred feet and so as to plainly indicate its number at a distance of at least twenty feet. Subdivision 2. Every other vehicle shall, except as otherwise provided by law, between one-half hour after sun- set and one-half hour before sunrise, display at least one lamp or lantern showing a white light visible for a distance of at least two hundred feet in the direction toward which such vehicle is proceeding and to the side thereof, and show- ing a red light visible for a distance of at least two hundred feet in the direction from which the vehicle is proceeding, which said lamp or lantern shall be placed or fixed, unless otherwise authorized by the Commissioner of Public Safety, 20 Code of Ordinances. upon the left side of said vehicle and so as to be plainly visible and free from obstruction. The provisions of subdivision 2 of this section shall also apply to vehicles, which run only on rails or tracks, except that in the case of a street car there shall be displayed at each end thereof a red light plainly visible for a distance of at least two hundred feet. The provisions of this section shall not apply to motor cycles or other bicycles. § 36. No person shall ride or drive a horse not in every respect fit for use and capable of doing the work for which it is used and free from lameness or sores calculated to cause pain or any vice or disease likely to cause accident or injury to person or property. § 37. No person shall ill-treat, over-load, over-drive or cruelly or unnecessarily beat or whip any horse. § 38. No person shall crack, flourish or use a whip so as to annoy, interfere with or endanger any person or startle or excite any horse other than that which he is driving or using. § 39. Subdivision 1. No vehicle shall stop in Getty Square in front of the block between Palisade Avenue and North Broadway except street cars, which may so stop only to receive and discharge passengers. Subdivision 2. No other street cars shall stop in Getty Square, except that not more than two street cars may stop at a distance of at least forty feet south of the most southerly rail of the street car tracks which run east and west through the north end of Getty Square from Main Street to New Main Street, and then only to receive or discharge passengers. Such cars shall, when so stopped, be at least five feet apart when standing on the same track. Subdivision 3. No vehicle shall stand in front of the station of the New York and Putnam Railroad Company on South Broadway longer than to discharge or receive persons or passengers. All vehicles waiting to receive persons or passengers from said railroad station shall take their stand close to the south curb-line of Hudson Street, west of South Broadway, facing east, and said vehicles shall be at least Code of Ordinances. 21 three feet apart from each other. Should there be more vehicles so waiting than the distance between South Broad- way and Riverdale Avenue will permit space for, the vehicles in excess of such number shall take their stand close to the north curb-line of said street between South Broadway and Riverdale Avenue, facing west, likewise at a distance apart of at least three feet from each other. None of such vehicles shall stand nearer to the corners of South Broadway or Riverdale Avenue than ten feet, and if other vehicles shall desire to deliver goods, wares or merchandise or supplies of any kind to any of the occupants of or buildings on said street between the points above named, as many of said waiting vehicles shall pull out from and vacate their stands as shall be necessary to afford room to such vehicles desiring to make such deliveries. Subdivision 4. All vehicles crossing Getty Square from west to east or east to west shall make the crossing on the lines of the street car tracks which run east and west through the north end of Getty Square from Main Street to New Main Street, vehicles crossing from east to west travel- ing on the most northerly of said lines of tracks and vehicles crossing from west to east traveling on the most souther- ly of said lines of tracks, except that in the case of vehicles entering Getty Square from Palisade Avenue and intending to go east on New Main Street, such vehicles may, in making the turn at the junction of Main Street and Getty Square deflect not more than ten feet south of said street car tracks in order to make the turn for the purpose of pro- ceeding east on New Main Street. All vehicles entering Getty Square from Palisade Avenue and intending to proceed south on South Broadway, north on North Broadway, or east on New Main Street, shall cross Getty Square close to the curb- line in the block front between Palisade Avenue and North Broadway in a westerly direction, before turning south into South Broadway, north into North Broadway, or east into New Main Street, constantly keeping close to the right-hand curb of the street in the direction in which they are proceed- ing. All vehicles entering Getty Square from North Broad- way and intending to proceed east on New Main Street or 22 Code of Ordinances. north on Palisade Avenue, and all vehicles entering Getty Square from Main Street and intending to proceed north on Palisade Avenue, shall make the turn south of the line of traffic sign posts hereinafter mentioned, and situate north of the street car tracks which run east and west through the north end of Getty Square from Main Street to New Main Street, and, in the case of such vehicles thus intending to proceed north on Palisade Avenue, they shall proceed toward and keep close to the east curb of Palisade Avenue after clearing the most easterly of said traffic sign posts. All vehicles entering Getty Square from South Broadway or New Main Street and intending to proceed north on North Broadway shall cross Getty Square diagonally from New Main Street and south of the above mentioned line of traffic sign posts in so proceeding. . All vehicles entering Getty Square from South Broadway and intending to return in the direction from which they came by turning in Getty Square, shall make the turn on the line of said street car tracks which run east and west through the north end of Getty Square from Main Street to New Main Street. The Commissioner of Public Safety shall place in the north end of Getty Square traffic sign posts, with such lettering thereon as he shall deem best fitted to denote their character, and proper to accomplish the purpose for which they are intended, as above mentioned, as follows: One of such posts at a point distant twenty feet easterly in a straight line from the point of intersection of the most southerly rail of the line of street car tracks in the north end of Getty Square which run from Main Street into Palisade Avenue, with the most northerly rail of the line of street car tracks in the north end of Getty Square which run from Main Street to New Main Street, and distant four feet northerly from said most northerly rail in a line drawn at right angles thereto; a second of such posts at a point in a line drawn at right angles to the westerly rail of the line of unused (at present) street car tracks which run from Palisade Avenue south into Getty Square and connect with the street car tracks which run south into South Broadway, which point is distant eighteen feet westerly from said most westerly rail and distant six feet northerly in a line drawn at right angles thereto from the most northerly rail of the said line of street Code of Ordinances. 23 car tracks in the north end of Getty Square, which run from Main Street to New Main Street ; and a third of such posts intermediate the posts above mentioned in a straight line connecting the same and equi-distant from each. THUS: . The Commissioner of Public Safety is hereby authorized to place additional traffic sign posts between the points above mentioned, and also at points in a continuous line distant southerly ten feet from the most southerly rail of the street car tracks which run east and west through the north end of Getty Square from Main Street to New Main Street, as mark- ing the southerly boundary line of the space in which vehicles may turn at the junction of Main Street and Getty Square when entering Getty Square from Palisade Avenue and in- tending to go east on New Main Street, and no such vehicle traveling on said street car tracks shall deflect further to the 24 Code of Ordinances. south than said latter line of posts when so placed ; provided, however, that such posts shall be so placed as not to interfere with north or south bound traffic. Said Commissioner shall also place one other such traffic sign post at a distance of forty feet south of the most southerly rail of the street car tracks which run east and west through the north end of Getty Square from Main Street to New Main Street, as mark- ing the furthest point north to which street cars may proceed before stopping under the provisions of subdivision 2 of this section. The provisions of subdivisions 1, 2 and 3 of this section shall also apply to all vehicles which run only on rails or tracks. The Commissioner of Public Safety shall make such provision for detailing such officers, or members, or both, of the Police Department as may be necessary to en- force the provisions of this section. § 40. No street car shall stop in any street except at its intersection with another street, unless in an emergency or to allow another vehicle or a pedestrian to cross its path, nor within ten feet of a street corner; provided, however, that when streets intersecting the street upon which such street car is proceeding are more than two hundred and fifty feet apart such car may stop to receive or discharge passen- gers at a point as nearly equi-distant from each of such inter- secting streets as practicable. § 41. Subject to the provisions of Section 40, of this article, all street cars shall stop only at the near side of in- tersecting streets to receive or discharge passengers § 42.' All street cars shall come to a full stop at least ten feet from and before crossing an intersecting street on which is located a fire house, containing fire apparatus of the Fire Department of the City of Yonkers, which is situate within five hundred feet of the street on which such street car is proceeding. § 43 . No cut-out or cut-outs shall be used on the muffler or mufflers of any motor cycle, motor bicycle or motor vehicle except by officers and members of the Police and Fire De- partments. § 44. Drivers of all vehicles, including such as run only Code of Ordinances. 25 on rails or tracks, must at all times obey any direction by voice, hand or whistle of any member of the Police Depart- ment as to stopping, starting, approaching or departing from any place, the manner of taking up or setting down passengers or persons or loading or unloading goods in any place. § 45. Whenever the word “driver” or the plural thereof occurs in this article it shall be deemed to include the rider, driver or leader of a horse, and the operator of a vehicle, including such as runs only on rails or tracks. § 46. Whenever the word “horse” or the plural thereof occurs in this article it shall be deemed to include all domestic animals. § 47. Whenever the word “vehicle” or the plural there- of occurs in this article it shall be deemed to include wagons, ambulances, trucks, carts, cabs, carriages, stages, omnibuses, motors, motor cycles, motor bicycles, automobiles, street cars, traction engines, road rollers, fire wagons and en- gines, police patrol wagons, locomotives, bicycles, tricycles, sleighs or other conveyances for persons or property, and all motor vehicles. § 48. Whenever the word “street” or the plural thereof occurs in this article it shall be deemed to include all that is included by the terms “street, avenue, road, alley, lane, highway, boulevard, concourse, public square, public park, public parkway, and public place,” or the plurals thereof respectively. Note . — The roadbeds of streets are primarily intended for vehicles, but pedestrians have the right to cross them in safety, and drivers of vehicles, including such as run only on rails or tracks, must exercise all possible care not to injure them. Pedestrians should, on their part, never step from the sidewalk to the roadbed without first looking to see what is approaching, and should not needlessly interfere with the passage of such vehicles. By crossing a street as nearly as possible at right angles, preferably at a regular crossing, and, when a traffic policeman is stationed there, by waiting for his signal, pedestrians will greatly add to their own safety, facilitate the movement of traffic, and make it less difficult 26 Code of Ordinances. for the horses, which often have to be reined in suddenly and, to them painfully, to avoid careless and unthinking pedestrians. Nothing in the foregoing, however, should ex- cuse drivers from constant vigilance to avoid injury to pe- destrians under all conditions. § 49. No person shall ride or drive any animal, or drive any vehicle drawn by an animal, nor operate a street car in any of the streets or public places of the city, where buildings are less than one hundred feet apart, at a greater rate of speed than ten. miles an hour, or where buildings are more than one hundred feet apart at a greater rate of speed than twenty miles an hour. § 50. No person shall drive or cause to be driven any isleigh through any of the public streets or places at a speed exceeding six miles an hour, unless there be attached thereto or to the horses drawing the same, a bell or bells of sufficient size to give timely notice of the approach of such vehicle under penalty of not less than five dollars ($5.00) nor more than ten dollars ($10.00). § 51. No person shall ride on horseback, or on a bicycle, tricycle, automobile, wagon or other vehicle, or lead or drive any animal, other than a dog, upon any sidewalk (except in necessarily crossing the same) under a penalty of five dollars ($5.00) for each offence. § 52. No person shall drive or propel any vehicle across any sidewalk from any yard or building at a greater speed than five miles an hour, under penalty of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). § 53. It shall be unlawful to conduct foot or other races upon any public street or place, except by permission of the Commissioner of Public Safety or the Common Council, or to play ball or other games or to fly kites upon any public street or place, under penalty of not less than one dollar ($1.00) nor more than ten dollars ($10.00). § 54. No cattle, horses, mules, swine, sheep or goats shall be permitted to run at large in any public street or place. Any such animals found so running at large shall be impounded in any place designated by the Commissioner of Code of Ordinances. 27 Public Works, from whence they shall not be released until there shall be paid to the city the cost of impounding and the sustenance of such animal during the impounding and also a penalty of five dollars ($5.00). If such impounded animal is not claimed within three days, it may be disposed of as the Commissioner of Public Works may determine, and from the proceeds, if any, of a sale thereof, there shall be deducted and retained by the city the expenses and penalty herein specified. § 55. No person shall act as motorman or conductor on any street car operating in the City of Yonkers, unless he shall have first received fifteen days’ instruction upon the various lines in the city, the last day of such instruction to be under the supervision of a competent instructor, who shall certify to the fitness of any applicant for such employment prior to the employment of any such applicant. Any violation of this section shall constitute a misde- meanor, punishable by a fine not exceeding one hundred and fifty dollars ($150.00) or by imprisonment not exceeding sixty (60) days or both. § 56. No person or corporation shall operate or cause , to be operated sight-seeing or omnibus automobiles within the limits of the City of Yonkers for the purpose of carrying therein persons for hire unless a permit therefor shall have been issued by the Mayor, as herein provided. The Mayor is hereby authorized to issue permits to use and operate said automobiles upon payment for the use of the city a fee of twenty-five dollars ($25.00) per year for each automobile, or five dollars ($5.00) per month or any fraction thereof. The rate of fare or charge on such vehicles shall not ex- ceed fifty (50) cents per mile. The provisions of this section shall not apply to auto- mobiles having a seating capacity of less than eight persons. § 57. Every motor cycle and motor bicycle operated or driven upon any street of the said City of Yonkers, including those operated or driven by officers and members of the Police Department of said city, shall be provided with adequate 28 Code of Ordinances. brakes in good working order and sufficient to control such motor cycle and motor bicycle at all times when the same is in use, and a suitable and adequate bell, horn or other device for signalling, and shall, during the period from one-half hour after sunset to one-half hour before sunrise, display at least one lamp or lantern which shall show a white light visible for a distance of at least two hundred feet in the direction toward which such motor cycle or motor bicycle is proceeding, and to the side thereof, and a red light visible from the rear. § 58. A person operating or driving a motor cycle or motor bicycle shall, on signal by raising the hand, from a person riding, leading or driving a horse or horses or other draft animals, bring such motor cycle or motor bicycle imme- diately to a stop, and, if traveling in the opposite direction, remain stationary so long as may be reasonable to allow such horse or animal to pass, and, if traveling in the same direction, use reasonable caution in thereafter passing such horse or animal ; provided that, in case such horse or animal appears badly frightened or the person operating such motor cycle or motor bicycle is signalled so to do, such person shall cause the motor of such motor cycle or motor bicycle to cease run- ning so long as shall be reasonably necessary to prevent acci- dent and insure the safety of others. § 59. The rate of speed of motor cycles and motor bi- cycles on the streets of the City of Yonkers shall not exceed fifteen miles an hour, except in the following instances, viz. : On Warburton Avenue, north of Odell Avenue, a speed not exceeding twenty-three miles an hour; on North Broadway, north of Roberts Avenue, a speed not exceeding twenty-three miles an hour ; on Central Park Avenue, north of Midland Avenue, a speed not exceeding twenty-three miles an hour; on both Nepperhan Avenue and Saw Mill River Road, north of Roberts Avenue, a speed not exceeding twenty-three miles an hour ; on both the Sprain Road and Grassy Sprain Road, and on the Tuckahoe Road, a speed not exceeding twenty- three miles an hour; provided, however, that every person operating or driving a motor cycle or motor bicycle on any of the streets of the City of Yonkers shall operate or drive the same in a careful and prudent manner and at a rate of Code of Ordinances. 29 speed so as not to endanger the property of another or the life or limb of any person, even though it be necessary in order so to do to operate or drive such motor cycle or motor bicycle at a less rate of speed than hereinabove allowed, and provided; that the maintenance of a greater rate of speed for one-eighth of a mile than that hereinabove provided shall be presumptive evidence of driving at a rate of speed which is not careful and prudent. § 60. No person, including an officer or member of the Police Department of the City of Yonkers, shall operate or drive a motor cycle or motor bicycle while in an intoxicated condition. § 61. The provisions of this article shall not apply to officers or members of the Police Department of the City of Yonkers, except as herein expressly so provided. § 62. The provisions of Sections 56 to 60 inclusive of this article, as affecting the use, operation or driving of motor cycles and motor bicycles on the streets of the City of Yon- kers, shall be deemed and construed to be in addition to the provisions of Article III. of this Code of Ordinances, and shall be deemed and construed not to repeal any of the pro- visions of said article. § 63 . Any person violating any of the provisions of Section 58 of this article shall be guilty of a misdemeanor and shall be liable to a fine not exceeding one hundred dollars ($100.00), or to imprisonment not exceeding one hundred (100) days, or to both such fine and imprisonment. Any person violating any of the provisions of Section 59 of this article shall be guilty of a misdemeanor and shall be liable to a fine not exceeding one hundred an'd fifty dollars ($150.00), or to imprisonment not exceeding one hundred and fifty (150) days, or to both such fine and imprisonment. Any person violating any of the provisions of Sections 5 6 and 5 7 of this article shall be guilty of a misdemeanor and shall be liable to a fine not exceeding fifty dollars ($50.00), or to imprison- ment not exceeding fifty (50) days, or to both such fine and imprisonment. 30 Code of Ordinances. § 64. No person shall ride a bicycle, tricycle or similar vehicle in any public highway, street, walk or public place in the City of Yonkers, without having attached thereto, or carried therewith a light of such illuminating power as to be plainly seen two hundred feet ahead, and such light shall be kept lighted at all times when any such vehicle is ridden be- tween one hour after sunset and one hour before sunrise ; but this section shall not apply to any rider whose light has be- come extinguished or who is necessarily absent from his or her home when going at a pace not exceeding six miles an hour and when an audible signal is given as often as thirty feet are passed over. Any person who shall ride a bicycle, tricycle or similar vehicle in any public highway, street, walk or public place in the City of Yonkers shall give an alarm by bell, whistle or otherwise which may be heard one hundred feet distant when about to meet or pass any pedestrian or when about to meet or pass any other vehicle. No person shall ride any bicycle, tricycle or similar vehicle in any public highway, street, walk or public place in the City of Yonkers at any rate of speed higher or greater than the rate of ten miles per hour. No person riding any bicycle, tricycle or similar vehicle in any public highway, street, walk or public place in the City of Yonkers shall coast or permit said vehicle to proceed by inertia, or momentum, with the feet of the rider off the pedals of such vehicle, and no person shall carry any child under five years of age upon any such vehicle. Any person riding any such vehicle shall observe such rules of the road as are established by the highway law. The Commissioner of Public Works of the City of Yon- kers is hereby granted authority in his discretion upon any special occasion to grant permission to any person or persons to ride any such vehicle during a specified time upon specified portions of the public streets or highways of the City of Yonkers at any rate of speed, and annex such reasonable conditions to such permission as he shall deem proper. Code of Ordinances. 31 No person shall ride any bicycle, tricycle or similar vehicle upon any sidewalk within the limits of the City of Yonkers, but this section does not prohibit the riding of any such vehicle upon any sidewalk which has been or may here- after be constructed solely at the expense of cyclists with the consent of the Commissioner of Public Works, unless the road or street in front of said sidewalk is paved with some smooth and permanent pavement such as asphalt or brick, and maintained in a condition suitable for the use of cyclists. Any person violating any provision of this section shall be punished by a fine not exceeding five dollars ($5.00) for each offence, and in case of the non-payment of such fine, by imprisonment in the County Jail not exceeding one day for each dollar of such fine in the discretion of the court or magis- trate convicting. § 6 5. It shall be the duty of any street railway company operating cars in the City of Yonkers, to remove within twenty-four hours after the cessation of any snow storm, from the public streets and highways, such snow and ice as the devices of said railway company, i. e., sweepers, scrapers, etc., cause to be placed and piled up on the highway, other than covered by the railroad tracks. The penalty for viola- tion of this section shall be one hundred dollars ($100.00) for each offence. § 66. Nothing in this article shall apply to the apparatus and wagons of the Police and Fire Departments, ambulances, and vehicles carrying the United States mail except as here- in expressly specified. § 67. The rate of speed of motor vehicles on the streets of the City of Yonkers shall not exceed fifteen miles an hour, except in the following instances, viz. : On Warburton Ave- nue, north of Odell Avenue, a speed not exceeding twenty- three miles an hour; on North Broadway, north of Roberts Avenue, a speed not exceeding twenty-three miles an hour; on Central Park Avenue, north of Midland Avenue, a speed not exceeding twenty-three miles an hour; on both Nepper- han Avenue and Saw Mill River Road, north of Roberts Avenue, a speed not exceeding twenty-three miles an hour; 32 Code of Ordinances. on both the Sprain Road and Grassy Sprain Road and on the Tuckahoe Road, a speed not exceeding twenty- three miles an hour; and the Commissioner of Public Safety is hereby directed to erect proper signs on each main public highway where the city line crosses the same, and on each of the streets above named, at the points thereon where the rate of speed changes, as herein prescribed, as required by Section 288 of Chapter 374 of the Laws of 1910 of this State, and also to erect on every street on which is located a school house, at a point distant not more than two hundred yards nor less than one hundred and fifty yards on each side of such school house, a sign of sufficient size to be easily readable by a person using the highway with a motor vehicle, bearing the words, “ School House Ahead — Automobiles Slow Down.” Any person violating this section shall be guilty of a misdemeanor, punishable by a fine not exceeding one hun- dred dollars ($100.00). ARTICLE V. OF WHARVES AND DOCKS. Section 1. All sailing vessels landing at or using any wharves or docks within the city shall pay* wharfage and dockage thereon at the rate of 1^ cents per ton, if not exceeding 250 tons; if exceeding 250 tons, cents per ton for the first 250 tons, and 1 cent for each additional ton, custom house measurement, per day for each and every day or part of a day between sunrise of one day and sunrise of the following day ; and all vessels lying outside of vessels next to said wharfs and docks shall pay one-half of the rates above specified. All steamboats or barges landing or receiving passengers or light freight at any wharf or dock shall pay for each landing the sum of 50 cents, if of less than 50 tons, custom Code of Ordinances. 33 house measurement; if of more than 50 tons and less than 100 tons, one dollar for each landing, and if of more than 100 tons, one cent per ton for each ton, custom house meas- urement. All steamboats or barges landing at or using any wharf or dock for any other purpose than to discharge passengers or light freight shall pay wharfage and dockage at the same rate above specified for sailing vessels. These regulations, however, shall not control the charges to be paid by ferry companies organized according to law for the transporta- tion of passengers and freight across the Hudson River or for steamboats making regular trips and landings at the city dock ; said charges shall be fixed by the Common Council. Whenever required, the captain or person in charge of any such vessel shall submit for examination its license or register, for the purpose of ascertaining the tonnage of said vessel, to the wharfinger, clerk or agent of the owner or lessee of said dock ; and in case of a refusal to do so, the tonnage of said vessel may be estimated by said wharf- inger, clerk, or agent, by comparing the same with vessels of like size, which estimate shall be conclusive as to the amount of said tonnage, so far as any provisions contained in this article are concerned. § 2. Whenever horses shall be used in loading or dis- charging vessels lying at said wharves or docks, one dollar for each day and fifty cents for a half of a day or less shall be paid therefor as extra wharfage, and such extra wharfage shall be due and payable each day, in advance ; such day to commence and terminate at sunrise. § 3. If a cargo or any portion thereof, shall be left on any such wharves or docks for more than five days, the owner, lessee or wharfinger may, at their option, re- move said cargo and store the same, and the expenses of such removal and storage and wharfage shall be a lien upon said property, and be collected from the owners or con- signees thereof before the same shall be delivered to them. § 4. The owners and consignees of any cargo shall be liable to pay for all wharfage or extra wharfage of the vessel landing such cargo, and of the cargo, at the rates herein- 34 Code of Ordinances. before described, and if a cargo shall remain on any wharf for a longer period than two days, they shall also pay one dollar for each day the same shall so remain after said two days. § 5. All vessels discharging coal or other cargo in bulk, or ballast, gravel or dirt, or receiving the same, shall have good and sufficient covering and protection extending from the vessel to the wharf, to keep such cargo or ballast from falling into the water between the vessel and the dock, under the penalty of twenty dollars ($20.00) for every day such covering or protection is not kept and used as pre- scribed by this section. § 6. No vessel shall discharge ballast, shells, dirt or other rubbish on any wharf without the consent of the owner, lessee or wharfinger, and in case of any violation of this section, the owner or consignee shall be liable to a penalty of ten dollars per day for each day it is allowed to so remain; and after the expiration of two days it shall be optional, if not removed, for the owner, lessee or wharf- inger to remove and dispose of the same; and the expense thereof shall be a charge against said vessel, her captain and owners, as extra wharfage. § 7. Any person throwing stones, ashes, dirt or other rubbish in the slips or docks, to the detriment or injury of the slips or docks, shall be liable to a fine of ten dollars ($10.00) for each offense, and if thrown from any vessel, she and her owners shall be liable for said fine and for all further injury done thereby. § 8. The captain or owner of any vessel that shall leave a wharf without paying for the wharfage due thereon, and shall neglect to pay the same for twenty-four hours after it is demanded of the captain, owner, or consignee, shall forfeit and pay to the owners or lessees of the wharf double the rates of wharfage hereby established. § 9. Tows making fast to any dock or wharf shall pay at the rate of one dollar ($1.00) per day for each vessel or raft lying at the dock or wharf, and fifty cents per day for Code of Ordinances. 35 each vessel lying outside thereof, which said wharfage shall be due and payable by the steamer towing the said vessel, her captain and owners. § 10. The owner, lessee, or wharfinger shall have the power to fix the place where vessels may lie to load or dis- charge, and when and where such vessels shall move when not loading or discharging, or when such loading or dis- charging is completed; and in case any vessel is not moved when the captain or the person in charge thereof is so di- rected to move the same, or in the absence from such vessel of any person in charge, the owner, lessee or wharfinger shall have the power to place men on board and move such vessel; the expense consequent upon such removal shall be and become a charge as extra wharfage. § 11. In case the captain, owner or person in charge of any vessel, shall refuse to move the same when directed as aforesaid, they and each of them and the said vessel shall pay a fine of twenty dollars ($20.00) per day for each and every day after such refusal as extra wharfage. § 12. The respective owners and lessees of said docks and wharves shall keep the same in good order and suitable condition. § 13. Said owners, lessees and wharfingers shall have the right and power to regulate and direct as to the manner of loading and discharging and carting to and from said wharves and docks; and any person refusing or neglecting to comply with any of such proper directions or regulations shall pay a penalty of five dollars ($5.00) for each offence. § 14. A printed copy of this article of the city ordi- nances relating to wharves and docks, certified by the City Clerk, with the wharfinger’s name attached thereto, shall be posted at all times in one or more conspicuous places on each of said wharves or docks by the owners or lessees thereof. § 15. All bulkheads on the water front of the City of Yonkers shall be made sufficiently tight and substantial to resist the pressure of the filling placed or to be placed behind 36 Code of Ordinances. them. They may be constructed in any of the following ways, viz.: 1. They may be made of masonry on foundations of piling or concrete. 2. They may be made of piles of logs of sufficient length and thickness, backed up by tongued and grooved sheet piling, held in place by pile and timber braces and ties, and filled in with stone; or 3. They may be made of cribs of logs filled in with stone and sunk in place. In all cases they shall be made tight for a distance of at least twelve (12) feet below mean low water mark, and the construction shall be of a substantial and approved plan. Before any bulkhead is constructed plain and accurate plans of the work proposed to be done shall be filed with the City Clerk, and they shall be approved in writing by the Commissioner of Public Works of the City of Yonkers before the work is commenced. It will be unlawful to dump or place or cause to be placed or dumped any material for filling in upon the water front of the City of Yonkers, unless said filling is behind a bulkhead constructed according to this ordinance; and it shall be unlawful to maintain any bulkhead on the water front of the City of Yonkers not built according to this article. ARTICLE VI. OF NUISANCES AND THE PRESERVATION OF GOOD ORDER. Section 1. Any person who shall make, aid, counten- ance or assist in making any improper noise, riot, or disturb- ance in the streets or elsewhere, and all persons who shall collect in crowds for unlawful or idle purposes, to the annoy- ance or disturbance of the citizens or travelers, shall, for each offence, pay a penalty of not less than two dollars ($2.00) nor exceeding fifty dollars ($50.00), in the discretion of the magistrate convicting. Code of Ordinances. 37 § 2. All persons are hereby prohibited from crying out the sale of newspapers in any of the streets during the Sabbath day, under the penalty of five dollars ($5.00) for each offence. § 3. The firing of a gun, pistol, squibs, crackers, gun- powder or other combustible substances in the street or elsewhere in the city, and the blowing of horns, are hereby forbidden under the penalty of not less than two dollars ($2 .00) nor more than fifty dollars ($50.00) in the discretion of the magistrate convicting; provided, however, that this section shall not apply to the firing of crackers or fireworks or the blowing of horns on the Fourth of July or on the day on which the anniversary of our National Independence shall be celebrated, and provided that this section shall not apply to that section of the city lying north of Palmer Avenue and east of the Putnam Division of the New York Central and Hudson River Railroad, and provided that this section shall not apply when the Commissioner of Public Safety of the City of Yonkers shall have given a permit in writing; and the said Commissioner of Public Safety of the City of Yonkers is hereby authorized in his discretion to grant a permit to any person to fire a gun, firearms, crackers and fireworks in that section of the city lying easterly of the tracks of said Putnam Division, said permit to be good for one year from date of issuance and may be revoked. § 4. No person shall keep a disorderly or gaming house, or a faro bank, or any instrument for gaming, under a penalty of one hundred dollars ($100.00) for each offence. § 5. No person shall in any manner injure or deface any building, lamp post, hydrant or other property belong- ing to the city, or any well, pump, fence, tree or any useful or ornamental work or improvement in any street under a penalty of not less than two dollars ($2.00) nor more than fifty dollars ($50.00), in the discretion of the magistrate convicting. § 6. No person shall in any manner injure, deface or remove any tree, shrub, flower, plant, railing, fence, or other structure, or deface or injure any walk, path or highway in any public park or in any place in the care or custody of the 38 Code of Ordinances. Commissioner of Public Works or his agents, servants or employees, under a penalty of not less than two dollars ($2.00) nor more than fifty dollars ($50.00), in the discretion of the magistrate convicting. p § 7. No person shall throw, place or deposit, or suffer his or her servant, child or family to throw, place or deposit any dung, dead animal, carrion, putrid meat, or fish entrails, or shells of oysters or clams, decayed vegetables, ashes or coal or wood, or nuisance of any kind in any stream, street or pond, under a penalty of not less than two dollars ($2.00) nor more than twenty-five dollars ($25.00), in the discretion of the magistrate convicting, and no person shall drive any cart, truck or vehicle of any kind through the streets of the City of Yonkers from which dirt, coal, manure, stone, ashes, garbage or other material, or refuse whatever, is spilled or dropped upon the streets of said city, or throw or drop or sweep' or place, or cause to be thrown or dropped or swept or placed upon any sidewalk or street or public place in said city, any paper, straw or other material, or dirt or refuse of any kind, under a penalty of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00) for each and every offence. § 8. No person shall permit slops, sewage or any kind of filth to run from any lot owned or occupied by him into any street, under a penalty of five dollars ($5.00) for each offence. § 9. No person shall wilfully tear down or deface any notice, handbill or ordinance posted up in the city by order of the Common Council, under a penalty of ten dollars ($ 10 . 00 ). § 10. No person shall throw a stone, stick, or other missile, in any street, under a penalty of two dollars ($2.00) for each offence. § 11. No person shall bathe in the Hudson River or any stream or pond within the city, between the hours of seven o’clock in the morning and eight o’clock in the even- ing, unless in a suitable bathing dress or covering, under a penalty of not less than two. dollars ($2.00) nor more than Code of Ordinances. 39 five dollars ($5.00), in the discretion of the magistrate con- victing. § 12. No person shall keep a brothel or house of assig- nation, or entertain lewd women for the purpose of prosti- tution, or procure or aid in procuring lewd women for that purpose, under a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) , in the discretion of the magistrate convicting. § 13. No performance, entertainment, exhibition, or show, for which an admission fee of money, or any equivalent thereof, or any ticket or token, or thing whatsoever, entitling the holder to entrance thereto, or to any accommodation or privilege thereat, in consideration of the payment of money or any equivalent thereof, shall be required or received, shall be given in any theatre, halb building, room, grounds, or public place within the City of Yonkers, on the first day of the week commonly called Sunday. Every person violating this section, or aiding, abetting or participating in any such prohibited performance, enter- tainment or exhibition or show, or participating in any ar- rangements for management of, or conducting any such pro- hibited performance, entertainment, exhibition or show, or the admission of persons thereto, shall forfeit a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) , in the discretion of the magistrate convicting. § 14. No person shall publicly exhibit, or permit in any building or place owned, occupied or controlled by him or her, or any other person or persons to exhibit or participate in exhibiting any theatrical representations, feats of horse- manship, circuses, caravans of animals, or any animal or artificial curiosity, or other shows or exhibitions, or perform- ances in said city, without first obtaining a license from the Mayor therefor, under a penalty of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) , in the discretion of the magistrate convicting. For every license so granted there shall be paid not less than one dollar ($1.00; nor more than one hundred dollars ($100.00), at the discre- 40 Code of Ordinances. tion of the Mayor. Provided, however, that the licenses may be granted without fee for any exhibition or performance given for the benefit of any church or school, or for any benevolent, charitable or scientific society, or for any local charity or in a building now owned and occupied by any society or corporation heretofore incorporated. This section, however, shall not apply to any show, exhibition or performance given in a hall, theatre or building duly licensed under the provisions of this ordinance. § 15. No person shall obstruct, aid or assist in ob- structing, any officer in the execution of his duty, under a penalty for each offence of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) , in the discretion of the magistrate convicting. § 16. No person shall post any handbills, notices or advertisements of any kind on any house, wall or fence without the permission of the owner, nor upon any post, flag- stone, curbstone, telegraph or telephone pole, shade tree, shade tree box. hydrant or other place in any street, or print, paint, stamp or otherwise mark any words, letters, figures, signs or tokens of any sort thereon, under a penalty for each offence of not less than five dollars nor more than fifty dollars, in the discretion of the magistrate convicting. No person shall distribute, throw, drop or cause to be distributed or dropped in any of the streets or public squares of said city, any posters, handbills, advertising cards, or other substance used for the purpose of advertising. Every person violating this provision shall pay a penalty of not more than twenty-five dollars for every such offence. § 17. No person shall sell or offer for sale any prize package of merchandize in any form having a value which is uncertain and dependent upon some unknown quantity of money or other property said to be contained therein or therewith under a penalty of not less than five nor more than fifty dollars for each offence, in the discretion of the magistrate convicting. § 18. No person shall keep any swine within the limits of that part of the city embraced within the corporate limits of Code of Ordinances. 41 the late Village of Yonkers, without a permit from the Health Officer, under a penalty for each offence of not less than three dollars nor more than twenty dollars, in the discretion of the magistrate convicting. § 19. No person shall keep any cows within that part of the city embraced within the corporate limits of the late Village of Yonkers, in any barn, shed or other building, at a less distance than fifty feet from any dwelling except the dwelling occupied exclusively by the person keeping such cows, under a penalty of three dollars, and a further penalty of one dollar for each day’s continuance of the violation of this section, after notice from any policeman to discontinue the same. § 20. No person shall keep any goats within that part of the city embraced within the corporate limits of the late Village of Yonkers, under a penalty of three dollars, and a further penalty of one dollar for each day’s continuance of the violation of this section, after notice from any policeman to discontinue the same. § 21. The owners of all buildings within that part of the city embraced within the corporate village limits of the late Village of Yonkers, shall number the buildings according to the number of the lot on which such buildings are situated, as the same are shown on the several ward maps of the city, and cause such number to be placed in a conspicuous manner, on or about the front door thereof, or at the front gate of the premises, within twenty days after notice so to do, from any policeman, under a penalty of one dollar for each day thereafter that such building shall remain unnumbered. § 22. No person, unless authorized in writing by the Commissioner of Public Safety, shall have in his possession within the city, a pistol, revolver or other firearm. § 23. All processions or parades occupying or marching upon any sidewalk, street or public place of the city of Yonkers (excepting the National Guard, the Fire Depart- ment, funeral processions engaged in the actual burial of the dead), are forbidden, unless the written consent of the Mayor be obtained, and such consent shall designate the 42 Code of Ordinances. street or streets of the city through which said procession or parade may move. Any person violating this section shall be deemed guilty of a misdemeanor and punished by a fine of not exceeding fifty dollars ($50.00) or by imprisonment in the County Jail of the county not exceeding fifty days, or by both such fine and imprisonment, in the discretion of the Court in which a conviction may be had. § 24 Between the fifteenth day of October of any year and the fifteenth day of April of the next year it shall not be lawful for any person or corporation in the City of Yonkers to run or operate any open car for carrying passengers on any street railroad built or to be built in said city; and between the first day of December of any year and the first day of April of the next year it shall not be lawful for any person or corporation in the City of Yonkers to run or op- erate any car for carrying passengers on any street railroad built or to be built in said city unless said car shall have a vestibule built upon each end thereof sufficient to afford protection from the weather to motoimen, conductors and others standing upon the platforms of said car. §25. It shall not be lawful for any person or corporation to run any car on any street railroad operated in the City of Yonkers until the said car shall be equipped with and carry at the front end thereof a suitable and proper fender. § 26. It shall be unlawful for any corporation operating cars in the City of Yonkers to run any cars equipped with what is known as flat or defective wheels. No person shall act as motorman or conductor on any street car operating in the City of Yonkers, unless he shall have first received fifteen (15; days’ instruction upon the various lines in the city, the last day of such instruction to be under the super- vision of a competent instructor, who shall certify to the fitness of any applicant for such employment prior to the employment of any such applicant. Any violation of this section shall constitute a misdemeanor, punishable by a fine not exceeding one hundred and fifty dollars ($150.00), or by imprisonment not exceeding sixty (60) days, or both. Code of Ordinances. 43 ARTICLE VII. AUCTIONEERS, PEDDLING, JUNK SHOPS. Section 1. No person shall sell at auction, or peddle any goods, wares, merchandise or other property without a license therefor, granted, as provided in Section 2, of this article under a penalty of twenty dollars ($20.00) for each offence. But no auctioneer's license shall be issued until satisfactory evidence shall be presented to the Mayor that the applicant has executed the bond required by Section 23 of the General Business Law. The provisions of this Section shall not operate to charge any license fee to an exempt member of the Yonkers Volun- teer Fire Department, who has served the full time required by law, and files with the Mayor a certificate from the Board of Fire Commissinoers, or the Commissioner of Public vSafety showing him to have served such time, and being a worthy person. § 2. The Mayor is hereby authorized to grant licenses under his hand, to be sealed with the corporate seal, and countersigned by the City Clerk, to such persons as he shall deem proper to sell at auction; to peddle goods, wares and merchandise or other property within the limits of the city, and to truckmen, expressmen and drivers of furniture moving vans, which licenses shall expire on the first day of July next after their issue. The City Clerk shall collect license fees therefor, as follows, viz. : For each license to any person to peddle the produce of his own farm or garden, for the term of one year, the surn of one dollar. For each of the other licenses under this section, for the term of one year, ten dollars, except that the license fee for peddlers of flowers and other florist’s supplies, for the term of one year, shall be fifty dollars ($50.00). A transfer of a license will cost two dollars ($2.00). Every person licensed under the provision of this 44 Code of Ordinances. article shall be entitled to keep and use only one cart, wagon or other vehicle, provided such person, before using such cart, wagon or vehicle, or causing the same to be used, shall cause to be painted on the outside of such cart, wagon or vehicle his or her name at length, the street and number of his or her place of business, and the number of the license in plain letters and figures put on with paint, said letters and figures to be not less than two and a half inches in length, and said figures to be fixed on both sides of each wagon. If any licensee shall desire to keep more than one such conveyance, the City Clerk is empowered on the application of such licensee to issue one duplicate of the original license for each such conveyance in excess of one, on the payment to said Clerk, for the use of the city, of the regular license fee for each such duplicate, and such licensee shall there- upon be entitled to keep one such conveyance for each such duplicate, and such duplicates shall remain in force until the expiration of the original license. No more than the licensee and one assistant will be allowed to peddle at a wagon under each license issued. Every person engaged in peddling within the City of Yonkers shall at all times carry with him or her when so engaged the license or the duplicate thereof by which said peddling is authorized, and shall exhibit the same upon demand to any member of the Police Department or police force of this city. All licenses under this article shall at all times be subject to such rules and regulations as may be made for their control and government by the authorities of the city. Licensed peddlers are hereby permitted to occupy with their vehicles any part of Getty Square that is not within twenty-five feet of the sidewalk or within twenty-five feet of the railroad tracks between the hours of 7 to 11 P. M. Saturdays, and not elsewhere. No licensed peddler, vender, hawker, or huckster shall permit any cart, wagon or vehicle, owned or controlled by him or her, to stop, remain upon or otherwise incumber any street, avenue or highway for a longer period than ten minutes at one time on any one block nor shall any Code of Ordinances. 45 such peddler, vender, hawker or huckster stand in front of any premises, the owner of or the lessee of the ground floor thereof objecting thereto. At the expiration of the ten minutes aforesaid, any vender, with or without basket, cart, wagon or vehicle must be removed to a point at least one block distant, except as hereinbefore provided. § 3. It shall be unlawful for any person or corporation to engage in or carry on the business of bill posting or dis- tributing of bills, papers, books, pamphlets, sample packages or other printed matter intended for advertising within said city, without having obtained a license from said city as herein provided. The Mayor is hereby authorized to grant licenses under his hand, to be sealed with the corporate seal, and counter- signed by the City Clerk, to such persons as he shall deem proper to carry on the business of bill posters for which the City Clerk shall collect an annual license fee of fifty dollars ($50.00). •Such a license shall entitle such person, for the period of one year, to engage in the business of bill posting or of distributing bills, papers, books, pamphlets, sample pack- ages or other printed matter intended for advertising, or both. Such license shall not be transferable. A licensed bill poster and distributor, his agents and em- ployees shall each, while actually engaged in bill posting under this article within the corporate limits of said city, wear in a conspicuous place upon his person, a badge with the following words printed or engraved thereon, “ Licensed Bill Poster and Distributor ” together with the number of the license and the name of the licensee. Such badge shall be furnished at the expense of the licensee. Nothing in this section shall be construed to authorize the city to exact and receive a license fee from charitable, benevolent, fraternal or social organizations or from mer- chants doing business in the City of Yonkers, New York, for advertising their own business. No distributor is allowed to walk across lawns. The ringing of bells, pushing of buttons, or giving any other alarm is not allowed. 46 Code of Ordinances. Bill posters are required to keep their boards in good condition and to remove all paper from the premises as soon as torn off. Bills and any other articles shall not be thrown on the streets, sidewalks or yards, but must be placed in paper or litter boxes, or somewhere about the front, side or rear of residences. Any corporation or person violating any of the provisions hereof shall be fined in a sum of not more than twenty-five dollars ($25.00) for every such violation. § 4. No person shall keep what are commonly called junk shops, nor collect nor be engaged in the business of collecting old junk, rags, old rope, old iron, brass, copper, tin, lead, slush or empty bottles, in the City of Yonkers, without procuring from the Mayor a license therefor. § 5. The Mayor may, from time to time, grant licenses, to be countersigned by the City Clerk, to such persons as shall procure the recommendation of the Commissioner of Public Safety or the City Judge of Yonkers, to keep what are commonly called junk shops, for the purchase and sale of second-hand articles, junk, rags, old rope, old iron, brass, copper, tin, lead, slush and empty bottles, and to collect said articles. Every person receiving such license shall pay therefor the sum of five dollars ($5.00) , and shall also give a bond to the City of Yonkers, in the penal sum of two hundred and fifty dollars ($250.00), conditioned for the due observance of all ordinances of the Common Council that may be passed or in force respecting the keeping of junk shops at any time during the continuance of such license. § 6. Every keeper of a junk shop shall provide and keep a book in which shall be fairly written, at the time of every purchase, a description of the article purchased, the name and residence of the person from whom such purchase was made, and the day and hour of such purchase. Such book shall be at all times open to the inspection of the Mayor, Aldermen, Commissioner of Public Safety, City Judge, or any person authorized in writing by either of them. Code of Ordinances. 47 § 7. Every keeper of a junk shop who shall violate or neglect, or refuse to comply with the foregoing provisions, or either of them, shall, for every such offence, forfeit and pay the sum of twenty-five dollars ($25.00). § 8. Every license granted to a keeper of a junk shop shall designate the place in which the person receiving the same shall be authorized to carry on such business, and no person shall carry on any junk business at any other house or place than the one designated in such license. Every license shall continue in force until the 30th day of June next following the granting thereof, unless sooner revoked by the Common Council or the Mayor, and no longer. Every person who shall carry on any junk business at any place in the City of Yonkers, without a license, shall forfeit and pay the sum of twenty-five dollars ($25.00). § 9. No junk dealer shall purchase any junk, rags, old rope, old iron, brass, copper, tin, lead, slush, empty bottles or second-hand articles, from any minor, knowing or having reason to believe him or her to be such, under the penalty of twenty-five dollars ($25.00) for every such offence. § 10. No keeper of a junk shop shall purchase any goods, articles or things whatsoever, of the kinds enumerated in vSection 9 above, from any person whatsoever, between the setting of the sun and the hour of seven o’clock in the morning, under the penalty of twenty-five dollars ($25.00) for every such offence. § 11. No keeper of a junk shop shall alter, deface or take apart any article or thing which shall be purchased in his business, within the period of one month from the time of such purchase; but the same shall be sold or offered for sale in the same form, state and condition, if sold within a month from the purchase thereof, in which it was when first received by said keeper, under the penalty of twenty- five dollars ($25.00) for each such offence. § 12. Every keeper of a junk shop shall, on demand to view articles or things in his possession, made by the Mayor, an Alderman, City Judge, Commissioner of Public Safety, or any person who may be authorized in writing by 48 Code of Ordinances. either of the above named officers or magistrates to make such demands, exhibit the same, under the penalty of twenty-five dollars ($25.00) for every neglect or refusal so to do. § 13. Every licensed keeper of a junk shop shall be entitled to use in his business one or more carts, wagons or other vehicles, but his name, place of business and the number corresponding to the number of his license, shall be plainly and conspicuously painted on every vehicle used in his business, in letters and figures of not less than two inches in length. § 14. The Mayor may also from time to time, on the application in writing of a licensed keeper of a junk shop, grant license to such persons as are employed by said licensed keeper in his business, upon the payment of a license fee of three dollars for each person so licensed. All such licenses shall expire on the 30th day of June, following the date of issue thereof. All purchases made by any person employed by a licensed junk dealer and in charge of a junk cart must be entered in a book, as provided in Section 6 under a penalty of twenty-five dollars ($25.00) for each omission to enter such purchases. § 15. Every licensed keeper of a junk shop and every person employed by said licensed keeper to take charge of any vehicle to collect junk, old rope, rags, old iron, brass, copper, tin, lead, slush or empty bottles in the City of Yon- kers, shall procure and display conspicuously on his person at all times while engaged in the business of collecting the above named articles or any of them, a badge bearing the word “ Junk ” and the number corresponding to the number of the license of such person, in plain letters and figures at least one-half inch in length, and such other device as the Mayor may from time to time determine. f§16. No person shall be licensed to deal in junk, or to collect the same in the City of Yonkers, who has no place of business for junk dealing in said city. § 17. Any violation of the foregoing sections in relation to junk dealers shall, in addition to the penalties herein Code of Ordinances. 49 prescribed, be punished as provided in Section 64 of the General Business Law; and every license granted may be revoked by the Mayor on satisfactory cause appearing to him for so doing. ARTICLE VIII. OF EXCURSIONS AND PICNICS. Section 1. No steamboat or barge, while making an excursion of pleasure, shall land any passenger within the city, except upon the grounds of such persons as shall have received a license from the Mayor, to keep grounds for the purpose of accommodating excursion and picnic parties, without a permit in writing from the Mayor. The captain, owner, or person in charge of any such steamboat or barge violating this section shall be liable to a penalty of one hun- dred dollars ($100.00). § 2. The Mayor is hereby authorized to grant such permit upon receiving payment of a sum of not less than five dollars ($5.00) nor more than one hundred dollars ($100) . § 3. No person, except those duly licensed, shall receive or entertain for profit or hire, upon or within his premises, any party of passengers from any excursion steamboat or barge or railroad cars, under the penalty of twenty-five dollars ($25.00). § 4. The Mayor is hereby authorized to grant licenses, under the corporate seal, attested by the City Clerk, to such persons as he may deem proper, to keep grounds for the entertainment of parties making an excursion of pleasure, and shall charge and collect not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each license for one year so granted. Such persons so licensed shall, between the first and fifth days of each and every month, make and file with the City Clerk a true and correct state- ment or account, to be verified with their affidavit, of the number of such excursion parties received and entertained by them during the preceding month, and shall, in addition 50 Code of Ordinances. to their license fee, at the time of making and filing such statement or account, pay to the City Treasurer five dollars ($5.00) for each and every excursion party received and en- tertained by them during the preceding month. Persons applying for such licenses shall, before receiving the same, execute and deliver to the city, a bond in such sum of not less than five hundred dollars ($500.00) , and with such sureties as the Mayor shall approve, conditioned that the person so licensed shall render such statements and pay over to the City Treasurer such sums, within the time pre- scribed, as required by this section. If any person so licensed shall fail to make such monthly statement and payment, and shall make a false statement or account of the number of excursion parties received and entertained by him his license shall be forfeited and void. ARTICLE IX. IN RELATION TO THE SEALING AND INSPECTION OF WEIGHTS AND MEASURES. Section 1 . The standards of weights and measures now in possession of the Bureau of Weights and Measures of the State of New York shall be the standards of this city; the Sealer of Weights and Measures shall annually embody in his estimates for the year a sum sufficient to insure the proper equipment of his office and he shall also provide a proper and safe place to keep said standards entrusted to his care. § 2. It shall be the duty of the Sealer of Weights and Measures and he is hereby authorized to inspect, examine, test, and seal, at least twice a year, and as much oftener as he may deem proper, the weights, measures, scales, beams, patent balances, steelyards, and other instruments used in the City of Yonkers in weighing and measuring as aforesaid and to inspect, test, examine, re weigh or remeasure any bottles, packages, crate or box, barrel, or any other container or any commodity sold or offered for sale in the City of Yon- Code of Ordinances. 51 kers, as often as may be necessary for the proper performance of his respective duties in enforcing the provisions of this article. § 3. All persons using weights and measures, scale beams, patented balances, steelyards, or any other instrument in weighing or measuring any article intended to be purchased or sold in the City of Yonkers shall cause the same to be sealed and marked by the Sealer of Weights and Measures of said city. § 4. Any person who shall in weighing or measuring any article for purchase or sale within the City of Yonkers use any weight not sealed and marked as herein required shall forfeit and pay the sum of twenty-five dollars ($25.00) for each and every offence. § 5. It shall be the duty of the Sealer of Weights and Measures upon finding any instrument which shall not con- form to the State standard, to cause the same to be stamped or marked by him with the official stamp containing the word “condemned’ ’ and such seal of condemnation shall be so placed upon such instrument or other implement for measur- ing if possible so that the use of such instrument or other im- plement for measuring may be prevented until such stamp or seal is officially removed. Any person or persons who shall wilfully destroy or in any manner erase any stamp or seal of inspection or condemnation from any scale, weight or mea- sure, or other instrument for such purpose intended shall for- feit and pay a fine not less than Ten Dollars ($10.00) and not to exceed Fifty Dollars ($50.00). § 6. No person shall refuse to exhibit any weights, measures, scale beams, patent balances, steelyards or other instruments to the Sealer of Weights and Measures for the purpose of being so inspected and examined under the penalty of Twenty-five Dollars ($25.00) for every such offence. § 7. No person shall in any way or manner obstruct, hinder or molest the Sealer of Weights and Measures in the performance of his duties as hereby imposed upon him, or refuse to weigh or measure or exhibit, and to permit said Sealer to weigh with said person's scales, any article of mer- 52 Code of Ordinances. chandise or any commodity whatsoever which may be sold or offered for sale ; any such person failing in the performance hereof shall be subject to a fine of $25.00 for each such offence. § 8. All weights, scale beams, patent balances, steel- yards and other instruments used for weighing shall be in- spected and sealed at the stores and places where the same may be used, but in case any of them shall be found not to conform to the standard of this State, they or it shall be con- demned, and the owner thereof shall within ten days, at his expense, have the same so altered and repaired as to conform them or it to the said standard of the State, and the Sealer of Weights and Measures at any time after the expiration of the time aforesaid, and in case such alterations or repairs are not made as herein provided, may seize and destroy any and all such weights, scale beams, patent balances, steel-yards, or other instruments used for weighing. Any violation of the provisions of this section shall be subject to a fine of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). § 9. Any instrument used as dry or liquid measure which shall be found by the Sealer of Weights and Measures, upon being tested to be fraudulent or deficient or defective in measure or capacity and all tin liquid measures found in any use by the Sealer of Weights and Measures for measuring dry commodities and any balance, weight or other instruments found to be out of balance or incorrect or misleading by the said Sealer of Weights and Measures, and the possession of any such weights or measures by any vendor or merchant shall be admitted prima facie evidence of intent to defraud, and the person, firm or corporation found violating this section shall for each offense be fined not less than ten dollars ($10.00) or more than fifty dollars ($50.00) . § 10. The Sealer of Weights and Measures shall give a certificate to the owner of the weights or measures inspected, and shall keep a record of such certificate given on a corres- ponding stub. The certificates and corresponding stubs shall be numbered consecutively. The books containing the stubs, after the corresponding certificates have been given out, shall Code of Ordinances. 53 become a public record. The Sealer shall be authorized, when required, to certify extracts from these records. No license shall be issued to any hawker, or street ped- dler, vendor or dealer unless he presents a receipt from the Sealer of Weights and Measures, showing that the weights and measures used by him have been properly inspected, tested and sealed, immediately preceding the issuance of such license. The license of any hawker or street peddler who has in his possession any unsealed weight or measure, may be summarily revoked. § 11. All weights, measures, scale beams, patent bal- ances, steelyards and other instruments for weighing, to be sealed and adjusted by a Sealer of Weights and Measures in the City of Yonkers shall be made to conform to the standard of the State, and shall be marked by him with the initials of his name and the date on which the same shall be sealed and marked. Upon the written request of any resident of the City of Yonkers the Sealer of Weights and Measures shall test or cause to be tested within a reasonable time after the receipt of such request, the weights, measures, scale beams, patent balances, steelyards or other instruments used in buying or selling by the person, firm or corporation designated in such request. § 12. If any person shall use, in the City of Yonkers, in weighing or measuring, as aforesaid, any weight, measure, scale beam, patent balance, steelyard, or other instrument which shall not conform to such standard, or shall use in weighing aforesaid, any scale beam, patent balance, steelyard or other instrument, which shall be out of order or incorrect, or which shall not balance, he, she or they shall forfeit and pay for every such offence the sum of twenty-five dollars. § 13. The Sealer shall keep a register of the name of each person, firm or corporation whose weights, measures, scale beams, patent balances, steelyards or other instruments have been inspected, together with the number and size of same, and what of each was approved and what condemned, 54 Code of Ordinances. with the date of inspection, and such record shall be open to the inspection of the public at all reasonable times. § 14. No person shall sell or offer for sale in any market or in the public streets or in any other place in the City of Yonkers, any fruits, vegetables or berries in crates, baskets or other measures, or any butter in prints, or any ice or coal or other fuel at or for a greater weight or measure than the true measure thereof ; and all ice, coal, coke, meats, poultry and provisions (except vegetables sold by the head or bunch) of every kind, sold in the streets or elsewhere in the City of Yonkers shall be weighed or measured by scales, measures or balances or in measures duly tested and stamped by the Sealer of Weights and Measures; provided that poultry may be offered for sale and sold in other manner than by weight, but in all cases where the persons intending to purchase shall so desire and request poultry shall be weighed as hereinbefore provided. § 15. Any weights or scales found by the Sealer of Weights and Measures in use in any market, in the public streets, or in any place of business, which upon being tested are found to be short in weight may be summarily confiscated and destroyed. § 16. No person shall sell or supply any coal or coke within the limits of the City of Yonkers unless there shall be delivered to the person in charge of the wagon or conveyance used in such delivery a certificate duly signed by the person selling such fuel, showing the weight of the fuel proposed to be delivered, the weight of the wagon or conveyance used in such delivery, the total weight of fuel and conveyance and the name of the purchaser. § 17. No person in charge of a wagon or conveyance used in delivering coal, coke or other fuel, to whom the cer- tificate mentioned in the previous section has been given, shall neglect or refuse to supply such certificate to the Sealer of Weights and Measures, or to any person designated by him, or to the purchaser or intending purchaser of the fuel being delivered; and when the said officer or person so designated, or the intending purchaser, shall demand that Code of Ordinances 55 the weight shown by such certificate be verified, it shall be the duty of the person delivering such fuel to convey the same forthwith to the public scale or any private scale, and shall after the delivery of such fuel return forthwith with the wagon or conveyance used to the same scale and verify the weight of said wagon or conveyance. § 18. One hundred pounds of coal or oven coke shall constitute a hundred weight, and twenty such hundred weights shall constitute a ton ; and no coal or oven coke shall be sold except by avoirdupois weight. § 19. Any dealer violating any of the provisions of this article, relating to the sale of coal, or oven coke, or who shall deliver or attempt to deliver to any purchaser a less quantity than 2,000 pounds of such coal or coke, for each ton purchased, or a proportionate amount for any part of a ton, or who shall practice any fraud or deceit in the sale or delivery of any coal, purchased to be delivered in the City of Yonkers, shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) for each offence. § 20. The following commodities, foods or articles, of merchandise, shall be sold as herein provided, to wit: All ice shall be sold only by avo irdupois weight . All small fruits shall be sold by even measure. All milk and cream that shall be sold in bottles, shall be sold only in half-pint, one pint and one quart bottles. § 21. Hereafter it shall not be lawful for any person to sell, or offer for sale within the limits of the City of Yonkers, any hay or straw by the bale unless the exact gross and net weight shall be legibly and distinctly marked on every such bale of hay or straw, under a penalty of ten dollars ($10.00) for each bale of hay or straw so sold or offered for sale in contravention of the provisions of this article. § 22. It shall be the duty of the Sealer of Weights and Measures to report forthwith to the Corporation Counsel the names and places of business of all persons violating any of the provisions of these sections, and all persons making use 56 Code of Ordinances. of any fraudulent or unsealed weights, measures, scales or other instruments for weighing or measuring. § 23. Any person or corporation who shall practice deceit or fraud of any kind whatsoever in the sale of any commodity or article of merchandise of any kind whatsoever, whether sold by dry measurement, or linear measurement, or superficial measurement, or cubic measurement, or by weight, or by any unit of enumeration used in determining or mea- suring any quantity, by selling or offering for sale any com- modity or article of merchandise of any kind whatsoever or by using any instrument or device or measure, or package that shall not comply with the requirements of this article and the rules and regulations established by the said Bureau of Weights and Measures of the State of New York, so that such sale shall be in quantities of less weight or measure of enumeration represented by the vendor or his agent or em- ployee upon such sale or offer of sale, or who shall sell or offer for sale any commodity or any receptacle containing a less quantity than it is represented at the time of such offer or sale to contain, or any article measured by dry measure that shall not be heaped up measure in accordance with the pro- visions of this article, or who shall sell, or offer for sale any article of any measurement in other than a legal dry measure, or in any measure which has not been inspected and sealed by the Sealer of Weights and Measures in accord- ance with and pursuant to the provisions of this article shall, except as in this ordinance otherwise specifically pro- vided, for each offense be subject to a fine of not less than ten dollars ($10.00) or more than fifty dollars ($50.00.) ARTICLE X. SEWER AND DRAIN CONNECTIONS. Section 1 . No connection shall be made with any public sewer without a permit from the Commissioner of Public Works and upon a written application stating the location of premises, the name of the owner, the size of the pipe con- Code of Ordinances. 57 nection, the number of buildings to be connected and how the same are occupied. No owner or occupant of any premises having connection wdth any sewer shall permit any owner or occupant of prop- erty not fronting on the street in which the sewer is laid to convey or cause any sewage or other substance to be con- veyed into such sewer through such connection pipe and no person shall connect any premises with or cause or permit any sewage or other substance to be conveyed into any sewer, except a sewer laid in the street upon which such premises have a frontage, without a permit from the Commissioner of Public Works. § 2. The street must be opened and the pavement and earth deposited in a manner that will occasion the least inconvenience to the public, and provide for the passage of water along the gutters. § 3. The surface of the street pavement, flagging and gutters must be restored to at least as good condition as before excavation, and the paving must be done by com- petent paver ; and in refilling the trench the same earth shall be replaced as was taken out, and in case of rock excavation the trench shall be refilled wdth good earth. § 4. All connections with sewers shall be made in ac- cordance with the rules and regulations of the Bureau of Health. § 5 . All persons by whom any excavation is to be made, for construction, altering or repairing a vault, waste pipe or drain in any street in the city, shall give notice in writing thereof to the Commissioner of Public Works, and the owners of any pipes laid in the street about to be disturbed by such excavation, at least twenty -four hours before commencing the same, and such persons shall, at their expense, sustain, secure and protect said pipes from injury, and pack the earth whenever the same shall have been removed, loosened or disturbed under or around them, so that such pipes shall be well and substantially supported. § 6. Any person violating any provision of this article 58 Code of Ordinances. shall, for each offence, be liable to a penalty of not less than five dollars nor more than fifty dollars, in the discretion of the magistrate convicting. Such penalty shall not affect any right of action for damages. ARTICLE XL OF FIRES, AND PRECAUTION AGAINST FIRE. Section 1. No person shall put up a pipe of any stove, furnace or boiler, unless it be conducted into a chimney made of brick or stone, without permission of the Commis- sioner of Public Safety, under a penalty of five dollars, and a further penalty of one dollar for every twenty-four hours that the same shall so remain. § 2. No person shall set on fire or burn any hay, straw, chips, shavings or other combustible substance in any street or on any lot in the city, except between the rising and setting of the sun, and no person shall build a fire or burn any material or refuse whatever on any street, avenue or public place in the City of Yonkers which is paved wdth asphalt or stone block pavement. Any person violating the provisions of this section shall be liable to a penalty of not less than ten dollars nor more than twenty-five dollars for each and every offence. § 3. It shall be the duty of the Commissioner of Public Safety, as often as he shall deem proper, to examine, or cause to be examined all buildings in the city for the pur- pose of ascertaining all violations of any act, ordinance or re- solution having for its purpose the prevention of or precau- tion against fires, and also to examine all buildings, and all chimneys, fire places, hearths, stoves and pipes thereto, ovens, boilers, kettles and also all chemical and gas apparatus which, in his opinion, may be dangerous in causing or pro- moting fires, and also places where ashes may be deposited, and upon finding any of them defective or dangerous, the said Commissioner of Public Safety shall direct the owner or occupant of such building or premises, by a printed or Code of Ordinances. 59 written notice, to alter, remove or change the same in such a manner and within such reasonable time as the said Com- missioner of Public Safety may deem necessary, and in case of refusal or neglect of such owner or occupant to comply with such notice, he shall pay the sum of ten dollars for every twenty-four hours’ continuance of such neglect or refusal, and after the expiration of the time limited in said notice the Commissioner of Public Safety may remove or change such building, appurtenance or fixtures as prescribed in said notice. And the expense of such removal or change, together with a fee of three dollars, to be paid to the Com- missioner of Public Safety making such removal or change, may be recovered by action against the owner. § 4. No ashes shall be kept or deposited in anv building in that part of the city included within the boundaries of the late Village of Yonkers, unless in a close and secure iron, tin or earthen vessel, or in a brick or stone ash house, under a penalty of three dollars for each offence, and a further penalty of one dollar for every twenty-four hours the same shall so remain. § 5. No person shall cut or injure in any manner any hose, fire engine or other apparatus provided for the extin- guishment of fires, belonging to the city, nor drive a vehicle over any such hose, under a penalty of not less than ten dollars nor more than fifty dollars, in the discretion of the magistrate convicting, besides being liable to an action for the recovery of the damage done. § 6. No petroleum, kerosene or other combustible oil or fluid used for illuminating or heating purposes, which shall emit an inflammable vapor at a temperature below one hun- dred and fifty degrees Fahrenheit, shall be sold or kept by any dealer within the city, under a penalty of not less than fifty dollars nor more than one hundred dollars for each offence, in the discretion of the magistrate convicting. § 7. Every policeman is authorized and directed to inspect and test all kerosene, petroleum and other combustible and dangerous oil, fluids or other substances, sold, carted, carried, kept, stored or used in the city, and to report to the 60 Code of Ordinances. Corporation Counsel every violation of this article and of the general statutes relating to the keeping and storing of pe- troleum or other dangerous oils or fluids. § 8. No person shall, by outcries, ringing of bells, sounding of alarm, or otherwise raise a false alarm of fire in this city, under a penalty of not less than ten dollars nor more than fifty dollars, in the discretion of the magistrate con- victing. ARTICLE XII. OF THE RUNNING AT LARGE OF ANIMALS IN THE STREETS. Section 1. No cattle, horses, asses, mules, sheep, goats, swine, geese or fowls, shall be permitted to run at large, or to be pastured, in or upon any street, and if found running at large therein, or being pastured therein, such animals may be impounded in one of the city pounds, from which they shall not be released until there shall be paid to the pound-keeper the sum of two dollars for every cattle, horse, ass or mule; one dollar for every swine, five dollars for every goat, and twenty-five cents for every goose or sheep impounded as aforesaid, one-half of which sum or sums shall be paid to the said pound-keeper for the use of the person driving said animal or animals to said pound, and the other half shall be paid by the pound-keeper to the City Treasurer, and also until the said pound-keeper be paid the reasonable cost of providing necessary sustenance for the animal so impounded, and for advertising and selling the same. Pound-keepers shall receive no animals from a minor. § 2 . It shall be the duty of the pound-keeper to provide necessary sustenance for all animals impounded and kept in any of the public pounds, and it shall be lawful for the pound- keeper to sell at public vendue any animal or animals im- pounded pursuant to the preceding section 1, at any time after the expiration of three days from the time they shall be so impounded, the said pound-keeper giving at least forty- Code of Ordinances. 61 eight hours’ previous public notice of the time and place of sale by advertisement to be put up at the pound, the City Hall and two other public places. But upon the payment of the penalty prescribed in the preceding section, and the ex- pense of sustenance aforesaid, at any time before sale, the same shall be released. The pound-keeper shall, after retain- ing from such sale all expenses incurred for sustenance and the penalty, pay the balance to the City Treasurer. The pound-keeper shall not purchase, or be interested, directly or indirectly, in the purchase of animals sold by him as pound- keeper, under a penalty of ten dollars and a forfeiture of his office. § 3. Every owner, possessor or person who harbors any dog shall take out a license for each dog, paying the sum of one dollar for each dog, All licenses shall be dated from the first day of May in each and every year, and shall be for one year from date. Said license shall be issued by the City Clerk, and signed by the Mayor’s Clerk, and shall have the name of the owner, and the number of the license on it. Any dog so licensed must have a collar around his neck with the number of the license thereon or upon a metal tag attached to the collar. Any dog so licensed must, when in the street, be held by such owner or other person, secured by a cord, rope or chain not more than four feet in length ; but the owner, at his option, may use instead of the above a muzzle con- structed so as to prevent the dog from biting; and hereafter no dog, whether licensed or unlicensed, shall be allowed to run at large in any street, and if any dog shall be found so running at large the owner thereof or person harboring the same shall be subject to a penalty of five dollars ($5.00) . It shall be the duty of the City Clerk to furnish to the pound- keeper a list of all persons to whom dog licenses are issued, together with the number of the license issued to each, and it shall be the duty of the pound-keeper to notify the owner of each licensed dog which may be brought to the pound. The provisions of this section, except those relating to leading and muzzled dogs and dogs running at large, shall not apply to dogs owned by non-residents remaining tempor- 62 Code of Ordinances. arily or in passing through the city, or to dogs brought into the city for purpose of exhibition. But the provisions of this section shall apply to all dogs the owner or owners of which travel about in parties of two or more in wagons or other conveyances upon the public highways, and who live in wagons or tents, a part if not all the time, having as a principal means of support, and whose only visible business is the buying and selling and trading in horses, and other live stock, or the telling of fortunes. § 4. All dogs unlicensed, or without tags if licensed, or unsecured, or running at large on any of the streets of this city between the first day of June and the first day of October, shall be taken to one of the city pounds and there detained for twenty-four hours. If not reclaimed within that time such dog shall be disposed of by killing or otherwise, in the discretion of the pound-keeper. The person so claiming any dog shall at the time produce to the pound-keeper a license for said dog, and shall pay to the pound-keeper the sum of one dollar, but in case of any dog being killed, as hereinbefore directed, the owner thereof shall not be liable for the penalty aforesaid. § 5. The Mayor shall employ a dog -catcher and may discharge him at pleasure. The dog catcher shall bring to the city pound all dogs found in the streets in violation of the provisions of this article; said dog -catcher shall receive as compensation not exceeding the sum of six hundred dollars per annum, as the Board of Estimate and Apportionment may determine, payable monthly. Said officer shall wear a uniform, and it shall be his duty to keep a record of his office and attend to the destruction of such animals as should be destroyed. Any person delivering to the pound-keeper any dog not found on the streets in violation of sections 1 and 2 shall be subject to a penalty of not less than ten dollars ($10.00.) § 6. No person shall break into or attempt to break into or in any manner injure any of the city pounds, under a penalty of fifty dollars. § 7 . No person shall rescue or turn away from the cus- Code of Ordinances. 63 tody of any person driving, leading or conveying to any of the city pounds any animal prohibited from running at large, or pasturing in any street, or interfere with, obstruct, or hinder any person driving any such animals, under a penalty of not less than twenty-five dollars, nor more than fifty dollars, in the discretion of the magistrate convicting. ARTICLE XIII. HACKNEY COACHES, CABS, STAGES. DRIVERS AND EXPRESSMEN. Section 1. The Mayor is hereby authorized to grant licenses, under the corporate seal, attested by the City Clerk, to keep hackney coaches, carriages, cabs for hire, express wagons, and piano moving wagons, and to suspend or revoke said licenses at pleasure. § 2. Every person licensed shall pay to the City Clerk for each hackney coach or carriage which such person shall keep for hire the sum of three dollars, and for each cab the sum of two dollars, for each license so granted between the 1st day of June and the 1st day of January; and one-half of said sums for each license granted between the 1st day of January and the 1st day of June, and for every renewal of any such license one-half of such yearly license fee. § 3. No person shall keep or drive any hackney coach, carriage or cab without a license. § 4. Every driver of a hackney coach, carriage or cab shall, on receiving his license, pay to the City Clerk the sum of one dollar therefor, and for every renewal thereof the sum of fifty cents. § 5. Every driver of an express wagon, furniture van, or piano moving wagon, shall, on receiving his license, pay to the City Clerk, for each such wagon or van, the sum of five dollars, and for each renewal of said license the sum of three dollars. No person shall keep or drive any express 64 Code of Ordinances. wagon, [furniture van or piano moving wagon without such license. § 6. No person shall drive any hackney coach, carriage cab, furniture van or piano moving wagon without being at the time licensed as aforesaid ; and no owner of any hackney coach, carriage, cab, furniture van or piano moving wagon shall suffer or permit any person to drive such hackney coach, carriage or cab who is not licensed as aforesaid. § 7. Every licensed owner or driver of any hackney coach, carriage, cab, express wagon, piano-moving wagon or furniture van, whenever he shall drive the same, or shall be with his coach, carriage, cab, express wagon, piano-moving wagon or furniture van, on any public stand, or at any of the steamboat or other landings, or railroad depots, or while waiting for employment at any place, shall wear conspicu- ously on his left breast a badge in the form of a shield, to be made of German silver or other white metal, with the number of his coach, carriage, cab, express wagon, piano-moving wagon or furniture van thereon in plain black figures of not less than one-half inch in length, and the word “Licensed” above and the word “Hack,” “Express,” Furniture van,” or “Piano-moving van,” as the case may be, beneath such number in semi-circular form, the letters to be not less than one-quarter of an inch in length. § 8. The Mayor is hereby authorized to designate public stands; to permit so many and such coaches, carriages cabs, express wagons, furniture vans, or piano-moving wagons, as in his judgment, may be necessary to stand at such places as he may deem proper for the accommodation of the public. The Mayor or the Commissioner of Public Safety may give such orders respecting the standing of hackney coaches, carriages, cabs, express wagons, furniture vans, or piano-moving wagons, at and near railroad depots, and places of amusement at night, and at and near the landing places of steamboats and other vessels, at all times, and at and upon the stands designated and specified for such hackney coaches, carriages, cabs, express wagons, furniture vans, or piano-moving wagons, as may be necessary to preserve order, and all such orders shall be obeyed. Code of Ordinances. 65 § 9. No person, except a licensed driver of a hackney coach, carriage or cab, shall wear the badge of any licensed driver, or any badge purporting to be the badge of any licensed driver; nor shall any person other than a licensed driver or owner solicit passengers for any hackney coach, carriage or cab ; nor shall any licensed driver wear any other than his own badge, or suffer or permit any other person to wear his badge. § 10. Every driver of any hackney coach, carriage or cab shall present to every passenger employing him a card, on which shall be legibly printed the number of the coach, carriage or cab driven by him, and also the name of the owner, and the location of the stable, together with the place of the Mayor’s office, and the whole of section 17. § 11. The last four sections shall not apply to any licensed owner or driver having a special license. § 12. Every hackney coach, carriage or cab which shall resort to or come upon any of the stands, or which shall be found waiting for hire at a place other than the stable of the owner thereof, shall be marked and numbered in the manner following, that is to say: The license number of the hackney coach, carriage or cab shall be fixed in plain, legible figures in metal, of at least two inches in length, and a quarter of an inch thick, on each side of the rocker, immediately under the doors of the carriage, on the outside thereof, and such con- spicuous place on the inside of the coach, carriage or cab as shall be designated and approved by the Commissioner of Public Safety. § 13. Every hackney coach, carriage or cab when driven or used in the night, shall have upon some conspicuous part of the outside thereof two lighted lamps with plain glass fronts and sides and have its license number in plain legible figures at least two inches in length (and no other figure or device) painted with black paint upon each of the side lamps. § 14. No owner or driver of any hackney coach, carriage or cab while on any of the stands or at any steamboat landing or other landing, or while waiting for employment at any place, other than at the stable or residence of the owner thereof, shall refuse or neglect to convey any person or persons 66 Code of Ordinances. to any place or places in the city, but shall immediately carry such person or persons to the place required, and shall not take any other passengers without his or their consent. § 15. No person, whether owner or driver of any hack- ney coach, carriage or cab, or accommodation stage coach, while waiting for employment at any public stand, or at any steamboat landing or other landing shall snap or flourish his whip, or leave such coach, carriage or cab or accommodation stage coach, and go on board of any steamboat or other vessel, or on any pier or wharf, for the purpose of looking for employ- ment for such coach, carriage or cab or accommodation stage coach. § 16. All of the provisions and penalties of this article, except those requiring lamps, shall apply also to sleighs, and to the owners and drivers thereof, when such sleigh shall be driven and used for the conveyance of passengers or goods for hire or wages. § 17. The prices or rates of fare to be taken by or paid to the owners or drivers of hackney coaches, carriages or cabs shall be as follows, to wit: 1. For conveying one or two passengers any distance not exceeding one mile, fifty cents, and for each additional passenger twenty-five cents. 2. For carrying a passenger any distance exceeding one mile and within one mile and a half one dollar, and for each additional passenger twenty-five cents. 3. For conveying a passenger any distance exceeding one mile and a half and not exceeding two miles one dollar and fifty cents, and for each additional passenger fifty cents. 4. For conveying a passenger any distance exceeding two miles and not exceeding three miles, two dollars, and for each additional passenger fifty cents. 5. For conveying a passenger to any place within the city limits, exceeding a distance of three miles, two dollars and fifty cents, and for each additional passenger fifty cents. 6. For conveying a passenger to Bronxville, Tuckahoe or Mount Vernon Depot, two dollars and fifty cents, and for each additional passenger fifty cents. Code of Ordinances. 67 7. For returning a passenger, one-half the rates above prescribed for the conveyance of “a passenger,” and for re- turning each additional passenger, the same rates as above prescribed for the conveyance of “each additional passenger.” 8. For the use of a hackney coach or carriage by the hour, with one or more passengers, with the privilege of going from place to place, and stopping as often as may be required, one dollar and fifty cents per hour, and for the use of a cab in the same manner one dollar per hour. 9. For the conveyance of children between the ages of 2 and 12 years, half price only is to be charged, and for chil- dren under 2 years of age, no charge is to be made. 10. For attending a funeral at Oakland or St. John’s Cemetery with a hackney coach or carriage, four dollars ; with a cab, two and a half dollars; and at the Catholic Cemetery with a hackney coach or carriage, five dollars; with a cab, three dollars; and at Woodlawn Cemetery with a hackney coach or carriage, six dollars; with a cab, four dollars; which charges shall include the necessary detention and returning of the passengers. 1 1 . Whenever a hackney coach, carriage or cab shall be detained, excepting as aforesaid, the owner or driver of a hackney coach or carriage shall be allowed at the rate of one dollar per hour, and the owner or driver of a cab shall be al- lowed at the rate of seventy-five cents per hour. 12. Every driver or owner of a hackney coach, carriage, or cab shall carry, transport or convey in or upon his coach, carriage or cab, in addition to the person or persons therein, one trunk, valise, carpet bag, portmanteau or box, not ex- ceeding fifty pounds in weight, for each passenger, if he be requested so to do, without charge or compensation, but for every trunk or such other article above named weighing over fifty pounds, or in excess of one for each passenger, he shall be entitled to charge the same rate as for conveying an additional passenger. 13. In all cases where the hiring of a hackney coach, carriage or cab is not at the time thereof specified to be by the day or hour, it shall be deemed by the mile. 14. The owner of a hackney coach, carriage or cab shall not be entitled to receive any pay for the conveyance of any 68 Code of Ordinances. passenger from whom he shall have demanded any greater price or rate than he may be authorized to receive as afore- said, and unless the number of his hackney coach, carriage or cab, and the rates and prices of fare, shall be fixed and placed in his vehicle in the manner prescribed by this article, at the time such passenger may be conveyed in such vehicle. § 18. The Mayor is hereby authorized to grant licenses under the corporate seal, attested by the City Clerk, to keep special hackney coaches, carriages or cabs, which shall not use the public stands. § 19. Every person licensed as provided in the last preceding section, shall pay to the City Clerk the same license fee as hereinbefore provided in section 2. § 20. The Commissioner of Public Safety and his agents or officers shall, at all reasonable times, have free access to such hackney coaches, carriages and cabs, within the prem- ises of their owners, without hindrance. § 21. Such members of the police force of the City of Y onkers as may be designated by the Commissioner of Public Safety shall be the inspectors of hacks. § 22. It shall be the duties of the inspectors of hacks to visit the public stands, and all places where hackney coaches, carriages and hacks are permitted to stand. Every inspector of hacks shall have the power to order away from the stands, and from all other places, any hackney coach, carriage or cab not provided with a number or with lamps, lighted and num- bered as hereinbefore required, or not furnished with proper and suitable harness and horses, or if the same in his opinion shall be improperly obstructing the street, or if the horses attached thereto are unruly, or if the driver or person having charge of any such hackney coach, carriage or cab is intoxi- cated or in any manner misbehaves himself. § 23 . It shall be the duty of the said inspectors of hacks to see that all the laws regulating hackney coaches, carriages and cabs are, in every respect, complied with. § 24. Licenses to keep and run accommodation coaches, stages or vehicles for the transportation of passengers for hire, Code of Ordinances. 69 upon designated routes, may be issued by the Mayor, under the corporate seal, and attested by the City Clerk. Such licenses shall specify in each case, and for each of such coaches, stages or vehicles, the name of the owner, its number, and the route for which the license shall be granted. § 25. Every person licensed by virtue of the preceding section 24 shall pay therefor for every such accommodation coach, stage or vehicle kept or used by him, the sum of three dollars, for a license, to expire June 1, next thereafter, if granted after January 1, and one dollar and fifty cents if granted after January 1 ; and for a license of one or more days the sum of twenty-five cents for each and every day. The price of rates of fare to be charged by or paid to the owners and drivers of such accommodation coaches, stages and vehicles shall not exceed the sum of ten cents for each mile and the fraction of a mile for each passenger. § 26. No person shall keep or drive for hire any accom- modation coach or stage, or stage coach, by whatever name or title the same may be known or designated, without being licensed as aforesaid. § 27. The Mayor is hereby authorized to grant licenses to drivers of such coaches as are herein mentioned, as often as may be necessary, and to suspend or revoke the same when- ever he may deem it expedient ; and every driver of a stage or accommodation coach shall, on receiving his license, pay to the City Clerk the sum of twenty-five cents. § 28. The provisions and penalties of the several sec- tions of the article regulating hackney coaches, and the drivers thereof, shall apply, in every respect, to all accom- modation stages, or coaches, or stage coaches, which shall or may be licensed, by virtue of the provisions of this article, and to the drivers thereof. • § 29. All licenses granted under the provisions of this article, except daily licenses, shall expire on the first Monday of June, next after the date thereof. § 30. Every license granted under the provisions of this article shall state the number of the hackney coach or cab, sleigh, accommodation coach, or stage coach, express wagon, 70 Code of Ordinances furniture van or piano-moving wagon, and a separate license shall be taken out for each. §31. Every person licensed as aforesaid may, without additional license, use or drive a sleigh instead of the licensed hackney coach, carriage, cab, or accommodation stage, or other vehicle. All provisions of this article, except as herein- before provided, shall apply to such sleigh. § 32. The words “hackney coach, carriage or cab,” as used in this article, shall be construed to mean such vehicles as are used or driven to convey passengers for hire. § 33. Every person violating any of the provisions of this article shall pay a penalty of not less than five dollars nor more than twenty- five dollars for each offence. ARTICLE XIV. OF THE COMMISSIONER OF CHARITIES. Section 1. The Commissioner of Charities may grant such temporary relief to the poor as in his judgment may be proper. No such relief shall be granted to any person whose support shall not be a charge upon the city, under the pro- visions of law, and who shall not have obtained a settlement in the city as such settlement is defined in Section 40, of Chapter 46, of the Laws of 1909, otherwise known as the “Poor Law,” nor shall any such relief be granted to any such persons as are able but refuse to earn their own support. Such relief shall not be granted in money, but in only the following articles, viz.: Shoes, clothing, coal, wood, pro- visions, and medicines when ordered by a district physician, except that in case of sickness, the Commissioner may grant physician. Such relief shall be granted by written orders on tradesmen, specifying the person to be aided and his or her residence, the articles to be delivered, and the limit of the Code of Ordinances. 71 amount to be furnished. Such orders shall be numbered consecutively. No relief shall be granted in any other man- ner, nor shall the aggregate amount of relief granted to the poor exceed the amount appropriated therefor in the annual budget. § 2. Such tradesmen shall make their claims for the articles furnished as aforesaid, against the Commissioner of Charities, verify the same, and annex thereto the said orders, upon which shall be made an itemized account of the articles furnished. § 3. The Commissioner of Charities shall keep a record, properly indexed, of the name, condition and necessities of all persons who apply to him for relief. He shall issue relief orders, only from relief order books, with appropriate stubs, upon which he shall write the date of issue, the name of the tradesman, and of the person relieved, and the amount of relief granted. He shall keep a record of all persons sent by him to the County Poor House, or other institutions. All such books shall be the property of the city. § 4. The Commissioner of Charities is hereby charged with the performance of every duty charged upon Overseers of the Poor of towns. All prosecutions and actions ordered by him or commenced against him shall be conducted in his behalf by the Corporation Counsel. § 5. The Commissioner of Charities shall not be inter- ested, directly or indirectly, in any supplies, goods or relief to be furnished to the poor, on his order ; nor shall he receive any money, goods, percentages or gratuity whatever from any person furnishing on his order any article for the relief of the poor; nor shall any person pay any such money or other thing to such Commissioner of Charities. § 6. Any person violating any of the provisions of this article shall pay a penalty of twenty-five dollars for each offense, and the Commissioner of Charities shall, besides such penalty, be liable to be suspended and removed from office. 72 Code of Ordinances. ARTICLE XV THE INSPECTION OF STEAM BOILERS AND EN- GINEERS, AND LICENSING ENGINEERS AND FIREMEN. Section 1 . The use of steam boilers, except as authorized by this article, is hereby prohibited, and no person shall use, or permit any other person to use, a steam boiler until the same shall have been duly inspected, and the use thereof permitted and licensed, as in this article provided. § 2. No person shall operate, manage or run a steam engine or boiler, except such persons as shall have been ex- amined and licensed so to do under the provisions of this article. Said applicant must not be less than twenty-one years of age, of sober habits, and a citizen of the United States. § 3. There shall be an Inspector of Engineers and Fire- men and of Steam Boilers, and two Examiners of Engineers and Firemen, who shall be nominated, and with the consent of the Common Council, appointed by the Mayor. The said Inspector shall be a practical machinist and engineer of at least five years’ practice and experience, and fully acquainted with the applied philosophy of steam. The said Examiners shall each be practical engineers not having charge of any engine or boiler in the city. The term of office of said In- spector and Examiners shall begin upon the first day of January. They shall severally hold their office one year, and until their successors are appointed and shall have qualified. The penalty of the bond required from said In- spector shall be two hundred and fifty dollars ($250.00) . § 4. The said Inspector shall be a resident of the city and the title of his office shall be: “ The Inspector of Engi- neers and Firemen and of Steam Boilers of the City of Yonkers,” and the title of the office of said Examiners shall be: “ Examiners of Engineers and Firemen of the City of Yonkers.” The said inspector and examiners shall receive no pay or compensation other than that allowed by the Code of Ordinances. 73 Board of Estimate and Apportionment. The said Inspector and Examiners shall constitute a Board of Examiners for the examination of all applicants for examination and license as engineers and firemen under the provisions of this article, and the said Inspector shall keep a record of all the pro- ceedings of such Board. The said Inspector shall keep a record of all engineers examined by such Board of Examiners, specifying in all cases the name of the person examined, the date of examination and the particulars of the examination, and the date of any license granted on such examination, and of all renewals thereof, and of any other matter with reference to such examination and license and to the person licensed which he shall think proper for the protection of the public. He shall also keep a record of all boilers inspected, the manner and time of the inspection, the owners’ names and the place of inspection, a description of such boilers and of the attachments and appliances thereof, the date and par- ticulars of any license granted for any such boiler, and of any changes authorized to be made in any such boiler or its appliances, and the steam pressure desired by the owner and the amount of steam pressure authorized. He shall keep an accurate account of all fees by him received. He shall make monthly reports to the Mayor and City Comptroller showing the names of persons licensed as engineers and the number of their licenses respectively; of the boilers inspected, and the names of the owners and location of the boilers, the numbers of the licenses and boilers, respectively; the fees received and from whom received, and the reason why not licensed when a license shall have been refused. Said In- spector at the expiration of his term of office, or when suspended from office, shall deliver to the City Clerk all records, books, papers and other property belonging to the city. § 5 . The said Inspector shall annually inspect all steam boilers set up, used or to be used in said city, and all appli- ances connected therewith, and test the same. He shall do so at such times as shall interfere as little as possible with the business connected with the use of steam generated in such boilers. He shall give reasonable notice of the day and hour 74 Code of Ordinances. of day when he will make such inspection and test, by notice in writing to be delivered to any person found in charge of any such boiler. The strength and security of such boiler shall be tested by hydrostatic pressure and he shall limit the pressure of steam to be applied to or upon such boilers re- spectively. In limiting the amount of pressure, whenever the boiler under test will bear the same, the limit desired by the owner shall be allowed and licensed by the Inspector. § 6. In case any steam boiler or the appliances or ap- paratus connected therewith shall be found by said In- spector, after inspection and license, to be insecure or dan- gerous, he shall prescribe in writing to the owner such changes and alterations as may render such boilers, apparatus and appliances secure and devoid of danger, and in the mean- while, and until such changes and alterations are made, and such appliances attached, such boiler, apparatus and appli- ances may be taken under his control, and all persons are prohibited from using the same except under such conditions and restrictions as the said Inspector may prescribe in writing, § 7 . The hydrostatic pressure applied by such inspector in testing any steam boiler shall in no case exceed the limit of elasticity of the iron of which made. When the elasticity of the iron of which the boiler is made shall have been ascer- tained such shall be the assumed strength of the iron. When not so ascertained and known the limit of elasticity assumed shall not exceed 9,220 pounds of pressure per square inch of a section when double riveted by machine, or 8,925 pounds per square inch when double riveted by hand, and 8,180 pounds per square inch when single riveted. § 8. No person shall subject or permit any other person to subject any boiler to a higher steam pressure than that specified for its use in the license to be issued, which shall in no case exceed seventy-five per cent, of the hydrostatic pres- sure applied on the inspection. § 9. No steam boiler shall be used which shall not have a safety valve or valves of sufficient area to carry off the steam as fast as generated. No boiler shall be used which shall not have sufficient and appropriate appliances for sup- Code of Ordinances. 75 plying it with water. No boiler shall be used without three or more gauge cocks, also a glass water gauge, all properly affixed in the proper places and in good working order. And all boilers shall have their record number securely and per- manently fixed upon same, with metal figures not less than two inches in height, said number shall be placed there by owner of boiler and shall not be removed under penalty as hereinafter provided. No person shall use or permit to be used, any steam boiler in this city not so provided, and no person shall load, lock or hamper the safety valve of any boiler so that steam applied to the limit of pressure will not freely escape therefrom. The said Inspector is hereby au- thorized and empowered, after having inspected and tested as in this article provided, any steam boiler, to issue to the owner of such boiler a license under his hand, licensing and permitting the use of such boiler, which shall, after such in- spection and test, have been found by him to be safe for use. Such license shall, as near as may be, describe the boiler inspected, tested and licensed, the name of the owner, the date when inspected and tested, the number of pounds per square inch to which subjected, the number of pounds per square inch permitted and authorized, the time during which such boiler may be used under such license, not exceeding one year, and the day when such license shall expire; such license shall also particularly show how, and in what manner provided as to all the particulars required in this article. All such licenses shall be numbered consecutively. Such licenses shall in all cases be conspicuously displayed at all times in the engine or boiler room. § 10. No such license shall be used for any other boiler than the one for which it was issued. § 11. No boiler shall be removed after any such inspec- tion or test without previous notification to said Inspector of the intention so to do, and without obtaining his written permission, or reset without a further inspection and test. A violation of the provisions of this section shall work the revocation of the license. § 12. No person shall without a license, to be issued by 76 Code of Ordinances. said Inspector, as in this article provided, operate, manage or run, any steam engine or boiler, within this city and then only while such license shall be in force and for the plant issued; provided, however, that in case the licensees should desire to remove the operation, management or running of any steam engine or boiler to a plant other than that for which his license shall have been originally issued, said In- spector shall upon examination and ascertainment that said license is applicable to said other plant, issue a transfer thereto to said licensee. § 13. No person having charge or control of any steam engine or boiler, either as owner, superintendent or employer, shall employ, engage, authorize or permit any person to operate, manage or run any steam engine or boiler except a person having a license to be issued as in this article provided and only while such license is in force. § 14. A. Licenses for first class shall be required for all plants of over 200 horse power. No person shall be granted a first class license until he has furnished the Board of Ex- aminers with satisfactory proof that he has had at least five years’ practical experience. B . Licenses for second class shall be limited to plants of 200 horse power or to any one acting as assistant to an en- gineer holding a first class license. No person shall be granted a second class license until he has furnished the Board of Examiners with satisfactory proof that he has had at least three years’ practical experience. C. Licenses for third class shall be limited to plants of not over 40 horse power, portable steam engines, hoisting en- gines, or road rollers, or to man acting as assistant to an engineer holding a license of the second class. No person shall be granted a third class license until he has furnished the Board of Examiners with satisfactory proof that he has had at least two years’ practical experience. D. For the purpose of this ordinance, boiler H. P. shall be computed on a basis of 12 square feet of heating surface, per H. P. § 15. It shall be the duty of the aforesaid Board of Code of Ordinances. 77 Examiners to examine all persons proposing to operate, man- age or run steam engines or boilers, and to certify the quali- fications of such as they find competent, and to license such persons to operate, manage and run steam engines or boilers either as first or second or third class engineers or firemen as in Section 16 hereof provided. Persons desiring such ex- amination shall apply to said Inspector in writing, specifying in full their names, place of residence, by street number, if possible, their present employment, the length of time of their employment as engineers or firemen, the places where employed for one year last past and by whom employed and the names and addresses of at least three residents of the City of Yonkers acquainted with their habits of sobriety. Every application must be made to said Board with a written request from the employer of the applicant for such exam- ination. Such examination shall be held Friday evenings of each week at 8 o’clock and oftener if required. § 16. Every person examined for certificate and license as an engineer or fireman shall be examined by said Board of Examiners as to his knowledge of the mechanism of steam machinery and the construction thereof, his mechanical skill, general knowledge and experience and his habits of sobriety. There shall be four classes of licenses; one to first-class en- gineers, one to second-class engineers, and one to third-class engineers and one to firemen. To all such persons as shall satisfactorily show, by such examinations, their qualifications and competency to manage operate and run a steam engine or boiler, without hazard to life and property, the said Board is hereby authorized and required forthwith to issue a license, which shall be signed by said Inspector and countersigned by said Examiners. Such license shall specify the class in which the person to whom it is issued is granted either as first or as a second-class, or third-class engineer. License to a fireman shall only authorize the person to whom it is issued to have charge of a steam boiler when not connected with any engine, or when the engine connected therewith shall not be running or in operation. All such licenses shall be for one year from the date thereof. Such licenses may be renewed by said Board of Examiners for a like period. No 78 Code of Ordinances. such license shall be issued or renewed to any person if it appears to said Board of Examiners that such person lacks natural capacity, mechanical skill, knowledge or experience, or is unfitted by habits of insobriety, to perform his duties with safety to life and property; and for like reasons a re- newal of any license must be refused when such Board shall so determine, and upon satisfactory information to said Board of Examiners of any such deficiency, said Board may revoke any such license granted. § 17. Any person feeling himself aggrieved by any de- cision, order or ruling of said Board of Examiners may appeal therefrom to the Mayor of the City of Yonkers, by filing with the City Clerk a notice in writing of such appeal, and paying to the City Clerk the sum of ten dollars. Such notice shall specify the decision, order or ruling appealed from and the reason why the same is claimed to be wrong or erroneous. The City Clerk shall forthwith notify the Mayor of such ap- peal who shall instruct the Inspector and Board of Exam- iners to name two (2) operating engineers of the city, and said appellant likewise to name two (2) operating engineers of the city, who shall select a fifth engineer, likewise a resi- dent of the city. These five (5) engineers shall constitute a jury to decide whether the appellant is entitled to a license for the plant for which he has asked for an examination and the decision of a majority of said jury shall be conclusive. In case any such order, decision or ruling of said Board of Examiners is wholly reversed by said jury, the money paid by such appellant to the Clerk shall be returned to the appellant. § 18. When any steam boiler shall have been inspected and insured by any insurance company organized and author- ized by law to insure steam boilers, and a certificate of inspection and insurance thereof shall have been issued and delivered by such company to the owners thereof, such cer- tificate of inspection and of insurance shall by the owner of such boiler be presented to the said Inspector of Engineers and Firemen and of Steam Boilers, at or before the time fixed by the said Inspector for the inspection and testing of said boiler, and in the notice prescribed in Section 5 of this Ar- Code of Ordinances. 79 tide, shall state the fact that he has such certificate of in- spection and insurance, and if the said Inspector of Engineers and Firemen and Steam Boilers shall approve of such cer- tificate, and of the company issuing the same, and of the manner of the inspection and the results thereof, as stated therein, he shall write upon the face of the certificate the word “ approved,” and sign and date the same, and he may thereupon issue a license for such boiler, without actual in- spection and testing, stating in such license the matters above required to be stated in such license, obtaining his information of such matters from such certificate where such certificate shall state such facts, and he shall in such license state the fact of such boilers not having been actually in- spected and tested by him because of such certificate of in- spection and insurance. When such certificate of inspection and insurance does not state all the matters necessary to be stated in such license, he shall obtain such facts from actual examination or inspection or testing as the case may be. § 19. Any person violating any provision of the fore- going sections 1 and 10 of this article shall forfeit and pay a penalty of one hundred dollars ($100.00) for each and every such violation, and when the violation shall be con- tinued from day to day a further penalty of one hundred dollars ($100 00) for each and every day such violation shall be continued. § 20. Any person violating any of the provisions of the foregoing sections, 6, 8, and 9 of this article shall forfeit and pay a penalty of fifty dollars ($50.00) for each and every such violation, and when the violation shall be continued from day to day, a further penalty of fifty dollars ($50.00) for each and every day such violation shall be continued. §21. Any person violating any of the provisions of the foregoing sections 2, 12 and 13 of this article shall forfeit and pay a penalty of twenty-five dollars ($25.00) for each and every violation, and when the violation shall be con- tinued from day to day a further penalty of twenty-five dollars ($25.00) for each and every day such violation shall be continued. 80 Code of Ordinances. § 22. The Inspector of Engineers and Steam Boilers shall collect and receive the following fees: 1. For the examination of a steam engineer or fireman the sum of two dollars ($2.00) , to include the fee for license to be granted when the person shall be found qualified, and for every transfer or renewal of such license the sum of fifty (50) cents. 2. For inspecting and testing a single steam boiler, five dollars ($5.00) , and when two or more steam boilers are connected and are inspected and tested at the same time the sum of three dollars ($3.00) for each boiler after the first. When the inspection of such additional steam boilers may not be made at the same time with the first boiler five dollars for such additional boiler. The foregoing to include the fee for the license to be issued to authorize the use of such boiler. 3. For inspecting a certificate of inspection and insur- ance of a steam boiler issued by an insurance company and issuing a license for such boiler, one dollar ($1.00). 4. The said Inspector shall pay over to the City Treas- urer all such fees. § 23. This article shall not apply to railroad locomo- tives used as such, nor to automobiles propelled by steam nor to boilers actually used for propelling steam vessels navi- gating the Hudson River when the same shall have been in- spected and licensed by the laws of the United States or in pursuance thereof. Nor shall this article apply to steam boilers solely used for heating purposes, carrying less than 15 pounds steam, nor to persons operating the same. § 24. In addition to the penalty heretofore prescribed any person violating any provision of this article shall be deemed guilty of a misdemeanor, and subject to a fine of not more than fifty dollars ($50.00) or imprisonment of not more than six months or by both such fine and imprisonment in the discretion of the court. Code of Ordinances. 81 ARTICLE XVI. COVERING THE MANUFACTURE, TRANSPORTATION, SALE, STORAGE AND USE OF FIREWORKS. TITLE I. Section 1. For the purpose of these regulations the following substances and articles are understood to be meant by the terms fireworks: Any substance or composition of substances prepared for the purpose of obtaining a visible or audible pyrotechnic effect by combustion, explosion, or detonation ; any fireworks composition or signal composition preparation manufactured for use or used in obtaining visible or audible pyrotechnic effects by combustion, deflagration, or detonation. Fire- works or signals are meant to include any combustible or explosive compound which is combined with a case, con- tainer, or holder for the purpose of obtaining a visible or audible pyrotechnic effect by combustion, deflagration, or detonation. § 2. No person, firm or corporation, except as herein elsewhere specified and after procuring a license therefor, as herein provided, shall, within the corporate limits of the City of Yonkers, manufacture any fireworks composition, signal composition, fireworks or signal composition, fireworks or signals. § 3. Licenses and permits for the manufacture of fire- works will be issued only after a survey made upon written application to the Commissioner of Public Safety. Said ap- plication shall be in duplicate ; shall include a plan, in dupli- cate, of the proposed manufactory, drawn to a scale of an eighth of an inch to the foot, showing the several buildings, and having those buildings which will contain explosive sub- stances and are dangerous marked “ dangerous; ” shall de- scribe the premises where the manufacture is to be carried on; state the distance from adjoining buildings, streets, and public places ; state the nature and use of adjoining buildings ; 82 Code of Ordinances. specify place and manner of keeping raw material; state manner and place of storage of the finished product, together with the quantities of explosives or highly combustible sub- stances; and shall give such other information as may be called for. The Commissioner of Public Safety shall have a survey made of such premises, and if the product of the manu- facture is allowed by law to be sold or used, and if said manu- facture and storage can be carried on under the conditions of said application, or can be amended so as, in the opinion of the Commissioner of Public Safety, not unduly to endanger the public safety, a license and permit may be issued. § 4. No permit shall be issued to fireworks manufac- turers for the manufacture of nitro-glycerine, guncotton, gun- powder, blasting powder, high explosives or small arms ammunition. Upon any deviation from the conditions of the application or from the terms of the permit, the Com- missioner of Public Safety may revoke the license or permit. § 5. No permit will be granted for the manufacture of fireworks or other explosive or combustible compositions or articles except upon premises where the following conditions as to safety limits can be met. § 6. All places where the manufacture of fireworks is carried on must have at least three (3) fire-hydrants, placed in different parts of the yard or premises, with sufficient hose attached at all times to reach any part of the buildings where the manufacture or storage is carried on; there shall be within fifty (50) feet of each building at least twenty gal- lons of water in buckets fit and ready for use. § 7. In the fabrication of fireworks the following dis- tances from buildings not controlled by the licenses shall be observed: In case of storage of an amount not in excess of twenty-five (25) pounds of powder or other explosive ma- terial, one hundred (100) feet; exceeding twenty-five pounds and not more than one hundred pounds of powder or other explosive materials, three hundred (300) feet; over one hun- dred (100) pounds and not exceeding five hundred (500) pounds, seven hundred (700) feet; over five hundred (500) pounds and not exceeding fifteen hundred (1,500) pounds , Code of Ordinances. 83 one thousand (1,000) feet; and in no event shall permit for storage in excess of fifteen hundred (1,500) pounds be issued. But this provision shall not apply to finished or partly fin- ished fireworks in storehouses. § 8. Previous to the issue of licenses as herein pre- scribed, applicants shall furnish and file with the City Clerk a bond in the penal sum of five thousand dollars ($5,000.00), approved as to sufficiency by the Commissioner of Public Safety, and as to form by the Corporation Counsel, condi- tioned for the payment to the City of Yonkers, or to any person entitled thereto, of any loss, damage or injury re- sulting to persons or property by reason of the manufacture of such fireworks. Nothing herein contained shall impair or otherwise affect any existing contract or arrangement be- tween the manufacturers or vendors of fireworks in regard to the liability of such manufacturers or vendors and their employees, as to the liability as between such employers and employees, nor shall this provision prohibit such em- ployers and employees from 'entering into such contract or arrangement as to liability between themselves as they may have made or may hereafter make one with the other. § 9. The manufacture of railroad, ship, or signal lights and rockets shall be governed by the same rules and laws governing the manufacture of fireworks. § 10. A competent watchman must be on guard at all times, excepting when the works are in active operation. § 11. All factories must be supplied with some means of communication with the Fire Department, such as tele- phones or alarm boxes, so that instant notice may be given in cases of fire. § 12. The manufacture of the following goods is pro- hibited in the city: Colored or tableau fire, containing sulphur and chlorate of potash in admixture. Railroad track torpedoes. Photographers’ flashlight. Picrate of potash. 84 Code of Ordinances. Fireworks whistles. Explosive marbles. Firecrackers made of any other mixture than black powder composed of sulphur, saltpetre and charcoal com- position. Torpedoes larger than three-quarters of an inch in diameter. § 13. The packing or storage of torpedoes in paper or cardboard shipping packages is prohibited; nor will manu- facturers be permitted to store packages or cases containing more than 1,000 pieces of toy torpedoes, except what is known to the trade as “ penny ” or smallest size torpedoes. § 14. Roman candles must be packed with the stems all pointing in one direction, and the label must be affixed to packages on the end opposite the stems. § 15. The manufacture of any composition that is used for detonating purposes, primers, or electric fuses, or any composition that is used to obtain effect by combustion, ex- plosion or detonation, in cannon machines or rapid fire guns, in military or naval guns, shells torpedoes or war-rockets, is prohibited. , § 16. No license for the manufacture of fireworks within the city shall be issued unless said fabrication is to be carried on in the charge of a practical pyrotechnist of at least ten years’ experience as manager or superintendent or work- man in a fireworks factory in this country, and holding a Certificate of Fitness issued by the Commissioner of Public Safety. The said manager or practical pyrotechnist must pass an examination before the Commissioner, as to his fitness to conduct properly a factory of this character, and upon receiving said certificate, and not until then, he can conduct a place where the manufacture of fireworks is carried on. § 17. The Commissioner of Public Safety may, in his discretion, withdraw or suspend the Certificate of Fitness issued to a manager or superintendent, for violation of these regulations, or carelessness in conducting the operations under his charge. Code of Ordinances. 85 § 18. The license fee for the manufacture of fireworks shall be one hundred dollars ($100.00) per annum. The license fee for the manufacture of paper caps and toy tor- pedoes shall be twenty dollars ($20.00) per annum; and the license fee for the manufacture of signals shall be twenty dollars ($20.00) per annum. TITLE II. STORAGE AND SALE OF FIREWORKS AT WHOLE- SALE. Section 1. No person, firm or corporation, except as hereinafter specified, and after procuring a license and permit therefor, as herein provided, shall, within the corporate limits of the city, store or keep any fireworks or compounds containing an explosive mixture or any composition that is manufactured for use or is used as a combustible, explosive or detonating composition. § 2. Previous to the issue of licenses for sale of fire- works at wholesale and transportation of same through the city, applicants shall furnish and file with the Commissioner of Public Safety a bond, approved as to sufficiency by him, and as to form by the Corporation Counsel, in the penal sum of five thousand dollars ($5,000.00), conditioned for the pay- ment to the City of Yonkers, or to any person entitled thereto, of any loss, damage or injury resulting to persons or property by reason of the storing or handling of such fire- works. Manufacturers of fireworks and pyrotechnists, who have filed bonds under the provision of Section 8, Title I., of these regulations, shall not be required to file an additional bond under the provisions of this section. § 3. Permits will be issued after a survey made upon written application to the Commissioner of Public Safety. Applications shall describe the premises where the storage and sale is to be carried on. 86 Code of Ordinances. § 4. No permit for wholesaling will be granted where any part of the premises is occupied for dwelling purposes. §5. No wholesale permits will be granted for the stor- age or sale of fireworks at any building or premises where any of the following kinds of business is carried on: (a) Where cigars or cigarettes are kept for sale. (b) Where paints, oils or varnishes are manufactured or kept for use or sale. (c) Where dry goods of any kind, or other light materials of a combustible nature, excepting flags, paper lanterns, paper balloons or decorations are kept for sale. (d) In carpenter shops or drug stores ; in buildings where hemp, oil or other product of petroleum is sold; or in any building where gunpowder, blasting powder or other explo- sives are sold. (e) Where matches, rosin, turpentine, hemp or cotton are stored or kept for sale. § 6. No permit will be issued for sales at wholesale in any frame or wooden buildings in the city, except as pro- vided in Section 7 of this Title. § 7. Permits may be issued at the discretion of the Commissioner of Public Safety for frame or wooden build- ings wherever the erection of frame buildings is permitted by law. § 8. All parties to whom permits are issued shall place and keep in convenient parts of the premises at least thirty- two gallons of water in buckets fit and ready for use in case of fire. § 9. All premises for which such permits are issued must be lighted by gas or electricity, and all lights must be protected with glass or wire globes or screens. § 10. The person or persons to whom such permit or permits are issued must sign an agreement that they will not permit smoking, nor use for illuminating purposes any- thing other than gas or electricity, nor expose for sale any fireworks outside the stores of such buildings or in any door or window. Code of Ordinances. 87 §11. During that portion of the year from July 10th to June 10th following, all fireworks, except fire and cannon crackers, torpedoes and paper caps, shall be kept in such place or places as may be designated by the Commissioner of Public Safety. Fireworks, not including the articles above excepted, packed and ready for shipment in original un- broken packages, to the value of one thousand dollars ($1,000.00), may, when special permit is granted, be stored in such places in the building as designated by said Com- missioner. § 12. The storage in a portion of the premises approved by the Commissioner of Public Safety of not to exceed five hundred (500) boxes each size and kind of fire and cannon crackers containing sulphur, saltpetre and charcoal, (ex- cepting small Chinese firecrackers of which 3,000 boxes shall be permitted), five hundred (500) cases each size and kind of toy torpedoes, and two hundred (200) cases each size and kind of toy paper caps, is permitted. § 13. From June 10th to July 10th in each year, in addition to the foregoing, five hundred dollars’ ($500.00) worth of fireworks, not including the articles above excepted, may be kept in such portion of the building as may be ap- proved by the Commissioner. § 14. An annual fee of twenty dollars ($20.00) will be charged for each wholesale permit. § 15. Every licensed manufacturer and wholesale dealer in fireworks, in signals, in paper caps or in torpedoes, whose place of business is located without the city, shall render to the Commissioner of Public Safety each week, a statement, verified as to its correctness by an affidavit covering the sales and deliveries of fireworks, signals, paper caps, and torpedoes for the preceding week within the city. Every manufacturer of caps and torpedoes within the city shall render to the Commissioner of Public Safety each week a statement verified by an affidavit as to its correct- ness, covering the sales and delivery of paper caps and tor - pedoes for the preceding week within the city. 88 Code of Ordinances; Such report shall be in detail as follows: (a) Date of delivery. (b) Name of buyer. (c) Where delivered. (d) Quantity and kind of goods delivered. § 16. The sale and storage of the following goods is prohibited. Firecrackers containing chlorate of potash; fireworks containing picrates ; tableau fire containing chlorate of potash and sulphur combined; tablets of compositions containing chlorate of potash; bombardments made of chlorate mix- tures; and American mandarins. § 17. All fireworks in the city must have on each package the name or brand of a licensee. § 18. No fireworks or firecrackers, torpedoes, paper caps, or goods of an explosive or combustible nature can be sold or stored without the official label or stamp required by Section 17 of this Title. This does not apply to imported Chinese firecrackers. § 19. Smoking must not be permitted in any premises where fireworks are sold. § 20. From the 10th of June to the 10th of July, in- clusive, in every year, during the whole of business hours, a competent person must be kept in front of buildings where permits have been issued to store fireworks to the aggregate value of two hundred dollars ($200.00) or more, his duty to be to prevent persons entering such premises with lighted cigars, cigarettes or pipes, and to take such other precautions against fire as may be necessary. § 21. Applications for wholesale permits must be filed with the Commissioner of Public Safety, prior to April 10th of each year. Code of Ordinances. 89 TITLE III. STORAGE OF FIREWORKS IN BONDED AND FREE WAREHOUSES. Section 1. All persons doing a general storage and warehouse business within the corporate limits of the city, before they can accept firecrackers on storage, must secure a permit from the Commissioner of Public Safety, who, after a survey, will issue same if, in his opinion, the public safety is not endangered. The fee for said permit shall be twenty dollars ($20.00) per annum. § 2. The storage of chlorate of potash crackers or any firecrackers made from any composition other than sulphur, saltpetre and charcoal mixture, is prohibited. TITLE IV. STORAGE AND SALE OF FIREWORKS AT RETAIL. Section 1. Application for permits for sale of fireworks at retail must be made in writing to the Commissioner of Public Safety prior to the 20th day of May in each year. Applications must be made on blanks furnished by the Commissioner of Public Safety, and must give the following information : (a) Name of person or persons by whom the permit is desired. (b) The location of premises at which goods are to be kept and sold. (c) Kind of building. (d) Nature of business in which applicant is engaged in said premises. (e) Quantity and description of fireworks. § 2. No retail permits will be granted for the sale or 90 Code of Ordinances. keeping of fireworks, other than approved firecrackers, in any building or premises: (a) Where cigars or cigarettes are kept for sale. (b) Where paints, oils or varnishes are manufactured or kept for use or sale. (c) Where dry goods of any kind, or other light material of a combustible nature, excepting flags, paper lanterns, paper balloons or decorations are kept for sale. (d) In carpenter shops or drug stores, in buildings where kerosene or other product of petroleum is licensed to be sold, or any building in which gunpowder, blasting powder, gun- cotton, nitro-glycerine, petroleum, or any of its products, coal oil, camphene, burning fluid, or other products or com- pounds containing any of the said substances are kept or sold; where matches or cartridges (unless such cartridges are kept in a fireproof safe or vault) are kept or sold. (e) Any building or place where tar, pitch, rosin, tur- pentine, hay, cotton or hemp is manufactured, stored or kept for sale. § 3. No permit will be issued for sale of fireworks at retail in frame or wooden buildings in those parts of the city where the erection of frame or wooden buildings is prohib- ited by law, except such buildings now erected within the present fire limits of said city. But permits may be issued at the discretion of the Commissioner of Public Safety, for isolated frame or wooden buildings in those parts of the city in which the erection of same is permitted by law. § 4. All parties to whom permits are issued shall place and keep in a convenient part of the premises where fire- works are kept for sale, at least six pails of water, to be used in case of fire, and to be kept filled and ready for use at all times. § 5. All premises for which said permits are issued must be lighted by gas or electricity, and all lights must be protected with glass or wire globes or screens. § 6. The person or persons to whom a retail permit is issued must sign an agreement to use only safety matches Code of Ordinances. 91 on the premises, and not to permit smoking nor the use of any agency for illuminating purposes except gas or electricity upon or about the premises where such sales are permitted, nor to expose any of said fireworks for sale outside the walls of said building, nor in any door or window, and that any violation of such agreement or of these regulations shall subject the holder of said permit to the forfeiture of the same, at the option of the Commissioner of Public Safety. § 7. The entire amount of said fireworks that may be kept on hand in any building pursuant to any retail permit issued shall not be in excess of the aggregate market value of five hundred ($500.00) dollars. § 8. The fee for a retail permit as hereby provided shall be five dollars ($5.00). § 9. The sale, disposal and possession of the following kinds of fireworks and explosives and devices for exploding the same, is prohibited, viz: Firecrackers and cannon crackers, made of other mix- ture than black powder, composed of sulphur, saltpetre and charcoal composition, and longer than three (3) inches, or larger in diameter than one-half (K) inch, fireworks containing picric acid or picrates, colored fire containing sulphur and chlorate of potash in admixture, bombardments or man- darins made of chlorate of potash mixtures, canes with chlorate mixtures or cartridge exploders, blank cartridges and all devices other than firearms for exploding the same, percussion caps, toy pistols, salutes and bombs containing chlorate of potash and sulphur, all salutes and bombs of any description larger than three and one-quarter inches in diameter, torpedoes larger than three-quarters of an inch in diameter, and fireworks technically known as flying pigeons, whirlwinds, flying devils, wheat sheaves, and gatling bat- teries. § 10. All fireworks sold at retail in the city must have the name or brand of a licensee on each package. § 11. No fireworks can be carried through the public streets in vehicles without being securely boxed. 92 Code of Ordinances. § 12. The sale of blank cartridge toy pistols is strictly prohibited. § 13. No torpedoes larger than three-quarters of an inch in diameter will be permitted to be sold or stored. § 14. Torpedoes must be packed with sawdust in paper cartons and these in wooden cases. No paper packages or strawboard boxes will be permitted for the container or de- livery package. TITLE V. USE OF FIREWORKS. i Section 1. Except on Independence Day, or the day celebrated as such, and during the twelve hours preceding and the six hours following, the use or discharge of fireworks or firecrackers in the city, without a license or permit from the Commissioner of Public Safety, is prohibited. No license or permit shall be issued for the discharge of fireworks within the city (except colored fire not containing chlorate or potash or sulphur) until the person, firm or corporation desiring to secure said license shall have made a written application for same and deposited with the Commissioner of Public Safety a bond in the penal sum of five thousand dollars ($5,000.00) approved as to sufficiency by the Commissioner of Public Safety and as to form by the Corporation Counsel, and con- ditioned for the payment to the City of Yonkers, or to any person entitled thereto, of any loss, damage or injury re- sulting to persons or property by reason of the discharge or use of said fireworks, and for the strict observance of these regulations. § 2. No permit shall be issued for the firing of rockets at any point in the city within one hundred (100) yards of a building not controlled by the person holding the permit. § 3. No contrivance, frame or box for firing Roman candles and no mortar shall be placed under any elevated structure or under any overhead wires, or in any place Code of Ordinances. 93 where an elevated structure or any overhead wires would be in line of fire. § 4. No bombs, salutes or rockets shall be fired in the city, except by employees of a duly licensed manufacturer or pyrotechnist. Said employees must be in possession of Cer- tificates of Fitness from the Commissioner of Public Safety, who will issue the same upon the payment of a fee of two dollars ($2.00), after an examination for the purpose of de- termining whether said employee does or does not possess the requisite experience and qualifications as a practical pyrotechnist. The Commissioner may revoke said permit at any time, when, in his judgment, it is in the interest of the public welfare. § 5. Permits shall be issued in duplicate, one of which shall be filed, by the licensee, with the captain of the police precinct within which the display of fireworks is to be given, and shall be evidence of the right of the person named in the permit to give said exhibition. The permit issued shall include the name of the licensee, the names of employees to have charge of said display, together with the consecutive number of their Certificates of Fitness, the place and time of the display, and, generally the quantity and kind of fire- works to be discharged, and the distance to be preserved between the point or place of discharge on the one hand, and the bystanders on the other, and the danger area to be preserved, which shall be sufficient. By danger area is meant in this case a safe distance from buildings and from numbers* of human beings whose bodily safety might be en- dangered by the combustion or accidental discharge of the pyrotechnics. The licensee must stipulate in his application the names of the persons who are actually to discharge the fireworks. § 6. The use of what are technically known as fireworks showers, or the use of any mixture containing chlorate of potash and sulphur in theatres or public halls of entertain- ment, is prohibited. § 7. On Independence Day, or the day which may be celebrated therefor, fireworks, explosives and devices for 94 Code of Ordinances. exploding the same, excepting such as are by the terms of this section prohibited, may be discharged and used without a permit, provided, however, that for all displays of fire- works a permit must be obtained from the Commissioner of Public Safety, which will not, however, authorize the dis- charge of any prohibited explosives or the use of any pro- hibited devices. The prohibited fireworks, explosives and devices are as follows : (a) Firecrackers and cannon crackers made of other mix- ture than black powder, composed of sulphur, saltpetre and charcoal composition, and longer than three (3) inches, or larger in diameter than one -half {%) inch. (b) Fireworks containing picric acid or picrates. (c) Colored fire containing sulphur and chlorate of potash. (d) Bombardments or mandarins made of chlorate of potash mixtures. (e) Blank cartridges and all toy pistols and other de- vices for exploding the same. (f) Percussion caps and all toy pistols and other de- vices for exploding the same. (g) Guns, pistols, revolvers and cannon of every kind and size. (h) Salutes containing chlorate of potash and sulphur. (i) All bombs or report shells containing chlorate of potash and sulphur in admixture. (j) All bombs of any description larger than three and one-quarter inches in diameter, except in an enclosure pre- pared for a public display of fireworks, and then only under such conditions as the Commissioner may prescribe. (k) Torpedoes larger than three-quarters of an inch in diameter. (l) Fireworks technically known as flying pigeons, whirlwinds, flying devils, wheat sheaves, gatling battery, and the like. * (m) Canes with chlorate mixtures. Code of Ordinances. 95 § 8. The use of blank cartridge toy pistols is strictly prohibited. § 9. The discharge of cannon in the city, excepting by military organizations under proper authority is prohibited at all times. § 10. No metal mortars shall be used under any cir- cumstances, except in an enclosure prepared for a public display of fireworks, and then under such regulations as the Commissioner may prescribe. § 11. No stock of fireworks fit and prepared for a dis- play in the city shall be transported or used unless the quan- tity in each case has been made known to the Commissioner of Public Safety and a permit obtained therefor. § 12. Nothing in the foregoing regulations shall in any way interfere with the importation or storing in free or bonded warehouses, or shipping at any time, of Chinese or German firecrackers; or cannon crackers, provided that they are made of a composition containing only saltpetre, sulphur and charcoal. ARTICLE XVII. PRESCRIBING AND- FIXING THE GENERAL STAND- ARD REQUIREMENTS FOR STREET PAVING MATERIALS TO BE USED. Section 1. The standard requirements for materials to be used in paving, repaving, repairing, surfacing or resur- facing the streets and public places of the City of Yonkers, are hereby prescribed and fixed as follows: MACADAM STONE. § 2. All stone to be used in the top four inches of a macadam pavement shall be trap rock equal to the kind commercially known as “ Palisade trap.” The foundation 96 Code of Ordinances. course below the top four inches, whether it be broken stone or telford, as called for by the plans and specifications, may be sound and hard granite gneiss or trap rock. STONE BLOCKS. § 3. When granite blocks are used they shall be of granite equal to the best Maine granite paving blocks, sized as follows: length, not more than twelve (12), nor less than eight (8) inches; width, not more than five (5), nor less than three and one-half (3>£) inches; depth, not more than eight (8) nor less than seven (7) inches. When the block paving called for is for gutters and crosswalks only, the blocks may be of either trap or granite and may either be the sizes above specified, or they may be from six to eight inches square on top, and of the same depth VITRIFIED BRICK. § 4. Vitrified bricks or blocks must be specially burned for street paving, and of the best quality for the purpose; they must be hard and tough, straight and square in outline, as non-absorbent as possible; free from cracks, blisters or other defects. Only standard brick or block sizes, as may be called for by the plans and specifications, may be used. The following will be considered of standard quality: Selected Metropolitan block of first quality, selected James- town block of first quality, selected Mack brick or block of first quality. They shall absorb not more than two per cent, of their own weight of water, after being broken and dried in an oven, and then immersed in water for 48 hours. They shall not lose more than eighteen (18) per cent, of their weight in an abrasion test conducted in accordance with the rattler test for paving brick adopted by the Ameri- can Society of Municipal Improvements. They shall give a modulus of rupture of not less than Code of Ordinances. 97 2,000 when tested while being supported on knife edges six (6) inches apart, as determined by the following formula: 3 W L/2AD in which W equals center breaking weight in pounds, L equals distance between supports in inches, A equals area in square inches, D equals depth in inches. ASPHALT BLOCK PAVEMENT. § 5. The size of the blocks used shall be five (5) inches wide, three (3) inches deep and twelve (12) inches long. Variations either way of 1-8 of an inch in depth and width and 1-4 inch in length from these dimensions will be allowed. The blocks shall be composed of asphaltic cement, crushed trap rock and inorganic stone dust. The asphaltic cement shall be similar to that elsewhere described in these specifications. Whatever the character of the asphalt used the block shall yield when extracted with bisulphide of carbon and after the evaporation of the solvent, not less than five and three-quarters 5 $4 nor more than eight (8) per cent, of bituminous matter. The crushed trap rock shall all pass through a screen having circular holes % of an inch in diameter. The shape of the stones shall be as nearly cubical as possible and shall be graded from the maximum size to dust so as to give a mineral aggregate with a minimum percentage of voids. The inorganic stone dust shall be pulverized stone free from loam, clay or earthy material. No weathered rock or dust from weathered rock shall be used. Sufficient inorganic stone dust shall be used in the com- position of the block to give the density required. All of the trap rock used shall be the product of a roller crusher. The blocks when laid shall have a specific gravity of not less than 2.45, and after having been dried for twenty-four (24) hours at a temperature of 150 degrees Fahrenheit, they shall not absorb more than one per cent, of moisture when immersed in water for seven (7) days. 98 Code of Ordinances. The asphaltic cement shall be composed of refined asphalt and a liquid asphalt or other suitable flux. The refined asphalt and flux shall be mixed in such proportion as will produce an asphaltic cement of a consistency and quality as approved by the engineer. The refined asphalt shall be obtained by refining crude natural asphalt until the product is homogeneous and free from water. Asphalt obtained from the distillation of as- phaltic oils will not be accepted. It must not be affected by the action of the water; must contain not less than ninety (90) per cent, of bitumen soluble in carbon bisulphide, and of the bitumen thus soluble in carbon bisulphide not less than sixty-eight (68) per cent, shall be soluble in boiling Pennsylvania petroleum naphtha (boiling point from 40 to 60 centigrade); or if it does not contain sixty-eight (68) per cent, thus soluble in naphtha, but is satisfactory in other respects, the deficiency may be supplied by fluxing the re- fined asphalt, with such a percentage of viscous liquid asphalt, satisfactory to the engineer, as will bring it up to the re- quired standard. The refined asphalt, the asphaltic cement and the flux must each comply in all respects with the fol- lowing tests: Heavy petroleum oil, if used in the manufacture of the asphaltic cement as hereinafter described, shall be a petrol- eum from which the lighter oils have been removed by dis- tillation without cracking, until it has a specific gravity of 15 degrees to 22 degrees Beaume and the following properties: (a) Flash test not less than 300 degrees Fahrenheit. (The flash test shall be taken in a New York State closed oil tester.) (b) Fire test not less than 350 degrees Fahrenheit. (c) No appreciable amount of light oils or matter vola- tile under 250 degrees Fahrenheit. (d) Matter volatile at 350 degrees Fahrenheit in 24 hours, less than 8 per cent. (The test for “ matter volatile at 350 degrees Fahrenheit ” shall be made with approximately 50 grams of oil, in an open, flat -bottom, cylindrical dish, 2 y 2 inches in diameter, and If inches high. The thermometer shall be applied so as to register the temperature of the oil.) Code of Ordinances. 99 (e) It shall be free from coke and any manner or form of adulteration. SHEET ASPHALT PAVEMENT. § 6. The pavement proper shall consist of a binder course one (1) inch in thickness and a wearing surface two (2) inches thick and equal to the mixture hereinafter de- scribed. Before laying binder, the surface of the foundation shall be thoroughly swept and cleaned and all dirt and fine particles removed from the concrete. The binder shall be composed of clean broken trap or limestone, passing a one and a quarter (IX) inch screen, not more than ten (10) per cent, of which shall pass a No. 10 screen. The stone shall be heated in suitable appliances, not higher than 325 degrees Fahrenheit, and then thoroughly mixed by machinery with asphaltic cement equivalent in composition to that hereinafter set forth, at 300 degrees to 325 degrees Fahrenheit, in such proportion as shall be neces- sary to bind the mass solidly when rolled. The binder must be hauled to the work and spread while hot upon the foundation to such thickness that, after being immediately compacted by ramming and rolling until it is cold, its depth shall be at no place less than one (1) inch and its upper surface shall be parallel to the surface of the pave- ment to be laid. Upon this binder course must be laid the wearing surface or pavement proper. The pavement mixture for the wearing surface shall be composed of: (a) Asphaltic cement (refined asphalt, fluxed when necessary with heavy petroleum oil or liquid asphalt). (b) Clean, sharp sand. (c) Finely powdered inorganic dust. The term asphalt shall be construed to signify any natural mineral bitumen, liquid or solid, which is adhesive, viscous, ductile and elastic, or which becomes adhesive, viscous, ductile and elastic on the application of heat. Said 100 Code of Ordinances. natural bitumen may be either in a state of purity or in ad- mixture with native, non-bituminous matter. The word “ bitumen ” shall signify and shall be taken to mean “ any hydrocarbon or hydrocarbons soluble in carbon bisulphide.’ ’ The asphalt shall be specially refined for paving pur- poses. It shall be obtained by heating crude natural asphalt or crude California petroleum (or any other asphalt equally as good, approved by the Commissioner of Public Works), without the admixture of any other material, to a tempera- ture not exceeding 400 degrees Fahrenheit, until all the water and light oils have been driven off. Such crude and refined asphalt shall be in all respects satisfactory to the Commis- sioner. Not less than sixty-eight (68) per cent, of the refined asphalt shall be soluble in boiling Pennsylvania petroleum naphtha (boiling points, 40 degrees to 60 degrees centigrade). The refined asphalt shall not be softer than “ 50 ” penetra- tion at 7 7 degrees Fahrenheit, nor shall it require more than thirty (30) per cent, of flux (agreeing in all respects with the specifications for same described below) to produce an asphaltic cement of “ 50 ” penetration at 77 degrees Fahren- heit. Not more than three (3 ) per cent, of the refined asphalt shall be insoluble in carbon tetrachloride at air temperature. All penetration tests shall be made in accordance with standard methods. The refined asphalt, when mixed with sufficient quantity of the proposed flux (agreeing in all respects with the speci- fications for same described below) to produce an asphaltic cement of “ 50 ” penetration at 77 degrees Fahrenheit, shall have a “ ductility ” of at least 7 centimeters at 77 degrees Fahrenheit. The tests for “ ductility ” shall be made in ac- cordance with the specifications for same given in detail in the report of the “ Operations of the Engineer Department of the District of Columbia for the year 1904,” pages 41, 42 and 43. Heavy petroleum oil, if used in the manufacture of the asphaltic cement as hereinafter described, shall be a petrol- eum from which the lighter oils have been removed by dis- Code of Ordinances. 101 tillation without cracking, until it has a specific gravity of 15 degrees to 22 degrees Beaume and the following properties: (a) Flash test not less than 300 degrees Fahrenheit. (The flash test shall be taken in a New York State closed oil tester.) (b) Fire test not less than 350 degrees Fahrenheit. (c) No appreciable amount of light oils or matter vola- tile under 250 degrees Fahrenheit. (d) Matter volatile at 350 degrees Fahrenheit in 24 hours, less than 8 per cent. (The test for “ matter volatile at 350 degrees Fahrenheit ” shall be made with approxi- mately 50 grams of oil, in an open, flat-bottom, cylindrical dish, 2 % inches in diameter, and 1| inches high. The ther- mometer vShall be applied so as to register the temperature of the oil.) (e) It shall be free from coke and any manner or form of adulteration. Liquid asphalt, maltha, or any other softening agent fulfilling the above tests and approved by the Commissioner, may be used in place of heavy petroleum oil. When refined asphalt is not already of the proper con- sistency, an asphaltic cement shall be prepared by fluxing refined asphalt with heavy petroleum oil or other approved softening agent, complying with the above specifications, at a temperature between 250 degrees and 350 degrees Fahren- heit, and in such proportion as to produce an asphaltic cement of a consistency to be determined by the Commis- sioner. The asphaltic cement shall fulfill the requirements of paragraphs a, b, c, d and e above. As soon as the fluxing agent is added the entire mass shall be agitated by an air blast or other suitable appliance and the agitation continued until a homogeneous cement is produced. The asphaltic cement must never be heated to a temperature exceeding 350 degrees Fahrenheit. If asphaltic cement containing over 10 per cent, of foreign material is kept in storage, it must be thoroughly agitated when used, as must also all dipping kettles while in use. The sand to be used shall be hard grained, moderately sharp and clean, not containing more than 1 per cent, of 102 Code of Ordinances. clay or loam. On sifting, the whole shall pass a ten mesh screen, 20 per cent, shall pass an 80 mesh screen, and at least 7 per cent, shall pass a 100 mesh screen. The inorganic dust shall be finely powdered carbonate of lime, granite, quartz or other inorganic dust approved by the Commissioner. Such inorganic dust must be of such a degree of fineness that the whole of it shall pass a 30 mesh screen, and at least 66 per cent, a 200 mesh screen. The materials complying with the above specifications shall be mixed in proportions by weight, depending upon their character, but the percentage of matter soluble in car- bon bisulphide in any pavement mixture shall be not less than 9 % or more than 12 per cent. If the proportions of the mixture are varied in any manner from those specified, the mixture will be condemned, its use will not be permitted, and if already placed on the street it will be removed and re- placed by proper materials at the expense of the contractor. The sand and the asphaltic cement will be heated sep- arately to approximately 325 degrees Fahrenheit. The stone dust shall be mixed, while cold, with the hot sand. The asphaltic cement will then be mixed with the sand and stone dust, at the required temperature and in the proper propor- tion in a suitable apparatus, so as to effect a thoroughly homogeneous mixture. The sand, dust and asphaltic cement composing the charge for any mixing shall be weighed sep- arately, and samples of any of the materials shall be supplied at any time to the Commissioner or his representative, who shall have access to all branches of the work at all times. The above described materials shall be mixed in the determined proportions in a standard asphalt mixer, and carried to the street at a temperature ranging from 250 de- grees to 325 degrees Fahrenheit, and spread upon the binder to such a depth as will insure a thickness of two (2) inches after ultimate compression. This compression will be at- tained by first smoothing the surface with a hand roller, or a light steam roller, after which hydraulic cement shall be swept over it, when the rolling will be continued with a ten- ton roller until no impression is made upon the surface. A space of twelve (12) inches next the curb shall be coated Code of Ordinances. 103 with asphaltic cement and the same ironed into the pave- ment with hot smoothing irons. The materials complying with the above specifications shall be mixed in such proportions and within such limits, by weight, depending upon their character, but whatever may be the character of the asphalt or of the asphaltic cement used, the pavement obtained must and shall conform to the following general requirements: The pavement when laid shall not be so soft as to be unfit for travel on the hottest days of summer, nor so hard as to disintegrate from the effect of frost. It shall contain no water or appreciable amount of light oils, nor matter volatile at a temperature of 250 degrees Fahrenheit. When laid the wearing surface mixture shall yield not less than nine and a half (9X) nor more than twelve (12) per cent, of bitumen soluble in carbon bisulphide, of which bitumen not less than sixty-eight (68) per cent, shall be soluble in boiling Pennsylvania petroleum naphtha, boiling points 40 degrees to 60 degrees centigrade. All of the mineral matter shall pass a ten mesh per linear inch sieve, and not less than 16 per cent, shall pass a one hundred mesh per linear inch sieve, while the remainder shall be graduated between these limits. BITULITHIC PAVEMENT. § 7. On top of the sub-grade, crushed stone or slag shall be spread to a depth of six (6) inches, which shall then be compressed with a heavy steam road roller. If any considerable proportion of the foundation material is larger than three (3) inches, it shall be separated, and the founda- tion laid in strata, the coarsest pieces being placed at the bottom and the finer at the top. Where suitable gravel (consisting of not more than twenty-five (25) per cent, finer than one-quarter {%) inch) can be obtained, it may be used by spreading the same to depth of five (5) inches, and after thoroughly rolling with steam roller (wetting the gravel to aid compression when necessary) a layer of crushed stone two (2) inches in thickness shall be placed on the surface and thoroughly rolled to the desired grade. On this founda- 104 Code of Ordinances. tion, after rolling, shall be spread a heavy coating of Warren’s No. 24 Puritan Brand Hard Bituminous Cement, or Bitu- lithic Cement, for the purpose of firmly binding the founda- tion together and making it readily unite with the bituminous concrete wearing surface. One gallon of the Bituminous Cement shall be used for each square yard of surface After heating the stone in a rotary mechanical dryer to a temperature of about 250 Fahrenheit, it shall be elevated, and passed through a rotary screen having six or more sec- tions with varying sized openings. The several sizes of stone thus separated by the screen section shall pass into a bin containing six sections or compartments. From this bin the stone shall be drawn into a weigh box, resting on a scale having seven beams. The stone from each bin shall be accu- rately weighed, in the proportions which have been previously determined by laboratory tests to give the best results ; that is, the most dense mixture of mineral aggregate, and one having inherent stability. From the weigh box each batch of mineral aggregate, composed of differing sizes accurately weighed as above shall pass into a “ twin plug ” or other ap- proved form of mixer. In this mixer shall be added a suffi- cient quantity of Warren’s Puritan Brand No. 19 Bituminous Water-Proof Cement, or Bitulithic Cement, to thoroughly coat all the particles of stone and to fill all voids in the mix- ture. The Bituminous Cement shall, before mixing with the stone, be heated to between 200 and 250 Fahr., the amount used in each batch shall be accurately weighed, and used in such proportions as have been previously determined by lab- oratory tests to give the best results and to fill the voids in the mineral aggregate. The mixing shall be continued until the combination is a uniform bituminous concrete. In this condition it shall be hauled to the street, and there spread on the prepared foundation to such a depth that, after thor- ough compression with a steam road roller it shall have a thickness of two (2) inches. The proportioning of the various sizes of stone and bituminous cement shall be such that the compressed mixture shall as closely as practicable, have the density of solid stone. After rolling the wearing surface there shall be spread over it, while it is still warm, a thin coating of Warren’s Code of Ordinances. 105 Quick Drying Bituminous Flush Coat composition, by means of a suitable flush coat spreading machine, so designed as to spread quickly over the surface a uniform thickness of flush coat composition. This spreading machine shall be provided with a flexible spreading pan and an adjustable device for regulating, to any desired amount, the quantity and uni- formity of flush coat composition to be spread. On grades of over eight (8) per cent, a mineral flush coat may be used in place of the liquid flush coat. While the flush coat composition is still warm, there shall be spread over it, at least two coats, fine particles of hot crushed stone in sufficient quantity to completely cover the surface of the pavement. These stone chips shall be spread by means of a suitable stone spreading machine, so designed as to provide a storage receptacle of at least five (5) cubic feet capacity and to rapidly and uniformly cover the surface of the pavement with the desired quantity of stone. This spreading machine shall be provided with an adjustable at- tachment for regulating uniformly the quantity of the stone spread at each operation. The' hot stone chips shall be im- mediately and thoroughly rolled into the surface until it has become cool. The purposes of the flush coat composition and the fine particles of hot crushed stone are to not only fill any unevenness in the surface, but also to make the sur- face water-proof and gritty, thus providing a good foothold for horses. Each layer of the work shall be kept as free as possible from earth and dirt, so that it will unite with the succeeding layer. The bituminous composition or cement shall in each case be free from water, petroleum oil, water-gas, or inferior process tars, and shall be especially refined to remove the light volatile oils and other impurities susceptible to at- mospheric influences. If the crushed stone used does not provide the best pro- portions of fine grained particles, such deficiency must be supplied by the use of not to exceed fifteen (15) per cent, hydraulic cement, pulverized stone, or very fine sand. 106 Code of Ordinances. HASSAM COMPRESSED CONCRETE. § 8. The sub-grade shall be thoroughly rolled until solid and compact with an even and true surface six (6) inches below the finished grade of the street. PAVEMENT. Upon the sub-grade shall be spread broken trap rock stone, varying in size from 2 K inches to 1 inch. This stone shall be rolled with a steam roller until firmly compressed and the voids reduced to a minimum, more stone being added wherever necessary, until the surface after rolling is true and even at the finished grade of the street. ■ Expansion joints about one (1) inch in width shall be provided next to the curbstone on each side of the street, also across the street at least every 50 feet. These expansion joints shall be made of paving pitch and shall be put in place before any grouting of the Stone, in a manner satisfactory to the Commissioner of Public Works. The grout shall consist of the best Portland cement and clean, sharp sand, mixed in proportions as determined, vary- ing from one part cement and one part sand to one part cement and one and one-half parts sand, mixed with enough water to bring it to a consistency of cream. This grout shall be mixed in a machine especially pre- pared for the work, allowing no chance for separation of the sand and cement. The grout shall be flowed on the stone until all voids are filled and the grout flushes to the surface. Immediately after this grouting the street shall be again rolled with a steam roller and more grout shall be added wherever necessary. After rolling and before the initial set has taken place the surface shall be broomed to remove all surplus cement. The street shall then be closed to travel for a period of at least six (6) days. Code of Ordinances. 107 All broken stone shall be of uniform quality, of trap rock, equal to Palisade trap rock. All sand shall be sharp, clean, and free from all loam or organic matter, equal to Cow Bay sand. All cement shall be of best quality American Portland cement, and subject to the usual tests by the City Engineer. SMALL GRANITE BLOCK WEARING SURFACE. § 9. The road • bed • shall be • excavated • to a sub-grade and thoroughly rolled with a steam roller until the surface of the sub-grade is solid and approximately parallel with and ten (10) inches below the proposed finished grade of the pavement. Upon the concrete foundation which shall be at least five (5) inches below the finished grade of the street shall be spread a layer of sharp, clean sand of about inches in depth. The paving blocks shall be cut from first quality light colored, fine grained New Hampshire granite, or other granite equal thereto, of the following dimensions: Four to four and one-half inches in depth, three and one-half to four and one -half inches in width, and six to twelve inches in length. The blocks to be so dressed that they may be laid with close joints not exceeding one-half of an inch at the top, the head shall show not more than three-eighths inch varia- tion from a true plane, with square comers and sharp edges. The top, bottom and sides shall form right angles at their intersections, the sides and ends shall have no depressions or projections exceeding one-half inch. The blocks shall be laid in the sand cushion, on edge, end to end, across the roadway at right angles to the curb, they must be closely and evenly laid, true to line and grade, with joints broken with a lap of at least two inches, only practical and competent pavers being employed for this work. The blocks shall then be stiffened by sprinkling pea 108 Code of Ordinances. stone or coarse screened sand over the surface and sweeping into the joints with a broom. The surface shall be made even and true by ramming with rammers weighing not less than sixty pounds; ram- ming must be continued until the blocks are firmly im- bedded in the sand cushion, and the surface made smooth and uniform, true to line and grade. The filler shall be composed of one part of clean, sharp sand and one part of Portland cement with enough water added to make a grout of the consistency of thin cream and mixed in a grout mixer to insure the accurate blending of the ingredients, and delivered on the work from a short pipe, or other manner satisfactory to the Commissioner of Public Works. The blocks shall be wet by sprinkling with hose or can and kept moist until the grout is supplied. The grout shall be poured on the surface and broomed into the joints; during this operation pea size broken stone free from dust, or coarse screened sand, shall be lightly scattered into the grout and thoroughly mixed before sweep- ing into the joints. After this grout has subsided into the joints and before the initial set, the surface shall again be treated with a grout of the consistency of thick cream which shall be broomed smoothly over the surface, until the joints are full and flush with the top of the blocks. All cement used on the work shall be first quality American Portland cement which shall be subject to the usual tests by the City Engineer. Sand shall be clean and sharp, free from clay, loam or organic matter, equal to Cow Bay sand. No travel shall be allowed on the pavement during con- struction, nor for a period of at least six days after com- pletion. CONCRETE FOUNDATIONS § 10. Where the plans and specifications call for a foundation of concrete it shall be made as follows: Concrete shall be made of one part of cement as below. Code of Ordinances. 109 three parts of sand as below, and five parts of \y 2 inch broken stone as below, all the amounts to be proportioned by actual measurement, and to be mixed, placed and rammed as directed by the Commissioner of Public Works, and to his satisfaction. The cement shall be of the best quality, of an approved brand of American Portland cement which shall conform to the following tests to be made under the direction of the City Engineer, and no cement shall be used on any part of the work until the same shall have been tested and approved by him and accepted by the Commissioner. First — For fineness. At least 97 per cent, by weight shall pass a sieve of 2,500 meshes per square inch and 92 per cent, by weight shall pass a sieve of 10,000 meshes per square inch. Second — For tensile strength neat. After one day in moist air, it must stand a tensile strain of 150-200 lbs. per square inch. After one day in moist air and 6 days’" immersion in water, it must stand a tensile strain of 450-550 lbs. per square inch. After one day in moist air and 27 days’ immersion in water, it must stand a tensile strain of 550-650 lbs. per square inch. Pats one-quarter inch thick and chamfered to feather edge shall show no cracks in setting. Cement shall show satisfactory results under the boiling tests. If cement is found of improper quality, it will be branded and must be immediately re- moved from the work. In all cases 376 pounds of cement shall be, taken to be 3.7 cubic feet in proportioning in- gredients of mortar and concrete. All sand shall be clean, sharp, and free from loam, clay or vegetable matter, equal to Cow Bay sand, and of a quality to be approved by the Commissioner. Sand used in the mortar for brick masonry, plastering and filling the joints of vitrified pipe sewers, must be screened if deemed neces- sary by the Commissioner. The broken stone may be trap rock, granite, limestone or gneiss, but it must be sound, hard and broken to pass through a 1 inch ring, and of a kind and quality satisfactory to the Commissioner for use in concrete. 110 Code of Ordinances. GRADE LIMITATIONS. §11. The grade limitations of the different pavements shall be as follows: Granite block pavement shall not be laid on any street or avenue on a grade exceeding nine per cent. Vitrified brick pavement shall not be laid on any street or avenue on a grade exceeding nine per cent. Asphalt block pavement shall not be laid on any street or avenue on a grade exceeding seven per cent. Sheet asphalt pavement shall not be laid on any street or avenue on a grade exceeding five per cent. Bitulithic pavement shall not be laid on any street or avenue on a grade exceeding ten per cent. ARTICLE XVIII. GOVERNING THE CONSTRUCTION OF BUILDINGS. TITLE I. TITLE OF ARTICLE. Section 1 . The following provisions shall constitute and be known as The Building Code, and may be cited as such and together with the Sanitary Code, presumptively pro- vides for all matters concerning, affecting or relating to the construction, equipment, alteration, repair, moving or re- moval of buildings or structures erected or to be erected in the City of Yonkers, and no building or structure shall be erected, built or constructed within the City of Yonkers except in compliance with the provisions of this Code. TITLE II. PRELIMINARY REQUIREMENTS. NEW BUILDINGS AND BUILDINGS TO BE ALTERED. § 2. It shall be unlawful to proceed with the erection, enlargement, alteration, repair or removal of any building Code of Ordinances. Ill or part thereof, or any platform or staging to be used for standing or seating purposes, or of any structure within the meaning of any of the provisions of this article, unless a permit shall first be obtained from the Building Inspector; application for permits shall be made in writing by the owner or his agent, and shall be made upon forms or blanks to be issued for that purpose, and shall be accompanied by a set of plans drawn to a scale on durable paper, and specifications of the proposed work, which plans and specifications shall sufficiently set forth the extent and character of the work in all its structural parts; together with an affidavit of the truth of the facts set forth in the application, and no permit shall be given until the application, together with the plans and specifications, accompanying and illustrating the same, shall have been approved by the Building Inspector ; but no such plans and specifications shall be approved unless they conform to the provisions of this article. Nothing in this section shall be construed to prevent the Building Inspector from granting a permit for the erection of a building or other structure where plans and detailed statements have been presented for the same before the entire plans and specifica- tions have been submitted. Blue, black or gray prints of plans may be accepted, if clear and intelligible. Said ap- plication, plans and specifications and detailed statements shall remain on file with the Building Inspector. BUILDINGS TO BE ERECTED OR ALTERED IN CON- FORMITY TO PLANS ON FILE. § 3. It shall be unlawful to erect any building or other structure, for which permit has been granted, except it be in conformity with the application and the plans and speci- fications on file and approved by the Building Inspector. A duplicate set of the approved plans and specifications must be kept at the building or other structure during its erection or alteration and be accessible at all times to the Building Inspector. The Building Inspector or his Assistant shall have authority to order any change from the application or plans and specifications on file in the office of the Inspector, 112 Code of Ordinances. should it be found, upon inspection, that there are condi- tions which make such change necessary; notice of such change shall be given in writing to the owner or his agent, or to the contractor in charge of the work: Provided, that no such change shall be made except it conforms to the pro- visions of this article. TIME OF PERMIT:— REPAIRS. § 4. Permits shall be granted or refused within six days, Sundays and legal holidays excluded, after the appli- cation and the submission of the plans and specifications, unless said plans and specifications, or detailed statements, shall be complicated or extensive, in which case said permits shall be granted within a reasonable time after such sub- mission. Every permit shall be considered cancelled if active work is not commenced within the period of six months from the date of its issue. Ordinary repairs to buildings may be made without notice to the Buiiding In- spector, but such repairs shall not be construed to include the cutting away of any stone or brick wall; or any portion thereof, the removal or cutting of any beam or support, or the removal, change or closing of any stairway. DEMOLISHING BUILDING. § 5. When plans and detailed statements are filed with the Building Inspector for the erection of a new building, if an existing building or part of an existing building is to be demolished, such fact shall be stated in the statement so filed. In demolishing any building, story after story shall be completely removed, commencing with the top story. No material shall be placed upon the floor of any such building in the course of demolition, but the brick, timbers and other structural parts of each story shall be lowered to the ground immediately upon displacement. The material to be removed shall be properly wet down to lay the dust incident to its removal. Code of Ordinances. 113 The owner, architect, builder or contractor for any building, structure, premises, wall, platform, staging or flooring to be demolished shall give not less than twenty-four hours’ notice to the Building Inspector of such intended demolition. TITLE III. DEFINITIONS. MEASUREMENT OF HEIGHT FOR BUILDINGS AND WALLS. § 6. The height of buildings shall be measured — From the curb level at the center of the front of the building to the top of the highest point of the roof beams in the case of flat roofs, And for pitched roofs the average of the height of the gable shall be taken as the highest point of the building. In case a wall is carried on iron or steel girders, or iron or steel girders and columns, or piers of masonry, the meas- urements, as to height for the wall, may be taken from the top of such girder, in which case the height of the girder shall not exceed seven feet. When the walls of a structure do not adjoin the street then the average level for the ground adjoining the wall of the front of the building may be taken instead of the street curb level for the height of such structure. MEASUREMENTS FOR WIDTH AND DEPTH OF BUILDINGS. § 7. The width of a building shall be considered to mean the width of the frontage on the street except in case of corner lots when the greatest horizontal dimension shall be considered its depth and the next greatest horizontal dimension its width. 114 Code of Ordinances. DEFINITION OF PRIVATE DWELLING. § 8. A private dwelling shall be taken to mean and in- clude every building which shall be intended or designed for or used as the home or residence of not more than two sep- arate and distinct families or households, and in which not more than fifteen rooms shall be used for the accommoda- tion of boarders, and no part of which structure is used as a store or for any business purpose. Two or more such dwellings may be connected on each story when used for boarding purposes, provided the halls and stairs of each house shall be left unaltered. Any such building hereafter erected shall not cover more than ninety per cent, of the lot area. DEFINITION OF APARTMENT OR TENEMENT HOUSE § 9. An apartment or tenement house shall be taken to mean and include every house or building or portion thereof, which is rented, leased, let or hired out to be occu- pied or is occupied as the home residence of three or more families, living independently of each other and doing their cooking on the premises. DEFINITION OF LODGING HOUSE. § 10. A lodging house shall be taken to mean and in- clude every house or building or portion thereof in which persons are harbored or received or lodged for hire for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in for a term less than a week. Any such building hereafter erected shall not cover any greater percentage of a lot than is lawful for a hotel. DEFINITION OF HOTEL. §11. A hotel shall be taken to mean and include every building, or part thereof, intended, designed or used for sup- Code of Ordinances. 115 plying food and shelter to residents or guests, and having a general public dining room or a cafe, or both, and containing also ten or more sleeping rooms above the first story. An apartment hotel shall be taken to mean and include every hotel in which the apartments are rented or are in- tended or designed to be rented in suites, and for terms not less than one month, and in which there are no kitchens, dining rooms or serving rooms within the apartments, but where a common dining room is provided for the use of the tenants. Whenever any such hotel or apartment hotel building hereafter erected shall be located on any other than a corner lot or plot, it shall not cover in the aggregate more than 90 per cent, of the area of such lot or plot at and above the second story floor level, if not more than four stories in height, and one and one-half per cent, less for every story in height, commencing at and above the second story floor level, and on a corner lot, when covering an area of not more than 3,000 square feet, it shall not occupy more than 95 per cent, of the area of such lot at and above the second story level. In case any such building is to occupy a number of lots, the Building Inspector may allow the free air space, proportioned as herein stated, to be distributed in such manner as, in his opinion, will equally as well secure light and ventilation. DEFINITION OF OFFICE BUILDING. § 12. An office building shall be taken to mean and in- clude every building which shall be divided into rooms above the first story, and be intended and used for office purposes, and no part of which shall be used for living purposes, ex- cepting only for the janitor and his family. Office buildings when not erected on a comer shall not cover more than 90 per cent, of the lot area at and above the second story floor level. DEFINITION OF FRAME BUILDING. § 13. A frame building shall be taken to mean a building or structure of which the exterior walls or a portion thereof shall be constructed of wood. 116 Code of Ordinances. Buildings sheathed with boards and partially or entirely covered with four inches of brick or stone work shall be deemed to be frame buildings. DEFINITION OF FIRE-PROOF BUILDING. § 14. A fire-proof building shall be taken to mean a building or structure all parts of which are designed for carry- ing weights or resisting strains, constructed wholly of stone, burnt clay, iron, steel, or Portland cement concrete, and all partitions and stairs and stair and elevator inclosures made entirely of incombustible material, and all metallic structural members protected against the effect of fire by coverings of material which must be incombustible and a slow heat con- ductor. The interior trim, including doors and door and window casings may be of wood in such buildings. The window frames and sash on the street front, and the window frames and sash on the sides and rear when not within thirty feet of the adjoining property, may also be made of wood. DEFINITION OF NON-FIRE-PROOF BUILDING. § 15. A non -fire-proof building shall include all build- ings the walls of . which are as specified for fire-proof build- ings, but which in their interior construction are not in ac- cordance with the requirements as herein set forth for fire- proof buildings, or the floors of which may be of ordinary house or joist construction. TITLE IV. QUALITY OF MATERIALS. BRICK. § 16. The brick used in all buildings shall be good, hard,, well burnt brick. When old brick are used in any wall they shall be thor- oughly cleaned before being used, and shall be whole and good, hard, well burnt brick. Code of Ordinances. 117 SAND. § 17. The sand used for mortar in all buildings shall be clean, sharp grit sand, free from loam or dirt, and shall not be finer than the standard samples kept in the office of the Building Inspector. LIME MORTAR. § 18. Lime mortar shall be made of the proportions of four parts of sand to one part of lime approved by the Build- ing Inspector. All lime used for mortar shall be thoroughly burnt and of good quality, and properly slaked before it is mixed with the sand. CEMENT MORTAR. § 19. Cement mortar shall be made of cement and sand in the proportions of one part of cement, and not more than three parts of sand, and shall be used immediately after being mixed. The cement and sand are to be measured and thoroughly mixed before adding water. CEMENT AND LIME MORTAR. § 20. Cement and lime mortar mixed shall be made of the proportions of one part of slaked lime and four parts of sand, to which shall be added at time of use one-quarter of a barrel of Portland cement to each barrel of lime used. CEMENTS. § 21. Cements must be very finely ground and free from lumps. Cement classed as Portland shall be considered to mean such cement as will, when tested neat, after one day set in air, be capable of sustaining without rupture a tensile strain of at least 175 pounds per square inch, and after one day in air and six days in water shall be capable of sustaining 118 Code of Ordinances. without rupture a tensile strain of at least 500 pounds per square inch. Cements other than Portland cement shall be considered to mean such cement as will, when tested neat, after one day set in air, be capable of sustaining without rupture a tensile strain of at least 60 pounds per square inch, and after one day in air and six days in water be capable of sustaining without rupture a tensile strain of at least 120 pounds per square inch. TESTS OF CEMENTS. § 22. Said tests are to be made under the supervision of the Building Inspector, at such times as he may determine and a record of all cements answering the above requirements shall be kept for public information. CONCRETE. § 23. Concrete for foundations shall be made of at least one part of cement, two parts of sand and five parts of clean broken stone, of such size so as to pass in any way through a two-inch ring, or good clean gravel may be used in the same proportion as broken stone. The cement, sand and stone or gravel shall be measured and mixed as is prescribed for mortar. All concrete shall be properly rammed into place and allowed to set without being disturbed. QUALITY OF TIMBER. § 24. All timbers and wood beams used in any building shall be of good, sound material, free from rot, large and loose knots, shakes, or any imperfection whereby the strength may be impaired, and be of such size and dimensions as the pur- pose for which the building is intended require. TESTS OF NEW MATERIALS. § 25. New structural material of whatever nature shall be subjected to such tests to determine its character and quality, as the Building Inspector shall direct. Code of Ordinances. 119 The tests shall be made under the supervision of the Building Inspector, or he may direct the architect or owner to file with him a certified copy of the results of tests, such as he may direct shall be made. WROUGHT IRON. § 26. All wrought iron shall be uniform in character, fibrous, tough and ductile. It shall have an ultimate tensile resistance of not less than 48,000 lbs. per square inch, and elastic limit of not less than 24,000 lbs. per square inch, and an elongation of twenty per cent, in eight inches, when tested in small specimens. STEEL. § 27. All structural steel shall have an ultimate tensile strength of from 54,000 to 64,000 pounds per square inch. Its elastic limit shall be not less than 32,000 pounds per square inch, and test specimens, ruptured in tension, must show a minimum elongation of less than 20 per cent, in eight inches. Rivet steel shall have an ultimate strength of from 50,000 to 58,000 pounds per square inch. CAST STEEL. 28. Cast steel shall be made of open hearth steel con- taining one-quarter to one-half per cent, of carbon, not over eight one-hundredths of one per cent, of phosphorus and shall be practically free from blow holes. CAST IRON. § 29. Cast iron shall be of good foundry mixture, pro- ducing a clean, tough, gray iron. Sample bars five feet long, one inch square, cast in sand molds, placed on supports four feet six inches apart, shall bear a central load of 450 pounds before breaking. Casting shall be free of serious blow holes, cinder spots and cold shuts. Ultimate tensile strength shall be not less than 16,000 pounds per square inch when tested in small specimens. 120 Code of Ordinances. TITLE V. EXCAVATIONS AND FOUNDATIONS. EXCAVATIONS. § 30. All excavations for buildings shall be properly guarded and protected so as to prevent the same from be- coming dangerous to life or limb, and shall be sheath-piled by the person or persons causing the excavations to be made when necessary to prevent the adjoining earth from caving in. Plans filed with the Building Inspector shall be- accom- panied by a statement of the character of the soil at the level of the footings. The Building Inspector shall be notified before footings are commenced. Whenever an excavation of either earth or rock for building or other purposes, shall be intended to be, or shall be carried to the depth of more than nine feet below the curb, the person or persons causing such excavations to be made shall at all times, from the commencement until the com- pletion thereof, if afforded the necessary license to enter upon the adjoining land, at his or their own expense, preserve any adjoining or contiguous wall or walls, structure or struc- tures from injury, and support the same by proper founda- tions, so that the said wall or walls, structure or structures, shall be, and remain practically as safe as before such ex- cavation was commenced, whether the said adjoining or contiguous wall or walls, structure or structures, are down more or less than nine feet below the curb. If the necessary license is not accorded to the person or persons making such excavation, then it shall be the duty of the owner or owners refusing to grant such license to make the adjoining or contiguous wall or walls, structure or struc- tures, safe, and support the same by proper foundations so that adjoining excavations may be made, and shall be per- mitted to enter upon the premises for that purpose, when necessary, where such excavation is being made. If such excavation shall not be intended to be, or shall not be carried to a depth of more than nine feet below the Code of Ordinances. 121 curb, the owner or owners of such adjoining or contiguous wall or walls, structure or structures, shall preserve the same from injury, and so support the same by proper foundations that it or they shall be and remain practically as safe as before such excavation was commenced, and shall be per- mitted to enter upon the premises for that purpose, when necessary, where such excavation is being made. ADJOINING WALLS. §31. In case an adjoining party wall is intended to be used by the person or persons causing the excavation to be made, and such party wall is in good condition and sufficient for the uses of the adjoining building, then and in such case the person or persons causing the excavations to be made shall, at his or their own expense, preserve such party wall from injury and support the same by proper foundations, so that said party wall shall be and remain practically as safe as before the excavation was commenced. If the person or persons whose duty it shall be to pre- serve or protect any wall or walls, structure or structures from injury shall neglect or fail so to do after having had notice of twenty-four hours from the Building Inspector, then the Inspector may enter upon the premises and employ such labor, and furnish such materials, and take such steps as, in his judgment, may be necessary, at the expense of the person or persons whose duty it is to keep the same safe and secure or to prevent the same from becoming unsafe or dangerous. Any party doing the said work, or any part thereof, under and by direction of the said Inspector of Buildings, may bring and maintain an action against the person or persons last herein referred to, to recover the value of the work done, and materials furnished, in and about the said premises, in the same manner as if he had been employed to do the said work by the said person or persons. RETAINING' WALLS § 32. When an excavation is made on any lot, the per- son or persons causing such excavation to be made shall 122 Code of Ordinances. build at his or their own cost and expense, a retaining wall to support the adjoining earth, and said retaining wall shall be carried to the height of the adjoining earth, and be prop- erly protected by coping. When the grade of any lot is raised above the surround- ing lots by being filled, the person or persons causing such raise in grade shall build on his or their own lot, at his or their own cost and expense, a retaining wall to support such fill. The thickness of a retaining wall at its base shall be in no case less than one-fourth of its height. BEARING CAPACITY OF SOILS. § 33. Foundations of other materials than piles shall b so proportioned that the loads upon the soil shall not exceed the limits for the different kinds of soil herein given, to wit: Soft clay, one ton per square foot; ordinary clay and sand together in layers, wet and springy, two tons per square foot; sand and loose gravel, or dry hard clay, three and one half tons per square foot; hard pan, six tons per square foot; for soils other than those above specified, the loads to be deter- mined by the Building Inspector. No foundation shall be laid on any soil containing organic matter. PRESSURE UNDER FOOTINGS OF FOUNDATIONS. § 34. The loads exerting pressure under the footings of foundations in buildings more than three stories in height are to be computed as follows: For warehouses and factories they are to be the full dead load and the full live load. In stores and buildings for light manufacturing purposes, and in churches, schoolhouses and places of public amuse- ment or assembly, they are to be the full dead load and seventy-five per cent, of the live load. In office buildings, hotels, apartment hotels, dwellings, apartment houses, tenement houses, lodging houses and Code of Ordinances. 123 stables they are to be the full dead load and sixty per cent, of the live load. Footings shall be so designed that the loads will be as nearly uniform as possible, and not in excess of the safe bearing capacity of the soil, as established in this Code. FOUNDATIONS, PILES, ETC. - § 35. The foundation walls of all buildings, excepting those that are erected on wharves, or wharf piers on a water front, shall be laid not less than three feet below the exposed surface of the earth on the solid ground or level surface of rock. Where solid earth or rock is not obtainable, the said walls may be supported by a foundation of wooden piles or caissons, filled with concrete, or such other foundation as the Building Inspector shall direct. Piles intended for a wall, pier or post to rest upon shall not be less than five (5) inches in diameter at the smaller end, and shall be so spaced to carry the load imposed thereon or otherwise as may be re- quired by the Building Inspector, and they shall be driven to a solid bearing. No pile shall be weighted with a load exceeding forty thousand (40,000) pounds. The tops of all piles shall be cut off below the lowest water line where re- quired; concrete shall be rammed down in the interstices between the heads of the piles to the depth and thickness of at least twelve (12) inches, and for one foot in width outside of the piles. Where ranging and capping timbers are laid on piles for foundations, they shall be of yellow pine, not less than six (6) inches thick, and properly joined, and their tops laid below the lowest water line. Concrete piles or reinforced concrete piles may be used; in no case, however, shall the load on a concrete pile exceed twenty-five tons per square foot of cross section of concrete, plus 6,000 pounds per square inch of any longitudinal steel reinforcement. FOOTINGS UNDER FOUNDATION WALLS. § 36. The footing or base course shall be of stone or concrete, or both, or steel beams bedded in concrete, or con- 124 Code of Ordinances. Crete and stepped-up brickwork; all of the said footing or base courses to be of sufficient thickness, breadth and strength to safely bear the weight to be imposed thereon. If the footing or base course be of stone, the stones shall be laid edge to edge, and shall not be less than two (2) by three (3) feet, and be of sufficient thickness to carry the load imposed. If stepped-up footings of brick are used in place of stone above the concrete, the offsets shall be laid in single courses, and shall not exceed one and one-half inch, starting one-half the thickness of the concrete back from the edge. If steel beams or rails are used for a footing or base course, they must be thoroughly embedded in concrete, the ingredients of which must be such that after proper ramming the interior of the mass will be free from cavities ; the beams or rails must be entirely enveloped in concrete. This con- crete, and all concrete in contact with metal work, shall be made of Portland cement, and the broken stone used shall not be limestone of any character. FOUNDATION WALLS. § 37. All foundation walls and cellar walls shall be built of stone, brick or concrete. If constructed of stone or Portland cement concrete they shall be at least six (6) inches thicker than the wall next above them to the depth of twelve (12) feet below the said wall, and shall be increased six (6) inches in thickness for every additional ten (10) feet or fraction thereof in depth below the said twelve feet. If of brick, they shall be at least four (4) inches thicker than the wall next above them to a depth of twelve (12) feet below the said wall, and shall be increased four (4) inches in thickness for every ten (10) feet or fraction thereof below. Foundation walls for dwellings, private stables and car- riage houses, and buildings of a light character, if of stone, shall not be less than eighteen (18) inches thick; if of brick, not less than eight inches thick, and if of Portland cement concrete or concrete block construction, shall be of such thickness as necessary to carry the load to be imposed, and in no case to be less than 10 inches. All foundations shall be sufficiently strong to resist lateral pressure. Code of Ordinances. 125 TITLE VI. WALLS, PIERS AND PARTITIONS. STONE WALLS. § 38. All stone walls shall be laid to a line plumb and straight, and shall be faced on both sides. Walls twenty-four inches or less in thickness shall have at least one header ex- tending through the walls every three (3 ) feet in height from the bottom of the wall and in every four (4) feet in length, and if over twenty-four inches in thickness shall have one header for every six (6) superficial feet on both sides of the wall. All headers shall consist of good flat stones ; each stone shall be thoroughly bedded in mortar under the entire area, in such manner that it will not rock. All interstices between individual stones must be thoroughly filled with mortar, and, if the spaces should be large, pieces of broken stone must be driven into the mortar. Walls used for underpinning shall be composed of large flat stones or hard brick, as the Building Inspector may direct, the said walls to be laid up in cement mortar. Where wedges are used, the said wedges shall be of iron or steel. This section shall not be construed to prevent the building of such battered walls as shall be ap- proved by the Building Inspector. Foundation walls of dwellings, private stables and car- riage houses, and buildings of similar light construction, may be laid in lime mortar. The foundation walls of all other buildings shall be laid in cement mortar. BRICK WALLS— DWELLING HOUSE CLASS. § 39. The thickness of brick walls for buildings of the “ Dwelling House ” class, which shall include the following buildings : Apartment Houses, Hotels, Apartment Hotels, Laboratories, Asylums, Lodging Houses, Club Houses, Parish Buildings, i 126 Code of Ordinances. Convents, Dormitories, Dwellings, Hospitals, Carriage Houses, Schools, Studios, Tenements, Office Buildings, Stables, shall be of such thickness as shown in the following diagram with buildings, with a clear span between walls not exceeding 26 feet: Inside partition walls of the “Dwelling House” class may be four (4) inches less in thickness than as shown on the above diagram, but in no case are they to be less than eight (8) inches thick, and no eight (8) inch wall shall be over four (4) stories or forty-eight (48) feet in height. Non-bearing walls of the “ Dwelling House ” class may be twelve (12) inches thick up to the height of five (5) stories or sixty (60) feet. BRICK WALLS— WAREHOUSE CLASS. § 40. The thickness of brick walls for buildings of the “ Warehouse ” class, which shall include the following buildings : Armories, Breweries, Printing Houses, Public Buildings, Code of Ordinances. 127 Churches, Factories, Foundries, Garages, Light & Power Houses, Machine Shops, Warehouses, Public Assembly Buildings Pumping Stations, Railroad Buildings, Refrigerating Houses, Stores, Sugar Refineries, Theatres, shall be of such thickness as shown in the folio wing diagram for buildings, with a clear span between walls not exceeding 26 feet: § 41. If there is to be a clear span of over twenty-six (26) feet between walls of any building included in either the “ Dwelling House ” class or the “ Warehouse ” class, the bearing walls shall be four (4) inches more in thickness than shown in the diagrams for every thirteen (13) feet or fraction thereof the said walls are more than twenty-six (26) feet apart. 128 Code of Ordinances. The amount of materials elsewhere herein specified may be used in either piers or buttresses but no curtain wall be- tween such piers or buttresses shall be less than twelve (12) inches thick. Walls surrounding stairs, elevator shafts, fire escapes and light walls, if of brick shall not be less than eight (8) inches thick; but they shall be increased in thick- ness, with the increase in height, to a sufficient extent to keep the load on the brick work within the maximum load elsewhere herein specified. Nothing in this section shall be construed to prevent the erection of light wells, constructed of a frame work of iron or steel filled in with glass. HEIGHT OF STORIES. § 42. The height of stories for all given thickness of walls must not exceed eleven (11) feet in the clear for base- ment, eighteen (18) feet in the clear for the first story, fifteen (15) feet in the clear for the second story, fourteen (14) feet in the clear, average height, for any upper story; and if any story exceeds these heights, respectively, the walls of such story and all the walls below the same shall be increased four (4) inches in thickness, additional to the thickness already mentioned. BUILDINGS OVER TWENTY-SIX FEET CLEAR SPACE. § 43. All buildings twenty-six feet and over in width, where partitions are used, the main carrying partitions shall be either of brick, steel or iron; if steel or iron girders or columns are used said columns must be over each other or carried on steel girders. Iron or steel trusses or girders may be used: Provided, the supporting walls are increased in thickness by the addition of piers or buttresses to a sufficient extent to keep the load on the brickwork within the maxi- mum load elsewhere herein specified. INCASING INTERIOR COLUMNS AND GIRDERS IN NON-FIREPROOF BUILDINGS. § 44. In all non-fireproof buildings where iron or steel structural members are incorporated in the construction of Code of Ordinances. 129 the building, said iron or steel columns, girders, beams and other structural metal members in first story shall be incased as before described in this Code, except that the thickness of such insulating material may be not less than two inches. WALLS OF UNFINISHED BUILDINGS. § 45. In no case shall any wall or wails of any building be carried up more than two stories in advance of any other wall without the permission of the Building Inspector. The front, rear, side and party walls shall be properly bonded to- gether, or anchored to each other, every four (4) feet in their height, by wrought iron tie anchors not less than one and one-half inches by three-eighths (3-8) of an inch in size. The said anchors shall be built into the side or party walls not less than three (3) feet and into the front and rear walls, so as to secure the front and rear walls to the side or party walls when not built and bonded together. WALLS TIED, BONDED, ETC. § 46. In brick walls, at least every sixth course of brick shall be a heading course, except where walls are faced with face brick, in which case at least every sixth course shall be bonded with Flemish headers, or by cutting the corners of the face brick and putting diagonal headers behind the same, or iron ties. Where walls are faced with face brick, bonded with iron ties and used as bearing walls, they must be in- creased four inches in thickness more than hereinbefore specified. In all buildings where the walls are built hollow the same amount of brick shall be used in their construction as if they were solid, as heretofore set forth, and no hollow bearing wall shall be built unless the two walls forming the same shall be connected by proper ties of the same material as the walls, or stone or iron, placed not over two feet apart. The inside four inches of all walls may be built of hard burnt hollow clay, or porous terra-cotta blocks properly tied and bonded into the walls, and of the dimensions of ordinary brick. 130 Code of Ordinances. WALLS— HOW LAID. § 47. All walls of brick shall be thoroughly bonded and solidly put together, and shall be built to a line, plumb, level and straight; all bricks to be laid and bedded with well filled joints. Every course when laid shall have the joints well flushed up. The brick walls below the curb level of all buildings, other than dwellings and buildings of a similar light construction, shall be laid in cement mortar. Piers built for the support of any column, post or wall shall be laid in cement mortar; provided, that this section shall not be construed to prohibit the use of cement and lime mortar, when in the judgment of the Building Inspector the nature of the construction may permit its use. The brick used in all buildings of this character shall be good, hard, well-burnt and well-shaped brick. EXISTING PARTY WALLS. § 48. The Building Inspector shall, upon the applica- tion of any owner or owners of any buildings or their author- ized agents, or upon the application of any person or persons about to erect any new building or buildings, examine any or all existing party or division walls, and if they are deemed by the Inspector to be defective, out of repair, or insufficient and unfit for the purpose of the old building existing upon the adjoining premises, or of the new buildings about to be erected, such party or division wall or walls shall be repaired or made good or taken down by the parties building, as the Building Inspector’s decision may be. In every case where such wall or walls are defective, out of repair, or insufficient for the purpose of the buildings there existing upon the ad- joining premises and using the same, the cost and expense of such repair or removal, together with the expense of the new wall or walls to be erected in lieu thereof, shall be borne and paid by the owner of said buildings upon the adjoining premises and the party erecting the new buildings in propor- tion to the amount of such wall or walls which is or shall be respectively used by their said buildings; and in every case where such wall or walls are defective, out of repair, or in- Code of Ordinances. 131 sufficient only for the purpose of the new buildings, the cost and expense of such repair or removal, together with the expense of the new wall or walls to be erected in lieu thereof, shall then be borne and paid exclusively by the parties erecting the new buildings, and they shall also in such case make good all damages occasioned thereby to the adjoining premises. LINING EXISTING WALLS. § 49. Walls heretofore built for or used as party walls, whose thickness at the time of their erection was in accord- ance with the requirements of the then existing laws, but which are not in accordance with the requirements of this Code, may be used, if in good condition, for the ordinary use of party walls: Provided, the height of the same be not increased. In case it is desired to increase the height of the existing party or independent walls, which walls are less in thickness than required under this Code, the same may be done with a lining of brickwork to form a combined thick- ness with the old walls of not less than four inches more than the thickness required for a new wall, corresponding with the total height of the wall when so increased in height. The said lining shall be supported on proper foundation and carried up to such height as the Building Inspector may require. No lining shall be less than eight (8) inches in thickness, and all lining shall be laid up in cement mortar, and thoroughly anchored to the old brick walls with suitable wrought -iron anchors, placed two feet apart, and properly fastened or driven into the old walls in rows, alternating vertically and horizontally with each other the old walls being first cleaned of plaster and other coatings where any lining is to be built against the same. In all cases where there is such increase of walls a new foundation shall be built, in such manner as to carry jointly both the new and old walls, and the soil under such foundations shall not be loaded beyond the limits elsewhere herein specified. This section shall not be construed to prohibit the raising of the party walls in dwellings an additional story, if upon inspection the walls are found good, and the load on the brickwork is within the maximum elsewhere herein specified. 132 Code of Ordinances. RECESSES IN WALLS. § 50. No recess shall be made in any wall more than one-third of its thickness. Recesses for alcoves shall not exceed eight (8) feet in width and shall be arched over and not carried up higher than eighteen (18) inches below the floor next above. The aggregate area of recesses in any wall shall not exceed one-fourth of the whole area of the face of the wall on any story, nor shall any such recesses be made within a distance of five (5) feet of any other one in the same w r all. WALLS FACED WITH STONE ASHLAR. §51. If there be stone ashlar used for the facing of any building, the said stone ashlar, if three inches thick or less, shall not be reckoned in the thickness of the wall. All stone used for the facing of any building, except where built of alternate headers and stretchers, shall be strongly anchored with iron anchors, set in each stone at least one (1) inch. LINTELS AND ARCHES OVER OPENINGS IN WALLS. § 52. Openings for doors and windows in all buildings’ except as otherwise provided, shall have good and sufficient arches stone, brick or terra-cotta, well-built and keyed, with good and sufficient abutments. For lintels alone, iron or reinforced concrete of sufficient strength may be used. No lintels shall have a bearing of less than four (4) inches on the walls, and on the inside of all openings six (6) feet or less in width, in which the lintels shall be less than the thickness of the wall to be supported, there shall be a good and proper size timber lintel, which shall rest at each end not less than four (4) inches on the wall, and shall be bevelled on each end, and shall have at least an eight (8) inch arch turned over the same when practicable. Openings over six (6) feet and less than eight (8) feet in width shall have the inside lintel of iron or steel. Code of Ordinances. 133 IRON OR STEEL BEAMS AS LINTELS. § 53. All iron or steel beams or girders used as lintels to span openings eight (8) feet or over in width and not ex- ceeding twelve (12) feet, upon which a wall rests, shall have a bearing of at least eight (8) inches at each end by the thickness of the wall supported. For openings over twelve (12) feet the bearing shall be at least twelve (12) inches. When the lintels or girders are supported at the ends by brick walls or piers, they shall rest upon cut blue stone or other stone blocks of equal strength, or cast-iron plates of equal strength may be used. If the opening is twelve (12) feet or less the stone block shall not be less than eight (8) inches thick and shall be proportionately increased when the opening is more than twelve (12) feet. All blocks or plates used shall be the full size of the bearings. In al] cases the bearings shall be sufficient to support the weight placed upon it with safety. All iron or steel beams or girders used in any building shall be throughout not less in width than the thickness of the wall to be supported. LIGHT AND VENT SHAFTS. § 54. In every building hereafter erected or altered other than a frame building all the walls or partitions forming interior light or vent shafts, shall be built of brick, except in non-fireproof buildings, when the area of any such shafts does not exceed thirty (30) square feet, the inclosing walls or partitions may be frame, but must be covered on the shaft side with fireproof materials of at least three-eighths of an inch in thickness as may be approved by the Building Inspector. BRICK AND HOLLOW TILE PARTITIONS. § 55. Eight-inch brick, and six-inch hollow tile, and four-inch brick or four-inch hollow tile partitions, of hard- burnt clay or porous terra-cotta laid up with cement mortar, may be built, not exceeding in their vertical portions a measurement of fifty for the eight-inch, thirty-six for the 134 Code of Ordinances. six-inch and twenty-four feet for the four-inch, respectively, and in their horizontal measurement a length not exceeding seventy-five feet, unless said partition walls are strengthened by proper crosswalls, piers or buttresses, or -built in iron or steel framework when the latter is imbedded in and encased by the same material of which the partition is constructed. All such partitions shall be carried on proper founda- tions, or on iron or steel girders or on iron or steel girders and columns, properly insulated, or piers of masonry. MAIN STUD PARTITIONS. § 56. In buildings where fore and aft stud partitions rest directly over each other, they shall run down between the wood floor beams and rest on the top plate of the parti- tion below, and shall be constructed of not less than two by four studding. TIMBER IN WALLS PROHIBITED. § 57. No timber shall be used in any wall of any building where stone, brick, cement, concrete or iron are commonly used, except inside lintels, as herein provided, and brace blocks not more than sixteen inches in length. TITLE VII. VAULTS AND AREAWAYS. VAULTS UNDER SIDEWALKS. § 58. In buildings where the space under the sidewalk is utilized, a sufficient stone or brick wall, or brick arches between iron or steel beams, shall be built to retain the roadway of the street, and the side, end or party walls of such buildings shall extend under the sidewalk, of sufficient thickness, to such wall. The roofs of all vaults shall be of incombustible material. Code of Ordinances. 135 Openings in the roofs of vaults for the admission of coal or light, or for manholes, or for any other purposes, if placed outside the street line, shall be covered with glass set in iron frames, each unit of glass to measure not more than sixteen square inches, or with iron covers having a rough surface, and rabbeted into or made flush with the sidewalk. AREAWAYS. § 59. All areaways shall be properly protected with suitable railings, or be covered over. When areaways are covered over, iron, or iron and glass combined, stone or other incombustible materials shall be used, and be supported on brick or stone walls, or on iron or steel beams. TITLE VIII. WOOD BEAMS, GIRDERS AND COLUMNS. WOOD BEAMS. § 60. In no building shall any wooden girders, joists or timbers be placed nearer than four (4) inches of the outside of any smoke, hot air or other flue; and all joists or other timbers in the party walls of any buildings hereafter erected whether built of stone, brick or iron, shall be separated from the joists or timbers entering into the opposite side of the wall by at least four (4) inches of solid mason work. Every header over four feet long shall be hung in wrought or malle- able iron stirrups of suitable dimensions. No wooden floor joists or roof rafters used in any building shall be of less thickness than two (2) inches. Each tier of joists shall be anchored to the bearing walls, at intervals of not more than six (6) feet, with good, strong, wrought-iron anchors. Where the joists are supported by girders, the girders shall be anchored to the walls. The ends of joists resting upon girders, if butted together end to end, shall be strapped with wrought-iron straps at the same joist that is anchored to 136 Code of Ordinances. the wall, or they may lap each other and be thoroughly spiked or bolted together. Where joists are hung in iron stirrups from the girders they must be strapped as before described. All floor joists shall be properly bridged. All headers over four (4) feet long and all trimmer beams sup- porting same shall be at least four (4) inches thick. All beams resting in brick walls, or walls constructed of non- combustible material must be kept with a three (3) inch bevel. All joists that are used must be sound and well- seasoned. No floor joists shall be blocked up or levelled on more than one dry course of brick. Every wood beam resting on a wall or girder shall have at least four (4) inches bearing on same. In no case shall either end of a floor or roof beam be supported on stud partitions, except in frame buildings, or private dwelling houses. No gas, water or other pipes which may be introduced into any building shall be let into wood beams unless the same be placed within thirty-six inches of the end of the beams ; and in no building shall the said pipes be let into any beam more than two inches of its depth. PIER ANCHORS. § 61. Every pier and wall, front or rear, shall be well anchored to the beams of each story, with the same size anchors as are required for side walls, which anchors shall hook over the fourth beam. WOOD COLUMNS AND PLATES. § 62. All timber columns and posts shall be squared at the ends at right angles to their axes. To prevent the unit stresses from exceeding those fixed in this Code, timber or iron or steel cap and base plates shall be provided. TIMBER FOR TRUSSES. § 63. When compression members of trusses are of timber they shall be strained in the direction of the fibre only. Code of Ordinances. 137 When timber is strained in tension, it shall be strained in the direction of the fibre only. The working stress in timber struts of pin-connected trusses shall not exceed 75 per cent, of the working stresses established in this Code. § 64. All bolts used in connection with timber and wood beam work shall be provided with washers of such propor- tions as will reduce the compression on the wood at the face of the washer to that allowed in this Code, supposing the bolt to be strained to its limit. TITLE IX. CHIMNEY FLUES, FIREPLACES AND HEATING PIPES. § 65. In buildings hereafter erected, altered or repaired, all chimneys shall be built of brick, stone or other incom- bustible material. Brick chimneys shall have walls at least eight (8) inches thick, unless terra-cotta flue linings are used, in which case four (4) inches of brickwork may be omitted, and all flue linings must be carried at least two (2) feet above roof. All chimneys shall be bonded to the walls at every course from the bottom to the top. The inside of all brick flues shall be built of hard brick and have struck joints, except when lined with terra-cotta. All chimneys shall be topped out at least four (4) feet above the roof. No flue shall be less than forty-eight square inches when used as a smoke flue. No chimney in any building already erected or hereafter to be built, shall be cut off below, in whole or in part, and supported by wood, but shall be wholly supported by stone, brick or iron, and all chimneys in any building already erected or hereafter to be erected, which shall be dangerous in any manner whatever, shall be repaired and made safe or taken down. 138 Code of Ordinances. . § 66. All hearths shall be supported by trimmer arches of brick, stone, iron or concrete. The brick jambs of every fire-place or grate opening shall be at least eight (8) inches each in width, and the backs of such openings shall be at least eight (8) inches thick. All hearths and trimmer arches shall be at least eight (8) inches longer on either side than the width of such openings, and at least twenty (20) inches wide in front of the chimney breast. Brickwork over fire- places and grate openings shall be supported by iron bars, or brick or stone arches. All brick-set or portable ranges shall be set on. hearths of brick, slate, cement or other in- combustible material; the said hearths to extend at least twelve (12) inches beyond the face of the range. § 67. No stove-pipe in any building with combustlbie floors and ceiling shall hereafter enter any flue nearer than eighteen (18) inches from the floor or ceiling, and in all cases when smoke-pipes pass through the stud or wooden partitions, floor or roof, whether plastered or not, they shall be guarded by either a double collar of metal, with at least two (2) inches of air space all round and holes for circulation of air, or by a soapstone ring or solid casting of plaster of paris, not less than three (3) inches in thickness, and extending through the partition, or by an earthenware ring, one (1) inch from the pipe at every point. In all cases other than in fire-proof rooms where steam or hot water boilers, or hot air or other furnaces are used, the tops of same and the smoke-pipes leading therefrom shall be at least eighteen (18) inches below joists or ceiling above same, unless said joists or ceiling shall be properly protected by a shield of metal suspended above said boilers, furnaces and pipes, with at least 3 inches of space for the free circula- tion of air below and above said shield in which case the said boilers, furnaces or pipes shall be kept at least 8 inches from the aforesaid joists or ceiling. The metal shield called for above shall extend one (1) foot outside of boilers or furnaces in all directions. Code of Ordinances. 139 TITLE X. STAIRS, ENTRANCES AND FIRE ESCAPES. § 68. Every dwelling-house arranged for or occupied by two or more families above the first story, hereafter erected, shall be provided with an entrance to the basement thereof from the outside of such building. § 69. All buildings hereafter erected or altered to be used as a school house, hospital, asylum, hotel, apartment or tenement house, office building, store, manufactory, or work- shop, or place of assembly or resort, shall have such number of good and sufficient stairways, or other means of egress, as shall be determined by the Building Inspector. Stores in which any of the stories above the second have a clear floor space of four thousand (4,000) square feet, and manufactories three or more stories in height, of the floor area per story of three thousand (3,000) square feet, shall have stairway com- pletely inclosed with brick walls or such other fire-proof materials as shall be accepted .by the Building Inspector. Should the floor area of any story above the second, in said stores or manufactories, exceed ten thousand (10,000) square feet, the Building Inspector may require one or more ad- ditional stairways. § 70. All stairs for fire-proof buildings must be made of iron, concrete or other fire-proof material. Slate, marble and other stone may be used as treads. §71. Wherever a wall or ceiling is covered with a wood sheathing or wainscoting the surface of the wall or ceiling behind same shall be plastered flush with the grounds and down to the floor line. § 72. Every apartment house, tenement house or dwell- ing house occupied by or built to be occupied by three or more families, And every building already erected, or may hereafter be erected, more than three stories in height, occupied and used as a hotel, apartment hotel or lodging house, and every 140 Code of Ordinances boarding house, having more than fifteen sleeping rooms above the basement story, And every building three stories or over in height, in- tended or designed for, or occupied by or used, or built to be occupied by or used partly as a store or stores, shop or shops, and partly as a private dwelling, And every factory, mill, manufactory or workshop, hos- pital, asylum or institution for the care or treatment of in- dividuals, And every building three stories and over in height used or occupied as a store or workshop, And every building in whole or in part occupied or used as a school or place of instruction or assembly, And every office building four stories or more- in height, Shall be provided with such good and sufficient fire- escapes, stairways, or other means of egress in case of fire as shall be directed by the Building Inspector. The owner or owners of any building upon which a fire- escape is erected shall keep the same in good repair and properly painted. Fire-escapes may project into the public highway to a distance not greater than four feet beyond the building line. The stairways shall be placed at an angle of not more than sixty degrees, with steps not less than six inches in width and twenty inches in length, and with a rise of not more than nine inches. The balcony on the top floor, except in case of a front fire-escape, shall be provided with a goose-neck ladder lead- ing from said balcony to and above the roof. TITLE XI. SKYLIGHT AND FLOOR LIGHTS. § 73. The term “ skylight ” shall be taken to mean and include flat, hipped, lantern, monitor, turret, dome, ver- tical or pitched saw-tooth constructions, and all other covers placed over openings on roofs for the admission of light. Code of Ordinances. 141 All skylights placed on or in any building shall have the frames and sash thereof constructed of metal and glazed. § 74. Sky-lights for fire-proof buildings must be glazed with glass not less than one-half inch thick or wired glass not less than one-quarter inch thick. § 75. Skylights hereafter placed in buildings of a public character over any passageway or room of public resort,, shall have immediately underneath the glass thereof a wire netting, unless wired glass is used. § 76. All openings in floors for transmission of light to floors below shall be covered over with floor lights constructed of metal frames and bars, the glass in no case to be less than three-quarters of an inch in thickness. If any glass in same measures more than sixteen square inches, the glass shall be provided with strong wire netting under the same. § 77. No opening in any floor or roof shall be without a solid covering or an inclosure, to prevent the communica- tion of fire from story to story. TITLE XII. INCLOSURE AND SHED COVERINGS FOR THE PRO- TECTION OF PEDESTRIANS— PROTECTION OF PERSONS EMPLOYED ON BUILDING.— SHED COVERINGS. § 78. Whenever buildings in the business section of the city shall be erected or altered, upon or along any street,, when deemed necessary and so ordered by the Building In- spector, the owner, builder or contractor constructing or re- pairing such buildings, shall have erected and maintained during such construction or repair, a shed over the sidewalk in front of said premises, extending from building line to curb, the same to be properly, strongly and tightly construct- ed, so as to protect pedestrians and others using such streets. 142 Code of Ordinances. § 79. Whenever outside scaffolds are required to carry on the construction of buildings upon or along a street front, the flooring of same must be made tight of plank and the outside edge protected in such a manner as to prevent ma- terials from falling to street below. § 80. If the walls of such buildings are carried up two stories or more above the roofs of adjoining buildings, proper means shall be provided and used for the protection of sky- lights and roofs of such adjoining buildings. The protection over skylights shall be of stout wire net- ting not over one-inch mesh on stout timbers and properly secured. § 81. Should said adjoining owner, tenant or lessee refuse to grant permission to have said roofs and skylights so protected, such refusal by said owner, tenant or lessee shall relieve the owner of the building in course of construc- tion from any responsibility for damage done .to person or property on or within the premises affected. § 82. Should such inclosure or protection not be so erected, the Building Inspector shall issue a notice to be served personally upon the owner, or authorized agent, con- structing or repairing such buildings, or the owner, tenant or lessee of adjoining premises requiring such inclosure or protection, as provided in this Code, specifying the manner in which same shall be erected. § 83. And if such inclosures or protections are not erected, strengthened or modified as provided in such notice within three days after the service thereof, the said Building Inspector shall have full power and authority to cause such inclosure to be erected on the fronts and roofs and the sky- lights protected. And all expenses connected with same may become a lien on the property in interest so inclosed and protected. § 84. All contractors and owners, when constructing buildings where the floors or filling in between the floor beams thereof are of fire-proof material or brickwork, shall complete the flooring or filling in as the building progresses, Code of Ordinances. 143 to not less than within three tiers of beams below that on which the iron work is being erected. If such buildings do not require filling in between the beams of floors with brick or other fire-proof material, all contractors for carpenter work, or the owners of the buildings in the course of construction, shall lay the under flooring thereof on each story as the building progresses, to not less than within two stories below the one to which such building has been erected. When double floors are not to be used, such contractor, or the owner, shall keep planked over such portion of the floor beam as may be necessary for proper protection. In all buildings over five stories in height if the floor beams are of iron or steel the contractor for the iron or steel work of buildings in course of construction, or the owners of such buildings, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reason- ably required for the proper construction of such iron or steel work, and for the raising or lowering of materials to be used in the construction of such buildings, or such spaces as may be designated by the plans and specifications for stairways and elevator shafts. TITLE XIII. MISCELLANEOUS BUILDINGS. § 85. Nothing in this Code shall be so construed as to apply to or prevent the erection of what are known as grain elevators, as usually constructed, provided they are erected in isolated localities and under such conditions as the Build- ing Inspector may prescribe, including location. Nor to apply to or prevent the erection of coal pockets or coal elevators as usually constructed under similar con- ditions, including location. § 86. Buildings to be used exclusively for the storage of ice may be erected in isolated localities and constructed 144 Code of Ordinances. of such materials and under such conditions as the Building Inspector may prescribe. § 87. Sheds or buildings on piers or wharves or on the water-front within the fire limits shall be of iron or other incombustible materials, and in all cases shall be constructed in such manner and under such conditions as the Building Inspector may prescribe. § 88. Buildings for fair and exhibition purposes, towers for observation purposes and structures for similar uses, whether temporary or permanent in character, shall be con- structed in such manner and under such conditions as the Building Inspector may prescribe. § 89. All smoke houses shall be of fireproof construc- tion, with brick walls, iron doors and brick or metal roof. An iron guard shall be placed over and not less than three feet above the fire, and the hanging rails shall be of iron, and an iron grating shall be placed under the first row of hanging rails, and be not less than eight feet above the floor of the fire-pit. The walls of all smoke houses shall be built at least three feet higher than the roof of the building in which they are located, and shall be not less than twelve inches and be coped with stone or its equivalent. TITLE XIV. HEATING APPARATUS AND DRYING ROOMS. § 90. A brick-set boiler shall not be placed on any wood or combustible floor or beams. All hot air registers set in the floor of any building shall be set in a border of soapstone or other fireproof material, and all floor or register boxes to be made of sheet -metal with flange on top to fit the groove in the border, the register to rest upon the same, and there shall also be an open space of two (2) inches on all sides of the register box, extending from the under side of the ceiling to the border of the floor, the Code of Ordinances. 145 outside of the space to be covered with a casing of metal made tight on all sides, and to extend from the under side of the aforesaid ceiling up to and turn under the said border. No tin or metal flue or flues, pipe or pipes, or register box or boxes of a single thickness of metal, used and intended to convey heated air in any building hereafter to be built, altered or repaired, shall be allowed unless the same be built in a wall of brick or stone. In all other cases, the said flue or flues, pipe or pipes, register box or boxes, shall be made double ; that is, two pipes, one inside the other, at least one-half {%) inch apart, or covered with wire lathing, and the studding covered with tin or other fire-proof material, so as to be thoroughly fire- proof: Provided, that it shall not apply to pipes leading from a heater to the hot air flue. No wood furring or lath shall be placed against any metal pipe or pipes, used to con- vey heated air or steam in any building. No permanent or stationary heating apparatus or portable boilers of any kind whatever shall be introduced in any building now erected without a permit from the Building Inspector. The above section does not apply to registers and pipes of indirect radiation. § 91. All walls, ceiling and partitions inclosing drying rooms shall be made of fire-proof material. TITLE XV. ROOFS, CORNICES, GUTTERS, BULKHEADS, SCUT- TLES AND BAY WINDOWS. § 92. If a mansard or other roof of like character, having a pitch of over sixty degrees, be placed on any build- ing within the fire limits it shall be constructed of fire-proof material and be considered as a story of the building. § 93. The planking and sheathing of the roof of every building hereafter to be erected or altered shall in no case be extended across a party wall. All roofs and dormer win- 146 Code of Ordinances. dows inside the fire limits shall be covered with slate, zinc, tin, iron, copper, or such other equally good fire-proof ma- terial as the Building Inspector may authorize. § 94. All exterior cornices and gutters hereafter erected within the fire limits shall be of some fire-proof material. In all cases the walls shall be carried up to the under side of the roof planking and where the cornice projects above the roof, the wall shall be carried up to the top of the cornice. The cornice on every building shall be separated from the cornice on an adjoining building by having the party wall corbelled out at least two (2) inches beyond all projections, or by such other fire stop as shall be approved by the Building Inspector. § 95. Bulkheads used as inclosures for tanks and ele- vators, and coverings for the machinery of elevators and all other bulkheads ; and scuttles on all buildings within the fire limits shall be covered with fire-proof material as may be approved by the Building Inspector. § 96. All bay windows erected on buildings within the fire limits must be covered on the outside with fire-proof material as may be approved by the Building Inspector. Where a brick wall is cut for a bay window, steel beams of sufficient strength to carry the load to be imposed or for necessary bracing shall be built across such opening at each story and securely anchored to the walls and piers. TITLE XVI. FIRE-PROOF BUILDINGS. § 97. Every building hereafter erected or altered to be used as a school, theatre, hospital, asylum, institution for the use, care or treatment of persons, the height of which ex- ceeds three stories, and every building hereafter erected or altered, the height of which exceeds six stories, or seventy- two (72) feet, shall be of fire-probf construction. Code of Ordinances. 147 They shall be constructed with walls of brick, stone, Portland cement, concrete, iron or steel in which wood beams or lintels shall not be placed, and in which the floors and roofs shall be constructed of reinforced concrete or with rolled wrought iron or steel floor beams so arranged as to spacing and length of beams that the load to be supported by them, together with the weights of the materials used in the construction of the said floors, shall not cause a greater deflection of the said beams than one-thirtieth of an inch per foot of span under the total load. Between the floor and roof beams shall be placed brick arches springing from the lower flanges of the steel beams, or the spaces between the beams may be filled with hollow tile arches of hard-burnt clay or porous terra cotta, or arches of Portland cement concrete, plain or reinforced with metal, or such other fire-proof composition may be used as the Building Inspector may approve. The stairs and staircase landings shall be constructed of brick, stone, Portland cement concrete, iron or steel, or a combination of these materials. No woodwork or other inflammable material shall be used in any of the partitions, furrings or ceilings in any such fire-proof buildings, excepting for window frames and sash on the street front and the doors, jambs, trims and casings, the interior finish when filled solidly at the back with fire- proof material, and the floor boards and sleepers directly thereunder, may be of wood, but the space between the sleepers shall be solidly filled with fire-proof materials ex- tending up to the under side of the floor boards. All outside window frames and sash, except on street front and on sides and rear when not within thirty feet of the adjoining property, shall be of metal or metal-covered wood. § 98. All hall partitions or permanent partitions be- tween rooms in fire-proof buildings shall be built of fire-proof material and shall not be started on wood sills, nor on wood floor boards, but be built upon the fire-proof construction of the floor and extend to the fire-proof beam filling above. 148 Code of Ordinances. § 99. All cast-iron, wrought-iron or rolled-steel col- umns, including the lugs and brackets on same, used for vertical supports in the interior of any fire-proof building, or used to support any fire-proof floor, shall be entirely pro- tected with not less than two inches of hard-burnt brickwork, terra-cotta, concrete or other fire-proof material. § 100. The exposed sides of wrought-iron or rolled-steel girders supporting walls, iron or steel floor beams, or support- ing floor arches or floors, shall be entirely incased with hard- burnt clay, porous terra-cotta, concrete or other fire-proof material not less than four inches in thickness, and the bottom and top plates and flanges of such girders shall have not less than two inches in thickness of such insulating material. The bottom and top plates and flanges of all wrought- iron or rolled-steel floor and roof beams, and all exposed por- tions of such beams below the abutments of floor arches or filling between the floor beams shall be entirely incased with hard-burnt clay, porous terra-cotta, concrete or other fire- proof materials, such incasing material to be not less than two inches in thickness. All incasing material to be securely attached to the gird- ers and beams. TITLE XVII. IRON AND STEEL CONSTRUCTION. § 101. Rolled-iron or steel beams and girders used to support floors or walls of buildings shall be so proportioned that the loads which may come upon them shall not produce strains in tension or compression of more than the allowable stresses herein specified. No material shall be used in any part of the construction of less thickness than one-quarter (y£) of an inch, except for filling or lining vacant places. No al- lowance shall be made for the web in calculating the flange section of plate girders. All connections shall be arranged for end connection angles, and all beams, where practicable, must be connected to the girders supporting them with the Code of Ordinances. 149 standard connections, as used by Pencoyd, Carnegie, Phoenix, or other standard mills, and published in their hand books. Beams or girders whose length is more than twenty-five times their width must be supported laterally by bracing, independent of the load coming upon them. § 102. Webs of girders whose unsupported depth is more than sixty times their thickness, must have stiffeners riveted on both sides of the web at points generally not farther apart than one and one-half times the full depth of the web-plate, the stiffeners to be milled to fit tightly into the flange angles of the girders. At the points of local and .concentrated loads and at bearing points stiffeners, as before described, shall be placed and shall be proportioned as posts to transfer the loads at those points. § 103. All riveted work to be punched accurately with holes one-sixteenth (1-16) inch larger than the rivet, and when the pieces forming one built member are put together the hole must be truly opposite. No drifting to distort the metal will be allowed. All holes for field rivets shall be accurately drilled to an iron templet wherever possible. All rivets shall be so driven that they will completely fill the holes. All rivets shall be proportioned so that shearing strain per square inch of section shall not exceed eleven thousand (11,000) pounds for steel, and nine thousand (9,000) pounds for iron, and the pressure upon the bearing surface of the projected semi-intrados diameter thickness of the rivet shall not exceed twenty-two thousand (22,000) pounds per square inch for steel, and eighteen thousand (18,000) pounds for iron. For field riveting the number thus found shall be in- creased twenty-five per centum. The pitch of rivets in direction of the strain shall not exceed six (6) inches. All connections in structural iron or steel work shall be’® made with soft steel rivets or tight fitting bolts. § 104. Columns of wrought iron or steel, supporting walls and floors of buildings, shall be so proportioned that the vertical loads which may come upon them, including the bending strain due to wind pressure, shall not produce strains in tension and compression of more than thirty (30) per centum additional to the allowable stresses herein specified. 150 Code of Ordinances. The vertical stresses on columns from live load shall not be reduced more than that given by formula herein specified. Abutting surfaces to be truly planed to even bearings through- out, and to be spliced so as to hold parts in proper position. Splices also to be proportioned for the bending in the columns due to side pressure, so that the strains on the bolts and rivets shall not produce strains of more than the allowable stresses herein mentioned. No column shall be greater in length than forty-five times its least width or one hundred and forty times its least radius of gyration. Every column shall rest upon a base plate properly secured to columns and shall be truly and squarely planned, so as to evenly dis- tribute the load over the footings. As far as possible,- columns shall be so designed as to have all parts of the column accessible after erection, for the purpose of cleaning and painting. § 105. In all buildings allowances shall be made for wind pressure which shall not be figured at less than thirty (30) pounds per square foot of elevation, where erected in open spaces or on wharves. In high buildings, erected in built-up districts, the wind pressure shall not be figured for less than twenty-five (25) pounds at tenth story, two and one-half pounds less ( 2 %) on each succeeding lower story, and two and one-half ( 2 %) pounds additional on each succeed- ing upper story to a maximum of thirty-five (35) pounds at fourteenth story and above. Wind bracing may be provided by making the connection joint between girders and columns sufficient for the vertical load as well as the bending due to side pressure; or brackets may be placed at this joint, pro- portioned for the side pressure; or diagonal bracing may be placed between columns, proportioned to transfer the shear of the side pressure to the footings. Where buildings are narrow and tall, so that the overturning due to wind is more than the down pressure of the unloaded building, the base of column must be anchored down to a sufficient foundation to counteract this upward strain. § 106. Cast iron columns shall be proportioned so that the loads coming upon them shall not produce strains greater than the allowable stresses herein mentioned ; cast columns to Code of Ordinances. 151 have caps and bases truly square so as to give even bearing, and shall be bolted to each succeeding column, the lugs, caps and bases to be made of sufficient size to transmit the strain coming upon them. They shall be of tough gray iron, free from all cracks, blow holes, etc., and concentric to outer circumference. In cast iron columns the least thickness allowable shall be three-fourths of an inch, and there shall be no variation in thickness, due to shifting of core, of more than twenty per centum. Cast iron columns shall not be of greater length than twenty times their least diameter. All columns must be drilled for inspection. All footing under columns shall be proportioned for the weight coming upon them so as not to produce any greater pressure upon the earth beneath them, as herein mentioned. § 107. All foundation under columns shall be concen- trically loaded and where necessary shall have a slip joint connection with other masonry. Where beams are placed under columns to distribute the loads, they shall be pro- portioned as girders carrying uniform load, within the limits of the allowable stresses herein mentioned. § 108. All structural steel and iron work to be thor- oughly cleaned of rust and dirt and covered with two coats of an approved paint mixed with linseed oil ; all parts of the structure, as far as possible, to be so designed as to be ac- cessible for painting after erection. TITLE XVIII. REINFORCED CONCRETE OR CONCRETE-STEEL CONSTRUCTED BUILDINGS. § 109. The term “ reinforced concrete ” or “ concrete- steel ” in this section shall be understood to mean a combina- tion of steel bars, rods, etc., and concrete; the steel reinforce- ment being of such sections and placed in such a way in the imbedding concrete mass as to take up all the tensile stresses and to assist the concrete in shearing stresses; the concrete 152 Code of Ordinances. shall take up all the compression stresses and protect the steel members against the action of fire, air, etc. § 1 10. The steel reinforcement shall provide for all ten- sile stresses occurring through positive and negative bending moments ; and this shall be obtained especially by the use of straight and bent rods, the latter overlapping each other over the supports, and extending into the walls or the ad- joining span, to such an amount as to insure good anchorage. The steel reinforcement shall also provide for the ver- tical and horizontal shearing stresses by the use of light iron stirrups embracing the tensile armament. All the steel shall be protected by 1 inch of concrete in the floor slabs and inches in beams, girders, columns and pilasters, the distance being measured from the outside surface of the concrete to the nearest surface of the steel armament. In columns, the steel armament will consist of either vertical bars or horizontal hoops. If vertical bars are used, they shall be placed near the surface of the columns and preferably at the corners of same and shall be of such number and section as to take care of all tensile stress, occurring through buckling, and of the compression stress, not taken up by the concrete. These rods shall be tied at convenient intervals not greater than the smallest side of the columns. If horizontal hoops are used care must be taken to have sufficient amount of vertical reinforcing bars to take care of all the shearing stresses occurring through bulging. The owner shall state in the application what system of construction he will employ. § 111. The materials shall be of the best of their kind obtainable in the locality where the building will be erected. The sand shall be coarse, sharp, of angular form; about 1-3 shall be fine. It shall run from 1-32 inch to 2-32 inch. It shall be free from any loam, dirt or vegetable matter. If the sand, when washed, leaves a residue of more than 3 per cent., it shall not be used unless thoroughly washed. Instead of sand, stone dust might be used. The stone dust shall answer the specifications applied to the sand, as to size and cleanliness. Code of Ordinances. 153 The crushed stone or gravel shall be of a size to go through a 1-inch mesh and be rejected by a X -inch mesh. The mate- rial shall be traprock or other durable stone. It shall be free from dirt, loam or vegetable matter. Special care must be taken to have the gravel cleaned and washed. The water shall be clean, free from vegetable matter, loam or grease. The steel shall be either medium steel or high carbon steel. In either case the amount of phosphorus shall be less than .08. Medium steel shall answer the following specifications : Ultimate strength, 60,000 to 65,000 pounds. Elongation, 25 per cent, on 8 inch test piece. The rod being bent cold 90 degrees on twice its diameter shall not show any crack on the outside fibers. High carbon steel shall answer the following specifica- ■ tions : Ultimate strength, 90,000 to 110,000 pounds. Elongation, 12 per cent, on 8 inch test piece. The rod being bent cold 45 degrees on twice its diameter shall not show any cracks on the outside fibers. No steel that has been in contact with grease, oil or paint shall be used unless same be entirely cleansed. Rods scaling or pitting from rust shall not be used, but a film of red oxide of iron or rust is entirely acceptable. The cement used shall be Portland cement of an approved brand. It shall be delivered at the building site in original packages. It shall be stored in a water-tight place and special care must be taken that the floor of this place be built up at least 4 inches from the ground. § 112. The contractor shall furnish the test certificate issued by the chemist of the cement mill. At the option of the Building Inspector the cement shall be tested by an ap- proved chemist. Cement manufactured by mills which did not run continuously for three years, at least, shall not be employed. The test shall show that the cement answers the specifications of the American Society of Testing Mate- rials, namely: All tests shall be made in accordance with the methods 154 Code of Ordinances. outlined in the progress report of the special committee of the uniform tests of the American Society of Civil Engineers. § 113. Samples to be drawn from ten per cent, of the packages to be made on the average sample taken. The Building Inspector reserves the right to sample any package in the lot, and to order a re-test made at any time. § 114. The cement must show less than 1.75 per cent, sulphuric anhydride (So 3 ) and less than 3 . 5 magnesia (MgO) . The proportion of lime to silico (SiO 2 ) shall be about three to one. The cement shall be fine and free from lumps. Initial set to be not less than thirty minutes. Final set to be not over eight hours. The determination shall be made with a “ Vicat ” needle apparatus, from pats of normal consistency. The requirements for tensile strength from briquettes one square inch in section, shall show a minimum tensile strength as follows: NEAT CEMENT. One day in air, 6 days in water, 500 pounds. One day in air, 27 days in water, 600 pounds. One part cement, three parts “ Standard ” sand: One day in air, 6 days in water, 150 pounds. One day in air, 27 days in water, 200 pounds. § 115. Pats of neat cement moulded on glass being about # three inches in diameter, one-half inch thick at the centre", and tapering to a thin edge shall be placed in moist air for a period of twenty-four hours. (a) A pat is kept in air at normal temperature. (b) Another pat is kept in water maintained as nearly seventy degrees Fahrenheit as possible. (c) A pat is exposed to the action of an atmosphere of steam and boiling water in a loosely closed vessel for five hours and then placed in boiling water for six hours. These pats shall be observed at intervals and to satis- factorily pass the requirements shall remain firm and hard, and show no signs of distortion, checking, cracking or disintegration. § 116. The concrete shall be deposited in wooden or steel forms. These forms to be strongly erected. The Code of Ordinances. 155 boards shall be of such thickness and supported in such a way as not to yield under the load of concrete and the effect of tamping. § 117. The concrete shall be composed of its volume of one part of cement, three parts of sand and five parts of stone and gravel. It is assumed that one bag of cement measures one cubic foot. The above proportion might be slightly modified according to the amount of voids in the sand and stone used; in any case there will not be less than 1-10 of a barrel of cement per cubic yard of concrete put in place. The aggregate shall be measured in gauged boxes or barrows. The concrete shall be mixed by machine ; in certain cases it might be mixed by hand and then special care must be observed to insure an absolutely thorough mixture. In all cases the mixing shall be such that the concrete shall be of a uniform color. The amount of water to be added to the mixture shall be such as will produce what is known as ‘ ‘ wet concrete ’ ’ ; that is, a concrete which will flow in barrows. § 118. In placing the concrete it shall be well worked by tampers, spades, rods, etc., and special care must be taken to surround all armouring metal by concrete. Care must be taken where the work has been stopped in order to join the new work to the old, using a grout for a bond if necessary. No work shall be stopped at the joining line of slab and beam, unless sufficient rods or stirrups are placed to take all the horizontal shear at this point. Slabs shall be stopped, when necessary, midway between beams, and on resuming work this joint must be carefully cleaned of loose concrete and debris. When concrete is used in the winter time every means shall be employed to allow the first setting of the same to take place in a temperature above freezing; this might be obtained preferably by heating the materials, sand, stone and water. When placed, the concrete shall be properly covered with manure or hay and heated from below by 156 Code of Ordinances. salamanders, etc. Should the concrete be frozen after initial set has taken place great care must be taken not to disturb the centering in any way to injure the concrete. The placing of the steel reinforcements shall be done by intelligent and competent men and special care must also be taken to have the steel at the specified distance from the outside surface of the construction in order to get the full protection for the steel against the action of fire. § 119. The forms shall not be taken down before the concrete has sufficiently hardened so as to have at least two- thirds of its ultimate strength. Suitable props shall remain in position until the construction will not be subjected to concentrated loads. § 120. If directed by the Building Inspector, tests shall be made on the materials and the construction. During the construction 6 inch cubes will be made with the concrete run of the mixer, used in the construction. They will be tested and shall show a crushing strength of at least 2,000 pounds after 30 days. If directed by the Building Inspector the construction when thoroughly hardened shall be tested with a load equal to twice the live load for which it is designed. The Building Inspector will select the beams, girders or slab which shall be tested and the load applied shall cover one of these ele- ments of construction. Under twice the load, the deflection shall not be greater than 1,800 inch per running foot of span. The expense of making the test shall be borne by the owner, but not more than 1-20 of the surface shall be tested. If any more tests are required, the expense for doing same will be borne by the City of Yonkers, except in cases of non- successful results of the tests; then the Building Inspector will require tests of a number equal to the unsuccessful tests made, and should these fail to give good results, the owner will be required to strengthen the construction in such a manner as approved by the Building Inspector. Code of Ordinances. 157 TITLE XIX. FLOOR LOADS, TEMPORARY SUPPORTS, ETC. § 121. The dead loads in all buildings shall consist of the actual weight of walls, floors, roofs, partitions, and all permanent construction. The live or variable loads shall consist of all loads other than dead loads. Every floor shall be of sufficient strength to bear safely the weight to be imposed thereon in addition to the weight of the materials of which the floor is composed. If to be used as a dwelling house, apartment house, apartment hotel, tenement house, hotel or lodging house, each floor shall be of sufficient strength in all parts to bear safely upon every superficial foot of its surface not less than sixty pounds. If to be used for office purposes, not less than seventy- five pounds upon every superficial foot above the first floor, and for the latter floor one hundred and fifty pounds. If to be used as a school or place of instruction, not less than seventy-five pounds upon every superficial foot. If to be used for stable and carriage house purposes, not less than seventy-five pounds upon every superficial foot. If to be used as a place of public assembly, not less than ninety pounds upon every superficial foot. If to be used for ordinary stores, light manufacturing and light storage, not less than one hundred and twenty pounds upon every superficial foot. If to be used as a store where heavy materials are kept or stored, warehouse, factory or for any other manufacturing or commercial purpose, not less than one hundred and fifty pounds upon every superficial foot. The strength of factory floors intended to carry running machinery shall be increased above the minimum given in this section in proportion to the degree of vibratory impulse liable to be transmitted to the floor, as may be required by the Building Inspector. The roofs of all buildings having a pitch of less than 158 Code of Ordinances. twenty degrees shall be proportioned to bear safely fifty pounds upon every superficial foot of their surface, in addi- tion to the weight of materials composing the same. If the pitch be more than twenty degrees, the live load shall be assumed at thirty pounds upon every superficial foot meas- ured on a horizontal plane. For sidewalks between the curb and area lines the live load shall be taken at three hundred pounds upon every superficial foot. § 122. Every column, post or other vertical support shall be of sufficient strength to bear safely the weight of the portion of each and every floor depending upon it for support, in addition to the weight required as before stated to be supported safely upon said portion of said floors. § 123. For the purpose of determining the carrying ca- pacity of columns in dwellings, office buildings, stores, stables, and public buildings when over five stories in height, a re- duction of the live loads shall be permissible as follows: For the roof and top floor the full live loads shall be used. For each succeeding lower floor it shall be permissible to reduce the live load by five per cent, until fifty per cent, of the live loads fixed by this section is reached, when such reduced loads shall be used for all remaining floors. § 124 The weight placed on any of the floors of any building shall safely be distributed thereon. The Building Inspector may require the owner or occu- pant of any building, or of any portion thereof, to re-distribute the load on any floor, or to lighten such load, where he deems it to be necessary. In all stores, warehouses and factories, hereafter to be erected or altered, and all warehouses, storehouses, factories, workshops and stores, where heavy materials are kept or stored or machinery introduced, the weight that each floor will safely sustain upon each superficial foot shall be esti- mated by an architect or civil engineer. The weight that each floor will safely sustain shall be posted by the owner in a conspicuous place on each floor. The strength of the ma- terials shall be ascertained by computation, by the rules of Code of Ordinances. 159 standard authorities on the strength of materials using the fibre stresses herein specified, and for other materials only such numbers as have been reduced from actual experiments on materials of like kinds with that proposed to be used. The data and method of computation must be submitted to the Building Inspector before posting. No person shall place, or cause or permit to be placed on any floor of any building, any greater load than the safe load thereof, as correctly estimated and ascertained as herein provided. § 125. Every temporary support placed under any structure, wall, girder or beam, during the erection, finishing, alteration or repairing of any building or structure or any part thereof, shall be of sufficient strength to safely carry the load to be placed thereon. During the construction or alteration of any building or structure, no material entering into such construction or alteration shall be placed on any floor of any greater weight than the live load that each such floor is intended to safely sustain when the building or structure is completed. TITLE XX. CALCULATIONS— STRENGTH OF MATERIALS. § 126. The dimensions of each piece or combination of materials required shall be ascertained by computation, ac- cording to the rules prescribed by this Code. § 127. The safe bearing load to apply to brick work shall be taken at — Eight tons per superficial foot when lime mortar is used ; Eleven and one-half tons per superficial foot when lime and cement mortar mixed is used; Fifteen tons per superficial foot when cement mortar is used. The safe-bearing load to apply to rubble-stone work shall be taken at — 160 Code of Ordinances. Ten tons per superficial foot when Portland cement is used; When cement other than Portland is used, eight tons per superficial foot; When lime and. cement mortar is used, seven tons per superficial foot; And when lime mortar is used, five tons per superficial foot. The safe-bearing load to apply to concrete shall be taken at — When Portland cement is used, fifteen tons per super- ficial foot; And when cement other than Portland is used, eight tons per superficial foot. § 128. In computing the weight of walls — A cubic foot of brickwork shall be deemed to weigh one hundred and fifteen pounds; Sandstone, white marble, granite and other kinds of building stone shall be deemed to weigh one hundred and seventy pounds per cubic foot. § 129. Where the unit stress for any material is not prescribed in this Code, the relation of allowable unit stress to ultimate strength shall be — As one to four for metals, subjected to tension or trans- verse stress; As one to six for timber; And as one to ten for natural or artificial stones and brick or stone masonry. But wherever working stresses are prescribed in this Code, varying the factors of safety herein above given, the said working stresses shall be used. § 130. In columns or compression members with flat ends of cast iron, steel, wrought iron or wood, the stress per square inch shall not exceed that given in the following tables : When the length divided by least radius of gyration equals Working stresses per square inch of section Steel Wrought iron 8,240 8,820 4,400 5,200' 120 . 110 . Cast iron Code of Ordinances. 161 When the length divided by Working stresses per square least radius of gyration equals inch of section 100 . Cast iron Steel 9,400 Wrought iron 6,000 90.. 9,980 6,800 80-. 10,560 7,600 70 9,200 11,104 8,400 60 9,500 11,720 9,200 50 9,800 12,300 * 10,000 40 10,100 12,880 10,800 30 10,400 13,460 11,600 20 10,700 14,040 12,400 10....... 11,000 14,620 13,200 And in like proportion for intermediate ratios. When the length divided by Working stress per square inch the least diameter equals of section Long leaf yellow pine White pine Norway pine spruce Oak 30 460 350 390 25 550 425 475 20 640 500 560 15 730 575 645 12 784 620 696 10 820 650 730 And in like proportion for intermediate ratios. Five- eighths the value given for white pine shall also apply to chestnut and hemlock posts. For locust posts use one and one-half the value given for white pine. What will be the safe load for a yellow pine post 10"xl0' — 10 feet in length? Length in ins. 120 =12, for which the working stress per square inch of 10 section in the above table is 784. least diameter. The sectional area of a 10"xl0' post is 100 square inches. 162 Code of Ordinances. Sectional area. Working stress. Therefore 100x784=78,400 lbs., or 39.2 tons, safe load. What will be the safe load for a yellow pine post 8"xl0' — 10 feet in length ? Length in ins. 120 =15, for which the working stress per square inch of 8 section in the above table is 730. least diameter. The sectional area of an 8"xl0" post is 80 square inches. Sectional area. Working stress. Therefore 80x730=58,400 lbs., or 29.2 tons, safe load. What will be the safe load for a round yellow-pine col- umn 10" diameter — 10 feet in length? Length in ins. 120 =12, for which the working stress per square inch of 10 section in the above table is 784. least diameter. The sectional area of a 10" round column is 78.54 square inches. Sectional area. Working stress. Therefore 78.54x784 — 61,575 lbs.* or 30.79 tons, safe load. Columns and compression members shall not be used having an unsupported length of greater ratios than given in the tables. Any column eccentrically loaded shall have the stresses caused by such eccentricity computed, and the combined stresses resulting from such eccentricity at any part of the column, added to all other stresses at that part, shall in no case exceed the working stresses stated in this Code. The eccentric load of a column shall be considered to be distributed equally over the entire area of that column at the next point below at which the column is securely braced laterally in the direction of the eccentricity. Code of Ordinances. 163 § 131. The safe carrying capacity of the various ma- terials of construction (except in the case of columns) shall be determined by the following working stresses in pounds per square inch of sectional area: Rolled Steel .. 16,000 Cast Steel.. 16,000 Wrought Iron 12,000 Cast Iron (for short blocks) 16,000 Steel Pins and Rivets (bearing) 20,000 Wrought Iron Pins and Rivets (bearing) 15,000 With Across Grain Grain Oak 900 Yellow Pine 1,000 White Pine 800 Spruce..... 800 Locust 1,200 Hemlock 500 Chestnut 500 Concrete (Portland), cement, 1; sand, 2; stone, 4.... Concrete (Portland), cement, 1; sand, 2; stone, 5.... Concrete (Rosendale), or other equal cement, 1; sand, 2 ; stone, 4 Concrete (Rosendale), or other equal cement, 1; sand, 2 ; stone, 5 Rubble stonework in Portland cement mortar Rubble stonework in Rosendale cement mortar Rubble stonework in lime and cement mortar.. Rubble stonework in lime mortar...,. Brickwork in Portland cement mortar — cement, 1 ; sand, 3... Brickwork in Rosendale or other cement mortar 800 600 400 400 1,000 500 1,000 230 208 127 111 140 111 97 70 250 cement, 1 ; sand, 3 208 Brickwork in lime and cement mortar — cement, 1 ; lime, 1 ; sand, 6 160 Brickwork in lime mortar — lime, 1 ; sand, 4 111 Granites (according to test) ....1,000 to 2,400 Gneiss Stone 1,200 Limestones (according to test) 700 to 2,300 164 Code of Ordinances With Across Grain Grain Marbles (according to test) . 600 to 1,200 Sandstones (according to test) . 400 to 1,600 Bluestone 2,000 Brick (hard-burned, flatwise) 300 Slate 1,000 Rolled Steel... 16,000 Cast Steel. '.. 16,000 Wrought Iron 12,000 Cast Iron 3,000 Yellow Pine 1,200 White Pine. 800 Spruce... 800 Oak 1,000 Hemlock 600 Steel Web Plates 9,000 Steel Shop Rivets and Pins 10,000 Steel Field Rivets 8,000 Steel Field Bolts.... 7,000 Wrought Iron Web Plates.. 6,000 Wrought Iron Shop Rivets and Pins 7,500 Wrought Iron Field Rivets. 6,500 Wrought Iron Field Bolts 5,500 Cast Iron 3,000 With Across Fibre Fibre Yellow Pine 70 500 White Pine. 40 250 Spruce 50 320 Oak..... 100 600 Locust. 100 720 Hemlock..... 40 275 Chestnut.. 150 Rolled Steel Beams. 16,000 Rolled Steel Pins, Rivets and Bolts 20,000 Riveted Steel Beams (net Flange Section) 14,000 Rolled Wrought Iron Beams 12,000 Code of Ordinances. 165 Rolled Wrought Iron Pins, Rivets and Bolts 15,000 Riveted Wrought Iron Beams (net Flange Section) 12,000 Cast Iron, Compression Side . 16,000 Cast Iron, Tension Side 3,000 Yellow Pine 1,200 White Pine 800 Spruce- — 800 Oak 1,000 Locust : 1,200 Hemlock. 600 Chestnut 800 Granites 180 Gneiss Stone.— 150 Limestone 150 Slate 400 Marble 120 Sandstone 100 Bluestone..... 300 Concrete (Portland), cement, 1 ; sand, 2 ; stone, 4.... 30 Concrete (Portland), cement, 1; sand, 2; stone, 5.... 20 Concrete, Rosendale, or equal cement, 1 ; sand, 2 ; stone, 4 iJOtlilUd... 16 Concrete, Rosendale, or equal cement, 1 ; sand, 2 ; stone, 5—.„—.. 10 Brick (hard-burned) 50 Brickwork (in cement) 30 TITLE XXL PUBLIC BUILDINGS, THEATRES AND PLACES OF ASSEMBLAGE. § 132. In all public buildings or buildings of public character, such as hotels, churches, theatres, restaurants, railroad depots, public halls and other buildings used or in- tended to be used for purposes of public assembly, amuse- ment or instruction, and including department stores and other business and manufacturing buildings where large 166 Code of Ordinances. numbers of people are congregated, the halls, doors, stair- ways, seats, passageways and aisles, and all lighting and heating appliances and apparatus shall be arranged as the Building Inspector shall direct to facilitate egress in cases of fire or accident, and to afford the requisite and proper accommodation for the public protection in such cases. All aisles and passageways in said buildings shall be kept free from camp-stools, chairs, sofas and other obstruc- tions, and no person other than an employe or policeman or fireman shall be allowed to stand in or occupy any of said aisles or passageways, during any performance, service, ex- hibition, lecture, concert, ball or any public assemblage. The Building Inspector may at any time serve a written or printed notice upon the owner, lessee or manager of any of said buildings, directing any act or thing to be done or provided in or about the said buildings and the several ap- pliances therewith connected, such as halls, doors, stairs, windows, seats, aisles, fire-walls, fire apparatus and fire- escapes, as he may deem necessary. § 133. Every theatre, opera house, convention hall or other building intended to be used for public entertainments or assemblage hereafter erected, for the accommodation of more than three hundred persons, shall be built to comply with the requirements of this section. No building which at the time of the passage of this ordinance, is not in actual use for the above named purposes shall be so used until made to conform to the requirements of this section. No building shall be opened to the public for theatrical or operatic purposes or for public entertainments of any kind until the Building Inspector shall have approved the same. § 134. Every such building shall have at least one front on the street, and in such front there shall be suitable means of entrance and exit for the audience. In addition to the aforesaid entrances and exits on the street, there shall be reserved for service in case of an emergency, an open court or space on the side not bordering on the street, where said building is located on a corner lot, and on both sides of said building where there is but one frontage on the street. The width of such open court or courts shall not be less than Code of Ordinances. 167 seven feet where the seating capacity is not over one thousand people, above one thousand and not more than eighteen hundred people, eight feet in width, and above eighteen hun- dred people, ten feet in width. Said open court or courts shall begin on a line with or near the proscenium wall, and shall extend the length of the auditorium proper, to or near the wall separating the same from the entrance vestibule. A separate and distinct corridor shall continue to the street, from each open court through such superstructure as may be built on the street side of the auditorium with continuous walls of brick or fire-proof materials on each side of the entire length of said corridor or corridors, and the ceilings and floors shall be fire-proof. Said corridor or corridors shall not be reduced in width to more than three feet less than the width of the open court or courts, and there shall be no projection in the same; the outer openings to be pro- vided with doors or gates opening toward the street. During the performance the doors in the corridors shall be kept open by proper fastenings ; at other times they may be closed and fastened by movable bolts or locks. The said open courts and corridors shall not be used for storage purposes, or for any purpose whatsoever except for exit and entrance from and to the auditorium and stage, and must be kept free and clear during performances. The level of said corridors at the front entrance of the buildings shall not be greater than one step above the level of the sidewalk, where they begin at the street entrance. The main entrance of the building shall not be on a higher level from the sidewalk than the height of four steps. To overcome any difference of level in and between courts, corridors, lobbies, passages and aisles on the ground floor, gradients shall be employed of not more than one foot in twelve with no perpendicular rises. From the auditorium opening into the' said open courts or on the side street, there shall not be less than two exits on each side in each tier from and including the parquet and each and every gallery. § 135. There shall be balconies not less than four feet in width in the said open court or courts at each level or tier above the parquet, on each side of the auditorium, of suffi- cient length to embrace the two exits and from said balconies 168 Code of Ordinances. there shall be staircases extending to the ground level with a rise of not over eight and one-half inches to a step, and not less than nine inches tread exclusive of the nosing. The staircase from the upper balcony to the next below shall not be less than thirty-six inches in width in the clear, and from the first balcony to the ground three feet in width in the clear where the seating capacity of the auditorium is for one thousand people or less, three feet and six inches in the clear where above one thousand and not more than eighteen hun- dred people, and four feet in the clear where above twenty- five hundred people. All the said balconies and staircases shall be constructed of iron throughout, including the floors, and of ample strength to sustain the load to be carried by them, and they shall be covered with a metal hood or awning, to be constructed in such a manner as shall be approved by the bureau. Where one side of the building borders on the street, there shall be balconies and staircases of like capacity and kind, as before mentioned, carried to the ground. When located on a corner lot that portion of the premises bordering on the side street, and not required for the uses of the theatre, if such portion be not more than twenty-five feet in width, may be used for offices, stores or apartments, provided the walls separating this portion from the theatre proper are carried up solidly to and through the roof, and that a fire- proof exit is provided for the theatre, on each tier, equal to the combined width of exits opening on opposite sides in each tier, communicating with balconies and staircases lead- ing to the street in manner provided elsewhere in this section ; said exit passages shall be entirely cut off by brick walls from said offices, stores or apartments, and the floors and ceilings in each tier shall be fire-proof. § 136. No workshop, storage or general property room shall be allowed above the auditorium or stage; or under the same or in any of the fly galleries. All of said rooms or shops may be located in the rear or at the side of the stage, but in such cases they shall be separated from the stage by a brick wall, and the openings leading into said portions shall have fire-proof doors on each side of the openings, hung to iron eyes built into the wall. No portion of any building hereafter erected or altered, used or intended to be used for Code of Ordinances. 169 theatrical purposes, shall be occupied or used as a hotel, boarding or lodging house, workshop or manufactory, or for storage purposes except as herein provided. Said restriction relates not only to that portion of the buildings which con- tain the auditorium and the stage, but applies also to the entire structure in conjunction therewith. No store or room contained in the building, or the offices, stores or apartments adjoining as aforesaid, shall be let or used for carrying on any business dealing in articles designated as especially hazardous in the classification of the Underwriters’ Associa- tion of New York State, or for manufacturing purposes. No lodging accommodations shall be allowed in any part of the building communicating with the auditorium. Interior walls built of fire-proof materials shall separate the auditorium from the entrance vestibule and from any room over the same, also from any lobbies, corridors, refreshment or other rooms. § 137. All staircases for the use of the audience shall be enclosed with walls of brick, or of fire-proof materials approved by the Building Inspector, in the stories through which they pass, and the openings to said staircases from 7 each tier shall be the full width of each staircase. No door shall open immediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such door. A fire-wall, built of brick, shall sep- arate the auditorium from the stage, and the same shall extend at least four feet above the stage roof, or the audi- torium roof, if the latter be higher, and shall be coped. Above the proscenium opening there shall be an iron girder of sufficient strength safely to support the load above, and the same shall be covered with fire-proof materials to pro- tect it from the heat. Should there be constructed an or- chestra over the stage above the proscenium opening, the said orchestra shall be placed on the auditorium side of the proscenium fire-wall, and shall be entered only from the auditorium side of the proscenium fire-wall. The moulded frame around the proscenium opening shall be formed en- tirely of fire-proof materials; if metal be used, it shall be filled in solid with non-combustible material and securely anchored to the wall with iron. 170 Code of Ordinances. § 138. The proscenium opening shall be provided with* fire-proof metal curtain, or a curtain of asbestos, interwoven or reinforced by wire netting or otherwise strengthened, or other fire-proof material approved by the Building Inspector, sliding at each end within iron grooves securely fastened to the brick wall, and extending into such grooves, to a depth of not less than six inches in each side of the opening. Said fire-proof curtain shall be raised at the commencement and lowered at the close of each performance, and shall be op- erated by such machinery and provided with such appliances to force said curtain down in case of emergency as the Building Inspector may approve. The proscenium curtains shall be placed at least three feet distant from the footlights at the nearest point. § 139. No doorway or opening through the proscenium wall, from the auditorium, shall be allowed above the level of the first floor and such first floor openings shall have standard fire-doors on each face of the wall, and the doors shall be hung so as to be opened from either side at all times. § 140. There shall be provided over the stage, metal skylights of an area or combined area of at least one-twelfth the area of said stage, fitted up with sliding or hinged sash, fitted with thin glass, with wire netting underneath, each pane measuring not less than three hundred square inches, the whole of said skylight to be so constructed as to open instantly, on the cutting or burning of a hempen cord, by which said skylight is held closed, or some other device ap- proved by the Building Inspector. All that portion of the stage not comprised in the working of the scenery, traps and other mechanical apparatus, for the presentation of a scene, usually open to the width of the proscenium opening, shall be built of iron or steel beams filled in between with fire- proof material, and all girders for the support of said beams shall be of wrought iron or rolled steel. § 141. The fly galleries entire, including pin rails, shall be constructed of iron or steel and the floors of said galleries shall be composed of iron or steel beams, filled with fire-proof materials and no wood boards or sleepers shall be used as Code of Ordinances. 171 covering over beams, but the said floors shall be entirely fire-proof. The rigging loft shall be fire-proof. § 142. All stage scenery, curtains and decorations made of combustible material, and all woodwork on or about the stage, shall be painted or saturated with some non -com- bustible material, or otherwise rendered safe against fire, and the finishing coats of paint applied to all woodwork throughout the entire building shall be of such a kind as will resist fire to the satisfaction of the Building Inspector. § 143. The roof over the auditorium and vestibule, also the entire floor of the second story of the front superstructure over the entrance, lobby and corridors, and all galleries and supports for the same in the auditorium shall be constructed of iron or steel, and fire-proof materials, not excluding the use of wood floor boards and necessary sleepers to fasten the same to, but such sleepers shall not mean timbers of support, and the space between the sleepers, except the portion under the stepping galleries, which shall be properly fire -stopped, shall be solidly filled with incombustibles up to the under side of the floor boards. The fronts of each gallery shall be formed of fire-proof materials, except the capping, which may be made of wood. The ceiling under each gallery shall be constructed entirely of fire-proof materials. The ceiling of the auditorium shall be formed of fire-proof materials. All lathing, whenever used, shall be of wire and other metal. The partitions in that portion of the building which contains the auditorium, the entrance and vestibule and every room and passage devoted to the use of the audience, shall be constructed of fire-proof materials, including the furring of outside or other walls. None of the walls or ceilings shall be covered with wood sheathing, canvas or any combustible material. But this shall not exclude the use of wood wains- coting to a height not to exceed six feet, which shall be filled in solid between the wainscoting and the wall with fire-proof materials. § 144. The walls separating the actors’ dressing rooms from the stage and the partitions dividing the dressing rooms, together with the partitions of every passageway from the same to the stage and all other partitions on or about the 172 Code of Ordinances. stage, shall be constructed of fire-proof material approved by the Building Inspector. All doors in any of said parti- tions shall be fire-proof. All shelving and cupboards in each and every dressing room, property or other storage rooms, shall be constructed of metal, slate or some fire-proof ma- terial. Dressing rooms may be placed in the fly galleries, provided that proper exits are secured therefrom to the fire escapes in the open courts and that the partitions and other matters pertaining to dressing room shall conform to the requirements herein contained, but the stairs leading to the same shall be fire-proof. All dressing rooms shall have an independent exit leading directly into a court or street, and shall be ventilated by windows in the external wall; and no dressing room shall be more than one story below the street level. § 145. All windows shall be arranged to open, and none of the windows in outside walls shall have fixed sashes, iron grills or bars. All seats in the auditorium, excepting those contained in the boxes, shall be not less than thirty-two inches from back to back, measured in a horizontal direction, and firmly secured to the floor. No seat in the auditorium shall have more than six seats intervening between it and an aisle on either side. All platforms in the galleries formed to receive the seats shall be not more than twenty-one inches in height of riser, nor less than thirty-two inches in width of platform. § 146. All aisles on the respective floors in the audito- rium, having seats on both sides of same, shall be not less than three feet wide where they begin and shall be increased in width towards the exits in the ratio of one and one-half inches to five running feet. Aisles having seats on one side only shall not be less than two feet wide at their beginning and increased in width the same as aisles having seats on both sides. § 147. The aggregate capacity of the foyers, corridors, passages and rooms for the use of the audience, not including aisle space between seats shall, on each floor or gallery, be sufficient to contain the entire number to be accommodated Code of Ordinances. 173 on said floor or gallery, in the ratio of one hundred and fifty superficial feet of floor room for every hundred persons. § 148. Gradients or inclined planes shall be employed instead of steps where possible to overcome slight difference of level in or between aisles, corridors and passages. § 149. Every theatre accommodating three hundred persons shall have at least two exits, and when accommo- dating five hundred persons, at least three exits, these exits not referring to or including the exits to the open court at the side of the theatre. Doorways of exit or entrance for the use of the public shall be not less than five feet in width, and for every additional one hundred persons or portions thereof, to be accommodated, in excess of five hundred, an aggregate of twenty inches additional exit width must be allowed. All doors of exit or entrance shall open outwardly and be hung to swing in such a manner as not to become an obstruction in a passage or corridor, and no such doors shall be closed and locked during any representation, or when the building is open to the public. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place for exit and entrance may serve for the main floor of the auditorium and the first gallery provided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery. § 150. No passage leading to any stairway communi- cating with any entrance or exit shall be less than four feet in width in any part thereof. All stairs within the building shall be constructed of fire-proof material throughout. Stairs from balconies and galleries shall not communicate with the basement or cellar. All stairs shall have treads of uniform width and risers of uniform height throughout in each flight. Stairways serving for the exit of fifty people shall be at least four feet wide, between railings, and for every additional fifty people to be accommodated six inches must be added to their width. The width of all stairs shall be measured in the clear between hand rails. In no case shall the risers of any stairs exceed seven and a half inches in height, nor shall the treads, exclusive of nosings, be less than ten and one-half inches wide in straight stairs. No> 174 Code of Ordinances. circular or winding stairs for the use of the public shall be permitted. Where the seating capacity is for more than one thousand people, there shall be at least two independent staircases, with direct exterior outlets, provided for each gallery in the auditorium, where there are not more than two galleries, and the same shall be located on the opposite side of said galleries. Where there are more than two galleries one or more additional staircases shall be provided, the outlets from which shall communicate directly with the principal exit or other exterior outlets. All said staircases shall be of width proportionate to the seating capacity as elsewhere herein prescribed. Where the seating capacity is for one thousand people, or less, two direct lines of staircases only shall be required, located on opposite sides of the gal- leries, and in both cases shall extend from the sidewalk level to the upper gallery, with outlets from each gallery to each of said staircases. At least two independent staircases, with direct exterior outlets, shall be also provided for the service of the stage, and shall be located on the opposite sides of the same. All inside stairways leading to the upper galleries of the auditorium shall be enclosed on both sides with walls of fire-proof materials. Stairs leading to the first or lower gal- lery may be left open on one side, in which case they may be constructed as herein provided for similar stairs leading from the entrance hall to the main floor of the auditorium. But in no case shall stairs leading to any gallery be left open on both sides. When straight stairs return directly on them- selves, a landing of the full width of both flights, without any steps, shall be provided. The outer line of landings shall be curved to a radius of not less than two feet, to avoid square angles. Stairs turning at an angle shall have a proper landing without winders introduced at said turn. In stairs, when two flights connect with one main flight, no winders shall be introduced, and the width of the main flight shall be at least equal to the aggregate width of the side flights. All stairs shall have proper landings introduced at convenient distances. All inclosed staircases shall have on both sides, strong hand-rails firmly secured to the wall about three inches distance therefrom and about three feet above the stairs, but said hand-rails shall not run on level platforms Code of Ordinances 175 and landings where the same is more in length than the width of the stairs. All staircases eight feet and over in width shall be provided with a centre handrail of metal not less than two inches in diameter, placed at a height of about three feet above the center of the treads, and supported on wrought metal or brass standards of sufficient strength, placed not nearer than four feet nor more than six feet apart, and securely bolted to the treads or risers of stairs, or both, and at the head of each flight of stairs, on each landing the post or standard shall be at least six feet in height, to which the rail shall be secured. § 151. Every steam boiler which may be required for heating or other purposes shall be inclosed by walls of masonry on all sides, and the ceiling of such space shall be constructed of fire-proof materials. All doorways in said walls shall have fire-proof doors. No floor register for heat- ing shall be permitted. No coil or radiator shall be placed in any passageway used as an exit; but all said coils and radiators shall be placed in recesses formed in the wall or partition to receive the same. All supply, return or exhaust pipes shall be properly incased and protected where passing through floors or near woodwork. § 152. Stand-pipes four inches in diameter shall be provided with hose attachments on every floor and gallery as follows: One on each side of the auditorium in each tier, also on each side of the stage in each tier, and at least one in the property room and one in the carpenter’s shop, if the same be contiguous to the building. Said stand-pipes shall be separate and distinct, receiving their supply of water directly from the city water mains, and shall be fitted with the regulation couplings of the fire department, and shall be kept constantly filled with water by said means or by means of automatic power pump or pumps of sufficient capacity to supply all the lines of hose when operated simultaneously, and shall be kept clear of obstruction and ready for immediate use at all times during a performance in said building. A separate and distinct system of automatic sprinklers, ap- proved by the Building Inspector, supplied with water from the stand-pipes, shall be placed each side of the proscenium 176 Code of Ordinances. opening and on the ceiling or roof over the stage at such intervals as will protect every square foot of stage surface when said sprinklers are in operation. Automatic sprinklers shall also be placed, wherever practicable, in the dressing rooms, under the stage, and in the carpenter shop, paint rooms, store rooms and property rooms. A proper and sufficient quantity of two and one-half inch hose not less than one hundred feet in length, fitted with the regulation couplings of the fire department and with nozzles attached thereto, and with hose spanners at each outlet, shall always be kept attached to each hose attachment. There shall also be kept in immediate readiness for use on the stage, at least four casks full of water, and two buckets to each cask. Said casks and buckets shall be painted red. There shall also be provided hand-pumps or other portable fire extinguishing apparatus and at least four axes, and two twenty-five foot hooks, two fifteen foot hooks, and two ten foot hooks on each tier or floor of the stage. § 153. Every portion of the buildings devoted to the uses or accommodation of the public, also all outlets leading to the streets, and including the open courts and corridors, shall be well and properly lighted during every performance, and the same shall remain lighted until the entire audience has left the premises. All gas or electric lights in the halls, corridors, lobby or any other part of said buildings used by the audience, except the auditorium, must be controlled by a separate shut-off located in the lobby, and controlled only in that particular place. Gas mains supplying the building shall have independent connections for the auditorium and the stage, and provisions shall be made for shutting off the gas from the outside of the building. When interior gas lights are not lighted by electric spark other suitable appli- ances to be approved by the Building Inspector shall be pro- vided. All suspended or bracket lights surrounded by gas, in the auditorium or in any part of the building de- voted to the public, shall be provided with proper wire netting underneath. No gas or electric light shall be inserted in the walls, wood-work, ceilings or any part of the building unless protected by fire-proof materials. All lights in passages and Code of Ordinances. 177 corridors in said buildings, and wherever deemed necessary by the Building Inspector, shall be protected with proper wire network. The foot-lights, in addition to the wire net- work, shall be protected with a strong wire guard and chain, placed not less than two feet distance from said foot-lights, and the trough containing said foot-lights shall be formed of and surrounded by fire-proof material. All border lights shall be constructed according to the best known methods subject to the approval of the Building Inspector and shall be suspended for ten feet by wire rope. All ducts or shafts used for conducting heated air from the main chandelier, os from any other light or lights, shall be constructed of metal and made double, with air space between. All stage lights shall have strong metal wire guards or screens, not less than ten inches in diameter, so constructed that any material in contact therewith shall be out of reach of the flames of said stage lights, and must be soldered to the fixtures in all cases. The stand-pipes, gas pipes, electric wires, hose, foot-lights and all apparatus for the extinguishing of a fire or guarding against the same, as in this section specified, shall be under the control of the Building Inspector. § 154. A diagram or plan of each tier, gallery or floor, showing distinctly the exits therefrom, each occupying a space not less than fifteen square inches, shall be printed in black lines in a legible manner on the program of every per- formance. Over every exit on the inside, shall be the word “ EXIT,” painted in legible letters not less than eight inches high. §155. Over all exits must be provided a small red light which shall be kept burning during each performance and shall be controlled by a circuit separate from the other lights of the house. § 156. The Commissioner of Public Safety shall assign to every theatre one or more firemen for duty at each public performance. They shall report to the Commissioner of Public Safety all violations of law relating to the construction or management of theatres, the existence of which will in- volve danger to the public. 178 Code of Ordinances. TITLE XXII. BUILDINGS RAISED, LOWERED, ALTERED OR MOVED. § 157. Within the fire limits it shall not be lawful for the owner or owners of any brick dwelling house with eight- inch walls or of any frame building already erected that has a peaked roof, to raise the same for the purpose of making a flat roof thereon, unless the same be raised with the same kind of materials as the building, and unless such new roof be covered with fire-proof material nor, where such building is of frame and adjoins a frame building, unless there is a clear space of at least three (3) feet in width between such adjoining buildings, or in the absence of such space, that the frame walls of the frame building to be raised, which adjoin the frame walls of such other frame building, be filled in solidly with not less than two and one-half ( 2 %) inches of brickwork. And provided that such building, when so raised, shall not exceed thirty-six (36) feet in height to the highest part thereof. All such buildings must exceed twenty-five (25) feet in height to the peak of the main roof before the said alteration and raising. In increasing the height of any such building the entire area which such building covers may be raised to a uniform height. § 158. If any such building has an extension of less width than the main building the same may be increased in width to the full width of the main building, with the same kind of material and to the same height as the main building. Any such building may be extended either on the front or rear to a depth of not more than twenty feet and not more than the width of the building, and not more than two stories and basement in height, with the same kind of material as the building; provided, however, that where the building to be enlarged in accordance with the provisions of this section is of frame, and adjoins a frame building, it shall not be so Code of Ordinances. 179 enlarged unless there is a clear space of at least three (3) feet in width between such adjoining buildings, or, in the absence of such space, unless the frame walls of the frame buildings to be enlarged, which adjoin the frame walls of such other frame building, be filled in solidly with not less than two and one-half ( 2 inches of brickwork. § 159. If any building shall have been built before the street upon which it is located is graded, or if the grade is altered such building may be raised or lowered to meet the requirements of such grade. § 160. Within the fire limits no frame building more than two stories in height, now used as a dwelling, shall hereafter be raised or altered to be used as a factory, ware- house or stable. § 161. No wood building within or without the fire limits shall be moved from one lot to another until a state- ment setting forth the purpose of said removal and the uses to which said building is to be applied is filed with the Building Inspector, and a permit obtained therefor. No wood building shall be moved from without to within the fire limits. • § 162. Within the fire limits no brick building shall be enlarged or built upon unless the exterior walls of said ad- dition or enlargement be constructed of incombustible ma- terials; provided, however, that such brick building may be raised, lowered or altered under the same circumstances, and in the manner provided for in this Code. TITLE XXIII. FIRE LIMITS. § 163. No frame or wooden building shall be erected within the following described boundaries, viz: BEGINNING at the point of intersection of the bulk- head line of the City of Yonkers in the Hudson River with a point in a line drawn parallel with and distant 100 feet 180 Code of Ordinances. southerly from the southerly side of Lamartine avenue ; thence running easterly and still along said line distant 100 feet south of the southerly side of Lamartine avenue to the center line of the Croton Aqueduct ; thence south still along said line to a point in a line drawn parallel with and distant 100 feet north of the northerly side of Ashburton avenue; thence easterly and still along said line to a point in a line drawn parallel with and distant 100 feet westerly from the westerly side of St. Joseph’s avenue; thence northerly still along said line to a point in a line drawn parallel with and distant 100 feet northerly from the northerly side of High street ; thence easterly still along said line to a point in a line drawn parallel with and distant 100 feet westerly from the westerly side of Orchard street; thence northerly still along said line to a point in a line drawn parallel with and distant 100 feet southerly from the southerly side of Glenwood. avenue; thence southwesterly and still along said line to a point in a line drawn parallel with and distant 100 feet easterly from the easterly side of Ridge avenue ; thence northerly and still along said line to a point in a line drawn parallel with and distant 100 feet northerly from the north- erly side of Lake avenue; thence easterly and- still along said line to a p.oint in a line drawn parallel with and distant 100 feet easterly from the easterly side of Nepperhan avenue; thence southerly and still along said line to a point in a line drawn parallel with and distant 100 feet northerly from the northerly side of Ashburton avenue ; thence easterly and still along said line to a point on a line drawn parallel with and distant 100 feet southerly from the southerly side of Yonkers avenue; thence westerly to a line 100 feet from the easterly side of Walnut street; thence southerly along said line and along a line drawn parallel with and distant 100 feet easterly from the easterly side of Walnut street to a point in a line- drawn parallel with and distant 100 feet southerly from the easterly prolongation of Poplar street; thence westerly still along said line and along a line drawn parallel with and distant 100 feet southerly from the southerly side of Poplar street to a point in a line drawn parallel with and distant 100 1 feet easterly from the easterly side of Oak street; thence southerly along said line and along a line drawn parallel with Code of Ordinances. 181 and distant 100 feet easterly from the southerly prolongation of Oak street to a point in a line drawn parallel with and distant 100 feet northerly from the northerly side of the easterly prolongation of Alta avenue; thence westerly and still along a line drawn parallel with and distant 100 feet northerly from the northerly side of the easterly prolonga- tion of Alta avenue and of the northerly side of Alta avenue to a point in a line drawn parallel with and distant 100 feet westerly from the lands of the Putnam Division of the New York Central and Hudson River Railroad company; thence southerly along said line to a point in a line drawn parallel with and distant 100 feet southerly from the southerly side of McLean avenue; thence westerly and still along said line to a point in a line drawn parallel with and distant 100 feet easterly from the easterly side of South Broadway; thence southerly along said line to the southerly line of the City of Yonkers; thence westerly still along said southerly line of the City of Yonkers to a point in a line drawn parallel with and distant 100 feet westerly from the westerly side of South Broadway; thence northerly along said line to a point in a line drawn parallel with and distant 100 feet southerly from the southerly side of Morris street; thence westerly along said line to a point in a line drawn parallel with and distant 100 feet westerly from the westerly side of Riverdale avenue; thence northerly along said line to a point in a line drawn parallel with and distant 100 feet southerly from the south- erly side of Ludlow street; thence westerly along said line and to the bulkhead line of the Hudson river, and thence northerly along said bulkhead line to the point or place of beginning. No apartment or tenement house exceeding forty feet in height shall hereafter be constructed within the City of Yonkers so as to constitute a frame building within the meaning of Section 13 of this Code, nor shall any frame building which shall exceed forty feet in height be used as apartment or tenement house. 182 Code of Ordinances. TITLE XXIV. FRAME STRUCTURES, SIGNS AND SHOW BOARDS. § 164. The provisions, in this Title contained, shall apply to buildings and structures, whether temporary or permanent, withih. the fire limits, as the said fire limits now are or from time to time may hereafter be established. § 165. Temporary one-story frame buildings for the uses of builders, within the limits of lots whereon buildings are in course of erection, or on adjoining vacant lots, or platforms, stands, election booths, and circus or exhibition tents, intended for temporary use only, may be erected, upon permit issued by the Building Inspector, but not otherwise; but no such permit shall authorize the maintenance of such temporary building or other structure for a period exceeding three months from the date of said permit, unless said permit be renewed by the Building Inspector from time to time for consecutive periods not exceeding three months. § 166. Fences of wood, any portion of which shall be distant less than ten (10) feet from any public street or dis- tant less than 30 feet from any building, shall not be erected over ten (10) feet high above the surface of the ground, and shall be properly supported and braced so as to be - safe. All fences of any character shall be erected wholly within the building line. § 167. Signs and show boards may be placed on the fronts of buildings, running parallel thereto, and projecting not more than one foot from the front wall thereof, or may be hung or attached at an angle to the front of buildings, and projecting not more than six (6) feet therefrom. No sign shall, however, project beyond the curb line of the street or be less than ten (10) feet in the clear above the level of the sidewalk in front of the building to which it is attached. All signs or show boards to which there is attached or fastened an electric light or wire or connection shall be con- structed entirely of metal, including the uprights, supports Code of Ordinances. 183 and braces for the same, properly and firmly attached to the building, and shall be so constructed and attached as not to be or become dangerous, and no such sign or show board, to which there is attached or fastened an electric light or wire or connection, shall be constructed or erected adjacent to a dwelling house without the consent of the owner, occupant or agent thereof. No sign or show board attached to the front of any building shall contain more than thirty (30) square feet. Every sign or show board erected on the roof or above the front wall or cornice line of any building shall be securely braced and fastened, and shall not extend above the roof to a height more than double the distance between any point on the edge of the roof and the portion of said sign or show board nearest thereto, nor, in respect to any sign or show board erected above the front wall or cornice line of any building, to a greater height than ten (10) feet; provided, however, that nothing herein contained shall restrict the height of any sign or show board erected on the roof of any building, to less than ten (10) feet. Before any sign or show board shall be placed upon the front, or on the roof or above the front wall or cornice line of any building, a plan and specification of said sign or show board and of the manner of attaching the same, as provided by Section 2 of this Code, shall be filed with and be approved by the Building Inspector, and a permit therefor by him issued; and a bond in such penal sum not exceeding two thousand ($2,000.00) dollars as may be fixed by the Building Inspector, approved as to sureties by the Mayor and as to form by the Corporation Counsel, shall be filed with the Building Inspector, conditioned for the payment to the City of Yonkers of any loss or damage incurred by reason of said sign or show board or the erection or maintenance thereof. If the Building Inspector shall at any time deem any fence, bill board, sign or show board dangerous or unsafe, he may on five (5) days’ notice revoke the permit therefor, and the same shall be removed forthwith by the owner. § 168. Signs or bill boards of wood or metal erected upon uprights or other supports extending into the ground 184 Code of Ordinances. shall be properly supported and braced, and shall not be more than ten (10) feet in height. Before any wood or metal sign or bill board shall be placed in position, a permit shall first be obtained from the Building Inspector, in accordance with the provisions of Section 2 of this Code. § 169. Drop-awnings, without vertical supports, are permitted on the front of any building, but the same shall not in any case extend more than six (6) feet beyond the building line, and shall be at least seven (7 ) feet in the clear above the sidewalk. § 170. Piazzas or balconies of wood which do not ex- ceed 12 feet in width on buildings other than frame buildings may be erected, provided a permit from the Building In- spector be granted therefor. The roofs of all piazzas shall be covered with some fire proof material. § 171. Every wood or frame building within the fire limits with a brick or other front, which may hereafter be damaged to an amount not greater than one-half of the value thereof, exclusive of the valuation of the foundation thereof at the time of such damage, may be repaired or rebuilt; But if such damage shall amount to more than one-half of such value thereof, exclusive of the value of the founda- tion, then such building shall not be repaired or rebuilt, but shall be taken down, except as provided in this Code. § 172. The provisions of the following sections of this title shall apply to frame or other buildings hereafter erected outside of the fire limits, as the same are now or may here- after be established, in portions of the City of Yonkers, where streets are now and where they may hereafter be legally established. §173. Three-story frame buildings may be erected to a height not exceeding forty feet, said height being taken from the curb-line, where same exists, at the center of front or side of building on which main entrance to upper floors is located. Where the walls of a building do not adjoin the street Code of Ordinances. 185 or building line the average level of the ground on which the building stands may be taken in place of the curb-line. The measurement for height shall be to the highest point of roof-beams in case of flat -roof buildings, and to the average height of gable or roof in case of pitched roofs. Towers, turrets and minarets of wood may be erected to a height not to exceed ten feet greater than the foregoing limited height. § 174. The framing of all wooden buildings may be done in either of the styles known as balloon or mortise and tenon. If done in the balloon style the upright framing shall be sheathed with boards not less than seven-eighths of an inch thick. In no case shall a balloon frame be used unless sheathing of at least seven-eighths of an inch in thick- ness is used. No frame building shall hereafter be erected unless there be a clear space of at least three feet from another frame building, or in the absence of such a space unless a brick wall be used on the side of the building adjoining said frame building of a thickness hereinbefore prescribed. In all cases when balloon framing is used pieces must be cut in between the upright framing at each floor line to form a good and sufficient fire stop. If done in the mortise and tenon style, the upright fram- ing may be sheathed or not ; if not sheathed, the framing to be braced with as long angle braces as possible from sills to girts, and from girts to plates or from corner posts (Braces cut in between studs shall not be permitted.) The corner posts of any style of frame buildings must not be less than four by six (4x6) inches; girts or ribbon pieces for balloon frame, one and one quarter by four and a half (1X X 4K) inches of yellow pine; girts or interstices for mortise and tenon style to be not less than four by four (4x4) inches ; sills for all styles of framing to be not less than three by six (3x6) or four by four (4x4) inches. In the erection of wooden buildings in blocks of two or more, the said buildings shall have dividing or party walls of brick, not less than eight inches thick, or the party partitions shall be filled with brick or concrete, said walls to extend from the foundation to the roof. 186 Code of Ordinances § 175. Frame buildings may be altered, extended, raised or repaired, provided the new portions comply with the provisions of this Code. § 176. Frame buildings veneered on the outside with four inches of brick or stone work shall be deemed frame buildings, but such brick or stone work shall be supported on a continuous foundation of masonry, and shall be properly anchored to the frame structure. The height of any such veneered building shall not exceed three (3) stories,. TITLE XXV. BUILDING INSPECTOR. § 177. The Building Inspector shall examine all build- ings in the course of erection as often as practicable, and shall make written reports to the Commissioner of Public Safety, including all violations of this Code, together with the street and number where such violations are found, the name of the owner, agent or contractor, and other matters relative thereto. The inspectors of buildings shall, under the direc- tion of the Commissioner of Public Safety, examine all buildings damaged by fire or accident ; a record shall be made of all walls or buildings found unsafe or dangerous, with the. name of the owner or agent, and the street and number where such dangerous walls or buildings exist. VIOLATIONS, PENALTIES AND PROCEEDINGS— UN- SAFE BUILDINGS. § 178. The violation of any of the provisions of this Code, or failure to comply therewith, shall constitute a mis- demeanor, punishable by a fine which shall not exceed one hundred and fifty ($150.00) dollars, or by imprisonment not exceeding one hundred and fifty days, or by both such fine and imprisonment, and the owner or owners of any building, structure or part thereof, or wall, or any platform, staging or Code of Ordinances. 187 flooring to be used for standing or seating purposes, where any violation of this Code shall be placed, or shall exist, and any architect, civil engineer, builder, plumber, carpenter, mason, contractor, sub-contractor, foreman or any other person who may be employed or assist in the commission of any such violation, and any and all persons who shall violate any of the provisions of this Code or fail to comply therewith, or any requirements thereof, or who shall violate, or fail to comply with, any order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications or plans, submitted and approved thereunder or of any certificate or permit issued thereunder, shall be severally liable for each and every such violation and non- compliance; provided, however, that notice of such violation or non-compliance shall first be given as hereinafter pre- scribed, and shall not have been complied with within two (2) days thereafter. § 179. All the officials of the Department of Buildings, so far as it may be necessary for the performance of their respective duties, have the right to enter any building or premises in the City of Yonkers upon showing their badge of office. § 180. Whenever the Building Inspector is satisfied that any building or structure, or any portion thereof, or any drainage or plumbing, the erection, construction or alteration, execution or repair of which is regulated, permitted or forbidden by this Code, is being erected, constructed, altered or repaired, or has been erected, constructed, altered or repaired, in violation of, or not in compliance with any of the provisions or requirements of this Code, or in violation of any detailed statement or specifications or plans sub- mitted and approved thereunder, or of any certificate or permit issued thereunder, or that any provision or require- ment of this Code, or any order or direction made thereunder, has not been complied with, or that plans and specifications for plumbing and drainage have not been submitted or filed as required by this Code, the Building Inspector may in his discretion through the Corporation Counsel institute any appropriate action or proceeding, at law or in equity, in 188 Code of Ordinances. behalf of the city, to compel compliance with, or to restrain by injunction such violation of the provisions of this Code, notwithstanding the penalties hereinabove provided for such violations. § 181. All notices of the violation of any of the pro- visions of this Code, and all notices directing anything to be done, required by this Code, and all other notices that may be required or authorized to be issued thereunder, including notice that any building, structure, premises, or any part thereof, are deemed unsafe or dangerous, shall be issued by the Building Inspector, and shall have his name affixed thereto, and may be served by any officer or employe of the Department of Buildings or by any person authorized by the said Department. All such notices may be served by delivering to and leaving a copy of the same with any person violating, or who may be liable under any of the several provisions of this Code, or to whom the same may be addressed, or by mailing the same to such person at his last known place of residence, inclosed in a securely closed, postpaid wrapper, and deposited in the post office or in any post office box regularly maintained by the government of the United States and under the care of the post office of the City of Yonkers, or, if such person be a non-resident or cannot be found after diligent search shall have been made for him or if his place of residence be unknown, then such notice may be served by posting the same in a conspicuous place upon the premises where such violation is alleged to have been placed or to exist, or to which such notice may refer or which may be deemed unsafe or dangerous, which shall be equivalent to a personal service of said notice upon all parties for whom such search shall have been made. Such notice shall contain a description of the building’ premises or property on which such violation shall have been put or may exist, or which may be deemed unsafe or danger- ous, or to which such notice may refer. § 182. Any building or buildings, part or parts of a building, staging or other structure in the City of Yonkers, that from any cause may now be, or shall at any time here- Code of Ordinances. 189 after become dangerous or unsafe, may be taken down and removed, or made safe and secure, in the following manner: Immediately upon such unsafe or dangerous building or buildings, or part or parts of a building, staging or structure, being so reported by any of the officers of said Department of Buildings, the same shall be immediately entered upon a docket of unsafe buildings to be kept by the Building In- spector. And the owner, or some of the owners, executors, ad- ministrators, lessees, agents, or any other person or persons who may have a vested or contingent interest in the same, may be served with a printed or written notice containing a description of the premises or structure deemed unsafe or dangerous, requiring the same to be made safe and secure, or removed as the same may be deemed necessary by the Building Inspector. Which said notice shall require the person or persons thus served to immediately certify to the said Inspector his or their assent or refusal to secure or remove the same. If the person or persons so served with notice shall im- mediately certify his or their assent to the securing or re- moval of said unsafe or dangerous building, premises or structure, he or they shall be allowed until one o’clock p. m., of the day following the service of such notice, in which to commence the securing or removal of the same; and he or they shall employ sufficient labor and assistance to secure or remove the same as expeditiously as the same can be done. But upon his or their refusal or neglect to comply with any of the requirements of said notice so served, the Building Inspector shall forthwith certify to the Common Council the fact of such refusal and neglect to secure or remove such unsafe or dangerous building, premises or structure, and that such building, premises or structure is dangerous to human life, and should be rendered safe or be razed and demolished, as the case may be, and the Inspector of Buildings shall also forthwith cause the necessary work to be done and materials to be furnished to render said building or buildings, premises or structure or structures safe and secure, or he may, in his discretion, where the public safety requires it, cause the same to be razed and demolished, and, for the purposes aforesaid, 190 Code of Ordinances. it shall be the duty of the Commissioner of Public Works and of the Commissioner of Public Safety, when called upon by the Inspector of Buildings, to co-operate with the employees, tools and materials of their respective departments to perform such work as speedily as possible. The cost of such work,, labor and materials shall constitute a debt of the owner of such building or buildings, premises or structure or structures to the City of Yonkers, the same to be sued for and recovered by the city in a civil action. TITLE XXVI. EXISTING SUITS AND LIABILITIES— INVALIDITY OF ONE SECTION NOT TO INVALIDATE ANY OTHER. § 183. Nothing in this Code contained shall be con- strued to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Code. § 184. The invalidity of any section or provision of this Code shall not invalidate any other section or provision thereof. ARTICLE XIX. GOVERNING THE CONSTRUCTION AND LICENSING OF VAULTS AND CISTERNS IN THE CITY OF YONKERS. Section 1. The Commissioner of Public Works, on ap- plication for that purpose, is empowered to give permission to construct or make any vaults or cisterns in the streets or to continue the existence of any such already constructed or Code of Ordinances. 191 made, provided, in the opinion of said Commissioner, no injury or unwarranted inconvenience will accrue to the city or the public thereby. § 2. Every description of opening below the surface of the street in front of any shop, store, house or other building or any lot, if covered over, shall be considered and held to be a vault or cistern within the meaning of this ordinance; and the master builder, or owner, or person for whom the same shall be made or constructed shall be liable to the provisions, payments and penalties of this ordinance severally and respectively; provided, however, that this section shall not be construed to refer to areaways or to openings for gas, electric or water service pipes or conduits. § 3. No person shall cause or procure any vault or cistern to be constructed or made in any of the streets of the City of Yonkers without the written license therefor of the Commissioner of Public Works under the penalty of a fine of one hundred ($100.00) dollars for such violation of this ordinance and the additional penalty of a fine of ten ($10.00) dollars for each day during which said work of con- struction shall proceed without a license therefor and, in addition, he shall fill in the space occupied by such vault, and restore the ground to its former condition; in default whereof, the said Commissioner shall perform such work and the cost thereof shall constitute a debt of such person to the City of Yonkers, the same to be sued for and recovered by the city in a civil action. § 4. Every application for such license to construct or make such vault or cistern, shall be in writing, and signed by the person making the same, with his address, and the location of such proposed vault or cistern, shall state the number of square feet of ground which is required for such vault or cistern, the intended length and width of the same, and the number of square feet in any retaining wall necessary to retain or support the adjoining ground or street. Every such application shall be kept on file in the office of the Commissioner of Public Works as a public record, and a reference thereto, with the date of filing thereof, shall appear on every license issued on every such applica- 192 Code of Ordinances. tion; and no person, except the owner of such vault or cistern, or of the premises in front of which it shall be placed shall be entitled to make such application. § 5. Before obtaining any such license, the person so applying therefor shall pay to the Commissioner of Public Works such sum of money as the Commissioner shall certify in said license to be a just compensation to the city for such privilege, calculated at the rate of not less than fifty (50) cents, nor more than one dollar and a half ($1.50) per foot, for each square foot of ground mentioned as. required for such vault or cistern, and shall also deliver a bond to the City of Yonkers, with two sureties, in an amount to be de- termined by the Commissioner of Public Works, which shall be at least twice the amount estimated by said Commissioner to be the cost of filling in the space occupied by such vault or cistern and restoring the ground to its former condition, conditioned for the payment to said city of any cost or dam- age occasioned it by said filling in and restoration of said ground and for all costs and charges of any action which the city may bring thereon, and for keeping the pavement, af- fected by constructing such vault or cistern, secure and in good order and repair for one year after the completion of such vault or cistern, which said bond shall be approved by the Corporation Counsel as to form before the obtaining of such license ; provided, however, that in fixing the license fee and determining the amount of the bond, above mentioned,, the number of square feet included in any wall necessary to support and maintain the adjoining ground or street, shall be excluded from such calculation and estimation, except that the number of square feet included in any partition wall of any such vault or cistern shall not be so excluded from such calculation or estimation. § 6. In case of the revocation of any such license, the Commissioner of Public Works is hereby authorized, em- powered and directed to fill in the space occupied by any such vault or cistern, the license for which shall have been revoked, and to restore the ground to its former condition,, and thereupon to notify the Corporation Counsel thereof and of the cost of such filling-in and restoration work, who shall Code of Ordinances. 193 at once bring an action against all the parties on the bond accompanying any such license or the owner of such vault or cistern or of the premises in front of which the same shall be placed severally and respectively for the recovery of the said cost to which the city shall have been put; provided, however, that before the said Commissioner shall so notify the Corporation Counsel, or proceed to fill in and restore said ground in any case, he shall notify the person whose license shall have been revoked, to himself do such filling-in and restoration, and giving the reason for such revocation, within ten days thereafter, and upon the failure of such notice to be observed within such time, said Commissioner shall immediately thereafter proceed with such work of filling-in and restoration. § 7. No person shall construct or make, or cause or permit to be constructed or made, any vault or cistern which shall extend further than the line of the sidewalk or curbstone of any street, under penalty of a fine of one hun- dred ($100.00) dollars, and the filling-in of such excessive space in accordance with the provision of. this ordinance at his expense and, in addition, the Commissioner of Public Works may revoke his license. § 8. It shall be the duty of every person for whom any vault or cistern may be in process of construction to procure the same to be measured by a competent surveyor of the City of Yonkers, and to deliver to the Commissioner of Public Works a certificate of the said measurement, signed by said surveyor, before the arching of such vault or cistern shall be commenced under penalty of a fine of one hundred ($100.00) dollars. The enlargement, or increase in size of any such vault or cistern shall be construed to be an original new -and independent and separate construction and shall be governed by the provisions of this article as in the case of an original, new and independent and separate construc- tion thereof, except that the fee for such enlargement shall be based only on the measurement of such enlargement. § 9. If it shall appear by such certificate or otherwise, that such vault or cistern occupies a greater number of square feet than shall have been paid for as aforesaid, the 194 Code of Ordinances. owner of such vault or cistern, and the master-builder by whom or under whose direction such vault or cistern shall have been constructed, shall, in addition to the penalty im- posed by this ordinance, severally and respectively forfeit and pay twice the sum previously paid for each square foot of ground occupied by such vault or cistern over and above the number of square feet paid for on obtaining the license, and, in addition, the Commissioner of Public Works may revoke said license, if, in his opinion, the circumstances of the case so require. § 10. All vaults or cisterns shall be constructed of brick, stone or concrete, and the outward side of any opening into the street shall be placed at a point to be designated by the Commissioner of Public Works, under penalty of a fine of one hundred ($100.00) dollars, to be paid by the owner of the land to which said vault shall belong or person making or causing the same to be made severally and respectively. §11. All openings in the roofs of vaults shall be covered with glass set in iron frames, each unit of glass to measure not more than sixteen square inches, or with iron covers having a rough surface and rabbeted into or made flush with the sidewalk, under penalty of a fine of twenty-five ($25.00) dollars, to be paid by the owner of the land to which such vault shall belong, or the person making or causing the same to be made, severally and respectively. § 12. Every owner or occupant of any house or lot of ground within the City of Yonkers, before which any vault, pit, hole, cistern or well shall be constructed or made, and every person making or having charge of any such vault, pit, hole, cistern or well, shall during the whole of every night while any such vault, pit, hole, cistern or well shall be opened or uncovered, cause the same to be guarded and enclosed with a strong box or curb at least three feet high and a lighted lamp or lantern to be placed and kept thereon and so as to cast a red light upon such vault, pit, hole, cistern or well during the whole of every night, under penalty of a fine of twenty-five ($25.00) dollars for each night said vault, pit, hole, cistern or well shall fail to be so guarded and enclosed and so lighted. Code of Ordinances. 195 § 13. All vaults and cisterns shall be completed and the ground closed over them within three weeks after their construction is commenced, under the penalty of a fine of five ($5.00) dollars for every day thereafter during which the same shall remain uncompleted and unenclosed, to be paid by the owner or builder of the same, severally and respect- ively, unless an extension of time shall be granted by the Commissioner of Public Works who is empowered to fill in and restore the space occupied by said vaults or cisterns on ten days’ written notice to the owner thereof so to do in the manner prescribed in Section 6 of this article, if, in his opinion, the public interests so require. § 14. Every person owning any vault or cistern in the City of Yonkers, which has been heretofore constructed or made pursuant to any ordinance heretofore enacted, or other- wise in accordance with law, shall apply for a license for the continued existence thereof, or fill in the space occupied thereby and restore the ground to its former condition. The procedure to be followed in every such case shall be the same as that prescribed herein for an application for license to construct or make any such vault, or cistern, except that all the provisions of this article relative to measurements, payment of license fees and giving of bond shall be construed as relating to a completed structure, and due credit shall be given for any payment heretofore made to the city for any such construction. In the event of the failure of any such person to apply for such license, or to fill in the vault space and restore the ground, or in the event of the denial of any such application for license, the Commissioner of Public Works shall notify such owner in writing to make such appli- cation or fill in such space and restore the ground within ten days from the date of such notice, and upon default thereof said Commissioner shall proceed to fill in such space and restore such ground, and the cost of such filling-in and restoration shall constitute a debt of such owner to the City of Yonkers, the same to be sued for and recovered by the city in a civil action; provided, however, that said Commis- sioner is empowered to waive the requirements of this article as to building material and manner of construction as to 196 Code of Ordinances. vaults or cisterns lawfully constructed prior to the taking effect of this ordinance, if, in his opinion, the public interests so permit. § 15. No application for the construction or making of any vault or cistern in the City of Yonkers or for the con- tinued existence of any such already constructed or made, shall be granted if in the opinion of the Commissioner of Public Works, the public interests require its denial. § 16. In addition to the penalties herein prescribed, the Commissioner of Public Works may revoke any and all licenses for any such vaults or cisterns if, in his opinion, the public interests so require. § 17. In case of the denial of any such application, or the revocation of any such license by the Commissioner of Public Works, as permitted by Sections 15 and 16 of this article, he shall notify said applicant, or the licensee whose license shall have been so revoked, or the denial of said ap- plication, or revocation of such license as the case may be, in writing, giving his reason for such denial or revocation. § 18. In case of the denial by the Commissioner of Public Works of an application for any such license, or of its revocation by him, as herein provided, the applicant therefor, or holder of the license which may have been so revoked, may appeal from the decision of said Commissioner to the Board of Estimate and’ Apportionment of the City of Yonkers. Such appeal shall be in writing, giving the address of, and verified by the oath of the appellant, and one original copy thereof shall be served personally upon the clerk of said board, the Commissioner of Public Works and upon the Corporation Counsel of the City of Yonkers, and at the same time the appellant shall pay to the said clerk of said board the sum of ten ($10.00) dollars. Such appeal shall include a copy of the application for such license, with its date of filing in the office of the Commissioner of Public Works a copy of such license in case a license shall have been issued, and a copy of the reasons relied on by the Commissioner of Public Works as justifying him in denying the application, or in revoking such license, as the case may be. Such service Code of Ordinances. 197 with the payment of the said sum of ten ($10.00) dollars, shall act as a stay in preventing said Commissioner from filling in and restoring the space occupied by any such vault or cistern which shall have been constructed or made pur- suant to any such license, or which may have been heretofore •constructed or made pursuant to any ordinance heretofore •enacted, or otherwise in accordance with law, until the de- cision of the Board of Estimate and Apportionment on said appeal. The decision of said Board shall be entered on the minutes thereof, and a copy thereof, over the signature of its clerk, mailed to the Commissioner of Public Works and the Corporation Counsel, and also to said appellant at his address given by his appeal, and a majority vote of said Board of Estimate and Apportionment shall decide. In case the decision of said board shall be in favor of the appellant the said sum of ten ($10.00) dollars, paid by him to the clerk •of said Board shall forthwith be returned to him. The de- cision of the Board of Estimate and Apportionment shall be final and if in favor of appellant, the Commissioner of Public Works shall forthwith issue the license or reinstate the license revoked, as the case may be; provided, however, that if previous to such appeal, the said Commissioner shall have any work performed or material supplied toward the filling-in of any such vault and restoring the ground, the cost thereof and of any action which may have been begun for the re- covery thereof, must first be paid to said Commissioner with interest. § 19. All notices required by this article to be given by the Commissioner of Public Works shall be in writing, directed to the person addressed at his last known place of residence as shown by the record in the office of the said Commissioner, and enclosed in a securely closed, post paid wrapper and deposited in the post office or in any post office box regularly maintained by the Government of the United States and under the care of the post office of the City of Yonkers. § 20. The Commissioner of Public Works shall provide the necessary books of blank forms of license for issue under the provisions of this article. Each license form shall be 198 Code of Ordinances. in duplicate and numbered consecutively, one of which shall be for delivery to the licensee, and the other to remain in stub form, in the license book. Each form shall provide space for the insertion thereon, in addition to the other matters required by this article, of the date of its issue, name of licensee with his address, the location of the pro- posed or completed vault or cistern, the actual or intended number of square feet of the vault or cistern or of any en- largement thereof, with actual or intended length and width thereof, and the actual or intended number of square feet of any wall necessary to retain or support the adjoining ground or street, the rate per square foot of license fee, the amount paid as such license fee, the kind of material of which such vault or cistern is or shall be constructed, and the location of the outward side of the opening and the material of which the covering thereof is or shall be made. At the top of each license and duplicate thereof shall appear the words, “ Office of the Commissioner of Public Works,. City of Yonkers, N. Y. — Vault License,” and each duplicate of every license shall be a true copy thereof. Every such book of duplicate licenses shall be carefully preserved in the office of said Commissioner and shall constitute a public record. § 21. All existing licenses, permits or consents for the construction of any vault or cistern in the City of Yonkers, heretofore granted pursuant to or by virtue of any ordinance of said city heretofore enacted or otherwise in accordance with law, are hereby repealed, vacated and annulled. ARTICLE XX. MAINTENANCE AND USE OF GARAGES. Section 1. Whenever the word “ approved ” occurs in this article it shall be deemed to mean approved by the' Commissioner of Public Safety. Whenever the words “ vola- tile inflammable liquid ” occurs in this article it shall be deemed to mean any liquid which will emit an inflammable Code of Ordinances. 199 vapor which will flash at a temperature below one hundred .and ten degrees Fahrenheit when tested in the closed pyro- meter of G. Tagliabue. Whenever the word “ garage ” occurs in this article it shall be deemed to mean that portion of a building in which any motor vehicle, motor cycle, motor bicycle, or other wheeled vehicle carrying volatile inflammable liquid is kept, whether said motor vehicle, motor cycle, motor bicycle, -or other wheeled vehicle be kept for use, for sale, for rental, for exhibition, or for demonstration purposes, and all that portion of a building which is on or below the floor or floors on which such motor vehicle, motor cycle, motor bicycle, or other wheeled vehicle is kept and is not separated there- from by tight fire-walls and floors without openings. All walls shall be considered without openings if the doors and windows therein are protected by self closing slow burning doors or windows. § 2. No motor vehicle, motor cycle, motor bicycle, or other wheeled vehicle carrying volatile inflammable liquid shall be placed in a building which has not been licensed by the Commissioner of Public Safety. § 3. Licenses to keep or maintain a garage and keep •calcium carbide shall be issued by the Commissioner of Public Safety in accordance with and subject to the pro- visions prescribed by this article, for a period of one year, in the case of public garages unless sooner revoked by said Commissioner for a violation of any of the provisions of this article and in case of private garages such license shall con- tinue until revoked by said Commissioner for a violation of any of the provisions of this article. All applications for such licenses shall be made in writing to the Inspector of Combustibles upon blanks to be furnished by the Bureau of Combustibles. Every such application must state the name, residence and place of business of the applicant, the location and dimensions of the garage, the quantity of volatile inflammable liquid and calcium carbide to be stored, dimensions of storage tanks and their location, and manner of construction, and number of safety cans, and air-tight containers for calcium carbide, to be kept, and the location 200 Code of Ordinances. of any pump and air-tight containers for calcium carbide. No application beyond the first need be made except in the case of a change of conditions, and every license issued shall be continued upon payment of the required fee and where an inspection discloses that the provisions of this article have been complied with. No license shall be issued to any applicant until the premises therein mentioned as intended to be used as a garage and for the storage or keeping of any volatile inflammable liquid or calcium carbide shall have been examined by the Inspector of Combustibles and approved by the Commissioner of Public Safety, whose duty it shall be to see that all pumps, storage tanks and air-tight containers for calcium carbide shall be located with all proper regard to safety and that as large a free and open space as possible be maintained around them. Every such license may be revoked at any time by the Commissioner of Public Safety for a violation of any of the provisions of this article and said Commissioner shall notify such licensee or applicant in writing of the reasons relied on by him for revoking such license or for denying such application there for, as the case may be. In case of the denial by the Commissioner of Public Safety of an application for any such license, or of its re- vocation by him, the applicant therefor, or holder of the license which may have been so revoked may appeal from the decision of said Commissioner to the Board of Estimate and Apportionment of the City of Yonkers. Such appeal shall be in writing, giving the address of, and verified by the oath of the appellant, and one original copy thereof shall be served personally upon the Clerk of said Board and the Commissioner of Public Safety. Such appeal shall include a copy of the application for such license, with its date of filing in the office of the Inspector of Combustibles, a copy of such license in case a license shall have been issued and revoked, and a copy of the reasons relied on by the Commissioner of Public Safety in denying the application, or in revoking the license, as the case may be, and such reasons as the appellant may care to state as justifying the appeal. Such service, within ten days of the date of noti- Code of Ordinances. 201 fication of such licensee by said Commissioner of the revo- cation of such license, shall act as a stay of such revocation until the decision of the Board of Estimate and Apportion- ment on such appeal, and no appeal shall be taken later than 30 days from the date of the notification of such ap- plicant or licensee by said Commissioner. The decision of said Board shall be entered on the minutes thereof, and a copy thereof, over the signature of its Clerk, mailed to the Commissioner of Public Safety and the appellant, at his address given by his appeal. The decision of the Board of Estimate and Apportionment shall be final, and if in favor of the appellant, the Commissioner of Public Safety shall forthwith issue the license, or withdraw the revocation and reinstate the license revoked, as the case may be. No license shall be issued for a building occupied in any part as a dwelling, a hospital, a theatre, a church, a school, a hotel, an apartment hotel, a lodging house, an apartment house, a tenement house, a boarding house, a factory, a mill, a manufactory, a workshop, an asylum or institution for the care or treatment of individuals, or a store, or where at any one time more than ten people congregate in a portion of the building that is outside of the garage and is not sep- arated therefrom by approved fire walls and floor without openings; except a store for the sale of automobiles, and automobile supplies, but in such cases not more than five gallons of volatile inflammable liquid shall be kept in any one motor vehicle and not more than ten gallons of volatile inflammable liquid shall be contained all together in the vehicles, cycles and bicycles mentioned in Section 2 hereof; provided, however, that a license may be issued for a private garage in a building occupied as a dwelling by the family of the owner of the garage, or an employee. Such license shall authorize the keeping of volatile inflammable liquid in underground storage tanks, of a capacity not in excess of five hundred and sixty gallons each, or in approved safety cans of not more than ten gallons of volatile inflammable liquid in each can and not more than one hundred and twenty pounds of calcium carbide in air-tight containers. Such license shall be issued for a public garage at an annual fee of ten ($10.00) dollars and may authorize the keeping of 202 Code of Ordinances. volatile inflammable liquid and calcium carbide in the quan- tities above mentioned, and of motor vehicles, motor cycles, motor bicycles, or other wheeled vehicles carrying volatile inflammable liquid, and also the sale of calcium carbide and volatile inflammable liquid for filling the tanks of motor vehicles, motor cycles, and motor bicycles, by transferring such liquid from underground storage tanks into the tanks of such motor vehicles, motor cycles, or motor bicycles on the premises of the garage by hose connections only. Such license shall be issued for a private garage without the expense of an annual license fee, and may authorize the keeping of volatile inflammable liquid and calcium carbide in the quan- tities above mentioned, and of motor vehicles, motor cycles, motor bicycles and other wheeled vehicles carrying volatile inflammable liquid, provided that all such vehicles, cycles and bicycles are kept for the licensee’s individual use, and are neither rented out nor used to carry passengers for hire, but shall not authorize the sale of volatile inflammable liquid or calcium carbide; provided, however, that such licensee may temporarily keep in such private garage not more than one other such vehicle, cycle or bicycle not owned by said licensee, and provided further that the pro- visions of this article shall not apply to a private garage unless the same is within ten feet of a building which is occupied as a dwelling in which more than five people cus- tomarily abide and sleep, and provided further that a shed with not more than two enclosed sides where any such vehicle, cycle or bicycle is kept only for protection from the elements and is not habitually kept there at night shall not be deemed a garage within the meaning of this ordinance. § 4. Standard safety cans for storing volatile inflam- mable liquid in a garage shall be of a capacity of ten gallons or less, and when not in use shall be placed outside of the building at least ten feet from any other building or struc- ture or wooden fence, or in drip pans in the garage. Tanks of motor vehicles, cycles and bicycles containing not more than ten gallons of volatile inflammable liquid when the outlet pipe of such tank is fitted with a ground key and such key is turned so that the said volatile inflammable Code of Ordinances. 203 liquid cannot flow out of said tank through said outlet and the filling opening of such tank is closed, shall be con- sidered Standard Safety Cans and are allowed under the provisions of this ordinance. § 5. Portable filling tanks for transporting volatile in- flammable liquids from the storage tank to a motor vehicle, motor cycle or motor bicycle may be used under the fol- lowing conditions: 1. Application in writing must be made to the In- spector of Combustibles for a special permit to be granted in the case of each such tank to be used. 2. Such tanks, when not in use, must be kept outside of the building at least ten feet from any other building or structure or wooden fence, or with drip pans under them in the garage, with drip pans leading outside of the building away from any inflammable material. 3. The construction of the tanks, and their carriages must conform to the following specifications and must otherwise meet the approval of the Commissioner of Public Safety : Each tank shall, if cylindrical, have concave heads, the body one-eighth inch mild steel, the heads of the same ma- terial, three-sixteenths of an inch in thickness. If rectan- gular, the tank shall be made of three-sixteenths of an inch thick, mild steel throughout. All joints shall be riveted and caulked and all pipe connections shall be reinforced. The capacity of each tank shall not exceed . fifty gallons. Each tank shall be carried on a strong iron frame, firmly attached to it and provided with rubber tired wheels. The tank shall be discharged by pumping and not by air pressure, and the outlet shall be free from leakage when the pump is not working. No hose attached to the tank shall be more than eight feet in length, and all hose connections shall be Keystone brass unions. Appeals from denials or revocations of special permits by the Commissioner of Public Safety shall be governed by the provisions of Section 3 of this article as in the case of denials of applications for or the revocations of licenses. 204 Code of Ordinances. § 6. The delivery of volatile inflammable liquid to a garage shall be made in daylight only and shall be made in approved barrels or safety cans or from an approved tank wagon. § 7. The barrels or safety cans in which volatile in- flammable liquid is delivered to a garage shall immediately be placed alongside of the intake of the filling pipe and emptied into the storage tank by means of a pump, siphon or funnel and removed from the premises forthwith. § 8. Approved tank wagons delivering volatile in- flammable liquid to a garage shall be provided with a metallic or other approved hose. Such wagons shall not enter the building and shall couple the hose to the filling pipe connec- tion outside of the building or where the tank is outside of the building, the same can be filled by funnel or other suit- able means. § 9. Storage tanks shall: a. Not be placed or installed until the application therefor shall have been approved by the Commissioner of Public Safety as provided by Section 3 of this article. b. Not be placed under a sidewalk or in a sidewalk area unless it shall be shown to the satisfaction of the Com- missioner of Public Safety that there are physical conditions which make it impracticable to place it elsewhere ; nor inside any building which is more than one story high or which has a cellar or basement. c. Not have a capacity in excess of five hundred and sixty gallons. d. Be made of galvanized iron or steel of at least one- eighth of an inch in thickness when of a capacity not exceed- ing two hundred and eighty gallons and of galvanized iron or steel of at least one-fourth of an inch in thickness when of a capacity exceeding two hundred and eighty gallons, be coated on the outside with tar or other rust-resisting ma- terial, have all joints tightly caulked, have all pipe con- nections at the top and be buried at least two feet under ground, except such as are already in place and are buried not less than eighteen inches under ground, and shall be Code of Ordinances. 205 imbedded in and surrounded by at least twenty-four inches, of clean, sharp sand, well tamped into place, and be pro- vided with a filling pipe, a vent pipe, and a drawing off pipe ; provided, however, that no storage tank installed in a garage as a part of a hydraulic storage system shall be required to have a vent pipe. No tank shall be placed so that its top shall be below the drawing off point. § 10. The vent pipe shall be made of one inch or larger wrought iron pipe with heavy iron fittings and screw joints made with litharge and glycerine. It shall be connected with the top of the storage tank, and if the latter be inside the building or under the sidewalk said pipe shall be carried up to the outer air at least ten feet above the roof, and provided with two screens of thirty mesh brass wire gauze at or near the tank connection, and capped with a double goose neck with openings covered with a screen of one- sixteenth inch mesh brass wire gauze. § 11. The filling pipe shall be made of two inch or larger wrought iron pipe with heavy iron fittings and screw joints made with litharge and glycerine and provided with a screen of thirty mesh brass wire gauze placed not more than two inches below the filling cock or valve. The filling pipe shall be closed at the intake by a filling cock or valve or screw cap which shall be kept closed when not in use and said pipe shall be connected with the top of the storage tank or with the valve connecting therewith and shall extend down to the bottom of the storage tank and shall be also at an uniform grade so that it will drain empty into the tank and shall be carried up and terminated with the intake and filling cock or valve in the pump. § 12. Pumps for delivering volatile inflammable liquid shall have a shut off valve, with ground key on the nozzle, a check valve between pump and nozzle, a screw stuffing box for the pump rod which shall be higher than the outlet of the pump. No such pump shall be placed in the cellar or basement of any building, or in an area between a building and a sidewalk, or under a sidewalk or within the stoop line, if any. 206 Code of Ordinances. § 13. A metal drip pan shall be kept under every motor vehicle, motor cycle, motor bicycle, or other wheeled vehicles carrying volatile inflammable liquid in every garage, the floor of which is not composed of cement. § 14. Every garage shall be ventilated in an approved manner. § 15. Filling stations shall be located in a garage at least ten feet distant from the entrance, shall have a floor of solidly tamped earth, cement, or other fireproof material, graded down to a centre, and unconnected with the sewer or drainage system of the building. The floor shall be kept free from volatile inflammable liquid by sponging or swab- bing. The room shall be kept free from inflammable vapors either by natural or forced ventilation. § 16. No volatile inflammable liquid shall be kept within thirty feet in a direct line from any stove, forge, torch, boiler, furnace, flame, fire, or fire heat, and no artificial light (except inclosed electric light) shall be used or allowed in a garage, or in any portion of the building on or below the topmost floor of the garage that is not separated from the garage by fire walls and floors, without openings, or standard automatic closing fire-doors kept closed. § 17. All fire and lights on a motor vehicle, motor cycle and motor bicycle, or under the boiler of a motor vehicle, shall be extinguished after bringing the same into a garage within door closing distance, and shall not be lit while the same is in the garage, except for the purpose of moving the same out of the garage. § 18. Movable incandescent electric lights in a garage shall be protected by approved metal cages, and shall be fitted with keyless sockets. All electric plugs and switches shall be permanently located at least four feet above the floor. § 19. Smoking shall not be allowed, and is absolutely prohibited in any room or place in which a volatile inflam- mable liquid is kept, or in any room or hall opening into such room or place. A sign bearing the words “NO SMOK- ING” on a white background in black letters, at least three inches in height, shall be displayed in a conspicuous place Code of Ordinances. 207 and manner on every floor and at every entrance to the garage, and in every room and hall opening into a room or place in which a volatile inflammable liquid is kept or in which a motor vehicle, motor cycle, motor bicycle, or other wheeled vehicle carrying a volatile inflammable liquid is kept. § 20. No volatile inflammable liquid .shall be used in a garage for cleaning or for any purpose whatsoever other than filling the tanks of motor vehicles, motor cycles, motor bicycles, or other wheeled vehicles, or allowed to run upon the floor or to fall or pass into the drainage system of the garage, or be put into or removed from the tank of any motor vehicle, motor cycle or motor bicycle while any light or fire on the same is burning, or be carried or kept in open vessels. All volatile inflammable liquids or oils removed by swabbing or sponging up spilled liquid or oil shall be placed in an approved safety can of not over five gallons capacity, and all quantities in excess of five gallons shall be returned to the underground storage tank or removed from the prem- ises forthwith. All volatile inflammable liquids and oils escaping from any receptacle shall be immediately swabbed or sponged up. § 21. Self closing metal cans set firmly on four inch legs shall be kept on all floors for the purpose of holding all inflammable waste material. § 22. Calcium carbide shall be kept in air-tight metal packages, which shall be kept at least. six inches above the floor in a water-tight container provided with a securely fastened cover. § 23. One chemical fire-extinguisher which will extin- guish gasolene flames shall be provided for each two motor vehicles, motor cycles, motor bicycles, or other wheeled vehicles carrying volatile inflammable liquid, and kept handy in places convenient for quick use in case of fire. § 24. Every licensed vendor of volatile inflammable liquids shall render to the Inspector of Combustibles each week a statement, verified as to its correctness by an affidavit of such vendor, covering deliveries for the week to places within the City of Yonkers. The statement shall indued 208 Code of Ordinances. all deliveries of such liquid in quantities of five gallons or more, and shall be in detail as follows: (a) Date of delivery; (b) Name of buyer; (c) Place of delivery; (d) Number of gallons, name and gravity of liquid; provided, however, that no such statement need be made of deliveries of such liquid made by such vendor by filling the tank of any motor vehicle, motor cycle, or motor bicycle. Such statement shall be on a form to be provided by the Inspector of Combustibles, and shall be delivered to the Inspector of Combustibles by mail or messenger not later than the second business day in each week. § 25. It shall be the duty of the officers and members of the police and fire departments to report to their imme- diate superiors, and of such superiors to report to the Com- missioner of Public Safety, all violations of any of the pro- visions of this article which shall be noticed by them, or which shall be brought to their attention; and it shall be the duty of said Commissioner of Public Safety to cause all such violations to be remedied and stopped and the pro- visions of this article to be complied with and the violators thereof prosecuted. § 26. Any person, the members of any firm or co- partnership, the officers of any joint stock association, mem- bership corporation, or corporation, who or which shall violate any of the provisions of this article shall be guilty of a misdemeanor and liable to a fine not exceeding one hundred and fifty ($150.00) dollars, or to imprisonment not exceeding one hundred and fifty days, or to both such fine and imprisonment. § 27. It shall be the duty of the Commissioner of Public Safety of the City of Yonkers to see that all of the provisions of this article are complied with, all violations of such provisions remedied and stopped, and all violators of any of such provisions prosecuted. § 28. The Commissioner of Public Safety shall have power and authority when in his judgment the conditions so require or warrant, to permit openings in fire walls if Code of Ordinances. 209 said openings are equipped with non-combustible doors, windows or shutters which will close automatically. § 29. The Commissioner of Public Safety shall have power and authority when in his judgment the conditions so require or warrant, to waive any of the provisions of this article. § 30. The Commissioner of Public Safety may in his discretion where the conditions so require or warrant, order the installation in any sewer connection leading from the wash stand of a garage of a trap which will separate volatile inflammable liquid or oils from water or other liquid passing through said sewer connection into a public sewer. ARTICLE XXL THE USE, SALE, STORAGE, GIVING OR TRANSPOR- TATION OF EXPLOSIVES IN THE CITY OF YONKERS. Section 1. The Bureau of Combustibles is hereby created, the same to be under the cognizance, jurisdiction, supervision and control of the Commissioner of Public Safety, and shall form a Bureau in the Department of Public Safety. The Inspector of Combustibles shall be the head of the Bureau of Combustibles. § 2. No person, firm or corporation shall have, keep, sell, use (except as employee), give away or transport within the corporate limits of the City of Yonkers, any gunpowder, blasting powder, gun cotton, dynamite, nitro-glycerine, or any substance or compound or mixture or article having properties of such character that alone or in combination or contiguity with other substances or compounds it may decompose suddenly and generate sufficient heat, or gas or pressure or all of them to produce rapid flaming combustion or administer a destructive blow to surrounding persons or property, unless he or it shall have been duly licensed so to do as hereinafter provided. 210 Code of Ordinances. § 3. Licenses for the period of one year for any or all of the aforesaid purposes shall be issued to applicants there- for by the Commissioner of Public Safety, shall be graded in accordance with the amount of explosives as aforesaid pro- posed to be stored or used, and shall be issued only upon the payment of the fees, and upon the filing of a bond as herein prescribed. (a) A license of the first class shall entitle the holder to store or use not exceeding two hundred and fifty (250) pounds of explosives in any one day, and shall be granted on payment of a fee of $25.00 and the filing of a bond in the penal sum of five thousand ($5,000.00) dollars; provided^ however, that the Commissioner of Public Safety may issue special permits to holders of first class licenses to store in underground fire-proof magazines, more than two hundred and fifty (250) pounds of explosives upon the filing of an additional bond or bonds, as aforesaid in the penal sum of twenty-five hundred ($2,500.00) dollars for each 250 addi- tional pounds, or part thereof, proposed to be stored; such magazine shall be constructed to meet the approval of the said Commissioner and shall be located only in places desig- nated by the Commissioner of Public Safety, and not more than two thousand (2,000) pounds of explosives shall be stored in any one magazine. A special magazine shall be in charge of three trustworthy and reliable keepers or watch- men, one of whom shall be present at all times. (b) A license of the second class shall entitle the holder to store or use not exceeding one hundred (100) pounds of explosives in any one day, and shall be granted on payment of a fee of $15.00, and the filing of a bond in the penal sum of two thousand ($2,000.00) dollars. (c) A license of the third class shall entitle the holder to store or use not exceeding fifty (50) pounds of explosives, in any one day, and shall be granted on payment of a fee of seven dollars and fifty cents ($7.50), and the filing of a bond in the penal sum of one thousand ($1,000.00) dollars. I 1. Applications for Licenses and Permits must be made in duplicate in writing to the Inspector of Combustibles^ upon blank forms to be furnished by the Bureau of Com- Code of Ordinances. 211 bustibles. The applications must give the name, residence and place of business of the applicant, the nature of the site where the work is to be performed, the intended location of the magazine or magazines, and the quantity and kind of explosives or detonators to be kept therein. If approved, and the license or permit is issued, the original applications shall remain on file in the bureau, and the duplicate shall be returned to the applicant with his license or permit, showing any changes or modifications which may have been made in his application before its approval. If disapproved, both original and duplicate shall be returned to the applicant, with the privilege to him to file a new application from which the objectionable features of the first application shall have been eliminated; provided, however, that the Com- missioner of Public Safety shall have the right to make such changes in all applications as may, in his judgment, be neces- sary to protect the public safety. No license shall be issued to any applicant proposing to keep or store explosives or detonators until the magazine in which it is proposed to store or keep such explosives or detonators shall have been examined and approved by the Inspector of Combustibles. § 5. No license shall be issued to any applicant pro- posing to engage in the business of selling explosives or transporting Ihe same within the City of Yonkers, or to give away explosives within said city, except on payment of a fee of twenty-five ($25.00) dollars and the filing of a bond in the penal sum of five thousand ($5,000.00) dollars; pro- vided that if transportation is proposed to be made by wagon an additional bond in the sum of five thousand ($5,000.00) dollars for each and every wagon so proposed to be used, shall be given. § 6. Any license or permit may be revoked by the Commissioner of Public Safety if, in his judgment, the holder thereof has violated any of the provisions hereof, or of such other regulations pertaining to explosives as may hereafter be lawfully made and enacted, or if, in his judgment, the public safety may require it. In case there be a deviation from the terms of the license or permit, brought about by any change of condition on adjoining property not under the 212 Code of Ordinances. control of the holder of the license or permit, immediate notice of the said change of condition shall be given to the Inspector of Combustibles, and if said change do not unduly endanger the public safety, the conditions of the license or permit may be amended. § 7. Licenses or permits are not transferable; and in. case of the change of the owner of a business carried on under a license or a permit, the new owner must obtain a new license or permit, to be issued directly to himself. § 8. The heads of the various city departments shall be regarded as licensees under these regulations and shall be subject to the same regulations with regard to the obtaining of permits for work in specific localities and with regard to the requirements for certificates of fitness of their employees, who may conduct such work as are applicable to all other parties, except that the giving of bonds, and the payment of fees shall not be required. § 9. All explosives, explosive compounds, or mixtures- of explosive articles, fireworks, fireworks composition, signal composition, signals, or any other articles, the use, sale or keeping of which within the City of Yonkers is prohibited shall be subject to seizure, and after seizure, shall, upon three days’ notice to the owner or claimant, be sold, and the pro- ceeds of such sale, after deducting all expenses therefrom, shall be forfeited and paid over to and for the use and benefit of the Pension Funds of the Police and Fire Departments, in equal shares; or all said articles shall be destroyed, if in the discretion of the Inspector of Combustibles the public safety shall so demand. Such notice previous to sale may be either personal, or in writing directed to the owner or claimant at his address last known to the Inspector of Combustibles, inclosed in a securely closed post-paid wrapper, and deposited in the post office or in post office letter box regularly maintained by the government of the United States and under the care of the post office of the City of Yonkers. § 10. All bonds herein required shall be conditioned for the payment to the City of Yonkers, or to any person Code of Ordinances 213 entitled thereto of any loss, damage or injury resulting to persons or property by reason of the use, storage, sale, giving away or transportation of said explosives, and for the strict and full compliance with the provisions hereof, and with such other regulations pertaining to explosives as may hereafter be lawfully made and enacted, and shall be approved as to sureties by the Commissioner of Public Safety, and as to form by the Corporation Counsel, and shall be filed with the City Cle~k. § 11. There shall be appointed by the Mayor an In- spector of Combustibles, who shall be a man experienced in the handling and use of explosives. It shall be the duty of such inspector to examine all magazines in which explosives are stored or proposed to be stored, to examine all blasting operations and the manner and use of such explosives not less than once a month; and to report to the Commissioner of Public Safety thereon and on any violations of this article or of such regulations pertaining to explosives as may hereafter be lawfully made and enacted. Such inspector shall from time to time recommend to the Common Council the adoption of such ordinances relative to the use, storage and transportation of explosives as he may deem advisable. The salary or compensation of such inspector shall be fixed by the Board of Estimate and Apportionment, in the man- ner provided by law. § 12. Before any operation shall begin under a license for the transportation or for the use of explosives in blasting as here provided, the applicant shall designate in writing to the Bureau of Combustibles the name or names of the per- sons whom he has designated to load holes or discharge ex- plosives, or handle the same, to prepare charges, to transport by wagon or otherwise, or to have the care of magazines, explosives and detonators, as herein provided, and all such persons before being permitted to exercise any of such functions shall make an application in writing to the Bureau of Combustibles for a certificate of fitness, and before the issuance of the same, shall be examined by the Inspector of Combustibles and found to possess the qualifications herein- after specified in order that they may properly fill such po- 214 Code of Ordinances. sitions under the regulations prescribed by the Bureau of Combustibles and the questions asked and answered given shall be kept on record and a copy thereof furnished the applicant at the time of examination. And no person shall be permitted to have the actual care and handling of such explosives or detonators without having first obtained a certificate of fitness as herein provided. Certificates of fit- ness shall be subject to inspection at all times. For the issuance or renewal of any such certificate an annual fee of five ($5.00) dollars shall be collected by the Commissioner of Public Safety. To receive a certificate of fitness the person must: (a) Be at least 21 years of age. (b) Be able to read the English language understand- ingly, provided, however, that applicants holding certificates of fitness with a creditable record may be exempted from the above requirements as to reading. (c) Be of good habits. (d) Have letters of recommendation from last two em- ployers if he has not been in the service of his last employei for at least three years, in which case a letter testifying to good character and capacity from last employer shall be satisfactory. (e) Be familiar with the provisions of the law and the regulations governing the transportation, storage, and use of explosives particularly that part relating to the service to be performed by the applicant. (f) Be familiar with the risks incident to the service to be performed by him and capable of taking all necessary precautions. Nothing herein contained shall prevent a licensee from applying for and obtaining a certificate of fitness. The actual work done must at all times be conducted by a person holding a certificate of fitness. Such certificates shall be issued by the Commissioner of Public Safety, and may be revoked at any time if the holder thereof shall have been proved incompetent in the opinion of said Commissioner. If revoked, no new certificate shall be thereafter issued to the Code of Ordinances. 215 former holder of the certificate so revoked for a period of three months, and then only upon examination as to his qualifications, as herein prescribed. Such certificates may, in the discretion of said Commissioner, be renewed from year to year without further examinations. § 13. Pure nitro-glycerine or nitro-glycerine in any form of solution other than the official U. S. Pharmacopoeia Solution shall not be transported through the city. § 14. Gun cotton used in the arts, in amount not ex- ceeding ten pounds dry weight, and containing at least an equal weight of water, may be transported in charge of a duly certified employee of a licensee. § 15. No explosives shall be transported by wagon through the streets of the city unless said wagon is in charge of a competent person holding a certificate of fitness, which certificate shall be open to inspection by any officer of the Fire or Police Departments. Said certificate of fitness shall be issued only to employees of corporations, firms, or person duly licensed, by the Commissioner f Public Safety to transport, keep, use, give away or sell explosives in the city. § 16. A wagon used for transportation of explosives shall be in good condition for service and shall comply with the following specifications. It shall have: (a) Springs. (b) A wooden top extending over the bed, enclosed on both sides and back. (c) An additional floor laid lengthwise of sound mate- rial not exceeding three inches wide, tongued and grooved, planed, smooth and fair, and blind nailed. (d) Shall be painted red and have painted on it in easily legible white letters, at least six inches high the word “ DYNAMITE ” and the owner’s name on the sides and back, and in case of a licensee having more than one wagon these shall be lettered in like manner “Wagon No. 1,” or “Wagon No. 2” etc. (e) Shall display a red flag with the word “ DANGER ” in white letters, printed, stamped or sewn thereon. This 216 Code of Ordinances. flag shall be at least 18 inches by 30 inches in size and shall be displayed on the front end of said wagon and at such height that it will be visible from all directions. § 17. No metal tools or other pieces of metal shall be carried within the wagon. § 18. No detonators or exploders or other combustible material shall be transported in the same vehicle with ex- plosives. § 19. Not more than one thousand (1,000) pounds of explosives shall be transported at any one time on a wagon through the streets of the city. § 20. A wagon carrying explosives shall be drawn by a horse or horses amply able to draw the load and avoid stoppages other than to load and unload, and no unnecessary stops or stands shall be made. § 21. No explosives shall be left on a wagon unless said wagon is in charge of an employee with a certificate of fit- ness, and a driver shall not leave unattended a wagon loaded with explosives. § 22. A wagon carrying explosives shall avoid, when- ever possible, those streets on which there is a large number of persons. § 23. The presence or interference of unauthorized per- sons during unloading, loading or transportation shall not be allowed. § 24. Carelessness or recklessness in conducting, or during loading or unloading of a vehicle carrying explosives shall not be permitted. § 25. No intoxicated person shall be permitted on a vehicle carrying explosives. § 26. Smoking within ten feet of a wagon loaded with explosives shall not be permitted. § 27. Explosives transported through the city shall be packed as follows: (a) Dynamite or other blasting compounds containing liquids which may exude, in strong wooden cases containing Code of Ordinances 217 not more than fifty (50) pounds of explosives, and lined with a liquid proof paper lining sufficient to prevent liquid from going through the sides or bottom. (b) Other blasting compounds not containing sub- stances subject to deleterious influences by exposure to moisture, in strong wooden cases containing not more than twenty-five (25) pounds of explosives. (c) Black blasting powder, in sound wooden, fibre or metal kegs containing not more than twenty-five (25) pounds. (d) Black and smokeless sporting powder, in sound wooden, fibre or metal kegs or canisters containing not more than twenty-five (25) pounds each. (e) Military, smokeless powder, in sound wooden or metal packages containing not more than one hundred and twenty-five (125) pounds each. § 28. Each package containing explosives must have the name and brand of the manufacturer, and if packed in a wooden case must be marked on sides: “ Explosives, Dan- gerous.” § 29. No explosive shall be transported through the streets of the city unless bearing a brand duly registered at the Bureau of Combustibles. The licensee must record at said department: (a) The name of the manufacturer. (b) Kind of explosive; and in case of high explosives, such as dynamite, such a statement of the strength of the explosive as may be required by the Bureau of Combustibles. (c) Purpose to be used for. § 30. Every licensed vendor of explosives such as are used for excavating purposes shall render to the Bureau of Combustibles each day a carbon copy of the receipt given by the licensee for the deliveries that day for use within the city, and in detail as follows: (a) Date of delivery. (b) Name of buyer. (c) Point of delivery. (d) Number of pounds, and name, character, kind and strength of explosives delivered. 218 Code of Ordinances. Said carbon copies shall be numbered consecutively and be mailed at the close of business each day or by 10 a. rn. the following business day. Said receipt shall be signed by the licensee, or by an authorized employee which employee must hold a certificate of fitness. § 31. No explosives shall be landed at the piers or elsewhere in the city or transferred to a vessel lying at a pier unless the explosives contained in the vessel making delivery are in charge of a duly certified employee of a person, firm or corporation licensed to transport or sell explosives within the city limits. No explosives shall be landed at the city piers unless for immediate loading into wagons for distribu- tion to consumers for use within twenty-four hours and for which orders have been previously received, or for imme- diate transportation by railway to points beyond the city limits. § 32. Explosives other than those delivered for imme- diate transportation beyond the city limits shall be delivered to licensed magazines by the employee in charge of the powder wagon, who shall note the quantity in magazine before delivery is made, and the quantity delivered. But where in blasting it becomes necessary to use more than the full magazine capacity at any one charge, it shall be lawful for the party making the delivery, to deliver to the con- tractor such an amount and no more as may be necessary to fire one blast, and it shall be the duty of the contractor immediately to place such powder in the blasting holes and see that it is fired without unnecessary delay. § 33. No person, firm or corporation engaged in the transportation of explosives within the City of Yonkers shall deliver to any magazine any quantity of explosives which exceeds the amount required for that day’s work, except magazines for which special permits may have been issued; provided, that in no case shall such person, firm or corpora- tion engaged in the transportation of explosives deliver to any magazine any amount of explosives which shall cause the amount of explosives after such delivery to exceed the duly licensed capacity of said magazine. Code of Ordinances. 219 § 34. Explosives intended for transportation by rail, shall only be landed at railroad piers, from whence they shall be hauled directly to magazines ; and explosives received at railway stations within the city limits shall be promptly discharged and removed to such storage as these regulations prescribe. Every railroad car containing explosives within the city limits must be marked by signs securely attached to the sides of the car parallel with the tracks, with the words “ EXPLOSIVES, DANGEROUS/’ in red letters at least 12 inches high on a white background. Exploders or detona- tors shall not be carried on the same car, or train of cars, within the city, at the same time with explosives. § 35. Explosives not exceeding five thousand (5,000) pounds for shipment by vessel to ports outside of the city may be loaded from one vessel to another when lying at 1 he city piers, provided, however, that black powder or exploders shall not be transferred at the same time with high explo- sives or from the same boat or lighter ; amounts in excess of five thousand (5,000) pounds shall only be put on board a vessel when it is more than one thousand feet from the city pier line. § 36. Vessels of licensees approaching the city piers shall not carry exploders or detonators at the same time with explosives, and shall, when possible, have explosives stowed on deck and covered with tarpaulins. § 37. No persons except employees of a licensee or others duly authorized, including the necessary crew, shall be allowed on vessels or cars transporting or landing explosives, detonators or exploders within the city limits, nor shall any intoxicated person, matches (except safety matches), or smoking be allowed thereon. § 38. Every person now connected with, or purposing hereafter to be connected with, as principal, any blasting operations shall, as hereinbefore set forth, make an applica- tion to the Bureau of Combustibles for a permit to keep and use explosives, giving at the time, in writing, name of licensee, location of office or place of business, occupation, proposed location of the magazine or magazines, together with plans 220 Code of Ordinances. and descriptions and construclion of such magazine or magazines, the quant ity and kind of explosives purposed to be kept therein, and the names of employees who should have certificates of fitness. § 39. Magazines for the storage of explosives within the city shall be of three classes as follows: (a) Magazines of the first class are those which are capable of containing explosives to the extent of more than one hundred (100) pounds and not more than two hundred and fifty (250) pounds. (b) Magazines of the second class are those which are capable of containing not more than one hundred (100) pounds, and more than fifty (50) pounds. (c) Magazines of the third class are those which are capable of containing not more than fifty (50) pounds. § 40. (a) Magazines of the first class shall be construct- ed of soft wood, tongued and grooved, blind nailed, with no hard metal or iron protruding in the interior, provided with a hot water heater or so arranged as 1o be buried in manure, covered on the outside with tin painted red. They shall not have an interior capacity of more than sixty (60; cubic feet of space. (b) Magazines of the second class shall be covered on the outside with fire-proof material painted red, and on the inside with wood, and may be heated with a hot water heater similar to magazines of the first class, or be so arranged as to admit of being covered with fresh manure. Magazines of the second class shall not have an interior capacity of more than thirty (30) cubic feet of space. (c) Magazines of the third class shall consist of a stout wooden box covered with tin painted red the interior capa- city of which shall not exceed fifteen (15) cubic feet of space the contents of which may be kept from freezing by burying the magazine in manure; or magazines of the third class may include a hot water thawing apparatus, consisting of a water-tight vessel inclosed in a receptacle of wood to be filled with hot water, the source of heat to be from an exterior point. Code of Ordinances. 221 § 41. All detonators or exploders shall be kept in a separate, fire-proof magazine, constructed to meet the ap- proval of the Commissioner of Public Safety, and painted red, with the words “ Exploder Magazine,” on front and back, and “ Danger ” on sides and top in white letters three inches in height. Magazines for explosives, and those for detonators and exploders, must be located at least thirty (30) feet apart. § 42. All nails in the interior of magazine shall be ■counter-sunk and the wood lining so arranged that no metal shall be exposed. Magazines shall be kept clean and free from grit, and before any repairs or alterations are made to any part thereof, all explosives or detonators shall be care- fully removed and the magazine thoroughly washed out; all tools and implements used in making such repairs and alterations shall be of wood, copper, brass or other soft metal or material. In -no case shall nails or screws be driven into a magazine or material that has once formed a part of a magazine, and all wood structural parts of a maga- zine shall, if discarded, be immediately burned in a safe place. Magazines shall at all times be in the care of a com- petent employee, whose duty it shall be to see that no un- authorized person has access to them, and if heating appar- atus is used that the magazine and heating house are safe and undisturbed. Said employee shall have no other duty that will interfere with his careful supervision of said maga- zine and shall when in charge of a magazine with heating apparatus attached have a certificate of fitness. § 43. The Commissioner of Public Safety may require a magazine of the first class to be located in such place as the public safety may seem, in his discretion, to demand. § 44. All magazines for explosives shall be painted bright red with the words, “ DYNAMITE MAGAZINE, DANGER,” painted conspicuously thereon in white letters, such letters shall be at least six inches high on magazines of the first and second class, and three inches high on maga- zines of the third class. The location of every magazine of the first and second classes shall be approved in writing by the Inspector of Combustibles; a copy of said permit being 222 Code of Ordinances. filed with the Inspector, and another copy being attached to the magazine. § 45. Magazines of the third class shall be located at least twenty (20) feet from the nearest building, or if at a nearer point such location must have the specific approval of the Inspector of Combustibles. § 46. Magazines shall contain only the amount of ex- plosives or detonators named in the license, or permit, and the placing therein of any other explosive, caps, exploders, or detonators, candles, matches, tools, cotton waste or any article liable to cause explosion or fire, or any iron, steel or grit, is absolutely forbidden. § 47. It is to be understood that a danger area exists- on each side of every magazine in proportion to the quantity of explosive contained therein, and it shall be the duty of the magazine keeper to keep a suitable space clear in its vicinity free from the storage of any material, and to prevent the loitering therein of any person. Smoking within ten feet of a magazine containing explosives or detonators shall not be permitted. § 48. It shall be the duty of the Inspector to see that each magazine is located as safely as possible, and that as large a free space area be maintained as circumstances will permit, but in no case less than three (3) feet. § 49. Only persons who hold certificates of fitness, or other authorized persons, shall be permitted to have access to the magazines, which shall be kept securely locked when not open for the introduction or removal of explosives or detonators or to inspection by duly authorized officers of the city. § 50. On the inside of the door or cover of every maga- zine there shall be posted a license or permit in such position as will expose it to full view when the magazine is open. A license for the storage, sale, use or transportation of ex- plosives shall carry with it the right to store, sell, use or transport the necessary quantity of detonators or exploders without further bond or fee. Code of Ordinances. 223 § 51. In the keeping of explosives from freezing or in thawing of the same when frozen, only one of two methods shall be permitted: First, by some form of hot water heater where it is impossible for the maximum degree of heat to exceed the temperature of boiling water; or, second, the burying, in manure, of the receptacles containing explosives. All other methods are absolutely forbidden, except after specific approval in each case by the Inspector of Combus- tibles. : P .3 i § 52. Caps, detonators, or other similar explosives of a high order shall not be brought within twenty (20) feet of the magazine. § 53. Magazines shall at all times be kept clean and free from papers, rubbish, empty packages, etc. § 54. In case explosives or detonators are not being safely stored or transported, it shall be the duty of the In- spector of Combustibles to remove the same to a place of safety at the expense of the owner thereof. § 55. Before transferring magazines from one location to another a permit so to do must be obtained from the Inspector of Combustibles. § 56. No person, other than a holder of a certificate of fitness, shall do any blasting operation or handle explosives Dr detonators. § 57. Cartridges, while being capped, shall be removed from the magazine to a distance, if possible, of fifty (50) feet, but in no event less than twenty (20) feet, and after being capped shall not be returned to the magazine. If re- quired to be kept from freezing they shall be kept in a special magazine of the third class in as small amount as possible. Cartridges shall be capped only as required for the work and for immediate use. § 58. Frozen or partly frozen explosives shall not be placed in drill holes. Frozen cartridges, if not capped, must he returned to the original magazine to be thawed. All primed cartridges left over after drill holes are charged shall have the primers at once removed, following which the cart- 224 Code of Ordinances. ridges are to be returned at once to the magazine and the primers to their usual place of storage. If necessary to re- move the cap or detonator from any cartridge, care must be exercised in so doing. § 59. In tamping drill holes wooden rammers shall be used. Tamping by strokes is forbidden, and only direct application of pressure permitted. Only one primer shall be used in a drill hole, and great care shall be exercised in placing it and while tamping above and around it. § 60. Immediately after loading the holes they must be well tamped and sufficient covering placed thereon in one continuous uninterrupted operation. Immediately that the covering is in place the flag men shall be sent out and the blast shall be fired immediately after the bystanders shall have been removed to a sufficient distance. §61. After the blast is fired no drilling shall take place nor any loading of holes there or nearby until the surface and face and all exposed portions of rock where the blast was fired shall have been uncovered, the debris removed,, and a thorough search and examination made by the certi- fied blaster who fired the blast for unexploded charges. § 62. In the event of the charge not exploding it is forbidden to remove the tamping, but a new hole shall be drilled not nearer than twelve (12) inches from the first one and another charge put in the second hole and fired. In such a case only one hole shall be loaded and fired near the unexploded charge, and the unexploded and new charge shall both be thoroughly and effectively covered. In the case of an explosion not carrying away the entire drill hole,, but leaving the lower part intact, it is forbidden to begin drilling from the bottom of the old drill holes, as portions of the former charge may remain and explode when exposed to the blows of the drill. § 63 . In order to insure the safety of surrounding prop- erty and persons, no larger charge shall be used than is necessary properly to start the rock, and rock excavating contiguous to any structure shall be so carried on as not to cause damage to such structure. To this end, weak walls , Code of Ordinances. 225 or other supports of such structure must be shored up, and rotten or decomposed rock must be removed by the use of gads, pick and crowbars only. When blasting next to such structure is unavoidable, light face blasts only, with short lines of resistance and small charges shall be used. § 64. The quantity of explosive to be used shall not exceed in disruptive force, the equivalent of one pound in weight of 40 per cent, dynamite for each four feet in depth of hole, unless the hole be of greater depth than ten (10) feet below the level of the curb or crown of the street ad- joining, in which case there may be used for the depth below the ten foot level, one pound in weight of 60 per cent, dyna- mite for each four feet in depth of hole. § 65. Before firing any blasts, except where the same are in tunnel and distant from the face or portal more than fifty (50) feet, the rock to be blasted shall be covered on the top and sides with timber at least ten inches in smallest diameter and ten feet long held securely to- gether by chains or rope of iron or steel three-fourths of an inch in diameter, and covered with sheets of tin or stout woven matting of rope or some other equally serviceable material to prevent the debris from flying. § 66. Red flags in the hands of competent men, shall be placed at reasonable distances from the blasts on all sides, to give proper warning at least three minutes in advance of firing the blast. § 67. The careful handling of all explosives, whether frozen or not frozen, is ordered. Warming and thawing ex- plosives by placing same near fire, against steam pipes, or in water is exceedingly dangerous and is therefore prohibited. § 68. Magazines must be kept dry and all moisture kept away from the explosives.* * Nitroglycerine compounds are sensitive to moisture, and the ordinary absorbent bases have a tendency to absorb moisture, by which absorption there is displaced an equiva- lent amount of nitroglycerine; hence the specific prohibition of the most dangerous methods of thawing. *Note: — Nitroglycerine is very sensitive at a temperature exceeding 300 degrees Fahrenheit, and at 350 degrees is liable to explode spontaneously. 226 Code of Ordinances. § 69. Retail dealers, duly licensed, shall be permitted to carry on hand of smokeless or black powder, or both, not exceeding fourteen pounds, to be stored in a receptacle which can be flooded from the exterior of the building. Permits therefor shall be issued by the Commissioner of Public Safety, after the approval of the Inspector of Combustibles, showing building and location of room if stored elsewhere than in the store or under the sidewalk. Or said powder may be stored on the premises in a light metal receptacle properly locked and on wheels, plainly marked “ POWDER,” and located not more than ten (10) feet from and immediately in front of the entrance from the street, which receptacle shall at all times be kept locked except when actually necessary to ob- tain access to its contents. On the front of each of such establishments, not more than seven feet above the sidewalk, shall be displayed a sign not less than eighteen (18) inches long and ten (10) inches high, to be approved by the Com- missioner of Public Safety marked, “ Licensed to Sell Gun- powder.” § 70. The annual charge for a retail license to sell black and smokeless powder such as is used as a propelling charge, shall be ten ($10.00) dollars, the same to be collected by the Commissioner of Public Safety. § 71. No permit will be issued for such sales to be made at any building or premises where cigars or cigarettes are kept for sale; where paints, oils or varnishes are manufac- tured or kept, either for use or for sale; in which any car- penter shop or drug store is located; where the sale of kero- sene or other product of petroleum has been permitted, or where fireworks of any kind, petroleum or any of its products, coal, oil, camphene, burning fluid or other products or com- pounds containing any of said substances, matches (except safety matches), tar, pitch, resin or turpentine, hay, cotton, or hemp are manufactured, stored or kept for sale. § 72. No permit will be issued for such sales in any frame or wooden building within the fire limits as established in the city. § 73. No permit shall be issued for such sales in prem- Code of Ordinances. 227 ises within a radius of fifty (50) feet of the premises covered by an existing permit. § 74. All premises for which such permits are issued must be lighted with gas or electricity, and all lights must be protected with glass or wire coverings. § 75. The person or persons to whom such permit is issued must sign an agreement not to permit smoking, nor the use of any substance or agency for illuminating purposes except gas and electricity upon or about the premises where such sales are licensed, nor to expose any of the said explo- sives for sale outside the walls of said building, nor in any door or window, and that any violation of such an agreement shall operate as a forfeiture of said permit. § 76. In case of the storage of amounts in excess of limits imposed by permit, it shall be the duty of the Com- missioner of Public Safety to revoke the offending licensees license and no new license shall be issued to said party within three years. §77. The Commissioner of Public Safety shall have authority to revoke any license to sell at retail should he deem it to the public interest to do so. § 78. The sale of black sporting powder, excepting to military organizations, licensed individuals, or firms engaged in shell-loading, owners of vessels for saluting purposes or for shipment beyond the limits of the city, is prohibited. APPROVAL OF BRANDS OF EXPLOSIVES. § 79. The following named explosives are deemed proper to be sold or used in accordance with the requirements of these regulations. Additions may be made to this list from time to time in the discretion of the Bureau of Com- bustibles: Repauno Gelatine. Hercules Gelatine. Nitroplastine. Aetna. 228 Code of Ordinances. Atlas. Forcite. Giant Rack-arock. Climax. Hercules. Miner’s Friend. Masurite. Joveite. Red Star. Smokeless Powder for rifles and shot guns. Black Rifle and Blasting Powder. Dittmar. Electric form of battery is the only form approved; fuse form disapproved. § 80. Nothing herein contained shall create any liabil- ity whatsoever on the part of the City of Yonkers to anyone whomsoever for any act, default or omission on the part of any person, firm or corporation to whom has been issued any license or certificate as aforesaid. § 81. Any person violating this article shall be guilty of a misdemeanor and shall be liable to a fine not exceeding one hundred and fifty ($150.00) dollars for each offense, and shall in addition thereto forfeit any license or certificate held by him. ARTICLE XXII. ON LABOR AND SUPPLIES FOR THE MUNICIPALITY. Section 1. All labor, skilled or unskilled, for the City of Yonkers, its various municipal boards, officials or agents, shall be performed only by citizens of Yonkers and to further observe the best interests of the tax payers in disbursing public monies and secure the best possible workmanship, mechanics affiliated with the trade organizations of their crafts shall be given preference in the performance of con- tracts, whenever and wherever practicable. § 2. All supplies for the various departments of the city government shall be purchased in the City of Yonkers Code of Ordinances. 229 or through the business houses representing the manufac- turers of the commodities required. In all contracts, Yon- kers contractors shall be given the preference, whenever and wherever practicable. ARTICLE XXIII. SANITARY CODE OF THE CITY OF YONKERS. The following provisions shall constitute and shall be known as the Sanitary Code: TITLE I. THE HEALTH OFFICER. Section 1. It shall be the duty of the Health Officer to see that the provisions of the Sanitary Code, the ordinances, rules, regulations and requirements of the Health Bureau of the City of Yonkers are properly complied with, and to report to the Commissioner of Public Safety forthwith any violation thereof, as well as of any law of the State of New York relat- ing to the public health, which has been violated in the City of Yonkers. § 2. The Health Officer shall report to the Commis- sioner of Public Safety bi-monthly all matters relating to public health which shall have come under his observation, or of which he shall have been informed, and at the first meeting of each month he shall report a table to be made up from the most reliable sources which he can command, showing the mortality within the City of Yonkers within the month then passed, and showing the particular causes thereof, specifying the different diseases, and such other in- formation as may be necessary and important to keep said Commissioner informed of the condition of the health of the city, and to enable him to prevent the spread or increase of disease; and he shall at such other times as he may deem 230 Code of Ordinances. proper communicate to the Commissioner of Public Safety matters relating to the health of the city. § 3 . The Health Officer or other duly authorized officers of the Health Bureau, is hereby empowered: a. To enter upon and into any premises, lots, yards, buildings and houses within the City of Yonkers at all rea- sonable times, for the purpose of investigating any suspected cause or promo t ant of disease or ill-health, and to order and direct the removal or remedy of such cause or promotant of disease or ill-health, or to remedy or remove the same. b. To examine all infected houses, buildings, dwellings, outhouses, yards and other premises. c. To cause a smoke test or peppermint test to be ap- plied to the plumbing and drainage system of all houses in the City of Yonkers infected with contagious disease. d. To examine any building, tenement house, dwelling, stable, vault, water conduit, cesspool, sewer pipe or basin, yard or other premises during and within all reasonable times, for the purpose of ascertaining the cleanliness, ven- tilation or other condition thereof. e. To require any person or persons using the same, or occupying the premises whereon the same are situated, or owning said premises, to cleanse, disinfect, ventilate and purify the same, and to empty any such vault, water conduit, cesspool, sewer pipe or basin. f. To require all persons infected with, or who shall have been exposed to any contagious or infectious disease and not properly isolated, to be removed to the City Hos- pital. The said Health Officer shall also have the power to ascertain and determine the expense of such removal, and the expense incurred for medical care, attendance and sup- port of the persons so removed, and to report the same to the Commissioner of Public Safety. g. To examine plans and specifications for plumbing and drainage submitted according to the rules and regula- tions of the Health Bureau and to approve the same when in conformity with such rules and regulations ; also to inspect the work of plumbing and drainage upon any premises in Code of Ordinances. 2 31 the City of Yonkers while the same is in progress and at its completion, and to see that the rules and regulations of the said Bureau as to plumbing and drainage are complied with. § 4. It shall be the duty of the said Health Officer to personally investigate the sanitary condition of premises and the means employed for the isolation of the patient, in every case of small-pox, typhus fever, scarlet fever, diphtheria and other dangerous contagious diseases occurring in the City of Yonkers, and to report the same in writing to the Commissioner of Public Safety. §5. It shall be the duty of the Health Officer in every case of small-pox, typhus fever, scarlet fever, diphtheria, or other dangerous contagious diseases occurring in the City of Yonkers, to cause a printed notice or placard denoting the disease, to be placed on the apartment door of all houses occupied by more than one family, and upon the front door of houses occupied by one family, where a contagious disease exists. § 6. It shall be the duty of the Health Officer to cause all premises infected with contagious disease to be disin- fected and fumigated at the expiration of quarantine, by, or under the supervision of, an inspector of the Health Bureau. § 7. Whenever a physician’s report pursuant to the provisions of Section 12 of this Sanitary Code shall have been received by the Health Officer, it shall be his duty to record and register in a book suitable for the purpose all the facts and information stated in such report. Such re- port and register shall be the property of the Health Bureau, and shall be confidential, and not accessible to the public except on recommendation of the Health Officer and by a written order of the Commissioner of Public Safety, when the information may be given for such scientific and san- itary purposes as may be deemed important. The Com- missioner of Public Safety shall furnish to the Health Officer all necessary blanks, envelopes and postage stamps required for making such report, the same to be delivered by the Health Officer to the physician. 232 Code of Ordinances. TITLE II. REGISTRATION OF PHYSICIANS, NURSES AND MIDWIVES. §8. It shall be the duty of all physicians and surgeons now in Yonkers, and all physicians and surgeons who may at any time begin or engage in the practice of medicine or surgery in this city to register his or her name and residence, also the name of the institution which authorized him or her to practice, and the date of such qualification, in a book provided for that purpose in the office of the Health Bureau. § 9. It shall be unlawful and all persons are hereby forbidden to practice the calling of a professional midwife or nurse, without first registering in his or her handwriting in a book of registry provided for that purpose at the office of the Health Bureau, his or her name and place of residence, and such persons shall also submit to the Health Bureau proper credentials as to his or her ability and identity. For the purpose of this rule, a certificate from a hospital or other incorporated institution whereat such midwife or nurse has been qualified to practice his or her profession, or from a legally qualified physician, may be deemed suffi- cient. Such registration and right to practice nursing or midwifery may be revoked at the pleasure of the Commis- sioner of Public Safety. TITLE III. CONCERNING CONTAGIOUS AND INFECTIOUS DISEASES. § 10. It shall be the duty of every person knowing of any individual in the City of Yonkers sick or infected with a contagious or infectious disease in which there is danger of an epidemic, to at once report to the Health Officer the facts in regard to the disease, condition and dwelling place of such sick persons; and no person shall interfere with or Code of Ordinances. 233 obstruct the entrance, inspection and examination of any such building or house, or the examination of such sick person by the Health Officer, or other persons authorized by the Commissioner of Public Safety, when there has been reported the case of a person sick with the aforesaid con- tagious or infectious disease at any place within the City of Yonkers. §11. The Health Officer is hereby authorized and em- powered to declare that any house, building, section or locality within the city is infected with a contagious, in- fectious or pestilential disease, and to designate such house, building, section or locality in such instrument, and also by printed or written notices and by setting yellow flags upon any building. Also to barricade streets to prevent passage through such infected district, section or locality; and it shall be unlawful, and all persons are hereby forbidden passing out of or into any such house, building, section, locality or district so designated as infected with a con- tagious, infectious or pestilential disease, without first ob- taining from the Health Officer a permit to do so. § 12. Every physician residing in the City of Yonkers, and every physician who shall at any time practice his pro- fession in the City of Yonkers must report in writing to the Health Officer within twenty-four hours after discovery by him, any and every person sick, affected with or attacked by any of the following named diseases, viz. : Cholera, yellow fever, small-pox, diphtheria, typhus fever, typhoid fever, epidemic cerebro -spinal meningitis, relapsing fever, measles, scarlet fever and pulmonary tuberculosis, and any cases of contagious or infectious diseases in which there is danger of an epidemic. Such report shall specify any and every per- son sick, the residence of such person, by street and number, the sex, age and disease, whether one or more families live in the house, how the disease was contracted, if known, the occupation of the patient or parent of patient, the condition of the premises. § 13. No person shall, -within -the City of - Yonkers, without permission of the Health Officer, carry or remove, or cause or permit to be carried or removed any person sick 234 Code of Ordinances. with small-pox or any other contagious or infectious disease, in which there is a danger of an epidemic, or remove or cause to be removed any such person from any building or vessel to any other building or vessel or to the shore or to or from any vehicle in any part of said city. Nor shall any person, by any exposure of any individual sick of any con- tagious or infectious disease, or of the body of such person, or by any negligent act, connected therewith, or in respect to the care and custody thereof, or by needless exposure of himself, cause or contribute to, or promote the spread of disease from any such person, or from any dead body. § 14. School teachers or any person connected with the schools shall not be allowed to attend or visit the schools while any dangerous contagious disease exists in the house in which they live, unless by a special permit from the Health Officer. § 14a. School children shall not be allowed to attend school while any contagious disease exists in the house in which they live, excepting where the contagious disease is well isolated, the children of unaffected families of an apart- ment house may attend if given permission by the Health Officer. § 15. In cases of diphtheria, no person from the in- fected house shall be permitted to resume school attendance until 28 days from the occurrence of the last case in the house, or until a bacteriological examination shows no diph- theretic germs in the throat. § 16. In cases of scarlet fever, no person from the in- fected house shall be allowed to resume school attendance until forty-two (42) days from the occurrence of the last case in the house, or until desquamation has entirely ceased. § 17. In cases of measles, the infected person and those in the same house or apartment who have never been affected shall not be allowed to resume school attendance until fourteen (14) days from the occurrence of the last case in said house or apartment. This rule does not apply in any sense to those persons who may once have been infected with the measles. Code of Ordinances 235 § 18. No children of a family affected by any dangerous contagious disease shall be permitted to attend school until the premises have been properly fumigated by or under the supervision of the Health Department and until the Super- intendent of Schools shall receive a certificate from the Health Officer. § 19. In cases of diphtheria, the infected person must be properly and thoroughly isolated and remain so isolated for a period of four weeks, or until diphtheria germs can no longer be found in the throat ,on bacteriological examination. § 20. In cases of scarlet fever, the infected person must be promptly and thoroughly isolated, and remain so isolated for a period of six weeks, or if the case has been pro- longed beyond six weeks, until desquamation has entirely ceased. § 21. In cases of measles, the infected person must be promptly and thoroughly isolated, and remain so isolated for a period of two weeks from the date of the occurrence of the disease. § 22. No parent, guardian, master or custodian of any child or minor (having power or authority to prevent) shall permit any child or minor to be unnecessarily exposed, or needlessly expose any other person to the taking or the in- fection of any contagious disease, and no parent, guardian, master or custodian of any child, nor any principal, teacher or manager of any public or private school, shall permit any child to attend any school in the City of Yonkers, whether public or private, who is sick with any contagious, infectious or pestilential disease, or who resides in any house where there is a person sick with any such disease, until he or she shall have obtained from the Health Officer per- mission to attend such school. § 23. No such permission as hereinbefore provided for shall be granted except on the certificate of a legally quali- fied physician approved by the Health Officer of this Bureau declaring the child or person and the house in which such child or person resides, to be free from the infectious or con- 236 Code of Ordinances. tagious power of the disease of which such child or person was affected. § 24. Every parent, guardian, master or person having the care, custody or control of any minor or other individual shall, to the extent of his means, power and authority, cause and procure such minor or individual to be so promptly, frequently and effectually vaccinated that such minor or individual shall not take or be liable to take the small-pox. It shall be the duty of every person in the City of Yon- kers to be and to continue to be effectually vaccinated so as not to take or be liable to take the small-pox. § 25. No person shall be allowed to attend any public or private school unless he or she furnishes evidence of having been properly vaccinated. § 26. It shall be unlawful for any person: a. To bring into the City of Yonkers any person having a contagious, infectious or pestilential disease, or who, within one month, shall have been so affected. b. To come into or within the limits of the City of Yonkers, being at the time infected with or laboring under, any contagious, infectious or pestilential disease, or who, within one month, shall have been so affected. c. To visit the rooms or apartments occupied by any person affected with, or laboring under, any infectious, con- tagious or pestilential disease; or the rooms or apartments of any person attending upon or nursing the person so af- fected ; provided that this prohibition shall not apply to the person or persons, or physicians in attendance upon or having charge of such sick person. d. To attend at the house or building in which any person shall have died of any contagious, infectious or pes- tilential disease, the funeral of such diseased person; pro- vided that this prohibition shall not apply to the -undertaker in charge of such funeral, the physician who shall have been in attendance, or the immediate family to which such de- ceased person belonged, residing in the same house. e. To bring into or within the City of Yonkers any article of wearing apparel, bed clothing or clothing of any Code of Ordinances. 237 kind, which shall have been used by any person who shall have been affected by or died of any contagious, infectious or pestilential disease, or by the family or attendants of any such sick or deceased person. f. To bring into the City of Yonkers the body of any person that shall have died of any contagious, infectious or pestilential disease except in conformity with the require- ments of the State Department of Health. g. For any person afflicted with a contagious disease, or who has recently been exposed to such contagion, to change his or her residence in the City of Yonkers without permission of the Health Officer. h. To buy, or sell or give away any rags from any per- son dead of, or family infected with, any contagious, infec- tious or pestilential disease, or dispose of the same in any other manner, except burning ; or to buy or sell or give away bed clothing or second-hand clothing of any description that has been used by any person dead of. or family infected or sick with any contagious, infectious or pestilential disease, without such articles having been first thoroughly disin- fected under the direction of an inspector of the Health Bureau. i. Provided, however, that Sections a, b, e, f and g, of this Section shall not apply to such person or persons for whom a permit in writing shall have been obtained from the Health Officer to do the acts therein forbidden, and such permit shall have been filed in the office of the Health Bureau before so doing. 27.Qln every -case of infectious, contagious or pes- tilential disease, the apartments in which such case occurs shall, upon the recovery or removal of the patient, be thor- oughly disinfected, the floor, woodwork, etc., of the room shall be washed and the walls and ceilings whitewashed after such disinfection, and every article therein contained shall be disinfected under the direction of an inspector of the Health Bureau. And in every case of contagious, infec- tious or pestilential disease, the soiled linen, etc., of the person or family infected shall not be sent out, but be washed in the house, after being properly disinfected, and no article 238 Code of Ordinances. shall be removed from the room until after such article has been properly disinfected. §28. No - person shall be allowed to engage in the business of baking or handling meat intended to be sold for human consumption, who is afflicted with any contagious, infectious or pestilential disease, and no person or persons shall employ, or cause to be employed in the business of baking or of handling meat intended to be sold for human consumption any person so afflicted. TITLE IV. DEAD BODIES.— INTERMENT. § 29. It shall be unlawful and all persons are hereby forbidden, to inter the body of any deceased person within the City of Yonkers, or to remove such body therefrom, until a physician, registered in the office of the Health Bureau, shall have given a certificate setting forth the date and cause of death, or until a coroner shall have given a permit to make the interment; and before such interment or removal, said certificate or permit shall be delivered to the Health Officer, who shall thereupon grant a permit for the removal or interment required. Provided, however, that if the Health Officer shall not be satisfied with a physician’s certificate in any particular case, he may also require a coroner’s permit to be first obtained, and within forty-eight hours after the delivery to him of the aforesaid certificate or coroner’s permit, he shall file the same in the office of the Health Bureau. Provided also that the Health Bureau may at its dis- cretion issue permits for interments within the City of Yonkers of the bodies of persons previously interred in any cemetery or burial ground in said city or elsewhere, and also permits for the removal of the bodies of persons previously interred in any cemetery or burial ground in said city, and provided also that the burial or transit permits duly issued by the Board of Health of other cities and burial permits granted pursuant to the rules and regulations adopted by Code of Ordinances. 239 the Board of Supervisors of Westchester County shall have the same effect within the City of Yonkers as permits granted by the Health Officer of said city, and provided also that the aforesaid provisions of this section shall not apply to interments authorized by the Health Officer pursuant to the succeeding sections. § 30. The aforesaid permit for interment shall be de- livered to the keeper of the cemetery wherein the interment is proposed to be made, before he shall allow such interment ; and it shall be the duty of such keeper to endorse thereon, over his signature, the date and place of interment in each instance respectively, and on the first day of each and every month to deliver to the Health Bureau a report in writing, showing all the interments made or allowed by him during the preceding month, specifying in each case the name of the deceased, the number of the permit, the date and place of interment, and the name and residence of the attending undertaker; and at the same time he shall 'file with the Health Bureau all of the said permits which may have been received by him during such period. § 31. The physician last in attendance during the final illness of any person who shall have died in the City of Yonkers, shall, within twenty-four hours after the death of such person, make, sign and deliver to the family or nearest friend of the deceased, or to the attending undertaker, a certificate specifying the full name of the deceased, duration of his attendance, duration of the disease, cause of death and date of death, giving year, month and day. Such certificate shall be the certificate required as speci- fied in Section 29, Title IV., to obtain a permit for inter- ment from the Health Bureau whenever the death shall have occurred within the City of Yonkers. § 32. In every case of interment of the body of any person within the City of Yonkers, the attending undertaker, or person acting as undertaker, shall before interment, and within a reasonable time after the death of such person, obtain the permit for interment granted in accordance with Section 29, Title IV., of this Sanitary Code, and deliver the same to the keeper of the cemetery where the interment 240 Code of Ordinances. is to be made. If no person regularly doing business as an undertaker shall be in attendance, the person who shall place the body of the deceased in the coffin or other recep- tacle shall be deemed to be the attending undertaker for the purpose of this Sanitary Code. §33. Except the • Health • Officer shall -otherwise "re- quire or permit, no interment -of any dead -human body shall be made by any person in any place in the City of Yonkers, except in legally incorporated cemeteries, and every such body shall be buried to a depth of at least six (6) feet below the surface of the ground and no more than two bodies to be interred in one grave. No vaults shall be constructed or used for the reception of such dead bodies, except upon a permit from the Health Officer. The receiving vaults in each of the existing cemeteries in said city now constructed may continue to be used for the temporary re- ception of such dead bodies as heretofore, subject, however, to any regulations concerning the same- which-may.be made by the Commissioner of Public Safety.- §34. No person shall inter the remains • of the • still- born or dispose of the same in any other manner without a permit therefore having been obtained from the Health Officer, such permit to be granted upon the presentation. of a certificate of death as required- in Section- 29, Title IV.*.of this Sanitary Code. § 35. No person having the care or charge of- the dead body of any human being shall retain, or allow to be re- tained unburied, such body, for a longer period than four (4) days after the death of such person without a permit from the Health Officer, which permit shall specify the length of time during which such body may be retained unburied. § 36. The Health Officer is hereby empowered and authorized, with the agents and servants of the Health Bureau, to enter into any house, dwelling or building within the City of Yonkers, and take and convey therefrom at any time of day or night, and inter in such place as they shall deem proper the body of any person who shall have died of -small-pox or -of vellow-fever, -or of typhus fever, or of Code op Ordinances. 241 Asiatic cholera or other pestilential disease; and the Health Officer shall have power in such cases as he shall judge proper to prescribe, the time, manner and place in which the inter- ment of any person who shall have died of any of the afore- said diseases may be had, conducted and done, and also who may attend and be present at the same; and when he shall so prescribe it shall be unlawful to conduct or make or have such funeral or interment in any other manner; and no person shall attend any such interment except such as shall be permitted by the Health Officer. The having, or con- ducting, or attending in any other manner than shall be so prescribed, or by any person not permitted as aforesaid, shall be deemed a violation of this Section. § 37. There shall not be a public-'or church funeral of any person who has died of cholera, yellow fever, small-pox, diphtheria, scarlet fever, typhus fever, or epidemic cerebro- spinal fever, but the funeral in such cases shall be private. And it shall not be lawful to invite or permit at the funeral of any person who has died of any of the above diseases, or of any contagious, infectious or pestilential disease, or at any service connected therewith, any person whose attend- ance is not necessary, or to whom there is danger of con- tagion thereby. The dead body of any person who has died of any of the above named diseases shall not be placed, carried or permitted to be removed in any wagon, carriage or vehicle, except such as is used as a hearse exclusively, unless under a written permit from the Health Officer; nor shall any such body be removed, except for immediate burial, unless enclosed in a hermetically sealed casket. § 38. It shall be unlawful to permit more than two carriages at any such funeral. The carriage or carriages used to convey any person or persons from any infected house to the cemetery or elsewhere shall be upholstered in leather, including all parts of the inside of said carriage, except the floor and other parts composed of solid wood. The undertaker or other person or persons furnishing car- riages to persons residing in or entering infected houses shall immediately fumigate, or cause to be fumigated, and then washed with a disinfecting solution, every such carriage 242 Code of Ordinances. before using it for other purposes, under the direct super- vision of an employe of the Health Bureau; and hereafter only such carriages shall be used to convey persons suffering from contagious diseases to the Yonkers City Hospital. Any violation of this Section will subject the offender to one hundred ($100.00) dollars fine and imprisonment. § 39. No disinterments • will • be permitted in • the City of Yonkers between May 1st and November 1st, except in cases of bodies enclosed in metallic, or metallic lined air- tight coffins, and no bodies disinterred in places outside said city between May 1st and November 1st shall be transported through the streets of said city, unless and except the same be enclosed in hermetically sealed air-tight coffins. § 40. There shall be a record kept in the office of the Health Bureau of all permits granted both for interment and removal of dead bodies of human beings, which record shall be numbered consecutively from one upwards, specifying in each case the number and date of permit, name of de- ceased and reported cause of death. § 41. Every coroner holding any inquest within the City of Yonkers upon a dead body, shall, within forty-eight hours after the holding of any and every inquest, report in writing to the Health Bureau the material facts elicited at such inquest, and shall file with said Bureau a certificate setting forth the name, age, sex and color of such deceased person, and date and cause of death, as far as the same can be ascertained. TITLE V. MARRIAGES AND BIRTHS. § 42. Every clergyman, magistrate and other person who may perform a marriage ceremony, shall report to the Health Bureau within ten days the full names of the parties married, the residence, age, color, birthplace, names of father and mother, number of marriage of each, the occupa- tion of the husband, and the name and official position of the person solemnizing the marriage; and every physician, mid- Code of Ordinances. 243 wife and other person who may professionally assist at any birth, shall keep and make a registry of such birth and therein enter the day and hour, the name of the child, date of the birth, giving year, month, sex, color, place of birth, the mother’s maiden name, birthplace and age, the father’s name, age, occupation and birthplace, the number of the mother’s children, the number of those children then living and the name of the medical attendant or person making the statement, so far as the foregoing facts can be ascertained, and shall report the same to the Health Bureau within ten days of the date of birth. § 43. Every physician, mid-wife or person in attend- ance upon the mother at the time of a still-birth, or if no such person was in attendance, then a coroner of this county or the Health Officer shall within three (3) days thereafter furnish to the Health Bureau a certificate of such still-birth, which certificate shall show the precise place of birth, date, sex of child, color, names and birth-place of the parents, residence and age of the mother, period of utero-gestation, cause of dead birth, and name of physician, mid-wife or person attending at such birth. TITLE VI. FOOD AND DRINK § 44. No meat, fish, bird, fowl, fruit, vegetable, or any- thing for human food, not being then healthy, fresh, sound or wholesome, fit, safe and proper for human food, and no animal or fish that has died by disease or accident, and no carcass of any calf of dressed weight of less than seventy (70) pounds, or which at the time of its death was less than four weeks old, or pig, which at the time of its death was less than five weeks old, or lamb which at the time of its death was less than eight weeks old, and no meat therefrom shall be brought within the limits of the City of Yonkers, or offered or held for sale, or used as food anywhere in said city; and it shall be the duty of every person knowing of the violation 244 Code of Ordinances. of any of the said requirements to forthwith report the same and Ihe particulars relating thereto to the Health Officer. § 45. No animal shall be killed for human food while in a diseased condition or while overheated or feverish; and it shall be the duty of all present who shall know of the killing of any such animal for such purposes forthwith to report the facts to the Health Officer, with the name of the persons so offending and the time and place when and where the offence was committed. £ 46. Every owner, lessee, or occupant of any room, stall or place where meat, fish, poultry, fruit, vegetables or milk, designed or held for human food, shall be stored or kept, or shall be held or offered for sale, shall put and keep such room, stall and place and its appurtenances in a cleanly and wholesome condition; and every person having charge or being interested or engaged, whether as principal or agent, in the care or in respect to the custody or sale of any meat, fish, birds, fowl, fruit, vegetables or milk, designed for human food, shall put and preserve the same in a cleanly condition, and shall not allow the same, or any part thereof, to be poisoned, infected or rendered unsafe or unwholesome for human food. § 47. No person shall kill, dress or prepare any animal for human food, in any market or place where food is kept for sale; or permit to escape therein or within one hundred feet thereof any poisonous, noxious, nauseous or offensive substance. REGULATIONS" RELATIVE TO THE KEEPING AND SELLING OF MILK, CREAM, ETC. § 48. No person, corporation or association of persons shall sell or expose for sale, milk or cream in the City of Yonkers without first making application to the Health Bureau of said city in writing on blanks furnished by said Health Bureau nor thereafter until said application shall have been approved and a permit issued by said Healtli Bureau for such sale or exposure for sale. Milk supplies, Code of Ordinances. 245 found to contain over 500,000 bacteria per cubic centimeter on two or more different days, shall not be used or offered for sale, nor handled in the City of Yonkers until satisfactory evidence is shown that the milk may be reasonably expected to contain less than this number of bacteria. A violation of this Section shall be punished by a fine of not less than fifty ($50.00) dollars nor more than one hundred and fifty ($150.00) dolllars. § 49. No milk, cream, buttermilk or skimmed milk, which has been watered, adulterated, reduced or changed in any respect by the addition of water or other substance, or milk known as swill milk, or milk from cows or other animals that feed on swill, beet sugar refuse, garbage, or other similar substances and no cream, butter or cheese made from any such milk or any unwholesome butter or cheese shall be brought into, held, kept or offered for sale at any place in the City of Yonkers; and no person shall keep, have or offer for sale in the said city, any such cream, milk, butter or cheese. § 50. No person or persons, corporation or corpora- tions shall sell, or offer for sale, or expose for sale within the limits of the City of Yonkers, nor have in possession with intent to sell, exchange or deliver any milk or cream taken from diseased or sick cows. § 51. No person or persons, corporation or corpora- tions shall sell, exchange or deliver, or offer or expose for sale or exchange, or have in his, their or its possession for the purpose of sale or exchange any milk from which the cream, or any part of such cream has been removed, unless in a conspicuous place, about the center and on the outside of every vessel, can or package from which or in which such milk is sold or kept, the words “ skimmed milk ” are distinctly marked in visible Gothic letters, such letters to be not less than two inches in height, and in case of cans, such letters are to be securely soldered thereto; if such sale is made from wagons, such wagons shall be marked “skimmed milk ” in plain Gothic letters not less than three inches in height on both sides of said wagon. If such sale is made from store, there shall be exposed in plain sight of anyone 246 Code of Ordinances. entering, a sign, “ skimmed milk,” and vessels marked as hereinbefore stated, also there shall be affixed to the vessels of the customer, a sticker 1 inch by 2 inches, marked “ skimmed milk.” § 52. No person or persons, corporation or corpora- tions shall sell, or offer' or expose for sale within the limits of the City of Yonkers, milk from any wagon or vehicle, unless such wagon or vehicle shall have exposed on both sides of such wagon or vehicle the license number of the person, persons or corporation selling or offering for sale such milk; such license number shall be painted on such wagon or vehicle in numbers not less than two inches in height, in what is known as Gothic characters, and the words “ Health Bureau Permit No. — ” in letters at least two inches in height shall be placed on such wagon or vehicle under the direction of the Health Bureau or its milk inspector ; and in case milk is sold from cans or vessels where no wagon or other vehicle is used, then the license number of the person, persons or corporation selling or offering for sale such milk, shall be placed in a conspicuous place on such can or vessel, in such a manner as to style of number and method of fastening the same on such can or vessel as to meet the approval of the Health Board or its milk inspector; or if such milk is sold or exposed for sale within a store or house, then such license number shall be exposed in some conspicu- ous place in said store or house. § 53. Every person, persons, corporation or association of persons who shall sell or expose for sale milk or cream, such place of sale being a store or depot, shall have provided an ice box or tub with tight fitting cover into which the vessel containing said milk or cream shall be placed at once when received at said store or depot, and at no time shall said milk or cream be permitted to reach a temperature exceeding 50 degrees Fahrenheit. Said ice box, if stationary, shall have outlet and in no case shall water be allowed to stand therein, but be discharged as fast as ice shall melt. When movable tub is used, water shall be discharged there- from at close of business each day and said ice box or tub shall be used for no other purpose than that of keeping milk Code of Ordinances. 247 or cream, and closed at all times, excepting when milk or cream is being sold, and top and inside of said ice box or tub shall be kept scrupulously clean at all times. § 54. All licenses for the sale of milk or cream will be furnished gratuitously by the Health Bureau but will be granted subject to such conditions as may seem best to the Commissioner of Public Safety for the preservation of health within the limits of said city, and shall be subject at all times to revocation by said Commissioner in his discretion. On or before July 1 each year, after a license is issued the person or persons, corporation or corporations to whom the same is issued, shall register with the milk inspector of the Health Bureau, his or their name and license number, and shall make a statement to said inspector covering the sub- jects hereinbefore required to be made by applicants for licenses. Such statements to be registered in a register to be supplied by the Health Bureau and kept for that purpose. § 55. Inspections of milk in all dairies, and of all milk venders, shall be made under the direction of the Health Bureau by the milk inspector, and any person or persons, corporation or corporations having for sale or exchange or offering or exposing for sale or exchange any milk or cream shall at all times permit the said inspector to inspect or test the same. INSPECTION OF MILK. § 56. Any person or persons, corporation or corpora- tions, selling or having in possession for sale, delivery or ex- change either on their own account or for any other person or corporation, milk or cream, shall at all times on demand, furnish to the milk inspectors of the Health Bureau, or permit such inspectors to take from them such samples as said inspectors may require and such sample shall be given or permitted to be taken, at such time and places as may be demanded by said inspector. § 57. Every sample of milk or cream delivered to or taken by any of the milk inspectors of the Health Bureau shall have a label attached to the vessel containing such 248 Code of Ordinances. sample, which shall have written thereon, at the time of the delivery of such sample, the number of the dealer’s license, the number of the sample, the date of collection and the name of the inspector ; and a memorandum shall be made by the inspector collecting such sample in a book kept for that purpose, of the number of such sample and the name of the owner and driver from whom the same was collected, and a duplicate of such sample, sealed in a bottle or vessel, shall be delivered to the person from whom such sample is taken. § 58. Each sample shall be analyzed separately by the chemist or milk inspector who shall register the percentage of total solids, butter fats and watery fluids, in a book kept for that purpose. § 59. In all proceedings under this Code for the keeping or sale or offering or exposing for sale or delivering of un- clean, impure, unhealthful, adulterated or unwholesome milk, the test shall be as follows: If the milk be shown to contain more than 88 per cent, of water fluids or less than 12 per cent, of milk solid or shall contain less than 3 per cent, of butter fat, it shall be declared to be adulterated, and the milk drawn from cows within fifteen days before or five days after parturition, or from animals fed on distillery waste, or any substance in the state of putrefaction or fer- mentation, or upon any • unhealthful food whatsoever, shall be declared • unhealthful, impure - and , unwholesome milk. § 60. ' No dealer. shall be allowed to refill a bottle with milk for delivery to any person or persons in the City of Yonkers without having first washed the same with boiling water in a manner satisfactory -to the Health Bureau or its milk inspector. § 61. No dealer shall be allowed to furnish any recep- tacle for the delivery of milk into any family or apartment in the City of Yonkers where there is a contagious disease during the time of quarantine. § 62. a. When milk or cream is brought from locali- ties outside of the City of Yonkers, each year at time of registration, a detailed statement concerning the condition of each stable and the cows producing said milk shall be Code of Ordinances. 249 filed with the Health Bureau on blanks furnished by said Health Bureau by the person or persons selling or exposing for sale said milk or cream within the City of Yonkers. b. No herd shall be considered as having had the tuberculin test applied unless chart showing the test of each animal thereof in detail shall have been filed with the Health Bureau, verified by a registered veterinarian, the same to be valid for a period of not more than one year from date of test; a supplementary report to be made for test of each addition to herd. Blank referred to in above section: REPORT OF CONDITION OF STABLE AND COWS AT Dairy of Town County State Shipping Station Railroad.. Marks on Cans Time Shipped Cows, number of. Cows, condition of Water Supply Stables, size of.... Feed Milk, how cooled Milk, where kept— Has tuberculin test been applied to herd ? If so, When? § 63. All persons engaged in the bottling of milk in the City of Yonkers shall provide a suitable room, having floor of cement connected with a public sewer or properly constructed cesspool, also furnished with hot and cold water, and in no case shall bottles be filled by means of syphons of rubber hose, but either with a bottling machine, or tank provided with a faucet which can be easily taken apart and cleaned, j 250 Code of Ordinances. § 64. The use of milk tickets is prohibited, excepting slip tickets, the same to be used only once. § 65. All persons, corporations or associations of per- sons engaged in the selling of milk or cream at wholesale shall at time of registration each year, file with the Health Bureau a complete list of retailers" together with street and numbers of places of business and thereafter when a new customer is secured notice shall be given in writing to said Health Bureau within twenty-four hours after the first delivery of milk. § 66. No person, corporation or association of persons shall leave or permit to be left any milk bottles or case con- taining milk bottles on any public highway in the City of Yonkers. § 67. Between May 1st and November 1st of each year it shall be unlawful to sell, or offer for sale or consumption, in the City of Yonkers, milk from cows fed upon brewery grains, except kiln dried, which have been kept for a longer period than forty-eight (48) hours after ejection from the vats of the brewery where the same were produced. Between each November 1st and the following May 1st it shall be unlawful to sell or offer for sale or consumption,, in said city, milk from cows fed upon brewery grains, except kiln dried, which have been kept for a longer period than ninety-six (96) hours after ejection from the vats of the brewery where the same were produced. § 68. No person or persons shall sell, offer or expose for sale milk or cream, in the City of Yonkers, in any store or room used for domestic or sleeping purposes, or opening directly into any room used as a sleeping room. § 69. No person or persons shall sell, offer or expose for sale milk or cream, in the City of Yonkers, in any butcher market or store where fresh meats are sold, offered or ex- posed for sale. ADULTERATED. FOOD. § 70. No adulterated or deleterious coffee, tea, butter, sugar, flour or other substances used for human food or Code of Ordinances. 251 drink shall knowingly be brought, sold, held or offered for sale in the City of Yonkers ; and no substance used for human food or drink shall knowingly be brought, sold, held or offered for sale, labelled or represented in said city under a false name or quality, or as being what the same is not, as respects wholesomeness, soundness or safety for food or drink. § 71. No person shall throw or allow to run or pass into any public reservoir, water pipe or aqueduct, or into or upon any border or margin thereof, or excavation of stream therewith connected or into any spring or well in the City of Yonkers used for drinking purposes any animal, vegetable or mineral substances whatever; nor shall any person allow the same to be done (having power or right to prevent the same) nor shall any person do or permit to be done (having right or power to prevent the same) any act or thing that will impair or imperil the purity or whole- someness of any water or other fluid used or designed as a drink in any part of said city; nor shall any person bathe any part of his person in any stream, reservoir or spring in said city containing water used for drinking or culinary purposes. § 72. Whenever, upon examination, it shall appear that water from a well or spring is contaminated with sub- stances which are injurious to health, or which may become injurious to health, the use of such water shall be discon- tinued, and the well or spring shall be filled in, unless a permit be obtained from the Health Officer for such use of the water as will not endanger the public health. § 73. No person or persons, firm or corporation shall sell or use or cause to be sold or used or in any manner pro- vide ice for drinking or eating purposes, which has been ob- tained from any polluted or unclean pond, creek, river, lake or stream. 252 Code of Ordinances TITLE VII. PRIVIES, VAULTS, CESSPOOLS, DRAINS, SEWERS, ETC. § 74. It shall be the duty of the owner of every build- ing now or hereafter erected upon any land adjacent or accessible to a public sewer, to cause said building to be properly connected with such sewer, and no house hereafter erected shall be inhabited, occupied or used by any person before the same shall be connected with a public sewer, if practicable. § 75. Wherever it is practicable to connect any prem- ises in the city with a public sewer, it shall not be lawful for any person to construct any vault, privy, water closet, sink, drain, school sink, or cesspool thereon, for receiving or discharging any excrement, sewage or slops, and the owner of such premises shall not suffer or permit any privy, vault, school sink or cesspool to remain thereon after notice from the Health Officer to discontinue the use thereof, but shall empty and fill in the same in the manner prescribed by the Health Officer. § 76. No privy, vault or cesspool shall be allowed to remain on any premises or shall be built in the City of Yonkers unless when unavoidable and in accordance with the terms of a permit issued by the Health Bureau. The sides and bottom of every privy, vault, cesspool or school sink in the City of Yonkers must be impermeable, and secure against any saturation of the walls or ground above the same. § 77. Where no public sewer is accessible in outlying districts, and where water tight cesspools are not considered by the Health Officer to be an immediate necessity, the system of drainage of residences containing one or more acres of ground, shall consist of two cesspools and a drain to be constructed in the following manner : The first cesspool to bejdivided by a partition and to connect to second by a tight pipe ; the second cesspool to • be sufficiently largejfto Code of Ordinances. 253 contain all overflow from the first for two days, and to syphon into system of blind drain sufficiently large to ab- sorb sewage; the drain to be at least one foot below the surface of the ground. Every part of the whole system to be at least seventy-five (75) feet from any brook or stream, and from land belonging to other parties. § 78. No connection by overflow or otherwise shall be made, constructed or continued with or from any re- frigerator, tank or cistern to or with any cesspool, privy, vault, water closet, sewer or house drain, except only such as shall first discharge freely into the open atmosphere. §79. No person shall draw off, or allow to run off into or upon any ground, street or place in the City of Yon- kers the contents, or any part thereof, of any vault, privy, cistern, cesspool or sink; nor shall any owner, tenant or occupant of any building to which any vault, sink, privy, or cesspool shall appertain or be attached, permit the con- tents, or any part thereof, to flow therefrom, or to rise within two (2) feet of any part of the surface of the ad- joining ground, or permit said contents to become offensive. § 80. Every person who shall be the owner, lessee, keeper or manager of any tenement house, boarding house, lodging house, hotel or manufactory, shall provide or cause to be provided, for the accommodation thereof and for the use of the tenants, lodgers, boarders and employees thereat, adequate privies or water closets, and the same shall be so well ventilated, and shall at all times be kept in such a cleanly and wholesome condition as not to be offensive, or be dangerous or detrimental to life or health. And no offensive smell or gases from or through any outlet or sewer, or through any such privy or water closet shall be allowed by any person aforesaid to pass into such house or any part thereof, or into any other house or building. a. Every tenement, boarding or lodging house shall be provided with the best or most approved water closet, and in no case shall there be less than one water closet for every fifteen occupants in a boarding or lodging house, and not less than one for every two families for dwelling houses. 254 Code of Ordinances. b. Every tenement and boarding house shall have city or other water furnished in sufficient quantity at one or more places on each floor occupied or intended to be occupied by one or more families. § 81. No person shall throw into or deposit in any vault, sink, privy or cesspool, any offal, ashes, meat, fish, garbage or other substances, except that of which any such place is the appropriate receptacle. TITLE VIII. STABLES, OFFENSIVE ODORS, GASES, ETC. § 82. No animal or vegetable substance and no muck> silt or dirt gathered in cleaning yards, buildings, docks or slips, or waste of mills or factories, or any materials which are offensive, or tend, by decay, to become putrid or to render the atmosphere impure or unwholesome shall be de- posited or used to fill up or raise the surface or level of any lot, grounds, docks, wharf or pier, within the limits of the City of Yonkers, unless pursuant to a special permit from the Health Officer; and no ground or material filled with offensive material or substance or that will emit or allow to arise through or from the same any offensive odor or deleterious exhalation shall be opened or turned up, or the surface thereof removed, between the first day of May and the first day of October in any year, except pursuant to a permit therefor first obtained from the Health Officer. § 83. No person shall hereafter occupy or use any building in the City of Yonkers for a stable, unless first authorized thereto by the Health Officer. The conditions upon which such permits are issued are: 1. The stable must be erected and completed in all its appointments. 2. The manure must be stored in tight receptacles and removed at frequent intervals. 3. The ventilation, lighting and drainage of the stable must be satisfactory to the Health Bureau. Code of Ordinances. 255 4. The erection of the stable must be begun within ninety (90) days after the date of application for a permit, and prosecuted to completion. 5. The position of the stable must be in accordance with a plan on file in the office of the Health Bureau. § 84. All manure when allowed to accumulate for more than twenty-four (24) hours, shall be kept in properly constructed manure pits. All manure pits shall be water tight and provided with proper covers, and shall be properly ventilated. All liquid discharges and water from stables shall be conducted by properly constructed drains to the public sewers, except in cases where special permit is ob- tained from the Health Officer. § 85. Every proprietor, lessee, tenant and occupant of any oyster house, oyster saloon or other premises where any oysters, clams, lobsters or fish are consumed, used or sold, or where any of the shells or refuse matter thereof shall accumulate, shall daily cause all such shells, offal and refuse matter to be removed therefrom to some proper place, and shall keep his house, saloon and premises at all times free from any offensive odors or accumulations. § 86. No deposit or accumulation of bones, decayed fish, meat or vegetables, clam or oyster shells or any of- fensive or unwholesome substance shall be made or per- mitted in any part of any tenement, dwelling house or shop in the City of Yonkers. § 87. No person shall permit or have any offensive substance, water or other liquid, whether refuse or for use in any trade or otherwise, on his premises to the prejudice of life b or health ; or throw, deposit or allow to run or be thrown or deposited into or upon any street or public place, lake, pond, stream or river in said city, any offensive or deleterious liquid, gas or solid, or any offensive matter whatsoever; or foul or render impure any natural stream of water in any manner which may be prejudicial to health; and any refiner or manufacturer of any produce whatsoever shall use the most approved and all reasonable and proper 256 Code of Ordinances. means to prevent the escape of smoke, gases and odors from his premises. § 88. No person or company shall erect or maintain within the limits of the City of Yonkers any manufactory or place of business dangerous to life or detrimental to health, or where unwholesome, offensive or deleterious odors , gas, smoke, deposit or exhalations are generated without a permit from the Health Officer and subject to sanitary regu- lations of the Health Bureau; and every such establishment now or hereafter established shall be kept clean and whole- some in every particular, so as not to be offensive or preju- dicial to life or health. § 89. The owners, lessees, tenants, occupants and managers of every building, vessel or place in or upon which a locomotive or stationary engine, furnace or boilers are used, shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place, so that the same shall not accumulate; nor shall any person cause, suffer or allow smoke, cinders, dust, gas, steam or offensive or noisome odors to escape or be discharged from any such building, vessel or place to the detriment or annoyance of any person or persons not being therein or thereupon engaged. TITLE IX. FILTH, GARBAGE, DIRT, ETC. § 90. No offal, garbage, refuse, rubbish, dead animals, putrid animal or vegetable matter, swill, brine, manure, urine, excrement, and no part of the contents of any sink, privy, vault or cesspool, and no filthy or offensive matter of any kind shall be thrown or allowed to run, drop, go or remain in or upon any street, public place, dock or pier in the City of Yonkers. § 91. No owner, tenant or occupant of any building or premises in the City of Yonkers shall employ, cause or permit any person, except a licensed scavenger or person authorized by the Health Bureau, to remove any part of Code of Ordinances. 257 the contents of any vault, privy, sink or cesspool (being thereon and of which he has control), unless according to a permit from the said Health Bureau; and no person shall empty or attempt to empty any vault, privy, sink or cesspool in said city without a permit from the Health Bureau, and no owner, tenant, agent or occupant of any building or premises in said city shall bury, or cause or allow to be buried the contents of any privy, vault or cesspool in the City of Yonkers, without a permit in writing from the Health Officer. § 92. It shall be the duty of every owner, tenant, lessee and occupant of every building in the built-up portion of the City of Yonkers forthwith to provide and at all times thereafter to keep clean and cause to be provided and kept, suitable and sufficient boxes, barrels, cans, vessels or tubs with air tight covers for receiving and holding, without leakage, and without being filled within four inches of the top thereof all the ashes, rubbish, garbage and liquid sub- stances of whatever kind that may accumulate during the period of three days, from said building, or the portion thereof of which such person may be the owner, tenant, lessee or occupant; a separate vessel shall be provided for ashes and rubbish, and another for garbage and liquid sub- stances; ashes or rubbish shall not be placed or kept in the same vessel with garbage and liquid substances. All ashes, rubbish, garbage and liquid substances that should be re- moved from said building shall be placed in the proper re- ceptacles, and no such box, barrel, can, vessel or tub shall remain on any sidewalk or in any public place longer than may be needed for the removal of the contents thereof. All such cans, vessels, barrels, tubs, boxes, etc., must be kept tightly covered at all times. § 93. Every receptacle for garbage or ashes shall be placed and kept in such a position (unless kept within or upon private grounds) as the Health Bureau or the Common Council shall provide, or the Health Officer or the police direct; and no person not for that purpose authorized shall interfere therewith, or with the contents thereof. § 94. No part of the contents of every privy, vault, sink or cesspool, and no offal, swill, garbage, offensive fluid. 258 Code of Ordinances. liquid or semi-liquid substance or material within the limits of the City of Yonkers shall be removed, nor shall the same be transported through any of the streets or avenues of said city, unless and except the same shall be removed and transported by means of an air-tight apparatus or in such manner as shall prevent entirely the escape of any noxious or offensive odors therefrom and with a permit from the Health Bureau. § 95. No person shall engage in the business of a scav- enger, or of transporting swill, offal, garbage or any other offensive or noxious substance, or in driving any cart or vehicle for that purpose in the City of Yonkers (except the persons acting under the direction of the Common Council, the Commissioner of Public Safety or the Commissioner of Public Works) until he shall have first received a permit from the Health Officer in each instance. § 96. Every scavenger or other person receiving a per- mit to empty, clean or disinfect any privy, vault, sink or cesspool, shall complete such work within forty-eight (48) hours after receiving such permit, and shall immediately report the same to the Health Bureau, which shall ascertain whether such work has been properly performed. No scavenger shall be entitled to receive compensation for such services, until his verified account therefor shall have been approved and certified by the Health Officer. § 97. No person having charge of any cart or other vehicle for carrying any offal, swill, garbage, rubbish or the contents of any privy, vault, sink or cesspool, having on it or in it any of said substances or anything nauseous or of- fensive shall unnecessarily permit the same to stand or remain, nor shall a needless number of persons gather before or near any building, place of business or other premises in or upon which such articles are being used; nor shall the person or persons in charge or control of said cart or vehicle permit an unreasonable length of lime to be occupied in loading or unloading the same, or in passing along any street or through any inhabited place or ground ; nor shall any such cart or vehicle, or the driver thereof or anything thereto Code of Ordinances. 259 appertaining be, or by any person having a right to control the same, allowed to be in a condition needlessly filthy or offensive. § 98. All carts or vehicles in the last section men- tioned, and boxes, tubs and receptacles thereon in which any substances referred to in said section may be or be carried, shall be strong and tight, and the sides shall be so high above the load or contents that no part of such con- tents or load shall fall, leak or spill therefrom; and when, in the opinion of the Board of Health, it is necessary to prevent the contents of such carts or vehicles, tubs, boxes or recep- tacles from being offensive, each of such carts or vehicles, tubs, boxes and receptacles shall be adequately and tightly covered as the orders or regulations of the Health Bureau may provide or direct. § 99. No driver of any such cart or vehicle, or any person having undertaken or being engaged about the load- ing or unloading thereof, or person having undertaken to empty or remove any manure, garbage, offal or the contents of any vault, sink, privy, cesspool or any noxious or offensive substances, shall *do or permit to be done about the same or in connection therewith that which shall be needlessly offensive or filthy in respect to any person, street, place, building or premises. § 100. No person owning or having in charge in the City of Yonkers, any cart or other vehicle for carrying the contents of any privy, vault, cesspool or sink, or offal, swill or garbage, shall keep or cause or allow to be kept any such cart or vehicle within fifty (50) feet of any dwelling house, without a permit having been first obtained from the Health Bureau; and all persons owning or having in charge any such carts or vehicles shall be required to thoroughly cleanse, each day, every such cart or vehicle, and to keep the same in good sanitary condition. § 101. All putrid and offensive matter, and all night soil, and the contents of sinks, privies, vaults and cesspools, and all noxious substances in the built-up portion of the City of Yonkers, shall, before their removal or exposure f 260 Code of Ordinances. be disinfected and rendered inoffensive by the owner, lessee or occupant of the premises where the same may be, or (in default of the same being done) by the person who removes or is about to remove the same; and for all such matter disinfected and rendered inoffensive, the person (not being such owner, lessee or occupant) who shall so' disinfect and remove the same, shall be entitled to demand and receive compensation, to be fixed by the Commissioner of Public Safety, not exceeding twelve (12) cents per cubic foot for making such disinfection and removal, to be paid by such owner, tenant or occupant. This section shall not apply to garbage placed in proper receptacles for removal according to other sections of this Code. § 102. No person shall take or allow any ship, boat, scow or other vessel to come into or lay to, at or within any dock, pier or slip in the City of Yonkers for the purpose of the shipment or removal of any offal, garbage, rubbish or offensive animal or vegetable matter, dirt, or dead animals, or place upon any dock, pier or slip for shipment or removal any of such substances, without a permit from the Board of Health. § 103. The Health Officer shall enforce the provisions of the Sanitary Code in regard to the removal of offal, swill, garbage or other offensive material, and shall cause the arrest of any and all persons who shall remove or attempt io remove through the streets of this city any offal, swill, garbage or other offensive material in violation of any of the sections of this Sanitary Code. TITLE X. DISEASED AND DEAD ANIMALS. § 104. No animal afflicted with an infectious or con- tagious disease shall be brought or kept within the limits •of the City of Yonkers without a permit from the Health Bureau. No animal having the glanders or farcy shall be kept, used, retained or permitted within said city. Code of Ordinances. 261 § 105. It shall be the duty of every veterinary surgeon who is called to examine or professionally attend any animal within the City of Yonkers having the glanders or farcy, within twenty-four (24) hours thereafter to report in writing to the Health Bureau the following facts, viz,: First, a statement of the location of such diseased animal; Second, the name and address of the owner thereof and of the person in whose possession the same may be; Third, the type and character of the disease. It shall be the duty of •every owner and person in possession of any such animal upon discovery of the fact that it is affected with glanders or fare y, to immediately report the fact to the Health Officer, and to remove or dispose of such animal in the man- ner designated by the Health Officer. § 106. No person shall leave in or throw into any public place, street or water or offensively expose or bury the body, or any part thereof, of any dead or fatally sick or injured animal ; and no person shall keep any dead animal or offensive meat, bird, fowl, or fish, in a place where the same may be dangerous to life or detrimental to the health of any person. § 107. Every person having a dead animal or any animal diseased past recovery or sick with any contagious or infectious disease on his premises in the City of Yonkers, and every person who has in his charge or under his control any animal which has died of any contagious or infectious disease in any street or place in said city, shall at once re- move, or cause to be removed, every such animal, and dispose of the same as the Health Officer may direct. § 108. Any animal being in any street or public place in the City of Yonkers, and appearing in the estimation of the Health Officer (and of two discreet citizens called by him to view the same in his presence.) injured or diseased past recovery for any useful purpose, and not being attended and properly cared for by the owner or by some proper person having charge thereof for such owner, or not having been removed to some private premises, or to some place designated by the Health Officer within one hour after being 262 Code of Ordinances. found or left in such condition, may be deprived of life by the Health Officer or as he may direct; and shall thereafter, unless at once removed by the owner or person having charge thereof for the owner, be treated as any other dead animal found on a street or public place. TITLE XI. SLAUGHTERING, SLAUGHTER HOUSES, OFFENSIVE OCCUPATIONS. § 109. The keeping and slaughtering of all cattle, sheep and swine, and the preparation and keeping of all meat and fish, birds and fowl, shall be in that manner, which is, or is generally reported or known to be best adapted to secure and continue their safety and wholesomeness as food; and every butcher and every person owning, leasing or occupying any place, room or building where any cattle, sheep or swine have been or are killed, and dressed and every person being the owner, lessee or occupant of any room or stable where any cattle may be kept, or market, public or private, shall cause such place, room, building, stall or market and their yards and appurtenances to be thoroughly cleaned and purified, and all offal, blood, fat, garbage, refuse and unwholesome and offensive matter to be removed therefrom at least once in every twenty-four (24) hours after the use thereof for any of the purposes herein referred to; and shall also at all times, keep all wood work, save floors and counters in every building, place or premises aforesaid, thoroughly painted or whitewashed. § 110. No building occupied wholly or partly as a slaughter house or any part thereof, or any building on the same lot, shall be occupied or permitted to be occupied for a dwelling or lodging place without a permit from the Health Officer. It shall be the duty of every owner, lessee, tenant or occupant of any building occupied wholly or partly as a slaughter house to keep such building at all times adequately and thoroughly ventilated; to permit no blood to remain Code of Ordinances. 263 therein over night; to cause adequate underground connec- tion to be made and maintained from any such building with a public sewer, whenever practicable, and where there is no public sewer adjacent or accessible from said premises, then said building shall be constructed and used in such manner for said business as the Health Officer may prescribe to cause the floor of such building on which slaughtering is done and the yard to be and to be kept properly cemented and paved so as not to absorb blood and so as to carry all liquids into the sewers, or in the manner which may be otherwise prescribed by the Health Officer, to permit no blood or dirty water, or other substance from any animal slaughtered in any building or place to run, fall or be in or upon any public street, avenue, sidewalk or place. § 111. Every slaughter house and the business of slaughtering cattle, sheep or swine within the City of Yonkers, shall be at all times subject to the inspection of the Health Officer, and subject to all sanitary regulations of the Health Bureau. § 112. No person shall boil, heat, dry, keep, store or manufacture any offal, swill, blood, bones, fat, tallow or lard, save in ordinary cooking, or any decaying animal or vegetable matter; nor shall the business of bone crushing, bone boiling, bone grinding, bone or shell burning, lime making, fat burning, gut cleaning, skinning or making glue from any part of dead animals, heating, drying, storing, shipping any blood, scrap, fat, grease or any offensive animal or vegetable matter, or the manufacture of any varnish or oil, or the distilling of any ardent or alcoholic spirits, or the conducting of any business or occupation that will or does generate any unwholesome, offensive or deleterious gas, smoke, deposit or exhalation, or that is or would be danger- ous or detrimental to life or health, be carried on anywhere in the City of Yonkers, without a permit from the Health Officer. § 113. No person or persons engaged in the business of buying or selling rags shall keep, or store, or sort the same within one hundred (100) feet of any tenement or 264 Code of Ordinances. dwelling house, except the house occupied exclusively by the person and his immediate family engaged in such business without a permit from the Health Officer. TITLE XII. POLLUTION OF STREAMS. § 114. No person shall throw, deposit, discharge or convey, or cause to be thrown, deposited, discharged or con- veyed into the Nepperhan River in the City of Yonkers, or into any pond or stream in said city, any garbage, refuse, excrement, animals, either dead or living, or any vegetable or animal matter liable to decay and emit offensive or un- wholesome gases or effluvia, or anything which is or is likely to become a nuisance, dangerous or detrimental to public health. § 115. There shall be no sewage or any unclean dis- charge whatsoever which is or may become injurious to health from any dwelling house, privy, vault, cesspool, slaughter house, factory, store, stable or other building into the Nepperhan River, or any pond or stream in the City of Yonkers. § 116. No owner, lessee, tenant or occupant of any premises in the City of Yonkers, adjacent to or in the vicinity of the Nepperhan River, or any pond or stream, shall con- struct, use, maintain or permit to remain or be used upon the premises so owned or occupied by him, any privy, water closet or cesspool, situated so that excrement, slops, garbage or any vegetable or animal matter which is or is likely to become a nuisance or offensive, can pass or be discharged therefrom into or upon either the waters of the Nepperhan River or any pond or stream in the City of Yonkers, or upon the surface of the land adjacent to or in the vicinity of said Nepperhan River or stream. Code of Ordinances 265 TITLE XIII. NUISANCES. § 117. Whatever is dangerous to human life or to health, whatever building, erection, or part or cellar thereof is overcrowded, or not provided with adequate means of ingress and egress, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted, and whatever renders the soil, air, food or water impure or unwholesome, are de- clared to be nuisances and to be illegal; and every person having aided in creating, or contributing to the same, or who may support, continue or retain any of them, shall be deemed guilty of a violation of this section, and shall also be liable for the expense of the abatement and remedy thereof. § 118. No privy, vault, sink, water closet, cesspool, garbage receptacle or the contents thereof, and nothing in any room, excavation, building, premises or place in the City of Yonkers shall be allowed to become a nuisance or offensive, so as to be dangerous or prejudicial to life or health. § 119. No person shall take, carry, expose or place (or induce any other person to do so) in or upon any street or public place, any substance, animal or thing which shall imperil the life or health of any person who may properly be in such street or place. § 120. No person shall keep or allow upon any prem- ises owned or occupied by him any dog or other animal which shall, by noise, disturb the quiet or repose of anyone in the vicinity, or to the detriment of the life or health of any human being. § 121. No person or persons in the City of Yonkers shall keep, or allow to be kept any dog or dogs in any tene- ment house, or in the cellar or yard thereof, or any other kind of animal which is or is likely -to become a nuisance. § 122. No corporation, person, owner, lessee or occu- pant of any factory shall be allowed to ring bells or blow 266 Code of Ordinances. whistles or produce othei noises which shall disturb the quiet or repose of any one in the vicinity. § 123. No person or persons shall keep or cause or allow to be kept in or upon any building or premises in any part of the City of Yonkers, any pigs or swine, without a written permit from the Health Officer, such permit to be revoked at pleasure. § 124. No person or persons shall keep or cause or allow to be kept in any tenement or dwelling house or on the premises on which the same are situated, or any part thereof, in the City of Yonkers, any pigeons, chickens, geese or ducks, without a written permit from the Health Officer, such permit to be revoked at pleasure. § 125. No person or persons shall keep or cause or allow to be kept any cow or cows in any part of the City of Yonkers, in any shed, bam or structure within fifty (50) feet of any tenement or dwelling house without a written permit from the Health Officer, said permit to be granted only after inspection and approval of such shed, barn or structure by the Veterinary Inspector or the Health Officer, and no person or persons shall keep or cause or allow to be kept in any part of the City of Yonkers, any cow or cows in the cellar or any part of a tenement or dwelling house used by human beings, nor in any place where the water, ventilation and food supply are not pure and wholesome for the preservation and safe condition of such cow or cows. § 126. Spitting upon the floors of public buildings and of railroad cars and upon the sidewalks is hereby forbidden, and persons in charge of such buildings and cars shall keep posted permanently in each public building and in each railroad car a sufficient number of notices forbidding the spitting upon the floors, and janitors of buildings and con- ductors of cars shall call the attention of all violators of this section to such notice. STREET RAILROAD CARS. § 127. It shall be unlawful for any surface railroad company, its officers, agents or employes to run, .use or op- Code of Ordinances. 267 erate any open cars for carrying passengers within the limits of the City of Yonkers at any time during the period inter- vening between the first day of October and the fifteenth day of April under penalty of one hundred dollars ($100.00) for each and every offense. § 128. Every surface railroad company, its officers, agents or employes, shall equip or cause to be equipped, its open cars with curtains, constructed and applied in such a manner that they can be easily pulled and fastened down for the protection of passengers against the action of the elements, under a penalty of one hundred dollars ($100.00) for each car not so provided. § 129. Each car of each surface railroad in the City 7 of Yonkers shall at all times be provided with a sand box in which shall be kept a sufficient quantity of sand for use in descending hills, and no car must be run in said city not so provided. § 130. Each car of each surface railroad in the City of Yonkers shall at all times be provided with a brake at either end of said car of sufficient strength to stop said car while descending a hill. § 131. Each car of each surface railroad in the City of Yonkers shall at least once in every twenty-four (24) hours be thoroughly cleansed and kept in a sanitary condition. § 132. No street railway in the City of Yonkers shall require or permit any window in the vestibules of its cars to be kept permanently opened between October first and May first, and every street railway in said city between said dates shall maintain in said cars a temperature not less than sixty (60) degrees Fahrenheit and shall also provide proper ventilation. § 133. No person being the owner, lessee or tenant of any house or building shall allow any water or liquid to run from or out of or from the roofs of, into or upon the premises adjoining, or across any sidewalk, curbstone, gutter or upon the surface of any street; the surface water shall be so drained away from all houses as to prevent it dripping on 268 Code of Ordinances. the ground or causing dampness in the walls, yards or areas. The leaders from all buildings must be properly and sep- arately trapped and connected with the main house drain or sewer. § 134. Whenever a nuisance in any place at or upon any premises in the City of Yonkers shall have been found or declared by the Health Officer to exist, and an order shall have been made directing the owner, lessee or occupant of such premises to make suitable repairs or improvements or to abate the said nuisance, such repairs and improvements shall be made and such nuisances shall be immediately and fully abated in the manner directed by the Health Officer. This section shall not be construed to relieve or exempt any person from any liability which he may incur for viola- tion of any of the other sections of this Code. § 135. It shall be the duty of every owner, agent, lessee or tenant of any vacant, sunken or excavated lot in the City of Yonkers to keep the same at all times clean and in- offensive. § 136. It shall be unlawful for any owner or occupant of a tenement house to cut or turn off the water therefrom except in case of necessity arising from a serious leak or bursting of pipes. Whenever the water is, from any such cause, turned off or cut off, such fact must be immediately reported to the Health Bureau. The unlawful turning off of water from a tenement house shall be deemed a mis- demeanor. TITLE XIV. SANITARY AND SAFE CONDITION OF BUILDINGS. § 137. Every owner, lessee, tenant, proprietor or man- ager of any boarding house, hotel, factory or other building where several people are employed or reside, shall cause every part thereof and its appurtenances to be put and kept in a cleanly and wholesome condition, and shall cause every department thereof in which any person may sleep, dwell or work, to be adequately lighted and ventilated; and Code of Ordinances. 269 if the same be a factory, he shall cause every part thereof in which a person may work to be maintained at such tem- perature and be provided with such accommodations and safeguards as not by reason of the want thereof or of any- thing about the condition of any such manufactory or its appurtenances, to cause unnecessary danger or detriment to the life or dealth of any person being properly therein or thereat. § 138. Every hotel, lodging house, tenement house, work shop, or other building where several persons are em- ployed, factory, school, church, hall and every public build- ing shall be open to the inspection of the Health Officer. Every owner, lessee, tenant, occupant or person in charge or having any care or responsibility of any such building or any public building, who shall have any knowledge or in- formation of any defects therein, whereby any avoidable peril may come or happen to any person being properly in such building, or having any knowledge or information of anything prejudicial to life or detrimental to health, or of any nuisance or of anything likely to become such, in or about such building or the premises thereof, shall promptly give notice of the same to the Health Bureau, and in such notice, as fully as possible describe the locality. The rem- edy in respect to such building or its premises, or the re- pairs or improvements thereof, or the abatement of any nuisance which the Health Officer may at any time order or direct, shall be at once provided by the person or persons- who shall own or have in charge or be responsible for the premises described in the order or direction of the Health Bureau. § 139. Whenever it shall be certified to the Commis- sioner of Public Safety by the Health Officer that any building or part thereof in the City of Yonkers is infected with contagious disease, or by reason of want of repair has become dangerous to the health of the inmates, or is unfit for human habitation because of defects in drain- age, plumbing, ventilation, or the general construc- tion of the same, or because of the existence of a nuisance on the premises, or any unsanitary con- 270 Code of Ordinances. dition thereof which may be likely to cause sickness among its occupants, the said Commissioner of Public Safety mav issue an order requiring all persons therein to vacate such building or part thereof as said Commissioner of Public Safety may deem necessary. The Commissioner of Public Safety shall cause the said order to be affixed conspicuously in the building or part thereof, and to be personally served on the owner, lessee, agent or occupant or any person having charge or care thereof, if the owner, lessee or agent cannot be found in Yonkers or does not reside therein, or evades or resists service, then said order may be served by depositing a copy thereof in the Post Office in the City of Yonkers, properly enclosed and addressed to such owner, lessee, or agent at his last known place of residence or business and prepaying the postage thereon ; ten days after said order shall have been posted or mailed as aforesaid, such building or part thereof as may have been condemned by the Com- missioner of Public Safety shall be vacated and shall remain vacated until such time as the said Commissioner may be satisfied that the nuisances have been abated, that all danger to the puplic health from such building or part thereof has ceased to exist and that said building has been repaired and made habitable, when said order of condemnation may be revoked. §|140. Whenever it shall be certified to the Commis- sinoer of Public Safety by the Health Officer that any tene- ment, boarding, lodging or other house is so overcrowded that there shall be afforded less than five hundred (500) cubic feet of air to each occupant of such building, the said Commissioner of Public Safety may issue an order requiring the number of occupants of such building to be reduced so that the inmates thereof shall not exceed one person to each five hundred (500) cubic feet of air space in such building and no sleeping room shall be constructed to contain less than four hundred (400) cubic feet of air for each adult and two hundred (200) cubic feet for each child under twelve years of age; notices and orders to be served and mailed as prescribed in section 139. § 141. No owner, lessee, occupant or tenant of any Code of Ordinances. 271 building or erection in the City of Yonkers, shall allow any part thereof or any substance therein or anything thereto attached, and which any such person can control or remove to continue or remain in a position or condition that shall imperil the life and safety of any person thereat or therein, or who is or who may properly be in any public street or place; no vault, cellar or underground room shall be occupied as a place for lodging or sleeping, except the same be ap- proved in writing and a permit given therefor by the Health Officer; no tenement house, lodging house or dwelling house or any portion thereof shall be used as a place of storage for any article or anything detrimental to health. TITLE XV. LIGHT AND VENTILATION OF TENEMENT HOUSES. § 142. This Sanitary Code shall- be held to apply to the entire territory within the City of Yonkers, and to persons therein except when it is herein expressly provided other- wise ; the term ‘ 4 Health Officer ’ ’ wherever used herein shall be held to mean the Health Officer of the City of Yonkers, N. Y. ; the words “city,” or “this city 4 ” or 44 said city” wherever used therein, shall be held "to mean the City of Yonkers, N. Y. ; the words 44 person ” or 44 persons ” wherever used herein, shall be held to include corporations or associa- tions wherever such construction is necessary. § 143. (a) A 44 tenement house ” within the meaning of this Article shall be taken to mean and include every house or building or portion thereof, which is rented, leased, let or hired out to be occupied or is occupied as the home or residence of three or more families, living independently of each other and doing their cooking on the premises. (b) A 44 lodging house ” shall be taken to mean and include every house, or building or portion thereof in which persons are harbored or received or lodged for a single night, or for less than a week at one time, or any part of which is let for any person to sleep in for a term less than a week. 272 Code of Ordinances. (c) The phrase “ boarding house ” shall be held to in- clude every building or portion thereof which is at any time or usually used, leased or occupied, or intended to be, by any number of persons exceeding five as boarders thereat. (d) A cellar ’ ’ shall be taken to mean and include every basement or lower story of any building or house, of which one-half or more of the height from the floor to the ceiling is below the level of the street or ground adjoining. (e) A “ yard ” is an open, unoccupied space on the same lot with a tenement house, between the extreme rear line of the house and the rear of the lot. (f) A “ court ” is an open, unoccupied space other than a. yard on the same lot with a tenement house. A court not extending to the street or yard is an inner court. A court extending to the street or yard is an outer court; if it extends to the street, it is a street court; if it extends to the yard, it is a yard court. (g) A “shaft” includes exterior and interior shafts, whether for air, light, elevator, dumbwaiter, or any other purpose. A vent shaft is one used solely to ventilate or light a water closet compartment or bath room. (h) The term “ garbage ” shall be held to include every accumulation of animal and vegetable matter, liquid or otherwise, that attends the preparation, decay and dealing in, or storage of meat,, fish, fowl, birds or vegetables and also canned fruit, canned meat, old shoes and rubbish likely to decompose or emit disagreeable odors. The word “ ashes ” shall be held to include cinders, coal and everything that usually remains after fires. (k) The word “ shall ” is always mandatory, and not directory, and denotes that the house shall be maintained in all respects according to the mandate as long as it continues to be a tenement, lodging or boarding house. § 144. No house, building or portion thereof in the City of Yonkers shall be used, occupied, leased or rented for a tenement, boarding or lodging house, unless the same conforms in the construction to the requirements of this article, and if occupied by more than one family on a floor, and if the halls do not open directly to the external air, Code of Ordinances. 273 with suitable windows, without a room or other obstruction at the end, it shall not be used, leased, occupied or rented unless sufficient light and ventilation is otherwise provided in such halls. Every such house or building shall have in the roof at the top of the hall an adequate and proper sky- light and ventilator of a form approved- bv the Inspector of Buildings. § 145. A building not erected for use as a tenement, boarding or lodging house, if hereafter converted or altered to such use, shall thereupon become subject to all the pro- visions of this Article affecting such tenement, boarding and lodging houses hereafter erected. § 146. Behind every tenement house hereafter erected there shall be a yard extending across the entire width of the lot, and at every point open from the ground to the sky unobstructed, except that fire escapes or unenclosed outside stairs may project not over five feet from the rear line of the house. The depth of said yard, measured from the extreme rear wall of the house to the rear line of the lot, shall be as set forth in the following sections. § 147. No tenement house hereafter erected, except as specified in the following Sections, shall occupy more than seventy-five (75) per cent, of the lot, provided that the space occupied by iron fire-escapes or unenclosed outside stairs shall not be deemed part of the space occupied. § 148. The depth of the yard behind every tenemenl house hereafter erected, except on a corner lot, shall not be less than twelve feet for a building thirty-six feet or less in height and shall be increased one foot for every additional twelve feet in height. When the first story is occupied as a store, the store may extend the full depth of the lot and the yard start from the second tier of beams. § 149. The depth of the yard behind every tenement house hereafter erected upon a corner lot shall not be less than ten feet, except in lots less than one hundred feet in depth. The yard shall be at least ten per cent, of the depth of the lot. When the first story is occupied as a store, the 274 Code of Ordinances. storey-may extend the full depth of the lot and the yard starts at the second tier of beams. § 150. When a lot -is situated on the corner of two streets, and when the width of the lot is greater than fifty feet, the excess over said fifty feet shall not be deemed part of a corner lot, but shall be subject to the provisions of this article, in relation to lots other than corner lots. § 151. "Whenever a tenement house hereafter erected is on a lot which runs through from one street to another street, and said lot is not more than one hundred feet in depth, the court space shall conform to the sections in the ordinance referring to courts, and when said lot is more than one hundred feet in depth, the depth of the yard space must be twelve per cent, of the depth of the lot and shall extend across the full width of the lot. Where the ground floor of such building is used or intended to be used as a store, such yard space may start at the second story beams. § 152. No court of a tenement house hereafter erected shall be covered by a roof or skylight, but every such court shall be at every point open from the ground to the sky un- obstructed, except when the first story is occupied as a store, in which case the court may start from the top of the second story be ms, and shall conform to the requirements of the following sections ; provided that an apartment not contain- ing any room fronting upon the street or yard may have a fire-escape in a court, projecting not more than five feet from the wall of the house. § 153. Where one side of an outer court is situs t d on the lot line, the width of the said court, measured from the lot line to the opposite wall of the building, for tenement houses thirty-six feet or less in height shall not be less than three feet in any part and for every twelve feet or fraction thereof increase in height of said building, such width shall be increased 6 inches throughout the height of said court. If said court exceeds forty (40) feet in length, and does not extend all the way from the street to the yard, the width shall be increased six inches throughout its entire length for every ten feet or fraction thereof increase in length, or Code of Ordinances. 275 each additional ten (10) feet or fraction thereof increase in length shall be increased one (1) foot in width. § 154. Where an outer court is situated between wings or parts of the same building, or between different buildings on the same lot, the width of said court, measured from wall to wall, for tenement houses thirty-six feet or less in height, shall not be less than six feet in any part; and for every twelve feet increase or fraction thereof in the height of the said building, such width shall be increased one foot throughout the entire height of the said court. If said court exceeds forty (40) feet in length and does not extend all the way from the street to the yard, the width shall be increased one foot throughout its entire length for every ten feet or fraction thereof increase in length, or each additional ten (10) feet or fraction thereof increase in length shall be increased two (2) feet in width. § 155. Whenever an outer court is less in depth than the minimum width prescribed in the preceding section, then its width may be equal to but not less than, its depth. § 156. Tenement houses hereafter erected outside the fire limits where outer courts extend from the street to the yard, or from front to a rear court, when such a court is situ- ated on the lot line, for buildings twenty-four feet or less in height, the width of such court shall not be less than three feet in any part; and for every twelve feet or fraction thereof increase in height, the width shall be increased six inches. When such a court is between buildings on the same lot, for buildings twenty-four feet or less in height, the width shall not be less than six feet in any part; and for every twelve feet or fraction thereof increase in height, the width shall be increased six inches throughout the entire height. If the length of the said court exceeds forty-eight feet, for every ten feet or fraction thereof increase in length, it shall be increased six inches in width throughout its entire length and height. § 157. Any outer court may be extended or enlarged by offsets or recesses providing the depth of such offsets or recesses shall never exceed their width. 276 Code of Ordinances. § 158. Where one side of an inner court is situated oo the lot line, the width of the said court, measured from the lot line to the opposite wall of the building, for tenement houses thirty-six feet or less in height, shall not be less than seven feet, six inches in any part; and ils other horizontal dimension shall not be less than twelve feet in any part; for every twelve feet or fraction thereof increase in the height of said building, such width shall be seven feet and six inches throughout the entire height of said court and the other horizontal dimension shall be increased one foot throughout the entire height of said court. § 159. Where an inner court is not situated on the lot line for a tenement house thirty-six feet or less in height, the width of such court shall not be less than fifteen feet and its horizontal dimension shall not be less than twelve feet; and for every twelve feet or fraction thereof increase in height such other horizontal dimension shall be increased one foot throughout its entire height. § 160. Every inner court shall be provided with one or more horizontal intakes or ducts at the bottom. Said intakes or ducts shall not be less in total area than two per cent, of the area of said court, and shall always communicate directly with the street or yard. Whenever the said intake or ducts consist of a passage way or passage ways, such pass- age ways, if closed, shall always be provided with open grilles or transoms of a size not less than the area of the intake, and such open grilles or transoms shall never be cov- ered over with glass or in any other way. § 161. Any inner court may be extended or enlarged by offsets or recesses, providing the depth of such offset or recess shall never exceed its width. § 162. Nothing contained in the foregoing sections con- cerning inner and outer courts shall be construed as pre- venting windows at the angles of said courts, provided that the running length of the wall containing such windows does not exceed six feet. § 163. In every case the room or compartment in which a water closet is placed must be open to the outer Code of Ordinances. 277 air, or be ventilated by means of an air duct or shaft not less than three feet square in area. § 164. If a vent shaft is roofed over, open ventilators must be provided having an area equal to the area of the shaft. § 165. Every vent shaft shall be provided with a horizontal intake or duct at the bottom, communicating with the street, yard or court; such duct or intake must be con- structed of fireproof material and must have an area of at least one and one-half square feet. § 166. In all inner courts and vent shafts means must be provided for cleaning same, and if they extend to the cellar, they must be provided with self-closing fireproof doors. § 167. In every tenement house hereafter erected, the bottom of all courts, areas and yards which extend to the basement for light or vent ilal ion of living rooms shall be properly drained, and where necessary connected to the sewer so that all water may pass freely into it. § 168. In every tenement house hereafter erected, every room, except water closet compartments and bath rooms shall have at least one window opening directly on the yard, street or court, -but not on- a vent- shaft. § 169. In every tenement house hereafter erected the total window area in each room, except water closet com- partments and bath rooms, shall be at least one-tenth of the floor area of the room, and the top of the window shall not be less than seven feet, six inches above the floor and the upper half of it shall be made so as to open the full width. No such window shall be less than twelve feet in area between the stop beads. § 170. In every tenement house hereafter erected! the total window area in a water closet compartment or bath room shall not be less than three square feet and no such window shall be less than one foot in* width, measured between the stop beads. § 171. In every tenement house hereafter erected, all rooms, except water closet compartments and bath rooms, 278 Code of Ordinances. shall be of the following minimum size: In each apartment there shall be at least one room containing not less than 120 square feet of floor area, and each other room shall contain at least 70 square feet of floor area. Each room shall be in every part not less than nine feet high from the finished floor to the finished ceiling; provided lhat an attic room need be nine feet high in but one-half of its area. §172. In every tenement house hereafter erected where any room adjoins another room, and has eighty per cent, or more of one entire side open to the other room, and there is no door between, it shall be considered as part of the said room. Under other circumstances every alcove shall be deemed a separate room for all purposes within the meaning of this article. But no apartment shall contain more than one such alcove. § 173. In tenement houses hereafter erected no room in the cellar or basement shall be occupied for living pur- poses unless the following conditions, in addition to all other requirements of this article, are complied with. a. Such room shall be at least eight feet high in every part, from the floor to the ceiling. b. The ceiling of such room shall be at least four feet and six inches above the surface of the street or ground at every point, but no such basement or cellar shall be occupied as a habitation unless, in the opinion of the Health Officer, it has sufficient light and ventilation. § 174. In all tenement houses where plumbing or other pipes pass through partitions or floors, the openings around such pipes shall be ceiled or made air tight with plaster or other incombustible materials so as to prevent the passage of air or the spread of fire from one room to another or from floor to floor. TITLE XVI. SANITARY CONDITION OF BUILDINGS. § 175. Every tenement house, boarding or lodging house, and every part thereof, shall be kept clean and free Code of Ordinances. 279 from any accumulation of dirt, filth, garbage or other matter in or on the same, or in the yards, courts, passages, areas or alleys connected therewith, or belonging to the same. § 176. The owner of every tenement house shall thor- oughly cleanse all the rooms, passages, floors, stairs, win- dows, doors, walls, ceilings, privies, water closets, cesspools, drains, halls, cellars, roofs and all other parts of said tene- ment house, or part of house, of which he is the owner, to the satisfaction of the Health Officer, and shall keep the said parts of the said tenement in a cleanly condition at all times. § 177. No wall paper shall be placed upon a wall or ceiling of any tenement unless all wall paper shall be first removed therefrom and said wall and ceiling thoroughly cleansed. § 178. The owner, lessee, tenant or occupant of every tenement house shall provide for such building proper and suitable conveniences or receptacles for ashes, rubbish, garbage, refuse and other matter. Such receptacles shall be constructed of galvanized iron with cover, and shall not be allowed to become offensive. TITLE XVII. FILING OF PLANS. § 179. Before the construction or alteration of a tene- ment house or the alteration or conversion of a building for use as such, is commenced, the owner, or his agent or architect, shall submit to the Inspector of Buildings, along with the building application, a detailed statement in writ- ing, verified by the person making the same, of the specifica- tions for the light and ventilation of such tenement house building upon a blank or form to be furnished by such In- spector. Upon the approval of the same by the Health Officer, a certificate shall be issued to the person submitting the same. If such construction, alteration or conversion is proposed to be made by any other person than the owner 280 Code of Ordinances. of the land in fee, such statement shall contain the full name and residence, street and number not only of the owner of the land, but every person interested in such tenement house, either as owner, lessee or in any representative capacity. The said inspector may, from time to time, approve changes in any plans and specifications when such changes shall be in conformity with the law. The construction, alteration or conversion of such tenement house or building, or any part thereof, shall not be commenced until the filing of such plans, specifications and statements, and the approval thereof, as above provided. § 180. (a) No building hereafter constructed as, or altered into, a tenement, lodging or boarding house, shall be occupied in whole or in part for human habitation until the issuance of a certificate by the Board of Health that such building conforms in all respects to the requirements of this article. Such certificate shall be issued within ten days after written application therefor, if said building, at date of application, shall be entitled thereto. (b) Applicants for a permit shall also submit, for per- manent record, a plan of the lot or site upon which it is in- tended to erect the building or structure, which plan shall show the location and dimensions of such lot, the width of the street or streets, alleys or court ways upon which such lot or site abuts, the sidewalks and curb-lines thereof, the location of any building or structure thereon and the distance of the nearest point of all building lines on the adjoining lot within ten (10) feet of the lot line. (c) The application shall be accompanied by a state- ment in writing giving the location and intended use of the building with a description of the land and the number of the sub-lot, name of owner and street, and each of the owners of said building, structure or premises. (d) If, after a permit shall have been issued and if the operation called for by it shall not be begun within six (6) months of the date thereof, said permit shall be void, and before such operation can be begun, a new permit shall be taken out by the owner or his agent or architect. (e) An application to modify the plans and specifica- tions of which the permit is to be issued may be considered Code of Ordinances. 281 by the Health Officer and a permit granted, provided such modifications are not prejudicial to the light and ventilation of the building, and that any building shall not occupy a greater lot space than the provisions of this Code provide. TITLE XVIII. LIABILITIES, PENALTIES, REMEDIES. § 181. The owner, agent, lessee, tenant or occupant of any building or premises, or of any part thereof, whereon there shall be any public nuisance, or cause or promotant of disease or ill-health, or subject matter of offense, in viola- tion of any of the provisions of this Sanitary Code, or of any ordinance of the Common Council, or any order or regulation of the Health Bureau, shall be jointly and severally liable therefor, and each of them may be required to abate the nuisance, or comply with the order of the Health Officer in respect to the premises or part thereof of which the said person is owner, lessee, tenant or occupant. § 182. Every person violating any of the provisions of the Sanilary Code, or any order or regulation of the Health Bureau or Health Officer of the City of Yonkers, N. Y., shall for each and every offense forfeit and pay a penalty of one hundred dollars ($100.00) except when otherwise provided, which penalty shall be recoverable, with costs, in an action brought by the Commissioner of Public Safety, in the name of the City of Yonkers, in any court of competent jurisdiction. § 183. All penalties collected under this ordinance shall be paid into the City Treasury and shall be applicable to such purposes as the Common Council of the City of Yonkers shall direct. § 184. Except as herein otherwise specified, the pro- cedure for Ihe prevention of violations of this article, or for the vacation of premises unlawfully occupied, or for other abatement of nuisance in connection with a tenement, lodging or boarding house shall be as set forth in the Second Class Cities Law and the Supplemental Charter of the City 282 Code of Ordinances. of Yonkers, the ordinances of the Common Council and Sanitary Code of the City of Yonkers. § 185. No person shall interfere with, obstruct or im- pede the Health Officer, any policeman or other person authorized by the Health Bureau in making any sanitary inspection or examination, or in the performance of any act authorized by this Sanitary Code, or by statute or by lawful authority. ARTICLE XXIV. MISCELLANEOUS PROVISIONS. Section 1. If a member of the Common Council shall at any meeting, be guilty of disorderly conduct, or utter im- proper or offensive words or insinuations tending to impede the public business, or to wrongfully reflect upon the Common Council, or any officer or member thereof, the President of the Common Council shall be empowered, and it is hereby declared to be his duty, to call such offending member to order, and to require him to make prompt and satisfactory apology to the Common Council for such misconduct. If he shall refuse to so apologize, or shall repeat the offence, the President of the Common Council may order his removal from the place of meeting; and if two-thirds of the Common Council so determine, at any meeting following that at which the offence was committed, such offending member may be expelled from the Common Council. § 2. Every person other than an officer of the city, who shall pay over any money to the Cily Treasurer, shall take the Treasurer’s receipt for the money paid, and shall, within two days from the date of such receipt, present the same to the City Clerk to be countersigned ; and no receipt of the City Treasurer to any such person shall be a valid and effect ual discharge for such payment until the same is countersigned as aforesaid. § 3. No telephone, telegraph or electric light poles shall be erected in any of the streets, avenues or squares in the Code of Ordinances. 283 City of Yonkers without first obtaining the consent of the owner or owners of the premises in front of which said pole or poles are to be erected. § 4. All licenses or permits granted by the Mayor or City Clerk under these ordinances may be revoked or sus- pended by the Mayor at his discretion. § 5. The word “ person ” or “ persons ” wherever used in these ordinances shall be construed to include a corpora- tion or corporations; the word “street” to include all public streets, avenues and squares; and the word “ city ” to mean the City of Yonkers. § 6. The penalty for violation of any of these ordin- ances, when not otherwise specified, shall be a sum not less than one ($1.00) dollar nor more than fifty ($50.00) dollars, in the discretion of the magistrate convicting, or in a civil action, in the discretion of the Court wherein the action shall be tried. § 7. All ordinances of the City of Yonkers inconsistent with this ordinance are hereby repealed. § 8. This ordinance shall not be construed to affect or impair any right, interest, privilege or power which has accrued or been conferred heretofore, or any penalty, obliga- tion, liability, forfeiture or assessment, heretofore incurred, or any action or proceeding now pending and not finally determined. § 9. This ordinance shall go into effect upon the 15th day of January, 1912. Adopted by the Common Council, December 26, 1911. Approved by the Mayor, December 27, 1911. JOHN T. GEARY, City Clerk. 284 Code of Ordinances. STATE OF NEW YORK, ) COUNTY OF WESTCHESTER, V CITY OF YONKERS, J I, John T. Geary, City Clerk of the City of Yonkers, do hereby certify that I have compared the foregoing ordinance with the original thereof on file in this office, and that the same is a correct transcript therefrom and of the whole of said original. In Witness Whereof, I have hereunto set my hand and affixed the seal of my office this 28th day of December, 1911. JOHN T. GEARY, City Clerk. • ' . INDEX TO CODE OF ORDINANCES. Figures refer to pages of Code. Page Adulterated food 250 Advertisements, distributing, throwing or dropping on streets 40 license for posting and distributing 43, 45-46 posting on house, wall, fence, post, tree, etc._ _ 40 Alteration of buildings 110, 141, 178 Animals, diseased and dead 260 running at large 60-63 Apartment house 114 and see Tenement house Applications for building permits 111 Areaways 134 Ashes 59 Assignation, house of 40 Auctioneers 43 Automobiles, omnibus or sight-seeing 27 and see Motor Vehicles Awnings, hanging merchandise on 13 Ball-playing in streets 12, 26 Barbed wire fences 13 Bathing in Hudson River 38 Bay windows 145 Beams in buildings 135 Berries, sale of 54 Bicycles, lights, signals, rate of speed, and coasting 30 Bill posting and distributing 45-46 Births, reports of 242 Board of Estimate proceedings, journal of 6 Boarding house, water closets in 253 Boilers, inspection of 72-80 Books filed 5 Bricks, quality of 116 Brothel 40 Building Code Alterations 110, 141, 178 Anchors 136 Apartment house 114 Application 111 Areaways 134 Bay windows 145 Beams 135 Bricks, quality of 116 Bulkheads 145 Calculations 159 Cements, quality of 117 Chimney flues 137 Columns 135 Concrete 118 Cornices 145 Definitions 114 ( 899 ) Building Code — Continued Page Demolishing Building 112 Drying rooms 144 Enlargement 110 Entrances 139 Erection 110, 141 Excavations 120 Fair and exhibition 144 Fire escapes 139 limits 179 places 137 Fireproof buildings 116, 146 Floor lights 140 loads 157 Foundations 120 Frame buildings 115, 182 Girders 125 Grain elevators 143 Heating plans 137 Heating apparatus 144 HoteL__ 114 Ice storage 143 Inspector of buildings 186 Iron, quality of 119 Iron and steel construction 148 Lodging house 114 Materials, quality of 116 strength of 159 Measurements 113 Mortar, quality of 117 N on-fireproof building 116 Partitions 125 Penalties 186 Permit 111 Piers 123, 125, 144 Places of assemblage 165 Plans 111, 112 Preliminary requirements 110 Private dwelling 114 Proceedings 186 Public buildings 165 Quality of materials 116 Raising of buildings 178 Reinforced concrete 151 Removal of buildings 110, 178 Repairs 110, 112 Retaining walls 121 Roofs 145 Sand, quality of 117 Shed coverings 141 Sheds 143 Signs and showboards 182 Skylights 140 Smokehouses 144 Soils 122 Stairs 139 Steel, quality of 119 11 Building Code — Continued Page Steel construction 148 Strength of materials 159 Temporary supports 157 Tenement house 114 Tests of materials 118 Theatres 165 Timber, quality of 117 Towers 144 Trusses 136 Vaults 134 Violations 186 Walls. _ 121, 125 Wharves 123, 144 Building materials on asphalt pavements. 7 sidewalks 6, 8 Buildings, remodeling 41 removal of, upon public streets 10 sanitary conditions 268, 278 Bulkheads 145 Bureau of Combustibles 209 Butter, sale of 54 Cabs and carriages, licenses, rates of fare and regulations 63-70 Cattle running at large 26 Cement, quality of 117 Cesspools 252 Chained wheels on trucks or vehicles 13 Children on streets at night 13 driving vehicles 19 Chimney flues 137 Circus, license for 39 Cisterns, construction and licensing 190 City Clerk, duties 5 Coal, sale of 54 Coasting 12 Coke, sale of 54 Columns in buildings 135 Combustibles, Bureau of 209 and see Inspector of Combustibles Commissioner of Charities 70 Commissioner of Public Safety » Bureau of Combustibles 209 Cabs, carriages and hackney coaches. 68 Disorderly house 37 Disturbance in street 36 Fire protection 58-60 Fireworks 81-95 Garages 198-209 Health Bureau 229 Permit for foot races 26 Commissioner of Public Works Designation of public pound 26 Disposal of animals 27 Permit for rate of speed for bicycles and tricycles 30 removal of building 10, 11 street obstruction 6, 7 street opening 7 Com. of Pub. Works — Continued. Page Removal of snow and ice 10 Repair of sidewalks 10 Sewer and drain connections 56 Shade tree planting and trimming 13 Vaults and cisterns 190 Common Council Gas mains and conduits in streets 8 Journal of proceedings 5 Permit for foot races 26 Shade tree planting and trimming 12 Concrete 118, 151 Conduits in public streets 8 Contagious diseases 230-238, 269 Cornices 145 Corporation Counsel 71 Cows, keeping 41 Cream, keeping and selling 244 Crowds for unlawful or idle purposes 36 Dead animals 38 Dead bodies 238 Decayed vegetables 38 Defacing building, property, tree or im- provement 37 notice, handbill or ordinance 38 Deeds, filed 5 Definitions 114 Demolishing buildings 112 Dirt 256 Disturbance in street 36 Docks and wharves 32-36 Dog-catcher 62 Dogs 60-63 Drains 252 Driver, definition 25 Drivers of coaches, cabs, stages, etc 63-70 Drying rooms 144 Engineers, examination and licensing of 72-80 Enlargement of buildings 110 Entertainment or exhibition on Sunday — 39 Entrances to buildings 139 Excavations in street 8 for buildings 120 Excursions 4 9-5 0 Exhibitions, buildings for 144 Expectoration on sidewalk 8 Explosives, use, sale, storage, giving or transportation of 209 Express wagons and expressmen, licenses, etc- 63-70 Fairs and exhibitions, buildings for 144 Fences, barbed wire 13 Filing plans for building 279 Filth 256 Firearms, possessing 41 Ill Page Fire escapes 139 limits ----- 179 Firemen, examination and licensing of 72-80 Fireplaces 137 Fireproof buildings 116, 146 Fires and fire protection 58-60 Fireworks, firing of 37 manufacture, transportation, sale, storage and use of 81-95 subject to seizure 212 Floor lights 140 Floor loads 157 Food and drink 243 F oundations 120-124 Frame buildings 115, 182 Fruits, sale of 54 Gambling house 37 Garages, maintenance and use of 198-209 Garbage 256 Gas mains, permit for laying and repairing 7 Getty Square, peddlers in 44 traffic regulations 21-24 vehicles stopping at 20 vehicles turning and back- ing 16 Girders 135 Goats, keeping 41 running at large 26 Grain elevators 143 Gutters and drains discharging on side- walks 8 Hackney coaches, cabs, stages, drivers and expressmen, licenses and rates of fare 63-70 Hay and straw, exposed for sale 13 sale of 55 Health Officer, duties of 229, 231, 233 powers 230 Heating apparatus 144 Horse, definition 25 Horses, running at large 26 unattended 18 Hotel, definition 114 water closets in 253 Ice, from unclean water 251 sale of 54-55 storage 143 Infectious diseases 230-238 Inspection of milk 247 Inspection of steam boilers and engineers 72-80 Inspector of Buildings 186 Inspector of Combustibles Appointment 213 Inspector of Combustibles — Continued. Page Explosives 209 Fireworks 81-95 Garages 198 -209 Inspectors of hacks 68 Interment 238 Iron, quality of 119 Iron and steel construction 148 Journal of proceedings of Common Coun- cil 5 Board of Estimate 6 Junk shops 46-49 Kite-flying on streets 12, 26 Labor and supplies for the municipality. _ 228 Lewd women 39 Licenses, Auctioneers 43 Cisterns 190 Coaches, cabs, stages, express wagons, and piano moving wagons 63-70 Combustibles 209 Dogs 61 Engineers and firemen 7 2-80 Excursion parties 49- 50 Fireworks 81-95 Junk shops 46-49 Peddlers 43 -44, 53 Picnic grounds 49 Powder 226 Steamboats 49 Theatrical representations, cir- cuses, shows or exhibitions. . 39 Vaults and cisterns 190 Vehicles for transportation of passengers for hire upon designated routes 68-69 Light and ventilation of tenement houses.271 Lights on bicycles and tricycles 30 hackney coaches, carriages and cabs 65 motor vehicles 27 sleighs 66 vehicles 19-20 Maps filed 5 Manufactory, water closets in 253 Marriages, reports of 242 Materials in buildings, quality of 116 strength of 159 Measures, sealing and inspection 50-56 Measurements in buildings 113 Meats, sale of 54 Midwives, registration of 232 registry of births 242 Milk, keeping and selling 55, 244 Mortar, quality of 117 IV Page Motor vehicles, brakes 27 cut-outs on mufflers 24 lights 28 rate of speed 28 signalling 28 Motormen on street cars 27 Mufflers on motor cycles or motor vehicles 24 Noises by iron or materials on wagons. __ 19 in the streets or elsewhere 36 Notice of appointment to office 6 Notices, distributing, throwing or drop- ping on streets 40 posting on house, wall, fence, post, tree, etc 40 publication of 6 Nuisances 36-42, 265 Nurses, registration of 232 registry of births 242 Obstructions on sidewalks 6, 9 to drains, ditches, gutters, sewers and navigable wa- ters 8 Occupants of buildings, order to reduce number of 270 Offensive occupations 262 odors 254 Officer, obstructing, in execution of duty. 40 Oils, to be inspected and tested 59 Ordinances entered in journal of Common Council 5 publication 6 Oyster or clam shells 38 Papers filed in City Clerk’s office 5 Parades 41 Partitions 125 Paving materials, standard requirements for 95-110 Peddlers 43-44, 53 Performances on Sunday 39 Permit, building 111 for sale of milk 244 Physicians, certificate of death 239 registration of 232 registry of births 242 reports by 233 Picnics 49 Piers 123, 125, 144 Places of assemblage, construction of 165 Plans for building, filing of 111, 112, 279 Plumbing 230 Pollution of streams 264 Poor relief 70 Poultry, sale of 54 Page Pound-Keeper 60-63 Powder 209, 237 Preliminary requirements for buildings 110 Private dwellings 114 Privies 252 Prize packages of merchandise 40 Processions 41 Prostitution 39 Public buildings. 165 Quality of materials 116 Races, foot or other, on public streets 26 Raising buildings ^ 178 Rate of speed, bicycles and tricycles 30 motor vehicles 28, 31 Rates of fare on accommodation coaches, stages or vehicles 69 on carriages, cabs, hackney coaches d 66-68 on omnibus automobiles 27 Register of diseases 231 Registration of physicians, nurses and mid wives 232 Reinforced concrete 151 Removal of buildings 110, 178 Repair of buildings 110, 112 Resolutions entered in journal 5 Retaining walls 121 Right of way on streets 17 Riots in the streets 36 Roadbeds of streets 25 Roofs 145 Sand, quality of 117 Sanitary Code 229-282 Adulterated food 250 Animals diseased and dead 260 Births, reports of 242 Boarding house, water closets in 253 Buildings, sanitary and safe condi- tion 268, 278 Cesspools 252 Commissioner of Public Safety order to reduce number of occu- pants 270 order to vacate buildings 269 reports to 229 Contagious diseases 230-238, 269 Cream, keeping and selling 244 Dead bodies 238 Dirt 256 Drains 252 Factories, water closets in 253 Filing of plans for buildings 279 Filth 256 Food and drink 243 Garbage 256 V Sanitary Code — Continued Page Health Officer, contagious and infec- tious diseases 239 duties 229, 231- 233 powers 230 register of diseases. __231 report to Commis- sioner of Public Safety 229 Hotel, water closets in 253 Ice from polluted or unclean water. _ 251 Infectious diseases 230- 238 Inspection of milk 247 Interment 238 Liabilities 281 Light and ventilation of tenement houses 271 Lodging house, water closets in 253 Marriages, reports of 242 Midwives, registration of 232 registry of births 242 Milk, keeping and selling 244 Nuisances 265 Nurses, registration of 232 registry of births 242 Occupants of building, order to re- duce number of 270 Offensive occupations 262 odors 254 Penalties 281 Permit for sale of milk 244 Physicians, certificate of death 239 registration of 232 registry of births 242 reports by 233 Plans for buildings, filing of 279 Plumbing 230 Pollution of streams 264 Privies 252 Register of diseases 231 Registration of physicians, nurses and midwives 232 Remedies, legal 281 Tenement house, deposit of bones, decayed food, clam or oyster shells 255 light and ventilation of 271 sanitary condition of 268, 278 water closets in 253 Vacate buildings, order to 269 Vaccination 236 Vaults 252 Ventilation 230, 268, 271 Page Scales, sealing and inspection 50-56 Scavenger 258 Scuttles 145 Seal, corporate 5 Sealer of Weights and Measures 50-56 Sewage running into street 39 Sewer and drain connections 56-58, 252 Shed coverings. 141 Sheds 143 Sheep running at large 26 Shows on Sunday 39 Sidewalks, flagging of 12 rate of speed crossing 26 repair of 10 riding bicycles and tricycles on 31 riding horseback, bicycle or wagon on 12 to be kept clear and clean 10 wheelbarrows and hand-carts on 11 Signs and showboards 182 Skylights 140 Slaughtering 262 Smokehouses 144 Snow and ice, to be cleared by owner 9, 10 to be cleared by street rail- way company 31 Soils 122 Speed, rate of, bicycles and tricycles 30 motor vehicles 28 v vehicles 26 Stables 254 Stairs 139 Stands, public, for carriages, cabs, express wagons, etc 64-66 Steam boilers, inspection of 72-80 Steel, quality of 119 Steel construction 148 Streams, pollution of 264 Streets, animals running at large 60-63 definition 25 general provisions 6-32 peddlers, hawkers or hucksters. _ 44 Street paving, standard requirements for 95-110 Street Railway Company 266 See Trolley Cars Strength of materials 159 Sunday, giving performance, entertain- ment, exhibition or show 39 sale of newspapers 37 Supplies for the municipality 228 Surveys filed 5 Swine, keeping without permit 40 running at large 26 Temporary supports 157 vi UNIVERSITY OF ILLINOIS-URBANA 3 0112 061691801 Page Tenement house, definition 114 deposit of bones, de- cayed food, clam or oyster shells, in 255 light and ventilation of _271 sanitary condition _268, 278 water closets in 253 Tests of materials 118 Theatres, construction of 165 Theatrical representations, license for 39 Throwing stones, sticks or missiles in street 38 Timber, quality of 117 Tires, width of 13 Towers 144 Tree, fastening horses to, or injuring 12 Tree planting 12 Tricycles, lights, signals, rate of speed and coasting 30 Trolley cars, fenders 42 flat wheels 42 motormen to receive in- struction 27, 42 Trolley cars, cont’d Page open cars 42 removal of snow and ice 31 right of way 17 sanitary provisions 266 stopping in Getty Square _ _ 20 stopping at street corners.-- 24 Trusses 136 Undertakings filed 5 Vacate buildings, order to 270 V accination 236 Vaul s, construction and licensing 134, 190, 252 Vegetables, sale of 54 Vehicle, definition 25 Vehicles and street traffic 14-32 Ventilation 230, 268, 271 Walls 121, 125 Weights and measures, sealing and in- spection 50-56 Wharves and docks 32-36, 143