»07- 16 H ORDINANCES OF City of Mount Vernon ADOPTED APRIL 16, 1907 AS AMENDED PUBLISHED BY AUTHORITY OF THE COMMON COUNCIL OF THE CITY OF MOUNT VERNON April 28, 1914 a"* r 0 I : , 0 ^ ORDINANCES OF City of Mount Vernon ADOPTED APRIL 16, 1907 AS AMENDED PUBLISHED BY AUTHORITY OF THE COMMON COUNCIL OF THE CITY OF MOUNT VERNON April 28, 1914 Liberty Press MOUNT VERNON, N. Y. K1 TABLE OF CONTENTS CHAPTER I. Page Sections 1-6. Bicycles, tricycles and roller skates; speed, lights, etc.; pen- alty 9-10 CHAPTER II. Sections 1-2. Lights on vehicles at night; penalty 10 CHAPTER III. Sections 1-2. Automobiles and other vehicles; speed-limit 10 CHAPTER IV. Sections 1-3. Minors driving vehicles; age limit, 16; owners’ penalties 10 CHAPTER V. Sections 1-5. Trolley cars; full stop at certain streets and avenues; schools; speed limits; penalties * 10-11 CHAPTER VI. Sections 1-3. Fenders on trolley cars; penalties. 11 CHAPTER VII. Sections 1-4. Feeding of horses on public street without being sufficiently fastened; or leaving unattended or untied; penalty 11-12 CHAPTER VIII. Sections 1-4. Running at large of animals in streets; pound keeper; pound and injury to; penalties 12 I? 4 CHAPTER IX. Page Sections 1-3. Vehicles carrying sand, garbage and other loose materials over city streets; construction of; covering; droppings; penalties 13 CHAPTER X. Sections 1-2. Playing of hand organs on streets at night; penalty 13 CHAPTER XI. Sections 1-2. Moving of buildings along or across streets, etc.; permit; bond; penalty 13 CHAPTER XII. Sections 1-5. Shade trees and injury to, or defacement by animals, or per- sons; penalty 13-14 CHAPTER XIII. Sections 1-5. Making openings in streets and sidewalks; permit; fee; street obstructions, etc.; penalties. 14-15 CHAPTER XIV. Sections 1-3. Removal of flag walks; permits; substitute walks; penalties. 15 CHAPTER XV. Sections 1-5. Building material on streets, etc.; permits; regulations; penalty 15-16 CHAPTER XVI. Sections 1-2. Obstructions on streets; removal by police; penalty 16 CHAPTER XVII. Sections 1-4. Placing of goods, wares and merchandise on side-walks of streets; permits for stands; penalties 16-17 CHAPTER XVIII. Page Sections 1-5. Use of sidewalks within and without stoop lines for signs, awnings, etc.; construction of; location; permits; penalties. 17 CHAPTER XIX. Sections 1-2. Erection of telephone and telegraph poles; dimensions of; permits; penalties 17-18 CHAPTER XX. Sections 1-6. Stringing wires; size and location of poles and wires; penal- ties 18 CHAPTER XXI. Sections 1-4. Removal of snow and ice by abutting owners on streets, etc., within and without fire limits; penalties 18-19 CHAPTER XXII. Sections 1-2. Throwing of papers, etc., in yards and other places; circulars, posters and handbills; penalties 19 CHAPTER XXIII. Sections 1-3. Burning of papers, etc., prohibited 19-20 CHAPTER XXIV. Sections 1-4. Bill posting, regulated; penalties 20 CHAPTER XXV. Sections 1-9. Relative to blasting; the keeping, storing and transportation of explosives; penalties 20-21 CHAPTER XXVI. Sections 1-13. Prohibiting placing of chairs and obstructions in the aisles of theatres, etc., and regulating swing doors; penalties 22-23 CHAPTER XXVII. Page Sections 1-2. In relation to fire limits 23-24 CHAPTER XXVIII. Sections 1-12. Relative to fire apparatus; precautions against fires; fire war- dens, etc.; penalties 24-26 CHAPTER XXIX. Sections 1-8. Regulating sale of newspapers by minors; penalties 26-27 CHAPTER XXX. Keeping and licensing of dogs (Repealed Dec. 19, 1911; See Chap. 718, Laws of 1911) 27 CHAPTER XXXI. Sections 1-19. Relative to nuisances and preservation of good order 27-30 CHAPTER XXXII. Sections 1-22. Inspection of steam boilers and engines and licensing of en- gineers 30-35 CHAPTER XXXIII. Sections 1-12. Relative to erection, installation, altering and repairing of elec- trical constructions; duties and powers of city electricians. 35-37 CHAPTER XXXIV. Sections 1-30. Relative to hackney coaches, cabs, stages or other vehicles used for conveyance of passengers 37-41 CHAPTER XXXV. Sections 1-10. Relative to weights and measures, sealer of; powers and duties 41-42 CHAPTER XXXVI. Page Sections 1-3. Relative to licensing auctioneers 42-43 CHAPTER XXXVII. Sections 1-3. Relative to peddling; licensing 43-44 CHAPTER XXXVIII. Sections 1-13. Relative to junk shops; licensing 44-45 CHAPTER XXXIX. Sections 1-3. Prohibiting the production of unwholesome, offensive or dele- terious gas and smoke 45-46 CHAPTER XL. Sections 1-2. Relative to ingredients of illuminating gas 46 CHAPTER XLI. To prevent the oppressive collection of arbitrary charges for water from citizens 46-47 CHAPTER XLI-a. Sections 1-3. Relative to the construction of leader pipes 47 CHAPTER XLI-b Sections 1-2. Driving upon or over sidewalks 47 CHAPTER XLI.-c. Relating to the operating of street cars 47 (Rescinded March 15, 1910.) CHAPTER XLI-d. Articles 1-14. Rules for driving and regulation of street traffic in the City of Mount Vernon 47 51 CHAPTER XLI-e. Page Relating to carrying of pistols, etc 51 (Abrogated by Chapter 608, Laws of 1913.) CHAPTER XLI-e. Sections 1-5. In relation to regulation of billiard rooms 51-52 CHAPTER XLI-f. Sections 1-5. Relative to operating trolley cars 52-53 CHAPTER XLI-g. Sections 1-4. Relating to licenses to conduct transient retail business 53 CHAPTER XLII. (Miscellaneous Provisions.) Sections 1, 2, 3, 4. Definitions; penalties where none otherwise provided; repeal- ing clause; when ordinances take effect 53-54 ORDINANCES OF THE CITY OF MOUNT VERNON, N. Y. ADOPTED APRIL 16, 1907 AS AMENDED CHAPTER I. Bicycles. Section 1. No person shall at any time, ride any bicycle or tricycle upon any of the sidewalks within the cor- porate limits of the City of Mount Vernon. Section 2. No person shall ride any bicycle or tricycle upon any of the streets or avenues of the City of Mount Vernon between the hours of sunset and sunrise, without such bi- cycles or tricycles having a lighted lantern of the character usually car- ried on such vehicles, and shall also be provided with a bell or whistle which the rider of said vehicle shall ring or blow when passing street crossings. Section 3. No person shall ride any bicycle or tricycle on any street or avenue within the City of Mount Vernon at a greater rate of speed than eight miles an hour. Section 4. No person, or persons while riding any bicycle or wheel shall engage in what is commonly known as “Coasting” on such wheel, or bicycle upon any street or highway within the corporate limits of the City of Mount Vernon. Section 5. No person shall throw. drop, or place, or cause, or procure to be thrown, dropped, or placed in or upon any highway, street or public place within the corporate limits of the City of Mount Vernon any glass, tacks, nails, pieces of metal or other substances which might injure or damage a bicycle or other vehicle commonly called a “cycle” or “wheel.” Section 5-a. No person shall at any time skate> with roller skates or other device, upon the sidewalks of the fol- lowing streets and parts of streets within the corporate limits of the City of Mount Vernon, to wit: On First street, east and west, be- tween Second avenue and Twelfth avenue; On Third street, between Fifth ave- nue and Columbus avenue; On Fourth avenue, north and south, between Third street and Lincoln ave- nue; On Fifth avenue, between First street and Second street; Park ave- nue, between Prospect and East Sid- ney avenues; On Mount Vernon avenue; On any street or avenue within fifty feet of its intersection with any of the streets or avenues hereinbefore set forth. Section 6. Any violation of the 9 10 provisions of this ordinance shall be punishable by a fine of not more than ten dollars, or by imprisonment in the county jail for not more than ten days, or by both such fine and im- prisonment. CHAPTER II. Lights on Vehicles. Section 1. Each and every vehicle, other than motor vehicles and street cars, while in use upon any street, avenue or highway of the City of ;Mount Vernon, shall he provided dur- ing the period from one-half hour after sunset to one-half hour before sun- rise, with a lamp showing a white light, visible for a distance of at least two hundred (200) feet in the direc- tion toward which such vehicle is proceeding, and showing a red light visible for a distance of at least two hundred (200) feet in the direction from which such vehicle is proceed- ing, which such lamp shall he placed or fixed upon the left side of such vehicle so as to be plainly visible and free from obstruction. All motor ve- hicles shall be provided with lamps as provided by the State Highway Law. Section 2. Any person or persons violating the provisions of section one of this ordinance shall be punishable by a fine of five dollars for each and every oiTense, or by imprisonment in the county jail of Westchester county not exceeding five days or by both such fine and imprisonment. CHAPTER III. Automobiles, etc., Speed Limit. Section 1. No automobile, motor vehicle or other vehicle of any de- scription whatever, shall be run, driven or operated upon any street or public highway within the corporate limits of the City of Mount Vernon at a greater rate of speed than fifteen (15) miles per hour; provided signs with an arrow pointing toward said city with the rate of speed designated thereon have been duly placed in a conspicuous and readable manner on each main public highway where the city line of the City of Mount Vernon crosses the same. Section 2. Any person or persons violating the profusions of this ordin- ance, whether owner, occupant, opera- tor or driver of said automobile, mo- tor vehicle or other vehicle, shall be deemed guilty of a misdemeanor, and upon conviction of said violation shall be punishable for a first conviction by a fine of twenty-five dollars; for a second conviction, by a fine of fifty dollars; and upon a third or subse- quent conviction, by a fine of one hun- dred dollars. CHAPTER IV. Minors Driving Vehicles. Section 1. No person or persons under the age of sixteen (16) years shall drive any horse or operate any automobile or motor vehicle of any description upon the streets, avenues, or highways of the City of Mount Vernon. Section 2. Xo person owning, con- trolling or in possession of any horse, automobile or other motor vehicle shall allow the same to be driven or operated upon the streets, avenues or highways of the City of Mount Ver- non by any person or persons under said age of sixteen (16) years. Section 3. Any person or persons violating any of the provisions of this ordinance shall be deemed guilty of misdemeanor and upon conviction thereof, shall be punishable by a fine of not less than ten (10) dollars nor more than twenty-five (S25) dollars for each and every offense, or by im- prisonment in the county jail of West- chester county for a period not ex- ceeding twenty-five days, or by both such fine and imprisonment. CHAPTER V. Operation of Trolley Cars. Section 1. Any person, persons or corporation operating or running an 11 electric car upon the streets or high- ways in the city of Mount Vernon, shall cause such car or cars to come to a full stop on approaching the Third, Fourth, Sixth, Tenth avenue and Scott’s Bridge crossings on First street, the Bond street, crossing on Mount Vernon avenue, the Second street crossing on South Fourth av- enue, and South Fifth avenue, and within a distance of two hundred feet of all fire houses, in said city of Mount Vernon. Section 2. Any person or persons or corporations operating or running an electric car or cars upon the streets or highways in the city of Mount Vernon, shall cause such car or cars to come to a full stop at a distance of two hundred feet from any building used for public school pur- poses; and to maintain a rate of speed not to exceed four miles per hour, while passing from such point of stop- page, in front of said building, and for a distance of two hundred feet beyond the same. Section 3. No person, persons, or corporation shall operate or run any electric car or cars upon any surface railroad within the corporate limits of the city of Mount Vernon at a greater rate of speed than ten (10) miles per hour. Section 4. No person or persons operating electric cars within the corporate limits of the city of Mount Vernon, shall operate or run any elec- tric car or cars on First street. South Fourth avenue or South Fifth avenue between First and Third streets in the city of Mount Vernon at a greater speed than six miles per hour. Section 5. Any person who violates any of the provisions of this ordi- nance shall be punishable by a fine of not less than ten dollars nor more than twenty-five dollars or by im- prisonment in the county jail of West- chester county for a period of not more than ten days, or by both such fine and imprisonment. CHAPTER VI. Fenders on Trolley Cars. Section 1. It shall not be lawful for any person or corporation to run or operate any car on any street rail- road in the city of Mount Vernon un- til said car shall be equipped with and carry at the front end thereof a suit- able and proper fender so constructed that it will be impossible for any per- son to pass under the said fender or under the front platform of said car and to come in contact with the wheels of said car. Section 2. The term “front end” or “front platform” as used in this or- dinance shall be construed as mean- ing the end or platform of any such car in the direction in which the car is proceeding. Section 3. Any person so operating such car which violates the provisions of this ordinance shall be punishable by a fine of not more than twenty-five dollars, or by imprisonment in the county jail of Westchester for not more than twenty-five days, or by both such fine and imprisonment, and in ad- dition thereto, each and every person and each and every corporation the officers, agents and servants of which shall violate any of the provisions of this ordinance shall be liable to a penalty in the sum of twenty-five dol- lars for each and every time any such car shall be so run or operated in violation of this ordinance, which penalty or penalties shall be recovered in a civil suit or suits, brought by the corporation counsel in the name and for the benefit of the city of Mount Vernon, and shall be paid to the city treasurer. CHAPTER VII. Feeding of Horses on the Public Streets Without Being Sufficiently Fastened. Section 1. No person or persons shall feed his or their horse or horses on South Fourth avenue between First 12 street and Third street, in the city of Mount Vernon, Section 2. No person or persons shall feed his or their horse or horses on any street or avenue in the city of Mount Vernon without being suf- ficiently tied or fastened. Section 3. No person or persons shall leave his or their horse or horses in any street or avenue of this city un- attended or without being sufficiently tied, nor shall such horse or horses be fastened in such way as to obstruct any sidewalk or crosswalk. Section 4. Any person violating any of the provisions of this ordinance shall be punishable by a fine of not more than ten dollars or by imprison- ment in the county jail of Westches- ter county for not more than ten days, or by both such fine and imprison- ment. CHAPTER VIII. In Relation to the Running at Large of Animals in the Street. 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 there- in, such animals may be impounded in the city pound, from which they shall not be released until there shall be paid to the pound-keeper the sum of five dollars for every cattle, horse, ass, or mule; two dollars for every swine, two dollars for every goat, and thirty cents for every goose, fowl 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 ani- mals to said pound, and the other half shall be retained by said pound-keep- er (by him to be paid to the city clerk, who shall remit the same to the city treasurer in like manner as he is now required by law to remit sums receiv- ed by him) and also until the pound- keeper be paid the reasonable cost of providing for necessary sustenance for the animal so impounded, and for ad- vertising and selling the same. Pound- keepers shall receive no animals from a minor. Section 2. It shall be the duty of the pound-keeper to provide neces- sary sustenance for all animals im- pounded and kept in any of the pub- lic pounds, and it shall be lawful for the pound-keeper to rsell at public ven- due any animal or animals impounded, pursuant to the preceding section 1, at any time after the expiration of one week, from the time they shall be so impounded, the said pound-keeper giv- ing at least forty-eight hours pre- vious public notice of the time and place of sale by advertisement to be put up at the pound and three other public places. But upon the payment of the penalty prescribed in the pre- ceding section, and the expense of sustenance as aforesaid, at any time before sale the same shall be released. The pound-keeper shall, after retain- ing from such sale all expenses incur- red for sustenance and the penalty, pay the balance to the city clerk as aforesaid. The pound-keeper shall not purchase or be interested, directly or indirectly, in the purchase of animals sold by h’m as pound-keeper, under a penalty of ten dollars and a forfeiture of his office. Section 3. 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. Section 4. No person shall rescue or turn away from the custody of any person driving to the city pound, any animal prohibited from running at large, or pasturing in any street, or interfere with, obstruct, or hinder any person driving such animals under a penalty of not more than fifty dollars, or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprisonment. 13 CHAPTER IX. In relation to Carts, and Vehicles for the Transportation of Sand, Gar- bage, and other Loose Material, and to Prevent the Dropping of Said Material upon the streets of said City. Section 1. Every cart, truck or other vehicle used to convey or trans- port dirt, manure, sand, gravel, bro- ken stone, mud, ashes, lime, garbage, •swill, offal or other loose material in or upon any of the streets, avenues or highways of the city of Mount Vernon, shall be fitted with a good and sub- stantial tight box thereon, so that no portion of said dirt, sand or other ma- terial above mentioned shall be scat- tered or thrown into any of said streets, avenues or highways and all carts or other vehicles, when used in carting slacked lime, garbage, offal, swill and other offensive matter, or ashes, shall have the box thereon closely covered with a sufficient cov- ering of cloth or boards closely fitted so as to prevent the escape or flying about of any of the contents or afflu- via therefrom, and every person using such cart or other vehicle for any such purpose, without it being so fit- ted, shall be deemed guilty of a vio- lation of this section. Section 2. No person or persons in charge of any cart or other vehicle used for carrying or transporting any of the materials specified in sec- tion one of this ordinance shall suffer or allow any of said materials to be dropped or thrown from said cart or other vehicle upon any of the streets, avenues or highways of said city of Mount Vernon. Section 3. Any person or persons violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and on conviction there- of shall be punishable by a fine of not more than ten dollars or by imprison- ment In the county jail of Westches- ter county not exceeding ten days, or by both such fine and imprisonment. CHAPTER X. In Relation to the Playing of Hand Organs in or upon any Street or Avenue, Lane or Public Square of the City of Mount Vernon. Section 1. No person or persons shall after nine o’clock at night play a hand organ in or upon any street, avenue or public square. Section 2. Any person or persons violating the provisions of this ordi- nance, shall, upon conviction, be pun- ishable by a fine of not more than five dollars, or by imprisonment in the county jail of Westchester county for not more than five days, or by both such fine and imprisonment. CHAPTER XI. Removal of Buildings. Section 1. No permission shall be given for the removal of any building, along or across the street, avenues, highways or lanes of this city, without the party applying for such permis- sion, shall execute and file a bond to the mayor of this city in the penal sum of one thousand dollars, indemni- fying this city against suits for dam- ages, that may arise by reason of such removal, and conditioned that any such building shall be removed in a proper manner satisfactory to the commissioner of public works and within the time limited in said permit without damage to any of the streets, avenues, highways, and lanes, or the trees along the same. Section 2. Any person violating any of the provisions of this ordinance, shall be punishable by a fine of not more than fifty dollars, or by im- prisonment in the county jail of West- chester county for not more than fifty days, or by both such fine and impris- onment. CHAPTER XII. Injury to, or Defacement of Shade Trees. Section 1. No person, persons ol corporation owning or having charge 14 or control of any horse, goat or other animal, shall suffer, permit, or allow said horse, goat, or other ani- mal, to in any manner gnaw, break or deface any shade tree upon any of the streets, avenues, sidewalks, public places or parks within the city of Mount Vernon. Section 2. No person shall climb, or ascend any shade tree located on any of the streets, avenues, side- walks, public places or parks within the city of Mount Vernon by means of any spur, spurs or other device, which in any manner injures, defaces or otherwise mars the same. Section 3. No person, or persons, telephone, telegraph, messenger, or other company or corporation shall, without the written consent of the owner and the mayor, cut or mar any of the trees, or branches there- of, in this city for any reason or pur- pose whatever. Section 4. Any violation of the provisions of section 1 of this ordi- nance shall be deemed a misdemeanor and on conviction thereof, the per- son so offending shall be punishable by a fine of not more than ten dol- lars, for each offense, or by im- prisonment in the county jail of Westchester county for a period not exceeding ten days or by both such fine and imprisonment. Section 5. Any violation of any of the provisions of section 2 or sec- tion 3 of this ordinance shall be deemed a misdemeanor and, on con- viction thereof, the person so offend- ing shall be punishable by a fine of not less than five ($5) dollars, or more than fifty ($50) or by imprison- ment in the county jail of West- chester county not less than five days or more than thirty (30) days, or by both such fine and imprison- ment. CHAPTER XIII. In Relation to Making Openings In Streets and Sidewalks. Section 1. All persons are hereby forbidden to make any opening or excavation in any street or sidewalk or public place in the city of Mount Vernon for any purpose without first obtaining permission from the com- missioner of public works, and such opening or excavation must be made under the supervision of the commis- sioner of public w'orks, unless other provision be provided by the Com- mon Council of said city. Section 2. All persons requesting permits to open macadamized streets or roads in this city for any purpose whatever shall pay to the clerk for the use of the city a fee of ten dol- lars. Section 3. Any person or corpora- tion who shall place of cause to be placed in any of the streets, alleys, or public squares of the city any building materials, or any other heap or pile of earth, stone or sand, or any other obstruction whatever, or who shall make or cause to be made any excavation in any such street, alley or square shall during each night that the same shall continue, cause such excavation to be sur- rounded by a good and sufficient barrier and a sufficient light or lights to be maintained near such obstruc- tion or excavation, for the protection of travelers and passengers from dam- age or injury by reason of such ob- struction or excavation. This section shall not exempt such person or cor- poration from liability to the city for any damages sustained. Section 4. No corporation now or hereafter having a contract with this city shall open any of the streets, avenues, sidewalks or public grounds of this city for any purpose men- tioned in such agreement without first giving five days’ written notice to the commissioner of public works of its intention to open such streets, avenues, sidewalks, or public grounds, and no such corporation shall open any of the streets or highways of this city between the first day of Decem- ber and the first day of March with- out special permit from the commis- sioner of public works. 15 This section shall not exempt such corporation from liability to the city for any damages sustained, nor from provisions or restrictions existing in any contract the city may now have or hereafter may have with such cor- poration. Section 5. Any person, persons or corporations violating any of the pro- visions of this ordinance shall be punishable by a fine of not more than fifty dollars, or by imprison- ment in the county jail of Westches- ter county for not more than fifty days, or by both such fine and im- prisonment; and in addition thereto shall be subject to a penalty of fifty dollars for every such violation, to be recovered in a civil action, to be brought in the name of the city of Mount Vernon, in any court of com- petent jurisdiction, and in case of re- covery thereof, said sum so recov- ered shall be paid to the city treas- urer. CHAPTER XIV. In Relation to the Removal of Flag- walks, etc. Section 1. All persons or corpora- tions are hereby forbidden to make any opening in or remove any flag or flags from any sidewalk in the city of Mount Vernon without writ- ten permission from the commission- er of public works, which permission shall state within what period of time said flagwalk is to be replaced and shall be granted only on condi- tion that a temporary plank walk satisfactory to the said commissioner of public works be substituted for the flag or flags so removed, until such time as the said flagwalk shall be restored. Section 2. Any person, persons, or corporation removing a flagwalk contrary to the provisions of section one of this ordinance or neglecting to substitute a plank walk as rqeuired by said section one, or to restore said flagwalk within the period prescribed in the permit in said section one, shall be punishable by a fine of five dollars for each and every offense, or by imprisonment in the county jail of Westchester county for not more than five days, or by both such fine and imprisonment. Section 3. This ordinance shall not apply to work done under a contract with the city of Mount Vernon for regulating of streets or laying of flagwalks. CHAPTER XV. In Relation to the Placing of Build- ing or Other Material in or Upon any Street, Lane or Public Square of the City of Mount Vernon. Section 1. No person shall place or cause to be placed any stone, tim- ber, lumber, plank, boards or other material for building, in or upon any street, avenue, lane or public square without a written permit from the commissioner of public works. Section 2. No building materials, stone, brick, iron or other heavy sub- stance shall be dumped, piled or placed on any asphalt pavement, un- less the pavement is protected by a platform of plank or timber. Section 3. The commissioner of public works is authorized to grant permits to place building material in any street, but no such permit shall be for a longer period than three months, nor authorize the obstruction of any part of the sidewalk or the gutters, nor prevent ready access to any fire hydrant. Not more than one- third of the carriage-way of the street opposite the lot or place where the building is proposed to be erected shall be obstructed, and during said time sufficient light and burners are to be erected. Section 4. Every person to whom such a permit is granted shall cause all the timber, building material, and rubbish to be removed from the street by the expiration of the time limited in such permit. Section 5. Any person, or persons violating any of the provisions of this ordinance shall be punishable 16 by a fine of not more than five dol- lars for each offense and an addi- tional fine of five dollars for each and every twenty-four hours that such violation is caused or permitted to be continued, after notice from the commissioner of public works, or any policeman to remove the same, or by imprisonment in the county jail of Westchester county for not more than five days for each offense, or by both such fine and imprisonment. CHAPTER XVI. Obstructions on the Streets, Etc. Section 1. No person shall ob- struct or incumber any street or other public place with any article or thing whatsoever and any obstruc- tion or incumbrance on said street or public place shall be removed therefrom by the police under the di- rection of the commissioner of pub- works, but this section shall not be construed to authorize the removal of any such obstruction or incum- brance necessarily incident to the work of regulating, grading, paving or repaving any street or public place, or the doing of any public work, nor to any obstruction or in- cumbrance permitted by the commis- sioner of public wmrks, or by any or- dinance or resolution of this Com- mon Council, providing the regula- tions, and conditions of such ordi- nance or resolution or of the contract under which such work is being per- formed shall be fully complied with, nor shall this ordinance be construed so as to prevent the moving or re- moving of any article in the course of trade or business or for the use of any family from or to any building when the same shall be moved or re- moved without unnecessary delay and so as to leave a passage both on the sidewalk for pedestrians and on the carriage-way for vehicles to pass, or repass, nor shall the same be con- strued so as to prevent the loading or unloading of passengers from any public or private conveyance or such vehicles waiting a reasonable time for such purpose. Section 2. Any violation of this ordinance shall be punishable by a fine of not more than twenty-five dol- lars, or by imprisonment in the coun- ty jail of Westchester county for not more than twenty-five days, or by both such fine and imprisonment. CHAPTER XVII. In Relation to the Placing of Goods, Wares, and Merchandise upon the Sidewalks of any of the Streets or Avenues in the City of Mount Vernon. Section 1. No person or persons, owner or occupant of any building shall place or deposit, or cause to be placed or deposited opposite any store or building or upon any stand erected upon the sidewalk, any goods, wares or merchandise without first obtaining from the mayor a permit therefor, and no stand shall be erected or allowed upon any street or avenue in said city to extend further than three feet, six inches from the front of the building to which the stand is to be attached and then only when a permit for the erection of the same shall be granted by the mayor, which permit is revocable at the will of the mayor. Section 2. But no permit shall be granted nor shall it be lawful for any person or persons to place, de- posit or cause to be placed or de- posited any goods, wares or mer- chandise of any kind or description upon the outer side of any sidewalk adjacent to the roadway of any street or avenue in the city of Mount Ver- non. Section 3. No person having a stand as permitted by this ordinance, his or her servant, child, or family, nor any person or persons shall throw, place or deposit any dead ani- mal, carrion, putrid meat, fish, en- trails, decayed vegetables, coal, wood, paper or substance of any kind, in 17 any street or avenue in the city of Mount Vernon. Section 4. Any violation of this ordinance shall be punishable by a fine of not more than ten dollars for each offense, or by imprison- ment in the county jail of West- chester county for not more than ten days or by both such fine and impris- onmnent, and in addition thereto, any person violating the first section of this ordinance in erecting any stand without first obtaining the permission therein contained, shall, in addition to the penalty therein prescribed, be punishable by a further fine of five dollars or imprisonment in the coun- ty jail of Westchester county not more than one day, or by both such fine and imprisonment, for each twenty-four hours the same shall re- main after notice from the commis- sioner of public works, or any police- man to remove the same. CHAPTER XVIII. In Relation to the use of the Side- walks Within and Without the Stoop Lines Therein, for Signs, Awnings, Etc. Section 1. Drop awnings without vertical supports may be erected within the stoop lines of any build- ing but in no case extend beyond six feet from the house line and to be at least seven feet in the clear above the sidewalk. Section 2. No stand for the sale or display of any goods whatever or any show case shall be placed on any sidewalk extending beyond the stoop line and shall not in any manner in- terfere with the free access to the adjoining premises. Section 3. Signs may be placed on the fronts of buildings and shall be securely fastened. They shall project not more than six feet from the house wall, and shall hang not less than eight feet in the clear above the level of the sidewalk. Be- fore the erection of any sign a draw- ing or description of the same shall be filed with the Inspector of Build- ings and his written permission ob- tained for the erection thereof. Signs may be attached to the sides of the stoops but not to extend above the railing or beyond the line of any stoop. Section 4. No barber pole shnll be erected upon any sidewalk either within or without the stoop line which shall exceed five feet in height and six inches in diameter. Section 5. Any person, persons, or corporations violating any of the pro- visions of this ordinance shall be punishable by a fine of not more than ten dollars, or by imprisonment in the county jail of Westchester coun- ty for not more than ten days, or by both such fine and imprisonment for each and every offense, and it shall be the duty of the commissioner of pub- lic works to remove or cause to be re- moved any awning, sign or other ob- struction so erected contrary to the provisions of this ordinance and to collect the expense of so doing by ac- tion against the person or corporation erecting or maintaining the same. CHAPTER XIX. Erection of Telephone, Telegraph or Other Poles. Section 1. No person, persons, telegraph, telephone, messenger or other company or corporation shall erect, any pole or poles upon any of the streets, avenues, or sidewalks in the city of Mount Vernon, which shall be more than twelve inches in diameter at the base nor less than 5 inches in diameter at the smaller end or top, without special permis- sion of the Common Council of the city of Mount Vernon. Section 2. Any violation of this ordinance shall be a misdemeanor and the person so violating the same shall upon a conviction thereof be punishable by a fine of twenty-five dollars for each and every offense, or by imprisonment in the county jail of the county of Westchester for a pe- 18 riod not exceeding twehty-five days, or by both such fine and imprison- ment. CHAPTER XX. Stringing Wires, Etc. Section 1. It shall not be lawful for any person or persons, telegraph, telephone, messenger or other com- pany or corporation to have or place any wire or wires within the city limits at a less height than fifteen feet from the level of the sidewalk, highway, street or avenue, over which said wire or wires may be strung. Section 2. It shall not be lawful for any person or persons, telegraph, telephone, messenger or other com- pany or corporation to erect any pole or poles within the city limits unless the same shall be not less than five inches in diameter at the smaller end, and shall be straight, smoothly dressed and neatly painted. Section 3. Where protest is made by any property owner or agent thereof as to the location selected by any person or persons, telegraph, telephone, messenger or other com- pany or corporation for the erection of any pole or poles no such pole or poles shall be erected at such place protested against until such protest shall have been referred to the Com- mon Council of the city of Mount Vernon and the said Common Coun- cil shall have decided as to the prop- er location of such pole or poles. • Section 4. No person or persons, telegraph, telephone, messenger, or other company or corporations shall, without the written consent of the owner and the mayor cut or mar any of the trees or branches thereof in this city for any purpose whatever. Section 5. Any person or persons, telegraph, telephone, messenger, or other company or corporation, who shall make excavations in any of the streets, avenues, highways or side- walks of this city shall immediately restore such street, avenue, highway or sidewalk to its proper condition. Section 6. Any violation of sections one or three of this ordinance shall be punishable by a fine of not less than ten dollars nor more than fifty dollars or by imprisonment in the county jail of Westchester county not less than ten days nor more than fifty days, or by both such fine and imprisonment. Any violation of sec- tion two, four or five of this ordi- nance shall be punishable by a fine of not less than five dollars or more than fifty dollars, or by imprison- ment in the county jail of Westches- ter county not less than five or more than twenty-five days, or by both such fine and imprisonment. CHAPTER XXI. Removal of Snow and !ce. Section 1. Every owner or occu- pant of any premises in the City of Mount Vernon, abutting upon any street, avenue or public place where the sidewalk is paved, shall clear any dirt, snow and ice or other substance or material off the sidewalk and out of the gutter in front of such prem- ises within the following periods of time: In the fire limits, within four hours, and elsewhere within ten hours after the snow ceases to fall, the time between 7 p.m. and 7 a.m. not being included in the above period of four hours and ten hours respectively; provided, however, that such removal shall in all cases be made before the removal of snow and ice from the roadway by the Commissioner of Public Works, or subject to the regu- lations of said commissioner for the removal of snow and ice. When any ice forms upon any sidewalk, it shall be the duty of such persons to place thereon sufficient sifted ashes or sand to prevent persons from slipping, un- til such ice shall be wholly removed. Any owner or occupant of any prem- ises in the City of Mount Vernon abutting upon the paved sidewalk of any street, avenue or public place for a linear distance of five hundred feet 19 or more, shall be considered to have complied with this ordinance if such person shall have begun the removal of the snow and ice from the side- walk and gutters before the expira- tion of said four hours and ten hours respectively, and shall continue such removal and shall complete it in a reasonable time. Section 2. The fire limits within the true intent and meaning of this ordinance are as follows: Upon South Fourth avenue from First street to Fourth street. Upon North Fourth avenue from Lincoln avenue to First street. Upon South Fifth avenue from First street to Third street. Upon South Third avenue from First street to Third street. Upon First street from Fulton avenue to South street. Upon Third street from Fulton avenue to Ninth avenue. Upon Prospect avenue from North . Fourth avenue to Cottage avenue, on the north side, and from North Fourth avenue to Elmer avenue on the south side. Upon Elm place from Park avenue to’ Elmer avenue. Upon Valentine street, from North Fourth avenue to North Fifth av- enue. Upon Stevens avenue from North Fourth avenue to 200 feet west of Wilson- place. Upon Mount Vernon avenue from the Bronx River to Lincoln avenue. Section 3. Whenever any owner or occupant of any premises in the City of Mount Vernon shall fail to comply with the provisions of this ordinance on the side of the street on which said premises abut, the Commissioner of Public Works shall cause said dirt, snow or ice or other substance or material to be removed, meeting tlie expense thereof from any suitable funds, and the expense incurred there- by shall be assessed upon the lands in front of which said work shall have been done in the manner and as pro- vided in subdivision 2."> of Section 106 of Chapter 182 of the laws of 1892 as amended by chapter 384 of the laws of 1908. Section 4. Any persons violating any provision or regulation hereof, shall be deemed guilty of a misde- meanor and upon conviction thereof by any magistrate, either upon con- fession of the party or competent tes- timony, shall be punishable by a fine of not less than one dollar nor more than five dollars or by imprisonment in the county jail of Westchester county for not more than five days, or by both such fine and imprison- ment. CHAPTER XXII. Throwing of Papers, Etc., in Yards and Other Places. Section 1. No person or persons shall deposit, throw or place any advertising bills, circulars, posters, cards, pamphlets, waste paper of any character, or other refuse in or upon any lot, inclosure, or upon the stoops or other outside portions of any buildings within the corporate limits of the city of Mount Vernon. Section 2. Any violation of the provisions of this ordinance shall be punishable by a fine of not less than five nor more than ten dollars for each offense, or by imprisonment in the county jail of Westchester county for not more than ten days or by both such fine and imprisonment. CHAPTER XXIII. To Prohibit the Burning of Papers, Shavings, Excelsior, Hay Packing, and Rubbish Within the Fire Limits of the City of Mount Vernon. Section 1. All persons are pro- hibited and forbidden to burn out of doors within the limits of the city of Mount Vernon any paper, shavings, excelsior, hay, packing, rubbish and other waste or inflammable material, except that outside of the fire limits, such material may be burned out of doors on private property, provided 20 the same be not burned within less than twenty-five feet of any building. Section 2. All persons are pro- hibited and forbidden to place in the public streets, avenues, lanes and highways of the city of Mount Vernon any paper, shavings, excelsior, hay packing, rubbish, limbs of trees, grass, weeds, rags, brush and other waste material or substance, except for im- mediate removal. Section 3. Each person violating any of the provisions of this ordi- nance shall be guilty of a misde- meanor, and shall be punishable by a fine of not more than ten dollars, for each and every offense, or by impris- onment in the county jail of West- chester county for not more than ten days, or by both such fine and im- prisonment. CHAPTER XXIV. In Relation to Posting Bills. Section 1. Xo person or persons, firm or firms, corporation or corpora- tions, shall post or place any adver- tising bills, circulars, posters, cards, cuts, pamphlets or papers of any character or description upon any fence, bill board, flagstone, curb- stone, building, bridge, tree, post, wall, telegraph or telephone pole, box, hydrant or any other public place in any building or street or dis- tribute handbills within the corporate limits of the city of Mount Vernon without first having obtained a license therefor from the mayor of this city. Section 2. Every person receiving such a license shall deposit therefor the sum of fifty (S50) dollars and shall also give a bond to the city of Mount Vernon in the penal sum of two hundred and fifty (S250) dol- lars conditioned for due observance of all the ordinances of the Common Council that may be passed or are now in force respecting the matters herein stated at any time during the continuance of such license. Section 3. And the mayor after the depositing of the said sum of S50 and the bond mentioned aforesaid may from time to time grant to such person or persons, corporation or corporations as shall make applica- tion therefor such license, or the mayor may, within his discretion, re- fuse to issue such license and in that event, the application shall be marked rejected and the said sum of S50 and the bond theretofore filed shall be returned to the applicant. Such license to be issued for no longer period than one year. Section 4. Any violation of the provisions of this ordinance shall be punishable by imprisonment in the county jail for not more than ten days or by a fine of not more than ten dollars, or both such fine and im- prisonment. CHAPTER XXV. In Relation to Blasting. The Keep- ing, Storing, and Transporting of Explosives. Section 1. Xo person, persons, cor- poration or corporations, shall use any explosive in the blasting of rock or other materials within two hundred feet of any school house in the City of Mount Vernon, between the hours of S:30 o’clock in the forenoon and 3:30 o’clock in the afternoon on any day when public school is actually in session in such school building; nor at any time of the day within the corporate limits of the City of Mount Vernon, except upon a written permit therefor signed by the Mayor, upon the giving of a good and sufficient bond, to be approved by him condi- tioned for holding the said city of !Mount Vernon harmless from any and all damages arising or accruing by reason of said blasting, such permit to be for such time as the said Mayor may prescribe. Section 2. All blasts before firing shall be covered with tin, or other suitable material sufficiently large to cover the rock or substance to be broken, and such material shall be covered with at least six timbers, or 21 logs, not less than ten inches in di- ameter and ten feet long, fastened with a chain at each end, the links of which are made of not less than one- quarter inch steel or iron. Section 3. In case the excavation shall not be large enough to admit the timber or logs required, they shall be placed over the opening on the surface. In the blasting of large masses of rock it shall be within the discretion of the commissioner of public works to require a larger number of timber or logs as public safety may demand. Section 4. Before a blast is to be fired public notice and warning of the same shall be given in the fol- lowing manner, to wit: — A red fiag shall be displayed on a staff not less than ten feet high, set in a conspicuous place within twenty- five feet of the point where the charge is loaded. Also the words “a blast” shall be continually called out loud enough to be distinctly heard at a distance of two hundred feet from the point of discharge. Men shall also be sent up and down the streets, avenues, and high- ways on each side of the blast to warn travelers of danger. No blast outside of stone quarries shall be loaded heavier than as follows. The explosive to be used shall not exceed one pound in weight of 40 per cent, explosive for each four feet in depth of hole, unless the hole be of a greater depth than ten feet below the level of the curb or crown of the street adjoining, in which case there may be used for the depth below the ten feet level one pound in weight of 60 per cent, explosive for each four feet of depth of hole. Section 5. It shall not be lawful for any person or persons, firm, as- sociation or corporation except as hereinafter provided to have or keep any quantity of gun-powder, nitro- glycerine, giant powder, dynamite or other destructive explosives in any house, store, building, lot or other place in the city of Mount Vernon. Section 6. The mayor of the city of Mount Vernon is hereby author- ized to grant licenses for the erection of magazines for the storage of gun- powder, nitro-glycerine, giant pow- der, dynamite or other destructive explosives in this city. Such licenses shall be in writing and shall desig- nate the place or places where such magazine may be erected. But no such license shall be operative until such magazine shall have been con- structed in accordance with plans ap- proved by the board of fire commis- sioners to whom authority is hereby given to prescribe the materials of which such magazine shall be com- posed and the manner of its con- struction. Section 7. It shall be the duty of the board of fire commissioners to visit and inspect any such magazines and to make all necessary rules and regulations regarding the care and maintenance thereof. Section 8. No person, persons, firm, association or corporation shall, except as hereinafter provided, cart or carry through the city of Mount Vernon any quantity of gun-powder, nitro-glycerine, giant powder, dyna- mite, or other destructive explosives without first having obtained permis- sion in writing from the mayor of the city of Mount Vernon. Such per- mission shall be upon such terms and conditions, as the said mayor shall prescribe, and subject to such rules and regulations as the board of fire commissioners of said city may from time to time make in the premises. Section 9. A violation of any of the provisions of the foregoing ordi- nance shall be a misdemeanor and subject the offender upon conviction thereof to a fine of not more than fifty dollars, or to imprisonment in the county jail of Westchester coun- ty for not more than fifty days, or to both such fine and imprisonment. 22 CHAPTER XXVi. In Relation to the Placing of Chairs and Other Obstructions in the Aisles, and the Construction of Swinging Doors in Public Buildings, Theatres, Opera Houses, Churches and Places of Amusement, and the Maintenance of the Same. Section 1. Xo person, persons, cor- poration or corporations shall at any meeting or assemblage of people in any place of entertainment or amuse- ment, theatre, opera house, church or public building in the City of Mount Vernon, place any chair, chairs or benches or other obstruction in the aisles of said places of entertainment or amusement, theatre, opera house, church or building, so as to obstruct the free ingress and egress of persons to and from such place of entertain- ment or amusement, theatre, opera house, church or public building. Section 2. The person, persons, cor- poration or corporations, or the man- ager or managers, trustees, or direc- tors, shall at all times during any meeting or assemblage of people in any of the places mentioned in the foregoing section, keep the aisles and passageways in any of said places free from all and every obstruction of any kind whatever. Section 3. Any person, persons, cor- poration or corporations, trustees, managers or directors of the public buildings, theatres, opera houses, churches and places of amusement in the City of ^Mount Vernon shall cause the doors of said public buildings, theatres, opera houses, churches and places of amusement in said city, to swing outward only, and shall keep the same unfastened during the time any such building is occupied, and also keep the same clear of all ob- structions. Section 4. Xo public building, theatre, opera house, church or place of amusement shall hereafter be erected in said City of Mount Vernon, unless the plans and specifications for said buildings filed in the office of the inspector of buildings, shall contain a clause or provision that the doors of said buildings shall be swung outward only. Section 5. No ashes shall be kept or deposited in any public building, theatre, opera house, church or place of amusement in the City of Mount Vernon, unless in a close and secure iron can. All rubbish shall be prompt- ly removed from all of said buildings and no paper, rubbish or smoke creat- ing material shall be burned therein during occupancy by any audience. Section 6. The heating and elec- trical apparatus of any public build- ing, theatre, opera house, church or place of amusement in the City of Mount Vernon shall be under the supervision of a competent person. Section 7. All moving picture ma- chines, operated for public amuse- ment in the City of Mount Vernon, must be enclosed in a suitable iron or steel box, which box shall be provided with a suitable smoke vent to the outside of the building. Section 8. No person shall smoke or carry any lighted article in any public building, theatre, opera house, church or place of amusement, except as may be necessary during a per- formance. Section 9. Every public building, theatre, opera house, church or place of amusement shall maintain and keep in a conspicuous place such fire extinguishing appliances as in the judgment of the Board of Fire Com- missioners shall be necessary to safe- guard the public. Section 10. All exits or passage- ways to exits in any public building, theatre, opera house, church or place of amusement shall be marked in red letters six inches in height, and shall be provided with a gas light with a red globe, which said light must be kept burning during the whole of the performance. Section 11. All places to which any exit in any public building. 23 theatre, opera house, church or place of amusement may open, shall be pro- vided with a gas light for the lighting of the same, which light must be kept burning during the whole perform- ance. Section 12. It shall be the duty of , the Chief Engineer of the Fire Depart- ment to enforce the provisions of this ordinance, and he is empowered to use all reasonable means to enforce the same. Section 13. Any violation of the provisions of this ordinance shall be punishable by a fine of not less than ten dollars, nor more than twenty-five dollars, or by imprisonment in the county jail of Westchester County for not more than twenty-five days, or by both such fine and imprisonment, and the revocation by the mayor of the license of such public building, theatre, opera house or place of amusement. CHAPTER XXVII. In Relation to Fire Limits. Section 1. All lots of land fronting upon the following streets and avenues, and to a depth of 100 feet on each side of said streets and avenues, and within the following limits in the City of Mount Vernon are hereby designated as the parts and portions of said city within which no wooden buildings in whole or in part, nor any building covered in whole or in part by corrugated iron, shall be erected, nor the roof of any building be cov- ered with wood or with any combus- tible material. South Fourth avenue from First street to 300 feet south of Third street; South Fifth avenue from First street to Second street; South Third avenue from First street to Second street; First street from Fulton avenue to Scott’s bridge; West Lincoln avenue from Mount Vernon avenue to t]ie New York City line; Third street from Fulton avenue to Eleventh avenue; Fulton avenue from First street to Third street; North Second avenue from Prospect avenue to Sidney avenue; North Third avenue from First street to Oakley avenue; North Fourth avenue from First street to North street; North Fifth avenue from the tracks of the N. Y., N. H. & H. R. R. Co. to Sidney avenue; North Sixth avenue from Valentine street to Sidney avenue; North Seventh avenue from Valen- tine street to a point 75 feet north of Monument Place; Wilson Place from the tracks of the N. Y., N. H. & H. R. R. Co. to Valen- tine street; Stevens avenue from North Fourth avenue to 200 feet west of Wilson Place; and from the westerly side of North Tenth avenue to the easterly side of West Lincoln avenue; Valentine street (north side) from North Fourth avenue to a point 100 feet west of North Seventh avenue; Valentine street (south side) from North Fourth avenue to a point 100 feet west of Wilson Place; Sidney avenue from Crary avenue to a point 100 feet west of North Sixth avenue; Oakley avenue from North Second avenue to North Fourth avenue; Prospect avenue (north side) from North Fourth avenue to Cottage av- enue; Prospect avenue (south side) from North Fourth avenue to Elmer av- enue; Elm avenue from Park avenue to Elmer avenue; Mount Vernon avenue from' West Lincoln avenue to city line; Northeast Railroad avenue from Mount Vernon avenue to Oak street; Southeast Railroad avenue from Mount Vernon avenue to Grove street; Northwest Railroad avenue from Mount Vernon avenue to Oak street; Southwest Railroad avenue from 24 Mount Vernon avenue to West street; West street from Oak street to Southwest Railroad avenue; South Sixth avenue from First street to Second street; Depot place from North Third av- enue to North Fourth avenue; West side of Crary avenue from Prospect avenue to Sidney avenue; Both sides of Brookdale Place from First street to Washington street to the full depth of the lots fronting thereon as now laid out; North side of Monument Place from North Sixth avenue to North Seventh avenue to the depth of the lots front- ing thereon as now laid out; Section 1-A. All lots of land front- ing upon the streets and avenues and to a depth of one hundred feet on each side of said street and avenues and within the boundaries formed by the following streets and avenues in the city of Mount Vernon are hereby designated as the parts and portions of said city within which no wooden building in whole or in part, to be occupied by more than two families, shall be erected after the 7th day of April, 1908: Beginning at the tracks of the New York, New Haven and Hartford Railroad Company at the corner of North Fourth avenue and Depot Place and running thence northerly along said North Fourth avenue and Gramatan avenue to Prim- rose avenue; thence along Primrose avenue to Rich avenue; thence along Rich avenue to Grand street; thence along Grand street to North Columbus avenue; thence along North Colum- bus avenue to the tracks of the New York, New Haven and Hartford Rail- road Company; then along the said tracks of the New York, New Haven and Hartford Railroad Company to the point of beginning. Nothing herein contained shall be construed to in any way modify or affect any of the provisions of Sec- tion 1 of this chapter. Section 2. Any person or corpora- tion violating any provision or regu- lation of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined for such offense any sum not less than twenty-five ($25) dollars and not more than fifty ($50) dollars or may be committed to the county jail of Westchester county for not less than five days and not more than twenty-five days or may be both so fined and imprisoned, and in addi- tion thereto, any such person or corporation, shall be liable to a pen- alty to be recovered with costs at a suit of the city of Mount Vernon in a civil action of $100.00 for each such offense, which sum when so re- covered, shall be paid to the city treasurer. CHAPTER XXVIII. In Relation to Fire Apparatus, Pre- caution Against Fires, and of Fire Wardens. Section 1. No person shall cut or injure in any manner any hose, fire engine or other apparatus used for the extinguishment of fires, belong- ing to or used by the fire department of the city, nor drive a vehicle over such hose. Section 2. Whenever any engine, hose wagon, truck, or other vehicle belonging to the fire department of the city of Mount Vernon or con- nected therewith or any of the com- panies thereof, shall be responding to an alarm of fire, the same shall have the right of way over any and all other vehicles upon each and every street, avenue or public place in the city of Mount Vernon, and upon the approach of any such vehicle belong- ing to or in connection with the said fire department or any of the com- panies thereof, the motorman, driver, or other person in charge of any and every vehicle shall bring the same at once to a standstill and shall cause the same to so remain until the said fire apparatus shall have passed by. Section 3. No person or persons shall in any manner interfere with any fire alarm box in the city of Mount Vernon, or the box containing 25 the key for transmitting fire alarms, break the glass therein, or send in any fire alarm unless in actual case of fire, but this section shall not ap- ply to officers of the fire department in making tests or repairs under the direction of the properly constituted authorities. No person shall by outcries, ringing of bells, sounding of alarm, or other- wise raise a false alarm of fire. Section 4. No person shall set on fire or burn any hay, straw, chips, shavings or other combustible sub- stance in any street, or on any lot in the city, except between the rising and setting of the sun, and as other- wise provided in these ordinances. Section 5. It shall be the duty of the fire wardens as often as they shall deem proper to examine all buildings in the city for the purpose of ascertaining all violations of any act, ordinance or resolution having for its purpose the preventing of or the precaution 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 their 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 dan- gerous, the said fire wardens, or any of them, shall direct the owner or occupant of such building or prem- ises, by a printed or written notice, to alter, remove or change the same in such a manner and within such reasonable time as the said fire war- dens, or any of them, may deem necessary, and in case of refusal or neglect of such owner or occupant to comply with such notice, after the expiration of the time limited in such notice, the fire wardens, or any of them, may remove or change such building, appurtenance or fixtures as prescribed in said notice. And the expense of such removal or change may be recovered by action against the owner. Section 6. Any person or persons occupying any house or other build- ing in the City of Mount Vernon, shall cause the chimney in said house or building to be kept clean and free from soot or other combustible material lia- ble to cause a fire in such chimney. Section 7. 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 per- mission of the fire commissioners. Section 8. No ashes shall be kept or deposited in any building in that part of the city included within the present fire limits of the City of Mount Vernon, unless in a close and secure iron, tin, or earthen vessel, or in a brick or stone ash house. Section 9. No petroleum, kerosene, or other combustible oil or fluid used for illuminating or heating purposes, which shall emit an inflammable va- por at a temperature below one hun- dred and fifty degrees, Fahrenheit, shall be sold or kept by any dealer within the city, without a permit from the Common Council. Section 10. Every policeman is authorized and directed to inspect andi test all kerosene, petroleum, and other- combustible and dangerous oil, fluids or other substances, sold, carted, car-, ried, kept, stored or used in the city and to report to the corporation coun-. sel every violation of this article and of the general statutes relating to the keeping and storing of petroleum, or other dangerous oils or fluids. Section 11. In every tenement house a proper light shall be kept burning by the owner in the public hallways, near the stairs, upon the^ entrance floor, and upon the second floor, above the entrance floor of said house, every night from sunset to sun- rise throughout the year, and upon all other floors of the said house from sunset until ten o’clock in the evening. Section 12. Any person, persons or- corporation violating any of the pro- visions of this ordinance shall be 1|>VA'- ishable as follows, to wit: 26 (ai. For any violations of Sections one, two, nine and eleven, by a fine of not less than ten dollars nor more than fifty dollars, or by imprisonment in the county jail of Westchester county for not less than ten days nor more than fifty days, or by both such fine and imprisonment. (b) For any violation of Section three, by a fine of not less than twenty-five dollars, and not more than fifty dollars, or by imprisonment in the county jail of Westchester county for not less than ten days nor more than fifty-nine days, or by both such fine and imprisonment. (c) . * For any violation of Sections four, six, seven and eight, by a fine of not more than ten dollars, or by im- prisonment in the county jail of West- chester county for not more than ten days, or by both such fine and impris- onment. (d) . For any violation of Section five, by a fine of not less than five dol- lars, nor more than ten dollars, or by imprisonment in the county jail of Westchester county for not more than ten days, or both such fine and im- prisonment, for each and every twenty-four hours such owner or oc- cupant shall refuse or neglect to com- ply with the notice therein provided for. CHAPTER XXIX. To Regulate the Sale of Newspapers by Minors. Section 1. No boy under the age of ten years, or girl under sixteen shall be permitted to sell or offer for sale any newspaper or other periodical in any public place in the City of Mount Vernon. Section 2. Xo child under the age of sixteen (16) shall sell or offer for sale newspapers or periodicals in any street of public place of the City of Mount Vernon, unless a permit and badge as hereinafter provided, shall have been issued to him by the Super- intendent of Schools, or such other person officially designated by him for such purposes. Such permit and badge shall be issued only upon the appli- cation in person of the parent, guar- dian, or other person haviag the custody of such child, and which ap- plication bears the endorsement of the principal of the school which such child attends, unless said child has working papers issued by the Board of Health. Section 3. The said permit and badge shall not be issued until the officer issuing the same shall have re- ceived, examined and recorded in his office satisfactory proof that the child named in such application is of the age of ten years and upwards, if a boy, and sixteen years and upwards, if a girl. After having received, ap- proved and recorded such evidence, the Superintendent of Schools or his representative shall issue a permit and badge. Upon the issue of every permit and badge a deposit of money equal to the cost of said permit and badge shall be required by the Super- intendent of Schools or his agent, which sum shall be refunded to the lawful holder of said permit and badge upon return of the same. Section 4. The said permit shall state the name of the child in full, the date and place of birth, the name and place of residence of his parent, guar- dian, or custodian. The permit shall further state that the proof required by the preceding section has been duly examined and approved, and that the child named in the permit has ap- peared before the officer issuing the same. The badge issued shall bear on its face, date of issue and a number corresponding to the number on the permit issued to the said child, and each badge on its reverse side shall be signed by the child in the presence of the officer issuing the same. The badge provided shall be worn con- spicuously by the holder while at work, and shall not be transferred to any person. The badge must be exhibited at any time on the demand of any police, school or attendance officer. 27 Section 5. Each and every permit shall expire and every badge must be surrendered to the Superintendent of Schools on the second day of January in each year, and may be reissued to the holder without extra charge. The color of the badge shall be changed each year. The permit and badge of any child who violates the provisions of this ordinance will be revoked. Section 6. No child shall be per- mitted to sell or expose for sale any newspaper or periodical before seven o’clock A. M. and after eight o’clock P. M. between November first and May first, or before six o’clock A. M. or after nine o’clock P. M. between May first and November first. Section 7. No person, persons or corporations shall employ any child to sell or expose for sale any newspapers or periodicals in violation of the pre- ceding provisions of this ordinance. Section 8. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punishable as follows, viz; Any child under the age of Sixteen (16) years by revocation of the per- mit and badge and by a fine of one dollar for each and every offense, and any person over the age of Sixteen (16) by a fine of not more than ten dollars for each and every such of- fense, or by imprisonment in the County jail of Westchester County for not more than five days, or by both such fine and imprisonment. CHAPTER XXX. In Relation to the Keeping of Dogs, Etc. Repealed December 19, 1911; see Chapter 718, Laws of 1911. CHAPTER XXXI. In Relation to Nuisances and the Preservation of Good Order. Section 1. Any person who shall make, aid, countenance or assist in making any improper noise, riot, or disturbance in the streets or else- where, and all persons who shall col- lect in crowds, for unlawful or idle purposes, to the annoyance or dis- turbance of the citizens or travelers, shall, for each offense, be guilty of a misdemeanor, and shall be punishable by a fine of not less than two dollars nor exceeding fifty dollars, or by im- prisonment in the county jail of West- chester county for not more than fifty days, or by both such fine and impris- onment. Section 2. The firing or exploding of a toy cannon, gun, pistol, toy pistol, giant crackers or dynamite crackers, and the placing of explosives on any street railroad track and other rail- road tracks within the corporate lim- its of the City of Mount Vernon, are hereby forbidden. Provided, however, that this section shall not apply to the firing of ordinary torpedoes and crack- ers, other than giant or dynamite crackers, on the fourth day of July, or on the day on which our national independence shall be celebrated. Any violation of the provisions of this section shall be punishable by a fine of not less than five ($5.00) dol- lars nor more than fifty ($50.00) dol- lars, or by imprisonment in the county- jail of Westchester county for noL more than fifty days, or by both such fine and imprisonment. Section 3. Any person who shall drive a horse or other animal before a sleigh without bells being attached! to such horse or sleigh shall be pun-, ishable by a fine or not more than, five dollars or by imprisonment in the county jail of Westchester county for not more than five days, or by both such fine and imprisonment. < Section 4. Any person w^ho shall in any manner, injure or deface any building, lamp post, hydrant, or other property belonging to the city, or any well, pump, fence, tree, or any useful or ornamental work or improvement . in any street, shall be punishable by a, fine of not less than two dollars nor- more than fifty dollars, or by imprigj-. 28 onment in the county jail of West- chester county for not more than fifty days, or by both such fine and im- prisonment. Section 5. Any person who shall throw, place or deposit, or suffer his or her servants, child or family to throw, place or deposit, any dung, dead animal, carrion, putrid meat, fish, entrails, decayed vegetables, coal, wood, paper or nuisance of any kind, in any street, stream or pond, shall be punishable by a fine of not less than two dollars nor more than twenty-five dollars or by imprison- ment in the county jail of Westches- ter county for not more than twenty- five days, or by both such fine and imprisonment. Section 6. Any person who shall permit slops, sewage, or any kind of filth to run from any lot owned or oc- cupied by him, into any street, shall be punishable by a fine of not more than ten dollars, or by imprisonment in the county jail of Westchester county for not more than ten days or by both such fine and imprisonment. Section 7. Any person who shall willfully tear down or deface any no- tice, handbill, or ordinance posted up in the city by order of the Common Council, shall be punishable by a fine of not less than ten dollars or by im- prisonment in the county jail of West- chester county for not more than ten days, or by both such fine and im- prisonment. Section 8. Any person who shall throw a stone, stick or other missile, in any street, shall be punishable by a fine or not more than five dollars or by imprisonment in the county jail of Westchester county for not more than five days, or by both such fine and imprisonment. Section 9. Any person who shall bathe in the Bronx River or any stream or pond within the city be- twen the hours of seven o’clock in the morning and eight o’clock in the evening unless in a suitable bathing dress or covering, shall be punishable by a fine of not less than two dollars nor more than five dollars, or by im- prisonment in the county jail of West- chester county for not more than five days, or by both such fine and im- prisonment. Section 10. Any person wno shall keep a brothel, house of assignation, or entertain lewd women for the pur- pose of prostitution, or procure or aid in procuring lewd women for that pur- pose shall be punishable by a fine of not less than twenty-five dollars nor more than fifty dollars, or by impris- onment in the county jail of Westches- ter county for not more than fifty days, or by both such fine and impris- onment. Section 11. Any person who shall obstruct, aid or assist in obstructing any officer in the execution of his duty, shall be punishable by a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprison- ment. Section 12. Any person who shall post any handbills, notice or adver- tisements of any kind on any house, wall or fence without permission of the owner, or upon any post, flag- stones, curb stone, telegraph or tele- phone pole, shade tree, box, hydrant or other place in any street, or print, paint, stamp or otherwise mark any words, letters, figures, signs or tok- ens of any sort, thereon shall be pun- ishable by a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprisonment. Section 13. Any person who shall sell or offer for sale any prize pack- age of merchandise in any form hav- ing a value which is uncertain and dependent upon some unknown quan- tity of money or other property said to be contained therein or therewith shall be punishable by a fine of not 29 less than five nor more than fifty dol- lars for each offense, or by imprison- ment in the county jail of Westches- ter county for not more than fifty days, or by both such fine and im- prisonment. Section 14. Any person who shall keep any swine within the limits of the city without a permit from the health officer, shall be punishable by a fine of not less than three dollars nor more than twenty dollars or by imprisonment in the county jail of Westchester county for not more than twenty days or by both such fine and imprisonment. Section 15. Any person who shall keep any cows within the corporate limits of the City of Mount Vernon in any barn, shed, or other building at a less distance than fifty feet from any dwelling, except the dwelling occu- pied exclusively by the person keep- ing such cows, shall be punishable by a fine of three dollars, and a further fine of one dollar for each day’s con- tinuance of the violation of .this sec- tion, or by imprisonment in the county jail of Westchester county for not more than ten days or by both such fine and imprisonment. Section 16. Any person who shall publicly exhibit any theatrical, rep- resentations, feats of horsemanship, circuses, caravans or animals, or any animal or artificial curiosity, or other shows or exhibitions, or performances in said city, without first obtaining a license from the mayor therefor, and filing a bond satisfactory to the mayor of the city, in the penal sum of two thousand dollars to guarantee the city against suits for damages that might arise by reason of any acts of their agents or employees, and furnishing satisfactory references from the last town where said show was exhibited, shall be punishable by a fine of not less than ten dollars nor more than fifty dollars or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprisonment. For every license so granted there shall be paid not less than ten dollars nor more than one hundred dollars at the discretion of the mayor. Provided, however, that licenses may be granted without fee for any church or school, or for any benevolent, charitable or scientific society, or for any local charity. This section, however, shall not apply to any show, exhibition or performance given in a hall, theatre, or building licensed by the Common Council. Section 17. All processions or par- ades occupying or marching upon any sidev/alk, street or public place of the City of Mount Vernon (excepting the national guard, political parade, the fire department, funeral proces- sion engaged in the actual burial of the dead), are forbidden unless the written consent of the mayor be ob- tained, and such consent shall desig- nate the street or streets of the city through which said procession or par- ade may move; such licenses shall not be given unless the person or persons desiring the same shall file a bond satisfactory to the mayor of the city, in the penal sum of two thousand dol- lars to guarantee the city against suits or damages that might arise by reason of street parades or any acts of their agents or employees, and pay a license fee of ten dollars to the city clerk of Mount Vernon and fur- nish satisfactory references from the last town where said show was ex- hibited. This section shall not apply to shows that have taken a license and filed bonds under Section 18. Any person violating this section shall be deemed guilty of a misde- meanor and punished by a fine not exceeding fifty dollars or by impris- onment 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. Section 18. Any owner or owners of any public hall in this city who shall hold receptions, concerts, lec- tures, etc., in said hall without first obtaining a license therefor shall be 30 punishable by a fine of not less than ten dollars nor more than fifty dol- lars, or by imprisonment in the coun- ty jail of Westchester county for not more than fifty days, or by both such fine and imprisonment. For every license so granted there shall be paid the sum of fifty dollars, for a yearly license and twenty-five dollars for a six months’ license. No license shall be granted for a less period than six months. Section 19. Any person or persons who shall in any manner disturb or remove or aid in disturbing or remov- ing any garbage after it has been set out on the sidewalk in cans or other receptacles by citizens for removal, except those in the employ of the con- tractor duly authorized to collect and remove the same in said city, shall be guilty of a misdemeanor, and shall be punishable by a fine of not less than five dollars nor more than fifty dollars for each offence, or by imprisonment in the county jail of Westchester county for not more than thirty days, or by both such fine and imprisonment. CHAPTER XXXII. Inspection of Steam Boilers and En- gines, and Licensing Engineers. Section 1. The use of steam boil- ers, except as authorized by this ar- ticle, is hereby prohibited, and no per- son 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 li- censed, as in this article provided; nor for a longer time than authorized, by license hereinafter provided, nor beyond the time authorized in such license, nor after such license shall have been revoked. Section 2. No person shall operate, manage or run a steam engine or boiler except such person shall have been examined and licensed so to do under the provisions of this article. Section 3. There shall be an in- spector of engineers and of steam boilers, and two examiners of engin- eers, who shall be nominated, and with the consent of the Common Council, appointed by the mayor. The said inspector shall be a practical ma- chinist and engineer, of at least five years’ practice and experience, and fully acquainted with the applied phil- osophy of steam. The said examiners shall each be practical engineers, not having charge of any engine or boiler in this city. The term of office of said inspector and examiners shall begin upon the first day of October. They shall severally hold their offices one year, and until their successors are appointed and shall have qualified. The penalty of the bond required from said inspector shall be two hundred and fifty dollars. Section 4. The said inspector shall he a resident of the city and the title of his office shall be “The inspector of engineers and steam boilers of the City of Mount Vernon,” and the title of the office of said examiners shall be “Examiners of Engineers of the City of Mount Vernon.” The said ex- aminers shall receive as compensa- tion the* sum of five dollars, to be paid out of the city treasury, for each meeting held by them, but shall not be paid for more than six meetings in any one year, and the said inspector shall receive no other compensation than is prescribed in this article. The said inspector and examiners shall constitute a board of examiners for the examination of all applicants for examination and license as engineers under the provisions of this article, and the said inspector shall keep a record of all the proceedings 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 ex- amined, the date of the examination and the particulars of the examina- tion, and the date of any license granted on such examination, and of all renewals thereof, and of any other matter or thing with reference to such examination and license and to the person licensed which he shall think proper for the protection of the 31 public. He shall also keep a record of all boilers inspected, the manner and time of inspection, the owner’s names and the place of inspection, a description of such boilers and of the attachments and appliances thereof, the date and particulars of any license granted for any such boiler, and of any change authorized to be made in 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 to the Common Coun- cil on the first day of May, August, November and February, of each year, reports showing the names of persons licensed as engineers and the number of their licenses respectively, when issued, and the reason why not grant- ed when a license is refused; of the boilers inspected and the names of the owners and the location of the boil- ers, the numbers of the licenses for such boilers, respectively, when is- sued, and the reason why not licensed when a license shall have been re- fused; the fees by him received and from whom received; and he shall at the same time report the condition of the steam boilers in the city, speci- fying imperfections in boilers and derelictions of engineers or persons in charge, and making such other sug- gestions as will tend to the safety of life and property in the use of steam. He shall also, from time to time, and as often as it shall occur, report in writing to the mayor all violations of this article. Said inspector at the expiration of his term of office, or when suspended from office shall de- liver to the city clerk all records, books, papers and other property be- longing to the city. Section 5. The said inspector shall annually inspect all steam boilers set up, used or to be used in said city, and all appliances connected there- with, and test the same. He shall so do at such times as shall interfere as little as possible with the business connected with the use of steam gene- rated in such boilers. He shall give reasonable notice of the day and hour of the day when he will make such inspection and test, by notice in writ- ing to be delivered to any such per- son found in charge of any such boiler. The strength and security of such boilers shall be tested by hydro- static pressure or otherwise, and he shall limit the pressure of steam to be applied to or upon such bodies re- spectively. In limiting the amount of pressure, whenever the boiler under test will bear the same, the limit de- sired by the owner shall be allowed and licensed by the inspector. Section 6. In case any steam boiler or the appliances or apparatus con- nected therewith shall be deemed by the inspector, after inspection and license, to be insecure or dangerous, 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 meanwhile, and until such changes and alterations are made, and such appliances attached, such boiler, apparatus and appliances may be taken under his control, and all persons are hereby prohibited from using the same under such conditions and restrictions as the said inspector may prescribe in writing. Section 7. The hydrostatic pressure applied by such inspector in testing any steam boiler shall in no case ex- ceed 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 ascertained by the officers of the United States Govern- ment, and is known, 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 hand, and 8,180 pounds per square inch when single riveted. Section 8. No person shall subject or permit any other person to sub- ject any boiler to a higher steam pres- sure than that specified for its use in the license to be issued, which shall 32 in no case exceed 66 2-3 per cent, of the hydrostatic pressure applied on the inspection and the hammer test. Section 9. No steam boiler shall be used which shall not have a safety valve of sufficient area to carry off steam as fast as generated, and at- tached thereto an escape pipe of like area leading to the open atmosphere. No boiler shall be used which shall not have some sufficient appropriate connection for supplying it with water when the engine is not in operation. No boiler shall be used without a one and a quarter inch cock attached thereto, and which shall not have three or more gauge cocks, also a glass water gauge, all properly affixed in the proper places and in good work- ing order. No person shall use or cause to be used, or permit to be used, any steam boiler in said city not so provided, and no person shall load, lock or hamper the safety valve of any boiler so that the steam ap- plied to the limit of pressure will not freely escape therefrom. The said inspector is hereby authorized 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 inspection and test, have been found by him to be safe for use. Such license shall, as near as may be, de- scribe 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 pressure of steam desired as the limit, by the owner, the number of pounds per square inch permitted and auth- orized, the time during which such boiler may be used under such license shall expire; such license shall also particularly show how and in what manner provided as to all the particu- lars required in this article. All such licenses shall be numbered consecu- tively. Such licenses shall in all cases be conspicuously displayed at all times in the engine or boiler room. Section 10. No such license shall be used for any other boiler than the one for which it was issued. Section 11. If any boiler shall be removed or reset after any such in- spection or test, such act of removal or resetting shall work the revoca- tion of the license. Section 12. After a boiler shall have been inspected and tested no change shall be made therein, or in setting thereof without notice to such inspector in writing of the intention so to do, and the change or addition authorized by him by indorsement thereof upon the license already is- sued. Section 13. No person shall with- out a certificate of qualification and license, to be issued by said inspector, as in this article provided, operate, manage or run any steam engine or boiler, within said city, and then only while such license shall be of force. Section 14. No person having charge or control of any steam engine or boiler, either as owner, superintend- ent, or employee shall employ, en- gage, authorize or permit any person to operate, manage or run any steam engine or boiler, except a person hav- ing a 'certificate of qualification and license, to be issued as in this article provided, and only when such license is in force. Section 15. It shall be the duty of the aforesaid board of examiners to examine all persons proposing to op- erate, manage or run steam engines or boilers and to certify the qualifica- tions of such as they shall find com- petent, and to license such persons to operate, manage and run steam en- gines or boilers either as first or sec- ond class engineers, as in Section 16 provided. The said inspector and ex- aminers shall, within ten days after they are appointed and have qualified, publish a notice for two weeks suc- cessively, in the official city newspa- pers, of a time and place when and where they will attend, to receive ap- plications for examination and license 33 as engineers, and at such time and place they shall attend and sit as a board of examiners and to receive such applications, make such examin- ations, and continue the same from time to time, without delay, until they shall have completed the examina- tions of all who shall then apply, and thereafter they shall attend and ex- amine all other persons applying for such examination and license, at such time and place as they shall appoint, not more than ten days after the re- ceipt by them of any application for such examination. Persons desiring such examination shall apply to said inspector in writing, specifying in full their names, place of residence, by street number if possible, their pres- ent employment, the length of time of their employment as engineers, the places where employed for one year last past and by whom employed, and the names of at least three residents of the said city acquainted with their habits of sobriety. Such applications may he made to said inspector, by leaving the same, addressed to him, at the office of the city clerk; and it shall be the duty of such inspector, upon receiving any such application in writing forthwith to notify the said examiners thereof, and to agree with them upon the time and place for such examination and to notify the ap- plicant thereof. Section 16. Every person examined for certificate and license as an en- gineer shall be examined by said board of examiners as to his knowl- edge of the mechanism of steam ma- chinery and the construction thereof, his mechanical skill, general knowl- edge and experience, and his habits of sobriety. There shall be two classes of licenses; one to first-class engineers, and one to second-class en- gineers. To all such persons as shall satisfactorily show, by such examina- tion, their qualifications and compe- tency to manage, operate and run a steam engine or boiler, without haz- ard to life or property, the said in- spector is hereby authorized and re- quired forthwith to issue a certificate of qualification and license, which shall be signed by said inspector and countersigned by said examiners. Such license shall specify the class in which the person to w'hom it is issued is placed, either a first or a second- class engineer. No license, except to a first-class engineer, shall authorize such person to operate, run or man- age a steam engine, or a boiler, when the engine, if any is connected there- with, shall be in operation. The li- cense to a second-class engineer shall only authorize the person to whom it is issued to have charge of and ope- rate a steam boiler when not con- nected 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 examin- ers for a like period by appropriate endorsement thereon. No such certifi- cate and license shall be issued 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 prop- erty; and for like reasons a renewal of any license granted must be re- fused when such board shall so de- termine, and upon satisfactory infor- mation to said board of examiners of any such deficiency such board may revoke any such license granted. Section 17. Any person feeling him- self aggrieved by any decision, order or ruling of said inspector or board of examiners may appeal therefrom to the mayor of said city by filing with the city clerk a notice of such appeal in writing and depositing the sum of ten dollars within thirty days after the making of the decision, order or ruling so appealed from. 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 appeal, who shall within forty-eight hours thereafter attend, at the city 34 clerk’s office to hear and decide such appeal, and he shall notify the ap- pellant and said inspector and said board of examiners to attend; the mayor shall hear the said appellant and said inspector and said board of examiners, and shall obtain such other advice as to the matter as he may deem proper, and he may affirm, re- verse, or modify the decision, order or ruling of said inspector or said board of examiners, by his order in writing, to be filed without delay with the city clerk, and the said inspector or board of examiners shall forthwith proceed to carry out and enforce such order oi the mayor. In case any such order, decision or ruling of said in- spector or said board of examiners he modified or reversed by the mayor the money paid by said appellant to the clerk shall be returned to the appel- lant, otherwise it shall be paid to the inspector to be used and accounted for by him in the same manner as all other fees provided for herein. Section 18. Whenever any steam boiler shall have been inspected and insured by any insurance company or- ganized and authorized by law to in- sure steam boilers and a certificate of inspection and of insurance thereof shall have been issued and delivered by such company to the owners there- of, such certificate of inspection and of insurance shall by the owner of such boiler be presented to the said inspector of engineers end of boilers, at or before the time fixed by the said inspector for the inspection and test- ing of said boiler, and in the notice prescribed in section five of this arti- cle, shall state the fact that he has such certificate of inspection and in- surance, and if the said inspector of engineers and boilers shall approve of such certificate, and of the company issuing the same, and of the manner of the inspection and the result there- of, 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 inspection and testing, stating in such license the matters above re- quired 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 being actually inspected and tested by him because of such certificate of inspection and insurance. When such certificate of inspection and insurance does not state all the matters necessary to be stated in such license, he shall state such facts from actual examination and inspection or test, as the case may be. Section 19. Any person violating any provision of the foregoing sec- tions one, six, eight, nine, ten and twelve, of this ordinance shall be punishable by a fine of not less than twenty-five dollars nor more than fifty dollars for each and every such vio- lation or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprisonment, and when the violation shall be continued from day to day by a further fine of not less than twenty-five dollars nor more than fifty dollars or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprisonment, for each and every day such violation shall be continued. Section 20. Any person violating any of the provisions of the forego- ing sections two, thirteen and four- teen of this ordinance shall be pun- ishable by a fine of not less than ten dollars, nor more than twenty-five dollars for each and every such vio- lation or by imprisonment in the county jail of Westchester county for not more than twenty-five days, or by both such fine and imprisonment and when such violation shall he con- tinued from day to day, a further fine of twenty-five dollars for each and every day such violation shall be con- tinued, or by imprisonment in the county jail of Westchester county for not more than twenty-five days, or by both such fine and imprisonment. 35 Section 21. The inspector of en- gineers and of steam boilers shall col- lect and receive the following fees, all of which shall be paid before the performance of the particular service for which the fee is charged, 1. For the examination of a steam engineer, the sum of two dollars, to include the fee for certificate and li- censes to be granted when the per- son shall be found qualified and for every endorsement of renewal of such licenses, the sum of fifty cents. 2. For inspecting and testing a sin- gle steam boiler, five dollars, and when two or more steam boilers are connected with the same engine, and may be and are inspected and tested at the same time, the sum of three dollars for each boiler after the first. When the inspection of such addition- al steam boiler may not be made at the same time with the first boiler, five dollars for each 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 in- spection and insurance of a steam boiler issued by an insurance com- pany and issuing a license for such boiler, one dollar, and for making any further necessary examination of a boiler, to ascertain facts not stated in such certificate, the further sum of one dollar. 4. The said inspector shall pay over to the city treasurer one-quarter of all such fees and the balance shall be re- tained by him to his own use. Section 22. This ordinance shall not apply to railroad locomotives used as such, nor to boilers actually used for propelling steam vessels navigating the Eastchester Creek when the same shall have been inspected and licensed by the laws of the United States or in pursuance thereof. Nor shall this ar- ticle apply to steam boilers solely used for heating purposes, nor to per- sons operating same. CHAPTER XXXIII. Relating to the Erection, I nstallation, Altering and Repairing of Electrical Constructions in the City of Mount Vernon and the Duties and Powers of the City Electrician of Said City. Section 1. Be it ordained by the Common Council of the City of Mount Vernon that the office of’ the city elec- trician be and the same hereby is, established in the said city. Section 2. It shall be the duty of the city electrician to inspect all over- head and under ground street con- structions, poles, brackets, fixtures, crossarms, subways, wires and electri- cal constructions of whatever charac- ter, he shall report to the Common Council such as are defective or need to be repaired, removed or rebuilt, whereby in his judgment life or prop- erty is endangered and it shall be his duty to see that all laws and ordin- ances now in force or that may here- after be enacted, governing electrical power of the construction or the use or transmission thereof, in said city are strictly complied with, and that no electrical work be done or be in use which endangers life or property. Said city electrician shall have the right during all reasonable hours to enter any manhole or subway in the discharge of his official duties or for the purpose of making any electrical tests of the electrical apparatus or ap- pliances therein contained and for that purpose he shall be given prompt ac- cess to all manholes and subways upon application to the corporation or individual owning, or in charge or con- trolling the same. Said city electrician shall have the power in the event of fire within the city limits or upon the occasion of a severe storm or other emergency or in case of any defective electrical construction, to turn off or cause to be turned off any electrical current that in his judgment is dan- gerous to life or property and it shall be unlawful to turn on such current without a permit from said city elec- trician or a resolution of the Com- mon Council. Said city electriciari 36 shall have authority to remove or cause to be removed all dead wires or poles found in the streets or public places in said city, after first having reported the existence of the same to the Common Council and having been authorized by it to effect such re- moval. Section 3. Said city electrician shall in the discretion of the Common Coun- cil be furnished an office or headquar- ters and proper books for his use and shall attend at said office between the hours of nine and ten o’clock in the forenoon and three and four o’clock in the afternoon of each day other than Sundays, and holidays, unless an emergency requires his presence else- where in the discharge of his official duties, during these hours on any day. He shall keep a record of all applica- tions for permits to string wires, all certificates of inspection issued by him, and all inspections made by him with the date thereof and such books and records shall be at all times open for public inspection. Section 4. It shall hereafter be un- lawful for any person or corporation to string, add to, change, or alter any wire for transmission of electric cur- rent or cause the same to be done or to make any electrical construction in any of the streets or public places of said city without first obtaining a per- mit so to do from said city electrician, but in case such permit be refused the Common Council may by resolution order the issuance thereof. Section 5. Any person, persons or corporations violating any of the fore- going provisions of this ordinance shall be deemed guilty of a misde- meanor and shall upon conviction thereof by any magistrate be punish- ed by a fine of not more than twenty- five dollars for each offense, or may be committed to the county jail of Westchester county for not more than twenty-five days, or may be both so fined and imprisoned. Section 6. No person except the city electrician shall tamper with the po- lice signal system or cut any wire or break or interfere with any circuit thereof. Any person, persons or cor- porations violating the provisions of this section upon conviction thereof by any magistrate shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than twenty-five dollars for each offense or may be committed to the county jail of Westchester county for not more than twenty-five days or may be both so fined and imprisoned. Section 7. All poles now erected or hereafter to be erected within the city to which any wire may be at- tached or suspended for the purpose of conducting electricity shall be kept painted in some uniform style, satis- factory to the Common Council. Section 8. Every person or cor- poration owning, leasing or operating any wire within the city conducting electricity shall, within forty-eight hours after notice so to do by the city electrician, begin to make such substitution of or repairs to any post, support, crossarm, stay, subway or conduit as may be required by said city electrician and shall continue and complete the same as speedily as the same can be done, and if default be made in either beginning or complet- ing the same, the city electrician shall forthwith report such default to the Common Council and said Common Council may require the same to be done by the city electrician or under his direction and the cost thereof shall be recovered from the person or cor- poration required to do such work, in a civil action to be brought in the name and on behalf of the City of Mount Vernon. Section 9. Upon the request of the city electrician any person, persons or corporation owning or operating any electric or other wires upon, over or under any street within said city shall, within fifteen days thereafter furnish an accurate list of the location of the poles, and the number of crossarms thereto affixed and the number of wires thereto attached, the location of subways and manholes and any other information in relation to the method of their operation, to- gether with the location where ser- vice is rendered, viz; — telegraphic, telephonic, or electric lighting (speci- fying whether arc or incandescent) or for electrical power, owned, oper- ated or controlled by him or it. Section 10. All poles carrying wires shall be designated by stencil with the name of the person or corporation owning or using the same. Section 11. No wire, or wires or other electrical fixtures shall be at- tached to any trees upon or along any street, avenue or highway in said city without a permit from the owner of the trees and the City Electrician. Hereafter where wires are strung- through trees where they are liable to come in contact with such trees, they shall be doubly insulated and otherwise protected in an approved manner. Any person or corporation violating any provision of this section shall be deemed guilty of a misde- meanor and shall upon conviction thereof by any magistrate be punished by a fine of not more than ten dollars for each offense, or by imprisonment in the county jail of Westchester county for not more than ten days, or by both such fine and imprisonment. Section 12. All high tension wires shall be placed and maintained at least sixteen inches in the clear from any and all telephone, telegraph or other wire of lower tension. CHAPTER XXXIV. In Relation to Hackney-coaches, Cabs, Stages or Other Vehicles Which May Be Used for the Conveyance of Passengers or Baggage. Section 1. Every person keeping or who may keep a hackney coach, cab or other carriage or any vehicle for hire for the conveyance of passengers, or any vehicle conveying the baggage of passengers within the bounds of the city and every person owning, keeping, or being in possession of such hackney coach, cab or other ve- hicle, which he lets for the convey- ance of passengers or baggage within the city limits which, whether such hackney coach, cab or vehicle be kept, used or let for the purpose aforesaid in connection with any livery stable business or otherwise, shall obtain from the mayor a license therefor; and such license, shall state the num- ber of the coach, cab, carriage, bag- gage wagon or vehicle and shall con- tine in force until the 3rd day of January next after the date thereof. Any person keeping, or who may keep, own or be in possession of any coach, cab, carriage or vehicle or baggage wagon or vehicle for hire, or which he lets for the conveyance of passen- gers or baggage as above specified, who shall not have obtained such license therefor, shall be subject to a fine of not more than ten dollars ($10) or to imprisonment in the county jail of Westchester county for not more than ten (10) days for each offense, or by both such fine and imprison- ment. Section 2. The Mayor is hereby authorized to grant licenses under the corporate seal, attested by the city clerk to keep hacks, cabs, carriages and stages for hire and to suspend or revoke said license at pleasure. Section 3. Any person procuring such license shall pay to the city clerk therefor, the sum of three dollars ($3) if for a vehicle with two horses at- tached, and the sum of two dollars and fifty cents ($2.50) if for a four- wheeled vehicle with only one horse attached, and two dollars ($2) if for a two-wheeled vehicle with one horse only attached, and the sum of six dol- lars ($6) if for a vehicle commonly known as an automobile. Section 4. Every driver of a hack- ney coach, carriage or cab, shall, on receiving his license, pay to the city clerk the sum of one dollar ($1.00) therefor, and for every renewal the sum of fifty cents (50c.). Section 5. No person shall drive any hackney coach, carriage or cab 38 ^vithout having been at the time li- censed as aforesaid; and no owner of any hackney coach, carriage or cab shall suffer or permit any person to drive such hackney coach, carriage or cab who is not licensed as aforesaid. Section 6. Every licensed owner or driver of any hackney coach, carriage or cab, whenever he shall drive the same, or shall be with his coach, car- riage or cab on any public stand or at any railroad depot, or while wait- ing for employment at any place, --hail wear conspicuously 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 or cab thereon in plain black figures, of not less than one-half inch in length, and the word “Licensed” above and the word “hack” beneath such number in semi-circular form, the letters to be not less than one- quarter of an inch in length. Section 7. The mayor or chief of po- lice are hereby authorized to desig- nate public stands; to permit so many and such coaches, carriages or cabs, as in their judgment may be neces- sary to stand at such places as they may deem proper for the accommoda- tion of the travelling public. The mayor or chief of police may give such orders respecting the standing of hackney coaches, carriages or cabs at and near railroad depots and places of amusement at night, and at and upon the stands designated and speci- fied for such hackney coaches, car- riages or cabs as may be necessary to preserve order, and all such orders shall be obeyed. Section 8. No person, except a li- censed driver of a hackney coach, car- riage or cab, shall wear the badge of any licensed driver, or any badge pur- porting to be the badge of any licensed driver nor shall any person other than a licensed driver or owner solicit pas- sengers for any hackney coach, car- riage 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. Section 9. The last four sections shall not apply to any licensed owner or driver of any coach, carriage or cab having special license. Section 10. 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 follow- ing, that is to say: the license num- ber of the hackney coach, carriage or cab, shall be fixed in plain, legible fig- ures in metal of at least two inches in length, and a quarter of an inch thick on each side of the rocker immedi- ately 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 chief of police. Section 11. Every hackney coach, carriage or cab, when driven and used in the night, shall have upon some conspicuous part of the outside there- of 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. Section 12. Xo owner or driver of any hackney coach, carriage or cab, while on any of the stands, 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 per- sons to any place or places in the city, but shall immediately carry such person or persons to the place re- quired, and shall not take any other passenger without his or their con- sent. Section 13. X’o person, whether owner or driver of any hackney coach, carriage or cab or accommodation stage coach while waiting for employ- ment at any public stand, shall snap or flourish his whip or leave such coach, carriage or cab or accommoda- tion stage coach, for the purpose of 39 looking for employment for such coach, carriage, cab or accommoda- tion stage coach. Section 14. All 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 for hire or wages. Section 15. The price or rates of fare to be taken or paid to the owner or drivers of hackneys coaches, car- riages, or cabs shall be as follows: to wit: — 1. For conveying one or two pas- sengers any distance not exceeding one mile, twenty-five (25c.) cents each; except that for conveyance in a vehicle commonly known as an auto- mobile, the price or rate for convey- ing one or two passengers any dis- tance not exceeding one mile shall be fifty (50c.) cents each. 2. For carrying a passenger any distance exceeding one mile within the city limits, (50c.) cents, and for each additional passenger twenty-five (25c.) cents; except that for the con- veyance commonly known as an auto- mobile, the price or rate for convey- ing a passenger any distance exceed- ing one mile within the city limits shall be one dollar ($1.00) and for each additional passenger fifty (50c.) cents. 3. For returning a passenger the same rates as above prescribed for the conveyance of “a passenger” and for returning each additional passen- ger the same rates as above pre- scribed for the conveyance of “each additional passenger.” 4. For the conveyance of passen- gers between the hours of midnight and 5 A. M., they shall be allowed to charge double fares. 5. 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 stop- ping as often as may be required one dollar per hour, and for the use of a cab in the same manner seventy-five (75c.) per hour. 6. For the conveyance of children between the ages of seven and twelve years half price only is to be charged and for children under seven years of age no charge is to be made when accompanied by an adult. 7. Whenever a hackney coach, car- riage or cab shall be detained, ex- cepting as aforesaid, the owner or driver of a hackney coach or carriage shall be allowed at the rate of one dollar ($1.00) per hour, and the owner or driver of a cab shall be allowed at the rate of seventy-five (75c.) cents per hour. 8. 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, portman- teau or box, not exceeding one hun- dred pounds in weight, for each pas- senger, if he be requested to do so, without charge or compensation, but every trunk or such article above named weighing over one hundred pounds or in excess of one for each passenger, he shall be entitled to charge the same rate as for convey- ing an additional passenger. 9. 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, 10. The owner of a hackney coach, carriage or cab shall not be entitled to receive any pay for the convey- ance of any passenger from whom he shall have demanded any greater price or rate than he may be authorized to receive as aforesaid, and unless the number of his hackney coach, car- riage or cab and the rates and prices of fare, shall be placed and fixed in his vehicle in the manner prescribed by this article, at the same time such passenger may be conveyed in such vehicle, and (except in the case of vehicles used only for the conveyance of baggage) any person obtaining a 40 license as prescribed by this article shall also receive from the city clerk, without additional charge, two cards on which shall be plainly printed the regulations and fees established by these ordinances, which such licensed person shall maintain in such places in such carriage, sleigh or vehicle as to be conveniently read by passengers at all times. Any violation of any of the provis- ions of this section shall subject the owner, keeper or driver of any such carriage or vehicle to a fine of not less than ten (10) nor more than twenty-five ($25) dollars, or to im- prisonment in the county jail of Westchester county for not less than ten nor more than twenty-five days for each offense, or both such fine and imprisonment. Section 16. 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. Section 17. Every person licensed as provided in the last preceding sec- tion shall pay to the city clerk the sum of two dollars. Section 18. The chief of police shall, at all reasonable times have free ac- cess to such hackney coaches, car- riages and cabs within the premises of their owners vvithout hindrance. Section 19. It shall be the duty of the chief of police to visit the public stands, and all places where hackney coaches, carriages and cabs are per- mitted to stand. He shall have the power to order away from the stands, and from all other places, any hack- ney coach, carriage or cab not pro- vided with a number or with lamps after dark lighted, and numbered as hereinbefore required, or not furnish- ed with proper and suitable harness and horses, of if the same in his opinion shall be improperly obstruct- ing the street, or if the horses at- tached thereto are unruly, or if the driver or person having charge of such hackney coach, carriage, or cab is intoxicated or in any manner mis- behaves himself. Section 20. It shall be the duty of the said chief of police to see that all the laws regulating hackney coaches, carriages and cabs, are in every re- spect complied with. Section 21. Licenses to keep and run accommodation coaches, stages, or vehicles, for the transportation of passengers for hire, upon designated routes, may be issued by the mayor, under the corporate seal, and attested by the city clerk. Such license shall specify in each case, and for each of such coaches, stages or vehicles, the name of the owners, its number and the route for which the license shall be granted. Section 22. Every person licensed by virtue of the preceding section twenty-one shall pay therefor for every such accommodation coach, stage or vehicle kept or used by him the sum of five dollars for the license, to expire on the 3rd day of January next after its issue. And for a license for 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 or drivers of such ac- commodation coaches, stages or vehi- cles shall not exceed the sum of ten. cents for each mile and the fraction, of a mile for each passenger. The license fee to be paid by those persons under the provisions of this and the preceding sections, after the third day of January in each year, shall equal as many twelfth parts of the license fee as there are months remaining. Section 23. No person shall keep or drive or hire any accommodation coach or stage, or stage coach by whatever name or title the same may be known or designated without be- ing licensed as aforesaid. Section 24. The mayor is hereby authorized to grant licenses to drivers of such coaches as are herein men- 41 tioned as often as may be necessary, and to suspend or revoke the same whenever he may deem it expedient; and every driver of a stage or accom- modation coach shall, on receiving his license, pay to the city clerk the sum of twenty-five cents. Section 25. The provisions and penalties of the several sections of the ordinances 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 li- censed, by virtue of the provisions of this article, and to the drivers thereof. Section 26. All licenses granted un- der the provisions of this article ex- cept daily licenses shall expire on the 3rd day of January next after the date thereof. Section 27. 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, and a separate license shall be taken out for each. Section 28. Every person licensed as aforesaid may, without additional license, use or drive a sleigh instead of the licensed hackney coach, car- riage or cab, or accommodation stage. All provisions of this article, except as hereinbefore provided, shall apply to such sleigh. Section 29. 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. Section 30. Except as otherwise herein specifically provided every per- son violating any of the provisions of this article shall pay a fine of not more than ten dollars, or be impris- oned in the county jail of Westches- ter county for a period of not more than ten days for each offense, or be both so fined and imprisoned. CHAPTER XXXV. In Reference to Weights and Meas- ures in Said City. Section 1. The mayor of the City of Mount Vernon, by and with consent of the Common Council thereof, shall appoint a competent resident citizen of said city as a sealer of weights and measures whose term of office shall be the same as that of other appointive officers of said city. Section 2. The said sealer of weights and measures shall forthwith upon his appointment procure the proper standards of weights and meas- ures for said city as required by law and safely keep the same. It shall be his duty to see that all weights and measures and apparatus for determin- ing the quantity of commodities used throughout the city shall agree with the standards in his possession. Section 3. All persons using weights, measures, scale-beams, patent bal- ance, steelyards or any instrument used in weighing or measuring any article intended to be purchased or sold in the City of Mount Vernon, shall cause the same to be sealed and marked by the sealer of weights of said city, and the same shall be made conformable to the standard of the State, and be sealed or marked by such stamp or dye as may be desig- nated by the Common Council, and the year in which the same shall be sealed and marked. Section 4. It shall be the duty of the sealer of weights, and he is here- by authorized to inspect and examine at least once in each year, and as much oftener as he may think proper, all weights, measures, scale-beams, patent balances, steel yards, and other instruments, used in said city in weighing and measuring as aforesaid. But it shall not be lawful to charge or receive for such inspection and exam- ination more than once in each year, unless such instruments shall be found not conformable to the stand of the state. 42 Section 5. No person shall refuse to exhibit any weights, measures, scale-beams, patent balances, steel- yards, or other instruments to the sealer of weights for the purpose of such inspection, nor shall in any man- ner hinder, molest, or obstruct him in the performance of his duties as here- in prescribed. Section 6. All weights, measures, scale-beams, steelyards, patent balan- ces, or other instruments used for weighing, shall be inspected at the stores and places where the same are used, but in case they are found not conformable to the standard they shall be sent to the owner, at his ex- pense to the police headquarters in said city for adjustment and sealing, within three days after the owner thereof, shall be required to do so, in writing by the sealer of weights. Section 7. A register of all instru- ments for measuring and weighing which shall have been inspected by the sealer of weights shall be kept by him in which shall be entered in each case, by the said sealer of weights, the names of the owners or persons in possession of such instruments, the date of inspection, whether same are conformable to the standard and a re- port of each violation of any pro- visions of this article. It shall be the duty of the sealer of weights to re- port forthwith to the corporation coun- sel the names of all persons violating any of the provisions of this article and their places of business; and once in every six months to deliver to the city clerk correct copies of the entries in the register aforesaid for the period subsequent to the date of the last pre- ceding return. Section 8. After the passage of this ordinance it shall not be lawful for any person within the city of Mount, Vernon to use weights, meas- ures or apparatus used in determining the quantity of commodities sold, without the same are properly sealed and marked by the sealer of weights and measures in the form and manner required by the laws of the state. Section 9. The said sealer shall be entitled to receive for his services the sum of five hundred ($500) dollars per annum payable in equal monthly in- stallments; and a further sum for his disbursements in such amounts and at such times as the Common Council may determine; provided, however, that the total sum so allowed to such sealer for such disbursements shall not exceed fifty ($50) dollars in any one year. The said sealer shall col- lect all fees prescribed by the laws of this state or any ordinance of this city to be paid by the person or per- sons whose weights and measures are so sealed and marked; and all such fees shall become and be the property of the City of Mount Vernon, and shall be paid over to the City Treasurer by said sealer once in each month; and said sealer shall, once in each month, make a written report to the Common Council of his proceedings hereunder. Section 10. Any person or persons, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and punishable by a fine of not less than twenty-five dollars nor more than fifty dollars for each and every offense or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprisonment. CHAPTER XXXVI. In Relation to Sales of Property at Auction. Section 1. No person shall sell at auction any goods, wares, merchan- dise, or other personal or real prop- erty within the city of Mount Vernon, without having a license therefor granted as provided in section 2 of this ordinance. Section 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 goods, wares, merchandise, personal or real 43 property within the limits of the city of Mount Vernon upon their giving a bond to the city of Mount Vernon in the sum of five hundred ($500.00) dol- lars conditioned for the proper dis- charge of their duties as such auction- eers, which license shall expire on the 1st day of May next after their issue. The city clerk shall collect as fees for such license the sum of forty ($40.00) dollars per year. Section 3. Any person selling said goods or property at auction within said city without having a license is- sued therefor, as aforesaid shall be guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine of not more than twenty-five dollars for each and every offense, or by imprisonment in the county jail of Westchester county for a period of not more than twenty-five days, or by both such fine and imprisonment. CHAPTER XXXVII. In Relation to Peddling. Section 1. Xo person shall sell or peddle any goods, wares, merchandise or other property without a license therefor granted as provided in sec- tion 2 of this ordinance. Section 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 peddle goods, wares and merchandise or other property within the limits of the city, which licenses shall expire on the first day of May next after their issue; but no such li- cense shall be granted to any person unless he shall be at the time of his application therefor, a citizen of the United States, or has declared his in- tention of becoming such citizen and taken out his first or preliminary citi- zenship papers. The city clerk shall collect fees therefor as follows; For each license to any person to peddle merchandise when using or employing a horse and wagon therefor, the sum of fifteen dol- lars per year, but no license shall be issued for such purpose for any period less than one year. For each license to any person to peddle merchandise where a horse and wagon is not used, the sum of ten dollars per year, but no license for such purpose shall be issued for a shorter period than six months. The fee for a transfer of a license shall be the sum of two dollars. Every person licensed to peddle by means of a horse and wagon under the provi- sions of this ordinance shall be en- titled to keep and use one cart, wagon or vehicle, provided such person be- fore 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 num- ber of his or her place of business and the number of the license, in plain let- ters and figures, put on with paint. Said letters and figures not to be less than two and a half inches in length. If any licensee shall desire to keep more than one such conveyance, the city clerk is empowered, on the ap- plication of such licensee, to issue a duplicate of the original license for each 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 li- censee shall thereupon be entitled to keep one such conveyance for each duplicate, and such duplicate shall re- main in force until the expiration of the original license. If the licensee be the proprietor of a store in the City of Mount Vernon, such license shall entitle the licensee or one regular employee of such li- censee to peddle from a wagon under such license. No more than the li- censee or, in his absence, his em- ployee, and one assistant will be al- lowed to peddle at a wagon under each license issued. Every person engaged in peddling within the City of Mount Vernon shall, at all times carry with him or her, when so engaged, the license or the duplicate thereof by which said ped- 44 dling is authorized, and shall exhibit the same upon demand of any member of the police department or police force of this city. All licenses under this ordinance 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. Section 2-A. No vendor or peddler of confectionery, ice cream and the like shall be allowed to sell his or her wares within two hundred and fifty (250) feet of any school between the hours of 8 o’clock a. m. and 4 o’clock p. m. on school days. Section 3. Any person violating, re- fusing or neglecting to comply with any provisions of this ordinance shall be punished by a fine of not less than five dollars nor more than twenty-five dollars, or by imprison- ment in the county jail of Westches- ter county for a period of not more than twenty-five days, or by both such fine and imprisonment. Upon convic- tion of a licensee or of an employee of a licensee for any violation of any of the provisions of this ordinance, in addition to the penalty above pro- vided, the Mayor of the city may re- voke such license. CHAPTER XXXVIII. In Relation to Junk Shops. Section 1. 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 shall procure a recommendation in writing of the chief of police or the city judge of the City of Mount Vernon, to keep what are commonly called junk shops for the sale and purchase of second hand articles, junk, rags, old rope, old iron, brass, copper, tin, lead, slush, and empty bottles and to collect said arti- cles; but no such license shall be granted to any person unless he shall be, at the time of his application there- for a citizen of the United States. Every person receiving such license shall pay therefor the sum of five ($5.00) dollars for each wagon em- ployed and also give a bond to the City of Mount Vernon in the penal sum of one thousand ($1,000) dollars conditioned for the due observance of all ordinances of the Common Council respecting the keeping of junk shops at any time during the continuance of such license. Section 2. Every keeper of a junk shop shall provide and keep a book, in which shall be plainly written at the time of every purchase, a description of the articles so 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, aider- men, chief of police, city judge, or any police officer of said city or any per- son authorized in writing by either of them. Every keeper of a junk shop shall also on purchasing any pig or pigs of metal, copper wire or brass car journals, cause to be subscribed by the person from whom purchased a statement as to when, where and from whom he obtained such prop- erty, also his age, residence by city, village or town, and the street or num- ber thereof, if any, and otherwise such description as will reasonably locate the same, his occupation and name of his employer and place of employment or business, which statement the junk dealer shall forthwith file in the of- fice of the chief of police of the City of Mount Vernon. Section 3. Every license granted to a keeper of a junk shop shall desig- nate the place in which the person receiving the same is authorized to carry on such business and no person shall carry on such junk business at any other place than the one desig- nated in such license. Section 4. Every license to keep a junk shop as aforesaid shall continue in force until the 30th day of June next, following the granting thereof, unless sooner revoked by the mayor 45 or Common Council of said city, and no longer. Section 5. No junk dealer, his agent, servant or employee shall pur- chase any junk, rags, old rope, old iron, brass, copper, tin, lead, slush and empty bottles or second hand ar- ticles from any minor, knowing or having reason to believe him or her to be such. , Section 6. No keeper of a junk shop, his agent, servant, or employee shall purchase any goods or articles of the kind enumerated in section 1, from any person or persons between the hour of sunset and the hour of seven o’clock in the morning. Section 7. Every junk dealer shall on purchasing any of the property described in this ordinance place and keep each separate purchase in a sep- arate and distinct pile, bundle or package, in the usual place of busi- ness of such junk dealer, without re- moving, melting, cutting or destroying any article thereof, for a period of five days immediately succeeding such purchase, on which package, bundle or pile shall be placed and kept by such dealer a tag bearing the name and residence of the seller, with the date, hour and place of purchase, and the weight thereof. Section 8. Every licensed keeper of a junk shop shall have his name, place of business, and the number corres- ponding to the number of his license plainly and conspicuously painted on every vehicle used in his business in letters and figures of not less than two inches. Section 9. Every licensed keeper of a junk shop, and every person em- ployed 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 or other articles within the City of Mount Vernon shall procure and dis- play conspicuously on his person at all times while engaged in the busi- ness of collecting the above named articles or any of them, a badge bear- ing the word “Junk” and the number corresponding to the license of such person in plain letters and figures at least one-half inch in length, and in such other manner as the mayor may from time to time determine. Section 10. Every keeper of a junk shop, his agent, servant or employee, shall, on demand by the mayor, aider- men, city judge, chief of police or any police officer or other person author- ized in writing by either of the above named officers or magistrates to make such demand, exhibit to the same any article or thing in his possession. Section 11. No person shall be li- censed to deal in junk, or to collect the same in the City of Mount Vernon, who has no place of business for deal- ing in said city. Section 12. 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 within the City of Mount Vernon without first procuring from the mayor thereof a license therefor. Section 13. Any person violating any of the provisions of this ordi- nance, shall be deemed guilty of a misdemeanor and upon conviction thereof by the city judge of the said City of Mount Vernon shall be pun- ishable by a fine of not less than twenty-five ($25) dollars nor more than fifty ($50) dollars for each of- fense, or by imprisonment in the county jail of Westchester county for not more than fifty days, or by both such fine and imprisonment, and the person convicted shall, in addition to other penalties imposed, forfeit his li- cense to do business. CHAPTER XXXIX. To Prevent the Production of Un- wholesome, Offensive or Deleterious Gas and Smoke. Section 1. No person shall cause, suffer or allow dense smoke to be dis- 46 charged from any building, stationary or locomotive engine or motor vehicle, place or premises within the City of Mount Vernon. All persons participat- ing in any violation of this provision, either as proprietors, owners, tenants, managers, superintendents, engineers, firemen, motor vehicle operators or otherwise, shall be severally liable therefor. Section 2. Xo corporation or per- son shall erect or establish within said corporate limits any manufactory or place of business for boiling any varnish or oil, or for the distilling of any ardent or alcoholic spirits, or for making any lampblack, turpentine, or tar, or for the treating and refining of ores, metals or alloys of metals, with acids or heat, or for conducting any other business that will or may generate any offensive or deleterious gas, vapor, deposit or exhalation with- out a permit from the board of health. Section 3. Any person violating any provision or regailation of this ordi- nance shall be deemed guilty of a mis- demeanor and upon conviction there- of by any magistrate, may be fined for such offense any sum not less than five ($5) dollars and not exceeding fifty ($50) dollars, or may be impris- oned in the county jail of Westches- ter county not less than five nor more than fifty days, or may be both so fined and imprisoned. CHAPTER XL. In Relation to the Ingredients of Il- luminating Gas. Section 1. All illuminating gas fur- nished to the residents of Mount Ver- non shall be of 18 candle power, and shall not contain any sulphuretted hydrogen, nor more than 22 grains of sulphur from sulphur compound, other than sulphuretted hydrogen per 100 cubic feet, nor more than four grains of ammonia per 100 cubic feet. Section 2. Any person, persons, or corporation violaiing Section 1 of this ordinance, shall be guilty of a mis- demeanor and punishable by a fine of not less than twenty-five dollars nor more than fifty dollars, or by impris- onment in the county jail of West- chester county not less than twenty- five days nor more than fifty days, or by both such fine and imprisonment. CHAPTER XLI. To Prevent the Oppressive Collection or Arbitrary Charges from Water from Citizens of Mount Vernon. Whereas, By resolution heretofore adopted by the Common Council and approved by the mayor, which has since been judicially decided to have been unauthorized, supposed author- ity has been granted to public service corporations in turn, which enjoy a monopoly, to supply water to indi- vidual consumers in the city at an ex- cessive price, and advantage has been taken of the same to coerce the mak- ing of applications for such water sup- ply upon excessive rates and con- ditions, upon the threat to refuse all supply except upon such terms, and said resolution has been, as to such matters, rescinded and repealed; and Whereas, the franchise to use the public streets and various public con- veniences has been granted to such corporations, whereby they have claimed and still exercise the right and privilege to use said streets and conveniences for the enforcement of the rights, which the resolution first mentioned purports to confer, where- by the citizens of Mount Vernon have been and may continue to be oppres- sed and whereas it is expedient that such use of public streets and con- veniences shall not continue ; now therefore it is hereby ordained and Resolved, That no water company doing business in the City of Mount Vernon shall by virtue of any fran- chise heretofore granted by the City of Mount Vernon or any rules by such company adopted in pursuance there- of, without a warrant or other due process of law, enter upon the prem- ises of any consumer for the purpose of turning off the water supply or re- 47 moving a meter, or use the streets or sidewalks or any device, cock or box in the street or sidewalk to compel the payment of any bill or claim based upon a charge in excess of fifteen cents per 100 cubic feet of water actually supplied or used or for the enforcement of any bill of charges claimed or rendered pursuant to any application or alleged agreement ob- tained, coerced or extorted under any claim of right or power derived there- from or resting upon any agreement not purely voluntary on the part of the consumer or individual affected thereby, and be it further Resolved, That for each and every violation of this ordinance, the per- son or corporation guilty thereof, or both, shall upon conviction thereof be fined the sum of fifty ($50) dollars exclusive of costs and expenses of the prosecution. CHAPTER XLI-a. Section 1. No leader pipe attached to or forming a part of any building heretofore or hereafter erected within the corporate limits of the City of Mount Vernon, shall be so constructed as to discharge any part of the water flowing through said pipe upon or over any sidewalk, flagwalk or board- walk within the said city. Section 2. Any violation of the pro- visions of this ordinance shall be pun- ishable by a fine of ten dollars, or by imprisonment in the county jail of Westchester county in default of the payment of any fine imposed hereun- der at the rate of one day’s imprison- ment for each debar of the fine. Section 3. If any person convicted under the provisions of this ordinance shall, nevertheless, continue to main- tain any leader pipe in violation of the provisions of this ordinance, each day’s continuance of such violation shall be deemed a separate offence against the provisions of such ordin- ance, and such person shall be liable to prosecution hereunder accordingly. CHAPTER XLI-b. Section 1. No person shall at any time drive any coach, carriage, hack, cab, wagon or vehicle of any descrip- tion to which a horse or horses are at- tached, nor any other kind or descrip- tion of a vehicle, whether operated by steam, electricity or gasoline, upon or over any sidewalk or flagwalk within the corporate limits of the City of Mount Vernon, except after comply- ing with the provisions of Chapter XIV. of these ordinances. It is not intended by the provisions of this or- dinance to prohibit driving upon or over any sidewalk or flagwalk which forms a part of any properly con- structed driveway leading from any public street to any barn or garage erected upon any property abutting upon such public street or highway. Section 2. Any violation of the pro- visions of this ordinance shall be pun- ishable by a fine of five dollars, or by imprisonment in the county jail of Westchester county in default of the payment of any fine imposed hereun- der at the rate of one day’s imprison- ment for each dollar of the fine. CHAPTER XLI-c. Relating to Operating of Street Cars. (Added March 1, 1910; Rescinded March 15, 1910.) CHAPTER XLl-d. Rules for Driving and the Regulation of Street Traffic in the City of Mount Vernon. ARTICLE I. Importance of Keeping to the Right, Passing, Turning, Crossing and Stopping. Section 1.- A vehicle, except when passing a vehicle ahead, shall keep as near the right hand curb as possible. Section 2. A vehicle meeting an- other shall pass to the right. 48 Section 3. A vehicle overtaking an- other shall pass on the left side of the overtaken vehicle and not pull over to the right until entirely clear of it. Section 4. On an avenue or street, divided longitudinally by a parkway, walk, sunkenway or viaduct, vehicles shall keep to the right of such di- visions. Section 5. A vehicle turning into an- other street to the right shall turn the corner as near the right hand curb as practical. Thus; Section 6. A vehicle turning into an- other street to the left shall turn around the center of intersection of the two streets. Thus: ) I X S J Section 7. A vehicle crossing from one side of the street to the other shall do so (as per illustration). Thus: Not this way. Nor this way. Section 8. No vehicle shall stop with its left side to the curb, except on established cab, hack and truck stands, and in streets where and when one-way traffic is directed by white arrow signs. Section 9. 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 ve- hicle shall stand so backed up if it in- terferes with or interrupts the pas- sage of other vehicles or street cars. Section 10. No vehicle, unless in an emergency or to allow another ve- hicle or pedestrian to cross its path, shall stop in any public street or high- way, except near the right-hand curb thereof and so as not to obstruct a crossing. Section 11. No vehicle shall back to make a turn in any street, if by so doing it interferes with other vehicles, but shall go around the block or to a street sufficiently wide to turn in with- out backing. Section 12. Sections 8, 9, 10 and 11 of this article shall not apply to the city contractor in the collection of garbage and ashes. Section 13. No vehicle, other than street cars, shall stand on Prospect avenue between the easterly line of North Second avenue and a point eighty-five feet easterly thereof. ARTICLE II. Signals. Section 1. In slowing up or stop- ping, a signal shall be given to those behind by raising the whip or hand, vertically. Section 2. In turning, while in mo- Not this way. 49 tion, or in starting to turn from a standstill, a signal shall be given by raising the whip or hand, indicating with it the direction in which the turn is to be made. Section 3. Before backing, ample warning shall he given, and while backing unceasing vigilance must be exercised not to injure those behind. Section 4. Vehicles and street cars must stop so as not to interfere with the passage of pedestrians at the crossings. Three or more blasts of a police whistle is a signal of alarm and indicates the approach of a fire engine or some other danger. Section 5. No vehicle shall be used on any street or highway unless pro- vided with lights and sound signals as prescribed by law. ARTICLE Ml. Right of Way. Section 1. Police, Fire Department, Fire Patrol, Traffic Emergency Repair, U. S. Mail vehicles, and ambulances shall have the right of way in any street or avenue. Section 2. Subject to Section 1 of this Article, everything being equal, all vehicles and street cars going in an easterly or westerly direction shall have the right of way over all vehi- cles and street cars going in a north- erly or southerly direction. Section 3. Subject to Section 1 of this Article, street cars shall have the right of way over all other vehicles and the driver of any vehicle, pro- ceeding upon the track in front of a street car, shall immediately turn out upon signal by the motorman, driver or conductor of the car. Section 4. No vehicle or street car shall so occupy any street as to in- terfere with or interrupt the passage of other street cars or vehicles. Section 5. No vehicle shall stand headed, or be driven, on any street marked by a white arrow sign, ex- cept in the direction indicated by the arrow; but it may stop at either curb. Section 6. A vehicle waiting at the curb shall promptly give place to a vehicle about to take on or let off pas- sengers. Section 7. The driver of a vehicle,, on the approach of a fire engine or any other fire apparatus, shall imme- diately draw up said vehicle as near as practicable to the right-hand curb and parallel thereto and bring it to a standstill. Section 8. The driver of a street car shall immediately stop said car and keep it stationary upon the approach of a fire apparatus or other vehicle having the right of way. Section 9. Street cars shall be brought to a full stop and all other vehicles shall use extreme caution when approaching a crossing or place designated by the sign, “Traffic Point.” The Common Council shall from time to time designate such crossing or places at which said signs shall be placed. Section 10. Street cars shall not be stopped on any railroad bridge, or in South Fourth avenue at or near First street, but shall continue through in- to First street. Section 11. No vehicle shall stand parallel to the curb so as to interfere with or interrupt the passage of other vehicles at any point used as a start- ing point for street cars, except when such vehicle is actually loading or un- loading. ARTICLE IV. Speed. Section 1. No vehicle shall proceed at any time at a greater speed than the law allows and is safe and proper- under the conditions then obtaining. Section 2. Extreme caution must be exercised by drivers of vehicles and street cars when approaching and passing school-houses or fire houses, and also when crossing streets or ave- nues on which school-houses or fire houses are located. Section 3, No vehicle shall cross any street or avenue or make any turn at a speed rate exceeding one- half its legal speed limit. 50 ARTICLE V. Overtaking Street Cars. Section 1. In overtaking or meet- ing a street car which has been stopped for the purpose of receiving or discharging a passenger or pas- sengers, no vehicle, including a motor vehicle, shall pass or approach within eight (8) feet of said car so long as same is so stopped and remains stand- ing for the purpose aforesaid. ARTICLE VI. Control of Horses. Section 1. No horse shall be left unattended in any street or highway 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 suffi- ■ cient weight to prevent its being dragged at a dangerous speed with wheels so secured. Section 2. No horse shall be un- bitted in any street or highway unless secured by a halter. Section 3. No one shall remove a wheel, pole, shaft, whiffletrees, splin- ter-bar or any other part of a vehicle or any part of harness, likely to cause accident if the horse or horses start, without first unhitching the horse or horses attached to said vehicle. Section 4. No one shall cease to hold the reins in his hands while riding, driving or conducting a horse. ARTICLE VII. Vehicles. Section 1. No one shall drive a ve- hicle that is so covered in or con- structed as to prevent the driver thereof from having a sufficient view of the traffic following and at the sides of such vehicle. Section 2. No one shall drive or conduct any vehicle in such condition, so constructed or so loaded as to be likely to cause delay in the traffic or accident or injury to man, beast or property or to overload such vehicle so as to allow the contents to fall on the streets or highways. Section 3. No one shall so load a ve- hicle, or drive a vehicle so loaded, with iron or other material that may strike together without its being prop- erly “deafened,” so as to cause no un- necessary noise. Section 4. No one shall drive a pub- lic, numbered, licensed or business ve- hicle who is less than sixteen years of age. Section 5. No one shall ride upon the rear end of any vehicle without the consent of the driver, and when so riding no part of the person’s body shall protrude beyond the limits of the vehicle. Section 6. No cut-out or cut outs shall be used on the muffier or muf- flers of any motor cycle, motor bicycle or motor vehicle except by officers and members of the Police and Fire Departments when in performance of their respective official duty. ARTICLE VIII. Condition and Treatment of Horses. Section 1. No one shall ride or drive a horse not in every respect fit for use and capable for the work upon which it is employed and free from lameness or sores, calculated to cause pain, or any vice or diseases likely to cause accident or injury to person or property. Section 2. No one shall ill-treat, overload, overdrive, override or cruel- ly or unnecessarily beat any horse. Section 3. No one shall crack or so use a whip as to annoy, interfere with or endanger any person or excite any horse other than that w’hich he is using. ARTICLE IX. The Respective Rights and Duties of Drivers and Pedestrians. The roadbed of highways and streets 51 are primarily intended for vehicles, but pedestrians have the right to cross them in safety, and drivers of vehicles and street cars must exercise all pos- sible care not to injure pedestrians. 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 vehicles or street cars. By crossing a street as nearly as possible at right angles, preferably at a regular crossing, and when a police- man is stationed there, by waiting for his signal, pedestrians will greatly add to their own safety, facilitate the movement of traffic, and make it much less difficult for horses, which often have to be reined suddenly and painfully to avoid careless, unthink- ing pedestrians. Nothing in the fore- going should excuse drivers from con- stant vigilance to avoid injury to pedestrians under all conditions. ARTICLE X. Definitions. Section 1. The word vehicle includes equestrians, led horses and everything on wheels or runners, except street cars. Section 2. The word horse includes all domestic animals. Section 3. The word driver includes the rider and driver of a horse or horses, the rider of wheels and the operator of motor vehicle or a street car. ARTICLE XI. Obedience. Section 1. Drivers of vehicles and street cars must at all times comply with any directions by voice or hand or police whistle of any member of the police force, as to stopping, start- ing, approaching or departing from any place; the manner of taking up or setting down passengers or loading or unloading goods in any place. Section 2. Ignorance of these rules shall furnish no excuse for disregard- ing them. ARTICLE XII. Penalties for Violation. Section 1. Any person violating any provisions or regulation hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof may be sentenced to pay a fine for such of- fence of any sum not less than one dollar and not exceeding ten dollars, and in default of payment of such fine may be committed to prison until the fine be paid, but such imprison- ment shall not exceed ten days. ARTICLE XIII. Section 1. All ordinances hereto- fore adopted by the Common Council of the City of Mount Vernon, incon- sistent with the provisions of this or- dinance, are hereby repealed. ARTICLE Xlll-a. Section 1. The provisions of this or- dinance shall not apply between the hours of 10 P. M. and 6 A. M. ARTICLE XIV. Section 1. This ordinance shall take effect March 4, 1911. CHAPTER XLI-e. Ordinance Relating to Carrying Pis- tols, Etc. (Abrogated by Chapter 608, Laws of 1913.) CHAPTER XLI-e. In Relation to the Regulation of Bil- liard Rooms. Section 1. No person, association, copartnership or corporation shall keep, open, maintain or operate within the City of Mount Vernon any public billiard or pool room without a license therefor granted as provided in this ordinance. 52 Section 2. The mayor is hereby au- thorized 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 keep, open, maintain and operate public billiard and pool rooms, which licenses shall expire on the first day of May next after their issue. The City Clerk shall collect an an- nual license fee of $10 for each license issued, but no license shall be issued for a less period of time than to the first day of May next after the date of issue. A license may be transferred from one place to another or from the licensee to another in the discretion of the mayor, to be evidenced by his endorsement upon the original license. The fee for such a transfer shall be $2.00, to be paid to the City Clerk. Every such licensed place and each and every part thereof, shall at all times be open to police inspection. Section 3. Any pool or billiard ta- ble in a place open to the public shall be deemed to be included within the terms of this ordinance, and every keeper of a public place where there are pool and billiard tables shall main- tain good order and allow no person under 16 years of age to play therein. Section 4. Any person violating, re- fusing or neglecting to comply with Section 1 of this ordinance shall up- on conviction thereof punished by a fine of twenty-five ( $25.00) dollars or by imprisonment in the county jail of Westchester County for a period of not more than twenty-five days or by both such fine and imprisonment. In addition to such other pains and penalties as may be prescribed by the General Law for violations of sections 2 and 3 of this ordinance, the mayor may, in his discretion, revoke the li- cense of the offender after giving the licensee an opportunity to be heard. The Mayor may also in his discre- tion revoke the license of any licensee under this ordinance after givng the holder thereof an opportunity to be heard, if any gambling with cards. dice or other device is carried on in such licensed premises, or if the pro- visions of the Sunday Law are vio- lated in said premises, whether such conduct is or is not known to the keeper of such licensed place. The habitual resort to such a place by persons for the purpose of making a hand book or betting on the races, or betting on any other event on which wagers are customarily made, or the selling of chances, lottery tick- ets or the like, or the habitual use of any telephone maintained in such premises for the receipt of racing in- formation or information respecting the drawing of lotteries or the result of sporting events may also, in the dis- cretion of the mayor, be sufficient grounds for the revocation of such li- cense. No rebate for any cause will be given for any unexpired portion of any license granted under the provis- ions of this ordinance. Section 5. This ordinance shall take effect on and after the due pub- lication thereof. CHAPTER XLI-f. Section 1. It shall not be lawful for any person or corporation to run or operate any trolley car on any street or highway in the City of Mount Ver- non, unless the person running or operating such car shall have previ- ously had fifteen days’ actual experi- ence in such running or operation un- der the supervision and instruction of a competent person. Section 2. The term competent per- son as used in this ordinance shall be construed as meaning any person who shall have regularly run and operated any such car on any street or highway in the City of Mount Vernon for a pe- riod of fifteen days. Section 3. It shall be the duty of any such person or corporation prior to such running or operation to file or cause to be filed in the office of the City Clerk of the City of Mount Ver- non a certificate to the effect that the provisions of this ordinance have been complied with. 53 Section 4. Any person violating the provisions of this ordinace shall be guilty of a misdemeanor, and each and every person and each and every cor- poration, the officers, agents and serv- ants of which shall violate any of the provisions of this ordinance shall be li- able to a penalty in the sum of twenty- five ($25.00) dollars for each and ev- ■ery time any such car shall be so run or operated in violation of this ordin- ance, which penalty or penalties shall be recovered in a civil suit or suits brought by the corporation counsel in the name and for the benefit of the City of Mount Vernon, and shall be paid to the city treasurer. Section 5. This ordinance shall not apply to any person or persons run- ning or operating any such car on any street or highway in the City of Mount Vernon at the time of the adoption of this ordinance. CHAPTER XLI-g. Relating to Licenses to Conduct Transient Retail Business. Section 1. No person, whether act- ing as principal or as agent for anoth- er, shall conduct a transient retail business in any store in the City of Mount Vernon for the sale of goods which shall be represented or adver- tised as a bankrupt stock or as as- signed stock or as goods damaged by fire, water, or otherwise, or by any such like representation or device, without first taking out a license therefor as hereinafter provided. Section 2. The mayor is hereby au- thorized 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 conduct such transient retail business for the sale of goods, wares and merchandise, representing the same as hereinbefore set forth, for which license the City Clerk shall col- lect a fee of fifty dollars. No such li- cense shall be issued for a less period than one month, and it shall be re- newed monthly during the continuance of such business, and the City Clerk shall collect a fee of fifty dollars for each renewal thereof. Section 3. Any person violating any of the provisions of this ordinance shall upon conviction be fined the sum of fifty dollars, and in default in the payment of such fine, or any part thereof, be confined in the county jail of Westchester county one day for each dollar of fine unpaid. Section 4. This ordinance shall take effect upon the due publication there- of. CHAPTER XLM. Miscellaneous Provisions. Section 1. The word “person” or “persons” wherever used in these or- dinances shall be construed to include a corporation or corporations; the word “street” to include all public streets, avenues, parks, squares, al- leys or lanes; and the word “city” to mean the city of Mount Vernon. Section 2. The penalty for viola- tion of any of these ordinances, when not otherwise specified, shall be a fine of not less than one dollar nor more than fifty dollars, or imprison- ment in the county jail of Westches- ter county for not less than one day nor more than fifty days, or both such fine and imprisonment. Section 3. All ordinances of the city of Mount Vernon heretofore adopted are hereby repealed, ex- cept a certain ordinance dated Feb- ruary 7, 1905, and entitled “An ordi- nance for the construction of build- ings, fire protection and vaults,” which is commonly known as “the building ordinance,” and all ordinan- ces adopted since February 7, 1905, amendatory of said “building ordi- nance,” and except also the Sanitary Code of the Board of Health of the city of Mount Vernon, N. Y., adopt- ed May 3, 1892, and the amendments thereof adopted since May 3, 1892; but said repeal shall not interfere with or affect the prosecution of any 54 violation nor prevent the imposition of any penalty, fine or term of impris- onment which may have accrued at the time of the taking effect of these ordinances. Section 4. These ordinances shall be published twice in each of the of- ficial newspapers of the city of Mount Vernon, and shall take effect on the first day of July, 1907. \r URBANA adop