Cleaning or by the President of Queens or Richmond to the Comptroller or the city, and the Board of Estimate and Apportionment may authorize such additional expenditures as may be required for the said removal of such ice and snow, dirt, or other material, to be repaid to the fund from which the payments were made, or instead, in the Boroughs of Queens or Richmond to the special fund restoring and repaving in said boroughs, if the Presidents of these boroughs so elect, with proceeds from the issue and sale of revenue bonds which shall be sold by the Comptroller, as provided by law.

The Commissioner of Street Cleaning or Borough Presidents of Queens or Richmond shall, as soon as possible, after the work is done, certify to the Corporation Counsel the amount of the expense chargeable against each piece of property.

The Corporation Counsel is hereby directed and authorized to sue for and recover the amount of this expense, together with three (3) dollars penalty for each offense, and when so recovered the amount shall be turned over to the City Chamberlain to be deposited to the credit of the general fund of The City of New York for the redemption of taxation. (Ord. app. March 23, 1903, sec. 8.)

§ 415. It shall be the duty of the Commissioner of Street Cleaning and the Borough Presidents of Queens and Richmond, immediately after every snowfall or the formation of ice on the crosswalks or in the culverts or paved streets, avenues or public places, forthwith to cause the removal of said snow and ice from the said crosswalks and culverts, and to keep the crosswalks and culverts aforesaid clean and free from obstruction. (Id., sec. 9.)

§ 416. Every street railroad corporation shall remove all the snow and ice from its tracks and the spaces between, and shall not throw the same on either side thereof, and shall immediately carry away and dispose of the same under the direction of the Commissioner of Street Cleaning, or the Borough President of Queens or Richmond under a fine of $100 for every city block in length in which the said corporation shall fail to so remove and dispose of the same, as aforesaid; provided, however, that for the more speedy and effective removal of snow and ice from the paved streets, avenues and public places of the city, the Commissioner of Street Cleaning and the Borough Presidents of Queens and Richmond shall have power and authority in their respective boroughs to enter into agreements for the entire winter season, or part thereof, with any street surface railroad or other railroad having tracks in the city for the removal of snow and ice for the entire width of the street, avenue or public place, from house-line to house-line, at any part of the route of the said railroad, provided that nothing in said agreements shall be inconsistent with any law of the State

of New York or with any right of The City of New York. (Id., sec. 10.)

§ 417. It shall not be lawful for any surface railroad company or other company, or any corporation or person whatever, or the officers, agents or servants thereof, to cause or allow any snow plow, sweeping machine or other similar instrument to pass over the tracks or lines used by them within the limits of the city unless by the written permit of the Commissioner of Street Cleaning or the Borough President of Queens or Richmond; any violation of this section shall be punished by a fine not exceeding $100 for each such offense.

No such permit or renewal thereof shall be granted except upon the condition and agreement upon the part of the company applying for such permit or renewal that the party to whom the said permit has been granted shall and will, at his own expense, promptly remove and carry away the snow thrown up by such plow or machine, and that such snow plow, sweeping machine or other instrument shall be so constructed as not to throw any slush or snow upon the sidewalks or buildings, under a penalty of ten dollars for every house or sidewalk in front thereof upon which slush or snow shall be thrown.

No such permit or renewal shall be granted unless the party to whom granted shall expressly covenant, stipulate and agree that in case of its failure, neglect or omission to promptly remove and carry away the snow and ice thrown up by such snow plow or other instrument, then the same may be removed under the direction of the Commissioner of Street Cleaning or the Borough President of Queens or Richmond, and the expense of removing the same shall be paid by the said party to the said commissioner or the Borough President of Queens or Richmond, on demand, and the Board of Estimate and Apportionment may authorize that the amount or amounts of money so paid shall be credited to the appropriation for street cleaning, in the respective boroughs, for the removal of snow and ice; but nothing herein contained shall be deemed to prohibit said Commissioner or Borough Presidents from demanding, before issuing said permit, and as a condition thereof, the deposit of such sum of money or other security as in their judgment may be necessary to pay the cost of properly performing the work above mentioned, together with the expense of the inspection thereof.

In case of neglect or refusal or omission of the party to whom such permit may be granted promptly to remove and to carry away the snow and ice thrown up by such plow or other instrument, then the Commissioner of Street Cleaning or the Borough President of Queens or Richmond may forthwith cause the same to be removed at the public expense, and all expenditures made or incurred therefor shall be chargeable upon the party so neglecting, refusing or omit

ting to perform its agreement, and shall be recoverable by an action at law on behalf of The City of New York, and when so recovered shall be placed to the credit of the Department of Street Cleaning or the Bureau of Street Cleaning in the Boroughs of Queens or Richmond, as the case may be, to supply the deficiency occasioned by such additional expenditure. (Id., sec. 11.)

§ 418. Any person violating any provision or regulation hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof by any magistrate, either upon confession of the party or competent testimony, may be fined for such offense any sum not less than one dollar and not exceeding three dollars, except as herein otherwise provided; and in default of payment of such fine may be committed to prison by such magistrate until the same be paid, but such imprisonment shall not exceed one day. (Id., sec. 12.)

CHAPTER 10.- SALE, USE AND TRANSPORTATION OF EXPLOSIVES.

§ 419. Within thirty (30) days after the passage of this ordinance there shall be a Municipal Explosives Commission, which shall be constituted as follows: The said commission shall consist of five (5) members; the Fire Commissioner of The City of New York shall be ex officio chairman and a member of the said commission. The remaining four (4) members shall be appointed by the Mayor, and one of the said four (4) must be appointed from a list of ten to be submitted by the New York Section of the American Chemical Society. The said commission shall hold office during the pleasure of the Mayor. (Ord. app. May 19, 1902, sec. 1.)

See sec. 763, Greater New York Charter. Statutes concerning possession and transportation of gunpowder in a city are police regulations to prevent a nuisance. Foote vs. Fire Dept., 5 Hill, 99. See Cathcart vs. Fire Dept., 26 N. Y. 529.

§ 420. It shall be the duty of the said commission to formulate and adopt such regulations as in its judgment may be necessary to carry out the purpose of this ordinance, and from time to time to add to or in any way change or amend such regulations. The said regulations and the amendments thereto and any changes which shall be made therein shall be subject to approval by the Mayor, and, when so approved, shall be published by the Fire Commissioner in the City Record, and in such other manner as he shall deem necessary. (Id., sec. 2.)

§ 421. Said commission, hereby established, shall meet at the call of the Fire Commissioner for the consideration of all matters pertaining to this ordinance, and each member thereof shall receive a fee of ten dollars ($10) for attendance at each meeting. A majority of such commission shall constitute a quorum for the purpose of doing business. (Id., sec. 3.) § 422. No person, firm or corporation shall have, keep, sell, use, give away or transport any gunpowder, blasting powder,

gun cotton, dynamite, nitro-glycerine or any substance or compound or mixture or articles having properties of such a character that alone or in combination or contiguity with other substances or compounds it may decompose suddenly and generate sufficient heat or gas or pressure, or all of them, to produce rapid flaming combustion, or administer a destructive blow to surrounding persons or things, within the corporate limits of The City of New York, excepting in the manner and upon the conditions herein provided, and under license issued by the Fire Commissioner under such regulations as the Municipal Explosives Commission shall prescribe. The said Fire Commissioner shall have power to revoke the license or licenses in case, in his judgment, there is an infraction of the provisions of this ordinance or of the regulations of the Municipal Explosives Commission. (Id., sec. 4.)

Board has power to require as a license fee a sum reasonable in amount to defray expense of issuing and recording license. Mayor vs. Miller, 12 Daly, 496.

§ 423. No licensee shall employ any one in the use or care of explosives such as are used in blasting operations unless such person shall hold a certificate of fitness issued to him by the Fire Commissioner under the regulations established by the Municipal Explosives Commission. (Id., sec. 5.)

§ 424. No gunpowder, blasting powder, dynamite, gun cotton, nitro-glycerine or such other explosives as may be hereafter designated for prohibition under this ordinance by the Municipal Explosives Commission shall be manufactured in the said city. (Id., sec. 6.)

§ 425. No holder of a license hereunder can avail himself of any of the privileges of the same until he shall have filed a bond with the said commissioner in the penal sum of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), to be approved by the Comptroller, the amount of the said bond to be determined by the regulations as prescribed by the Municipal Explosives Commission, said bond to be conditioned for the payment of any loss, damage or injury resulting to persons or property from explosions, and for the strict observance of this ordinance and the regulations made hereunder. (Id., sec. 7.)

§ 426. The Municipal Explosives Commission may, by a unanimous vote of its members, subject to the approval of the Fire Commissioner, provide for an increase of the amount of the bond to be filed with the said commissioner, in accordance with section 425 of this ordinance, to an amount not exceeding twenty-five thousand dollars ($25,000), said bond to be approved by the Comptroller, in accordance with section 425 of this ordinance. (Id., sec. 8.) § 427. In case of the violation of the provisions of this ordinance or regulations on explosives, even though no damage to persons or property be sustained, twenty (20) per cent. of said bond for the first infraction and the whole

amount for the second offense shall be forfeited therefor and paid over to and for the use and benefit of the Relief Fund of the Fire Department of The City of New York. (Id., sec. 9.)

§ 428. The commander, owner or owners of any ship or vessel arriving in the harbor of New York, and having more than twenty-eight (28) pounds of gunpowder or other explosive named in this ordinance on board shall, immediately upon arrival and before such ship or vessel shall approach nearer than 300 yards of the pier line of said city, give written notice to the Fire Commissioner of the fact that such explosives are on said vessel. And all vessels having on board or loading explosives exceeding twenty-eight (28) pounds shall cause to be displayed at the masthead nearest the land while remaining within the city limits a red flag at least five feet square, and no ship or vessel shall lie at the pier after sunset having more than twenty-eight (28) pounds of explosives without a permit from the said commissioner, said permit to be issued for not exceeding forty-eight (48) hours. (Id., sec. 10.)

§ 429. Nothing in this ordinance shall be construed to apply to any ship or vessel of war in the service of the United States or any foreign government while lying at a distance of 300 yards or upwards from the pier line of said city, nor to any ship or vessel of war in the service of the United States while lying in any part of the navy yard in the Borough of Brooklyn. (Id., sec. 11.)

CHAPTER 11.

I. The Discharge of Firearms.

§ 430. No person shall fire or discharge any gun, pistol, fowling piece or other firearms in The City of New York under the penalty of ten dollars for each offense. The provisions of this section shall not apply to Jones' Wood Colosseun, Washington Park, Hamilton Park, Bender's Schutzen Park, Bellevue Garden, Harlem River Park, Lion Park, Christ's Park, Kuntz's Elm Park, National Park, Karl Park, Jerome Park, Fleetwood Park, Hudson River Park, Brien's Undercliff Park, High Bridge; the dock at the foot of One Hundred and Fifty-fifth street, North river; and the property lying between One Hundred and Sixty-eight street, the Hudson river, One Hundred and Seventy-second street and the Kingsbridge road, while said property is used for the purpose of a rifle range by the "Fort Washington Rifle Club," and no longer; grounds of Pilkington & Nagle, at Oak Point on the East river; grounds of the Metropolitan Baseball Park, corner of First avenue and One Hundred and Seventh street; Manhattan Park, situated in One Hundred and Fifty-fifth street, two hundred feet west of Eighth avenue; Cosmopolitan Park, located on One Hundred and