Howard C. Cady.

Ordinances of the city of Brooklyn online

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THE

ORDINANCES



OF THE

I



CITY OF BROOKLYN.



COLLATED AND INDEXED

BY HOWARD C. CADY,




AND PUBLISHED PURSUANT TO A RESOLUTION



THE MAYOR AM) COMMON COUNCIL



BROOKLYN:

E. B. SPOONER, CITY PRINTER.

1850.



TO THE MAYOR AND COMMON COUNCIL.



WHIN the undersigned was appointed by your honorable body,
to collate and index the City Ordinances, it was believed to be a
simple work, of adding to the old publications ordinances which had
not been incorporated therein and properly arranging, indexing, and
publishing all of them together. Examination proved otherwise;
first, it was necessary to read and examine all the ordinances on file,
to see what had been repealed and what might yet have vitality ;
next, but a small portion of the ordinances could be found on file,
so loosely had the original ordinances been taken care of in former
years ; then, by reason of this last fact, it became necessary to ex-*
amine the minutes of all the meetings of the Board since the com-
mencement of your municipality ; and, still further, to examine the
files of the corporation newspapers, to see what had been published.
But this was not all ; it was thought by many that some of the pub-
lished ordinances were of questionable legality, either by reason of
the loss of the original ordinances, or by reason of their not having
been published according to the requisites of the City Charter of '34.
To obviate these difficulties, as far as possible, if, indeed, they were
well founded, a delay was necessary until the passage of the Charter
just adopted at the late session of the Legislature, a provision having
been inserted in the draft thereof, having in view this object.

He respectfully submits, that the work is as correct as the mate-
rials and circumstances would permit. The index will be found very
full, and a great assistance to new members of the Board, as well
as others, while the headings to chapters, though an innovation upon
the old style, is an improvement, as it gives to the reader the gen-
eral points of all the ordinances on each subject, and by the number
attached, the particular section, at one general glance.

HOWARD C. CADY.

Brooklyn, Juth, 1850.



62879



CONTENTS OF CHAPTERS.



CHAPTER. PAGE.

I. Assessors' Compensation, - - 5

II. Attorney's Duties and Salary, - 6

III. Board of Education, - ' 8

IV. Buildings, how to be Erected, 10
V. Burials, and Removals of Dead, and Bills of

Mortality, 20

VI. Carriages and Stages, 23

VII. Carts, Sleighs and Cartmen, 33

VIII. Chimney Sweepers, - 41

IX. City Buildings, - 43

X. Coal, Sale of, - 44

XI. Comptroller, - 47

XII. Counsellor, <fec., 51

XIII. Cows, 54

XIV. Distilleries, 55
XV. Dogs, 56

XVI. Duties of Certain Officers, &c., - 57

XVII. Election Districts, 67

XVIII. Evil Practices, - 69

XIX. Fire Department, <kc., 75

XX. Firewood, - 92

XXI. Gunpowder, - 95

XXII. Guagers, - 97

XXIII. Hay and Straw, - 100

XXIV. Hospital, - 102
XXV. Inspector of Lamps, - 111



CONTENTS OF CHAPTERS.



XXVI. Inspector of Pavements,

XXVII. Long Island Rail Road,

XXVIII. Manufactories, -

XXIX. Markets, -

XXX. Public Cisterns, -

XXXI. Public Porters and Hand-Cartmen,

XXXII. School District for Colored Children,

XXXIII. Sewers, -

XXXIV. Sinks, Privies and Sesspools,
XXXV. Streets, &c., - - -

XXXVI. Surveyors,

XXXVII. Swine, Horses and Cattle, -

XXXVIII. Waste or Junk Shops,

XXXIX. Watch Department, -

XL. Weighmasters and Measurers,

XLI. Weights and Measures,

XLII. Wells,

XLIII. Wharves and Wharfages, -



113
115

118
121
136
138
141
142
144
146
170
173
177
178
184
187
191
193



ERRATA.

On page 12, at the end of sec. 1, note that the district is amended

by ordinance passed April 29, 1839 see page 14.
118, in heading [2], instead of 100, 1000.
" 121, the last word on the page, read Amended, instead of
Commended*



NEW CHAETEE

OF THE

CITY OF BROOKLYN



AN ACT

To Revise and Amend the several Acts relating to
the City 'of Brooklyn.

Passed April th, 1850. " Three-fifths being present.''
The People of the State of Neiv York, in Senate and Assem-
bly, do enact as follows :
TITLE I.

OF THE BOUNDARIES AND CIVIL DIVISIONS OF THE CITY OF
BROOKLYN.

SECTION 1. All of that part of the County of Kings at pre- Boundaries
sent known as the city of Brooklyn, and which is bounded east- ol
erly by the townships of Williamsburgh and Bushwick, south
by Flatbush and New Utrecht, west by the bay of New York,
and north by the East River, shall continue to be a city by
the name of Brooklyn, except so much of the present territo- Name of
ry of the said city as lies east of the centre line of what is " Brookl y n "
called Division avenue, between the intersection of South
Sixth street in the village of Williamsburgh, and Flushing av- p ^
enue in said city, which territory shall hereafter, upon the territory "of
passage of this act, belong to and be a part of the village of ^ e Jj^^J
Williamsburgh, and subject to all laws appertaining to said the village of
-"age. .'

2. The citizens of this state, from time to time, inhabi-
tants within the limits of said city, and the corporation now-
existing and known by the name of "The mayor and common
council of the city of Brooklyn," shall be, and continue to
be, a corporation by the name of "The city of Brooklyn," Corporate
and shall have and enjoy all the rights, privileges, immunities
and franchises heretofore conferred upon it by law.

3. The first ward of the said city shall comprise the fol- Boundaries
living district, viz : Beginning at a point on Atlantic street Ol
wnere the centre lines of Atlantic and Hicks street intersect
each other, and running thence westerly along the centre of
Atlantic street and a line in continuation thereof to the East



river ; thence northeasterly along the East river to a point
opposite to the centre of Fulton street, or a line in continua-
tion thereof ; thence southeasterly along the centre of Fulton
street to the centre of Hicks street ; and thence southerly
along the centre of Hicks street to the place of beginning.

SecondWard 4. The second ward of said city shall comprise the fol-
lowing district, viz : Beginning at a point on the East river
at the centre line of Fulton street continued, and running
thence southeasterly along the centre of Fulton street to a
point opposite the centre of Sands street; thence easterly
along the centre of Sands street to the centre of Bridge street ;
thence northerly along the centre of Bridge street and a line
in continuation thereof to the East river; and thence westerly
along the East river to the place of beginning.

Third Ward. 5. The third ward of said city shall comprise the fol-
lowing district, viz : Beginning at a point on Fulton street
where the centre lines of Fulton street and Hicks street in-
tersect each other, arid running thence southeasterly along the
centre of Fulton street and Fulton avenue to the centre of
Boerum street ; thence southerly along the centre of Boerum
street to the centre of Atlantic street ; thence westerly along
the centre of Atlantic street to the centre of Hicks street ; and
thence northerly along the centre of Hicks street to the place
of beginning.

FourthWard 6. The fourth ward of the said city shall comprise the
following district, viz : Beginning at a point where the cen-
tre lines of Sands street and Fulton street intersect each other,
and running thence easterly along the centre of Sands street
to the centre of Bridge street; thence southerly along the
centre of Bridge street to the centre of Fulton avenue ; and
thence northwesterly along the centre of Fulton avenue and
Fulton street to the place of beginning.

Fifth- jWard; 7. The*fifth ward of said city shall comprise the follow-
ing district, viz : Beginning at a point where the centre lines of
Bridge street and Johnson street intersect each other, and run-
ning thence easterly along the centre of Johnson street to the
centre of Navy street; thence northerly along the centre of Navy
street to the northerly side of Nassau street; thence eas-
terly along Nassau street to the southwesterly corner of the Uni-
ted States navy yard; thence northerly, northwesterly and
northeasterly along the United States navy yard to the East
. river; thence westerly along the East river to a point on the
continuation of the centre line of Bridge street; thence south-
erly along the centre of Bridge street to the place of begin-
ning.

Sixth Ward. 8. The sixth ward of said city shall comprise the follow-
ing district, viz : Beginning at a point in the East. river <MI
the centre line of Atlantic street, or a line in continuation
thereof, and running thence easterly along the centre of At-
lantic street to the centre of Court street; thence southerly



along the centre of Court street to Gowanus bay; thence
westwardly northerly and northeasterly along Go warms bay and
East river to Atlantic, street at the place of beginning.

9. The seventh ward of said city shall comprise the fol- Seventh
lowing district, viz : Beginning at a point formed by the inter- Ward -
section of the centre lines of Washington avenue and Atlantic
avenue, and running thence easterly along the centre of At-
lantic avenue to the centre of Bedford avenue ; and thence
northerly along the centre of Bedford avenue to the centre of
DeKalb avenue; thence easterly along the centre of DeKalb
avenue to the centre of Nostrand avenue; thence northerly
along the centre of Nostrand avenue to the centre of Flush-
ing avenue ; thence easterly along the centre of Flushing ave-
nue to the centre of Division avenue ; thence northwesterly
along the centre of Division avenue to the intersection of
South Sixth street, in the village of Williamsburgh ; thence
westerly along the line of the vill age of Williamsburgh to
the Wallabout bay ; thence southerly along the Wallabout
bay to the centre of Washington avenue ; and thence south-
erly along the centre of Washington avenue to the place of
beginning.

10. The eighth ward of said city shall comprise the fol- Eighth Ward
lowing district, viz : Beginning at a point where the centre
lines of Flatbush avenue and Fifth avenue intersect, and run-
ning thence southeasterly along the centre of Flatbush avenue
to the line of the town of Flatbush ; thence southwesterly
along said Flatbush line to the line of the town of New
Utrecht ; thence southwesterly along said line, crossing a high-
way called Martense's lane ; thence southwesterly along said
line to the southerly boundary of said city of Brooklyn;
thence northwesterly along the line of New-Utrecht to the
bay of New York ; thence northeasterly along the said bay
and along Gowanus bay to the centre line of First avenue ;
thence northeasterly along the centre of First avenue to the
centre of Fifth street; thence southeasterly along the centre
of Fifth street to the centre of Second avenue ; thence north-
easterly along the centre of the Second avenue to First street;
thence southeasterly along the centre of First street to the
Fifth avenue ; thence northerly along the centre of Fifth ave-
nue to the place of beginning.

11. The ninth ward of said city shall comprise the fol- Ninth Ward
lowing district, viz : Beginning at a point where the centre
lines of Atlantic street and Flatbush avenue intersect each
other, and running thence southeasterly along the centre of
the Flatbush avenue, to the line of the town of Flatbush ;
thence easterly along the said line, and crossing a highway
called the Clove road, and a highway called the New Lots
road, and also the road o'f the Brooklyn, Jamaica and Flat-
bush turnpike company, which leads to Jamaica, to the place
where the lines of the towns of Flatbush and Bushwick, and

2



the city of Brooklyn, meet together ; thence northwesterly to
the centre of a highway called Division avenue ; thence along
the centre of said Division avenue to the centre of Flushing
avenue ; thence westerly along the centre of Flushing avenue
to the centre of Nostrand avenue ; thence southerly along the
centre of Nostrand avenue to the centre of DeKalb avenue;
thence westerly along the centre of DeKalb avenue to the
centre of Bedford avenue ; thence southerly along the centre
of Bedford avenue to the centre of Atlantic avenue; thence
westerly and northwesterly along the centre of Atlantic street
and Atlantic avenue to the place of beginning.

Tenth Ward, 12. The tenth ward of said city shall comprise the fol-
par/oTVhe -lowing district, viz : Beginning at a point formed by the inter-
Sixth Ward) section of the centre lines of Boerum street and Fulton street,
and running thence easterly along the centre of Fulton street
and Fulton avenue, to the point formed by the intersection of
the centre lines of Fulton avenue and Flatbush avenue ;
thence southerly along the centre of Flatbush avenue to the
centre of the Fifth avenue ; thence southwesterly along the
centre of Fifth avenue to the centre of First street; thence
northwesterly along the centre of First street to the centre of
the Second avenue ; thence southerly along the centre of the
Second avenue to Fifth street ; thence north westerly along the
centre of Fifth street to the centre of First avenue ; thence
along the centre of First avenue to Gowanus bay ; thence
westerly along Gowanus bay to the centre of Court street;
thence northerly along the centre of Court street to the centre
of Atlantic street ; thence easterly along the centre of Atlan-
tic street to the centre of Boerum street ; thence northerly
along the centre of Boerum street to the place of beginning.
Eleventh 13. The eleventh ward of said city shall comprise
Serf 1 ' artof t ^ e following district, viz : Beginning at a point where the
the Seventh centre lines of Fulton avenue and Bridge street intersect
each other ; thence running northerly along the centre of
Bridge street to the centre of Johnson street ; thence easterly
along the centre of Johnson street to the centre of Navy
street; thence northerly along the centre of Navy street to
the northerly side of Nassau street ; thence easterly along
Nassau street to the southeasterly corner of the United States
navy yard ; thence northerly along the same to the East river ;
thence easterly along the East river and the Wallabout bay
to the centre of Washington avenue, or a line in continuation
- thereof; thence southerly along the centre of Washington
avenue to the centre of Atlantic avenue; thence westerly and
northwesterly along the centre of Atlantic avenue and Atlan-
tic street to a point where the central lines of Atlantic street
and Flatbush avenue intersect ea,ch other ; thence northwest-
erly along the centre of Flatbush avenue to the centre of Ful-
ton avenue, and from thence westerly along the centre of Ful-
ton avenue to the place of beginning.



SECTIOII 14. The said several wards of the said city, except Wards de-
as otherwise provided in this act, shall be considered, and are fownfl. to **
hereby declared to be, towns of the county of Kings.

TITLE II.

OP THE COMMON COUNCIL.

SBCTJON 1. The legislative power of said corporation shall be Legislative
vested in a mayor, and a board of aldermen, who together povfer -
shall form the common council.

2. The board of aldermen shall consist of two aldermen Board of Al-
to be elected from each ward. stttutS. 001

3. Every alderman shall, at the time of his election, be an Quaiifica-
elector of the ward in which he shall be chosen, and shall jj^ 3 of A1 ~
have been a resident of the city for at least three years imme-
diately previous thereto.

4. The board of aldermen first elected under and by vir- Aidennendi-
tue of this act, shall, at its first meeting, be divided into two
classes, one of which shall go out in each year. One alder-
man of each ward shall form one class, and the other alder-
naen shall form the other class. The mayor shall then deter- HOW deter-
mine by lot in open board the aldermen who shall compose K
the different classes, and the respective terms of office of each
of said classes, certify the same in writing, and file it with the
clerk of the board, who shall enter the same on the journal.

5. The first of said classes of the board of aldermen shall r j^ n ot ot f 0t l
hold office for one year, but after the expiration of the said ciaas.
year, the term of office of the aldermen elected for said class
shall be two years, and the said first class shall be, and act as T sit as
members of the city court in the trial and disposal of criminal cityourt. f
cases and proceedings ; the said aldermen and the mayor shall Ma or an(1
receive for their services, when sitting as members of said Aldermen to
court, three dollars per day, to be paid by the county treasu- rt
rer on the certificate of the clerk of said court. The second Term of of _
class shall hold office two years ; the said second class of al- flee of Se-
dermen shall be supervisors for the city of Brooklyn, and a
members of the board of supervisors of the county of Kings, Tobegu
and shall receive the same compensation as is now allowed, or >-isors.
may hereafter be allowed bylaw for such services. The term Pay and term
of office of such aldermen as supervisors shall commence on
the first Tuesday of April succeeding their election, and shall
continue for two years thereafter.

6. The members of the common council shall, unless re- 1^ of of ~
moved for cause, hold office until their places are supplied by
the election of new members, who shall have qualified in
the manner provided by this act. In case any alderman shall,
after his election or during his term of office, remove out of
the ward in which he shall have been elected, his office shall
be deemed vacant, and he shall no longer act as an alderman.
They may also resign their respective offices at anytime, May resign.



by filing written notice thereof with the clerk of the board of
which they are members, and publishing a copy of such no-
tice in the corporation newspapers ; and the common council
Special oiec- shall have power to direct a special election to supply any va-
tion to sup- canc y that may occur, but the person so elected shall hold

piy vacancy. <'* -i ^ p i T

onice only lor the residue 01 the term so vacated.

City cierk ^* The common council shall appoint a clerk, who shall

perform such duties as may be prescribed for him. The clerk

, so appointed shall also be the city clerk, and hold his office

Term of of- -. - , J -, , ,, ,

flee. . two years unless removed tor cause, and by consent of the

May appoint common council he may appoint an assistant clerk, for whose

' acts he shall be responsible.

Quorum. 8. A majority of the aldermen elected shall constitute a

quorum, but a smaller number may adjourn from day to day,
and compel the attendance of absent members.

President of 9. The common council shall annually elect a president
Councii mon f rom i ts own body, and in his absence a president for the time
being, choose officers, appoint its times and places of meeting,
Co^ e m S on determine the rules of its own proceedings, be the sole judge
Hackers' ^ t ^ ie qualifications of its members, keep a journal of its pro-
fee. ' ceedings, and may punish or expel a member for disorderly
Ma y expel conduct, or a violation of its rules, or declare his seat vacated
by reason of absence, provided such absence be continued for
the space of two months. But no expulsion shall take place
except by vote of two-thirds of all the members elected, nor un-
til the delinquent member shall have had an opportunity to be
heard in his defence.

o 10. Every ordinance, or resolution of the common coun-

and Resoiu- cil, shall, before it takes effect, be presented, duly certified, to
presented to t ^ ie rna y or > an ^ the approval of the minutes by the common
Mayor. council shall be conclusive evidence that the said ordinance or
Approval of resolution has been so presented to the mayor. If he approve
j^ e ^ m A nut ^ s of it, he shall sign it, if not he shall return it with his objec-
denceof pre- tions, and file it with the clerk within ten days after he re-
entation. ce ived it; the said board shall, at its first regular meeting
Objections of thereafter, enter the objections at large on its journal, after
the Mayor to which it shall proceed to reconsider the same, and if two-
thirds of all the members elected shall then agree to pass the
same, it shall take effect-as a law ; butin every such case the votes
shall be taken by ayes and noes and entered on the journal. And
if such ordinance or resolution shall not be returned by the may
01 , within ten days after he has received it, it shall become a law
When Ordi- in like manner as if he had signed it. But no such ordinance
Solutions 1 ^ O1 resolution shall take effect in any sense until the day follow-
take effect, ing the next regular meeting of the board, except by unani-
mous consent of the board ; in which case it shall take effect
upon its being approved by the mayor.

Annual state- 11. The common council shall, at least once a year, not
counfcAo be more tban thirty nor less than twenty days before the annual
published, election, publish in such of the newspapers printed in the city



as they shall designate, a full statement of all the receipts and
expenditures of every description, for the iiscal year prece-
ding such statement, including all the moneys which have pass-
ed through the hands of the comptroller or treasurer for any
purpose whatever, together with the different sources of city
revenue, the amount received under each,. the several appro-
priations made by the common council, the objects for which
the same were made, and the sums expended for each, also
any moneys borrowed upon the credit of the city, whether by
temporary loans or by the issue of bonds, the terms upon which
they^were obtained, the authority under which they were bor-
rowed, and the purposes to which they were applied, and how
much of the same or other city indebtedness has been repaid,
and by what means. The statement shall also include a de-
tailed account of the city property, existing debts of every
description, and the condition of the sinking fund, with all
such other information as may be necessary for a full under-
standing of the financial concerns of the city.

12. The common council shall hold stated meetings, stated Meet-
commencing on the first Monday of January; but the mayor, mgs -
or in his absence any three aldermen, may call special meet-
ings, by notice to each of the members of said council, served Meetings
personally or left at his usual place of abode. how called.

13. The common council shall have power within said Gcneraipow-
city to make, establish, publish, and modify, amend or repeal f' sof Cf( i

V J r f it - May pass Or-

ordmances, rules, regulations, and by-laws for the following di nances,

mivnna^a Rules and

pUl poses . Regulations.

1. To manage and regulate the finances and property, real Finances,
and personal, of the city.

2. To regulate the wharves, piers and slips owned by the Wharves
city, and direct the affairs thereof. .

3. To establish 'and regulate a day and night police and fire
departments of the city within the limits prescribed by law,
and to define and regulate the duties and powers of firemen
and policemen.

4. To license and regulate cartmen, porters, hack, cab, om- To
nibus, stage, and truck owners and drivers, and all carriages cadmen,&c.
and vehicles used for the transportation of passengers or mer-
chandise, goods, or articles of any kind* or to authorize the When Mayor
mayor to grant such licenses, and to require the owners to Sices. 1 " 1
mark the same in such manner as the common council shall
designate ; weights and measures, surveyors, common criers,
hawkers, pedlars, pawnbrokers, junk shop keepers, sweeps,

and scavengers, and to fix the rates of compensation to be
allowed to them, and to prohibit unlicensed persons from act-
ing in either of such capacities.

5. To prescribe the places of selling hay, straw, and other sale of Hay,
articles from wagons or other vehicles. &c *

6. To locate, regulate and remove slaughter houses, establish slaughter
and regulate public markets, license and regulate butchers, des- jtets, Butch-



8



ore, Selling ignate the places, times, and manner of selling meats, fish,
Meats, Pmu, f ru ' ts> an( j vegetables, and to prohibit persons from selling



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