Updated on 03/14/2020Sat 183438.06

docs/d01/c05/index.rst

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 Title 6: Contracts, Purchases and Franchises
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-Chapter 2: Franchises
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-*§ 6-201 Definition.* ::
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-The term "the streets of the city" as used in this chapter shall include streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulkheads, wharves, piers and public grounds or waters within or belonging to the city.
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-*§ 6-202 Stage and omnibus routes forbidden until franchise obtained.* ::
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-It shall be unlawful for any omnibus route or routes for public use, or any alteration or extension thereof, or any alteration or extension of any existing stage or omnibus route to be operated in or upon any street within the city until and unless a franchise or right therefor shall be obtained from the board of estimate in like manner as, and subject to the limitations and conditions relating to, franchises or rights provided and imposed by the charter and the code.
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-*§ 6-203 Long Island railroad.* ::
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-a. No freight or passenger car detached from an engine of the Long Island railroad company shall remain longer than ten minutes in any street. Bituminous coal shall not be used on any engine running upon such railroad. Whenever platforms are placed in the streets for accommodation of passengers, such company shall at its own expense keep the entire street between the platform and the curb in a cleanly and passable condition and this provision shall be construed to apply to each station and each platform wherever erected by such company within the city.
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-b. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this section, or who shall permit same to be violated, shall be liable to a penalty of one hundred dollars.
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-*§ 6-204 Grade crossings; gates and attendants.* ::
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-a. The Bronx.
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-   1. Every person operating or controlling any railroad in the borough of the Bronx, upon which cars are drawn by locomotive engines, other than those known as "dummies", shall erect and maintain suitable and substantial gates or doors on either side of such railroad, at every point in such borough at which its roads or tracks cross any public street, at the grade thereof. Such gates or doors shall be kept well painted and in good repair, and shall be attended at all times during the approach and passage of cars or trains by sober, careful and experienced persons, whose duty it shall be to keep the tracks clear of all horses, cattle and vehicles, to warn all the persons against crossing the tracks during the approach of any train, locomotive or car, and to close the gates or doors at least one minute before the passage of any locomotive, engine or car over such public street. No person operating or controlling any railroad in the borough of the Bronx, shall run or allow to be run any locomotive or locomotive tender without cars across any public street in such borough, unless the gates or doors at such crossing are closed or down.
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-   2. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this subdivision, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars.
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-b. Brooklyn.
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-   1. At each street crossing between Linwood street and Flatbush avenue, in the borough of Brooklyn, persons shall be constantly stationed, at all hours of the night and day when trains are in motion, and all crosswalks between such street crossings shall be properly guarded by strong, heavy gates at least twenty feet in width, at each street crossing, which shall be closed before the passage of any engine or train.
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-   2. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this subdivision, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars.
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-c. Disregard of closed gates.
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-   1. It shall be unlawful to attempt to cross the tracks of any railroad at any street crossing, while the gates for the protection of such crossings are closed or being closed.
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-   2. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this subdivision, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars. Violation of the provisions of this subdivision by a person, other than a railroad, or the manager or agent or employee thereof, shall be punishable by a fine of not exceeding ten dollars or by imprisonment not exceeding ten days, or by both.
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-*§ 6-205 Obstruction of streets; penalty.* ::
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-a. No train of cars, nor any part thereof, including the locomotive and tender, shall remain or be left across or upon any street or sidewalk, so as to obstruct or prevent free travel thereon for a longer period than five minutes, during any period or during any hour, unless the same shall be unavoidable.
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-b. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this section, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars.
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-*§ 6-206 Railroads from Long Island to East river to have unobstructed right-of-way.* ::
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-a. Any railroad running from any part of Long Island to the East river shall have unobstructed right to run to the East river with their locomotives and cars, but shall furnish suitable guards or signals at the street crossings, for the proper protection of the public.
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-b. Any person who shall violate any provision of this section, upon conviction thereof, shall be punished by a fine of not more than twentyfive dollars, or imprisonment for thirty days, or both.
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-*§ 6-207 Release of certain railroad obligations.* ::
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-The board of estimate shall be without power to compromise or release any liability or obligation to the city which may be compromised or released pursuant to section one hundred seventy-three, railroad law, but such liabilities and obligations shall be and remain inviolable.
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-*§ 6-208 Copies of franchise resolutions and contracts to be filed in certain offices and to be public records.* ::
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-Within five days after the final execution of any contract made pursuant to chapter fourteen of the charter, a copy of such contract, together with the resolution authorizing the same, duly attested by the secretary of the board of estimate, shall be transmitted to each of the following: the comptroller, the commissioner of finance, the corporation counsel, the city clerk, the commissioner of transportation and the public service commission, to be preserved by them in the archives of their departments or offices. All such certified copies shall be deemed to be public records.
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 Chapter 1: Contracts and Purchases
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@@ -2773,6 +2668,111 @@ e. Nothing in this section shall be construed to limit an agency's authority to
 
 
 
+Chapter 2: Franchises
+--------------------------------------------------
+
+
+
+*§ 6-201 Definition.* ::
+
+
+The term "the streets of the city" as used in this chapter shall include streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks, parkways, waterways, docks, bulkheads, wharves, piers and public grounds or waters within or belonging to the city.
+
+
+
+
+
+
+*§ 6-202 Stage and omnibus routes forbidden until franchise obtained.* ::
+
+
+It shall be unlawful for any omnibus route or routes for public use, or any alteration or extension thereof, or any alteration or extension of any existing stage or omnibus route to be operated in or upon any street within the city until and unless a franchise or right therefor shall be obtained from the board of estimate in like manner as, and subject to the limitations and conditions relating to, franchises or rights provided and imposed by the charter and the code.
+
+
+
+
+
+
+*§ 6-203 Long Island railroad.* ::
+
+
+a. No freight or passenger car detached from an engine of the Long Island railroad company shall remain longer than ten minutes in any street. Bituminous coal shall not be used on any engine running upon such railroad. Whenever platforms are placed in the streets for accommodation of passengers, such company shall at its own expense keep the entire street between the platform and the curb in a cleanly and passable condition and this provision shall be construed to apply to each station and each platform wherever erected by such company within the city.
+
+b. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this section, or who shall permit same to be violated, shall be liable to a penalty of one hundred dollars.
+
+
+
+
+
+
+*§ 6-204 Grade crossings; gates and attendants.* ::
+
+
+a. The Bronx.
+
+   1. Every person operating or controlling any railroad in the borough of the Bronx, upon which cars are drawn by locomotive engines, other than those known as "dummies", shall erect and maintain suitable and substantial gates or doors on either side of such railroad, at every point in such borough at which its roads or tracks cross any public street, at the grade thereof. Such gates or doors shall be kept well painted and in good repair, and shall be attended at all times during the approach and passage of cars or trains by sober, careful and experienced persons, whose duty it shall be to keep the tracks clear of all horses, cattle and vehicles, to warn all the persons against crossing the tracks during the approach of any train, locomotive or car, and to close the gates or doors at least one minute before the passage of any locomotive, engine or car over such public street. No person operating or controlling any railroad in the borough of the Bronx, shall run or allow to be run any locomotive or locomotive tender without cars across any public street in such borough, unless the gates or doors at such crossing are closed or down.
+
+   2. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this subdivision, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars.
+
+b. Brooklyn.
+
+   1. At each street crossing between Linwood street and Flatbush avenue, in the borough of Brooklyn, persons shall be constantly stationed, at all hours of the night and day when trains are in motion, and all crosswalks between such street crossings shall be properly guarded by strong, heavy gates at least twenty feet in width, at each street crossing, which shall be closed before the passage of any engine or train.
+
+   2. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this subdivision, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars.
+
+c. Disregard of closed gates.
+
+   1. It shall be unlawful to attempt to cross the tracks of any railroad at any street crossing, while the gates for the protection of such crossings are closed or being closed.
+
+   2. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this subdivision, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars. Violation of the provisions of this subdivision by a person, other than a railroad, or the manager or agent or employee thereof, shall be punishable by a fine of not exceeding ten dollars or by imprisonment not exceeding ten days, or by both.
+
+
+
+
+
+
+*§ 6-205 Obstruction of streets; penalty.* ::
+
+
+a. No train of cars, nor any part thereof, including the locomotive and tender, shall remain or be left across or upon any street or sidewalk, so as to obstruct or prevent free travel thereon for a longer period than five minutes, during any period or during any hour, unless the same shall be unavoidable.
+
+b. Any railroad, or the manager or agent or employee thereof, who shall violate any provision of this section, or who shall permit the same to be violated, shall be liable to a penalty of one hundred dollars.
+
+
+
+
+
+
+*§ 6-206 Railroads from Long Island to East river to have unobstructed right-of-way.* ::
+
+
+a. Any railroad running from any part of Long Island to the East river shall have unobstructed right to run to the East river with their locomotives and cars, but shall furnish suitable guards or signals at the street crossings, for the proper protection of the public.
+
+b. Any person who shall violate any provision of this section, upon conviction thereof, shall be punished by a fine of not more than twentyfive dollars, or imprisonment for thirty days, or both.
+
+
+
+
+
+
+*§ 6-207 Release of certain railroad obligations.* ::
+
+
+The board of estimate shall be without power to compromise or release any liability or obligation to the city which may be compromised or released pursuant to section one hundred seventy-three, railroad law, but such liabilities and obligations shall be and remain inviolable.
+
+
+
+
+
+
+*§ 6-208 Copies of franchise resolutions and contracts to be filed in certain offices and to be public records.* ::
+
+
+Within five days after the final execution of any contract made pursuant to chapter fourteen of the charter, a copy of such contract, together with the resolution authorizing the same, duly attested by the secretary of the board of estimate, shall be transmitted to each of the following: the comptroller, the commissioner of finance, the corporation counsel, the city clerk, the commissioner of transportation and the public service commission, to be preserved by them in the archives of their departments or offices. All such certified copies shall be deemed to be public records.
+
+
+
+
 Chapter 3: Environmental Purchasing
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