Duties of commission. Ibid. shall be the commissioner of the department of health of the city of Brooklyn, and all of whom shall reside in the city of Brooklyn, to examine into the present condition of Gowanus creek or Gowanus canal, in the city of Brooklyn, and to report thereon with such conclusions or recommendations for the improvement of such creek or canal as may seem to them warranted. § 2. The said commissioners are hereby empowered to make examination of said creek or canal and to take testimony concerning the same, and they are authorized to employ a stenographer and such Expenses expert or experts and such clerical help, as they may deem necessary, of com- at a total expense, exclusive of their fees, not to exceed the sum of five thousand dollars, to be paid as hereinafter provided. mission, limited. Compensation of commissioners. when to be filled. §3. Said commissioners shall be entitled to receive, as payment for their services on such commission, the sum of ten dollars a day while actually employed, to be paid to them as hereinafter provided. Report and § 4. The said commissioners shall report, with the evidence taken estimate, before them, their conclusion or determination regarding the improvement or betterment of said creek or canal, and they shall embody in said report an estimate of what sum of money shall be necessary to be expended towards such improvement or betterment, and they shall make and file their report with the mayor on or before the fifteenth day of September, one thousand eight hundred and eighty Expenses, nine. § 5. The expenses of said commission, together with their fees, how paid. shall, upon the certificate of said commissioners, when approved by the auditor of the said city, be paid out of the revenue fund of the said city of Brooklyn. City charter § 6. This act shall take effect immediately. CHAP. 371. AN ACT to amend chapter five hundred and eighty-three of the APPROVED by the Governor June 5, 1889. Passed, three-fifths being present. SECTION 1. Section twelve of title two of chapter five hundred and amended. eighty-three, of the laws of one thousand eight hundred and eightyeight, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," is hereby amended by adding at the end thereof an additional subdivision to read as follows, namely: Common council, 15. To cause sidewalks to be improved by the laying of flagstones Cowers of, thereon, or such other material as they may deem expedient for the as to side- purpose of making a good footpath, and to cause the expense thereof to be assessed upon the adjoining lots, and to be levied and collected in the same manner as other local improvements; also to repair the same or put sidewalks in a safe condition and to lay crosswalks and walks and crosswalks. walks, frayed. set and reset old curb and gutter stones. The expense for such re- Expense pairs and laying of crosswalks shall be a charge upon the ward in for crosswhich such improvements are made, and for the purpose of defraying how desuch expenses the board of estimate are hereby directed to include in each year in their annual estimate and report of the amount necessary to be raised for city purposes in said city such an amount for each ward as they may deem sufficient to meet such expenses. No petition for any of the improvements in this subdivision mentioned shall be necessary; but no assessment shall be laid which shall exceed one-half Limitaof the actual value of the lot to be assessed. § 2. Section nine of title thirteen of said act is hereby amended so as to read as follows: tion. firemen's and forfeiture primand, § 9. It shall be the duty of said commissioner to make suitable Regularegulations under which the officers and men of the department shall tions, as to be required to wear an appropriate uniform and badges, by which, in uniforms case of fire, and at other times, the authority and relations of such badges. officers and men may be known, and the commissioner shall have power, in his discretion, on conviction of a member of the department for any legal offense, or neglect of duty, or violation of rules, or neg- Punishlect or disobedience of orders, or incapacity, or absence without leave, ment by or any conduct injurious to the public peace or welfare, or for immoral of pay, reconduct, or any other breach of discipline, to punish the offending party by reprimand, forfeiting or withholding pay for a specified time, or dismissal from the department; but no more than ten days pay shall be forfeited and withheld for any offense; but no member em- Removals ployed on the force for extinguishing fires shall be removed without for cause. cause, and then only after a public trial by the said commissioner of the department of fire, and after having been found guilty of misconduct or neglect of duty, or having been adjudged incapable of performing his duties; and the evidence on such trial shall be taken in full, and kept as a public record. etc. (See also chap. 373 of 1889.) rock oil, age of. houses structed. § 3. Title thirteen of said act is hereby amended by adding thereto the following, namely: §18. No person shall have, keep upon sale, or store in any place or Crude pebuilding within the corporate limits of the city of Brooklyn, any crude troleum, petroleum, dualin, gasoline, earth or rock oil, or any of its products, etc., storexcept under the following provisions: Crude petroleum, earth or rock oil, or any of its products, may be stored in detached and properly ventilated warehouses, the outer walls of which shall be stone, brick Wareor iron, especially adapted for the purpose, by having raised sills, at for, least two feet high, or the ground floor of which shall be at least two how confeet below the level of the street or the adjoining yard, or so constructed as to actually prevent the overflow of such substances beyond the premises, where the same may be kept or stored, which said warehouse shall not be occupied in any part as a dwelling, and, if less than fifty feet from any adjacent building, the same must be separated by a brick or stone wall, at least ten feet in height, and sixteen inches thick, constructed in such a manner as the commissioner of the department of fire may prescribe; but the same may be stored in such other manner as the said commissioner may designate, under a special permit issued therefor. No refined petroleum, kerosene, earth or rock Fire test of oil, or any product thereof, to be used for illuminating purposes, shall etc. be kept upon sale or stored within the corporate limits of the city of Brooklyn, the fire test of which shall be less than one hundred and ten degrees Fahrenheit. Said test shall be determined by inspectors, Test, how authorized by said commissioner using G. Tagliabue's instruments or mined. kerosene, deter Restric such other instruments as may be designated by said commissioner. No refined petroleum, kerosene, dualin, gasoline, earth or rock oil, when tions as to stored above the cellar or basement of any building, and in barrels of not over forty-five gallons each, or in metallic vessels or tanks, shall exceed above cel- in the whole quantity the contents of fifty of said barrels ; provided, number barrels stored lar. Storage in cellars or basements. however, that the whole quantity of said refined oils that may be so kept or stored over night shall not exceed the contents of ten of said barrels, unless stored in the manner provided for storing crude pretroleum; and when stored in cellar or basements surrounded by walls of brick or stone, and at least two feet below the level or grade of the sidewalk, street or land adjacent, the whole quantity shall not exceed the contents of one hundred and fifty barrels, unless stored in warehouses specially adapted for that purpose, as required for the storage of crude petroleum under this section; provided, also, that no quantity of said oils greater than one barrel shall be stored or kept in any building occupied in any part thereof as a dwelling. No benzine, benzole, storage of gasoline, naphtha, camphene, burning fluid, or products or compounds benzine containing any of such substances, shall be kept or stored on or above camphene, the first story or floor of any building, exceeding in the whole quantity Restric tions as to etc. the contents of five barrels of forty gallons each, nor more in quantity than the contents of twenty of said barrels in the whole when stored below the first floor, unless kept in the manner provided for storing crude petroleum; nor shall more than one barrel in quantity of said last above-named article be kept in any building occupied in any part Not to re- thereof as a dwelling. In no case shall any of the articles named in main upon this section be allowed to remain on the sidewalk beyond the front sidewalks, docks, etc. line of any building or in or upon the streets, docks, piers, bulkheads, Regulations for carting, loading, etc. slips, highways or public places, a longer time than is actually necessary for the removal or loading of the same; and the said commissioner may establish and enforce general regulations and issue such orders and such especial directions relative to the handling, lightering, carting, loading, unloading and transportation of the several articles named under this section as in his discretion shall be deemed necessary for the public protection; and said commissioner may issue special permits authorizfor keeping the keeping of any of the articles enumerated under this section Special permits, ing fire proof tanks. License, for sale at retail, of ing oils. License fee. in buildings, tanks, or structures, fire proof throughout, in such quantities, in such manner, and subject to such regulations as shall tend to secure the same against danger. No person shall sell at retail any kerosene or other product of petroleum, dualin, gasoline, to be used illuminat for illuminating purposes, without first obtaining a license therefor from the said commissioner, under such rules and regulations as he may prescribe, which license shall be for the term of one year and shall not be transferable; and for every such license, and for every renewal of the same, the said commissioner shall demand and receive the sum of five dollars; said license shall be posted in a conspicuous place in the store of the person or persons to whom the same is issued, and may be revoked for cause by said commissioner. Any person who shall sell any of the compounds above mentioned in this section, without first obtaining a license therefor, shall forfeit and pay the sum of twenty-five dollars. In case any person is burned by the explosion of Liability, any compound, the sale of which is prohibited by any section of this for death act, or has not been inspected or licensed as herein provided, and from ex- death ensues therefrom, the person found guilty of selling the same plosion of shall be deemed guilty of a felony, and upon conviction shall be punted com- nished by a fine of not less than one thousand dollars, or by imprisonpound. ment in the State prison for a term not less than one year nor more License, how posted. Penalty for viola tions hereof. of persons, prohib for decep than five years. And any dealer who shall present and deliver for in- Penalty spection a sample of oil different from, and which does not represent tion in exthe quality of oil actually kept by him or her for sale, and not taken hibiting from the actual stock being offered for sale, and of the same quality oil. therewith, shall forfeit and pay the additional sum of fifty dollars. sample of collected § 19. The commissioner of the department of fire of the city of License Brooklyn is hereby authorized and empowered to receive and collect fees, how all license fees herein provided for, and pay the same into the treasury and used. of said city for the use and benefit of the firemen's insurance fund. The attorney and counsel of said city shall, in the name of and for the use and benefit of the firemen's insurance fund, sue for and collect all Suits for - penalties and costs imposed under the provisions of this title in the penaltys, manner provided for in actions under the Code of Civil Procedure. etc. 4. Section fifty-five of title fourteen of said act is hereby repealed. Repeal. 5. Section fifty-eight of title fourteen of said act is hereby repealed. Repeal. 6. This act shall take effect immediately. CHAP. 372. AN ACT to reserve certain parts of Prospect Park, in the city of Brooklyn, from sale, and to authorize leases thereof for art and science museums and libraries. APPROVED by the Governor June 5, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: authority lands. SECTION 1. So much of chapter three hundred and seventy-three of Repeal of the laws of one thousand eight hundred and seventy, of chapter seven to sell part hundred and ninety-five of the laws of one thousand eight hundred of Park and seventy-three, and of chapter five hundred and eighty-three of the laws of one thousand eight hundred and eighty-eight, as authorizes or requires the park commissioners of the city of Brooklyn to sell any part of the lands in Prospect park bounded northerly by land reserved for the Prospect Hill reservoir and the eastern parkway, easterly by Washington avenue, southerly by the town of Flatbush, and westerly by Flatbush avenue, is hereby repealed. and libra § 2. The mayor and park commissioners of the city of Brooklyn are Museums hereby authorized to designate and set apart such parts of the land ries, setmentioned in the first section of this act as are not required for the ting apart park lands maintenance and enlargement of the said reservoir, and as they may for. deem proper, for building sites for museums of art and science and libraries, and may lease such sites at a nominal rent and for terms not to exceed one hundred years, to any corporation or corporations now existing or that may hereafter be created for educational purposes, on such conditions as may be expressed in such leases; provided, Buildings nevertheless, that no buildings shall be erected by the lessees upon nowad such sites until suitable plans and specifications therefor shall have been submitted to and approved by the said mayor and commissioners; and also provided, that such museums and libraries shall at all reason- Proviso, able times be free, open and accessible to the public and private schools missions of the said city, and open and accessible to the general public on such thereto. terms of admission as the said mayor and commissioners shall approve, ap as to ad and shall also be subject to the visitation of the Board of Regents of Visitation by Regents. the State of New York; and also provided, that if and when such museums and libraries, respectively, shall cease to be maintained acReversion cording to the true intent and meaning of this act, and of such leases, upon for such leases, respectively, shall be forfeited, and the sites and buildings thereon erected shall respectively revert to the city of Brooklyn. 3. This act shall take effect immediately. feiture. Title eleven of city charter CHAP. 373. AN ACT to amend cnapter five hundred and eighty-three of the laws of one thousand eight hundred and eighty-eight, entitled "An act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn," with reference to the fire marshal. APPROVED by the Governor June 5, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Title eleven of chapter five hundred and eighty-three of the laws of one thousand eight hundred and eighty-eight, entitled "An act to revise and combine in a single act all existing special and amended. local laws affecting public interests in the city of Brooklyn," is hereby amended by striking out from said title all of sections fifty-five, fiftysix, fifty-seven, and fifty-eight. Title 13 Fire marshal, appointment of by fire commissioner 2. Title thirteen of said chapter is hereby amended by inserting amended. in said title after section seventeen the following additional sections: § 18. There shall be an officer to be appointed by the said commissioner, to be known as the fire marshal of the city of Brooklyn, who shall reside in Brooklyn. He shall take the constitutional oath of office and hold such office during the pleasure of said commissioner and until a successor shall be appointed and duly qualified by taking His salary. the constitutional oath of office. He shall receive an annual salary of twenty-five hundred dollars. Upon his death, resignation, or removal, and thereafter as often as a vacancy shall occur in said office, the said commissioner shall appoint a proper person to be said fire marshal. The business office of the said fire marshal shall be at the head-quarters of the department. Location of office. Fire marshal to investigate fires, etc. causes of ings upon tion. § 19.* It shall be the duty of said fire marshal to examine into the cause, circumstances and origins of fires occurring in the city of Brooklyn, by which any building, vessel, vehicle or any valuable personal property shall be accidentally or unlawfully burned, destroyed, lost, or Proceed damaged by fire, wholly or partially; and to especially enquire and investiga- examine whether the fire was the result of carelessness or the act of an incendiary The said fire marshal shall take the testimony, on oath, of all persons supposed to be cognizant of any facts, or to have means of knowledge in relation to the matters herein required to be examined and enquired into, and cause the same to be reduced to writing, verified and transmitted to the said commissioner with his report in writing, embodying his opinions and conclusions in relation to the Reports as matter investigated. The said fire marshal shall report in writing to the said commissioner, to the district attorneys, to the New York to such inves tigations. *See also sections 18 and 19 in chapter 371, Laws of 1889. |