Chapter 2 - FRANCHISES

Section 6-201

Section 6-201

  § 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.

Section 6-202

Section 6-202

  §  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.

Section 6-203

Section 6-203

  §  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.

Section 6-204

Section 6-204

  § 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.

Section 6-205

Section 6-205

  §  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.

Section 6-206

Section 6-206

  §  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
twenty-five dollars, or imprisonment for thirty days, or both.

Section 6-207

Section 6-207

  § 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.

Section 6-208

Section 6-208

  §  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.