Chapter 4 - GAS AND ELECTRIC LINES

Section 24-404

Section 24-404

  * §  24-404  Permits;  excavations  in street; gas distribution lines;
electrical conductors. a. It shall be unlawful for any person to take up
the pavement of any street, or to excavate for the purpose of laying any
gas distribution lines, or any electrical conductors underground, or  of
constructing subways, or of erecting poles, unless permission in writing
therefor  shall  have  been  first  obtained  from  the  commissioner of
transportation. It shall be unlawful to string, lay or maintain any  gas
distribution  lines,  or  any  electrical  conductors above or below the
surface of any  street,  in  any  part  of  the  city,  without  written
permission  from the commissioner of transportation. The commissioner of
transportation shall determine whether any  extension  of  the  existing
electrical  conductors  of  any  person shall be by means of overhead or
underground conductors.
  b. Violations. Any person who shall  violate  any  provision  of  this
section,  upon  conviction  thereof,  shall be punished by a fine of not
less then two hundred fifty dollars nor more than five hundred  dollars,
or imprisonment for thirty days or both.
  * NB Amended L.L. 69/85 § 6, language juxtaposed per Ch. 907/85 § 14

Section 24-405

Section 24-405

  *  §  24-405  Permit  required.  a.  It shall be unlawful for any gas,
telephone or electric light company, or any person to lay or install any
pipes,  mains  or  conduits  for  the  use  and  transmission  of   gas,
electricity,  pneumatic  power  or steam, or to perform any work that is
under the jurisdiction, cognizance and control of  the  commissioner  of
transportation, in any street, or public place, without a written permit
from the commissioner of transportation.
  b.  It  shall  be unlawful to violate any provision of this section or
any notice or special direction thereunder, under a penalty of not  less
than  two  hundred  fifty dollars nor more than five hundred dollars for
each offense.

  * NB Amended L.L. 69/85 § 7, language juxtaposed per Ch. 907/85 § 14

Section 24-406

Section 24-406

  *  §  24-406  Removal  of  electric wires; Manhattan and the Bronx. a.
After the grade of any street in the boroughs of Manhattan and the Bronx
shall have been finally determined and  established,  whenever,  in  the
opinion  of  the board of estimate it shall be practicable to remove the
electrical conductors  above  ground  in  such  street  and  place  them
underground,  the commissioner of transportation shall notify the owners
or operators of such conductors. Notice shall be to the effect that such
electrical conductors must be removed within a certain time,  sufficient
for removal, which shall be fixed by such commissioner. In the case of a
corporation  duly  authorized  to  lay and operate electrical conductors
underground in such street, the time shall be sufficient for the  proper
laying  of  conductors  underground  in  place  of those removed. b. All
electrical conductors authorized to be placed underground, shall  be  so
placed  under  and  in accordance with the provisions of sections 24-410
through 24-415 of the code. Whenever application shall be  made  to  the
commissioner  of  transportation  for  permission  to  place underground
electrical conductors in any such street, if such permission be granted,
the  subways  therefor  shall  be  constructed  or  provided,  and  such
electrical  conductors  placed  underground under and in accordance with
the provisions of such sections. Such permission shall be  granted  only
in accordance with the provisions of such sections.

  * NB Amended L.L. 69/85 § 8, language juxtaposed per Ch. 907/85 § 14

Section 24-407

Section 24-407

  * § 24-407 Underground electrical conductors; Manhattan and the Bronx.
Any  company, operating or intending to operate electrical conductors in
the boroughs of Manhattan and the  Bronx,  if  it  shall  desire  or  be
required  to  place  its conductors or any of them underground in any of
the streets of such boroughs,  must  remove  such  conductors  from  the
surface  of  such  streets,  when  duly authorized so to do. It shall be
obligatory  upon  such  company  to  file  with  the   commissioner   of
transportation  a  map or maps, made to scale, showing the streets which
are desired to  be  used  for  such  purpose,  and  giving  the  general
location,  dimensions  and course of the underground conduits desired to
be constructed. Before any such conduits shall be constructed, it  shall
be   necessary   to   obtain   the  approval  of  such  commissioner  of
transportation of the plan of construction proposed by such company. The
commissioner of transportation has and shall have power to require  that
the work of removal and of constructing every such system of underground
conductors  shall be done according to such plan so approved, subject at
all times to such modifications as shall be made by him or her from time
to time, and subject also to  such  rules  and  regulations  as  may  be
promulgated by him.

  * NB Amended L.L. 69/85 § 9, language juxtaposed per Ch. 907/85 § 14

Section 24-408

Section 24-408

  *  §  24-408 Electrical conductors; Manhattan and the Bronx; duties of
commissioner  of  transportation.  a.  It  shall  be  the  duty  of  the
commissioner  of  transportation  to  carefully  investigate any and all
methods proposed by any company  for  electric  lighting  or  electrical
communication by the use of conductors along or across any street in the
boroughs  of  Manhattan and the Bronx, and, before approving of any such
method, such commissioner of transportation shall require that,  so  far
as   practicable,   all   such  conductors  when  constructed  shall  be
underground.  The  commissioner  of  transportation  shall   have   full
authority  to  compel  all companies operating electric wires to use the
subway prepared in accordance with the  provisions  of  sections  24-407
through 24-409 of the code.
  b.  Wherever,  along  the streets, in sparsely inhabited or unoccupied
portions of such boroughs, the  public  interests  do  not  require  the
electrical  conductors  to  be  placed underground, and wherever, in any
other locality in such boroughs, it is deemed by  such  commissioner  to
be,  for  any cause, impracticable to construct and successfully operate
underground the electrical conductors  required  by  any  such  company,
then, it shall be the duty of such commissioner to examine and grant the
application  of  any  such  company  for permission to deviate from such
underground  system.  The  commissioner  of  transportation  shall  not,
however,  grant any such permission unless he or she shall be satisfied,
upon investigation, that such a permit should be granted for one of  the
reasons stated above, and that it will not interfere with the successful
working  of  underground conductors elsewhere in such boroughs. Any such
permit shall be held and construed to  authorize  the  construction  and
maintenance  of  the  lines  of  conductors therein provided for, as and
where prescribed by the commissioner of transportation.
  c. It is hereby made the duty of such commissioner of  transportation,
in  granting  any  such  permit  for  other  than underground electrical
connections, to bear in mind the policy and purpose of  sections  24-407
through  24-409 of the code, which is to convert the overhead systems of
electrical wires and cables now in use in such boroughs  to  underground
systems,  as soon as possible, without impairing the efficiency of their
service, and to require that, as  far  as  practicable,  all  electrical
conductors  in  any  street  in  such boroughs shall be removed from the
surface  and  placed  and  operated  underground,  as  soon  as  may  be
consistent with the convenient use thereof by the public. It is intended
to authorize other than underground electrical conductors, to be used in
the streets, only when and where the public interests do not require the
electrical  conductors  to  be  placed underground, or when and where it
shall be deemed by the board of estimate to be  impracticable  to  place
and  operate  the  conductors  advantageously  underground.  It  is also
intended to make all  aerial  or  other  electrical  connections  merely
incidental  to  such  underground  methods,  and to require that they be
authorized only when and where needed for  the  convenient  use  of  the
public  or  where  the  underground  conductors  can be made more useful
thereby.
  d. The work of constructing every line of conductors authorized by any
such permit, so granted, shall be subject to the rules  and  regulations
prescribed  by  the  commissioner  of  transportation. Every such permit
shall specify the location of the structures to be  erected  and  to  be
used  for  sustaining  the  electrical  conductors,  and  shall give the
general dimensions thereof.
  e. It shall be the duty  of  the  commissioner  of  transportation  to
require  that  the subway may be used by the city for the electric wires
or conductors operated by its police, fire  or  other  agencies  without
expense,  except  that  of  the wires or conductors. The city shall not,

however, be compelled to place any such wires or conductors  underground
until  the  money  has been specifically raised therefor, and until that
time the city may continue to use and extend such wires.

* NB Amended L.L. 69/85 § 10, language juxtaposed per Ch. 907/85 § 14

Section 24-409

Section 24-409

  * § 24-409 Aerial electrical wires or cables; regulation. Whenever the
commissioner  of transportation shall permit any aerial electrical wires
or cables, carried along or across and above the surface of any  of  the
streets  of  such  boroughs, to be crossed by aerial electrical wires or
cables, it shall be the duty of the commissioner  of  transportation  to
designate  also,  in such permit, the route and location thereof, and to
prescribe and regulate the height at which such wires or cables shall be
placed. Whenever any such permit shall be granted by the commissioner of
transportation,  in  extending  the  connections  of  any   subterranean
electrical  conductors,  for the erection of any structure or structures
for sustaining electrical conductors above the surface of any street, or
for placing wires or cables on any  such  structure  or  elsewhere  than
underground,  or  for  carrying any such wires or cables across or along
and above the surface of any street, or for placing wires or  cables  on
any  such  structure  or elsewhere than underground, or for carrying any
such wires or cables over or into or in the rear of any building in such
boroughs, any and all such structures, and any and  all  such  wires  or
cables,  shall be so erected and maintained as not to interfere with the
other public uses of such streets.

  * NB Amended L.L. 69/85 § 11, language juxtaposed per Ch. 907/85 § 14

Section 24-410

Section 24-410

  *  §  24-410  Construction  of  conduits;  removal  of  poles,  wires.
Whenever, in the  opinion  of  the  commissioner  of  transportation,  a
sufficient  construction  of  conduits  or subways under ground shall be
made ready under the provisions of sections 24-410 through 24-414 of the
code, in any street or locality in the boroughs  of  Manhattan  and  the
Bronx,  reference being had to the general direction and vicinity of the
electrical  conductors  then  in  use  overhead,  the  commissioner   of
transportation  shall  notify  the owners or operators of the electrical
conductors above ground in such street or  locality.  The  notice  shall
inform  them  that  they are to make such electrical connections in such
street or through other streets, localities or parts  of  such  boroughs
with such underground conduits or subways as shall be determined by such
commissioner  of  transportation,  and  to remove poles, wires, or other
electrical conductors above ground  and  their  supporting  fixtures  or
other  devices  from  such  street and locality within ninety days after
notice to such effect shall be given.

  * NB Amended L.L. 69/85 § 13, language juxtaposed per Ch. 907/85 § 14

Section 24-411

Section 24-411

  §  24-411  Removal of abandoned poles. a. All telegraph, telephone and
electric light poles, wires or conductors which shall  hereafter  remain
or  stand  disused,  or become disused or abandoned, in, or over or upon
any street, shall be forthwith removed, but for sufficient  cause  shown
the commissioner of transportation may extend the time for such removal,
by one or more orders, for periods not exceeding one year each.
  b. The persons owning, operating, managing or controlling poles, wires
or  appurtenances  which may have been so disused or abandoned, or which
may be dangerous or unsafe, shall take down and remove  them,  and  upon
their  failure to do so, the commissioner of design and construction, in
accordance with chapter fifty-five  of  the  charter,  unless  otherwise
directed  by  the  mayor pursuant to such chapter, shall remove the same
forthwith, at the expense of such  persons.  Before  such  removal,  the
commissioner  of  transportation  or  the  commissioner  of  design  and
construction, except where a condition of danger exists,  shall  mail  a
notice  thereof  to  the  last  known address of such persons, a copy of
which shall be posted for a period of ten days on  each  of  such  poles
prior to its removal.
  c.  Any  person  convicted  of a violation of any of the provisions of
this section shall be punished by a fine of not less  than  two  hundred
fifty nor more than five hundred dollars, imprisonment for not more than
ten days, or both.

Section 24-412

Section 24-412

  §  24-412  Agreement with Consolidated Telegraph and Electrical Subway
Company;  new  contracts.  The  agreement  made  by  and   between   the
commissioners of electrical subways or the commissioner of water supply,
gas  and  electricity  for  the  city  of  New York and the Consolidated
Telegraph and Electrical Subway Company or its successor by merger,  the
Consolidated   Edison   Company   of   New  York,  under  date  of  July
twenty-seventh, eighteen hundred eighty-six, when  and  as  amended  and
modified  by  a  second  and further contract or agreement between these
parties, dated the seventh day of April, eighteen hundred  eighty-seven,
is hereby ratified and confirmed, subject, however to all the provisions
of sections 24-410 through 24-414 of the code. But if at any time or for
any  reason  the  agreement so amended shall be or become inoperative or
ineffectual for the accomplishment of its just purpose and the  purposes
of  these  sections,  or  if  the  company  shall  be  unable,  or after
reasonable notice and opportunity given by such commissioner,  it  shall
fail or decline to comply with or carry into effect the agreement in all
its  terms,  then such commissioner may, with the approval of the mayor,
make such new, further or different contracts with  the  same  or  other
parties  as  may  be  reasonable  or  necessary to carry into effect the
provisions and intent of sections 24-410 through 24-414 of the code.

Section 24-413

Section 24-413

  § 24-413 Enforcement of agreement and of provisions of sections 24-407
through  24-414  of the code. Whenever it shall be made to appear to the
satisfaction of any of the justices  of  the  supreme  court,  that  the
commissioner  of  general services or his or her representatives, or any
commissioner succeeding to the functions of such commissioner, or his or
her representatives, or the Consolidated Telegraph and Electrical Subway
Company or its successor by merger, the Consolidated Edison  Company  of
New York, or any persons claiming under such commissioner, or under such
company,  shall  have violated or shall have failed to observe and fully
perform any of the provisions of sections 24-407 through 24-414  of  the
code,  or  of  such  agreement, or shall have failed to furnish just and
equal  facilities  thereunder  to  any  and  all  corporations  lawfully
competent  to  manufacture,  use  or  supply  electricity, or to operate
electrical conductors in any street, applying for such  facilities  upon
terms  that  to  the  court  shall appear just and reasonable, then such
justice or court may, by proper proceedings in the nature of an order of
mandamus, enforce the provisions of sections 24-407  through  24-414  of
the  code,  or  of  such  agreement  or of any agreement made under such
sections or compel the granting of such facilities, or  may  grant  such
relief  as may be proper. Such commissioner, or the city, or any person,
company or corporation aggrieved, shall be  entitled  to  institute  and
maintain such proceedings.

Section 24-414

Section 24-414

  §  24-414  Power  to  purchase subways, property and contracts of such
company. The mayor, in his or her discretion, may purchase  the  subways
constructed  by  such company, and the contracts and other property held
or owned by it for any of the purposes of its incorporation, for and  in
the  name  of  the  city. The purchase price shall not exceed the actual
cost of the property, with ten per cent added to such cost, as may be or
may have been agreed upon between such company and the  commissioner  of
general  services. The payment therefor shall be made within four months
after the delivery to the comptroller of good and  sufficient  and  duly
executed  instruments  of  conveyance  or transfer to the city, subject,
however, to any valid liens outstanding thereon, not exceeding fifty per
cent of the actual cost of such subways, and  subject  to  all  existing
leases or contracts for the use of such subways.

Section 24-415

Section 24-415

  *  §  24-415  Conditions  to granting permit for conduit construction;
security. a. The commissioner of transportation shall not grant a permit
of the type mentioned in section 24-404  of  the  code  unless,  if  the
application be for underground construction, there is an existing demand
for  the construction of such conduits or subways, and the occupation of
such conduits or subways is reasonably assured, and the public interests
require their  construction,  or  unless,  if  the  application  be  for
permission  to  deviate  from  an underground system, the case is one of
those in which such deviation may be legally permitted  under  authority
of  sections  24-407  through 24-409 of the code. This section is made a
police regulation in and for such boroughs.
  b. It shall be the duty  of  the  commissioner  of  transportation  to
require  of  any  corporation  or  individual making application for the
construction of subways, that before the construction  of  such  subways
shall  be  ordered, the applicant shall furnish to the corporation which
shall be ordered to build such subways, satisfactory  security  for  the
occupation  by  it  of  the  subways  which  shall be constructed at its
request, and the payment of the established rentals therefor  yearly  in
advance,   during  such  period,  not  less  than  five  years,  as  the
commissioner of transportation  shall  determine.  The  commissioner  of
transportation  may establish and from time to time may alter, add to or
amend all proper and necessary rules, regulations and provisions for the
manner of use and management of the electrical conductors,  and  of  the
conduits  or  subways  therefor,  constructed  or contemplated under the
provisions of this section or of any law mentioned herein. This  section
shall  not  be  construed  to authorize any corporation or individual to
take up the pavements of such boroughs,  to  excavate  in  any  of  such
streets  or to erect poles in any part of such boroughs, unless a permit
in writing therefor shall have been first obtained from the commissioner
of transportation.

  * NB Amended L.L. 69/85 § 15, language juxtaposed per Ch. 907/85 § 14

Section 24-416

Section 24-416

  *  §  24-416  Underground  electrical conductors; Brooklyn, Queens and
Richmond. Whenever the board of estimate, after hearing all the  parties
interested,  shall deem it desirable and practicable that the electrical
conductors above ground in any  street  in  the  boroughs  of  Brooklyn,
Queens   and  Richmond,  be  placed  underground,  the  commissioner  of
transportation shall notify the owners or operators of  such  electrical
conductors.  The  notice  shall  be  to  the effect that such electrical
conductors shall be placed underground within a certain time, sufficient
for the proper construction of underground conduits or other channels in
such street, to  be  fixed  by  such  commissioner.  Whenever  any  duly
authorized   company   operating  or  intending  to  operate  electrical
conductors in any such street, shall desire to place its  conductors  or
any  of  them  underground,  it shall be obligatory upon such company to
file with the commissioner of transportation a map or  maps  made  to  a
scale,  showing  the  streets  which  are  desired  to  be used for such
purpose, and giving the general location, dimensions and course  of  the
underground  conduit  desired to be constructed. Before any such conduit
shall be constructed it shall be necessary to obtain the approval of the
commissioner of transportation of such plan of construction so proposed,
and such commissioner shall have power  to  require  that  the  work  of
removal  and of constructing every such system of underground conductors
shall be done according to such plan so approved.

  * NB Amended L.L. 69/85 § 16, language juxtaposed per Ch. 907/85 § 14

Section 24-417

Section 24-417

  § 24-417 Telegraph, telephone or electric light poles on Eighth avenue
between  Flatbush  avenue  and  Ninth  street  in  Brooklyn.  Telegraph,
telephone or electric light poles, except such iron poles as are now  or
may   hereafter   be  erected  and  maintained  in  connection  with  an
underground system of wires, shall not be erected upon Eighth avenue, in
Brooklyn, between Flatbush avenue and Ninth street, or any part thereof,
unless the consent of a majority of the owners of  property  in  numbers
and  value  thereof  on  Eighth avenue between Flatbush avenue and Ninth
street first be obtained in  writing,  duly  acknowledged  in  the  same
manner as deeds entitled to be recorded.

Section 24-418

Section 24-418

  * § 24-418 Procedure. The commissioner of transportation shall fix the
time  within which electrical conductors must be placed underground, and
shall notify the owners or operators of any such  electrical  conductors
in  the city that such conductors must be removed or placed underground,
in accordance with the resolution of the board of estimate.  He  or  she
shall  give  all  persons  or  corporations  owning  or  operating  such
electrical conductors, an opportunity to be heard on the question of the
time necessary to place them underground, and  shall  hear  such  expert
opinion  as  he  or she may think advisable. Such owners or operators of
electrical conductors above ground in such street or locality  shall  be
required  to  remove  all  of  such  poles,  wires  or  other electrical
conductors and supporting fixtures or other devices from any such street
or locality within thirty days after the expiration of the time so fixed
by the commissioner of transportation.

  * NB Amended L.L. 69/85 § 17, language juxtaposed per Ch. 907/85 § 14

Section 24-419

Section 24-419

  *  §  24-419 Certain sections to be police regulations. The provisions
of sections 24-404, 24-406, 24-410, 24-416 and 24-418 of  the  code  are
made  police regulations in and for the city. In case the owners of such
poles, wires or other electrical conductors, fixtures and devices  shall
fail to have them removed from such streets or localities as required by
the  commissioner of transportation or by the determination of the board
of estimate, or shall neglect or refuse to comply with any provisions of
law with respect thereto, it shall be the duty of  the  commissioner  of
transportation to cause them to be removed from such streets.

  * NB Amended L.L. 69/85 § 18, language juxtaposed per Ch. 907/85 § 14

Section 24-420

Section 24-420

  *  §  24-420 Replacement of lamp-posts or electric light poles. a. Any
person who shall  take  up  and  temporarily  remove  any  lamp-post  or
electric  light pole, under a permit or by other lawful authority, shall
cause the same to be reset at his or her own  expense  immediately  upon
the completion of the work that necessitated its removal.
  b.  Any  person who shall violate any provision of this section shall,
upon conviction thereof, be punished by a fine  of  not  less  than  two
hundred fifty nor more than five hundred dollars, or by imprisonment for
not exceeding thirty days, or by both.

  * NB Amended L.L. 69/85 § 19, language juxtaposed per Ch. 907/85 § 14

Section 24-421

Section 24-421

  *  §  24-421  Electric  light,  power;  inspection of; all wires to be
inspected. The commissioner of buildings shall cause all wires, currents
and appliances that may be introduced into or placed in any building  or
structure  in  the city to be inspected, and shall furnish a certificate
of such inspection to any person or corporation applying therefor.

  * NB Amended L.L. 69/85 § 20, language juxtaposed per Ch. 907/85 § 14

Section 24-422

Section 24-422

  *  §  24-422  Commissioner  of buildings to submit proposed local laws
with respect to electrical equipment and  energy.  The  commissioner  of
buildings  shall  from  time to time submit for the consideration of the
council proposed local laws in relation to  electric  wires,  appliances
and currents for furnishing light, heat or power when introduced into or
placed  in  any  building  or structure in the city. Such proposed local
laws shall prescribe the method of  construction,  operation,  location,
arrangement,  insulation  and use of such wires, appliances and currents
as the commissioner of buildings shall from time to time deem  necessary
for the protection of life and property.

  * NB Amended L.L. 69/85 § 21, language juxtaposed per Ch. 907/85 § 14

Section 24-423

Section 24-423

  * § 24-423 Operators of motion-picture projecting machines. a. License
required.   It   shall  be  unlawful  for  any  person  to  operate  any
motion-picture projecting apparatus or any  connection  thereof  in  any
place of public assemblage or in any public or private building, whether
used  for  shows or amusements or otherwise, unless he or she shall have
been duly licensed by the commissioner of consumer affairs  as  provided
in this section.
  b.  Rules  and regulations. The commissioner of consumer affairs shall
make rules and  regulations  governing  the  issuance  of  licenses  and
certificates pursuant to chapter one of title twenty of this code.
  c.  Legal  age.  An  applicant  for  license to operate motion-picture
projecting apparatus must be at least 18 years of age.
  d. Issue of license and certificate;  fee.  If  the  applicant  proves
himself or herself competent to operate motion-picture apparatus and its
connections,  such  commissioner,  upon  prior payment of a fee of sixty
dollars may, in his or her discretion, issue a license or cause it to be
issued. Irrespective of the date of issue, such license shall expire  on
December  thirty-first  of  the  year of issue, unless sooner revoked or
suspended. A license may be renewed annually upon the payment of  a  fee
of  thirty  dollars,  if  so  renewed  within the calendar year in which
issued.
  e. Posting certificate. With  every  license  granted,  a  certificate
shall be issued to the person obtaining the license, certifying that the
person  named  therein  is  duly  authorized  to  operate motion-picture
apparatus and its connections. The certificate shall be displayed  in  a
conspicuous  place  in  the  room  in  which  the  licensee  operates  a
motion-picture apparatus and its connections.
  f. Discipline. The license and certificate may be revoked or suspended
at any time by the commissioner of consumer affairs in  accordance  with
chapter one of title twenty of this code.
  g. Renewal of license. Every license, unless revoked or suspended, may
be  renewed  by  the  commissioner  of  consumer  affairs  in his or her
discretion, upon application at the end of the calendar  year  in  which
issued. Such renewal may be with or without further examination as he or
she  may  direct,  but  every application for renewal of license must be
made within the thirty days previous to the expiration of such license.
  h. Unlicensed operators. It shall be unlawful to  employ  any  person,
not  licensed  as provided in this section, or to permit such person, to
operate any motion-picture apparatus, or any connections thereof, in any
motion-picture theatre, open-air motion-picture theatre or  other  place
where  motion  pictures  are exhibited, to which the public is admitted,
with or without charge for admission.
  i. Violations. The commissioner of consumer affairs shall enforce  the
provisions  of  this  section pursuant to chapter one of title twenty of
this code and all of the remedies and penalties provided in such chapter
shall apply to the violation of any of the provisions of this section.

  * NB Amended L.L. 69/85 § 22, language juxtaposed per Ch. 907/85 § 14