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
* § 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
* § 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
* § 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
* § 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
* § 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
* § 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
§ 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
§ 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
§ 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
§ 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
* § 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
* § 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
§ 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
* § 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
* § 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
* § 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
* § 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
* § 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
* § 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