The sun., 1893-12-21
THE Law AND sIDEWALx AWNINGS
what the Corpo, alton Attorney ssys-New
Orders to the Police.

| what the Corpo, alton Attorney ssys-New
Orders to the Police.
| The experience OF Mira William Pollock OF
| 1872 Madison avenue. who was ordered by q
patrolman from the Thrtieth street police
| station to remove an awning which had been
placed across the sidewalk in front Of her resi-
dence. on the ground that It was violation OF
the city ordinances. occasioned many inquiries
at the office Of the Corporation Attorney yes
terday. The inquiries came from many
sources. for the temporary awning across the
sidewalk has come into very general use
They are not only utilized at nearly every
social function OF Importance but the hotels
and restaurants the theatres. and some OF the
larger retail stores have them for the shelter
Of their patrons. Corporation Attorney Louis
Hanneman had words OF comfort for all the
anxious inuuirers who sought Information on
this subject at his office yesterday.
l shall not prosecute any person for the
use oi such an awning so long as IL Is only
erecte for temporary use and the use of the
sidewalk by pedestrians is not materially in
awnings a public 6enefit. They are designed
to protect ladies' and gentlemen lightly clad in
protection of the public health. There may be
In their erection and use technical violation
eertain. II prosecntom were g n attsmpted edhGt Il
would have to be under the provisions Of an
omnibus ordnance"
Mr.. Hanneman here read section 80 OF the
city ordinances. the only one applicable 10 the
case. 1t runs as follows:
No person shall cucumber or obstruc: Auy street
which mas been opened regulated and graded accord
ing to law in the city os New York any article or
thing whatsoeyer without irst having obtained writ.
ten permission from the Conn missioner OF PubIto
Works under the penalty OF 81 for offence. and
sncumbrAnes or obstruction shall continue.
The provision regarding permission from
the Commissioner Of Public Works" continued
storing OF building materials In the street. I
don't think 1t can have any reference to avn
ings, At any rate. ! don't believe such per-
mtssion necessary. for think there are de-
clsions OF the Court OF Appeals which apply to
these cases where awnings are used. The
Court OF Appeals has decided that the tempo
rary use OF Rkids across the sidewalk for the
delivery OF goods to trucks or stores Ia not an
obstruction OF the sidewalk In violation OF the
ordinances. When skids are in use sidewalks
are i'm passable II Is not SO In the case OF
plant against sidewalk awnings in this office,
and ! refused to prosecute IL. understand
that the City Improvement Society is making
these com plants to the police OF alleged viola
tions OF the city ordinances"
The Corporation Attorneys Impression as TO
the activity OF the City Improvement Society
In the matter was verified ny the statement Of
Sergt. Fleming OF the Thirtieth street police
station. He said that orders were sent out
from Police HeadGuarters on Saturday dirAct-
Ing the arrest OF men caught erecting awnings
or snow. and in cases whore awnings hal been
erected the police were to notify the house
owners to remove them under penalty OF fine.
Temporary awnings will be permittsd in
stormy weather. but they must be open at the
sides from stoCp line to curb