TITLE XII. Of Crimes Against the Public Health and Safety. SEC. 385. "Public nuisance" defined. 386. Unequal damage. 387. Maintaining a nuisance a misdemeanor. 388. Permitting building to be used for nuisance. 389. Keeping gunpowder unlawfully. 390. Throwing gas-tar, etc., into public waters. 391. Violation of quarantine laws, by master of vessel. 392. Giving false information relative to vessel or permitting person ta land before visit of health officer. 393. Landing from vessel before visit of health officer. 394. Going on board vessel at quarantine grounds, or entering quarantine grounds without leave. 395. Violating quarantine regulations. 396. Obstructing health officer in performance of his duty. 397. Willful violation of health laws. 398. Unlicensed piloting. 399. Coasting steamers excepted. 400. Acting as port warden without authority. 401. Apothecary omitting to label drugs, or labeling them wrongly. 403. Refusing to exhibit record. 404. Selling poison without label. 405. Medical prescriptions. 405a. Regulations as to prescriptions of opium and morphine. 407. Adulterating food, drugs, liquors, etc. 407a. Selling substitutes for pure juice of fruits. 408. Disposing of tainted food. 408a. Violations of agricultural law. 409. Making, selling, etc., dangerous weapons. 410. Carrying, using, etc., certain weapons. 411. Possession, presumptive evidence. 412. Carrying concealed weapons. 413. Negligently managing and refusing to extinguish fires. 414. Obstructing attempts to extinguish fires. 415. Ferries. 415a. Penalty for neglect to post schedule of ferry rates. 416. Unlawful acts and neglect of duty by railroad official. 417. Misconduct of railroad commissioners and their employes. 418. Persons unable to read, not to act, or be employed as engineers. 419. Misconduct of officials employed on elevated railroads. 420. Intoxication or other misconduct of railroad or steamboat employes. 421. Failure to ring bell, etc. 422. Placing passenger in front of baggage car. 423. Platforms and heating apparatus of passenger car. 424. Guard posts; automatic couplers. 425. Officers of railroad companies to be uniformed. SEC. 426. Riding on freight cars. 427. Dangerous exhibitions; bathing. 427a. Unauthorized manufacture, sale or use of illuminating oils. 429. Ice cutting and ice bridges. 429a. Detaching ice for bridge forbidden. 430. Articles in imitation of food. 431. Noisome or unwholesome substances, etc., in highway. 432. Ambulances. 433. Using net or weir unlawfully in Hudson river. 433a. Lights upon swing bridges. 434. Exposing person affected with a contagious disease in a public place. 436. Eavesdropping. 444. Interfering with navigation. 445. Maintaining private insane asylums. 446. Entry into agricultural fair grounds. 447. Drugging person, etc. 447a. Negligently furnishing insecure scaffolding. 447b. Neglect to provide fire escapes, etc, 447c. Neglect to complete or plank floors of buildings constructed in · cities. 447d. Requiring more than the legal weight for a bushel. 447e. Contamination of salt wells. § 385. "Public nuisance" defined.-A public nuisance is a crime against the order and economy of the state, and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission: 1. Annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons; or 2. Offends public decency; or 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a stream, creek or other body of water which has been dredged or cleared at public expense, or a public park, square, street or highway: or 4. In any way renders a considerable number of persons insecure in life, or the use of property. Subd. 3, am'd by ch. 371 of 1901. See §§ 324, 328, supra. No length of time will legalize a nuisance. Rochester v. Erickson, 46 Barb. 92; Ogdensburgh v Lovejoy, 2 S. C. 83; aff'd, 58 N. Y. 62; Campbell v. Seaman, 63 N. Y. 568; 2 S. C. 231. Legislature may legalize. People v. N. Y. Gas Co, 6 Lans. 467; Phoenix v. Com'rs of Emigration, 12 How. Pr. 1; Delaney v. Blizzard, 7 Hun, 7; Patten v. N. Y. E. R. Co., 3 Abb. N. C. 306. No defense that it was first established; criminal intent not necessary. Taylor v. People, 6 Park. 347. Bowling alley. Tanner v. Albion, 5 Hill, 121; Updike v. Campbell, 4 E. D. Sm. 570. Theater. People v. Baldwin, 1 Wh. Cr. C. 279. By clergyman in church. Broad's case, 3 C. H. Rec. 7. Municipal corporation. Babcock v. Buffalo, 1 Sheld. 317; People v. Albany, 11 Wend. 539. Infant or feme covert, when not responsible for nuisance. People v. Townsend, 3 Hill, 479 See S. & T. Co. v. People, 66 Barb. 25. Sub 1. Filthy tenement-house. Meeker v. Van Rensselaer, 15 Wend. 397. Disorderly house. People v. Carey, 1 Sheld. 573. Stable. Morris v. Brown, Anth. N. P. 368; Fish v. Dodge, 4 Den. 311; Fat boiling. Weil v. Schultz, 13 Pitts. L J. 588; Cropsey v. Murphy, 1 Hilt. 126; Dubois v Budlong, 15 Abb. Pr. 45; Prescott's case, 2 Č. H. Rec. 161; Prout's case, 4 id. 87; Lynch's case, 6 id. 61; People v. Cunningham, 1 Den. 524; People v Carey, 4 Park. 238; Putnam v. Payne, 13 Johns. 312; Hinckley v. Emerson, 4 Cow. 351. Sub. 2. People v. Rowland, 1 Wh. Cr C. 286; Jacobowsky v. People, 6 Hun, 524; 8. C., 64 N. Y. 659; Barnesciotta v. People, 10 Hun, 37; S. C., 69 N. Y 612. Gaming. People v. Livingston, 27 Hun, 105. Pool playing. People v. Cutler, 28 id. 465. Theater. Berry v. People, 1 N. Y. Cr. 43, 57; 77 N. Y. 588. Sub. 3. Where encroachment on highway does not obstruct. Howard v. Robbins, 1 Lans. 63. River. Moore v. Com'rs of Pilots, 32 How. Pr. 182. Wharf. People v. Vanderbilt, 26 N. Y. 287; S. C., 28 id. 396. Bridge over highway. Knox v. New York, 55 Barb. 404. Bridge. Chenango Bridge v. Lewis, 63 Barb. 111; The Binghamton Bridge, 3 Wall 51. Street railroad. Wetmore v. Story, 22 Barb. 414; Hamilton v N. Y. & H. R. Co, 9 Pai. 71; Anderson v Rochester, etc., Co 9 How. Pr. 553; Hentz v. L. I. R. Co., 13 Barb. 646. Subterranear ream Ellis v. Duncan, 21 Barb. 220; S. C., 29 N. Y. 466. Swampy lands Woodruff v. Fisher, 17 Barb. 224. State dam. Harris v. Thompson, 9 Barb. 350. Railroad depot. Phoenix v. Com'rs of Emigration, 12 How. Pr. 1. Dam. Renwick v. Morris, 3 Hill, 621; S. C., 7 id. 575; Adams v. Popham, 76 N. Y. 410; Brown v. Bowen, 30 id. 519. Sluice-way. Thompson v. Allen, 7 Lans. 459. Coal hole in sidewalk. Irwin v. Wood, 51 N. Y. 224. Coal hole. Clifford v. Dam, 81 N. Y. 52. Gas pipes. McCamus v. Citizens' Gas-light Co., 40 Barb. 380. Highway. Osborn v. Union Ferry Co., 53 Barb. 629. Tow-path. Conklin v. Phoenix Mills, 62 Barb. 299. Lime kiln. Hutchins v. Smith, 63 Barb. 251. Assisting in erection. Chenango Bridge Co. v. Lewis, 63 Barb. 111 Directing erection. Jones v. Chantry, 1 Hun, 613. Bridge authorized by congress, over stream, is not a nuisance as an obstruction. People, ex rel. Murphy, v. Kelly, 76 N. Y. 475. Harbor. People v. Horton, 5 Hun, 516; S. C., 64 N. Y. 610. Cable in stream. Blanchard v. Western Union Tel. Co., 60 N. Y. 570. Railroad crossing highway. People v. N. Y. C. R. R. Co., 71 N. Y. 302. Unsafe bridge. People v. Mohawk Bridge Co., 7 Alb. L. J. 232. Defective_road. People v. Goshen, etc., Road, 11 Wend. 597; Susq., etc., T. Co. v. People, 15 id. 267; Waterford, etc., T. v. People, 9 Barb. 161; People v. Cunningham, 1 Den. 524; Harlem v. Hunniston, 6 Cow. 189; Lansing v. Smith, 8 id. 146; Dygert v. Schenck, 23 Wend. 446; Drake v. Rogers, 3 Hill, 604; People v. Lambier, 5 Den. 9; Mosher v. U. & S. R., 8 Barb. 427; Hart v. Albany, 9 Wend. 571; Hecker v. N. Y., etc., Co., 13 How. Pr. 549; 24 Barb. 315; Peckham v. Henderson, 27 id. 207: People v. Vanderbilt, 24 How. Pr. 301; Wetmore v. A. W. L. Co., 37 Barb. 70. Sub. 4. Catlin v. Valentine, 9 Pai. 575; Brady v. Weeks, 3 Barb. 157; Prescott's case, 2 C. H. Rec. 161. See, in addition, People v. Klock, 48 Hun, 277; Heeg v. Licht, 80 N. Y. 579; 8 Abb. N. C. 355; Caro v. Railroad Co., 46 Supr. 138; People v. Long I. R. Co., 9 Abb. 181; People v. Telephone Co., 11 id. 304; Van Norden v. Robinson, 45 Hun, 567; Board, etc. v. Casey, 18 N. Y. State Rep'r, 251; Cain v. Syracuse, 29 Hun, 105; aff'd, 95 N. Y. 83; People v. Butler, 4 Hun, 636; People v. Monteverde, 43 id. 447; Negus v. Brooklyn, 10 Abb. N. C. 181; 62 How. 191; 1 Civ. Pro. 471; Callanan v. Gilman, 107 N. Y. 360; Walsh v. Nelson, 101 id. 254; People v. N. Y C. & H. R. R. Co., 89 id 266; People v. Lochfelm, 103 id. 1; 4 N. Y. Cr. 159; Groat v. Moak, 26 Hun, 380; aff'd, 94 N. Y. 115; People v. Brooklyn, etc., R. Co., 15 W. Dig. 74; Munson v. People, 5 Park. 16; People v. Crounse, 51 Hun, 489; 21 N. Y. State Rep'r, 692; 7 N. Y. Cr. 11; Chapman v. Rochester, 110 N. Y. 273; Simmons v. Everson, 123 id. 323; 36 N. Y. State Rep'r, 267; Flynn v. Taylor, 127 N. Y. 599; 40 N. Y. State Rep'r, 189. § 386. Unequal damage.—An act which affects a considerable num ber of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal. § 387. Maintaining a nuisance a misdemeanor.-A person, who commits or maintains a public nuisance, the punishment for which is not specially prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such a public nuisance, is guilty of a misdemeanor. Simmons v. Everson, 124 N. Y. 323; 36 N. Y. State Rep'r, 267; Wasmer v. D., L. & W. R. Co., 80 N. Y. 212; Syracuse, etc., R. Co. v. Tully, 66 Barb. 25. $ 388. Permitting building to be used for nuisance, etc.—A person who, 1. Lets, or permits to be used, a building, or portion of a building, knowing that it is intended to be used for committing or maintaining a public nuisance, or 2. Opens or maintains a place where opium, or any of its preparations, is smoked by other persons, or 3. At such place sells or gives away any opium, or its said prepa rations, to be there smoked or otherwise used, or 4. Visits or resorts to any such place for the purpose of smoking opium or its said preparations; Is guilty of a misdemeanor. See 8§ 333, 343, supra. State v. Ah Crew, 16 Nev. 50; 40 Am. Rep. 488. §389. Keeping gunpowder unlawfully.-A person who makes or keeps gunpowder, nitro-glycerine, or any other explosive or combustible material within a city or village, or carries such materials through the streets thereof, in a quantity or manner prohibited by law or by ordinance of the city or village, is guilty of a misdemeanor. A person who manufactures gunpowder, dynamite, nitro-glycerine, liquid or compressed air or gases, except acetyline gas and other gases used for illuminating purposes, naphtha, gasoline, benzine or any explosive articles or compounds or manufactures ammunition, fireworks or other articles of which such substances are component parts ina cellar, room or apartment of a tenement or dwelling house or any building occupied in whole or in part by persons or families for living purposes, is guilty of a misdemeanor. And a person who, by the careless, negligent, or unauthorized use or management of gunpowder or other explosive substance, injures or occasions the injury of the person or property of another, is punishable by imprisonment for not more than two years. Any person or persons who shall knowingly present, attempt to present, or cause to be presented or offered for shipment to any railroad, steamboat, steamship, express or other company engaged as common carrier of passengers or freight, dynamite, nitro-glycerine, powder or other explosives dangerous to life or limb, without revealing the true nature of said explosives or substance so offered or attempted to be offered to the company or carrier to which it shall be presented, shall be guilty of a felony, and upon conviction, shall be fined in any sum not exceeding one thousand dollars and not less than three hundred dollars, or imprisonment in a state prison for not less than one nor more than five years, or be subject to both such fine and imprisonment. [New.] AMD. BY CH. 494 OF 1900. In effect May 1, 1900.] See 8 201, supra; §§ 636, 645, post. People v. Sands, 1 Johns. 78; Myers V. Malcolm, 6 Hill, 292; Bradley v. People, 56 Barb. 72; Heeg v. Licht, 80 N. Y.579; Van Norden v. Robinson, 45 Hun, 570; Rhodes v. Dunbar, 57 Penn. St. 274. $390. Throwing gas tar, etc., into public waters.- A person, who throws or deposits gas tar, or the refuse of a gas-house or gasfactory, or offal, refuse, or any other noxious, offensive, or poisonous substance into any public waters, or into any sewer or stream running or entering into such public waters, is guilty of a misde meanor. See § 444, post. New York v. Furgueson, 23 Hun, 594. § 391. Violation of quarantine laws.-A master of a vessel sub ject to quarantine or visitation by the health officer, arriving in the port of New York, who refuses or omits: 1. To proceed to and anchor his vessel at the place assigned for quarantine, at the time of his arrival; or 2. To submit his vessel, cargo and passengers, to the examination of the health officer, and to furnish all necessary information to enable that officer to determine the length of quarantine and other regulations to which they ought respectively to be subject; or 3. To remain with his vessel at quarantine during the period assigned for her quarantine, and while at quarantine to comply with the directions and regulations prescribed by law, and with such as any of the officers of health, by virtue of the authority given to them by law, shall prescribe in relation to his vessel, his cargo, himself his passengers or crew, is punishable by imprisonment not exceed. ing one year, or by a fine not exceeding two thousand dollars, or both. § 392. Giving false information relative to vessel, or permitting person to land before visit of health officers.-A master of a vessel hailed by a pilot who: 1. Gives false information to such pilot, relative to the condition of his vessel, crew or passengers, or the health of the place or places from whence he came, or refuses to give such information as shall be lawfully required; or, 2. Lands any person from his vessel or permits any person, except a pilot to come on board of his vessel, or unlades or tranships any portion of his cargo, before his vessel has been visited and examined by the health officers; or, 3. Approaches with his vessel nearer the city of New York than the place of quarantine to which he may be directed, is punishable by imprisonment not exceeding one year, or by a fine not exceeding two thousand dollars, or by both. 393. Landing from vessel before visit of health officers.- A person, who, being on board any vessel at the time of her arrival at the port of New York, lands from such vessel, or unlades, or tranships, or assists in unlading or transhipping any portion of her cargo, before such vessel has been visited and examined by the health officers, is punishable by imprisonment not exceeding one year, or by a fine not exceeding two thousand dollars, or both. 394. Going on board vessel at quarantine grounds, etc., without leave.- A person who goes on board of, or has any communica tion or intercourse with any vessel at quarantine, or with any of the crew or passengers of such vessel, without the permission of the health officer, and every person who, without such authority, enters the quarantine grounds or anchorage, is punishable by imprisonment not exceeding one year, or by a fine not exceeding two thousand dollars, or both; and in addition thereto he may be detained at quarantine so long as the health officer directs, not exceeding twenty days. And in case such person shall be taken sick of any infectious, contagious or pestilential disease, during such twenty days, he may be detained at the marine hospital, for such further time as the health officer directs. § 395. Violating quarantine regulations - A person who, having been lawfully ordered by a health officer to be detained in quaran tine, and not having been discharged, leaves the quarantine grounds or anchorage, or willfully violates any quarantine law or regulation, is guilty of a misdemeanor. 396. Obstructing health officer in performance of his duty.A person who willfully opposes or obstructs a health officer or physi cian charged with the enforcement of the health laws, in performing any legal duty, is guilty of a misdemeanor. 397. Willful violation of health laws.-A person who willfully violates any provision of the health laws, the punishment for vio lating which is not otherwise prescribed by those laws, or by this Code; and a person who willfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any board of health or health officer, or any regulation lawfully made or established by any public officer under authority of the health laws, is punishable by imprisonment not exceeding one year, or by a fine not exceeding two thousand dollars, or by both. |