City of Albany, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983 by L.L. No. 2-1983 as Ch. XIII of the 1983 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Pollution — See Ch. 267.
Sewers — See Ch. 299.
[1]
Editor's Note: Former Article I, Sale of Contraceptive Devices, comprising §§ 223-1 through 223-7, was repealed 8-1-1994 by Ord. No. 32.72.94. This legislation was adopted in the 1983 Code numbering and was redesignated by the Editor to fit the 1995 Code format.

§ 223-1 (Reserved)

§ 223-2 (Reserved)

§ 223-3 (Reserved)

§ 223-4 (Reserved)

§ 223-5 (Reserved)

§ 223-6 (Reserved)

§ 223-7 (Reserved)

§ 223-8 Removal, disturbance or exposure of dead body or coffin.

No person, while making a grave or interring a dead body, shall remove, disturb or expose any dead body or coffin, under the penalty of $25 for each offense.

§ 223-9 Interment provisions.

No person shall inter any corpse in any cemetery or burying ground in the City without the consent of the owners or the person having charge of the same, previously obtained; nor shall any person enter any corpse in any cemetery or other place in the City, unless in vaults, or graves at least six feet deep; and any person violating either of the provisions of this section shall be liable to a penalty of $5.

§ 223-10 Burial boundaries.

Any person who shall deposit any corpse in public or private vault in the City of Albany, east of Winthrop Avenue (formerly Nineteenth Street) and north of Second Avenue, or shall suffer the same to remain in such vault, shall incur a penalty for each offense of the sum of $25, and $25 for each day said corpse is allowed to remain in such vault; provided, however, that nothing herein contained shall prevent the burial of any person within the boundaries of the property occupied by the Cathedral of the Immaculate Conception, All Saints Cathedral and the Monastery of Nuns of St. Dominic of the Immaculate Conception, and that nothing herein contained shall prevent the deposit of human ashes in niches in a columbarium within the boundaries of the property occupied by St. Peter's Episcopal Church or the suffering of any corpse which has been heretofore deposited within the boundaries of the property occupied by St. Peter's Episcopal Church to remain so deposited.

§ 223-11 Private vaults and privies.

[Amended 1-5-2009 by Ord. No. 72.122.08]
No privy vault or privy shall be erected or maintained at a distance less than 30 inches from any partition fence, adjoining lot or dwelling, unless otherwise specially permitted by the Department of Health, and any person violating any of the provisions of this section, or who, having authority to remove it, shall suffer and allow it to remain after having been notified by the Department of Health, Health Inspector, Commissioner of General Services or Assistant Commissioner of General Services to remove the same, shall incur a penalty in the sum of $10 for each and every day the violation or refusal is continued.

§ 223-12 Cleaning or cutting up of fresh fish.

It shall not be lawful to open, clean, cut up, skin or dress any kind of fresh fish (shell fish excepted) within any of the slips, or within the basin, or in or upon any of the docks or wharves of this City, or within 40 feet from the outer edge of said docks or wharves, or in or upon any street, lane or alley, or in or upon any public square or avenue or vacant lot in said City, under the penalty of $5 for each offense.

§ 223-13 Disposal of garbage after killing any sheep, hogs or cattle.

Every butcher or other person, immediately after killing any beef, calves, sheep, hogs or other cattle, shall destroy the offal, garbage and other offensive and useless parts thereof, or convey the same into some place where they shall not be injurious or offensive to the inhabitants, under the penalty of $25 for every offense.

§ 223-14 Carcass of dead animals.

No person shall cast or leave exposed the dead carcass of any horse, cow, hog, dog or other animal in any street, lane, alley, yard or lot within this City, under the penalty of $25 for every offense.

§ 223-15 Decayed or unsound substances; Department of Health; duty of.

Whenever any putrid or unsound beef, pork, fish, poultry, hides or skins of any kind, or any other putrid or unsound substance, shall be found in any part of the City, it shall be the duty of the officers and members of the police, and the inspectors of the Department of Health, to cause the same to be destroyed, or to be disposed of in such other manner as may be equally secure as regards the public health; and if any person shall resist the said officers, or either of them, in the execution of the duties hereby imposed, or shall disturb, hinder or molest them therein, such offender shall incur a penalty of $25.

§ 223-16 Unlawful to empty, cast or lay contents of tub or privy on public property.

No person shall, under the penalty of $25 for each offense, empty, cast, or lay the contents of any tub or privy in any slip or dock, or in any street, lane or alley, or on any public property.

§ 223-17 Owner responsible for offensive matter; written notice; Department of Health.

Any owner or occupant of any barn, yard, lane, alley or other place, in which there shall be any garbage, dirt, or filth, or any other impure or offensive matter or substance, calculated to create or engender disease, who shall receive a written or printed notice from the Mayor, Department of Health, or the clerk or inspectors thereof, or any officer of the police, to remove the same, and shall not remove the same within 24 hours after the receipt of said notice, shall be liable to pay a penalty of $25 for the first 24 hours' neglect after the same should have been removed, and of $10 for every subsequent 24 hours' neglect, and any tenant of any house, barn or other premises who, upon removal therefrom, shall leave thereon any garbage, ashes, filth, rubbish or any impure or offensive matter of substance shall be guilty of a misdemeanor and punished by a fine of not less than $10, nor more than $25, or by imprisonment in the county jail one day for each dollar of fine unpaid.

§ 223-18 Block or row of buildings; requirements to erect.

It shall not be lawful for any person to erect or construct any block or row of buildings, intended for or to be used as dwellings, on any lot, piece or parcel of ground within the fire limits of the City of Albany, fronting upon any private lane, court or alley, unless such lane, court or alley is of the width of 25 feet, and paved, with a suitable drain therein, connecting with the public drain in the street upon which said lot is situated. The term "block or row of buildings," herein mentioned, shall be taken and construed to apply to any building, continuous or otherwise, extending 30 feet from the line of any street. Any person violating the provisions of this section shall be liable to a penalty of $25 and costs, and to a like penalty for every day after the first conviction that such block or row of buildings shall be suffered by him to remain standing.

§ 223-19 Unlawful to slaughter without Common Council permission within following territory.

It shall not be lawful for any person, without permission from the Common Council, to slaughter cattle, sheep or swine in any building now erected or hereafter to be erected, or otherwise, within the territory hereinafter described; nor shall it be lawful for any person, without such consent, to conduct or carry on any business or occupation within such territory, which shall be noxious to health or comfort, nor shall it be lawful for any person, without such permission, to pollute or suffer or cause to be polluted within said territory, any running stream of water with blood or offal, or other deleterious or offensive matter, from cattle, sheep or swine, nor to permit or suffer any such cattle, to remain within or upon said territory or any portion thereof, whereby the comfort or health of others may be or shall be affected. Any person who shall violate any of the provisions of this section shall incur a penalty of $100 for each offense, to be recovered by civil action in the name of the City of Albany, or by a prosecution before a magistrate as for a criminal offense, as provided by law. The following shall be the territory hereinbefore mentioned, viz.: Commencing at a point on Warren Street, 40 rods west of Allen Street, and running thence on a line down Warren Street to Delaware Avenue; thence along Delaware Avenue to Second Avenue; thence along Second Avenue to the east bounds of the City; thence along the east bounds of the City to a point where the same is intersected by North Ferry Street; thence westerly along North Ferry Street to Broadway; and thence southerly to Van Woert Street; thence westerly along Van Woert Street to Lexington Avenue; thence along Lexington Avenue to Livingston Avenue; thence along Livingston Avenue to a point 160 rods west of Allen Street; thence along a line 160 rods west from Allen Street to Warren Street and the place of beginning.

§ 223-20 Separation of lavatory facilities for female employees.

Every proprietor of a manufactory, bindery, printing office or establishment, workshop or other place of business where women or girls are employed at labor, within the City of Albany, shall erect, maintain and keep in proper repair and condition for use, upon and within such manufactory, bindery, printing office or establishment, workshop or place of business aforesaid, or its appurtenances, a suitable urinal and water closet for the use of said woman and girls so employed, which urinal and water closet shall be distinct and separate from any urinal or water closet used by the male employees of such factory, bindery, printing office, workshop or place of business.

§ 223-21 Penalties for offenses.

Every person who shall neglect to comply with the provisions of § 223-20 of this article shall forfeit and pay the sum of $10 upon conviction thereof and shall also forfeit and pay the sum of $10 for each and every day after such first conviction during which said neglect shall continue.

§ 223-22 Killing, butchering or selling diseased animals.

It shall not be lawful for any person to kill, butcher or sell within the City of Albany (whether alive or butchered, or if in parts or otherwise) any cattle, sheep or hogs subject to any disease, or that may have been bruised, or so debilitated as to injuriously affect their health. Any person offending against the provisions hereby shall be liable to a penalty of not less than $10 nor more than $50 for each offense.

§ 223-23 Disposing of dead animals in Hudson River.

Any person who shall throw, deposit, place or cast, or cause to be thrown, deposited, placed or cast, into the Hudson River, within the limits of the City, or in the Albany Basin any dead animal, ordure, or deleterious, offensive, filthy or impure matter, liquid or thing, including oils of any kind, or who shall place, locate or deposit any dead animal, ordure, or deleterious, offensive, filthy or impure matter, liquid or thing, including oils of any kind, near said river or basin, so that the same or any part thereof may be washed or carried, by rain, flood or otherwise, into said river or basin, shall incur a penalty of not less than $50 nor more than $100 for each offense.

§ 223-24 Establishment of place for depositing dead animals.

The Common Council or Department of Health of the City of Albany shall, whenever deemed advisable, fix and establish some place or places for the depositing or destruction of any dead animals or offensive matter required to be removed from said City.

§ 223-25 Use of appropriate receptacles.

No person or persons shall throw, allow to fall or deposit in any vault, sink, privy or cesspool any offal, ashes, meat, fish, garbage or other substance, except that of which any such place is the appropriate receptacle.

§ 223-26 Burying contents of cesspools.

No tenant, occupant, owner or agent of any building or premises shall employ, cause or permit any part of the contents of any vault, privy, sink or cesspool therein or thereon to be buried or placed upon any lot, ground, yard or any structure, shed or building within the limits of the City, without the permission of said Department of Health.

§ 223-27 Drain to connect vault with main sewer.

Every owner, occupant, tenant or agent of any building or premises adjacent to a street or public place in which there is a main or common sewer shall construct or cause to be constructed a drain to connect each and every vault or privy in such building or upon said premises with said main or common sewer.

§ 223-28 Construction of vault or privy.

Every person or persons who shall construct or cause to be constructed a vault or privy upon any ground which, from its location, subjacent position or otherwise, cannot have access, connection with or passage to some main drain or common sewer, shall cause said vault or privy to be made watertight, to be built of brick or stone and cement, or of wooden planks not less than two inches in thickness. No vault or privy shall contain less than 80 nor more than 216 cubic feet, nor be more than six feet in depth; nor shall any such vault or privy be nearer than 30 inches from an adjacent lot or premises, and every vault or privy shall be so constructed as to be conveniently approached, opened and cleaned.

§ 223-29 Stench traps.

Every sewer or drain leading from a dwelling house or other building in the City of Albany which is or may be inhabited or occupied by a human being shall be provided with a good and sufficient stench trap, which shall be placed therein and connected therewith outside of said dwelling house or other building as aforesaid.

§ 223-30 Penalties for offenses: stench traps.

The owner of any dwelling house or other building described in the foregoing section who shall fail, neglect or refuse to comply with, or in any manner violate the provisions of said section shall incur a penalty of $1 for each and every day of the continuance of such violation, and in addition thereto shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding $50 or imprisonment not exceeding six months for each and every offense.[1]
[1]
Editor's Note: Former Art. III, Department of Public Health, consisting of §§ 223-31 through 223-51, which immediately followed this section, was repealed 2-22-2001 by L.L. No. 1-2001.