Title 18: Parks

Chapter 1: Department of Parks and Recreation

§ 18-101 Department of parks and recreation; commissioner.

  1. Definitions. Whenever used in this title, the following terms shall have the following meanings:

   (1) “Commissioner” means the commissioner of parks and recreation.

   (2) “Department” means the department of parks and recreation.

  1. The commissioner may delegate to an executive officer, an assistant executive officer, a director of maintenance and operation and any or all of the three deputies whom the commissioner is authorized to appoint authority to act generally for or in place of the commissioner, in relation to his or her powers and to perform such of the duties of the commissioner as such commissioner shall deem necessary. Such delegation of authority shall be evidenced by an instrument in writing to be filed in the principal office of the department.

§ 18-102 Uniform force.

  1. The members of the department shall be divided into the administrative and clerical force and the uniformed force.
  2. The commissioner, from time to time, shall prescribe distinctive uniforms, badges and insignia to be worn and displayed by the members of the uniformed force and prescribe and enforce penalties for the failure of any member of such force to wear and exhibit the same while engaged in the performance of his or her duties.

§ 18-103 Trees and vegetation; definitions.

Whenever the word “street” or the plural thereof occurs in sections 18-104, 18-105 and 18-106 of this title, it shall be deemed to include all that is included by the terms street, avenue, road, alley, lane, highway, boulevard, concourse, public square, and public place, or the plurals thereof respectively; the word “tree” or the plural thereof shall be deemed to include all forms of plants having permanent woody self-supporting trunks; the word “vegetation” shall be deemed to include plants collectively of whatever name or nature not included under the term “tree”.

§ 18-104 Trees and vegetation; jurisdiction.

The planting, care and cultivation of all trees and other forms of vegetation in streets shall be under the exclusive jurisdiction of the commissioner, except as otherwise provided in section 18-105 of this title. The commissioner is authorized to use such portions of the parks, for the cultivation of tree plants, as he or she may set apart for that purpose, without detriment to the parks in which such nurseries are established, to enable him or her at all times to have tree plants adapted for growth under the varying conditions of soil and surroundings in streets.

§ 18-105 Trees under private or public ownership; care and cultivation.

All trees in streets, which on investigation are found to be without ownership, shall be under the exclusive care and cultivation of the commissioner, and such commissioner shall employ the most improved methods for the protection and cultivation of the trees selected for preservation, and remove those condemned as unfit for cultivation. Trees found to be in the care of individual owners, corporations, societies, or associations, shall not be subject to the jurisdiction of the commissioner, unless the owners thereof make written application to the commissioner to have such trees transferred to his or her care. If the commissioner approves such transfer, he or she shall forthwith assume full control thereof and the former owner shall be relieved of all expense connected with the cultivation of such trees. In all cases where land-owners, societies or associations elect to plant and cultivate their own trees in streets, such planting and cultivation must conform to the rules and regulations adopted by the commissioner. The commissioner may, however, on the written application of any land-owner, plant and cultivate trees on the streets adjoining his or her land and charge for such service an amount not to exceed the actual cost to the department for labor and materials.

§ 18-105.1 Trees, bushes and other vegetation obstructing a traffic signal or device.

  1. Definitions. For purposes of this section, the following terms shall have the following meanings:

   1. “Traffic control signal” shall mean any such signal as defined in section 154 of the vehicle and traffic law.

   2. “Select traffic control device” shall mean any stop sign, yield sign or do not enter sign.

   3. “Traffic control device” shall mean any traffic control device as defined in section 153 of the vehicle and traffic law, other than a select traffic control device.

  1. The department shall inspect any location within four days of receiving notice that any traffic control signal, select traffic control device or traffic control device at such location is not visible or legible to a motorist who must obey or rely upon such sign due to an obstruction by a tree, bush or other vegetation or any portion thereof.
  2. The department shall within ten days of the inspection required pursuant to subdivision b of this section prune or cause to be pruned any tree, bush or other vegetation found to require pruning because it obstructs any select traffic control device or traffic control signal; provided that the department shall prioritize such pruning the department determines is most immediately needed to correct a hazard.
  3. The department shall within twenty days of the inspection required pursuant to subdivision b of this section prune or cause to be pruned any tree, bush or other vegetation found to require pruning because it obstructs any traffic control device.
  4. The department shall maintain a log of all notices of the type described in subdivision b of this section. Such log shall include the date and time such notice was received, the date and time on which such location was inspected, and the date and time when such tree, bush or other vegetation was pruned or the date and time of a determination that such tree, bush or other vegetation did not require pruning, as applicable.

§ 18-106 Tree planting; permission of commissioner of transportation.

In performing the duties required by sections 18-104 and 18-105 of this title, the commissioner shall not make openings or excavations in any street for the purpose of planting or cultivating trees, without having first obtained the written approval of the commissioner of transportation nor shall any tree be so planted as to permanently interfere with the ordinary usage of the street, nor shall the planting be performed in any case so as to injure or impair any sewer, drain, water pipe, or other structure erected by legal authority.

§ 18-107 Replacement of trees.

  1. Any person that intends to remove any tree that is within the jurisdiction of the commissioner, shall obtain a permit from the department prior to such removal.
  2. The department shall charge a fee for each permit issued pursuant to this section, which shall be sufficient to cover the cost of replacing any tree proposed to be removed. In applying for a permit pursuant to this section, a person shall specify whether such person intends to plant replacement trees as directed by the department or have the department plant replacement trees. If replacement trees are to be planted by the person applying for the permit and are planted as directed by the department, then the department shall return such fee to such person upon completion of such planting. In all other cases, the department shall retain such fee for purposes of planting replacement trees.
  3. Upon determining that a person may be issued a permit pursuant to this section, the department shall inform such person in writing of the fee required, the number and size of the replacement trees to be planted, the method used in making these calculations, and the period of time prescribed by subdivision d or f of this section during which replacement trees shall be planted. Such information shall be provided to such person not more than ninety days following the filing of a completed application for such permit.
  4. The location of replacement tree planting and the timing of such planting shall be as determined by the department horticultural officer, provided, however, that such replacement shall be made within sixty days after the project is completed or in the next ensuing spring or fall season after the project is completed or earlier as agreed by such person and the department. To the extent practicable, replacement trees shall be planted within the same community district from which the trees that were the subject of the permit were removed.
  5. The department shall promulgate such rules as may be necessary to implement the provisions of this section, including but not limited to rules governing the fee to be paid to the department and any method used to calculate the number and size of the replacement trees required to be planted, provided that such replacement trees shall, at a minimum, equal one caliper inch of replacement tree for each caliper inch of tree removed. In promulgating such rules, the department shall substantially comply with guidelines set forth by the international society of arboriculture.
  6. The provisions of this section shall apply to all city agencies, including the department, provided, however, that (i) no city agency or city contractor or subcontractor shall be required to pay a fee to the department, (ii) a tree site plan shall be developed by the department in consultation with the responsible city agency or agencies regarding the location of replacement trees prior to issuance of the permit, and (iii) replacement of trees by any city agency or city contractor or subcontractor shall be made not more than eighteen months from the date the project is completed. season, as determined by such horticultural officer. The amount of the bond as determined by the commissioner shall be sufficient to cover the cost of replacement.

§ 18-108 Public beaches; jurisdiction.

All public beaches laid out on the map or plan of the city shall be under the jurisdiction of the commissioner. The commissioner shall also have charge of the care and maintenance thereof and shall prominently post each beach as having “polluted waters not recommended for bathing” as periodically determined by the commissioner of health.

§ 18-108.1 Prohibitions on beaches.

  1. For the purposes of this section, the following terms shall have the following meanings:

   (1) “All terrain vehicle” or “ATV” shall mean any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on public highways provided that such vehicle does not exceed sixty inches in width, or eight hundred pounds dry weight. This definition shall not include a “snowmobile” or other self-propelled vehicles manufactured for off-highway use which utilize an endless belt tread.

   (2) “Authorized emergency vehicle” shall mean every ambulance, police vehicle or bicycle, correction vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle and ordinance disposal vehicle of the armed forces of the United States.

   (3) “Beach” shall mean land along the shores of an ocean, bay, estuary, inlet or river of New York City landward from the mean low water line extending contiguously to the place where there is a distinct difference in topography which may be demarcated by the furthest of either (i) a vegetation line; (ii) an artifically-made feature generally parallel to the ocean, bay, estuary, inlet or river, such as, but not limited to, a retaining structure, seawall, bulkhead, parking area or road, except that land that extends under an elevated boardwalk is considered to be a part of the beach; or (iii) the landward toe of the dune, which is furthest from the ocean, bay, estuary, inlet or river and twenty-five feet landward from that point.

   (4) “Dune” shall mean a natural or artifically-made ridge or hill of vegetated or drifing windblown soil, the principal component of which is sand, that lies generally parallel to and landward of the shore. However, a dune shall not mean a small mount of loose, windblown sand found on a park, road or structure.

   (5) “Motor vehicle” shall mean any vehicle designed to be operated or driven upon a public highway which is propelled by any power other than muscular power, except (i) electrically-driven mobility devices operated or driven by a person with a disability, (ii) vehicles which run only upon rails or tracks, (iii) snowmobiles as defined in article forty-seven of the vehicle and traffic law, and (iv) all terrain vehicles as defined in article forty-eight-B of the vehicle and traffic law.

   (6) “Motorcycle” shall mean any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

   (7) “Owner” shall mean a person, other than a lien holder, having the property in or title to a vehicle or vessel. The term includes a person entitled to the use and possession of a vehicle or vessel subject to a secutiy interest in another person and also includes any lessee or bailee of a motor vehicle or vessel having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days.

   (8) “Operator” shall mean any person who uses a motorcycle, all terrain vehicle, snowmobile or motor vehicle.

   (9) “Snowmobile” shall mean any self-propelled vehicle designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats.

   (10) “Toe” shall mean the lowest point on a slope of a dune.

  1. No unauthorized person may operate any motorcycle, all terrain vehicle, snowmobile or motor vehicle on a beach under the jurisdiction of the commissioner. An authorized person shall include (1) a person operating a motorcycle, an all terrain vehicle, a snowmobile or a motor vehicle in accordance with a permit issued pursuant to subdivision (g) of this section; and (2) a department employee engaged in the proper and authorized performance of his or her assigned duties, a member of the police department, or an operator of an authorized emergency vehicle engaged in the proper and authorized performance of his or her assigned duties.
    1. A person who violates subdivision (b) of this section shall be guilty of a misdemeanor punishable by not more than ninety days imprisonment or by a fine of not more than one thousand dollars or by both such fine and imprisonment. Notwithstanding the provisions of paragraph nine of subdivision (a) of section five hundred thirty-three of the New York city charter, such person shall also be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars which may be recovered in a proceeding before the environmental control board.

   (2) Where the operator is less than fourteen years of age, a notice of violation of this section shall be personally served upon such operator’s parent or guardian in accordance with the civil practice law and rules. Where the operator is fourteen years of age or over, but less than eighteen years of age, a notice of violation of this section shall be personally served upon such operator and his or her parent or guardian in accordance with the civil practice law and rules.

   (3) Notwithstanding the provisions of any other local law, where a summons or a notice of violation is issued for a violation of subdivision (b), an authorized designee of the commissioner or a member of the police department may seize and impound the motorcycle, all terrain vehicle, snowmobile or motor vehicle.

  1. A motorcycle, all terrain vehicle, snowmobile or motor vehicle seized and impounded pursuant to this section shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the department and proof of payment of any fine or civil penalty imposed for the violation or, if a proceeding in connection with the violation is pending before a court or the environmental control board, upon the posting of a bond or other form of security acceptable to the department in an amount which will secure the payment of such costs and any fine or civil penalty which may be imposed for the violation. If a court or the environmental control board finds in favor of the respondent, the owner shall be entitled forthwith to possession of the motorcycle, all terrain vehicle, snowmobile or motor vehicle without charge and to the extent that any amount has been previously paid for release of the motorcycle, all terrain vehicle, snowmobile or motor vehicle, such amount shall be refunded.
  2. The owner of a motorcycle, all terrain vehicle, snowmobile or motor vehicle shall be given the opportunity for a post seizure hearing within five business days before the environmental control board regarding the seizure. The environmental control board shall render a determination within three business days after the conclusion of the hearing. Where the environmental control board finds that there was no basis for the seizure, the owner shall be entitled forthwith to possession of the motorcycle, all terrain vehicle, snowmobile or motor vehicle without charge and to the extent that any amount has been previously paid for release of the motorcycle, all terrain vehicle, snowmobile or motor vehicle, such amount shall be refunded.
  3. Upon the seizure of a motorcycle, all terrain vehicle, snowmobile or motor vehicle pursuant to this section, the operator shall be given written notice of the procedure for redemption of the motorcycle, all terrain vehicle, snowmobile or motor vehicle and the procedure for requesting a post seizure hearing. Where the operator is not the owner thereof, such notice provided to the operator shall be deemed to be notice to the owner. Where the motorcycle, all terrain vehicle, snowmobile or motor vehicle is registered pursuant to the vehicle and traffic law, such notice shall also be mailed to the registered owner. Where the operator is less than eighteen years old, such notice shall also be either personally served upon the operator’s parent or guardian or mailed to the operator’s parent or guardian if the name and address of such person is reasonably ascertainable.
  4. The commissioner shall have the right to issue a permit to operate a motorcycle, all terrain vehicle, snowmobile or motor vehicle upon any beach for a special purpose, including but not limited to, the recording or filming of audio, video or other electronic media.
  5. The provisions of this section shall be enforced by an authorized designee of the commissioner or by a member of the police department.
  6. The commissioner, in consultation with the police commissioner, shall promulgate such rules as are necessary, (1) to set forth the procedures which must be followed regarding the seizure and release of any motorcycle, all terrain vehicle, snowmobile or motor vehicle pursuant to subdivision (c) of this section; (2) to establish the time within which a motorcycle, all terrain vehicle, snowmobile or motor vehicle which is not redeemed shall be deemed abandoned, and the procedures for subsequent disposal; and (3) to provide for reasonable fees for the transportation and storage of such vehicles.

§ 18-109 Setbacks along boardwalks and beaches.

  1. Any building, whether new or altered, abutting on any boardwalk or public beach that has or is to have an open front or fronts, or in which business is or is intended to be done through windows or doorways, shall have and maintain an adequate setback satisfactory to the commissioner of buildings, such setback to be not less than four feet.
  2. Any person violating any of the provisions of this section, upon conviction thereof, shall be punished by a fine not to exceed ten dollars, or by imprisonment, not to exceed ten days, or by both.
  3. This section shall not prevent or make unlawful the installation of footings for temporary barriers or shields in accordance with section 3202.1.1.1 of the New York city building code or temporary flood shields, stairs or ramps in accordance with section 3202.4.3 of the New York city building code.

§ 18-110 Public beaches; life-saving apparatus.

The commissioner may furnish, erect and maintain on any public beach any life-saving apparatus, appliances and paraphernalia, for the protection and safety of bathers which any law, rule or regulation now or hereafter may require keepers of bathing establishments along the seashore to furnish and maintain. During such period as the commissioner shall furnish and maintain the same, the duty of keepers of bathing establishments on, near or along the inshore line of any such public beach to do so shall be suspended. If for any period the commissioner shall not furnish and maintain the same such commissioner shall, under such rules and regulations as he or she may establish therefor, issue permits to such keepers to furnish, erect and maintain the same.

§ 18-111 Gifts of real and personal property.

  1. Gifts of real and personal property, except such surplus animals and duplicate specimens as the commissioner may deem it judicious to dispose of by sale or otherwise, shall be forever properly protected, preserved and arranged for public use and enjoyment.
  2. The commissioner, with his or her annual report, shall make a statement of the condition of all the gifts, devises and bequests of the previous year, and of the names of the persons making the same.

§ 18-112 Restrictions on Eastern parkway, etc.

  1. It shall be unlawful for buildings or other erections, except porches, piazzas, fences, fountains and statuary to remain or at any time to be placed upon any of the lots fronting upon Eastern parkway, from Washington avenue easterly to the extension of Eastern parkway, or upon the extension of Eastern parkway to Bushwick avenue, within thirty feet from the line or sides of such streets respectively.
  2. The intervening spaces of land on each side of Eastern parkway and the Eastern parkway extension shall be used only for court-yards, and may be planted with trees and shrubbery, and may be otherwise ornamented at the discretion of the respective owners or occupants thereof.
  3. Any building standing on April twenty-fourth, nineteen hundred three, or that may have been or may be erected thereafter, on any lot fronting or to front on either Union street or Lincoln place, easterly from New York avenue to the former city line of Brooklyn, shall never be used for any purpose other than a dwelling house, church, chapel or school house, stable, carriage house, conservatory for plants or a green house; but no livery or railway stable or carhouse shall at any time be erected or maintained upon any of such lots.
  4. It shall be unlawful to erect, establish or carry on, in any manner whatever, upon any lot fronting upon Eastern parkway or its extension to Bushwick avenue, or upon any lot bounded by either Union street or Lincoln place, easterly from New York avenue to the former city line of Brooklyn, or upon the streets intersecting Eastern parkway between St. Johns Place and President street, any slaughter-house, tallow chandlery, furnace, foundry, nail or other factory, or any manufactory for making starch, glue, varnish, vitriol, oil or gas, or for tanning, dressing, repairing or keeping skins, hides or leather, or any distillery, brewery or sugar bakery, lime kiln, railway or other stable, or depot, or any other manufactory, trade, business or calling, which may be in anywise dangerous, obnoxious or offensive to the neighboring inhabitants.

§ 18-113 Restrictions on Ocean parkway.

  1. It shall be unlawful for buildings or other erections, except porches, piazzas, fences, fountains and statuary, to remain or at any time to be placed upon Ocean parkway within thirty feet from the outside lines thereof. In addition thereto, such space on each side of such parkway shall be used only for courtyards, and may be planted with trees and shrubbery, and may be otherwise ornamented at the discretion of the respective owners or occupants thereof. Such use and ornamentation shall be under the direction of the department.
  2. It shall be unlawful to erect, establish or carry on, in any manner whatever, upon any lot fronting upon Ocean parkway, any slaughter-house, tallow chandlery, furnace, foundry, nail or other factory, or any manufactory for making starch, glue, varnish, vitriol, oil or gas, or for tanning, dressing, repairing or keeping skins, hides or leather, or any distillery, brewery or sugar bakery, lime kiln, railway or other stable, or depot, or any other manufactory, trade, business or calling, which may be in anywise dangerous, obnoxious or offensive to the neighboring inhabitants.
  3. This section shall not prevent or make unlawful the installation of footings for temporary barriers or shields in accordance with section 3202.1.1.1 of the New York city building code or temporary flood shields, stairs or ramps in accordance with section 3202.4.3 of the New York city building code.

§ 18-114 Coney island oceanarium.

The commissioner may enter into an agreement with the New York Zoological Society for the operation and maintenance by such New York Zoological Society of certain premises and approaches thereto to be constructed at Coney Island in the borough of Brooklyn, to be known as the oceanarium, and for the adequate keeping, maintenance, extension, preservation, management, operation and exhibition by such New York Zoological Society of collections of aquatic animals and plants therein and for the furnishing by such New York Zoological Society of opportunities for study, research and publication in connection with such collections. Such contract shall become effective only upon the approval of the mayor. Upon the making of such contract, the city may annually, in its discretion, appropriate to the said New York Zoological Society such sum or sums as it may determine for the maintenance and support of the said oceanarium and the activities of the said New York Zoological Society in connection therewith.

§ 18-115 Richmondtown exhibit.

  1. The commissioner may enter into an agreement with the Staten Island Historical Society for the further restoration, operation, maintenance and management of the historical village known as Richmondtown, located at Richmondtown in the borough of Richmond, and for the operation, maintenance and exhibition by such Staten Island Historical Society of the group of historical buildings and museums therein containing exhibits portraying community life on Staten Island from the seventeenth through the nineteenth centuries. Such contract shall become effective only upon the approval of the mayor.
  2. Upon the making of such contract, the city may annually, in its discretion, appropriate to the said Staten Island Historical Society such sums as it may determine for the further restoration, care and maintenance of the said historical village of Richmondtown.
  3. The building or buildings and grounds so to be operated by the Staten Island Historical Society shall be open to the public with or without admission fee as shall be authorized by the board of directors of said Staten Island Historical Society with the consent and approval of the commissioner.

§ 18-116 Garage in Lincoln Square Performing Arts Center.

The mayor, upon the recommendation of the commissioner, may provide for the construction by the city acting by the commissioner and for the operation and maintenance by the city through the commissioner or by a person, firm or corporation under permit or license from the commissioner, with the approval of the mayor, of a surface or subsurface garage upon and under the public park property in Lincoln Square Performing Arts Center for the purpose of accommodating persons using the facilities included in the Performing Arts Center and the adjacent public parks. With the consent of the mayor and upon obtaining the approvals of the departments having jurisdiction of the subject matter involved herein, the commissioner may provide for the sale of gasoline and oil and the furnishing of minor motor vehicle repairs and services in such garage premises, notwithstanding the provisions of any law, rule, regulation or zoning resolution of the city to the contrary.

§ 18-117 Perkins arboretum.

  1. The commissioner shall have jurisdiction over and may conduct, operate and maintain or enter into an agreement as authorized by subdivision c of this section, for the conduct, operation and maintenance of certain premises formerly owned by Evelina B. Perkins and Dorothy Perkins Freeman located at Riverdale in the borough of the Bronx and conveyed to the city, as an arboretum to be known as the Perkins Garden to be used:

   (i) for the study and exhibition of plant life and plantings suitable to the city of New York with special reference to the problems affecting growers of plants under urban conditions, and the promotion of extensive and effective use of plants and as a place for rest and passive recreation,

   (ii) as a center for environmental and ecological studies, including oceanography, the ecology of the Hudson river, the city of New York and of the air and waters about it, urban management and planning, and the improvement of the urban environment (such studies may include but shall not be limited to scientific investigations, classes, demonstrations, exhibitions, lectures, educational activities, conferences and publications), and

   (iii) as a place for such other educational and cultural activities compatible with the foregoing purposes as Wave Hill, Incorporated, with the concurrence of the commissioner shall in the discretion of its board of directors permit to be conducted.

  1. In the event that the commissioner shall determine that Perkins Garden shall be operated and maintained by the department, said commissioner shall have power:

   1. To make and promulgate rules and regulations for the use of the premises described in this section including provisions for entrance and admission charges to the premises or any part thereof and for life, annual or other periodic memberships in the activities of the arboretum in exchange for the payment of dues or fees.

   2. In connection with the operation of said arboretum, to provide and enter into agreements with persons, firms and corporations for the parking of automobiles, instruction in the activities of the arboretum, the sale of books, pamphlets and other publications, the sale of seeds, bulbs, plants and botanical cuttings, the conduct of cultural activities, the sale of food, at, but not limited to a restaurant, and to make provision for the charges to be made and fees to be paid for such sales and services regardless of whether the same shall be made or provided by the commissioner or others.

  1. In lieu of such operation and maintenance by the department, the commissioner may, in his or her discretion, enter into an agreement with Wave Hill, Incorporated, for so long as it remains a non-profit membership corporation no part of the net earnings of which inures to the benefit of any member thereof or any other person and no part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation, or any such corporation which is a successor to Wave Hill, Incorporated, for the operation and maintenance by such corporation of the Perkins Garden for the purposes described in subdivision a of this section. Such agreement shall become effective only upon the approval of the mayor, and, notwithstanding any other provision of law, may provide for and authorize ex officio membership on the board of directors of such corporation, of the mayor, the borough president of the Bronx and the commissioner. Such agreement may also provide that (1) such corporation may charge such fees as may be approved by the commissioner for entrance and admission to the premises or any part thereof and for life, annual or other periodic memberships in the activities of the arboretum in exchange for the payment of dues or fees; (2) such corporation may retain such fees and apply them to the operation and maintenance of the Perkins Garden; (3) such corporation may exercise, subject to the approval of the commissioner, any or all of the powers specified in subdivision b of this section; (4) such corporation may from time to time enter into agreements with any agency of the city or the state or any non-profit corporation or association allowing it or them to occupy a portion of the Perkins Garden for one or more of the purposes specified in subdivision a hereof, any such agreement with a nonprofit corporation or association to be only for so long as no part of its net earnings inures to the benefit of any member thereof or any other person and no part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation; and (5) such other terms and conditions as may be necessary or desirable to effectuate the purposes of this section. Upon the making of such contract, the city, in its discretion, may annually appropriate for such corporation, from city funds and from the funds in the special bank account established pursuant to subdivision d hereof, such sum or sums as it may determine for the maintenance and support of the Perkins Garden and the activities of Wave Hill, Incorporated, in connection therewith.
  2. The comptroller shall deposit in a special bank account or accounts any and all sums of money received by him or her including whatever endowment fund may be received from the donors of the land and the funds received from all sources in connection with the operation of the said arboretum and its appurtenant services. Such moneys shall be used and applied solely to the conduct, operation, maintenance and improvement of such arboretum and the premises described in this section. If the Perkins Garden shall be maintained and operated by the department as authorized by subdivision b of this section, the commissioner shall have power to make necessary and required withdrawals and payments from such account or accounts. The provisions of this subdivision shall not apply to funds which may be appropriated by the city for the operation, maintenance and conduct of the arboretum or for the activities of Wave Hill, Incorporated, in connection therewith.
  3. Notwithstanding the provisions contained in subdivision a of this section, in the event the commissioner elects to enter into an agreement with Wave Hill, Incorporated, such agreement may provide, in part, that a lease be entered into between Wave Hill, Incorporated and the board of higher education of the city of New York for a period of two and onehalf years, renewable at the option of the parties thereto and the commissioner for one additional period of two and one-half years. Such lease shall provide for the occupation by the board of higher education of the city of New York of part of the presently existing facilities of Perkins Garden for the purpose of carrying on oceanographic studies. Such occupation of the present Perkins Garden facilities shall be on such terms as approved by the commissioner, and shall not provide for (1) the construction of any structure; or (2) the alteration of any part of the landscape; or (3) the use of parking facilities by the board of higher education of the city of New York employees or agents, except as expressly permitted by the commissioner. The commissioner shall have sole authority to require further provisions in such lease in order to insure conformance with the purposes of Perkins Garden as contained in subdivision a of this section.
  4. It is the intent of the legislature in enacting subdivision e of this section that an absolute prohibition be placed on the further construction of any substantial structure or additional parking facilities not in furtherance of the purposes of Perkins Garden as contained in subdivision a of this section.

§ 18-118 Renting of stadium in Flushing Meadow park; exemption from down payment requirements.

  1. Notwithstanding any other provision of law, general, special or local, the city, acting by the commissioner, with the approval of the board of estimate, is hereby authorized and empowered from time to time to enter into contracts, leases or rental agreements with, or grant licenses, permits, concessions or other authorizations to, any person or persons, upon such terms and conditions, for such consideration, and for such term of duration as may be agreed upon by the city and such person or persons, whereby such person or persons are granted the right, for any purpose or purposes referred to in subdivision b of this section, to use, occupy or carry on activities in, the whole or any part of a stadium, with appurtenant grounds, parking areas and other facilities, to be constructed by the city on certain tracts of land described in subdivision c of this section, being a part of Flushing Meadow park and situated in the borough of Queens, city and state of New York, title to which tracts is now in the city. Prior to or after the expiration or termination of the terms of duration of any contracts, leases, rental agreements, licenses, permits, concessions or other authorizations entered into or granted pursuant to the provisions of this subdivision and subdivision b of this section, the city, in accordance with the requirements and conditions of this subdivision and subdivision b of this section, may from time to time enter into amended, new, additional or further contracts, leases or rental agreements with, and grant new, additional or further licenses, permits, concessions or other authorizations to, the same or any other person or persons for any purpose or purposes referred to in subdivision b of this section.
  2. Any contract, lease, rental agreement, license, permit, concession or other authorization referred to in subdivision a of this section may grant to the person or persons contracting with the city thereunder, the right to use, occupy or carry on activities in, the whole or any part of such stadium, grounds, parking areas and other facilities, (1) for any purpose or purposes which is of such a nature as to furnish to, or foster or promote among, or provide for the benefit of, the people of the city, recreation, entertainment, amusement, education, enlightenment, cultural development or betterment, and improvement of trade and commerce, including professional, amateur and scholastic sports and athletic events, theatrical, musical or other entertainment presentations, and meetings, assemblages, conventions and exhibitions for any purpose, including meetings, assemblages, conventions and exhibitions held for business or trade purposes, and other events of civic, community and general public interest, and/or (2) for any business or commercial purpose which aids in the financing of the construction and operation of such stadium, grounds, parking areas and facilities, and any additions, alterations or improvements thereto, or to the equipment thereof, and which does not interfere with the accomplishment of the purposes referred to in paragraph one of this subdivision. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the people of the city and for the improvement of their health, welfare, recreation and prosperity, for the promotion of competitive sports for youth and the prevention of juvenile delinquency, and for the improvement of trade and commerce, and are hereby declared to be public purposes.
  3. The tracts of land referred to in subdivision a of this section are more particularly described as follows:

   1. The area of land bounded on the north by the south side of Northern boulevard, on the east by the west side of One hundred twenty-sixth street, on the south by the north side of Roosevelt avenue, and on the west by the east side of Grand Central parkway.

   2. The area of land bounded on the north by the south side of Roosevelt avenue, on the east by the west side of One hundred twenty-sixth street, on the south by lands of the city of New York occupied by the New York city transit authority, and on the west by the east side of Grand Central parkway, excepting from such area of land, the portion thereof fronting on Roosevelt avenue occupied by such authority as a substation.

  1. Notwithstanding the foregoing provisions of this section or the provisions of any other law, general, special or local, the commissioner, acting in behalf of the city, is hereby authorized and empowered, without the approval of the board of estimate, to enter into contracts, leases or rental agreements with or grant licenses, permits, concessions or other authorizations to any person or persons, upon such terms and conditions and for such consideration as may be agreed upon by the commissioner and such person or persons, for terms of duration, which, in the case of each such contract, lease, rental agreement, license, permit or other authorization, including renewals, shall not be in excess of one year, whereby such person or persons are granted the right to use, occupy or carry on activities in, the whole or any part of such stadium, grounds, parking areas and other facilities, for any purpose or purposes referred to in subdivision b of this section. Upon the expiration of the terms of duration of any of such contracts, leases, rental agreements, licenses, permits, concessions or other authorizations entered into or granted pursuant to the provisions of this subdivision, or within thirty days prior to such expiration or termination, the commissioner, in accordance with the requirements and conditions of this subdivision, acting in behalf of the city, and without the approval of the board of estimate, may from time to time enter into new, additional or further contracts, leases or rental agreements with, and may grant new, additional or further licenses, permits, concessions or other authorizations to, the same or any other person or persons for any purpose or purposes referred to in subdivision b of this section.
  2. Notwithstanding the provisions of section 107.00 of the local finance law, for the purpose of financing and paying the cost of the construction of such stadium, grounds, parking areas and facilities, and the construction of any additions, alterations or improvements thereto or to the equipment thereof, including a roof for such stadium and increased seating capacity therein, the city is hereby authorized and empowered, without providing from current funds any part of such cost or otherwise complying with the provisions of section 107.00 of such law, but upon compliance by the city with all other applicable provisions of the local finance law, to issue bonds and bond anticipation notes and to make expenditures from the proceeds of such bonds and bond anticipation notes or from any fund into which such proceeds are paid.

§ 18-119 Queens Zoological and Botanical Gardens.

The commissioner may enter into an agreement with New York World’s Fair 1964-1965 Corporation and the Queens Botanical Garden Society, Inc. for the operation and maintenance by such Queens Botanical Garden Society, Inc. of the botanical garden and arboretum which was constructed by New York World’s Fair 1964-1965 Corporation in Kissena Corridor Park in the borough of Queens on land now under lease from the city of New York to the New York World’s Fair 1964-1965 Corporation, and for the adequate keeping, maintenance, extension, preservation, management, and operation of such botanical garden and arboretum for the collection and culture of plants, flowers, shrubs and trees, the advancement of botanical science and knowledge and the prosecution of original researches therein and in kindred subjects, for affording instruction in the same, for the prosecution and exhibition of ornamental and decorative horticulture and gardening, and for the entertainment, recreation and instruction of the people. The term of such agreement shall commence upon the completion of construction of such botanical garden and arboretum. Such agreement shall become effective only upon the approval of the mayor and may provide, in addition to other terms and conditions, for use, with the approval of New York World’s Fair 1964-1965 Corporation, of such botanical garden and aboretum for exhibits connected with the World’s Fair held in the city of New York during the years nineteen hundred sixty-four-nineteen hundred sixty-five and for membership on the board of directors of Queens Botanical Garden Society, Inc. of the mayor and the commissioner and the president of the borough of Queens, and their successors in office. The commissioner may enter into an agreement with Queens Botanical Garden Society, Inc. for the operation and maintenance by Queens Botanical Garden Society, Inc. of a zoo on the land hereinabove described, or other park land which may be made available for such purpose in the future, and for the adequate keeping, maintenance, extension, preservation, management and operation of such zoo for the exhibition of animals and birds, all for the instruction, entertainment, and recreation of the people. Said agreement may also provide for the construction of such zoo by the New York World’s Fair 1964-1965 Corporation, the city of New York or both. Such agreement shall become effective only upon the approval of the mayor. Upon completion of the construction of said botanical garden and arboretum, the city may annually, in its discretion, appropriate for the Queens Botanical Garden Society, Inc. such sum or sums as it may determine for the construction, keeping, maintenance, extension, preservation, management and operation of the said zoo, botanical garden and arboretum and the activities of the Queens Botanical Garden Society, Inc. in connection therewith. The facilities operated and maintained by said Queens Botanical Garden Society, Inc. pursuant to the agreement or agreements referred to in this section shall be known as and bear the name “Queens Zoological and Botanical Gardens.” All references in this section to Queens Botanical Garden Society, Inc. shall be deemed to refer to that corporation under its present name or under any name which shall hereafter be used by it.

§ 18-120 Hall of science.

The commissioner, subject to the approval of the mayor, may enter into an agreement with a nonprofit corporation or association organized or to be organized for the sole purpose of operating and maintaining a scientific exhibit or exhibits, for the construction, occupation, operation and maintenance by such corporation or association of a hall of science or scientific exhibits within Flushing Meadow park in the borough of Queens and for the adequate keeping, maintenance, extension, preservation, management and operation of such hall of science and scientific exhibits for affording instruction in the same and for the exhibition of scientific matters and objects for the entertainment, recreation and instruction of the people. Such contract may provide in addition to other terms and conditions, for use, with the approval of the New York World’s Fair 1964-1965 Corporation, of such facilities for scientific exhibits connected with the World’s Fair held in the city of New York during the years nineteen hundred sixty-four-nineteen hundred sixty-five as said New York World’s Fair 1964-1965 Corporation shall agree to and for the continued use of such facilities and exhibits thereafter and for membership on the board of directors of such corporation or association of the mayor and the commissioner and the president of the borough of Queens, and their successors in office. Upon the making of such contract or agreement, the city may annually, in its discretion, appropriate to the corporation or association maintaining such hall of science and other exhibits such sum or sums as it may determine for the maintenance and support thereof and the activities in connection therewith.

§ 18-121 High Rock Park Nature Conservation Center.

The commissioner, notwithstanding the provisions of section 15.09 of the parks, recreation and historic preservation law, may enter into an agreement with the Staten Island Institute of Arts and Sciences, for a period of not more than ten years, for the maintenance and operation of a nature conservation center on premises known as High Rock Park. Such agreement shall become effective only upon approval by the mayor. Said agreement shall include a clause providing for its termination if the institute ceases to be a non-profit membership corporation, no part of the net earnings of which inures to the benefit of any member thereof. The conservation center shall serve the entertainment, recreational and educational needs of the people, and necessary incidental and informational services may be rendered. All references in this section to the Staten Island Institute of Arts and Sciences shall be deemed to refer to the corporation under its present name or under any name which shall hereafter be used by it.

§ 18-122 Bicycle and tricycle areas in parks.

  1. Legislative intent. The city council hereby declares that a drastically high number of adults and children are annually killed and injured by motor vehicles while operating bicycles and tricycles in the streets of our city and countless pedestrians have been injured by the operation of bicycles and tricycles on sidewalks and pedestrian walks in parks. Although the riding of bicycles and tricycles is healthy and wholesome and a normal activity for developing youngsters, the streets and sidewalks of the city of New York are highly congested and, in most areas, dangerous. The safety of the children of New York city requires that a maximum number of off-street areas be developed for the operation of bicycles and tricycles in local communities, and it is impossible to adequately meet this problem except by a large centralized riding area in each borough. It is the intent of the council to assure the broad development of such a program by this legislation.
  2. Designation areas.

   1. The commissioner shall cause to be created and maintained, in all parks whose total area exceeds five acres, adequate areas appropriately designed for the use of bicycles and of tricycles.

   2. Such areas shall be designed and constructed in accordance with plans and specifications approved by the commissioner.

   3. For purposes of this section, the word “areas” shall mean and include “bicycle paths” at least one mile long in parks whose area is greater than twenty-five acres, “bicycle tracks” at least one-quarter of a mile long in parks whose area is greater than five acres, and “tricycle circles” located close to adequate seating space for adults.

§ 18-123 Brooklyn Children’s Museum in Brower Park.

The commissioner of cultural affairs may enter into an agreement with the Brooklyn Children’s Museum, Inc. for the maintenance and operation by the Brooklyn Children’s Museum, Inc. of the Brooklyn Children’s Museum situated in Brower Park, in the borough of Brooklyn, as the same is presently constructed and established, and as it may be enlarged and improved. Such agreement shall become effective only upon approval by the mayor. Upon the making of such contract, the city may, in its discretion, annually appropriate to the Brooklyn Children’s Museum, Inc. such sum or sums of money as it may determine are needed for the maintenance and support of the said Brooklyn Children’s Museum and the activities of the Brooklyn Children’s Museum, Inc. in connection therewith.

§ 18-124 Art museum.

The commissioner, subject to the approval of the mayor, may enter into an agreement with a nonprofit corporation or association, organized or to be organized for the purpose of establishing, operating and maintaining an art museum, for the occupation, operation and maintenance by such corporation or association of an art museum in any existing building or buildings or part thereof or in any building or buildings or part thereof hereafter to be constructed in Flushing Meadow park, in the borough of Queens and for the adequate keeping, maintenance, extension, preservation, management and operation of such art museum, for the collection and exhibition of objects of art, the advancement of knowledge concerning art, the prosecution of original researches relating to art and kindred subjects, for affording instruction in the same and for the entertainment, recreation and instruction of the people. Such agreement may provide, in addition to other terms and conditions, for membership on the board of directors or board of trustees of such corporation or association of the mayor and the commissioner and the president of the borough of Queens, and their successors in office. Upon the making of such agreement, the city of New York may annually, in its discretion, appropriate to the corporation or association maintaining such art museum such sum or sums as it may determine for the maintenance and support thereof and the activities in connection therewith.

§ 18-125 Thomas Pell Wildlife Refuge and Sanctuary.

The commissioner shall set aside as a haven and preserve for wildlife, four sections of park lands in the northwestern portion of Pelham Bay Park designated on the official maps of the department as proposed sanitation landfill areas II, III, IV and VI, broadly described as follows:

  1. Area II, an irregularly-shaped parcel bounded on the north and northeast by the Hutchinson river parkway and Rock uplands, on the east by the Split Rock golf course, on the south by the New York, New Haven and Hartford railroad tracks and on the west by Bartow road, and running through the center thereof, a substantial portion of Goose creek.
  2. Area III, an irregularly-shaped parcel bounded on the north by an area of land south of the Hutchinson parkway and the Bartow road exit from said parkway, on the east by a land area west of Bartow road, on the south by the tracks of the New York, New Haven and Hartford railroad tracks and on the west by the center line of the Hutchinson river, but to include Goose island.
  3. Area IV, an irregularly-shaped parcel of land bounded on the north by the New England thruway, on the east by the Hutchinson parkway, and on the south and on the west by the center line of the Hutchinson river.
  4. Area VI an irregularly-shaped parcel of land bounded on the north and west by the Hutchinson river, on the east and south by Shore road, said land being known as Tallapoosa west. Excluding, however, Tallapoosa east in said park lands which has been designated as a landfill area for use by the department of sanitation. The commissioner may enter into an agreement with a nonprofit organization for the operation and maintenance by such organization of the areas hereinabove referred to for the adequate keeping, maintenance, management, operation and preservation by such organization of the animals, aquatic animals, migratory and resident fowl and songbirds, fish and other flora and fauna indigenous to the area, to establish collections of specimens and provide interested nature lovers and educational institutions with opportunities for study and research in the areas. Upon the making of such agreement, the city may annually, in its discretion, appropriate to the operating organization such sum or sums as it may determine for the maintenance and support of the Thomas Pell Wildlife Refuge and Sanctuary and the activities of the operating organization in connection therewith. The failure of the commissioner to enter into such an agreement shall in no way alter the status of the abovedescribed areas as wildlife sanctuaries.

§ 18-126 Hunter Island Marine Zoology and Geology Sanctuary.

The commissioner shall set aside as a zoological and geological haven and preserve, the section of park lands and lands under water in the northeastern portion of Pelham Bay park designated on the official maps of the department as proposed sanitation land fill area V broadly described as follows: Area V, an irregular N-shaped area of marsh lands and lands under water running from a point where the sand of Orchard beach terminate in Long Island sound at the extreme northern tip of the beach, thence northwesterly to the eastern shore of Hunter island, thence northeast along the high water mark line of the eastern shore of Hunter island to that point of the island which still faces east into Long Island sound, thence in a wide arc going easterly and southerly, through the waters of Long Island sound, including within the arc the islands known as Cat Briars island or One Tree island, and Twin islands, back to the point of beginning. The commissioner may enter into an agreement with a nonprofit organization for the operation and maintenance by such organization of the areas hereinabove referred to for the adequate keeping, maintenance, management, operation and preservation by such organization of the animals, aquatic animals, migratory and resident fowl and songbirds, fish and other glacial or post glacial flora and fauna indigenous to the area, to establish collections of specimens and provide interested individual nature lovers and educational institutions with opportunities for study and research in the areas. Upon the making of such agreement, the city may annually, in its discretion, appropriate to the operating organization such sum as it may determine for the maintenance and support of the Hunter Island Marine Zoology and Geology Sanctuary and the activities of the operating organization in connection therewith. The failure of the commissioner to enter into such an agreement shall in no way alter the status of the above described areas as a marine zoology and geology sanctuary.

§ 18-127 Central Park Zoo; Flushing Meadow Zoo; Prospect Park Zoo.

Notwithstanding any other provision of law, the commissioner may enter into agreements with the New York Zoological Society for the planning, maintenance and operation by such society of zoos and zoological parks on the premises known as the Flushing Meadow Zoo, the Prospect Park Zoo and/or the Central Park Zoo, for the transfer of the animal collections and equipment at such zoos to such society and for purposes and programs incidental and related thereto. Such agreements shall become effective upon approval by the board of estimate.

§ 18-128 Renting of tennis stadium and center in Flushing Meadows-Corona Park.

  1. Notwithstanding any other provision of law, general, special or local, the city, acting by the commissioner is hereby authorized and empowered to enter into contracts, long-term leases or rental agreements with, or grant licenses, permits, concessions or other authorizations to, the USTA National Tennis Center Incorporated, its affiliates, successors or mortgagees, or assigns in connection with or pursuant to a mortgage or other financing (including an assignment by a mortgagee) (“NTC”) upon such terms and conditions, for such consideration, and for such term of duration as may be agreed upon by the city and the NTC, whereby the NTC is granted the right, for any purpose or purposes referred to in subdivision b of this section, to use, occupy or carry on activities on certain tracts of land described in subdivision c of this section, including the facilities constructed on such tracts of land, being a part of Flushing Meadows-Corona Park and situated in the borough of Queens, city and state of New York, title to which tracts is now in the city, with rights of ingress and egress thereto and therefrom, together with appurtenant rights to use areas within the park other than those described in subdivision c of this section, upon such terms and conditions as agreed upon by the commissioner, for up to sixty days in any calendar year for ancillary parking to support the U.S. Open Tennis Championships or other similar competitive tennis events. Prior to or after the expiration or termination of the terms of duration of any contracts, leases, rental agreements, licenses, permits, concessions or other authorizations entered into or granted pursuant to the provisions of this subdivision and subdivision b of this section, the city, in accordance with the requirements and conditions of this subdivision and subdivision b of this section, may from time to time enter into amended, new, additional or further contracts, leases or rental agreements with, and grant new, additional or further licenses, permits, concessions or other authorizations to the NTC or other person for any purpose or purposes referred to in subdivision b of this section; provided however, that any such lease entered into with a person other than the NTC shall not exceed a period of more than one year and shall not be renewable; and provided further that upon the expiration of such one year period, the city may not enter into any further leases for the lands and facilities described in this section.
  2. Any contract, lease, rental agreement, license, permit, concession or other authorization referred to in subdivision a of this section may grant to the NTC or other person, the right to use, occupy or carry on activities in, the whole or any part of such tracts of land, including such facilities constructed on such tracts of land, (1) for any purpose or purposes which is of such nature as to furnish to, or foster or promote among, or provide for the benefit of, the people of the city, recreational use and activities including entertainment, amusement, education, enlightenment, cultural development or betterment, and improvement of trade and commerce, including professional, amateur and scholastic sports and athletic events, theatrical, musical or other cultural and entertainment presentations, and meetings, assemblages, conventions and exhibitions, including those held for business or trade purposes, and other events of charitable, civic, community and general public interest, and/or (2) for any charitable, business or commercial purpose which aids in the operation of the facilities constructed on such tracts of land and which does not interfere with the accomplishment of the purposes referred to in paragraph (1) of this subdivision. Any such lease, rental agreement, license, permit, concession or other authorization shall contain provisions with respect to: the establishment of a fund by the NTC to be used by the city, with the approval of the commissioner after consultation with the borough president, for park improvement purposes; the operation of expanded public programs designed to meet the needs of the community, and to encourage broad participation by the public in the sport of tennis as agreed to by the commissioner; and the implementation of non-discrimination and affirmative action policies. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the people of the city and for the improvement of their health, welfare, recreation and prosperity, for the promotion of competitive sports for youth and the prevention of juvenile delinquency, lessening of the burdens of government, and for the improvement of trade and commerce, and are hereby declared to be public purposes.
  3. The tracts of land referred to in subdivision a of this section are more particularly described as follows: All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Flushing Meadows-Corona Park in the borough of Queens, city and state of New York bounded and described as follows:

   1. BEGINNING at a point being the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C. Alteration Maps number 4164, 4179 and 4496; Running thence North 36°-13’-30” East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to a point; Running thence North 49°-26’-52” East, a distance of 245.50 feet to a point of curvature; Running thence along a curve, bearing to the left and having a central angle of 13°-13’-20” and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency; Running thence North 36°-13’-33” East, a distance of 211.45 feet to a point; Running thence South 54°-01’-05” East, a distance of 245.89 feet to a point; Running thence South 35°-58’-51” West, a distance of 7.98 feet to a point; Running thence South 54°-01’-05” East, a distance of 39.78 feet to a point; Running thence North 35°-46’-36” East, a distance of 8.27 feet to a point; Running thence South 54°-01’-05” East, a distance of 25.80 feet to a point of non-tangency; Running thence along a curve, bearing to the left and having a central angle of 58°-23’-39”, a radius of 130.00 feet and a radial bearing of North 65°-23’-12” East, a distance of 132.49 feet to a point of non-tangency; Running thence South 11°-06’-58” East, a distance of 860.65 feet to a point; Running thence South 21°-52’-59” West, a distance of 55.13 feet to a point; Running thence South 51°-38’-00” West, a distance of 13.36 feet to a point of tangency; Running thence along a curve, bearing to the left and having a central angle of 13°-18’-06”, a radius of 467.00 feet and a distance of 132.49 feet to a point; Running thence South 38°-20’-00” West, a distance of 251.91 feet to a point; Running thence South 37°-02’-43” West, a distance of 88.98 feet to a point; Running thence South 38°-20’-00” West, a distance of 297.32 feet to a point; Running thence South 38°-23’-12” West, a distance of 211.85 feet to a point; Running thence South 38°-32’-31” West, a distance of 200.00 feet to a point; Running thence North 55°-21’-03” West, a distance of 14.76 feet to a point; Running thence South 38°-45’-41” West, a distance of 32.45 feet to a point of non-tangency; Running thence along a curve, bearing to the right and having a central angle of 5°-34’-27”, a radius of 7,000.00 feet and a radial bearing of North 33°-38’-33” East, a distance of 681.01 feet to a point of tangency; Running thence North 50°-47’-00” West, a distance of 403.24 feet to the POINT AND PLACE OF BEGINNING. The area of this parcel is 1,855,082 sq. ft. (42.5868 acres) and the total perimeter is 5,500.45 feet.

   2. BEGINNING at a point being the following courses and distances from the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C. Alteration Maps numbers 4164, 4179 and 4496;

      (1) Running thence North 36°-13’-30” East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to a point;

      (2) Running thence North 49°-26’-52” East, a distance of 245.50 feet to a point of curvature;

      (3) Running thence along a curve, bearing to the left and having a central angle of 13°-13’-20” and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency;

      (4) Running thence North 36°-13’-33” East, a distance of 460.50 feet to a point;

      (5) Running thence South 53°-51’-28” East, a distance of 89.31 feet to the POINT OR PLACE OF BEGINNING; Running thence North 35°-59’-23” East, a distance of 168.81 feet to a non tangent point of curvature; Running thence along a curve, bearing to the left and having a central angle of 5°-13’-58”, a radius of 588.03 feet and a radial bearing of North 57°-54’-08” West, a distance of 53.70 feet to a point of tangency; Running thence North 26°-51’-55” East, a distance of 67.58 feet to a point of curvature; Running thence along a curve, bearing to the right and having a central angle of 10°-03’-52” and a radius of 329.01 feet, a distance of 57.80 feet to a point (not a point of tangency); Running thence South 53°-51’-27” East, a distance of 136.54 feet to a non tangent point of curvature; Running thence along a curve, bearing to the right, having a central angle of 21°-10’-31”, a radius of 1,000.00 feet and a radial bearing of North 83°-57’-07” West, a distance of 369.58 feet to a point (not a point of tangency); Running thence North 53°-51’-28” West, a distance of 237.41 feet to the POINT OR PLACE OF BEGINNING. The area of this parcel is 67,357 sq.ft. (1.546 acres) and the total perimeter is 1,262.48 feet.

  1. The tracts of land required by this act to be surrendered by the NTC from the tracts of land previously granted and rededicated as park lands are as follows:

   1. BEGINNING at a point being the following courses and distances from the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C Alteration Maps numbers 4164, 4179 and 4496

      (1) Running thence North 36°-13’-30” East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,233.44 feet to a point;

      (2) Running thence North 49°-26’-52” East, a distance of 245.50 feet to a point of curvature;

      (3) Running thence along a curve, bearing to the left and having a central angle of 13°-13’-20” and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency;

      (4) Running thence North 36°-13’-33” East, a distance of 460.50 feet to a point;

      (5) Running thence South 53°-51’-28” East, a distance of 89.31 feet to a point;

      (6) Running thence North 35°-59’-23” East, a distance of 168.81 feet to a non tangent point of curvature;

      (7) Running thence along a curve, bearing to the left and having a central angle of 05°-13‘58” and a radius of 588.03 feet and a radial bearing of North 57°-54‘08” West, a distance of 53.70 feet to a point of tangency;

      (8) Running thence North 26°-51’-55” East, a distance of 67.58 feet to a point of curvature;

      (9) Running thence along a curve, bearing to the right and having a central angle of 10°-03’-52” and a radius of 329.01 feet and a distance of 57.80 feet to a POINT OR PLACE OF BEGINNING; Running thence along a curve, bearing to the right and having a central angle of 15°-58’-37” and a radius of 329.01 feet and a radial bearing of South 53°-04’-11” East, a distance of 91.74 feet to a point (not a point of tangency); Running thence North 54°-51’-58” East, a distance of 30.77 feet to a non tangent point of curvature; Running thence along a curve, bearing to the right, having a central angle of 113°-46’-56”, a radius of 15.62 feet and a radial bearing of South 36°-25’-54” East, a distance of 31.03 feet to a point (not a point of tangency); Running thence South 01°-03’-39” East, a distance of 71.24 feet to a non tangent point of curvature; Running thence along a curve, bearing to the right, having a central angle of 04°-44’-42”, a radius of 1,000.00 feet and a radial bearing of North 88°-41’-48” West, a distance of 82.81’ feet to a point (not a point of tangency); Running thence North 53°-51’-27” West, a distance of 136.54 feet to the POINT OR PLACE OF BEGINNING. The area of this parcel is 10,923 sq. ft. (0.2510 acres) and the total perimeter is 444.13 feet.

  1. BEGINNING at a point being the following courses and distances from the corner formed by the intersection of the southeasterly side of the Long Island Rail Road R.O.W. (Flushing and North Side Division) with the northeasterly side of the Grand Central Parkway, said Point of Beginning being N.Y.C. Monument No. 23945 as laid out on N.Y.C. Alteration Maps numbers 4164, 4179 and 4496;

   (1) Running thence North 36°-13’-30” East, along the southeasterly side of the Long Island Rail Road R.O.W., a distance of 1,223.44 feet to a point;

   (2) Running thence North 49°-26’-52” East, a distance of 245.50 feet to a point of curvature;

   (3) Running thence along a curve, bearing to the left and having a central angle of 13°-13’-20” and a radius of 610.00 feet, a distance of 140.77 feet to a point of tangency;

   (4) Running thence North 36°-13’-33” East, a distance of 460.50 feet to a point;

   (5) Running thence South 53°-51’-28” East, a distance of 401.06 feet to a point (not a point of curvature);

   (6) Running thence along a curve, bearing to the left, having a central angle of 00°-59’-45”, a radius of 1,073.50 feet and a radial bearing of N 62°-09’-41” West, a distance of 18.66 feet to the POINT OR PLACE OF BEGINNING; Running thence along the same curve, bearing to the left, having a central angle of 10°-34’-58”, a radius of 1,073.50 feet and a radial bearing of North 63°-09’-27” West, a distance of 198.28 feet to a point; Running thence South 77°-26’-40” East, a distance of 69.89 feet to a point; Running thence South 52°-65’-05” East, a distance of 240.12 feet to a point; Running thence South 37°-03’-55” West, a distance of 147.20 feet to a point (not a point of curvature); Running thence along a curve, bearing to the left, having a central angle of 4°-37’-36”, a radius of 2,600.00 feet and a radial bearing of South 10°-56’-00” West, a distance of 209.95 feet to a point of reverse curvature; Running thence along a curve bearing to the right, having a central angle of 60°-37’-23” and a radius of 15.00 feet, a distance of 15.87 feet to a point of reverse curvature; Running thence along a curve, bearing to the left, having a central angle of 16°-53’-47” and a radius of 145.00 feet, a distance of 42.76 feet to a point of reverse curvature; Running thence along a curve bearing to the right, having a central angle of 66°-48’-33” and a radius of 15.00 feet, a distance of 17.49 feet to POINT OR PLACE OF BEGINNING. The area of this parcel is 56,975.79 sq. ft. (1.31 acres) and the total perimeter is 941.56 feet.

  1. Notwithstanding the opening paragraph and paragraphs one and two of this subdivision, the NTC shall have exclusive use of the parcels described in paragraphs one and two of this subdivision for the U.S. Open Tennis Championships, consisting of up to and including thirty days per year for the tournament, qualifying tournament, and for a reasonable amount of time before and after the U.S. Open Tennis Championships for the purpose of setting up and removing any equipment or structures necessary for the tournament.

§ 18-128.1 Snug Harbor.

  1. Notwithstanding any other provision of law, general, special or local the city, acting by the commissioner of parks and recreation and the commissioner of cultural affairs with the approval of the board of estimate, is hereby authorized and empowered to transfer, grant, demise or let to the Snug Harbor Cultural Center, Inc. or other not-for-profit corporation or corporations, or a local development corporation or corporations, or any combination thereof, their successors or assigns (individually or collectively, herein referred to as “NPC”) by contract, lease, license or other instrument, upon such terms and conditions as shall be agreed upon between the city and NPC, the right, for any purpose or purposes referred to in subdivisions b and c of this section, to use, occupy, license, lease or carry on or cause to be carried on activities in or on the whole or any part of the tracts of land described in subdivision d of this section, including the buildings and other facilities thereon, which tracts are situated in the borough of Staten Island and are commonly known as Snug Harbor.
  2. Any contract, lease, license, or other instrument referred to in subdivision a of this section may authorize or grant to NPC the right to use, occupy, license, lease and carry on or cause to be carried on activities in or on the whole or any part of the tracts of land described in subdivision d of this section for any purpose or purposes which furnish, foster or promote for the benefit of the people of the city, cultural development, education, recreation, historic preservation of buildings and improvement of business and commerce, including: theatrical, musical, artistic presentations and exhibitions; meetings, assemblages, conventions and conferences; telecommunication systems; events of civic, community and general public interest; and general business or commercial purposes which aid the other purposes set out in this subdivision, provided, however, that nothing herein shall grant to NPC the right to conduct any business or commerce, or contract with any other party for the same, unless such business or commerce is compatible with and conducted in conjunction with the use of Snug Harbor cultural center, as a multi-purpose cultural center, and further provided that nothing herein shall permit the erection or maintenance of telecommunication towers or other above ground apparatus for telecommunication transmission systems on the grounds of Snug Harbor. Subject to the limitations set forth in subdivision c of this section, such land may be used for the purpose of providing residences and work spaces for artists affiliated with the NPC for the duration of such affiliation. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the health, welfare and prosperity of the people of the city and are public purposes.
  3. Except as hereinafter provided, the tracts of land described in subdivision d of this section shall not be used, occupied, licensed or leased for the purpose of housing. Such land may be used to provide residences for artists who are affiliated with the NPC and who through their work, exhibits, lectures or writings contribute to the goals of the NPC. Artists shall only be entitled to occupy such residences for the duration of their affiliation with the NPC and any lease or occupancy permit of a dwelling unit to an artist shall specify that the tenancy or occupancy shall terminate upon the termination of the artist’s affiliation with the NPC. Notwithstanding any other provision of law, such dwelling units shall not be subject to regulation or control pursuant to the emergency housing rent control act, the emergency tenant protection act of nineteen seventy-four or any local laws enacted pursuant thereto, the emergency housing rent control law, the rent stabilization law of nineteen hundred sixty-nine or any other law which confers rights of occupancy upon tenants which are inconsistent with the intent of this subdivision to permit the NPC to provide residences for artists only for the duration of their affiliation with the NPC. The provisions of this subdivision shall not be construed to prohibit the NPC from providing residential accommodations to persons employed by the NPC where such residence is necessary for the maintenance or protection of the property such as a resident caretaker, supervisor of maintenance or supervisor of security.
  4. The tracts of land referred to in subdivisions a, b and c of this section are more particularly described as follows: Beginning at a point formed by the intersection of the southerly line of Richmond Terrace and the westerly line of Tysen Street as shown on borough president of Staten Island map #3861, said point of beginning having coordinates S 4888.33, W 15824.79. Running thence:

   1)    South 03° 42’ 57” East, 485.63 feet along the westerly line of Tysen Street to the northerly line of Fillmore Street.

   2)    South 86° 24’ 09” West, along the northerly line of Fillmore Street, 100.59 feet.

   3)    North 06° 33’ 33” West, 139.83 feet.

   4)    South 87° 58’ 30” West, 50.00 feet.

   5)    South 06° 31’ 23” East, 141.20 feet to the northerly line of Fillmore Street.

   6)    South 86° 24’ 09” West, along the northerly line of Fillmore Street, 46.06 feet to a point of curvature.

   7)    Southerly, curving to the left on the arc of a circle with a radius of 7.50 feet, an angle of 93° 45’ 01”, 12.27 feet to a point of tangency.

   8)    South 7° 20’ 52” East, 359.97 feet.

   9)    South 6° 51’ 31” East, 300.02 feet.

   10)    South 7° 00’ 45” East, 416.19 feet to a point on the northerly line of Henderson Avenue.

   11)    South 72° 23’ 50” West, along the northerly line of Henderson Avenue, 1447.71 feet.

   12)    South 81° 13’ 07” West, along the northerly line of Henderson Avenue, 122.79 feet to the easterly line of Kissel Avenue.

   13)    North 9° 03’ 54” West, along the easterly line of Kissel Avenue, 1917.41 feet to the southerly line of Snug Harbor Road.

Thence, easterly along the southerly lines of Snug Harbor Road and Richmond Terrace as in use the following 22 courses and distances:

   1)    North 81° 52’ 30” East, 343.00 feet.

   2)    North 74° 30’ 34” East, 22.48 feet to a point of curvature.

   3)    Northerly, curving to the left on the arc of a circle with a radius of 50.00 feet, an angle of 39° 04’ 12”, 34.10 feet to a point of compound curvature.

   4)    Northerly, curving to the left on the arc of a circle with a radius of 200.00 feet, an angle of 09° 22’ 30”, 32.73 feet.

   5)    North 26° 03’ 52” East, 41.69 feet.

   6)    North 22° 56’ 18” East, 75.00 feet.

   7)    North 19° 30’ 48” East, 75.29 feet.

   8)    North 16° 59’ 24” East, 53.98 feet to a point of curvature.

   9)    Easterly, curving to the right on the arc of a circle with a radius of 75.00 feet, an angle of 61° 42’ 53”, 80.78 feet to a point of tangency.

   10)    North 78° 42’ 17” East, 44.75 feet.

   11)    North 82° 23’ 05” East, 75.33 feet.

   12)    North 85° 01’ 47” East, 75.08 feet.

   13)    North 86° 52’ 08” East, 83.22 feet to a point of curvature.

   14)    Easterly, curving to the right on the arc of a circle with a radius of 900.00 feet, an angle of 7° 33’ 52”, 118.82 feet to a point of compound curvature.

   15)    Easterly, curving to the right on the arc of a circle with a radius of 450.00 feet, an angle of 12° 50’ 35”, 100.87 feet to a point of tangency.

   16)    South 72° 43’ 25” East, 91.81 feet to a point of curvature.

   17)    Easterly, curving to the right on the arc of a circle, with a radius of 1460.00 feet, an angle of 14° 29’ 21”, a distance of 369.21 feet to a point of reverse curvature.

   18)    Easterly, curving to the left on the arc of a circle with a radius of 180.00 feet, an angle of 28° 00’ 03”, 78.96 feet to a point of tangency.

   19)    South 83° 22’ 07” East, 58.01 feet.

   20)    South 89° 57’ 40” East, 25.00 feet.

   21)    North 88° 49’ 32” East, 220.28 feet to the westerly line of Tysen Street as in use.

   22)    South 03° 42’ 57” East, along the westerly line of Tysen Street as in use, 46.90 feet to the point or place of beginning.

Beginning at a point formed by the intersection of the southerly line of Richmond Terrace and the easterly line of Snug Harbor Road, the intersection of said streets forming an interior angle of 70° 43’ 30” as shown on the borough president of Staten Island map #3887, said point of beginning having coordinates S 4714.62, W 17955.22. Running thence easterly along the southerly line of Richmond Terrace, N 89° 41’ 08” E, 727.73 feet to a point on Snug Harbor Road. Thence the following 5 courses and distances along Snug Harbor Road:

   1)    South 18° 21’ 55” West, 24.95 feet.

   2)    South 22° 56’ 18” West, 179.68 feet to a point of curvature.

   3)    Westerly, curving to the right on the arc of a circle with a radius of 90.00 feet, an angle of 58° 56’ 12”, 92.53 feet to a point of tangency.

   4)    South 81° 52’ 30” West, 472.31 feet.

   5)    North 22” 02’ 30” West, 296.46 feet to the point or place of beginning.

Beginning at a point on the northerly line of Richmond Terrace, generally opposite the prolongation of the westerly line of Tysen Street as shown on the president of the borough of Staten Island map #3887, said point of beginning having coordinates S 4788.43, W 15831.26. Running thence westerly along the northerly line of Richmond Terrace the following 9 courses and distances:

   1)    South 89° 00’ 30” West, 212.27 feet to a point of curvature.

   2)    Westerly, curving to the right on the arc of a circle with a radius of 220.00 feet, an angle of 25° 23’ 59”, 97.53 feet to a point of tangency.

   3)    North 65° 35’ 31” West, 235.43 feet to a point of curvature.

   4)    Westerly, curving to the left on the arc of a circle with a radius of 1680.00 feet, an angle of 12° 45’ 26”, 374.06 feet to a point of compound curvature.

   5)    Westerly, curving to the left on the arc of a circle with a radius of 120.00 feet, an angle of 11° 40’ 19”, 24.45 feet to a point of compound curvature.

   6)    Westerly, curving to the left on the arc of a circle with a radius of 1680.00 feet, an angle of 4° 29’ 58”, 131.93 feet to a point of reverse curvature.

   7)    Westerly, curving to the right on the arc of a circle with a radius of 720.00 feet, an angle of 7° 44’ 03”, 97.19 feet.

   8)    South 86° 39’ 38” West, 291.90 feet.

   9)    South 88° 24’ 46” West, 701.54 feet.

Thence northerly, North 01° 19’ 01” East, 59.39 feet to a point on the southerly line of the Staten Island Rapid Transit Railway. Thence easterly along the southerly line of the Staten Island Rapid Transit Railway, the following 12 courses and distances:

   1)    North 89° 31’ 08” East, 338.03 feet.

   2)    South 01° 19” 01” West, 15.00 feet.

   3)    North 89° 31’ 08” East, 383.31 feet.

   4)    North 32° 53’ 35” East, 17.96 feet.

   5)    North 89° 31’ 08” East, 396.00 feet to a point of curvature.

   6)    Easterly, curving to the right on the arc of a circle with a radius of 1131.00 feet, an angle of 18° 58’ 00”, 374.40 feet to a point of tangency.

   7)    South 69° 57’ 32” East, 264.42 feet to a point of curvature.

   8)    Easterly, curving to the left on the arc of a circle with a radius of 1448.00 feet, an angle of 5° 41’ 55”, 144.01 feet.

   9) South 66° 56’ 46” East, 134.55 feet.

   10)    South 03° 41’ 50” East, 2.00 feet.

   11) South 88° 57’ 04” East, 112.19 feet.

   12) South 03° 41’ 50” East, 6.00 feet to the point or place of beginning.

Beginning at a point on the U.S. Pierhead and Bulkhead line in Kill Van Kull, approved by the secretary of war, October 30, 1915, said point of beginning having coordinates South 4497.61, West 16082.50, and being 234.38 feet west of a point formed by the extension of the westerly line of Tysen Street with the U.S. Pierhead and Bulkhead line; running thence westerly along the northerly line of the Staten Island Rapid Transit Railway, the following 10 courses and distances:

   1)    South 03° 41’ 50” East, 197.07 feet.

   2)    North 77° 38’ 47” West, 132.04 feet.

   3)    North 69° 57’ 32” West, 264.42 feet to a point of curvature.

   4)    Westerly, curving to the left on the arc of a circle with a radius of 1161.00 feet an angle of 18° 58’ 00”, 384.33 feet to a point.

   5)    South 89° 31’ 08” West, 338.00 feet.

   6)    North 00° 28’ 52” West, 15.00 feet.

   7)    South 89° 31’ 00” West, 449.31 feet.

   8)    South 01° 19’ 01” West, 15.00 feet.

   9)    South 89° 31’ 08” West, 338.03 feet.

   10)    North 01° 19’ 01” East, 106.33 feet to the U.S. Pierhead and Bulkhead line.

Thence easterly along the U.S. Pierhead and Bulkhead line the following 2 courses and distances:

   1)    North 87° 27’ 41” East, 560.68 feet.

   2)    South 85° 27’ 28” East, 1309.86 feet to the place or point of beginning.

Beginning at a point on the northerly line of the lands of the Staten Island Rapid Transit Railway Company, being distant 88.00 feet from the northerly line of Richmond Terrace and generally on a prolongation of the westerly line of Tysen Street as indicated on the president of the borough of Staten Island map #3887, said point of beginning having coordinates South 4700.61, West 15836.93, thence:

   1) North 84° 54’ 35” West along the northerly line of the lands of the Staten Island Rapid Transit Railway, 113.13 feet.

   2)    North 03° 41’ 50” West, 183.73 feet to the U.S. Pierhead and Bulkhead line approved by the secretary of war on October 30, 1915.

   3)    South 85° 27’ 28” East along said U.S. Pierhead and Bulkhead line, 112.98 feet.

   4)    South 03° 41’ 50” East, 184.83 feet to the point or place of beginning.

§ 18-128.2 Bryant Park.

  1. Notwithstanding the provisions of section three hundred eighty-three of the New York city charter and section twenty of the general city law or any other law prohibiting the alienation of park lands, the city, acting by the commissioner with the approval of the board of estimate, is hereby authorized and empowered to lease to Bryant Park Restoration Corporation (“BPRC”), a not-for-profit corporation organized under the laws of the state of New York for the purpose of assisting the city in restoring and maintaining Bryant Park, for the purposes referred to in subdivision b of this section, upon such terms and conditions and for such duration as shall be agreed upon by the city, The New York Public Library, Astor, Lenox and Tilden Foundations (“NYPL”) and BPRC, all or part of the tract of land situated in the borough of Manhattan known as the west terrace of the New York Public Library (the “West Terrace”), and more particularly described as follows: ALL THAT CERTAIN PLOT, piece or parcel of land, comprising a portion of that land known as Bryant Park, with the buildings and improvements thereon erected, situate, lying and being in the Borough of Manhattan, City and State of New York, bounded and described as follows: BEGINNING at a point lying along the south side of West 42nd Street, 482 feet west of the intersection formed by the said south side of West 42nd Street and the west side of Fifth Avenue, and running thence easterly along the south side of West 42nd Street 119 feet to a point lying along said southerly side of West 42nd Street; thence southerly, along the rear wall of the New York Public Library Building, 455 feet to the northerly side of West 40th Street; thence westerly along the northerly side of West 40th Street 119 feet; thence northerly 455 feet to the point or place of BEGINNING. Notwithstanding the foregoing provision, such grant shall not include any portion of the building erected, constructed, equipped and furnished pursuant to chapter five hundred fifty-six of the laws of eighteen hundred ninety-seven (the “NYPL Building”), including appurtenances thereto, except upon the written approval of NYPL.
  2. The grant referred to in subdivision a of this section may authorize BPRC to sublease all or any portion of the West Terrace for the construction of a structure which may be used for the operation of a restaurant and related purposes, and for such other uses as may be consistent with the purposes of BPRC and NYPL, upon such terms and conditions, for such duration and for such consideration as shall be agreed upon by the city, BPRC and NYPL; provided, however, that no portion of any such structure shall extend beyond sixty feet west of the western most portion of the NYPL Building. It is hereby declared that all of the purposes referred to in this subdivision are for the benefit of the people of the city and are public purposes.

§ 18-129 Fines for unlawful cutting of trees on department property.

  1. It shall be unlawful for any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on public property under the jurisdiction of the commissioner without acquiring written consent from the commissioner. The foregoing provision shall not apply to department employees who are engaged in the proper and authorized performance of their assigned duties.
  2. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of subdivision a of this section concerning a tree shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than fifteen thousand dollars or by imprisonment of not more than one year or by both such fine and imprisonment for each such violation. Such individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation shall also be liable for a civil penalty of not more than ten thousand dollars for each such violation which may be recovered in a proceeding before the environmental control board. A proceeding to recover any civil penalty authorized pursuant to this section shall be commenced by the service of a notice of violation returnable to the environmental control board. The environmental control board shall have the power to impose the civil penalties prescribed herein. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation violating the provisions of subdivision a of this section concerning any other form of vegetation shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment for each such violation.
  3. Any individual, firm, corporation, agent, employee or person under the control of such individual, firm or corporation found to be guilty of violating the provisions of subdivision a of this section or section 10-148 of this code by a court of competent jurisdiction or by the environmental control board shall be denied the opportunity to obtain written consent from the commissioner or from an agency having control of public property to cut, remove or in any way destroy or cause to be destroyed, any tree or other form of vegetation on public property under the jurisdiction of the commissioner, or such agency, for a maximum of two years from the date of conviction, or from the date the civil penalty was imposed.

§ 18-130 Ward’s and Randall’s islands; development into park.

  1. There being a shortage of parks and park areas within the city to provide the necessary facilities for fresh air and recreation for the growing population of such city and more particularly for residents of the boroughs of Manhattan, Bronx and Queens; and the creation and establishment of such parks being essential to the health, comfort and welfare of the citizens of the state; and it appearing to the legislature to be necessary and proper that city parks be created and established on the islands known as Ward’s and Randall’s, within such city, and that the inmates and patients in the various state and city institutions now located on such islands be removed therefrom, excepting the lands on Ward’s island presently occupied by the Manhattan state hospital other than parcels one and two hereinafter described and that the buildings and structures of such institutions be demolished for the purpose of such parks; the provisions hereinafter prescribed are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.
  2. In order that the state may reconstruct, modernize and rebuild some or all of the building and facilities of Manhattan state hospital on Ward’s island, and continue to maintain such hospital, so as to furnish modern facilities for treatment and care of mental patients of the metropolitan district to the benefit of its residents, the city is hereby authorized to extend the lease executed between the city and the state of New York pursuant to the provisions of chapter one hundred thirty-nine of the laws of nineteen hundred and eight, as amended by chapter six hundred ninety-six of the laws of nineteen hundred and thirteen, for a period not exceeding fifty years beyond its present termination date with respect to any or all of the lands now occupied by or used in connection with Manhattan state hospital on Ward’s island except the lands hereinafter described as parcel one and parcel two. The department of mental health is hereby directed to remove the remaining inmates on or before April seventh, nineteen hundred fifty-nine from all the buildings of the Manhattan state hospital located on that part of Ward’s island described as follows: PARCEL 1 Beginning at the intersection of the shore line of Harlem River with the northerly boundary line of property in the southwest portion of the island, now under the jurisdiction of the Department of Parks of the City of New York, which boundary line was established by the consent of the Governor, dated April 20, 1938, pursuant to Chapter 23 of the laws of 1938, and filed in the Department of Parks and the Department of Mental Health, as shown on map entitled “Index Map of Wards Island”, dated April 28, 1936 accompanying said consent, thence generally easterly along said boundary line to its intersection with the westerly line of the right-of-way of the Triborough Bridge; thence generally northerly along said westerly right-of-way line to its intersection with the southwesterly line of Morgan Avenue; thence northwesterly along the southwesterly line of Morgan Avenue to its intersection with the southeasterly line of Scholer Street; thence southwesterly along the southeasterly line of Scholer Street to its intersection with a straight line which is 25 feet southwesterly from and parallel to Building No. 103; thence northwesterly along said line to its intersection with the shore line of Harlem River; thence southwesterly along the shore line of Harlem River to the point or place of beginning. PARCEL 2 Beginning at the intersection of the westerly line of the right-of-way of the New York Connecting Railroad with the shore line of Little Hell Gate as shown on the map referred to in Parcel 1, thence generally southerly along said westerly right-of-way line to its intersection with the shore line of the East River; thence southwesterly along said shore line of the East River to its intersection with the northerly boundary line of park property in the southwest portion of the island, as defined in Parcel 1; thence generally northwesterly along said boundary line to its intersection with the easterly line of the right-of-way of the Triborough Bridge; thence generally northerly along said easterly right-of-way line to its intersection with the northeasterly line of Morgan Avenue; thence southeasterly, generally, along the northeasterly line of Morgan Avenue to its intersection with the southeasterly line of Macy Avenue; thence northeasterly along the southeasterly line of Macy Avenue and its prolongation to its intersection with the southeasterly prolongation of the northeasterly line of Pinel Avenue; thence northwesterly along the northeasterly line of Pinel Avenue to its intersection with the northeasterly line of the cinder road on the northeast side of Buildings Nos. 95, 96, 97 and 98; thence northwesterly along said northeasterly line of said cinder road as prolonged, to its intersection with the easterly line of the right-of-way of the Triborough Bridge; thence generally northerly along said easterly right-of-way line to its intersection with the shore line of Little Hell Gate; thence easterly along said shore line to the point or place of beginning, and such property and equipment used in or in connection with such hospital, as it may desire, to the Pilgrim state hospital on Long Island, or to other state hospitals, in which it shall establish suitable quarters and accommodations for them, within the amounts of appropriations made for such purpose by the legislature. The lease heretofore executed between the city of New York and the state of New York, pursuant to the provisions of chapter one hundred thirty-nine of the laws of nineteen hundred eight, as amended by chapter six hundred ninety-six of the laws of nineteen hundred thirteen, shall be deemed terminated within the meaning and intent of such lease and statute to the extent that such lease relates to that part of Ward’s island hereinabove described, when the governor shall certify in writing to the mayor that such inmates, property and equipment have been so transferred, and that the buildings and structures on Ward’s island within the above described area are no longer necessary for the purposes of the Manhattan state hospital.
  3. The city shall proceed as soon as possible after the governor shall have so certified to the mayor, as hereinbefore provided, to raze all of the buildings, structures and other improvements of the Manhattan state hospital and all other structures, buildings and improvements on that part of Ward’s island described in subdivision b, except those required for park purposes, and except those connected with the present bridge now owned by the New York, New Haven and Hartford Railroad Company, now located at Ward’s island and those connected with the proposed city sewage disposal plant as authorized by chapter six hundred eighty-nine of the laws of nineteen hundred twenty-seven and the structures of Triborough Bridge and Tunnel Authority. The city may, however, at any time prior to such certification by the governor, commence the work of transforming the above described part of the island into a city park and of razing all or such part of such buildings, structures and improvements as may no longer be required for the purposes of such hospital, if the governor consents thereto in writing. Such consent shall specify generally what work is consented to and specifically what buildings, structures and improvements, or parts thereof, may be razed. Copies of each such consent shall be filed with the department of parks and recreation of the city and the department of mental health. No structure, building or improvement shall be erected by the city or the state on Ward’s island, except such as are necessary to the proper functioning of the Manhattan state hospital or to the purposes or functions of the sewage disposal plant, established by the city on such island, pursuant to the provisions of chapter six hundred eighty-nine of the laws of nineteen hundred twenty-seven, or except such as may be necessary for the construction, reconstruction, maintenance and operation of the structures of Triborough Bridge and Tunnel Authority, or the present bridge now owned by the New York, New Haven and Hartford Railroad Company, now located on Ward’s island or except such as may be consented to by the governor as hereinbefore provided.
  4. When the buildings and structures of the Manhattan state hospital affected by this section shall have been removed as hereinbefore provided, all of Randall’s island and that part of Ward’s island described in subdivision b shall be devoted exclusively to the purposes of city parks; and the city is hereby directed to transform the same into parks as soon thereafter as possible, and the same shall henceforth be used for no other purposes. There shall be excluded, however, from the operation of this section all of the land necessary for the continuance of the railroad bridge on such islands, the land necessary for the city sewage disposal plant, established by such city, as authorized by chapter six hundred eighty-nine of the laws of nineteen hundred twenty-seven, and the land deemed necessary by the Triborough Bridge and Tunnel Authority for the construction, reconstruction, maintenance and operation of the structures of Triborough Bridge and Tunnel Authority, provided, however, that there shall be provided by such city convenient means of access from such Triborough Bridge at convenient locations to such parks located on such islands, and convenient connections between the two islands.
  5. Notwithstanding the provisions of subdivisions b, c and d, the city is hereby authorized to lease to the people of the state of New York the lands on Ward’s island hereinafter described by amending the extension of lease dated December eleventh, nineteen hundred fifty-three, executed between the city of New York and the state of New York pursuant to the provisions of chapter one hundred one of the laws of nineteen hundred fifty-two, so as to include such lands within the terms and provisions of such extension of lease. Beginning at a point on the southeasterly line of Scholer Street, where it would be intersected by the continuation easterly in a straight line of the northerly boundary line of “Parcel 1A” as released to the City of New York by the consent of the Governor dated January 18, 1950; thence continuing generally easterly along the further prolongation easterly of said boundary line to its intersection with the westerly line of the right-of-way of the Triborough Bridge; thence generally northerly along said westerly right-of-way line to its intersection with the southwesterly line of Morgan Avenue; thence northwesterly along the southwesterly line of Morgan Avenue to its intersection with the southeasterly line of Scholer Street; thence southwesterly along the southeasterly line of Scholer Street to the point or place of beginning of the parcel herein described.
  6. Notwithstanding the provisions of subdivisions b, c, d, and e, the city is hereby authorized to lease to the people of the state of New York, the lands on Ward’s island hereinafter described by amending the extension of lease dated December tenth, nineteen hundred sixty-two, executed between the city and the state of New York pursuant to the provisions of chapter five hundred twenty-three of the laws of nineteen hundred sixty-two, so as to include such lands within the terms and provisions of such extension of lease. All that land now used by the city department of parks and recreation on the southeasterly portion of Ward’s island and generally bounded by the Triborough Bridge right-of-way on the west, the shore line of the Hell Gate channel of the East River on the south and southeast and the lands under lease to the state of New York for Manhattan state hospital on the northeast and north, constituting 24 acres, more or less.
  7. Notwithstanding the provisions of subdivisions b, c, d, e, and f of this section, in order that the state may reconstruct, modernize and rebuild some or all of the buildings and facilities of the Manhattan psychiatric center and the Kirby forensic psychiatric center on Ward’s Island, and continue to maintain said hospitals, so as to furnish modern facilities for treatment and care of patients with mental illness of the metropolitan district and to benefit the health, welfare and safety of its residents, the city of New York is hereby authorized to enter into an agreement for the renewal or further extension of the lease executed between the city of New York and the state of New York pursuant to the provisions of chapter one hundred one of the laws of nineteen hundred fifty-two and chapter five hundred twenty-four of the laws of nineteen hundred sixty-two, for a period not exceeding fifty years beyond its present termination date with respect to any of the lands now occupied by or used in connection with the Manhattan psychiatric center, the Kirby forensic psychiatric center and related programs. Neither the provisions of section one hundred ninety-seven-c of the New York city charter, relating to a uniform land use review procedure, nor the provisions of any other local law of like or similar import shall apply to the renewal or extension of said lease.

§ 18-131 Posting of signs.

  1. The commissioner shall be required to post signs pursuant to sections 10-158 and 10-158.1 of this code, for the vessel regulation zone and the “no wake area” established by such sections.
    1. The commissioner shall be required to establish a telephone reporting system so that the public can notify the department of any accident or hazardous condition which may occur or exist within park property. The commissioner shall have signs posted in all public parks, playgrounds, including jointly operated playgrounds, beaches and pools which shall contain the telephone number for reporting any accident or hazardous condition that occurs or exists within such public facility.

   2. The commissioner shall be required to maintain a record of reports of such accidents or hazardous conditions by borough and service district which shall be provided to the council and mayor on an annual basis. Such report shall include any action taken by the department in response to such reported accident or hazardous condition.

   3. Such notice of accident which the commissioner shall receive according to the provisions of this section shall not be sufficient notice as required under article four of the general municipal law.

  1. The commissioner shall post the following at all comfort stations at all bathing beaches under the jurisdiction of the department, on its official website, and at such other places or times as the commissioner shall deem appropriate or as required by law, rule or regulation:

   1. The dates and the results of departmental inspections of the bathing beach at which such information is posted. Such information shall be posted within three days of the completion of the inspection cycle in which such inspection was made.

   2. The availability of information regarding bathing beaches from the department of health and mental hygiene, which shall include, but not be limited to, the following:

      (i) a statement of the availability of information posted pursuant to paragraph three of this subdivision on the department of health and mental hygiene’s official website and provided to the 311 citizen service center;

      (ii) if a particular bathing beach is under advisory or closed, the reason for such advisory or closure;

      (iii) an explanation of how to file a beach-related illness complaint;

      (iv) any other information the commissioner of health and mental hygiene shall deem appropriate or as required by law, rule or regulation.

   3. The commissioner of health and mental hygiene shall make the information in subparagraphs ii through iv of paragraph two of this subdivision available on its official website and to the 311 citizen service center. In addition, the commissioner of health and mental hygiene shall make available on its official website and to the 311 citizen service center the information set forth in subparagraphs i through vi of this paragraph, and shall make the information in subparagraphs i, ii and iv of this paragraph available within twenty-four hours of receiving the results of any test performed, or by the end of the business day following receipt of the results of any test performed, whichever is later.

      (i) the single day enterococci geometric mean for samples taken at a particular bathing beach by the department of health and mental hygiene;

      (ii) the enterococcus bacteria thirty day geometric mean for such particular bathing beach;

      (iii) an explanation as to the enterococcus bacteria level that could affect a closure at the particular bathing beach;

      (iv) dates and results of any inspections or tests made pursuant to New York city health code article one hundred sixty-seven;

      (v) an explanation as to the weather and other conditions that could result in issuing an advisory or closing the particular bathing beach;

      (vi) any other information the commissioner of health and mental hygiene shall deem appropriate or as required by law, rule or regulation.

   4. The commissioner of health and mental hygiene shall make the information required by paragraphs two and three of this subdivision, and such other information deemed appropriate by the commissioner of health and mental hygiene, accessible on the official department website for a period of at least one year. In addition, on or before the first day of November of each year, the commissioner of health and mental hygiene shall forward a combined report of the dates and results of all inspections of all bathing beaches and the dates and reasons for any advisory or closure, and such other information deemed appropriate by the commissioner of health and mental hygiene, for the Friday preceding the last Monday of May until the Friday after the first Monday of September of each year, to the mayor, the public advocate and the speaker of the council.

  1. The commissioner shall post the dates and results of departmental inspections of property under the jurisdiction of the department on its official website within seven days of the completion of the inspection cycle in which such inspection was made, except that information regarding the inspections of bathing beaches shall be posted within three days of the completion of the inspection cycle in which such inspection was made, in accordance with paragraph one of subdivision c of this section. The results of each inspection shall be accessible on the official department website for a period of at least one year. In addition, the commissioner shall forward a combined report of such inspection results to the mayor, the public advocate and the speaker of the council for each fiscal year by the first day of August of the next succeeding fiscal year.

§ 18-131 Emergency reporting signs. [Repealed]

  1. Until such time as all members of the United States Armed Forces listed either as missing in action or prisoners of war are accounted for by the United States government, the commissioner shall assure, subject to subdivisions 2 and 3 of this section, that the Prisoner of War/Missing in Action (POW/MIA) flag is flown over all public property under the jurisdiction of the commissioner whenever the American flag is flown over such property.
  2. Within sixty days following the effective date of the local law that added this section, the POW/MIA flag shall be flown in twenty-five percent of all parks under the jurisdiction of the commissioner, including all parks under the jurisdiction of the commissioner that bear the name of a veteran of the United States Armed Forces or that include the word “Memorial” in the park name, whenever the American flag is flown over such property.
  3. Within three years following the effective date of the local law that added this section, the POW/MIA flag shall be flown over all public property under the jurisdiction of the commissioner whenever the American flag is flown over such property.
  4. The commissioner shall submit to the Mayor and the Speaker of the City Council an annual report indicating all public property under the jurisdiction of the commissioner over which the POW/MIA flag is flown. Such reporting requirement shall terminate upon full compliance with the requirements set forth in subdivision 3 of this section, at which time the commissioner shall submit a final report to the Mayor and to the Speaker of the City Council indicating all public property under the jurisdiction of the commissioner over which the POW/MIA flag is flown.

§ 18-133 Adopt-A-Park Program.

  1. Definitions. For the purposes of this section, “sponsor” shall mean the person(s) or group(s) that have entered into an agreement with the department with respect to the maintenance, renovation and agreement requirements provided for in the Adopt-A-Park program.
  2. The commissioner is authorized to enter into agreements with one or more individuals, corporations, partnerships or other entities, other than political candidates and their campaign organizations, to sponsor any park, playground, beach, pool, recreation center, ballfield, green space, greenstreet, vehicle, equipment, structure or other property under the jurisdiction of the department, except as provided in subdivision g of this section. Such sponsor may elect to be recognized by a sign at or on the area sponsored which shall not be larger than the standard sign used by the department. The commissioner shall erect such signs in a manner that best preserves the aesthetic quality of the sponsored area. Where the erection of such a sign is impossible, requires approval by another governmental entity or is otherwise prohibited by law, the department and the sponsor may agree to another form of recognition.
  3. Sponsorship agreements may be entered into for a period of one to eight years from the date of the agreement. Nothing herein shall prohibit more than one sponsor at a particular site, and a sponsor may enter into agreements with the department to sponsor more than one site.
  4. The department and the sponsor may renew an agreement for a term which shall be at the discretion of the commissioner, but is not to exceed the limits designated in subdivision c of this section. The existing sponsor may apply for renewal of the agreement no less than thirty days before the expiration of the agreement.
  5. Nothing herein shall be construed to mean that the property or structure sponsored has been renamed for the sponsor or gives the sponsor or an agent or member thereof any authority to sell or display merchandise or use the sponsored area in any manner inconsistent with the New York city charter or any statute, law, rule or regulation. No sponsorship shall impede or impair in any way any concession or lease agreement between the department and any other individual or entity.
    1.    Sponsors shall make a sponsorship payment to be determined by the commissioner, which shall reflect the size and nature of the sponsored area and the maintenance, level of use, security and program costs or any portion thereof to be undertaken or provided for by the sponsor. Such sponsorship payments shall be treated as private categorical grants and shall be used solely by the department for the sponsored area for park maintenance, capital projects, security, recreation, art and educational programs and the acquisition and development of parkland and related structures or facilities. Any grant in the amount of five thousand dollars or more shall be separately identified.

   (2) Notwithstanding the provisions of paragraph one of this subdivision, the commissioner may enter into a sponsorship agreement at a reduced sponsorship payment or no sponsorship payment with one or more organizations or individuals who undertake the responsibility to perform uncompensated volunteer assistance of beautification and/or clean-up work consistent with departmental standards.

   (3) Any sponsorship agreement shall hold the city harmless from liability for any damage or injury arising from such sponsorship and shall provide for indemnification of the city by the sponsor in the event that any judgment or other financial obligation is imposed upon the city with respect to such sponsorship.

    1.    The provisions of this section shall not apply to any park or facility under the jurisdiction of the department that has a trust, conservancy, or partnership with the department whose annual contributions exceed five hundred thousand dollars to the park or facility.

   (2) The commissioner may only enter into sponsorships with those individuals or groups in a manner consistent with the integrity of the park, playground, facility or property.

  1. The comptroller shall have the power to audit and investigate all matters relating to the finances and the financial operations of the program.

§ 18-134 Annual report on non-governmental funding for parks.

Beginning December 1, 2009, and annually thereafter, the commissioner shall submit a report to the council for the immediately preceding fiscal year on funds and the value of goods donated by non-governmental sources to the department for parks under the jurisdiction of the department. Such report shall include (i) the amount of funds and the value of goods donated by organizations or individuals to the department by park where such funding or goods are designated for a particular park, or by service district or borough if there is no such designation, provided that such funds or goods are valued at more than five thousand dollars; and (ii) where the department has entered into a conservancy arrangement, as defined by section 18-137 of this chapter, with a conservancy, as defined by section 18-137 of this chapter, to provide maintenance and operation services for a park or portion of a park under the jurisdiction of the department, the department shall require such entity to provide data to the department concerning the total amount of expenditures made by such entity for such park or portion of a park. The department shall require that any conservancy that enters into or renews a conservancy arrangement with the department after July 1, 2015, concerning a park or portion of a park under the jurisdiction of the department, provide the department with the data regarding its expenditures for such a park or portion of a park. Prior to July 1, 2015, the department shall, where practicable, seek such information from any conservancy with whom the department has an existing conservancy arrangement, provided that where the department is unable to obtain such information from such conservancy, it shall state the reason why such information was not able to be obtained. Such report, to the extent practicable, shall list organizations and individuals donating funds and goods to the department, provided that any such organization or individual donating funds or goods anonymously shall be listed without identifying information.

§ 18-135 Requiring signage warning of heat dangers of playground equipment.

The department shall place at all entrances to all playgrounds operated by or under the jurisdiction of the department, including those for which the department has an agreement with a conservancy or other not-for-profit organization with respect to operation of any aspect of a playground a sign reading, “Warning: Some surfaces may become hot. Please take precautions with exposed skin.” Such signs shall be placed at all entrances of all playgrounds where presently there is not a sign at all entrances warning that shoes are required to be worn in such playground. Such signs shall also be placed at the entrances to all other playgrounds upon replacement of a sign in any such playground warning that shoes are required to be worn. All signs shall be securely affixed at such entrances. The above described warning shall also be placed on every sign in any playground stating the rules of such playground when any such sign is replaced. All signs shall be in English and, where appropriate, additional languages. For purposes of this section, “securely affixed” shall mean that at a minimum the signs shall be tethered to not less than two stationary fixtures.

§ 18-136 Advisory committee for new surfacing materials.

  1. For purposes of this section, “surfacing materials” shall mean infill materials, blades of synthetic turf and surfaces used under and around play equipment.
  2. The department shall on an ongoing basis consult with the department of health and mental hygiene to identify and evaluate new surfacing materials that have not been previously used for any playgrounds or athletic fields by the department to determine whether such materials may benefit the public by enhancing recreational activities and to evaluate potential health or safety impacts. In performing such an evaluation, the department shall assess reasonably available information on new surfacing materials to determine if such surfacing materials are appropriate for recreational activities in parks and meet existing safety and health standards, including, but not limited to the standards of the American society for testing and materials, the American national standards institute, and the United States consumer products safety commission guidelines set out in its “Handbook for Public Playground Safety”, applicable to such materials. Such evaluation shall also include an assessment of reasonably available information regarding whether or not such materials may present any health or safety risk, including whether such materials retain high levels of heat or contain hazardous levels of known carcinogens and/or toxic substances, and of any available studies of such materials that address environmental issues. Such evaluation shall also include an assessment of alternative surfaces and technologies considered, including natural surfacing. The department shall use best efforts to locate all pertinent sources of information on any surfacing material under evaluation, provided that nothing in this section shall be construed to require the performance of an exhaustive search of all information available on any such material. The department shall at least every six months provide to the advisory committee described in this section a report regarding any evaluation of new surfacing materials intended to be used by the department and prior to such use by the department, or provide to the advisory committee a written statement that no such report exists.
    1.    There shall be an advisory committee on the safety of new surfacing materials. The committee shall consist of nine voting members, five of whom shall be appointed by the mayor, and four of whom shall be appointed by the speaker of the council. In addition, the commissioner of the department or a designee and the commissioner of the department of health and mental hygiene or a designee shall be non-voting members. Each member of the advisory committee shall serve without compensation. Members shall serve at the pleasure of the appointing official and any vacancy shall be filled in the same manner as the original appointment. The committee shall have representatives with expertise drawn from the following subject areas: American society for testing and materials testing methods, consumer products safety commission guidelines, the environmental field, the science field, medicine and human health, landscape architecture and park planning, athletic direction and physical exercise, and the Americans with disabilities act. It shall also have at least one representative from user groups of playgrounds or athletic fields. The members shall choose a chairperson from among the voting members. The advisory committee shall meet with the commissioner or a designee prior to July first and prior to January first each year at which time the commissioner or such designee shall respond to any recommendations made by such committee pursuant to paragraph 2 of this subdivision. The location and time of such meeting shall be determined by the chairperson in coordination with the commissioner. The commissioner may also schedule a meeting of the advisory committee on twenty calendar days notice to all members of the committee. Such notice to the members of the committee shall be by electronic mail and via facsimile as available or via certified mail to the last known address of such member if neither electronic method nor facsimile is available.

   (2) The advisory committee shall evaluate any report provided to it by the department pursuant to subdivision b of this section. The advisory committee may at any time make independent recommendations to the commissioner regarding proposed new surfacing materials, and may suggest means of educating the public about the appropriate and safe use of materials. The commissioner shall consider any recommendations received from the committee.

  1. Recommendations of the advisory committee pursuant to subdivision c of this section and reports required by subdivision b of this section shall be sent to the mayor and the speaker of the council and shall be made available on the department’s website within ten days of the release of any such reports.
  2. The advisory committee shall be deemed established upon the appointment of its members and shall continue to exist until three years from the effective date of the local law that added this section, after which it shall cease to exist. Appointment of committee members shall occur within one hundred eighty days of the enactment of this section.

§ 18-137 Representation on park conservancies.

  1. For purposes of this section, the following terms shall have the following meanings:

   1. “Conservancy” shall mean any not-for-profit entity that operates any park or portion of any park under the jurisdiction of the commissioner, pursuant to a written conservancy arrangement, provided that “conservancy” shall not include any not-for-profit entity that operates in three or more boroughs.

   2. “Conservancy arrangement” shall mean any license or other written authorization allowing a conservancy to operate any park or portion of any park under the jurisdiction of the commissioner.

   3. “Operates” shall mean the ability to hire a majority of full time staff for such park.

   4. “Local representative” shall mean an individual who resides within or whose place of business is located within a council district in which such park is located or which such park abuts.

  1. Any conservancy arrangement entered into, renewed or otherwise granted or executed on or after the effective date of the local law that added this section shall require that at least one local representative from each council district where such park is located or which such park abuts be a voting member of the board of directors, or other governing body of such conservancy, provided that no more than one local representative from each council district in which such park is located and one local representative from two of the council districts which abut such park shall be required, and provided further that no more than twenty percent of the total appointed or elected membership of such conservancy’s board of directors or other governing body shall be required to be local representatives. Such local representatives shall be designated in consultation with the council members representing the districts in which the park is located or which abut such park. The nature of such consultation shall be determined by the department, provided that the department shall make the designation of each local representative not less than thirty days following its initial consultation with the appropriate council member, during which time the council member may make a written recommendation regarding the local representative to be designated from their district. In the event that representation from council districts from which a local representative may be designated would in the aggregate be greater than twenty percent of the total appointed membership of such conservancy’s board of directors or other governing body or there are more than two council districts abutting such park, the department may determine which council districts shall be represented initially, in consultation with the appropriate council members, with districts from which local representatives shall be designated rotating thereafter in a manner to be determined by the department.

§ 18-138 Locations of concessions in parks.

  1. Except as provided herein, any concession under the jurisdiction of the commissioner, and any restaurant located within any park that is the subject of a lease or other agreement between the department and a not-for-profit corporation relating to the restoration and maintenance of the park in which such restaurant is located, other than seasonal concessions of under forty-five days in duration in a calendar year, shall have specific boundaries which shall be indicated on a map of the park in which such concession or restaurant is located. No such concession or restaurant shall extend beyond the boundaries indicated on such map. The department shall visibly mark the authorized boundaries of each such concession or restaurant and shall maintain such markings, unless all boundaries of such concession or restaurant are within a building or similar stationary structure or marking a boundary is not practicable because the terrain does not allow for such marking. The department shall determine how such markings shall be made and any such marking shall be consistent with any law, rule, regulation or determination of the landmarks preservation commission and the public design commission. This subdivision shall not apply to any concession authorized to occupy a ground space of less than two hundred square feet, to occupy an area greater than two acres, or to operate in locations in three or more boroughs, nor shall this subdivision apply to any concession that is expressly authorized to move its location pursuant to the terms of the applicable concession agreement. The location of a concession or restaurant subject to the provisions of this subdivision shall also be marked on a map of the park or parks in which such concession or restaurant is located which map shall be made available on the city of New York’s website within one year of the effective date of this section. However, any concession or restaurant covered by this subdivision where the concession agreement, lease or other agreement is entered into or renewed following the effective date of this section, shall have such maps posted within sixty days of the execution or renewal of the relevant concession or lease agreement. It shall not be a violation of this section where the moving of any such boundary was done pursuant to the direction of an authorized employee of any applicable city agency.
  2. Any person who violates the provisions of subdivision a of this section by exceeding the authorized boundaries of a concession or boundaries for the location of a restaurant subject to the provisions of this section shall be liable for a civil penalty of not less than two hundred dollars nor more than one thousand dollars for each such violation. Such civil penalty shall be in addition to any penalty imposed pursuant to a concession agreement with the department.

§ 18-139 Notification prior to planting of trees.

Except as provided herein, not less than thirty days prior and not more than one hundred twenty days prior to the commencement of the planting of a tree under the jurisdiction of the department on a sidewalk that is within one hundred feet of any entrance or exit of any school or hospital, the department shall provide written notification of such planting by either facsimile, regular mail, electronic mail or by personal service to the office of the principal or designated representative of such school, or the administrator or designated representative of such hospital. Notifications pursuant to this section made by regular mail shall be placed into the United States mail not less than forty days prior to the commencement of planting of any such tree.

§ 18-140 Stormwater retention planting manual.

  1. Not later than November 1, 2013, the commissioner shall promulgate a stormwater retention manual applicable to all plantings conducted by the department that shall maximize the use of stormwater retentive plantings. Such manual shall, at a minimum:

   1. identify plants suitable for the purpose of facilitating stormwater retention and describe their qualities, including, but not limited to, the appropriate hydrological and soil conditions, necessary sunlight, drought and salt water tolerance, coloring, shade cover, compatibility with other plants and usefulness as a habitat;

   2. identify suitable planting materials, soil types and mulch, for the purpose of facilitating stormwater retention; and

   3. set forth guidelines for the planning and organization of plantings, including the appropriate mixes of plants.

  1. The manuals developed pursuant to this section shall be accessible for use by property owners and professional land managers to increase stormwater retention and shall be made available on-line on the department’s website.
  2. All plantings conducted by the department after May 1, 2014, shall conform to the stormwater retention planting manual.

§ 18-141 Native biodiversity planting practices.

  1. Increased native biodiversity. By November 1, 2013, the department shall revise its design manual to increase biodiversity in its landscape practices. Such practices shall maximize the use of native plantings and drought and salt tolerant plantings, as appropriate, and minimize the presence of exotic monocultures on all city-owned property, including green streets, medians, sidewalks, parks and other areas where plantings occur. Where native plant species are not appropriate, such practices shall require the use of any plant species that has not been determined to be an invasive plant species by the New York state department of environmental conservation or by the department, or determined to be a noxious weed by the New York state department of agriculture and markets. Such manual shall include:

   1. a native species planting guide, to be updated at least every five years, that lists the qualities of native species suitable for planting in the city of New York, including, but not limited to, the appropriate hydrological and soil conditions, necessary sunlight, drought and salt water tolerance, coloring, shade cover, compatibility with other plants and usefulness as a habitat; and

   2. a list of alternative native species for commonly used non-native species.

  1. The manual developed pursuant to this section shall be accessible for use by property owners and professional land managers to increase biodiversity and the use of native species, and shall be made available on-line on the department’s website. For purposes of this section only, “native species” shall mean, with respect to a particular ecosystem, a species that, other than as the result of introduction, historically occurred or currently occurs in that ecosystem.
  2. All plantings conducted by the department after May 1, 2014, shall conform to the design manual promulgated or drafted pursuant to this section. Each calendar year from 2015 to 2019, inclusive, the department shall review the effectiveness of the use of its design manual to increase native biodiversity in public plantings and shall issue a report to the mayor and the council documenting the number and location of all native species plantings in the prior year, including efforts made by the department to utilize local genotypes, and a description of the department’s plans for increasing the diversity of native species in the city.
  3. Exemption. Botanic gardens and public institutions who possess plants for educational, scientific, historic or collection purposes and take precautions to prevent non-native species from going to seed or spreading beyond the existing planting shall be exempt from the requirements of this section.

§ 18-142 Tree removal protocol.

  1. The department, in consultation with the office of emergency management, department of sanitation, local electric corporations, and other utility corporations identified by the department, shall develop a protocol for the removal of trees on city property that have been downed or damaged as a result of severe weather events. Such protocol shall require the department:

   1. to establish effective means of communication with local electric corporations and other utility corporations identified by the department, so that the department is notified in a timely manner (i) of downed or damaged trees that have fallen on powered electrical wires or cables, and (ii) whether it is safe to remove such trees;

   2. to effectively coordinate city personnel engaged in tree removal on city property, upon receiving information regarding the status of downed or damaged trees;

   3. to establish a system whereby each report of downed or damaged trees is provided with a unique identifier or tracking number and a method to notify the local electric corporation and other utility corporations identified by the department when a downed or damaged tree on city property has been removed; and

   4. to establish a system whereby department personnel engaged in tree removal may be deployed with local electric corporation or other utility corporation personnel, if practicable, to assess and remove downed or damaged trees that have fallen on powered electrical wires or cables.

  1. The department shall publish prominently on its website as soon as is practicable after a severe weather event information instructing persons how to notify the city of downed or damaged trees or downed wires.
  2. The department shall submit a description of such protocol to the mayor and the speaker of the council, and publish such description prominently on its website, within one hundred eighty days after the enactment of the local law that added this subdivision.

§ 18-143 Report on parks department facilities.

  1. The commissioner shall submit a report to the mayor and the speaker of the city council on or before May 1 of each year identifying:

   1. park facilities, including but not limited to playgrounds, beaches, and pools, that have features specifically designed to be used by people with disabilities, and the location of such features;

   2. (i) park facilities that have been assessed during the immediately preceding calendar year for their compliance with the 2010 standards for accessible design, or where applicable, the uniform federal accessible standards or the 1991 Americans with disabilities act standards for accessible design;

      (ii) whether such assessment was performed in response to a complaint from a member of the public or in connection with plans to perform construction work;

      (iii) the findings from such assessment as to what actions need to be undertaken to address accessibility; and

      (iv) the plans that have been made to address accessibility based on such assessment;

   3. work undertaken within the immediately preceding calendar year to bring parks facilities into compliance with such standards; and

   4. work planned to be undertaken during the current calendar year to bring parks facilities into compliance with such standards.

  1. Such report shall include the address or location of each facility described.
  2. Nothing in this section shall be deemed to require that the department undertake construction or alterations that would not be required by such act or such standards.

§ 18-144 Annual report on park maintenance.

  1. Definitions. As used in this section, the following terms have the following meanings:

   Fixed-post maintenance staff. The term “fixed-post maintenance staff” means department maintenance staff who are assigned to perform maintenance work at a specific property under the jurisdiction of the commissioner.

   Functional acreage. The term “functional acreage” means any area of property under the jurisdiction of the commissioner that is routinely maintained by department staff.

   Mobile maintenance crew staff. The term “mobile maintenance crew staff” means department maintenance staff who are not assigned to work out of a specific property under the jurisdiction of the commissioner, but travel to different properties to perform maintenance work.

  1. On or before December 1 of each year, the commissioner shall, for the immediately preceding fiscal year, submit a report to the mayor and the council on the maintenance work performed by department staff at each property under the jurisdiction of the commissioner. Such report shall include information relevant to maintenance expenditures in parks properties, including:

   1. The name, type and unique internal identification number of each property;

   2. The size of each property, in total acreage and functional acreage;

   3. Whether the fixed-post maintenance staff are assigned to the property;

   4. Per quarter, the weekly mean of work-hours for staff allocated to perform maintenance activities at each property, for both fixed-post maintenance staff and mobile maintenance crew staff;

   5. Per quarter, the dollar value of the weekly mean of work hours for staff allocated to perform maintenance activities at each property, for both fixed-post maintenance staff and mobile maintenance crew staff;

   6. Per quarter, the weekly mean dollar value of estimated regional, district or borough-wide maintenance services provided at each property; and

   7. Per quarter, the total weekly mean dollar value of maintenance services provided at each property; provided however, should the commissioner develop another method of collecting the same or similar data pursuant to paragraphs 4 through 7 of this section, such report may be amended upon 30 days’ notice to the mayor and the council to include such data.

  1. The report pursuant to this section shall include, per quarter, the total dollar amount for any specialized maintenance services performed, if any, at each property, including but not limited to plumbing and electrical services.
  2. The report pursuant to this section shall, as of at least one date per quarter, provide the current total headcount by borough of park enforcement patrol officers assigned to work on properties under the jurisdiction of the commissioner, as determined by the existing headcount on that date.
  3. The commissioner shall submit such annual report to the mayor and the council pursuant to the following timetable:

   1. On or before December 1, 2016, information on non-specialized maintenance work performed at the one hundred largest properties as determined by functional acreage and the headcount of park enforcement patrol officers; and

   2. On or before December 1, 2017, and each year thereafter, information on non-specialized maintenance work performed at all properties under the jurisdiction of the commissioner, the headcount of park enforcement patrol officers and the data collected pursuant to subdivision c of this section.

  1. Each annual report shall be posted on the department’s website and the data collected in each report shall be posted on the city’s website in a non-proprietary format that permits automated processing.

§ 18-145 Reporting on capital project expenditures in parks.

The department shall post on the city’s website, in a non-proprietary format that permits automated processing, the status of each capital project, as defined in section 5-101 of the administrative code of the city of New York, on property under the jurisdiction of the commissioner. Such information shall include (i) the actual or estimated starting date and actual or estimated completion date of the current phase of such project; (ii) the total amount of funds allocated to such project or, when applicable, a range of the funds available; (iii) the identification of each separate source of funding allocated to such project; (iv) a description of such project; (v) the location of such project; and (vi) a quarterly update.

§ 18-146 Prohibitions in parks.

  1.    Penalties. In accordance with subparagraph (ii) of paragraph 9 of section 533 of the charter, the violation of any provision of this section shall be a misdemeanor punishable by not more than 20 days imprisonment or by a fine of not more than 1,000 dollars. Any person who violates this section shall, for the first violation, also be liable for a civil penalty of not more than 5,000 dollars, and for the second or any subsequent violation committed within a twelve month period, for a civil penalty of no more than 10,000 dollars, which may be recovered in a proceeding before the office of administrative trials and hearings pursuant to section 1049-a of the charter. For the purposes of this subdivision, the term “first violation” means any number of violations issued during a single incident. Nothing in this section shall be construed to prevent the department from promulgating additional rules concerning activities within the scope of this section; provided that except as specifically provided in this section, violation of such additional rules shall be subject to penalties in accordance with subparagraph (i) of paragraph 9 of section 533 of the charter rather than this section.
  2.    Notwithstanding any provision of law to the contrary, the civil penalty limitation in relation to noise set forth in section 24-270 shall govern where applicable.
  3. Offenses. The prohibitions set forth in this subdivision shall apply to public parks and to all property under the charge and control of the department.

   1. Failure to comply with lawful order. No person shall fail, neglect or refuse to comply with the lawful direction or command of any member of the police department, peace officer, park supervisor or such person’s superior, lifeguard, or department employee under the command of the parks enforcement patrol division.

   2. Pollute waters. No person shall throw, drop, allow to fall, or discharge into or leave in, or otherwise introduce into the waters within the jurisdiction of the department, including pools and bathing areas, or any tributary, brook, stream, sewer or drain flowing into said waters, any substance, liquid or solid, gas, or other item which may or will result in the pollution of said waters.

   3. Unlawful dumping. No person shall engage in unlawful dumping. For purposes of this subdivision “unlawful dumping” shall mean suffering or permitting any dirt, sand, gravel, clay, loam, stone, rocks, rubble, building rubbish, sawdust, shavings or trade or household waste, refuse, ashes, manure, garbage, rubbish or debris of any sort or any other organic or inorganic material or thing or other offensive matter being transported in a dump truck or other vehicle or conveyance to be dumped, deposited or otherwise disposed of.

   4. Aviation. No person shall voluntarily bring, land or cause to alight within or upon the jurisdiction of the department, any airplane, hot air balloon, parachute, hang glider, or other aerial craft or device, that endangers any person or property, except that certain areas may be designated appropriate landing places for medical evacuation helicopters. For the purposes of this subdivision “voluntarily” shall mean anything other than a forced landing caused by mechanical or structural failure of the aircraft or other aerial device.

   5. Explosives, firearms and weapons. No person shall bring into or have in his or her possession any firearms, slingshots, firecrackers, missile propelling instruments or explosives, including any substance, compound or mixture having properties of such a character that alone or in combination with other substances, compounds or mixtures, propel missiles, explode or decompose to produce flames, combustion, noise, or noxious or dangerous odors; provided that this subdivision shall not apply to: a sworn member of the uniformed force of the police department, whether on or off-duty; persons in the military or other service of the United States who are in pursuit of official duty or duly authorized by federal law, regulation or order to possess the relevant firearm or other item; persons in the military service of the state of New York when on duty and duly authorized by applicable regulations to possess the relevant firearm or other item; police officers as defined by subdivision 34 of section 1.20 of the criminal procedure law, if not otherwise specified by this subdivision, when on duty; or peace officers as defined by section 2.10 of the criminal procedure law, when on duty. Nothing in this subdivision shall be construed to prohibit the proper use of cigarette lighters, matches or of charcoal lighter fluid in proper containers in picnic grills where permissible pursuant to the rules promulgated by the commissioner.

   6.    Animals, nests and eggs. Except pursuant to a permit for trapping issued by the department, no person shall molest, chase, harass, injure, wound, trap, hunt, shoot, throw missiles at, kill or remove any animal, any nest, or the eggs of any amphibian, reptile or bird, or, otherwise harm or intentionally take actions that could reasonably harm any animal, nest, or such eggs. Further, no person shall knowingly buy, receive, have in his or her possession, sell or give away any such animal or egg taken from or killed within the jurisdiction of the department including any zoo area.

   7.    Failure to control animals. No person owning, possessing or controlling any animal shall cause or allow such animal to be unleashed or out of control in a manner prohibited by the rules of the department.

   8.    Trespass. No person, unless authorized to do so, shall knowingly enter or remain in a building or other structure, or upon real property, which is fenced, barricaded or otherwise enclosed in a manner designed to exclude or otherwise discourage entrance by any unauthorized individual, or shall enter or leave the jurisdiction of the department except by designated entrance ways or exits.

   9. Fee evasion. No person shall gain or attempt to gain admittance to department facilities or structures for the use of which charge is made without paying such charge.

   10. Climbing. No person shall climb upon any statue or artwork not specifically intended for climbing purposes in a manner that damages or could reasonably damage such statue or artwork.

   11. Dangerous roads. No person shall render dangerous any part of a road.

   12. Unlawful exposure. No person shall appear in public in such a manner that one’s genitalia are unclothed or exposed.

   13. Unlawful commercial activity. No person shall engage in any commercial activity or commercial speech, except pursuant to a permit issued by the department.

   14. Events without permits. No person shall hold or sponsor any event that significantly interferes with ordinary park use, as such interference is defined by rules of the department, without a permit issued by the department, or erect any structure, stand, booth, platform, or exhibit in connection with any event without a permit issued by the department.

   15. Unauthorized vending. No person shall vend in a manner prohibited by the rules of the department.

   16. Noise at night. No person shall play or operate any musical instrument or drum, radio, tape recorder or other device for producing sound in any park between the hours of 10:00 p.m. and 8:00 a.m., except under the express terms of a permit issued by the department, provided that the department may vary the hours specified in this paragraph in a particular park or area by means of posting signs advising the public of the restricted hours applicable to such park or area.

   17. Sound reproduction device. No person shall play or operate any sound reproduction device, as defined by the rules of the department, without a permit issued by the department and any other city agency or agencies with pertinent jurisdiction. This paragraph shall not apply to the regular and customary use of sound reproduction devices operated in full accordance with the rules of the department so as not unreasonably to disturb other persons in their permitted uses of the park, except that in areas designated by the department as “quiet zones,” such regular and customary use of sound reproduction devices shall be prohibited. Signs shall be posted in all quiet zones advising the public of such prohibition. Use of radios and other sound reproduction devices listened to solely by headphones or earphones, and inaudible to others, is permitted in all areas.

   18. Music or advertising noise without a permit. No person shall play or operate any musical instrument or drum or cause any noise for advertising or commercial purposes except under the express terms of a permit issued by the department.

   19. Unauthorized commercial cinematic production. No person shall engage in filming or photography, where such activity is subject to the permit requirements of the mayor’s office of film, theatre and broadcasting or any successor agency, except under the express terms of a permit issued by that office.

   20. Dangerous transportation vehicles. No person shall operate a bicycle, motor vehicle, or similar vehicle in a manner that endangers any other person or property.

   21. Boating. No owner or operator of a boat, vessel or dinghy shall violate rules of the department regulating the operation, docking, storage, maintenance or removal of such boat, vessel or dinghy, or the use or alteration of facilities connected with such activities.

   22   Unlawful fires.

      (a) No person shall kindle, build, maintain, or use a fire in any place in a manner prohibited by the rules of the department.

      (b) No person shall leave, throw away, drop, or toss any lighted match, cigar, or cigarette, hot coals, or other flammable material within, on, near, or against any tree, building, structure, boat, vehicle or enclosure, or in any open area. This paragraph shall not apply to extinguishing a cigar or cigarette on a paved surface.

   23. Unauthorized construction. No person shall perform or cause to be performed construction work of any kind or any work incidental thereto, including, but not limited to, construction staging, except pursuant to a permit issued by the department.

   24. Unauthorized excavations. No person shall perform, cause, suffer or allow to be performed any excavations or similar activity that significantly disrupts park property within or adjacent to any park property without a permit issued by the department.

   25. Area use restrictions.

      (a) No person shall engage in any toy or model aviation, model boating or model automobiling, or activity involving other similar devices except at such times and at such places designated or maintained therefor.

      (b) No person shall roller skate, ski, skateboard, sled or coast or ride on any similar device outside areas designated and maintained for such use in a manner that endangers any other person or property.

      (c) No person shall go upon the ice of any lake or pond in a manner prohibited by the department.

   26. Exclusive children’s playgrounds. No person shall enter any playground designated by sign as an exclusive children’s playground unless such person is accompanied by a child, in accordance with rules of the department.

§ 18-147 Destruction of trees and property.

Any violation of a department rule or regulation concerning the cutting, removal or destruction of any tree or concerning the destruction or abuse of other public property under the charge and control of the department, where such destruction or abuse results in significant damage or expense, shall be a misdemeanor punishable by not more than six months imprisonment or by a fine of not more than 15,000 dollars, or by both. Any violation of a rule or regulation concerning the unlawful cutting, removal or destruction of any tree or concerning the destruction or abuse of other public property, where such destruction or abuse results in significant damage or expense, shall also subject the violator to a civil penalty of not more than 10,000 dollars for each violation which may be recovered in a proceeding before the office of administrative trials and hearings pursuant to section 1049-a of the charter. Such proceeding shall be commenced by the service of a notice of violation returnable to such office pursuant to such section. The office of administrative trials and hearings shall have the power to impose the civil penalties prescribed herein in accordance with such section.

§ 18-148 Notification of tree removal.*

  1. Not less than two days prior to commencement of temporary parking restrictions on any street or roadway or a portion thereof, for the purpose of removal of trees by the department, the department shall post notice of the effective date of such restrictions on such street or roadway, unless the planned work is to occur in accordance with other existing parking restrictions, such as alternate side parking regulations. Such notification shall include the effective date of such restrictions, the location of such restrictions and the estimated end date of such restrictions.
  2. Nothing in this section shall be construed to require the department to provide notice of any temporary parking restrictions where such restrictions are required to commence immediately to preserve public safety.
  3. Nothing in this section shall be construed to require the department to complete planned removal within the estimated end date of such restrictions.

§ 18-148 Cleaning playground equipment after pesticide exposure.*

  1. As used in this section, the following terms have the following meanings:

   Park playground equipment. The term “park playground equipment” means playground equipment which is located within a playground operated by or under the jurisdiction of the department, including those for which the department has an agreement with a conservancy or other not-for-profit organization with respect to operation of any aspect of a playground.

   Pesticide. The term “pesticide” shall have the same meaning as provided in section 17-1101 of this code.

  1. Within 24 hours of the spraying of any pesticide by or on behalf of a city agency, the department shall clean all park playground equipment located less than the minimum distance from such spraying, as set forth in rule by the department of health and mental hygiene, at which such equipment will not be exposed to such pesticide.

§ 18-149 Discounted recreation center fees.

Annual membership fees for each recreation center under the jurisdiction of the department shall be reduced for persons 62 years of age or older, persons between 18 and 24 years of age, veterans and persons with disabilities. Such reduced fees shall be no greater than 25 percent of the highest annual membership fee charged at such recreation center.

(L.L. 2016/018, 2/19/2016, eff. 6/18/2016; Am. L.L. 2017/133, 8/8/2017, eff. 8/8/2018)

§ 18-150 Defibrillators at youth baseball games and youth softball games and practices in parks.

  1. Definitions. As used in this section, the following terms have the following meanings:

   Automated external defibrillator. The term “automated external defibrillator” means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia; (ii) is capable of determining, without intervention by an individual, whether defibrillation should be performed on a patient; (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient’s heart; and (iv) upon action by an individual, delivers an appropriate electrical impulse to a patient’s heart to perform defibrillation.

   Department. The term “department” means the department of parks and recreation or any successor of such department.

   Training course. The term “training course” means a course approved by a nationally-recognized organization or the state emergency medical services council in the operation of automated external defibrillators.

   Youth league. The term “youth league” means youth recreation sports leagues other than the public school leagues, including school leagues, little leagues, community based organization leagues, and unaffiliated leagues.

   Youth recreation. The term “youth recreation” means athletic activity with participants who are all 17 years old or younger, but includes grade school through high school athletic programs regardless of the age of the participants.

  1. Subject to the provision of a sufficient number of automated external defibrillators and training courses by the department pursuant to subdivision c or subdivision m, a youth league using a ballfield under the jurisdiction and management of the department to play or practice baseball or softball, or any other youth league provided with an automated external defibrillator pursuant to this section shall:

   1. make available an automated external defibrillator at every game and practice occurring at such field in which a team of such league participates; and

   2. where practicable, ensure that there is at least one coach, umpire or other qualified adult who is present at each such game and practice who has successfully completed a training course within 24 months of every such game and practice.

  1. The department shall provide to youth leagues subject to the requirements of subdivision b a sufficient number of automated external defibrillators and training courses at no cost to such leagues. Any defibrillator provided by the department to such a league shall be returned in satisfactory condition upon request of the department.
  2. The department shall not issue a permit to a youth league for the use of a ballfield under its jurisdiction and management to play baseball or softball unless, for the duration of the season for which the permit is sought, such league certifies that it will comply with subdivision b.
  3. Each league shall maintain records that it possesses a sufficient number of automated external defibrillators to meet the requirements of subdivision b for three years from the date such league receives the permit that was the subject of the application.
  4. Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment using an automated external defibrillator that has been made available pursuant to this section, to a person who is unconscious, ill or injured, and any individual or entity that purchases or makes available an automated external defibrillator as required by this section, is entitled to the limitation of liability provided in section 3000-a of the New York state public health law.
  5. Nothing contained in this section imposes any duty or obligation on any person to provide assistance with an automated external defibrillator to a victim of a medical emergency.
  6. Nothing contained in this section affects the obligations or liability of emergency health providers pursuant to section 3000-b of the New York state public health law.
    1. The ballfield permit holder of any league that violates the provisions of subdivisions b or e shall receive a warning for a first violation, and shall be liable for a civil penalty of $500 for each subsequent violation, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.

   2. The ballfield permit holder of any league that violates the provisions of subdivision c shall be liable for a civil penalty of no more than $2,500 for each automated external defibrillator that is not returned in satisfactory condition to the department, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.

  1. No ballfield permit shall be issued to any youth league that has a past due outstanding penalty for a violation issued pursuant to paragraph 2 of subdivision i.
  2. The provision of automated external defibrillators and training courses authorized by this section shall be limited to the appropriation of funds available for this program. To the extent the department anticipates that the number of automated external defibrillators and training courses requested by youth leagues will exceed the funds available, the department shall provide such defibrillators and training courses authorized by subdivision c on an equitable basis until such funds are exhausted.
  3. The commissioner of the department shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section.
  4. If the department has any undistributed automated external defibrillators remaining after complying with subdivision c of this section, the department may distribute such automated external defibrillators to any other youth league at no cost to such youth league. Any automated external defibrillator so distributed shall be returned in satisfactory condition upon request of the department.

§ 18-151 Street tree maintenance information posted online.

The department shall post on its website certain information relating to street tree maintenance and sidewalk repair. Such information shall be updated not less frequently than quarterly and shall, at a minimum, include the following:

  1. The approximate date and location of each upcoming, regularly scheduled street tree pruning, street tree stump removal and street tree planting;
  2. The date, location and status of each street tree pruning, street tree stump removal and street tree planting that occurred within the previous six months;
  3. For each planned sidewalk repair to address sidewalk damage that was (i) reported through a 311 citizen service center request or reported by other means of notification and (ii) caused by a street tree under the jurisdiction of the department:

   (a) The approximate date and location of such repair; and

   (b) The date of the initial request for repair.

  1. For work to address sidewalk damage (i) that was caused by a street tree under the jurisdiction of the department and (ii) where such repair or inspection commenced in the previous six months:

   (a) For each sidewalk repair or inspection, the date, location and status of such repair or inspection, including the sidewalk rating that resulted from such inspection; and

   (b) For each sidewalk inspection, the number of notifications concerning such damage received through the 311 citizen service center request or reported by other means of notification in the 90 day-period preceding commencement of such work.

§ 18-152 Pedestrian access to park facilities.

  1. For any capital project, as defined in section 5-101 of the code, that includes the construction or reconstruction of an outdoor athletic facility, where such facility is within a park under the jurisdiction of the department, is located within 500 feet of a public street and is undertaken on or after the effective date of the local law that added this section, the agency responsible for the design of such project shall construct a sidewalk and a pathway to such sidewalk that is adjacent to such public street and is either sufficient for the unloading of persons from vehicles or is connected to such public transportation. Where there is a parking lot adjacent to such outdoor athletic facility, only a pathway between such parking lot and facility need be constructed.
  2. The commissioner may exempt a capital project from this section if in the commissioner’s judgment such exemption is necessary in the public interest. Within 120 days after the end of each fiscal year, the commissioner shall report to the council on any exemptions granted pursuant to this subdivision during such year and the basis for such exemptions.

§ 18-153 Notice of changes to capital projects.

For the purposes of this section, the term “capital project” shall have the meaning ascribed to such term in section 5-101 of the code. Within 30 days after the registration of a capital project change order that satisfies each of the following conditions, the department shall provide written notification of such change order by facsimile, regular mail, electronic mail or by personal delivery to each council member, if any, who allocated funds for such capital project:

  1. The capital project to which such change order applies is under the jurisdiction of the department and has an original registered construction contract value of more than $500,000; and
  2. Such change order has a value greater than 10 percent of such original registered construction contract value.

§ 18-154 Bathing season for beaches and pools.

  1. The commissioner shall ensure that (i) the bathing season of each year for beaches and pools under the jurisdiction of the department ends on the Sunday following Labor Day and (ii) during such season, each such bathing beach and pool remains open to the public each day, at a minimum, from the hours of 10:00 a.m. to 6:00 p.m.
  2. Notwithstanding subdivision a of this section, the commissioner may limit the bathing season for extreme weather conditions, staffing level requirements for beaches or particular facilities, and the safety of the public.

§ 18-155 Installation of bollards.

  1. Definition. As used in this section, the term “bollard” means any raised concrete and/or metal post that is designed to slow or stop motor vehicles.
  2. By July 30, 2019, and every year thereafter, the commissioner shall submit to the council an annual report on the installation of bollards in the city. Such report shall include:

   1. The total number of locations under the jurisdiction of the department where bollards have been installed by the department and the total number of such bollards installed in the 12-month period ending on June 30 of such year; and

   2. The total number of authorizations for bollard installation by third parties at locations under the jurisdiction of the department issued during the 12-month period ending on June 30 of such year.

§ 18-156 Soil lead testing.

  1. For the purposes of this section, the term “covered capital project” means a capital project, as defined in section 5-101, that is within the jurisdiction of the department and that upon completion of construction is expected to include an area containing publicly accessible exposed soil that is intended for active play or passive recreation, provided that the design phase of such capital project commences after the effective date of this section.
  2. Before construction work on a covered capital project commences, the department shall determine the lead level of soil within the area of such covered capital project. Where such lead level is at or above the level set forth in paragraph (c) of section 745.65 of title 40 of the code of federal regulations, the department shall, as part of such covered capital project, cover, replace, make inaccessible or otherwise remediate any soil within such area that is designated for active play or passive recreation.

Chapter 2: Summer Camps For Children

§ 18-201 Summer camps for children.

  1. The board of estimate, within the amounts appropriated therefor, is authorized to establish camps in spaces provided therefor in parks adjacent to the city under the jurisdiction and control of the state council of parks, recreation and historic preservation. Such camps shall be used to furnish free instruction and maintenance of children between the ages of six and sixteen years and shall be under the jurisdiction of such agency as may be designated by the board.
  2. Such agency shall provide opportunity for children to receive instruction which shall not exceed ten hours per week in camp sanitation, elementary hygiene, first aid to the injured, life saving, swimming and physical training and such other similar subjects as it may deem proper. Such agency shall prescribe rules and regulations for admission to such camps and the conduct and discipline thereof.
  3. Such camps shall be operated between July first and August thirty-first of each year. Children shall be entitled to free instruction and maintenance in any such camp for a period of only two weeks during any one year.
  4. Such agency shall make an annual report to the mayor on or before the fifteenth day of February of matters relating to carrying out the provisions of this section.