Section 18-101
§ 18-101 Department of parks and recreation; commissioner. a.
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.
b. 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.
Section 18-102
§ 18-102 Uniform force. a. The members of the department shall be
divided into the administrative and clerical force and the uniformed
force.
b. 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.
Section 18-103
§ 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".
Section 18-104
§ 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.
Section 18-105
§ 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.
Section 18-105.1
§ 18-105.1 Trees, bushes and other vegetation obstructing a traffic
signal or device. a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
Section 18-106
§ 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.
Section 18-107
§ 18-107 Replacement of trees. a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
Section 18-108
§ 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.
Section 18-108.1
§ 18-108.1 Prohibitions on beaches. a. 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 ordnance 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 drifting 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 mound 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
security 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.
b. 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.
c. (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.
d. 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.
e. 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.
f. 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.
g. 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.
h. The provisions of this section shall be enforced by an authorized
designee of the commissioner or by a member of the police department.
i. 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.
Section 18-109
§ 18-109 Setbacks along boardwalks and beaches. a. 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.
b. 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.
c. 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.
Section 18-110
§ 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.
Section 18-111
§ 18-111 Gifts of real and personal property. a. 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.
b. 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.
Section 18-112
§ 18-112 Restrictions on Eastern parkway, etc. a. 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.
b. 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.
c. 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.
d. 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.
Section 18-113
§ 18-113 Restrictions on Ocean parkway. a. 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
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. Such use and ornamentation shall be under the
direction of the department.
b. 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.
c. 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.
Section 18-114
§ 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.
Section 18-115
§ 18-115 Richmondtown exhibit. a. 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.
b. 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.
c. 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.
Section 18-116
§ 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.
Section 18-117
§ 18-117 Perkins arboretum. a. 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.
b. 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.
c. 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 non-profit 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.
d. 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.
e. 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
one-half 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.
f. 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.
Section 18-118
§ 18-118 Renting of stadium in Flushing Meadow park; exemption from
down payment requirements. a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
Section 18-119
§ 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.
Section 18-120
§ 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.
Section 18-121
§ 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.
Section 18-122
§ 18-122 Bicycle and tricycle areas in parks. a. 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.
b. 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.
Section 18-123
§ 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.
Section 18-124
§ 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.
Section 18-125
§ 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
above-described areas as wildlife sanctuaries.
Section 18-126
§ 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.
Section 18-127
§ 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.
Section 18-128
§ 18-128 Renting of tennis stadium and center in Flushing
Meadows-Corona Park. a. 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.
b. 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.
c. 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.
d. 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.
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 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.
3. 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.
Section 18-128.1
§ 18-128.1 Snug Harbor. a. 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.
b. 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.
c. 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.
d. 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.
Section 18-128.2
§ 18-128.2 Bryant Park. a. 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.
b. 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.
Section 18-129
§ 18-129 Fines for unlawful cutting of trees on department property.
a. 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.
b. 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.
c. 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.
Section 18-130
§ 18-130 Ward's and Randall's islands; development into park. a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
Section 18-131
§ 18-131 Posting of signs. a. 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.
b. 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.
c. 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.
d. 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.
Section 18-132
§ 18-132 Displaying a POW/MIA flag over public property. 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.
Section 18-133
§ 18-133 Adopt-A-Park Program. a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. (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.
g. (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.
h. The comptroller shall have the power to audit and investigate all
matters relating to the finances and the financial operations of the
program.
Section 18-134
§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
funding and donations provided by non-governmental sources to parks
under the jurisdiction of the department. Such report shall include (i)
the amount of funding allocated 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
funding and value is more than five thousand dollars; and (ii) the
amount of funding allocated and the value of goods donated by
organizations and individuals for each park where such information is
provided by such organization or individual exempt under applicable
provisions of the Internal Revenue Code who file IRS Form 990 based on
their having annual gross receipts of more than twenty-five thousand
dollars, or for each service district or borough where such information
is so designated. Such report, to the extent practical, shall list
organizations and individuals allocating such funds or donating such
goods, provided that any such organization or individual allocating such
funds or donating such goods anonymously shall be listed without
identifying information.
Section 18-135
§ 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.
Section 18-136.
§ 18-136. Advisory committee for new surfacing materials. a. For
purposes of this section, "surfacing materials" shall mean infill
materials, blades of synthetic turf and surfaces used under and around
play equipment.
b. 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 materials
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.
c. (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.
d. 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.
e. 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.
Section 18-137
§ 18-137 Representation on park conservancies. a. 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.
b. 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.
Section 18-138
§ 18-138 Locations of concessions in parks. a. 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.
b. 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.
Section 18-139
§ 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.
Section 18-140
§ 18-140 Stormwater retention planting manual. a. 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.
b. 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.
c. All plantings conducted by the department after May 1, 2014, shall
conform to the stormwater retention planting manual.
Section 18-141
§ 18-141 Native biodiversity planting practices. a. 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.
b. 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.
c. 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.
d. 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.