Section 531.
§ 531. Department; commissioner. There shall be a department of
parks and recreation the head of which shall be the commissioner of
parks and recreation.
Section 533.
§ 533. Powers and duties of the commissioner. Except with respect to
the functions of the board of education and except as otherwise provided
by law, the commissioner shall have the power and it shall be his or her
duty:
a. Parks
1. to manage and care for all parks, squares and public places, the
sidewalks immediately adjoining the same and all playgrounds, playground
fixtures and other recreation properties, except those within the
jurisdiction of the board of education or other agencies, but such
jurisdiction shall not extend to or include the buildings which are now
or hereafter may be erected in parks, squares or public places for
governmental purposes other than those of the department;
2. to prepare plans for the establishment and improvement of a park
system for the city with due regard to proper connections with the
systems of federal, state and county parks and recreation areas in the
city and the counties adjacent to the city, and execute the same when
authorized in accordance with the provisions of this charter;
3. to maintain the beauty and utility of all parks, squares, public
places, playgrounds and other recreational properties, except those
within the jurisdiction of the board of education and to institute and
execute all measures for the improvement thereof for ornamental purposes
and for the beneficial uses of the people of the city;
4. to plant and maintain trees and to construct, erect and establish
seats, drinking fountains, statues and works of art in any place within
his or her jurisdiction, and to determine when and where lamps or
lighting appliances shall be placed and lighted therein and the design
thereof;
5. to authorize and regulate the use of and the projections on and
determine the line or curb and the surface construction of all streets
and avenues lying within any park, square or public place or within a
distance of three hundred fifty feet from the outer boundaries thereof;
6. to maintain buildings and structures now or hereafter erected or
established in any park, square, public place or playground under his or
her jurisdiction and to carry out and perform existing contracts with
corporations or institutions for the construction and maintenance of
such buildings and structures;
7. to provide the necessary instruments, furniture and equipment for
the several buildings and structures within his or her jurisdiction and
to develop and improve the same subject to the provisions of law and
existing contracts;
8. to have the management, direction and control of all real or
personal property granted, devised, bequeathed or conveyed to the city
for the extension, improvement or ornamentation of the parks, squares or
public places in the city or for the establishment or maintenance,
within the limits of any such park, square or public place, of
playgrounds, other recreational properties and other facilities within
the department's jurisdiction and upon such trusts and conditions as may
be prescribed by the grantors or donors thereof and accepted by the
commissioner, or proposed by the commissioner and accepted by the
grantors or donors thereof;
9. to establish and enforce rules and regulations for the use,
government and protection of public parks and of all property under the
charge or control of the department, which rules and regulations so far
as practicable shall be uniform in all boroughs and shall have the force
and effect of law. Such rules and regulations shall apply to and shall
be enforceable within public parks, recreational facilities and other
property under the jurisdiction of the Hudson river park trust, the
battery park city authority and the Brooklyn bridge park corporation
provided that such trust, authority or corporation have entered into
agreements with the commissioner to provide for the maintenance,
protection and/or government of such property by the department, except
to the extent that such rules and regulations are inconsistent with
specific rules and regulations of the Hudson river park trust, the
battery park city authority or the Brooklyn bridge park corporation.
(i) Any violation of such rules or regulations, except any violation
of subparagraph (ii) of this paragraph, shall be a misdemeanor triable
by a judge of the criminal court of the city of New York and punishable
by not more than ninety days imprisonment or by a fine of not more than
one thousand dollars or by both. Any violation of such rules or
regulations shall also subject the violator to a civil penalty of not
more than ten thousand dollars for each violation which may be recovered
in a proceeding before the environmental control board. Such proceeding
shall be commenced by the service of a notice of violation returnable to
the environmental control board.
(ii) Any violation of a rule or regulation concerning the unlawful
cutting, removal or destruction of any tree shall be a misdemeanor
triable by a judge of the criminal court of the city of New York and
punishable by not more than one year imprisonment or by a fine of not
more than fifteen thousand dollars or by both. Any violation of a rule
or regulation concerning the unlawful cutting, removal or destruction of
any tree shall also subject the violator to a civil penalty of not more
than ten thousand dollars for each violation which may be recovered in a
proceeding before the environmental control board. Such proceeding 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;
9-a. by agreement with the battery park city authority (a public
benefit corporation established pursuant to title twelve of article
eight of the public authorities law), to enforce the rules and
regulations of such authority or of a not-for-profit corporation acting
on behalf of such authority, relating to the use, government and
protection of public parks and recreational facilities of and adjacent
to battery park city within the jurisdiction of such authority. In
addition to or as an alternative to any of the remedies or penalties
provided under any other provision of law, violation of such rules and
regulations shall be punishable by a civil penalty of not more than five
hundred dollars for each violation, which may be recovered in a
proceeding before the environmental control board. Such proceeding shall
be commenced by a notice of violation returnable before such board. The
procedures set forth in section one thousand forty-nine-a of this
charter applicable to the adjudication by the environmental control
board of violations within the jurisdiction of the commissioner shall
apply to the adjudication of violations of such rules and regulations by
such board and final orders of such board imposing civil penalties for
such violations shall constitute judgments that may be entered and
enforced as set forth in such section.
9-b. by agreement with the Hudson river park trust (a public benefit
corporation established pursuant to section five of the Hudson river
park act, chapter five hundred ninety-two of the laws of nineteen
hundred ninety-eight), to enforce the rules and regulations of such
trust relating to the use, government and protection of the Hudson river
park, created pursuant to section four of such act. In addition to or as
an alternative to any of the remedies or penalties provided under any
other provision of law, violation of such rules and regulations shall be
punishable by a civil penalty of not more than five hundred dollars for
each violation, which may be recovered in a proceeding before the
environmental control board. Such proceeding shall be commenced by a
notice of violation returnable before such board. The procedures set
forth in section one thousand forty-nine-a of this charter applicable to
the adjudication by the environmental control board of violations within
the jurisdiction of the commissioner shall apply to the adjudication of
violations of such rules and regulations by such board and final orders
of such board imposing civil penalties for such violations shall
constitute judgments that may be entered and enforced as set forth in
such section.
9-c. by agreement with the Brooklyn bridge park corporation (a
not-for-profit corporation formed pursuant to section four hundred two
of the not-for-profit corporation law), to enforce the rules and
regulations of such corporation, relating to the use, government and
protection of public parks and recreational facilities within the
jurisdiction of such corporation. In addition to or as an alternative to
any of the remedies or penalties provided under any other provision of
law, violation of such rules and regulations shall be punishable by a
civil penalty of not more than five hundred dollars for each violation,
which may be recovered in a proceeding before the environmental control
board. Such proceeding shall be commenced by a notice of violation
returnable before such board. The procedures set forth in section one
thousand forty-nine-a of this charter applicable to the adjudication by
the environmental control board of violations within the jurisdiction of
the commissioner shall apply to the adjudication of violations of such
rules and regulations by such board and final orders of such board
imposing civil penalties for such violations shall constitute judgments
that may be entered and enforced as set forth in such section.
10. to plan, conduct, supervise, coordinate and promote conservation,
environmental, and nature education programs and research and
demonstration projects relating thereto and to plan, acquire, design,
construct, improve, alter, maintain and manage areas and facilities for
conservation and the preservation of natural beauty; and subject to the
approval of the mayor, undertake to enter into arrangements with other
city, state or federal agencies and recommend to the mayor such
arrangements with private, voluntary or commercial agencies, to be
entered into subject to the provisions of law, for the performance of
functions relating to conservation and the preservation of natural
beauty;
11. to plan, plant and maintain trees and other plantings and to plan,
acquire, design, construct, improve, alter, repair and maintain works of
art, as same are defined in subdivision a of section eight hundred
fifty-four of the New York city charter, on or over the streets,
avenues, squares, parks, docks, piers or other public places belonging
to the city, except as otherwise provided by law; and, subject to the
approval of the mayor, undertake to enter into arrangements with other
agencies of the city, state and federal government and recommend to the
mayor such arrangements with private, voluntary or commercial agencies,
to be entered into subject to the provisions of law, for the performance
of functions relating to neighborhood beautification.
b. Recreation
1. to plan, acquire, construct, improve and manage facilities for the
recreation of the public;
2. to plan, develop, conduct and supervise recreation programs for the
public including research and demonstration projects relating thereto;
3. to review and coordinate recreation activities and programs and
facilities conducted by agencies of the city and the budget estimates
submitted by such other agencies for such activities and make such
recommendations to the mayor with respect to them as may be appropriate;
and
4. to undertake, subject to the approval of the mayor, and to enter
into arrangements with other agencies of the city, state or federal
government and to recommend to the mayor such arrangements with private,
voluntary or commercial agencies to be entered into, subject to the
provisions of law, for the performance of any recreation functions
conferred upon the department by this chapter or otherwise.
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.
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