US Laws, Codes, Statutes & Cases

 
    §  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 and the
  battery park city authority provided that such trust or  authority  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 and the battery park city authority.
    (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 fourteen hundred four  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 fourteen hundred four 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.