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a. The department shall inspect each tree under its jurisdiction over 6 inches in caliper, to determine if any issue threatens the health of such tree or causes such tree to pose a threat to public safety, at least once between each time such tree is pruned by the department or by a person authorized by the department to perform routine scheduled maintenance of such tree. Such inspection shall not be required for trees in forests and natural areas, and shall be limited to inspections of trees located on streets and trees located in landscaped parks, which for purposes of this section are referred to as "covered trees".
b. The department shall post on its website a description of the process used and the factors considered by the department, and by any person authorized by the department, to determine when inspections are performed on trees under the jurisdiction of the department in order to assess the health of such trees.
c. No later than November 1 of each year, the department shall, for the period covering the immediately preceding fiscal year, submit an annual report to the mayor and the speaker of the council that includes, but is not limited to, the following information:
1. The total number and location of all covered trees inspected by the department or persons authorized by the department, the result of such inspections and the actions taken by the department in response to such inspections;
2. The number and location of requests or referrals for inspection of a covered tree through the 311 citizen service center or other means and the number of such trees that were inspected by the department or a person authorized by the department;
3. The date of each referral or request for an inspection of a covered tree and the reason, if any, that was provided for such referral or request;
4. The action taken by the department in response to each request or referral for inspection and the date such action was taken; and
5. A regularly updated map on the website of the department that displays each covered tree that has been inspected, the result of such inspection and the action taken by the department in response to the result of such inspection.
(L.L. 2022/020, 1/9/2022, eff. 1/9/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2022/020.
a. Definition. For the purposes of this section, the term "park feature" means a structural or landscape element of a park or other property under the jurisdiction of the department, including, but not limited to: athletic fields; benches; fences; lawns; horticultural areas; paved surfaces; play equipment; public restrooms and the fixtures within; safety surfacing; sidewalks; trees; unpaved trails; and any condition related to cleanliness, such as the presence of litter, graffiti, broken glass, ice or weeds.
b. The department shall develop standards for grading park features through an inspection program conducted independently from agency maintenance staff. In determining a grade for a park feature, the standards shall consider whether the condition of any park feature is suitable for the intended state of such park feature. Upon the conclusion of an inspection, a grade of acceptable or unacceptable for the relevant park features shall be issued.
c. By December 31, 2022 and every six months thereafter, the department shall submit a report to the mayor and the council regarding park features under the jurisdiction of the department that were found to receive an unacceptable rating three or more times during a six month period, resulting from inspections conducted by the department.
d. The report required by subdivision c of this section shall include, but need not be limited to:
1. The date and location of each inspection performed by the department of a park feature of a park, playground, pool, beach or recreation center, where such park feature was issued an unacceptable rating during such inspection three or more times during a six-month period;
2. For each such park feature, a description of the condition that resulted in an unacceptable rating being issued;
3. A plan that describes the work deemed necessary by the department to be performed in order to bring such feature into a condition where it would be rated as acceptable pursuant to an inspection performed by the department; and
4. An estimate of the cost and timeframe required to complete such work.
e. The department shall maintain a website listing all public restrooms under the jurisdiction and management of the commissioner, which shall include:
1. The location of each public restroom;
2. The number of sinks, toilets and changing tables in each public restroom;
3. A website link to data related to the general level of cleanliness of each public restroom and the condition and functionality of each feature and the fixtures within, as determined by an inspection performed pursuant to this section;
4. A website link to information regarding department reporting procedures for complaints related to applicable accessibility requirements; and
5. Any other feature of each public restroom the department deems relevant.
(L.L. 2022/067, 6/5/2022, eff. 9/3/2022; Am. L.L. 2023/144, 11/5/2023, eff. 11/5/2023)
a. Subject to appropriation, by December 31, 2027, every restroom intended for use by the general public in every park under the jurisdiction of the commissioner shall have a safe, sanitary and convenient diaper changing station, deck, table or similar amenity, which shall comply with section 603.5 (Diaper Changing Tables) of ICC A117.1, except where the commissioner determines that a restroom does not offer sufficient space for the installation of a diaper changing station, or where the installation of a diaper changing station would negatively impact public safety.
b. By December 31, 2026, three quarters of the restrooms subject to the requirements of subdivision a of this section shall have a diaper changing station, deck, table or similar amenity, as described in such subdivision.
c. By December 31, 2025, one-half of the restrooms subject to the requirements of subdivision a of this section shall have a diaper changing station, deck, table or similar amenity, as described in such subdivision.
d. Where the commissioner determines, pursuant to subdivision a of this section, that a restroom does not offer sufficient space for the installation of a diaper changing station, or that the installation of a diaper changing station would negatively impact public safety, the commissioner shall notify the speaker of the council and the council member in whose district such restroom is located within 10 days of such determination being made. Such notice shall be in writing, specify the location of such restroom, and state the reason and basis for the commissioner's determination.
(L.L. 2023/056, 5/12/2023, eff. 5/12/2023)
a. Definition. As used in this section, the term “water safety instruction” means a series of lessons designed for students of a particular age group or skill level administered by the department to teach swimming and related water safety awareness, including swim for life or any similar or successor program.
b. Subject to appropriation, staffing requirements, and the availability of adequate facilities, the department, in consultation with the department of education, shall offer water safety instruction at no cost to New York city public school second grade students. Where such instruction takes place at a recreation center under the jurisdiction of the department, necessary employees of the department of education shall not be required to purchase a membership to such recreation center to accompany such students for such instruction.
(L.L. 2023/129, 10/15/2023, eff. 2/12/2024)
a. An agency or office designated by the mayor, in consultation with the department of parks and recreation and any city agency, state agency, public authority, or person whom the agency or office deems to have appropriate information or expertise, shall conduct a survey of property owned and controlled by the city of New York in each borough to analyze whether any such property may be suitable for the construction of a swimming pool, provided that, to the extent practicable, any such property located in an environmental justice area, as such term is defined in section 3-1001, shall be prioritized for such analysis. The designated agency or office shall submit such survey to the mayor and the speaker of the council no later than October 1, 2025. Such survey shall include, but not be limited to:
1. The location of each surveyed property and a description of the city agency or office that has jurisdiction over such property;
2. An analysis of the condition of each surveyed property and a determination whether construction of a swimming pool on such property is feasible;
3. For each property where such analysis indicates that construction of a swimming pool is feasible, a description of the necessary steps that would be associated with such construction, an assessment of whether construction of more than 1 swimming pool or an additional recreational or athletic facility on such property is feasible, a description of the typical length of time of a construction project for such swimming pool or such a facility, a description of the typical overall cost of such a project, and an indication whether such property is located within an environmental justice area, as such term is defined in section 3-1001; and
4. A list of proposed properties where the construction of a pool is planned within 5 fiscal years following submission of the survey required by this section, including a description of factors that may be considered by the department in identifying the properties in such list, including whether such properties are located in a low- or moderate-income community.
b. No later than October 1, 2025, the designated agency or office shall also submit an assessment of existing swimming pools located on property owned and controlled by the city of New York to the mayor and the speaker of the council. Such assessment shall include, but need not be limited to, the following information:
1. For each such swimming pool undergoing capital reconstruction or planned to undergo capital reconstruction, an assessment that describes the capital or maintenance needs that prompted the capital work, the current estimated costs for such work, and whether the property is located in an environmental justice area, as such term is defined in section 3-1001; and
2. For each such swimming pool, a description of the educational and recreational programs offered and how such programs meet the needs of the community district where such pool is located.
c. The designated agency or office shall update the assessment described in subdivision b of this section and submit such update to the mayor and speaker of the council no later than October 1, 2027 and every 2 years thereafter. Such update shall also include a description of any new locations, if any, that were surveyed for potential pool construction since the initial survey pursuant to subdivision a of this section occurred, or whether any changes to the condition of previously surveyed sites has occurred.
(L.L. 2023/132, 10/15/2023, eff. 1/13/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/132.
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