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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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/048, L.L. 2005/029 and L.L. 2005/117.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/032.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/055.
Beginning December 1, 2009, and annually thereafter, the commissioner shall submit a report to the council for the immediately preceding fiscal year on funds and the value of goods donated by non-governmental sources to the department for parks under the jurisdiction of the department. Such report shall include (i) the amount of funds and the value of goods donated by organizations or individuals to the department by park where such funding or goods are designated for a particular park, or by service district or borough if there is no such designation, provided that such funds or goods are valued at more than five thousand dollars; and (ii) where the department has entered into a conservancy arrangement, as defined by section 18-137 of this chapter, with a conservancy, as defined by section 18-137 of this chapter, to provide maintenance and operation services for a park or portion of a park under the jurisdiction of the department, the department shall require such entity to provide data to the department concerning the total amount of expenditures made by such entity for such park or portion of a park. The department shall require that any conservancy that enters into or renews a conservancy arrangement with the department after July 1, 2015, concerning a park or portion of a park under the jurisdiction of the department, provide the department with the data regarding its expenditures for such a park or portion of a park. Prior to July 1, 2015, the department shall, where practicable, seek such information from any conservancy with whom the department has an existing conservancy arrangement, provided that where the department is unable to obtain such information from such conservancy, it shall state the reason why such information was not able to be obtained. Such report, to the extent practicable, shall list organizations and individuals donating funds and goods to the department, provided that any such organization or individual donating funds or goods anonymously shall be listed without identifying information.
(Am. L.L. 2015/016, 3/3/2015, eff. 3/3/2015)
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.
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