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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.
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.
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 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 material 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.
(Am. L.L. 2023/068, 5/29/2023, eff. 6/28/2023)
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.
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