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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.
Subject to appropriation and the availability of adequate facilities and sufficient staffing to meet the requirements of this section, the department shall offer swimming lessons for children and adults, including persons with disabilities, at each indoor pool location under the jurisdiction of the commissioner that is open to the public. Such lessons shall be free of charge to residents of the city with a valid recreation center membership issued by the department and shall be offered no less than 3 days per week.
(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.
a. No later than November 1, 2024 and every November 1 thereafter, the department shall submit a report to the mayor and the speaker of the council regarding the number of lifeguards hired to work at beaches and pools under the jurisdiction of the department. Such report shall include, but need not be limited to:
1. The number of lifeguards hired to work at beaches and outdoor pools under the jurisdiction of the department for the bathing season that year;
2. The number of lifeguards hired to work at indoor pools located at recreation centers under the jurisdiction of the department as of October 1 of that year;
3. A description of the safety training that is provided to lifeguards at beaches and pools under the jurisdiction of the department as of October 1 of that year, including information on how often such training is provided;
4. The number and location of incidents that required emergency assistance by a lifeguard at each beach and pool under the jurisdiction of the department that occurred during the immediately preceding 12 months ending October 1 of that year; and
5. The number of indoor and outdoor pools that are under the jurisdiction of the department, the number of such pools closed to the public for maintenance or other purposes as of October 1 of that year, and when each closed pool is estimated to be reopened for public use.
(L.L. 2023/134, 10/15/2023, eff. 10/15/2023)
a. For purposes of this section, the following terms have the following meanings:
Designated agency. The term “designated agency” means an agency or office designated by the mayor to implement the requirements of this section.
Light detection and ranging. The term “light detection and ranging” means a form of measuring variable distances to earth from the air using a laser or other light source to gather 3-dimensional information about surface characteristics of the earth.
Urban forest. The term “urban forest” means all the trees contained within New York city, whether or not they are under the jurisdiction of the commissioner or on property owned by the city.
b. On or before July 31, 2025, and every 10 years thereafter, the designated agency, in consultation with the department and the mayor’s office of long-term planning and sustainability or successor office, shall develop and report on an urban forest plan that identifies strategies and sets goals to protect, care for, and expand the urban forest canopy with an overall goal of equitably expanding the urban forest canopy to cover 30 percent of land within the city. Such plan shall be submitted to the mayor and the speaker of the council and be posted on the website of the designated agency.
c. The designated agency shall collaborate with any other agency, state agency, public authority, or person that the designated agency deems to have appropriate information or expertise to assist in the plan’s development.
d. Such plan shall:
1. Consider data relevant to evaluating the distribution, extent, health, and stability of the city’s urban forest, including the light detection and ranging data required by subdivision e of this section;
2. Identify the causes of tree canopy cover and urban forest gain or reduction, and recommend strategies to remediate any urban forest loss, prevent similar loss in the future, and facilitate gain;
3. Describe any initiatives or programs to be undertaken by the city, and any initiatives or programs known to the designated agency that are to be undertaken by any other government entity, to reach the goals set in the plan; and
4. Include an outreach strategy to educate real property owners and other stakeholders by providing them with information and strategies on how to advance the goals set in the plan by protecting and expanding the number of trees located on property not under the jurisdiction of the commissioner nor owned by the city.
e. On or before July 31, 2025, and every 5 years thereafter, the designated agency shall collect or procure light detection and ranging data, or other data that similarly provides tree canopy assessment information, to monitor the canopy coverage of the urban forest and measure the growth or loss of tree canopy coverage and track progress towards the goal of urban forest canopy cover provided by subdivision b of this section.
f. Nothing in this section shall require or authorize the commissioner to take control of any tree not already under the commissioner’s jurisdiction.
(L.L. 2023/148, 11/5/2023, eff. 11/5/2023)
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