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a. Definitions. For purposes of this section, the following terms shall have the following meanings:
1. "Traffic control signal" shall mean any such signal as defined in section 154 of the vehicle and traffic law.
2. "Select traffic control device" shall mean any stop sign, yield sign or do not enter sign.
3. "Traffic control device" shall mean any traffic control device as defined in section 153 of the vehicle and traffic law, other than a select traffic control device.
b. The department shall inspect any location within four days of receiving notice that any traffic control signal, select traffic control device or traffic control device at such location is not visible or legible to a motorist who must obey or rely upon such sign due to an obstruction by a tree, bush or other vegetation or any portion thereof.
c. The department shall within ten days of the inspection required pursuant to subdivision b of this section prune or cause to be pruned any tree, bush or other vegetation found to require pruning because it obstructs any select traffic control device or traffic control signal; provided that the department shall prioritize such pruning the department determines is most immediately needed to correct a hazard.
d. The department shall within twenty days of the inspection required pursuant to subdivision b of this section prune or cause to be pruned any tree, bush or other vegetation found to require pruning because it obstructs any traffic control device.
e. The department shall maintain a log of all notices of the type described in subdivision b of this section. Such log shall include the date and time such notice was received, the date and time on which such location was inspected, and the date and time when such tree, bush or other vegetation was pruned or the date and time of a determination that such tree, bush or other vegetation did not require pruning, as applicable.
In performing the duties required by sections 18-104 and 18-105 of this title, the commissioner shall not make openings or excavations in any street for the purpose of planting or cultivating trees, without having first obtained the written approval of the commissioner of transportation nor shall any tree be so planted as to permanently interfere with the ordinary usage of the street, nor shall the planting be performed in any case so as to injure or impair any sewer, drain, water pipe, or other structure erected by legal authority.
a. Any person that intends to remove any tree that is within the jurisdiction of the commissioner, shall obtain a permit from the department prior to such removal.
b. The department shall charge a fee for each permit issued pursuant to this section, which shall be sufficient to cover the cost of replacing any tree proposed to be removed. In applying for a permit pursuant to this section, a person shall specify whether such person intends to plant replacement trees as directed by the department or have the department plant replacement trees. If replacement trees are to be planted by the person applying for the permit and are planted as directed by the department, then the department shall return such fee to such person upon completion of such planting. In all other cases, the department shall retain such fee for purposes of planting replacement trees.
c. Upon determining that a person may be issued a permit pursuant to this section, the department shall inform such person in writing of the fee required, the number and size of the replacement trees to be planted, the method used in making these calculations, and the period of time prescribed by subdivision d or f of this section during which replacement trees shall be planted. Such information shall be provided to such person not more than ninety days following the filing of a completed application for such permit.
d. The location of replacement tree planting and the timing of such planting shall be as determined by the department horticultural officer, provided, however, that such replacement shall be made within sixty days after the project is completed or in the next ensuing spring or fall season after the project is completed or earlier as agreed by such person and the department. To the extent practicable, replacement trees shall be planted within the same community district from which the trees that were the subject of the permit were removed.
e. The department shall promulgate such rules as may be necessary to implement the provisions of this section, including but not limited to rules governing the fee to be paid to the department and any method used to calculate the number and size of the replacement trees required to be planted, provided that:
1. Such replacement trees shall, at a minimum, equal one caliper inch of replacement tree for each caliper inch of tree removed;
2. The number of caliper inches of replacement trees to be required in zoning districts R1, R2 and R3 shall be no greater than twice the number of caliper inches removed; and
3. In promulgating such rules, the department shall comply with guidelines set forth in the most recent version of the guide for plant appraisal, published by the council of tree and landscape appraisers on or before December 31, 2017, provided that the department shall review each update to such standards and guide to determine whether any new rules should be promulgated consistent with such updated standards and guide.
f. The provisions of this section shall apply to all city agencies, including the department, provided, however, that (i) no city agency or city contractor or subcontractor shall be required to pay a fee to the department, (ii) a tree site plan shall be developed by the department in consultation with the responsible city agency or agencies regarding the location of replacement trees prior to issuance of the permit, and (iii) replacement of trees by any city agency or city contractor or subcontractor shall be made not more than eighteen months from the date the project is completed.
(Am. L.L. 2021/141, 12/11/2021, eff. 6/9/2022)
All public beaches laid out on the map or plan of the city shall be under the jurisdiction of the commissioner. The commissioner shall also have charge of the care and maintenance thereof and shall prominently post each beach as having "polluted waters not recommended for bathing" as periodically determined by the commissioner of health.
a. For the purposes of this section, the following terms shall have the following meanings:
(1) "All terrain vehicle" or "ATV" shall mean any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on public highways provided that such vehicle does not exceed sixty inches in width, or eight hundred pounds dry weight. This definition shall not include a "snowmobile" or other self-propelled vehicles manufactured for off-highway use which utilize an endless belt tread.
(2) "Authorized emergency vehicle" shall mean every ambulance, police vehicle or bicycle, correction vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle and ordinance disposal vehicle of the armed forces of the United States.
(3) "Beach" shall mean land along the shores of an ocean, bay, estuary, inlet or river of New York City landward from the mean low water line extending contiguously to the place where there is a distinct difference in topography which may be demarcated by the furthest of either (i) a vegetation line; (ii) an artificially-made feature generally parallel to the ocean, bay, estuary, inlet or river, such as, but not limited to, a retaining structure, seawall, bulkhead, parking area or road, except that land that extends under an elevated boardwalk is considered to be a part of the beach; or (iii) the landward toe of the dune, which is furthest from the ocean, bay, estuary, inlet or river and twenty-five feet landward from that point.
(4) "Dune" shall mean a natural or artificially-made ridge or hill of vegetated or drifting windblown soil, the principal component of which is sand, that lies generally parallel to and landward of the shore. However, a dune shall not mean a small mount of loose, windblown sand found on a park, road or structure.
(5) "Motor vehicle" shall mean any vehicle designed to be operated or driven upon a public highway which is propelled by any power other than muscular power, except (i) electrically-driven mobility devices operated or driven by a person with a disability, (ii) vehicles which run only upon rails or tracks, (iii) snowmobiles as defined in article forty-seven of the vehicle and traffic law, and (iv) all terrain vehicles as defined in article forty-eight-B of the vehicle and traffic law.
(6) "Motorcycle" shall mean any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
(7) "Owner" shall mean a person, other than a lien holder, having the property in or title to a vehicle or vessel. The term includes a person entitled to the use and possession of a vehicle or vessel subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle or vessel having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days.
(8) "Operator" shall mean any person who uses a motorcycle, all terrain vehicle, snowmobile or motor vehicle.
(9) "Snowmobile" shall mean any self-propelled vehicle designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats.
(10) "Toe" shall mean the lowest point on a slope of a dune.
b. No unauthorized person may operate any motorcycle, all terrain vehicle, snowmobile or motor vehicle on a beach under the jurisdiction of the commissioner. An authorized person shall include (1) a person operating a motorcycle, an all terrain vehicle, a snowmobile or a motor vehicle in accordance with a permit issued pursuant to subdivision (g) of this section; and (2) a department employee engaged in the proper and authorized performance of his or her assigned duties, a member of the police department, or an operator of an authorized emergency vehicle engaged in the proper and authorized performance of his or her assigned duties.
c. (1) A person who violates subdivision (b) of this section shall be guilty of a misdemeanor punishable by not more than ninety days imprisonment or by a fine of not more than one thousand dollars or by both such fine and imprisonment. Notwithstanding the provisions of paragraph nine of subdivision (a) of section five hundred thirty-three of the New York city charter, such person shall also be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars which may be recovered in a proceeding before the environmental control board.
(2) Where the operator is less than fourteen years of age, a notice of violation of this section shall be personally served upon such operator's parent or guardian in accordance with the civil practice law and rules. Where the operator is fourteen years of age or over, but less than eighteen years of age, a notice of violation of this section shall be personally served upon such operator and his or her parent or guardian in accordance with the civil practice law and rules.
(3) Notwithstanding the provisions of any other local law, where a summons or a notice of violation is issued for a violation of subdivision (b), an authorized designee of the commissioner or a member of the police department may seize and impound the motorcycle, all terrain vehicle, snowmobile or motor vehicle.
d. A motorcycle, all terrain vehicle, snowmobile or motor vehicle seized and impounded pursuant to this section shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the department and proof of payment of any fine or civil penalty imposed for the violation or, if a proceeding in connection with the violation is pending before a court or the environmental control board, upon the posting of a bond or other form of security acceptable to the department in an amount which will secure the payment of such costs and any fine or civil penalty which may be imposed for the violation. If a court or the environmental control board finds in favor of the respondent, the owner shall be entitled forthwith to possession of the motorcycle, all terrain vehicle, snowmobile or motor vehicle without charge and to the extent that any amount has been previously paid for release of the motorcycle, all terrain vehicle, snowmobile or motor vehicle, such amount shall be refunded.
e. The owner of a motorcycle, all terrain vehicle, snowmobile or motor vehicle shall be given the opportunity for a post seizure hearing within five business days before the environmental control board regarding the seizure. The environmental control board shall render a determination within three business days after the conclusion of the hearing. Where the environmental control board finds that there was no basis for the seizure, the owner shall be entitled forthwith to possession of the motorcycle, all terrain vehicle, snowmobile or motor vehicle without charge and to the extent that any amount has been previously paid for release of the motorcycle, all terrain vehicle, snowmobile or motor vehicle, such amount shall be refunded.
f. Upon the seizure of a motorcycle, all terrain vehicle, snowmobile or motor vehicle pursuant to this section, the operator shall be given written notice of the procedure for redemption of the motorcycle, all terrain vehicle, snowmobile or motor vehicle and the procedure for requesting a post seizure hearing. Where the operator is not the owner thereof, such notice provided to the operator shall be deemed to be notice to the owner. Where the motorcycle, all terrain vehicle, snowmobile or motor vehicle is registered pursuant to the vehicle and traffic law, such notice shall also be mailed to the registered owner. Where the operator is less than eighteen years old, such notice shall also be either personally served upon the operator's parent or guardian or mailed to the operator's parent or guardian if the name and address of such person is reasonably ascertainable.
g. The commissioner shall have the right to issue a permit to operate a motorcycle, all terrain vehicle, snowmobile or motor vehicle upon any beach for a special purpose, including but not limited to, the recording or filming of audio, video or other electronic media.
h. The provisions of this section shall be enforced by an authorized designee of the commissioner or by a member of the police department.
i. The commissioner, in consultation with the police commissioner, shall promulgate such rules as are necessary, (1) to set forth the procedures which must be followed regarding the seizure and release of any motorcycle, all terrain vehicle, snowmobile or motor vehicle pursuant to subdivision (c) of this section; (2) to establish the time within which a motorcycle, all terrain vehicle, snowmobile or motor vehicle which is not redeemed shall be deemed abandoned, and the procedures for subsequent disposal; and (3) to provide for reasonable fees for the transportation and storage of such vehicles.
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