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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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