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a. Definitions. As used in this section, the following terms have the following meanings:
Automated external defibrillator. The term "automated external defibrillator" means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia; (ii) is capable of determining, without intervention by an individual, whether defibrillation should be performed on a patient; (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient's heart; and (iv) upon action by an individual, delivers an appropriate electrical impulse to a patient's heart to perform defibrillation.
Department. The term "department" means the department of parks and recreation or any successor of such department.
Training course. The term "training course" means a course approved by a nationally-recognized organization or the state emergency medical services council in the operation of automated external defibrillators.
Youth league. The term "youth league" means youth recreation sports leagues other than the public school leagues, including school leagues, little leagues, community based organization leagues, and unaffiliated leagues.
Youth recreation. The term "youth recreation" means athletic activity with participants who are all 17 years old or younger, but includes grade school through high school athletic programs regardless of the age of the participants.
b. Subject to the provision of a sufficient number of automated external defibrillators and training courses by the department pursuant to subdivision c or subdivision m, a youth league using a ballfield under the jurisdiction and management of the department to play or practice baseball or softball, or any other youth league provided with an automated external defibrillator pursuant to this section shall:
1. make available an automated external defibrillator at every game and practice occurring at such field in which a team of such league participates; and
2. where practicable, ensure that there is at least one coach, umpire or other qualified adult who is present at each such game and practice who has successfully completed a training course within 24 months of every such game and practice.
c. The department shall provide to youth leagues subject to the requirements of subdivision b a sufficient number of automated external defibrillators and training courses at no cost to such leagues. Any defibrillator provided by the department to such a league shall be returned in satisfactory condition upon request of the department.
d. The department shall not issue a permit to a youth league for the use of a ballfield under its jurisdiction and management to play baseball or softball unless, for the duration of the season for which the permit is sought, such league certifies that it will comply with subdivision b.
e. Each league shall maintain records that it possesses a sufficient number of automated external defibrillators to meet the requirements of subdivision b for three years from the date such league receives the permit that was the subject of the application.
f. Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment using an automated external defibrillator that has been made available pursuant to this section, to a person who is unconscious, ill or injured, and any individual or entity that purchases or makes available an automated external defibrillator as required by this section, is entitled to the limitation of liability provided in section 3000-a of the New York state public health law.
g. Nothing contained in this section imposes any duty or obligation on any person to provide assistance with an automated external defibrillator to a victim of a medical emergency.
h. Nothing contained in this section affects the obligations or liability of emergency health providers pursuant to section 3000-b of the New York state public health law.
i. 1. The ballfield permit holder of any league that violates the provisions of subdivisions b or e shall receive a warning for a first violation, and shall be liable for a civil penalty of $500 for each subsequent violation, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.
2. The ballfield permit holder of any league that violates the provisions of subdivision c shall be liable for a civil penalty of no more than $2,500 for each automated external defibrillator that is not returned in satisfactory condition to the department, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.
j. No ballfield permit shall be issued to any youth league that has a past due outstanding penalty for a violation issued pursuant to paragraph 2 of subdivision i.
k. The provision of automated external defibrillators and training courses authorized by this section shall be limited to the appropriation of funds available for this program. To the extent the department anticipates that the number of automated external defibrillators and training courses requested by youth leagues will exceed the funds available, the department shall provide such defibrillators and training courses authorized by subdivision c on an equitable basis until such funds are exhausted.
l. The commissioner of the department shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section.
m. If the department has any undistributed automated external defibrillators remaining after complying with subdivision c of this section, the department may distribute such automated external defibrillators to any other youth league at no cost to such youth league. Any automated external defibrillator so distributed shall be returned in satisfactory condition upon request of the department.
(L.L. 2016/057, 5/10/2016, eff. 1/1/2017; Am. L.L. 2016/104, 8/31/2016, eff. 1/1/2017; Am. L.L. 2017/133, 8/8/2017, eff. 8/8/2018; Am. L.L. 2018/119, 6/23/2018, eff. 1/1/2019; Am. L.L. 2019/140, 7/27/2019, eff. 1/1/2020)
The department shall post on its website certain information relating to street tree maintenance and sidewalk repair. Such information shall be updated not less frequently than quarterly and shall, at a minimum, include the following:
1. The approximate date and location of each upcoming, regularly scheduled street tree pruning, street tree stump removal and street tree planting;
2. The date, location and status of each street tree pruning, street tree stump removal and street tree planting that occurred within the previous six months;
3. For each planned sidewalk repair to address sidewalk damage that was (i) reported through a 311 citizen service center request or reported by other means of notification and (ii) caused by a street tree under the jurisdiction of the department:
(a) The approximate date and location of such repair; and
(b) The date of the initial request for repair.
4. For work to address sidewalk damage (i) that was caused by a street tree under the jurisdiction of the department and (ii) where such repair or inspection commenced in the previous six months:
(a) For each sidewalk repair or inspection, the date, location and status of such repair or inspection, including the sidewalk rating that resulted from such inspection; and
(b) For each sidewalk inspection, the number of notifications concerning such damage received through the 311 citizen service center request or reported by other means of notification in the 90 day-period preceding commencement of such work.
(L.L. 2017/065, 4/25/2017, eff. 8/23/2017; Am. L.L. 2017/133, 8/8/2017, eff. 8/8/2018)
a. For any capital project, as defined in section 5-101 of the code, that includes the construction or reconstruction of an outdoor athletic facility, where such facility is within a park under the jurisdiction of the department, is located within 500 feet of a public street and is undertaken on or after the effective date of the local law that added this section, the agency responsible for the design of such project shall construct a sidewalk and a pathway to such sidewalk that is adjacent to such public street and is either sufficient for the unloading of persons from vehicles or is connected to such public transportation. Where there is a parking lot adjacent to such outdoor athletic facility, only a pathway between such parking lot and facility need be constructed.
b. The commissioner may exempt a capital project from this section if in the commissioner's judgment such exemption is necessary in the public interest. Within 120 days after the end of each fiscal year, the commissioner shall report to the council on any exemptions granted pursuant to this subdivision during such year and the basis for such exemptions.
(L.L. 2017/133, 8/8/2017, eff. 8/8/2018)
For the purposes of this section, the term "capital project" shall have the meaning ascribed to such term in section 5-101 of the code. Within 30 days after the registration of a capital project change order that satisfies each of the following conditions, the department shall provide written notification of such change order by facsimile, regular mail, electronic mail or by personal delivery to each council member, if any, who allocated funds for such capital project:
1. The capital project to which such change order applies is under the jurisdiction of the department and has an original registered construction contract value of more than $500,000; and
2. Such change order has a value greater than 10 percent of such original registered construction contract value.
(L.L. 2017/129, 8/8/2017, eff. 11/6/2017)
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