Bill S7858A-2009

Relates to imposing civil penalties for violations of the rules of the Brooklyn bridge park corporation, providing for the adjudication of such violation

Relates to imposing civil penalties for violations of the rules of the Brooklyn bridge park development corporation; provides for the adjudication of such violations by the environmental control board, and clarifies the authority of the NYC department of parks and recreation.

Details

Actions

  • Jul 7, 2010: SIGNED CHAP.167
  • Jun 25, 2010: DELIVERED TO GOVERNOR
  • Jun 23, 2010: returned to senate
  • Jun 23, 2010: passed assembly
  • Jun 23, 2010: home rule request
  • Jun 23, 2010: ordered to third reading rules cal.307
  • Jun 23, 2010: substituted for a11099a
  • Jun 16, 2010: referred to codes
  • Jun 16, 2010: DELIVERED TO ASSEMBLY
  • Jun 16, 2010: PASSED SENATE
  • Jun 16, 2010: HOME RULE REQUEST
  • Jun 15, 2010: ADVANCED TO THIRD READING
  • Jun 14, 2010: 2ND REPORT CAL.
  • Jun 10, 2010: 1ST REPORT CAL.955
  • Jun 8, 2010: PRINT NUMBER 7858A
  • Jun 8, 2010: AMEND (T) AND RECOMMIT TO CODES
  • Jun 8, 2010: REPORTED AND COMMITTED TO CODES
  • May 18, 2010: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 10, 2010
Ayes (13): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Squadron, Volker, Saland, DeFrancisco, Bonacic, Flanagan
Ayes W/R (2): Perkins, Golden
Nays (1): Lanza

Memo

BILL NUMBER:S7858A

TITLE OF BILL: An act to amend the New York city charter, in relation to imposing civil penalties for violations of the rules of the Brooklyn bridge park corporation relating to the government and protection of park and recreational property held by such corporation, providing for the adjudication of such violations by the environmental control board and clarifying the authority of the New York city department of parks and recreation with respect to such property

SUMMARY OF SPECIFIC PROVISIONS: This bill amends the New York City Charter to clarify the authority of Parks Enforcement Patrol(PEP) officers to issue summonses returnable to the Environmental Control Board for the violation of rules of the New York City Department of Parks and Recreation. In addition, this legislation enables PEP officers to write summonses for violations of rules duly promulgated by the Brooklyn Bridge Development Corporation.

JUSTIFICATION: The Parks Department has a contractual relationship with the Brooklyn Bridge Park to supply a certain number of Parks Enforcement Patrol ("PEP") officers in order to provide security services at Battery Park City and Hudson River Park. These arrangements have helped to establish the regular presence of PEP officers in all city parks, including the above two -locations, which are not owned by the city. Indeed, these arrangements further the uniform application of the familiar New York City Parks Rules and provide for the consistent enforcement of such Rules over almost all parks in the City. Moreover, the presence of PEP officers in these locations assists the Parks Department in responding to emergencies throughout Manhattan.

The proposed amendment to the City Charter would firmly establish the Parks Department's ability to enforce its Rules in public parks, recreational facilities, and other property under the jurisdiction of public corporations, public benefit corporations, public authorities, and instrumentalities thereof which have entered into agreements with Parks.

The amendment is necessary to clarify Parks' jurisdiction allowing PEP officers to issue summonses returnable at the Environmental control Board, which is the normal procedure for most, violations of Parks Rules and regulations.

PRIOR LEGISLATIVE HISTORY:

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7858--A IN SENATE May 18, 2010 ___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- reported favora- bly from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the New York city charter, in relation to imposing civil penalties for violations of the rules of the Brooklyn bridge park corporation relating to the government and protection of park and recreational property held by such corporation, providing for the adjudication of such violations by the environmental control board and clarifying the authority of the New York city department of parks and recreation with respect to such property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 9 of subdivision a of section 533 of the New York city charter, as amended by chapter 169 of the laws of 2002, is amended to read as follows: 9. to establish and enforce rules and regulations for the use, govern- ment and protection of public parks and of all property under the charge or control of the department, which rules and regulations so far as practicable shall be uniform in all boroughs and shall have the force and effect of law. Such rules and regulations shall apply to and shall be enforceable within public parks, recreational facilities and other property under the jurisdiction of the Hudson river park trust [and], the battery park city authority AND THE BROOKLYN BRIDGE PARK CORPORATION provided that such trust [or], authority OR CORPORATION have entered into agreements with the commissioner to provide for the maintenance, protection and/or government of such property by the department, except to the extent that such rules and regulations are inconsistent with specific rules and regulations of the Hudson river park trust [and], the battery park city authority OR THE BROOKLYN BRIDGE PARK CORPORATION. (i) Any violation of such rules or regulations, except any violation of subparagraph (ii) of this paragraph, shall be a misdemeanor triable by a judge of the criminal court of the city of New York and punishable
by not more than ninety days imprisonment or by a fine of not more than one thousand dollars or by both. Any violation of such rules or regu- lations shall also subject the violator to a civil penalty of not more than ten thousand dollars for each violation which may be recovered in a proceeding before the environmental control board. Such proceeding shall be commenced by the service of a notice of violation returnable to the environmental control board. (ii) Any violation of a rule or regulation concerning the unlawful cutting, removal or destruction of any tree shall be a misdemeanor tria- ble by a judge of the criminal court of the city of New York and punish- able by not more than one year imprisonment or by a fine of not more than fifteen thousand dollars or by both. Any violation of a rule or regulation concerning the unlawful cutting, removal or destruction of any tree shall also subject the violator to a civil penalty of not more than ten thousand dollars for each violation which may be recovered in a proceeding before the environmental control board. Such proceeding shall be commenced by the service of a notice of violation returnable to the environmental control board. The environmental control board shall have the power to impose the civil penalties prescribed herein; S 2. Subdivision a of section 533 of the New York city charter is amended by adding a new paragraph 9-c to read as follows: 9-C. BY AGREEMENT WITH THE BROOKLYN BRIDGE PARK CORPORATION (A NOT-FOR-PROFIT CORPORATION FORMED PURSUANT TO SECTION FOUR HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW), TO ENFORCE THE RULES AND REGU- LATIONS OF SUCH CORPORATION, RELATING TO THE USE, GOVERNMENT AND PROTECTION OF PUBLIC PARKS AND RECREATIONAL FACILITIES WITHIN THE JURIS- DICTION OF SUCH CORPORATION. IN ADDITION TO OR AS AN ALTERNATIVE TO ANY OF THE REMEDIES OR PENALTIES PROVIDED UNDER ANY OTHER PROVISION OF LAW, VIOLATION OF SUCH RULES AND REGULATIONS SHALL BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION, WHICH MAY BE RECOVERED IN A PROCEEDING BEFORE THE ENVIRONMENTAL CONTROL BOARD. SUCH PROCEEDING SHALL BE COMMENCED BY A NOTICE OF VIOLATION RETURNABLE BEFORE SUCH BOARD. THE PROCEDURES SET FORTH IN SECTION ONE THOUSAND FORTY-NINE-A OF THIS CHARTER APPLICABLE TO THE ADJUDICATION BY THE ENVI- RONMENTAL CONTROL BOARD OF VIOLATIONS WITHIN THE JURISDICTION OF THE COMMISSIONER SHALL APPLY TO THE ADJUDICATION OF VIOLATIONS OF SUCH RULES AND REGULATIONS BY SUCH BOARD AND FINAL ORDERS OF SUCH BOARD IMPOSING CIVIL PENALTIES FOR SUCH VIOLATIONS SHALL CONSTITUTE JUDGMENTS THAT MAY BE ENTERED AND ENFORCED AS SET FORTH IN SUCH SECTION. S 3. This act shall take effect immediately.

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