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S07858 Summary:

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S07858 Floor Votes:

S07858 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:
 
     1    Section 1. Paragraph 9 of subdivision a of section 533 of the New York
     2  city  charter, as amended by chapter 169 of the laws of 2002, is amended
     3  to read as follows:
     4    9. to establish and enforce rules and regulations for the use, govern-
     5  ment and protection of public parks and of all property under the charge

     6  or control of the department, which rules  and  regulations  so  far  as
     7  practicable  shall  be  uniform in all boroughs and shall have the force
     8  and effect of law. Such rules and regulations shall apply to  and  shall
     9  be  enforceable  within  public parks, recreational facilities and other
    10  property under the jurisdiction of the Hudson river  park  trust  [and],
    11  the battery park city authority and the Brooklyn bridge park corporation
    12  provided  that  such  trust  [or], authority or corporation have entered
    13  into agreements with the commissioner to provide  for  the  maintenance,
    14  protection  and/or government of such property by the department, except
    15  to the extent that such rules  and  regulations  are  inconsistent  with

    16  specific rules and regulations of the Hudson river park trust [and], the
    17  battery park city authority or the Brooklyn bridge park corporation.
    18    (i)  Any  violation of such rules or regulations, except any violation
    19  of subparagraph (ii) of this paragraph, shall be a  misdemeanor  triable
    20  by  a judge of the criminal court of the city of New York and punishable
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17305-03-0
        S. 7858--A                          2
 
     1  by not more than ninety days imprisonment or by a fine of not more  than
     2  one  thousand  dollars  or by both. Any violation of such rules or regu-

     3  lations shall also subject the violator to a civil penalty of  not  more
     4  than ten thousand dollars for each violation which may be recovered in a
     5  proceeding before the environmental control board. Such proceeding shall
     6  be  commenced  by the service of a notice of violation returnable to the
     7  environmental control board.
     8    (ii) Any violation of a rule or  regulation  concerning  the  unlawful
     9  cutting, removal or destruction of any tree shall be a misdemeanor tria-
    10  ble by a judge of the criminal court of the city of New York and punish-
    11  able  by  not  more  than one year imprisonment or by a fine of not more
    12  than fifteen thousand dollars or by both. Any violation  of  a  rule  or
    13  regulation  concerning  the  unlawful cutting, removal or destruction of
    14  any tree shall also subject the violator to a civil penalty of not  more

    15  than ten thousand dollars for each violation which may be recovered in a
    16  proceeding before the environmental control board. Such proceeding shall
    17  be  commenced  by the service of a notice of violation returnable to the
    18  environmental control board. The environmental control board shall  have
    19  the power to impose the civil penalties prescribed herein;
    20    §  2.  Subdivision  a  of  section 533 of the New York city charter is
    21  amended by adding a new paragraph 9-c to read as follows:
    22    9-c. by agreement with the Brooklyn bridge park  corporation  (a  not-
    23  for-profit  corporation  formed  pursuant to section four hundred two of
    24  the not-for-profit corporation law), to  enforce  the  rules  and  regu-
    25  lations  of  such  corporation,  relating  to  the  use,  government and

    26  protection of public parks and recreational facilities within the juris-
    27  diction of such corporation.  In addition to or as an alternative to any
    28  of the remedies or penalties provided under any other provision of  law,
    29  violation  of  such rules and regulations shall be punishable by a civil
    30  penalty of not more than five hundred dollars for each violation,  which
    31  may be recovered in a proceeding before the environmental control board.
    32  Such  proceeding  shall be commenced by a notice of violation returnable
    33  before such board. The procedures set  forth  in  section  one  thousand
    34  forty-nine-a of this charter applicable to the adjudication by the envi-
    35  ronmental  control  board  of  violations within the jurisdiction of the

    36  commissioner shall apply to the adjudication of violations of such rules
    37  and regulations by such board and final orders of  such  board  imposing
    38  civil  penalties for such violations shall constitute judgments that may
    39  be entered and enforced as set forth in such section.
    40    § 3. This act shall take effect immediately.