[1964 Charter Laws, § 8-1; L.L. No. 2-1956, § 1; L.L. No. 8-1959, § 1; L.L. No. 1-1962, § 1]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Is co-extensive with the term "parkways, squares and boulevards,"
and includes all the lands of the City used, acquired or owned for
purposes of ornament or recreation.
Is coextensive with the term "neighborhood recreation centers"
and includes all the lands of the City, used and acquired or owned
for the purposes of play centers and recreation centers other than
parks and that are or may be equipped for such purposes.
[1964 Charter Laws, § 8-2; L.L. No. 8-1959, § 2; L.L. No. 1-1962, § 2]
A Department of Parks and Recreation is created in the place
of the Parks and Recreation Board.
[1964 Charter Laws, §§ 8-3, 8-4; L.L. No. 2-1956, §§ 3,
4; L.L. No. 8-1959, §§ 3, 4; L.L.
No. 1-1962, §§ 3, 4]
(a)
The Commissioner of Parks and Recreation is the head of the Department
of Parks and Recreation. The Commissioner is appointed by the Mayor.
(b)
The Commissioner may appoint a Superintendent of Parks, a Superintendent
of Recreation and such other subordinates as may be prescribed by
the Board of Estimate and Apportionment. The Commissioner, Superintendent
of Parks and Superintendent of Recreation, before entering upon the
discharge of the duties of their respective offices, shall each execute
and file with the City Clerk an official undertaking in such penal
sum as may be prescribed by the Common Council.
(c)
The Commissioner shall possess and have general jurisdiction, supervision
and control of all property now or hereinafter used for park purposes
and playgrounds and recreation centers by said City and the improvement
and maintenance of the same. In the name of the City and subject to
the approval of the Common Council, the Commissioner may acquire,
maintain and make available to the public, parks, parkways, squares,
playgrounds, recreation centers and public places for recreation and
for the embellishment of the City and to this end may take in fee
or otherwise by purchase, gift, devise or condemnation proceedings
pursuant to the provisions of the Eminent Domain Procedure Law, in
the name of the City and subject to the approval of the Common Council,
land and rights in land for such purposes within the City. The Commissioner
may preserve, improve and care for such public places and also subject
to the approval of the Common Council and upon such terms as it may
approve, such other open spaces within the City as may be entrusted
to the Commissioner for any of the general purposes for which the
Department is created.
(d)
The Commissioner may:
(1)
Maintain the beauty and utility of all parks, squares and playgrounds
and other recreational properties, and institute and execute all measures
for the improvement thereof for ornamental purposes and for the beneficial
uses of the people of the City.
(2)
Plant and maintain trees and to construct, erect and establish
seats, drinking fountains, statues and works of art in any place within
such officer's jurisdiction, and determine when and where lamps or
lighting appliances shall be placed and lighted therein.
(3)
Except as otherwise provided by law, authorize and regulate
the use of and the projections on and determine the line or curb and
the surface construction of all streets and avenues lying within any
park, square or public place.
(4)
Maintain buildings and institutions now or hereafter erected
or established in any park, public place or playground under such
officer's jurisdiction.
(5)
Provide the necessary instruments, furniture and equipment for
the several buildings and institutions within such officer's jurisdiction
and to develop and improve the same subject to the provisions of law
and existing contracts.
(6)
Apply such sums as may be appropriated for that purpose for
the keeping, preservation and exhibition of the collection placed
or contained in buildings or institutions now situated or hereafter
erected in the parks, squares or public places under such officer's
jurisdiction.
(7)
Establish and enforce rules and regulations for the government
and protection of public parks, playgrounds and of all property under
the charge and control of the Commissioner and for breaches of such
rules to affix penalties not exceeding $100 for one offense. Violations
of the rules and regulations of the Commissioner are triable by any
court of competent jurisdiction and a penalty and punishment imposed
by the court shall not exceed the maximum penalty prescribed by the
Commissioner.
(8)
Appoint special police with the approval of the Commissioner
of Public Safety.
(e)
The Commissioner shall have the management, direction and control
of all real or personal property granted, devised, bequeathed or conveyed
to the City for the extension, improvement or ornamentation of the
parks, squares or public places in the City or for the establishment
or maintenance, within the limits of any such park, square or public
place, museums, zoological, botanical or other gardens, collections
of natural history, observatories, or works of art, or playgrounds
or other recreational properties, and upon such trusts and conditions
as may be prescribed by the grantors or donors thereof and accepted
by the Commissioner and Common Council.
[1964 Charter Laws, § 8-5; L.L. No. 2-1956, § 5; L.L. No. 8-1959, § 4; L.L. No. 1-1962, § 5]
On or before November 1 of each year the Commissioner of Parks
and Recreation shall furnish to the Mayor a written estimate of probable
expenditures for the next fiscal year in the same manner as is required
of heads of other departments of the City. Whatever amounts shall
be appropriated by the Board of Estimate and Apportionment to the
use of the Department of Parks and Recreation in each year, shall
be expended by the Commissioner in the manner required of other City
officers. No contract shall be made nor any other thing involving
the expenditure of money be done by the Commissioner until an appropriation
sufficient to cover the estimated expense thereof shall have been
made as provided by law.
[1964 Charter Laws, § 8-6; L.L. No. 2-1956, § 6; L.L. No. 1-1962, § 6]
Except as specifically provided otherwise in this division,
this division does not deprive the Commissioner of Public Works of
jurisdiction, control, authority and supervision over the maintenance
and repair of the streets, highways and public places of the City.
