Senate Bill S7858

Signed By Governor

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 07, 2010	signed chap.167
Jun 25, 2010	delivered to governor
Jun 23, 2010	returned to senate passed assembly home rule request ordered to third reading rules cal.307 substituted for a11099a
Jun 16, 2010	referred to codes delivered to assembly passed senate home rule request
Jun 15, 2010	advanced to third reading
Jun 14, 2010	2nd report cal.
Jun 10, 2010	1st report cal.955
Jun 08, 2010	print number 7858a
Jun 08, 2010	amend (t) and recommit to codes reported and committed to codes
May 18, 2010	referred to cities

Votes

- Jun 16, 2010 - Floor Vote
  S7858
  
  Aye
  
  61
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 16, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 10, 2010 - Codes Committee Vote
  S7858
  
  Aye
  
  13
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jun 10, 2010
      
      aye (13)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Huntley
      
      Klein
      
      Parker
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      nay (1)
      
      Lanza
      
      aye wr (2)
      
      Golden
      
      Perkins
  Jun 8, 2010 - Committee Vote
  S7858
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Committee Vote: Jun 8, 2010
      
      aye (4)
      
      Huntley
      
      Oppenheimer
      
      Padavan
      
      Perkins
      
      aye wr (1)
      
      Lanza

Bill Amendments

Original

A (Active)

2009-S7858 - Details

Law Section:: New York City Charter
Laws Affected:: Amd §533, NYC Chart

2009-S7858 - Summary

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.

2009-S7858 - Sponsor Memo

                                 BILL NUMBER:  S7858

 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 development 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 :
None.

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
Immediately.

2009-S7858 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7858

                            I N  S E N A T E

                              May 18, 2010
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

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
  development  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 DEVELOPMENT
CORPORATION provided that such trust [or], authority OR CORPORATION have
entered into agreements with the commissioner to provide for the mainte-
nance, 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
DEVELOPMENT 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17305-01-0

S. 7858                             2

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  DEVELOPMENT  CORPO-
RATION  (A  SUBSIDIARY OF THE URBAN DEVELOPMENT CORPORATION D/B/A EMPIRE
STATE DEVELOPMENT CORPORATION), TO ENFORCE THE RULES AND REGULATIONS  OF
SUCH  CORPORATION,  RELATING  TO  THE  USE, GOVERNMENT AND PROTECTION OF
PUBLIC PARKS AND RECREATIONAL FACILITIES WITHIN THE JURISDICTION 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 RECOV-
ERED 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.

2009-S7858A (ACTIVE) - Details

Law Section:: New York City Charter
Laws Affected:: Amd §533, NYC Chart

2009-S7858A (ACTIVE) - Summary

2009-S7858A (ACTIVE) - Sponsor 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, recre-
ational 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.

2009-S7858A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7858--A

                            I N  S E N A T E

                              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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17305-03-0

S. 7858--A                          2

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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Senate Bill S7858

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Jun 16, 2010 - Floor Vote

Floor Vote: Jun 16, 2010

Jun 10, 2010 - Codes Committee Vote

Codes Committee Vote: Jun 10, 2010

Jun 8, 2010 - Committee Vote

Committee Vote: Jun 8, 2010

Bill Amendments

2009-S7858 - Details

2009-S7858 - Summary

2009-S7858 - Sponsor Memo

2009-S7858 - Bill Text download pdf

2009-S7858A (ACTIVE) - Details

2009-S7858A (ACTIVE) - Summary

2009-S7858A (ACTIVE) - Sponsor Memo

2009-S7858A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S7858

Senate Bill S7858

Signed By Governor

Share this bill

Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

2009-S7858 - Details

2009-S7858 - Summary

2009-S7858 - Sponsor Memo

2009-S7858 - Bill Text download pdf

2009-S7858A (ACTIVE) - Details

2009-S7858A (ACTIVE) - Summary

2009-S7858A (ACTIVE) - Sponsor Memo

2009-S7858A (ACTIVE) - Bill Text download pdf

Comments