S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6474
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2017
                                ___________
 
 Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend chapter 711 of the laws of 1907  relating  to  providing
   for  a  public  park  in  the  town  of Rye, county of Westchester, in
   relation to the duration of certain leases or agreements at  Rye  town
   park
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 8 and 9 of chapter 711 of the laws of 1907  relat-
 ing  to  providing for a public park in the town of Rye, county of West-
 chester, section 8 as amended by chapter 236 of the  laws  of  2002  and
 section  9 as amended by chapter 778 of the laws of 1952, are amended to
 read as follows:
   § 8. The said commissioners of parks shall have power and are directed
 to lay out, construct, grade and improve said park; to appoint, in their
 discretion, such employees as they  deem  necessary  for  the  care  and
 custody  of  said  park; to employ all necessary workmen, assistants and
 contractors, and to prescribe their duties and fix  their  compensation;
 to seize and impound all cattle and other animals found roaming at large
 in  said  park;  to  make reasonable rules and ordinances for the use of
 said park not inconsistent with the ordinances of the  village  of  Rye.
 All  persons offending against such ordinances shall be deemed guilty of
 a misdemeanor and shall be punished on conviction before  any  court  of
 competent  jurisdiction in the town of Rye by a fine not exceeding fifty
 dollars, or by imprisonment not exceeding thirty days, or both,  at  the
 discretion of the court. Said commissioners are authorized and empowered
 to  bring  an  action in the name of the town to recover damages for the
 breach of any agreement relating to or growing out of the management  or
 improvement  of the park, or damages for injuries to any of the property
 appertaining  to  the  park.  Said  commissioners  are  authorized   and
 empowered  to let to any person or persons or corporation for any period

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

                                                            LBD10705-04-7

 S. 6474                             2
 
 of time not exceeding three [or seven years in the  case  of  agreements
 executed before May 1, 2000 if approved with the support of the supervi-
 sor  of  the  town  of  Rye and the mayor of the city of Rye] YEARS, and
 under  such rules and regulations as shall be made by said commissioners
 of parks, the privilege of maintaining and offering boats  for  hire  at
 said  park; the privilege of maintaining bath houses and bathing facili-
 ties for hire at said park, and the privilege of  maintaining  a  public
 restaurant  at  said  park;  the  privilege of selling ice cream at said
 park; the privilege of selling candy at said  park;  [the  privilege  of
 selling  cigars  and  cigarettes at said park;] the privilege of selling
 soda water at said park; the privilege of selling beer at said park; the
 privilege of selling wine or liquor at said park; the privilege of sell-
 ing post cards and souvenirs at said park, and the privilege of  parking
 automobiles and vehicles at said park, or any or all of said privileges.
 [In  the case of seven year agreements executed before May 1, 2000, said
 commissioners are authorized and empowered to extend such agreements for
 any period of time not exceeding an additional ten years if such  exten-
 sion  is  executed  before  December  31,  2002 and is approved with the
 support of the supervisor of the town of Rye and the mayor of  the  city
 of  Rye.]  SAID COMMISSIONERS ARE AUTHORIZED AND EMPOWERED TO LET TO ANY
 PERSON OR PERSONS OR CORPORATION FOR ANY PERIOD OF  TIME  NOT  EXCEEDING
 TWENTY  YEARS  FOR  THE  PRIVILEGE OF MAINTAINING A PUBLIC RESTAURANT AT
 SAID PARK; THE PRIVILEGE OF SELLING ICE CREAM AT SAID PARK;  THE  PRIVI-
 LEGE  OF SELLING CANDY AT SAID PARK; THE PRIVILEGE OF SELLING SODA WATER
 AT SAID PARK; THE PRIVILEGE OF SELLING BEER AT SAID PARK; THE  PRIVILEGE
 OF  SELLING  WINE  OR  LIQUOR AT SAID PARK IF SUCH AGREEMENT IS EXECUTED
 PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN  AND  IS  APPROVED
 WITH  THE  SUPPORT OF THE SUPERVISOR OF THE TOWN OF RYE AND THE MAYOR OF
 THE CITY OF RYE. Copies of proposed leases or contracts  extending  such
 privileges  shall  be  provided to the town board of the town of Rye and
 the city council of the city of Rye for their comment AT LEAST ONE MONTH
 IN ADVANCE OF DETERMINATION BY THE COMMISSIONERS, THE SUPERVISOR OF  THE
 TOWN  OF  RYE  AND  THE  MAYOR OF THE CITY OF RYE. Said commissioners of
 parks shall have no power to lease any portion  of  said  park  for  any
 other  purpose  than  as  above provided. Whenever said commissioners of
 parks shall determine to let any or all of said privileges,  they  shall
 cause any or all of said privileges to be sold by advertising as herein-
 after  provided  for sealed bids in accordance with such terms and spec-
 ifications as the said commissioners  of  parks  may  determine,  or  at
 public  auction to the highest responsible bidder, who in the discretion
 of the park commissioners is deemed to  be  to  the  best  interest  and
 advantage  of the town park and its management, such determination shall
 be made by a resolution passed by a majority  of  the  commissioners  of
 parks at a meeting, after notice calling for sealed bids for said privi-
 leges  under  such terms and specifications as the said commissioners of
 parks shall determine, or of such public auction, shall have been adver-
 tised in all the newspapers of said town of Rye at least once a week for
 two weeks successively. Said commissioners of parks shall have the power
 to reject any or all of the sealed bids, or bids at such public auction.
 The person or persons or corporation to whom the privilege or privileges
 shall be sold and awarded shall furnish a bond in such  sum  as  may  be
 determined,  and  with  such sureties as may be approved by said commis-
 sioners of parks. Said commissioners of parks shall not have  the  power
 to  lease said privileges so as to exclude the people of the town of Rye
 from a full and free enjoyment of the waters of Long Island sound  adja-
 cent  to said park, and of the right to embark and disembark to and from

 S. 6474                             3
 
 the said park from boats and yachts. No liquors, beer, wine  or  intoxi-
 cants  of  any  kind  whatsoever shall be allowed or sold in any part of
 said park except under license agreement with the Rye Town Park  commis-
 sion.    The  town  board of the town of Rye and the city council of the
 city of Rye each shall have the authority to suspend or revoke  the  use
 of  wine  or liquor at Rye Town Park on an annual basis.  This authority
 can be exercised through the passage of a resolution by either municipal
 government. Suspension or revocation can be rescinded by  passage  of  a
 resolution by the same municipal government. Said commissioners of parks
 shall  have  the  power by a resolution passed by a majority of the park
 commissioners to operate and conduct any or all of said privileges under
 their own supervision and  direction,  to  employ  a  manager  for  that
 purpose,  and  contract,  hire, and employ labor and assistants for that
 purpose and purchase provisions, supplies,  goods,  wares,  merchandise,
 fixtures  and  bathing  equipment  to  be sold, hired and used under the
 privileges hereinbefore enumerated from time to time for  that  purpose.
 The  said commissioners of parks may determine by a resolution passed by
 a majority of the commissioners of parks at a  meeting  to  operate  and
 conduct  any  or all of the said privileges, for the benefit of the town
 of Rye, under their own supervision and direction and the  said  commis-
 sioners  of  parks  are  hereby empowered and authorized to use whatever
 funds are in the hands of the commissioners of parks  for  that  purpose
 and  if  such funds are insufficient the said commissioners of parks may
 raise by taxation a sum not exceeding twenty-five thousand  dollars  for
 that  purpose,  in  any year. The principal of and interest on any obli-
 gations of the town of Rye issued for any of the purposes  of  this  act
 shall  be  levied  and  collected  in the manner required by law and the
 board of supervisors of the county of Westchester, upon request  of  the
 town  board  of  the  town of Rye, shall levy and assess the said sum of
 money upon the taxable property of the town of Rye. The trustees of  the
 village  of  Rye  shall provide a sufficient number of policemen for the
 proper policing of and for the enforcement of all  laws  and  ordinances
 applicable to the said park and the maintenance of order therein and the
 reasonable  cost  thereof and therefor, approved by the said commission-
 ers, shall be paid by the supervisor, in the same manner as  other  park
 charges, to the treasurer of the village of Rye.
   §  9.  The income from whatever leases may be made by the said commis-
 sioners, and from the sale of any or all  of  said  privileges  in  said
 park, or the income derived from the conduct and operation of any or all
 of  said  privileges  enumerated in section eight of this act, under the
 supervision and direction of the park commissioners for the  benefit  of
 the  town of Rye shall be paid to the supervisor of the said town of Rye
 by the said commissioners of parks, and shall be applied by said  super-
 visor  as  follows: to the proper care, expenses of maintenance, repairs
 and improvements of said lands and  premises,  and  for  the  operation,
 maintenance and conduct of said privileges by the commissioners of parks
 and the balance of said revenue, if any, to the payment of the principal
 of and interest on the obligations of said town, issued for the purposes
 of  this act[, and the balance, if any, shall be applied to general town
 purposes]. All payments shall be  made  upon  vouchers  certified  by  a
 majority  of  said commissioners of parks. The supervisor of the town of
 Rye shall be the treasurer of said commissioners  of  parks,  and  shall
 execute  and  deliver yearly a bond to the town of Rye in such an amount
 and with such sureties as may be approved by the town board of  Rye.  If
 the expense of maintaining the park, the operation and conduct of any or
 all  of  said  privileges enumerated in section eight of this act by the

 S. 6474                             4
 
 commissioners of parks for the benefit of  the  town  of  Rye,  and  the
 amount of the principal of an interest on any obligations issued for the
 purposes  of  this  act,  shall  in  any  year exceed the amount of said
 income,  the town board shall raise annually, by tax to be assessed upon
 the taxable property in said town of Rye, at the same time  and  in  the
 same  manner  that general taxes are raised therein, a sufficient sum to
 meet such excess; and if the amount of income shall  exceed  the  amount
 required  for  such  maintenance, principal of and interest on any obli-
 gations, the town board [may apply such excess to the  general  purposes
 of the town] SHALL APPLY SUCH EXCESS TO REPAIRS AND IMPROVEMENTS IN SAID
 PARK. The commissioners of parks shall have power, from time to time, to
 construct  buildings  or  other improvements in said park which they may
 deem expedient and necessary, and all such sums of  money  as  shall  be
 necessary,  not  exceeding  one-tenth of one per centum per annum of the
 assessed valuation of said town as shown by the assessment roll  of  the
 preceding  year,  to  pay  therefor shall be levied and collected in the
 manner required by law, and the board of supervisors of  the  county  of
 Westchester,  upon  request  by  the town board of the said town of Rye,
 shall levy and assess the said sum of money upon the taxable property of
 the town of Rye. Said commissioner of parks  shall  hold  public  stated
 meetings  at  least once a month between April first and November first,
 in each year. Nothing contained in this or any  other  section  of  this
 chapter shall be construed to prevent the financing in whole or in part,
 pursuant  to the local finance law, of expenditures for the construction
 of buildings or other improvements which the commissioner of parks  deem
 expedient  or  necessary,  and such expenditures may be financed in such
 manner whether or not the amount thereof is less than one-tenth  of  one
 per centum of such assessed valuation.
   § 2. This act shall take effect immediately.