New York Botanical Garden. § 625. The commissioner for the borough of The Bronx is hereby authorized and directed to carry out the existing contract made by and between the department of parks of the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York and the board of managers of the corporation known as the New York Botanical Garden pursuant to the provisions of chapter two hundred and eighty-five of the laws of eighteen hundred and ninety-one, entitled "An act to provide for the establishment of a botanic garden and museum and arboretum in Bronx park in the city of New York and to incorporate the New York botanical garden for carrying on the same," as amended by chapter one hundred and three of the laws of eighteen hundred and ninety-four, which contract provides for the allotting and setting apart for the uses of said garden of two hundred and fifty acres of land or less in the northern part of Bronx park as shown upon a certain map thereof numbered five hundred and sixty-eight, and signed by Messrs. Vaux and Parsons, and filed with the former department of public parks of the corporation known as the mayor, aldermen and commonalty of the city of New York. L. 1891, ch. 285; L. 1894, ch. 103. New York Zoological Garden. § 626. The commissioner for the borough of The Bronx is hereby authorized and directed to carry out the contract made by and between the department of public parks and the sinking fund commissioners of the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, with the board of managers of the corporation known as the New York Zoological Society, pursuant to the provisions of chapter four hundred and thirty-five of the laws cf eighteen hundred and ninety-five, entitled "An act to incorporate the New York Zoological Society and to provide for the establishment of a zoological garden in the city of New York," if such a contract shall have been entered into prior to the passage of this act. If no such contract shall have been entered into by the said department of parks and the said sinking fund commissioners prior to the passage of this act, then and in that case the said commissioner for the borough of The Bronx, with the consent and approval of the sinking fund commissioners of The City of New York, as constituted by this act, is hereby authorized to enter into a contract in behalf of The City of New York with said New York Zoological Society allotting and setting apart for the use of said society, a tract of land in Bronx park in said borough of The Bronx upon such terms and conditions as shall be approved by the said commissioner and said sinking fund commissioners. See L. 1895, ch. 435. Military encampments and evolutions; public fairs. § 627. No military encampment, parade, drill, review, or other military evolution, or exercise, shall be held or performed in any park, or in any part thereof; nor shall any military company, regiment, or other military body, enter or move in military order within any park without permit from the commissioner within whose jurisdiction such park is situated. No military officer shall have authority to order, direct, or hold any such parade, drill, review, or other evolutions or exercise, or encampment within any park, except in case of riot, insurrection, rebellion or war without such permit. It shall not be lawful to grant, use or occupy, for the purposes of a public fair or exhibition, any portion of any park, square or public place. L. 1882, ch. 410, § 692. TITLE 2. ART COMMISSION. Sec. 633. Art commission; how constituted. 634. Members of commission; how chosen; vacancies. 635. Officers. 636. Offices to be provided; expenses, how met. 637. All works of art to be submitted to and approved by the commission. 638. Time for decision limited. 639. Removal or re-location of works of art; duty of commission. Art commission; how constituted. § 633. There shall be an art commission for The City of New York, composed as follows: 1. The mayor of The City of New York, ex officio. 2. The president of the Metropolitan Museum of Art, ex officio. 3. The president of the New York Public Library — (Astor, Lenox and Tilden foundations), ex officio. 4. The president of the Brooklyn Institute of Arts and Sciences, ex officio. One painter, one sculptor and one architect, all residents of The City of New York; and three other residents of said citv, none of whom shall be a painter, sculptor or architect or member of any other profession in the fine arts. All of the six last mentioned shall be appointed by the mayor from a list, of not less than three times the number to be appointed, proposed by the Fine Arts Federation of New York. In all matters of which such commission takes cognizance pertaining to work under the special charge of a commissioner or department, the commissioner having such special charge shall act as a member of the commission. Members of commission; how chosen; vacancies. In case any § 634. The painter, sculptor and architect, members of the commission, shall choose by lot one, two and three year terms of office; the three other appointed members of the commission shall also choose by lot one, two and three year terms of office, and the appointment of their successors, after the expiration of the first year of this commission, shall be for a term of three years. All appointments to fill vacancies shall be for the unexpired term. vacancy shall occur in the commission, by reason of death, resignation, incapacity, refusal to serve, or otherwise, the vacancy shall be filled by appointment, as provided in section six hundred and thirty-three of this act. In case the Fine Arts Federation shall fail to present a list of nominees as aforesaid within three months from the time when any appointment is to be made, the mayor shall appoint without such nomination. Officers. § 635. The commission shall serve without compensation as such, and shall elect a president, vice-president and secretary from its own members, whose terms of office shall be for one year and until their successors are elected and have qualified. The commission shall have power to adopt its own rules of procedure. Five commissioners shall constitute a quorum. Offices to be provided; expenses, how met. § 636. Suitable offices shall be provided for the commission by the board of estimate and apportionment. The expenses of the commission shall be paid by the city and the amount of the same shall be fixed annually by the board of estimate and apportionment and the municipal assembly. All works of art to be submitted to and approved by the commission. § 637. Hereafter no work of art shall become the property of The City of New York, by purchase, gift or otherwise, unless such work of art, or a design of the same, together with a statement of the proposed location of such work of art, shall first have been submitted to and approved by the commission; nor shall such work of art until so approved be erected or placed in or upon, or allowed to extend over or upon any street, avenue, square, common, park, municipal building, or other public place belonging to the city. The commission may, when they deem proper, also require a complete model of the proposed work of art to be submitted. The term "work of art" as used in this title shall apply to and include all paintings, mural decorations, stained glass, statues, bas reliefs or other sculptures; monuments, fountains, arches, or other structures of a permanent character intended for ornament or commemoration. No existing work of art in the possession of the city shall be removed, relocated or altered in any way without the similar approval of the commission, except as provided in section six hundred and thirty-nine of this act. When so requested by the mayor or the municipal assembly the commission shall act in a similar capacity, with similar powers, in respect of the designs of municipal buildings, bridges, approaches, gates, fences, lamps or other structures erected or to be erected upon land belonging to the city, and in respect to the lines, grades and plotting of public ways and grounds, and in respect of arches, bridges, structures and approaches which are the property of any corporation or private individual, and which shall extend over or upon any street, avenue, highway, park or public place belonging to the city. But this section shall not be construed as intended to impair the power of the park board to refuse its consent to the erection or acceptance of public monuments or memorials or other works of art of any sort within any park, square or public place in the city. Time for decision limited. § 638. If the commission shall fail to decide upon any matter submitted to it within sixty days after such submission, its decision shall be deemed unnecessary. Removal or re-location of works of art; duty of commission. § 639. In case the immediate removal or relocation of any existing work of art shall be deemed necessary by the mayor, the commission shall within forty-eight hours after notice from him approve or disapprove of such removal or re-location, and in case of their failure so to act within forty-eight hours after the receipt of such notice, they shall be deemed to have approved the same. CHAPTER XII. DEPARTMENT OF BUILDINGS. Sec. 644. Appointment of commissioners; qualifications; jurisdiction; salaries. 645. Rules and regulations. 646. General powers of commissioners under existing laws. 647. Continuation and repeal of existing laws; building code. 648. Duties of commissioners; appointment and removal of subordi nates. 649. Decisions of commissioners; appeals. 650. Power to vary the provisions of law. 651. Accounts; annual estimates; expenditures. Appointment of commissioners; qualifications; jurisdiction; salaries. § 644. The head of the department of buildings shall be called the board of buildings. Said board shall consist of three members to be known as commissioners of buildings. They shall be appointed by the mayor and shall hold their respective offices as provided in chapter four of this act. Each of said commissioners shall be a competent architect or builder of at least ten years' experience. One of said commissioners shall be the president of the board, and shall be so designated by the mayor. In appointing such commissioners the mayor shall specify the borough or boroughs in which they are respectively to have administrative jurisdiction, to wit: one in the boroughs of Manhattan and The Bronx; one in the borough of Brooklyn; and one in the boroughs of Queens and Richmond. The principal office of the department of buildings shall be in the borough of Manhattan. There shall be a branch office in the borough of Brooklyn, and a branch office may be established in any of the other boroughs, in the discretion of the board. The salary of the commissioner of buildings for the boroughs of Manhattan and The Bronx, and the salary of the commissioner of buildings for the borough of Brooklyn, shall in each case be seven thousand dollars a year. The salary of the commissioner of buildings for the boroughs of Queens and Richmond shall be three thousand five hundred dollars a year. See § 102, ante. |