N.Y. Rapid Transit Law § 32: Maintenance and operation by the board of transportation

§ 32. Maintenance and operation by the board of transportation. a. If

in the opinion of the board of estimate and the mayor, or in the opinion

of the board of transportation, either a contract for equipment,

maintenance and operation, or a contract for maintenance and operation

as provided in this chapter would be inexpedient, impracticable or

prejudicial to the public interest, the board of transportation shall

devise and prepare a plan for the maintenance and operation by the board

of transportation of any railroad which such city owns or is empowered

to acquire or operate by virtue of any law, and any combination of

city-owned railroads, or devise and prepare a plan for leasing under a

contract the use of the tracks of any railroad for operation of cars

thereon during a term of not more than five years for the carrying of

passengers and property by one or more persons owning or operating any

railroad in the city, or organized for the purpose of operating cars as

aforesaid over or upon any such railroad, and when such plan shall have

been approved by the board of estimate and the mayor, the board of

transportation shall either maintain and operate such road for and on

behalf of the city, or allow the use of the tracks of such railroad for

the operation of cars for the transportation of persons or property by

any such person. The compensation to be made or the rates of fare

provided for shall be stated by such board of transportation in any

operating contract or plan aforesaid. Whenever it shall seem practicable

to reduce rates of fare, the reduction shall in the first instance be in

favor of school children, and then, next in order, in favor of all the

public between six and nine o'clock ante meridian, and between four and

seven o'clock post meridian, and then for all the public from five

o'clock ante meridian until seven o'clock post meridian, and, lastly,

for all the public at all times.

b. No part of any road, or of its structures and appurtenances,

constructed under the authority of this chapter, shall be used for

advertising purposes or for any trade, traffic or occupation, other than

required for the operation of such road, except such advertising and

such sale of newspapers, periodicals, magazines, books, flowers,

confectionery and other similar articles usually sold in railway

stations, as from time to time, always with the right of revocation, may

be permitted by the board of transportation. Such board, however, may

authorize the installation, maintenance and operation of telephones in

the stations of such road for public use. Such board of transportation

may authorize or enter into a contract for the granting and exercise of

such privileges for such period of years and upon such terms and

conditions as, in the judgment of such board, the public interests

require.