N.Y. Comp. Codes R. & Regs. tit. 21 § 751.5

Current through Register Vol. 46, No. 16, April 17, 2024

Section 751.5 - Regulated uses

Violation of any provision of this section shall subject the violator to a civil penalty, as specified in the trust's penalty schedule in section 751.7 of this Part. Unless expressly permitted the following is a list of regulated activities and uses:

(a)Assemblies, meetings, exhibitions.

(1) It is prohibited for any person to hold or sponsor any special event or demonstration without a permit.

(2) It is prohibited for any person to erect any structure, stand, booth, platform, exhibit or art work in connection with any assembly, meeting, exhibition or other event or activity without a permit from the trust.

(3) It is prohibited to hold an event that significantly interferes with ordinary park use without a permit. Significant interference includes, but is not limited to, harming landscaping, plantings or structures in the park, precluding other events that have a valid permit, and unreasonably interfering with the enjoyment of the park by others.

(b)Unlawful vending.

It is prohibited for any person to sell, offer for sale, hire, lease or let anything whatsoever within the park, except under and within the terms of a permit for such activity issued by the trust.

(c)Unlawful posting of notices or signs.

(1) It is prohibited for any person to post, display, affix, stand, construct or carry any placard, flag, banner, sign or model or display any such item by means of aircraft, kite, balloon or other aerial device, in, on, or above the surface of the park for any purpose whatsoever without a permit issued by the trust. Each separate item placed in violation of this section constitutes a separate violation.

(2) Notwithstanding paragraph (1) of this subdivision, any person may carry any item described in paragraph (1) of this subdivision, without the aid of any aircraft, kite, balloon or other aerial device, where the space on which the message of such item is contained has a height no greater than two feet and a length no longer than three feet, and that such item takes up a total area of no more than six square feet.

(3) Any person or business who posts or displays a sign, printed material or art work upon park property, including the perimeters of the park, whether or not pursuant to a permit issued under this subdivision, is responsible for removal of such material pursuant to the conditions in such permit, or immediately if no such permit has been issued. Failure to remove any material that is posted or displayed on such property, or that remains on such property, other than in compliance with such permit, constitutes a violation and such material is subject to immediate removal and disposal.

(4) There will be a rebuttable presumption that any person or business whose name, telephone number, or other identifying information appears on any notice or sign posted or displayed within the park without trust permission, has violated this subdivision by either:

(i) pasting, posting, painting, printing or nailing such notice or sign; or

(ii) directing, suffering or permitting a servant, agent, employee or other individual under such person's or business's control to engage in such activity; provided, however, that such rebuttable presumption will not apply with respect to criminal prosecutions brought pursuant to this paragraph.

(d)Noise; musical instruments; sound reproduction devices.

(1) It is prohibited for any person to make, or cause or allow to be made, unreasonable noise in the park so as to cause public inconvenience, annoyance or harm. Unreasonable noise means any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivity or injures or endangers the health or safety of a reasonable person of normal sensitivity, or which causes injury to plant or animal life, or damage to property or business.

(2) Except as authorized in this subdivision, it is prohibited for any person to play or operate any sound reproduction device, as defined in this Part, in the park without a permit from the trust and in compliance with any other applicable governmental requirements. Except in designated quiet zones the regular and customary use of portable radios, record players, compact disc players, televisions, or tape recorders or unamplified musical instruments played or operated in full accordance with this Part so as not to unreasonably disturb other persons in their permitted uses of the park, is permitted without the need for specific trust authorization. Signs will be posted in all quiet zones advising the public of such prohibition. The use of sound reproduction devices listened to solely by headphones or earphones and inaudible to others is permitted in all areas of the park.

(3) It is prohibited for any person to play or operate any sound reproduction device in the park between the hours of 10:00 p.m. and 8:00 a.m., unless audible solely through headphones or earphones or as authorized by the trust under the express terms of a permit. The trust may, in its discretion, further restrict such hours in specific park areas where such operation would disturb or damage the comfort, peace, health or safety of persons or businesses.

(4) It is prohibited for any person to play or operate any musical instrument or drum or cause any noise for advertising or commercial purposes except under the express terms of a permit.

(e)Unauthorized cinematic or photographic productions.

It is prohibited for any person to engage in any cinematic or photographic production which either:

(1) is for commercial purposes; or

(2) restricts access to public areas, regardless of whether the production is for commercial purposes or not, without a permit from the trust. The permittee will be responsible for restoring any park property altered or damaged in connection with the exercise of such permit.

(f)Alcoholic beverages.

(1) Except where specifically permitted by the trust, it is prohibited for any person to consume any alcoholic beverage in any playground, beach, swimming pool or other park area or facility. It is prohibited for any person to possess any alcoholic beverage with intent to consume or facilitate consumption by others of same in any playground, beach, swimming pool, or other park area or facility. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this subdivision. There will be a rebuttable standard of constructive possession for the purposes of this subdivision.

(2) It is prohibited for any person to appear in the park under the influence of alcohol to the degree that he or she may endanger himself or herself, other persons or property, or unreasonably annoy persons in his or her vicinity.

(g)Swimming and designated swimming and pool areas.

(1) Except as otherwise specifically authorized by the trust, swimming or wading in waters under the jurisdiction of the trust is permitted only at authorized swimming and pool areas and only during the bathing season as may be designated by the trust. The trust may limit or expand the extent of swimming and pool areas, shorten or extend the bathing season with due regard for weather conditions, protection of the environment, and the safety of the public. It is prohibited for any person to swim or wade within the park except during the bathing season and within designated locations.

(2) It is prohibited for any person to bring into or use in water under the jurisdiction of the trust, any artificial floats, tubes, masks, spears, fins, snorkels, air or gas tanks, or other apparatus used for scuba diving, unless otherwise authorized by the trust or in an area designated by the trust for such use. If use of a personal flotation device is permitted, only USCG-approved of types I, II and III shall be allowed.

(3) Any person having, or apparently having any infectious disease will not be admitted to a bathing area, or permitted in the water.

(4) It is prohibited for any person to change clothes except in authorized places. It is prohibited for any person to be nude at any bathing area or other park area under the jurisdiction of the trust.

(5) It is prohibited for any person to disobey the reasonable direction of a lifeguard, or carry on unnecessary conversation with a lifeguard, or falsely call for help or assistance, or stand, sit upon, or cling to lifeguard perches, or cling to or go into a lifeguard boat except in an emergency.

(6) It is prohibited for any person to dive into waters under the jurisdiction of the trust except where specifically authorized by posted signs.

(h)Fishing and crabbing.

(1) The angling or taking, as those terms are defined in the State Environmental Conservation Law, section 11-0103(12), of fish, crabs or other crustacea with the use of a hook and line, dip net or crab trap is permitted from locations under the jurisdiction of the trust, except in open swimming areas or where specifically prohibited. Casting is not permitted except in designated areas. Any person who engages in such activity must obey all posted guidelines, and comply with all applicable city, State and Federal laws and regulations, including the New York State Environmental Conservation Law and regulations promulgated pursuant thereto.

(2) Failure to remove fishing line fragments and hooks from land and waters under the jurisdiction of the trust whenever practicable is a violation of this Part.

(i)Bicycling.

(1) Any person operating a bicycle in the park must obey all park signs pertaining to the use of such bicycles.

(2) It is prohibited for any person to operate a bicycle in the park except on designated service roads, access roads and driveways that are also used by motor vehicles. Bicycles are permitted on the Hudson River Greenway, which runs adjacent to the park as part of NYS Route 9A.

(3) It is prohibited for any person to ride or operate a bicycle in a reckless manner.

(4) It is prohibited for any person to ride or operate a bicycle to carry more persons at one time than the number for which it is designed and equipped, except that children may be carried in seats securely attached to a bicycle. It is prohibited for any person riding a bicycle to attach himself or herself or his/her bicycle to the outside of any motor vehicle being operated in the park.

(5) Bicyclists must yield the right-of-way to pedestrians.

(j)Planting.

Except as and where specifically permitted by the trust, it is prohibited for any person to plant, prune, forage, grow, maintain, fertilize or interfere with any trees, plants, flowers, shrubbery or other vegetation in any area under the jurisdiction of the trust. Trees, shrubbery, plants and other vegetation installed in the park pursuant to permits are the property of the trust.

(k)Unlawful fires.

(1) It is prohibited for any person to kindle, build, maintain, or use a fire in any place, portable receptacle, or grill within the park, except as specifically authorized by the trust.

(2) It is prohibited for any person to deposit, dispose, leave, throw away or toss any lighted match, cigar, or cigarette, or other flammable material within, on, near, or against any tree, building, structure, boat, vehicle or enclosure, or in any open area, including park water areas.

(l)Unlawful operation and parking of motor vehicles.

(1) Motor vehicles may not be brought into or operated in any area of the park except in designated parking areas or as otherwise specifically authorized by the trust. parking areas may be closed to motor vehicles at such times and in such places designated by the trust.

(2) It is prohibited for any person to park any motor vehicle in the park, except as authorized by the trust.

(3) parking permits may be issued to persons. Their license plate number may appear on the permit, and such permit will be valid only for the registered vehicle identified on the permit. parking permits are not transferable. Any assignment or attempted assignment of a parking permit will result in the cancellation of such permit.

(4) It is prohibited for any person to remain overnight in a garage or parking lot or in a vehicle parked in a garage or parking lot within the park, except as authorized by the trust. The trust may remove or cause to be removed any vehicle which is parked in a garage or parking lot or other area under trust jurisdiction without a current parking permit or without payment of all required fees. The cost of towing and storage of the vehicle will be charged to the permittee or owner of the vehicle and must be paid prior to release of the vehicle. Any vehicle which is unclaimed after 30 days will be deemed to be an abandoned vehicle and will be disposed of pursuant to the procedures set forth in section 1224 of the Vehicle and Traffic Law.

(5) It is prohibited for any person to use any area of the park, including designated parking areas, for the purpose of performing nonemergency automotive work, including, but not limited to, vehicle maintenance, repairs or cleaning.

(m)Unauthorized construction on park property.

It is prohibited for any person to perform, cause, suffer or allow to be performed construction work of any kind or any work incidental thereto, including storage of materials, in the park, except as specifically authorized by the trust.

(n)Unauthorized excavations.

It is prohibited for any person to perform, cause, suffer or allow to be performed any excavations within or adjacent to the park property if such excavation should impact the park, except as specifically authorized by the trust.

(o)Failure to comply with area use restrictions.

(1) It is prohibited for any person to throw, catch, kick or strike any baseball, football, frisbee, basketball, soccer, golf or tennis ball, or similar object, or engage in any sport, game or other competition, except in areas designated and maintained by the trust for such purpose. The trust may restrict or prohibit the use of such areas if the area has previously been allotted to another by permit issued pursuant to the provisions of this Part.

(2) It is prohibited for any person to engage in any toy or model aviation, kite-flying, model boating or model automobiling, except at such times and at such places designated or maintained by the trust for such use.

(3) It is prohibited for any person to ice skate, roller skate, in-line skate, ski, skateboard, ride a scooter, or sled except in areas designated and maintained by the trust for such use.

(p)Exclusive areas.

Areas within the parks may be designated by the trust for exclusive use of certain activities. All exclusive areas will be specifically designated as such and signs will be posted informing the public of this designation and any applicable hours restrictions. Exclusive area designations may include:

(1) exclusive children's playgrounds: Persons over the age of 12 are allowed in playground areas only when supervising a child under the age of 12;

(2) dog runs: Certain fenced park areas may be designated by the trust as dog runs, and persons owning or possessing dogs that are wearing a license tag and vaccinated against rabies pursuant to State and city laws are permitted to allow such animals to remain unleashed in these areas. Users of dog runs must obey posted rules;

(3) swimming and wading area: Certain water areas of the park may be designated by the trust as swimming and wading areas where the operation of vessels of any kind is strictly prohibited;

(4) nonmotorized boating areas: Certain inter-pier areas may be designated by the trust as nonmotorized boating areas for use by kayakers, canoers and other operators of nonmotorized vessels. Motorized vessels, swimming and wading are prohibited in such designated areas;

(5) sanctuary areas: Access to certain water and ecological pier areas may be restricted or prohibited by the trust to preserve and protect marine and/or plant habitat resources within such areas;

(6) docking or mooring areas: Certain water areas of the park may be designated by the trust as areas where vessels may dock or moor. Rules regarding docking and mooring are posted in the docking and mooring areas in the park and/or on the website.

(q)Unlawful distribution of products and materials.

(1) It is prohibited for any person to engage in the noncommercial distribution of products and/or material (other than printed or similarly expressive material) without a permit. A permit will be issued only upon the trust's determination that said distribution will be conducted in a manner consistent with the public's use and enjoyment of the park or park facility in question. In making this determination, the trust will use criteria which shall include but not be limited to:

(i) considering the nature of the product or material;

(ii) whether the product or material is compatible with customary park uses;

(iii) whether the product or material is intended to be used in the park or facility;

(iv) the age of the targeted audience for the product or material; and

(v) whether the area in the park or facility where the distribution will take place is appropriate for such distribution, considering, e.g., its proximity to areas designed for children, quiet zones or other areas designed for activities not compatible with such distribution.

(2) In connection with the foregoing, the trust may consult with parental or other groups which are involved with the park or facility where a permit for distribution is requested. The trust may also impose conditions upon the distribution of products and materials consistent with the concerns reflected by the factors listed above. Products and/or materials may be distributed only upon an indication of interest by the recipient, and only from a fixed location specified in the permit.

(r)In-line skating, roller skating, skateboarding and use of scooters.

(1) Any person bringing in-line skates, roller skates, skateboards or scooters in the park must obey all park signs pertaining to the use of such equipment.

(2) It is prohibited for any person to in-line skate, skate, skateboard or use a scooter in vegetated areas or on any pedestrian way, sitting or play area, or playground. In-line skates, roller skates, skateboards or scooters may be used only on park roads, the adjacent NYSDOT Route 9A bikeway/greenway, and other park areas specifically designated by the trust.

(3) It is prohibited for any person to use in-line skates, roller skates, skateboards or scooters in a reckless manner, or as to endanger persons or damage park property.

(4) Persons using in-line skates, roller skates, skateboards or scooters must yield the right-of-way to pedestrians, and must walk on their skates or carry their boards on pedestrian walkways.

(s) Geocaching or other treasure hunting games, activities, devices, logbooks, trinkets, or other materials, are not allowed within Hudson River park except as may be expressly permitted by the trust.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 751.5

Amended New York State Register August 19, 2020/Volume XLII, Issue 33, eff. 6/3/2020