N.Y. Comp. Codes R. & Regs. tit. 21 § 751.6

Current through Vol. 43, No. 18, May 5, 2021
Section 751.6 - Prohibited activities and uses

Unless otherwise expressly permitted, the following is a list of prohibited activities and uses:

(a) Destruction or abuse of property and equipment. It is prohibited for any person to injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment owned by or under the jurisdiction or control of the trust.
(b) Destruction or abuse of trees, plants, flowers, shrubs and grass.
(1) It is prohibited for any person to deface, write upon, sever, mutilate, prune, kill or remove from the ground any trees, plants, flowers, shrubs or other vegetation under the jurisdiction of the trust without documented permission of the trust.
(2) It is prohibited for any person to go upon or allow any animal or child in his or her custody to go upon any posted newly-seeded lawn or grass plot.
(3) It is prohibited for any person to go upon or allow any animal or child in his or her custody to go upon any area enclosed by fencing, temporary or permanent, where such fencing or signs posted thereon reasonably indicate that entry into such area is forbidden.
(4) It is prohibited for any person to possess any tools commonly used for gardening, or any plant, tree, shrub or other vegetation, in the park except where such possession is specifically designated to be permissible by the trust or incidental to their presence in the park.
(5) It is prohibited for any person to use a metal detector in the park except under a permit issued by the trust.
(c) Littering, polluting, dumping, and unattended property.
(1) It is prohibited for any person to litter in the park. All persons must use receptacles provided for the disposal of refuse. It is prohibited for any person to deposit household or commercial refuse in the park receptacles.
(2) It is prohibited for any person to throw, drop, allow to fall, deposit or discharge into or leave in the waters within the park (including pools, fountains and bathing areas), or any stream, sewer or drain flowing into said waters, any substance, liquid or solid, which may or will result in the pollution of said waters.
(3) It is prohibited for any person to engage in dumping in the park.
(4) It is prohibited for any person to store or leave unattended personal belongings. Personal property left unattended within the park in violation of this provision is subject to removal by the trust. The trust will give notice to the owner of the property prior to such removal if the identity of and an address for such person are reasonably ascertainable. The cost of the removal and storage of such property will be charged to the owner and must be paid prior to release of the property. Any personal property that is unclaimed after 30 days will be deemed to be abandoned and will be turned over to the police property clerk for disposal pursuant to law.
(d) Restrictions on glass. The trust may designate certain areas of the park as restricted areas wherein no glass bottles or other glass containers will be permitted. Failure to comply with such restrictions will constitute a violation of this Part. This subdivision will not apply to glass bottles or containers used in the care and feeding of infant children.
(e) Aviation. It is prohibited for any person to voluntarily bring, land or cause to alight within or upon the park, any airplane, balloon, parachute, parasail, hang glider, helicopter, or other aerial device, except for permitted helicopter use at a designated heliport within the park or for medical evacuations. For the purposes of this subdivision, voluntarily means anything other than a landing necessitated by a medical emergency or a mechanical or structural failure of the aircraft or other aerial device.
(f) Explosives, firearms and weapons. It is prohibited for any person, except a police officer or peace officer while on duty, to bring into or have in his or her possession in the park, any firearms or like implements, air rifles, air pistols, paintball guns, slingshots, firecrackers, missile propelling instruments or explosives, including any substance, compound, or mixture having properties of such a character that alone or in combination with other substances, compounds or mixtures, propel missiles, explode or decompose to produce flames, combustion, noise, or noxious or dangerous odors, except as specifically permitted by the trust or other appropriate city, State or Federal authorities.
(g) Abuse of park animals.
(1) It is prohibited or any person to molest, chase, wound, trap, hunt, shoot, throw objects at, kill or remove any animal, any nest, or the eggs of any amphibian, reptile or bird; or knowingly buy, receive, have in his or her possession, sell or give away any such animal or egg taken from or killed within the park.
(2) It is prohibited for any person to feed park animals except unconfined squirrels and birds, and where specifically authorized by the trust. The trust may also designate certain areas where all feeding of animals is prohibited. It is a violation of this Part to feed animals in any area where such feeding is prohibited.
(h) Marijuana; controlled substances. It is prohibited for any person to bring, possess, distribute, sell, solicit or consume marijuana or any controlled substance, as defined in section 220.00 of the New York State Penal Law, in the park or other park property or facility.
(i) Failure to control animals. It is prohibited for any person owning or possessing any animal to cause or allow such animal to be unleashed or out of control in the park, except as permitted by the trust within designated animal run areas. Any such animal found at large may be seized and impounded. Properly licensed animals, restrained by a leash not exceeding six feet in length, may be brought into the park, except in no event are dogs or other animals allowed to enter any playground, bathing facilities, or other area prohibited by the trust. Nothing in this subdivision will be construed to prohibit persons with disabilities from bringing into such areas service animals, including guide dogs, signal dogs, or other animals individually trained to do work or perform acts for the benefit of an individual with a disability, including but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Nothing herein shall limit the rights of persons with disabilities under city, State, and Federal law.
(j) Horse riding. Horse riding is prohibited within Hudson River Park without a permit issued by the trust.
(k) Control and removal of animal waste.
(1) It is prohibited for any person to allow any animal in his or her custody or control to discharge any fecal matter in the park unless he/she promptly removes and disposes of same. This provision does not apply to a service animal accompanying a person with a disability.
(l) Urination and defecation in parks. It is prohibited for any person to urinate or defecate in the park, or in or upon any park building, monument or structure, except in a facility which is specifically designed for such purpose.
(m) Disorderly behavior. It is prohibited for any person to engage in disorderly behavior in the park. Any person who engages in disorderly behavior may be expelled immediately from the park. A person is guilty of disorderly behavior who:
(1) enters or leaves the park except by designated entrance ways or exits, or enters or attempts to enter any facility, area or building sealed, locked or otherwise restricted from public access; or
(2) climbs upon any wall, fence, shelter, railing, artwork, tree, shrub, fountain or other vegetation, or any structure or statue not specifically intended for climbing purposes;
(3) gains or attempts to gain admittance to the facilities in the park for the use of which charge is made without paying such charge;
(4) engages in any form of gambling or game of chance for money, or tells fortunes for money;
(5) interferes with, encumbers, obstructs or renders dangerous any part of the park or park road; obstructs vehicular or pedestrian traffic, including but not limited to blocking an entrance or exit to the park;
(6) engages in fighting or assaults any person;
(7) engages in a course of conduct or commits acts that unreasonably alarm or seriously annoy another person;
(8) engages in any form of sexual activity; or
(9) engages in a course of conduct or commits acts that endanger the safety of others.
(n) Loitering for illegal purposes. It is prohibited for any person to engage in loitering for illegal purposes in the park. Any person in the park is guilty of loitering for illegal purposes who:
(1) loiters or remains in the park for the purpose of engaging, or soliciting another person to engage, in sexual activity for money; or
(2) loiters or remains in the park with one or more persons for the purpose of unlawfully using, possessing, purchasing, distributing, selling or soliciting marijuana, alcohol or any controlled substance, as defined in section 220.00 of the New York State Penal Law.
(o) Unlawful exposure. It is prohibited for any person to appear in public on property under the jurisdiction of the trust in such a manner that his or her genitalia are unclothed or exposed.
(p) Obstruction of sitting areas. It is prohibited for any person to use a bench or other sitting area so as to interfere with its use by other persons, including lying down or storing any materials thereon.
(q) Unlawful camping. It is prohibited for any person to engage in camping, or erect or maintain a tent, shelter, or camp in the park without a permit.
(r) Unlawful spitting. It is prohibited for any person to spit or expectorate in or upon any park building, monument or structure, or in the water or on any public open space.
(s) Unhygienic use of fountains, pools, and water. It is prohibited for any person to use, or permit any animal under his or her control to use, any water fountain, drinking fountain, pool, sprinklers or any other water contained in the park for the purpose of washing or cleaning himself or herself, his or her clothing or other personal belongings. This subdivision does not apply to those areas within the park which are specifically designated as water fountains for use by animals, or which are specifically designated for personal hygiene purposes (i.e., bathroom, shower room, etc.), provided, however, it is prohibited for any person to wash his or her clothes or personal belongings in such areas.
(t) Unlawful solicitation or advertising.
(1) It is prohibited for any person to engage in any commercial activity or commercial speech, including the distribution or posting of signs, leaflets, or other printed materials in the park, except pursuant to a permit issued under this Part. There will be a rebuttable presumption that any person or organization whose name, telephone number or other identifying information appears on any such sign, leaflet or other printed materials found in Hudson River Park has violated this subdivision by either:
(i) illegally distributing or posting such materials; or
(ii) directing, suffering, or permitting a servant, agent, employee or other individual under such person's or organization's control to do so; provided, however, that such rebuttable presumption will not apply with respect to criminal prosecutions brought pursuant to this subdivision.
(2) It is prohibited for any person to solicit money or other property from persons not known to such person in the park, unless such person possesses a permit for such solicitation issued by the trust.
(u) Prohibited vessels. It is prohibited for any person to operate a cigarette boat, large twin engine boat with horse power in excess of 500 hp per engine, or jet skis anywhere within the waters of the park.
(v) Smoking. Smoking is prohibited in all public areas within Hudson River Park except as may be designated by the trust.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 751.6

The amended version of this section by New York State Register August 19, 2020/Volume XLII, Issue 33, eff. 10/1/2020 is not yet available.