N.Y. Comp. Codes R. & Regs. tit. 21 § 1040.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1040.4 - General provisions

(a) Public areas within the terminals and stations are open to the public at such times as may be established by SIRTOA from time to time. Public areas are those areas of the terminals or stations which are open for use by the public in gaining access to transportation, terminals and stations, in traveling through the terminals and stations from one point to another, in waiting for transportation, and in utilizing public toilet facilities and public pay telephones or other services as may be permitted pursuant to these rules.

(b) No persons except persons assigned to duty therein by SIRTOA or the authority shall enter any area of a terminal, station or train that is not a public area or that is closed to the public except in a public safety capacity or pursuant to the terms or a lease, license, operating agreement or concession granted by SIRTOA or the authority.

(c) No person, unless duly authorized by SIRTOA, shall engage in any commercial activity upon any facility or train. No person shall panhandle or beg upon any facility or train.

(d) Emergency closure. Whenever a threat to public health or safety exists in a terminal or station resulting from any cause, the general manager or any SIRTOA employee having authority to do so may close the affected terminal or station or any part thereof to the public to ensure the safety and well-being of the public. During a disaster emergency relating to public health declared by the Governor of the State of New York, no person who is on a train shall remain on such train or in the terminal or station after the train has entered a terminal or station and SIRTOA has announced that the train is being taken out of service and instructed passengers to leave the train.

(e) Except as expressly authorized and permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation, and include remaining in the paid fare zone of a particular terminal or station for more than one hour. The following nontransit activities are authorized and permitted by SIRTOA, provided they do not impede transit activities and they are conducted in accordance with the rules governing the conduct and safety of the public in the use of the Staten Island Rapid Transit Operating Authority: public speaking; distribution of written noncommercial materi- als; artistic performances, including the acceptance of donations; solicitation for religious or political causes; solicitation for charities that:

(1) have been licensed for any public solicitation within the preceding 12 months by the Commissioner of Social Services of the City of New York under section 21-111 of the Administrative Code of the City of New York or any successor provision;

(2) are duly registered as charitable organizations with the Attorney General of New York under section 172 of the New York Executive Law or any successor provision; or,

(3) are exempt from Federal income tax under section 501(c)(3) of the United States Internal Revenue Code or any successor provision. Solicitors for such charities shall provide, upon request, evidence that such charity meets one of the preceding qualifications. The aforementioned nontransit uses within the stations and terminals are deemed to be authorized provided that such activities:

(i) do not impede or interfere with or impair transportation services or the movement of persons within a station or terminal;

(ii) do not violate any of the prohibitions contained in these rules; and

(iii) do not take place on trains.

(f) Photography, filming or video recording in any facility or train is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of these rules.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1040.4

Amended New York State Register October 14, 2020/Volume XLII, Issue 40, eff. 10/14/2020