N.Y. Comp. Codes R. & Regs. tit. 21 § 1085.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1085.2 - Definitions

As used or referred to in this Part, the following terms have the following meanings unless a different meaning clearly appears from the context in which the term is used:

(a) Authority means the Metropolitan Transportation Authority, the public benefit corporation created by section 1263 of the New York Public Authorities Law.

(b) Commercial activities means activities whose main purpose is the sale of goods or services or the promotion or advertising of goods or services, including the distribution of goods or materials for free.

(c) Controlled substance means those substances designated as controlled substances by the New York State Penal Law.

(d) Facilities means Grand Central terminal and all other terminals and stations within New York State owned or operated by Metro-North under contract, lease or other arrangement, including joint service arrangements. Facilities includes all property and equipment including, without limitation, rights of way and related trackage, rails, signal power, fuel, communication and ventilation systems, power plants, tunnels, emergency exits, signage, storage yards, depots, repair and maintenance shops, yards, offices and other real estate or personally owned, operated, used, held or leased by Metro-North for or incidental to the operation, rehabilitation or improvement of railroad operations including real estate or property used or held or leased by Metro-North pursuant to joint service arrangements. Furthermore, the term facility or facilities encompasses buildings, structures, and areas used, held or leased by Metro-North or the authority notwithstanding that portions thereof may not be devoted to any railroad purpose other than the production of revenues available for covering the costs and expenses of all or any facilities of Metro-North or the authority.

(e) General superintendent means the individual or individuals designated by Metro-North to have overall supervisory responsibility for the Metro-North facilities at Grand Central terminal, or his designee.

(f) Grand Central terminal means the Grand Central terminal main station building including, but not limited to, the arcades, passageways and platforms shown on existing conditions maps identified in the Harlem-Hudson lease agreement and all appurtenances thereto.

(g) Metro-North Commuter Railroad Company or Metro-North means that independent subsidiary and public benefit corporation created by the authority that operates and maintains the Hudson, Harlem, New Haven, Port Jervis and Pascack Valley commuter railroad lines.

(h) Noncommercial activities means activities involving public speaking; distribution of written materials related to a charitable, religious or political cause; and solicitation of contributions for charitable, religious or political causes; and artistic performances, including the acceptance of donations for such performances.

(i) Person means any natural person, individual, corporation, society, organization, company, association, firm, partnership, or other entity.

(j) Police officer means any person so designated pursuant to New York Criminal Procedure Law, section 1.20 who, pursuant to their authority, has jurisdiction within a terminal, station or train including without limitation any member of the MTA Police Department, and also any Bridge and Tunnel Officer authorized to issue notices of violation pursuant to New York Public Authorities Law, section 553(7-a).

(k) Terminals and stations means Grand Central terminal as well as all terminals and stations within New York State owned or operated by Metro-North under contract, lease or other arrangement, including joint service arrangements, and including all appurtenances to any terminal or station including, but not limited to, platforms, stairways, arcades and passageways.

(l) Trains means all trains operated by Metro-North in revenue service.

(m) Unreasonable noise means excessively or unusually loud sounds produced by any means which are audible to another person and which cause public inconvenience, annoyance or alarm, but does not include conversational speech or sounds incident to walking or normal movement. The term unreasonable noise also includes sounds which interfere with the audibility of the normal communication, audio communication equipment and speaker system of a terminal, station or train.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1085.2

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