N.Y. Comp. Codes R. & Regs. tit. 9 § 300-3.1

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

Section 300-3.1 - Prohibited activities

The activities and uses enumerated in this section shall be prohibited on all State property.

(a) Littering. No person shall litter. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse on State property.

(b) Destruction or abuse of property or equipment. No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment including, without limitation, vegetation, owned by, or under the jurisdiction of, the office.

(c) Failure to comply with directions. No person shall fail to comply with a lawful order of any police officer, security guard, or authorized employee of the office or the direction of any sign erected by or at the direction of the office.

(d) Disorderly behavior. A person who commits any of the following actions shall be deemed to be engaging in disorderly behavior in violation of these rules when such person:

(1) engages in a course of conduct or commits acts that unreasonably alarm or seriously annoy another person;

(2) throws stones, other objects or missiles which may inflict bodily injury or damage to persons or property;

(3) obstructs vehicular or pedestrian traffic;

(4) climbs upon any wall, fence, structure or monument;

(5) engages in or encourages fighting or violent or threatening behavior;

(6) engages in a course of conduct or commits acts that endangers the safety of others or creates an unreasonable risk of damage to real or personal property;

(7) deposits bodily wastes upon grounds or other surfaces;

(8) except if authorized by a permit pursuant to section 300-2.2(d) of this Part, makes or causes noise at a rate of over 95 decibels outdoors or 90 decibels indoors for an unreasonable period of time;

(9) throws away or discards any lighted match, cigar, cigarette, charcoal or other burning object other than in a receptacle provided for that purpose;

(10) operates any wheeled vehicle, snowmobile, or other equipment in such a manner as to endanger other persons or property or in such a manner so as to create an unreasonable noise or disturbance;

(11) swims or wades in any pool or fountain.

(e) Loitering for illegal purposes. A person shall be guilty of loitering for illegal purposes in violation of these rules when such person:

(1) loiters or remains on any State property for the purpose of engaging or soliciting another person to engage in sexual activity; or

(2) loiters or remains on any State property 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.

(f) Avoiding charges. No person shall enter upon or use any State property without having paid any applicable charge or fee.

(g) Property closed to public. No person shall, without authorization, enter or remain upon any State property or within any structure during such times when such property or structure has been designated as closed by a sign or by the commissioner.

(h) Use of escalators and stairways. No person shall use an escalator or stairway for other than its intended purpose. No person shall walk or run on an escalator in the opposite direction of its rotation. No person shall ride a bicycle, scooter, operate a vehicle, skateboard, roller-blade, or roller-skate upon any escalator or stairway. No person shall bring a cart or baby stroller or baby carriage upon any escalator or stairway.

(i) Minors. No person having custody or control of a minor shall permit such minor to do any act in violation of a rule or regulation of the office. Minors under 14 years of age shall at all times while on State property be under the supervision and control of a parent, guardian or responsible custodian.

(j) Hitchhiking. No person shall solicit a ride or hitchhike on State property. No person shall pick up a hitchhiker on State property.

(k) Animals. No person shall introduce or possess any animals within a State facility except for service animals and police and fire dogs under the control of their handler, without authorization from the commissioner. No person shall abandon an animal on State property.

(l) Firearms and deadly weapons.

(1) No person shall introduce, use, or possess a firearm or deadly weapon on State property without authorization from the commissioner or State Police except:

(i) Federal, State, county and municipal police officers and armed couriers on official business, properly licensed to carry a firearm.

(ii) Off-duty Federal, State, county and municipal police officers provided the firearm is concealed and the officer is properly licensed and authorized to carry a firearm while off duty. With respect only to the Empire State Plaza, such off duty police officers who carry a firearm or deadly weapon that cannot be concealed must secure such firearm or deadly weapon at the Concourse State Police station for the duration of their visit. Firearms or deadly weapons incapable of being concealed are prohibited on all other State property.

(2) The commissioner reserves the right to inspect any packages or containers that reasonably appear capable of housing or enclosing a firearm or deadly weapon.

(3) Any firearms lawfully possessed and being brought on State property for an authorized gun show/sale or display must be unloaded and transported in a carrying case to and from the actual place of show/sale or display.

(m) Restrooms. No person shall use any restroom on State property or any fixture or equipment therein for other than its intended purpose. Prohibited activities include, but are not limited to, bathing, washing clothes or sleeping.

(n) Smoking. No person shall smoke in any area, building or portion of a building, structure or portion of a structure, on State property where signs are in place advising that smoking is prohibited at such location.

(o) Fire protection equipment. No person shall tamper with fire protection equipment on State property.

(p) Open fires. Open fires are prohibited on State property, without authorization from the commissioner.

(q) Running or jogging. No person shall run or jog in the interior area of a building on State property including, but not limited to, the concourse level of the Empire State Plaza unless authorized by the commissioner.

(r) Camping. No person shall engage in camping, or erect or maintain a tent, shelter, or structure on State property either individually or as part of a public assembly. Structures erected by the office as part of State property or as part of a temporary exhibition in connection with an authorized special event are exempt from this prohibition.

(s) Skateboarding, roller-skating, roller-blading or bicycling. No person shall skateboard, roller-skate, roller-blade, bicycle or operate a scooter on State property in other than designated areas and in compliance with all applicable helmet laws. In all other areas, these activities are prohibited. No person shall skateboard, roller-skate, roller-blade, bicycle or operate a scooter in a manner, which is unreasonable for the existing conditions or which endangers the safety of persons (including themselves) or property. Stunt riding and trick riding are hereby deemed to be inherently dangerous and are prohibited.

(t) Employee/vendor identification cards.

(1) No person shall convey or loan their New York State employee/vendor identification card to another person for the purpose of allowing said person(s) to gain unauthorized entry onto State property.

(2) Any person found to be in possession of a New York State employee/vendor identification card who is unauthorized to carry such card shall be subject to prosecution under the provisions of article 165 of the Penal Law of the State of New York, or any successor provisions thereof or any other applicable provisions of the Penal Law.

(3) All lost or stolen New York State employee/vendor identification cards shall be immediately reported to the Office of Access Control and ID Card Administration, Plaza Manager's Office, Room 130, Empire State Plaza, Albany, NY 12242.

(4) Upon separation from State service or termination of contractual services, the New York State employee/vendor identification card shall be surrendered to the issuing agent. Failure to do so may result in criminal prosecution as set forth in paragraph (2) of this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 300-3.1