N.Y. Comp. Codes R. & Regs. tit. 9 § 408.1

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

Section 408.1 - Activities absolutely prohibited

The activities and uses enumerated in this section shall be absolutely prohibited on property under the jurisdiction, custody and control of the commission.

(a) [Reserved]

(b) Pollution of waters. No person shall in any manner cause to be placed in waters or into any storm sewer, drain or stream flowing into such waters any sewage, garbage, trash, litter, debris, waste material or any nauseous or offensive matter.

(c) Littering. No person shall in any manner cause any rubbish, garbage, refuse, organic or inorganic waste, diseased or dead animal, or other offensive matter or any abandoned property or material to be placed or left in or on any property, except in receptacles provided for that purpose.

(d) Drains and sewers. No person shall discharge into any openings or gutter leading into any sewer, receiving basin or drain in or leading into any property any gas or vapor, or any substance which may form a deposit tending to choke same, or any volatile liquid which may emit an inflammable vapor at a temperature below 160 degrees Fahrenheit, or any steam or water above 100 degrees Fahrenheit.

(e) Injury to property. No person shall make an excavation on or injure, destroy, deface, remove, fill in, tamper with or cut any real or personal property, tree or other plant life, and no person shall erect or maintain any structure except as otherwise provided in this Subchapter.

(f) Disorderly conduct. No person shall do any of the following:

(1) disobey a lawful order of any officer or employee of the commission or the directions of any sign erected by or at the direction of the commission;

(2) use abusive or obscene language or make an obscene gesture;

(3) throw stones or other objects or missiles which may inflict bodily injury or damage to property;

(4) obstruct vehicular or pedestrian traffic;

(5) climb upon any wall, fence, structure or monument;

(6) engage in or encourage fighting or violent or threatening behavior;

(7) spit upon grounds or other surfaces;

(8) make any unreasonable noise;

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

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

(11) commit an act which may result in injury to any person or damage or loss to real or personal property or create a hazardous or offensive condition by any act which serves no legitimate purpose;

(12) without lawful authority, disturb any lawful assembly or meeting of persons;

(13) congregate with other persons and refuse to comply with a lawful order to disperse.

(g) Charges. No person shall enter upon or use any facility or property for the use of which a charge or fee is imposed, unless he shall have first paid such charge or fee.

(h) Property closed to public. No person shall enter or remain upon any property or within any structure during such hours, seasonal or indefinite periods that such property or structure has been designated as closed by a sign or by an employee of the commission.

(i) Use of established ways. No person shall use other than trails, overlooks, roads and other ways established and provided for public use by the commission. No liability shall attach to the State or commission, its officers, employees or agents for injuries to persons resulting from the use of other than such established trails, overlooks, roads or ways.

(j) 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 commission. Minors under 10 years of age shall at all times be under the supervision and control of a parent, guardian or responsible custodian.

(k) Hitchhiking. No person shall solicit a ride or hitchhike. No person shall pick up a hitchhiker.

(l) Gambling.

(1) Gambling, lotteries, games of chance and fortune-telling are prohibited.

(2) Notwithstanding paragraph (1) of this subdivision, the sale of tickets for the New York State Lottery by concessioners approved by the commission shall be permitted where the approval of the commission has been given.

(m) Hunting and preservation of fish and wildlife. No person shall, without a permit from the commission, hunt, trail with dogs, kill, wound, molest, trap, snare, or in any other way pursue, take or remove any animal, fowl, bird, reptile, amphibian, fish or shellfish, or the eggs of any of the above found within the confines of the park. Notwithstanding the foregoing general prohibition, the commission may, from time to time, specifically allow one or more of such activities within designated parks or portions of designated parks.

(n) No person shall introduce, possess or use any axe, machete or cutting tool other than a hatchet or sheath knife for the purpose of preparing wood for a cooking fire.

(o) Animals. No person shall introduce or possess any animal except as otherwise provided in this Subchapter.

(p) All-terrain vehicles. No person shall use or operate an all-terrain vehicle or other similar wheeled or air-cushioned vehicle designed or equipped to operate outside of highways. This prohibition shall not be interpreted to include snowmobiles unless equipped with a wheeled conversion to an all-terrain vehicle.

(q) Firearms and weapons. No person, other than a member of a Federal, State or municipal law enforcement agency, shall introduce or possess, either upon the person or within a vehicle, or use any firearm or any instrument or weapon the propelling force of which is a spring, rubber or air or any ammunition or propellant therefor, or a bow and arrow, except as permitted by a rule or regulation of the commission.

(r) Attire. No person shall appear nude in public as defined in section 235.20 (2) of the Penal Law, dress or undress other than in facilities provided therefor, enter or remain in any area or facility in such attire as may be prohibited by a sign or by an employee of the commission or bathe in other than a bathing suit safe and suitable for such purpose.

(s) Artificial swimming aids. No person shall use tubes, floats, swim fins, Aqua-lungs or skin diving equipment of any kind, or any other inflated or buoyant objects or artificial or mechanical aids for swimming or diving, except under the following circumstances:

(1) when the use of skin or scuba diving equipment is authorized in accordance with the terms of a permit issued by the commission; or

(2) when the use of personal flotation devices at designated facilities is specifically authorized by the commission. Only United States Coast Guard-approved personal flotation devices of types I, II and III shall be allowed.

(t) Protection of bathing areas. No person shall bring into or have any food or beverage in any bathing area, except those parts thereof designated for picnicking or refreshment. No person shall throw, cast, lay or deposit any glass bottle or piece of crockery, nor any glass or glassware or any part thereof, or metallic or any other substance that might cause injury on any bathing area in, on or adjoining any park.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 408.1