New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXI - Battery Park City Authority
Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation
Section 9003.31 - Assemblies, meetings, exhibitions, etc

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 9003.31

Current through Register Vol. 46, No. 39, September 25, 2024

(a) No person shall hold or sponsor any contest, exhibit, public entertainment, parade, parade review, athletic contest, dramatic reading, storytelling, poetry reading, picnic, or other similar activity, in any park, including any park street, without a permit, unless fewer than 20 individuals may reasonably be expected to be in attendance.

(b) No person shall hold any public meeting or assembly or perform any ceremony or make a speech, address or oration, or other similar activity when more than 20 persons may reasonably be expected to be in attendance in any park, including any park street, without a permit.

(c) No person shall erect any structure, stand, booth, platform, or exhibit in connection with any assembly, meeting, exhibition or other event without approval of ParksCorp or the BPCA.

(d) Upon application, ParksCorp may deny a permit for such assembly, meeting, exhibition, speech, ceremony, contest, public entertainment, picnic, parade, parade review or other similar activity or event if:

(1) the proposed event is not consistent with these rules, the plaza regulations or policies of ParksCorp or the BPCA for events or activities;

(2) the proposed event would interfere with the use and enjoyment of any of the parks, including any park street, or the plaza or adjacent public areas by the public, or property immediately adjacent to the parks;

(3) the location sought is not suitable because of landscaping, planting, or other environmental conditions reasonably likely to be harmed by the proposed event;

(4) the location sought is not suitable because it is a specialized area, because of the design or structure of any of the parks, including any park street, including fountains, artworks or other decorative improvements, facilities, fixtures or equipment, or because the proposed event is of such nature or duration that it cannot reasonably be accommodated in that location;

(5) the date and time requested have previously been allotted by permit or an activity or event, or work, including construction, reconstruction, restoration, staging of work, repairs and maintenance, is scheduled for any area in or adjacent to any of the parks, including any park street, or the plaza or in the WFC at a time when there would be interference or operational difficulties caused by the occurrence simultaneously or at approximately the same time of such events;

(6) the proposed event will present a clear and present danger to the public health and safety;

(7) within the preceding four years, the applicant has been granted a permit or the equivalent with respect to any park, including any park street, or park of the City or State of New York and did, on that prior occasion, knowingly violate a material term or condition of the permit or equivalent, or any law, ordinance, statute or regulation relating to the use of the parks or any such other parks;

(8) there are substantially similar alternatives elsewhere in the parks, or the parks of the city of New York; or

(9) there are other areas reasonably available for such use in parks under the jurisdiction of the New York City Department of Parks and Recreation or the New York State Office of Parks, Recreation and Historic Preservation.

(e) Whenever a permit application is granted or denied, ParksCorp shall notify the applicant of its decision within 30 days prior to the requested date of the event if the application was filed more than 60 days prior to the request date, and if the application was filed less than 60 days prior to the requested date, ParksCorp shall notify the applicant of its decision as soon as is reasonably practicable. If the permit is denied, ParksCorp shall state in writing the paragraph of subdivision (d) of this section under which the permit was denied and where appropriate shall employ reasonable efforts to offer the applicant suitable alternative locations and/or times and/or dates for the proposed event. After a permit has been denied the applicant may appeal the determination within 10 days of receipt of notice of such determination by a written request to the designated permit appeals officer of ParksCorp who shall be a senior member of ParksCorp staff not directly involved with the permit application review process, who may reverse, affirm or modify the original determination, providing a written explanation of his findings.

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