Current through Register Vol. 46, No. 39, September 25, 2024
The activities and uses enumerated in this section shall
be absolutely prohibited on property under the jurisdiction, custody and
control of the office.
(a) Failure to
wear face coverings and prohibition on non-essential gatherings during the
COVID-19 state disaster emergency declared by Executive Order 202.
(1) Every person over the age of two, and who
can medically tolerate a face covering, shall wear an acceptable face covering
if they come within six feet of another person who is not a member of their
household. Acceptable face coverings for COVID-19 include but are not limited
to cloth-based face coverings and disposable masks that cover both the mouth
and nose.
(2) Any gathering of
people who are not members of the same household or family unit shall
constitute a non-essential gathering and is prohibited pursuant to Executive
Order 202.10, as extended by subsequent Executive Orders.
(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.
(f) Disorderly conduct. No
person shall do any of the following:
(1)
disobey a lawful order of any officer or employee of the office or the
directions of any sign erected by or at the direction of the office;
(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 so as to create an unreasonable noise or
disturbance;
(11) commit an act
which may result in injury to any person or damage 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;
and
(13) congregate with other
persons and refuse to comply with a lawful order to disburse.
(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 office.
(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 office. No liability shall attach to the State, 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.
(1) 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 10 years of age shall at all times be
under the supervision and control of a parent, guardian or responsible
custodian.
(2) Notwithstanding
paragraph (1) of this subdivision, within the twelfth park region minors under
six years of age only 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 commissioner shall be
permitted in those park regions where the approval of the regional park,
recreation and historic preservation commission has been given.
(m) No person shall introduce,
possess or use any machete or cutting tool other than an axe, hatchet or sheath
knife for the purpose of preparing wood for a cooking fire.
(n) Animals. No person shall introduce or
possess any animal except as otherwise provided in this Subchapter or in the
rules and regulations of a regional park, recreation and historic preservation
commission.
(o) All-terrain
vehicle.
(1) 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.
(2)
Notwithstanding the provisions of paragraph (1) of this subdivision, a
nonambulatory person who has been issued by the Department of Environmental
Conservation, according to the provisions of subdivision (2) of section 11-0931 of the Environmental
Conservation Law, a permit to possess a loaded firearm in or on a motor vehicle
may, pursuant to a permit issued by the commissioner, operate an all-terrain
vehicle on property under the jurisdiction of the office for the purposes of
hunting.
(i) Application for a permit to
operate an all-terrain vehicle for hunting shall be made in writing to the
commissioner and shall include a copy of the permit for loaded firearm in a
vehicle issued by the Department of Environmental Conservation.
(ii) A permit issued pursuant to this
subdivision shall be for a specified period and shall contain such terms and
conditions as the commissioner shall deem necessary to assure the safety and
protection of the general public, park resources and the permittee. Such terms
and conditions may include, but need not be limited to, the specific areas
designated for nonambulatory hunting and the types of vehicles
allowed.
(p)
Firearms and weapons.
(1) Notwithstanding the
provisions of paragraph (2) and (3) of this subdivision, 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, bow, crossbow, or any instrument or weapon the propelling force of
which is a spring, rubber or air or any ammunition or propellant therefor,
except pursuant to a permit issued according to part 372 of this Title.
(2) Any person employed by a
private security firm which has contracted with the office or with a lessee or
licensee of the office for services on property under the jurisdiction, custody
and control of the office shall be permitted, with the approval of the office,
to carry a firearm sup- plied by his or her employer in the course of his or
her employment on such property, provided that such person is licensed pursuant
to section 400.00 of the Penal Law and meets such
minimum qualifications as may be established by the commissioner. In addition,
any firm providing security services on lands under the jurisdiction of the
office shall provide public liability insurance, naming the State as an insured
party, in such amounts as the commissioner shall require.
(3) On certain facilities of the Office, to
be determined by the Commissioner, a person may possess an unloaded weapon for
the purpose of accessing adjacent properties for lawful hunting purposes. The
list of facilities shall be published on the Office's public website
(q) 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 office or bathe in other than a bathing suit safe and
suitable for such purpose.
(r)
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 commissioner; or
(2) when the use of personal flotation
devices at designated facilities is specifically authorized by the
commissioner. Only United States Coast Guard-approved personal flotation
devices shall be allowed.
(s) The use of property of the Niagara
Reservation, Whirlpool or Devil's Hole State Parks for the purpose of launching
a vessel or watercraft on the Niagara River or for the purpose of negotiating
the Niagara River by any means whatsoever.
(t) Swimming, diving, bathing or wading. No
person shall swim, dive, bathe or wade in any body of water, including a
swimming pool:
(1) where there is an open and
obvious danger that is likely to result in serious bodily injury or death;
or
(2) in a manner or location
that disobeys a lawful order of any officer or employee of the office or the
direction of any sign erected by or at the direction of the
office.
