Current through Register Vol. 46, No. 39, September 25, 2024
The following activities are prohibited on property under
the jurisdiction, custody and control of the office, except in areas
specifically designated therefor, during such hours or seasonal periods
specifically authorized and subject to such conditions as may be contained
herein or imposed by a region.
(a) The
throwing, striking, kicking or catching of any ball, horseshoe or other object
or the conduct of any game or athletic activity, or the use of any device or
equipment used in any such game or athletic activity.
(b) The engaging in toy or model boating or
automobiling.
(c) The use or riding
of saddle horses:
(1) No horse shall be left
unattended or in an unenclosed space without being securely fastened to a
device provided for such purpose.
(2) Saddle horses shall be used or ridden in
such a manner so as not to endanger the safety of the public or interfere with
the use and enjoyment of a park by others.
(d) The building, kindling, lighting or
maintaining of any fire. Fires may be built and maintained only in fireplaces,
grills or stoves suitable for cooking purposes, and no fire shall be started or
maintained unless under the constant supervision of a responsible
person.
(e) The use of a sled,
skis, skates or other vehicle, equipment or device used for the purpose of
moving over snow or ice on runners, wheels or other means.
(f) Roller skating and
skateboarding.
(h) Walking upon the frozen
surface of any body of water.
(i)
Use and operation of boats or watercraft.
(1)
As used in 377.1(i) and (j), the terms "boat or watercraft" mean any type of
motorized or non-motorized boat, vessel, sailbo at, sailboard, kiteboard,
paddleboard, inflatable watercraft or any other device capable of being used as
a means of transportation of persons or property on or through the water, and
the terms "use" and "operation" include, but are not limited to, launching,
beaching, docking, mooring or anchoring.
(2) No boat or watercraft shall be operated within a
bathing or surfing area. For the purposes of the ninth park region only, a
bathing or surfing area shall be deemed to include the water area adjacent to
and within 1,000 feet of any bathing beach or surfing area on the Atlantic
Ocean, Long Island Sound and the bays along the shores of Long
Island.
(3) No boat or watercraft shall be operated at a speed
greater than five miles per hour in any area designated as a boat basin or
anchorage area.
(4) No boat or watercraft shall be operated at a speed
greater than 12 miles per hour in those waters designated as the channel system
within the ninth park region.
(5) Within those
waters designated as the channel system within the ninth park region, no person
shall permit a boat or watercraft to be moored or anchored except at the edge
of a channel and in no case shall a boat or watercraft be moored to or anchored
within 50 feet of a channel marker or so as to interfere with the full use of
the channel.
(6) If any boat or watercraft shall burn, submerge or
become disabled, such boat or watercraft shall be removed immediately by its
owner or other person having custody thereof. If such boat or water craft is
not removed within 24 hours, the office may have it removed and charge the
owner or other person having custody thereof with any expense incurred in
relation thereto.
(7) No person shall operate a boat or watercraft
without having the exhaust from the engine run through a muffler so constructed
and used as to muffle the noise of exhaust in a reasonable manner.
(8) All inflatable boats or inflatable
watercraft must be multichambered and affixed with a manufacturer certification
label stating the boat or watercraft was built to USCG standards, ISO standard
6185, or in accordance with small craft standards of Transport
Canada.
(9) Use and operation of boats or watercraft in
Allegany State Park.
(i) Boats or watercraft
are permitted only in waters designated for boat or watercraft
operation.
(ii) The use of
motorized boats or watercraft is permitted in the Allegany Reservoir.
(iii) In the waters of Quaker Lake and Red
House Lake, motorized boats or watercraft utilizing electric motors of no more
than five horsepower are permitted.
(10) Inspection, removal and drainage of
potentially invasive species prior to launch and after retrieval. Prior to
launching and after retrieving a boat or watercraft in or from a waterbody at a
boat launch site, a fishing access site, or any other site from which a boat or
watercraft can be launched, the operator of the boat or watercraft shall:
(i) inspect the boat or watercraft for any
plant, aquatic life, animal, or parts thereof, which are visible, in, on, or
attached to any part, including livewells and bilges, the motor, rudder, anchor
or other appurtenants, any equipment or gear, or, the trailer or any other
device used to transport or launch the boat or watercraft that may come into
contact with the waterbody;
(ii)
remove any plant, aquatic life or animal, or parts there of, observed during
inspection and dispose of such material in designated receptacles provided at
the site; or, if no such receptacle is provided, dispose of such material at a
distance away from the waterbody and above any high water mark to avoid contact
of the material with the waterbody; and
(iii) drain all water from the boat or
watercraft, including bilge areas, livewells, bait wells and ballast tanks, at
a distance from the waterbody and above any high water mark to avoid contact of
the drainage with the waterbody.
(11) The provisions
of paragraph (10) of this subdivision shall not apply to:
(i) plants not otherwise defined in law or
regulation as invasive species affixed to or transported in a boat or
watercraft for use as camouflage for hunting or wildlife viewing
purposes;
(ii) bait, including
baitfish, legally used on a waterbody an d possessed consistent with all
applicable laws and regulations;
(iii) the use of plants or animals for
habitat restoration, weed control, scientific research, or other activity
approved by the office, consistent with all applicable laws and
regulations;
(iv) a dog or other
companion animal as defined in section 350 of the Agriculture and Markets Law;
or
(v) legally taken "game" and
"fish" as defined, respectively, in sections 11-0103 (2) and
11-0103 (1)(a) of the
Environmental Conservation Law.
(12) Nothwithstanding
paragraph (1) of this subdivision, the use of a paddleboard, windsurfing board
or sailboard may be permitted within an area specifically designated for such
activities, including a surfing area within the ninth park region. The use of a
personal flotation device is required when paddleboarding, windsurfing or
sailboarding.
(j) The
towing of persons on waterskis or aquaplanes; the use of a surfboard,
paddleboard, windsurfing board or sailboard. A surfboard must have securely
fastened to it a tether not exceeding eight feet in length, the free end of
which must be securely bound to either the ankle or waist of the surfer. A
personal flotation device must be worn at all times when using a paddleboard,
windsurfing board or sailboard, or as required by law when operating a boat or
watercraft.
(k) The use or
operation of a snowmobile as defined in subdivision 3 of section 21.05 of the
Parks, Recreation and Historic Preservation Law.
(1) Notwithstanding the foregoing provision,
the operation of a snowmobile during the period beginning one-half hour after
sunset and ending at sunrise or the holding of a special event for snowmobiles,
including but not limited to races and competitions, shall be permitted only
pursuant to a written permit issued by the commissioner.
(2) The operator of any snowmobile shall
carry liability insurance in an amount equal to that prescribed by law for such
operation on highways and carry evidence of same.
(3) No person shall operate a snowmobile in
any area where the snow cover is less than three inches.
(4) No person under 10 years of age may
operate a snowmobile on property under the jurisdiction, custody or control of
the office.
(5) No person under 16
years of age may operate a snowmobile without having received and in his
possession a snowmobile safety certificate issued by the commissioner or unless
such person is accompanied by a person at least 18 years of age.
(l) Golf. Engaging in the game of
golf or in practice therefor:
(1) golfers and
caddies must register before play;
(2) only registered golfers and their caddies
may enter upon a golf course or practice area or search for lost balls in
adjacent areas; and
(3) no person
shall commence play at other than designated starting tees.
(m) Taxis and limousines.
(1) Taxis and limousines shall be permitted
to pick up and discharge passengers, but shall not be permitted to cruise or
solicit passengers. The provision shall not apply to the use or operation of a
taxi or limousine in a parkway.
(2)
Notwithstanding paragraph (1) of this subdivision, within the Watkins Glen
State Park and within the fifth park region, taxis shall be permitted only
pursuant to a permit issued by the commissioner.
(n) Motorized two- and three-wheeled
vehicles. Motorized two- and three-wheeled vehicles may be operated on the
improved portion of park roads and other designated areas.
