N.Y. Comp. Codes R. & Regs. tit. 9 § 375.1

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

Section 375.1 - 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 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 375.1

Amended New York State Register March 23, 2016/Volume XXXVIII, Issue 12, eff. 3/23/2016

Amended New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff. 5/11/2016

Amended New York State Register May 17, 2017/Volume XXXIX, Issue 20, eff. 5/17/2017

Amended New York State Register September 9, 2020/Volume XLII, Issue 36, eff. 9/9/2020