Title 56: Department of Parks and Recreation

Chapter 1: Use of Parks

§ 1-01 Construction and Scope of Rules; Variances.

(a) Construction. These Rules shall be construed as follows:

   (1) any term in the singular includes the plural;

   (2) any term in the masculine includes the feminine and neuter;

   (3) any Rule or Regulation relating to any act covers: the causing, procuring, aiding or abetting, directly or indirectly, of that act; and allowing a minor child to do that act;

   (4) no provision herein shall make unlawful any act necessarily performed by any officer or employee of the Department in the line of duty or work, or by any person, his agents or employees, in the proper and necessary execution of the terms of any agreement with the Department;

   (5) these Rules are in addition to and supplement all municipal, state and federal laws and ordinances.

  1. Territorial scope. The Rules shall be effective within and upon all areas under the jurisdiction of the Commissioner, as defined in Chapter 21 of New York City Charter.
  2. Variance. Any act or activity prohibited solely by these Rules shall be lawful if performed in strict compliance with the terms and conditions of a variance issued by the Department. The Department may issue a variance where there are significant practical difficulties, or unnecessary hardships, not created or caused by the applicant, in the way of carrying out the Rules, or where the beauty and utility of property within the jurisdiction of the Department would be preserved by compliance with the terms and conditions of such variance.

§ 1-02 Definitions.

Authorized bathing beaches. “Authorized bathing beaches” are those beaches designated as such by the Department after approval by the New York State Department of Health or the New York City Department of Health and Mental Hygiene.

Bathing area. “Bathing area” means any area maintained for the use of bathers, including the water area and lands under water adjacent to and within one thousand feet of the authorized bathing beaches on the ocean, bays or rivers along the shores of New York City under the jurisdiction of the Commissioner.

Bicycle. “Bicycle” means every two- or three-wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children.

Boardwalk. “Boardwalk” means any waterfront promenade maintained for pedestrians.

Body board. “Body board” means (1) a semi-curved rectangular object made of closed-cell foam designed to be used lying down on the stomach (not for standing on); (2) that is no longer than 46” in length and 24” in width; and (3) that does not have rigid or semi-rigid attachments or protrusions that serve as rudders and are used to aid in steering. Such rudders may be commonly referred to as “skegs”.

City. “City” means the City of New York.

Commissioner. “Commissioner” means the Commissioner of the Department of Parks and Recreation or the chief executive officer of any successor agency.

Demonstration. “Demonstration” means a group activity including but not limited to, a meeting, assembly, protest, rally, march or vigil which involves the expression of views or grievances, involving more than 20 people or a group activity involving less than 20 people for which specific space is requested to be reserved.

Department. “Department” refers to the Department of Parks and Recreation of the City of New York or all successor agencies.

Event. “Event” refers to both Demonstrations and Special Events.

Expressive Matter. “Expressive matter” means materials or objects with expressive content, such as newspapers, books, or writings, or visual art such as paintings, prints, photography, sculpture, or entertainment.

Littering. “Littering” refers to the unauthorized disposal of refuse in an amount totaling less than one cubic yard.

Motor vehicle. “Motor vehicle” refers to any automobile, motorcycle, moped, or other vehicle propelled by a motor.

Owner. “Owner” refers to any person owning, operating, or having the use or control of an animal, a vehicle or any other personal property.

Park. “Park” signifies public parks, beaches, waters and land under water, pools, boardwalks, playgrounds, recreation centers and all other property, equipment, buildings and facilities now or hereafter under the jurisdiction, charge or control of the Department.

Park path. “Park path” means any road, path or trail through or within a park that is not used for vehicular traffic, except for possible use by emergency motor vehicles or Department motor vehicles, provided that it shall not include a path designated by the Commissioner as a bikepath.

Park road. “Park road” means any road through or within a park, and is used for vehicular traffic.

Park sign. “Park sign” means any placard, notice or sign duly posted or authorized by the Department.

Park-street. “Park-street” means the full width of all streets abutting any park.

Parks waters. “Parks waters” means waters in any park, pool, bathing area, tributary, brook, stream, ocean, or sewer or drain flowing into said waters that is under the Department’s jurisdiction.

Pedicab. “Pedicab” means a bicycle as defined in this section or other device that is designed and constructed to transport or carry passengers, that is solely propelled by human power, and that is operated to transport passengers for hire.

Permit. “Permit” unless otherwise specified, means any written authorization issued by or under the authority of the Commissioner for a specified privilege, permitting the performance of a specified act or acts in any park or on any park-street.

Person. “Person” means any natural person, corporation, society, organization, company, association, firm, partnership, or other entity.

Police officer. “Police officer” refers to any member of the Police Department of the City of New York and any other city employee who is a Special Patrolman appointed and sworn in by the Police Commissioner and assigned to the Commissioner.

Rules. “Rules” unless otherwise specified, refers to any Rule established pursuant to § 533(a) of Chapter 21 of the New York City Charter and promulgated in compliance with the notice, publication and filing requirements of Chapter 45 of the New York City Charter.

Sexual activity. “Sexual activity” means any activity by a person that reasonably appears to be intended to sexually arouse that person or another person, and in which such person exposes his or her buttock or genitalia, or the area of the female breast below the top of the areola.

Sound reproduction device. “Sound reproduction device” includes, but is not limited to, any radio receiver, phonograph, television receiver, amplified musical instrument, portable speaker, tape recorder, cassette or disc player, speaker device or system and any sound amplifier.

Special Event. “Special Event” means a group activity including, but not limited to, a performance, meeting, assembly, contest, exhibit, ceremony, parade, athletic competition, reading, or picnic involving more than 20 people or a group activity involving less than 20 people for which specific space is requested to be reserved.

Unlawful dumping. “Unlawful dumping” means suffering or permitting any dirt, sand, gravel, clay, loam, stone, rocks, rubble, building rubbish, sawdust, shavings or trade or household waste, refuse, ashes, manure, garbage, rubbish or debris of any sort or any other organic or inorganic material or thing or other offensive matter being transported in a dump truck or other vehicle or conveyance to be dumped, deposited or otherwise disposed of.

§ 1-03 General Provisions.

(a) Hours of operation.

   (1) Persons may enter and use the parks from 6:00 a.m. until 1:00 a.m. unless other open hours are posted at any park.

   (2) Whenever a threat to public health or safety exists in any park resulting from any natural cause, explosion, accident or any other cause, or by riot or unlawful assembly or activity, the Commissioner may close the park or any part thereof to the public for such duration as he deems necessary to ensure the safety and well-being of the public.

   (3) No person shall enter or remain in any park without the permission of the Commissioner when such park is closed to the public.

  1. Permits.

   (1) When any provision of these rules requires a permit as a condition to the performance of an act or activity, no such act or activity shall be implemented or commenced prior to the receipt of written authorization from the Commissioner or from his authorized representative.

   (2) A permit may be granted upon such terms and conditions as the Commissioner shall reasonably impose, and shall authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions thereof.

   (3) Permits shall be applied for on forms prepared and provided by the Department, which forms shall require such information as the Department may deem appropriate for the review and evaluation of the permit application. Procedures for issuance of special event and demonstration permits are governed by 56 RCNY § 2-08. The Commissioner may require a fee for the issuance of a permit.

   (4) The Commissioner may require the permittee to post a bond in an amount sufficient to ensure full compliance with the terms and conditions of the permit. The decision of whether to require a bond will be based on the following factors: (a) The location of the event and such location’s vulnerability to damage; (b) Whether the event or any activities associated with the event present a high risk of property damage; (c) The number of people expected to be in attendance; (d) The type of equipment to be brought onto the site; (e) The number of days the permittee will occupy the site; (f) The season in which the event will take place.

   (5) The Commissioner may require the permittee to obtain personal liability insurance for the event, naming the City of New York as an additional insured. The decision on whether to require insurance will be based on the following factors: (a)  Whether the special event or any activities included as part of the special event present a risk of personal injury or property damage; (b) Whether the special event involves the sale of food; (c) Whether the special event involves over 2,000 participants, or a large number of participants relative to the size of the site; (d) Whether the special event involves transportation and installation of heavy equipment, or the installation of a stage or other temporary structure.

   (6) No person shall conduct any activity for which a permit is required unless (a) such permit has been issued; (b) all terms and conditions of such permit have been or are being complied with; and (c) the permit is kept on hand at the event, so as to be available for inspection by Police or Department employees.

   (7) Failure to comply with the terms and conditions of any permit shall be a violation of these rules. If, upon expiration or termination of the permit, it is determined that a permittee has not complied with the terms and conditions of the permit, or has violated any law, ordinance, statute or rule, then the following rules shall apply:

      (i) any bond provided as security for a permittee’s performance with the Department shall be forfeited and retained by the City to the extent necessary to remedy, or compensate the City for, the damages caused by such acts, omissions, or violations;

      (ii) the permittee, together with his or her agents and employees who violated such terms and conditions or provisions of law, ordinance, statute or rule, shall be jointly and severally liable for any additional sum necessary to correct or compensate the City for such damages; and

      (iii) neither forfeiture of any security nor payment nor recovery for such damages shall in any way relieve the permittee of civil or criminal liability arising from the violation of any law, ordinance or rule.

  1. Failure to Comply with Directions of Police Officers, Urban Park Rangers, Parks Enforcement Patrol Officers, or Other Department Employees, or Park Signs. Violation of any paragraph of this subdivision shall subject the violator to a civil penalty, as specified in the Department’s penalty schedule. See 56 RCNY § 1-07. In addition, except as otherwise provided below, such violation shall also constitute an offense (classified as a “violation” under the Penal Law), which can be punished by imprisonment of up to one day or a fine of not more than $200. As specified in this subdivision, certain violations of specified paragraphs of this subdivision are classified by the Administrative Code as misdemeanors. Except as otherwise provided in this subdivision, a misdemeanor can be punished by imprisonment of up to 20 days or a fine of not more than $1,000. Note that other laws, including but not limited to the Penal Law, may also apply to the conduct described below.

   (1) No person shall fail, neglect or refuse to comply with the lawful direction or command of any member of the Police Department, peace officer, park supervisor or such person’s superior, lifeguard, or Department employee under the command of the Parks Enforcement Patrol Division. Violation of this paragraph constitutes a misdemeanor.

   (2) No person shall fail, neglect or refuse to comply with the lawful direction or command of any Department employee other than those listed in paragraph 1 of this subdivision.

   (3) No person shall fail to comply with or obey any instruction, direction, regulation, warning, or prohibition, written or printed, displayed or appearing on any park sign, except such sign may be disregarded upon order by a Police Officer or designated Department employee.

§ 1-04 Prohibited Uses.

Violation of any paragraph or subparagraph of this section shall subject the violator to a civil penalty, as specified in the Department’s penalty schedule. See 56 RCNY § 1-07. In addition, except as otherwise provided below, such violation shall also constitute an offense (classified as a “violation” under the Penal Law), which can be punished by imprisonment of up to one day or a fine of not more than $200. As specified in this section, certain violations of specified paragraphs or subparagraphs of this section are classified by the Administrative Code as misdemeanors. Except as otherwise provided in this section, a misdemeanor can be punished by imprisonment of up to 20 days or a fine of not more than $1,000. Note that other laws, including but not limited to the Penal Law, may also apply to the conduct described below.

  1.  Destruction or abuse of property and equipment.

   (1) No person shall destroy or abuse any public property under the charge and control of the Department in a manner that causes significant damage or expense. Significant damage or expense includes, but is not limited to, damage that will require the replacement of a Department attachment, fixture, piece of equipment, or structure; major landscaping or planting; construction; or excavation. Violation of this paragraph constitutes a misdemeanor punishable by not more than six months imprisonment or by a fine of not more than $15,000, or by both.

   (2) No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment owned by or under the jurisdiction or control of the Department.

  1. Destruction or abuse of trees, plants, flowers, shrubs and grass.

   (1) (i) No person shall cut, remove, or destroy any trees under the jurisdiction of the Department without permission of the Commissioner. Violation of this subparagraph constitutes a misdemeanor punishable by not more than six months imprisonment or by a fine of not more than $15,000, or by both. For purposes of this subparagraph, “destroy” shall include, but not be limited to, kill, carve, prune, or inflict other physical damage to the tree.

      (ii) No person shall deface or write upon any trees under the jurisdiction of the Department.

      (iii) No person shall deface, write upon, sever, mutilate, kill or remove from the ground any plants, flowers, shrubs or other vegetation under the jurisdiction of the Department without permission of the Commissioner.

   (2) No person shall go upon or allow any animal or child in his custody to go upon any newly-seeded lawn or grass plot.

   (3) No person shall go upon or allow any animal or child in his custody to go upon any area enclosed by fencing, temporary or permanent, where such fencing or signs posted thereon reasonably indicate that entry into such area is forbidden.

   (4) No person shall possess any tools commonly used for gardening, or any plant, tree, shrub or other vegetation, in any park except where such possession is specifically designated to be permissible by the Commissioner.

   (5) No person shall use a metal detector in any park, except in unvegetated beach areas. Use of metal detectors in other park areas will be permitted if the prior written consent of the Commissioner is obtained.

  1. Littering, polluting, dumping, and unattended property.

   (1) No person shall litter in any park. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse in any park receptacle.

   (2) No person shall throw, drop, allow to fall, discharge into or leave in, or otherwise introduce into Parks waters any substance, liquid or solid, gas, or other item which may or will result in the pollution of said waters. Violation of this paragraph constitutes a misdemeanor.

   (3) No person shall engage in dumping in any park. Violation of this paragraph constitutes a misdemeanor.

   (4) No person shall, within or adjacent to any park, store or leave unattended personal belongings.

  1. Prohibition on glass. Glass bottles or other glass containers are prohibited in parks. The Commissioner may, in his discretion, designate certain parks, or portions thereof, as areas wherein glass bottles or other glass containers will be permitted. Failure to comply with such prohibition on glass bottles or containers shall constitute a violation of these rules. This subdivision (d) shall not apply to glass bottles or containers used in the care and feeding of infant children.
  2. Aviation.

   (1) No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, hot air balloon, parachute, hang glider, or other aerial craft or device that endangers any person or property, except that certain areas may be designated appropriate landing places for medical evacuation helicopters. Violation of this paragraph constitutes a misdemeanor.

   (2) No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, hot air balloon, parachute, hang glider, or other aerial craft or device, except that certain areas may be designated appropriate landing places for medical evacuation helicopters.

   (3) For the purposes of this subdivision (e), voluntarily shall mean anything other than a forced landing caused by mechanical or structural failure of the aircraft or other aerial device.

  1. Explosives, firearms, and weapons.

   (1) No person shall bring into or have in his or her possession in any park, any firearms, slingshots, firecrackers, missile propelling instruments or explosives, including any substance, compound, or mixture having properties of such a character that alone or in combination with other substances, compounds or mixtures, propel missiles, explode or decompose to produce flames, combustion, noise, or noxious or dangerous odors. Violation of this paragraph constitutes a misdemeanor.

   (2) Paragraph (1) of this subdivision shall not apply to: a sworn member of the uniformed force of the Police Department, whether on or off-duty; persons in the military or other service of the United States who are in pursuit of official duty or duly authorized by federal law, regulation, or order to possess the relevant firearm or other item; persons in the military service of the state of New York when on duty and duly authorized by applicable regulations to possess the relevant firearm or other item; police officers as defined by subdivision 34 of Section 1.20 of the criminal procedure law, if not otherwise specified by this subdivision, when on duty; or peace officers as defined by Section 2.10 of the criminal procedure law, when on duty.

   (3) Paragraph (1) of this subdivision shall not be construed to prohibit the proper use of cigarette lighters, matches or of charcoal lighter fluid in proper containers in picnic grills where permissible, pursuant to the provisions of these rules.

  1. Abuse of park animals.

   (1) Except, pursuant to a permit for trapping issued by the Department, no person shall molest, chase, harass, injure, wound, trap, hunt, shoot, throw missiles at, kill or remove any animal, any nest, or the eggs of any amphibian, reptile or bird, or otherwise harm or intentionally take actions that could reasonably harm any animal, nest, or such eggs. Further, no person shall knowingly buy, receive, have in his or her possession, sell or give away any such animal or egg taken from or killed within the jurisdiction of the Department, including any zoo area. Violation of this paragraph constitutes a misdemeanor.

   (2) No person shall feed animals in any park (including any zoo area) except unconfined squirrels and birds, and where specifically authorized by the Commissioner. The Commissioner may also designate certain areas where all feeding of animals is prohibited. It shall be a violation of these rules to feed animals in any area where such feeding is prohibited.

  1. [Reserved.]
  2. Failure to control animals.

   (1) Except as specified in 56 RCNY § 1-05(s)(3) or in paragraph two of this subdivision, no person owning, possessing or controlling any animal shall cause or allow such animal to be unleashed or unrestrained in any park unless permitted by the Commissioner or authorized by law. No person owning, possessing or controlling any animal shall cause or allow such animal to be out of control in any park under any circumstances. Animals that are out of control may be seized and impounded. Violation of this paragraph constitutes a misdemeanor.

   (2) Properly licensed dogs, wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and City of New York and restrained by a leash or other restraint not exceeding six feet in length, may be brought into a park, except in no event shall dogs or other animals be allowed to enter any playground, zoo, swimming pool and swimming pool facility, bathing area and adjacent bathing beach (unless otherwise permitted by the Commissioner), bridle path (unless permitted therein by the Commissioner), fountain, ballfield, basketball court, handball court, tennis court, or other area prohibited by the Commissioner. Nothing in this paragraph shall be construed to prohibit persons with disabilities from bringing service animals into areas under the Department’s jurisdiction as authorized by Federal, State, or City law. Nothing herein shall prohibit horses from entering or being within a park as provided in 56 RCNY § 1-05(q).

   (3) Unless specifically prohibited herein or by the Department of Health and Mental Hygiene (“DOHMH”), properly licensed dogs wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and City of New York may be unleashed within a designated park or designated portions of a park from the park’s opening until 9:00 A.M. and from 9:00 P.M. until the park closes under the following conditions: (i) such dogs shall, except for being unleashed, be kept under the control of their owner and shall not at any time harass or injure any park patron and/or, harass, injure, damage, sever, mutilate, or kill any animal, tree, planting, flower, shrub or other vegetation; (ii) such dogs shall not at any time enter any playground, zoo, swimming pool and swimming pool facility, bathing area and adjacent bathing beach (unless otherwise permitted by the Commissioner), bridle path (unless permitted therein by the Commissioner), fountain, ballfield, basketball court, handball court, tennis court, or other area prohibited by the Commissioner; (iii) such dogs shall be immediately leashed by their owners upon any direction or command of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee or employee of the DOHMH, the refusal of which direction or command shall constitute a violation of 56 RCNY § 1-03(c); and (iv) owners of such dogs shall provide proof of current vaccination against rabies and proof of current licensing upon the request of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee or employee of the DOHMH, the refusal of which shall constitute a violation of 56 RCNY § 1-03(c), 56 RCNY § 1-05(s)(3) and of this subdivision.

  1. Control and removal of animal waste.

   (1) No person shall allow any dog in his custody or control to discharge any fecal matter in any park unless he promptly removes and disposes of same.

   (2) Anyone who drives a horse-drawn carriage into or within a park is required to equip it with horse hampers, horse diapers or some other similar manure catching device which is effective in preventing manure from being deposited on any park street, road or way.

  1. Urination and defecation in parks. No person shall urinate or defecate in any Park, or in or upon any park building, monument or structure, except in a facility which is specifically designed for such purpose.
  2. Disorderly behavior. No person shall engage in disorderly behavior in a park. Disorderly behavior includes violating the following rules:

   (1) No person, unless authorized to do so, shall knowingly enter or remain in a building or other structure, or upon real property, which is fenced, barricaded or otherwise enclosed in a manner designed to exclude or otherwise discourage entrance by any unauthorized individual, or shall enter or leave the jurisdiction of the Department except by designated entrance ways or exits. Violation of this paragraph constitutes a misdemeanor.

   (2) (i) No person shall climb upon any wall, fence, shelter, tree, shrub, fountain or other vegetation, or any structure or statue not specifically intended for climbing purposes.

      (ii) No person shall climb upon any statue or artwork not specifically intended for climbing purposes in a manner that damages or could reasonably damage such statue or artwork. Violation of this subparagraph constitutes a misdemeanor.

   (3) No person shall gain or attempt to gain admittance to Department facilities or structures for the use of which charge is made without paying such charge. Violation of this paragraph constitutes a misdemeanor.

   (4) No person shall engage in any form of gambling or game of chance for money.

   (5) (i) No person shall render dangerous any part of a park road. Violation of this paragraph constitutes a misdemeanor.

      (ii) No person shall render dangerous any part of a park.

      (iii) No person shall obstruct vehicular or pedestrian traffic.

   (6) No person shall engage in fighting or shall assault any person.

   (7) No person shall engage in any form of sexual activity.

   (8) No person shall engage in a course of conduct or commit acts that endanger the safety of others.

   (9) No person shall operate a bicycle, motor vehicle, or similar vehicle in a manner that endangers any other person or property. Violation of this paragraph constitutes a misdemeanor.

  1. [Reserved.]
  2. Unlawful exposure. No person shall appear in public in such a manner that one’s genitalia are unclothed or exposed. Violation of this subdivision constitutes a misdemeanor.
  3. Obstruction of sitting areas. No person shall use a bench or other sitting area so as to interfere with its use by other persons, including storing any materials thereon.
  4. Unlawful camping. No person shall engage in camping, or erect or maintain a tent, shelter, or camp in any park without a permit.
  5. Unlawful spitting. It shall be unlawful for any person to spit or expectorate in or upon any park building, monument or structure.
  6. Unhygienic use of fountains, pools, and water. No person shall use, or permit any animal under his or her control to use, any fountain, drinking fountain, pool, sprinklers, reservoir, lake or any other water contained in the park for the purpose of washing or cleaning himself or herself, his or her clothing or other personal belongings. This subdivision shall not apply to those areas within the parks which are specifically designated for personal hygiene purposes (i.e., bathroom, shower room, etc.), provided, however, that no person shall wash his or her clothes or personal belongings in such areas.
  7. Unlawful solicitation.

   (1) No person shall engage in any commercial activity or commercial speech in any park, except pursuant to a permit issued under 56 RCNY § 1-03(b) and/or 56 RCNY § 2-08. Violation of this paragraph constitutes a misdemeanor.

   (2) No person shall solicit money or other property from persons not known to such person in any park, unless such person possesses a permit for noncommercial solicitation issued by the Commissioner.

§ 1-05 Regulated Uses.

Violation of any paragraph or subparagraph of this section shall subject the violator to a civil penalty, as specified in the Department’s penalty schedule. See 56 RCNY § 1-07. In addition, except as otherwise provided below, such violation shall also constitute an offense (classified as a “violation” under the Penal Law), which can be punished by imprisonment of up to one day or a fine of not more than $200. As specified in this section, certain violations of specified paragraphs or subparagraphs of this section are classified by the Administrative Code as misdemeanors. Except as otherwise provided in this section, a misdemeanor can be punished by imprisonment of up to 20 days or a fine of not more than $1,000. Note that other laws, including but not limited to the Penal Law, may also apply to the conduct described below.

  1.  Assemblies, meetings, exhibitions.

   (1) No person shall hold or sponsor any event that significantly interferes with ordinary park use without a permit issued by the Department. Significant interference with ordinary park use includes but is not limited to: harming landscaping, planting, or structures in the park; preventing operations in a specialized area such as a zoo, swimming pool, or skating rink; precluding other events that have a valid permit; unreasonably interfering with enjoyment of the park by other uses. Violation of this paragraph constitutes a misdemeanor.

   (2) No person shall hold or sponsor any special event or demonstration without a permit issued by the Department.

   (3) No person shall erect any structure, stand, booth, platform, or exhibit in connection with any event without a permit issued by the Department. Violation of this paragraph constitutes a misdemeanor.

  1. Unlawful vending.

   (1) No person in or on any property under the jurisdiction of the Department shall sell, offer for sale, hire, lease or let anything whatsoever, including, but not limited to goods, services, or entertainment, or provide or offer to provide services, items, or entertainment in exchange for a donation (hereinafter “vend”), except under and within the terms of a permit, or except as otherwise provided by law. For the purposes of this entire section, persons who vend as defined herein may be referred to as “vendor” or “vendors.”

   (2) Persons may vend expressive matter, as defined in 56 RCNY § 1-02, on property under jurisdiction of the Department without a permit, but must comply with all applicable provisions of these rules. However, in the specific locations enumerated in paragraph (3) expressive matter vendors may only vend expressive matter at the specifically designated spots identified by the Commissioner in the accompanying maps and as marked by a Department decal, medallion, or other form of marking, on the specific location of the approved vending spot, unless they are only vending expressive matter without using a cart, display stand, or other device and without occupying a specific location for longer than necessary to conduct a transaction and are otherwise in compliance with Department rules. These spots shall be allocated upon a first come, first served basis except as otherwise provided by law and any expressive matter vendor may only vend expressive matter centered directly behind the Department decal, medallion, or other form of marking. Only one expressive matter vendor is authorized to vend directly behind the Department decal, medallion, or other form of marking. If multiple expressive matter vendors attempt to vend expressive matter at any one Department decal, medallion, or other form of marking and it cannot be determined which expressive matter vendor arrived first, then all such expressive matter vendors at such spot will be in violation of this section and may be directed to leave the area of that Department decal, medallion, or other form of marking immediately. Any such expressive matter vendor failing to leave the area of the Department decal, medallion, or other form of marking immediately upon direction will be in violation of these rules. Expressive matter vendors can only occupy the designated spots for the purpose of vending expressive matter and only during posted times, which will be consistent with the hours of operation for the park where such designated spots are located in or adjacent to. The designated spots may deviate from the restrictions enumerated in subparagraphs (i), (iv), (v), or (vi) of paragraph 5, if such spots are determined to be appropriate by the Commissioner given the specific features of the park.

   (3) Expressive matter vendors may not vend in the following general areas unless they vend at the specifically designated spots for such vending on the accompanying maps and in compliance with all other applicable Department rules:

      (i) Central Park at the following locations: (A) the perimeter of the park between East 85th Street and East 60th Street, including all sidewalks and plazas (B) the perimeter of the park between West 86th Street and West 60th Street, including all sidewalks and plazas (C) all of Central Park South, including all sidewalks and plazas (D) Wien Walk and Wallach Walk, (E) pedestrian pathways parallel to East Drive between Grand Army Plaza and the Center Drive, (F) Grand Army Plaza, (G) Pulitzer Plaza, and (H) Columbus Circle.

      (ii) Battery Park, including all perimeter sidewalks.

      (iii) Union Square Park, including all perimeter sidewalks.

      (iv) Elevated portions of High Line Park.

   (4) (i) No vendor in or on any property under the jurisdiction of the Department shall allow any item or items used or offered in conjunction with vending to touch, lean against or be affixed permanently or temporarily to any street or park furniture installed on public property or any rock formation, tree, shrub or other planting.

      (ii) No vendor shall block any person from using any street or park furniture installed on public property by way of the vending activity.

      (iii) No vendor shall vend anything in such a manner that would damage or otherwise injure Department property, including, but not limited to lawns, plants, animals or buildings.

      (iv) No vendor shall vend anything that is placed immediately on a sidewalk or park path, or on a blanket or board placed immediately upon such surface or on the top of a trash receptacle or cardboard box.

      (v) No vendor shall vend anything over any ventilation grill, cellar door, manhole, transformer vault or subway access grating.

      (vi) No vendor shall vend anything directly from any parked or double parked motor vehicle except for food vendors with appropriate Department and New York City Department of Health and Mental Hygiene permits.

      (vii) No vendor shall vend anything in an unsuitable location because the location is a specialized area including, but not limited to, a zoo, swimming pool, playground, athletic field or court, or skating rink;

   (5) No vendor shall vend anything whatsoever using a display stand that:

      (i) provides less than a twelve (12) foot wide clear pedestrian path measured from the display on the sidewalk or park path to the opposite edge of the sidewalk or park path, except that when there is street or park furniture on the pedestrian path the measurement must be taken from the display to two feet from the street or park furniture in order to determine whether there is less than a twelve (12) foot wide clear pedestrian path; (ii)  is placed on any other part of a sidewalk under the Department’s jurisdiction other than that which abuts the curb, unless otherwise authorized;

      (iii) is within any bus stop, carriage horse stand, pedicab stand, or taxi stand, or is within ten (10) feet of any subway entrance or exit;

      (iv) is within five (5) feet from any street or park furniture, public telephone, disabled access ramp, tree, or from individuals or entities authorized by permit or license by the Commissioner to operate at a specific location;

      (v) is within ten (10) feet from any crosswalk on any path or on any sidewalk under the jurisdiction of the Department;

      (vi) is placed within fifty (50) feet from any monument or other public art installation, including, but not limited to ornamental fountains;

      (vii) occupies more than eight (8) linear feet of public space parallel to the curb or park path;

      (viii) occupies more than three (3) linear feet in depth;

      (ix) is more than five (5) feet high or less than twenty-four (24) inches above the sidewalk or park path where the display surface is parallel to the sidewalk or park path, and may not be less than twelve (12) inches above the sidewalk or park path where the display surface is vertical;

      (x) where a rack or other display structure is placed on the top or above a table or other base, the size of the base is not less than the size of any rack or display structure placed thereon. Nothing shall be placed on the base so as to exceed the size limitations contained in this section;

      (xi) uses any areas other than that area immediately beneath the surface of the display stand for the storage of items for sale, unless permitted by Department license or permit for the use of a fixed location to store items for sale; or

      (xii) fails to use an opaque covering to shield any items stored beneath the surface of the display stand.

   (6) For the purposes of this section a display stand shall mean a movable, portable or collapsible structure, framework, device, container or other contrivance used by a vendor in any property under the jurisdiction of the Department for the purpose of displaying, keeping or storing any goods, wares, merchandise, foodstuffs or expressive matter.

   (7) For the purposes of this section, street or park furniture shall mean any City-installed, maintained or approved structure, including but not limited to, benches, newspaper boxes, tree guards, fire hydrants, trash receptacles, telephone kiosks, newsstands, bus shelters, barricades, bollards, traffic signs, traffic lights, walls, water fountains, or fences located in any property under the jurisdiction of the Department.

   (8) Where exigent circumstances exist and a Department employee or police officer gives notice to a vendor to move temporarily from any location such vendor shall not vend from such location. For the purposes of this section, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of any obstruction in the park, an accident, fire, or other emergency situation, a parade, special event, demonstration, construction project, maintenance operations, or other such event at or near such location, including periods of set up and take down for such exigent circumstances.

   (9) Violation of any paragraph of this subdivision constitutes a misdemeanor.

  1. Unlawful posting of notices or signs.

   (1) No person shall post, display, affix, construct or carry any placard, flag, banner, sign or model or display any such item by means of aircraft, kite, balloon or other aerial device, in, on, or above the surface of any park for any purpose whatsoever without a permit issued by the Commissioner. Each separate item placed in violation of this section shall constitute a separate violation.

   (2) Notwithstanding paragraph (1) of this subdivision (c), any person may carry any item described in paragraph (1) of this subdivision (c), without the aid of any aircraft, kite, balloon or other aerial device, where the space on which the message of such item is contained has a height no greater than two feet and a length no longer than three feet, and that such item takes up a total area of no more than six square feet.

   (3) Any person who posts or displays a sign upon park property, including the perimeters of any park, whether or not pursuant to a permit issued under this subdivision (c), shall be responsible for removal of such sign pursuant to the conditions in such permit, or immediately if no such permit has been issued. Failure to remove any sign that is posted or displayed on such property, or that remains on such property, other than in compliance with such permit, shall constitute a violation of these rules and regulations.

   (4) In the event that a notice or sign is, in violation of this subdivision (c), posted or displayed on any property, including the perimeters of any park, there shall be a rebuttable presumption that any person whose name, telephone number, or other identifying information appears on such notice or sign has violated this subdivision by either (i) pasting, posting, painting, printing or nailing such notice or sign, or (ii) directing, suffering or permitting a servant, agent, employee or other individual under such person’s control to engage in such activity; provided, however, that such rebuttable presumption shall not apply with respect to criminal prosecutions brought pursuant to this paragraph (4).

  1. Noise; sound reproduction devices; musical instruments.

   (1) No person shall make, or cause or allow to be made, unreasonable noise in any park so as to cause public inconvenience, annoyance or harm. Unreasonable noise means any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivity or injures or endangers the health or safety of a reasonable person of normal sensitivity, or which causes injury to plant or animal life, or damage to property or business.

   (2) No person shall play or operate any sound reproduction device, as defined in 56 RCNY § 1-02, in any park without a permit from the Department and any other City agency or agencies with pertinent jurisdiction. This paragraph (2) shall not apply to the regular and customary use of sound reproduction devices operated in full accordance with these rules so as not unreasonably to disturb other persons in their permitted uses of the park. In areas designated by the Commissioner as “quiet zones,” such regular and customary use of sound reproduction devices shall be prohibited. Signs shall be posted in all quiet zones advising the public of such prohibition. Use of radios and other sound reproduction devices listened to solely by headphones or earphones, and inaudible to others, is permitted in all areas of the parks. Violation of this paragraph constitutes a misdemeanor.

   (3) No person shall play or operate any musical instrument or drum, radio, tape recorder or other device for producing sound in any park between the hours of 10:00 P.M. and 8:00 A.M. except under the express terms of a permit issued by the Department. The Department may vary the hours specified in this paragraph in a particular park or area by posting signs advising the public of the restricted hours applicable to such park or area. Violation of this paragraph constitutes a misdemeanor.

   (4) No person shall play or operate any musical instrument or drum or cause any noise for advertising or commercial purposes except as authorized 56 RCNY § 1-05(b)(2) or under the express terms of a permit a issued by the Department. Violation of this paragraph constitutes a misdemeanor.

    1. Unauthorized commercial cinematic production. No person shall engage in filming or photography subject to the permit requirements of the Mayor’s Office of Media and Entertainment (“MOME”) or any successor agency except under the express terms of a permit issued by that office. Violation of this paragraph constitutes a misdemeanor.

   (2) Filming or photography not requiring a permit. Any person or entity engaging in filming or photography in a park, where such activity does not require a permit under the permit requirement rules of MOME, may engage in such activity without obtaining a permit from MOME. In addition, any person or entity engaging in filming or photography involving only the use of handheld devices (as defined in paragraph (3) of subdivision (a) of 43 RCNY § 9-02) that takes place in an area under the Department’s jurisdiction that is not a sidewalk, pathway, street, or walkway of a bridge need not obtain a MOME permit. Nothing herein shall be deemed to relieve such person or entity of the obligation to obtain a permit from the Department if such activity involves conduct otherwise requiring a permit, pursuant to any other rule of the Department.

  1. Alcoholic beverages.

   (1) Except where specifically permitted by the Commissioner, no person shall consume any alcoholic beverage in any park, playground, beach, swimming pool or other park property or facility, nor shall any person possess any alcoholic beverage with intent to consume or facilitate consumption by others of same in any park, playground, beach, swimming pool, or other park property or facility.

   (2) It shall be a violation of these rules for any person to appear in any park under the influence of alcohol, to the degree that he may endanger himself or herself, other persons or property, or unreasonably annoy persons in his or her vicinity.

  1. Beaches, boardwalks and pools.

   (1) Bathing in waters adjacent to property under the jurisdiction of the Department shall be permitted only at authorized bathing beaches and only during the bathing season designated by the Commissioner. The Commissioner may limit or expand the extent of bathing beaches or shorten or extend the bathing season with due regard for weather conditions and the safety of the public. It shall be a violation of these rules to bathe at any time in unauthorized areas.

   (2) Except where permitted by the Commissioner, no person shall bring into or use in any pool under the jurisdiction of the Department, artificial floats, masks, spears, fins, snorkels, air or gas tanks, or other apparatus used for skin or scuba diving. No person shall bring into or use in any other Parks waters, artificial floats, spears, fins, snorkels, air or gas tanks, or other apparatus used for scuba diving. Body boards, as defined in 56 RCNY § 1-02, are permitted at authorized bathing beaches at times when bathing is permitted. However, Department personnel may restrict the use of body boards based on site conditions, including but not limited to, rough water, overcrowding, and the nature of the location.

   (3) Except in locations designated for such purpose, no person shall engage in any athletic game or conduct himself in such a way upon a bathing beach or in the water as to jeopardize the safety of himself or others. Surfboards are allowed only at areas expressly designated for such use.

   (4) No person having, or apparently having any infectious disease shall be admitted to a bathing beach or bath house, or shall be permitted in the water.

   (5) No person shall change clothes except in bath houses or other authorized places. No person shall be nude at any bathing area, beach or pool under the jurisdiction of the Department.

   (6) No person shall disobey the reasonable direction of a lifeguard, nor shall any person carry on unnecessary conversation with a lifeguard, or falsely call for help or assistance, or stand, sit upon, or cling to lifeguard perches, or cling to or go into a lifeguard boat except in an emergency.

   (7) Persons using swimming pools under the jurisdiction of the Department may only do so if dressed in bathing suits, and only after showering at the park immediately prior to entering such pools.

   (8) Bathing and swimming in park swimming pools shall be allowed only when a lifeguard is on duty and on such days and at such times as are designated by the Commissioner and posted at each facility.

   (9) No person shall dive into water under the jurisdiction of the department except where specifically authorized by posted signs.

  1. Fishing.

   (1) Fishing shall be permitted from locations under the jurisdiction of the Department, except in open swimming areas or where specifically prohibited. Any person who engages in fishing shall obey all posted guidelines, and comply with all applicable City, State and Federal laws and regulations, including Title 6 of the New York State Environmental Conservation Law.

   (2) The use of lead fishing weights in waters under the jurisdiction of the Department shall be a violation of these rules.

   (3) Failure to remove fishing line fragments and hooks from land and waters under the jurisdiction of the Department shall be a violation of these rules.

   (4) All fish caught in fresh water areas shall be immediately released. The use of barbed hooks in such areas shall be a violation of these rules.

   (5) The use of traps to catch fish and/or crustaceans in areas under the jurisdiction of the Department shall be prohibited.

  1. Bicycling and operating pedicabs.

   (1) Any person bringing a bicycle or a pedicab into any park shall obey all park signs pertaining to the use of such bicycles or pedicabs. Only pedicabs that carry a registration plate as required by § 20-255 of the New York City Administrative Code and are operated by, or are authorized to be operated by, a pedicab business that possesses a valid pedicab business license, as defined by § 20-249 of the New York City Administrative Code, may be operated within property under the jurisdiction of the Department. Only a pedicab driver as defined by § 20-249 of the New York City Administrative Code who has a valid pedicab driver’s license as defined by § 20-249 of the New York City Administrative Code may operate a pedicab within property under the jurisdiction of the Department.

   (2) No bicycle or pedicab shall be ridden or otherwise operated in vegetated areas or on any bridle path, pedestrian way, park path, sitting or play area, playground, or in any other area so designated. Bicycles may be ridden and operated on park roads, bikepaths, and other areas specifically designated by the Commissioner. Pedicabs may only be operated on park roads designated by the Commissioner and may not be operated or stopped in (i) any recreation lane designated by the Commissioner for use by pedestrians or bicyclists; or (ii) any bikepath designated by the Commissioner.

   (3) No person shall operate a bicycle or a pedicab in a reckless manner. Any person operating a bicycle or pedicab shall operate it in the direction of traffic and obey all traffic lights and road signs. Persons operating pedicabs may not ride adjacent to another pedicab, bicycle or vehicle, except when using the left lane to pass another pedicab, bicycle or motor vehicle.

   (4) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped, except children may be carried in seats securely attached to a bicycle. No person riding a bicycle shall attach himself or herself or his/her bicycle to the outside of any vehicle being operated upon a roadway.

   (5) Any person operating a bicycle shall yield the right of way to pedestrians, in-line skaters, and horse drawn carriages. Any person operating a pedicab shall yield the right of way to pedestrians, bicyclists, in-line skaters, and horse drawn carriages.

   (6) On the park roads in Central Park, all pedicabs shall remain in the far right lane, except when passing another pedicab, bicycle, or vehicle, in which case the pedicab may use the next lane to the left to pass.

   (7) No person shall operate a pedicab adorned with commercial advertising in any park, or at any other location under the jurisdiction of the Department, unless the pedicab is on a park road during a time when private motor vehicles are allowed to operate on such park road.

   (8) No person operating a pedicab in any park, or at any other location under the jurisdiction of the Department, shall solicit, pick up or release passengers except at areas specifically designated by the Commissioner, subject to any limitation imposed by the Commissioner as to the number of pedicabs that may solicit, pick up or release passengers in such designated areas at any given time. Signs shall be posted informing the public of the designation of such areas for solicitation, pick up or release of pedicab passengers.

   (9) No person operating a pedicab shall occupy an area reserved solely for buses, taxicabs, horse drawn carriages or other vehicles or motor vehicles.

   (10) In addition to complying with the provisions of this subdivision (i) of 56 RCNY § 1-05, pedicab drivers shall operate pedicabs in compliance with the provisions of § 20-259 of the New York City Administrative Code.

   (11) If there are exceptional circumstances, the Commissioner, in consultation with the Commissioners of the Police, Transportation and Consumer Affairs Departments, shall be authorized, upon notice, to restrict or prohibit any pedicab driver, as defined by § 20-249 of the New York City Administrative Code, from operating his or her pedicab on any park road otherwise designated for pedicab use, for a consecutive period of time, not to exceed fourteen days, or on one or more particular days. For purposes of this paragraph, exceptional circumstances shall include, but not be limited to, unusually heavy pedestrian or bicycle traffic, existence of any obstructions on Department property, a parade, demonstration, special event, or other such similar event or occurrence at or near such location. Notwithstanding the preceding provisions of this paragraph, the Commissioner may restrict or prohibit the operation of pedicabs within property under the jurisdiction of the Department for periods of time in excess of fourteen days when such restrictions apply to bicycles or other types of vehicles.

  1. Boating.

   (1) No owner or operator of a boat, vessel or dinghy shall violate rules of the Department regulating the operation, docking, storage, maintenance or removal of such boat, vessel or dinghy, or the use or alteration of facilities connected with such activities, including, but not limited to, the provisions of Chapters 3 and 4 of these rules. Violation of this paragraph constitutes a misdemeanor.

   (2) No person shall land a boat of any kind other than a human-powered boat, such as a kayak, canoe, rowboat or pedal boat, on any park shore except at designated landing areas or in case of an emergency. No person shall operate a boat of any kind, including jet-skis, upon any Parks waters in a reckless manner so as to endanger the life, limb or reasonable comfort of his or her passengers or other persons. Boating in any authorized bathing area is prohibited. Violation of this paragraph constitutes a misdemeanor.

  1. Unlawful ice activity.

   (1) Ice skating is permitted at rinks maintained by the Department for such use, at such times, and subject to the rules and regulations prescribed and posted at each facility.

   (2) No person shall go upon the ice of any lake or pond in any park except at such places and at such times as may be designated by the Commissioner. Violation of this paragraph constitutes a misdemeanor.

  1. Planting. No tree, plant, flower, shrubbery or other vegetation shall be planted in any area under the jurisdiction of the Department without the Department’s written approval and any necessary approval from the Department of Transportation. Trees planted, pursuant to the Department’s approval shall become the property of the City after a guarantee period of one year has been satisfactorily completed.
  2. Unlawful fires.

   (1) No person shall kindle, build, maintain, or use a fire in any place, portable receptacle, or grill except in places provided by the Department and so designated by sign or by special permit. In no event shall open or ground camp fires be allowed in any park. Any fire authorized by this subdivision (m) shall be contained in a portable receptacle grill or other similar device, and continuously under the care and direction of a competent person over 18 years of age, from the time it is kindled until it is extinguished. No fire shall be within ten feet of any building, tree, or underbrush or beneath the branches of any tree. Violation of this paragraph constitutes a misdemeanor.

   (2) No person shall leave, throw away, drop, or toss any lighted match, cigar, or cigarette, hot coals, or other flammable material within, on, near, or against any tree, building, structure, boat, vehicle or enclosure, or in any open area. This paragraph shall not apply to extinguishing a cigar or cigarette on a paved surface. Violation of this paragraph constitutes a misdemeanor.

  1. Unlawful operation and parking of motor vehicles.

   (1) Motor vehicles may not be brought into or operated in any area of a park except on park roads or designated parking areas. Park roads may be closed to motor vehicles at such times and in such places designated by the Commissioner.

   (2) A person shall not park any motor vehicle in any park except in areas designated by the Commissioner for parking, and only during the hours of operation of such park.

   (3) No person shall use any area of a park, including designated parking areas, for the purpose of performing non-emergency automotive work, including, but not limited to, vehicle maintenance, repairs, or cleaning.

  1. Unauthorized construction on park property. No person shall perform or cause to be performed construction work of any kind or any work incidental thereto, including, but not limited to, construction staging, except, pursuant to a permit issued by the Department. Violation of this subdivision constitutes a misdemeanor.
  2. Unauthorized excavations. No person shall perform, cause, suffer, or allow to be performed any excavations or similar activity that significantly disrupts park property within or adjacent to any park property without a permit issued by the Department. Violation of this subdivision constitutes a misdemeanor.
  3. Horse riding.

   (1) No person may ride a horse in any park, except on bridle paths designated by the Department.

   (2) It shall be a violation of these rules to ride a horse into or within a park in a reckless manner; to allow the horse to be left unbridled or unattended; or to allow the horse to cause any damage to any tree, plant, flower, shrubbery or other vegetation under the jurisdiction of the Department.

  1. Area use restrictions.

   (1) No person shall throw, catch, kick or strike any baseball, football, basketball, soccer, golf or tennis ball, or similar object, nor shall any person engage in any sport or other athletic competition except in areas designated and maintained therefore. No such use will be allowed without a permit if the desired area has been allotted by permit issued, pursuant to the provisions of these rules.

   (2) No person shall engage in any toy or model aviation, model boating, model automobiling, or activity involving other similar devices except at such times and at such places designated or maintained for such purposes. Violation of this paragraph constitutes a misdemeanor.

   (3) (i) No person shall roller skate, ski, skateboard, sled or coast, or ride on any similar device outside areas designated and maintained for such use in a manner that endangers any other person or property. Violation of this subparagraph constitutes a misdemeanor.

      (ii) No person shall roller skate, ski, skateboard, sled or coast or ride on any similar device outside areas designated and maintained for such use.

  1. Exclusive areas. Areas within the parks designated by the Commissioner for exclusive use by means of posting signs shall include:

   (1) Exclusive children playgrounds: Adults allowed in playground areas only when accompanied by a child under the age of twelve (12). Violation of this paragraph constitutes a misdemeanor.

   (2) Exclusive senior citizens areas: Certain areas of any park may be set aside for citizens aged 65 and older, for their quiet enjoyment and safety.

   (3) Dog Runs: Certain fenced park areas may be designated by the Commissioner as dog runs, and persons owning or possessing dogs that are wearing a license tag and vaccinated against rabies, pursuant to the laws of the State of New York and City of New York are permitted to allow such animals to remain unleashed in these areas. Users of dog runs shall obey posted rules. Users of such dog runs shall provide proof of current vaccination against rabies and proof of current licensing upon the request of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee or employee of the DOHMH, the refusal of which shall constitute a violation of 56 RCNY § 1-03(c) and of this paragraph.

  1. Unlawful distribution of products and materials. No person shall engage in the non-commercial distribution of products and/or material (other than printed or similarly expressive material) without a permit issued by the Commissioner. A permit shall be issued only upon the Commissioner’s determination that said distribution will be conducted in a manner consistent with the public’s use and enjoyment of the park or facility in question. In making this determination, the Commissioner will consider the nature of the product or material, whether the product or material is compatible with customary park uses, whether the product or material is intended to be used in the park or facility, the age of the targeted audience for the product or material, and whether the area in the park or facility where the distribution will take place is appropriate for such distribution, considering, e.g., its proximity to areas designed for children, quiet zones or other areas designed for activities not compatible with such distribution. In connection with the foregoing, the Commissioner may consult with parental groups which are involved with the park or facility where a permit for distribution is requested. The Commissioner may also impose conditions upon the distribution of products and materials consistent with the concerns reflected by the factors listed above. Products and/or materials may be distributed only upon an indication of interest by the recipient, and only from a fixed location specified in the permit.
  2. In-line skates. No person shall use in-line skates in any park except for park drives or areas designated for such use by the Department, and at times designated for such use. No person shall use in-line skates in a reckless manner, or so as to endanger persons or property.

§ 1-06 Fees.

The Commissioner from time to time shall establish fees for use by the public of specialized park facilities. Fee schedules for such facilities shall be published and posted at the subject facility.

§ 1-07 Civil Penalties.

(a) Any violation of these rules shall subject the respondent to a civil penalty which may be recovered in a proceeding before the Office of Administrative Trials and Hearings, pursuant to § 1049-a of the Charter. Such proceedings will be commenced by the service of a civil summons returnable to the Office of Administrative Trials and Hearings in accordance with such section. The Office of Administrative Trials and Hearings may impose the penalties in the following table below for violations of the Department’s rules.
  1. In addition, except as otherwise provided below, violation of the rules of this chapter shall also constitute an offense (classified as a “violation” under the Penal Law), which may be punished in a separate court proceeding by imprisonment of up to one day or a fine of not more than $200. Violations marked with an asterisk are also misdemeanors prohibited by § 18-146 or § 18-147 of the New York City Administrative Code and are subject to additional penalties.
  2. “Default penalty” shall mean the penalty imposed by the Office of Administrative Tribunals and Hearings acting, pursuant to § 1049-a of the Charter of the City of New York in accordance with subparagraph (d) of paragraph one of subdivision d of § 1049-1 of such Charter.

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56 RCNY § 1-03(a)(3) Unauthorized presence in park when closed to public $50 $75
56 RCNY § 1-03(b)(6) Failure to have/display/comply with required permit $50 $75
56 RCNY § 1-03(c)(1)*;Admin. Code § 18-146(c)(1) Failure to comply with directives of police, park supervisor, lifeguard, peace officer $250 $375
56 RCNY § 1-03(c)(2) Failure to comply with directives of other Department employee $150 $225
56 RCNY § 1-03(c)(3) Failure to comply with directions/prohibitions on signs $50 $75
56 RCNY § 1-04(a)(1)*;Admin. Code § 18-147 Destruction or abuse of Department property that causes significant damage or expense $1,000 $1,500
56 RCNY § 1-04(a)(2) Injury, defacement, abuse, etc. of Department property $100 $150
56 RCNY § 1-04(b)(1)(i)*;Admin. Code § 18-147 Cutting, removal, or destruction of a tree $1,000 $1,125
56 RCNY § 1-04(b)(1)(ii) Defacement or writing upon a tree $200 $300
56 RCNY § 1-04(b)(1)(iii) Defacement, killing, etc. of vegetation $200 $300
56 RCNY § 1-04(b)(2) Walking on/permitting animal or child to walk on newly seeded grass $50 $75
56 RCNY § 1-04(b)(3) Walking/permitting animal or child to walk in fenced area $50 $ 75
56 RCNY § 1-04(b)(4) Unauthorized possession of gardening tool/plant $50 $75
56 RCNY § 1-04(b)(5) Unauthorized use of metal detector $50 $75
56 RCNY § 1-04(c)(1) Littering or unlawful use of park waste receptacle $50 $75
56 RCNY § 1-04(c)(2)*;Admin. Code § 18-146(c)(2) Polluting waters within park $250 $375
56 RCNY § 1-04(c)(3)*;Admin. Code § 18-146(c)(3) Unlawful dumping $1,000 $1,500
56 RCNY § 1-04(c)(4) Storing/leaving unattended personal belongings $50 $75
56 RCNY § 1-04(d) Possession of glass container $50 $75
56 RCNY § 1-04(e)(1)*;Admin. Code § 18-146(c)(4) Aviation – bringing/landing aerial device in park, endangering person or property $500 $725
56 RCNY § 1-04(f)(1)*;Admin. Code § 18-146(c)(5) Possession of a firearm/propellant/explosive etc. $500 $725
56 RCNY § 1-04(g)(1)*;Admin. Code § 18-146(c)(6) Harming animals, nests, or eggs; Possessing or distributing animals or eggs. $1,000 $1,500
56 RCNY § 1-04(g)(2) Unauthorized feeding of animals $50 $75
56 RCNY § 1-04(i)*;Admin. Code § 18-146(c)(7) Unleashed/uncontrolled animals in park $100 $150
56 RCNY § 1-04(i)*;Admin. Code § 18-146(c)(7) Unleashed/uncontrolled animals in park – second or subsequent violation within one year $250 $375
56 RCNY §§ 1-04(j)(1), 3-18(b) Failure to remove canine waste $100 $200
56 RCNY § 1-04(j)(2) Horse-carriage without horse hamper/control for horse waste $100 $150
56 RCNY § 1-04(k) Unlawful urination/defecation in park $50 $75
56 RCNY § 1-04(l)(1)*;Admin. Code § 18-146(c)(8) Disorderly behavior – unauthorized access/trespass $50 $75
56 RCNY § 1-04(l)(2)(i) Disorderly behavior – climbing $50 $75
56 RCNY § 1-04(l)(2)(ii)*;Admin. Code § 18-146(c)(10) Disorderly behavior – climbing statue or artwork in manner that could damage it $200 $300
56 RCNY § 1-04(l)(3)*;Admin. Code § 18-146(c)(9) Disorderly behavior – fee evasion $50 $75
56 RCNY § 1-04(l)(4) Disorderly behavior – gambling $50 $75
56 RCNY § 1-04(l)(5)(i)*;Admin. Code § 18-146(c)(11) Disorderly behavior – render road dangerous $100 $150
56 RCNY § 1-04(l)(5)(ii) Disorderly behavior – render park dangerous $50 $75
56 RCNY § 1-04(l)(6) Disorderly behavior – fighting/assault $150 $225
56 RCNY § 1-04(l)(7) Disorderly behavior – sexual activity $100 $150
56 RCNY § 1-04(l)(8) Disorderly behavior – endanger safety of others $250 $375
56 RCNY § 1-04(l)(9)*;Admin. Code § 18-146(c)(20) Disorderly behavior – operation of bike, motor vehicle, etc. that endangers safety of other person or property $500 $750
56 RCNY § 1-04(n)*;Admin. Code § 18-146(c)(12) Unlawful exposure $50 $75
56 RCNY § 1-04(o) Obstruction of benches, sitting areas $50 $75
56 RCNY § 1-04(p) Unauthorized camping $250 $375
56 RCNY § 1-04(q) Spitting on park building/monument/structure $50 $75
56 RCNY § 1-04(r) Unauthorized use of fountain/pool/water for personal/animal hygiene $50 $75
56 RCNY § 1-04(s)(1)*;Admin. Code § 18-146(c)(13) Unlawful commercial activity or speech $100 $150
56 RCNY § 1-04(s)(2) Soliciting money or property without permit $50 $75
56 RCNY § 1-05(a)(1)*;Admin. Code § 18-146(c)(14) Unpermitted event that significantly interferes with ordinary park use $ 500 $ 750
56 RCNY § 1-05(a)(2) Unpermitted special event/demonstration $250 $375
56 RCNY § 1-05(a)(3)*;Admin. Code § 18-146(c)(14) Structure/stand/booth etc. without permit $250 $375
56 RCNY § 1-05(b)*;Admin. Code § 18-146(c)(15) Unlawful vending $250 $375
56 RCNY § 1-05(b)(1)*;Admin. Code § 18-146(c)(15) Unlawful vending – second or subsequent violation within one year $500 $750
56 RCNY § 1-05(b)(2)*;Admin. Code § 18-146(c)(15) Unlawful vending of expressive matter in violation of Department rules $500 $750
56 RCNY § 1-05(c) Unlawful display of signs $50 $75
56 RCNY § 1-05(d)(1) Unreasonable noise $50 $75
56 RCNY § 1-05(d)(2)*;Admin. Code § 18-146(c)(17) Operating sound reproduction device without required permit $140 $210
56 RCNY § 1-05(d)(3)*;Admin. Code § 18-146(c)(16) Playing instrument/radio etc. during unauthorized hours $140 $210
56 RCNY § 1-05(d)(4)*;Admin. Code § 18-146(c)(18) Unauthorized music or noise for advertising/commercial purposes $500 $750
56 RCNY § 1-05(e)(1)*;Admin. Code § 18-146(c)(19) Commercial cinematic production without required permit $250 $375
56 RCNY § 1-05(f)(1) Unauthorized consumption/possession of alcoholic beverage $25 $25
56 RCNY § 1-05(f)(2) Appearing in park under the influence of alcohol, endangering self or others $50 $75
56 RCNY § 1-05(g) Failure to comply with beach/boardwalk/pool restrictions $50 $75
56 RCNY § 1-05(h) Failure to comply with fishing restrictions $50 $75
56 RCNY § 1-05(i) Failure to comply with bicycle riding and/or pedicab restrictions $50 $75
56 RCNY § 1-05(i)(1) Failure of pedicab or bike operator to comply with sign $150 $225
56 RCNY § 1-05(i)(1) Pedicabs operating without valid registration plate, valid pedicab business license, or valid pedicab driver’s license $250 $375
56 RCNY § 1-05(i)(8) Pedicab soliciting/picking up/releasing passenger outside designated areas $150 $225
56 RCNY § 1-05(j)*;Admin. Code § 18-146(c)(21) Failure to comply with boating restrictions $50 $75
56 RCNY § 1-05(k)(1) Failure to comply with ice skating restrictions $50 $75
56 RCNY § 1-05(k)(2)*;Admin. Code § 18-146(c)(25)(c) Going upon a frozen lake or pond without authorization $50 $75
56 RCNY § 1-05(l) Planting tree/flower/shrubbery/other vegetation without written approval $50 $75
56 RCNY § 1-05(m)(1)*;Admin. Code § 18-146(c)(22)(a) Failure to comply with fire restrictions $50 $75
56 RCNY § 1-05(m)(2)*;Admin. Code § 18-146(c)(22)(b) Unlawful disposal of flammable materials $50 $75
56 RCNY § 1-05(n) Unauthorized driving/parking/automotive work $50 $75
56 RCNY § 1-05(o)*;Admin. Code § 18-146(c)(23) Unauthorized construction/staging of materials $1,000 $1,500
56 RCNY § 1-05(p)*;Admin. Code § 18-146(c)(24) Unauthorized excavation $1,000 $1,500
56 RCNY § 1-05(q) Failure to comply with horse riding restrictions $50 $75
56 RCNY § 1-05(r)(1) Area use restrictions – sports in unauthorized area $50 $75
56 RCNY § 1-05(r)(2)*;Admin. Code § 18-146(c)(25)(a) Area use restrictions – unauthorized toy or model aviation, boating, automobiling, etc. $50 $75
56 RCNY § 1-05(r)(3)(i)*;Admin. Code § 18-146(c)(25)(b) Area use restrictions – unauthorized skating/skiing/skateboarding/sledding, etc. endangering person or property $200 $300
56 RCNY § 1-05(r)(3)(ii) Area use restrictions – unauthorized skating/skiing/skateboarding/sledding, etc. $50 $75
56 RCNY § 1-05(s)(1)*;Admin. Code § 18-146(c)(26) Failure to comply with exclusive children playground restriction $50 $75
56 RCNY § 1-05(s)(2) Failure to comply with exclusive senior citizen area restrictions $50 $75
56 RCNY § 1-05(s)(3) Failure to comply with dog run restrictions $50 $75
56 RCNY § 1-05(t) Unauthorized distribution/demonstration of products $100 $150
56 RCNY § 1-05(u) Failure to comply with in-line skating restrictions $50 $75
56 RCNY Chapter 3*;Admin. Code § 18-146(c)(21) Miscellaneous violations of rules regarding 79th Street Boat Basin, Sheepshead Bay Piers, World’s Fair Marina and any other Department marina not covered by a concession agreement $50 $75
56 RCNY §§ 3-05, 4-03*;Admin. Code § 18-146(c)(21) Interference with emergency vessel boarding $100 $150
56 RCNY §§ 3-06(a), 3-17, 4-04(a)*;Admin. Code § 18-146(c)(21) Failure to have/display/comply with required vessel permit $50 $75
56 RCNY §§ 3-08(a), 4-06(a)*;Admin. Code § 18-146(c)(21) Unlawful discharge onto docks/water/walkways etc. $250 $375
56 RCNY §§ 3-08(b), 4-06(b)*;Admin. Code § 18-146(c)(21) Unlawful use of composting toilet systems $250 $375
56 RCNY §§ 3-08(f), 4-06(f)*;Admin. Code § 18-146(c)(21) Unreasonable noise at boat basin, marina, piers, mooring fields $150 $225
56 RCNY § 3-10(a)*;Admin. Code § 18-146(c)(21) Improper maintenance of vessel or equipment $50 $75
56 RCNY § 3-10(b)*;Admin. Code § 18-146(c)(21) Unauthorized structural modification on vessel $500 $750
56 RCNY §§ 3-12, 4-10*;Admin. Code § 18-146(c)(21) Failure to possess proper safety equipment on vessel $50 $75
56 RCNY § 3-13(a)*;Admin. Code § 18-146(c)(21) Unauthorized interference with electrical supply at marina and boat basin $250 $375
56 RCNY §§ 3-15, 4-11*;Admin. Code § 18-146(c)(21) Failure to remove sunken vessel $500 $750
56 RCNY § 3-16(b)*;Admin. Code § 18-146(c)(21) Unauthorized storage of kayak or canoe $50 $75
56 RCNY §§ 3-20, 4-14*;Admin. Code § 18-146(c)(21) Unlawful use of slip or vessel $500 $750
56 RCNY Chapter 4*;Admin. Code § 18-146(c)(21) Miscellaneous violations of rules regarding mooring fields under the Department’s jurisdiction $50 $75
56 RCNY § 4-09*;Admin. Code § 18-146(c)(21) Excessive speed in mooring fields $50 $75
56 RCNY § 4-07(a), (b)*;Admin. Code § 18-146(c)(21) Mooring fails to meet requirements $50 $75
Admin.Code § 17-503(d)(3) Smoking in a park or other property under the jurisdiction of the Department of Parks and Recreation $50 $50
Admin. Code § 18-146(i)(1) Youth baseball league’s second or subsequent failure to comply with automated external defibrillator requirements $500 $500
Admin. Code § 18-146(i)(2) Youth baseball league’s failure to return automated external defibrillator to the Department in satisfactory condition $2,500 $2,500

~

§ 1-08 Severability.

If any of these Rules, or application thereof to any person or circumstances, is held invalid, the remainder of the Rules and application of such provision to other persons or circumstances shall remain in full force and effect.

Chapter 2: Permits and Fee Schedules

§ 2-01 Tennis.

Each tennis player must have a valid tennis permit to play on outdoor tennis courts under the jurisdiction of the Department between the first Saturday in April and Sunday before Thanksgiving.

  1. Tennis permits.

   (1) Tennis permits are available for purchase at the Arsenal and at locations in each of the five boroughs and on the Parks Department website.

   (2) Seasonal tennis permits are issued on an annual basis, and may be used for unlimited play during the tennis season for which they were issued in one-hour increments for singles play and two-hour increments for doubles play.

   (3) In the event a seasonal tennis permit is lost, a duplicate permit may be obtained for a fee pursuant to 56 RCNY § 2-09(a).

   (4) Seasonal tennis permits may not be transferred or resold.

   (5) A single-play tennis permit may be used during the tennis season in which it was purchased in lieu of a seasonal permit to play tennis for one hour on tennis courts under the jurisdiction of the Department.

  1. Reservations.

   (1) Online reservations:

      (i) All tennis permit holders may reserve tennis courts online at the Department’s website for all courts accepting reservations for a fee pursuant to 56 RCNY § 2-09(a).

   (2) Advance Reservation Tickets:

      (i) All tennis permit holders may reserve tennis courts at Central Park and Prospect Park using Advance Reservation Tickets for a fee pursuant to 56 RCNY § 2-09(a).

      (ii) Any tennis permit holder may reserve a tennis court in Central Park or Prospect Park by first purchasing an Advance Reservation Ticket at the Arsenal or at a designated location in each of the five boroughs, and then redeeming the Advance Reservation Ticket for a reservation either in person or by phone.

   (3) If a player is more than five minutes late for a reservation, the reservation is forfeited without compensation.

   (4) If a reserved court is closed due to rain or any other reason, reservations may be rescheduled during the tennis season.

  1. Use of tennis courts.

   (1) Outdoor tennis courts are open daily, weather permitting, except when under construction or repair, or when reserved for tournaments or special events.

   (2) Players must wear smooth-soled, heelless footwear on clay or composition courts. Suction soled shoes and running shoes are prohibited on all surfaces on Department tennis courts.

   (3) When an attendant is present, players must register with the attendant by presenting their tennis permits to the attendant. The tennis attendant will make court assignments.

   (4) A maximum of six (6) balls may be used on each court.

   (5) All disputes, including but not limited to disputes concerning court reservations, permit ownership, and suitability of court conditions for play, shall be settled by the tennis attendant.

   (6) Locker-room and shower privileges are not included with tennis permit privileges. Locker-rooms and showers in the Central Park Tennis Center may be used by individuals renting lockers for the fee listed in 56 RCNY § 2-09. Rentals are subject to the Central Park Tennis Center’s terms of rental and are valid for one tennis season.

   (7) Anyone who fails to comply with these rules or the instructions of the tennis attendant or other Parks employee will be ordered to leave the tennis courts. Failure to leave when ordered to do so shall be treated as a violation of § 103(c)(1).

   (8) Tennis hours may vary at individual sites. All players must comply with posted hours.

§ 2-02 Croquet.

(a)  Each player must be the holder of a permit.
  1. Permits are strictly personal and not transferable.
  2. A duplicate permit will not be issued unless another fee is paid.
  3. Croquet Fields, when not under repair or reserved for tournaments conducted by the Department of Parks and Recreation, are open daily, weather permitting.
  4. Permit holders are required to show their permits to the representative of the Department of Parks and Recreation upon request.
  5. Order of play is determined by order of arrival at Croquet Field.
  6. Players are required to furnish their own equipment.
  7. Rules of the game should be observed and courtesy extended to all permit holders.
  8. Violation of any of these Rules will result in the cancellation of Croquet Permits.

§ 2-03 Lawn Bowling.

(a)  Each player must be the holder of a permit.
  1. Permits are strictly personal and not transferable.
  2. A duplicate permit will not be issued unless another fee is paid.
  3. Bowling Greens, when not under repair or reserved for tournaments conducted by the Dept. of Parks and Recreation, are open daily, weather permitting.
  4. Permit holders are required to show their permits to the representative of the Dept. of Parks and Recreation upon request.
  5. Order of play is determined by order of arrival at Bowling Green.
  6. Players are required to furnish their own equipment.
  7. Rules of the game should be observed and courtesy extended to all permit holders.
  8. Violation of any of these Rules will result in the cancellation of Lawn Bowling Permits.

§ 2-04 Recreational Lockers.

(a)  Season Locker Permits are strictly personal and not transferable.
  1. Permit holders are required to show their permits to the representative of the N.Y.C. Department of Parks and Recreation upon request.
  2. Applicants for season locker privileges must state the name of the Tennis-House in which they desire accommodations.
  3. Only one person will be assigned to each locker.
  4. A permit holder may store his or her personal property in the locker.
  5. Lockers must be kept in a sanitary condition. The cooperation of the permit holder is requested.
  6. Lockers must be vacated at the close of the season, date of which will be posted in all Tennis-Houses and at the Department of Parks offices in the respective Boroughs.
  7. The Department of Parks and Recreation assumes no responsibility for loss of property.
  8. Violation of any of these Rules will result in the cancellation of Locker Permits.

§ 2-05 Model Yacht Storage.

(a)  Boats must be placed in locations in the boat-house assigned to the Permittee.
  1. Boats must be numbered to correspond with the number on the permit.
  2. The Department assumes no responsibility for the loss of any boat or property.
  3. All boats must be removed from the boat-house at the close of the season, the date of which will be posted in all boat-houses and at the Department office in the respective Boroughs.
  4. In the event of a Sail Boat Contest conducted by the Department, the permit holder may sail his or her boat only at the specified time.
  5. Only one permit is allowed to any one person.
  6. Sail boats exceeding 72 inches in length will not be permitted on the Conservatory Lake or in the Boathouse, Central Park.
  7. The use of power boats by adults is prohibited on Conservatory Lake, Central Park.
  8. Violation of any of these rules will result in the cancellation of the Model Yacht Storage Permit.

§ 2-06 Kayaks and Canoes.

(a)  A permit allows a permittee and his or her guests to use the City's access facilities for a kayak or canoe. A permittee may have more than one boat listed on his or her permit, but each kayak or canoe on the water must carry a permittee.
  1. The permittee is responsible for the safety of all those in his or her craft. Operation of the kayak or canoe under a permit is solely at the operator’s own risk.
  2. Permittees and guests should be strong, experienced swimmers. It is recommended that permittees be able to sustain themselves fully clothed for ten minutes in deep water; swim two body-lengths underwater at a depth of six feet; and tow a “victim” fifteen feet.
  3. Permittees must be familiar with and obey all federal, state and local boating rules and regulations.
  4. Permittees must be aware that environmental conditions such as rip tides and other strong currents can overwhelm even the most adept swimmers. They should know the water and weather conditions before going out.
  5. Because the waters can be polluted, boaters should avoid water contact to the greatest degree possible. Swimming, water skiing, windsurfing, scuba diving or practicing immersion escape techniques in the waters to which the launch site give access are prohibited.
  6. No wildlife or natural land features may be disturbed.
  7. Kayaks and/or canoes may be launched only at launch sites designated for this purpose. No person shall launch any boat or water vehicle that requires the use of a boat trailer or other such trailer for its land transportation. A person shall not launch a motor powered vessel, or use either an inboard or outboard motor on any vessel once underway. No person shall launch rafts or other inflatables, sailboats, rowboats, “wind surfers” or sailboats of any kind.
  8. All persons using a kayak or canoe must wear a Personal Flotation Device.
  9. No person launching a boat from a kayak and/or canoe launch may begin a boating trip before sunrise or complete a boating trip after sunset. The launch sites will be open from April 1 to December 1.
  10. No person shall enter a launch site, or operate or ride as a passenger in a canoe or kayak, under the influence of drugs or alcohol.
  11. No person shall use any boat-launching site or any adjacent waters within 100 feet from the shore of a launch area, including offshore and inshore approaches, for any purpose other than launching boats or removing boats from the water, unless a written permit is obtained from the department.

§ 2-07 Golf.

(a)  All golf courses under the jurisdiction of the Department are operated by concessionaires. Fees for use are set by the concessionaire, subject to the approval of the Department.
  1. Identification cards. Golf course operators are authorized to issue identification cards for discounts on greens fees in the following categories: New York City Resident, Senior, and Junior.
  2. Inclement Weather. Golf courses may be closed if there is lightning in the area, or if rain is heavy.
  3. Rain checks. In the event a golf course manager determines that a course is unplayable, rain checks may be issued. If four holes or less are completed, players will be issued rain checks for full credit. If between four and twelve holes are completed, players will be issued a credit for nine holes. If thirteen or more holes are completed, no credit will be given.
  4. Reservations. Reservations are accepted up to seven days in advance of the day of play. Players will be given their choice of tee time in the order of their registration.

   (1) Cancellation of weekday reservations. Players will receive a full refund if they cancel weekday reservations up to 24 hours in advance of scheduled play. If players cancel weekday reservations less than 24 hours in advance, players will forfeit reservation fees.

   (2) Cancellation of weekend/holiday reservations. Players will receive a rain check in an amount equal to the greens fees if they cancel weekend/holiday reservations up to 24 hours in advance, but will forfeit reservation fees. If players cancel weekend/holiday reservations less than 24 hours in advance, players will be charged for greens fees and reservation fees.

§ 2-08 Special Events and Demonstrations.

(a)  For purposes of this subdivision, the following terms shall have the following meanings:

   (1) Same date. “Same date” shall mean the same actual calendar date (numerical date and month) or the same day of the same week in a given month, as relevant. For example, “same date” shall encompass the date July 11 as well as the second Sunday in the month of July, as relevant.

   (2) Same location. “Same location” shall mean the location identified in the special event or demonstration permit or the special event or demonstration permit application.

  1. Applications.

   (1) Applications for special event permits must be received at least twenty-one days prior to the requested date for the special event.

   (2) Applications for demonstration permits must be received at least five days prior to the requested date for the demonstration. Notwithstanding this requirement, the department will accept all applications for demonstrations involving the expression of viewpoints on topical issues whenever submitted and process such applications as soon as it is feasible to do so, considering the magnitude of the event and the resources of the department.

   (3) Applications for special event and demonstration permits will be accepted beginning on the first Monday in November in the calendar year immediately preceding the calendar year for which such permits are sought.

   (4) Permit applications received between the first Monday in November and December 1 in the calendar year immediately preceding the calendar year for which such permits are sought will be processed as follows:

      (A) if two or more permit applicants request the same date and the same location, the application from the applicant who held a permit for such date and such location in the calendar year immediately preceding the calendar year for which such permit is now sought, shall be eligible for approval; provided, however, that if more than one of such applicants held a permit for such date and such location in the calendar year immediately preceding the calendar year for which such permit is now sought, the permit application from the applicant that was received first shall be eligible for approval.

      (B) if two or more permit applicants request the same date and the same location and none of these applicants held a permit for such date and such location in the calendar year immediately preceding the calendar year for which such permit is now sought, the permit application that was received first shall be eligible for approval.

   (5) All permit applications received after December 1 in the calendar year immediately preceding the calendar year for which the permit is sought will be processed on a “first come, first serve” basis.

   (6) The provisions contained in paragraphs (1) and (2) of this subdivision shall be subject to the following:

      (A) For permit applications received between the first Monday in November and December 1 in the calendar year immediately preceding the calendar year for which such permits are sought, the Department shall respond to the applicant no later than the third Monday in December of the calendar year immediately preceding the calendar year for which such permit is sought with one of the following responses:

         (i) written notification that the permit application has been denied and a statement of the reason or reasons pursuant to paragraph (c) of this subdivision for such denial;

         (ii) written notification that more information is needed before the Department can make a determination as to a particular permit application; or

         (iii) issuance of the permit.

      (B) For permit applications received after December 1 in the calendar year immediately preceding the calendar year for which such permits are sought, the Department shall respond to the applicant with one of the responses enumerated in clauses (i) through (iii) of subparagraph (A) of this paragraph in accordance with the following schedule:

         (i) for applications filed 45 days or more prior to the date for which such permit is sought, the Department shall respond no later than thirty days after the receipt of such applications;

         (ii) for applications filed less than 45 days but more than 15 days prior to the date for which such permit is sought, the Department shall respond no later than ten days after the receipt of such applications; or

         (iii) for applications filed 15 days or less prior to the date for which such permit is sought, the Department shall respond as soon as is reasonably practicable.

   (7) Applications for special event and demonstration permits for events to take place on the Great Lawn in Central Park must be received no less than two (2) or more than nine (9) months before the date of the proposed event. However, applications for a demonstration made less than two (2) months before the proposed event where exigent circumstances prevented timely application shall be still accepted, provided that the limitation on the number of events on the Great Lawn in subdivision (t) of this section has not already been reached. Applications must be submitted in writing either by mail or by completing the online form on the Department’s website and will be considered in the order in which they are received as shown by the postmark date and time or by the timestamp, respectively.

  1. Upon application, the Commissioner may deny a permit if:

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

   (2) the location sought is not suitable because it is a specialized area including, but not limited to, a zoo, swimming pool, or skating rink, or because the proposed event is of such nature or duration that it cannot reasonably be accommodated in that location;

   (3) the date and time requested have previously been allotted by permit;

   (4) within the preceding two years, the applicant has been granted a permit and did, on that prior occasion, knowingly violate a material term or condition of the permit, or any law, ordinance, statute or regulation relating to use of the parks;

   (5) the event would interfere unreasonably with the enjoyment of the park by other users; or

   (6) with respect to events on the Great Lawn, the conditions for events contained in subdivision (t) of this section are not complied with.

  1. If the permit has been denied pursuant to subdivision (c) of this section, the Department shall employ reasonable efforts to offer the applicant suitable alternative locations and/or times and/or dates for the proposed event.
  2. After a permit application is denied, the applicant may appeal the determination by written request filed with the designated appeals officer who may reverse, affirm, or modify the original determination and provide a written explanation of his or her finding.

   (1) If a permit application is denied more than 30 days prior to the proposed event, the applicant shall have 10 days from the date that such denial is mailed or otherwise delivered to the applicant to appeal such denial. The Department shall render a decision on such appeal within 10 days of receipt of such appeal.

   (2) If a permit application is denied more than 10 days and 30 days or less prior to the proposed event, the applicant shall have 5 days from the date such denial is mailed or otherwise delivered to the applicant to appeal such denial. The Department shall render a decision on such appeal within 5 days of receipt of such appeal.

   (3) If a permit application is denied 10 days or less prior to the proposed event, the applicant shall have 1 day from the date such denial is mailed or otherwise delivered to the applicant to appeal such denial. The Department shall render a decision on such appeal as soon as is reasonably practicable.

  1. Permittees are subject to the rules of the Department, the specific terms and conditions of the permit, and to all applicable City, State, and Federal laws.
  2. Permittees must have the permit in their possession at the time and site of the event, as well as any other permits for the event required by the Department or any other governmental agency.
  3. After notice and opportunity to be heard, the Commissioner may alter or add terms and conditions to a permit, or revoke a permit, based upon the criteria set forth in subdivision (c) of this section.
  4. If the Commissioner revokes a permit prior to the date of the event, the permittee may appeal the revocation, subject to the time limitations set forth in subdivision (e) of this section.
  5. Permittees must confine their activities to the locations and times specified on their permit. The Commissioner may establish specific guidelines for certain designated parks or park locations.
  6. During the course of an event, the Commissioner may suspend a permit where exigent circumstances exist in the vicinity of the location for which such permit has been issued.
  7. The granting of a permit does not give the permittee the right to sell or offer for sale any articles, tickets, or refreshments within or adjacent to any park area. To do this requires a separate Temporary Use Authorization issued by the Department.
  8. Permits are not transferable.
  9. If a permittee intends to drive vehicles (e.g., buses, cars, trucks, and vans) into a park for deliveries to an event site or for any other legitimate purpose, the permittee must obtain a separate written permit for each such vehicle, specifying the date, time, route, and parking privilege.
  10. Permit applications must indicate whether electrical energy is required for the event. Permittees shall be responsible for the procurement of and payment for any electrical energy used during the event.
  11. Permittees are responsible for cleaning and restoring the site after the event. The cost of any employee overtime incurred because of a permittee’s failure to clean and/or restore the site following the event will be borne by the permittee.
  12. Permittees shall be held liable for any and all damages or injuries to persons or property that may occur or be caused by the use of the permit. By accepting a permit, permittees agree to indemnify and hold harmless the City and the Department from any and all claims whatsoever that may result from such use.
  13. Should there be any injuries, accidents, or other health incidents at an event, permittee must notify the Department immediately by calling the Department’s hotline, 1-800-201-PARK.
  14. It shall be a violation of these rules to advertise the location of any event requiring a permit under these rules via posting, print media, radio, television, or the internet when the location is under the jurisdiction of the Department and the person who is responsible for placing the advertisement has been informed either that the Department does not intend to issue such permit, or that the Department has already issued another permit for that time and location. There shall be a rebuttable presumption that any person or organization whose name, telephone number or other identifying information appears on any advertisement and who has been informed of the Department’s intent to deny an application for such permit or of the Department’s issuance of another permit for that time and location has violated this subdivision by either (1) illegally advertising an event, or (2) directing, suffering, or permitting a servant, agent, employee or other individual under such person’s or organization’s control to engage in such activity; provided, however, that such rebuttable presumption shall not apply with respect to criminal prosecutions brought pursuant to this subdivision (s).
  15. The following conditions apply to applications for permits for special events and demonstrations on the Great Lawn:

   (1) In any calendar year there will be a maximum of seven permits granted for large events on the Great Lawn. For purposes of this subdivision, a large event is a special event or demonstration with anticipated attendance between 5,000 and 60,000 attendees, which requires the use of the ballfields on the Great Lawn, and for events with anticipated attendance of over 50,000, the use of the Turtle Pond lawn area and/or the small lawn panels on both the east and west sides of the ballfields on the Great Lawn. The number of attendees will be limited as follows: (i) no more than 50,000 attendees on the ballfields of the Great Lawn; (ii) no more than 5,000 attendees on the Turtle Pond lawn area; and (iii) no more than 5,000 attendees combined on the small lawn panels to the east and west of the ballfields on the Great Lawn.

   (2) Small events on the Great Lawn are not subject to the limitation contained in paragraph (1) of this subsection. For purposes of this subdivision, a small event is a special event or demonstration with anticipated attendance of less than 5,000 participants, which does not require the use of any of the Great Lawn ballfields during the hours that the Department permits the ballfields for athletic uses, and does not displace any athletic use on the Great Law. Small events are subject to paragraphs (5), (6), (7), and (8) of this subsection and permits for special events or demonstrations will not be granted for any ballfields when the ballfields are otherwise closed to all uses.

   (3) Attendance at large events may not exceed 60,000 persons.

   (4) Large events may take place only during the months of June and July, and during the period from the third week of August through the first day of October. A maximum of two events may take place during each of the following time periods: the month of June, the month of July, and the period from the third week of August through the second week of September. A maximum of one large-scale event may be held during the period between September 15th and October 1st.

   (5) Events on the Great Lawn are subject to cancellation by the Commissioner due to inclement weather and/or soil and turf conditions. Factors the Commissioner will take into consideration in determining whether to cancel an event shall include: (i) the possibility of lightning or other extreme weather condition; (ii) rainfall (including forecasted, current, or cumulative rainfall); (iii) soil saturation levels or other risks to turf health; and (iv) any other field conditions that might lead to significant damage to the Great Lawn or the surrounding landscapes.

   (6) The load-in plan for all events must be approved by the Commissioner in order to assure that (A) the flow of persons through park landscapes on appropriately designated paths for that purpose shall be orderly; and (B) the attendees will not damage adjacent landscapes. In addition, in the case of larger events, the load-in plan must be approved by the Commissioner to assure that maximum number of persons attending does not exceed 60,000 and is in compliance with area restrictions set forth in the last sentence of subdivision t (1) above. In approving an applicant’s load-in plan, the Commissioner shall take into consideration any evidence that the applicant has a proven track record of successfully executed event productions and audience management.

   (7) An applicant seeking to hold a large or small event shall post a bond in an amount sufficient to pay for any anticipated damage to the Great Lawn in connection with the scheduled event and made payable to the Department. The amount of the bond will be determined by the Commissioner based upon the following factors: (A) the length of the event; (B) the time of year of the event; (C) the nature of the event, including but not limited to, the type of equipment that will need to be brought onto the Great Lawn, the location of such equipment, and the use of any vehicles on the Great Lawn; (D) the number of people attending the event; (E) experience regarding any prior events of the same or a similar nature; and (F) whether the event or any activities associated with the event present a high risk of property damage. However, the Commissioner shall have the authority to waive the bond required by this subdivision where the applicant is able to demonstrate that such bond cannot be obtained without imposing an unreasonable hardship on the applicant. Any request for a waiver of the bond required by this subdivision shall be included by the applicant in their application submitted under this section. The burden of demonstrating unreasonable hardship shall be on the applicant and may be demonstrated by a showing that the cost of obtaining the bond for the event exceeds twenty-five percent (25%) of the applicant’s budget for the event. The budget for the event must include not only cash, but also the actual value of any materials and services to be used by the applicant for the event.

   (8) A written acknowledgment by the applicant stating, where applicable, how the applicant will comply with the foregoing provisions must be fully executed no less than 10 days prior to the scheduled event’s initial load in. However, for a special event application involving a demonstration that is made less than ten days before the proposed event, where exigent circumstances prevented timely application, the written acknowledgment must be executed as soon as practicable before the event’s initial load-in.

  1. The East Meadow in Central Park and the paved areas south of the Bethesda Terrace, including the Literary Walk and the Bandshell areas, are available for large special events or demonstrations. The Department will allow up to two (2) events per month that occupy the East Meadow for twenty-four hours or more. The time that an event occupies the East Meadow starts at the occurrence of the initial load-in of equipment and any other materials for the event and concludes when the load-out of the event, including the removal from the park of all equipment and any other materials for the event, is completed.
  2. The Sheep Meadow is reserved solely for passive recreation and the North Meadow and the Heckscher Ballfields are reserved solely for athletic events with permits and passive recreation. The Department does not grant any permits for special events or demonstrations on the Sheep Meadow, the North Meadow or the Heckscher Ballfields in Central Park.

§ 2-09 Fee Schedules.

(a) The Department will charge permit fees and other related fees in accordance with the tables below.

TENNIS PERMITS & FEES

Seasonal Adult Tennis Permit (18 to 61 years of age) $100.00
Seasonal Adult Tennis Permit (18 to 61 years of age) with valid IDNYC Card $90.00
Seasonal Senior Tennis Permit (62 years of age and above) $20.00
Seasonal Junior Tennis Permit (17 years of age and below) $10.00
Seasonal Adult and Senior Duplicate (to replace a lost Permit) $15.00
Seasonal Junior Duplicate (to replace a lost Permit) $6.00
Single Play Tennis Permit $15.00
Advance Reservation Ticket $15.00
Online Reservation $15.00
Central Park Tennis Locker $20.00

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ADDITIONAL RECREATIONAL PERMITS

Lawn Bowling Permit – Annual $30.00
Croquet Permit – Annual $30.00
Model Yacht Storage Fee – Annual $20.00
Boat Launch/Kayak/Canoe Permit – Annual $15.00
Summer Day Camp Pool Permit – Daily(for groups of 10 or more supervised individuals) $25.00 application fee plus $1.00 per individual in group
Special Event Permit Application Fee $ 25.00

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  1. The Department shall charge groups in which the majority of players are over the age of 18 for the use of fields and playing surfaces in accordance with the table below.

FIELDS AND PLAYING SURFACES

Field Lights(when used by groups 18 years of age & over) $25.00 per hour
Cricket, football, lacrosse, rugby, soccer and ultimate disc fields(when used by groups 18 years of age & over) $16.00 per hour
Baseball, softball and volleyball, Turf/Soft surface fields(when used by groups 18 years of age & over) $12.50 per hour
Baseball, softball, roller hockey, volleyball, and basketball hardtop playing surfaces(when used by groups 18 years of age & over) $8.00 per hour

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  1. The Department’s summer day camps shall charge fees in accordance with the table below.

SUMMER DAY CAMP

Regular Day Session (9:00 A.M. to 5:00 P.M.)Ages 6 - 13 $500.00 per child
Extended Day Session (8 A.M. to 6:00 P.M.)Ages 6 - 13 $575.00 per child

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  1. The Department will charge restaurants licensed to use boardwalk space in accordance with the table below.

USE OF BOARDWALK SPACE BY RESTAURANTS

Self-serve Restaurants $55.00 per linear foot
Table Service Restaurants $110.00 per linear foot

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  1. The Department shall charge for bid documents requested in relation to a capital project procurement in accordance with the table below. The Department will refund these fees if the documents are returned in good condition with the original transaction receipt within thirty days of the date on the receipt.

CAPITAL PROJECT BID DOCUMENTS

Bid document fewer than 100 pages $25.00
Bid document 100 pages or more $100.00

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(Amended City Record 2/10/2017, eff. 2/10/2017
; amended City Record 11/1/2017, eff. 12/1/2017 )

§ 2-10 Special Event Concessions.

(a)  For purposes of this section, the following terms shall have the following meanings:

   Athletic Charitable Events. “Athletic Charitable Events” shall mean recreational or sporting events that are directly associated with fundraising for an entity which is established as a not-for-profit corporation and which has been granted Federal tax-exempt status. The concession schedule does not apply to Athletic Charitable events under 500 people; however, these events are subject to the regulations set forth in 56 RCNY § 2-08.

   Athletic Non-Charitable Events. “Athletic Non-Charitable Events” shall mean those recreational or sporting events designed for public participation which are not directly associated with charitable fundraising for an entity which is established as a not-for-profit corporation and has been granted Federal tax-exempt status.

   Designated Area. “Designated Area” shall mean a specific and/or distinct section or area within the following Parks that can host a special event subject to this schedule without excluding other uses and events in other distinctive sections or areas of the same Park: Battery Park, Central Park, Prospect Park, Randall’s Island, Union Square, Carl Schurz Park, Inwood Hill Park, East River Park, Fort Tryon Park, Marcus Garvey, Morningside Park, Riverside Park, Van Cortlandt Park, Pelham Bay Park, Coney Island, Marine Park, Cunningham Park, Flushing Meadows Corona Park, Forest Park, Rockaway and South Beach. (For example, the North Plaza of Union Square Park, the East Meadow of Central Park, the Festival Grounds at Flushing Meadows Corona Park or the Parade Grounds at Van Cortlandt Park.) For all other Parks, designated areas shall mean the entire Park.

   Display Vehicles. “Display Vehicles” shall mean vehicles that are designed, decorated or detailed for event promotion, logo placement, product display and/or sampling of products and services. Mid-size vehicles are those vehicles with two axles. Oversize vehicles, trailers and buses are those vehicles with three or more axles or require a driver’s license other than a NYS Class D license.

   Event Time. “Event Time” shall mean the time between set-up and break-down of an event and applies to all events that require 18 or more hours.

   General Events. “General Events” include, but are not limited to, dance recitals, music, or other artistic or cultural performances, which involve over 500 people, are open to the public and otherwise do not constitute Promotional/Commercial events or Athletic Charitable/Non-charitable events as defined by this section. General Events with less than 500 people are only subject to the regulations set forth in 56 RCNY § 2-08.

   Inflatables. “Inflatables” shall mean balloons or displays that are expanded with air or gas and used for event promotion, logo placement, product display or recreational purposes. Blimps are not considered Inflatables for purposes of this section.

   Level A Parks. “Level A Parks” shall mean Father Duffy Square.

   Level B Parks. “Level B Parks” shall include the following Parks sites: Battery Park, Central Park, City Hall Park, Madison Square Park, Prospect Park, Randall’s Island and Union Square.

   Level C Parks. “Level C Parks” shall include the following Parks sites:

      (1) Manhattan: Bowling Green, Carl Schurz Park, Dag Hammarskjold Plaza, Damrosch Park, Dewitt Clinton Park, Inwood Hill Park, East River Park, Foley Square Park, Fort Tryon Park, Marcus Garvey, Morningside Park, Passannante Ballfield, Riverside Park, Holcombe Rucker Playground, Washington Square Park, West 4th Street.

      (2) Bronx: Harris Field, Van Cortlandt Park, Pelham Bay Park.

      (3) Brooklyn: Coney Island, Marine Park.

      (4) Queens: Cunningham Park, Flushing Meadows Corona Park, Forest Park, Rockaway Beach.

      (5) Staten Island: South Beach.

   Level D Parks. “Level D Parks” shall mean all other Parks sites not listed in Level A, Level B, Level C or explicitly excluded from the concession schedule in this section.

   Private Events. “Private Events” are those that restrict the general public’s access to a Parks site, by either physical barriers or by personnel, or events that are permitted to erect such barriers, or otherwise restrict the general public.

   Promotional/Commercial Events. “Promotional/Commercial Events” shall mean those events that seek to promote, advertise, or introduce a product, corporation, company or other commercial entity to either the general public or to a portion of the general public.

   Sampling. “Sampling” shall mean the direct distribution of a commercial product or service to the public for the purpose of promoting that product.

  1. A permit pursuant to 56 RCNY § 2-08 shall not issue until the permittee has paid the concession fee required by the Department under this section, unless otherwise exempted by this section. The Commissioner shall charge an applicant a concession fee in accordance with the following schedule. The concession fee shall be charged in addition to any bonding requirement imposed by the Commissioner pursuant to 56 RCNY § 1-03(b)(4) or any other amount or fee imposed by any other City agency or agencies.
Concession Fee Schedule        
Basic Event Fee Level A Parks Level B Parks Level C Parks Level D Parks
Promotional/Commercial, Private        
Under 25% of Designated Area N/A $12,000 $7,200 $2,400
25% - 50% of Designated Area N/A $20,000 $12,000 $4,000
Over 50% of Designated Area $35,000 $22,000 $13,200 $4,400
Athletic        
Athletic Non-Charitable Event        
Under 25% of Designated Area N/A $8,000 $4,800 $1,600
25% - 50% of Designated Area N/A $16,000 $9,600 $3,200
Over 50% of Designated Area N/A $18,000 $10,800 $3,600
Athletic Charitable Event        
Under 25% of Designated Area N/A $1,000 $600 $200
25% - 50% of Designated Area N/A $2,000 $1,200 $400
Over 50% of Designated Area N/A $3,000 $1,800 $600
General Event        
Under 25% of Designated Area N/A $3,000 $1,800 $600
25% - 50% of Designated Area N/A $11,000 $6,600 $2,200
Over 50% of Designated Area $18,200 $13,000 $7,800 $2,600
Subtotal:        
Fixed-Rate Charges* Level A Parks Level B Parks Level C Parks Level D Parks
Amplified Sound $2,100 $1,500 $900 $300
Sampling $2,100 $1,500 $900 $300
Tent        
801 sq. ft. - 6,400 sq. ft. $4,200 $3,000 $1,800 $600
6,401 sq. ft. - 10,000 sq. ft. N/A $6,400 $3,840 $1,280
10,001 sq. ft and Above N/A $10,000 $6,000 $2,000
Stage        
1,000 cubic ft. - 2,500 cubic ft. $2,100 $1,500 $900 $300
2,501 cubic ft. - 10,000 cubic ft. $7,000 $5,000 $3,000 $1,000
10,001 cubic ft. and Above $14,000 $10,000 $6,000 $2,000
Back Drop        
6 ft. - 20 ft. $7,000 $5,000 $3,000 $1,000
21 ft. and Over $14,000 $10,000 $6,000 $2,000
Inflatables**        
15 cubic feet - 50 cubic feet $7,000 $5,000 $3,000 $1,000
51 cubic feet - 100 cubic feet $14,000 $10,000 $6,000 $2,000
Display Vehicles***        
Mid-size $10,000 $7,500 $3,000 $1,000
Oversize/Trailers/Buses $12,500 $10,000 $7,500 $3,000
Event Time        
18 Hours - 48 Hours $7,000 $5,000 $3,000 $1,000
49 Hours - 96 Hours $14,000 $10,000 $6,000 $2,000
97 Hours - 168 Hours $28,000 $20,000 $12,000 $4,000
169 Hours and More   priced by negotiation    
Subtotal:        
Total:        

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***These fixed-rate charges are in addition to the basic event fee. ***A fee will be imposed for each individual Inflatable as defined by this section. ***A fee will be imposed for each individual Display Vehicle as defined by this section.

  1. This schedule does not apply to the following:

   (1) blimps;

   (2) sites covered by a license, lease or agreement with a third party;

   (3) Department facilities, such as recreation centers or Department administrative offices;

   (4) demonstrations, which are governed by the guidelines set forth in 56 RCNY § 2-08; or

   (5) concerts with 8,000 or more attendees. In determining the concession fee for such concerts, the following factors shall be taken into consideration:

      (i) the length of time, time of day and the time of year of the concert;

      (ii) the nature of use, including but not limited to, the location of the concert and such location’s vulnerability to damage, whether the concert or any activities associated with the concert present a high risk of property damage, the type of equipment to be brought into the Park and the displacement of any other Park uses caused by the concert or the concert’s set-up and take-down;

      (iii) the number of persons expected to attend the concert;

      (iv) whether the applicant will impose an admission charge or otherwise limit attendance, or whether attendance will be free and open to the public;

      (v) the size and type of the concert, including the size of the stage and other structures;

      (vi) the nature of the proposed Park site (e.g. Level A, Level B, Level C or Level D);

      (vii) the type and extent of public resources required to stage the concert; and

      (viii) except for hand-held signs, the size of each sign and the quantity of signs displayed in the Park in connection with the concert.

§ 2-11 Seizure of Vehicles Operated on Beaches Pursuant to Administrative Code § 18-108.1.

(a)  Seizure of vehicles. Pursuant to Administrative Code § 18-108.1, any motorcycle, all terrain vehicle, snowmobile, or motor vehicle which is operated by an unauthorized person on a beach that is under the Commissioner's jurisdiction may be seized by an authorized designee of the Commissioner or a member of the Police Department.
  1. Notice. At the time of such seizure, the operator will be given a written notice explaining the procedures for obtaining release of the vehicle. The notice shall include a brief description of the vehicle, the location where the vehicle may be claimed, and the applicable charges for removal and storage. If the operator is not the owner of the vehicle, notice to the operator is deemed to be notice to the owner, but if the vehicle is registered pursuant to the Vehicle and Traffic Law, the notice shall be mailed to the registered owner as well. If the operator is less than eighteen years old, the notice shall either be personally delivered to the operator’s parent or guardian or shall be mailed to the parent or guardian, if the name and address of that person is reasonably ascertainable.
  2. Procedure for obtaining release of vehicle.

   (1) A vehicle seized pursuant to Administrative Code § 18-108.1 shall not be released to the owner or other person lawfully entitled to possession unless:

      (i) the owner or operator submits documentation that he or she paid all applicable fines or penalties imposed for the violation, and pays all removal and storage charges as set forth below; or

      (ii) if there is a proceeding pending before a court or the Environmental Control board of the City of New York (ECB), the owner or operator posts a bond or other form of security in the amount of three thousand dollars ($3,000.00) which will secure the payment of such fines, penalties, and charges, or

      (iii) a court or the ECB adjudicates the violation and finds in favor of the operator or owner. If there is such a finding in favor of the operator or owner, any amount previously paid for release of the vehicle shall be refunded.

   (2) The owner of a vehicle seized pursuant to Administrative Code § 18-108.1 will be given the opportunity to receive a hearing before the ECB with respect to the seizure within five business days of the seizure, in accordance with its rules and procedures.

   (3) The owner or operator may request the release of the vehicle by appearing during regular business hours at the location where the vehicle may be claimed, and presenting all of the following documentation:

      (i) Current registration certificate if the vehicle is registered, or satisfactory proof of ownership if the vehicle is not registered; and

      (ii) Satisfactory government-issued photo identification of the person requesting the release of the vehicle; and

      (iii) If a representative of the owner is requesting the release, a notarized letter signed by the owner expressly authorizing the representative to claim the vehicle; and

      (iv) Satisfactory documentation as required by subdivision (c) (1) of this section of one of the following: the payment of all fines, penalties, and charges; or the posting of a bond; or an adjudication in favor of the operator or owner by a court or the ECB.

  1. Abandoned vehicles. Any vehicle seized pursuant to Administrative Code § 18-108.1, which is not released and removed from City property pursuant to subdivision (c) of this section within 10 days following the making of a request by the representative of the Commissioner or the Police Commissioner to remove it, shall be deemed to be an abandoned vehicle. Such request shall be sent by certified or registered mail, return receipt requested, to the registered owner of the vehicle, or if the vehicle is not registered, to the operator of the vehicle. If the operator is less than eighteen years old, the request shall be sent by certified or registered mail, return receipt requested, to the operator’s parent or guardian, if the name and address of that person is reasonably ascertainable. If the vehicle is deemed abandoned, it shall be disposed of in conformance with the procedures set forth in New York State Vehicle and Traffic Law § 1224, including but not limited to conversion for use by the Department.
  2. Removal and storage charges. The charge for removal of a vehicle pursuant to this section shall be twenty-five dollars ($25.00). The storage charge for storing a vehicle pursuant to this section shall be five dollars ($5.00) per day or fraction thereof, computed from the day the vehicle arrives at the storage facility. All charges must be paid in cash, by certified check, or by money order payable to the City of New York.

§ 2-12 Ballfield Permits.

(a) The following terms (as they are used in this section) will have the meanings listed below:

   “Adult League.” Adult Leagues are Adult Recreation sports leagues, including, but not limited to community based organization leagues, independent leagues, college leagues and corporate leagues.

   “Adult Recreation.” Adult Recreation refers to a category of applicants for and holders of permits for the use of ballfields or courts for athletic activity that are not within the category of Youth Recreation.

   “New Applicant.” New Applicant(s) are:

      (1) those applicant(s) that received permits for the previous year or season, and wish to apply for a different number of hours, or a different number of ballfields or courts at the same location for which a permit was held in the previous year or season;

      (2) applicant(s) who have never sought permits for the use of a particular ballfield or court before; or

      (3) Returning Applicant(s) who include new or additional requests in their permit application(s) are treated as New Applicant(s) for such new or additional permit requests.

   “Returning Applicant.” Returning Applicant(s) are those applicant(s) requesting the same number of hours, and number of ballfields or courts at a location as they received under permit(s) for the previous year or season.

   “Seasonal Applicant.” Seasonal Applicant(s) are all applicants who are not within the category of Short Term Permit Applicants.

   “Short Term Permit Applicant.” Short Term Applicant(s) are applicants that request permits to use ballfield(s) or court(s) for no more than four (4) days of athletic activity within a seven (7) day period. The request must not be connected with any other request for a ballfield or court permit during the same season.

   “Youth League.” Youth Leagues are Youth Recreation sports leagues, including, but not limited to high school leagues, little leagues, community based organization leagues, and unaffiliated leagues.

   “Youth Recreation.” Youth Recreation refers to a category of applicants for and holders of permits for athletic activity with participants who are all 17 years old or younger. Youth Recreation shall also include school recreation programs (grade school through high school athletic programs) regardless of the age of the participants.

    1. Permit Application Process. Any person who wishes to reserve a ballfield or court under the jurisdiction or management of the Department for basketball, handball, baseball, softball, cricket, roller hockey, volleyball, football, lacrosse, rugby, ultimate frisbee, soccer, or any other ballfield or court sport must obtain a written permit from the Department. Any person applying for a permit on behalf of a group or athletic league must indicate that they are doing so on the permit application. Only one (1) individual per group or athletic league may apply for a permit. Tennis permit regulations are separately addressed in 56 RCNY § 2-01.

   (2) The permit applicant must submit all applications to the Department’s borough permit office in the borough where the requested ballfield or court is located. Applications may be submitted via postal mail, through the Department’s website, or in-person or via facsimile (fax). Permit applications received by the borough permit office will be date and time stamped to acknowledge receipt. Applicants must apply separately to each borough permit office where they are seeking a ballfield or court.

   (3) In order to process applications in advance of the start date for each season, the Department has established seasonal application periods. Applications (for each of the respective periods) will not be accepted prior to the start date for a given application period. For the purpose of this section the seasonal application periods for the following seasons are:

Season Spring and Summer Season Fall Season Winter Season
Application Period November 15 through January 15 April 15 through June 15 September 15 through November 1

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   (4) For purposes of this section, the seasonal recreational periods are as follows:

Season Spring and Summer Season Fall Season Winter Season
Seasonal Recreational Period March 17 through August 31 September 1 through November 31 December 1 through March 16

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   (5) The Department reserves the right to determine appropriate recreational usage for each ballfield or court. Permits shall be issued for the use of individual ballfields or courts designed for a specific sport, (e.g., baseball or soccer) at any time during the year. Ballfields that are designed to host a variety of sports will be allocated as follows: during the spring/summer season priority will be given to applications for bat and ball sports such as baseball and softball and including but not limited to cricket, and during the fall/winter seasons priority will be given to sports played on rectangular ballfields, such as football and soccer. The Department may consider an out-of-season permit application for ballfields that are designed to host a variety of sports (e.g., baseball in the fall, soccer in the spring) provided there are not qualified applicants for the priority seasonal uses set forth above. Permit holders granted permits for out-of-season use will not be treated as a Returning Applicant should they apply the year following the issuance of an out-of-season permit. No grass ballfields will be available during the winter season.

   (6) Applications received (during the relevant application period) will be categorized by the following factors:

      (i) Youth or Adult Recreation

      (ii) Returning or New Applicants

      (iii) Short Term or Seasonal Applicants

   (7) For Applications received during the relevant application period, the Department will first consider Youth Recreation permit requests before any Adult Recreation permit requests. Youth Recreation applicants that are also Returning Applicant(s) and have fully complied with a) the terms and conditions of the previous season’s permits and b) all other Department rules and regulations, will be given preference to use the same dates and times allotted to them in the previous season. The Department will also consider the following factors when allocating Youth Recreation permits:

      (i) whether the applicant is part of a Youth League.

      (ii) whether the Youth League is part of an official school league.

      (iii) whether the Short Term Permit Applicant(s) can be accommodated before allocating permits for Seasonal Applicants.

      (iv) whether the Department can accommodate newly established Youth Leagues in order to equitably allocate ballfield and court usage as between newly established and Returning Applicant Youth Leagues.

      (v) Due to space limitations, the Department may reject permit requests from applicants that seek the reservation of ballfields or courts for practice sessions. Permits issued for practice sessions will not be treated as part of a Returning Applicant’s previous season’s permits for purposes of determining whether an applicant is a New Applicant or a Returning Applicant.

   (8) For applications received during the relevant application period, after the Department has accommodated the Youth Recreation applications, the Department will process Adult Recreation permit requests. Adult Recreation applicants that are also Returning Applicants and have 1) fully complied with the terms and conditions of the previous season’s permits and 2) all other Department rules and regulations, will be given preference to use to use the same dates and times allotted in the previous season. The Department will also consider the following factors:

      (i) whether the applicant is part of an Adult League.

      (ii) whether Short Term Permit Application(s) can be accommodated before allocating permits for Seasonal Applications.

      (iii) whether the Department can accommodate newly established Adult Leagues in order to equitably allocate ballfield usage as between newly established and Returning Applicant Adult Leagues.

      (iv) Due to space limitations, the Department may reject permit applications that seek the reservation of ballfields or courts for practice sessions. Permits issued for practice sessions will not be treated as part of a Returning Applicant’s previous season’s permits for purposes of determining whether an applicant is a New Applicant or a Returning Applicant.

   (9) Applications received after the relevant application period will be processed on a first come, first served basis, after all Applications received during the relevant application period are processed.

  1. Permit requirements and limitations.

   (1) The Department reserves the right to leave ballfield or court time unpermitted at various locations for other authorized uses, to accommodate Departmental use, for maintenance purposes, or to allow other unpermitted activity.

   (2) The Department reserves the right to move permit holders to another location if necessary as determined by the Department, or assign a permit applicant to a location other than the location(s) the applicant requested.

   (3) The Department reserves the right to cancel permitted ballfield or court activity due to inclement weather and/or conditions that can result in long-term damage to the ballfield or court.

   (4) This section does not apply to use of a ballfield or court that is subject to a license agreement to maintain and operate specified ballfields or courts during the times the licensee is authorized to use the ballfield or court.

   (5) The Department reserves the right to require a clean-up bond and/or liability insurance for the use of a ballfield or court, in which case the City shall be named as an additional insured. The factors considered by the Department to determine whether a bond or insurance are required for such event or game are: (i) estimated number of spectators expected to attend, (ii) involvement of vendors (where permitted by the Department), (iii) past history of the league or event, or (iv) such other factors as the Department may reasonably consider.

   (6) All permit holders must have their permit(s), and any other documents required by the Department or any other City agency, in their possession at the time and site of the proposed activity.

   (7) Any transfer of permit(s) requires the approval of the athletic permit coordinator of the borough in which the ballfields or courts are located. Once approved, the transfer must take place in the office of the Department staff responsible for issuing ballfield permits in the relevant borough with both transferor and transferee present. A permit may not be transferred in any other way.

   (8) All permits are revocable at any time and at the discretion of the Commissioner, or at the discretion of the Commissioner’s designated representative. Reasons for revocation include, but are not limited to: (i) providing incorrect or false information on an application form, (ii) failure to adhere to Department rules or the conditions of the permit, and (iii) the use, by adults, of a permit issued for a Youth League. The permit holder has the right to appeal the revocation of a permit to the Department’s General Counsel, within ten (10) days immediately following the mailing of notice of revocation by the Department. Said appeal must be in writing. The decision of the Department’s General Counsel shall be final.

   (9) The maximum number of reserved hours that any person or entity (other than a Youth League) holding a permit may have is 32 per week, except in parks where there are more than ten (10) ballfields available for permitted use. If the Department determines that ballfields or courts are in high demand, the Department may approve a permit application in part and reject it in part, granting the permit holder some fraction of the requested ballfield or court time and/or granting permits for alternate locations.

   (10) The Department may inspect any ballfield or court to determine if the permit holder is utilizing all of its permitted time. In the event that the Department determines the permit holder is not using all of the permitted time, the Department may reduce the amount of permitted time.

   (11) If the use of ballfields or courts constitutes a special event as outlined in 56 RCNY § 2-08, a special event permit shall be required in addition to the relevant ballfield permits. If the use of ballfields or courts involves vending as outlined in 56 RCNY § 1-05(b), vending permits shall be required in addition to the relevant ballfield permits.

§ 2-13 Membership Fees for Ocean Breeze Park Track and Field Athletic Complex.

(a) Definitions. For the purposes of this section, the following terms shall have the following meanings:

   Adult Athletic Complex Membership Fee. “Adult Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons between and including twenty-five (25) and sixty-one (61) years old, except for patrons who qualify for the Veteran Athletic Complex Membership Fee or the Person with Disability Athletic Complex Membership Fee. This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

   Adult Track & Field Practice Fee. “Adult Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons between and including twenty-five (25) and sixty-one (61) years old, except for patrons who qualify for the Veteran Track & Field Practice Fee or the Person with Disability Track & Field Practice Fee
.

   Child Athletic Complex Membership Fee. “Child Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons under eighteen (18) years old. This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

   Child Track & Field Practice Fee. “Child Practice Fee” means the Track & Field Practice Fee for all patrons under eighteen (18) years old.

   Indoor Track Season. “Indoor Track Season” means the time period from the second Tuesday of November to the third Thursday of March of each year when use of the Ocean Breeze Track & Field Athletic Complex is limited at certain times due to a Track & Field Session, and the Track & Field Area is limited at certain times to patrons who have paid the applicable Track & Field Practice Fee described in this section.

   Ocean Breeze Park Track & Field Athletic Complex. “Ocean Breeze Track & Field Athletic Complex” means the facility located at Ocean Breeze Park in Staten Island and under the jurisdiction of the Department, with a primary purpose of providing and/or hosting track and field-related recreational programming and events.

   Person with Disability Athletic Complex Membership Fee. “Person with Disability Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Park Track & Field Athletic Complex for all patrons who present government-issued photo identification along with one of the following documents when purchasing or renewing a membership:

      •   New York City Department of Transportation Parking Permit for People with Disabilities (PPPD);

      •   MTA Access-A-Ride ID card;

      •   MTA Reduced Fare ID card;

      •   Certification from the New York State Office of Mental Health that the patron is receiving services from a program it licenses, operates, certifies, or funds;

      •   Certification from the New York State Office for People with Developmental Disabilities that the patron is eligible to receive services from a program it licenses, operates, certifies, or funds;

      •   Certification from the New York State Commission for the Blind that the patron has a central visual acuity of 20/200 or less or limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees in the better eye with the use of a correcting lens; or

      •   New York State Parks Individual Access Pass.

This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes. Documents presented to the Department will not be retained after the applicant’s eligibility for the membership fee is determined.

   Senior Citizen Athletic Complex Membership Fee. “Senior Citizen Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons sixty-two (62) years old and over. This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes. Patrons must present government-issued photo identification to demonstrate eligibility for the Senior Citizen Athletic Complex Membership Fee.

   Senior Citizen Track & Field Practice Fee. “Senior Citizen Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons sixty-two (62) year old and over. Patrons must present government-issued photo identification to demonstrate eligibility for the Senior Citizen Track & Field Practice Fee.

   Track & Field Area. “Track & Field Area” means the portion of the Ocean Breeze Track & Field Athletic Complex’s second floor containing the running track and adjacent enclosed practice areas.

   Track & Field Practice Fee. “Track & Field Practice Fee” means the fee charged for use of the Track & Field Area during designated times during the Indoor Track Season.

   Track & Field Session. “Track & Field Session” means an athletic event with the exclusive use of the Ocean Breeze Track & Field Athletic Complex’s Track & Field Area, the ground-floor warm-up track and ground-floor multi-purpose rooms for an athletic event for one or a series of two-hour periods.

   Track & Field Session Fee. “Track & Field Session Fee” means the fee charged for a Track & Field Session. This fee is in addition to any fixed-rate charges, or any bonding or insurance requirements imposed by the Commissioner, or any other amount or fee imposed by any other City agency or agencies. In addition, a separate Temporary Use Authorization issued by the Department is required by the event-holder to sell or offer for sale any articles, tickets, or refreshments within or adjacent to the Ocean Breeze Park Athletic Complex.

   Veteran Athletic Complex Membership Fee. “Veteran Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for all patrons who present one of the following forms of documentation when purchasing or renewing a membership:

      •   New York City IDNYC with Veteran Designator;

      •   New York State DMV Driver’s License or Non-Driver ID with Veteran Designator;

      •   United States Uniformed Services Identification Card for Retired Personnel (DD-2 RET);

      •   U.S. Department of Veterans’ Affairs Veterans Hospital Identification Card (VHIC);

      •   Armed Forces of the United States Report of Transfer or Discharge (DD-214) with government-issued photo identification; or

      •   National Guard Bureau Report of Separation & Record of Service (NGB-22) with government-issued photo identification.

This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes.

   Veteran Track & Field Practice Fee. “Veteran Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons who present one of the following forms of documentation:

      •   New York City IDNYC with Veteran Designator;

      •   New York State DMV Driver’s License or Non-Driver ID with Veteran Designator;

      •   United States Uniformed Services Identification Card for Retired Personnel (DD-2 RET);

      •   U.S. Department of Veterans’ Affairs Veterans Hospital Identification Card (VHIC);

      •   Armed Forces of the United States Report of Transfer or Discharge (DD-214) with government-issued photo identification; or

      •   National Guard Bureau Report of Separation & Record of Service (NGB-22) with government-issued photo identification.

   Young Adult Athletic Complex Membership Fee. “Young Adult Athletic Complex Membership Fee” means the membership fee for use of the Ocean Breeze Track & Field Athletic Complex for patrons between and including eighteen (18) and twenty-four (24) years old. This membership fee does not include the Track & Field Practice Fee. Membership includes, but is not limited to, use of the Track & Field Area during designated times, fitness equipment, recreational programs, and group fitness classes. Patrons must present government-issued photo identification to demonstrate eligibility for the Young Adult Athletic Complex Membership Fee.

   Young Adult Track & Field Practice Fee. “Young Adult Track & Field Practice Fee” means the Track & Field Practice Fee for all patrons between and including eighteen (18) and twenty-four (24) year olds. Patrons must present government-issued photo identification to demonstrate eligibility for the Young Adult Track & Field Practice Fee.

  1. Ocean Breeze Track & Field Athletic Complex Membership Fees. The annual membership does not include Track & Field Session Fee or Track & Field Practice Fees.The Ocean Breeze Park Track & Field Athletic Complex member the following amount an annual membership fees are:
Child Athletic Complex Membership Fee Young Adult Athletic Complex Membership Fee Adult Athletic Complex Membership Fee Senior Citizen Athletic Complex Membership Fee Person with Disability Athletic Complex Membership Fee Veteran Athletic Complex Membership Fee
$0 $25 $100 $25 $25 $25

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  1. Track & Field Practice Fees. The Track & Field Practice Fees to use the Track & Field Area are:
Child Track & Field Practice Fee Young Adult Track & Field Practice Fee Adult Track & Field Practice Fee Senior Citizen Track & Field Practice Fee Person with Disability Track & Field Practice Fee Veteran Track & Field Practice Fee
$10 $50 $150 $25 $25 $25

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  1. Track & Field Session Fees. Track & Field Sessions are only available in two-hour increments, and a person may pay for multiple Track & Field Sessions to schedule an athletic event lasting longer than two hours. The Track & Field Session fees are:
Track & Field Session Fee
$1,350.00 per two-hour Track & Field Session

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Fixed-Rate Charges*  
Photo-timing $200.00 for each two-hour Track & Field Session
Event management software $250.00 for each event

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  • These fixed-rate charges are in addition to the Track & Field Session Fee.

§ 2-14 Recreation Center Membership Fees.

(a)  For purposes of this section, the following terms shall have the following meanings:

   Adult Membership Fee. “Adult Membership Fee” means the membership fee for use of recreation centers for all patrons between and including 25 and 61 years of age, except for patrons who qualify for the Veteran Membership Fee or the Person with Disability Membership Fee. This membership fee does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

   Adult Membership Fee (with valid IDNYC Card). “Adult Membership Fee (with valid IDNYC Card)” means the membership fee for use of recreation centers for all patrons who present a valid IDNYC Card when purchasing or renewing a membership and who are between and including 25 and 61 years of age, except for patrons who otherwise qualify for the Senior Citizen Membership Fee, the Veteran Membership Fee, or the Person with Disability Membership Fee. This membership does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

   Child Membership Fee. “Child Membership Fee” means the membership fee for use of recreation centers for all patrons under 18 years of age. This membership does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

   Person with Disability Membership Fee. “Person with Disability Membership Fee” means the membership fee for use of recreation centers for all patrons who present government-issued photo identification along with one of the following documents when purchasing or renewing a membership:

      •   New York City Department of Transportation Parking Permit for People with Disabilities (PPPD);

      •   MTA Access-A-Ride ID card;

      •   MTA Reduced Fare ID card;

      •   Certification from the New York State Office of Mental Health that the patron is receiving services from a program it licenses, operates, certifies, or funds;

      •   Certification from the New York State Office for People with Developmental Disabilities that the patron is eligible to receive services from a program it licenses, operates, certifies, or funds;

      •   Certification from the New York State Commission for the Blind that the patron has a central visual acuity of 20/200 or less or limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees in the better eye with the use of a correcting lens; or

      •   New York State Parks Individual Access Pass.

This membership does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers. Documents presented to the Department will not be retained after the applicant’s eligibility for the membership fee is determined.

   Recreation Center. “Recreation Center” shall mean a building or structure located within property under the jurisdiction of the Department, with the primary purpose of providing recreational programming and other community activities.

   Recreation Center with Indoor Pool. “Recreation Center With Indoor Pool” shall include all recreation centers with indoor pools, including, but not limited to the following recreation centers: St. Mary’s Recreation Center, Brownsville Recreation Center, Metropolitan Pool Recreation Center, St. John’s Recreation Center, Asser Levy Recreation Center, Hansborough Recreation Center, Recreation Center 54, Gertrude Ederle Recreation Center, Tony Dapolito Recreation Center, Flushing Meadows-Corona Park Aquatic Center, Chelsea Recreation Center, and Roy Wilkins Recreation Center.

   Recreation Center without Indoor Pool. “Recreation Center Without Indoor Pool” shall include all recreation centers without indoor pools, including, but not limited to the following recreation centers: Fort Hamilton Recreation Center, Greenbelt Recreation Center, Highbridge Recreation Center, Hunts Point Recreation Center, Hamilton Fish Recreation Center, Thomas Jefferson Recreation Center, Herbert Von King Recreation Center, Sunset Recreation Center, Red Hook Recreation Center, J. Hood Wright Recreation Center, Jackie Robinson Recreation Center, Alfred E. Smith Recreation Center, Pelham Fritz Recreation Center, Lost Battalion Hall Recreation Center, Sorrentino Recreation Center, Williamsbridge Oval Recreation Center, St. James Recreation Center, Faber Recreation Center, Lyons Recreation Center, Al Oerter Recreation Center, Owen Dolen Recreation Center, and West Bronx Recreation Center.

   Senior Citizen Membership Fee. “Senior Citizen Membership Fee” means the membership fee for use of recreation centers for all patrons 62 years of age and over. This membership fee does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers. Patrons must present government-issued photo identification to demonstrate eligibility for the Senior Citizen Membership Fee.

   Session Fees. “Session Fees” shall mean all fees associated with specific instructor-led courses including, but not limited to the following activities: aerobic classes, martial arts instruction, music lessons, and yoga classes.

   Veteran Membership Fee. “Veteran Membership Fee” means the membership fee for use of recreation centers for all patrons who present one of the following forms of documentation when purchasing or renewing a membership:

      •   New York City IDNYC with Veteran Designator;

      •   New York State DMV Driver’s License or Non-Driver ID with Veteran Designator;

      •   United States Uniformed Services Identification Card for Retired Personnel (DD-2 RET);

      •   U.S. Department of Veterans’ Affairs Veterans Hospital Identification Card (VHIC);

      •   Armed Forces of the United States Report of Transfer or Discharge (DD-214) with government-issued photo identification; or

      •   National Guard Bureau Report of Separation & Record of Service (NGB-22) with government-issued photo identification.

This membership does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers.

   Young Adult Membership Fee. “Young Adult Membership Fee” means the membership fee for use of recreation centers for all patrons between and including 18 and 24 years of age. This membership fee does not include session fees. Membership includes, but is not limited to, use of fitness equipment, indoor pools and computer resource centers. Patrons must present government-issued photo identification to demonstrate eligibility for the Young Adult Membership Fee.

  1. No person shall use any recreation center and/or participate in activities requiring the payment of a session fee as defined in this section unless such person has paid the applicable annual membership fee set forth in subdivision (c) of this section in addition to any applicable session fees.
  2. Recreation Center Membership Fee Schedules. The Commissioner shall charge a recreation center member subject to these provisions the amount set forth in the following schedule for an annual membership. Such annual membership does not include session fees.
Type of Recreation Center Child Membership Fee Young Adult Membership Fee Adult Membership Fee Adult Membership Fee (with valid IDNYC Card) Veteran Membership Fee Person with Disability Membership Fee Senior Citizen Membership Fee
Recreation Center with Indoor Pool $0 $25 $150 $135 $25 $25 $25
Recreation Center without Indoor Pool $0 $25 $100 $90 $25 $25 $25

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    1. Session fees will be set pursuant to the following schedule:
Type of Recreation Center Session Fee(Maximum)
Recreation Center with Indoor Pool $10 - $100
Recreation Center without Indoor Pool $10 - $100

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   (2) Factors for determination of session fees. In determining the amount of the session fees pursuant to the schedule above, the following factors shall be taken into consideration:

      (i) the length of the course

      (ii) the number of scheduled classes

      (iii) the skill required for the instructor

      (iv) the expected number of participants

      (v) such other information as the Commissioner shall deem relevant.

§ 2-15 Urban Park Ranger Programs.

(a) Urban Park Rangers provide programs on environmental education, outdoor recreation, wildlife management, and active conservation, including:

   (1) Weekend Adventure: offered to the public year-round at no cost to participants;

   (2) Natural Classroom: offered to schools, youth groups and other organizations for a fee pursuant to 56 RCNY § 2-15(d) below;

   (3) Custom Adventures: day and overnight programs offered to camps and other youth groups for a fee pursuant to 56 RCNY § 2-15(d) below; and

   (4) Adventure Course: offered to groups of all ages on the low- and high-ropes course at Alley Pond Park for a fee pursuant to 56 RCNY § 2-15(d) below.

  1. The Urban Park Rangers may cancel a program for the following reasons:

   (1) Inclement or severe weather, including but not limited to heavy rain, hail, thunder, lightning, high wind, or other unforeseen conditions that may render the program unsafe. If the Urban Park Rangers cancel a group’s Natural Classroom, Custom Adventure, or Adventure Course program due to inclement weather or other safety concern, the group will receive a credit for the amount paid for the cancelled program that may be used for a rescheduled program up to one (1) year from the date of the cancelled program. If the group or the Urban Park Rangers cannot reschedule the program, the group may request a refund for the amount paid by submitting a completed Refund Request Form to the Urban Park Rangers.

   (2) A group that has not paid the entire fee for a scheduled program may not attend the program.

  1. A group that has scheduled and fully paid for a Natural Classroom, Custom Adventure, or Adventure Course Program and then cancels the program is subject to the following policies:

   (1) If a group cancels a program at least fourteen (14) days before the scheduled program, the group may receive a refund of 50% of the program’s cost or a credit for the program’s full cost, valid for one (1) year from the date of the original program.

   (2) If a group cancels a program fewer than fourteen (14) days before the scheduled program, the group may receive a credit for the program’s full cost, valid for one (1) year from the date of the original program.

   (3) To request a refund or credit, a group must request a Refund Request Form from the Urban Park Rangers and submit the completed form.

  1. The Commissioner shall charge the amounts set forth in the below schedule for Urban Park Ranger programs.
  Department Groups Youth Groups and Students 18 to 24-Year-Old Groups Adult/Staff Development Groups
The Natural Classroom No Fee Single classroom or park program: $100 for every 30 participantsCombined classroom and park program: $125 for every 30 participants*Schools receiving Title I funding are eligible for a 50% discount. Single classroom or park program: $100 for every 30 participants Single classroom or park program: $250 for every 30 participants
Custom Adventure – Day Program No fee $250 for every 30 participants $750 for every 30 participants $1,000 for every 30 participants
Custom Adventure – Overnight Program No fee $500 for every 30 participants and up to 10 chaperones $1,500 for every 30 participants $2,000 for every 30 participants
Adventure Course No fee $500 for 30 participants; $20 per participant for up to 10 additional participants $1,000 for 30 participants; $35 per participant for up to 10 additional participants With lunch provided: $525 for 7 participants; $75 for every additional participantWithout lunch provided: $455 for 7 participants; $65 for every additional participant

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§ 2-16 [Automated External Defibrillators.]

The Department will place automated external defibrillators in the following locations:

  1. Bronx:

   (1) Van Cortlandt Park Visitor Center: Broadway at West 242 St., Bronx, NY 10471.

   (2) Owen Dolen Golden Age Center: 1400 Westchester Square, Bronx, NY 10461.

   (3) St. James Recreation Center: East 192nd St. & Jerome Ave., Bronx, NY 10468.

   (4) St. Mary’s Recreation Center: East 145th St. & St. Ann’s Ave., Bronx, NY 10455.

   (5) Williamsbridge Oval Play Center: East 208th St. & Bainbridge Ave., Bronx, NY 10461.

   (6) Hunt’s Point Recreation Center: Manida St. & Lafayette, Bronx, NY 10474.

  1. Queens:

   (1) Roy Wilkins Recreation Center: 177th St. & Baisley Blvd., St. Albans, NY 11434.

   (2) Sorrentino Recreation Center: 18-48 Cornaga Ave., Far Rockaway, NY 11691.

   (3) Lost Battalion Hall: 93-29 Queens Blvd., Rego Park, NY 11374.

   (4) Passerelle Building: Flushing Meadows-Corona Park, Flushing, NY 11368.

   (5) Olmsted Center: Flushing Meadows-Corona Park, Flushing, NY 11368.

   (6) Overlook: 80-30 Park Lane, Kew Gardens, NY 11415.

  1. Staten Island:

   (1) Cromwell Recreation Center: Pier 6 at Bay and Hannah St., Staten Island, NY 10301.

   (2) Stonehenge: 1150 Clove Road, Staten Island, NY 10301.

   (3) Conference House: 7455 Hylan Blvd., Staten Island, NY 10307.

   (4) Sailor’s Snug Harbor: 1000 Richmond Terrace, Staten Island, NY 10301.

   (5) High Rock Park: 200 Nevada Ave., Staten Island, NY 10306.

   (6) Greenbelt Nature Center: 700 Rockland Ave., Staten Island, NY 10306.

  1. Brooklyn:

   (1) Herbert Von King Recreation Center: 670 Lafayette Ave., Brooklyn, NY 11216.

   (2) Metropolitan Pool: 261 Bedford Ave. (at Metropolitan Ave.), Brooklyn, NY 11211.

   (3) Sunset Park Recreation Center: 44th St. at 7th Ave., Brooklyn, NY 11220.

   (4) Red Hook Recreation Center: 155 Bay St., Brooklyn, NY 11231.

   (5) Litchfield Villa: 95 Prospect Park West, Brooklyn, NY 11215.

   (6) Brownsville Recreation Center: 1555 Linden Blvd., Brooklyn, NY 11212.

   (7) Salt Marsh Recreation Center: 3302 Avenue U, Brooklyn, NY 11234.

  1. Manhattan:

   (1) The Arsenal: 830 Fifth Ave., New York, NY 10021.

   (2) Alfred E. Smith Recreation Center: 80 Catherine St., New York, NY 10038.

   (3) Asser Levy Recreation Center: East 23rd St. at FDR Drive, New York, NY 10010.

   (4) Carmine Pool: Clarkson St. & Seventh Ave. South, New York, NY 10014.

   (5) Hamilton Fish Recreation Center: 128 Pitt St., New York, NY 10002.

   (6) Hansborough Recreation Center: 35 W. 134th St., New York, NY 10037.

Chapter 3: Rules Governing the West 79th Street Boat Basin, the Sheepshead Bay Piers and the World’s Fair Marina

§ 3-01 Application.

These rules apply to the permissible use of the West 79th Street Boat Basin which is located in Riverside Park on the east bank of the Hudson River at West 79th Street in Manhattan. They also govern the Sheepshead Bay Piers adjacent to Emmons Avenue in Brooklyn, the World’s Fair Marina in Flushing Bay which is located in Flushing Meadows Corona Park, Queens and any other marina acquired by the Department and which is not covered by a concession agreement with the Department. These special rules supplement the general rules which govern the use of City parkland set forth in chapters one and two of this title. To the extent that they are not inconsistent herewith, the rules set forth in chapters one and two of this title apply to the use of the marina, piers and boat basin.

§ 3-02 Definitions.

Boat Basin. “Boat Basin” means the West 79th Street Boat Basin located in Riverside Park on the east bank of the Hudson River at West 79th Street in Manhattan.

Boat Launch. “Boat Launch” means any location designated by the Commissioner for the launching of vessels of any kind via the use of an automobile or other motorized vehicle down a fixed ramp.

Chief Dockmaster. “Chief Dockmaster” means the person appointed by the Commissioner that is responsible for the overall administration of the marina division facilities and enforcement of Department policies and rules under the direction of the marina manager or administrator.

Commercial Permit. “Commercial Permit” means a permit to store, dock or launch a vessel used for commercial operations.

Commissioner. “Commissioner” means the Commissioner of the Department of Parks and Recreation or the chief executive officer of any successor agency.

Department. “Department” refers to the Department of Parks and Recreation of the City of New York or any successor agency.

Dinghy. “Dinghy” means a vessel with a total length of fourteen feet or less.

Dockmaster. “Dockmaster” refers to the person who administers, manages or maintains the marina, piers and boat basin at the direction of the supervisory or chief dockmaster

Emergency. “Emergency” means any situation which the dockmaster determines threatens imminent personal injury, property damage or environmental damage.

Facility. “Facility” means any or all of the boat basin, marina, and piers.

Garage. “Garage” means the underground parking garage at the rotunda in the boat basin.

Guest. “Guest” means a person who enters the marina, piers or boat basin at the invitation of a permittee to board the permittee’s vessel.

Houseboat. “Houseboat” means any vessel which has been designed primarily for use as a dwelling place as opposed to active recreational use, including but not limited to boats unable to operate in open water when subject to moderate winds and strong currents and boats designed with a rectangular main deck and full or square-shaped underwater hull as opposed to the tapered bow of a conventional recreational vessel.

Marina. “Marina” means the World’s Fair Marina in Flushing Bay, located in Flushing Meadows Corona Park, Queens.

Marina Division. “Marina Division” means the Department’s division responsible for managing, operating and maintaining recreational and commercial vessel usage at, but not limited, to the division facilities and mooring fields.

Marina Manager or Marina Administrator. “Marina Manager” or “Marina Administrator” means the manager or administrator of the Department’s Marina Division. The person appointed by the Commissioner that is responsible for the overall administration of the marina division facilities and enforcement of Department policies and rules.

Parking Permit. “Parking Permit” means a dated written permission to park at the marina parking lot or boat basin garage.

Permit. “Permit” means a permit to store, dock, moor or launch a vessel at the marina, piers or boat basin. Such term includes, but is not limited to, seasonal dockage permits issued for the 6 month summer season or 12 month terms, transient dockage permits issued on a daily basis, permits to launch kayaks or canoes at the marina, piers or boat basin, permits for commercial vessel operations and special permits for educational research events and special events, including filming. Such term does not include parking permits.

Permittee. “Permittee” means the person whose name appears on a permit.

Permittee Family. “Permittee Family” means the members of a permittee’s immediate family, which is restricted to husband, wife, son, daughter or domestic partner, listed on the front page of the permit application. Permittee family members are not designated as guests and do not have any interest in the permit, except for spouses or domestic partners who jointly hold permits.

Personal Watercraft. “Personal Watercraft” or “PWC” or “Jet Ski” means any small power-driven vessel where by design the operator and passengers stand or sit astride the watercraft as opposed to sitting within the hull of a conventional boat. Personal Watercraft traditionally are gasoline-powered and can be propeller-driven or propelled by water jet.

Piers. “Piers” means the piers located on the northern side of Sheepshead Bay, adjacent to Emmons Avenue in Brooklyn.

Supervisory Dockmaster. “Supervisory Dockmaster” means the individual responsible for the administration of the marina division facilities and enforcement of Department policies and rules under the direction of the chief dockmaster.

Vessel. “Vessel” means a floating craft of any kind, including but not limited to a boat, sailboat, motorboat, dinghies, canoe and kayak.

Waiting list. “Waiting list” means a list maintained by the Department of persons interested in obtaining seasonal dockage permits and mooring permits at the boat basin. This list is the sole method of obtaining a dockage or mooring permit at the boat basin.

§ 3-03 Access.

(a) The marina, piers and boat basin are open to permittees, a permittee's family, their guests, contractors and other persons who have obtained the permission of the dockmaster or Department to enter. All private contractors must be properly licensed and insured, proof of which shall be registered with the marina division. In addition, the dockmaster shall establish and post regular hours during which the public shall have access to specified portions of the marina and boat basin.
  1. Keys are issued to the marina and boat basin piers each year for permittees. To receive a key, permittees must have paid for the full seasonal dockage or mooring and have no other outstanding charges, and must sign an agreement regarding the Department’s key policy. Permittees must also have completed a dockage or mooring permit application and provided all required vessel insurance and registration as required by 56 RCNY § 3-06(d) and (q).

§ 3-04 Guests.

Access to the marina, piers and boat basin by guests is subject to the following conditions:

  1. All guests and members of a permittee’s family must comply with these rules. Anyone who fails to comply with such rules may be expelled from the facility. Anyone who repeatedly fails to comply with the rules may be permanently barred from the facility. Permittees are responsible for the conduct of their guests and family members. Violations of these rules by guests and/or a permittee’s family can be grounds for termination of the permittee’s permit in accordance with 56 RCNY § 3-06(g).
  2. In the interest of safety, the dockmaster may limit the number of guests on a vessel. In no cases shall the number of persons on board a vessel exceed the manufacturer’s builders plate.
  3. A permittee must notify the dockmaster in writing of any person who will be boarding his or her vessel when the permittee is not in the marina or boat basin. Guests may not stay overnight on a vessel when the permittee is not on board without a guest pass issued by the dockmaster. The dockmaster may refuse or terminate such permission where he or she has reason to believe that there has been a transfer of the right to occupy the vessel by the permittee to the guest.
  4. If a permittee intends to have a guest remain overnight on his or her vessel while the permittee is not on board, a guest pass must be obtained from the dockmaster. This pass may be issued for up to one month. No guest may remain in the marina or boat basin for longer than one month while the permittee is absent, although the dockmaster has discretion to extend this limit for good cause. Any guest who has not been authorized to remain overnight in the marina or boat basin will be denied access.

§ 3-05 Inspections.

All vessels in the marina, piers and boat basin may be boarded by authorized officers and employees of the Department or other City, State and federal agencies if necessary to respond to an emergency or urgent health or safety hazard, as part of the general health or safety inspection or as otherwise permitted by applicable law. It shall be a violation of these rules for a permittee to refuse to allow, prevent or interfere with such boarding.

§ 3-06 Permits.

(a)  No person shall dock, store or launch a vessel at a facility without an appropriate permit from the Department and without payment of all required fees.
  1. All payments must be in the form of money order, credit card, or check in a form acceptable to the Department.
  2. All recreational vessels must be personally owned and such ownership reflected on registration or U.S. Coast Guard documentation. Permits for recreational vessels shall be issued to a natural person and not to a business or corporate entity.
  3. For security and emergency purposes, permittees must provide State or federal issued photo identification to the marina division for photocopying and retention in the customer folder in the marina or boat basin office.
  4. A permit shall not be issued for a vessel which is unsafe or likely to cause injury to people or damage to property as determined by the dockmaster.
    1. Dockage permits shall only be issued for vessels that the chief dockmaster determines are capable of operating in open water. All vessels (transient, seasonal, mooring or year round) must be and remain in safe operational condition. Any existing permittee with an operational and seaworthy vessel must continuously maintain an operational and seaworthy vessel. All vessels that are brought to any Department facility must be seaworthy and must meet operational requirements to the original manufacturer’s specifications. The chief dockmaster shall require a demonstration of a vessel’s seaworthiness and compliance with the manufacturer’s specifications, and shall require that any modifications to the vessel be approved by a certified naval architect to ensure compliance with original manufacturers’ specifications. Before issuing a permit and otherwise upon reasonable notice, the chief dockmaster may inspect a vessel and/or require a demonstration of the vessel’s operational capability in open water.

   (2) For the boat basin only, the Department may offer up to 52 winter season permits at any time (less any existing winter permits) first, to existing summer season permit holders in seniority order and second, to individuals on the waiting list in list order, creating 12 month or year-round dockage permits. The location of winter season slips will be determined by the chief dockmaster and allocated by seniority order. However, the chief dockmaster may change the location and/or number of these slips as necessary to ensure the safety of vessels and the boat basin.

   (3) Except for vessels permitted to dock at the boat basin prior to November 1, 2010, no permit, summer or winter, shall be issued to a houseboat.

  1. Dockage permits shall not be issued unless the applicant presents evidence of hull and liability insurance, either New York State registration or documentation by the U.S. Coast Guard and successful completion of a U.S. Coast Guard boating safety course or sufficient nautical experience as determined by the dockmaster. In addition, the vessel for which the permit is to be issued must be well maintained and seaworthy.
  2. A permit shall be issued to the named permittee for a particular vessel and is not transferable. A permit can be held jointly by spouses or domestic partners. If a permittee replaces a vessel, the dockmaster may only approve the new vessel after a suitable slip has been found before it may be docked pursuant to the permit. The dockmaster shall reject a replacement vessel which is not capable of operating in open water, not properly insured or which is neither New York State registered nor documented by the U.S. Coast Guard. The dockmaster may inspect and/or require a demonstration of the replacement vessel’s operational capability in open water.
  3. All completed permit applications shall be submitted to the Department. All outstanding fees, charges, fines or civil penalties must be paid before a renewal application will be considered.
  4. The supervisory dockmaster may revoke, terminate or refuse to renew any permit issued pursuant to this section:
  5. where the permittee or applicant for the renewal has been found liable in a proceeding before the Environmental Control Board of the City of New York (ECB) or in a court of three or more violations of these rules set forth in 56 RCNY Chapters 1 and 2;

   (2) where the applicant for renewal or permittee has failed to pay any outstanding fees, charges, fines or civil penalties within 15 days of the date of mailing of a written notice of such outstanding amount;

   (3) where the permittee or applicant for renewal has been found liable in a proceeding before the ECB or in a court of engaging in disorderly behavior as defined in 56 RCNY § 1-04(i), paragraphs (6), (7), and (9) of 56 RCNY Chapter 1; or

   (4) as provided in subdivision o of this section, in accordance with the needs or requirements of the Department or the interests of the City as determined by the supervisory dockmaster.

  1. The supervisory dockmaster shall mail or hand deliver notice of the intention to revoke, refuse to renew or terminate a permit and the reasons therefor. In the event that a mailing address is unknown or mail is returned undelivered, such notice may, in lieu of mailing or hand delivery, be posted in a conspicuous place on the vessel.
    1. A permittee or applicant for renewal may file written objections with the chief dockmaster within 10 days from the date of such mailing, delivery or posting. The objections must set forth the reasons why the permit should not be terminated or revoked or should be renewed, and include any evidence supporting the objection. The filing of objections will not prevent the chief dockmaster from barring the permittee from the facility if the chief dockmaster specifically finds that it is in the public interest to do so. After considering any objections raised by the applicant or permittee, the chief dockmaster shall make a determination whether to revoke, refuse to renew or terminate the permit and shall provide notice of such determination to the permittee or applicant for renewal in the above manner.

   (2) A permittee or applicant for renewal may file written objections with the Commissioner within 10 days from the date of the written decision of the chief dockmaster. The objections must set forth the reasons why the permit should not be terminated or revoked or should be renewed, and include any evidence supporting the objection. After considering any objections raised by the applicant or permittee, the Commissioner shall make a final determination whether to affirm or reverse the chief dockmaster determination to revoke, refuse to renew or terminate the permit and shall provide notice of such determination to the permittee or applicant for renewal in the above manner.

  1. Nothing in this chapter shall be construed to create a property right in any permit. All permits issued by the Department are by their nature terminable at will by the Commissioner in accordance with the needs or the requirements of the Department or in the interest of the City as determined by the Commissioner.
  2. An applicant for renewal or a former permittee who has been found liable in a proceeding before the Environmental Control Board or in a court violating any provisions of these rules or the rules set forth in chapters 1 and 2 of this title or who has delinquent payment record may be required to provide current credit card information and/or make a security deposit before a renewal application will be considered. Such permittee’s credit card shall be charged for any balances accrued by the permittee that remain unpaid after 45 days of mailing of such outstanding charges. Any security deposit received from the permittee will be returned to the permittee without interest upon departure from the marina, piers, or boat basin, provided the permittee has settled all outstanding charges.
  3. All permittees must maintain hull and liability insurance policies naming the City as an additional insured on the policy for docked vessels and provide the dockmaster with a copy of the insurance certificate. Proof of such insurance must be submitted to the dockmaster by May 1 of each year. The insurance must be valid for the length of the permit and any lapse in coverage will be considered automatic grounds for termination of the permit.
  4. The dockmaster may impose other reasonable conditions on the issuance or renewal of a permit to protect public safety or to safeguard the interests of the City.
    1. Where a permit expires or is revoked, terminated or not renewed, the vessel must be removed from the facility within 10 days after written notice by the supervisory dockmaster to remove it is mailed or hand-delivered to the applicant or permittee. In the event that a mailing address is unknown or mail is returned undelivered, such notice may in lieu of such mailing be posted in a conspicuous place on the vessel. Where the vessel is not removed within 10 days, the Department may remove the vessel or cause the vessel to be removed from the facility. Except where a vessel enters the facility due to an emergency, the dockmaster may immediately and without notice remove any vessel which enters or remains in the facility without an appropriate permit.

   (2) The permittee or owner shall be liable for the costs of removal and storage of the vessel, payable prior to release of the vessel. Any vessel removed from the facility which is not claimed within 30 days shall be deemed to be abandoned and shall be treated in accordance with applicable law.

  1. Every applicant and permittee must provide the dockmaster with a day and evening telephone number as well as an e-mail and/or mailing address in writing at which he or she may receive notice required by these rules or other applicable law. Any change in telephone number, e-mail, or mailing address must be reported in writing to the dockmaster within 10 days.
  2. Upon accepting a permit to dock at the boat basin, permittee must, within two years, dock a vessel, meeting all the requirements of this chapter. If an existing boat basin permittee removes his or her vessel for any reason, the permittee must dock a vessel, meeting all the requirements of this chapter, within two years from the date they removed their vessel. The minimum dockage fee will be charged for each permitted season until a vessel is brought in. If no vessel is docked within two years, the permit will be revoked as per 56 RCNY § 3-06(l).
  3. A permittee may choose to postpone keeping a vessel at the boat basin for any particular season without payment only once in the life of the permit. Permittees must submit a letter to the chief dockmaster at least 90 days prior to the start of the season in question stating that they will be opting to keep the vessel out of the boat basin.
  4. Permits will be immediately revoked for any of the following reasons:

   (1) Conduct endangering the safety of any person.

   (2) Fire aboard a vessel that is determined to be caused by improper upkeep of the vessel.

   (3) The improper use of heating equipment, including the storing of kerosene, installation or repair of electrical equipment by other than a qualified electrician.

   (4) A violation of 56 RCNY § 3-13.

   (5) Trespassing aboard another vessel docked or moored at a marina division facility.

   (6) Violation of this subdivision by guests or immediate family members of a permit holder.

   (7) Renting or subletting of permits.

   (8) Any other action which interferes with the safe operation of division facilities, including but not limited to violations of 56 RCNY § 3-08.

  1. Any person who docks or abandons a vessel at the boat basin, marina or piers without authorization and who refuses to remove the vessel immediately upon written notice, will not be eligible to request or receive a permit or berth of any type for any facility for a minimum of 24 months. Objections to of the denial of permit eligibility shall be available under subdivision n of 56 RCNY § 3-06.

§ 3-07 Waiting List.

The Department shall maintain and utilize a waiting list for the issuance of Boat Basin seasonal dockage permits and mooring permits, which shall be available upon request from the Department. Applications for the waiting list must be mailed to the Department of Parks & Recreation, Legal Office, The Arsenal, 830 5th Avenue, NY, NY 10065 att: Boat Basin Waiting List via return receipt U.S. mail on forms supplied by the Department and accompanied by a processing fee of $75. Only natural persons shall be eligible for Boat Basin permits. No person already holding a permit may apply for a Boat Basin permit.

§ 3-08 Conduct and Clean Boating.

(a)  No person shall urinate or defecate into the water or along the docks and walkways of the facility. No person shall use a toilet in the facility which discharges into the water without marine sanitation devices approved by the New York State Department of Environmental Conservation.
  1. Composting toilet systems are not permitted.
  2. All vessels with waste holding tanks must discharge waste through the pump out station or by other methods approved by the New York State Department of Environmental Conservation.
  3. No person shall discharge into the water or on the docks and walkways any oil, spirits, drift, debris, inflammable liquids, rubbish or refuse.
  4. No person shall bring or park a motor vehicle on the promenade or docks without the prior written approval of the dockmaster.
  5. No person shall make or cause or allow to be made unreasonable noise in the facility so as to cause public inconvenience, annoyance, or harm. Unreasonable noise means any excessive or unusually loud sound that disturbs the peace, comfort, or repose of a reasonable person of normal sensitivity or injures or endangers the health or safety of a reasonable person of normal sensitivity. The dockmaster may restrict the outdoor use of radios, record players, compact disc players, television receivers, tape recorders, digital music players and other sound reproduction devices after 10 p.m. Sunday through Thursday and after midnight on Friday and Saturday.
  6. Garbage shall be placed in plastic bags and deposited in designated receptacles.
  7. No person shall make an open flame or operate a barbecue grill in the facility, on the docks or walkways or on any vessel.
  8. No person shall store or use any machinery or equipment for welding or burning where such storage or use is prohibited by the fire code or other law or rule.
  9. No person shall ride or store a bicycle or other vehicle on the walkways and docks.
  10. No person shall run or skate on the dock.
  11. No person shall swim, dive, or fish from vessels, docks, or finger piers, except in areas specifically designed for such purposes.
  12. No person shall leave any entrance gate to the marina or boat basin open or unlocked.
  13. No person shall admit someone unfamiliar to themselves into the marina or boat basin. Any unfamiliar person is to be directed to the marina or boat basin office.
  14. No person shall advertise from a vessel while docked or moored at a Department facility.
  15. The New York waters of the Hudson River are an Environmental Protection Agency (EPA) designated “No Discharge Area” (NDA). No person shall discharge any boat sewage from a holding tank or portable toilet or use a direct discharge toilet anywhere in the river, from the Battery to Troy Dam. All sewage must be emptied at a pumpout station.
  16. On water bodies that are not designated NDA, boaters must discharge treated sewage from a Type I or Type II United States Coast Guard certified Marine Sanitation Device (MSD) unless at least three nautical miles or more from shore.
  17. No person shall transport cans of fuel on marina, piers, or boat basin docks or piers unless authorized by the dockmaster in the dockmaster’s reasonable discretion. Vessels must fuel at gas docks.
  18. As per New York State Department of Environmental Conservation regulations, vessel owners must receive pre-approval from the dockmaster before applying anti-fouling paint to their vessel. Paint scrapping must be disposed of in designated areas. Containment systems must be used and boat maintenance may not be performed near water or sewer drains.
  19. Hoses and water lines must be turned to the closed position upon completion of use. Water lines must never be left running unattended or for extended periods of time.
  20. Any person who engages in disorderly behavior as defined in 56 RCNY § 1-04(i) may, in addition to any other applicable penalties, be expelled immediately from the marina, piers, or boat basin.
  21. No person may offer or provide any form of tip, money, gift or any other gratuity to any City employee at any facility. No person may procure any services from Department staff except as specifically allowed under these rules. Violations of this provision will result in termination of any permit and will bar the violator from any Department facility for a minimum of 24 months. Objections to termination of a permit or denial of permit eligibility shall be available under subdivision n of 56 RCNY § 3-06.

§ 3-09 Docking of Vessels.

(a)  Vessels must be docked at slips designated by the dockmaster. Slips will be assigned using an appropriate ration of slip length, width, depth of water and strength of docks to a vessel's length, beam, draft and tonnage. If two vessels of equal characteristics are vying for the same slip, seniority will be the determining factor. Seniority is established by holding a valid permit and being in good standing for the longest period of time. Good standing means that all accounts with the Department are paid in full and dockage/moorage application and valid insurance and registration are on file. Slips may not be changed or exchanged without the prior written approval of the dockmaster. Inoperable vessels will not be assigned to slips that are designated by the Department for running vessels.
  1. All vessels shall be adequately tied to the dock and shall have sufficient fenders and dock lines to secure the vessel in all wind and weather conditions. The dockmaster may require the replacement of dock lines which he or she finds to be inadequate or, where necessary, may in his or her discretion replace the dock lines and charge the cost to the permittee or owner of the vessel.
  2. Vessels may be temporarily relocated within or outside the facility in an emergency or to accommodate construction work at the facility. When a vessel must be moved to accommodate construction work the dockmaster will give the permittee or owner 48 hours written notice to move the vessel. If the vessel is not moved within the required time the dockmaster may move the vessel or cause the vessel to be moved and charge all costs associated with moving or storage to the permittee or owner.
  3. Vessels which are improperly secured in an unassigned slip or area may be towed to the assigned slip by the dockmaster or marina division staff, and the appropriate Labor Rate shall be charged to the owner of such vessel.

§ 3-10 Condition of Vessels.

(a)  All vessels in the facility and all equipment thereon shall be maintained in good order and free of any hazard to persons, vessels or facility structures. In addition, all vessels docked at the piers or the marina must be seaworthy.
  1. No structural modifications may be made to the superstructure of a vessel docked at the facility and/or permitted to use the facility without the express written consent of the dockmaster. Prior to any modification, the Department may require an evaluation from an experienced certified marine surveyor in good standing with a national recognized marine surveying society or association, or from a New York State licensed naval architectural engineer. Such evaluation shall be performed at the permittee’s expense and a detailed report of such evaluation shall be provided to the Department. No modifications shall be made which will in any way limit the movement of the vessel, change the center of gravity to the extent that the vessel is unseaworthy, restrict the navigation by removal of the helm station, inhibit the line of sight forward from the helm, increase the height of the vessel or extend the vessel over water beyond the existing hull, or increase the load beyond the manufacturer’s hull design capacity.
  2. The dockmaster may refuse dockage of any vessel that does not meet the above requirements.

§ 3-11 Operation of Vessels.

(a)  All vessels entering, leaving or moving within the facility shall be operated under mechanical power, not sail, except in an emergency. All vessels in the facility shall be operated at speeds so as not to create a wake.
  1. When a vessel enters the marina or boat basin, it shall be berthed or moored only where ordered and maneuvered as directed by Department staff.
  2. Vessels entering the marina, piers, or boat basin under emergency conditions shall promptly be reported by their owners to Department staff.
  3. A permittee holding a seasonal dockage permit must notify the dockmaster in writing prior to removing a vessel from the facility for more than 48 hours. In order to maximize access to the marina or boat basin, the dockmaster may issue a transient dockage permit for the permittee’s assigned slip during such absence. A permittee who fails to notify the dockmaster of his or her scheduled return time or who returns before his or her scheduled return time may be required to remain outside the marina or boat basin until a vacant slip is available.
  4. In the event of an emergency, including unsafe condition on a ship, mooring, or vessel, the Department may order a permittee to take specific remedial measures within a reasonable period of time, as determined by the dockmaster. A permittee who fails to take such measures within the specified time period shall be subject to the penalties set forth herein.

§ 3-12 Required Safety Equipment.

All vessels docked in the facility shall have on board at all times all equipment required by the Coast Guard, as well as for vessels longer than 25 feet:

  1. Two 10-pound CO
    2
    canister fire extinguishers or two dry chemical 20 pound ABC fire extinguishers approved for marine use and stored at opposite ends of the vessel.
  2. No fewer than two operable automatic smoke alarms.

§ 3-13 Utilities.

(a)  Vessels docked at the marina and boat basin may only be supplied with electricity through the metered electrical hook up at its assigned slip. All electrical or utility connections must be free of defects. No person shall tamper or interfere with an electric meter. A permittee must pay all metered charges for electricity. Electrical lines shall not be rigged or positioned so as to obstruct walkways or docks.
  1. Electricity shall not be used for heating a vessel. The dockmaster may issue orders limiting or restricting the installation and use of appliances which he or she determines require quantities of electricity that may disrupt electrical service at the marina or boat basin.
  2. At those times when the Department does not supply fresh water to vessels docked at the marina or boat basin, permittees may fill on-board tanks from a water line at the head of the dock. Hoses shall not be rigged or positioned so as to obstruct walkways and docks, or to cause leakage or ice accumulation.

§ 3-14 Maintenance and Use of Docks.

(a)  Except as hereinafter provided, personal property shall not be stored on piers, docks or walkways. Personal property may be stored by a permittee in a dock box no larger than 30 cubic feet and no higher than 30 inches located on a fixed pier. At the marina, personal property may also be stored in dock boxes on floating docks if permission is granted by the dockmaster. The name of the permittee shall be clearly posted on the dock box. The dock box shall be positioned so as not to obstruct the walkway or impede access to the vessel. The location of the dock box shall be subject to the approval of the dockmaster. No dock boxes shall be permitted on floating piers at the boat basin.
  1. Personal property left unattended on a pier in violation of this provision, including noncomplying dock boxes, shall be subject to removal by the dockmaster. The dockmaster shall give notice to the owner of the property prior to such removal if the identity of and an address for such person are reasonably ascertainable or to the permittee of the vessel docked in the slip adjacent to the place from which the property was removed. The cost of the removal and storage of such property shall be charged to the owner or permittee and shall be payable prior to release of the property. Any personal property which is unclaimed after thirty days shall be deemed to be abandoned and shall be turned over to the police property clerk for disposal pursuant to law.
  2. It shall be unlawful to construct, reconstruct, alter, add to, extend or physically alter in any manner any slip, dock or pilings without the prior written approval of the dockmaster. Permittees may utilize boarding steps approved by the dockmaster.
  3. A permittee shall keep the dock adjacent to his or her vessel, including the finger pier, free of refuse, rubbish and litter at all times.

§ 3-15 Sunken, Abandoned or Delinquent Vessels, Dinghies and Trailers; Trailer Storage.

(a) The dockmaster may require that any vessel or dinghy which sinks be removed from the facility until appropriate repairs are made. A sunken vessel or dinghy shall be removed from the facility within 48 hours after oral or written notice by the dockmaster to remove the vessel or dinghy. Upon request of the permittee or owner, the dockmaster may in writing extend the time for removal of the vessel or dinghy. If the vessel or dinghy is not removed within the allowed time, the dockmaster may remove the vessel or dinghy or cause it to be removed and may recover the cost of the removal and storage or disposal of the vessel or dinghy from the permittee or owner of the vessel or dinghy. If the dockmaster determines that a sunken vessel or dinghy is discharging pollutants into the water or causing any other kind of emergency, the Department may take action to stop the cause of pollution and may remove or cause the vessel or dinghy to be removed, without prior notice to the permittee or owner of the vessel, and recover all costs associated with removal and storage or disposal of the vessel or dinghy from the permittee or owner of the vessel or dinghy.
  1. In the event that the permittee or vessel owner fails to pay for a permit or the repair and service of such vessel and equipment, the Department may detain the vessel until such sum is paid. In the event that such outstanding sum is not paid in full within 90 days, the Department may secure such vessel with chains and/or locks, or cause such vessel and equipment to be moved to a non-active slip or pier, be disposed of as abandoned property, or be sold at auction. The permittee will be responsible for all costs related to storage of the vessel, disposal, and all outstanding obligations.
  2. The marina will assess a fee for vessels or dinghies that remain in the marina boat yard for a duration longer than the published winter season or after work on such vessel or dinghy has been completed. This fee shall be determined by the daily transient dockage rate in effect at the marina at the time of yard storage.
  3. Vessel or dinghy trailers may be used for delivery and removal of owner’s vessel or dinghy from the marina and/or storage of the vessel at the marina during the winter season only. All trailers brought to the marina must be identified by the owner to marina office staff. Empty trailers may not be stored at the marina and must be removed within 24 hours of launch of vessel. The yard manager will coordinate with owners of vessels or dinghies that are to be hauled out and placed on trailer. Any empty trailer remaining at the marina for more than 24 hours will be disposed of as abandoned property, salvaged as scrap metal, or sold at auction. The permittee will be responsible for all costs related to the removal, disposal and/or sale of the trailer.
  4. The Department may designate a limited number of storage spaces for trailers belonging to marina permittees. Such storage shall be offered via waitlist, first to customers receiving winter land storage and then to customers receiving winter water storage. The marina accepts no responsibility for the security or condition of trailers stored on marina property. Permittees must secure their own trailers with a lock. Trailers must have valid Department of Motor Vehicles registration and must be clearly labeled with vessel registration number printed on the trailer to be considered for storage. The Department reserves the right to cancel this arrangement for operational or safety needs at any time.

§ 3-16 Dinghies, Kayaks and Canoes.

(a) (1) Any dinghy over 14 feet in length must be stored on the vessel with a valid permit from the Department. Any dinghy over 14 feet in length and stored in water will be considered a separate vessel and require an independent transient permit. Any dinghy 14 feet or less must be stored on the vessel or in a designated dinghy area as determined by the Department. Only one dinghy shall be permitted per vessel.

   (2) All dinghies stored in the water or at dinghy docks must be identified with the registration number of corresponding vessel.

   (3) Kayaks and canoes may either be stored on the vessel with a valid permit from the Department, or in the areas specifically designed by the Department for such storage.

  1. Boat Launches: A Department permit is required to launch a vessel operated by a motor at a Department managed boat launch. The Department will set and post specific rules at each agency managed boat launch. Failure to comply with posted rules will result in loss of access to the launch.
  2. Boating or use of a personal watercraft adjacent to any authorized bathing beach is prohibited. Use of personal watercraft is prohibited upon any waters under the jurisdiction of the Department, unless the Commissioner specifically authorizes use of personal watercraft in such area.

§ 3-17 Parking of Motor Vehicles.

(a)  No person shall park at the garage at the boat basin or the marina parking lot without a parking permit issued by the Department. The Department shall seek to accommodate year-round and seasonal permittees first in providing parking at the facilities. At the boat basin, spaces will be assigned first to permittees seeking year-round parking, followed by those seeking seasonal parking, then by permittees who hold kayak permits. Non-permittees shall be eligible for parking spaces on a month to month basis, subject to availability. If there are more permittees than available spaces, the Department shall maintain a waiting list of the permittees eligible for parking permits, which shall be available upon request. Parking permits are issued to the person named on the permits and are valid only for the registered vehicle or vehicles identified on the permit. Parking permits are not transferable. Any assignment or attempted assignment of a garage parking permit shall result in the cancellation of such permit.
  1. No person shall remain overnight in the garage or parking lot or in a vehicle parked in the garage or parking lot. The Department may remove or cause to be removed any vehicle which is parked in the garage or parking lot without a current parking permit or without payment of all required fees. The cost of towing and storage of the vehicle shall be charged to the permittee or owner of the vehicle and shall be payable prior to release of the vehicle. Any vehicle which is unclaimed after thirty days shall be deemed to be an abandoned vehicle and shall be disposed of pursuant to the procedures set in § 1224 of the Vehicle and Traffic Law.

§ 3-18 Pets.

(a)  It is a violation of these rules to keep an animal as a pet at the facility where the keeping of such animal is prohibited by the City Health Code or any other City, State or federal law or rule.
  1. The owner or other person in charge or control of a pet shall expeditiously remove, clean or clear all feces or vomit deposited by the pet from the walkways and docks.
  2. The dockmaster may order the removal of a pet from the facility where the owner or other person in charge or control of the pet has failed or refused to prevent the pet from harassing or harming other persons or has failed or refused repeatedly to remove, clear or clean feces or vomit deposited by the pet on the walkways or docks.
  3. All dogs, cats and other pets must be kept on a leash, or in appropriate carrying cases or cages, when not confined aboard a vessel.

§ 3-19 Orders.

In addition to the orders specifically referred to in these rules, the Department may issue any other orders which may be necessary or appropriate to enforce compliance with these rules or the rules set forth in chapters 1 and 2 of this title or to safeguard persons or property at the facility. It shall be a violation of these rules to fail or refuse to comply with such orders.

§ 3-20 Unlawful Use of Slip or Vessel.

No person shall permit or cause any slip or vessel or any portion thereof to be used or occupied for an illegal purpose.

§ 3-21 Liability.

(a) Permittee agrees to maintain current vessel insurance, including hull and liability insurance, collision and fire, and extended coverage insurance. Insurance policies must name the City of New York as an additional insured. Each insurer shall waive subrogation. Each permittee will be held responsible for damage he or she causes to other boats in the marina, piers or boat basin or to the structure of facilities thereof. The Department assumes no responsibility for permittee's boat or equipment.
  1. Permittee acknowledges that the Department makes no representation regarding the adequacy of water levels for egress and ingress. The Department is not responsible for damages resulting directly or indirectly from low water levels.
  2. The Department assumes no responsibility for the safety of any vessel at the marina, piers or boat basin and shall not be responsible for loss or damage or injury to persons or property due to wind, waves, theft, collision, chafing, vandalism, fire, low water levels, or any other cause except for the negligence of Department employees acting in the performance of their duties. The Department shall not be liable for any damage to the vessel occurring before, during, or after a severe storm, hurricane, or other emergency, for services performed, or for the failure to provide services. Permittee shall pay for all services performed, and for all goods or materials used in all work performed, in a reasonable effort to protect and safeguard the vessel, regardless of the success of such efforts.
  3. Permittee waives all claims against the City, its agents and employees for any damage to a vessel and its contents arising out of the removal, relocation, storage and/or disposal of a vessel by the Department pursuant to 56 RCNY §§ 3-06(o), 3-09(c) and 3-15, except for gross negligence or willful misconduct by the Department. In accordance with such rules, permittee shall be responsible for all costs incurred by the Department associated with such removal, relocating, storage and/or disposal.
  4. Department permits are for dockage or moorage only, and no injury, loss or damage to the permittee’s vessel, or to the permittee, members of his or her family, guests, employees or agents is assumed by the Department, nor will the Department be held liable for any loss or damage caused by weather, acts of god, or other incidents beyond the control of the Department.
  5. Unless the marina or boat basin receives a specific written work order to do so and suitable charge is applied and paid for, the Department does not guarantee inspection of vessel(s) or equipment during any storage period and is not responsible for any damage an inspection may have prevented.
  6. The Department and its staff assumes no responsibility for delays in hauling, repairing, cleaning or launching of vessels at the marina.

§ 3-22 Commercial Permits.

Commercial permits may be issued at the boat basin and marina to operators of commercial vessels upon terms to be determined by the Department. The dockmaster is authorized to exempt holders of these commercial permits from certain rules set forth in this 56 RCNY Chapter 3. Vessels docked under non-commercial permits may not engage in commercial activity without the express written approval of the Department. This approval must be attained on an annual basis. Complete commercial plans must be provided to the Department and no advertising may take place at the marina or boat basin. The Department may refuse such permission or terminate any authorization previously granted if it determines that such use may interfere with the public use or the operation of the facility or will not be in the best interest of the City. Approval will not be granted unless the permittee presents a valid United States Coast Guard Captain’s license and evidence of insurance coverage for liability and property damage, which must be deemed sufficient by the dockmaster. Commercial trips must involve 6 passengers or less and must pay the commercial pickup fee (6 passengers or less) for each trip in addition to regular dockage. Any vessel planning commercial trips involving more than 6 passengers must apply for a commercial permit and may not operate under a non-commercial permit. Operators must comply with all other Department rules and other applicable rules and regulations for such vessels. The Sheepshead Bay Piers are managed for recreational charter boat and related purposes. Only commercial vessels involved in creational charter boating, entertainment cruising, recreational fishing, or related recreational services will be offered dockage permits.

§ 3-23 Fees.

Permit fees are strictly in accordance with published schedules. Permit fees at the World’s Fair Marina and 79th Street Boat Basin shall be paid in advance to cover the full boating season. Yearly dockage at the Sheepshead Bay Piers shall be billed in 12 monthly installments with dockage paid in advance of each month. All services must be paid in advance except for electric and emergency repairs. No refunds shall be made in any instance.

Charges for all services, which will be sent in writing to the address of the owner on file, shall be paid within 15 days of receipt of billing or a 2% late fee will be assessed each month. If the permittee fails to pay for the rental of space or the repair and service of their boat and equipment, the agency may detain the boat until such sum is paid. If the outstanding sum, is not paid in full within 90 days, the Department may move the boat and equipment to a non-active slip or pier, disposed of it as abandoned property, or sell it at auction. The permittee will be responsible for all costs related to storage of the boat, disposal, and all outstanding charges.

No cash will be accepted for transactions. All boat basin transactions must take place in the marina office. All marina transactions must take place in the marina office, with the exception of event dockage. No financial transaction may take place aboard a private boat.

Depending on available space, summer seasonal customers at the marina and boat basin may be allowed to arrive prior to May 1 and/or depart after October 31. In such instances, a half-month pro-rate, based on the associated six-month summer permit, will be applied from April 15 to April 30 and/or from November 1 to November 15. Any seasonal permittee arriving prior to April 15 and/or departing after November 15 will be billed the daily transient rate for the period of time at the marina or boat basin prior to April 15 and/or after November 15. Extensions are solely at the discretion of the dockmaster, marina manager or marina administrator.

Depending on available space, winter seasonal customers at the marina may be allowed to arrive prior to November 1 and/or depart after April 30. In such instances, a half-month pro-rate, based on the associated six-month winter permit, will be applied from October 15 to October 31 and/or from May 1 to May 15. Any winter permittees arriving prior to October 15 and/or departing after May 15 will be billed the daily transient rate for the period of time at the marina prior to October 15 and/or after May 15. Extensions are solely at the discretion of the dockmaster, marina manager or marina administrator.

Pro-rated monthly dockage, moorage or storage services of three months or more may be authorized by the dockmaster, marina manager or marina administrator. All requests for pro-rated services are subject to Department approval. Prorated rates will not be applied for any services with a waiting list.

The Department may, at its sole discretion, retain a vessel from being removed or released from the marina, piers or boat basin where there is an outstanding fee or fees owed to the Department associated with vessel storage, labor, and/or other services. Such notice of non-release will be provided in writing to the permittee.

In addition to any penalties provided for in the chapter, violations of these rules shall be punishable as provided in 56 RCNY § 1-07.

  1. West 79th Street Boat Basin (May 2012 and subsequent years)
Seasonal Dockage Summer(May 1 to October 31) $120/linear foot or $3,000, whichever shall be greater
  Winter(November 1 to April 30) – Current Winter permittees only $105/linear foot or $2,625, whichever shall be greater
Transient Dockage(Non-commercial boats only)   $3.50/linear foot per day for up to 14 days$42.00/linear foot for stays of 15 to 29 days$75.00/linear foot for stays over 29 days
Passenger Pickup/Drop off(Non-commercial boats only) 40 feet or less41 feet or more $25$40
Dinghy Landing OnlyNon-permit holders, non-transient dockage 14 feet or less $26/day
Dock & Dine(4 hour maximum)   $1.25/linear foot
Commercial Landing Fee 30 minutes for loading and30 minutes for unloading maximum $4/linear foot
Commercial Pickup(Non-commercial boats only) 6 passengers or less $32/trip
Mooring DailyWeeklyEntire Season (May 1 to Oct 31) $30$180$1,550
Electricity For permit holders only Billed monthly based on rate paid by Department
Transient Electricity 30 amp50 amp100 amp $10/day$20/day$35/day
Labor Rate   $75/hour
Sanitation Waste System Pump Out Commercial vessels only $80 plus labor
Water Pump Out Per pump provided $65 plus labor
Towing Outside Marina Non commercial boats only $150/hour
Kayak/Canoe Storage Yearly, per vessel(May 1 to April 30) $350
Team Canoe Storage Summer only, competition canoes, per vessel $750
Dinghy/Motor Storage(November 1 to April 30 only) No auxiliary fuel tanks allowed $175/winter
Key Deposit or Replacement   $10
Slip Dockage Waiting List Application $75
Parking Pass Daily $10
Parking Rotunda parking garage; permit holders only $275/month

~

  1. World’s Fair Marina (May 2012 and thereafter)
Summer Dockage 20 feet or less21 to 26 feet27 to 35 feet36 to 45 feet46 to 65 feet66 feet or greater $1,325$70/linear foot$73/linear foot$78/linear foot$95/linear foot$118/linear foot
Commercial Charter Boat May 1 to October 31November 1 to April 30 $135/linear foot$52/linear foot
Winter StorageWater storage available WaterLand $35/linear foot or $700, whichever shall be greater$50/linear foot or $1,000, whichever shall be greater
Transient Dockage Non-commercial boats only $2/linear foot/day (24 hours)
  Sporting events/concerts in the park(event duration only)/dock & dine $1/linear foot
  Commercial vessels(does not include passenger loading/unloading fee) $2.50/linear foot/day (24 hours)
Passenger Pickup/Drop off(Non-commercial boats only) 40 feet or less41 feet or more $20$30
Dinghy Landing Only(Non-permit holders, non-transient dockage) 14 feet or less $22/day
Commercial Landing Fee 30 minutes for loading and 30 minutes for unloading maximum $3/linear foot
Commercial Pickup(Non-commercial boats only) 6 passengers or less $28/trip
Electricity For permit holders only Billed monthly based on rate paid by Department.
Transient Electricity 30 amp50 amp100 amp $7/day$12/day$40/day
Team Canoe Storage SummerWinter $500/boat$250/boat
Hydrohoist Wet Storage(No vessel) Winter $500
Vessel or Dinghy Trailer Storage(Limited space via waitlist, winter permittees only) Summer $400
Key Deposit or Replacement   $10

~

WORLD’S FAIR LABOR RATES

A fifty percent deposit must be pre-paid for any work order estimated by the dockmaster or yard manager to be greater than $400. In addition, the following fees must be paid in full in advance of services being rendered: Haul Out, Launch, Move One Way, Block, Load on Trailer, Pressure Wash Bottom, Step or Unstep Mast.

Labor Rate   $75/hour
Parts (Parts sold over-the-counter in the marina must be paid for in full prior to receipt) Boat repair, maintenance Sold at Manufacturer Suggested Retail Price (MSRP)
Sanitation System Pump Out Commercial vessels only $80 plus labor
Water Pump Out Per pump provided $45 plus labor
Crane Service   $100/hour
Travel Lift   $100/hour
Forklift   $90/hour
Haul Out   $2.50/linear foot
Launch Using travel lift $2.50/linear foot
Move One Way   $2.50/linear foot
Block   $2.50/linear foot
Load On Trailer Using travel lift $2.50/linear foot
Pressure Wash Bottom   $2.50/linear foot
Step or Unstep Mast   $5/linear foot
Towing Inside Marina   $75.00/hour
Towing Outside Marina   $150.00/hour
Bottom Painting 30 feet or less31 feet or more $13.75/linear foot$14.75/linear foot

~

  1. Sheepshead Bay Piers (May 2012 and subsequent years)
Yearly Dockage   $125.00/linear foot
Transient Dockage Non-commercial boats onlyUp to 24 hours $2 /linear foot/day
Commercial Vessels Loading and Unloading $3/foot/30 minutes loading and unloading maximum$3/foot/hour beyond 30 minutesloading/unloading
Dock & Dine Non-commercial vessels onlyUp to 4 hours $1/linear foot

~

§ 3-25 Special Events and Filming.

Special events and filming at the marina, piers, and boat basin must be pre-approved by the marina manager or marina administrator, and will be considered on a case-by-case basis. Those wishing to host an event or film at the marina, piers, or boat basin must adhere to the terms and fees set forth by the Department’s Special Events office. Hourly labor rate shall apply for any services required of marina staff. Associated permits from the Mayor’s Office of Film, Theatre and Broadcasting may be required.

Chapter 4: Rules Governing Mooring Fields Under the Jurisdiction of the Department

§ 4-01 Application.

These rules apply to the permissible use of mooring fields in Sheepshead Bay, Great Kills Harbor and adjacent to the West 79th Street Boat Basin that are under jurisdiction of the Department. These rules supplement the general rules which govern the use of City park land set forth in chapters one and two of this title. To the extent that they are not inconsistent herewith, the rules set forth in chapters one, two and three of this title apply to the use of the mooring fields.

§ 4-02 Definitions.

Boat Basin. “Boat Basin” means the West 79th Street Boat Basin located in Riverside Park on the east bank of the Hudson River at West 79th Street in Manhattan.

Chief Dockmaster. “Chief Dockmaster” means the person appointed by the Commissioner that is responsible for the overall administration of marina division facilities and enforcement of Department policies and rules under the direction of the marina manager.

Commercial Permit. “Commercial Permit” means a permit to store, dock or launch a vessel used for commercial operations.

Commissioner. “Commissioner” means the Commissioner of the Department of Parks and Recreation or the chief executive officer of any successor agency.

Department. “Department” means the Department of Parks and Recreation of the City of New York or all successor agencies.

Dinghy. “Dinghy” means a vessel with a total length of fourteen feet or less.

Dockmaster. “Dockmaster” means the person who administers, manages or maintains the marina, piers and boat basin at the direction of the supervisory or chief dockmaster.

Emergency. “Emergency” means any situation which the Department determines threatens imminent personal injury or property damage.

Marina. “Marina” means the World’s Fair Marina in Flushing Bay, located in Flushing Meadows Corona Park, Queens.

Marina Division. “Marina Division” refers to the Department of Parks and Recreation division responsible for managing, operating and maintaining recreational and commercial vessels usage at, but not limited, to division facilities and mooring fields.

Marina Manager or Marina Administrator. “Marina Manager” or “Marina Administrator” means the manager or administrator of the Department of Parks & Recreation Marina Division. The person appointed by the Commissioner that is responsible for the overall administration of marina division facilities and enforcement of Department policies and rules.

Mooring fields. “Mooring fields” means the areas that are designated by the United States Coast Guard as Special Anchorage Areas and are under the jurisdiction of the Department in Sheepshead Bay and Great Kills Harbor and the mooring fields adjacent to the 79th Street Boat Basin.

Permit. “Permit” means a permit to moor a vessel at a designated position in a mooring field.

Permittee. “Permittee” means the person whose name appears on a permit.

Piers. “Piers” means the piers located on the northern side of Sheepshead Bay, adjacent to Emmons Avenue in Brooklyn.

Supervisory Dockmaster. “Supervisory Dockmaster” means the person responsible for the administration of marina division facilities and enforcement of Department policies and rules under the direction of the chief dockmaster.

Vessel. “Vessel” means a floating craft of any kind including but not limited to a boat, sailboat, motor boat, dinghy, canoe and kayak.

Waiting list. “Waiting list” means a list of persons interested in obtaining permits, which shall be maintained by the Department.

§ 4-03 Inspections.

All vessels moored in the mooring field may be boarded by authorized officers of the Department or of other City, State and federal agencies if necessary to respond to an emergency, or as otherwise permitted by applicable law. It shall be a violation of these rules for a permittee to refuse to allow, prevent or interfere with such boarding.

§ 4-04 Permits.

(a)  No person shall place a mooring or moor a vessel in a mooring field without a permit from the Department.
  1. A permit shall authorize the use of a mooring that meets the requirements of subdivision (a) of 56 RCNY § 4-07, the location of a mooring at a particular position in the mooring field, and the mooring of a particular vessel identified by size, type, registration number and mooring designation.
  2. A permit shall be issued to the permittee named thereon and is not transferrable.
  3. A permit shall not be issued for a vessel which is likely to cause injury to people or damage to property as determined by the Department or for a vessel which exceeds 65 feet in length. In any case, the vessel length shall be appropriate for the size of the associated mooring circle.
  4. A permit will not be issued to an applicant who has any outstanding fees, charges, fines or civil penalties due the Department.
  5. The applicant for a permit must be the owner or lessee of the vessel. A permit shall not be issued unless the applicant presents evidence that the vessel is (1) registered with the New York State Department of Motor Vehicles, or (2) registered with the appropriate agency of another state or (3) documented by the U.S. Coast Guard, or (4) the applicant has established vessel ownership. If the applicant is not the registered or documented owner of the vessel, the applicant must present evidence that he or she is the lessee of the vessel. If a permittee intends to replace a vessel, he or she must notify the Department in advance so the Department can determine whether the existing location and mooring are acceptable for the new vessel. The new vessel may not be moored until the Department grants a new permit. The Department shall reject a replacement vessel that is not registered with the Department of Motor Vehicles or registered with the appropriate agency of another state or documented by the U.S. Coast Guard, or where the applicant has not established vessel ownership. In cases in which the vessel is not fitted with an engine and is not required by the New York State Department of Motor Vehicles to be registered, the boat owner shall provide a bill of sale as proof of legitimate ownership or evidence of a lease.
  6. An applicant who owns or leases more than one vessel may apply for more than one permit; applications for additional permits will be placed on the Department’s waiting list until the Department determines that the number of vacant mooring positions exceeds the number of applications.
  7. Notwithstanding the provisions of subdivisions (f) and (g) of this section, the Department may reserve a limited number of permits for moorings and issue them to (i) persons for use in connection with special events or other activities that promote the enjoyment by the public of the water for educational, recreational, or entertainment purposes, or (ii) yacht clubs and marinas having water frontage in Sheepshead Bay or Great Kills Harbor for the accommodations of guest vessels of such yacht clubs and marinas, or (iii) other government entities as may be in the interest of the Department. No vessel shall be moored at such moorings for the accommodation of guest vessels of such yacht clubs or marinas for more than 15 consecutive days. Any such person, yacht club, marina, or other government entity that is issued a permit pursuant to this subdivision shall be subject to the provisions of this chapter to the same extent and in the same manner as the owner or lessee of a vessel who is issued a permit pursuant to this chapter.
  8. The term of a permit issued for the Sheepshead Bay or Great Kills Harbor mooring fields is for one year commencing May 1. The term of a permit issued for the West 79th Street Boat Basin mooring fields is for six months commencing May 1. The Department may also issue transient permits for a term to be determined by the Department on a case-by-case basis.
  9. Permittees must submit a written application for the renewal of permits issued for a term of one year no earlier than 90 days and no later than 30 days prior to the expiration of an existing permit. If a permittee does not use the mooring for at least four of the months of May through October, he or she will not be given priority for a renewal unless written notification of extended absence is given to the Department prior to July 1. All outstanding fees, charges, fines, and civil penalties due the Department must be paid before a renewal application will be considered.
  10. The chief dockmaster may revoke, terminate, or refuse to renew any permit issued pursuant to this chapter (1) where the applicant for renewal or permittee has been found liable in a proceeding before the Environmental Control Board or in a court of violating any provisions of these rules or the rules set forth in chapters one and two and, in the case of vessels moored adjacent to the boat basin and piers, chapter three of this title, (2) where the applicant for renewal or permittee has failed to pay any fees, charges, fines or civil penalties within ten days of receipt of written notice from the Department or (3) as provided in subdivision 1 of this section, in accordance with the needs or requirements of the Department or the interests of the City as determined by the Commissioner. The Department shall send by certified mail notice of the intention to revoke, terminate, or refuse to renew a permit and the reasons therefor. In the event that a mailing address is unknown or mail is returned undelivered, such notice may, in lieu of mailing, be posted in a conspicuous place on the vessel. A permittee or applicant for renewal may file written objections with the Commissioner within 15 days from the date of such mailing or posting, whichever is later. After considering any objections raised by the applicant or permittee, the Commissioner shall make a final determination whether to affirm or reverse the chief dockmaster’s determination to revoke, terminate or refuse to renew the permit and shall provide notice of such determination to the permittee or applicant in the manner provided herein.
  11. Nothing in this chapter shall be construed to create a property right in any permit. All permits issued by the Department are by their nature terminable at will by the Commissioner in accordance with the needs or requirements of the Department or in the interests of the City as determined by the Commissioner.
  12. The Department may impose reasonable conditions on the issuance of a permit to protect public safety and to safeguard the interests of the City, including but not limited to a requirement that the permittee or applicant have his or her mooring inspected or obtain appropriate insurance and submit satisfactory evidence of having complied with such conditions.
  13. Where a permit is revoked, terminated or not renewed, the vessel and all parts of the mooring, including anchors, chains and buoys, must be removed from the mooring field within 30 days after notice by the Department to remove the same is sent by certified mail to the applicant or permittee. In the event that a mailing address is unknown or mail is returned undelivered, such notice may, in lieu of such mailing or hand delivery, be posted in a conspicuous place on the vessel. Where the vessel and mooring are not removed within 30 days after the mailing or posting of such notice, whichever is later, the Department may remove the vessel and mooring or cause the same to be removed from the mooring field. The permittee or owner shall be liable for the costs of removal and storage of the vessel and mooring, payable prior to release of the same. Any vessel or mooring removed from the mooring field that is not claimed within 30 days may be deemed to be abandoned and shall be treated in accordance with applicable law.
  14. Every applicant and permittee must provide the Department with a day and evening telephone number as well as an e-mail and/or mailing address in writing at which he or she may receive notice required by these rules or other applicable law. Any changes in telephone number, e-mail, or mailing address must be reported in writing to the Department within 10 days.

§ 4-05 Waiting List.

The Department shall maintain a waiting list for the issuance of permits, which shall be available upon request from the Department.

§ 4-06 Conduct and Clean Boating.

(a)  No person at any mooring field shall urinate or defecate into the water. No person shall use a toilet that discharges into the water without marine sanitation devices approved by the New York State Department of Environmental Conservation.
  1. Composting toilet systems are not permitted.
  2. All vessels with waste holding tanks must discharge waste through the pump out station or by other methods approved by the New York State Department of Environmental Conservation.
  3. No person shall discharge into the water or on the docks and walkways any oil, spirits, drift, debris, inflammable liquids, rubbish or refuse.
  4. No person shall bring or park a motor vehicle on the promenade or docks without the prior written approval of the dockmaster.
  5. No person shall make or cause or allow to be made unreasonable noise in the mooring field so as to cause public inconvenience, annoyance or harm. Unreasonable noise means any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivity or injures or endangers the health or safety of a reasonable person of normal sensitivity. The Department may restrict the outdoor use of radios, record players, compact disc players, television receivers, tape recorders, digital music players and other sound reproduction devices after 11 p.m. Sunday through Thursday and after 12 p.m. on Friday and Saturday.
  6. No person shall make an open fire on any vessel while alongside any dock or within the confines of the mooring fields.
  7. Garbage shall be placed in plastic bags and deposited in designated receptacles.
  8. No person shall store or use any machinery or equipment for welding or burning where such storage or use is prohibited by the fire code or other law or rule.
  9. No person shall ride or store a bicycle or other vehicle on the walkways and docks.
  10. Any person who engages in disorderly behavior as defined in 56 RCNY § 1-04(i), paragraphs (6), (7) and (9), in addition to any other applicable penalties, be expelled immediately from the marina facility.
  11. No person shall run or skate on the dock.
  12. No person shall swim, dive, or fish from vessels, docks, or finger piers, except in areas specifically designed for such purposes.
  13. No person shall leave any entrance gate to the marina or boat basin open or unlocked.
  14. No person shall admit someone unfamiliar to themselves into the marina or boat basin. Any unfamiliar person is to be directed to the marina or boat basin office.
  15. No person shall advertise from a vessel while docked or moored at a Department facility.
  16. The New York waters of the Hudson River are an Environmental Protection Agency (EPA) designated “No Discharge Area” (NDA). No person shall discharge any boat sewage from a holding tank or portable toilet or use a direct discharge toilet anywhere in the river, from the Battery to Troy Dam. All sewage must be emptied at a pumpout station.
  17. On water bodies that are not designated NDA, boaters must discharge treated sewage from a Type I or Type II United States Coast Guard certified Marine Sanitation Device (MSD) unless at least three nautical miles or more from shore.
  18. No person shall transport cans of fuel on marina, piers, or boat basin docks or piers unless authorized by the dockmaster in the dockmaster’s reasonable discretion. Vessels must fuel at gas docks.
  19. As per New York State Department of Environmental Conservation regulations, vessel owners must receive pre-approval from the dockmaster before applying anti-fouling paint to their vessel. Paint scrapping must be disposed of in designated areas. Containment systems must be used and boat maintenance may not be performed near water or sewer drains.
  20. Hoses and water lines must be turned to the closed position upon completion of use. Water lines must never be left running unattended or for extended periods of time.
  21. No person may offer or provide any form of tip, money, gift or any other gratuity to any City employee at any facility. No person may procure any services from Department staff except as specifically allowed under these rules. Violations of this provision will result in termination of any permit and will bar the violator from any Department facility for a minimum of 24 months. Objections to termination of a permit or denial of permit eligibility shall be available under subdivision n of 56 RCNY § 3-06.

§ 4-07 Mooring of Vessels.

(a)  All vessels moored at the boat basin shall be secured to the mooring provided by not less than two mooring bridles. The boat basin provides mooring lines at the beginning of the summer season. The permittee is expected to maintain or replace lines as needed throughout the season. All vessels at the Sheepshead Bay or Great Kills Harbor mooring fields shall be secured by moorings meeting the following requirements:

   (1) The anchor, chain and pendant of all moorings shall meet the following requirements:

      (A) the anchor scope shall be at least three times the distance from the land under the water of the harbor to mean high water;

      (B) the pendant safe working load shall be at least four times the anchor weight;

      (C) the anchor type shall be either mushroom or navy;

      (D) (i)  if the vessel length is 15 feet or less, each anchor shall weigh at least 100 pounds and be connected to a buoy by a metal chain no less than 5/16 inches in diameter, and the pendant shall be at least 4 feet in length; (ii) the vessel length is greater than 15 feet but not greater than 21 feet, each anchor shall weigh at least 150 pounds and be connected to a buoy by a metal chain no less than 3/8 inches in diameter, and the pendant shall be at least 8 feet in length; (iii) if the vessel length is greater than 21 feet but not greater than 26 feet, each anchor shall weigh at least 200 pounds and be connected to a buoy by a metal chain no less than 3/8 inches in diameter, and the pendant shall be at least 10 feet in length; (iv) if the vessel length is greater than 26 feet but less than or equal to 65 feet, each anchor shall weigh no less than 10 pounds per foot of vessel length and be connected to a buoy by a metal chain no less than 1/2 inch in diameter for each anchor weighing no more than 400 pounds, or not less than 5/8 inches in diameter for each anchor weighing more than 400 pounds, and the pendant shall be at least 10 feet in length.

   (2) Moorings in the special anchorage area in Sheepshead Bay shall be secured by two anchors. Moorings in all other mooring fields shall be secured by one anchor, provided, however, that the Department may require the use of two anchors in any mooring field in order to provide additional positions at which moorings may be located or to enhance the safety of existing mooring locations.

   (3) Mooring buoys shall be spherical, made of a hard plastic outer shell and filled with foam. Mooring buoys shall be capable of transmitting the strain exerted on the road through its center. The buoys shall be of a size that, given the weight of chain to be suspended and the strain expected to be exerted on the rode, there shall be at least 12 inches of the buoy exposed above the surface of the water.

   (4) Buoys shall be painted with the permit number and the mooring location in black block letters no less than three inches high.

   (5) Fixed mooring piles or stakes are not permitted.

  1. Vessels must be moored at locations designated by the Department. The location assigned to the permittee shall be determined by the Department based on vessel size, type, water depth and safety considerations. No vessel shall be moored in such a manner as to interfere with the use of a duly authorized mooring location or regular traffic channel. Mooring locations may not be changed or exchanged without the prior written approval of the Department.
  2. All vessels shall be adequately tied to their moorings and shall have sufficient lines to secure the vessel in all wind and weather conditions. The Department may affix additional lines as necessary to ensure the safety of people or property.
  3. All parts of the mooring, including the buoys, anchors and chains, shall be supplied and installed by the permittee and shall remain the property of the permittee at the mooring fields at Sheepshead Bay and Great Kills Harbor.
  4. Moorings shall be inspected for deterioration at least every two years and repaired or replaced if necessary. The Department may require, as a condition of renewing a permit, evidence that an inspection has been made, including a description by the person who made the inspection of the condition of the mooring and the qualifications of such person to make such inspection.
  5. Vessels and moorings may be temporarily relocated in an emergency or to accommodate dredging or other work in the mooring field. When a vessel or mooring must be removed to accommodate such work, the Department will give the permittee or owner 45 days written notice to remove the vessel or mooring. If the vessel or mooring is not removed within 45 days, the Department may remove the vessel and mooring, or cause the vessel or mooring to be removed and recover all costs associated with moving and storage from the permittee or owner.
  6. Vessels which are improperly secured to the wrong mooring or area may be towed to the assigned mooring by the Dockmaster or marina division staff and the appropriate Labor Rate shall be charged to the owner of such vessel.

§ 4-08 Condition of Vessels.

All vessels in the mooring field and all equipment thereon must be maintained in good order and free of any hazard to persons or vessels. All vessels in the mooring field shall comply with all federal, state and local laws, rules and regulations concerning the condition of vessels and equipment.

§ 4-09 Operation of Vessels.

No vessel within a mooring field may be navigated at a speed in excess of 5 miles per hour. Any person operating a vessel in a mooring field shall comply with all federal, state and local laws, rules and regulations concerning the safe operation of vessels, including the Inland Navigational Rules (33 U.S.C. §§ 2000 et seq.). No vessel may pull up to or depart a mooring or transit through a mooring field using sail as the sole source of motive power.

§ 4-10 Required Safety Equipment.

All vessels in the mooring fields must have on board at all times all equipment required by the Coast Guard or by any other federal, state or local law, rule or regulation.

§ 4-11 Sunken, Abandoned or Delinquent Vessels and Dinghies.

(a) The dockmaster may require that any vessel or dinghy which sinks be removed from the facility until appropriate repairs are made. A sunken vessel or dinghy shall be removed from the mooring fields within 48 hours after oral or written notice by the Department to remove the vessel or dinghy. Upon request of the permittee or the owner of the vessel or dinghy, the Department may, in writing, extend the time for removal of the vessel or dinghy. If the vessel or dinghy is not removed within the allowed time, the Department may remove the vessel or dinghy or cause it to be removed and may recover the cost associated with removal and of storage or disposal of the vessel or dinghy from the permittee or owner of the vessel or dinghy. If the Department determines that a sunken vessel or dinghy is discharging pollutants into the water or causing any other kind of an emergency, the Department may take action to stop the cause of pollution and may remove or cause the vessel or dinghy to be removed, without prior notice to the permittee or owner of the vessel or dinghy, and recover all costs associated with removal and storage or disposal of the vessel or dinghy from the permittee or owner of the vessel or dinghy.
  1. In the event that the permittee or vessel owner fails to pay for a permit or the repair and service of such vessel and equipment, the Department may detain the vessel until such sum is paid. In the event that such outstanding sum is not paid in full within 90 days, the Department may secure such vessel with chains and/or locks, or cause such vessel and equipment to be moved to a non-active slip or pier, be disposed of as abandoned property, or be sold at auction. The permittee will be responsible for all costs related to storage of the vessel, disposal, and all outstanding obligations.

§ 4-12 Dinghies, Kayaks and Canoes.

A permittee may store one dinghy, kayak or canoe under 14 feet in length on or alongside the permitted vessel without obtaining a separate permit for such dinghy, kayak or canoe. In all other cases, including but not limited to personal watercraft, a separate permit must be obtained for each vessel.

§ 4-13 Orders.

The Department may issue any orders which may be necessary or appropriate to enforce compliance with these rules or the rules set forth in chapters one and two and, in the case of vessels moored adjacent to the marina, piers or boat basin, chapter three of this title. It shall be a violation of these rules to fail or refuse to comply with such orders.

§ 4-14 Unlawful Use of Vessel.

No person shall permit or cause any vessel or any portion thereof to be used or occupied for an illegal purpose.

§ 4-15 Penalties.

In addition to any penalties provided for in this chapter, violations of these rules shall be punishable as provided in 56 RCNY § 1-07.

§ 4-16 Commercial Mooring Permits; Fees.

(a)  Commercial mooring permits may be issued at the boat basin to operators of commercial vessels upon terms to be determined by the Commissioner. The Commissioner is authorized to exempt holders of these commercial permits from the rules set forth in 56 RCNY Chapter 3 and 56 RCNY Chapter 4.
  1. Permit fees are strictly in accordance with published schedules. Permit fees at the 79th Street Boat Basin shall be paid in advance to cover the full boating season. No refunds shall be made in any instance. Charges for all services shall be paid within 15 days of receipt of billing or a 2% late fee shall be assessed each month. No cash will be accepted for transactions. All boat basin transactions must take place in the marina office. Depending on available space, summer seasonal customers at the boat basin may be allowed to arrive prior to May 1 and/or depart after October 31. In such instances, a half-month pro-rated charge, based on the associated six-month summer permit, will be applied from April 15 to April 30 and/or from November 1 to November 15. Any seasonal permittee arriving prior to April 15 and/or departing after November 15 will be billed the daily transient rate for the period of time at the boat basin prior to April 15 and/or after November 15. Extensions are solely at the discretion of the dockmaster, marina manager or marina administrator. Pro-rated charges for monthly moorage services of three months or more may be authorized by the dockmaster, marina manager or marina administrator. All requests for pro-rated charges for services are subject to Department approval. Pro-rated charges will not be applied for any services with a waiting list. Permitted seasonal mooring customers moored to a painted transient mooring buoy without prior authorization from the dockmaster, marina manager or marina administrator will be billed at the transient mooring rate for each day they are on a transient mooring. Mooring at West 79th Street Boat Basin (May 2012 and subsequent years)

~

Chapter 5: Rules Governing Tree Replacement

§ 5-01 Removal of Trees.

(a) Any person who intends to remove any tree under the jurisdiction of the Department shall apply for and obtain a permit under this chapter prior to such removal.
  1. If the Department approves a removal request for a tree, issuance of a permit under this chapter shall require the applicant to pay a fee to the Department sufficient to cover the cost of replacing any tree proposed to be removed as set forth in this chapter, unless otherwise permitted by law. The applicant shall indicate in writing whether they intend to plant the required number of replacement trees, as directed by the Department, or requests that the Department plant such replacement trees at applicant’s cost.
  2. In addition to all other legal remedies, the Department shall seek damages, as applicable, as determined under 56 RCNY § 5-02(d)-(f), from any person who violates 56 RCNY § 1-04(b)(1)(i).

§ 5-02 Determination of Replacement Trees.

(a) Determination of replacement trees. The number of trees needed to replace each tree approved for removal shall be determined by calculating the size, condition, species and location rating of the tree proposed for removal. If a removal permit is approved by the Commissioner, the Department, no later than ninety (90) days following the filing of a completed application for a permit, shall inform the applicant, based on the factors herein, the number and size of replacement trees to be planted and the period of time during which the replacement trees shall be planted and the fee for such replacements. In order to determine the applicable rating for any tree approved for removal the Department horticultural officer shall take into consideration the following:

   (1) Size. The size rating of a tree shall be determined by measuring the diameter of the tree at breast height (four and one half (4 1/2) feet above the ground) and then calculating the cross sectional area of the trunk in square inches.

   (2) Condition. The condition rating of a tree shall be based on the following factors:

      a. The structure and health of its roots;

      b. The structure and health of its trunk;

      c. The structure and health of its branches;

      d. The health of its small branches and twigs; and

      e. The health of its foliage and/or buds. However, if the Department determines, after consulting with the applicant, that a tree requested for removal is dead or seriously diseased, or otherwise represents a hazard to public safety, such tree will not result in any required replacement trees unless the hazard was caused by actions of the applicant.

   (3) Species. The species rating of a tree shall be based on the magnitude and longevity of the services and benefits the species provides in the City. Magnitude and longevity are established by tree stature at maturity (i.e., mature height), and expected tree lifespan.

   (4) Location. The location factor of a tree shall be determined by considering how well the site supports the tree’s biological, physical and chemical needs; and a tree’s placement in the landscape with respect to both the tree’s positioning within and its relationship to its surroundings.

      a. The rating of the site where a tree is growing is established by considering the following:

         i. whether the site is in a park or landscaped area with ample belowground and overhead growing space;

         ii. whether the site is in the street but there is enough above and below ground space to support the tree;

         iii. whether the species of tree is tolerant of the site’s difficult growing conditions, if any;

         iv. whether the site is physically limiting to the tree, but the tree’s stature and root system are appropriate for current adjacent infrastructure (e.g., small stature under utility wires or next to a building or retaining wall);

         v. whether the tree is negatively impacted by existing site infrastructure;

         vi. whether the site contains objects, such as houses, power lines, or playgrounds, in the path of tree should it fall and the tree is of a structurally sound species;

         vii. whether physical space limitations at the site will challenge the success of the tree over time;

         viii. whether the species of tree is only moderately tolerant of the site’s difficult growing conditions, if any;

         ix. whether the tree’s stature or root system is inappropriate for adjacent current site infrastructure (e.g., large tree under utility wires or too close to a building foundation or bridge parapet); and

         x. whether the site contains objects, such as houses, power lines, or playgrounds, in the path of tree should it fall and the tree is of a structurally weak species.

      b. The rating for a tree’s placement in its surrounding landscape is determined by considering the following:

         i. whether the tree is a native species in or adjacent to a natural area or large park;

         ii. whether the tree is a historic specimen or part of a grove, or is an original planting in a historic landscape;

         iii. whether the tree is the only, or one of a few, in the area;

         iv. whether the tree is extremely complimentary to or prominent within an adjacent view, land use, structure or natural landscape element;

         v. whether the tree is one of a group of plantings and its individual loss would have minimal visual or environmental impact on the entire group of plantings;

         vi. whether the tree is very important within a group of other plantings, such as an allée or along an even-aged block, and its loss would be of high impact to that planting group; and

         vii. whether the tree provides exceptional services based on its location (e.g., shade in a playground or sitting area, property value in front of a building, stormwater absorption in or near a wetland).

   (5) a. Number of Replacement Trees. Based on the factors established in 56 RCNY § 5-02(a)(1) - (4), the Department will determine the required number of replacement trees.

      b. In no case shall the number of replacement trees equal less than one caliper inch of replacement tree for each caliper inch of tree removed.

   (6) Calculation of Fee for a Tree Removal Permit. The Department will determine the total fee for a tree removal permit pursuant to 56 RCNY § 5-01(a) by multiplying the number of required replacement trees by the cost per tree, which is determined by calculating the average planting price for a three (3) inch caliper street tree as derived from all Department planting contracts for the City fiscal year preceding the date of the permit application.

   (7) The timing for planting replacement trees shall be determined by the Department’s horticultural officer and stated within the permit unless otherwise permitted by law. However, each replacement tree under such a permit shall be planted no later than sixty (60) days after the project for which the tree removal was requested has been completed, or in the next ensuing spring or fall season after such project is completed or earlier as agreed by the applicant and the Department.

   (8) Size of Replacement Trees. All replacement trees will be three (3) inch caliper, unless otherwise authorized by the Department.

  1. Payment to the Department.

   (1) If a person granted a permit pursuant to 56 RCNY § 5-01(a) requests that the Department plant any required replacement trees, such person shall pay the required fee to the Department prior to the issuance of any such permit unless otherwise permitted by law.

   (2) If a person granted a permit pursuant to 56 RCNY § 5-01(a) and subject to paragraph one of this subdivision intends to plant any required replacement trees, such person shall notify the Department in advance and pay the required fee to the Department prior to the issuance of any such permit. If the required replacement tree(s) are planted by the permittee as directed by the Department, the Department shall return any such fee within sixty (60) days of confirmation by the Department that such trees were properly planted by permittee. If any such tree(s) is not replanted as directed by the Department by the time specified within the permit, the Department shall retain such fee for the purpose of planting said replacement trees.

  1. Irreparable Tree Damage. If a tree is damaged beyond recovery or if it is damaged so that it poses a safety risk, as determined by the Department, it shall be removed, including its stump, at the permittee’s expense if a permit is in effect pursuant to 56 RCNY § 5-01(a), or at the expense of the person responsible for such damage if no permit is in effect. In such instances, the tree shall be evaluated for replacement purposes pursuant to 56 RCNY § 5-02(a) based on its condition prior to suffering irreparable damage.
  2. Destruction and Tree Removal. If a tree is destroyed and removed without a permit pursuant to 56 RCNY § 5-01(a), there shall be a rebuttable presumption that such tree was in perfect condition prior to such removal. In this instance the tree shall be evaluated pursuant to 56 RCNY § 5-02(a) for all other factors. However, the size of the removed tree shall be determined either by the diameter of the remaining stump or from existing Department records. The cost of the total number of replacement trees to be planted shall equal the appraised value of the destroyed or removed tree.
  3. Injured Trees. If a tree is damaged or injured, but not destroyed or removed, a Department horticultural officer will make the following two (2) appraisals using the method established in 56 RCNY § 5-02(a) in order to determine the value of the damaged or injured tree. The first appraisal shall account for the tree’s condition prior to damage or injury. The second appraisal shall account for the tree’s condition after damage or injury, with all other factors being equal. The difference between the two appraisals shall equal the replacement value caused by the injury and the sum for which the permit holder or person responsible for the injury is responsible.
  4. The location of replacement trees shall be determined by the Department’s horticultural officer unless otherwise permitted by law. To the extent practicable, replacement trees shall be planted within the same community district from which the tree(s) that were the subject of the permit were removed. Where the horticultural officer determines that it is not feasible to plant the total number of replacement trees at the subject location, the person granted the permit under 56 RCNY § 5-01(a) shall be required to plant the remaining replacement trees at locations capable of accommodating such planting, either as close as possible to the property from which the original trees were removed, destroyed or severely damaged, or as the horticultural officer deems feasible. The person granted the permit under 56 RCNY § 5-01(a) may propose in writing to the horticultural officer alternate locations, so that provision may be made for the planting of all required replacement trees. Where the horticultural officer determines that a proposed alternate location or the number of replacement trees proposed to be planted at an alternate location is not feasible, the horticultural officer may select other locations to accommodate the planting of all required replacement trees.

§ 5-03 Tree Planting in Lieu of Obligations under the Zoning Requirements.

If a person or entity is required under Zoning Resolution Article 2, Chapter 6, Section 41 to plant street trees, but pursuant to the Zoning Resolution such person or entity is required or opts to have the Department plant such trees on such person or entity’s behalf, then the person or entity must deposit the cost per tree, which is determined by calculating the average planting price for a three (3) inch caliper street tree based on Department planting contracts for the preceding City fiscal year, in an account of the City as directed by the Department, unless otherwise permitted by law.

Chapter 6: Greenthumb Gardens

§ 6-01 Definitions.

As used in this chapter, the following terms will have the meanings set forth below:

“Accelerated Default.” A Default based in whole or in part upon any conduct, activity, or condition occurring in or immediately adjacent to the Lot and caused by the Gardening Group or circumstances under its control that (i) is contrary to law, (ii) constitutes a public nuisance, or (iii) affects, or poses a threat to, the health or safety of the community in which the Lot and Garden are located.

“Alternate Garden Contact Person.” An individual registered with GreenThumb as the secondary representative of a Gardening Group.

“Alternate Site List.” Either (i) a list of available City-owned vacant land within one-half mile of the Lot upon which an existing Garden is located, including the address, block and lot, and approximate size of each parcel of land contained therein; (ii) where there is no such available City-owned vacant land within one half mile of such Lot, a list of available City-owned vacant land within the community district in which such Lot is located, including the address, block and lot, and approximate size of each parcel of land contained therein; or (iii) a statement that there is no available City-owned vacant land within either one half mile of such Lot or within the community district in which such Lot is located.

“Alternate Site Notice.” A notice that transmits an Alternate Site List to a Garden Contact Person and Alternate Garden Contact Person and, if such Alternate Site List contains available City-owned vacant land, states that (i) the Garden Contact Person may select any site from such Alternate Site List and inform the Department and GreenThumb of such selection in writing within 45 days after the date of such notice, (ii) failure to inform the Department and GreenThumb of the selection of a site from the Alternate Site List within 45 days after the date of such notice will be deemed to be a rejection of the offer, (iii) rejection of the offer may result in a Transfer without relocation of the Garden, and (iv) if the Garden Contact Person accepts a site from the Alternate Site List, GreenThumb will offer an opportunity to register and license such new site. The Alternate Site List may be incorporated into the text of, and will in any event be deemed to be incorporated by reference in, the Alternate Site Notice.

“City.” The City of New York.

“Default.” A Gardening Group’s failure or refusal to (i) comply with GreenThumb Registration requirements, (ii) complete the Registration process, (iii) comply with the terms of its Registration, (iv) comply with GreenThumb License requirements, (v) enter into a License, or (vi) comply with its License.

“Default Notice.” A notice from the Department or an Other Agency directing a Gardening Group to cure an Accelerated Default within 30 days after the date of such notice or a notice to cure a Default within 6 months after the date of such notice. Copies of such notices shall be sent to the council member for the council district in which the Garden is located and the community board of the community district in which the Garden is located.

“Garden.” A community garden that is registered and licensed with GreenThumb and located on a Lot.

“Garden Contact Person.” An individual registered with GreenThumb as the primary representative of a Gardening Group.

“Garden Review Process.” The process set forth in 56 RCNY § 6-05 to be followed in connection with the Transfer of any Lot.

“Garden Review Statement.” A written statement, prepared by the Department in accordance with 56 RCNY § 6-05(b)(4), describing a Lot, the existing Garden on such Lot, and the proposed Transfer of such Lot.

“Gardening Group.” An organized group of individuals who maintain a Garden and are collectively represented by the Garden Contact Person. The Garden Contact Person shall by April 15 of each calendar year provide a list to GreenThumb of the names and contact information for all members of the Gardening Group.

“GreenThumb.” A division within the Department responsible for the City’s urban gardening program.

“License.” An agreement between the Department or an Other Agency and a Licensee providing a license to operate a Garden on a Lot for a set term subject to requirements set forth therein, unless earlier terminated.

“Licensee.” A Gardening Group, acting through its Garden Contact Person, pursuant to a License.

“Lot.” A parcel of City-owned land under the jurisdiction of the Department that contains a Garden at any time on or after September 17, 2010.

“New Garden.” A community garden on available City-owned land identified on or after the effective date of this chapter and accepted for registration and licensing as a community garden by GreenThumb and transferred to the Department by the agency having jurisdiction over such City-owned land.

“Other Agency.” A governmental agency or entity other than the Department.

“Retention Agreement.” A written agreement between the City, acting by and through the Department or an Other Agency and a Gardening Group, acting by and through its Garden Contact Person, providing for (i) the retention of part or all of a Garden as a community garden and/or open space as part of a project to be developed, or (ii) the relocation of the Garden to an alternate site. Gardens that are retained or relocated pursuant to a Retention Agreement remain subject to the GreenThumb Registration and License requirements and this chapter.

“Registration.” Written acknowledgment by GreenThumb that a Gardening Group has complied with the criteria set forth by the Department to demonstrate eligibility for a License pursuant to 56 RCNY § 6-03.

“Transfer.” The conveyance of a Lot or, with regard to any Lot under the jurisdiction of the Department, the transfer of jurisdiction over such Lot to an Other Agency for the purpose of devoting such Lot to a use other than as a garden or open space.

“Uncured Default.” A Default that remains uncured six months after the date of a Default Notice or an Accelerated Default that remains uncured 30 days after the date of a Default Notice.

§ 6-02 Application.

This chapter establishes certain procedures with respect to the operation of Gardens registered and licensed with GreenThumb on September 17, 2010, or first registered and licensed with GreenThumb within the exercise of the Department’s discretion after September 17, 2010. This chapter also establishes certain procedures with respect to the Transfer of the Lots upon which such Gardens are located.

§ 6-03 Licenses.

(a) The Department will issue a License if the proposed Licensee and Garden meet the Registration criteria established by GreenThumb. The Department shall renew such License if the Licensee complies with the terms and conditions set forth therein and continues to meet the Registration criteria established by GreenThumb. If the Licensee has not complied with the terms of or fails to renew the License, fails to meet the Registration criteria established by GreenThumb, abandons the Garden, or if an Uncured Default has occurred, the Department will attempt to identify a successor Gardening Group and offer a License to it for the Garden. The Department's efforts to identify a successor Gardening Group will include contacting the local community board and councilmember and may include contacting nearby Gardening Groups. The Department's efforts to identify a successor Gardening Group may begin as early as the Department determines necessary in order to retain the Lot's use as a Garden, but shall not extend beyond 3 months of after any Uncured Default, at which point the Garden is subject to Transfer.
  1. Licenses will set forth terms and conditions under which the Licensee will design and install a plant garden on a Lot and will thereafter maintain such Garden and all plants and conforming structures contained therein (including, but not limited to, all raised plant beds, planters, tables, benches, and other ornamental items) in a safe and orderly condition. The Department may permit other uses of the Lot that are compatible with gardening and are authorized pursuant to the License.
  2. Any license agreement from the City to any party performing work on the Lot or development work on an adjacent property that affects the Lot shall require the licensee to return the Garden to a condition similar to that which existed prior to commencement of said work.
  3. The License will provide that (i) the Licensee accepts the Lot “as is,” in whatever condition it may be on the date the License is fully executed, (ii) the City makes no representation or warranty of fitness of the Lot for gardening purposes, (iii) the Licensee must meet GreenThumb’s Registration and License requirements; (iv) the Licensee must comply with all applicable federal, state, and local laws, rules, regulations, codes, and ordinances, and (v) the Licensee must comply with such other requirements as the Department may establish.
  4. The City will retain title to the Lot and the Licensee will not have any leasehold or other interest in the land comprising such Lot, any improvement thereon, or any equipment provided by GreenThumb.

§ 6-04 Active Gardens to be Preserved; Gardens not Deemed Mapped Parkland.

Except as provided in 56 RCNY § 6-05, all Lots under the Department’s jurisdiction will be used and preserved as Gardens as long as they comply with the Department’s registration and licensing requirements. Lots are not dedicated as, and will not be deemed to be dedicated as, parkland unless they have otherwise been mapped as parkland by the City.

§ 6-05 Garden Review Process.

(a) The Department will comply with the Garden Review Process before any Transfer.
  1. Under the Garden Review Process:

   (1) The Department will notify the Garden Contact Person and the Alternate Garden Contact Person of the proposed Transfer. Such notice may, but will not be required to, be included within the Alternate Site Notice.

   (2) The Department will provide an Alternate Site Notice to the Garden Contact Person and Alternate Garden Contact Person.

      a. The Garden Contact Person may select one site from the Alternate Site List for relocation of the Garden and inform the Department and GreenThumb of such selection in writing within 45 calendar days after the date of the Alternate Site Notice.

      b. The offer contained in the Alternate Site Notice will be deemed rejected, and the Garden Contact Person will have no further right to select a site from the Alternate Site List for relocation of the Garden if (i) the Department and GreenThumb do not receive, within 45 calendar days after the date of the Alternate Site Notice, written notice from the Garden Contact Person that the Gardening Group has selected a site from the Alternate Site List for relocation of the Garden, or (ii) the Department or GreenThumb receives written notice from the Garden Contact Person at any time that the Gardening Group will not select a site from the Alternate Site List for relocation of the Garden.

      c. If the Alternate Site List states that there is no available City-owned vacant land within one half mile of the Lot upon which the existing Garden is located, or within the community district in which such Lot is located if there is no City-owned vacant land within one half mile of the Lot, the provisions of 56 RCNY §§ 6-05(b)(2)(a) and 6-05(b)(2)(b) will not apply.

   (3) Any site on the Alternate Site List will be offered “as is,” and a Gardening Group will be responsible for performing all necessary work on such lot. The Department will, upon request and contingent upon staff availability and resources, assist the Gardening Group with its relocation and gardening efforts at the alternate site. The City will offer the Gardening Group an opportunity to register with GreenThumb for the alternate site, and once registered, obtain a License.

   (4) Before any Transfer, the Department will prepare a Garden Review Statement that includes the following, to the extent that such information exists and/or is contained in the Department’s files:

      a. a description of each affected Lot (including the address, block, and lot of such Lot) and the existing Garden located thereon;

      b. the name, address, and telephone number of the Garden Contact Person and Alternate Garden Contact Person;

      c. the date that GreenThumb licensed each affected Lot for the first time;

      d. copies of the most recent Registration form submitted to GreenThumb by the Garden Contact Person; the two most recent site visit forms prepared by GreenThumb; and at least two photographs of the existing Garden;

      e. the Alternate Site List and a statement of whether the Garden Contact Person has accepted or rejected any sites on such Alternate Site List; and

      f. a description of any proposed Transfer of each affected Lot.

      g. a description provided by the Gardening Group of any programs, activities and events in, and existing features of, the Garden. The above description, which shall be no more than four legal size pages in length, will be included in the Garden Review Statement if submitted to the Department before submission of any application for approval as set forth in 56 RCNY § 6-05(b)(6).

   (5) The Department will send a Garden Review Statement to the Garden Contact Person, the Alternate Garden Contact Person, the council member for the council district in which the Garden is located and the community board of the community district in which the Garden is located by written notice not less than 45 calendar days before any Transfer. The sending of such notice will constitute notice of the proposed Transfer.

   (6) The Department or Other Agency will include a Garden Review Statement in any application for approval of a Transfer pursuant to § 197-c of the City Charter, in any application to the City Council or the Mayor for approval of a Transfer pursuant to Article 15 of the General Municipal Law, Article 16 of the General Municipal Law, or Article XI of the Private Housing Finance Law, and in any application to a Borough Board for approval of a Transfer pursuant to § 384(b)(4) of the City Charter.

  1. If the Transfer of a Lot is disapproved through an applicable public review process, a Garden may remain on such Lot, subject to Registration, execution of a License, and compliance with all GreenThumb program requirements, until approval of a future Transfer of such Lot. Any new approval of such future Transfer will be subject to the Garden Review Process.
  2. In order to facilitate the Transfer of a Lot, the Department may, by notice to the Garden Contact Person and Alternate Garden Contact Person at any time after the Transfer of such Lot is approved through the applicable public review process, terminate or decline to renew the License and direct the Gardening Group to vacate the Lot.

§ 6-06 Exemptions.

(a) Upon execution of a Retention Agreement that provides for the relocation of a Garden to an alternate site, (i) the Lot from which such Garden is to be relocated will no longer be subject to any of the requirements set forth in this chapter, and (ii) the Lot to which such Garden is to be relocated will be subject to the requirements set forth in this chapter.
  1. After the execution of a Retention Agreement that provides for the retention of part or all of a Garden as a community garden as part of a project to be developed, the Transfer that is the subject of such Retention Agreement will no longer be subject to any of the requirements set forth in 56 RCNY § 6-05.

§ 6-07 Miscellaneous.

(a) Any determination by the Department pursuant to this chapter will be made in the Department's sole discretion.
  1. Any notices required pursuant to this chapter will be in writing and will be delivered by regular mail, certified mail, registered mail, or personal delivery, and will also be posted at or near the Garden entrance. Any such notice will be deemed delivered when deposited in an official United States Postal Service receptacle. The Department will make reasonable efforts to provide translations for notices required pursuant to this chapter into the predominant language of the Gardening Group as identified by the Gardener of Record to GreenThumb.
  2. Any Garden must comply with all applicable federal, state, and local laws, rules, regulations, codes and ordinances and is subject to the GreenThumb Registration and License requirements and this chapter.
  3. The Department may establish New Gardens on available City-owned land. New Gardens shall be subject to the same requirements of the Department as any other garden and all other provisions of this chapter concerning registration, licensing and transfer.