9 CRR-NY 300-3.2NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE G. OFFICE OF GENERAL SERVICES
CHAPTER IV. FACILITIES PLANNING AND OPERATION
SUBCHAPTER A. DIVISION OF BUILDING ADMINISTRATION
PART 300. FACILITY USE
SUBPART 300-3. PROHIBITED AND CONTROLLED ACTIVITIES
9 CRR-NY 300-3.2
9 CRR-NY 300-3.2
300-3.2 Regulated uses.
No person shall engage in any of the following activities or uses on State property, except pursuant to a permit issued by the commissioner and in accordance with the terms thereof and any conditions contained in this section.
(a) Alcoholic beverages.
Consumption of an alcoholic beverage or possession of an open bottle, container, or other vessel containing an alcoholic beverage with intent to consume such in public spaces is prohibited, except when in connection with appropriately authorized and scheduled activities approved by the commissioner and provided that such alcoholic beverages are dispensed by an agent or firm authorized to do so by the commissioner.
(b) Fireworks and explosives.
The introduction, possession or use of fireworks, gun powder, high explosives, blasting materials, detonating fuses, detonators and any agents, smokeless powder or any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may cause an explosion are prohibited, except pursuant to a permit approved by the commissioner and all necessary authorities.
(c) Public assembly.
Public assembly is allowed in public spaces designated for such activity upon the issuance of a permit by the commissioner pursuant to section 302-1.6 of this Part.
(d) Sound amplifiers, loudspeakers.
(1) No person shall, without obtaining a permit from the commissioner, use or operate any sound amplifiers or loudspeakers on State property. This section will be deemed to include all instruments that emit sound at a volume louder than 90 decibels indoors and 95 decibels outdoors. Fire, police, emergency medical or military personnel in the performance of their duties are exempt from the provisions of this section.
(2) A permit for the operation of sound amplifiers or loudspeakers in connection with orderly public assemblies, special events and other such affairs may be issued by the commissioner in accordance with the application procedures for public assembly. The application shall be made and signed by the person having charge or control of such loudspeakers and shall be in the form prescribed by the commissioner. The permit will be non-transferable and it may be canceled if the sound annoys, disturbs or injures the health or comfort of persons subjected to the sound. The type and E.I.A. power rating of the amplification equipment to be used must be approved by the commissioner.
(3) Notwithstanding the above, no person shall make or cause or allow to be made, unreasonable noise in any public space so as to cause public inconvenience, annoyance or harm. Unreasonable noise means any excessive or unusually loud sound which 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 damage to property or disruption of State operations.
(4) No person shall play or operate any musical instrument or cause any noise for advertising or commercial purposes except under the express terms of a permit issued by the commissioner.
(5) No person shall play or operate any musical instrument or cause any noise for any purpose in any location designated by the commissioner as a memorial or otherwise designated as a quiet zone, at which such activity would unreasonably disturb the quiet and peaceful enjoyment of those in attendance at such location except during an authorized ceremony or memorial sponsored by the commissioner.
(e) Commercial activities.
No person shall engage in any commercial activity on State property without authorization by the commissioner. Except for transactions pursuant to a contract let by the office or for duly permitted charitable organizations, the exchange of money or payment for goods or services or any other consummation of a commercial transaction, shall be prohibited on State property without specific prior authorization by the commissioner.
(f) Solicitations.
No person shall solicit money or other property from persons on State property without authorization by the commissioner.
(g) Vending.
No person shall sell, offer for sale, hire, lease or let anything whatsoever on State property, except pursuant to and in accordance with the terms of authorization granted by the commissioner.
(h) Posting or distributing written materials.
The display, posting or distribution of advertisements, letters or circulars on State property without first obtaining permission from the commissioner is prohibited at any time. The distribution of non-commercial written materials in traditional public forums in public space is permitted except during special events, and then only when prior permission has been obtained. Written materials may only be distributed upon an indication of interest by the recipient, and, when specified in the permit, only from a fixed location.
(i) Photographing, video taping, televising.
Photographing, video taping and televising is permitted in public space unless restricted by the commissioner. Photographing, videotaping or televising events in non-public space is prohibited except as authorized by of the commissioner and an authorized representative of the tenant agency.
9 CRR-NY 300-3.2
Current through September 15, 2021
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