9 CRR-NY 377.1NY-CRR
9 CRR-NY 377.1
9 CRR-NY 377.1
377.1 Regulated activities.
The following activities are prohibited on property under the jurisdiction, custody and control of the office, except in areas specifically designated therefor, during such hours or seasonal periods specifically authorized and subject to such conditions as may be contained herein or imposed by a region.
(a) The throwing, striking, kicking or catching of any ball, horseshoe or other object or the conduct of any game or athletic activity, or the use of any device or equipment used in any such game or athletic activity.
(b) The engaging in toy or model boating or automobiling.
(c) The use or riding of saddle horses:
(1) No horse shall be left unattended or in an unenclosed space without being securely fastened to a device provided for such purpose.
(2) Saddle horses shall be used or ridden in such a manner so as not to endanger the safety of the public or interfere with the use and enjoyment of a park by others.
(d) The building, kindling, lighting or maintaining of any fire. Fires may be built and maintained only in fireplaces, grills or stoves suitable for cooking purposes, and no fire shall be started or maintained unless under the constant supervision of a responsible person.
(e) The use of a sled, skis, skates or other vehicle, equipment or device used for the purpose of moving over snow or ice on runners, wheels or other means.
(f) Roller skating and skateboarding.
(g) Kite flying.
(h) Swimming, diving, bathing or wading in swimming pools or other waters or walking upon the frozen surface thereof.
(i) The use, launching, beaching, docking, mooring or anchoring of a boat or watercraft used as a means of transportation on water.
(1) No boat or watercraft shall be operated within an area specifically designated for bathing or within the ninth park region within an area specifically designated as a surfing area. For the purposes of the ninth park region only, a bathing or surfing area shall be deemed to include the water area adjacent to and within 1,000 feet of any bathing beach or surfing area on the Atlantic Ocean, Long Island Sound and the bays along the shores of Long Island.
(2) No boat or watercraft shall be operated at a speed greater than five miles per hour in any area designated as a boat basin or anchorage area.
(3) No boat or watercraft shall be operated at a speed greater than 12 miles per hour in those waters designated as the channel system within the ninth park region.
(4) Within those waters designated as the channel system within the ninth park region, no person shall permit a vessel to be moored or anchored except at the edge of a channel and in no case shall a vessel be moored to or anchored within 50 feet of a channel marker or so as to interfere with the full use of the channel.
(5) If any boat or watercraft shall burn, submerge or become disabled, such boat or watercraft shall be removed immediately by its owner or other person having custody thereof. If such boat or watercraft is not removed within 24 hours, the office may have it removed and charge the owner or other person having custody thereof with any expense incurred in relation thereto.
(6) No person shall operate a vessel without having the exhaust from the engine run through a muffler so constructed and used as to muffle the noise of exhaust in a reasonable manner.
(7) Use and operation of vessels in Allegany State Park.
(i) Vessels are permitted only in waters designated for vessel operation.
(ii) The use of inflatable vessels is prohibited.
(iii) The use of motorized vessels is permitted in the Allegany Reservoir.
(iv) In the waters of Quaker Lake, motorized vessels utilizing electric motors of no more than five horsepower are permitted.
(8) Prior to launching, or attempting to launch a boat or watercraft from a boat launch site, a fishing access site, or any other site from which a boat or watercraft can be launched, or leaving such site, the operator shall:
(i) inspect the boat or watercraft for plants, aquatic life, animals, or parts thereof, which are visible, in, on, or attached to any part, including livewells and bilges; the motor, rudder, anchor or other appurtenants; any equipment or gear; or the trailer or any other device used to transport or launch the boat or watercraft that may come into contact with the waterbody; and
(ii) remove any plant, aquatic life or animal, or parts thereof, observed during inspection prior to launching or leaving the site and dispose of it in designated receptacles provided at the site, or if no such receptacle is provided dispose of it in such a manner to avoid contact of the material with the waterbody.
(i) An operator of a boat or watercraft shall not arrive at a boat launch site, a fishing access site, or any other site from which a boat or watercraft can be launched, or leave such a site after exiting a waterbody, without having drained the boat or watercraft, including bilge areas, livewells, bait wells and ballast tanks.
(ii) An operator of a boat or watercraft shall drain the watercraft, including bilge areas, livewells, bait wells and ballast tanks at a distance from the waterbody and in such a manner to avoid contact of the drainage with the waterbody.
(10) The provisions of paragraphs (8) and (9) of this subdivision shall not apply to:
(i) plants not otherwise defined in law or regulation as invasive species affixed to or transported in watercraft for use as camouflage for hunting or wildlife viewing purposes;
(ii) bait, including baitfish, legally used on a waterbody and possessed consistent with all applicable laws and regulations;
(iii) the use of plants or animals for habitat restoration, weed control, scientific research, or other activity approved by the office, consistent with all applicable laws and regulations;
(iv) a dog or other companion animal as defined in section 350 of the Agriculture and Markets Law; or
(v) legally taken game as defined in section 11-0103(2) of the Environmental Conservation Law or fish as defined in section 11-0103(1)(a).
(11) Nothwithstanding paragraph (1) of this subdivision, the use of a paddleboard, windsurfing board or sailboard may be permitted within an area specifically designated for such activities, including a surfing area within the ninth park region. The use of a personal flotation device is required when paddleboarding, windsurfing or sailboarding.
(j) The towing of persons on waterskis or aquaplanes; the use of a surfboard, paddleboard, windsurfing board or sailboard.
A surfboard must have securely fastened to it a tether not exceeding eight feet in length, the free end of which must be securely bound to either the ankle or waist of the surfer. A personal flotation device must be worn at all time when using a paddleboard, windsurfing board or sailboard, or as required by law when operating a boat or watercraft used as a means of transportation on water.
(k) The use or operation of a snowmobile as defined in subdivision 3 of section 21.05 of the Parks, Recreation and Historic Preservation Law.
(1) Notwithstanding the foregoing provision, the operation of a snowmobile during the period beginning one-half hour after sunset and ending at sunrise or the holding of a special event for snowmobiles, including but not limited to races and competitions, shall be permitted only pursuant to a written permit issued by the commissioner.
(2) The operator of any snowmobile shall carry liability insurance in an amount equal to that prescribed by law for such operation on highways and carry evidence of same.
(3) No person shall operate a snowmobile in any area where the snow cover is less than three inches.
(4) No person under 10 years of age may operate a snowmobile on property under the jurisdiction, custody or control of the office.
(5) No person under 16 years of age may operate a snowmobile without having received and in his possession a snowmobile safety certificate issued by the commissioner or unless such person is accompanied by a person at least 18 years of age.
Engaging in the game of golf or in practice therefor:
(1) golfers and caddies must register before play;
(2) only registered golfers and their caddies may enter upon a golf course or practice area or search for lost balls in adjacent areas; and
(3) no person shall commence play at other than designated starting tees.
(m) Taxis and limousines.
(1) Taxis and limousines shall be permitted to pick up and discharge passengers, but shall not be permitted to cruise or solicit passengers. The provision shall not apply to the use or operation of a taxi or limousine in a parkway.
(2) Notwithstanding paragraph (1) of this subdivision, within the Watkins Glen State Park and within the fifth park region, taxis shall be permitted only pursuant to a permit issued by the commissioner.
(n) Motorized two- and three-wheeled vehicles.
Motorized two- and three-wheeled vehicles may be operated on the improved portion of park roads and other designated areas.
Regulation of traffic on highways under the jurisdiction of certain public authorities and commissions, Vehicle and Traffic Law § 1630.
RESEARCH REFERENCES AND PRACTICE AIDS:
13 NY Jur 2d, Businesses and Occupations § 268.
81 NY Jur 2d, Parks, Recreation, and Historic Preservation § 54.
8 Am Jur 2d, Automobiles and Other Vehicles §§ 474, 475, 546.
7 Am Jur 2d, Automobiles and Other Vehicles §§ 11, 301, 387.
40 Am Jur 2d, Highways, Streets, and Bridges § 616.
NY Pattern Jury Instructions, PJI intro preceding 2:75.
9 CRR-NY 377.1
Current through November 30, 2016
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