21 CRR-NY 751.2NY-CRR

21 CRR-NY 751.2
21 CRR-NY 751.2
751.2 General definitions.
(a) Act.
Act means the Hudson River park Act, chapter 592 of the Laws of 1998 of the State of New York and any subsequent amendments thereto.
(b) Authorized swimming and wading areas.
Authorized swimming and wading areas means any designated area within the Hudson River park approved by the New York City Department of Health and Mental Hygiene and maintained for swimming and wading, including the water area and lands under water adjacent thereto.
(c) Board.
Board means the Board of Directors of the Hudson River park Trust.
(d) Charitable event.
Charitable event means an event held for the primary purpose of raising funds for a not-for-profit purpose or entity.
(e) 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.
(f) Dumping.
Dumping refers to the unauthorized disposal of garbage or refuse of any kind.
(g) Emergency.
Emergency means any situation that the trust determines could threaten public health, safety or welfare or presents a risk of imminent personal injury or property damage.
(h) Environmental Control Board.
Refers to the Office of Administrative Trials and Hearings/Environmental Control Board, which board was established pursuant to chapter 45-A of the New York City Charter.
(i) Event.
Event refers to both demonstrations and special events.
(j) Facility.
Facility means a building or structure located within the Hudson River park and under the jurisdiction of the trust.
(k) Floating structure.
Floating structure means any vessel or other water-supported structure, including a floating dock, which is bordered by either open water or a dock and which is or is intended to be moored or attached to a pier, wharf, dock, platform, bulkhead or floatation system for a period of time of more than six months; provided however, that such definition will not include historic vessels as defined herein. Support by means of a cradle or as a result of natural siltation will not exclude from this definition a structure that is normally supported by water.
(l) General project plan.
General project plan means New York State Development Corporation d/b/a The Empire State Development Corporation Hudson River Park Multi-Purpose Project General Project Plan, dated July 16, 1998, and any subsequent amendments thereto.
(m) Historic vessel.
Historic vessel means a vessel manufactured more than 50 years prior to the current calendar year, and any other model, year and type vehicle which has unique characteristics and is determined by the trust to be of historical, classic or exhibition value as defined in the trust’s historic vessel policy.
(n) Hudson River park.
Hudson River park or park means those certain city and State-owned properties, as set forth in section 3 of the act, that are located within the city and county of New York in the areas west of the western border of the Route 9A bikeway/greenway along the Hudson River in lower Manhattan from the northern seawall of Battery Park City to 59th Street, together with certain specified areas along the eastern boundary of Route 9A, including Chelsea Waterside park (aka Thomas F. Smith park) and the area bounded by 14th Street, 15th Street, Tenth Avenue and Route 9A. Such park includes both upland and underwater lands west to the U.S. pierhead line.
(o) Hudson River park Trust.
Hudson River park Trust or the trust means the State public benefit corporation established pursuant to section 5 of the act and charged with the planning, development, operation and maintenance of the park.
(p) Littering.
Littering refers to the unauthorized disposal of ashes, garbage, paper, dust or other rubbish and refuse of any kind whatsoever.
(q) Mooring field.
Mooring field means any water area designated by Hudson River park Trust which has been established by the trust as an anchorage or mooring area for a maximum of 40 noncommercial sailing vessels or any other water areas within Hudson River park as may be designated by the trust for the anchoring or mooring of vessels.
(r) Motor vehicle.
Motor vehicle refers to any automobile, motorcycle, moped, or other land based vehicle propelled by a motor.
(s) Owner/operator.
Owner or operator refers to any person owning, operating, or having the use or control of an animal, vehicle, motor vehicle, vessel or any other personal property.
(t) park sign.
park sign means any placard, notice or sign duly posted by the trust.
(u) Permit.
Permit, unless otherwise specified, means any written authorization issued by or under the authority of the trust for a specified privilege, allowing the performance of a specified act, use or activity within the park.
(v) Permittee.
Permittee means the person whose name appears on a permit.
(w) Person.
Person means any natural person, corporation, society, organization, company, association, firm, partnership, or other entity.
(x) Playground.
Playground means any designated and posted play area for children aged 12 and under, which may include playground equipment, spray showers, and game playing areas.
(y) Police officer.
Police officer as used herein means any member of the Police Department of the City of New York, the New York City parks and Recreation park Enforcement Patrol, the New York State Department of Environmental Conservation Police, the New York State Office of parks, Recreation and Historic Preservation Police, the New York State Police, the New York County Sheriff's Office or any other city or State employee assigned to the park who is a police officer or peace officer as defined in section 1.20 or 2.10 of the New York State Criminal Procedure Law.
(z) Private event.
Private event means an event for which admission is restricted by invitation, ticket or guest list or by other exclusion of the public from the event.
(aa) Public event.
Public event means an event which is open to all members of the public.
(ab) Sexual activity.
Sexual activity means any touching of the exposed sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of a person.
(ac) Sound reproduction device.
Sound reproduction device includes, but is not limited to, any radio, record player, television, musical instrument, tape recorder, cassette or disc player, bullhorn, megaphone, speaker device system and any sound amplifier.
(ad) 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 within the park is requested to be reserved. Special event does not include casual park use by visitors or tourists.
(ae) Vessel.
Vessel means a floating watercraft of any kind, motorized or nonmotorized, including but not limited to a boat, sailboat, motor boat, dinghy, crew shell, canoe and kayak.
(af) Website.
Website means the internet address found at www.hudsonriverpark.org or such other site created, maintained, or approved by Hudson River park Trust.
21 CRR-NY 751.2
Current through July 15, 2021
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