Section 9003.11 is amended as follows:

No person, except a police officer or other peace officer, shall bring into or have in his possession in any park, any firearms, slingshots, firecrackers, missile propelling instruments, air rifles, air pistols, paintball guns, or explosives, including any substance, compound, or mixture having properties or such a character that alone or in combination with other substances, compounds, mixtures, propel missiles, explode or decompose to produce flames, combustion, noise or noxious or dangerous odors, except as specifically permitted by ParksCorp or BPCA. Nothing in this section shall 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.

Section 9003.12 is amended as follows:

(a) No person shall within any park molest, chase, wound, trap, hunt, shoot, throw [missiles] objects at, kill, or remove [or have in his possession] any [undomesticated] animal or have in his possession any undomesticated animal, or any significant portion of the remains of any [undomesticated] animal, or any nest, [or the young of any undomesticated animal] or the eggs of any [undomesticated animal] amphibian, reptile or bird; or knowingly buy, receive, have in his possession, sell or give away any such [undomesticated] animal or egg taken from or killed within any park.

Section 9003.14 is amended as follows:

No person owning or being custodian or having control of any animal shall cause or allow such animal to be unleashed in any park, except under the express terms of a permit granted by ParksCorp. or within designated animal run areas. Any such animal found at large may be seized and impounded. Properly licensed dogs and cats, restrained by a leash not exceeding six feet in length may be brought into the parks, except in no event are dogs or other animals be allowed to enter any playground, park building, dog free zone or any other area where they are prohibited by ParksCorp. Nothing in this section shall be construed to prohibit [seeing eye or hearing ear dogs in these areas] persons with disabilities from bringing into such areas service animals, including guide dogs, signal dogs, or other animals individually trained to do work or perform acts for the benefit of an individual with a disability, including but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Nothing herein shall limit the rights of persons with disabilities under City, State, and Federal law.

Section 9003.17 is amended as follows:

It is prohibited for any person to engage in disorderly behavior in any park. Any person in any park, including any park street, shall be guilty of disorderly behavior who:

Sections (a) through (j) of Section 9003.17 remain unchanged.

Section 9003.18 is amended as follows:

It is prohibited for any person to engage in loitering for illegal purposes in any park. Any person in any park, including any park street, shall be guilty of loitering who:

(a) loiters or remains in a park for the purpose of engaging, or soliciting another person to engage in sexual activity; or

(b) loiters or remains in any park with one or more persons for the purpose of unlawfully using, possessing, distributing, selling or soliciting marijuana or a controlled substance, as defined in section 220.00 of the New York State Penal Law.

Section 9003.23(a) is amended as follows:

(a) No person shall engage in any commercial activity or commercial speech in any park, including any park street, except pursuant to a permit issued under section 9003.[25]31 and/or section 9003.[26]32 of this Part.

New Sections 9003.25, 9003.26, 9003.27, 9003.28, 9003.29 and 9003.30 are added as follows and Sections 9003.25, et seq. of 21 NYCRR are renumbered as Sections 9003.31, et seq.

Former Section 9003.30, which has been renumbered as Section 9003.36 pursuant to these amendments, is amended as follows:

Alcoholic beverages[; controlled substances]

(a) No person shall bring, possess, distribute, sell, solicit or consume alcoholic beverages [or unlawfully bring, possess, distribute, sell, solicit or consume any controlled substance, as defined in section 220.00 of the New York State Penal Law], in any park, including any park street, playground, or other park property or facility, except [in the case of alcoholic beverages,] where specifically permitted by the ParksCorp or BPCA and applicable law.

Former Section 9003.33, which has been renumbered as Section 9003.39 pursuant to these amendments, is amended as follows:

(a) Any person bringing a bicycle, scooter, skateboard, roller skates or roller blades into any park shall obey all park signs pertaining to the use of such bicycles, scooters, roller skates, skateboard or roller blades. No bicycle, scooter, roller skates, skateboard or roller blades shall be ridden, skated, operated or otherwise used on the grass, or on the upper level of the esplanade, or between the rail and the immediately adjacent benches of the esplanade, or in any sitting or play area, or playground. Bicycles, scooters, roller skates, skateboards and roller blades may be ridden, skated, operated and used in the parks, but only at the times, and in the areas, specifically designated by ParksCorp. No person shall ride, skate, operate or use a bicycle, scooter, roller skates, skateboard or roller blades in a reckless manner. Skateboards or scooters shall not be skated or operated or used on park property, fixtures or equipment in a manner likely to cause damage or injury to persons or property.

(b) Persons operating or using bicycles, scooters, skateboards, roller skates or roller blades shall yield to pedestrians in any part of the parks.

Former Section 9003.41, which has been renumbered as Section 9003.47 pursuant to these amendments, is amended as follows:

No person shall store or leave personal belongings unattended within or adjacent to any park. Personal property left unattended within any park in violation of this section is subject to removal by ParksCorp. ParksCorp will 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. The cost of the removal and storage of such property will be charged to the owner and must be paid prior to release of the property. Any personal property that is unclaimed after 30 days will be deemed to be abandoned and will be turned over to the police property clerk for disposal pursuant to law.

Section 9003.47, which has been renumbered as Section 9003.53 pursuant to these amendments, is amended as follows:

Any violation of these rules, [but only to the extent that these rules are consistent with] provided such violation would also violate any of the provisions of the Administrative Code of the City of New York or the rules and regulations in effect for [all] the parks of the City of New York, shall be a misdemeanor triable in a court with competent jurisdiction and punishable by not more than 90 days imprisonment or by a fine of not more than $1,000, or by both in accordance with section 533(a)(9) of chapter 21 of the New York City Charter, and the violator of these rules shall also be subject to criminal prosecution and civil penalties as permitted by law and the penalties imposed pursuant to section 202(d) and (e) of the New York Not-for-Profit Corporation Law.

Regulatory Impact Statement

STATUTORY AUTHORITY:

Battery Park City Authority (“BPCA”) was created as a public benefit corporation pursuant to New York Public Authorities Law § 1973. BPCA is authorized to adopt, amend or rescind rules and regulations appropriate to carry out its corporate purposes pursuant to New York Public Authorities Law § 1974-c (2)(d). BPCA’s corporate purposes are set forth in New York Public Authorities Law § 1971.

LEGISLATIVE OBJECTIVES:

BPCA was created in 1968 as a public benefit corporation with the purpose of creating a mixed commercial and residential community in Battery Park City with adequate utilities systems and civic and public facilities such as schools, open public spaces, recreational and cultural facilities. Rules and Regulations for parks in Battery Park City (“BPC Parks”) were adopted in 1992. Since that time, activities within BPC Parks have changed. Further, the New York City Department of Parks and Recreation has updated some of their rules and regulations. In an effort to remain consistent with other parks in New York City and to address activities previously not addressed, BPCA seeks at this time to amend and update BPC Parks Rules and Regulations to (1) adopt a smoking ban, (2) further regulate the conduct of the public, (3) enhance and provide for the safety, well-being and enjoyment of each individual who may use BPC Parks, and (4) assure equality of opportunity in the use and enjoyment of BPC Parks.

NEEDS AND BENEFITS:

The proposed action is the amendment of Rules and Regulations for BPC Parks. The most significant change proposed is the prohibition on smoking in BPC Parks, consistent with the smoking ban approved by the New York City Council and Mayor Michael Bloomberg that went into effect in May 2011. The City thoroughly researched the issue and learned that problems associated with smoking outdoors have been studied and documented through measuring outdoor tobacco smoke, the effects of exposure to second-hand smoke, and the amount of litter such behavior generates. On December 31, 2014, a New York appeals court upheld the New York State Office of Parks, Recreation and Historic Preservation’s ban on smoking in New York State parks, finding that such office had the statutory authority to ban smoking, thus allowing all patrons to enjoy the fresh air and natural beauty of its outdoor facilities.

At this time, BPC Parks are almost alone in New York City in failing to prohibit smoking. As such, there may be an incentive for smokers to come to BPC Parks to smoke and, in the process, increase litter and the health risks to other park patrons, thereby diminishing the enjoyment of others in the BPC Parks. In order to be consistent with the other parks in New York City and many other parks across the United States, and to protect both public health and the enjoyment offered by BPC Parks, BPCA seeks to amend its regulations to prohibit smoking in BPC Parks.

COSTS:

No additional costs are anticipated in connection with the adoption of the proposed rules and regulations.

LOCAL GOVERNMENT MANDATES:

Not applicable.

PAPERWORK:

Because BPC Parks are presently operational, no new forms or paperwork will be required in connection with these rules and regulations. The type of paperwork presently utilized consists primarily of permit/special event applications.

DUPLICATION:

The proposed rules and regulations will not overlap with other state requirements. The proposed rules and regulations do not conflict with any applicable federal standards.

ALTERNATIVES:

There were no significant alternatives to the proposed rules and regulations.

FEDERAL STANDARDS:

The proposed rules and regulations do not conflict with any applicable federal standards.

COMPLIANCE SCHEDULE:

Immediate.

A Regulatory Flexibility Analysis is not submitted with this proposed regulation because, as is evident from the nature of the proposed amendments, they will have no adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. The amendments, which are modeled after existing rules for parks in New York City, outline permitted and prohibited uses and activities within parks in Battery Park City.

A Rural Area Flexibility Analysis is not submitted with this proposed regulation because, as is evident from the nature of the proposed amendments, and the fact that the area is located in an urban setting, i.e., the parks located in the approximately 92 acres of land located on the west side of lower Manhattan, they will have no adverse economic impact on rural areas or reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas. The amendments, which are modeled after existing rules for parks in New York City, outline permitted and prohibited uses and activities within parks in Battery Park City.

A Job Impact Statement is not submitted with this proposed regulation because, as is evident from the nature of the proposed amendments, they will have no adverse impact on job opportunities or job development. The amendments, which are modeled after existing rules for parks in New York City, outline permitted and prohibited uses and activities within parks in Battery Park City.