§ 1-04 Prohibited Uses.
RCNY § 1-04
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.
(a)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.
(b)Destruction or abuse of trees, plants, flowers, shrubs and grass.
(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.
(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.
(c)Littering, polluting, dumping, unattended property, and storage of vending-related property.
(d)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.
(e)Aviation.
(f)Explosives, firearms, and weapons.
(g)Abuse of park animals.
(h)[Reserved.] (i) Failure to control animals.
(j)Control and removal of animal waste.
(k)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.
(l)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.
(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.
(m)[Reserved.] (n) 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.
(o)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.
(p)Unlawful camping. No person shall engage in camping, or erect or maintain a tent, shelter, or camp in any park without a permit.
(q)Unlawful spitting. It shall be unlawful for any person to spit or expectorate in or upon any park building, monument or structure.
(r)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.
(s)Unlawful solicitation.
