§ 1-05 Regulated Uses.
RCNY § 1-05
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)Assemblies, meetings, exhibitions.
(1)No person shall hold or sponsor any event that significantly interferes with ordinary park use without a permit issued by the Department. Significant interference with ordinary park use includes but is not limited to: harming landscaping, planting, or structures in the park; preventing operations in a specialized area such as a zoo, swimming pool, or skating rink; precluding other events that have a valid permit; unreasonably interfering with enjoyment of the park by other uses. Violation of this paragraph constitutes a misdemeanor.
(2)No person shall hold or sponsor any special event or demonstration without a permit issued by the Department.
(3)No person shall erect any structure, stand, booth, platform, or exhibit in connection with any event without a permit issued by the Department. Violation of this paragraph constitutes a misdemeanor.
(b)Unlawful vending.
(ii)Battery Park, including all perimeter sidewalks.
(iii)Union Square Park, including all perimeter sidewalks.
(iv)Elevated portions of High Line Park.
(4)(i) No vendor in or on any property under the jurisdiction of the Department shall allow any item or items used or offered in conjunction with vending to touch, lean against or be affixed permanently or temporarily to any street or park furniture installed on public property or any rock formation, tree, shrub or other planting.
(v)No vendor shall vend anything over any ventilation grill, cellar door, manhole, transformer vault or subway access grating.
(vi)No vendor shall vend anything directly from any parked or double parked motor vehicle except for food vendors with appropriate Department and New York City Department of Health and Mental Hygiene permits.
(vii)No vendor shall vend anything in an unsuitable location because the location is a specialized area including, but not limited to, a zoo, swimming pool, playground, athletic field or court, or skating rink; (5) No vendor shall vend anything whatsoever using a display stand that: (i) provides less than a twelve (12) foot wide clear pedestrian path measured from the display on the sidewalk or park path to the opposite edge of the sidewalk or park path, except that when there is street or park furniture on the pedestrian path the measurement must be taken from the display to two feet from the street or park furniture in order to determine whether there is less than a twelve (12) foot wide clear pedestrian path; (ii) is placed on any other part of a sidewalk under the Department's jurisdiction other than that which abuts the curb, unless otherwise authorized; (iii) is within any bus stop, carriage horse stand, pedicab stand, or taxi stand, or is within ten (10) feet of any subway entrance or exit; (iv) is within five (5) feet from any street or park furniture, public telephone, disabled access ramp, tree, or from individuals or entities authorized by permit or license by the Commissioner to operate at a specific location; (v) is within ten (10) feet from any crosswalk on any path or on any sidewalk under the jurisdiction of the Department; (vi) is placed within fifty (50) feet from any monument or other public art installation, including, but not limited to ornamental fountains; (vii) occupies more than eight (8) linear feet of public space parallel to the curb or park path; (viii) occupies more than three (3) linear feet in depth; (ix) is more than five (5) feet high or less than twenty-four (24) inches above the sidewalk or park path where the display surface is parallel to the sidewalk or park path, and may not be less than twelve (12) inches above the sidewalk or park path where the display surface is vertical; (x) where a rack or other display structure is placed on the top or above a table or other base, the size of the base is not less than the size of any rack or display structure placed thereon. Nothing shall be placed on the base so as to exceed the size limitations contained in this section; (xi) uses any areas other than that area immediately beneath the surface of the display stand for the storage of items for sale, unless permitted by Department license or permit for the use of a fixed location to store items for sale; or (xii) fails to use an opaque covering to shield any items stored beneath the surface of the display stand.
(6)For the purposes of this section a display stand shall mean a movable, portable or collapsible structure, framework, device, container or other contrivance used by a vendor in any property under the jurisdiction of the Department for the purpose of displaying, keeping or storing any goods, wares, merchandise, foodstuffs or expressive matter.
(7)For the purposes of this section, street or park furniture shall mean any City-installed, maintained or approved structure, including but not limited to, benches, newspaper boxes, tree guards, fire hydrants, trash receptacles, telephone kiosks, newsstands, bus shelters, barricades, bollards, traffic signs, traffic lights, walls, water fountains, or fences located in any property under the jurisdiction of the Department.
(8)Where exigent circumstances exist and a Department employee or police officer gives notice to a vendor to move temporarily from any location such vendor shall not vend from such location. For the purposes of this section, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian or vehicular traffic, the existence of any obstruction in the park, an accident, fire, or other emergency situation, a parade, special event, demonstration, construction project, maintenance operations, or other such event at or near such location, including periods of set up and take down for such exigent circumstances.
(9)Violation of any paragraph of this subdivision constitutes a misdemeanor.
(c)Unlawful posting of notices or signs.
(d)Noise; sound reproduction devices; musical instruments.
(e)(1) Unauthorized commercial cinematic production. No person shall engage in filming or photography subject to the permit requirements of the Mayor's Office of Media and Entertainment ("MOME") or any successor agency except under the express terms of a permit issued by that office. Violation of this paragraph constitutes a misdemeanor.
(f)Alcoholic beverages.
(g)Beaches, boardwalks and pools.
(5)No person shall change clothes except in bath houses or other authorized places. No person shall be nude at any bathing area, beach or pool under the jurisdiction of the Department.
(h)Fishing.
(i)Bicycling and operating pedicabs.
(10)In addition to complying with the provisions of this subdivision (i) of 56 RCNY § 1-05, pedicab drivers shall operate pedicabs in compliance with the provisions of § 20-259 of the New York City Administrative Code.
(11)If there are exceptional circumstances, the Commissioner, in consultation with the Commissioners of the Police, Transportation and Consumer Affairs Departments, shall be authorized, upon notice, to restrict or prohibit any pedicab driver, as defined by § 20-249 of the New York City Administrative Code, from operating his or her pedicab on any park road otherwise designated for pedicab use, for a consecutive period of time, not to exceed fourteen days, or on one or more particular days. For purposes of this paragraph, exceptional circumstances shall include, but not be limited to, unusually heavy pedestrian or bicycle traffic, existence of any obstructions on Department property, a parade, demonstration, special event, or other such similar event or occurrence at or near such location. Notwithstanding the preceding provisions of this paragraph, the Commissioner may restrict or prohibit the operation of pedicabs within property under the jurisdiction of the Department for periods of time in excess of fourteen days when such restrictions apply to bicycles or other types of vehicles.
(j)Boating.
(k)Unlawful ice activity.
(l)Planting. No tree, plant, flower, shrubbery or other vegetation shall be planted in any area under the jurisdiction of the Department without the Department's written approval and any necessary approval from the Department of Transportation. Trees planted, pursuant to the Department's approval shall become the property of the City after a guarantee period of one year has been satisfactorily completed.
(m)Unlawful fires.
(n)Unlawful operation and parking of motor vehicles.
(o)Unauthorized construction on park property. No person shall perform or cause to be performed construction work of any kind or any work incidental thereto, including, but not limited to, construction staging, except, pursuant to a permit issued by the Department. Violation of this subdivision constitutes a misdemeanor.
(p)Unauthorized excavations. No person shall perform, cause, suffer, or allow to be performed any excavations or similar activity that significantly disrupts park property within or adjacent to any park property without a permit issued by the Department. Violation of this subdivision constitutes a misdemeanor.
(q)Horse riding.
(r)Area use restrictions.
(s)Exclusive areas. Areas within the parks designated by the Commissioner for exclusive use by means of posting signs shall include: (1) Exclusive children playgrounds: Adults allowed in playground areas only when accompanied by a child under the age of twelve (12). Violation of this paragraph constitutes a misdemeanor.
(t)Unlawful distribution of products and materials. No person shall engage in the non-commercial distribution of products and/or material (other than printed or similarly expressive material) without a permit issued by the Commissioner. A permit shall be issued only upon the Commissioner's determination that said distribution will be conducted in a manner consistent with the public's use and enjoyment of the park or facility in question. In making this determination, the Commissioner will consider the nature of the product or material, whether the product or material is compatible with customary park uses, whether the product or material is intended to be used in the park or facility, the age of the targeted audience for the product or material, and whether the area in the park or facility where the distribution will take place is appropriate for such distribution, considering, e.g., its proximity to areas designed for children, quiet zones or other areas designed for activities not compatible with such distribution. In connection with the foregoing, the Commissioner may consult with parental groups which are involved with the park or facility where a permit for distribution is requested. The Commissioner may also impose conditions upon the distribution of products and materials consistent with the concerns reflected by the factors listed above. Products and/or materials may be distributed only upon an indication of interest by the recipient, and only from a fixed location specified in the permit.
(u)In-line skates. No person shall use in-line skates in any park except for park drives or areas designated for such use by the Department, and at times designated for such use. No person shall use in-line skates in a reckless manner, or so as to endanger persons or property. (Amended City Record 5/12/2015, eff. 6/11/2015; amended City Record 6/13/2017, eff. 6/13/2017; amended City Record 2/28/2025, eff. 3/30/2025)
