§ 18-108.1 Prohibitions on beaches.
AC § 18-108.1
a. For the purposes of this section, the following terms shall have the following meanings: (1) "All terrain vehicle" or "ATV" shall mean any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on public highways provided that such vehicle does not exceed sixty inches in width, or eight hundred pounds dry weight. This definition shall not include a "snowmobile" or other self-propelled vehicles manufactured for off-highway use which utilize an endless belt tread.
(2)"Authorized emergency vehicle" shall mean every ambulance, police vehicle or bicycle, correction vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle and ordinance disposal vehicle of the armed forces of the United States.
(3)"Beach" shall mean land along the shores of an ocean, bay, estuary, inlet or river of New York City landward from the mean low water line extending contiguously to the place where there is a distinct difference in topography which may be demarcated by the furthest of either (i) a vegetation line; (ii) an artificially-made feature generally parallel to the ocean, bay, estuary, inlet or river, such as, but not limited to, a retaining structure, seawall, bulkhead, parking area or road, except that land that extends under an elevated boardwalk is considered to be a part of the beach; or (iii) the landward toe of the dune, which is furthest from the ocean, bay, estuary, inlet or river and twenty-five feet landward from that point.
(4)"Dune" shall mean a natural or artificially-made ridge or hill of vegetated or drifting windblown soil, the principal component of which is sand, that lies generally parallel to and landward of the shore. However, a dune shall not mean a small mount of loose, windblown sand found on a park, road or structure.
(5)"Motor vehicle" shall mean any vehicle designed to be operated or driven upon a public highway which is propelled by any power other than muscular power, except (i) electrically-driven mobility devices operated or driven by a person with a disability, (ii) vehicles which run only upon rails or tracks, (iii) snowmobiles as defined in article forty-seven of the vehicle and traffic law, and (iv) all terrain vehicles as defined in article forty-eight-B of the vehicle and traffic law.
(6)"Motorcycle" shall mean any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
(7)"Owner" shall mean a person, other than a lien holder, having the property in or title to a vehicle or vessel. The term includes a person entitled to the use and possession of a vehicle or vessel subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle or vessel having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days.
(8)"Operator" shall mean any person who uses a motorcycle, all terrain vehicle, snowmobile or motor vehicle.
(9)"Snowmobile" shall mean any self-propelled vehicle designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats.
(10)"Toe" shall mean the lowest point on a slope of a dune. b. No unauthorized person may operate any motorcycle, all terrain vehicle, snowmobile or motor vehicle on a beach under the jurisdiction of the commissioner. An authorized person shall include (1) a person operating a motorcycle, an all terrain vehicle, a snowmobile or a motor vehicle in accordance with a permit issued pursuant to subdivision (g) of this section; and (2) a department employee engaged in the proper and authorized performance of his or her assigned duties, a member of the police department, or an operator of an authorized emergency vehicle engaged in the proper and authorized performance of his or her assigned duties. c.
(1)A person who violates subdivision (b) of this section shall be guilty of a misdemeanor punishable by not more than ninety days imprisonment or by a fine of not more than one thousand dollars or by both such fine and imprisonment. Notwithstanding the provisions of paragraph nine of subdivision (a) of section five hundred thirty-three of the New York city charter, such person shall also be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars which may be recovered in a proceeding before the environmental control board.
