N.Y. Comp. Codes R. & Regs. tit. 21 § 751.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 751.3 - General provisions; permits

(a)Hours of operation.

(1) Persons may enter and use the park from 6:00 a.m. until 1:00 a.m., unless posted otherwise at specific park areas. The bikeway/walkway which is owned by the New York State Department of Transportation, located east of the park and on the west side of Route 9A is not subject to hour restrictions unless otherwise posted.

(2) Whenever a threat to public health, safety, or the environment exists in the park resulting from any natural cause, explosion, accident, act of terrorism, construction activity or any other cause, or by riot or unlawful assembly or activity, the trust may close the park or any part thereof to the public for such duration as it deems necessary to ensure the safety and well-being of the public.

(3) It is prohibited for persons to enter or remain in the park without the permission of the trust when such park is closed to the public.

(b)Permits.

(1) Requirement to obtain a permit. When any provision of this Part requires a permit as a condition to the performance of any act or activity, the permit must be obtained prior to undertaking performance of such act or activity. Except as is otherwise provided elsewhere herein, permit applications to conduct regulated activities or uses must be submitted at least 30 days in advance of the planned event, activity or use. The trust may require a fee for the issuance of a permit. Nothing in this Part creates a property right in any permit. All permits issued pursuant to this Part merely grant a license and such permits are by their nature terminable at will by the trust in accordance with the needs or requirements of the trust or in the interests of the public as determined by the trust.

(2) Permit terms and conditions. A permit may be granted upon such terms and conditions as the trust will reasonably impose, and will authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions thereof.

(i) After notice and opportunity to be heard, the trust may alter or add terms and conditions to a permit, or revoke a permit, based upon the criteria set forth in paragraph (10) of this subdivision.

(ii) Permittees must confine their activities to the locations and times specified on their permit. The trust may establish specific guidelines for certain designated parks or park locations.

(iii) The trust may suspend or restrict uses allowed under a permit where exigent circumstances exist in the vicinity of the location for which such permit has been issued.

(iv) The issuance of a permit does not grant the permittee the right to sell or offer for sale any articles, tickets, or refreshments within or adjacent to any park area, unless specifically authorized to do so in such permit.

(v) If a permittee intends to drive vehicles (e.g., buses, cars, trucks, and vans) into the park for deliveries to an event site or for any other legitimate purpose, the permit must specify each such vehicle and the date, time, route and parking privilege granted or the permittee must obtain a separate permit authorizing each such vehicle to be used in the course of the permitted event. The permit may also prohibit vehicles driving into the park or parking of vehicles or equipment.

(vi) Permit applications must indicate whether electrical energy is required for the event. Permittees will be responsible for the procurement of and payment for any electrical energy used during the event.

(vii) Permittees are responsible for cleaning and restoring the site after the event. Permittee will be responsible for any overtime, repair and maintenance or other costs incurred by the trust because of a permittee's failure to clean and/or restore the site following the event.

(3) Permittee responsible for compliance. Any person issued a permit assumes all liability and responsibility for any activity conducted under the authority of the permit or any actions resulting from activities authorized by the permit.

(4) Permit not assignable. Any act authorized pursuant to a permit may be performed only by the person or persons named therein, and any such authorization cannot be assigned or delegated, unless and except as provided in such permit.

(5) Permit application forms. Application for a permit must be made on forms provided by the trust. Such form(s) must be properly completed and signed and submitted with any required supplemental documents and payment of the applicable fee, if any.

(6) Bonds. The trust may require the permittee to post a bond in an amount sufficient to ensure full compliance with the terms and conditions of the permit. The decision of whether to require a bond will be based on factors that shall include but are not limited to:

(i) the location of the event and such location's vulnerability to damage;

(ii) whether the event or any activities associated with the event present a high risk of property damage;

(iii) the number of people expected to be in attendance;

(iv) the type of equipment to be brought onto the site;

(v) the number of days the permittee will occupy the site; and

(vi) the season in which the event will take place.

(7) Insurance. Permittees may be obligated to obtain liability insurance for permitted events. If required, such insurance must name as additional insureds at a minimum each of the following: the Hudson River park Trust, the State of New York, the City of New York, and their respective offices, departments, agencies, commissioners, officers, employees, agents, directors, successors and assigns. The decision as to the type and amount of such insurance will be based on the following factors:

(i) the potential risk of personal injury or property damage;

(ii) whether the special event involves the sale of food;

(iii) whether the special event involves a large number of participants relative to the size of the specific park site;

(iv) whether the special event involves transportation and installation of heavy equipment, or the installation of a stage or other temporary structures;

(v) whether the special event involves the use of inherently dangerous objects; and

(vi) whether the special event involves the use of water areas.

(8) Activities or uses prohibited except when undertaken pursuant to a permit. Except where authorized by a contract, license or other agreement with the trust entered into in accordance with the act, it is prohibited to engage in any of the regulated activities within the park as set forth in section 751.5 of this Part for which a permit or other authorization from the trust is required without first obtaining a permit for such activity issued by the trust and complying with the terms thereof and any other conditions contained in this Part. The permit must be kept on hand at the permitted site and/or event, so as to be available for inspection by police officers or trust employees.

(9) Action of permit applications.

(i) If an application is not complete, the trust will contact the applicant for additional information within 30 days of its receipt.

(ii) Except as provided in subparagraph (iii) of this paragraph, if the application is complete, the trust will either issue or deny the permit within 30 days of its receipt or completeness.

(iii) If the trust denies an application for a permit, it will notify the applicant of its reasons why the permit was not issued.

(10) Permit denial. The trust may deny a permit application for reasons including but not limited to:

(i) the permit application was not timely submitted as provided for in paragraph (1) of this subdivision;

(ii) another activity or use has been previously scheduled for the same time at the facility or area to be utilized;

(iii) the proposed activity or use is not compatible with the recreational, environmental or historic character of the facility or area to be utilized;

(iv) the trust can reasonably anticipate that the proposed activity or use cannot be accommodated in a manner that will ensure the public health, safety and welfare of all park patrons or that such activity or use may result in damage to park or facility resources;

(v) the proposed activity or use will cause undue interference with the activities or enjoyment of the park by other park patrons;

(vi) within the preceding three years, the applicant has been found in violation of this Part or other New York State or New York City parks rules or regulations concerning same or similar activity;

(vii) within the preceding three years, the applicant has been granted a permit by the trust or another governmental agency or authority and did, on that prior occasion, knowingly violate a material term or condition of such permit, or any law, ordinance, statute or regulation relating to the use of the parks;

(viii) the applicant has any outstanding fees, charges, fines or civil penalties due to the trust; or

(ix) a material condition of the permit has not been and/or cannot be met by the applicant.

(11) Appeal of denial of permit application. An applicant may appeal a permit denial by writing the president of the trust at its main office.

(12) Failure to comply with permit requirements. Failure to comply with the terms and conditions of any permit is a violation of this Part and the permit may be revoked at the discretion of the president of the trust whose decision is final. If, upon expiration or termination of the permit, it is determined that a permittee has not complied with the terms and conditions of the permit, or has violated any law, ordinance, statute or rule, then the following rules apply:

(i) any bond provided as security for a permittee's performance with the trust will be forfeited and retained to the extent necessary to remedy, or compensate the trust for, the damages caused by such acts, omissions, or violations;

(ii) the permittee, together with his or her agents and employees who violated such terms and conditions or provisions of law, ordinance, statute or rule, will be considered jointly and severally liable for any additional sum necessary to correct or compensate the trust for such damages; and

(iii) neither forfeiture of any security, nor payment of or recovery for such damages will in any way relieve the permittee of civil or criminal liability arising from the violation of any law, ordinance or rule.

(13) Liability. Permittees will be held liable for any and all damages or injuries to persons or property that may occur or be caused by the use of the permit. By accepting a permit, permittees agree to indemnify and hold harmless the Hudson River Park Trust, the State of New York, the City of New York, and their respective commissioners, directors, officers, employees and agents from any and all claims whatsoever that may result from such use.

(14) Notification in case of accident. Should there be any injuries, accidents, or other health incidents at an event, permittee must notify the trust's 24/7 operations desk immediately by telephone at (212) 242-6427 or other number listed in the permit for such notification.

(15) Unauthorized advertisement. It will be a violation of this Part to advertise the location of any event requiring a permit under this Part via posting, print media, radio, television, or the internet when the location is under the jurisdiction of the trust and the person who is responsible for placing the advertisement has not received a permit from the trust for such event. There will be a rebuttable presumption that any person or organization whose name, telephone number or other identifying information appears on any advertisement has violated this subdivision by either:

(i) illegally advertising an event; or

(ii) directing, suffering, or permitting a servant, agent, employee or other individual under such person's or organization's control to engage in such activity; provided, however, that such rebuttable presumption will not apply with respect to criminal prosecutions brought pursuant to this subdivision.

(c)Failure to comply with directions of police officers, Hudson River park security guards or other trust employees, or park signs.

(1) All persons must comply with the lawful direction or command of any police officer, Hudson River park security guard or other trust employee, indicated by gesture or otherwise.

(2) All persons must comply with or obey any instruction, direction, regulation, warning, or prohibition, written or printed, displayed or appearing on any park sign, except such sign may be disregarded upon order by a police officer, Hudson River park security guard or trust employee.

(d)Orders.

In addition to the orders specifically referred to in this Part, the trust may issue any other orders which may be necessary or appropriate to enforce compliance with this Part or to safeguard persons or property within the park. It is a violation of this Part to fail or refuse to comply with such orders.

(e)Penalties.

Any person who violates any provision of or who fails to perform any duty imposed by this Part; or any term or condition of any permit issued pursuant to this Part is subject to all applicable civil sanctions set forth in section 13 of the Hudson River park Act, including but not limited to a fine as set forth in section 751.7 of this Part. Jurisdiction is hereby conferred upon the civil court of the City of New York and the Office of Administrative Trials and Hearings/Environmental Control Board to hear and determine any violations of these rules and regulations.

(f)Use and facility fees.

The trust from time to time may establish use fees for use by the public of designated boating areas, tennis, soccer, baseball, basketball, hockey, volleyball, mini golf, carousel, skate park(s), and other specialized park facilities. Certain areas may be subject to permits and/or fees as may be posted at the facility or on the website.

(g)Special event fees.

The trust has established special event fees for use and occupancy of park areas or facilities. The trust has established a special event fee schedule, which will be reviewed and updated, as appropriate, on an annual basis or as may otherwise become necessary. The trust will use the following criteria as the basis for establishment of such fee schedule that shall include but is not limited to:

(1) the length of time, time of day and the time of year of the event;

(2) the nature of the use;

(3) whether the special event is a private or public event;

(4) the number of persons expected to attend the event;

(5) whether the applicant will impose an admission charge;

(6) the size and type of the proposed venue;

(7) the types and extent of public resources required to stage the event;

(8) the potential for damage to the park or disruption of other park activity;

(9) whether the event is a charitable event;

(10) whether the event is held for the purpose of raising funds;

(11) whether the event will be sponsored and, if so, whether the sponsor is a commercial or not-for-profit entity. Commercial sponsorship exists where a for-profit entity is:

(i) the permit applicant;

(ii) the primary host;

(iii) a contributor to underwriting the cost of the special event; or

(iv) whose trade name, trademark or logo appears in advertising associated with the special event;

(12) the amount and nature of advertising including whether the event has title sponsorship; and

(13) such other information as the trust deems relevant.

(h)Demonstration permit fees.

The applicable fee for a demonstration permit will be limited to the security, maintenance and other administrative costs associated with the planned event.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 751.3

Amended New York State Register August 19, 2020/Volume XLII, Issue 33, eff. 6/3/2020