N.Y. Comp. Codes R. & Regs. tit. 21 § 1040.2

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

Section 1040.2 - Definitions

As used or referred to in this Part, the following terms have the following meanings unless a different meaning clearly appears from the context in which the term is used:

(a) Authority means the Metropolitan Transportation Authority, the public benefit corporation created by section 1263 of the Public Authorities Law.

(b) Commercial activities means activities whose main purpose is the sale of goods or services or the promotion or advertising of goods or services, including the distribution of goods or materials for free. Commercial activities include:

(1) the advertising, display, sale, lease, offer for sale or lease, or distribution of food, goods, services or entertainment (including the free distribution of promotional goods or materials); and

(2) the solicitation of money or payment for food, goods, services or entertainment.

(c) Controlled substance means those substances designated as controlled substances by the New York State Penal Law.

(d) Conveyance includes any train, locomotive, omnibus or other vehicle previously used or held for use by the authority as a means of transportation of passengers.

(e) Excessive noise means excessively or unusually loud sounds produced by any means which are audible to another person and which cause public inconvenience, annoyance or alarm, or which interfere with transit operations, but does not include conversational speech or sounds incident to walking or normal movement. The emission of any sound in excess of 85 dBA on the A weighted scale measured at five feet from the source of the sound is excessive noise and is prohibited. The term excessive noise also includes sounds which interfere with the audibility of the normal communication, audio communication equipment and speaker system of a terminal, station or train.

(f) Facilities means the terminals and stations owned or operated by SIRTOA under contract, lease or other arrangement, including joint service arrangements. Facilities includes all property and equipment including, without limitation, rights of way and related trackage, rails, signal power, fuel, communication and ventilation systems, power plants, tunnels, emergency exits, signage, storage yards, depots, repair and maintenance shops, yards, offices, other real estate or personally owned, operated, used, held or leased by SIRTOA for or incidental to the operation, rehabilitation or improvement of railroad operations.

(g) Fare media means the various instruments issued by or on behalf of or accepted by SIRTOA to use for the payment of fare, including, but not limited to, farecards, passes, transfers, tickets, and vouchers.

(h) General manager means the individual or individuals designated by SIRTOA with overall supervisory responsibility for the SIRTOA facilities, or their designee.

(i) Noncommercial activities means activities involving public speaking; distribution of written materials related to a charitable, religious or political causes, and solicitation of contributions for charitable, religious or political causes; and artistic performances, including the acceptance of donations for such performances.

(j) Person means any natural person, individual, corporation, society, organization, company, association, firm, partnership, or other entity.

(k) Police officer means any person so designated pursuant to New York Criminal Procedure Law, section 1.20 who, pursuant to their authority, has jurisdiction within the facilities or conveyances of SIRTOA, including without limitation any member of the MTA Police Department, and also any Bridge and Tunnel Officer authorized to issue notices of violation pursuant to New York Public Authorities Law, section 553(7-a).

(l) Service animal means a guide dog, signal dog, or other animal individually trained to perform one or more specific tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or mental disability, that such person is unable to perform due to such disability, such as guiding persons with impaired vision, alerting persons with impaired hearing to sounds, pulling a wheelchair, retrieving dropped items, recognizing or avoiding hazards, alerting a person to an oncoming seizure, and responding to a seizure, or providing rescue assistance. The term service animal does not include a therapy animal, comfort animal, or animal used for emotional support.

(m) Sound production device includes, but is not limited to, any musical instrument and any electronic device capable of producing sound such as a radio receiver, phonograph, television receiver, tape recorder, cassette player, compact disc player, speaker device or system and any sound amplifier or any sound-producing device of similar nature.

(n) Terminals and stations mean all terminals and stations owned and operated by SIRTOA under contract, lease or other arrangement, including joint service arrangements, and including all appurtenances to any terminal or station including, but not limited to, platforms, stairways, arcades and passageways.

(o) Trains means all trains operated by SIRTOA.

(p) Paid fare zone means the area beyond the point at which a fare is required on a conveyance or within a facility.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1040.2

Amended New York State Register October 14, 2020/Volume XLII, Issue 40, eff. 10/14/2020