N.Y. Comp. Codes R. & Regs. tit. 21 § 1097.2

Current through Register Vol. 46, No. 50, December 11, 2024
Section 1097.2 - 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 New York 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.
(c) Controlled substance means those substances designated as controlled substances in the New York Penal Law, section 220.00.
(d) Facilities means Jamaica station, Flatbush Avenue station, that portion of Pennsylvania station which is utilized or occupied by the LIRR, and all other terminals and stations owned by the LIRR, or operated by the LIRR, 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, stations, terminals, signage, storage yards, depots, repair and maintenance shops, yards, offices and other real estate or personally used or held for or incidental to the operation, rehabilitation or improvement of LIRR's railroad service in or around Jamaica station, Flatbush Avenue station, that portion of Pennsylvania station which is leased by the LIRR, and all other terminals and stations owned by the LIRR, or operated by the LIRR, under contract, lease or other arrangement with the LIRR. Furthermore, the term facilities encompasses buildings, structures and areas used, held or leased by the LIRR or the authority, notwithstanding that portion thereof may not be devoted to any railroad purpose other than the production of revenues available for covering the costs and expenses of all or any facilities of the LIRR or the authority.
(e) LIRR and the Long Island Rail Road Company mean that independent subsidiary and public benefit corporation created by the authority.
(f) Noncommercial activities means activities involving public speaking; distribution of written materials related to a charitable, religious or political cause; solicitation of contributions for charitable, religious or political causes; and artistic performances, including the acceptance of donations for such performances.
(g) Person means any natural person, individual, corporation, society, organization, company, association, firm, partnership, or other entity.
(h) Police officer refers to any member of the LIRR Police Department and any other police officer duly appointed pursuant to New York Criminal Procedure Law, section 1.20 who, pursuant to his authority, has jurisdiction within a terminal or station or train.
(i) Superintendent means that individual or individuals designated by the LIRR to have supervisory responsibility for the LIRR terminals and stations.
(j) Police officer means any person so designated pursuant to NewYork Criminal Procedure Law, section 1.20 who, pursuant to their authority, has jurisdiction within a terminal, station or train 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).
(k) Trains means all trains operated by LIRR in revenue service.
(l) Unreasonable 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, but does not include conversational speech or sounds incident to walking or normal movement. The term unreasonable 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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1097.2

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