N.Y. Comp. Codes R. & Regs. tit. 6 § 190.25

Current through Register Vol. 46, No. 45, November 2, 2024

Section 190.25 - Zoar valley multiple use area including zoar valley unique area

(a) Applicability. For purposes of this section, Zoar Valley Multiple Use Area including Zoar Valley Unique Area means all those State lands, excluding East Otto State Forest, lying and situated in the Towns of Otto and Persia, Cattaraugus County, and the Town of Collins, Erie County, including a five-mile segment of Cattaraugus Creek and a two-mile segment of the south branch of Cattaraugus Creek, and being the same lands as more particularly described in several deeds conveying said lands to the people of the State of New York, on file in the Department of Environmental Conservation, Albany, NY, and duly recorded in the office of the county clerk of the County of Cattaraugus and the office of the county clerk of the County of Erie, respectively. Said Zoar Valley Multiple Use Area including Zoar Valley Unique Area shall be hereinafter referred to in this section as "area." The provisions of this section shall not apply to, and the references hereinafter to the "area" shall not include, the detached parcel of Zoar Valley Multiple Use Area, generally located between Wickham Road and Forty Road. This provisions of this section shall supersede the general regulations enumerated in this Part in the event of a conflict.

(b) The area shall be closed to any and all public use of any kind between the hours of sunset and sunrise.

(c) Motor vehicles, including snowmobiles but not limited thereto, are prohibited from operating in or on the area, except on town or county roads therein, or as permitted on roads and parking areas designated and marked for motor vehicle use by the commissioner.

(d) No person shall park any motor vehicle, including self-propelled and nonself-propelled vehicles, except on and within areas designated and marked as such parking areas by the commissioner.

(e) No person, other than employees of the department, State Police and police officers, shall possess, carry, discharge or use firearms, ammunition, explosives or explosive substances or fireworks on the area, except that during the small game and big game hunting seasons, provided for by law, firearms and bows and arrows may be possessed and discharged.

(f) No fires shall be permitted in the area.

(g) No person shall deposit in or on any part of the area any garbage, sewage, refuse, waste or other obnoxious material otherwise than in receptacles provided for such purposes.

(h) No person shall throw, cast, lay, deposit or discharge into or leave in any waters flowing within or standing on said area, any substance, matter or thing, liquid or solid, which may or shall result in the pollution of said waters.

(i) No person shall bathe or swim in any of the waters flowing or standing through or on the area.

(j) No camp, tent, trailer, shelter, lean-to or structure of any kind shall be erected or maintained within the area.

(k) No person shall injure, deface, disturb, steal, molest or befoul any part of the area or building, spring, well, sign equipment or other structure or property found therein; nor shall any tree, flower, fern, shrub, grass, rock or other mineral, or any part thereof, be removed, injured or destroyed.

(l) No person shall: disobey an order of a ranger, member of the State Police or any other police officer, or refuse to obey a lawful order given by an employee of the department authorized to give orders and identified by a uniform, badge or other identification; or disobey the directions of any departmental sign; use threatening, abusive, insulting language; do any obscene or indecent acts; throw stones or other missiles; annoy persons, interfere with, encumber, obstruct or render dangerous any drive, spring, well, path, walk or public place; do any act tending to or amounting to a breach of peace; engage in, instigate, aid or encourage a contention or fight; or assault any person.

(m) No person shall erect a sign, notice or poster at any place within the area without a permit therefor; nor shall any musical instrument, radio, talking machine or drum be operated or any noise be made for the purpose of attracting attention to any exhibition of any kind.

(n) No person shall erect any structure, stand or platform, hold any meeting, perform any ceremony, make a speech, address or harangue, exhibit or distribute any sign, placard, notice, declaration or appeal of any kind or description; or being in or on a vehicle, race with another vehicle, whether such race be founded on any stake, bet or otherwise; except by permit.

(o) No parade, drill or maneuver of any kind shall be conducted, nor shall any procession form for parade or proceed on the area without a permit therefor.

(p) No person shall possess or carry alcoholic beverages or glass containers, except for prescription medicines.

(q) No bicycles, skateboards or similar equipment, horses or other work animals shall be permitted in or on the area, except on town or county roads therein, or as permitted on roads and parking areas designated and marked for motor vehicle use by the commissioner.

(r) No person shall proceed upstream, either by land or water, in the area beginning at the abandoned Forty Road bridge abutments, and extending upstream on the South Branch of Cattaraugus Creek to the state land boundary line, except for licensed anglers for the purpose of fishing, or by authorized permit issued by the department;

(s) No person shall enter any area designated as restricted by the department, except on trails designated and marked by the department, or by authorized permit issued by the department;

(t) No person shall enter the area within 15 feet of cliff edges; except on trails designated and marked by the department; when engaged in ice climbing or rappelling by rope; or by authorized permit issued by the department;

(u) No person shall scale or climb cliff walls, including any waterfall, except when engaged in ice climbing or rappelling by rope; or by authorized permit issued by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 190.25

Amended New York State Register December 1, 2021/Volume XLIII, Issue 48, eff. 12/1/2021