§1-04 Prohibited Uses
- Destruction or Abuse of Property and Equipment
No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment owned by or under the jurisdiction or control of the Department.
Destruction or Abuse of Trees, Plants, Flowers, Shrubs and Grass
- No person shall deface, write upon, injure, sever, mutilate, kill or remove from the ground any trees under the jurisdiction of the Department without permission of the Commissioner.
- No person shall deface, write upon, sever, mutilate, kill or remove from the ground any plants, flowers, shrubs or other vegetation under the jurisdiction of the Department without permission of the Commissioner.
- No person shall go upon or allow any animal or child in his or her custody to go upon any newly-seeded lawn or grass plot.
- No person shall go upon or allow any animal or child in his or her custody to go upon any area enclosed by fencing, temporary or permanent, where such fencing or signs posted thereon reasonably indicate that entry into such area is forbidden.
- No person shall possess any tools commonly used for gardening, or any plant, tree, shrub or other vegetation, in any park except where such possession is specifically designated to be permissible by the Commissioner.
- No person shall use a metal detector in any park, except in unvegetated beach areas. Use of metal detectors in other park areas will be permitted if the prior written consent of the Commissioner is obtained.
Littering, Polluting, Dumping, and Unattended Property
- No person shall litter in any park. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse in any park receptacle.
- No person shall throw, drop, allow to fall, or discharge into or leave in the waters within any park (including pools and bathing areas), or any tributary, brook, stream, sewer or drain flowing into said waters, any substance, liquid or solid, which may or will result in the pollution of said waters.
- No person shall engage in dumping in any park.
- No person shall, within or adjacent to any park, store or leave unattended personal belongings.
- Restrictions on Glass
The Commissioner may, in his or her discretion, designate certain parks, or portions thereof, as restricted areas wherein no glass bottles or other glass containers will be permitted. Failure to comply with such restrictions shall constitute a violation of these rules. This subdivision (d) shall not apply to glass bottles or containers used in the care and feeding of infant children.
No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, balloon, parachute, hang glider, or other aerial device, except that certain areas may be designated appropriate landing places for medical evacuation helicopters. For the purposes of this subdivision (e), voluntarily shall mean anything other than a forced landing caused by mechanical or structural failure of the aircraft or other aerial device.
- Explosives, Firearms and Weapons
No person, except a police officer or peace officer while on duty, shall bring into or have in his or her possession in any park, any firearms, slingshots, firecrackers, missile propelling instruments or explosives, including any substance, compound, or mixture having properties of such a character that alone or in combination with other substances, compounds or mixtures, propel missiles, explode or decompose to produce flames, combustion, noise, or noxious or dangerous odors. Nothing in this subdivision (f) shall be construed to prohibit the proper use of cigarette lighters, matches or of charcoal lighter fluid in proper containers in picnic grills where permissible pursuant to the provisions of these Rules.
Abuse of Park Animals
- No person shall within any park (including any zoo area) molest, chase, wound, trap, hunt, shoot, throw missiles at, kill or remove any animal, any nest, or the eggs of any amphibian, reptile or bird; or knowingly buy, receive, have in his or her possession, sell or give away any such animal or egg taken from or killed within any park (including any zoo area).
- No person shall feed animals in any park (including any zoo area) except unconfined squirrels and birds, and where specifically authorized by the Commissioner. The Commissioner may also designate certain areas where all feeding of animals is prohibited. It shall be a violation of these rules to feed animals in any area where such feeding is prohibited.
- Marijuana; Controlled Substances
No person shall bring, possess, distribute, sell, solicit or consume marijuana or any controlled substance, as defined in §220.00 of the New York State Penal Law, in any park, playground, beach, swimming pool, or other park property or facility.
Failure to Control Animals
- Except as specified in §1-05(s)(3) or in paragraph two of this subdivision, no person owning, possessing or controlling any animal shall cause or allow such animal to be unleashed or unrestrained in any park unless permitted by the Commissioner in accordance with these rules. No person owning, possessing or controlling any animal shall cause or allow such animal to be out of control in any park under any circumstances. Animals that are unleashed or unrestrained, except as permitted by these rules, or out of control may be seized and impounded. Properly licensed dogs, wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and City of New York and restrained by a leash or other restraint not exceeding six feet in length, may be brought into a park, except in no event shall dogs or other animals be allowed to enter any playground, zoo, swimming pool and swimming pool facility, bathing area and adjacent bathing beach (unless otherwise permitted by the Commissioner and not during the designated bathing season), bridle path (unless leashed dogs are permitted therein by the Commissioner), fountain, ballfield, basketball court, handball court, tennis court, or other area prohibited by the Commissioner. Nothing in this subdivision (i) shall be construed to prohibit persons with disabilities from bringing seeing eye dogs, or other service dogs trained to assist such persons into these areas. Nothing herein shall prohibit horses from entering or being within a park as provided in § 1-05(q).
- Unless specifically prohibited herein or by the Department of Health and Mental Hygiene (“DOHMH"), properly licensed dogs wearing a license tag and vaccinated against rabies pursuant to the laws of the State of New York and City of New York may be unleashed within a designated park or designated portions of a park between the hours of 9:00 p.m. and 9:00 a.m. under the following conditions:
- such dogs shall, except for being unleashed, be kept under the control of their owner and shall not at any time harass or injure any park patron and/or, harass, injure, damage, sever, mutilate, or kill any animal, tree, planting, flower, shrub or other vegetation;
- such dogs shall not at any time enter any playground, zoo, swimming pool and swimming pool facility, bathing area and adjacent bathing beach (unless otherwise permitted by the Commissioner and not during the designated bathing season), bridle path (unless leashed dogs are permitted therein by the Commissioner), fountain, ballfield, basketball court, handball court, tennis court, or other area prohibited by the Commissioner;
- such dogs shall be immediately leashed by their owners upon any direction or command of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee or employee of the DOHMH, the refusal of which direction or command shall constitute a violation of § 1-03(c);
- owners of such dogs shall provide proof of current vaccination against rabies and proof of current licensing upon the request of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee or employee of the DOHMH, the refusal of which shall constitute a violation of § 1-03(c), § 1-05(s)(3) and of this subdivision.
Control and Removal of Animal Waste
- No person shall allow any dog in his custody or control to discharge any fecal matter in any park unless he promptly removes and disposes of same. This provision shall not apply to a guide dog accompanying a person with a disability.
- Anyone who drives a horse-drawn carriage into or within a park is required to equip it with horse hampers, horse diapers or some other similar manure catching device which is effective in preventing manure from being deposited on any park street, road or way.
- Urination and Defecation in Parks
No person shall urinate or defecate in any Park, or in or upon any park building, monument or structure, except in a facility which is specifically designed for such purpose.
It shall be a violation of these rules to engage in disorderly behavior in a park. A person in any park shall be guilty of disorderly behavior who:
- enters or leaves any park except by designated entrance ways or exits, or enters or attempts to enter any facility, area or building sealed, locked or otherwise restricted from public access; or
- climbs upon any wall, fence, shelter, tree, shrub, fountain or other vegetation, or any structure or statue not specifically intended for climbing purposes; or
- gains or attempts to gain admittance to the facilities in any park for the use of which charge is made without paying such charge; or
- engages in any form of gambling or game of chance for money, or tells fortunes for money; or
- interferes with, encumbers, obstructs or renders dangerous any part of a park or park road; obstructs vehicular or pedestrian traffic; or
- engages in fighting or assaults any person; or
- engages in a course of conduct or commits acts that unreasonably alarm or seriously annoy another person; or
- engages in any form of sexual activity; or
- engages in a course of conduct or commits acts that endanger the safety of others.
Loitering for Illegal Purposes
It shall be a violation of these rules to engage in loitering for illegal purposes in a park. Any person in any park shall be guilty of loitering for illegal purposes who:
- loiters or remains in a park for the purpose of engaging, or soliciting another person to engage, in sexual activity for money; or
- loiters or remains in any park with one or more persons for the purpose of unlawfully using, possessing, purchasing, distributing, selling or soliciting marijuana, alcohol or any controlled substance, as defined in §220.00 of the New York State Penal Law.
- Unlawful exposure
It shall be a violation of these rules to appear in public on property under the jurisdiction of the Department in such a manner that one's genitalia are unclothed or exposed.
- Obstruction of sitting areas
No person shall use a bench or other sitting area so as to interfere with its use by other persons, including storing any materials thereon.
- Unlawful camping
No person shall engage in camping, or erect or maintain a tent, shelter, or camp in any park without a permit.
- Unlawful spitting
It shall be unlawful for any person to spit or expectorate in or upon any park building, monument or structure.
- Unhygienic use of fountains, pools, and water
No person shall use, or permit any animal under his or her control to use, any water fountain, drinking fountain, pool, sprinklers, reservoir, lake or any other water contained in the park for the purpose of washing or cleaning himself or herself, his or her clothing or other personal belongings. This subdivision shall not apply to those areas within the parks which are specifically designated for personal hygiene purposes (i.e., bathroom, shower room, etc.), provided, however, that no person shall wash his or her clothes or personal belongings in such areas.
- No person shall engage in any commercial activity or commercial speech in any park, except pursuant to a permit issued under §1-03(b) and/or §2-08 of these Rules.
- No person shall solicit money or other property from persons not known to such person in any park, unless such person possesses a permit for noncommercial solicitation issued by the Commissioner.