General Provisions and Prohibitions

RCNY tit. 15, ch. 16, subch. D

in effect

15 RCNY § 16-12 General Rules.

§ 16-12 General Rules. The following general requirements apply to all Recreational Use on City Property: (a) Personal Identification. All visitors to City Property 16 years and older must carry government (or school-issued, for individuals 18 and younger) photo identification while on City Property and must produce such identification upon request of any law enforcement officer or NYCDEP representative. (b) Signs and Instruction. All persons on City Property must observe all instructions and warnings on posted signs and notices and from NYCDEP representatives. (c) Trespass. All persons entering City Property should respect the rights of owners of adjacent property and must not trespass onto private lands. (d) Property Use and Designation. NYCDEP will designate and list Recreational Areas by posting signs and, when applicable, by publishing announcements on the NYCDEP website, on NYCDEP maps, and/or in other publications and notices. (e) Abandoned and Confiscated Property Other than Boats. Abandoned or prohibited equipment found on City Property will be confiscated by NYCDEP. The property will be stored by NYCDEP for 3 months. If the abandoned property remains unclaimed after 3 months, it will be disposed of in accordance with 15 RCNY § 16-10.3(4). (f) Other licenses. While on City Recreational Areas, individuals must possess all applicable NYSDEC Hunting, Fishing and Trapping licenses as required by the NYSDEC Environmental Conservation Law. (g) Recreational Area Closures. NYCDEP may close Recreational Areas or any parts thereof, to public access and may limit the number of recreational users permitted in a Recreational Area as it deems necessary. Possible considerations for Recreational Area closure include but are not limited to Water Supply protection, management and security concerns and user conflicts. Closures will be indicated on the NYCDEP website and/or sign postings. (h) Season. Recreational Area seasons are year-round except as otherwise restricted by these Rules and/or NYCDEP sign postings, on the NYCDEP website, on NYCDEP maps, and/or in other publications or notices. (i) Hours. NYCDEP may limit or restrict the hours for any Recreational Area or any parts thereof that may be accessed and used by the public. Hour restrictions will be indicated on the NYCDEP website and/or sign postings. (j) Express Written Permission. Where provided for by these Rules, NYCDEP may grant permission on a case-by-case basis for certain activities on City Property, when considering, among other factors, compatibility with water quality protection, site constraints, administrative burdens, public safety and security, site management considerations such as universal access and whether the use will serve a significant public purpose. (Added City Record 5/31/2019, eff. 6/30/2019)

15 RCNY § 16-13 Regulated Activities.

§ 16-13 Regulated Activities. The provisions of this section apply to the specified activities and uses on all City Property. (a) Injury, Destruction or Abuse of Natural Resources or Property. No person shall disturb, deface, remove or injure any vegetation, trees, wildlife, soil, stone or other cultural or natural resources located on City Property, including, but not limited to equipment, sampling stations, fences, gates, stone walls, boundary markers, monuments, blaze marks, NYCDEP signs, roads, trails or other improvements, without prior written permission from NYCDEP as provided for in 15 RCNY § 16-12(j) or as otherwise allowed by these Rules. (b) Firearms, Weapons, Explosives. Rifles, shotguns, handguns/pistols, air rifles, crossbows, bows and arrows and muzzleloaders may only be carried while actively Hunting as allowed by these Rules and in accordance with NYSDEC regulations. As provided above, handguns/pistols may only be carried by those who hold a valid handgun license or pistol permit. Hunting or pocket knives may be carried and used by those engaged in Hiking, Fishing, Hunting or Trapping. All other weapons, fireworks, and explosives are prohibited. (c) Animals. Animals are prohibited from City Property except for: (1) Dogs under the control of the owner on PAAs. (2) Dogs actively used for Hunting on APAs. (3) Leashed dogs on designated trails and DUAs as posted on signs. (4) Service dogs may be used in all PAAs, APAs and DUAs. Dog owners must remove their dog's feces from City Property. Dogs are not permitted to enter any water body except in Public Access Areas. (d) Posting of Notices or Signs. The posting of signs or notices is prohibited except for: (1) Flagging Tape. Temporary marking with flagging tape is allowed for Hiking, bushwhacking, game tracking or to mark a Hunting location. Flagging must be removed by the end of the activity or the end of Big Game season, as applicable. (e) Tents and Other Structures. Tents and other temporary or permanent structures, except for temporary tree stands, temporary Hunting blinds, temporary trail cameras for Hunting and temporary ice fishing windbreaks, are not allowed on City Property and are subject to confiscation by NYCDEP at the owner's expense and risk. (f) Motor Vehicle Access. Trucks, automobiles, all-terrain vehicles, motorcycles, snowmobiles and all other motorized vehicles, including aircraft, are prohibited on all City Property unless allowed by NYCDEP on postings, NYCDEP maps and/or notices or by express written permission from NYCDEP as provided for by 15 RCNY § 16-12(j). Vehicles that are: (1) blocking gates or entryways, (2) found in areas posted with "No Parking" signs, (3) found in any unauthorized area on City Property, or (4) found without a valid NYCDEP Vehicle Tag on any City Property other than a Public Access Area or a Day Use Area, may be subject to confiscation and storage by NYCDEP at the owner's expense and risk. (Added City Record 5/31/2019, eff. 6/30/2019)

15 RCNY § 16-14 Prohibitions.

§ 16-14 Prohibitions. The activities and uses listed in this section are prohibited on all City Property in the Watershed. (a) Littering, Polluting, Dumping. No person shall in any manner cause any rubbish, garbage, solid waste, hazardous waste, trash, refuse, organic or inorganic waste, cremated remains, diseased or dead animal or other offensive matter or any abandoned property or material to be placed or left on City Property. Upon leaving City Property, recreation users must remove any and all equipment, supplies, or other items brought onto the City Property. This includes but is not limited to: equipment packaging, fishing line, bait, bait containers, lures, hooks, sinkers, bobbers, shell casings, scent bottles, food and drink containers, bags, chairs, and clothing. Recreation users are encouraged to carry trash bags with them and remove trash and litter left by others to help protect the Water Supply, wildlife and the scenic appearance of City Property. (b) Bathing, Swimming, Washing of Objects. No bathing, swimming or washing of any objects is permitted on City Property. (c) Unauthorized Presence on City Property. No person shall enter upon and remain on City Property unless participating in a Recreational Use activity as allowed by these Rules. (d) Target Shooting. Target or clay bird shooting is not permitted on City Property. (e) Camping. Camping is not permitted on City Property. (f) Fires. The causing, building or maintaining of fires on City Property is prohibited except as otherwise allowed per NYCDEP or NYSDEC signage. (g) Smoking. Smoking, including electronic cigarettes (e-cigarettes), is prohibited on all City Property at all times. (h) Motorized Equipment. The use or possession of motorized equipment on City Property is prohibited except as allowed in 15 RCNY § 16-07(g)(6) and unless specifically designated by NYCDEP on sign postings, NYCDEP maps, or on notices, or unless NYCDEP grants express written permission for such use or possession as provided for by 15 RCNY § 16-12(j). (i) Commercial Activities. The use of City Property for any commercial activity or as part of any commercial enterprise is prohibited unless NYCDEP or its designee grants express written permission for such use as provided for by 15 RCNY § 16-12(j). (j) Other Activities. Any recreational or other activity not expressly allowed by these Rules, including but not limited to bicycle riding, horseback riding, ice-skating, sleigh riding, and downhill skiing, is prohibited on City Property unless specified by NYCDEP on sign postings and, where applicable, on other notices, or unless NYCDEP grants express written permission for such use as provided for by 15 RCNY § 16-12(j). (k) Manned and Unmanned aircraft. No person shall Voluntarily take off or land any contrivance now or hereafter invented for flight in the air, including drones, aircraft and model aircraft, within any lands or waters administered by NYCDEP except with prior written permission from NYCDEP as provided for by 15 RCNY § 16-12(j). (l) Horses. Horses are not permitted on City Property. (m) Biking. The use of bicycles and similar non-motorized vehicles on City Property is prohibited except in DUAs as posted by NYCDEP. (Added City Record 5/31/2019, eff. 6/30/2019)

15 RCNY § 16-15 Rule Infractions.

§ 16-15 Rule Infractions. Any violation of these Rules by an Access Permit holder or by any person accompanying an Access Permit holder is cause for confiscation, suspension or revocation of such Access Permit and any related Tags. Such violation may also affect issuance of future Access Permits and/or Tags as determined by NYCDEP and may also subject the violator to prosecution to the fullest extent of the law. (a) Confiscation. Upon request of a NYCDEP representative or law enforcement officer, an Access Permit holder or Guest Pass holder must surrender his or her Access Permit and/or Guest Pass and/or any related Tag to the requestor and must immediately leave the City Property. (b) Notification Procedure. Upon examination of the circumstances, NYCDEP will make a determination to suspend, revoke or return the Access Permit, Guest Pass, and/or Tag. DEP will send its written determination within 45 days of the alleged violation. NYCDEP will send a letter of suspension, revocation, or reinstatement via USPS or electronic mail to the individual's address on file. This letter will specify: (1) Date, location, and nature of the alleged infraction; (2) The alleged violator's name, address, and Access Permit or Tag number(s), as applicable; (3) Citation of the alleged violation as per these Rules; (4) Notification of penalty imposed and Access Permit or Tag status; (5) Notification of the opportunity and timeline for appeal. (c) Suspension. If NYCDEP determines that the Access Permit and Tag should be suspended, a letter including the basis for the suspension, the period of suspension and the expiration date of the suspension period will be sent to the Access Permit holder at the address on file. (1) Access Permits and Tags may be renewed while suspended; however, the suspended Access Permit holder will not receive a new Access Permit or Tag(s) during the suspension period. Suspended Access Permits may only be renewed by using the NYCDEP Access Permit Update Form. The Access Permit Update Form will be available for download on the NYCDEP website. NYCDEP online renewals will not be allowed for suspended Access Permits. The completed NYCDEP Access Permit Update Form must be mailed to the address on the NYCDEP website. The renewed Access Permit will remain in NYCDEP custody during the suspension period. (2) The suspended Access Permit holder may not enter upon City Property for Recreational Uses until the period of suspension has ended and NYCDEP returns the Access Permit and related Tags, as applicable. (3) Depending on the severity of the violation and record of previous violations, Access Permit/Tag suspension may be from 2 months to 5 years from the date of the violation. (4) Persons with a suspended Access Permit may be permitted, at NYCDEP's discretion, to leave valid Fishing Boats on a Reservoir; however, they may not access or use the Fishing Boat without a Valid Access Permit. (5) When Access Permits expire under suspension and are not renewed, all Tags automatically expire and all boats operated under these Tags must be removed from City Property. (d) Penalty Schedule. First offenses of the Rules will result in suspension that is one-third the maximum suspension term as specified in the penalty table for the specific violation. Second offenses will result in a suspension that is one-half the maximum suspension period for the specific violation, and third offenses will result in the maximum suspension period for the specific violation. Two or more violations in one incident shall result in the minimum penalty for the most egregious violation. Violations of 3 or more sections of the Rules during a single incident or individual offenses which have seriously threatened public safety, Water Supply safety or security, or the personal safety of individuals will result in the maximum penalty for the single most egregious violation. In addition, certain violations of the Rules may result in the issuance of a summons for trespass and/or other applicable violations of law and/or arrest. (1) Fishing and Recreational Boat Tag holders whose boats are confiscated 3 times within a 5 year period by NYCDEP may be subject to Access Permit suspension and loss of future Tag privileges. (2) The maximum penalty for violation of the Rules is a 3 year suspension for holders of Access Permits or a 3 year suspension from applying for an Access Permit, except for those infractions listed in the table below. Individuals who have committed 4 or more offenses within a 5 year period, or who have seriously threatened public safety, Water Supply safety or security, or the personal safety of individuals through means not specifically enumerated in this penalty schedule may be subject to the revocation of all public access privileges. (e) Revocation. If NYCDEP determines that the Access Permit and/or Tag should be revoked due to significant or repeated violations, a letter including the basis for revocation will be sent to the former Access Permit holder. Upon such determination, all Tags held by the former Access Permit holder will also be revoked. All boats must be removed by the owner promptly, and in any event, within the time limits specified in the NYCDEP revocation letter. The length of time allowed for boat removal in such revocation letter will be based on (i) weather and (ii) administrative considerations. The boats under the name of the former Access Permit holder must be removed from City Property in the presence of a NYCDEP representative. If the boats are not removed by the owner, NYCDEP may remove the boats per 15 RCNY § 16-10.3. The former Access Permit holder may not apply for a new Access Permit and/or Tag until the date specified in the letter, if any. Applicable Rules Section Violation Description Access Permit Suspension Term 15 RCNY §§ 16-04.2, 16-08, 16-14 Tree stands, Hunting Blinds and Trail Cameras (15 RCNY § 16-08(h)); Shooting lanes (15 RCNY § 16-08(i)); Vehicle Tags (15 RCNY § 16-04.2); Smoking (15 RCNY § 16-14(g)) 2 - 6 months 15 RCNY §§ 16-07, 16-08, 16-10.1, 16-10.2, 16-12 Season (15 RCNY § 16-07(c)), (15 RCNY § 16-08(c)), (15 RCNY § 16-10.1(d), (15 RCNY § 16-10.2(a)); (15 RCNY § 16-12(h); Means (15 RCNY § 16-07(e)); Equipment (15 RCNY § 16-07(g), 15 RCNY § 16-14(h)); Entrails (15 RCNY § 16-07(h); Game Cleaning Practices (15 RCNY § 16-08(g)); Boat Safety/Capacity (15 RCNY § 16-10.1(f), (g); 15 RCNY § 16-10.2(f), (g)); Ice Fishing (15 RCNY § 16-07(k)); Hunter Behavior/Safety (15 RCNY § 16-08(f)); Fishing Boat Tag (15 RCNY § 16-10.1(a), (b), (i), (p), (q), (t), (u)); Fishing Boat Storage, Placement, and Securing (15 RCNY § 16-10.1 (v), (w), (x)); Recreational Boat Tag (15 RCNY § 16-10.2(b)); Recreational Boat Launch Sites, Storage Areas, and Storage (15 RCNY § 16-10.2(c), (d)); General Rules (15 RCNY § 16-12) 4 months - 1 year 15 RCNY §§ 16-03.1, 16-03.2, 16.03.3, 16-04 Public Access Areas (15 RCNY § 16-03.1); Day Use Areas (15 RCNY § 16-03.2); Special Event Areas (15 RCNY § 16-03.3); Access Permit Areas (15 RCNY § 16-04) 1 - 3 years or revocation 15 RCNY §§ 16-11, 16-13, 16-14, 16-16 Restricted Areas (15 RCNY § 16-11); Injury, Destruction or Abuse of Natural Resources or Property (15 RCNY § 16-13(a)); Firearms, Weapons, Explosives (15 RCNY § 16-13(b)); Animals (15 RCNY § 16-13(c)), Tents and Other Structures (15 RCNY § 16-13(e)); Motor Vehicle Access (15 RCNY § 16-13(f)); Littering, Polluting, Dumping (15 RCNY § 16-14(a)); Bathing, Swimming, Washing of Objects (15 RCNY § 16-14(b)); Target Shooting (15 RCNY § 16-14(d)); Camping (15 RCNY § 16-14(e)); Fires (15 RCNY § 16-14(f)); Motorized Equipment (15 RCNY § 16-14(h)); Commercial Activities (15 RCNY § 16-14(i)); Manned and Unmanned aircraft (15 RCNY § 16-14(k); Horses (15 RCNY § 16-14(l)), Biking (§ 16-14(m)); Conformance with State and Local Laws (15 RCNY § 16-16). 18 months - 5 years or revocation (f) Appeals. Individuals may appeal the suspension or revocation of their Access Permit privileges and/or ability to apply for public access privileges by submitting to the Deputy Chief of City Land Stewardship, within 30 days of the date of the NYCDEP letter of suspension or revocation, a written request explaining why the penalty should be changed. In support of an appeal, an individual must submit: (1) an explanation as to why the penalty imposed is not justified by the circumstances presented; (2) a statement indicating his or her commitment to abide by all Rules, policies, and conditions in the future. The Deputy Chief of City Land Stewardship will respond to all appeals in writing within 45 days of receipt. In response to a written appeal, NYCDEP may reduce the duration of suspension or revocation period. Factors NYCDEP will consider in determining whether to grant or deny an appeal request include whether the individual has committed any other Rule infractions within the previous 5 years and whether the infraction at issue threatened or compromised Water Supply quality or security, public safety or led to property damage or injury to any individual. Court dispositions of any summons issued or arrests made for reasons other than a violation of these rules will not negate any such violations, but may be considered during an appeal review by NYCDEP. Individuals dissatisfied with the first appeal response may elect to submit a final written appeal to the Deputy Commissioner for the NYCDEP Bureau of Water Supply for a final determination. (g) Reinstatement. Upon conclusion of the suspension period for a suspended Access Permit and/or Tags, NYCDEP will send notification of reinstatement via USPS or electronic mail to the Access Permit holder at the address on file. This notification will include the return of any confiscated Access Permit or Tag that is still valid or an application for a replacement. (h) Group Infractions. Any violation of these Rules and/or the Group Access Permit conditions by a Group Member may result in: (1) Expulsion of the Group and/or Group Member from the property; (2) Revocation of the Group Access Permit; (3) Loss of general privileges to access City Property including loss of eligibility to apply for an Access Permit, suspension or revocation of Access Permits; and (4) Arrest and prosecution of the Group Members, Group Leader, and/or organization sponsoring the Group and/or which the Group represents. (i) Public Access Area and Day Use Area Infractions. Failure to comply with these Rules, postings or notices in a Public Access Area or a Day Use Area may result in, but not be limited to, one or more of the following: (1) Expulsion from City Property; (2) Suspension or revocation of Access Permit and/or Tag privileges, if applicable (3) Prohibition from obtaining an Access Permit or Tag; (4) Suspension from access to some, any or all City Property; (5) Arrest and prosecution. (Added City Record 5/31/2019, eff. 6/30/2019)

15 RCNY § 16-16 Conformance with State and Local Laws.

§ 16-16 Conformance with State and Local Laws. All persons using City Property for Recreational Uses are subject to the New York State Environmental Conservation Law and all other statutes, ordinances and Rules applicable and the Rules set forth herein. Access Permits are not substitutes for any NYSDEC Fishing, Hunting or Trapping Licenses required by law. (Added City Record 5/31/2019, eff. 6/30/2019)

15 RCNY § 16-17 Enforceability.

§ 16-17 Enforceability. If any clause, sentence, paragraph, subdivision, section, Rule or other part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, Rule or other part thereof directly involved in the controversy in which such judgment shall have been rendered. (Added City Record 5/31/2019, eff. 6/30/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-119496Fetched: 10/24/2026