New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVI - Hudson River Park Trust › Part 751 - Hudson River Park Rules And Regulations › Section 751.2 - General definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Act.
Act
means the Hudson River park Act, chapter
				  592 of the Laws of 1998 of the State of New York and any subsequent amendments
				  thereto.
(b)
Authorized swimming and wading areas.
Authorized swimming and wading areas
means
				  any designated area within the Hudson River park approved by the New York City
				  Department of Health and Mental Hygiene and maintained for swimming and wading,
				  including the water area and lands under water adjacent thereto.
(c)
Board.
Board
means the Board of Directors of the
				  Hudson River park Trust.
(d)
Charitable event.
Charitable event
means an event held for the
				  primary purpose of raising funds for a not-for-profit purpose or entity.
(e)
Demonstration.
Demonstration
means a group activity
				  including but not limited to, a meeting, assembly, protest, rally, march or
				  vigil which involves the expression of views or grievances, involving more than
				  20 people.
(f)
Dumping.
Dumping
refers to the unauthorized disposal
				  of garbage or refuse of any kind.
(g)
Emergency.
Emergency
means any situation that the trust
				  determines could threaten public health, safety or welfare or presents a risk
				  of imminent personal injury or property damage.
(h)
Environmental Control Board.
Refers to the Office of Administrative Trials and
				  Hearings/Environmental Control Board, which board was established pursuant to
				  chapter 45-A of the New York City Charter.
(i)
Event.
Event
refers to both demonstrations and
				  special events.
(j)
Facility.
Facility
means a building or structure
				  located within the Hudson River park and under the jurisdiction of the
				  trust.
(k)
Floating
				structure.
Floating structure
means any vessel or other
				  water-supported structure, including a floating dock, which is bordered by
				  either open water or a dock and which is or is intended to be moored or
				  attached to a pier, wharf, dock, platform, bulkhead or floatation system for a
				  period of time of more than six months; provided however, that such definition
				  will not include historic vessels as defined herein. Support by means of a
				  cradle or as a result of natural siltation will not exclude from this
				  definition a structure that is normally supported by water.
(l)
General project plan.
General project plan
means New York State
				  Development Corporation d/b/a The Empire State Development Corporation Hudson
				  River Park Multi-Purpose Project General Project Plan, dated July 16, 1998, and
				  any subsequent amendments thereto.
(m)
Historic vessel.
Historic vessel
means a vessel manufactured
				  more than 50 years prior to the current calendar year, and any other model,
				  year and type vehicle which has unique characteristics and is determined by the
				  trust to be of historical, classic or exhibition value as defined in the
				  trust's historic vessel policy.
(n)
Hudson River park.
Hudson River park
or
park
means those certain city and State-owned properties, as set forth in section 3
				  of the act, that are located within the city and county of New York in the
				  areas west of the western border of the Route 9A bikeway/greenway along the
				  Hudson River in lower Manhattan from the northern seawall of Battery Park City
				  to 59th Street, together with certain specified areas along the eastern
				  boundary of Route 9A, including Chelsea Waterside park (aka Thomas F. Smith
				  park) and the area bounded by 14th Street, 15th Street, Tenth Avenue and Route
				  9A. Such park includes both upland and underwater lands west to the U.S.
				  pierhead line.
(o)
Hudson River park Trust.
Hudson River park Trust
or the
trust
means the State public benefit corporation established
				  pursuant to section 5 of the act and charged with the planning, development,
				  operation and maintenance of the park.
(p)
Littering.
Littering
refers to the unauthorized
				  disposal of ashes, garbage, paper, dust or other rubbish and refuse of any kind
				  whatsoever.
(q)
Mooring field.
Mooring field
means any water area
				  designated by Hudson River park Trust which has been established by the trust
				  as an anchorage or mooring area for a maximum of 40 noncommercial sailing
				  vessels or any other water areas within Hudson River park as may be designated
				  by the trust for the anchoring or mooring of vessels.
(r)
Motor vehicle.
Motor vehicle
refers to any automobile,
				  motorcycle, moped, or other land based vehicle propelled by a motor.
(s)
Owner/operator.
Owner
or
operator
refers to
				  any person owning, operating, or having the use or control of an animal,
				  vehicle, motor vehicle, vessel or any other personal property.
(t)
Park sign.
park sign
means any placard, notice or sign
				  duly posted by the trust.
(u)
Permit.
Permit,
unless otherwise specified, means
				  any written authorization issued by or under the authority of the trust for a
				  specified privilege, allowing the performance of a specified act, use or
				  activity within the park.
(v)
Permittee.
Permittee
means the person whose name
				  appears on a permit.
(w)
Person.
Person
means any natural person,
				  corporation, society, organization, company, association, firm, partnership, or
				  other entity.
(x)
Playground.
Playground
means any designated and posted
				  play area for children aged 12 and under, which may include playground
				  equipment, spray showers, and game playing areas.
(y)
Police officer.
Police officer
as used herein means any
				  member of the Police Department of the City of New York, the New York City
				  parks and Recreation park Enforcement Patrol, the New York State Department of
				  Environmental Conservation Police, the New York State Office of parks,
				  Recreation and Historic Preservation Police, the New York State Police, the New
				  York County Sheriff's Office or any other city or State employee assigned to
				  the park who is a police officer or peace officer as defined in section 1.20 or
				  2.10 of the New York State
				  Criminal Procedure Law.
(z)
Private event.
Private event
means an event for which
				  admission is restricted by invitation, ticket or guest list or by other
				  exclusion of the public from the event.
(aa)
Public event.
Public event
means an event which is open to
				  all members of the public.
(ab)
Sexual activity.
Sexual activity
means any touching of the
				  exposed sexual or other intimate parts of a person for the purpose of
				  gratifying the sexual desire of a person.
(ac)
Sound reproduction device.
Sound reproduction device
includes, but is
				  not limited to, any radio, record player, television, musical instrument, tape
				  recorder, cassette or disc player, bullhorn, megaphone, speaker device system
				  and any sound amplifier.
(ad)
Special event.
Special event
means a group activity
				  including, but not limited to, a performance, meeting, assembly, contest,
				  exhibit, ceremony, parade, athletic competition, reading, or picnic involving
				  more than 20 people or a group activity involving less than 20 people for which
				  specific space within the park is requested to be reserved. Special event does
				  not include casual park use by visitors or tourists.
(ae)
Vessel.
Vessel
means a floating watercraft of any
				  kind, motorized or nonmotorized, including but not limited to a boat, sailboat,
				  motor boat, dinghy, crew shell, canoe and kayak.
(af)
Website.
Website
means the internet address found at
www.hudsonriverpark.org
or such
				  other site created, maintained, or approved by Hudson River park
				  Trust.