New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-3 - Prohibited And Controlled Activities › Section 300-3.2 - Regulated uses

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall engage in any of the following
						  activities or uses on State property, except pursuant to a permit issued by the
						  commissioner and in accordance with the terms thereof and any conditions
						  contained in this section.
(a)
						Alcoholic beverages. Consumption of an alcoholic beverage or possession of an
						open bottle, container, or other vessel containing an alcoholic beverage with
						intent to consume such in public spaces is prohibited, except when in
						connection with appropriately authorized and scheduled activities approved by
						the commissioner and provided that such alcoholic beverages are dispensed by an
						agent or firm authorized to do so by the commissioner.
(b) Fireworks and explosives. The
						introduction, possession or use of fireworks, gun powder, high explosives,
						blasting materials, detonating fuses, detonators and any agents, smokeless
						powder or any chemical compound or any mechanical mixture containing any
						oxidizing and combustible units, or other ingredients in such proportions,
						quantities, or packing that ignition by fire, friction, concussion, percussion
						or detonation of any part thereof may cause an explosion are prohibited, except
						pursuant to a permit approved by the commissioner and all necessary
						authorities.
(c) Public assembly.
						Public assembly is allowed in public spaces designated for such activity upon
						the issuance of a permit by the commissioner pursuant to section
						301.6 of this Part.
(d) Sound amplifiers, loudspeakers.
(1) No person shall, without obtaining a
						permit from the commissioner, use or operate any sound amplifiers or
						loudspeakers on State property. This section will be deemed to include all
						instruments that emit sound at a volume louder than 90 decibels indoors and 95
						decibels outdoors. Fire, police, emergency medical or military personnel in the
						performance of their duties are exempt from the provisions of this
						section.
(2) A permit for the
						operation of sound amplifiers or loudspeakers in connection with orderly public
						assemblies, special events and other such affairs may be issued by the
						commissioner in accordance with the application procedures for public assembly.
						The application shall be made and signed by the person having charge or control
						of such loudspeakers and shall be in the form prescribed by the commissioner.
						The permit will be non-transferable and it may be canceled if the sound annoys,
						disturbs or injures the health or comfort of persons subjected to the sound.
						The type and E.I.A. power rating of the amplification equipment to be used must
						be approved by the commissioner.
(3) Notwithstanding the above, no person
						shall make or cause or allow to be made, unreasonable noise in any public space
						so as to cause public inconvenience, annoyance or harm. Unreasonable noise
						means any excessive or unusually loud sound which disturbs the peace, comfort
						or repose of a reasonable person of normal sensitivity, or injures or endangers
						the health or safety of a reasonable person of normal sensitivity, or which
						causes damage to property or disruption of State operations.
(4) No person shall play or operate any
						musical instrument or cause any noise for advertising or commercial purposes
						except under the express terms of a permit issued by the
						commissioner.
(5) No person shall
						play or operate any musical instrument or cause any noise for any purpose in
						any location designated by the commissioner as a memorial or otherwise
						designated as a quiet zone, at which such activity would unreasonably disturb
						the quiet and peaceful enjoyment of those in attendance at such location except
						during an authorized ceremony or memorial sponsored by the
						commissioner.