2006 New York Code - Prohibitions On Beaches.



 
    §  18-108.1  Prohibitions  on  beaches.  a.  For  the purposes of this
  section, the following terms shall have the following meanings:
    (1) "All terrain vehicle"  or  "ATV"  shall  mean  any  self-propelled
  vehicle  which  is  manufactured  for  sale  for  operation primarily on
  off-highway trails or in off-highway competitions and only  incidentally
  operated  on  public highways provided that such vehicle does not exceed
  sixty inches  in  width,  or  eight  hundred  pounds  dry  weight.  This
  definition  shall  not  include  a  "snowmobile" or other self-propelled
  vehicles manufactured for off-highway use which utilize an endless  belt
  tread.
    (2)  "Authorized emergency vehicle" shall mean every ambulance, police
  vehicle or bicycle, correction  vehicle,  fire  vehicle,  civil  defense
  emergency  vehicle,  emergency  ambulance service vehicle, environmental
  emergency  response  vehicle,  sanitation  patrol   vehicle,   hazardous
  materials  emergency  vehicle and ordnance disposal vehicle of the armed
  forces of the United States.
    (3) "Beach" shall mean  land  along  the  shores  of  an  ocean,  bay,
  estuary,  inlet  or  river  of  New York City landward from the mean low
  water line extending contiguously to the place where there is a distinct
  difference in topography which may be  demarcated  by  the  furthest  of
  either (i) a vegetation line; (ii) an artifically-made feature generally
  parallel  to  the  ocean, bay, estuary, inlet or river, such as, but not
  limited to, a retaining structure, seawall, bulkhead,  parking  area  or
  road,  except  that  land  that  extends  under an elevated boardwalk is
  considered to be a part of the beach; or (iii) the landward toe  of  the
  dune, which is furthest from the ocean, bay, estuary, inlet or river and
  twenty-five feet landward from that point.
    (4)  "Dune"  shall mean a natural or artifically-made ridge or hill of
  vegetated or drifting windblown soil, the principal component  of  which
  is  sand,  that  lies  generally  parallel to and landward of the shore.
  However, a dune shall not mean a small mound of  loose,  windblown  sand
  found on a park, road or structure.
    (5)  "Motor vehicle" shall mean any vehicle designed to be operated or
  driven upon a public highway which is propelled by any power other  than
  muscular power, except (i) electrically-driven mobility devices operated
  or  driven  by  a person with a disability, (ii) vehicles which run only
  upon  rails  or  tracks,  (iii)  snowmobiles  as  defined   in   article
  forty-seven  of  the  vehicle  and  traffic  law,  and  (iv) all terrain
  vehicles as defined in article forty-eight-B of the vehicle and  traffic
  law.
    (6)  "Motorcycle" shall mean any motor vehicle having a seat or saddle
  for the use of the rider and designed to travel on not more  than  three
  wheels in contact with the ground, but excluding a tractor.
    (7)  "Owner" shall mean a person, other than a lien holder, having the
  property in or title to a vehicle or vessel. The term includes a  person
  entitled  to  the use and possession of a vehicle or vessel subject to a
  security interest in another person and  also  includes  any  lessee  or
  bailee  of  a  motor vehicle or vessel having the exclusive use thereof,
  under a lease or otherwise, for a period greater than thirty days.
    (8) "Operator" shall mean  any  person  who  uses  a  motorcycle,  all
  terrain vehicle, snowmobile or motor vehicle.
    (9)  "Snowmobile"  shall  mean any self-propelled vehicle designed for
  travel on snow or ice, steered by skis or runners and supported in whole
  or in part by one or more skis, belts or cleats.
    (10) "Toe" shall mean the lowest point on a slope of a dune.
    b. No unauthorized person may  operate  any  motorcycle,  all  terrain
  vehicle,  snowmobile  or motor vehicle on a beach under the jurisdiction
  of the commissioner. An authorized person shall include

(1) a person operating a motorcycle, an all terrain vehicle, a snowmobile or a motor vehicle in accordance with a permit issued pursuant to subdivision (g) of this section; and (2) a department employee engaged in the proper and authorized performance of his or her assigned duties, a member of the police department, or an operator of an authorized emergency vehicle engaged in the proper and authorized performance of his or her assigned duties. c. (1) A person who violates subdivision (b) of this section shall be guilty of a misdemeanor punishable by not more than ninety days imprisonment or by a fine of not more than one thousand dollars or by both such fine and imprisonment. Notwithstanding the provisions of paragraph nine of subdivision (a) of section five hundred thirty-three of the New York city charter, such person shall also be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars which may be recovered in a proceeding before the environmental control board. (2) Where the operator is less than fourteen years of age, a notice of violation of this section shall be personally served upon such operator's parent or guardian in accordance with the civil practice law and rules. Where the operator is fourteen years of age or over, but less than eighteen years of age, a notice of violation of this section shall be personally served upon such operator and his or her parent or guardian in accordance with the civil practice law and rules. (3) Notwithstanding the provisions of any other local law, where a summons or a notice of violation is issued for a violation of subdivision (b), an authorized designee of the commissioner or a member of the police department may seize and impound the motorcycle, all terrain vehicle, snowmobile or motor vehicle. d. A motorcycle, all terrain vehicle, snowmobile or motor vehicle seized and impounded pursuant to this section shall be released to the owner or other person lawfully entitled to possession upon payment of the costs of removal and storage as set forth in the rules of the department and proof of payment of any fine or civil penalty imposed for the violation or, if a proceeding in connection with the violation is pending before a court or the environmental control board, upon the posting of a bond or other form of security acceptable to the department in an amount which will secure the payment of such costs and any fine or civil penalty which may be imposed for the violation. If a court or the environmental control board finds in favor of the respondent, the owner shall be entitled forthwith to possession of the motorcycle, all terrain vehicle, snowmobile or motor vehicle without charge and to the extent that any amount has been previously paid for release of the motorcycle, all terrain vehicle, snowmobile or motor vehicle, such amount shall be refunded. e. The owner of a motorcycle, all terrain vehicle, snowmobile or motor vehicle shall be given the opportunity for a post seizure hearing within five business days before the environmental control board regarding the seizure. The environmental control board shall render a determination within three business days after the conclusion of the hearing. Where the environmental control board finds that there was no basis for the seizure, the owner shall be entitled forthwith to possession of the motorcycle, all terrain vehicle, snowmobile or motor vehicle without charge and to the extent that any amount has been previously paid for release of the motorcycle, all terrain vehicle, snowmobile or motor vehicle, such amount shall be refunded. f. Upon the seizure of a motorcycle, all terrain vehicle, snowmobile or motor vehicle pursuant to this section, the operator shall be given written notice of the procedure for redemption of the motorcycle, all
terrain vehicle, snowmobile or motor vehicle and the procedure for requesting a post seizure hearing. Where the operator is not the owner thereof, such notice provided to the operator shall be deemed to be notice to the owner. Where the motorcycle, all terrain vehicle, snowmobile or motor vehicle is registered pursuant to the vehicle and traffic law, such notice shall also be mailed to the registered owner. Where the operator is less than eighteen years old, such notice shall also be either personally served upon the operator's parent or guardian or mailed to the operator's parent or guardian if the name and address of such person is reasonably ascertainable. g. The commissioner shall have the right to issue a permit to operate a motorcycle, all terrain vehicle, snowmobile or motor vehicle upon any beach for a special purpose, including but not limited to, the recording or filming of audio, video or other electronic media. h. The provisions of this section shall be enforced by an authorized designee of the commissioner or by a member of the police department. i. The commissioner, in consultation with the police commissioner, shall promulgate such rules as are necessary, (1) to set forth the procedures which must be followed regarding the seizure and release of any motorcycle, all terrain vehicle, snowmobile or motor vehicle pursuant to subdivision (c) of this section; (2) to establish the time within which a motorcycle, all terrain vehicle, snowmobile or motor vehicle which is not redeemed shall be deemed abandoned, and the procedures for subsequent disposal; and (3) to provide for reasonable fees for the transportation and storage of such vehicles.

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