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.