HomeMy WebLinkAboutPre Legislation Miami BeachORDINANCE NO.1
201.C-3684
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82,
ENTITLED `PUBLIC :PROPERTY," BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL," BY RENAMING SECTION 82-6, ENTITLED
"RESERVED;" TO "DESIGNATED CHILDREN PLAY AREAS," AND
PROVIDING THAT ADULTS MUST BE ACCOMPANIED BY A MINOR
IN. AREAS DESIGNATED AS CHILDREN PLAY AREAS; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE .DATE.
WHEREAS, the .activity of play is essential to the healthy development of children and
research has shown that outdoor play provides physical, emotional, social, and cognitive
benefits; and
WHEREAS, parks across the nation provide play space for children and minors thereby
fostering child development, social interaction skills, and opportunities' for physical exercise; and
WHEREAS, play areas for children are not designed for adults, but rather provide age
appropriate equipment and open spaces to accommodate the play behaviors of minor children
who may be supervised by their parents or other adults; and
'WHEREAS, in order to provide for safer play areas that accommodate the needs of
children and minors in the City, and to maximize the play area equipment available for children
and minors for whom the City's play equipment and areas are specifically designed, the
following amendments to the City Code should be made.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH•, FLORIDA, AS FOLLOWS:
SECTION 1.
That Section 82=6, entitled "Reserved," of Article 1, entitled "In General," of Chapter 82, entitled
"Public Property," of the -Miami Beach City Code is hereby amended as set forth below, .
CHAPTER 82
PUBLIC PROPERTY
ARTICLE i. In General
Sec. 82-6. Reserved. Designated Children Play Areas.
Adults are allowed in designated children play areas in the city only when accompanied
by a minor. •Children play areas where this section is applicable will be specifically designated
and sians will be posted informing the public of the designation,
SECTION 2. -repealer.
All Drdinanzes 0' parts of ordinan.^,es in conifliot hCrewlth be and the. same are Hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional .by any court of competent jurisdiction; then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance maybe renumbered or
re -lettered to- accomplish such intention, and the word "ordinance" may be changed to "section,"
"article.," or other appropriate word.
SECTION 5. Effective Date.
u w
This Ordinance shall take effect the / ''-day of A�te,4- 2010.
PASSED and ADOPTED this '1'A day of ./4
ATTEST:
ROBERT PARCHER, CITY CLERK
F:1atto\TURN\ORDINANC1Children PlayAreas.docx
, 201D.
MA TI HERRE' • B•WER
MAYOR
A FPROVr:D AS TO
OFtrvit & LANGUAGE.
& FOR EXECUTION
2
TO BE PLBLISF ID Lv TIE OFFICLAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
BILL LOCKYER
Attorney General
OPINION
of
BILL LOCKYER
Attorney General
MARC J. NOLAN
Deputy Attorney General
No. 05-303
April 28, 2006
THE HONORABLE DAVE JONES, MEMBER OF THE STATE
ASSEMBLY, has requested an opinion on the following question:
May a city ordinance limit the use of play equipment that is designed for small
children and located within an area of a city park known as a "tot lot" to the use of young
children?
CONCLUSION
A city ordinance may limit the use of play equipment that is designed for small
children and located within an area of a city park known as a "tot lot" to the use of young
children.
1 05-303
ANALYSIS
Public Resources Code section 5193 authorizes a board ofparkco-nr-Hssioners
to "pass and adopt ordinances which are necessary for the regulation, use, and government
of the parks and grounds under its supervision, not inconsistent with the laws of the State."
(See People v. Trantharn (1984) 161 Cal.App.3d Supp. 1, 13 ["a local entity has exclusive
jurisdiction over the management and control of its parks and may enact and enforce such
regulations and rules that are necessary or appropriate to promote park purposes and to
ensure the public's health, safety and welfare in the usage of its parks"].) Our Supreme
Court has observed that "a city not only has the power to keep its streets and other public
property open and available for the purpose to which they are dedicated, it has a duty to do
so. [Citation.]" (Tobe v. City of Santa Ana (1995) 9 Ca1.4th 1069, 1109.)
We are informed that a city council is considering whether to enact an
ordinance that would, among other things, limit the use of play equipment that is located
within an area of a city park 'mown as a "tot lot." The equipment is designed for small
children, and only young children would be allowed to use the equipment under the proposed
ordinance. The intent of the ordinance would be to protect small children using the tot lot
from injury that might occur, for example, should older children or adults use or damage the
play equipment that is located there.' We conclude that the proposed restriction would be
a valid exercise of the city's police power.
The general authority of cities and counties to adopt local ordinances and
regulations is set forth in section 7 of article XI of the Constitution: "A county or city may
make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws." (See also Tobe v. City of Santa Ana, supra,
9 Ca1.4th at p. 1109.) The exercise of this constitutional authority, often referred to as the
"police power," is subject to the limitations that it be confined to the city's or county's
territorial boundaries and be subordinate to state law; apart from these limitations, a city's
or county's police power is as broad as the police power exercisable by the Legislature itself.
(Candid Enterprises, Inc. v. Grossmont Union High School District (1985) 39 Ca1.3d 878,
885; Birkenfeld v. City of Berkeley (1976) 17 Ca1.3d 129, 140; 87 Ops. Cal.Atty. Gen. 148,
148-149 (2004); 85 Ops.Cal.Atty.Gen. 21, 21- 22 (2002); 73 Ops.Cal.Atty.Gen. 28, 29-30
1 The proposed ordinance includes the city council's finding that improper use of facilities designed
for specific intended uses, such as tot lot playgrounds, "causes excessive damage to public recreational
facilities and hinders those who wish to use the facilities for their intended use." The proposed ordinance states
that its purpose is "to maximise the proper use of City -owned public recreational facilities, prevent excessive
wear, damp ge, and deterioration of City -owned public recreational facilities, and maintain the availability of
City -owned public recreational facilities for a variety ()fuses ...."
2 05-303
(1990).) An ordinance enacted under a city's or co,inty's police power "will ordinarily be
upheld if 'it is reasonably related to promoting the public health, safety, comfort, and
welfare, and if the means adopted to accomplish that promotion are reasonably appropriate
to the purpose. [Citations.]' " (Sunset Amusement Co. v. 3oard, of Police COMM. of the City
of Los Angeles (1972) 7 Ca1.3d 64, 72.)
As a threshold matter, we believe that the proposed ordinance in question,
designed to preserve the tot lot's equipment and protect the young children for whose use the
equipment was ,designed, would be "reasonably related to promoting the public health,
safety, comfort, and welfare." Further, we fend that limiting use of the tot lot facilities to
young children is a reasonably appropriate means of accomplishing that purpose. Indeed,
the proposed ordinance is consistent with state law that requires playground operators,
including state, city, and county agencies, to impose guidelines for the use of playgrounds
that are "at least as protective as the guidelines in the Handbook for Public Playground
Safety produced by the United States Consumer Products Safety Commission ...." (Health
& Safi Code, § 115725.) Among other things, that federal publication states: "It is
recommended that for younger children, playgrounds have separate areas with appropriately
sized equipment and materials to serve their developmental levels." (U. S. Consumer
Product Safety Com., Handbook for Public Playground Safety, Pub. No. 325 (1997), § 6.3,
p. 8.) Accordingly, the proposed ordinance would be consistent with the "general laws" for
purposes of section 7 of Article XI of the Constitution. (See 87 Ops.Cal.Atty.Gen., supra,
at p. 149.)
However, the proposed ordinance would bar individuals above a certain age
(e.g., five years old) from using the tot lot playground equipment, and we note that both the
federal and state Constitutions guarantee all citizens the equal protection of the law. (U.S.
Const., 14th Amend.; Cal. Coast., art I, § 7.) Would the proposed ordinance violate the
equal protection rights of those who are excluded from the tot lot play area facilities?
In answering this question, we are guided by the general principle that "the
equal protection clause does not forbid classifications. [Citation.]" (People v. Health
Laboratories of North America, Inc. (2001) 87 Cal.App.4th 442, 448.) Rather, "[s]o long
as the classification is not arbitrary but is based on some difference in the classes having a
substantial relation to a legitimate object to be accomplished, Legislatures may make
reasonable classifications of persons, businesses and activities. [Citation.]'' (Ibid.)
An equal protection analysis of a given statute focuses first on whether the
statute discriminates on the basis of a suspect classification, such as race or national origin,
or whether it adversely affects the exercise of a fundamental right guaranteed by the United
States Constitution. (See Hicks v. Superior Court (1995) 36 Cal.App.4th 1649, 1657-1658;
3 05-303
Burnett v. San Francisco Police Dept. (1995) 36 Cal.App.4th 1177, 1188-1190.) If so, the
statute is subject to "strict scrutiny' and will only pass constitutional muster if the
differential treatment it imposes is necessary and narrowly tailored to serve a compellhrg
state interest. (See Bernardo v. Planned Parenthood Federation of America (2004) 115
Cal.App.4th 322, 365.) If not, the statute need only 'bear some rational relationship to a
legitimate state purpose.' " (Burnett v. San Francisco Police Dept., supra, 36 Cal.App.4th
atp. 1188, citing City cfDalias v. Stanglin (1989) 490 U.S. 19, 23; San Antonio Independent
School Dist. v. Rodriguez (1973) 411 U.S. 1, 40.)
Although the proposed city ordinance involves an age -based classification, age
"is not recognized as a suspect classification under either the United States or California
Constitutions." (Hicks v. Superior Court, supra, 36 Cal.App.4th at pp. 1657-1658, citing
Massachusetts Bd. of Retirement v. Murgia (1976) 427 U.S. 307, 313; In re Arthur W.
(1985) 171 Cal.App.3d 179, 186; P.ittenbandv. Coiy (1984) 159 Ca1.App.3d 410, 418.) Nor
has it ever been held that all individuals have som fundamental constitutional righo enter
into and use facilities designed for the use of a particular segment of the population (Burnett
v. San Francisco .Police Dept., supra, 36 Ca1.App.4th at p. 1189 [18- to 20-year-old persons
excluded from after-hours clubs under city ordinance have no fundamental right to associate
with those 21 and older who are allowed to patronize such clubs])'- or to occupy a public park
without restriction (see Tobe v. City of Santa Ana, supra, 9 Ca1.4th at pp. 1101-1103 ["no
camping" restriction at public park does not implicate fundamental right to travel]; see also
Doe v. City of Lafayette (7th Cir. 2004) 377 F.3d 757, 772-773 [any "right" to enter public
parks for innocent purposes cannot be considered "fundamental"]).
in part:
2 Indeed, the lack of such a fundamental right is reflected in Penal Code section 653 g, which provides
"Every person who loiters about any school or public place at or near which children
attend or normally congregate and who remains at any school or public place at or near which
children attend or normally congregate, or who reenters or comes upon a school or place
within 72.hours, after being asked to leave by the chief administrative official of that school
or, in the absence of the chief administrative official, the person acting as the chief
administrative official, or by a member of the security patrol of the school district who has
been given authorization, in writing, by the chief administrative official of that school to act
as his or her agent in performing this duty, or a city police officer, or sheriff or deputy sheriff,
or Department of the California Highway Patrol peace officer is a vagrant, and is punishable
by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail
for not exceeding six months, or by both the fine and the imprisonment."
4 05-303
Thus, the proposed ordinance poses no equal protection concern so long as '_t
is rationally related to a legitimate state turpose. With regard to this so-called rational
basis" test, the California Supreme Court in Kasier v. Locl yer (2003) 23 Ca1.4th 472, 4 31-
482, quoted from Warden v. State Bar (1999) 21 Ca1.4th 623, 644, as folio ,,s:
... 'As both the United States Supreme Court and this court have
explained on many occasions, "[i]n areas of social alad economic policy, a
statutory classification that neither proceeds along suspect lines nor infringes
fundamental constitutional rights must be upheld against equal protection
challenge if there is any reasonably conceivable state of facts that could
provide a rational basis for the classification. [Citations.] Where there are
`plausible reasons' for [the classification] our inquiry is at an end.' "
[Citations.]' "
As stated earlier, we find that restricting the use of the tot lot playground
equipment to young children is rationally related to the legitimate purpose of best
maintaining the equipment for its intended use. Put another way, the city council may
reasonably and plausibly conclude that the contemplated age restriction will result in safer
play equipment and a safer play experience for the young children for whom the equipment
Was designed. The restriction, therefore, would not violate the equal protection rights of
those excluded from using the tot lot facilities.
We conclude that a city ordinance may limit the use of play equipment that is
designed for small children and located within an area of a city park lmown as a "tot lot" to
the use of young children.
5 05-303
Rules of the City of New York --.. itle 56 Page 1 of 8
Rules of the City of New York -
Title 56
Department of Parks and Recreation
1-05 Regulated Uses.
(a) Assemblies, meetings, exhibitions. (1) No person shall hold or sponsor any
special event or demonstration without a permit.
(2) Reserved.
(3) No person shall erect any structure, stand, booth, platform, or exhibit in
connection with any assembly, meeting, exhibition or other event without
approval of the Commissioner or his designated representative.
(b) Unlawful vending. No person in any park, or street adjacent to or abutting
a park (including all public sidewalks of such abutting streets) shall sell, offer for
sale, hire, lease or let anything whatsoever, except under and within the terms of
a permit, or except as otherwise provided by law.
(c) Unlawful posting of notices or signs. (1) No person shall post, display,
affix, construct or carry any placard, flag, banner, signor model or display any
such item by means of aircraft, kite, balloon or other aerial device, in, on, or
above the surface of any park for any purpose whatsoever without a permit issued
by the Commissioner. Each separate item placed in violation of this section shall
constitute a separate violation.
(2) Notwithstanding paragraph (1) of this subdivision (c), any person may
carry any item described in paragraph (1) of this subdivision (c), without the aid
of any aircraft, kite, balloon or other aerial device, where the space on which the
message of such item is contained has a height no greater than two feet and a
length no longer than three feet, and that such item takes up a total area of no
more than six square feet.
(3) Any person who posts or displays a sign upon park property, including the
perimeters of any park, whether or not pursuant to a permit issued under this
subdivision (c), shall be responsible for removal of such sign pursuant to the
conditions in such permit, or immediately if no such permit has been issued.
Failure to remove any sign that is posted or displayed on such property, or that
remains on such property, other than in compliance with such permit, shall
constitute a violation of these Rules and Regulations.
(4) In the event that a notice or sign is, in violation of this subdivision (c),
posted or displayed on any property, including the perimeters of any park, there
shall be a rebuttable presumption that any person whose name, telephone
number, or other identifying information appears on such notice or sign has
violated this subdivision by either (i) pasting, posting, painting, printing or
nailing such notice or sign, or (ii) directing, suffering or permitting a servant,
agent, employee or other individual under such person's control to engage in such
activity; provided, however, that such rebuttable presumption shall not apply
with respect to criminal prosecutions brought pursuant to this paragraph (4).
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(d) Noise; musical instruments; sound reproduction devices. (1) No person
shall make, or cause or allow to be made, unreasonable noise in any park so as to
cause public inconvenience, annoyance or harm. Unreasonable noise means any
excessive or unusually loud sound that 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 injury to
plant or animal life, or damage to property or business.
(2) No person shall play or operate any sound reproduction device, as defined
in §1-02 of these Rules, in any park without a permit from the Department of
Parks and Recreation and any other City agency or agencies with pertinent
jurisdiction. This paragraph (2) shall not apply to the regular and customary use
of portable radios, record players, compact disc players, or television receivers,
or tape recorders played or operated in full accordance with these Rules so as not
unreasonably to disturb other persons in their permitted uses of the park, except
that in areas designated by the Commissioner as "quiet zones," such regular and
customary use of sound reproduction devices shall be prohibited. Signs shall be
posted in all quiet zones advising the public of such prohibition. Use of radios
and . other sound reproduction devices listened to solely by headphones or
earphones, and inaudible to others, is permitted in all areas of the parks.
(3) No person shall play or operate any musical instrument or drum, radio, tape
recorder or other device for producing sound in any park between the hours of
10:00 p.m. and 8:00 a.m. except under the express terms of a permit. The
Commissioner may, in his or her discretion, further restrict such hours in specific
parks where such operation would disturb or damage the comfort, peace, health
or safety of persons or businesses.
(4) No person shall play or operate any musical instrument or drum or cause
any noise for advertising or commercial purposes except under the express terms
of a permit.
(e)(1) Filming or photography requiring a permit. Any person or entity
engaged in filming or photography in a park, where such activity is subject to the
permit requirements of the Mayor's Office of Film, Theatre & Broadcasting
("MOFTB") (Chapter 9 of Title 43 of the Rules of the City of New York) may
engage in such activity only upon obtaining such a permit from that Office. Such
permittee shall comply with the requirements of §9-02(c) of such rules
("Responsibility of Holders of Required and Optional permits") including, but
not limited to, the obligation to clean and restore any Department property altered
in connection with the exercise of such permit. (2) Filming or photography not
requiring a permit. Any person or entity engaging in filming or photography in a
park, where such activity does not require a permit under the permit requirement
rules of MOFTB, may engage in such activity without obtaining a peiuiit from
that Office. In addition, any person or entity engaging in filming or photography
involving only the use of handheld devices (as defined in paragraph (3) of
subdivision (a) of §9-02 of the MOFTB permit rules) that takes place in an area
under the Department's jurisdiction that is not a sidewalk, pathway, street, or
walkway of a bridge need not obtain a MOFTB permit. Nothing herein shall be
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deemed to relieve such person or entity- of the obligation to obtain a permit from
the Depal Luient if such activity involves conduct otherwise requiring a permit
pursuant to any other rule of the Depa_Liuent.
(f) Alcoholic beverages. (1) Except where specifically permitted by the
Commissioner, no person shall consume any alcoholic beverage in any park,
playground, beach, svNI-nming pool or other park property or facility, nor shall
any person possess any alcoholic beverage with intent to consume or facilitate
consumption by others of same in any park, playground, beach, swimming pool,
or other park property or facility.
(2) It shall be a violation of these rules for any person to appear in any park
under the influence of alcohol, to the degree that he may endanger himself or
herself, other persons or property, or unreasonably annoy persons in his or her
vicinity.
(g) Beaches, boardwalks and pools. (1) Bathing in waters adjacent to property
under the jurisdiction of the Department shall be permitted only at authorized
bathing beaches and only during the bathing season designated by the
Commissioner. The Commissioner may limit or expand the extent of bathing
beaches or shorten or extend the bathing season with due regard for weather
conditions and the safety of the public. It shall be a violation of these rules to
bathe at any time in unauthorized areas.
(2) Except where permitted by the Commissioner, no person shall bring into
or use in any pool under the jurisdiction of the Department, artificial floats,
masks, spears, fins, snorkels, air or gas tanks, or other apparatus used for skin or
scuba diving. No person shall bring into or use in any other water under the
jurisdiction of the Department, artificial floats, spears, fins, snorkels, air or gas
tanks, or other apparatus used for scuba diving.
(3) Except in locations designated for such purpose, no person shall engage in
any athletic game or conduct himself in such a way upon a bathing beach or in
the water as to jeopardize the safety of himself or others. Surfboards are allowed
only at areas expressly designated for such use.
(4) No person having, or apparently having any infectious disease shall be
admitted to a bathing beach or bath house, or shall be permitted in the water.
(5) No person shall change clothes except in bath houses or other authorized
places. No person shall be nude at any bathing area, beach or pool rnder the
jurisdiction of the Department.
(6) No person shall disobey the reasonable direction of a lifeguard, nor shall
any person carry on unnecessary conversation with a lifeguard, or falsely call for
help or assistance, or stand, sit upon, or cling to lifeguard perches, or cling to or
go into a lifeguard boat except in an emergency.
(7) Persons using swimming pools under the jurisdiction of the Department
may only do so if dressed in bathing suits, and only after showering at the park
immediately prior to entering such pools.
(8) Bathing and swimming in park swimming pools shall be allowed only on
such days and at such times as are designated by the Commissioner and posted at
each facility.
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(9) No person shall dive into water 12nder the jurisdiction of the department
except where spec_ficalltauthorized by posted sirs.
(h) Fishing. (1) Fishing shall be nerinitted from locations under the
jurisdiction oI the Department, except in open swimming areas or where
specifically prohibited. Any person who engages in fishing shah obey all posted
guidelines, and comply with all applicable City-, State and Federal laws and
regulations, including Title 6 of the New York State Environmental Conservation
Law.
(2) The use of lead fishing weights in waters under the jurisdiction of the
Department shall be a violation of these rules.
(3) Failure to remove fishing line fragiiients and hooks from land and waters
under the jurisdiction of the Department shall be a violation of these rules.
(4) All fish caught in fresh water areas shall be immediately released. The use
of barbed hooks in such areas shall be a violation of these rules.
(5) The use of traps to catch fish and/or crustaceans in areas under the
jurisdiction of the Department shall be prohibited.
(i) Bicycling and operating Pedicabs.
(1) Any person bringing a bicycle or a pedicab into any park shall obey all
park signs pertaining to the use of such bicycles or pedicabs. Only pedicabs that
carry a registration plate as required by §20-255 of the New York City
Administrative Code and are operated by, or are authorized to be operated by, a
pedicab business that possesses a valid pedicab business license, as defined by
§20-249 of the New York City Administrative Code, may be operated within
property under the jurisdiction of the Department. Only a pedicab driver as
defined by §20-249 of the New York City Administrative Code who has a valid
pedicab driver's license as defined by §20-249 of the New York City
Administrative Code may operate a pedicab within property under the
jurisdiction of the Department.
(2) No bicycle or pedicab shall be ridden or otherwise operated in vegetated
areas or on any bridle path, pedestrian way, park path, sitting or play area,
playground, or in any other area so designated. Bicycles may be ridden and
operated on park roads, bikepaths, and other areas specifically designated by the
Commissioner. Pedicabs may only be operated on park roads designated by the
Commissioner and may not be operated or stopped in (i) any recreation lane
designated by the Commissioner for use by pedestrians or bicyclists; or (ii) any
bikepath designated by the Commissioner.
(3) No person shall operate a bicycle or a pedicab in a reckless manner. Any
person operating a bicycle or pedicab shall ride in the direction of traffic and
obey all traffic lights and road signs. Persons operating pedicabs may not ride
adjacent to another pedicab, bicycle or vehicle, except when using the left lane to
pass another pedicab, bicycle or motor vehicle.
(4) No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped, except children may be carried in
seats securely attached to a bicycle. No person riding a bicycle shall attach
himself or herself or his/her bicycle to the outside of any vehicle being operated
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upon a roadway.
(5) Any person operating a bicycle shall yield the right of way to pedestrians,
in -line skaters, and horse drawn Carriages. Any person operating .., pedicab shall
yield the right of way to pedestrians, bicyclists, in -line skaters, and horse drawn
carriages.
(6) vOn the park roads in Central Park, all pedicabs shall remain in the far right
lane, except when passing another pedicab, bicycle, or vehicle; in which case the
pedicab may use the next lane to the left to pass.
(7) No person shall operate a pedicab adorned with commercial advertising in
any park, or at any other location under the jurisdiction of the Department, unless
the pedicab is • on a park road during a time when private motor vehicles are
allowed to operate on such park road.
(8) No person operating a pedicab in any park, or at any other location under
the jurisdiction of the Department, shall solicit, pick up or release passengers
except at areas specifically designated by the Commissioner, subject to any
limitation imposed by the Commissioner as to the number of pedicabs that may
solicit, pick up or release passengers in such designated areas at any given time.
Signs shall be posted informing the public of the designation of such areas for
solicitation, pick up or release of pedicab passengers.
(9) No person operating a pedicab shall occupy an area reserved solely for
buses, taxicabs, horse drawn carriages or other vehicles or motor vehicles.
(10) In addition to complying with the provisions of this subdivision (i) of §1-
05, pedicab drivers shall operate pedicabs in compliance with the provisions of
§20-259 of the New York City Administrative Code.
(11) If there are exceptional circumstances, the Commissioner, in consultation
with the Commissioners of the Police, Transportation and Consumer Affairs
Departments, shall be authorized, upon notice, to restrict or prohibit any pedicab
driver, as defined by §20-249 of the New York City Administrative Code, from
operating his or her pedicab on any park road otherwise designated for pedicab
use, for a consecutive period of time, not to exceed fourteen days, or on one or
more particular days. For purposes of this paragraph, exceptional circumstances
shall include, but not be limited to, unusually heavy pedestrian or bicycle traffic,
existence of any obstructions on Department property, a parade, demonstration,
special event, or other such similar event or occurrence at or near such location.
Notwithstanding the preceding provisions of this paragraph, the Commissioner
may restrict or prohibit the operation of pedicabs within property under the
jurisdiction of the Department for periods of time in excess of fourteen days
when such restrictions apply to bicycles or other types of vehicles.
(j) Boating. No person shall land a boat of any kind other than a human -
powered boat, such as a kayak, canoe, rowboat or pedal boat, on any park shore
except at designated landing areas or in case of an emergency. No person shall
operate a boat of any kind, including jet -skis, upon any waters under the
jurisdiction of the Commissioner in a reckless manner so as to endanger the life,
limb or reasonable comfort of his or her passengers or other.persons. Boating in
any authorized bathing area is prohibited. •
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(k) Unlawful ice activity. (1) Ice skating is permitted at rinks maintained by
the Department for such use, at such times, and subject to the Rules and
Regulations prescribed and posted at each facility.
(2) No person shall go upon the ice of any lake or pond in any park except at
r
such places and at such times as may be designated by the Commissioner.
(1) Planting. No tree, plant, bower, shrubbery or other vegetation shall be
planted in any area under the jurisdiction of the Depai talent without a permit. No
such planting shall be undertaken on any street or avenue without a permit for the
necessary excavation from the Department of Transportation. Trees planted
pursuant to permits shall become the property of the City after a guarantee period
of one year has been satisfactorily completed.
(m) Unlawful fires. (1) No person shall kindle, build, maintain, or use a fire in
any place, portable receptacle, or Erill except in places provided by the
Department and so designated by sign or by special permit. In no event shall
open or ground camp fires be allowed in any park. Any fire authorized by this
subdivision (m) shall be contained in a portable receptacle grill or other similar
device, and continuously under the care and direction of a competent person over
18 years of age, from the time it is kindled until it is extinguished. No fire shall
be within ten feet of any building, tree, or underbrush or beneath the branches of
any tree.
(2) No person shall leave, throw away or toss any lighted match, cigar, or
cigarette, hot coals, or other flammable material within, on, near, or against any
tree, building, structure, boat, vehicle or enclosure, or in any open area.
(n) Unlawful operation and parking of motor vehicles. (1) Motor vehicles may
not be brought into or operated in any area of a park except on park roads or
designated parking areas. Park roads may be closed to motor vehicles at such
times and in such places designated by the Commissioner.
(2) A person shall not park any motor vehicle in any park except in areas
designated by the Commissioner for parking, and only during the hours of
operation of such park.
(3) No person shall use any area of a park, including designated parking areas,
for the purpose of performing non -emergency automotive work, including, but
not limited to, vehicle maintenance, repairs, or cleaning.
(o) Unauthorized construction on park property. No person shall perform or
cause to be performed construction work of any kind or any work incidental
thereto, including storage of materials, in any park except pursuant to a permit
issued by the Construction Division of the Department.
(p) Unauthorized dumping, excavations. No person shall perform, cause,
suffer or allow to be performed any excavations within or adjacent to any park
property without a permit.
(q) Horse riding. (1) No person may ride a horse in any park, except on bridle
paths designated by the Department.
(2) It shall be a violation of these Rules to ride a horse into or within a park in
a reckless manner; to allow the horse to be left unbridled or unattended; or to
allow the horse to cause any damage to any tree, plant, flower, shrubbery or other
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Rules of the City of New York_ itle 56 �_ Page 7 of 8
vegetation under the jurisdiction of the Depa_r tLient.
(r) Failure to comply with area use resrictions. (1) No person shall throw,
catch, kick or strike any baseball, football, basketball, soccer, golf or tennis ball,
or similar object, nor shall any person engage in any sport, game or other
competition except in areas designated and maintained therefore. No such use
will be allowed at any time if the desired area has previously been allotted by
permit issued pursuant to the provisions of these Rules. •
(2) No person shall engage in any toy or model aviation, kite -flying, model
boating or model autolnobiling except at such times and at such places
designated or maintained therefore.
(3) No person shall roller skate, ski, skateboard, sled or coast on any kind of
vehicle except in areas designated and maintained for such use.
,(s) Exclusive areas. Areas within the parks designated by the Commissioner
for exclusive use shall include:
(1) Exclusive children playgrounds: Adults allowed in playground areas only
when accompanied by a child under the age of twelve (12).
(2) Exclusive senior citizens areas: Certain areas of any park may be set aside
for citizens aged 65 and older, for their quiet enjoyment and safety.
(3) Dog Runs: Certain fenced park areas may be designated by the
Commissioner as dog runs, and persons owning or possessing dogs that are
wearing a license tag and vaccinated against rabies pursuant to the laws of the
State of New York and City of New York are permitted to allow such animals to
remain unleashed in these areas. Users of dog runs shall obey posted rules. Users
of such dog runs shall provide proof of current vaccination against rabies and
proof of current licensing upon the request of any Police Officer, Urban Park
Ranger, Parks Enforcement Patrol Officer or other Department employee or
employee of the DOHMH, the refusal of which shall constitute a violation of § 1-
03(c), §1-04(i) and of this paragraph.
All exclusive areas will be specifically designated as such and signs will be
posted informing the public of this designation.
(t) Unlawful distribution of products and materials. No person shall engage in
the non-commercial distribution of products and/or material (other than printed
or similarly expressive material) without a periuit issued by the Commissioner. A
permit shall be issued only upon the Commissioner's determination that said
distribution will be conducted in a manner consistent with the public's use and
enjoyment of the park or facility in question. In making this determination, the
Commissioner will consider the nature of the product or material, whether the
product or material is compatible with customary park uses, whether the product
or material is intended to be used in the park or facility, the age of the .targeted
audience for the product or material, and whether the area in the park or facility
where the distribution will take place is appropriate for such distribution,
considering, e.g., its proximity to areas designed for children, quiet zones or other
areas designed for activities not compatible with such distribution. In connection
with the foregoing, the Commissioner may consult with parental groups which
are involved with the park or facility where a permit for distribution is requested.
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Rules of the City of New York `__de 56 Page 8 of 8
The Coinmissioner may also impose conditions upon the distribution of products
and materials consistent with the concerns reflected by the factors listed above.
Products and'or materials may be distributed only upon an indication of interest
by the recipient, and only from a fixed location specified in the pert
(u) ?o her blades. Any person using rollerblades or roller skates in any park
shall obey all park signs pertaining- to the use of same. No person shall use
rollerblades in any park except for park drives or areas designated for such use by
the Department, and at times designated for such use. No person shall use
rollerblades in a reckless manner, or so as to endanger persons or property.
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New York City
Department of Parks and Recreation
Notice of Opportunity to Comment of Proposed Rule
Revision of Parks Rules and Regulations
NOTICE IS HERESY GIVEN PURSUANT TO THE AUTHORITY VESTED Ii'�'
the Commissioner of the Department of Parks and Recreation ("Parks") by Section 533(a)(9) of
the New York City Charter and in accordance with the requirement of Section 1043 of the New
York City Charter, that Parks proposes to revise and amend Section 1-02 and 1-05 to Title 56 of
the Official Compilation of rules of the City of New York. New rnatter is underlined, matter
being deleted is indicated by brackets.
Written comments regarding the proposed rule may be sent to Alessandro G. 01_ivieri,
General Counsel, Department of Parks and Recreation, The Arsenal, Central Park, 830 Fifth
Avenue, New York, NY 10065, by [date]. A public hearing will be held on [date] at [location
and time]. Persons seeking to testify are requested to notify Associate Counsel Laura LaVelle at
the address stated above. Persons who request that a sign language interpreter be provided at the
hearing are asked to notify Laura LaVelle at the foregoing address by [date]. Written comments
and a tape recording of oral comments received at the hearing will be available for public
inspections, within a reasonable time after receipt, between the hours of 9:00 a.m. and 5:00 p.m.
at The Arsenal, Room 313, telephone number (212) 360-1313.
REVISIONS TO SECTIONS 1-02 and 1-05 OF CHAPTER 1 OF TITLE 56 OF THE
OFFICIAL COMPILATION OF THE RULES OF TH CITY OF NEW YORK
Section 1-02 of Chapter 1 of Title 56 of the Official Compilation of the Rules of the City of New
York is amended by adding the following definition, in alphabetical order:
Playground. "Playground" means any designated and posted play area for children, which may
include playground equipment, spray showers. and name playing areas.
Paragraph (1) of subdivision (s) of section 1-05 of Chapter 1 of Title 56 of the Official
Compilation of the Rules of the City of New York is amended to read as follows:
(s) Exclusive areas. Areas within the parks designated by the Commissioner for exclusive use
shall include:
(1) Exclusive [Childress] Children's Playgrounds: Adults are allowed in playground areas only
when supervising [accompanied by a child] children under the age of twelve (12). For the
purposes of this subdivision. adults are defined as all persons 18 years of age and over.
Statement of Basis and Purpose of Proposed Rule
This rule is proposed pursuant to the authority of the Commissioner of the Department of
Parks and recreation (the "Commissioner") under Section 389, 533(a)(9) and 1043 of the New
York City Charter. The Commissioner is authorized to establish and erorce rules for the use,
governance, and protection of public parks and of all property under the charge or control of the
Department of Parks and Recreation.
The amended rule provisions clarifies the status in Parks playgrounds of persons between
the ages of 13 and 18, making clear that such people are not cons;_dered adults and are therefore
welcome in Parks playgrounds whether or not they are in the company of a younger child.