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All public beaches laid out on the map or plan of the city shall be under the jurisdiction of the commissioner. The commissioner shall also have charge of the care and maintenance thereof and shall prominently post each beach as having "polluted waters not recommended for bathing" as periodically determined by the commissioner of health.
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 ordinance 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 artificially-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 artificially-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 mount 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.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Authorized person. The term "authorized person" means an employee or contractor of the city engaged in the performance of such person's assigned duties.
Elevated boardwalk. The term "elevated boardwalk" means a footpath, walkway or causeway built above sand or marshy ground along a beach or waterfront.
Motor vehicle. The term "motor vehicle" means a vehicle designed to be operated or driven upon a public highway which is propelled by any power other than muscular power or a utility vehicle, except motor vehicle shall not mean an electrically-driven mobility device operated or driven by a person with a disability.
Utility vehicle. The term "utility vehicle" means a vehicle that is propelled by any power other than muscular power and is designed to perform maintenance work and carry small loads of equipment.
b. No person other than an authorized person may operate a motor vehicle on an elevated boardwalk under the jurisdiction of the commissioner.
c. Authorized persons shall only use utility vehicles that weigh under 2,400 pounds and carry no more than six people when operating a motor vehicle on a principally wooden elevated boardwalk, except that authorized persons may use other motor vehicles if necessary to provide public safety, maintenance or construction services.
d. Any person who violates subdivision b of this section shall be guilty of a misdemeanor punishable by not more than 90 days imprisonment or by a fine of not more than $1,000 or by both such fine and imprisonment. Such person shall also be liable for a civil penalty of not less than $500 nor more than $1,000.
(L.L. 2021/061, 5/23/2021, eff. 5/23/2021)
a. Any building, whether new or altered, abutting on any boardwalk or public beach that has or is to have an open front or fronts, or in which business is or is intended to be done through windows or doorways, shall have and maintain an adequate setback satisfactory to the commissioner of buildings, such setback to be not less than four feet.
b. Any person violating any of the provisions of this section, upon conviction thereof, shall be punished by a fine not to exceed ten dollars, or by imprisonment, not to exceed ten days, or by both.
c. This section shall not prevent or make unlawful the installation of footings for temporary barriers or shields in accordance with section 3202.1.1.1 of the New York city building code or temporary flood shields, stairs or ramps in accordance with section 3202.4.3 of the New York city building code.
The commissioner may furnish, erect and maintain on any public beach any life-saving apparatus, appliances and paraphernalia, for the protection and safety of bathers which any law, rule or regulation now or hereafter may require keepers of bathing establishments along the seashore to furnish and maintain. During such period as the commissioner shall furnish and maintain the same, the duty of keepers of bathing establishments on, near or along the inshore line of any such public beach to do so shall be suspended. If for any period the commissioner shall not furnish and maintain the same such commissioner shall, under such rules and regulations as he or she may establish therefor, issue permits to such keepers to furnish, erect and maintain the same.
a. Gifts of real and personal property, except such surplus animals and duplicate specimens as the commissioner may deem it judicious to dispose of by sale or otherwise, shall be forever properly protected, preserved and arranged for public use and enjoyment.
b. The commissioner, with his or her annual report, shall make a statement of the condition of all the gifts, devises and bequests of the previous year, and of the names of the persons making the same.
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