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It shall be unlawful for any person to operate a motor boat within three hundred feet of any public beach used by bathers. Any person who shall violate or refuse to comply with the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars or by imprisonment not exceeding three months or by both such fine and imprisonment.
It shall be unlawful for any person to swim or bathe in any of the waters within the jurisdiction of the city, except in public or private bathing houses, unless covered with a bathing suit so as to prevent any indecent exposure of the person; and it shall be unlawful for any person to dress or undress in any place exposed to view. Any person who shall violate or refuse to comply with the provisions of this section shall, upon conviction thereof, be punished by a fine of not more than ten dollars or by imprisonment not exceeding ten days or by both such fine and imprisonment.
a. Definitions. Whenever used in this section, the following terms are defined as follows:
1. Alcoholic beverage. Any liquid intended for human consumption containing more than one-half of one percent (.005) of alcohol by volume.
2. Public place. A place to which the public or a substantial group of persons has access including, but not limited to, any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the city except that the definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property. Such public place shall also include the interior of any stationary motor vehicle which is on any highway, street, road, parking area, shopping area, playground, park or beach located within the city.
b. No person shall drink or consume an alcoholic beverage, or possess, with intent to drink or consume, an open container containing an alcoholic beverage in any public place except at a block party, feast or similar function for which a permit has been obtained.
c. Possession of an open container containing an alcoholic beverage by any person shall create a rebuttable presumption that such person did intend to consume the contents thereof in violation of this section.
d. Nothing in this section shall be deemed to prohibit the consumption of an alcoholic beverage in any duly licensed establishment whose certificate of occupancy extends upon a street.
e. The violation of subdivision b of this section shall constitute an offense punishable by a fine of not more than 25 dollars or imprisonment of up to one day, or pursuant to the provisions of the family court act of the state of New York where applicable.
f. Any person who violates subdivision b of this section shall be liable for a civil penalty of up to 25 dollars, which may be recoverable in a proceeding before the office of administrative trials and hearings, pursuant to chapter 45-A of the charter.
(Am. L.L. 2016/074, 6/13/2016, eff. 7/13/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/076 and L.L. 2016/074.
a. Definitions. When used in this section the following words or terms shall mean or include:
1. "Aircraft." Any contrivance, now or hereafter invented for avigation or flight in the air, including a captive balloon, except a parachute or other contrivance designed for use, and carried primarily as safety equipment.
2. "Place of landing." Any authorized airport, aircraft landing site, sky port or seaplane base in the port of New York or in the limits of the city.
3. "Limits of the city." The water, waterways and land under the jurisdiction of the city and the air space above same.
4. "Avigate." To pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise.
5. "Congested area." Any land terrain within the limits of the city.
6. "Person." A natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
b. Parachuting. It shall be unlawful for any person to jump or leap from an aircraft in a parachute or any other device within the limits of the city except in the event of imminent danger or while under official orders of any branch of the military service.
c. Take offs and landings. It shall be unlawful for any person avigating an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.
d. Advertising.
1. It shall be unlawful for any person to use, suffer or permit to be used advertising in the form of towing banners from or upon an aircraft over the limits of the city, or to drop advertising matter in the form of pamphlets, circulars, or other objects from an aircraft over the limits of the city, or to use a loud speaker or other sound device for advertising from an aircraft over the limits of the city. Any person who employs another to avigate an aircraft for advertising in violation of this subdivision shall be guilty of a violation hereof.
2. Any person who employs, procures or induces another to operate, avigate, lend, lease or donate any aircraft as defined in this section for the purpose of advertising in violation of this subdivision shall be guilty of a violation hereof.
3. The use of the name of any person or of any proprietor, vendor or exhibitor in connection with such advertising shall be presumptive evidence that such advertising was conducted with his or her knowledge and consent.
e. Dangerous or reckless operation or avigation. It shall be unlawful for any person to operate or avigate an aircraft either on the ground, on the water or in the air within the limits of the city while under the influence of intoxicating liquor, narcotics or other habit-forming drugs, or to operate or avigate an aircraft in a careless or reckless manner so as to endanger life or property of another. In any proceeding or action charging careless or reckless operation or avigation of aircraft in violation of this section, the court, in determining whether the operation or avigation was careless or reckless, shall consider the standards for safe operation or avigation of aircraft prescribed by federal statutes or regulations governing aeronautics.
f. Air traffic rules. It shall be unlawful for any person to navigate an aircraft within the limits of the city in any manner prohibited by any provision of, or contrary to the rules and regulations of, the federal aviation administration.
g. Reports. It shall be unlawful for the operator or owner of an aircraft to fail to report to the police department within ten hours a forced landing of aircraft within the limits of the city or an accident to an aircraft where personal injury, property damage or serious damage to the aircraft is involved.
h. Rules and regulations. The police commissioner is authorized to make such rules and regulations as the commissioner may deem necessary to enforce the provisions of this section.
i. Violations. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.
a. Definition. When used herein:
1. The word "commercial vehicle," shall mean any vehicle, either horse drawn or motor driven, used, constructed or equipped for the transportation of goods, wares or merchandise in trade or commerce.
b. Vehicles, markings of. Every commercial vehicle operating on the streets of the city shall at all times display permanently, plainly marked on both sides in letters and any numerals in accordance with section 390.21 of title 49 of the code of federal regulations, the name of the owner thereof. The commissioner of transportation may promulgate rules imposing requirements or prohibitions relating to such markings, or both, applicable to such commercial vehicles, provided that any such requirements or prohibitions imposed by such commissioner shall not be more restrictive than any requirements or prohibitions applicable to such vehicles set forth in section 390.21 of title 49 of the code of federal regulations.
c. Violations. Any person convicted of a violation of this section shall be punished by not more than thirty days' imprisonment, or by a fine of not more than fifty dollars, or both.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.
It is hereby declared, as a matter of public policy, that the attire and appearance of females employed in cabarets, dance halls, catering establishments, coffee houses, hotels, restaurants or other places of public accommodations as hostesses, waitresses, cashiers, barmaids or in any capacity in which any such female comes in contact with or is likely to come in contact with the patrons of such establishments, attired in such a manner so that the breasts of such female employees are completely uncovered or covered only by a device attached to the nipples of each breast, is offensive to common decency, abhorrent to the standards of continence of the community and inimical to the general welfare of the people of the city of New York and in order that the peace, health, safety and general welfare of the inhabitants of the city may be protected and insured such conduct is prohibited as hereinafter provided.
a. It shall be unlawful for any female while employed in, or who in any other way is engaged by any cabaret, dance hall, catering establishment, coffee house, hotel, restaurant or other place of public assembly or public accommodation, as a hostess, waitress, cashier, barmaid or in any other capacity wherein she comes in contact with or is likely to come in contact with the patrons thereof, to be clothed or costumed in such a manner so as to appear before the patrons of such place with less than an opaque covering of any portion of the breast below the top of the areola.
b. No person or persons having control of or being in charge of any cabaret, dance hall, catering establishment, coffee house, hotel, restaurant or other place of public assembly or public accommodation shall permit, aid or abet any female to appear in any such place in violation of the provisions of the preceding subdivision and the appearance of any female in any such place in violation of the provisions of the preceding subdivision shall be presumptive evidence that such appearance was with the permission of the person or persons having charge of or control of such places.
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