Any violation of these Rules by an Access Permit holder or by any person accompanying an Access Permit holder is cause for confiscation, suspension or revocation of such Access Permit and any related Tags. Such violation may also affect issuance of future Access Permits and/or Tags as determined by NYCDEP and may also subject the violator to prosecution to the fullest extent of the law.
(a) Confiscation. Upon request of a NYCDEP representative or law enforcement officer, an Access Permit holder or Guest Pass holder must surrender his or her Access Permit and/or Guest Pass and/or any related Tag to the requestor and must immediately leave the City Property.
(b) Notification Procedure. Upon examination of the circumstances, NYCDEP will make a determination to suspend, revoke or return the Access Permit, Guest Pass, and/or Tag. DEP will send its written determination within 45 days of the alleged violation. NYCDEP will send a letter of suspension, revocation, or reinstatement via USPS or electronic mail to the individual's address on file. This letter will specify:
(1) Date, location, and nature of the alleged infraction;
(2) The alleged violator's name, address, and Access Permit or Tag number(s), as applicable;
(3) Citation of the alleged violation as per these Rules;
(4) Notification of penalty imposed and Access Permit or Tag status;
(5) Notification of the opportunity and timeline for appeal.
(c) Suspension. If NYCDEP determines that the Access Permit and Tag should be suspended, a letter including the basis for the suspension, the period of suspension and the expiration date of the suspension period will be sent to the Access Permit holder at the address on file.
(1) Access Permits and Tags may be renewed while suspended; however, the suspended Access Permit holder will not receive a new Access Permit or Tag(s) during the suspension period. Suspended Access Permits may only be renewed by using the NYCDEP Access Permit Update Form. The Access Permit Update Form will be available for download on the NYCDEP website. NYCDEP online renewals will not be allowed for suspended Access Permits. The completed NYCDEP Access Permit Update Form must be mailed to the address on the NYCDEP website. The renewed Access Permit will remain in NYCDEP custody during the suspension period.
(2) The suspended Access Permit holder may not enter upon City Property for Recreational Uses until the period of suspension has ended and NYCDEP returns the Access Permit and related Tags, as applicable.
(3) Depending on the severity of the violation and record of previous violations, Access Permit/Tag suspension may be from 2 months to 5 years from the date of the violation.
(4) Persons with a suspended Access Permit may be permitted, at NYCDEP's discretion, to leave valid Fishing Boats on a Reservoir; however, they may not access or use the Fishing Boat without a Valid Access Permit.
(5) When Access Permits expire under suspension and are not renewed, all Tags automatically expire and all boats operated under these Tags must be removed from City Property.
(d) Penalty Schedule. First offenses of the Rules will result in suspension that is one-third the maximum suspension term as specified in the penalty table for the specific violation. Second offenses will result in a suspension that is one-half the maximum suspension period for the specific violation, and third offenses will result in the maximum suspension period for the specific violation. Two or more violations in one incident shall result in the minimum penalty for the most egregious violation. Violations of 3 or more sections of the Rules during a single incident or individual offenses which have seriously threatened public safety, Water Supply safety or security, or the personal safety of individuals will result in the maximum penalty for the single most egregious violation. In addition, certain violations of the Rules may result in the issuance of a summons for trespass and/or other applicable violations of law and/or arrest.
(1) Fishing and Recreational Boat Tag holders whose boats are confiscated 3 times within a 5 year period by NYCDEP may be subject to Access Permit suspension and loss of future Tag privileges.
(2) The maximum penalty for violation of the Rules is a 3 year suspension for holders of Access Permits or a 3 year suspension from applying for an Access Permit, except for those infractions listed in the table below.
Individuals who have committed 4 or more offenses within a 5 year period, or who have seriously threatened public safety, Water Supply safety or security, or the personal safety of individuals through means not specifically enumerated in this penalty schedule may be subject to the revocation of all public access privileges.
(e) Revocation. If NYCDEP determines that the Access Permit and/or Tag should be revoked due to significant or repeated violations, a letter including the basis for revocation will be sent to the former Access Permit holder. Upon such determination, all Tags held by the former Access Permit holder will also be revoked. All boats must be removed by the owner promptly, and in any event, within the time limits specified in the NYCDEP revocation letter. The length of time allowed for boat removal in such revocation letter will be based on (i) weather and (ii) administrative considerations. The boats under the name of the former Access Permit holder must be removed from City Property in the presence of a NYCDEP representative. If the boats are not removed by the owner, NYCDEP may remove the boats per 15 RCNY § 16-10.3. The former Access Permit holder may not apply for a new Access Permit and/or Tag until the date specified in the letter, if any.
Applicable Rules Section | Violation Description | Access Permit Suspension Term |
2 - 6 months | ||
Season (15 RCNY § 16-07(c)), (15 RCNY § 16-08(c)), (15 RCNY § 16-10.1(d), (15 RCNY § 16-10.2(a)); (15 RCNY § 16-12(h); Means (15 RCNY § 16-07(e)); Equipment (15 RCNY § 16-07(g), 15 RCNY § 16-14(h)); Entrails (15 RCNY § 16-07(h); Game Cleaning Practices (15 RCNY § 16-08(g)); Boat Safety/Capacity (15 RCNY § 16-10.1(f), (g); 15 RCNY § 16-10.2(f), (g)); Ice Fishing (15 RCNY § 16-07(k)); Hunter Behavior/Safety (15 RCNY § 16-08(f)); Fishing Boat Tag (15 RCNY § 16-10.1(a), (b), (i), (p), (q), (t), (u)); Fishing Boat Storage, Placement, and Securing (15 RCNY § 16-10.1 (v), (w), (x)); Recreational Boat Tag (15 RCNY § 16-10.2(b)); Recreational Boat Launch Sites, Storage Areas, and Storage (15 RCNY § 16-10.2(c), (d)); General Rules (15 RCNY § 16-12) | 4 months - 1 year | |
1 - 3 years or revocation | ||
Restricted Areas (15 RCNY § 16-11); Injury, Destruction or Abuse of Natural Resources or Property (15 RCNY § 16-13(a)); Firearms, Weapons, Explosives (15 RCNY § 16-13(b)); Animals (15 RCNY § 16-13(c)), Tents and Other Structures (15 RCNY § 16-13(e)); Motor Vehicle Access (15 RCNY § 16-13(f)); Littering, Polluting, Dumping (15 RCNY § 16-14(a)); Bathing, Swimming, Washing of Objects (15 RCNY § 16-14(b)); Target Shooting (15 RCNY § 16-14(d)); Camping (15 RCNY § 16-14(e)); Fires (15 RCNY § 16-14(f)); Motorized Equipment (15 RCNY § 16-14(h)); Commercial Activities (15 RCNY § 16-14(i)); Manned and Unmanned aircraft (15 RCNY § 16-14(k); Horses (15 RCNY § 16-14(l)), Biking (§ 16-14(m)); Conformance with State and Local Laws (15 RCNY § 16-16). | 18 months - 5 years or revocation |
(f) Appeals. Individuals may appeal the suspension or revocation of their Access Permit privileges and/or ability to apply for public access privileges by submitting to the Deputy Chief of City Land Stewardship, within 30 days of the date of the NYCDEP letter of suspension or revocation, a written request explaining why the penalty should be changed. In support of an appeal, an individual must submit:
(1) an explanation as to why the penalty imposed is not justified by the circumstances presented;
(2) a statement indicating his or her commitment to abide by all Rules, policies, and conditions in the future.
The Deputy Chief of City Land Stewardship will respond to all appeals in writing within 45 days of receipt. In response to a written appeal, NYCDEP may reduce the duration of suspension or revocation period. Factors NYCDEP will consider in determining whether to grant or deny an appeal request include whether the individual has committed any other Rule infractions within the previous 5 years and whether the infraction at issue threatened or compromised Water Supply quality or security, public safety or led to property damage or injury to any individual. Court dispositions of any summons issued or arrests made for reasons other than a violation of these rules will not negate any such violations, but may be considered during an appeal review by NYCDEP. Individuals dissatisfied with the first appeal response may elect to submit a final written appeal to the Deputy Commissioner for the NYCDEP Bureau of Water Supply for a final determination.
(g) Reinstatement. Upon conclusion of the suspension period for a suspended Access Permit and/or Tags, NYCDEP will send notification of reinstatement via USPS or electronic mail to the Access Permit holder at the address on file. This notification will include the return of any confiscated Access Permit or Tag that is still valid or an application for a replacement.
(h) Group Infractions. Any violation of these Rules and/or the Group Access Permit conditions by a Group Member may result in:
(1) Expulsion of the Group and/or Group Member from the property;
(2) Revocation of the Group Access Permit;
(3) Loss of general privileges to access City Property including loss of eligibility to apply for an Access Permit, suspension or revocation of Access Permits; and
(4) Arrest and prosecution of the Group Members, Group Leader, and/or organization sponsoring the Group and/or which the Group represents.
(i) Public Access Area and Day Use Area Infractions. Failure to comply with these Rules, postings or notices in a Public Access Area or a Day Use Area may result in, but not be limited to, one or more of the following:
(1) Expulsion from City Property;
(2) Suspension or revocation of Access Permit and/or Tag privileges, if applicable
(3) Prohibition from obtaining an Access Permit or Tag;
(4) Suspension from access to some, any or all City Property;
(5) Arrest and prosecution.
(Added City Record 5/31/2019, eff. 6/30/2019)