§ 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.