§1-03 General Provisions
(a) Hours of Operation
(1) Persons may enter and use the parks from 6:00 a.m. until 1:00 a.m. unless other open hours are posted at any park.
(2) Whenever a threat to public health or safety exists in any park resulting from any natural cause, explosion, accident or any other cause, or by riot or unlawful assembly or activity, the Commissioner may close the park or any part thereof to the public for such duration as he deems necessary to ensure the safety and well-being of the public.
(3) No person shall enter or remain in any park without the permission of the Commissioner when such park is closed to the public.
(b) Permits
(1) When any provision of these Rules requires a permit as a condition to the performance of any act or activity, no such act or activity shall be implemented or commenced prior to the receipt of written authorization from the Commissioner or from his or her authorized representative.
(2) A permit may be granted upon such terms and conditions as the Commissioner shall reasonably impose, and shall authorize the permitted acts or activities only insofar as they are performed in strict accordance with the terms and conditions thereof.
(3) Permits shall be applied for on forms prepared and provided by the Department, which forms shall require such information as the Department may deem appropriate for the review and evaluation of the permit application. Procedures for issuance of special event and demonstration permits are governed by §2-08 of the Department's rules. The Commissioner may require a fee for the issuance of a permit.
(4) The Commissioner may require the
permittee to post a bond in an amount sufficient to
ensure full compliance with the terms and conditions
of the permit. The decision of whether to require
a bond will be based on the following factors:
(i) The location of the event and such location's
vulnerability to damage;
(ii) Whether the event or any activities associated
with the event present a high risk of property damage;
(iii) The number of people expected to be in attendance;
(iv) The type of equipment to be brought onto the
site;
(v) The number of days the permittee will occupy the
site;
(vi) The season in which the event will take place.
(5) The Commissioner may require the
permittee to obtain personal liability insurance for
the event, naming the Department and the City of New
York as additional insureds. The decision on whether
to require insurance will be based on the following
factors:
(i) Whether the special event or any activities included
as part of the special event present a risk of personal
injury or property damage.
(ii) Whether the special event involves the sale of
food.
(iii) Whether the special event involves over 2,000
participants, or a large number of participants relative
to the size of the site.
(iv) Whether the special event involves transportation
and installation of heavy equipment, or the installation
of a stage or other temporary structure.
(6) No person shall conduct any activity
for which a permit is required unless
(i) such permit has been issued;
(ii) all terms and conditions of such permit have
been or are being complied with; and
(iii) the permit is kept on hand at the event, so
as to be available for inspection by Police or Department
employees.
(7) Failure to comply with the terms
and conditions of any permit shall be a violation
of these rules. If, upon expiration or termination
of the permit, it is determined that a permittee has
not complied with the terms and conditions of the
permit, or has violated any law, ordinance, statute
or rule, then the following rules shall apply:
(i) any bond provided as security for a permittee's
performance with the Department shall be forfeited
and retained by the City to the extent necessary to
remedy, or compensate the City for, the damages caused
by such acts, omissions, or violations;
(ii) the permittee, together with has or her agents
and employees who violated such terms and conditions
or provisions of law, ordinance, statute or rule,
shall be jointly and severally liable for any additional
sum necessary to correct or compensate the City for
such damages; and
(iii) neither forfeiture of any security nor payment
nor recovery for such damages shall in any way relieve
the permittee of civil or criminal liability arising
from the violation of any law, ordinance or rule.
(c) Failure to Comply with Directions of Police Officers, Urban Park Rangers, Parks Enforcement Patrol Officers, or Other Department Employees, or Park Signs.
(1) No person shall fail, neglect or refuse to comply with the lawful direction or command of any Police Officer, Urban Park Ranger, Parks Enforcement Patrol Officer or other Department employee, indicated by gesture or otherwise.
(2) No person shall fail to comply with or obey any instruction, direction, regulation, warning, or prohibition, written or printed, displayed or appearing on any park sign, except such sign may be disregarded upon order by a Police Officer or designated Department employee.