HPT-36-12-00004-P Proposed Action Is the Amendment of Rules and Regulations for Hudson River Park, Including a Ban on Smoking

9/5/12 N.Y. St. Reg. HPT-36-12-00004-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 36

September 05, 2012

RULE MAKING ACTIVITIES

HUDSON RIVER PARK TRUST

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. HPT-36-12-00004-P

Proposed Action Is the Amendment of Rules and Regulations for Hudson River Park, Including a Ban on Smoking

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 751.3, 751.4, 751.5, 751.6, 751.7 and 751.8 of Title 21 NYCRR.

Statutory authority:

Hudson River Park Act, L. 1998, ch. 592

Subject:

Proposed action is the amendment of rules and regulations for Hudson River Park, including a ban on smoking.

Purpose:

To remain consistent with other parks in the area and to incorporate activities previously not addressed.

Substance of proposed rule (Full text is posted at the following State website:www.hudsonriverpark.org):

The amendments to sections 751.3(m), (q) and (s) are being made to improve clarity.

Existing clauses 751.3(x) through 751.3(ad) are renumbered 751.3(y) through 751.3(ae) and new subdivisions (x) and (af) are added to define "playground" and "website."

The amendment to section 751.4(a)(1) specifies that the bikeway/walkway is owned by the New York State Department of Transportation.

The amendments to sections 751.4(a)(3), (d)-(f) are to improve clarity and grammar, and make usage consistent, and to add volleyball, mini golf, carousel, and skatepark to the enumerated list of specialized park facilities.

The amendment to sections 751.5(a) is to clarify that a fee may be required for the issuance of a permit. The amendments to sections 751.5(h) and (m) are to improve clarity and make usage consistent.

The amendments to section 751.6(a)-(c), (e) are to improve clarity and to make usage consistent.

The amendment to section 751.6(f) is to make explicit what weapons are prohibited in the park, and to make it clear that other governmental authorities can authorize the carrying of weapons.

The amendments to section 751.6(g)-(h) are to improve clarity and make usage consistent.

The amendment to section 751.6(i) is to clarify the legality of service animals in the park.

The amendments to section 751.6(k)-(l) are to improve clarity and make usage consistent.

The amendment to section 751.6(m) is to improve clarity and make usage consistent, to make it clear that it is prohibited to climb on railings and artwork, and to specify that disorderly conduct includes blocking an entrance or exit to the park.

The amendments to sections 751.6(n)-(u) are to improve clarity and make usage consistent.

The addition of section 751.6(v) is to prohibit smoking in the park except as may be designated by the trust.

The amendments to section 751.7(a)-(e) are to improve clarity and make usage consistent.

The amendments to section 751.7(f) are to improve clarity and make usage consistent, and to establish that possession of an open container containing an alcoholic beverage shall establish a rebuttable presumption that the holder of such container intended to consume its contents.

The amendments to section 751.7(g) are to improve clarity and make usage consistent.

The amendment to section 751.7(h) is to establish that when fishing, casting is not permitted except in designated areas.

The amendments to section 751.7(i)-(o) are to improve clarity and make usage consistent.

The amendments to section 751.7(p) are to establish that persons under the age of twelve are allowed in exclusive children's playgrounds only when supervising a child under the age of twelve, to establish that dogs in dog runs must wear license tags and be vaccinated against rabies, and to make it explicit that rules regarding docking and mooring are posted in the docking and mooring areas in the park and/or on the website.

The amendments to section 751.7(q)-(r) are to improve clarity and make usage consistent.

The addition of section 751.7(s) is to prohibit geocaching and treasure hunting games except as expressly permitted by the trust.

The amendments to sections 751.8(a)-(c),(e)-(f),(i)-(j),(l)-(n),(p)-(q) are to improve clarity and make usage consistent.

Text of proposed rule and any required statements and analyses may be obtained from:

Laura LaVelle, Hudson River Park Trust, 353 West Street, 2nd Floor, Pier 40, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

STATUTORY AUTHORITY:

Hudson River Park Act, Chapter 592 of the New York State Laws of 1998 grants the Hudson River Park Trust, a public benefit corporation, the authority and power to adopt rules and regulations to provide for the health, safety and welfare of the public using Hudson River Park.

LEGISLATIVE OBJECTIVES:

Hudson River Park has been created for the public benefit and to make the waterfront an asset for the city and the region. Park Rules and Regulations were proposed in 2001and adopted in 2002. Since that time Hudson River Park has grown, incorporating various activities not originally anticipated. Moreover, the New York City Department of Parks and Recreation and the New York State Office of Parks, Recreation and Historic Preservation have updated some of their rules and regulations. In an effort to remain consistent with other parks in the area and to incorporate activities previously not addressed, Hudson River Park Trust seeks at this time to amend and update our park rules and regulations to include a smoking ban and to further govern the conduct of the public, enhance and provide for the safety, well-being and enjoyment of each individual who may use Hudson River Park, and to assure to each individual equality of opportunity in the use and enjoyment of both the upland and water areas of the park.

NEEDS AND BENEFITS:

The proposed action is the amendment of rules and regulations for Hudson River Park. The most significant change proposed is the addition of language that would prohibit smoking in Hudson River Park consistent with the recent smoking ban approved by the New York City Council and Mayor Michael Bloomberg that went into effect in May 2011. The City thoroughly researched the issue and learned that problems associated with smoking outdoors have been studied and documented measuring outdoor tobacco smoke, exposure to second-hand smoke, and litter. At this time, Hudson River Park (the "Park") is one of a handful of parks located in the city that continues to allow smoking. As such, the Park may provide an incentive to smokers from around the city to come to smoke here and, in the process, increase litter, diminish the enjoyment of others and increase the health risks of park patrons. To remain consistent with 470 municipalities in the United State, including parks in San Francisco, California; Des Moines, Iowa; Cambridge, Massachusetts; Portland, Main; Albuquerque, New Mexico; Salt Lake City, Utah, and the rest of New York City, Hudson River Park seeks to amend its regulations to prohibit smoking within the jurisdiction of the Park.

In addition, promulgation of these revised regulations is wholly consistent with all the permits, environmental reviews, and the General Project Plan adopted by the Hudson River Park Conservancy and the Empire State Development Corporation, predecessors to the Trust.

COSTS:

No additional costs are anticipated in connection with the adoption of the proposed rules and regulations.

LOCAL GOVERNMENT MANDATES:

Not applicable.

PAPERWORK:

Because the park is presently operational no new forms or paperwork will be required in connection with these rules and regulations. The type of paperwork presently utilized consists primarily of permit/special event applications.

DUPLICATION:

Proposed rules will not overlap with other state requirements. The proposed rules and regulations do not conflict with any applicable federal standards including those of the U.S. Army Corps of Engineers and the U.S. Coast Guard regarding navigable waters.

ALTERNATIVES:

There were no significant alternatives to the proposed rules.

FEDERAL STANDARDS:

The proposed rules and regulations do not conflict with any applicable federal standards.

COMPLIANCE SCHEDULE:

Immediate.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis is not submitted with this proposed regulation because, as is evident from the nature of the proposed amendments, they will have no adverse economic impact or reporting, recordkeeping, or other compliance requirements on small businesses or local governments. The amendments, which are modeled after the existing park rules for state parks and New York City parks, outline permitted and prohibited uses and activities within the upland and water areas of Hudson River Park.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not submitted with this proposed regulation because, as is evident from the nature of the proposed amendments, and the fact that the affected area is located in an urban setting, i.e., the 5 miles extending from Battery Park to 59th Street along the west side of Manhattan, they will have no adverse economic impact on rural areas or reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas. The amendments, which are modeled after the existing park rules for state parks and New York City parks, outline permitted and prohibited uses and activities within the upland and water areas of Hudson River Park.

Job Impact Statement

A Job Impact Statement is not submitted with this proposed regulation because, as is evident from the nature of the proposed rules, they will have no adverse impact on job opportunities or job development. The amendments, which are modeled after the existing park rules for state parks and New York City parks, outline permitted and prohibited uses and activities within the upland and water areas of Hudson River Park.