NYCkayaker NYC Water Trail
Richard Clifford
RichardClifford at earthlink.net
Sat Mar 29 11:16:40 EDT 2008
NYCKayaker:
Here is the concept so we don't go off on a long discourse about
what one may and may not do. "Everyplace is regulated" by someone or
some state agency, and they all assert to operate under the rule of law,
to be doing it legally. The need for regulation often goes to issues of
rights and responsibilities of those locales. The boundaries for the
City of New York and its Parks Dept. do extend beyond the shoreline. The
extend for ownership and responsibility is a constant source of
discussion in the NYC Law Dept. as to how far and who is to be
responsible. The topic often arises when the discussion turns to
construction, maintenance or clean-up of piers and jetties. So, if a
person is in the water (swimming or rolling) or on it (kayaking or
boating) or in the park then someone or some agency is going to be able
to "call the police" to tell you to stop, do it differently, or at a
different time or manner, or to do it somewhere else.
For one who is "outside" the boundaries of the NYC Parks Dept. would
simply lead to a call to NYC Marine Police and/or the US Coast Guard who
would come along and tell you what you may or may not do "legally."
Compliance with those directions is an obligation. The Map and Guide are
intended to help each of us know the rules and the locations and to
minimize trouble or confusion (often misunderstandings or misperceptions
that a boater or swimmer is in "trouble", usually by the uninitiated). -
Richard Clifford
David Gottlieb wrote:
>I'm not sure that the Parks Dep't can legally prohibit someone from swimming
>or practicing immersion escape techniques just because they provide access
>to the greater waters. They can probably prohibit these activities if the
>water area is included within the boundary of the specific park, but once
>out of the boundaries they have no jurisdiction. ........
>
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