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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