36 C.F.R. § 7.29

Gateway National Recreation Area

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(a) Operation of motor vehicles. The operation of motor vehicles, other than authorized emergency vehicles, is prohibited outside of established public roads and parking areas, except on beaches and oversand routes designated by the Superintendent by the posting of appropriate signs and identified on maps available at the office of the Superintendent. These beaches and routes will be designated after consideration of the criteria contained in sections 3 and 4 of E.O. 11644, (37 FR 2877) and § 4.10(b) of this chapter.

(b) Off-road vehicle operation. (1) Operation of motor vehicles, (including the various forms of vehicles used for travel oversand, such as but not limited to, “beach buggies”) on beaches or on designated oversand routes without a permit from the Superintendent is prohibited. Before a permit will be issued, each vehicle will be inspected to assure that it contains the following equipment which must be carried in the vehicle at all times while on the beaches or on the designated oversand routes:

(i) Shovel;

(ii) Jack;

(iii) Tow rope or chain;

(iv) Board or similar support;

(v) Low pressure tire gauge.

Prior to the issuance of such permits, operators must show compliance with Federal and State regulations and applicable to licensing, registering, inspecting, and insuring of such vehicles. Such permits shall be affixed to the vehicles as instructed at the time of issuance.

(2) Driving off designated, marked oversand routes or beaches is prohibited.

(3) Vehicles shall not be parked in designated oversand routes or interfere with moving traffic.

(4) When the process of freeing a vehicle which has been stuck results in ruts or holes, the ruts or holes shall be filled by the operator of such vehicle before it is removed from that area.

(5) The operation of a motorcycle on an oversand vehicle route or beach is prohibited.

(6) The Superintendent may establish limits on the number of oversand vehicles permitted on designated oversand routes and beaches when such limitations are necessary in the interest of public safety, protection of the ecological and environmental values of the area, coordination with other visitor uses.

(c) Public lewdness. Section 245.00 of the New York Penal Code is hereby adopted and incorporated into the regulations of this part. Section 245.00 provides that:

A person is guilty of public lewdness when he intentionally exposes the private and intimate parts of his body in a lewd manner or commits any other lewd act (a) in a public place, or (b) in private premises under circumstances in which he may readily be observed from either a public place or from other private premises, and with intent that he be so observed.

[41 FR 19220, May 11, 1976, as amended at 44 FR 44157, July 27, 1979; 52 FR 10686, Apr. 2, 1987]

Notes of Decisions

Cited in 4 cases, 1981–2006 · leading case: United States v. Doe, 884 F. Supp. 78 (E.D.N.Y 1995).

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United States v. Doe, 884 F. Supp. 78 (E.D.N.Y 1995). · cites it 6× “Defendant John Doe appeals from a judgment of conviction for public lewdness in the Gateway National Recreation Area, in violation of 36 C.F.R. § 7.29 (c). After a non-jury trial, Magistrate Judge Steven Gold found John Doe guilty and sentenced him to a fine of $1.”

Sylvane v. Whelan, 506 F. Supp. 1355 (E.D.N.Y 1981). “In view of this, the Park Service promulgated a regulation, 36 C.F.R. § 7.29 , worded the same as the existing New York State Law, N.”

People v. Davis, 164 Misc. 2d 89 (N.Y. City Crim. Ct. 1994). “A Federal court Judge recently applied the McNamara public place test in reversing a defendant’s conviction for violating an analogous Federal statute (36 CFR 7.29 [c]) prohibiting public lewdness in the Gateway National Recreational Area.”

Dean v. United States, 418 F. Supp. 2d 149 (E.D.N.Y 2006). · cites it 4× “) Dean was arrested at Gerritsen Inlet by a plainclothes park police officer for public lewdness under 36 C.F.R. § 7.29 (c). Id. The officer issued Dean a Violation Notice and released him.”

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