Reference: 2006 New York Code - Avigation In And Over The City

Source: http://law.justia.com/codes/new-york/2006/new-york-city-administrative-code-new/adc010-126_10-126.html

Publish date: n/a

Note: Reformatted for readability and proper representation. We are also seeking an original version of this law to cite, contact us as needed.

Original Copy:

ยง 10-126 Avigation in and over the city.

a. Definitions. When used in this section the following words or terms shall mean or include:

  1. "Aircraft." Any contrivance, now or hereafter invented for avigation or flight in the air, including a captive balloon, except a parachute or other contrivance designed for use, and carried primarily as safety equipment.

  2. "Place of landing." Any authorized airport, aircraft landing site, sky port or seaplane base in the port of New York or in the limits of the city.

  3. "Limits of the city." The water, waterways and land under the jurisdiction of the city and the air space above same.

  4. "Avigate." To pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise.

  5. "Congested area." Any land terrain within the limits of the city.

  6. "Person." A natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.

b. Parachuting. It shall be unlawful for any person to jump or leap from an aircraft in a parachute or any other device within the limits of the city except in the event of imminent danger or while under official orders of any branch of the military service.

c. Take offs and landings. It shall be unlawful for any person avigating an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.

d. Advertising.

  1. It shall be unlawful for any person to use, suffer or permit to be used advertising in the form of towing banners from or upon an aircraft over the limits of the city, or to drop advertising matter in the form of pamphlets, circulars, or other objects from an aircraft over the limits of the city, or to use a loud speaker or other sound device for advertising from an aircraft over the limits of the city. Any person who employs another to avigate an aircraft for advertising in violation of this subdivision shall be guilty of a violation hereof.

  2. Any person who employs, procures or induces another to operate, avigate, lend, lease or donate any aircraft as defined in this section for the purpose of advertising in violation of this subdivision shall be guilty of a violation hereof.

  3. The use of the name of any person or of any proprietor, vendor or exhibitor in connection with such advertising shall be presumptive evidence that such advertising was conducted with his or her knowledge and consent.

e. Dangerous or reckless operation or avigation. It shall be unlawful for any person to operate or avigate an aircraft either on the ground, on the water or in the air within the limits of the city while under the influence of intoxicating liquor, narcotics or other habit-forming drugs, or to operate or avigate an aircraft in a careless or reckless manner so as to endanger life or property of another. In any proceeding or action charging careless or reckless operation or avigation of aircraft in violation of this section, the court, in determining whether the operation or avigation was careless or reckless, shall consider the standards for safe operation or avigation of aircraft prescribed by federal statutes or regulations governing aeronautics.

f. Air traffic rules. It shall be unlawful for any person to navigate an aircraft within the limits of the city in any manner prohibited by any provision of, or contrary to the rules and regulations of, the federal aviation administration.

g. Reports. It shall be unlawful for the operator or owner of an aircraft to fail to report to the police department within ten hours a forced landing of aircraft within the limits of the city or an accident to an aircraft where personal injury, property damage or serious damage to the aircraft is involved.

h. Rules and regulations. The police commissioner is authorized to make such rules and regulations as the commissioner may deem necessary to enforce the provisions of this section.

i. Violations. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.