Many public spaces, such as parks, libraries, and plazas, have signs that will say they are open to the public but managed by a private owner.

No. Both public spaces and POPS can set limits on when you can use the space. Many parks, libraries, plazas, and POPS will tell you when you can use the space. For example, most parks in NYC are open from 6:00 a.m. until 1:00 a.m. and then are closed from 1:00 a.m. to 6:00 a.m.

You can check the signs posted outside of these places to see whether the space is open. Parks and libraries also post their hours on their websites.

Staying in a park after it closes can result in a civil penalty, arrest, or a violation under Penal Law, which can be punished by one day in jail or a fine of not more than $200.

The rules will be different at each location. Some spaces, such as NYC Parks, will share information about rules on their website. Activities such as littering, using drugs and alcohol, blocking traffic, fighting, and other disorderly behaviors are not allowed in any public spaces or POPS.

It depends. You do have the right to sit or rest in a park or POPS when it is open as long as you are following park or POPS rules. However, when you are in a public or POPS space, you cannot stay there past closing time. Once the space closes, you are supposed to leave.

In NYC Parks, it is against the rules to not listen to police officers and park employees who ask you to leave after the park closes. It is also illegal to camp in a NYC park without a permit. Additionally, in NYC Parks, you cannot interfere with other people using a bench or sitting area.

Public spaces such as parks, and some POPS, will often have bathrooms available for anyone to use while they are open. You can find a list of bathrooms on the NYC Parks website.

You have the right to be in a public space or POPS during operating hours, as long as you are following the rules.

If a police officer asks you to leave the space, you can ask the officer “Am I doing something wrong?” If other people are being allowed to stay in the public space or POPS, you can ask, “Why am I being asked to leave?” However, if you do not listen to the lawful orders of a police officer who asks you to leave a public or POPS space, you could be at risk for an arrest.

If you feel that your right to be in a public space or POPS was violated, you can reach out to The Legal Aid Society’s Criminal Defense Practice at 212-577-3387 to get help.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.