new-york-state trespass
Can a mayor or a Common Council issue a temporary no trespassing order at an unsafe location?
<p>Related question: <a href="https://law.stackexchange.com/questions/1573/how-is-an-area-deemed-unsafe-and-needing-to-be-cordoned-off">How is an area deemed unsafe and needing to be cordoned off?</a></p>

<p>An individual property owner can set up No Trespassing signs at the required intervals, and then law enforcement can prosecute people for ignoring those signs.  But what about a municipality?  In this case, it's a city in the state of New York.  Can the mayor decide that a particular area is unsafe, and order that No Trespassing signs be put up?  Can the legislative body (in this case, a Common Council) issue such an order?</p>

<p>I realize that the Common Council can alter the City Code but that takes time -- there needs to be a public hearing, etc.  I'm talking about a short-term solution.</p>

<p>I spoke with the head of the local station of the state police, and he said that if the City put up such signs, and notified the state police with a jurat (i.e. in writing, with the required legal language), then they would do the enforcement.</p>

<p>As I alluded to in a comment to your previous question, if the stream is "navigable in fact" then you may have an uphill battle, especially if it is owned by a government entity.  </p>

<p><a href="http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1502&amp;context=pelr" rel="nofollow">Long review of navigable waterways in NY state</a></p>

<p>I have a theory of which waterway you are referring to, and I believe I found it by name in this article, referenced to a historic court case under a section titled "held to be navigable in fact".   </p>

<p>If I am guessing correctly, I am sorry for your cause, since this suggests that the common law right of access cannot be denied, or at the very least, this is not a simple question and may take much effort on the part of the city to execute to your desires.   </p>
