Except as expressly permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation. The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations; solicitation for religious or political causes; solicitation for charities that: (1) have been licensed for any public solicitation within the preceding 12 months by the Commissioner of Social Services of the City of New York under section 21-111 of the Administrative Code of the City of New York or any successor provision; (2) are duly registered as charitable organizations with the Attorney General of New York under section 172 of the New York Executive Law or any successor provision; or, (3) are exempt from Federal income tax under section 501(c)(3) of the United States Internal Revenue Code or any successor provision. Solicitors for such charities shall provide, upon request, evidence that such charity meets one of the preceding qualifications.
(1) Permitted nontransit uses may be conducted in the transit system except: (A) when on or within: a subway car; an omnibus; or, any area not generally open to the public; (B) within a distance of 25 feet of a station booth, or a fare media sales device including but not limited to a fare media vending machine; or, (C) within a distance of 50 feet from the marked entrance to an Authority office or tower. (D) The following activities are not subject to the minimum distance requirements as set forth in subparagraphs (B) and (C) of this paragraph: public speaking; leafletting or distribution of written noncommercial materials; campaigning; and, activities intended to encourage and facilitate voter registration, provided, that with respect to any of the activities described in this subparagraph, no sound production device is used and no physical obstruction, such as a table or other object, is present within a distance of 25 feet of a station booth or fare media sales device, or 50 feet from the marked entrance to an Authority office or tower.
(2) Notwithstanding any other provision of this section, any activity in a location which interferes with the access onto or off of an escalator, stairway or elevator, or otherwise interferes with or impedes transit services or the movement of passengers, is prohibited.
(3) No activity permitted by the authorization contained in this section shall be conducted on a subway platform where construction, renovation or maintenance work is underway on or near the platform, or on or near the staircases, escalators, or elevators leading to such platform and including any such work in or near track areas.
(4) No activity is permitted which creates excessive noise or which emits noise that interferes with transit operations. The emission of any sound in excess of 85 dBA on the A weighted scale measured at five feet from the source of the sound or 70 dBA measured at two feet from a station booth is excessive noise and is prohibited. Notwithstanding any other provision of this section, the use on subway platforms of amplification devices of any kind, electronic or otherwise, is prohibited.
(5) No person shall use media devices such as films, slides or videotapes.
(6) Where an activity permitted by the authorization contained in this section includes the use of a sound production device, no person shall begin or continue the use of such sound production device during any announcement made over the public address system or by a New York City police officer or by an Authority employee.
(7) No person shall misrepresent through words, signs, leaflets, attire or otherwise such person's affiliation with or lack of affiliation with or support by any organization, group, entity or cause, including any affiliation with or support by the Authority or the Metropolitan Transportation Authority or any of their programs, such as Music Under New York or Arts for Transit.
(8) Any person using the transit system for nontransit activities permitted pursuant to this rule does so at his or her own risk, and the Authority assumes no liability by the grant of this authorization.