In People v. Davis (13 NY3d 17, 912 N.E.2d 1044, 884 N.Y.S.2d 665 [2009]), defendant was convicted of violating a New York City Parks and Recreation Department rule that prohibits persons from being in city parks after their posted closing times. Although the rule contains the qualifying language stating that a person may disregard a park sign upon order by a police officer or designated Department employee, the information did not state that no police officer or designated Department employee allowed defendant to disregard the sign. The Court of Appeals held that "as a matter of common sense and reasonable pleading," the rule was not enacted with the intention of requiring the People to plead and prove that no police officer or Parks Department employee had authorized defendant to ignore a posted closing time (id. at 31-32). The Court of Appeals held that requiring the People to plead and negate the existence of permission would require them to go to intolerable lengths, including innumerable interviews of officers and employees in the area, serving no useful purpose of narrowing issues or giving notice. Instead, the qualifying language was held to be a "proviso" that must be pleaded and proved by the defendant (id., 32), rather than an "exception" that must be pleaded and proved by the People.