TITLE 36 PARKS AND FORESTS Chapter I-National Park Service, Department of the Interior.. Chapter II-Forest Service, Department of Agriculture.. Part CHAPTER I—NATIONAL PARK SERVICE Part Part 1 201 28 Hours of labor and wages of employees of National Park concessioners. [Revised] 32 Regulations governing the disposal of certain wild animals. [Added] 34 Isle Royale National Park: commercial fishing. [Added] NOTE 2: By letter, Acting Secretary of the Interior, April 10, 1944, 9 F.R. 4481, jurisdiction over Mammoth Cave National Park, Kentucky, was accepted by the Federal Government. NOTE 3: By letter, Acting Secretary of the Interior, May 19, 1944, 9 F.R. 6367, Jurisdiction over Isle Royale National Park, Michigan, was accepted by the Federal Government. NOTE 4: By letter, Acting Secretary of the Interior, July 22, 1944, 9 F.R. 9754, jurisdiction over Big Bend National Park, Texas, was accepted by the Federal Government. § 1.4 National monuments. CODIFICATION: In § 2.32 (e), "and 2.28" was changed to read, "2.28 and 2.61", by Regulation, Secretary of the Interior, Dec. 4, 1945, 10 F.R. 14866, and “2.61” was changed to read "2.62", by Regulation, Assistant Secretary of the Interior, Jan. 3, 1946, 11 F.R. 408. "Kings Canyon" was inserted immediately after "Sequoia", by Regulation, Assistant Secretary of the Interior, Aug. 1, 1945, 10 F.R. 9963. § 2.33 Travel on trails. (d) The loose herding of pack and saddle animals on park trails is prohibited: Provided, That the superintendent may permit such loose herding on hazardous trails, or portions thereof, designated by him. [Paragraph (d) amended, Mar. 31, 1945, 10 F.R. 3775] $2.55 Fees-(a) Guide and elevator fees for Carlsbad Caverns. In Carlsbad Caverns National Park, no person or persons shall be permitted to enter the caverns unless accompanied by National Park Service employees. Competent guide service is provided by the Government, for which a fee of $1.25 shall be charged each person entering the caverns, except that children between the ages of 12 and 16 years shall be charged a fee of 25 cents each. The fee charged shall include the use of the elevator. No charge shall be made for children under 12 years of age, or groups of school children 18 years of age or under, when accompanied by adults assuming responsibility for their safety and orderly conduct. In proper cases and upon application made in advance, the Director may authorize admission without charge for guide and elevator service to persons from reputable educational institutions for the purpose of prosecuting class work or studies, or to persons under the support and care of charitable institutions and their attendants. [Paragraph (a) amended Aug. 1, 1945, 10 F.R. 9963] (m) No fee shall be charged for automobiles, trucks, motorcycles, or house trailers using the section of U. S. Highway No. 191 in Yellowstone National Park, or for passenger vehicles owned by legally registered voters of Cooke, Montana, operating directly between the north and northeast entrances of the park. [Paragraph (m) added May 17, 1945, 10 F.R. 6037] CODIFICATION: In § 2.55 (p) immediately following the word "paragraphs", "(a) (1)," was changed to read “(a), (b)," by Regula tion, Assistant Secretary of the Interior, Aug. 1, 1945, 10 F.R. 9963. § 2.61 Reckless driving. The driving of any vehicle on a Government road. in a park or monument in willful or wanton disregard for the safety of persons or property is prohibited. (39 Stat. 535; 16 U.S.C. 3) [Reg., Aug. 1, 1945, 10 F.R. 9963, 10986] § 2.621 Discrimination in furnishing public accommodations. The proprietor, owner, or operator and the employees of any hotel, inn, lodge, or other public accommodation within areas administered by the National Park Service are prohibited from (a) publicizing such facilities in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person or persons because of race, creed, color, or national origin; and (b) discriminating against any person or persons because of race, creed, color, or national origin by refusing to furnish such person or persons any accommodations, facilities, or privileges offered to or enjoyed by the general public. (39 Stat. 535; 16 U.S.C. 3) [Reg., Dec. 4, 1945, 10 F.R. 14866, 11 F.R. 408] Sec. 3.17 Gambling. 3.18 Hunting and fishing. MEETINGS AND DEMONSTRATIONS 3.19 Parades and other functions without permits prohibited; exceptions, 3.20 Areas available at all times subject to permit for public meetings; permit applications. 3.21 Public meetings may be held subject to permit in any park area; exceptions. 3.22 Areas in which parades and public gatherings are prohibited. COMMERCIAL ACTIVITIES, DISORDERLY CONDUCT, 3.23 Soliciting. advertising, sales. TRAFFIC AND MOTOR VEHICLE REGULATIONS 3.28 Laws and regulations applicable to traffic control; enforcement. 3.29 Obstructing entrances, exits, sidewalks. 3.30 Speed restrictions. 3.31 Reckless driving; prohibited operations. 3.32 Parking restrictions; impounding of vehicles. 3.33 Traffic signs. 3.34 Washing of cars prohibited. 3.35 Commercial vehicles and common carriers. 3.36 Vehicles; weight and tread restrictions. 3.37 Tampering with vehicles prohibited. 3.38 Prevention of smoke. 3.39 Bicycling, roller skating, and coasting restrictions. 3.40 Boating. MISCELLANEOUS 3.41 Collection of scientific specimens. 3.42 Lost and found articles. 3.43 Photographing; restrictions. 3.44 Fees; admission, service, utility. AUTHORITY: §§ 3.1 to 3.44, inclusive, issued under sec. 6, 30 Stat. 571, sec. 3, 39 Stat. 535, as amended, sec. 3, 43 Stat. 983, sec. 16 (b), 43 Stat. 1126, sec. 1 (a), 46 Stat. 483, E. O. 6166, June 10, 1933, 54 Stat. 785; 8 D. C. Code 143, 16 U. S. C. 3, 40 D. C. Code 613, 5 U. S. C. 132 (note). Additional authority is noted in parentheses following sections affected. SOURCE: 3.1 to 3.44, inclusive, contained in Regulations, Secretary of the Interior, Sept. 7, 1945, effective Sept. 15, 1945, 10 F.R. 11583. GENERAL PROVISIONS §3.1 Applicability of regulations. This part applies to all public parks, parkways, waters, reservations, roads, streets and sidewalks in the National Capital and in its environs in Maryland and Virginia under the jurisdiction of the National Park Service and administered through the Office of the National Capital Parks. This part shall not be construed to prevent the performance of any duly authorized or required function within the areas described. NOTE: Statutory provisions and other materials pertaining to jurisdiction, administrative powers and duties are contained in appendix to this part, filed as part of the original document. § 3.2 Applicability of federal laws. In all park areas all acts of Congress shall be enforced insofar as applicable. § 3.3 Applicability of District of Columbia and State laws. (a) The laws and regulations promulgated for the District of Columbia shall be enforced, insofar as applicable, in all park areas within the District of Columbia. (b) In areas under the jurisdiction of the National Park Service in the environs of the National Capital, but outside the geographical limits of the District of Columbia, the laws of the State within which the area is located shall be invoked and enforced in accordance with section 289 of the Criminal Code, 18 U. S. C. 468. § 3.4 Definitions. As used in this part the following words shall have the following meanings: (a) Park area. Any and all developed and undeveloped park areas, ground, playgrounds, plazas, squares, circles, triangles, islands, ways, streets, sidewalks, roads, boulevard, parkways, canals, waters, buildings, monuments, structures, and other properties under the jurisdiction of the National Park Service and administered through the Office of the National Capital Parks. (b) Secretary. The Secretary of the Interior. (c) Director. The Director of the National Park Service and any subordinate official authorized by the Secretary to act for the Director. (d) Superintendent. The Superintendent of the National Capital Parks and any subordinate official authorized by the Director to act for the Superintendent. (e) Official permit. Permits issued by the authority of the Secretary, the Director or the Superintendent. (f) Official signs. Any sign or signs posted by order of the Secretary, Director or the Superintendent. partner (g) Person. Individuals, ships, firms, corporations, governmental agencies, and voluntary associations. (h) Driver. The rider, driver, or leader of any horse or other riding or draft animal; a person who pushes, draws or propels a vehicle, and the operator of a motor vehicle. (i) Horse. Any riding or draft animal or beast of burden. (j) Public highway. Any street, road, highway or public thoroughfare in a park area. (k) Vehicle. Any conveyance or animal ordinarily used for riding or driving purposes. Any vehicle (1) Commercial vehicle. designed and regularly used for carrying freight or merchandise. (m) Parking. Any vehicle left standing, whether or not attended, except when standing in obedience to traffic regulations, signs or signals, or to a police officer. § 3.5 Penalties-(a) Regulations in this part. Any person violating any of the provisions of this part, except violations of traffic and motor vehicle regulations in park areas in the District of Columbia, shall, upon conviction thereof, be punished by a fine of not more than $500 or imprisonment for not exceeding six months or both. (Sec. 6, 30 Stat. 571, sec. 5, 41 Stat. 732; 8 D.C. Code 143, 16 U.S.C. 3) (b) Traffic violations in District of Columbia. Any person violating any of the provisions of the traffic and motor vehicle regulations contained in this part in park areas in the District of Columbia, except where a penalty is otherwise provided, shall, upon conviction thereof, be punished by a fine of not more than $300 or imprisonment of not more than 10 days or both. (Sec. 6, 30 Stat. 571, sec. 16 (b), 43 Stat. 1126; 8 D.C. Code 143, 40 D.C. Code 613) (c) Statutes: other applicable regulations. Any person violating any Act of Congress or State law adopted by Congress or rule or regulation promulgated by other Federal officials, the Commissioners of the District of Columbia or other municipal officials, which is in force and applicable in any park area shall, upon conviction, be punished in accord ance with the penalty provisions of such act, rule or regulation. § 3.6 Place of trial. Any person violating any of the regulations contained in this part in park areas within the District of Columbia is subject to prosecution and trial in the Municipal Court for the District of Columbia. Any person violating any of the regulations contained in this part in park areas within the States of Maryland or Virginia may be tried by a United States Commissioner authorized to try petty offenses in the judicial district in which the offense was committed or, if the person charged with the offense so elects, he shall be tried in the district court of the United States which has jurisdiction over the offense. (18 U.S.C. 576, 576a.) PUBLIC PROPERTY § 3.7 Park property; miscellaneous provisions—(a) Statues and other structures. No person shall climb upon or in any way injure any statue, fountain, wall, banister, ledge, fence, balustrade, railing or other structure. (b) Water system. No person shall tamper with drinking fountains, hydrants, or other water system facilities. (c) Life buoys. No person shall tamper with or remove life buoys from their fastenings except for the purpose of aiding a person who is in the water. (d) Injury to lawns. No person shall make any use of lawn areas which tends to injure the lawns in any manner. This section shall not be construed to prohibit casual strolling over lawn areas. (e) Short cuts. No person shall make short cuts which tend to make paths. (f) Signs. No person shall tamper with, mar, remove or destroy any official or public sign. (g) Dumping. No person shall dump any material or refuse of any description in any park area, except when authorized by the Superintendent. (h) Storage. No person shall store material of any description, or displace, leave, house, or permit to be placed or left in any park area any vehicle or parts of vehicles, or rubbish of any description, except when authorized by the Superintendent. (i) Fences and other structures. No person shall enclose any park area or erect any fence, wall, or build any trail, road, bridge or other structure in any park area, except when authorized by the Director. (j) Spilling of deleterious substances. No person shall pour or cause to spill or permit to escape in any park area any oil, gas, salt, acid or other deleterious substance whether liquid, solid or gaseous, except when authorized by the Superintendent. (k) Other injury or removal. Any other injury to or removal of any government property is prohibited. §3.8 Lamps and lamp posts. (a) No person shall break, damage, or carry away any lantern, glass, frame, street designation, fixture, or other part or appurtenance of any public lamp; or hitch. tie or unfasten any animal to any lamp post or appurtenance thereof. (b) No person shall take up or carry away any public lamp post, or extinguish or obstruct the light in any public lamp, or cap or plug the service pipe of any public lamp. (c) No person shall climb, damage or destroy any public lamp post, or attach any guy line or sign thereto, or deface any public lamp post or appurtenance thereof by means of lime, mortar, paint, or other material; or pile material of any kind against any public lamp post. §3.9 Comfort stations and other structures. (a) No person shall stand or climb on any closet, basin or fitting or push or crowd other persons, or interfere with any attendant in the discharge of his or her duties within or around any public comfort station, structure, or other park facility. (b) No person shall deposit any body waste in or about any comfort station or other structure except in fixtures properly provided for that waste. (c) No person shall cut, deface, write upon or scratch on any surface of any comfort station, other structure, facility, or fixture. (d) No person shall waste towels, soap or paper, or misuse any facility or equipment provided for the public use in any park area, comfort station or other structure. § 3.10 Trees, shrubs, plants, grass and other vegetation (a) General injury. No person shall prune, cut, carry away, pull up, dig, fell, bore, chop, saw, clip, pick, move, sever, climb, molest, take, break, deface, destroy, set fire to, burn, scorch, carve, paint, mark, repair, treat, 67821446-SUPP. VIII-BK. 4 or in any manner interfere with, tamper, mutilate, misuse, disturb or damage any tree, shrub, plant, grass, or part thereof, nor shall any person permit any chemical, whether solid, fluid or gaseous, to seep, drip, drain or be emptied, sprayed, dusted or injected upon, about or into any tree, shrub, plant, grass or part thereof; nor shall any person build fires or station or use any tar kettle, heater, road roller or other engine within a park area in such a manner that the vapor, fumes or heat therefrom may injure any tree or other vegetation. CROSS REFERENCE: For parking which may impair vegetation and trees, see § 3.32 (a) (1) and (8). (b) Animals. No person shall hitch, tie or fasten any horse or other animal to, or within reach of, any tree, shrub, plant, tree box or tree guard. CROSS REFERENCE: For regulations with respect to domestic animals, see also §§ 3.11 to 3.13, inclusive. (c) Attachments. No person shall hitch, tie, fasten, nail, anchor, screw or otherwise attach any wire, cable, chain, rope, card, sign, poster advertisement, notice, announcement, handbill, board or other article or device to any tree, shrub or plant, without first obtaining an official permit. (d) Excavations. No person shall excavate any ditches, tunnels, holes or trenches, or lay any sewer or pipe line, drain, conduit or cable, walk, path, drive or highway within or affecting any park area, without first obtaining an official permit. In making permitted excavations proper care shall be taken to prevent injury to the roots of trees, shrubs, or plants. Upon completion of the work, the ground surface shall be restored by the permittee and the correction of any future settling of the back fill shall likewise be the responsibility of the permittee. (e) Guards. All trees, shrubs, or other plants growing within any park area near any excavation or construction of any kind, shall be protected with a substantial and adequate guard constructed by the permittee. (f) Gas. Any person owning or operating beneath the ground, in or adjacent to park areas, any pipes or other conduits for the transmission or delivery of illuminating gas, oil, steam or other substance in liquid or gaseous form, shall locate and maintain such pipes or conduits free from leaks and in such condi Page 3841 |