North carolina register volume 24 ● issue 23 ● Pages 2011 2154 June 1, 2010




Yüklə 1.53 Mb.
səhifə17/28
tarix25.04.2016
ölçüsü1.53 Mb.
1   ...   13   14   15   16   17   18   19   20   ...   28

15A NCAC 12B .1001 NOISE REGULATION

(a) The production or emission in state parks or recreation areas by any person of noises, speech, music or other sounds that a reasonable person would believe is annoying, disturbing or frightening is prohibited.

(b) The operation of motorized equipment or machinery such as a generator, motor vehicle, motorized toy, or an audio device such as a radio, television set, tape deck or musical instrument, or other item that makes noise that a reasonable person would believe is annoying, disturbing or frightening between the hours of 10:00PM and 7:00AM is prohibited.
History Note: Authority G.S. 113-34; 113-35; 113-264(a);

Eff. February 1, 1976;

Amended Eff. January 1, 1983;

Legislative Objection Lodged Eff. May 11, 1983;

Curative Amended Eff. May 12, 1983;

Amended Eff. May 1, 2010.
15A NCAC 12B .1003 INTOXICATING LIQUORS:

CONTROLLED SUBSTANCE OR BEVERAGES

(a) A person shall not possess or consume any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, within any state park or recreation area, except at the Chimney Rock Attraction and Chimney Rock Restaurant at the Chimney Rock State Park as permitted under a long term operating agreement and at the Summit Conference Center, Haw River State Park in designated areas and only after obtaining a Special Activity Permit from the Director of the Division or his or her designee under Paragraphs (d) through (i) of this Rule. A person shall not possess or consume any other controlled substance or intoxicating substance within any state park or recreation area.

(b) A person shall not be or become intoxicated while within any state park or recreation area, including during events approved under a Special Activity Permit.

(c) A person shall not sell or attempt to sell any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, within any state park or recreation area, except pursuant to the terms and conditions of a long-term operating lease from the Division. A person shall not sell or attempt to sell any other controlled substance or intoxicating substance within any state park or recreation area.

(d) Applications for a Special Activity Permit authorizing the possession or consumption of any malt beverage, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101, shall be made by a Special Activity Permit request to the Director of the Division or his or her designee, not less than 14 days prior to the date(s) of the intended use.

(e) The written request shall state the period of time and the area from which the use is requested; the number of persons expected to be in attendance; the type of activity and malt beverage, fortified wine, unfortified wine or spirituous liquor involved; and the name of the individual, organization or group seeking permission to use any portion of any state park or recreational area for the possession or consumption of any malt beverage, fortified wine, unfortified wine or spirituous liquor, listing the name and address of its president, vice president(s), secretary and treasurer or its principal chief executive officer or officers, its directors, if any, and such other pertinent information as may be required by the Director of the Division, or his or her designee, sufficient to identify the organization submitting the request and the individuals principally engaged in the conduct of its affairs.

(f) The Special Activity Permit shall specify the hours of permitted use, type of malt beverage, fortified wine, unfortified wine or spirituous liquor, the total amounts to be brought into the Park, and the maximum number of attendees.

(g) If the Director of the Division or his or her designee concludes that the requested use will not hinder or impede any regularly established use of the Haw River State Park and Chimney Rock State Park and will not adversely affect or threaten their care, protection or maintenance or create a nuisance by such use, he or she shall grant permission to use the state park or recreation area specified in the request or long term operating lease submitted in accordance with this Rule. If the Director or his or her designee shall determine otherwise, he shall deny the request.

(h) The Director of the Division or his or her designee shall designate appropriate areas and occasions in the designated parks under this Rule, suitable for possession or consumption of malt beverages, fortified wine, unfortified wine or spirituous liquor as defined in G.S. 18B-101. Such areas and occasions shall be limited so as not to interfere, or cause user conflicts, with other groups or individuals also visiting the state park but not requesting the Special Activity Permit. Examples of appropriate areas include meeting rooms, restaurants, cafeterias, lodging rooms and other similar areas in which user conflicts are minimized. Examples of permitted occasions include receptions, weddings and retreats.

(i) The applicant for a Special Activity Permit shall comply with all state or local laws, rules or ordinances related to the possession or consumption of any malt beverage, fortified wine or unfortified wine, as defined in G.S. 18B-101.


History Note: Authority G.S. 113-35;

Eff. February 1, 1976;

Amended Eff. January 1, 1983; June 1, 1981;

Legislative Objection Lodged Eff. March 22, 1983;

Amended Eff. May 1, 2010.
15A NCAC 12B .1004 ANIMALS AT LARGE

(a) A person shall not cause or permit any animal owned by him, in his custody, or under his control, except an animal restrained by a leash not exceeding six feet in length, to enter any park area. Each animal found at large may be seized and disposed of as provided by local law covering disposal of stray animals on public property.

(b) Animals, with the exception of service animals, shall not be allowed in swimming areas, bathhouses, restaurants, visitor centers, park offices, community buildings or cabin areas unless an area or facility is designated as pet friendly.

(c) Animals shall not be unattended at any time within any park area.

(d) Between 9:00 p.m. and 7:00 a.m., animals shall be confined to owner's enclosed vehicle or tent.

(e) Any animal causing a nuisance within a park area shall be removed by the owner from the park area upon the request by a division official.

(f) Pack animals and goats are not allowed in any park except by Special Activity Permit, as provided by Rule .0104 of this Subchapter.
History Note: Authority G.S. 113 35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; January 1, 1983.
15A NCAC 12B .1101 COMMERCIAL ENTERPRISES

(a) Only park employees, contractors or their agents may engage in business or conduct commercial activity in a park, unless authorized by a special activity permit for a specific event, as provided by Rule .0104 of this Subchapter.

(b) Craftsmen are not allowed to display their crafts in a park except when authorized for a special event under a special activity permit. Sales shall not be made except in conjunction with a park sponsored special event under permit as provided by Rule .0104 of this Subchapter.

(c) Applications for permits shall be made as provided by Rule .0104 of this Subchapter.


History Note: Authority G.S. 113-35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983.
15A NCAC 12B .1105 Public Assemblies and

Meetings; Special Activity Permit

(a) Public assemblies, meetings, gatherings, demonstrations, events, religious activities and other public expressions of views (hereinafter "event or activity") protected under the First Amendment of the U.S. Constitution, including the distribution of non-commercial printed matter, are allowed within State Parks, so long as the requirements of this Section are met.

(b) Where the number of persons expected to attend or participate in the event or activity is 20 or less, no Special Activity Permit is required. If more than 20 persons are expected to attend or participate, approval under this Rule is required. The Park Superintendent or his or her designee shall also determine if a Special Activity Permit is required by groups that have concurrently reserved shelters, lodges or similar meeting places.

(c) An application for such a Special Activity Permit shall be made at least 14 days in advance of the event or activity; shall set forth the name, address and phone number of the applicant; the name of the organization (if any); the name, address and phone number of a contact person; the date, time, duration, nature and location of the proposed event or activity; and the estimated number of persons expected to participate; the equipment and facilities to be used; The 14 day time frame shall be waived if the applicant can demonstrate that there will be no adverse effect on park operations, resources or facilities. Special Activity Permit applications shall be approved or denied within 10 business days.

(d) The Park Superintendent or his or her designee shall issue a Special Activity Permit on proper application unless:

(1) A prior application for a permit for the same time and location has been made and has been or will be granted: the activities for a permit for the same time and location has been made and has been or will be granted; and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular location;

(2) It reasonably appears that the event or activity will threaten the health, safety and welfare of persons using the Park;

(3) The event or activity is of such nature or duration that it cannot reasonably be accommodated in the particular location applied for, considering such things as damage to Park resources or facilities; impairment of the atmosphere of peace and tranquility in specially protected natural or historic areas; interference with interpretative programs, visitor services or other program activities, or the administrative activities of the Park; or impairment of public use facilities or services of Park concessionaires or contractors; or

(4) The event or activity would constitute a violation of an applicable law or regulation.

(e) The permit may contain such conditions as are reasonably consistent with protection and use of the Park for the purposes for which it is operated, including limitations on the time, location, number of participants, use and facilities, and number and types of equipment used, but not on the content or viewpoint of the message. Locations which may not be appropriate for Special Activity Permit events or activities include archaeological and interpretive program areas, historic structures; boat ramps; trails; sensitive or fragile natural areas; campgrounds; designated swimming beaches; scenic overlooks and the habitats of threatened or endangered species.

(f) No permit shall be issued for a period in excess of 48 hours, and the timing of activities are subject to normal Park operating hours. Permits may be extended for like periods, upon a new application, unless another applicant has requested use of that same location and multiple occupancy of that location is not reasonably possible.

(g) If a permit is denied, the applicant shall be so informed in writing, with the reason(s) for the denial set forth.

(h) Regardless of whether a permit is required, participants in events or activities covered under this Rule:

(1) Are subject to Park rules or directives;

(2) Are to adhere to locations specified for their event or activity while partaking in such event or activity;

(3) Are subject to the usual fees for parking, admission or use;

(4) Are not to place printed materials on Park signs, infrastructure, natural resources or vehicles;

(5) Are not to obstruct or impede pedestrians or vehicles, or harass Park visitors with physical contact or persistent demands; and

(6) Are not to threaten the health, safety and welfare of persons using the Park.

(i) The Park Superintendent shall designate and maintain information on locations not available for events or activities. Locations may be designated as not available only if such activities would;

(1) Cause injury or damage to park resources or facilities;

(2) Unreasonably impair the atmosphere of peace and tranquility maintained in specially protected natural or historic areas;

(3) Unreasonably interfere with interpretive programs, visitor services, or other program activities, or with the administrative activities of the Park; or

(4) Substantially impair the operation of public use facilities or services of Park concessioners or contractors;

(j) Violation of the terms and conditions of a permit issued in accordance with this Rule shall result in the suspension or revocation of the permit by the Park Superintendent or his or her designee.

History Note: Authority G.S. 113 35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983.
15A NCAC 12B .1201 CLOSING AND OPENING

HOURS; RESTRICTED AREAS

(a) No person is allowed within the park between posted closing and opening hours except under a Special Activity Permit, as provided by Rule .0104 of this Subchapter.

(b) General hours of operation are as follows:

Nov., Dec., Jan., & Feb. 8:00 a.m.   6:00 p.m.

March, April, May, Sept., & Oct. 8:00 a.m.   8:00 p.m.

June, July, & August 8:00 a.m.   9:00 p.m.

Note: The hours of operation for natural areas and undeveloped parks may vary from the listed hours in this Rule and if the hours vary, are posted at such natural areas and undeveloped parks.

(c) The Division may prohibit or restrict public activity within designated environmentally sensitive areas, areas exceeding capacity levels, construction areas, storm damaged areas and other similar locations for natural resource protection and public safety.


History Note: Authority G.S. 113 35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983; April 4, 1979.
15A NCAC 12B .1205 RESERVATION PERIODS

(a) Reservations for camping permits, cabins, shelters, community buildings and other facilities will be made using the Division's central reservation system. Permits shall be issued upon arrival at the park from a Division representative.

(b) Reservations for park facilities in state parks will be accepted up to a maximum of 11 months in advance of the requested arrival date with a minimum of 48 hours before arrival.

(c) Reservations for group camping permits are required prior to any group camping in a state park or recreation area.

(d) Campsites may be reserved for a maximum of 14 consecutive nights within any 30 day period beginning with the first night of stay or as provided by 15A NCAC 12B .0602.

(e) Payment for a Reservation permit must be made at the time the reservation is made.

(f) A refund of a camping permit fee, resulting from the cancellation of a reservation for a camping permit, shall be made using the Division's central reservation system. Any changes or cancellations made prior to the scheduled arrival date shall result in a ten dollar ($10.00) charge. Cancellations made on the scheduled arrival date shall be charged one night's camping for each reservation as well as the ten dollar ($10.00) service charge. No refunds shall be issued for no-shows, cancellations, or early departures after the date of arrival. Refunds shall be made using the same method of the original transaction, (e.g. credit shall refund credit). This applies to all methods of payment, including credit card, gift card, check and cash payment.
History Note: Authority G.S. 113 35;

Eff. February 1, 1976;

Amended Eff. May 1, 2010; October 1, 1984; January 1, 1983; February 15, 1981.



15A NCAC 12B .1206 FEES AND CHARGES

The following fee schedule applies to all state park areas. Payment of the appropriate fee is a prerequisite for the use of the public service facility or convenience provided. Unless otherwise provided in this Rule, the number of persons camping at a particular campsite may be limited by the park superintendent depending upon the size of the camping group and the size and nature of the campsite. Any senior citizen (person 62 or older) registering for a campsite shall receive the discounted senior citizens rate. A reservation service charge per day-use facility rental or overnight facility rental (on a per night rate) for use of the Central Reservation System in the amount of three dollars ($3.00) is required and shall be added to the fees identified in this Rule for those facilities and facilities rented through the Central Reservation System.


TYPE OF FACILITY OR CONVENIENCE FEE

(1) CAMPING

(a) Campsites with electrical hookups, picnic table, $ 22.00 (per campsite daily)

and grill. Water, restrooms, and shower $ 16.00 (senior citizens daily,

facilities also available 62 or older)

(b) Campsites with picnic table and grill. Water, $ 17.00 (per campsite daily)

restrooms, and shower facilities also available. $ 12.00 (senior citizens daily,

62 or older)

(c) Primitive, unimproved campsites with pit privies. $ 10.00 (per campsite, daily)

Fresh water also available.

(d) Primitive group tent camping, unimproved $ 2.00 (per person, with $9.00

campsites with pit privies. minimum)

(e) Improved Group Camping (water, restrooms $ 45.00 (per day/maximum

and shower facilities available. capacity 35)

$ 55.00 (per day/maximum

capacity 50)

$ 115.00 (per day/maximum

capacity 100)

(f) Group Lodge

William B. Umstead State Park $ 35.00 (per day/maximum 25

people)

(g) Group Camps



(i) William B. Umstead State Park Daily April, May, Sept., Oct.

$ 35.00 One Unit per day

$ 85.00 Mess Hall per day
Weekly Only June thru August

$ 400.00 Camp Crabtree

$ 400.00 Camp Whispering Pines

$ 450.00 Camp Lapihio


(ii) Singletary Lake State Park Daily April, May, Sept. Oct.

$ 110.00 Camp Ipecac, Camp Loblolly

$ 45.00 Cabin Unit per day

$ 85.00 Mess Hall per day


Weekly Only June thru August

$ 425.00 Camp Ipecac

Camp Loblolly
Nov. - March

Camp Loblolly available

at Weekly or daily rates.
(h) Equestrian Facilities Daily January - Dec. Per Campsite

(i) Campsite with picnic table and grill $ 22.00

(ii) Horse Stalls $ 10.00 5' X 10' Per Day

$ 15.00 10' X 10' Per Day


(2) CABINS (by reservation only at Hanging Rock State Park $425.00 (per week from June 1st

and Morrow State Park) (Cabin rentals are restricted to until Labor Day)

seven consecutive nights in a calendar year at an

individual park).

$450.00 (per week from June 1st to Labor Day, with swimming privileges).
$ 85.00 Labor Day to May 31st per day with up to a maximum weekly rate of $425.00).
(3) SWIMMING/BATHHOUSE $ 5.00 (per adult, age 13 and over)

$ 4.00 (per child, ages 3-12)

(4) ROWBOAT/CANOE RENTAL $ 5.00 (for first hour)

$ 3.00 (for each additional hour)

(5) PADDLE BOAT RENTAL $ 5.00 (for first hour)

$ 3.00 (for additional hour)

(6) PICNIC SHELTER RENTAL $ 30.00 (1-2 tables)

(By reservation only) $ 45.00 (3-4 tables)

$ 70.00 (5-8 tables)

$ 95.00 (9-12 tables)

(7) PARKING FEE (Kerr Lake, Jordan and Falls only) $ 6.00 (per car)

$ 4.00 (per car-senior citizens 62 or older)

$ 15.00 (per bus)

$ 40.00 (for 10 daily passes)

$ 50.00 (for annual pass)

(8) HAMMOCKS BEACH FERRY $ 5.00 (per adult, age 13 and over)

$ 3.00 (Sr. Citizen and per child, ages 6-12)

Annual Ferry Pass $ 50.00

(9) COMMUNITY BUILDINGS $ 185.00

(10) SPECIAL ACTIVITY PERMIT $ 35.00

(11) CATCH AND RELEASE FISHING $ 22.00 per day per section

(Stone Mountain State Park)

(12) SLIP RENTAL AND OTHER FEES FOR THE CAROLINA BEACH STATE PARK MARINA (All slip rental fees shall be paid in full at the time the lease is executed.)

(a) Transient, overnight dockage (no longer than $ 30.00

14 days in any 30 day period.)

(b) Slip Rental (Fees charged according to term

of lease and vessel size.) One month lease

25 feet and smaller $ 310.00

26 feet to 30 feet $ 335.00

31 feet to 35 feet $ 390.00

36 feet to 40 feet $ 495.00

(c) Six month lease

(runs 183 days from date executed)

25 feet and smaller $ 1670.00

26 feet to 30 feet $ 1900.00

31 feet to 35 feet $ 2100.00

36 feet to 40 feet $ 2675.00

(d) Twelve month lease

(runs 365 days from date executed)

25 feet and smaller $ 3275.00

26 feet to 30 feet $ 3535.00

31 feet to 35 feet $ 4120.00

36 feet to 40 feet $ 5225.00

(e) Boat Launching Fee $ 6.00

(f) Holding Tank Pump Out $ 20.00

(g) Battery Charging Service $ 5.00

(13) Fort Fisher 4WD Beach Access Annual Permit

(a) Daily Permit $ 12.00

(b) Annual Permit $ 50.00
History Note: Authority G.S. 113-35(b);

Eff. April 1, 1997;

Amended Eff. May 1, 2010; February 1, 2004.


* * * * * * * * * * * * * * * * * * * *
15a ncac 18a .2508 DEFINITIONS

The following definitions apply throughout this Section:

(1) Equipment replacement means replacement of individual components of the hydraulic and disinfection systems such as pumps, filters, and automatic chemical feeders.

(2) Public swimming pool means public swimming pool as defined in G.S. 130A-280. Public swimming pools are divided into four types:

(a) Swimming pools are public swimming pools used primarily for swimming.

(b) Spas are public swimming pools designed for recreational and therapeutic use that are not drained, cleaned, or refilled after each individual use. Spas may include units designed for hydrojet circulation, hot water, cold water mineral bath, air induction bubbles, or any combination thereof. Common terminology for spas includes "therapeutic pool", "hydrotherapy pool", "whirlpool", "hot spa", and "hot tub".

(c) Wading pools are public swimming pools designed for use by children, including wading pools for toddlers

and children's activity pools designed for casual water play ranging from splashing activity to the use of interactive water features placed in the pool.

(d) Specialized water recreation attractions are pools designed for special purposes that differentiate them from swimming pools, wading pools and spas. They include:

(i) water slide plunge pools and run out lanes;

(ii) wave pools;

(iii) rapid rides;

(iv) lazy rivers;

(v) interactive play attractions that incorporate devices using sprayed, jetted, or other water sources contacting the users and that do not incorporate standing or captured water as part of the user activity area; and

(vi) training pools deeper than a 24 inch deep wading pool and shallower than a 36 inch deep swimming pool.

(3) Registered Design Professional means an individual who is registered or licensed to practice engineering as defined by G.S. 89C or architecture as defined by G.S. 83A.

(4) Remodeled means renovations requiring disruption of the majority of the pool shell or deck, changes in the pool profile, or redesign of the pool hydraulic system.

(5) Repair means returning existing equipment to working order, replastering or repainting of the pool interior, replacement of tiles or coping and similar maintenance activities. This term includes replacement of pool decks where the Department has determined that no changes are needed to underlying pipes or other pool structures.

(6) Safety vacuum release system means a system or device capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to suction outlet flow blockage.

(7) Splash zone means the area of an interactive play attraction that sheds water to a surge tank or container to be recirculated.

(8) Unblockable drain means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.
History Note: Authority G.S. 130A-282;

Eff. May 1, 1991;

Temporary Amendment Eff. June 1, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. May 1, 2010; March 1, 2004; April 1, 1999; January 1, 1996; October 1, 1994.

1   ...   13   14   15   16   17   18   19   20   ...   28


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə