rock creek park superintendent's compendium …...sep 26, 2019  · sunrise except for...

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ROCK CREEK PARK SUPERINTENDENT'S COMPENDIUM CODE OF FEDERAL REGULATIONS TITLE 36, CHAPTER 1 Designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent. This Compendium for Rock Creek Park lists the various restrictions, conditions, public use limitations, closures and other designations that are allowed under the discretionary authority of the Superintendent. The Superintendent's discretionary authority is based on certain National Park Service (NPS) general regulations in the U.S. Code - 36 CFR- Parks, Forest and Public Property. 36 CFR Parts 1-6 as well as the park's special regulation at 36 CFR 7.96, apply to the National Capital Region. The Compendium is separate and apart from the NPS general regulations at 36 CFR parts 1-6, the NPS Management Policies, and Rock Creek Park's special regulation at 36 CFR 7.96, which may be found on the NPS's website at http://www.nps.gov/aboutus/lawsandpolicies.htm and at the Government Printing Office's website at www.ecfr.gov. . Juha Washburn, Supermtendent Date

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Page 1: ROCK CREEK PARK SUPERINTENDENT'S COMPENDIUM …...Sep 26, 2019  · sunrise except for vehicular traffic on park roads. Buses, commercial vehicles, and trucks ... Bingham, Ross and

ROCK CREEK PARK

SUPERINTENDENT'S COMPENDIUM

CODE OF FEDERAL REGULATIONS TITLE 36, CHAPTER 1

Designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent.

This Compendium for Rock Creek Park lists the various restrictions, conditions, public use limitations, closures and other designations that are allowed under the discretionary authority of the Superintendent. The Superintendent's discretionary authority is based on certain National

Park Service (NPS) general regulations in the U.S. Code - 36 CFR- Parks, Forest and Public Property. 36 CFR Parts 1-6 as well as the park's special regulation at 36 CFR 7.96, apply to the National Capital Region. The Compendium is separate and apart from the NPS general regulations at 36 CFR parts 1-6, the NPS Management Policies, and Rock Creek Park's special regulation at 36 CFR 7.96, which may be found on the NPS's website at http://www.nps.gov/aboutus/lawsandpolicies.htm and at the Government Printing Office's website at www.ecfr.gov.

~ . Juha Washburn, Supermtendent Date

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I. 36 CFR § 1.5 - VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(l) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:

Visiting Hours:

Unless otherwise designated, all park land is open between the hours of sunrise and sunset.

The Rock Creek Park Nature Center and Planetarium is open Wednesday through Sunday, 9 am to 5 pm, and closed on the Fourth of July, Thanksgiving, Christmas and New Year's days.

The Old Stone House is open:

March 1 through Labor Day: 11 am to 7 pm.

The day after Labor Day until April 30: Monday through Thursday from 11 am until 6 pm, and Friday through Sunday from 11 am until 7 pm.

Old Stone House is closed on Christmas Day. On New Years Eve, New Years Day and Thanksgiving, the Old Stone House closes at 5 pm.

The Peirce Barn/Peirce Mill complex buildings are open:

April 1 - October 31 : Friday-Sunday 10:00 am to 5:00 pm.

November l - February 28/29: Saturday and Sunday Noon to 4:00 PM except Christmas Day and New Years Day.

March l - March 31: 10:00 am to 4:00 pm.

Advance group reservations are required for groups of 10 or more.

Carter Barron Amphitheater is currently closed for repairs.

Public Use Limits:

Picnic areas 1, 6, 7, 8, 9, 10, 13 and 24 require a reservation permit from May through October and are limited to no more than 75 people. Picnic areas 2, 3, 4, 5, 11, I 2, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 29 operate as first-come, first-served, and are limited to no more than 25 people. Picnicking is prohibited at Fort Stevens and Battleground National Cemetery. Large group picnics of 25 or more people are not allowed outside of

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numbered picnic areas unless the Superintendent provides an exception in writing. Infonnal picnics of fewer than 25 people are allowed in all other lawn areas except for the park areas listed above.

Coolers, scooters, rollerblades, bicycles, glass containers, picnic baskets, pets and cans are prohibited inside Carter Barron Amphitheatre and Rock Creek Tennis Stadium.

Service animals for the disabled are allowed inside Carter Barron Amphitheater and Rock Creek Tennis Stadium when officially assisting a disabled person.

Photography and audio and video recording of events at Carter Barron Amphitheatre and Rock Creek Tennis Stadium is prohibited except as authorized under a Special Use Pennit.

Old Stone House visitor limit is 25 people.

The Peirce Mill visitor limit in the basement and first floor is 25 at each level. All other areas and floors are restricted, and may only be accessed by special request.

Parking is allowed only in designated parking areas.

Weddings are allowed at Meridian Hill Park, Montrose Park, the garden at the Old Stone House, and at Georgetown Waterfront Park. Weddings in areas administered by Rock Creek Park require a Special Use Pennit. There is a limit of 50 people; no chairs, balloons or decorations are allowed. Receptions are not allowed. Weddings at the Old Stone House are limited to one per day.

Washing vehicles within Rock Creek Park is prohibited.

Repair or maintenance of vehicles (other than short-tenn emergency repairs) by private individuals or commercial businesses within Rock Creek Park is prohibited.

Closures:

Unless otherwise designated, all park land is closed between the hours of sunset and sunrise except for vehicular traffic on park roads. Buses, commercial vehicles, and trucks over ½ ton are prohibited on park roads unless given specific pennission in writing by the Superintendent.

The parks along 16th Street NW, including Meridian Hill Park, are closed midnight to 5:00 am from May through October, and 9:00 pm to 5:00 am November through April.

Sections of Beach Drive, Bingham Drive, and Sherrill Drive NW are closed to motor vehicle traffic on weekends and federal holidays. Sherrill, Bingham, Ross and Morrow Drives NW are closed to motor vehicle traffic when snow or ice is present.

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Carter Barron Amphitheatre parking lot is closed from midnight until 5 am.

The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

Docking or Mooring Areas:

Mooring of boats at the dock at Washington Harbour on the Georgetown Waterfront is prohibited between midnight and 6 am, as determined by the Superintendent, Rock Creek Park, dated January 30, 2002, 36 CFR 1.5, consistent with the determination by the Superintendent, C&O Canal NHP, dated June 22, 1998, and the Regional Director's

memorandum dated November 20, 1997.

Bicycle Use Areas/Routes:

36 CFR 4.30 prohibits the use of bicycles except on park roads, in parking areas, and on

routes designated for bicycle use. In addition:

Operating a bicycle abreast of another bicycle is prohibited except on sections of roads

closed for recreational use.

All unpaved trails, and off-trail or off-road areas are closed to bicycle use.

Bicycles must be operated at speeds reasonable for existing conditions. Speed should not exceed 15-mph on paved multi-use recreation trails or 25-mph on paved roadways.

Bicyclists must adhere to protective equipment requirements and regulations set by the District of Columbia.

E-bikes are allowed in Rock Creek Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor

vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.

o A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).

o Except as specified in this Compendium, the use of an e-bike within Rock Creek Park is governed by District of Columbia law, which is adopted and made a part of this Compendium. Any violation of District of Columbia law adopted by this paragraph is prohibited.

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Definition: The term ""e-bike" means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p).

The following restrictions and/or conditions are in effect for the specific uses or activities noted:

Dogs must be on leash within park areas, and park visitors must comply with District of Columbia leash laws. Dogs are prohibited from tennis courts and playgrounds.

Camping is prohibited within all park areas.

All park areas are closed to the viewing of wildlife with an artificial light.

All park areas are closed to swimming, wading and bathing by people or household pets.

Archery target practice is prohibited.

Canopies, tents or shade structures anchored to the ground, awnings or portable pavilions are prohibited except where written pennission is obtained from the Superintendent.

Fishing is pennitted in Rock Creek between the Potomac River and Porter Street, NW. District of Columbia fishing laws apply, including the requirement to possess a fishing license.

Removing or damaging natural or cultural resources is prohibited.

No unauthorized vehicles (including golf carts, carts, trucks, bicycles) are allowed to drive or park on park turf.

Parasailing, windboarding, and gliding are prohibited in the park. The practice of groundhandling techniques for parasailing may be authorized under a permit for designated areas of the park.

Unmanned Aircraft

The tenn "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Rock Creek Park is prohibited except as approved in writing by the Superintendent.

Justification: Rock Creek Park (United States Reservation 339) was founded in 1890 by the US. Congress as "a public park or pleasure ground for the benefit and enjoyment of the

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people of the United Stales." The founding legislation also noted that rhe management of Rock Creek Park, which transferred to the National Park Service in 1933, "shall provide for the preservation from injury or spoliation of all timber, animals, or curiosities within said park, and their retention in their natural condition, as nearly as possible." Under NPS Management Policies, the impact of the use of unmanned aircraft over Rock Creek Park on soundscapes, vistas, cultural landscapes, migratory birds, critical migratory bird habitat and other features of the park that must remain in the condition mandated by Congress must be assessed before the park can contemplate their use.

Rock Creek Park currently administers over 3,000 acres in 99 federal reservations stretching across the northwest and northeast quadrants of Washington, DC. Unmanned aircraft use throughout these reservations is prohibited until NPS can make a determination of the security concerns and possible impacts from an unmanned aircraft launched from within Rock Creek Park on areas adjacent to or surrounded by National Park Service land These include the Federal Aviation Administration's Prohibited Area P-56B, adjacent to Dumbarton Oaks Park, Whitehaven Parkway, Normans/one Parkway, and sections of Rock Creek and Potomac Parkway; the 41 foreign missions that border these reservations along Reservation 339, Civil War Defenses of Washington, Whitehaven Parkway, Normans/one Parkway, Rock Creek and Potomac Parkway, Kling/e Valley, Melvin Hazen Park, and Glover Archbold Park, among other reservations; the United States Department of Homeland Security Headquarters, which borders Glover Archbold Park and the Civil War Defenses of Washington; Federal Aviation Administration communications facilities, located on Civil War Defenses of Washington land; United States Army Corps of Engineers drinking water processingfaci/ities and reservoirs adjacent to Potomac Palisades; and DC Water reservoir and drinking water processing facilities bounded by Civil War Defenses of Washington land

The preservation of the reverential and contemplative atmosphere of Battleground National Cemetery, at which 41 Union veterans of the Civil War Batlle of Fort Stevens are interred, must also be considered in the assessment of this new use.

Given the requirement under NPS management Policies 2006 that any new use must be assessed for appropriateness and possible impacts, less restrictive measures that would allow any use of an unmanned aircraft will not suffice.

II. 36 CFR § 1.6 - ACTIVITIES THAT REQUIRE A PERMIT

NOTE: The tenn 11pennit11 covers a variety of instruments allowing us to manage activities within Rock Creek Park. The following definitions apply within areas administered by Rock Creek Park:

Pennits to reserve athletic fields within Rock Creek Park are obtained from the District of Columbia Parks and Recreation Department by calling 202-673-7646. The District of Columbia charges an administrative processing fee for these reservation pennits.

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Permits to reserve a picnic area are obtained on-line at www.recreation.gov. or by calling 1-877-822-6777. There are fees associated with picnic area reservations.

Permits for first amendment rights demonstrations, special events, or filming within any park area in the National Capitol Region (NCR) are required by 36 CFR to be processed through the NCR Park Programs Division. To obtain an application, contact 202-245-4715.

Permits for construction. educational programs (not led by a park ranger) or to use or cross park land are obtained from the Environmental Protection Specialist for Rock Creek Park at 202-895-6000.

Information about permits for rights of way are obtained from the Environmental Protection Specialist for Rock Creek Park at 202-895-6000.

Permits for scientific research and collecting may be obtained online at: www.science.nature.nps.gov/research. For information about these permit, contact the Rock Creek Park Natural Resources Management Office at 202-895-6074.

Special Park Use permits required for construction within park land, to stage equipment, to cross park land with cables or other utilities, or to use park land for access to an adjoining site. Contact the Environmental Protection Specialist at 202-895-6000.

The following is a compilation of those activities for which a Special Park Use permit is required:

§ 1.5( d) The following activities related to Public Use Limits:

Weddings are allowed only at Meridian Hill Park, Montrose Park. the Old Stone House garden, and Georgetown Waterfront Park. A permit is required and a fee charged. For more information, contact the Special Park Use Office at 202-895-6013. Weddings at the Old Stone House are limited to one per day.

Special events or First Amendment Rights demonstrations of more than 25 people require a permit from the NCR Park Programs Office, contact 202-245-4715.

Groups larger than 10 horses and riders must obtain a Special Use Permit from the Special Park Use office at 202-895-6013.

Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §7.96(g). Amplified sound is not allowed in picnic areas. Amplified sound as part of special events must operate within decibel limits specified in the permit conditions.

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§7 .96(k) Sale or distribution of printed matter that is not solely commercial advertising is only allowed as part of a first amendment rights event, and must follow permit conditions.

§2.62(b) Memorialization (scattering ashes from human cremation) is not allowed within Rock Creek Park.

§5.3 Engaging in or soliciting any business is not allowed within Rock Creek Park except under the provisions of a permit, contract, or written agreement with the National Park Service.

III. GENERAL REGULATIONS

36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

Standing dead wood or dead wood on the ground may not be collected for use as fuel for campfires or other uses.

No fruits, nuts, berries, seeds, mushrooms or cut greenery may be gathered or collected for personal or business use or consumption in Rock Creek Park.

No artifacts, portions of structures or architectural elements may be collected within the park.

Recreational activities that damage or harm natural, cultural, or archeological resources are prohibited.

2.1 (b) Hiking and pedestrian uses are restricted to designated foot, horse, and paved recreational trails in the park as shown on the map in the park brochure.

36 CFR §2.2 - WILDLIFE PROTECTION

Hunting is not permitted on any park property.

Trapping is not permitted on any park property.

Transporting of lawfully taken wildlife through the park is not permitted.

All park areas are closed to the viewing of wildlife with the use of an artificial light.

36 CFR 2.13 - FIRES

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(a}(l} The lighting or maintaining of fires is allowed only in the following designated areas or receptacles, and under the conditions noted:

Designated Areas: Fires are allowed within fire grates in established picnic areas.

Receptacles Allowed: Individual grills are allowed in established picnic groves.

Charcoal must be doused with water completely and disposed of in a trash receptacle.

Fires are prohibited if the Superintendent declares a high fire danger and public notice given that fires are banned within the park.

36 CFR §2.14-SANITATION and REFUSE

The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse is prohibited.

36 CFR §2.15 - PETS

Pets may not be left unattended tied to an object.

Visitors with pets must pick up all pet waste and dispose of it in a trash receptacle.

36 CFR §2.16-HORSES and PACK ANIMALS

The use of horses or pack animals is permitted only on the following trails, routes or areas:

Established horse trails within Rock Creek Park (see park map at www.nps.gov/rocr}

Equitation Field

Free-trailing or loose-herding is not permitted on the Rock Creek Park trails or routes. Horse trailers and tow vehicles must be parked legally in designated parking spaces. Groups larger than IO horses and riders require permit from the Special Park Use office at 202-895-6013.

36 CFR §2.19 - WINTER ACTIVITIES

(a} The following park roads and/or parking areas normally open to motor vehicle traffic may be used for skiing, snowshoeing, sledding, tobogganing, and similar winter activities under the conditions noted :

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Sections of Beach Drive, Sherrill Drive, Ross Drive, Morrow Drive or Bingham Drive and portions of Glover Road are closed to motor vehicles. (Non-motorized winter activities are allowed in the closed sections.)

The towing of persons on skis, sled or other similar device by motor vehicle or snowmobile is not allowed.

Skiing, snowshoeing, sledding, tobogganing and similar winter activities are allowed throughout the park.

36 CFR §2.20 - SKA TING, SKATEBOARDS and SIMILAR DEVICES

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:

Paved multi-use trails

Roads closed to motor vehicle traffic on weekends or federal holidays.

36 CFR §2.21 - SMOKING

All buildings, structures or facilities are closed to smoking. Smokers in outside area must dispose of fully extinguished smoking materials in proper trash containers.

36 CFR §2.22 - PROPERTY

Property is not allowed to be left unattended for periods longer than 24 hours within Rock Creek Park, unless the property is part of an activity under a Special Park Use permit.

36 CFR §2.23 - RECREATION FEES

Recreation fees, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Entrance Fee Areas: Not applicable for Rock Creek Park. Daily Site Use Fee Areas: Parking at Thompson's Boat House, fee charged through on­site collection system

36 CFR §2.35 -ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a

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bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

Alcoholic beverages are prohibited from all park areas administered by Rock Creek Park, except authorized concessions sales at Carter Barron Amphitheatre, Rock Creek Park Golf Course clubhouse, and Rock Creek Tennis Stadium.

36 CFR §7.96 and Iskon v.Kennedy, 61F.3d949 (D.C. Cir. 1995)-NONCOMMERCIAL SOLICITING

The solicitation or demand for gifts, money, goods or services requires a permit under §.96 and lskon v.Kennedy, 61F.3d949 (D.C. Cir. 1995), and is subject to the terms and conditions specified therein.

NOTE: This section generally prohibits soliciting or demanding gifts, money goods or services except in accordance with a permit. The term "soliciting" includes asking, begging and non-verbal gestures, such as a hand out or palm up. [48 FR 30271, June 30, 1983]

36 CFR §3.6 - BOA TING OPERATIONS

Launching boats is prohibited within Rock Creek Park unless water levels are at least 2 feet deep. Boats are not allowed to go over Peirce Mill Dam under any conditions. Canoes, kayaks or other similar human powered boats are allowed. Vessels must be less than 20 feet in length, with no motors allowed, and the vessels must be launched only by hand.

36 CFR §3.21- SWIMMING AND BATHING

All Rock Creek Park areas are closed to swimming, bathing and wading by people and pets.

36 CFR §4.10 - TRAVEL ON PARK ROADS AND ROUTES

Park roads that open for travel by motor vehicle are indicated in the Rock Creek Park brochure and on line at https://www.nps.gov/rocr/planyourvisit/maps.htm. Off-road vehicle travel is not allowed.

Motorized Personal Mobility Devices. Unless operated by a person with a disability, motorized personal mobility devices may only operate on sidewalks or multi-use (paved) trails. Users of

motorized personal mobility devices must also adhere to the following operating standards, most of which are also required under District of Columbia regulations on safe use of electric personal

assistive mobility device:

• No person under 16 years of age may operate a motorized personal mobility device.

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• A person shall operate any motorized personal mobility device in a safe and non-hazardous manner so not to endanger oneself or any other person. The maximum speed of the motorized personal mobility device will not exceed more than 8 M.P.H.

36 CFR §4.21 - SPEED LIMITS

Speed limit is 25 mph on all park roads unless otherwise posted.