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[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR7.96]
[Page 141-153]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
PART 7_SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM--Table of
Contents
Sec. 7.96 National Capital Region.
(a) Applicability of regulations. This section applies to all park
areas administered by National Capital Region in the District of
Columbia and in Arlington, Fairfax, Loudoun, Prince William, and
Stafford Counties and the City of Alexandria in Virginia and Prince
Georges, Charles, Anne Arundel, and Montgomery Counties in Maryland and
to other federal reservations in the environs of the District of
Columbia, policed with the approval or concurrence of the head of the
agency having jurisdiction or control over such reservations, pursuant
to the provisions of the act of March 17, 1948 (62 Stat. 81).
[[Page 142]]
(b) Athletics--(1) Permits for organized games. Playing baseball,
football, croquet, tennis, and other organized games or sports except
pursuant to a permit and upon the grounds provided for such purposes, is
prohibited.
(2) Wet grounds. Persons holding a permit to engage in athletics at
certain times and at places authorized for this use are prohibited from
exercising the privilege of play accorded by the permit if the grounds
are wet or otherwise unsuitable for play without damage to the turf.
(3) Golf and tennis; fees. No person may use golf or tennis
facilities without paying the required fee, and in compliance with
conditions approved by the Regional Director. Trespassing, intimidating,
harassing or otherwise interfering with authorized golf players, or
interfering with the play of tennis players is prohibited.
(4) Ice skating. Ice skating is prohibited except in areas and at
times designated by the Superintendent. Skating in such a manner as to
endanger the safety of other persons is prohibited.
(c) Model planes. Flying a model powered plane from any park area is
prohibited without a permit.
(d) Fishing. Unless otherwise designated, fishing in a manner
authorized under applicable State law is allowed.
(e) Swimming. Bathing, swimming or wading in any fountain or pool
except where officially authorized is prohibited. Bathing, swimming or
wading in the Tidal Basin, the Chesapeake and Ohio Canal, or Rock Creek,
or entering from other areas covered by this section the Potomac River,
Anacostia River, Washington Channel or Georgetown Channel, except for
the purpose of saving a drowning person, is prohibited.
(f) Commercial vehicles and common carriers--(1) Operation in park
areas prohibited; exceptions. Commercial vehicles and common carriers,
loaded or unloaded, are prohibited on park roads and bridges except on
the section of Constitution Avenue east of 19th Street or on other roads
and bridges designated by the Superintendent, or when authorized by a
permit or when operated in compliance with paragraph (f)(2) of this
section.
(2) George Washington Memorial Parkway; passenger-carrying vehicles;
permits; fees. (i) Taxicabs licensed in the District of Columbia,
Maryland, or Virginia, are allowed on any portion of the George
Washington Memorial Parkway without a permit or payment of fees.
(ii) Passenger-carrying vehicles for hire or compensation, other
than taxicabs, having a seating capacity of not more than fourteen (14)
passengers, excluding the operator, when engaged in services authorized
by concession agreement to be operated from the Washington National
Airport and/or Dulles International Airport, are allowed on any portion
of the George Washington Memorial Parkway in Virginia without a permit
or payment of fees. However, when operating on a sightseeing basis an
operator of such a vehicle shall comply with paragraph (f)(2)(iv) of
this section.
(iii) Passenger-carrying vehicles for hire or compensation, other
than those to which paragraphs (f)(2) (i) and (ii) of this section
apply, are allowed on the George Washington Memorial Parkway upon
issuance of a permit by the Regional Director, under the following
conditions:
(A) When operating on a regular schedule: to provide passenger
service on any portion between Mount Vernon and the Arlington Memorial
Bridge, or to provide limited direct nonstop passenger service from Key
Bridge to a terminus at the Central Intelligence Agency Building at
Langley, Virginia, and direct return, or to provide limited direct
nonstop passenger service from the interchange at Route 123 to a
terminus at the Central Intelligence Agency Building at Langley,
Virginia, and direct return. Permittees shall file a schedule of
operation and all schedule changes with the Regional Director showing
the number of such vehicles and total miles to be operated on the
parkway.
(B) When operating nonscheduled direct, nonstop service primarily
for the accommodation of air travelers arriving at or leaving from
Dulles International Airport or Washington National Airport: between
Dulles International Airport and a terminal in Washington, DC, over the
George
[[Page 143]]
Washington Memorial Parkway between Virginia Route 123 and Key Bridge;
or between Washington National Airport and a terminal in Washington,
D.C., over the George Washington Memorial Parkway between Washington
National Airport and 14th Street Bridge; or between Dulles International
Airport and Washington National Airport over the George Washington
Memorial Parkway between Virginia Route 123 and Washington National
Airport. Permittees shall file a report of all operations and total
miles operated on the George Washington Memorial Parkway with the
Regional Director.
(C) Permits are issued to operators of vehicles described in
paragraphs (f)(2)(iii) (A) and (B) normally for a period of one year,
effective from July 1 until the following June 30, at the rate of one
cent (1) per mile for each mile each such vehicle operates upon the
parkway. Payment shall be made quarterly within twenty (20) days after
the end of the quarter based upon a certification by the operator of the
total mileage operated upon the parkway.
(iv) Sightseeing passenger-carrying vehicles for hire or
compensation other than taxicabs may be permitted on the George
Washington Memorial Parkway upon issuance of a permit by the Regional
Director, to provide sightseeing service on any portion of the parkway.
Permits may be issued either on an annual basis for a fee of three
dollars ($3.00) for each passenger-carrying seat in such vehicle; on a
quarterly basis for a fee of seventy-five cents (75) per seat; or on a
daily basis at the rate of one dollar ($1.00) per vehicle per day.
(3) Taxicabs--(i) Operations around Memorials. Parking, except in
designated taxicab stands, or cruising on the access roads to the
Washington Monument, the Lincoln Memorial, the Jefferson Memorial, and
the circular roads around the same, of any taxicab or hack without
passengers is prohibited. However, this section does not prohibit the
operation of empty cabs responding to definite calls for hack service by
passengers waiting at such Memorials, or of empty cabs which have just
discharged passengers at the entrances of the Memorials, when such
operation is incidental to the empty cabs' leaving the area by the
shortest route.
(ii) Stands. The Superintendent may designate taxicab stands in
suitable and convenient locations to serve the public.
(4) The provisions of this section prohibiting commercial trucks and
common carriers do not apply within other Federal reservations in the
environs of the District of Columbia and do not apply on that portion of
Suitland Parkway between the intersection with Maryland Route 337 and
the end of the Parkway at Maryland Route 4, a length of 0.6 mile.
(g) Demonstrations and special events--(1) Definitions. (i) The term
``demonstrations'' includes demonstrations, picketing, speechmaking,
marching, holding vigils or religious services and all other like forms
of conduct which involve the communication or expression of views or
grievances, engaged in by one or more persons, the conduct of which has
the effect, intent or propensity to draw a crowd or onlookers. This term
does not include casual park use by visitors or tourists which does not
have an intent or propensity to attract a crowd or onlookers.
(ii) The term ``special events'' includes sports events, pageants,
celebrations, historical reenactments, regattas, entertainments,
exhibitions, parades, fairs, festivals and similar events (including
such events presented by the National Park Service), which are not
demonstrations under paragraph (g)(1)(i) of this section, and which are
engaged in by one or more persons, the conduct of which has the effect,
intent or propensity to draw a crowd or onlookers. This term also does
not include casual park use by visitors or tourists which does not have
an intent or propensity to attract a crowd or onlookers.
(iii) The term ``national celebration events'' means the annually
recurring special events regularly scheduled by the National Capital
Region, which are listed in paragraph (g)(4)(i) of this section.
(iv) The term ``White House area'' means all park areas, including
sidewalks adjacent thereto, within these bounds; on the south,
Constitution Avenue NW.; on the north, H Street NW.;
[[Page 144]]
on the east, 15th Street, NW.; and on the west, 17th Street NW.
(v) The term ``White House sidewalk'' means the south sidewalk of
Pennsylvania Avenue NW., between East and West Executive Avenues NW.
(vi) The term ``Lafayette Park'' means the park areas, including
sidewalks adjacent thereto, within these bounds: on the south,
Pennsylvania Avenue NW.; on the north, H Street NW.; on the east,
Madison Place NW.; and on the west, Jackson Place NW.
(vii) The term ``Ellipse'' means the park areas, including sidewalks
adjacent thereto, within these bounds: on the south, Constitution Avenue
NW.; on the north, E Street, NW.; on the west, 17th Street NW.; and on
the east, 15th Street NW.
(viii) The term ``Regional Director'' means the official in charge
of the National Capital Region, National Park Service, U.S. Department
of the Interior, or an authorized representative thereof.
(ix) The term ``other park areas'' includes all areas, including
sidewalks adjacent thereto, other than the White House area,
administered by the National Capital Region.
(x) The term ``Vietnam Veterans Memorial'' means the structures and
adjacent areas extending to and bounded by the south curb of
Constitution Avenue on the north, the east curb of Henry Bacon Drive on
the west, the north side of the north Reflecting Pool walkway on the
south and a line drawn perpendicular to Constitution Avenue two hundred
(200) feet from the east tip of the memorial wall on the east (this is
also a line extended from the east side of the western concrete border
of the steps to the west of the center steps to the Federal Reserve
Building extending to the Reflecting Pool walkway).
(2) Permit requirements. Demonstrations and special events may be
held only pursuant to a permit issued in accordance with the provisions
of this section except:
(i) Demonstrations involving 25 persons or fewer may be held without
a permit provided that the other conditions required for the issuance of
a permit are met and provided further that the group is not merely an
extension of another group already availing itself of the 25-person
maximum under this provision or will not unreasonably interfere with
other demonstrations or special events.
(ii) Demonstrations may be held in the following park areas without
a permit provided that the conduct of such demonstrations is reasonably
consistent with the protection and use of the indicated park area and
the other requirements of this section. The numerical limitations listed
below are applicable only for demonstrations conducted without a permit
in such areas. Larger demonstrations may take place in these areas
pursuant to a permit.
(A) Franklin Park. Thirteenth Street, between I and K Streets NW.,
for no more than 500 persons.
(B) McPherson Square. Fifteenth Street, between I and K Streets NW.,
for no more than 500 persons.
(C) U.S. Reservation No. 31. West of 18th Street and south of H
Street NW., for no more than 100 persons.
(D) Rock Creek and Potomac Parkway. West of 23rd Street, south of P
Street NW., for no more than 1,000 persons.
(E) U.S. Reservation No. 46. North side of Pennsylvania Avenue, west
of Eighth Street and south of D Street, SE., for no more than 25 persons
and south of D Street SE., for no more than 25 persons.
(3) Permit applications. Permit applications may be obtained at the
Office of Public Affairs, National Capital Region, 1100 Ohio Drive SW.,
Washington, DC 20242. Applicants shall submit permit applications in
writing on a form provided by the National Park Service so as to be
received by the Regional Director at least 48 hours in advance of any
proposed demonstration or special event. This 48-hour period will be
waived by the Regional Director if the size and nature of the activity
will not reasonably require the commitment of park resources or
personnel in excess of that which are normally available or which can
reasonably be made available within the necessary time period. The
Regional Director shall accept permit applications only during the hours
of 8 a.m.-4 p.m., Monday through Friday, holidays excepted. All
demonstration applications, except those seeking waiver of the numerical
limitations applicable to Lafayette Park (paragraph
[[Page 145]]
(g)(5)(ii) of this section), are deemed granted, subject to all
limitations and restrictions applicable to said park area, unless denied
within 24 hours of receipt. However, where a permit has been granted, or
is deemed to have been granted pursuant to this subsection, the Regional
Director may revoke that permit pursuant to paragraph (g)(6) of this
section.
(i) White House area. No permit may be issued authorizing
demonstrations in the White House area, except for the White House
sidewalk, Lafayette Park and the Ellipse. No permit may be issued
authorizing special events, except for the Ellipse, and except for
annual commemorative wreath-laying ceremonies relating to the statutes
in Lafayette Park.
(ii) Other park areas. No permits may be issued authorizing
demonstrations or special events in the following other park areas:
(A) The Washington Monument, which means the area enclosed within
the inner circle that surrounds the Monument's base, except for the
official annual commemorative Washington birthday ceremony.
(B) The Lincoln Memorial, which means that portion of the park area
which is on the same level or above the base of the large marble columns
surrounding the structure, and the single series of marble stairs
immediately adjacent to and below that level, except for the official
annual commemorative Lincoln birthday ceremony.
(C) The Jefferson Memorial, which means the circular portion of the
Jefferson Memorial enclosed by the outermost series of columns, and all
portions on the same levels or above the base of these columns, except
for the official annual commemorative Jefferson birthday ceremony.
(D) The Vietnam Veterans Memorial, except for official annual
Memorial Day and Veterans Day commemorative ceremonies. Note: The
darkened portions of the diagrams at the conclusion of paragraph (g) of
this section show the areas where demonstrations or special events are
prohibited.
(4) Permit processing. (i) Permit applications for demonstrations
and special events are processed in order of receipt, and the use of a
particular area is allocated in order of receipt of fully executed
applications, subject to the limitations set forth in this section.
Provided, however, that the following national celebration events have
priority use of the particular park area during the indicated period.
(A) Christmas Pageant of Peace. In the oval portion of the Ellipse
only, during approximately the last three weeks in December.
(B) Cherry Blossom Festival. In the Japanese Lantern area adjacent
to the Tidal Basin and on the Ellipse and the Washington Monument
Grounds adjacent to Constitution Avenue, between 15th & 17th Streets
NW., for six days usually in late March or early April.
(C) Fourth of July Celebration. On the Washington Monument Grounds.
(D) Festival of American Folklife. In the area bound on the south by
Jefferson Drive NW.; on the north by Madison Drive NW.; on the east by
7th Street NW.; on the west by 14th Street NW., for a two-week period in
approximately late June and early July.
(E) Columbus Day Commemorative Wreath-Laying. At the Columbus statue
on the Union Plaza on Columbus Day.
(F) Inaugural ceremonies. The White House sidewalk and Lafayette
Park, exclusive of the northeast quadrant, for the exclusive use of the
Inaugural Committee on Inauguration Day.
(ii) Other demonstrations or special events are permitted in park
areas under permit to the National Celebration Events listed in this
paragraph to the extent that they do not significantly interfere with
the National Celebration Events. No activity containing structures is
permitted closer than 50 feet to another activity containing structures
without the mutual consent of the sponsors of those activities.
(iii) A permit may be denied in writing by the Regional Director
upon the following grounds:
(A) A fully executed prior application for the same time and place
has been received, and a permit has been or will be granted authorizing
activities which do not reasonably permit multiple occupancy of the
particular area; in that event, an alternate site, if available for the
activity, will be proposed by the Regional Director to the applicant.
[[Page 146]]
(B) It reasonably appears that the proposed demonstration or special
event will present a clear and present danger to the public safety, good
order, or health.
(C) The proposed demonstration or special event is of such a nature
or duration that it cannot reasonably be accommodated in the particular
area applied for; in that event, the Regional Director shall propose an
alternate site to the applicant, if available for the activity; in this
connection, the Regional Director shall reasonably take into account
possible damage to the park, including trees, shrubbery, other
plantings, park installations and statues.
(D) The application proposes activities contrary to any of the
provisions of this section or other applicable law or regulation.
(5) Permit limitations. Issuance of a permit is subject to the
following limitations:
(i) No more than 750 persons are permitted to conduct a
demonstration on the White House sidewalk at any one time.
(ii) No more than 3,000 persons are permitted to conduct a
demonstration in Lafayette Park at any one time.
(A) The Regional Director may waive the 3,000 person limitation for
Lafayette Park and/or the 750 person limitation for the White House
Sidewalk upon a showing by the applicant that good faith efforts will be
made to plan and marshal the demonstration in such a fashion so as to
render unlikely any substantial risk of unreasonable disruption or
violence.
(B) In making a waiver determination, the Regional Director shall
consider and the applicant shall furnish at least ten days in advance of
the proposed demonstration, the functions the marshals will perform, the
means by which they will be identified, and their method of
communication with each other and the crowd. This requirement will be
satisfied by completion and submission of the same form referred to in
paragraph (g)(3) of this section.
(iii) No permit will be issued for a demonstration on the White
House Sidewalk and in Lafayette Park at the same time except when the
organization, group, or other sponsor of such demonstration undertakes
in good faith all reasonable action, including the provision of
sufficient marshals, to insure good order and self-discipline in
conducting such demonstration and any necessary movement of persons, so
that the numerical limitations and waiver provisions described in
paragraphs (g)(5) (i) and (ii) of this section are observed.
(iv) No permit will be issued authorizing demonstrations or special
events in excess of the time periods set out below: Provided, however,
that the stated periods will be extended for demonstrations only, unless
another application requests use of the particular area and said
application precludes double occupancy:
(A) White House area, except the Ellipse: Seven days.
(B) The Ellipse and all other park areas: Three weeks.
(v) The Regional Director may restrict demonstrations and special
events weekdays (except holidays) between the hours of 7:00 to 9:30 a.m.
and 4:00 to 6:30 p.m. if it reasonably appears necessary to avoid
unreasonable interference with rush-hour traffic.
(vi) Special events are not permitted unless approved by the
Regional Director. In determining whether to approve a proposed special
event, the Regional Director shall consider and base the determination
upon the following criteria:
(A) Whether the objectives and purposes of the proposed special
event relate to and are within the basic mission and responsibilities of
the National Capital Region, National Park Service.
(B) Whether the park area requested is reasonably suited in terms of
accessibility, size, and nature of the proposed special event.
(C) Whether the proposed special event can be permitted within a
reasonable budgetary allocation of National Park Service funds
considering the event's public appeal, and the anticipated participation
of the general public therein.
(D) Whether the proposed event is duplicative of events previously
offered in National Capital Region or elsewhere in or about Washington,
DC.
(E) Whether the activities contemplated for the proposed special
[[Page 147]]
event are in conformity with all applicable laws and regulations.
(vii) In connection with permitted demonstrations or special events,
temporary structures may be erected for the purpose of symbolizing a
message or meeting logistical needs such as first aid facilities, lost
children areas or the provision of shelter for electrical and other
sensitive equipment or displays. Temporary structures may not be used
outside designated camping areas for living accommodation activities
such as sleeping, or making preparations to sleep (including the laying
down of bedding for the purpose of sleeping), or storing personal
belongings, or making any fire, or doing any digging or earth breaking
or carrying on cooking activities. The above-listed activities
constitute camping when it reasonably appears, in light of all the
circumstances, that the participants, in conducting these activities,
are in fact using the area as a living accommodation regardless of the
intent of the participants or the nature of any other activities in
which they may also be engaging. Temporary structures are permitted to
the extent described above, provided prior notice has been given to the
Regional Director, except that:
(A) Structures are not permitted on the White House sidewalk.
(B) All such temporary structures shall be erected in such a manner
so as not to harm park resources unreasonably and shall be removed as
soon as practicable after the conclusion of the permitted demonstration
or special event.
(C) The Regional Director may impose reasonable restrictions upon
the use of temporary structures in the interest of protecting the park
areas involved, traffic and public safety considerations, and other
legitimate park value concerns.
(D) Any structures utilized in a demonstration extending in duration
beyond the time limitations specified in paragraphs (g)(5)(iv) (A) and
(B) of this section shall be capable of being removed upon 24 hours
notice and the site restored, or, the structure shall be secured in such
a fashion so as not to interfere unreasonably with use of the park area
by other permittees authorized under this section.
(E) Individuals or groups of 25 persons or fewer demonstrating under
the small group permit exemption of paragraph (g)(2)(i) of this section
are not allowed to erect temporary structures other than small lecterns
or speakers' platforms. This provision does not restrict the use of
portable signs or banners.
(viii) No signs or placards shall be permitted on the White House
sidewalk except those made of cardboard, posterboard or cloth having
dimensions no greater than three feet in width, twenty feet in length,
and one-quarter inch in thickness. No supports shall be permitted for
signs or placards except those made of wood having cross-sectional
dimensions no greater than three-quarter of an inch by three-quarter of
an inch. Stationary signs or placards shall be no closer than three feet
from the White House sidewalk fence. All signs and placards shall be
attended at all times that they remain on the White House sidewalk.
Signs or placards shall be considered to be attended only when they are
in physical contact with a person. No signs or placards shall be tied,
fastened, or otherwise attached to or leaned against the White House
fence, lamp posts or other structures on the White House sidewalk. No
signs or placards shall be held, placed or set down on the center
portion of the White House sidewalk, comprising ten yards on either side
of the center point on the sidewalk; Provided, however, that individuals
may demonstrate while carrying signs on that portion of the sidewalk if
they continue to move along the sidewalk.
(ix) No parcel, container, package, bundle or other property shall
be placed or stored on the White House sidewalk or on the west sidewalk
of East Executive Avenue NW., between Pennsylvania Avenue NW., and E
Street NW., or on the north sidewalk of E Street NW., between East and
West Executive Avenues NW.; Provided, however, that such property,
except structures, may be momentarily placed or set down in the
immediate presence of the owner on those sidewalks.
(x) The following are prohibited in Lafayette Park:
[[Page 148]]
(A) The erection, placement or use of structures of any kind except
for the following:
(1) Structures that are being hand-carried are allowed.
(2) When one hundred (100) or more persons are participating in a
demonstration in the Park, a temporary speaker's platform as is
reasonably required to serve the demonstration participants is allowed
as long as such platform is being erected, dismantled or used, provided
that only one speaker's platform is allowed per demonstrating group, and
provided further that such speaker's platform is authorized by a permit
issued pursuant to paragraph (g) of this section.
(3) When less than one hundred (100) persons are participating in a
demonstration in the Park, a temporary ``soapbox'' speaker's platform is
allowed as long as such platform is being erected, dismantled or used,
providing that only one speaker's platform is allowed per demonstrating
group, and provided further that the speaker's platform is no larger
than three (3) feet in length, three (3) feet in width, and three (3)
feet in height, and provided further that such speaker's platform is
authorized by a permit issued pursuant to paragraph (g) of this section.
(4) For the purpose of this section, the term ``structure'' includes
props and displays, such as coffins, crates, crosses, theaters, cages,
and statues; furniture and furnishings, such as desks, chairs, tables,
bookcases, cabinets, platforms, podiums and lecterns; shelters, such as
tents, boxes and other enclosures; wagons and carts; and all other
similar types of property which might tend to harm park resources
including aesthetic interests. Provided however that the term
``structure'' does not include signs; bicycles, baby carriages and baby
strollers lawfully in the Park that are temporarily placed in, or are
being moved across, the Park, and that are attended at all times while
in the Park (the term ``attended' is defined as an individual being
within three (3) feet of his or her bicycle, baby carriage or baby
stroller); and wheelchairs and other devices for the handicapped in use
by handicapped persons.
(B) The use of signs except for the following:
(1) Hand-carried signs are allowed regardless of size.
(2) Signs that are not being hand-carried and that are no larger
than four (4) feet in length, four (4) feet in width and one-quarter
(\1/4\) inch in thickness (exclusive of braces that are reasonably
required to meet support and safety requirements and that are not used
so as to form an enclosure of two (2) or more sides) may be used in
Lafayette Park, provided that no individual may have more than two (2)
such signs in the Park at any one time, and provided further that such
signs must be attended at all times (the term ``attended' is defined as
an individual being within three (3) feet of his or her sign(s)), and
provided further that such signs may not be elevated in a manner so as
to exceed a height of six (6) feet above the ground at their highest
point, may not be arranged or combined in a manner so as to exceed the
size limitations set forth in this paragraph, and may not be arranged in
such a fashion as to form an enclosure of two (2) or more sides. For
example, under this provision, two four-feet by four-feet signs may not
be combined so as to create a sign eight feet long and four feet wide,
and three such signs may not be arranged to create a sign four feet long
and twelve feet wide, and two or more signs of any size may not be
leaned or otherwise placed together so as to form an enclosure of two or
more sides, etc.
(xi) Stages and sound amplification may not be placed closer than
one hundred (100) feet from the boundaries of the Vietnam Veterans
Memorial and sound systems shall be directed away from the memorial at
all times.
(xii) Sound amplification equipment is allowed in connection with
permitted demonstrations or special events, provided prior notice has
been given to the Regional Director, except that:
(A) Sound amplification equipment may not be used on the White House
sidewalk, other than hand-portable sound amplification equipment which
the Regional Director determines is necessary for crowd-control
purposes.
[[Page 149]]
(B) The Regional Director reserves the right to limit the sound
amplification equipment so that it will not unreasonably disturb
nonparticipating persons in, or in the vicinity of, the area.
(xiii) A permit may contain additional reasonable conditions and
additional time limitations, consistent with this section, in the
interest of protecting park resources, the use of nearby areas by other
persons, and other legitimate park value concerns.
(xiv) A permit issued under this section does not authorize
activities outside of areas under administration by the National Capital
Region. Applicants may also be required to obtain a permit from the
District of Columbia or other appropriate governmental entity for
demonstrations or special events sought to be conducted either wholly or
in part in other than park areas.
(6) Permit revocation. A permit issued for a demonstration is
revocable only upon a ground for which an application therefor would be
subject to denial under paragraphs (g) (4) or (5) of this section. Any
such revocation, prior to the conduct of the demonstration, shall be in
writing and shall be approved by the Regional Director. During the
conduct of a demonstration, a permit may be revoked by the ranking U.S.
Park Police supervisory official in charge if continuation of the event
presents a clear and present danger to the public safety, good order or
health or for any violation of applicable law or regulation. A permit
issued for a special event is revocable, at any time, in the reasonable
discretion of the Regional Director.
(7) Further information on administering these regulations can be
found in policy statements published at 47 FR 24299, June 4, 1982, and
at 47 FR 24302, June 4, 1982. Copies of the policy statements may be
obtained from the Regional Director.
[[Page 150]]
[GRAPHIC] [TIFF OMITTED] TC26OC91.003
[[Page 151]]
[GRAPHIC] [TIFF OMITTED] TC26OC91.004
(h) Soliciting. Soliciting or demanding gifts, money, goods or
services is prohibited.
(i) Camping. (1) Camping is defined as the use of park land for
living accommodation purposes such as sleeping activities, or making
preparations to sleep (including the laying down of bedding for the
purpose of sleeping), or storing personal belongings, or making
[[Page 152]]
any fire, or using any tents or shelter or other structure or vehicle
for sleeping or doing any digging or earth breaking or carrying on
cooking activities. The above-listed activities constitute camping when
it reasonably appears, in light of all the circumstances, that the
participants, in conducting these activities, are in fact using the area
as a living accommodation regardless of the intent of the participants
or the nature of any other activities in which they may also be
engaging. Camping is permitted only in areas designated by the
Superintendent, who may establish limitations of time allowed for
camping in any public campground. Upon the posting of such limitations
in the campground, no person shall camp for a period longer than that
specified for the particular campground.
(2) Further information on administering these regulations can be
found in policy statements published at 47 FR 24302 (June 4, 1982).
Copies of the policy statements may be obtained from the Regional
Director.
(j)(1) In Lafayette Park the storage of construction material,
tools, lumber, paint, tarps, bedding, luggage, pillows, sleeping bags,
food, clothing, literature, papers and all other similar property is
prohibited.
(2) Notwithstanding (j)(1) of this section, a person in Lafayette
Park may have literature, papers, food, clothing, blankets and a
reasonable cover to protect such property, occupying up to three (3)
cubic feet of space, so long as such property is attended at all times
while in the Park (the term ``attended'' is defined as a person being
within three (3) feet of his or her property).
(k) Sales. (1) No sales shall be made nor admission fee charged and
no article may be exposed for sale without a permit except as noted in
the following paragraphs.
(2) No merchandise may be sold during the conduct of special events
or demonstrations except for books, newspapers, leaflets, pamphlets,
buttons and bumper stickers. A permit is required for the sale or
distribution of permitted merchandise when done with the aid of a stand
or structure. Such stand or structure may consist of one table per site,
which may be no larger than 2\1/2\ feet by 8 feet or 4 feet by 4 feet.
The dimensions of a sales site may not exceed 6 feet wide by 15 feet
long by 6 feet high. With or without a permit, such sale or distribution
is prohibited in the following areas:
(i) Lincoln Memorial area which is on the same level or above the
base of the large marble columns surrounding the structure, and the
single series of marble stairs immediately adjacent to and below that
level.
(ii) Jefferson Memorial area enclosed by the outermost series of
columns, and all portions on the same levels or above the base of these
columns.
(iii) Washington Monument area enclosed within the inner circle that
surrounds the Monument's base.
(iv) The interior of all park buildings, including, but not limited
to, those portions of Ford's Theatre administered by the National Park
Service.
(v) The White House Park area bounded on the north by H Street, NW;
on the south by Constitution Avenue, NW; on the west by 17th Street, NW;
and on the east by 15th Street, NW; except for Lafayette Park, the White
House sidewalk (the south Pennsylvania Avenue, NW sidewalk between East
and West Executive Avenues) and the Ellipse; Provided, however, that the
free distribution of literature conducted without the aid of stands or
structures, is permitted on East Executive Avenue.
(vi) Vietnam Veterans Memorial area extending to and bounded by the
south curb of Constitution Avenue on the north, the east curb of Henry
Bacon Drive on the west, the north side of the north Reflecting Pool
walkway on the south and a line drawn perpendicular to Constitution
Avenue two hundred (200) feet from the east tip of the memorial wall on
the east (this is also a line extended from the east side of the western
concrete border of the steps to the west of the center steps to the
Federal Reserve Building extending to the Reflecting Pool walkway);
Provided, however, that the free distribution of literature conducted
without the aid of stands or structures, is permitted on the
Constitution Avenue and Henry Bacon Drive sidewalks adjacent to the
Vietnam Veterans Memorial.
[[Page 153]]
(3) Persons engaged in the sale or distribution of printed matter
under this section shall not obstruct or impede pedestrians or vehicles,
harass park visitors with physical contact, misrepresent the purposes or
affiliations of those engaged in the sale or distribution, or
misrepresent whether the printed matter is available without cost or
donation.
(l) Rock Creek Park. (1) Notwithstanding the provisions of 36 CFR
5.1, the Superintendent of Rock Creek Park may permit the recognition of
and the advertising by the primary sponsor or sponsors of not more than
two professional tennis tournaments per year at the Rock Creek Tennis
Center.
(2) All activities conducted under this paragraph shall be
appropriate to park values and consistent with the protection of park
resources and shall comply with criteria specified in a written permit.
(3) Any permit issued under this paragraph shall be valid only for
those periods of time during which a professional tennis tournament is
being held, and shall limit all advertising and recognition to the
confines of the tennis stadium structure and the contiguous paved plaza,
not to include any of the fields or paved parking lots except within the
interior of permitted tents on Parking Lot A. These areas shall be
marked on a map available in the Superintendent's office.
(4) No advertising or recognition activities may take place without
a written permit as specified in this paragraph. Any person who violates
a provision of this paragraph is subject to the penalty provisions of 36
CFR 1.3 and revocation of the permit if a permit exists.
(m) Information collection. The information collection requirements
contained in this section have been approved by the Office of Management
and Budget under 44 U.S.C. 3507 and assigned clearance number 1024-0021.
The information is being collected to provide notification to park
managers, United States Park Police, Metropolitan Police, and the Secret
Service of the plans of organizers of large-scale demonstrations and
special events in order to assist in the provision of security and
logistical support. This information will be used to further those
purposes. The obligation is required to obtain a benefit.
[51 FR 37011, Oct. 17, 1986, as amended at 57 FR 4576, Feb. 6, 1992; 57
FR 29797, July 7, 1992; 60 FR 17649, Apr. 7, 1995; 60 FR 33351, June 28,
1995; 60 FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, 1997; 62 FR 32203,
June 13, 1997]
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