36 CFR § 1.5(f)-Violating a closure, designation, use or activity restriction or condition, schedule of visiting hours, or public use is prohibited.
1. During emergency conditions, the park or affected park areas may be closed temporarily by the Superintendent or his or her designee without prior public notice. This includes any closure required for emergency or other park operations that could impact visitor safety.
Justification: Visitor safety is paramount. The park will take precautionary steps to provide for a safe visitor experience and to prevent foreseeable accidents and/or injuries. Closures of this nature, although temporary, may last for an extended period of time. Any permanent closures will go through the required public notice process.
2. Visitor Hours: The Visitor Center (1828 Lowcountry Cottage) is open Seasonally (June through September) Friday through Sunday and grounds are open Wednesdays through Sundays from 9:00 AM to 5:00 PM. The Visitor Center and grounds are closed on Thanksgiving, Christmas, and New Year’s Days.
Justification: The Park area contains no public overnight accommodations nor does it contain any facilities which are normally used at night. Currently, no legitimate public activity would be prevented by closing the park at night. Closing at night would also help eliminate criminal activity. Additionally, the legislated purpose of the park would not normally be served by night use. The Visitor Center’s hours of operation are based upon and consistent with available personnel and visitor use trends and needs.
3. Administrative and maintenance areas are closed to the public.
4. Recreational activities such as kite flying, ball playing, sunbathing, rocket flying, Frisbee, golfing, use of golf carts off of designated roadways, and similar activities are prohibited in all areas of Charles Pinckney NHS.
Justification: Those recreational uses not permitted conflict with the legislated purpose of the park, detract from the historic scene, and contribute to the destruction of historic fabric of a park. The entire park is considered a historic area and is of primary importance in preserving the site’s historic significance.
5. Launching, landing, or operation a manned or unmanned aircraft from or on lands or waters administered by the National Park Service within the boundaries of Charles Pinckney NHS is prohibited except as approved in writing by the Superintendent. Definition: the term “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 element and components that are required for 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.
Justification: This closure is necessary to maintain public safety, protect the park’s wildlife, and to preserve the cultural resources of the park. Due to the significant historical events which took place on the battlefield, any less restrictive measures would interfere with visitor’s opportunity to understand the significance of the park and would be inconsistent with the purpose for which the park was established and is being managed.
6. Picnicking is authorized in the picnic shelter or at the picnic tables adjacent to the parking lot. Fire pits and grills are not allowed.
Justification: Due to this historic nature of these areas and in accordance with NPS Management Policies, it has been determined that picnicking activities in any other locations than designated areas would be inconsistent with the purpose for which these areas were established and are to be managed. Use of fire pits and grills presents and unnecessary fire risk to natural and cultural resources.
7. Food and beverages are prohibited in all public areas of the Visitor Center.
Justification: The site’s historic 1828 coastal cottage services as the park’s visitor center and museum. It has been determined that damage from spilled food or beverages pose an unacceptable risk to the historic fabric of the structure, the historic artifacts on display, and visitor satisfaction with the facility.
8. Alcoholic beverages are prohibited from public consumption, display, or possession, including beer and wine, except where specifically authorized by the National Park Service. This regulation does not apply to NPS housing quarter areas.
Justification: Alcohol use at the Charles Pinckney NHS is inconsistent with the purpose for which the area was established. This restriction is consistent with that of South Carolina State Parks.
9. Camping and overnight sleeping is prohibited in all areas, except in conjunction with an organized and approved activity, living history presentation, or an approved service group completing a park related project.
Justification: Charles Pinckney NHS does not contain any facilities appropriate to recreational camping. Exceptions may be made for park sponsored organized living history presentations related to various periods of significance to the sites if they do not negatively affect the park resources.
10. Hammocks are prohibited in all areas of the park.
Justification: Hammock use prohibition is necessary to prevent resource damage, facility damage, and to prevent use that creates unsafe conditions for visitors and the resource.
11. Idling is prohibited in parking lots of developed areas.
Justification: The noise and fumes caused by these engines severely impacts the natural and historic experiences south by many visitors.
12. Geocaching and similar recreational activities (e.g., letterboxing) are not authorized in the Park.
Justification: Geocaching and similar recreational activities (e.g., letterboxing) are treasure hunt games that involve hiding a container and then navigating to that container using a GPS device. The container is typically filled with trinkets or other small items of value that the treasure hunter swaps out for a trinket of his/her own. Geocaching is in violation of the abandoned property regulations found in 36 CFR §2.22. Additionally, geocaches are typically hidden and activities such as digging or camouflaging with natural material are often associated with this recreational activity.
1. The following is a compilation of those activities for which a permit from the superintendent is required:
A. Collection of Specimens/Scientific Research 2.5(a)
B. Special Events 2.50(a)
C. Public Assemblies 2.51(a)
D. Sale or distribution of printed material 2.52(c)
E. Display of commercial notices or advertisements 5.1
F. Memorialization 2.62(b)
G. Business Operations 5.3
H. Commercial filming, still photography, and audio recording 5.5
I. Any construction on Federal property 5.7
J. Camping Permit (Front and Backcountry) 2.10(a)
§5.5 Commercial filming, still photography, and audio recording: (a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit.
Still photography does not require a permit unless:
- It uses a model, set, or prop.
- It takes place where members of the public are not allowed
- The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts.
(b) Audio recording does not require a permit unless:
- It takes place at locations where or when members of the public are generally not allowed.
- The equipment requires mechanical transport.
- It requires an external power source.
- The activity requires monitoring.
- The activity impacts resources.
Justification: An application for a permit should be submitted to the Superintendent or his/her designee during normal business hours and within a time frame that is sufficient for an informed decision to be made. Permits that are not submitted within a sufficient time frame will be denied. Certain activities require permits issued by the Superintendent to ensure such actives are conducted in a compliance with applicable regulations.Permits will be considered for authorization when the activity is determined is determined to be appropriate for the purpose for which the park was established and can be sustained without the causing unacceptable impacts. Permits are required when the agency would incur cost for providing on-site management and foresight to protect agency resources or minimize visitor use conflict.
1. The Superintendent may designate certain fruits, berries, nuts or unoccupied seashells that may be collected…AND the Superintendent may limit the size and the quantity of the natural product to be collected; the location where the natural product may be gathered; and restrict the possession or consumption of the natural products to the park areas.
The following fruits, nuts or berries may be gathered by hand for personal use or consumption, in accordance with the noted size and quantity resurrections. Possession and consumption of the collected fruits, nuts and berries shall be restricted to the park area. (Ref. 36 CFR §2.1(c)(1))
- Sand berries 1 pint per person per day
- Pecans 1 pint per person per day
Justification: While the collection of certain berries, nuts and fruits is allowed, the Superintendent has imposed limitations on the size and quantity of these natural products in order to balance the visitor experience against the natural ecosystem.
1. Hunting and trapping are prohibited in Charles Pinckney National Historic Site.
Justification: Based on the enabling legislation for Charles Pinckney NHS, hunting is not mandated by Federal statutory law, nor is it authorized as discretionary activity.
2. All of Charles Pinckney NHS is closed to the viewing of wildlife with an artificial light. Park sponsored programming is exempt from this regulation.
Justification: The use of artificial light to view wildlife disturbs the animals in their natural habitat and may be indicative of illegal hunting activities know as “spotlighting”. This regulation does not pertain to using a light at night for navigational purposes. This regulation pertains specifically to shining the light on or at wildlife.
Note: South Carolina State Law (section 16-23-20) allows for a person who is granted a permit (concealed carry permit) under provision of law by the State Law Enforcement Division to carry a handgun about their person, under conditions set forth in the permit; allows for a firearm to be carried in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; and allows licensed hinters of fishermen who are engaged in hunting or fishing or going to or from their place of hunting or fishing while in a vehicle or on foot. Since hunting is prohibited in the park, the hunting section of the regulation shall not apply.
According to South Carolina State Law (Section 23-31-210) a “Concealable weapon” is a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of other, and the protection of real or personal property.
According to 18 U.S.C. § 930 the possession of firearms and dangerous weapons in Federal facilities is prohibited and shall be posted conspicuously at each public entrance. Therefore, all firearms and dangerous weapons are prohibited from all buildings within Charles Pinckney National Historic Site. Note that a dangerous weapon is a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length. Historic weapons used for park demonstration purposes may be brought into park buildings only after an approved special use permit by the superintendent.
The following structures and/or areas are closed to the possession of pets:
- Inside Charles Pinckney NHS buildings
This regulation does not apply to service animals, as defined by the Americas with Disabilities Act.
NOTE: "Pet" means dogs, cats, or any animal that has been domesticated. [36 CFR§l.4]
Justification: This use restriction of possessing a pet in structures is necessary for the protection of cultural resources, the maintenance of public safety, the minimization of visitor conflicts, and the implantation of management responsibilities.
1. The Superintendent has not designated any areas for the use of roller skates or similar devices. Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices (inline skates) are prohibited in all areas of the park.
Justification: The use of these devices creates a safety hazard for both vehicle traffic as well as pedestrians. They would also detract from the historical integrity of the park. Therefore there are no designated skating areas.
1. Smoking at Charles Pinckney NHS is prohibited.
- Smoking is prohibited in all park areas.
- Smoking is prohibited in all government owned or leased vehicles and vessels, to include heavy equipment.
Smoking by definition means the carrying of lighted cigarettes, cigars or pipes or the intentional and direct inhalation of smoke from these objects. This definition is expanded to include electronic cigarettes and similar devices.
Justification: On June 29, 2009, NPS Director’s Order #50D, Smoking Policy, was updated to bring NPS national policy in compliance with Executive Order 13058. The Park regulations have been updated to reflect the new policy. Electronic cigarettes and similar devices are newer technology that is not specifically addressed by Executive Order 13058 or Director’s Order #50D. Until such time that service-wide policy addresses this technology, electronic cigarettes and similar devices will be included as a part of the smoking regulations.
1. Permits and the small group permit exemption. Permits associated with First Amendment activities are necessitated by group size. A small group is defined as 25 people or less and is not required to obtain a permit as long as they are located within the park designated areas. The small group is further restricted to only leaflets, booklets and hand-held signs.
A large group is defined as more than 25 people and is required to obtain a First Amendment Permit even if they are utilizing a park designated First Amendment location. There are no fees associated with First Amendment right permits. No public assembly permits shall be issued for a period in excess of seven days. Please refer to the attached maps at the end of this document for areas open to First Amendment activities. Any area not designated for these activities would require a permit regardless of size.
Justification: Freedom of speech, press, religion and assembly are constitutional rights. However, the courts have recognized that activities associated with the exercise of these rights may be reasonably regulated to protect legitimate government interests such as park resources. Therefore, in order to protect these resources, the NPS may regulate certain aspects of First Amendment activities, such as the time, the place and the manner in which they are conducted. It is the conduct associated with the exercise of these rights that is regulated and not the content of the message.
1. The scattering of human ashes from cremation will be permitted pursuant to a permit issued by the park and pursuant to the following conditions:
- The chosen site must be no less than 200 feet from any buildings or historic building, structure or cemetery sites.
- The chosen site must be no less than 100 feet away from any other structures and developed areas, e.g. visitor centers, roads, trails, campgrounds and picnic areas.
- The chosen site must be no less than 150 feet from a stream or other watercourse.
- The ashes must be scattered and not deposited in any type of container. Cremains may not be buried even without a container.
- No marker or memorial of any sort may be placed or left at the site. The placement or planting of real or artificial flowers, memorial trees, brass markers, wooden crosses, etc. is prohibited.
- A copy of the permit must accompany the person performing the scattering.
- Cremation must be accomplished in accordance with state law.
Justification: The disposal of human remains and the associated containers are governed by State law due to legal, health and safety considerations and must be managed accordingly.
1. The superintendent has established speed limits within the park that differ from those established in 36 CFR §4.21. The speed limits are clearly posted and have been established with park safety and purpose in mind. The maximum speed limit is five (5) miles per hour on all park roads and parking areas.
Justification:The park roads as they currently exist do not support speed limits up to the 45 mph designation.
1. The Superintendent has designated that all roads and parking lots open to the general public for vehicle use are open to the general public for bicycle use. Bicycle use is prohibited on park trails as well as riding cross country without trail. Bicycle use is also prohibited on park administrative roads, unless signed otherwise.
- Bicycle racks are located at the side of the Charles Pinckney NHS Restroom building. Visitors also have the option of walking their bike around the park trails if they choose to do so. Unattended bikes should be parked and/ or locked at the bicycle racks. Bikes left unattended in other locations will be removed by park staff.
Justification: Bicycle use is prohibited because park areas are crowded with foot traffic and an assessment has not been completed to determine the effects and impacts on park resources. There is a concern to protect visitors and the cultural and natural resources within the park.
2. E-Bikes
- 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-horsepower).
- E-bikes are allowed at Charles Pinckney NHS 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.
- 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).
- Except as specified in this Compendium, the use of an e-bike within Charles Pinckney NHS is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.
3. Comply with the requirements in 36 CFR 1.5, including the requirement to provide adequate public notice in accordance with 36 CFR 1.7.4.
4. Comply with all applicable laws implicated by the compendium action, including the National Environmental Policy Act of 1969 (NEPA). The compendium action will ordinarily fall within the categorical exclusion specified in section 3.3.D.3 of the National Park Service NEPA Handbook for which documentation is required.
|
