Superintendent's Compendium

Acting Superintendent's, Karen Dorn, digital signature

NPS Photo

 

A. INTRODUCTION

1. Superintendent’s Compendium Described

The Superintendent’s Compendium is the summary of park specific rules implemented under 36Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed forpublic use, provides a list of activities requiring either a special use permit or reservation, andelaborates on public use and resource protection regulations pertaining specifically to theadministration of the park. The Superintendent’s Compendium does not repeat regulations foundin 36 CFR and other United States Code and CFR Titles, which are enforced without furtherelaboration at the park level.

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the NationalPark Service (NPS) to preserve and protect the natural and cultural resources of the park and toprotect visitors and property within the park. Parts 1 through 6 are general regulations applicableto all areas of the National Park system, and Part 7 contains special regulations specific toindividual parks. Each of these Parts has many sections and subsections articulating specificprovisions. Within some of these Part 1-7 sections and subsections, the Superintendent isgranted discretionary authority to develop local rules to be responsive to the needs of a specificpark resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendentcertain discretion in allowing or disallowing certain activities. The authority granted by theSection, however, requires the Superintendent to comply with the Administrative Procedures Act(6 USC Section 551), which requires public notice on actions with major impact on visitor usepatterns, park resources or those that are highly controversial in nature.

Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit forcertain uses and activities in the park. This Section, however, requires that a list of activitiesneeding a permit (and a fee schedule for the various types of permits) be maintained by the park.

A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and ArcheologicalResources, which provides the Superintendent the authority to designate certain fruits, nuts,berries, or unoccupied seashells which may be gathered by hand for personal use orconsumption. This activity can occur, however, only if a written determination shows that theallowed activity does not adversely affect park wildlife, the reproductive potential of a plantspecies, or otherwise adversely affect park resources.

This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fullyunderstand the regulations governing the use and enjoyment of all the areas of the national Park System.

A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
www.gpo.gov

OR

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at: www.ecfr.gov.

2. Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.

In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”

In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.

3. Consistency of This Compendium with Applicable Federal Law and Requirements

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state, or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.

The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.

4. Development of the Requirements of the Superintendent’s Compendium

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:

• Is the use or activity consistent with the NPS Organic Act and NPS policy?
• Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
• Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
• Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
• Will the use or activity conflict with or be incompatible with traditional park uses and activities?
• Will the use or activity compromise employee or public safety?

5. Applicability of the Compendium

The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

6. Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.

7. Penalties for Not Adhering to the Compendium Requirements

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.

Written comments on the Compendium may be submitted to:
Superintendent
Perry’s Victory and International Peace Memorial 93 Delaware Avenue, P.O. Box 549
Put-in-Bay, Ohio 43456

9. Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.

10. Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.

11. Availability

Copies of the Compendium are available at the park administrative office located at 125 Delaware Avenue, Put-in-Bay, Ohio 43456. It may also be found at https://www.nps.gov/pevi/learn/management/lawsandpolicies.htm.

12. CCTV Policy Statement

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Perry’s Victory and International Peace Memorial may use Closed Circuit Television (CCTV) security camera monitoring.

The park's use of Closed-Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use - which will have adequate privacy and First Amendment safeguards - will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio-Visual Recording Device (AVRD) in patrol vehicles or officer- worn recording devices used by commissioned rangers. (RM-9, 26.1)

Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

 

B. PERRY’S VICTORY AND INTERNATIONAL PEACE MEMORIAL SUPERINTENDENT’S COMPENDIUM

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Perry’s Victory and International Peace Memorial. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.
 

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

(a)(1) The following visiting hours andDetermining F

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:

• The Visitor Center and Memorial will be open during the following times, outlined in a separate Superintendent’s closure, or posted otherwise:

o Daily 10am – 6pm, May 18 (or the 3rd Saturday in May each year) through September 8 (or the 2nd Sunday in September each year).

o Daily 10am – 5pm, September 9 through September 30.

o Friday through Monday 10am- 5pm, October 1 through October 14 (or the 3rd Monday in October each year).

• State Route 357, Delaware Avenue, Toledo Avenue, and park walkways are open 24 hours a day to allow vehicle and pedestrian traffic access to dwellings on either side of the park.

• Curatorial storage and park archives stored in the Maintenance Building are available to researchers through appointment only and must be accompanied by a responsible park employee.

• The Administration Building is open to the public from 8:30am – 4pm, Monday through Friday except for Federal holidays when accompanied by a park employee or when entry is authorized by the Superintendent.

Determining factors: These closure periods and limited access to Curatorial storage and the Administration Building must be provided and accompanied by a responsible park employee to prevent damage, loss, or damage to park resources, and to protect public safety.

Public Use Limits:

• N/A

Closures:
National Park Service Structures Closed to Public Use:

• All unoccupied National Park Service owned structures, except for authorized individual(s) and/or activities.

• The Administration Building is closed to the public outside of regular visitor hours (8:30am – 4pm, Monday through Friday except for Federal holidays when accompanied by a park employee or when entry is authorized by the Superintendent).

Determining Factors: The Administration building is closed to protect sensitive material, the park’s library, and equipment. Unoccupied structures closed for the prevention of vandalism and the prevention of injury to persons entering vacant structures.

• No public access is allowed either in the Visitor Center or the Memorial once closed for the season without the permission of the Superintendent or as authorized through a special use permit.

Determining Factors: The Visitor Center and Memorial are closed to protect sensitive cultural resources, artifacts on display, sales inventory of the park’s cooperating association, and equipment.

• No public access is allowed either in the Visitor Center or the Memorial outside of regular visiting hours without the permission of the Superintendent or as authorized under a special use permit.

Determining Factors: The Visitor Center and Memorial are closed to protect sensitive cultural resources, artifacts on display, sales inventory of the park’s cooperating association, and equipment.

• Parking in the lot associated with the Visitor Center is closed daily beginning at midnight until 6am. No overnight parking is permitted.

Determining Factors: The Visitor Center parking lot is closed outside of regular operating hours to protect park property and minimize after-hours illegal activity.

• Parking along Bayview (Route 357) in front of the Memorial is closed daily beginning at midnight until 6am. No overnight parking is permitted.

Determining Factors: The parking area in front of the Memorial is closed outside of regular operating hours to protect park property and minimize after-hours illegal activity.

• The following areas are closed to public entry, except when accompanied by a park employee or when entry is authorized by the Superintendent or a designated representative:

o Ranger Operations Center

o Ranger Operations Center/Dorm parking area (marked Reserved)
o Maintenance building
o Maintenance parking area

Determining Factors: These closures protect areas that are highly sensitive to damage, vandalism, and theft, as well as protect the safety of park employees, and are the minimum restrictions necessary to achieve such protection. The Ranger Operations Center and Maintenance building and their associated parking areas are closed to protect sensitive material and equipment and to secure park vehicles and equipment from theft or vandalism.

• The following areas are closed to uninvited public entry, except when accompanied by a park employee, occupant of the housing area, or when entry is authorized by the Superintendent or a designated representative:

o Park Avenue
o Housing area and curtilage, including the former Superintendent’s House (Dorm)
o Housing parking areas

Determining Factors: These closures protect areas that are highly sensitive to damage, as well as, protecting the safety of park employees, and are the minimum restrictions necessary to achieve such protection. The housing park area is closed to public entry to secure employee and park owned vehicles and equipment from theft or vandalism. Park Avenue, the housing area, and the housing parking areas are closed to provide privacy to park residents.

• Areas in need of repair or where repair, construction, or maintenance activities are scheduled or being conducted are closed to the public. The area may be fenced, cordoned off with yellow caution tape, or safety cones.

Determining Factors: These closures are necessary for employee and of public safety and are the minimum restrictions necessary to achieve such protection.

• Picnicking is prohibited on the plaza areas of the Memorial.

Determining Factors: Picnicking in this area is considered an incompatible use due to the proximity to the tomb of six American and British officers killed in the Battle of Lake Erie. This is the minimum restriction necessary to maintain a solemn and respectful atmosphere for the fallen officers.

• Picnicking by the public is prohibited in private housing areas including patios and lawn areas associated with government housing units.

Determining Factors: The housing areas are closed to public entry and use to secure employee and park owned vehicles and equipment from theft or vandalism. Park Avenue, the housing area including the Dorm, and the housing parking areas are closed to provide privacy to park residents.

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
 

• Recreational activities such as kite flying, throwing flying disks, picnicking, sunbathing, yoga, snowshoeing, cross-country skiing, incidental sports games, etc., are only permitted on the park lawns and not on the plaza areas of the memorial.

Determining Factors: Restrictions are necessary due to the incompatibility of these activities with the congressional legislation created to maintain the memorial “…perpetually memorializing the victory of Commodore Oliver Hazard Perry in the Battle of Lake Erie, and General William. Henry Harrison’s Northwestern Campaign in the War of 1812, and commemorating the century of peace which has ensued between Great Britain and the United States since the termination of that conflict by the signing of the Treaty of Ghent…”

• Parking in the visitor center and memorial parking lots is allowed for a maximum of three hours.

Determining Factors: Parking spaces at the memorial are extremely limited. To ensure the availability of parking spaces for the public, a parking time limit is established with the minimum restriction necessary to be effective.

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

Remote Control Devices:

• All areas are closed to remote control airplanes, helicopters, and other similar objects.

Determining Factors: Due to the possible risk of injury to other visitors, noise concerns, and the disruption of the scenic landscape and view.

Segways:

• Segways and similar devices are permitted in all paved areas of the park except the Monument column and stairways, and the top deck of the seawalls, provided that they do not travel faster than a walking pace.

Determining Factors: Access to the Memorial column is not possible by visitors utilizing Segways or similar devices. Visitors wishing to access the Memorial column must use the stairs which preclude the use of a Segway or similar device. Traveling on top of the park’s seawalls in inherently dangerous. These restrictions are necessary for the maintenance of public safety and are the minimum restrictions necessary to achieve such protection.

Unmanned Aircraft:

• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Perry’s Victory and International Peace Memorial is prohibited except as approved in writing by the Superintendent.

Definition: Unmanned Aircraft (UA) - 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 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, and drones) that are used for any purpose, including for recreation or commerce.

Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Perry’s Victory and International Peace Memorial will conflict with, or impact, a variety of park uses including visitor experience, viewshed, the scenic landscape, and the enjoyment of the view from the observation deck.

Model Rockets:

• All areas of the park are closed to the launching of model rockets.

Determining Factors: The launching of model rockets is prohibited in the park due to potential hazards to visitors and incompatibility with other established park uses.

E-bikes:

• Class 1, 2, and 3 Electric Bicycles (E-bikes) are permitted in all paved areas of the park except the Monument column and stairways, upper and lower plazas of the Monument, and the top deck of the seawalls.

Determining Factors: Access to the Memorial column is not possible by visitors utilizing E-bikes or similar devices. Visitors wishing to access the Memorial column must use the stairs which preclude the use of an E-bikes or similar device. Traveling on top of the park’s seawalls in inherently dangerous. These restrictions are necessary for the maintenance of public safety and are the minimum restrictions necessary to achieve such protection.

Memorial Observation Deck:

• Any item that may become loose and fall from the observation deck of the Monument is prohibited. The following items are specifically prohibited:

o Chewing gum
o Food and beverages of any kind
o Tobacco products
o Umbrellas
o Packages
o Backpacks
o Loose articles of clothing
o Selfie sticks
o Tripods
o Sporting equipment such as balls and frisbees

Determining Factors: These conditions are established to protect visitors and staff and are the minimum restrictions necessary to achieve such protection. The observation deck is located 300’ above the upper plaza area, is open, and overhangs the plaza area. Any item dropped from the deck could potentially cause serious injury to people and damage to the plaza.

• All visitors must remain with their feet on the floor of the observation deck, except infants and children, when they are carried by an adult no higher than the adult’s shoulders. Under no circumstances will visitors or staff sit, stand, lay, walk, or place items on the ledge of the observation deck.

Determining Factors: These conditions are established to protect visitors and staff and are the minimum restrictions necessary to achieve such protection. The observation deck is located 300’ above the upper plaza area, is open, and overhangs the plaza area. Anyone extending themselves without both feet on the deck is in greater danger of falling and any item placed on the ledge could fall and cause serious injury or damage to facilities.

Seawall ladders:

• The seawall ladders are for emergency use only. Swimming, diving and/or wading in the waters adjacent to the seawall is prohibit except in the area of the Village Swim Beach. Tethering or tying off of any property to the seawall ladders, to include a boat or dingy is prohibited.

Determining Factors: These conditions are established to protect visitors and staff and are the minimum restrictions necessary. The water near the seawall is shallow and any attempt to dive from the seawall would be extremely hazardous. Wading in the water adjacent to the seawall would be hazardous due to the limited places available to exit the water. Tethering or tying off equipment or property could create a safety hazard by blocking access in an emergency.

Seawall top surface:

• Wheeled vehicles and conveyances (i.e., bicycles, skateboards, rollerblades, scooters, etc.) of any type are prohibited from the top deck of the seawalls.

Determining Factors: These conditions are established to protect visitors and staff and are the minimum restrictions necessary. The operation of any wheeled conveyance on the top deck of the seawall is extremely hazardous. Open ladder access points of the seawall creates a narrow surface increasing the likelihood of the operator falling into the lake.

Upper, lower plaza, and grand staircase of the Monument:

• Wheeled vehicles and conveyances (i.e., bicycles, skateboards, rollerblades, scooters, etc.) of any type are prohibited from the top deck of the seawalls except for those used as mobility aids (i.e., strollers, walkers, wheelchairs).

Determining Factors: These conditions are established to protect visitors, staff, and the resources and are the minimum restrictions necessary. The operation of any wheeled conveyance on the upper and lower plazas and grand staircase is extremely hazardous to pedestrians and likely to damage surface materials.

Projectiles:

• The use of golf equipment, archery equipment, or any equipment using projectiles is prohibited.

Determining Factors: These conditions are established to protect visitors and staff and are the minimum restrictions necessary. The park grounds and plaza areas are used by a high number of visitors. The use of projectiles could cause injury to the public not expecting a flying object.

(a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §§(a)(1) or (2) have been terminated:

• No special determination at this time.

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

The following is a compilation of those activities for which a permit from the superintendent is required:
§1.5(d) The following activities related to Public Use Limits:

• Group activities involving equipment rental, hiring of individuals, catering, or vehicle access to support use

• Activities which use models, sets, or props that are not part of a location’s natural or cultural resources or administrative facilities.

• Group or individual activities involving the use of government-owned facilities or areas that are generally closed to the public.

• Activities which require NPS supervision or monitoring to help prevent impacts to resources or conflict with visitor uses.

§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks, or minerals)
§2.10(a) Camping of any sort in any park location.
§2.12 Audio Disturbances:

• (a)(2) Operating a chain saw in developed areas

• (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51

§2.17 Aircraft & Air Delivery:

• (a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means

• (c)(1) Removal of a downed aircraft

§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)

§2.38 Explosives:

• (a) Use, possess, store, transport explosives, blasting agents
• (b) Use or possess fireworks

§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, holding vigils or religious services and other public expressions of views when the activity involves more than 25 persons or is requested for a location outside the identified designated areas.

§2.52(c) Sale or distribution of printed matter

§2.60(b) Livestock use

§2.61(a) Residing on federal lands

§2.62 Memorialization:

• (a) Erection of monuments (Requires approval from Regional Director)
• (b) Scattering ashes from human cremation

§4.11(a) Exceeding of established vehicle load, weight, and size limits

§5.1 Advertisements - (Display, posting or distribution.)

§5.3 Engaging in or soliciting any business (Requires a permit, contract, or other written agreement with the United States, or must be pursuant to special regulations).

§5.5 36 CFR 1.5(a)(2) - Designate Areas for a specific use or activity or impose conditions or restrictions on a use or activity.

o Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.

• Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.

• Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity orevent that has been allowed under a written authorization, such as a special use permit.

• If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

• Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.

36 CFR 1.6(f) – Activities that require a permit.

• Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information). 36 CFR 1.5(a)(2) and 54
U.S.C. 100905.

§5.6(c) Use of commercial vehicles on park area roads

(The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)

§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.docks, path, structure, etc.

III. GENERAL REGULATIONS

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

(a)(4) Dead wood on the ground may be collected for use as fuel for grills or campfires by employees in fire rings within employee housing area of the park in the following areas:

• Boneyard between the camper pad and the south seawall

36 CFR §2.2 - WILDLIFE PROTECTION

(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

• In accordance with state law

(e) All park areas are closed to the viewing of wildlife with the use of an artificial light. Note: night vision devices are not artificial lights; however, infrared lighting/beams are artificial lights and are included in this prohibition.

36 CFR §2.3 – FISHING

(a) Non-commercial fishing along the north and south seawall are allowed in accordance with state law.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(a)(2)(i) Weapons (excluding legal firearms), traps, or nets may only be carried, possessed or used at the following designated times and locations:

• In accordance with Ohio state law, except as otherwise prohibited by applicable federal law.
• Firearms are prohibited in facilities owned or leased by the federal government where federal employees are regularly present for performance of their duties. These facilities are posted with signs informing the public that firearms are prohibited in these buildings.
• Possession and use of traps and nets is prohibited.

36 CFR §2.10 – CAMPING and FOOD STORAGE

(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:

• Camping is allowed on the park grounds during special events with a permit issued by the Superintendent.

36 CFR §2.11 – PICNICKING

Certain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”.

36 CFR 2.13 – FIRES

(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
A fire may be ignited and maintained only by using fuel sources designed and commonly used for warmth or the preparation of food, such as charcoal briquettes or natural firewood. Lighting or maintaining a fire with other materials including, but not limited to, flammable liquids, garbage, fireworks, plastics, aerosol canisters, batteries, or other manufactured or synthetic materials, is prohibited.

Designated Areas:

• Fires are allowed on the memorial grounds during special events with prior approval of the Superintendent, i.e., historic cooking demonstrations, flag retirement ceremonies, etc.

• Fires are allowed in the employee housing areas when attended by an employee and only in an appropriate container.

Receptacles Allowed:

• Existing firepits or self-contained grills.

This action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, and the implementation of management responsibilities. Materials other than approved combustibles – especially fire accelerants and substances prone to wind transport or explosion – creates serious risks when used to light or maintain fires. These combustibles can ignite or spread wildfires that directly threaten people and valuable resources and assets. The burning of manufactured or synthetic materials can contribute to air pollution, contaminate soil and water, and be toxic to humans and the environment. Less restrictive measures, such as an education campaign informing visitors of the risks of using certain materials to light or maintain a fire, would not be commensurate with the substantial risks associated with those activities and could lead to adverse outcomes that might be prevented by establishing an enforceable condition.

36 CFR §2.15 – PETS

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• Immediate clean up and removal of pet excrement is required during the months of May through September, which are periods of heavy visitor use for picnics, sunbathing, interpretive programs, and similar recreational activities.

(e) Pets may be kept by park residents under the following conditions:

• Seasonal/less than year-round tenants are not allowed to keep pets in or around park housing units. The only exception are certified assistance animals (including service/guide animals for the visually impaired, signal dogs for the deaf, and service animals for the physically challenged). The tenant must provide, in writing, all requests for reasonable accommodations through the Housing Manager to the Superintendent prior to occupying the housing unit. If granted permission, pet owners must abide by the provisions set forth in 36 CFR 2-15 and by the guidelines outlined for permanent employees in Section 7.2.3.1. of the park Housing Management Plan.

• Permanent/year-round tenants are allowed to keep pets in and around park non- shared housing units and must abide by the provisions of 36 CFR2-15 and the following conditions established in the park Housing Management Plan.

o The park is authorized to issue a monthly fee for tenants with pets. If it decides to issue the pet fee, the park will implement the fee equally to all tenants with pets. The pet fee is $20 for the first pet and $40 for two or more pets.
o Unless special circumstances exist, the number of pets (dogs and cats) per unit is limited to two. The limit may only be exceeded with prior approval from the Superintendent.
o Pet owners are responsible for the actions of their pets. Any excessive cleaning or damages to government property, including grounds, will be charged to the tenant through a bill of collection.o All pets subject to rabies disease must be inoculated against the disease and the pet owner must otherwise comply with all applicable state and/or city laws regarding pet licensing and immunization. The Superintendent may require confinement and observation for up to 10 days (at the owner’s expense) of a dog or other animal that bites a person. Such animals will also be evaluated by a veterinarian at the first sign of illness during confinement. Following examination, the animal may be returned to the owner if it is not found to be rabid and/or if it is not subject to destruction as a vicious animal.
o The resident must ensure that pets do not make unreasonable noise that disturbs other park visitors or employees or that frightens wildlife by barking, howling, or making other noise.
o The resident must also ensure that all pet excrement is regularly (recommended daily but not more than weekly) disposed of properly (in plastic bags) in trash cans.
o Upon vacating government housing unit, the occupant will be responsible for repairing all damage and removal of odors caused by the pets. Any remaining damage will be billed to and payable by the former occupant.
o A violation of any aspect of this policy will result in a warning (either written or verbal), citation, pet impoundment and/or eviction depending on the severity of the incident. Circumstances of the incident will be forwarded to the Housing Manager, the resident’s supervisor, or the Superintendent as appropriate. Should a second violation occur, a citation will be issued, the resident’s pet certification may be cancelled, or the resident may be evicted.
o Pet owners must follow applicable federal, state, and local laws and be on notice that Ohio has a leash law.

36 CFR §2.18 – SNOWMOBILES

(c) Snowmobiles may be operated only on routes designated in section 7.31
§ 7.31 Perry’s Victory and International Peace Memorial
Snowmobiles. After consideration of existing special situations, i.e., depth of snow, and depending on local weather conditions, the Superintendent may permit the use of snowmobiles on that portion of land situated between State Route 357 and the seawall which designates the north boundary of the Memorial. This route will extend from the extreme northeast corner of the boundary to the middle of the intersection of State Route 357 and Toledo Avenue.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

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

• On concrete sidewalks or pavement in the park provided they do not interfere with pedestrian traffic. Use is prohibited in the following areas:
  • The plaza areas of the Memorial including stairs
  • The top deck of the seawalls

36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:

• All public buildings
• All office and employee work areas/buildings
• Government housing (indoors)

36 CFR §2.23 – RECREATION FEES

(b) Recreation fees, and/or a permit, 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:

• As provided by FLREA, an entrance fee of $10 per person is charged for entrance to the observation deck of the Memorial for visitors sixteen year of age and over.
• An annual park pass may be purchased for entrance to the observation deck of the Memorial for $30.
• Other valid passes National Parks and Federal Recreational Lands Passes (America the Beautiful) may be presented in lieu of paying an entrance fee to the observation deck of the Memorial.
• An expanded amenity fee of $20 is charged per person for sunset/night sky viewing tours to the observation deck of the Memorial. Certain passes (i.e., Senior or Access) provide a 50% discount.

36 CFR §2.38 – EXPLOSIVES

(b) Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:

• Residents in park housing may light sparklers on the Fourth of July, only in the housing area on Park Avenue, on concrete sidewalks or pavement, and must ensure the items are properly extinguished and disposed.

36 CFR §2.51 – PUBLIC ASSEMBLIES, MEETINGS

(e) The Superintendent shall designate on a map that shall be available in the office of the Superintendent the locations available for public assemblies. Locations may be designated as not available only if such activities would:

(2) Unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural, historic, or commemorative zones; or

(3) Unreasonably interfere with interpretive, visitor service, or other program activities, or with the administrative activities of the National Park Service

• Locations available for public assemblies are shown on the public assembly map in Appendix A.

• No public assemblies are permitted on the plaza areas or in the memorial column.

The plaza areas and the memorial column are solemn areas surrounding the tombs of six American and British officers who were killed in the navel battle of Lake Erie. The activity of a public assembly might unreasonably impair the atmosphere of peace and tranquility maintained in the commemorative zones.

• No public assemblies are permitted in the following areas:

o Ranger Operations Center
o Maintenance building
o Visitor Center
o Administration Building
o Housing area
o Ranger Operations Center parking area
o Maintenance building parking area
o Visitor Center parking area
o Administration Building parking area
o Housing parking area
o Active construction areas

Public assembles in the areas listed above would unreasonably interfere with interpretive, visitor service, or other program activities, or with the administrative activities of the National Park Service.

36 CFR §2.52 - SALE AND DISTRIBUTION OF PRINTED MATERIAL

See section 2.51 above regarding the list of designated areas.
Superintendents are authorized by 36 CFR 2.52 to issue special park use permits for the sale or distribution of “printed matter,” which the regulation defines as “message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising.” Sales under this regulation whether authorized by a permit or small group exception, are limited to these defined terms.

To ensure that interpretation of the 36 CFR 2.52 accommodates the exercise of First Amendment rights, and that it is uniformly applied, in interpreting and applying the regulation, superintendents will allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within the areas designated as available for First Amendment activities, and otherwise complies with 36 CFR 2.52.

Examples of message-bearing items that may be distributed for free include CDs, DVDs, and other readable electronic media. Such items must be distributed free of charge, and individuals may not ask or demand payment or request a donation in exchange for the item, which would violate 36 CFR 5.3.

36 CFR §3.21 – SWIMMING AND BATHING

(a)(1) The following areas are closed to swimming and bathing:

• Swimming, diving and/or wading in the waters adjacent to the seawalls is prohibited except in the area of the Village Swim Beach. Tethering or tying off of any property to the seawall ladders, to include a boat or dingy is prohibited.

 

Attachment A- Map of designated Public Assembly area.