Superintendent's Compendium

 

 

CODE OF FEDERAL REGULATIONS
TITLE 36

Timucuan Ecological and Historic Preserve Fort Caroline National Memorial

In accordance with applicable law and policy, and pursuant to the delegated authorities provided in title 36, code of federal regulations, chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of the Timucuan Ecological and Historic Preserve. This document is the wrifen compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this compendium may result in criminal penalties under 36 CFR 1.3.

The compendium actions in this document apply in addition to all other laws that apply to lands and waters administered by the NPS within the boundaries of located in the City of Jacksonville, Duval County, Florida, USA. These include:

• Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.
• Statutes codified in US code, in particular provisions in Title 16 and Title 54.

This compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.

Please contact the Superintendent if you have any questions or comments about the Superintendent’s Compendium.

DEFINITIONS

NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR's. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this compendium are defined as follows:

• Federal Facility: means any building, structure, or fixture or part thereof which is owned by the United States or any Federal agency or which is held by the United States or any Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation. Such term also applies to facilities related to programs administered by Federal agencies. See 42 USC 8271.
• Service Animal: NPS policy defines a service animal as a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The tasks performed by the animal must be directly related to the person’s disability. "In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.)" See 28 CFR 35.104.
• Unmanned Aircraft Systems (UAS): 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, drones) that are used for any purpose, including for recreation or commerce. (Also known as Uncrewed Aircraft Systems (UAS)) See DOI UAS Policy Information webpage.

Closures and Public Use Limits [36 CFR 1.5]

Visiting hours, public use limits and closures [36 CFR 1.5(a)(1)]

Visiting Hours:

• Kingsley Plantation is open Wednesday through Sunday from 9:00 a.m. to 5:00 p.m. except Thanksgiving Day, Christmas Day, and New Year’s Day.
• Fort Caroline National Memorial is open Wednesday through Sunday from 9:00 a.m. to 5:00 p.m. daily except Thanksgiving Day, Christmas Day, and New Year’s Day.
• Spanish Pond is open from sunrise to sunset daily.
• Cedar Point areas are open from sunrise to sunset daily.
• Timucuan Ecological and Historic Preserve headquarters buildings are closed to the public at all times with the exception of park business hours which are from 7:00 AM to 4:00 PM, Monday through Friday not including Federal Holidays, when the headquarters buildings are officially closed. The headquarters buildings are located at 13165 Mount Pleasant Road.
• Thomas Creek Special Management Area is closed to public use unless accompanied by NPS staff or under permit with prior arrangements.
• North Black Hammock Island areas accessed by Sawpit Road are closed to public use unless accompanied by NPS staff or under permit with prior arrangements.
• Other undeveloped lands are open, unless otherwise posted, subject to restrictions in this compendium as well as all Federal, state, and local laws.

Portions of the Timucuan Preserve and Fort Caroline have significant visitor use facilities. They are managed to encourage specific types of use and/or to protect resources. On these lands there may be more restrictions in order to accomplish the specified mission of that unit, to provide protection to the resource, or to reduce user conflicts due to the higher level of activity. These designated use areas also contain areas that are administrative in nature. They may have different operating hours and may be closed to the public.

The Preserve contains four designated use areas. These are:

• Fort Caroline National Memorial consists of three sub-units accessible from Fort Caroline Road (Fort Caroline main area, Spanish Pond, and the Ribault Column areas), includes all land within the legislated boundary of the Memorial, and all buildings, dock, and facilities.
• Theodore Roosevelt Area includes all NPS-owned land and waters within the area accessed from Mt. Pleasant Road and all buildings and facilities.
• Kingsley Plantation includes all contiguous NPS-owned land on Fort George Island surrounding the historic site, bounded by state or private land or the mean high water line, and all buildings, dock, and facilities.
• Cedar Point includes all of the NPS-owned land on Black Hammock Island accessed by Cedar Point Road, including all buildings and facilities.

Special Management Areas

Portions of the Preserve have restrictions of use and may be managed under significantly different guidelines. The Thomas Creek unit and North Black Hammock Island properties are currently closed to the public unless under special arrangement.

• Thomas Creek unit includes all contiguous NPS-owned uplands southeast of the junction of Thomas Creek and Nassau River, and all buildings and facilities on NPS land.
• North Black Hammock Island includes the Bennett, Sohn, and Hawk properties accessed by Sawpit Road, including all buildings and facilities.
• Nana Dune including associated NPS owned property at American Beach.

Other Undeveloped Lands

• Other lands and waters under the administration of the National Park Service within the Preserve are undeveloped lands in which Federal and state laws and regulations, including these provisions, unless otherwise stated, apply, regardless of administrative presence.
• Determining factors: Preserve areas have posted hours to protect natural and cultural resources from vandalism and theft and to lessen safety hazards to visitors. There are no overnight accommodations or facilities on National Park Service lands within the Preserve. No legitimate public activity is prevented by closing areas at night.

Closures

• Timucuan Ecological and Historic Preserve is closed to all visitation Thanksgiving Day, Christmas Day, and New Year’s Day
  • Closing on these holidays is necessary because the NPS does not have staff scheduled to work to manage visitors during those holidays and to protect park resources when staff is not present.
• During periods of severe weather conditions, all, or portions of, the park may be closed to the public in the interest of safety. The ranking Supervisor on duty is delegated the authority by the Superintendent to determine the need to close areas of the park for this purpose.
  • The closure of all or parts of the park during severe weather conditions are necessary for the protection of visitors and employees from injuries or death. Severe and sudden weather conditions can occur with little or no notice. Therefore, delegation for closure is given to the on-site supervisor so as not to needlessly endanger the visiting public from weather hazard.

Hiking in designated use areas is permitted only during hours of operation and only on designated trails, roads and parking lots.

• Hiking is restricted to the following trails:
  • Hammock Trail
  • French Memorial Trail
  • Spanish Pond Trail
  • Willie Browne Trail
  • Timucuan Trail
  • NPS Spur Trail and Loop Trail at Cedar Point
• Hiking is not permitted on the former Green Trail at the Theodore Roosevelt Area

Designated areas, conditions or restrictions on a use or activity [36 CFR 1.5 (a)(2)]

Conditions or Restrictions on a Use or Activity

• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of the Timucuan Ecological and Historic Preserve is prohibited except as approved in writing by the superintendent.
  • This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.
• All areas are closed to motorized vehicles except designated roadways, parking lots and administrative areas. Vehicles may be authorized in appropriate locations, such as former roads and trails, when required for administrative or emergency activities. Segways, two-wheeled self balancing electric vehicles are considered to be motorized vehicles.

Determining factors: In accordance with 36 CFR 4.10, vehicles are restricted to protect resources and preserve the integrity of the natural and cultural scene. Exceptions may be made as noted to efficiently carry out the mission of the parks.

Determining factors: In accordance with 36 CFR 4.30, bicycles are restricted. The currently designated Willie Browne Trail and the unpaved roads at Cedar Point have been determined to meet resource protection, scenic and safety guidelines. Future trail designations will meet all specified criteria.

• Vehicles are limited to an overall maximum length of 21 feet, including trailers. This restriction does not apply to buses that park in the designated bus parking area.

  • This condition/restriction is necessary to maintain a safe driving lane; to provide access to buses and provide safe loading and unloading of passengers.

• Buses are prohibited from idling their engines unless loading and unloading passengers. Buses must park in the designated signed area. Buses are limited to 10 minutes for loading or unloading of passengers. Double parking is prohibited.

  • This condition/restriction is necessary because double parking blocks traffic and idling causes fumes that may harm visitors.

Beaching and landing of boats on docks, riverbanks, shorelines, and beach areas is permitted, pursuant to hours of operation and other applicable and posted restrictions.

Launching of boats is prohibited except:

• A craft that is hand carried to the water from legal parking areas, during operating hours and in accordance with other restrictions; or

• at designated boat ramps, which includes the boat ramp at Cedar Point and other areas which may be so designated during the term of this compendium, or temporarily for specific use; and are specifically marked by the presence of NPS signs (as defined in 36 CFR 1.10) as boat launching facilities.

Determining factors: Launching of vehicle-drawn boats where suitable facilities are absent is incompatible with resource preservation and other public use. Suitable facilities are provided at Cedar Point as well as non-NPS sites throughout the Preserve. Beaching in suitable locations is a traditional activity with minimal impact. Hand-powered craft are launched subject to all appropriate regulations.

Hiking in designated use areas is permitted only during hours of operation and on designated trails. [36 CFR 2.1 (b)]

• The Kingsley Plantation and Fort Caroline areas are closed to the throwing of balls, discs, boomerangs or similar objects; kite flying; organized games or similar recreational activities; car cleaning, waxing, polishing, repairs or similar; except these activities are permitted by residents and their guests in the government housing area
• 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 authorizaiton, 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 or event 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.

ACTIVITIES THAT REQUIRE A PERMIT [36 CFR 1.6]

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

The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.

• Launching or landing uncrewed aircraft. 36 CFR 1.5.
• Specimen collection for research purposes. 36 CFR 2.5.
• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6.
• Camping is prohibited. 36 CFR 2.10.
• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.
• Operating a public address system 36 CFR 2.12.
• Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means. 36 CFR 2.17.
• Soliciting or demanding gifts, money goods or services. 36 CFR 2.37.
• Using, possessing, storing, or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38.
• Conducting a special event. 36 CFR 2.50.
• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.
• Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52.
• Running-at-large, herding, driving across, allowing on, pasturing, or grazing of livestock, or using the park for agriculture. 36 CFR 2.60.
• Residing on federal lands. 36 CFR 2.61.
• Scattering of human ashes from cremation. 36 CFR 2.62.
• Towing a person using a parasail, hang-glider, or other airborne device 36 CFR 3.12.
• Operating a submersible. 36 CFR 3.19.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1.
• Engaging in or soliciting any business. 36 CFR 5.3.
• Some audio recording (if conditions are met). 36 CFR 5.5.
• Using commercial vehicles on NPS-administered roads. 35 CFR 5.6.
• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7.
• Rights-of-way. 36 CFR part 14.
• Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3.
• 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.
• Excavating or removing archaeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.

Preservation of Natural, Cultural, & Archeological Resources [36 CFR 2.1]

36 CFR 2.1(a)(1)

• Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state: Plans or the parts or products thereof. Tying, stringing, chaining, or locking bicycles, mopeds, motorcycles, hammocks, slacklines, clotheslines, anchor lines or tarps to trees is prohibited.
  • These closures are necessary to protect fragile natural resources, habitats, and environments and to provide for a safe and memorable visitor experience.
• At Fort Caroline National Memorial visitors are not allowed to climb onto the fort exhibit walls, gates, or cannon carriages. Visitors are also prohibited from climbing the Ribault Monument. Visitors, while wearing wet clothing, are not allowed to enter the Fort Caroline Visitor Center and must be wearing at least a shirt, shoes, and pants/skirt/dress (as appropriate).
• At Kingsley Plantation visitors are not allowed to climb onto the Slave Cabin ruins, walls, or associated cabin features. Visitors, while wearing wet clothing, are not allowed to enter the Main House, Kitchen House or their associated porches. Visitors in these areas must be wearing shirt, shoes, and pants/skirt/dress. (as appropriate).

Gathering natural products for personal consumption [36 CFR 2.1 (c)]

All areas

• A reasonable quantity - up to one gallon per group per day - of blueberries, grapes, hickory nuts and other fruits may be gathered for personal use.
• Taking of edible plants, plant parts, stems, leaves, flowers, roots, tubers or other parts except seeds and seed-bearing parts as noted above is prohibited.
• Collecting seashells is prohibited except up to one gallon per group per day of unoccupied seashells may be gathered for personal use along shorelines of navigable waters in, or within 10 feet of the tidal zone. Disturbance, collection, removal or destruction of any portion of any shell mound, midden or scatter is prohibited [36 CFR 2.1 (a)(6) and other laws].

Determining factors: These have been determined by the Superintendent to be reasonable quantities which may be gathered for personal use. Quantities are limited in order to minimize any adverse effects on park resources

Hunting 136 CFR [2.2 (b)(2)]

• Hunting is permitted within the Preserve in accordance with state and local laws; except:
  • Hunting is prohibited for reasons of public safety in all designated use areas, which include: Fort Caroline National Memorial; the Kingsley Plantation unit and all contiguous Federal land; Theodore Roosevelt Area; Cedar Point unit including all contiguous Federal land above the mean high water line; and in the Thomas Creek unit including all contiguous Federal land above the mean high water line.
  • Hunting is also prohibited on all NPS-owned uplands on Black Hammock Island, the Broward Islands, Burton Island, Half Moon Island and the unnamed 52 other islands (note; a map showing the location of these islands is available at park HQ).

Determining factors: In accordance with the enabling legislation's provision to protect the natural ecology, hunting and trapping have been determined by the Superintendent to be inconsistent with public safety and enjoyment in the designated use areas of the Preserve. Thomas Creek is closed to hunting due to the temporary management agreement with the previous owner. All other Special management Areas are closed to hunting due to their close proximity to city streets and the need for public safety.

Viewing wildlife with artificial light [36 CFR(2.2)(e)]

• Use of an artificial light to view wildlife is prohibited, unless specifically permitted by state law, or research permit.

Determining factors: Spotlighting wildlife at night is prohibited in most cases by state law. NPS policy conforms to state hunting regulations.

Fishing [36 CFR 2.3]

• Fishing is permitted in the Preserve in accordance with state law; except where restricted [under the authority of section 1.5]:
  • In the Theodore Roosevelt Area, fishing is prohibited in all areas except the saltwater marsh and tidal creeks
  • Fishing is prohibited at Kingsley Plantation from the dock, from boats secured to the dock, and from the retaining wall in front of the main house.
  • Fishing is prohibited at Cedar Point from the dock.
  • Fishing is prohibited from the banks in the Thomas Creek unit except under research permit.
  • Fishing is prohibited in Fort Caroline National Memorial (includes dock and from boats secured to the dock, and Spanish Pond). [36 CFR 7.61]

Determining factors: Due to limited access to freshwater ponds and creeks and their use as rookeries by various bird species and seasonal fluctuations of water levels, areas within the Theodore Roosevelt Area except for the designated shoreline areas have been closed to fishing. Thomas Creek is closed to fishing due to the temporary management agreement with the previous owner. Fort Caroline National Memorial, which includes Spanish Pond is closed to fishing by 36 CFR 7.61. Docks at Fort Caroline, Kingsley Plantation, and Cedar Point are closed to fishing due to safety and sanitation reasons.

Weapons [36 CFR 2.4]

• It is prohibited to carry openly or concealed any weapon to include clubs, edged weapons, firearms, or facsimile thereof inside any federal facility. The headquarters buildings, all visitor and employee areas at Fort Caroline and Kingsley Plantation and everything contained therein is considered a federal facility. Authorized Federal, State, and local law enforcement officers may carry firearms in the performance of their official duties. The carrying or possessing of a weapon, trap, or net in violation of applicable Federal and State laws is prohibited. See Florida State Statute Chapter 790 and 18 USC 930.

Re-enactors and other costumed individuals frequently carry weapons and replicas that could create a hazardous condition. NPS trained individuals involved in or conducting living history programs are exempt from this prohibition while conducting official business for the NPS.

Camping [36 CFR 2.10]

• Camping is prohibited within the preserve boundaries. Timucuan Ecological and Historic Preserve does not have any desginated camping areas.

Picnicking [36 CFR 2.11]

Designated Use Areas

• At Fort Caroline and Theodore Roosevelt picnicking is permitted only in designated areas (i.e. the tables near the visitor center at Fort Caroline; and at Theodore Roosevelt the tables near the parking lot.) All refuse from picnicking must be removed to discourage scavenging by wildlife.
• At Kingsley Plantation informal picnicking is allowed on the grounds, except it is prohibited on, inside, or within 100 feet of any historic structure.
• All food, food storage materials, and garbage must be removed after use.

Other areas

• Picnicking is permitted in other areas of the Preserve.

Determining factors: The designated use areas are established in part because of high public use and the historic or ambient setting. Picnic areas have been established near the visitor center at Fort Caroline and at the trailhead of the Theodore Roosevelt Area. Picnicking around the peripheral grounds at Kingsley does not intrude unduly on the setting.

Audio Disturbances [36 CFR 2.12]

• Idling a motorized commercial or private vehicle, generator or machinery in any parking areas, except for the purpose of loading and unloading passengers is prohibited.
• The use of portable radios, high performance auto sound systems and/or other non-period music producing devices (which emit a decibel level of 60 or higher measured at 50 feet) is prohibited.
• Power saws, lawn mowers, and woodworking equipment may be used by park housing area residents.
• Mooring or docking of vessles to the Fort Caroline Pier or the Kingsley Plantation Seawall is prohibited.
• Organized athletic or recreational activities such as softball, football, soccer, Frisbee matches, and other similar sports are prohibited within the boundaries of the preserve. Other sporting or recreational activites, which would present a danger to other visitors, such as golf, archery, or similar activities are prohibited.
  • This closure is necessary to maintain the historic scenery and avoid conflict with other visitors. Organized Athletic activities such as football, soccer, baseball, Frisbee, etc. endanger visitors using the same area, who are not participating in the sport activities. Adequate recreational facilities are available with-in one half mile from preserve. Golf, archery, or similar activities' present an obvious danger to the other visitors in a confied and heavily populated area. In addition, these activities disturb the historic atmosphere and can constitute impairment of park values.
• Placing items into the ground such as tent stakes or similar is prohibited.
  • This restriction is necceasry to protect cultural resources, natural resources, uncrecorded artifacts, archeological resources, and park infrastructure (irrigation/drainage/utilities) under the ground by preventing ground disturbace.

Fires [36 CFR 2.13]

• Fires, other than for park administrative purposes, are prohibited within the monument boundaries.
  • There are no areas designated as fire sites in the interest of fire safety and prevention, and to keep grounds maintenance costs to a minimum.

Pets [36 CRF 2.15]

36 CFR 2.15(a)(1)

• Pets must be under physical control at all times on a leash not more than six (6) feet long or crated, caged or otherwise physically confined, except for those dogs engaged in hunting activities where permitted in accordance with state law.
• Pet owners may not allow unreasonable noise that frightens wildlife by barking, howling, or making other noise.
• Any person or legal entity, who owns, is in charge of, responsible for or in control of any pet must, when within the monument grounds, collect and remove to a proper waste receptacle any excrement left by the pet.
  • Owners are required to clean up pet excrement and dispose of the excrement in a suitable trash receptacle. This is required due to the possibility of pet to human disease transmission.
• Pets may be owned by park residents in accordance with park policy. Owners are subject to all CFR regulations.
• Service animals and dogs used by authorized Federal, State, and local law enforcement officers in the performance of their official duties are not pets.
  • Pets can pose a danger and inconvenience to other visitors, while trained service animals provide protection and assistance.

Horses and Pack Animals [36CFR 2.16]

All areas

• Horses and pack animals are not allowed on park grounds, roads or trails. [1.5]

Determining factors: The use of horses and pack animals is prohibited within the park because of the fragile nature of the sandy trails, the inherent incompatibility of pedestrians and horses in such a confined area and a concern about the spread of non-native plants (e.g. seeds in manure).

Smoking [36 CFR 2.21]

• Smoking, including the use of E-cigarettes or similar devices is prohibited inside all park facilities. Additionally, smoking is prohibited within 25 feet of main entrances, exits and operable windows.
  • Smoking is prohibited to prevent the danger of fire, prevent conflicts among visitor use activities and to comply with government smoking regulations.

Property [36 CFR 2.22]

The following are prohibited:

1. Abandoning property.
   1. Leaving property unattended for longer than 24 hours, except in locations where longer time periods have been designated or in accordance with conditions established by the superintendent.
2. Impoundment of property.
   1. Property determined to be left unattended in excess of an allowed period of time may be impounded.
   2. Unattended property that interferes with visitor safety, orderly management of the park area, or presents a threat to park resources may be impounded.
   3. Found or impounded property shall be inventoried to determine ownership and safeguard personal property.
   4. The owner of record is responsible and liable for charges to the person who has removed, stored, or otherwise disposed of property impounded pursuant to this section; or the superintendent may assess the owner reasonable fees for the impoundment and storage of property impounded pursuant to this section.
3. Disposition of property
   1. Unattended property impounded pursuant to this section shall be deemed to be abandoned unless claimed by the owner or an authorized representative therof within 60 days. The 60-day period shall begin when the rightful owner of the property has been notified, if the owner can be identified, or from the time the property was placed in the superintendent's custody, if the owner cannot be identified.
   2. Unclaimed, found property shall be stored for a minimum period of 60 days and, unless claimed by the owner or an authorized representative therof, may be claimed by the finder, provided that the finder is not an employee of the National Park Service. Found property not claimed by the owner or an authorized representative or the finder shall be deemed abandoned.
   3. Abandoned property shall be dispsed of in accordance with Title 41 Code of Federal Regulations.
4. Property, including real property, located within a park area and owned by a deceased person, shall be disposed of in accordance with the laws of the State within whose exterior boundaries the property is located.
   1. The regulations of this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

Determining factors: The abandonment of property in all areas of the park is prohibited in order to protect natural and cultural resources and for visitor safety. Visitors leaving designated trails to place and find geo-cached items cause resource damage. Geo-caching is an outdoor activity in which the participants use navigational techniques to hide and seek containers (called "geo-caches" or "caches") anywhere in the world.

Alcoholic Beverages [36 CFR 2.35]

• The use, sale, distribution, consumption, or possession of an open container of an alcoholic beverage, in any form, is prohibited within the park boundaries.
  • The consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage is inappropriate considering other uses of the location and the purpose for which it is maintained or established.

Explosives [36 CFR 2.38]

All areas

• Fireworks and firecrackers are prohibited within the boundaries of the preserve.

Determining factors: Fireworks are prohibited due to the fact that use may result in a fire that might burn/harm property, resources, and/or people.

Special Events [36 CFR 2.50]

All areas

• Special events are allowed provided there is a meaningful association between the park area and the event(s), the observance contributes to visitor understanding of park significance, and event sponsors possess a permit issued by the superintendent.

Determining factors: By National Park Service policy and for purposes of visitor safety and resource protection, special events are regulated through the permit process.

Demonstrations and Designated Available Park Areas [36 CFR 2.51]

Designated Locations [36 CFR 2.51(c)(2)

The following location upon the grounds of the Timucuan Ecological and Historic Preserve is designated as available for demonstrations. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures. Those groups or individuals using park land for activities protected under the First Amendment of the U.S. Constitution are subject to all applicable local, state, and federal laws.

• The lawn area east of the sidewalk displayed in black and white lines in the map below.
• The area displayed in black and white lined north of the Kingsley Plantation Parking Lot.

The designated locations are in a prominent area that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. 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: the protection of 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.

Sale of Printed Matter and the Distribution of Printed Matter and Other Message-Bearing Items [36 CFR 2.52]

The demonstrations areas show in the maps above upon the grounds of the Timucuan Ecological and Historic Preserve are designated as available for the sale or distribution of printed matter, and the free distribution of other message bearing items. A permit is not required for these activities in the designated location if they involve 25 persons or fewer and do not involve structures. Those groups or individuals using park land for activities protected under the First Amendment of the U.S. Constitution are subject to all applicable local, state, and federal laws.

The designated location is in a prominent area that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. 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: the protection of 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.

State Law Applicable [36 CFR 4.2]

Unless specifically addressed by 36 CFR or other regulations, traffic, and the use of vehicles within a park area are governed by State law. State law that is now or may later be in effect is adopted and made a part of the regulations in this part. Violating a provision of State traffic law is prohibited. Unofficial reserving of parking spaces is prohibited.

• FS 316.130(3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
• FS 316.130(6) No Person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
• FS 316.130(10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

The acts associated with saving a parking space can cause a hazard to the pedestrian and local traffic. Parking spaces are available on a first come first served basis.

Travel on Park Roads and Designated Routes [36 CFR 4.10]

• Operating a vehicle such as the Segway Human Transporter or Hover board inside Timucuan Ecological and Historic Preserve is prohibited.

These vehicles can travel at a high rate of speed and in a small, confined spaces have a high density of visitors of all ages and mobility limitations as well as high numbers of school-age children that sometimes run unsupervised, there is great potential for injury or harm to other visitors as well as operators. In addition, the presence of a mechanical device constitutes an impairment of the visual enjoyment of the character defining features of the Preserve. The use of motorized vehicles, other than those utilized for official government business, present a safety hazard.

Bicycles [36 CFR 4.30]

• Bicycles are prohibited [36 CFR 4.30] except on roadways open to vehicular traffic and on designated trails. Designated trails are limited to the Willie Browne Trail in the Theodore Roosevelt Area; unpaved roads at Cedar Point; and other trails which may be so designated during the term of this compendium, or temporarily for specific use; and are specifically marked by the presence of NPS signs (as defined in 36 CFR 1.10) as open to bicycles.
• E-Bikes [36 CFR 4.30 (i)]: The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). E-bikes are allowed in Timucuan Ecological and Historic Preserve 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 36 CFR 4.30 (i). Except as specified in this Compendium, the use of an e-bike within Timucuan Ecological and Historic Preserve 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.

Determining factors: In accordance with 36 CFR 4.30, bicycles are restricted to roadways used by motor vehicles and to designated trails in order to protect natural and cultural resources within the Preserve from adverse and unsafe use.

CCTV USE POLICY (DOI DM-444, NPS RM-9)

The National Park Service'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; help facilitate the protection of the innocent and the apprehension and prosecution of criminals.

This policy does not restrict the official use of CCTV in government administrative areas including administrative buildings, 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.).

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).

Security measures in place provide for the protection of facilities, people, and irreplaceable objects held in national trust. Utilizing guidance from the Department of the Interior for the safety and security of a location and information provided by other agencies charged with the protection of valuable resources and people, the National Park Service provides these security measures to repel potential threats and present an educational and enjoyable opportunity for all that visit.