36 CFR 7.96 (g)

36CFR 7.96 - 2006.txt

National Capital Region Application for Public Gathering, 36 CFR 7.96 (g)

36 CFR 7.96 (g)

OMB: 1024-0021

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Section

[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR7.96]

[Page 141-153]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 7_SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM--Table of 
Contents
 
Sec.  7.96  National Capital Region.

    (a) Applicability of regulations. This section applies to all park 
areas administered by National Capital Region in the District of 
Columbia and in Arlington, Fairfax, Loudoun, Prince William, and 
Stafford Counties and the City of Alexandria in Virginia and Prince 
Georges, Charles, Anne Arundel, and Montgomery Counties in Maryland and 
to other federal reservations in the environs of the District of 
Columbia, policed with the approval or concurrence of the head of the 
agency having jurisdiction or control over such reservations, pursuant 
to the provisions of the act of March 17, 1948 (62 Stat. 81).

[[Page 142]]

    (b) Athletics--(1) Permits for organized games. Playing baseball, 
football, croquet, tennis, and other organized games or sports except 
pursuant to a permit and upon the grounds provided for such purposes, is 
prohibited.
    (2) Wet grounds. Persons holding a permit to engage in athletics at 
certain times and at places authorized for this use are prohibited from 
exercising the privilege of play accorded by the permit if the grounds 
are wet or otherwise unsuitable for play without damage to the turf.
    (3) Golf and tennis; fees. No person may use golf or tennis 
facilities without paying the required fee, and in compliance with 
conditions approved by the Regional Director. Trespassing, intimidating, 
harassing or otherwise interfering with authorized golf players, or 
interfering with the play of tennis players is prohibited.
    (4) Ice skating. Ice skating is prohibited except in areas and at 
times designated by the Superintendent. Skating in such a manner as to 
endanger the safety of other persons is prohibited.
    (c) Model planes. Flying a model powered plane from any park area is 
prohibited without a permit.
    (d) Fishing. Unless otherwise designated, fishing in a manner 
authorized under applicable State law is allowed.
    (e) Swimming. Bathing, swimming or wading in any fountain or pool 
except where officially authorized is prohibited. Bathing, swimming or 
wading in the Tidal Basin, the Chesapeake and Ohio Canal, or Rock Creek, 
or entering from other areas covered by this section the Potomac River, 
Anacostia River, Washington Channel or Georgetown Channel, except for 
the purpose of saving a drowning person, is prohibited.
    (f) Commercial vehicles and common carriers--(1) Operation in park 
areas prohibited; exceptions. Commercial vehicles and common carriers, 
loaded or unloaded, are prohibited on park roads and bridges except on 
the section of Constitution Avenue east of 19th Street or on other roads 
and bridges designated by the Superintendent, or when authorized by a 
permit or when operated in compliance with paragraph (f)(2) of this 
section.
    (2) George Washington Memorial Parkway; passenger-carrying vehicles; 
permits; fees. (i) Taxicabs licensed in the District of Columbia, 
Maryland, or Virginia, are allowed on any portion of the George 
Washington Memorial Parkway without a permit or payment of fees.
    (ii) Passenger-carrying vehicles for hire or compensation, other 
than taxicabs, having a seating capacity of not more than fourteen (14) 
passengers, excluding the operator, when engaged in services authorized 
by concession agreement to be operated from the Washington National 
Airport and/or Dulles International Airport, are allowed on any portion 
of the George Washington Memorial Parkway in Virginia without a permit 
or payment of fees. However, when operating on a sightseeing basis an 
operator of such a vehicle shall comply with paragraph (f)(2)(iv) of 
this section.
    (iii) Passenger-carrying vehicles for hire or compensation, other 
than those to which paragraphs (f)(2) (i) and (ii) of this section 
apply, are allowed on the George Washington Memorial Parkway upon 
issuance of a permit by the Regional Director, under the following 
conditions:
    (A) When operating on a regular schedule: to provide passenger 
service on any portion between Mount Vernon and the Arlington Memorial 
Bridge, or to provide limited direct nonstop passenger service from Key 
Bridge to a terminus at the Central Intelligence Agency Building at 
Langley, Virginia, and direct return, or to provide limited direct 
nonstop passenger service from the interchange at Route 123 to a 
terminus at the Central Intelligence Agency Building at Langley, 
Virginia, and direct return. Permittees shall file a schedule of 
operation and all schedule changes with the Regional Director showing 
the number of such vehicles and total miles to be operated on the 
parkway.
    (B) When operating nonscheduled direct, nonstop service primarily 
for the accommodation of air travelers arriving at or leaving from 
Dulles International Airport or Washington National Airport: between 
Dulles International Airport and a terminal in Washington, DC, over the 
George

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Washington Memorial Parkway between Virginia Route 123 and Key Bridge; 
or between Washington National Airport and a terminal in Washington, 
D.C., over the George Washington Memorial Parkway between Washington 
National Airport and 14th Street Bridge; or between Dulles International 
Airport and Washington National Airport over the George Washington 
Memorial Parkway between Virginia Route 123 and Washington National 
Airport. Permittees shall file a report of all operations and total 
miles operated on the George Washington Memorial Parkway with the 
Regional Director.
    (C) Permits are issued to operators of vehicles described in 
paragraphs (f)(2)(iii) (A) and (B) normally for a period of one year, 
effective from July 1 until the following June 30, at the rate of one 
cent (1) per mile for each mile each such vehicle operates upon the 
parkway. Payment shall be made quarterly within twenty (20) days after 
the end of the quarter based upon a certification by the operator of the 
total mileage operated upon the parkway.
    (iv) Sightseeing passenger-carrying vehicles for hire or 
compensation other than taxicabs may be permitted on the George 
Washington Memorial Parkway upon issuance of a permit by the Regional 
Director, to provide sightseeing service on any portion of the parkway. 
Permits may be issued either on an annual basis for a fee of three 
dollars ($3.00) for each passenger-carrying seat in such vehicle; on a 
quarterly basis for a fee of seventy-five cents (75) per seat; or on a 
daily basis at the rate of one dollar ($1.00) per vehicle per day.
    (3) Taxicabs--(i) Operations around Memorials. Parking, except in 
designated taxicab stands, or cruising on the access roads to the 
Washington Monument, the Lincoln Memorial, the Jefferson Memorial, and 
the circular roads around the same, of any taxicab or hack without 
passengers is prohibited. However, this section does not prohibit the 
operation of empty cabs responding to definite calls for hack service by 
passengers waiting at such Memorials, or of empty cabs which have just 
discharged passengers at the entrances of the Memorials, when such 
operation is incidental to the empty cabs' leaving the area by the 
shortest route.
    (ii) Stands. The Superintendent may designate taxicab stands in 
suitable and convenient locations to serve the public.
    (4) The provisions of this section prohibiting commercial trucks and 
common carriers do not apply within other Federal reservations in the 
environs of the District of Columbia and do not apply on that portion of 
Suitland Parkway between the intersection with Maryland Route 337 and 
the end of the Parkway at Maryland Route 4, a length of 0.6 mile.
    (g) Demonstrations and special events--(1) Definitions. (i) The term 
``demonstrations'' includes demonstrations, picketing, speechmaking, 
marching, holding vigils or religious services and all other like forms 
of conduct which involve the communication or expression of views or 
grievances, engaged in by one or more persons, the conduct of which has 
the effect, intent or propensity to draw a crowd or onlookers. This term 
does not include casual park use by visitors or tourists which does not 
have an intent or propensity to attract a crowd or onlookers.
    (ii) The term ``special events'' includes sports events, pageants, 
celebrations, historical reenactments, regattas, entertainments, 
exhibitions, parades, fairs, festivals and similar events (including 
such events presented by the National Park Service), which are not 
demonstrations under paragraph (g)(1)(i) of this section, and which are 
engaged in by one or more persons, the conduct of which has the effect, 
intent or propensity to draw a crowd or onlookers. This term also does 
not include casual park use by visitors or tourists which does not have 
an intent or propensity to attract a crowd or onlookers.
    (iii) The term ``national celebration events'' means the annually 
recurring special events regularly scheduled by the National Capital 
Region, which are listed in paragraph (g)(4)(i) of this section.
    (iv) The term ``White House area'' means all park areas, including 
sidewalks adjacent thereto, within these bounds; on the south, 
Constitution Avenue NW.; on the north, H Street NW.;

[[Page 144]]

on the east, 15th Street, NW.; and on the west, 17th Street NW.
    (v) The term ``White House sidewalk'' means the south sidewalk of 
Pennsylvania Avenue NW., between East and West Executive Avenues NW.
    (vi) The term ``Lafayette Park'' means the park areas, including 
sidewalks adjacent thereto, within these bounds: on the south, 
Pennsylvania Avenue NW.; on the north, H Street NW.; on the east, 
Madison Place NW.; and on the west, Jackson Place NW.
    (vii) The term ``Ellipse'' means the park areas, including sidewalks 
adjacent thereto, within these bounds: on the south, Constitution Avenue 
NW.; on the north, E Street, NW.; on the west, 17th Street NW.; and on 
the east, 15th Street NW.
    (viii) The term ``Regional Director'' means the official in charge 
of the National Capital Region, National Park Service, U.S. Department 
of the Interior, or an authorized representative thereof.
    (ix) The term ``other park areas'' includes all areas, including 
sidewalks adjacent thereto, other than the White House area, 
administered by the National Capital Region.
    (x) The term ``Vietnam Veterans Memorial'' means the structures and 
adjacent areas extending to and bounded by the south curb of 
Constitution Avenue on the north, the east curb of Henry Bacon Drive on 
the west, the north side of the north Reflecting Pool walkway on the 
south and a line drawn perpendicular to Constitution Avenue two hundred 
(200) feet from the east tip of the memorial wall on the east (this is 
also a line extended from the east side of the western concrete border 
of the steps to the west of the center steps to the Federal Reserve 
Building extending to the Reflecting Pool walkway).
    (2) Permit requirements. Demonstrations and special events may be 
held only pursuant to a permit issued in accordance with the provisions 
of this section except:
    (i) Demonstrations involving 25 persons or fewer may be held without 
a permit provided that the other conditions required for the issuance of 
a permit are met and provided further that the group is not merely an 
extension of another group already availing itself of the 25-person 
maximum under this provision or will not unreasonably interfere with 
other demonstrations or special events.
    (ii) Demonstrations may be held in the following park areas without 
a permit provided that the conduct of such demonstrations is reasonably 
consistent with the protection and use of the indicated park area and 
the other requirements of this section. The numerical limitations listed 
below are applicable only for demonstrations conducted without a permit 
in such areas. Larger demonstrations may take place in these areas 
pursuant to a permit.
    (A) Franklin Park. Thirteenth Street, between I and K Streets NW., 
for no more than 500 persons.
    (B) McPherson Square. Fifteenth Street, between I and K Streets NW., 
for no more than 500 persons.
    (C) U.S. Reservation No. 31. West of 18th Street and south of H 
Street NW., for no more than 100 persons.
    (D) Rock Creek and Potomac Parkway. West of 23rd Street, south of P 
Street NW., for no more than 1,000 persons.
    (E) U.S. Reservation No. 46. North side of Pennsylvania Avenue, west 
of Eighth Street and south of D Street, SE., for no more than 25 persons 
and south of D Street SE., for no more than 25 persons.
    (3) Permit applications. Permit applications may be obtained at the 
Office of Public Affairs, National Capital Region, 1100 Ohio Drive SW., 
Washington, DC 20242. Applicants shall submit permit applications in 
writing on a form provided by the National Park Service so as to be 
received by the Regional Director at least 48 hours in advance of any 
proposed demonstration or special event. This 48-hour period will be 
waived by the Regional Director if the size and nature of the activity 
will not reasonably require the commitment of park resources or 
personnel in excess of that which are normally available or which can 
reasonably be made available within the necessary time period. The 
Regional Director shall accept permit applications only during the hours 
of 8 a.m.-4 p.m., Monday through Friday, holidays excepted. All 
demonstration applications, except those seeking waiver of the numerical 
limitations applicable to Lafayette Park (paragraph

[[Page 145]]

(g)(5)(ii) of this section), are deemed granted, subject to all 
limitations and restrictions applicable to said park area, unless denied 
within 24 hours of receipt. However, where a permit has been granted, or 
is deemed to have been granted pursuant to this subsection, the Regional 
Director may revoke that permit pursuant to paragraph (g)(6) of this 
section.
    (i) White House area. No permit may be issued authorizing 
demonstrations in the White House area, except for the White House 
sidewalk, Lafayette Park and the Ellipse. No permit may be issued 
authorizing special events, except for the Ellipse, and except for 
annual commemorative wreath-laying ceremonies relating to the statutes 
in Lafayette Park.
    (ii) Other park areas. No permits may be issued authorizing 
demonstrations or special events in the following other park areas:
    (A) The Washington Monument, which means the area enclosed within 
the inner circle that surrounds the Monument's base, except for the 
official annual commemorative Washington birthday ceremony.
    (B) The Lincoln Memorial, which means that portion of the park area 
which is on the same level or above the base of the large marble columns 
surrounding the structure, and the single series of marble stairs 
immediately adjacent to and below that level, except for the official 
annual commemorative Lincoln birthday ceremony.
    (C) The Jefferson Memorial, which means the circular portion of the 
Jefferson Memorial enclosed by the outermost series of columns, and all 
portions on the same levels or above the base of these columns, except 
for the official annual commemorative Jefferson birthday ceremony.
    (D) The Vietnam Veterans Memorial, except for official annual 
Memorial Day and Veterans Day commemorative ceremonies. Note: The 
darkened portions of the diagrams at the conclusion of paragraph (g) of 
this section show the areas where demonstrations or special events are 
prohibited.
    (4) Permit processing. (i) Permit applications for demonstrations 
and special events are processed in order of receipt, and the use of a 
particular area is allocated in order of receipt of fully executed 
applications, subject to the limitations set forth in this section. 
Provided, however, that the following national celebration events have 
priority use of the particular park area during the indicated period.
    (A) Christmas Pageant of Peace. In the oval portion of the Ellipse 
only, during approximately the last three weeks in December.
    (B) Cherry Blossom Festival. In the Japanese Lantern area adjacent 
to the Tidal Basin and on the Ellipse and the Washington Monument 
Grounds adjacent to Constitution Avenue, between 15th & 17th Streets 
NW., for six days usually in late March or early April.
    (C) Fourth of July Celebration. On the Washington Monument Grounds.
    (D) Festival of American Folklife. In the area bound on the south by 
Jefferson Drive NW.; on the north by Madison Drive NW.; on the east by 
7th Street NW.; on the west by 14th Street NW., for a two-week period in 
approximately late June and early July.
    (E) Columbus Day Commemorative Wreath-Laying. At the Columbus statue 
on the Union Plaza on Columbus Day.
    (F) Inaugural ceremonies. The White House sidewalk and Lafayette 
Park, exclusive of the northeast quadrant, for the exclusive use of the 
Inaugural Committee on Inauguration Day.
    (ii) Other demonstrations or special events are permitted in park 
areas under permit to the National Celebration Events listed in this 
paragraph to the extent that they do not significantly interfere with 
the National Celebration Events. No activity containing structures is 
permitted closer than 50 feet to another activity containing structures 
without the mutual consent of the sponsors of those activities.
    (iii) A permit may be denied in writing by the Regional Director 
upon the following grounds:
    (A) A fully executed prior application for the same time and place 
has been received, and a permit has been or will be granted authorizing 
activities which do not reasonably permit multiple occupancy of the 
particular area; in that event, an alternate site, if available for the 
activity, will be proposed by the Regional Director to the applicant.

[[Page 146]]

    (B) It reasonably appears that the proposed demonstration or special 
event will present a clear and present danger to the public safety, good 
order, or health.
    (C) The proposed demonstration or special event is of such a nature 
or duration that it cannot reasonably be accommodated in the particular 
area applied for; in that event, the Regional Director shall propose an 
alternate site to the applicant, if available for the activity; in this 
connection, the Regional Director shall reasonably take into account 
possible damage to the park, including trees, shrubbery, other 
plantings, park installations and statues.
    (D) The application proposes activities contrary to any of the 
provisions of this section or other applicable law or regulation.
    (5) Permit limitations. Issuance of a permit is subject to the 
following limitations:
    (i) No more than 750 persons are permitted to conduct a 
demonstration on the White House sidewalk at any one time.
    (ii) No more than 3,000 persons are permitted to conduct a 
demonstration in Lafayette Park at any one time.
    (A) The Regional Director may waive the 3,000 person limitation for 
Lafayette Park and/or the 750 person limitation for the White House 
Sidewalk upon a showing by the applicant that good faith efforts will be 
made to plan and marshal the demonstration in such a fashion so as to 
render unlikely any substantial risk of unreasonable disruption or 
violence.
    (B) In making a waiver determination, the Regional Director shall 
consider and the applicant shall furnish at least ten days in advance of 
the proposed demonstration, the functions the marshals will perform, the 
means by which they will be identified, and their method of 
communication with each other and the crowd. This requirement will be 
satisfied by completion and submission of the same form referred to in 
paragraph (g)(3) of this section.
    (iii) No permit will be issued for a demonstration on the White 
House Sidewalk and in Lafayette Park at the same time except when the 
organization, group, or other sponsor of such demonstration undertakes 
in good faith all reasonable action, including the provision of 
sufficient marshals, to insure good order and self-discipline in 
conducting such demonstration and any necessary movement of persons, so 
that the numerical limitations and waiver provisions described in 
paragraphs (g)(5) (i) and (ii) of this section are observed.
    (iv) No permit will be issued authorizing demonstrations or special 
events in excess of the time periods set out below: Provided, however, 
that the stated periods will be extended for demonstrations only, unless 
another application requests use of the particular area and said 
application precludes double occupancy:
    (A) White House area, except the Ellipse: Seven days.
    (B) The Ellipse and all other park areas: Three weeks.
    (v) The Regional Director may restrict demonstrations and special 
events weekdays (except holidays) between the hours of 7:00 to 9:30 a.m. 
and 4:00 to 6:30 p.m. if it reasonably appears necessary to avoid 
unreasonable interference with rush-hour traffic.
    (vi) Special events are not permitted unless approved by the 
Regional Director. In determining whether to approve a proposed special 
event, the Regional Director shall consider and base the determination 
upon the following criteria:
    (A) Whether the objectives and purposes of the proposed special 
event relate to and are within the basic mission and responsibilities of 
the National Capital Region, National Park Service.
    (B) Whether the park area requested is reasonably suited in terms of 
accessibility, size, and nature of the proposed special event.
    (C) Whether the proposed special event can be permitted within a 
reasonable budgetary allocation of National Park Service funds 
considering the event's public appeal, and the anticipated participation 
of the general public therein.
    (D) Whether the proposed event is duplicative of events previously 
offered in National Capital Region or elsewhere in or about Washington, 
DC.
    (E) Whether the activities contemplated for the proposed special

[[Page 147]]

event are in conformity with all applicable laws and regulations.
    (vii) In connection with permitted demonstrations or special events, 
temporary structures may be erected for the purpose of symbolizing a 
message or meeting logistical needs such as first aid facilities, lost 
children areas or the provision of shelter for electrical and other 
sensitive equipment or displays. Temporary structures may not be used 
outside designated camping areas for living accommodation activities 
such as sleeping, or making preparations to sleep (including the laying 
down of bedding for the purpose of sleeping), or storing personal 
belongings, or making any fire, or doing any digging or earth breaking 
or carrying on cooking activities. The above-listed activities 
constitute camping when it reasonably appears, in light of all the 
circumstances, that the participants, in conducting these activities, 
are in fact using the area as a living accommodation regardless of the 
intent of the participants or the nature of any other activities in 
which they may also be engaging. Temporary structures are permitted to 
the extent described above, provided prior notice has been given to the 
Regional Director, except that:
    (A) Structures are not permitted on the White House sidewalk.
    (B) All such temporary structures shall be erected in such a manner 
so as not to harm park resources unreasonably and shall be removed as 
soon as practicable after the conclusion of the permitted demonstration 
or special event.
    (C) The Regional Director may impose reasonable restrictions upon 
the use of temporary structures in the interest of protecting the park 
areas involved, traffic and public safety considerations, and other 
legitimate park value concerns.
    (D) Any structures utilized in a demonstration extending in duration 
beyond the time limitations specified in paragraphs (g)(5)(iv) (A) and 
(B) of this section shall be capable of being removed upon 24 hours 
notice and the site restored, or, the structure shall be secured in such 
a fashion so as not to interfere unreasonably with use of the park area 
by other permittees authorized under this section.
    (E) Individuals or groups of 25 persons or fewer demonstrating under 
the small group permit exemption of paragraph (g)(2)(i) of this section 
are not allowed to erect temporary structures other than small lecterns 
or speakers' platforms. This provision does not restrict the use of 
portable signs or banners.
    (viii) No signs or placards shall be permitted on the White House 
sidewalk except those made of cardboard, posterboard or cloth having 
dimensions no greater than three feet in width, twenty feet in length, 
and one-quarter inch in thickness. No supports shall be permitted for 
signs or placards except those made of wood having cross-sectional 
dimensions no greater than three-quarter of an inch by three-quarter of 
an inch. Stationary signs or placards shall be no closer than three feet 
from the White House sidewalk fence. All signs and placards shall be 
attended at all times that they remain on the White House sidewalk. 
Signs or placards shall be considered to be attended only when they are 
in physical contact with a person. No signs or placards shall be tied, 
fastened, or otherwise attached to or leaned against the White House 
fence, lamp posts or other structures on the White House sidewalk. No 
signs or placards shall be held, placed or set down on the center 
portion of the White House sidewalk, comprising ten yards on either side 
of the center point on the sidewalk; Provided, however, that individuals 
may demonstrate while carrying signs on that portion of the sidewalk if 
they continue to move along the sidewalk.
    (ix) No parcel, container, package, bundle or other property shall 
be placed or stored on the White House sidewalk or on the west sidewalk 
of East Executive Avenue NW., between Pennsylvania Avenue NW., and E 
Street NW., or on the north sidewalk of E Street NW., between East and 
West Executive Avenues NW.; Provided, however, that such property, 
except structures, may be momentarily placed or set down in the 
immediate presence of the owner on those sidewalks.
    (x) The following are prohibited in Lafayette Park:

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    (A) The erection, placement or use of structures of any kind except 
for the following:
    (1) Structures that are being hand-carried are allowed.
    (2) When one hundred (100) or more persons are participating in a 
demonstration in the Park, a temporary speaker's platform as is 
reasonably required to serve the demonstration participants is allowed 
as long as such platform is being erected, dismantled or used, provided 
that only one speaker's platform is allowed per demonstrating group, and 
provided further that such speaker's platform is authorized by a permit 
issued pursuant to paragraph (g) of this section.
    (3) When less than one hundred (100) persons are participating in a 
demonstration in the Park, a temporary ``soapbox'' speaker's platform is 
allowed as long as such platform is being erected, dismantled or used, 
providing that only one speaker's platform is allowed per demonstrating 
group, and provided further that the speaker's platform is no larger 
than three (3) feet in length, three (3) feet in width, and three (3) 
feet in height, and provided further that such speaker's platform is 
authorized by a permit issued pursuant to paragraph (g) of this section.
    (4) For the purpose of this section, the term ``structure'' includes 
props and displays, such as coffins, crates, crosses, theaters, cages, 
and statues; furniture and furnishings, such as desks, chairs, tables, 
bookcases, cabinets, platforms, podiums and lecterns; shelters, such as 
tents, boxes and other enclosures; wagons and carts; and all other 
similar types of property which might tend to harm park resources 
including aesthetic interests. Provided however that the term 
``structure'' does not include signs; bicycles, baby carriages and baby 
strollers lawfully in the Park that are temporarily placed in, or are 
being moved across, the Park, and that are attended at all times while 
in the Park (the term ``attended' is defined as an individual being 
within three (3) feet of his or her bicycle, baby carriage or baby 
stroller); and wheelchairs and other devices for the handicapped in use 
by handicapped persons.
    (B) The use of signs except for the following:
    (1) Hand-carried signs are allowed regardless of size.
    (2) Signs that are not being hand-carried and that are no larger 
than four (4) feet in length, four (4) feet in width and one-quarter 
(\1/4\) inch in thickness (exclusive of braces that are reasonably 
required to meet support and safety requirements and that are not used 
so as to form an enclosure of two (2) or more sides) may be used in 
Lafayette Park, provided that no individual may have more than two (2) 
such signs in the Park at any one time, and provided further that such 
signs must be attended at all times (the term ``attended' is defined as 
an individual being within three (3) feet of his or her sign(s)), and 
provided further that such signs may not be elevated in a manner so as 
to exceed a height of six (6) feet above the ground at their highest 
point, may not be arranged or combined in a manner so as to exceed the 
size limitations set forth in this paragraph, and may not be arranged in 
such a fashion as to form an enclosure of two (2) or more sides. For 
example, under this provision, two four-feet by four-feet signs may not 
be combined so as to create a sign eight feet long and four feet wide, 
and three such signs may not be arranged to create a sign four feet long 
and twelve feet wide, and two or more signs of any size may not be 
leaned or otherwise placed together so as to form an enclosure of two or 
more sides, etc.
    (xi) Stages and sound amplification may not be placed closer than 
one hundred (100) feet from the boundaries of the Vietnam Veterans 
Memorial and sound systems shall be directed away from the memorial at 
all times.
    (xii) Sound amplification equipment is allowed in connection with 
permitted demonstrations or special events, provided prior notice has 
been given to the Regional Director, except that:
    (A) Sound amplification equipment may not be used on the White House 
sidewalk, other than hand-portable sound amplification equipment which 
the Regional Director determines is necessary for crowd-control 
purposes.

[[Page 149]]

    (B) The Regional Director reserves the right to limit the sound 
amplification equipment so that it will not unreasonably disturb 
nonparticipating persons in, or in the vicinity of, the area.
    (xiii) A permit may contain additional reasonable conditions and 
additional time limitations, consistent with this section, in the 
interest of protecting park resources, the use of nearby areas by other 
persons, and other legitimate park value concerns.
    (xiv) A permit issued under this section does not authorize 
activities outside of areas under administration by the National Capital 
Region. Applicants may also be required to obtain a permit from the 
District of Columbia or other appropriate governmental entity for 
demonstrations or special events sought to be conducted either wholly or 
in part in other than park areas.
    (6) Permit revocation. A permit issued for a demonstration is 
revocable only upon a ground for which an application therefor would be 
subject to denial under paragraphs (g) (4) or (5) of this section. Any 
such revocation, prior to the conduct of the demonstration, shall be in 
writing and shall be approved by the Regional Director. During the 
conduct of a demonstration, a permit may be revoked by the ranking U.S. 
Park Police supervisory official in charge if continuation of the event 
presents a clear and present danger to the public safety, good order or 
health or for any violation of applicable law or regulation. A permit 
issued for a special event is revocable, at any time, in the reasonable 
discretion of the Regional Director.
    (7) Further information on administering these regulations can be 
found in policy statements published at 47 FR 24299, June 4, 1982, and 
at 47 FR 24302, June 4, 1982. Copies of the policy statements may be 
obtained from the Regional Director.

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[GRAPHIC] [TIFF OMITTED] TC26OC91.003


[[Page 151]]


[GRAPHIC] [TIFF OMITTED] TC26OC91.004

    (h) Soliciting. Soliciting or demanding gifts, money, goods or 
services is prohibited.
    (i) Camping. (1) Camping is defined as the use of park land for 
living accommodation purposes such as sleeping activities, or making 
preparations to sleep (including the laying down of bedding for the 
purpose of sleeping), or storing personal belongings, or making

[[Page 152]]

any fire, or using any tents or shelter or other structure or vehicle 
for sleeping or doing any digging or earth breaking or carrying on 
cooking activities. The above-listed activities constitute camping when 
it reasonably appears, in light of all the circumstances, that the 
participants, in conducting these activities, are in fact using the area 
as a living accommodation regardless of the intent of the participants 
or the nature of any other activities in which they may also be 
engaging. Camping is permitted only in areas designated by the 
Superintendent, who may establish limitations of time allowed for 
camping in any public campground. Upon the posting of such limitations 
in the campground, no person shall camp for a period longer than that 
specified for the particular campground.
    (2) Further information on administering these regulations can be 
found in policy statements published at 47 FR 24302 (June 4, 1982). 
Copies of the policy statements may be obtained from the Regional 
Director.
    (j)(1) In Lafayette Park the storage of construction material, 
tools, lumber, paint, tarps, bedding, luggage, pillows, sleeping bags, 
food, clothing, literature, papers and all other similar property is 
prohibited.
    (2) Notwithstanding (j)(1) of this section, a person in Lafayette 
Park may have literature, papers, food, clothing, blankets and a 
reasonable cover to protect such property, occupying up to three (3) 
cubic feet of space, so long as such property is attended at all times 
while in the Park (the term ``attended'' is defined as a person being 
within three (3) feet of his or her property).
    (k) Sales. (1) No sales shall be made nor admission fee charged and 
no article may be exposed for sale without a permit except as noted in 
the following paragraphs.
    (2) No merchandise may be sold during the conduct of special events 
or demonstrations except for books, newspapers, leaflets, pamphlets, 
buttons and bumper stickers. A permit is required for the sale or 
distribution of permitted merchandise when done with the aid of a stand 
or structure. Such stand or structure may consist of one table per site, 
which may be no larger than 2\1/2\ feet by 8 feet or 4 feet by 4 feet. 
The dimensions of a sales site may not exceed 6 feet wide by 15 feet 
long by 6 feet high. With or without a permit, such sale or distribution 
is prohibited in the following areas:
    (i) Lincoln Memorial area which is on the same level or above the 
base of the large marble columns surrounding the structure, and the 
single series of marble stairs immediately adjacent to and below that 
level.
    (ii) Jefferson Memorial area enclosed by the outermost series of 
columns, and all portions on the same levels or above the base of these 
columns.
    (iii) Washington Monument area enclosed within the inner circle that 
surrounds the Monument's base.
    (iv) The interior of all park buildings, including, but not limited 
to, those portions of Ford's Theatre administered by the National Park 
Service.
    (v) The White House Park area bounded on the north by H Street, NW; 
on the south by Constitution Avenue, NW; on the west by 17th Street, NW; 
and on the east by 15th Street, NW; except for Lafayette Park, the White 
House sidewalk (the south Pennsylvania Avenue, NW sidewalk between East 
and West Executive Avenues) and the Ellipse; Provided, however, that the 
free distribution of literature conducted without the aid of stands or 
structures, is permitted on East Executive Avenue.
    (vi) Vietnam Veterans Memorial area extending to and bounded by the 
south curb of Constitution Avenue on the north, the east curb of Henry 
Bacon Drive on the west, the north side of the north Reflecting Pool 
walkway on the south and a line drawn perpendicular to Constitution 
Avenue two hundred (200) feet from the east tip of the memorial wall on 
the east (this is also a line extended from the east side of the western 
concrete border of the steps to the west of the center steps to the 
Federal Reserve Building extending to the Reflecting Pool walkway); 
Provided, however, that the free distribution of literature conducted 
without the aid of stands or structures, is permitted on the 
Constitution Avenue and Henry Bacon Drive sidewalks adjacent to the 
Vietnam Veterans Memorial.

[[Page 153]]

    (3) Persons engaged in the sale or distribution of printed matter 
under this section shall not obstruct or impede pedestrians or vehicles, 
harass park visitors with physical contact, misrepresent the purposes or 
affiliations of those engaged in the sale or distribution, or 
misrepresent whether the printed matter is available without cost or 
donation.
    (l) Rock Creek Park. (1) Notwithstanding the provisions of 36 CFR 
5.1, the Superintendent of Rock Creek Park may permit the recognition of 
and the advertising by the primary sponsor or sponsors of not more than 
two professional tennis tournaments per year at the Rock Creek Tennis 
Center.
    (2) All activities conducted under this paragraph shall be 
appropriate to park values and consistent with the protection of park 
resources and shall comply with criteria specified in a written permit.
    (3) Any permit issued under this paragraph shall be valid only for 
those periods of time during which a professional tennis tournament is 
being held, and shall limit all advertising and recognition to the 
confines of the tennis stadium structure and the contiguous paved plaza, 
not to include any of the fields or paved parking lots except within the 
interior of permitted tents on Parking Lot A. These areas shall be 
marked on a map available in the Superintendent's office.
    (4) No advertising or recognition activities may take place without 
a written permit as specified in this paragraph. Any person who violates 
a provision of this paragraph is subject to the penalty provisions of 36 
CFR 1.3 and revocation of the permit if a permit exists.
    (m) Information collection. The information collection requirements 
contained in this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3507 and assigned clearance number 1024-0021. 
The information is being collected to provide notification to park 
managers, United States Park Police, Metropolitan Police, and the Secret 
Service of the plans of organizers of large-scale demonstrations and 
special events in order to assist in the provision of security and 
logistical support. This information will be used to further those 
purposes. The obligation is required to obtain a benefit.

[51 FR 37011, Oct. 17, 1986, as amended at 57 FR 4576, Feb. 6, 1992; 57 
FR 29797, July 7, 1992; 60 FR 17649, Apr. 7, 1995; 60 FR 33351, June 28, 
1995; 60 FR 55791, Nov. 3, 1995; 62 FR 30234, June 3, 1997; 62 FR 32203, 
June 13, 1997]




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