Ala. Admin. Code r. 220-2-.37

Current through Register Vol. 43, No. 1, October 31, 2024

Section 220-2-.37 - Restricted Use Of Public Access Areas

(1) Definition: Unless the context clearly indicates otherwise, in this regulation, the term "public access area" shall include any state-owned, leased, and/or operated boat launching and/or landing access area, parking lot, ramp, pier, and any real or personal property within the boundaries of said areas.

(2) Picnicking, except at tables provided, and camping are prohibited at all public access areas. Swimming or any other activities, to the extent that swimming or any other activity may interfere with the intended use of any public access area by the public, are forbidden; provided, however, that in any event it shall be unlawful to swim or wade within fifty (50) feet of any ramp at any public access area.

(3) The mooring of boats, houseboats and other watercraft is forbidden at all public access areas. In addition, the dry-docking, storage, or abandonment, of any type of vessel, vehicle, or other personal property item, is prohibited at all public access areas.

(4) Public access areas are for the use of the pleasure boating, hunting and fishing public in general only. No commercial, industrial or construction equipment such as barges, dredges, etc., are to be loaded or unloaded without the specific written authorization of the Commissioner of Conservation and Natural Resources.

(5) Persons using public access areas shall park their vehicles and/or trailers in designated parking areas or, when areas are not designated, in such a way so as not to block any part of the ramp or pier or approach to the ramp or pier or interfere with the use of the public access area by other persons.

(6) It shall be unlawful to discharge firearms on all public access areas.

(7) Defacing or Destroying State Property - Any person who litters, defaces or destroys any real or personal property on any of the public access areas or any property belonging to the State of Alabama in any of the public access areas, shall be in violation of this regulation.

(8) Only licensed vehicles shall be allowed on public access areas, except that mobility-impaired persons may utilize other power-driven mobility devices (subject to the applicable assessment factors), pursuant to and in accordance with the Americans with Disabilities Act of 1990 and 28 CFR 35.137. Off-road traffic is prohibited. Nothing in this regulation shall prevent the use of properly licensed motorcycles on public access area roads or parking lots.

(9) Soliciting or Advertising on Public Access Areas - No person shall solicit, sell, advertise, or install any sign on any public access area without the written authorization of the Commissioner of Conservation and Natural Resources.

(10) It shall be unlawful for any unauthorized person(s) to build, tend, or maintain any fire at any public access area.

(11) Except as otherwise permitted by written permission of the Commissioner of the Department of Conservation and Natural Resources, it is hereby made unlawful for any person to cut, destroy, damage or remove any such tree, bush, shrub, plant or flower growing at any public access area.

(12) Personal Injuries or Accidents - The Department of Conservation and Natural Resources shall not be responsible for any accident or injury to any person while at or in public facilities. Any person coming within the boundaries of the public access areas shall, by such entrance or use, waive any claim against the State of Alabama, its employees, or its agents for any accident or injury to person or property occurring while on or within the said public access areas.

(13) It shall be unlawful for any person or persons to consume alcoholic beverages at any public access area.

Ala. Admin. Code r. 220-2-.37

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/23/2014.

Author: N. Gunter Guy, Jr.

Statutory Authority:Code of Ala. 1975, §§ 9-2-7, 9-2-8, 9-2-12.

PENALTY: As provided by law.