Mo. Code Regs. tit. 10 § 90-2.020

Current through Register Vol. 49, No. 23, December 2, 2024

Section 10 CSR 90-2.020 - Park Management

PURPOSE: This rule is established for controlled management of the natural resources within state parks and for the safety and welfare of the visiting public, thus permitting every individual a pleasant experience.

(1) Animals. No person shall molest, harm, frighten, kill, trap, hunt, chase, capture, shoot or throw missiles at any animal; nor shall any person remove or have in their possession the young of any animal; nor shall any person collect, remove, have in their possession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen, alive or dead, any animal; nor shall any person, agency, or organization purposefully release any animal that was obtained outside state park boundaries within any state park or historic site without written permission from the director. Animals may be collected or used for scientific purposes only by holders of a current Scientific Research Permit that was issued according to division policy: Scientific Research Permit Process. Exceptions include: animals used for interpretive or educational purposes under the guidance of division employees in accordance with that policy; insects, ticks, chiggers causing or about to cause harm to any person; and the taking of animals as provided for by holders of a fishing license under the applicable provisions of the Wildlife Code and as otherwise posted.

(2) Public Sales. Public sales shall not be permitted in, or on, property owned or operated by the division without proper authorization. This applies to all public sales and includes the property of an employee whether employed, terminated, resigned or retired, and also includes concessionaires whose contracts have been broken or terminated.

(3) Fireworks. Possessing, exploding, discharging or burning within, or bringing into any state park or historic site firecrackers, torpedoes, rockets or other fireworks or explosives of flammable material or any other substance, compound, mixture or article that in conjunction with other substances or compounds would be explosive or flammable or discharging or throwing fireworks or other explosive or flammable materials into the park area from lands adjacent thereto is prohibited without written permission from the director.

(4) Public Speeches, Gatherings, Performances, etc. Organized activities are permitted providing the person(s) or representatives of the requested activity meet minimum management and operational criteria of the respective state park or historic site. Such activities include but are not limited to: any political party, social club or society, office aspirant, religious sect, circus or theatrical group, or other public exhibition, debate, drill or parade, musicians, weddings, public speeches, and performance of any act or ceremony. Such activities require the written permission of the facility manager. Procedures for requesting permission, defining the scope and nature of the activity, limits and restrictions, and approval/disapproval notification are specified in the division's policy manual.

(5) Contributions. No person shall solicit contributions for any purpose, whether public or private, in any state park or historic site without the written consent of the director or designee.

(6) Vending, Peddling, etc. No person shall sell or offer for sale, hire, lease or let out any other thing or engage in any business or erect any building, booth, tent, stall or any other structure whatsoever whether temporary or permanent within any state park or historic site, without written permission from the director. Exception is made to any regularly licensed concessionaire acting by and under authority and regulation of the Department of Natural Resources and providing food, goods and services for the benefit of the public. Any licensed concessionaire may waive, in writing, their exclusive privilege to provide food, goods, and services.

(7) Signs.

(A) Official Signs. Any sign, posted by park staff necessary for the safety of visitors or maintenance of the facility, in any state park or historic site which requires or prohibits certain conduct of persons or vehicles shall be obeyed.

(B) Other Signs. No sign, notice or advertisement of any nature shall be erected without permission from the facility manager or designee.

(8) Broadcasts. No musical instrument, radio, tape recording, television or sound track shall be operated or any noise made for the purpose of attracting attention to any person, political party, religious institution or meetings or assemblies thereof, or for the purpose of demonstrating, advertising or calling attention to any article or service for sale or hire within a state park or historic site, without proper authorization.

(9) Disorderly Conduct. No person shall disobey a reasonable order of a facility manager, ranger, caretaker or other authorized park staff; commit a nuisance, use abusive language or unreasonably disturb or annoy others within a state park or historic site. An example of an unreasonable disturbance or annoyance is the operation of any music making or noise-making device at a volume determined by authorized personnel to be excessive.

(10) Refuse and Trash. No person shall deposit in any part of any state park or historic site any garbage, sewage, refuse, waste, fruit, vegetables, foodstuffs, boxes, cans, bottles, jars, paper, or other litter, waste materials or obnoxious materials, except in containers or places designated for these purposes. Any material so disposed of shall have been generated at that state park or historic site and shall not have been brought into the area only for disposal. The facility manager shall have the authority to establish a disposal fee, by written policy, for sewage disposal at approved locations and by approved methods. The fee shall be waived for campers using the facilities campground.

(11) Pollution of Waters. No person shall throw, discharge or otherwise place or cause to be placed in the waters of any pool, fountain, pond, lake, stream or other body of water in or adjacent to any state park or historic site, or any tributary, stream, storm sewer or drain flowing into the waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of waters. No person shall dump or deposit any bottles, broken glass, ashes, papers, boxes, cans, waste, garbage or other trash in any waters in or contiguous to any state park or historic site.

(12) Pets and Animals at Large.

(A) No person shall allow any domestic or other animal under his/her control or ownership to range within any state park or historic site unless restrained by a leash not longer than ten feet held by a person capable of restraining a pet or firmly affixed to some stationary object so as to prevent the animal from ranging at large. Controlling an animal by using an electric collar does not meet the requirements of this rule or state law. Except for dogs assisting persons with disabilities, no domestic household or other animal shall be allowed inside any state park or historic site building under the control of either the division or a concessionaire licensed by the Department of Natural Resources unless permission is granted by the director. Park staff are authorized to capture and take any animals running at large to a local veterinarian, animal shelter, or animal impound. If the owner can be identified, the owner is responsible for all necessary fees involving the capture and impounding of the animal.

(B) Park staff, and specifically when possible park rangers, shall investigate all animal bites or attacks and recommend a classification of the incident and a determination concerning each reported animal bite or attack.

1. The investigating staff member shall determine if the bite/attack was accidental or non-accidental. If non-accidental, the animal shall be determined to be dangerous or vicious. No animal is considered dangerous or vicious if the approach, injury, or damage was sustained by a person who was tormenting, abusing, or assaulting the animal; or was committing or attempting to commit a crime or intentional tort which would warrant immediate defense of person or property.

2. All animals involved in bites or attacks are subject to immediate impoundment by the investigating park personnel. Park staff or peace officers are authorized to use lethal force to apprehend animals involved in a bite or attack. Such lethal force shall be in compliance with such agency's policies and procedures.

3. Owners of animals are subject to fines, penalties, and any necessary capture, disease tests, impound, quarantine fees, and medical bills incurred by park staff for the animal's removal. Owners are required to report bites or attacks to park personnel.

(13) Traffic.

(A) All applicable provisions of state laws and rules regulating the equipment and operation of motor vehicles on Missouri highways will be strictly enforced in the parks and historic sites. Motorized self-propelled vehicles or equipment may be operated only on park roads and thoroughfares unless otherwise permitted by park staff. No person shall drive a vehicle in a Missouri state park or historic site in excess of 20 miles per hour, unless otherwise posted. Powered-mobility vehicles used to transport persons with disabilities are permitted on park/site trails, boardwalks, and other accesses where suitably designed.

(B) Those sections in Chapter 300, RSMo, as may hereafter be amended, not inconsistent with sections 253.150 to 253.170, RSMo are hereby adopted by reference for Missouri state parks and historic sites. The penalties for violations of these sections are described in 253.170, RSMo.

(14) Park Rangers, Appointment, Powers as Peace Officers. Park Rangers and commissioned facility managers, employed as peace officers by the division under the authority of 253.065, RSMo, are empowered to enforce the provisions of 10 CSR 90-2.010 through 10 CSR 90-2.060 and all applicable state laws.

(15) Parking.

(A) Parking areas are designed and developed within state parks and historic sites specifically for the use of state park and historic site visitors only; and shall accommodate only those vehicles driven or chartered by park or historic site visitors. Open containers of intoxicating liquor and/or non-intoxicating beer are prohibited in parking areas or other areas as designated by the division director.

(B) The division hereby establishes parking spaces for persons with disabilities when their vehicles display a license or placard as defined in 301.071 or 301.142, RSMo. Said spaces shall be marked as indicated in 301.143, RSMo. Misuse of these spaces are a violation of state law and are punishable under state law.

(16) Enforcement. It is the responsibility of the facility manager and all other park staff as assigned to administer, enforce and encourage compliance with all the provisions of 10 CSR 90-2.010 through 10 CSR 90-2.060, all other rules, division policies, and state statutes as they apply to state parks in general.

(17) Discharging Weapons. The discharging of any device which propels an object, including, but not limited to rifles, pistols, shotguns, BB guns, paintball guns, bow and arrows, sling shots, or any devices which use burning powder, explosives, compressed gases is prohibited, except in areas designated by the director. This does not apply to acts of self-defense or to peace officers or park staff acting in the line of duty.

(18) Cabins and Other Lodgings. The division or a concessionaire may administer policies governing the use and rental of cabins and other lodgings designed to improve management, protect the resources, or assist with our mission for providing a safe, pleasant, recreational experience based on the needs of a facility. There shall be minimum rules for all cabins and other lodging which shall include check-in and checkout times, prohibitions against disorderly conduct, and hours to maintain quiet. Such rules shall be approved by the director and posted in each rental unit.

10 CSR 90-2.020

AUTHORITY: section 253.035, RSMo 2000.* Original rule filed May 17, 1954, effective 5/27/1954. Amended: Filed Nov. 24, 1959, effective 12/3/1959. Amended: Filed Jan. 16, 1963, effective 1/26/1963. Amended: Filed Dec. 31, 1975, effective 1/10/1976. Amended: Filed May 23, 1977, effective 10/13/1977. Amended: Filed June 10, 1981, effective 9/11/1981. Amended: Filed Dec. 14, 1983, effective 3/12/1984. Amended: Filed March 18, 1987, effective 7/23/1987. Emergency amendment filed April 10, 1987, effective 4/20/1987, expired 7/15/1987. Emergency amendment filed Aug. 5, 1987, effective 8/15/1987, expired 12/15/1987. Amended: Filed Aug. 5, 1987, effective 12/12/1987. Rescinded and readopted: Filed Oct. 26, 2000, effective 6/30/2001.

*Original authority: 253.035, RSMo 1961, amended 1967, 1983, 1993, 1995.