Section 0690-06-01-.03 - GENERAL PROCEDURES(1) The following rules shall apply to the use, administration, and operation of the Plaza and Courtyard:(a) Stepping or climbing upon statues, monuments, fences, lighting fixtures, light wells, trees, or parts of the Plaza or Courtyard not intended for such purposes is not permitted.(b) Entering, wading, or swimming in any fountains is not permitted. Submerging personal belongings into the fountains is also not permitted.(c) Vehicles, bicycles, skates, skateboards, sleds or similar devices shall not be used or operated on the Plaza or Courtyard. Persons with disabilities or mobility impairment, however, may use wheelchairs, scooters, or other similar devices designed for use by persons with disabilities or mobility impairments necessitating such use.(d) Alcoholic beverages shall not be dispensed or consumed on the Plaza or Courtyard, unless all permits required by state and local law have been obtained and prior written approval has been granted by the Department of General Services. This approval may be obtained following the procedure outlined in part 0690-06-01-.04 of these rules.(e) Open flames or fuel are not permitted on the Plaza or Courtyard, unless all permits required by state and local law have been obtained and prior written approval has been granted by the Department of General Services. This approval may be obtained following the procedure outlined in part 0690-06-01-.04 of these rules.(f) Use of any electrical outlets located on the Plaza or Courtyard is not permitted, unless prior written approval has been granted by the Department of General Services or the Capitol Facility Administrator. This approval may be obtained following the procedure outlined in part 0690-06-01-.04 of these rules.(g) Use of the water hose connections and water spigots located on the Plaza or Courtyard is not permitted, unless prior written approval has been granted by the Department of General Services or the Capitol Facility Administrator. This approval may be obtained following the procedure outlined in part 0690-06-01-.04 of these rules.(h) Picketing or the distribution of literature shall not impede or interfere with state business or public access to and use of the Plaza or Courtyard. In order to inform persons or groups of the procedures for the use of the Plaza and Courtyard, it is recommended, but not required, that persons or groups desiring to picket or distribute literature on the Plaza or Courtyard provide the date and time of this activity to the Capitol Facility Administrator.(i) Camping or sleeping overnight on the Plaza or Courtyard is not permitted.1. Camping is defined as the use of the Plaza or Courtyard for living accommodation activities such as:(i) Sleeping or making preparations to sleep (including the laying down of bedding for the purpose of sleeping);(ii) Storing belongings for future use (e.g. food for consumption in the future);(iv) Using any tent or shelter or other structure or vehicle for living accommodation activities such as sleeping; or(v) Carrying on cooking activities.2. These activities constitute camping when it reasonably appears in light of all of 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.(j) In order to maintain the security, safety and aesthetic appearance of the Plaza and Courtyard and to provide for regular maintenance, no improvements or alterations, such as stages and reviewing stands may be erected, unless prior approval has been granted in writing by the Capitol Facility Administrator prior to the erection of any structures.(k) In case of fire, bomb threat, utility malfunction, structural failure, severe weather or any other unforeseen emergency or threat to public safety or health, the Department of Safety or the Capitol Facility Administrator may evacuate the Plaza or Courtyard and deny access to the Plaza or Courtyard for the duration of the emergency or threat to public safety or health.(l) Defacing or damaging the Plaza or Courtyard, which includes, but is not limited to, trees, shrubbery, flowers, lawns, surfaces, sidewalks, fences, lighting fixtures, light wells, fire hydrants, benches, statues, monuments and plaques, is not permitted. Likewise, defacing or damaging the walls and surfaces of the Plaza or Courtyard, which include but are not limited to, the entrances, porches and staircases, is not permitted.(m) Due to the presence of underground utility, electrical and drainage lines, and the protective covering of the subterranean Legislative Plaza area, no object shall be driven into the surface or ground of the Plaza or Courtyard.(n) Due to the fact that many of the stones on the Plaza and Courtyard are supported on only their corners and will break if this weight limit is exceeded, items or equipment placed on the Plaza or Courtyard weighing more than four-hundred-and-fifty (450) pounds per stone are not permitted.(o) Any metal or stone item or equipment brought onto the Plaza or Courtyard must have a rubber or wood buffer to prevent damage to the Plaza and Courtyard stones.(p) Equipment or structures of any kind brought onto the Plaza or Courtyard in connection with an event shall be removed entirely at the conclusion of the event by the persons or group conducting the event.(q) A person or group shall not remove state property from the Plaza or Courtyard, unless the removal has been previously authorized in writing by the Department of General Services.(r) Any person who refuses to adhere to these conditions shall be subject to, in addition to criminal penalties provided by law, immediate removal from the Plaza or Courtyard by the Capitol Facility Administrator or any other person designated by the Capitol Facility Administrator.(s) Nothing contained herein shall be construed as limiting prosecution under any existing or future law.(t) Nothing contained herein is intended to supersede or negate any other state and federal laws or administrative rules.Tenn. Comp. R. & Regs. 0690-06-01-.03
Original rule filed August 22, 2012; effective November 20, 2012.Authority: T.C.A. §§ 4-3-1105(8), (11) and (12); and 39-14-414.