other riding or draft animal, a person who pushes, draws or propels a vehicle, and the operator of a motor-propelled vehicle.

(k) The term "horse" means any riding or draft animal or beast of burden. (1) The term "park road" means any street, road, highway or public thoroughfare in any Federal area covered by this part.

(m) The term "vehicle" means any conveyance or animal customarily used for the purpose of riding or driving.

(n) The term "commercial vehicle" means any vehicle designed or used for carrying freight or merchandise for or without hire.

(o) The term "parking" means any vehicle left standing, whether or not attended, except when standing in obedience to traffic regulations, signs or signals, or to a police officer.

[24 F.R. 11014, Dec. 30, 1959; 31 F.R. 16655, Dec. 29, 1966, as amended at 36 F.R. 20512, Oct. 23, 1971]

§ 50.5 Penalties.

(a) Regulations in this part. Any person violating any of the provisions of this part, except violations of traffic and motor vehicle regulations in park areas in the District of Columbia, shall, upon conviction thereof, be punished by a fine of not more than $500 or imprisonment for not exceeding six months or both.

(b) Traffic violations in District of Columbia. Any person violating any of the provisions of the traffic and motor vehicle regulations contained in this part in park areas in the District of Columbia, except where a penalty is otherwise provided, shall, upon conviction thereof, be punished by a fine of not more than $300 or imprisonment of not more than 10 days or both.

(c) Statutes; other applicable regulations. Any person violating any act of Congress or State law adopted pursuant to an act of Congress or rule or regulation promulgated by other Federal officials, the Commissioners of the District of Columbia, or other municipal officials, which is in force and applicable to any area covered by this part shall, upon conviction, be punished in accordance with the penalty provisions of such act, rule or regulation.

(d) Violation of terms of permits. Any person violating any of the terms of the official permit referred to in § 50.19 shall be deemed to be in violation of that section and shall, upon conviction thereof, be punished by a fine of not more

than $500 or imprisonment for not exceeding 6 months, or both.

[24 FR 11014, Dec. 30, 1959, as amended at 31 FR 6264, Apr. 23, 1966]

§ 50.7 Federal property; miscellaneous provisions.

(a) Statues and other structures. No person shall climb upon or in any way injure any statue, fountain, wall, banister, ledge, fence, balustrade, railing or other structure.

(b) Water system. No person shall tamper with drinking fountains, hydrants, or other water system facilities.

(c) Life buoys. No person shall tamper with or remove life buoys from their fastenings except for the purpose of alding a person who is in danger of drowning.

(d) Injury to lawns. No person shall make any use of lawn areas which tends to injure the lawns in any manner. This section shall not be construed to prohibit casual strolling over lawn areas.

(e) Short cuts. No person shall make short cuts across lawn areas which tend to make paths. Hikers and horseback riders shall not make short cuts, but must confine themselves to the established trail.

(f) Signs. No person shall tamper with, mar, remove or destroy any official or public sign.

(g) Dumping. No person shall dump any material or refuse of any description in any area covered by this part, except pursuant to the provisions of an official permit.

(h) Storage. No person shall store material of any description, or displace, leave, house, or permit to be placed or left in any area covered by this part any vehicle or parts of vehicles, or rubbish of any description, except pursuant to the provisions of an official permit.

No

(1) Fences and other structures. person shall enclose any area covered by this part or erect any fence, wall, or build any trail, road, bridge or other structure in any area covered by this part, except pursuant to the provisions of an official permit.

(j) Spilling of deleterious substance. No person shall pour or cause to spill or permit to escape in any area covered by this part any oil, gas, salt, acid or other deleterious substance whether liquid, solid or gaseous, except pursuant to the provisions of an official permit.

(k) Other injury or removal. Any other injury to or removal of any Fed

eral property, except under authority of law, is prohibited.

(1) Historic structures and remains. The destruction, injury, defacement, removal, or disturbance in any manner of any historic structure, ruins, relics, artifacts or remains is prohibited. Any such object removed in violation of this section shall be delivered to the Superintendent or his representative on demand.

(m) Soils, rocks, and minerals. The destruction, injury, defacement, removal, or disturbance in any manner of any soil, rock, mineral formation, or phenomenon of crystallization is prohibited. provisions of this section do not pertain to construction projects authorized by the Superintendent.

The

§ 50.8 Lamps and lamp posts in park

areas.

(a) No person shall break, damage, or carry away any lantern, glass, frame, street designation, fixture, or other part or appurtenance of any public lamp; or hitch, tie or fasten any animal to any lamp post or appurtenance thereof.

(b) No person shall take up or carry away any public lamp post, or extinguish or obstruct the light in any public lamp, or cap or plug the service pipe of any public lamp.

(c) No person shall climb, damage or destroy any public lamp post, or attach any guy line or sign thereto, or deface any public lamp post or appurtenance thereof by means of lime, mortar, paint, or other material; or pile material of any kind against any public lamp post. $ 50.9 Comfort stations and other struc

tures.

(a) No person shall enter, remain, or loiter in any comfort station or other public structure in a park area except to use such facility for the purpose for which it is intended.

(b) No person shall deposit any body waste in or on any portion of any comfort station or other public structure in a park area excepting directly into such particular fixtures as may be provided for that purpose, nor place any bottle, can, cloth, rag, or metal, wood, or stone substance in any of the plumbing fixtures in such station or structure.

(c) In a comfort station or other public structure in a park area, no person shall interfere with any attendant in the performance of his or her duty.

(d) No person shall cut, deface, mar, destroy, or break, or write on or scratch

any wall, floor, ceiling, partition, fixture, or furniture, or use towels in any improper manner, or waste soap, toilet paper, or any of the facilities provided in any comfort station or other public structure in a park area.

§ 50.10 Trees, shrubs, plants, grass and other vegetation.

(a) General injury. No person shall prune, cut, carry away, pull up, dig, fell, bore, chop, saw, chip, pick, move, sever, climb, molest, take, break, deface, destroy, set fire to, burn, scorch, carve, paint, mark, or in any manner interfere with, tamper, mutilate, misuse, disturb or damage any tree, shrub, plant, grass, flower, or part thereof, nor shall any person permit any chemical, whether solid, fluid, or gaseous, to seep, drip, drain or be emptied, sprayed, dusted or injected upon, about or into any tree, shrub, plant, grass, flower, or part thereof, except when specifically authorized by competent authority; nor shall any person build fires, or station, or use any tar kettle, heater, road roller or other engine within an area covered by this part in such a manner that the vapor, fumes or heat therefrom may injure any tree or other vegetation.

CROSS REFERENCE: For parking which may impair vegetation and trees, see § 50.33 (a) (1) and (8).

(b) Animals. No person shall hitch, tie or fasten any horse or other animal to, or within reach of, any tree, shrub, plant, tree box or tree guard.

CROSS REFERENCE: For regulations with respect to domestic animals, see also §§ 50.11 and 50.13.

(c) Attachments. No person shall hitch, tie, fasten, nail, anchor, screw or otherwise attach any wire, cable, chain, rope, card, sign, poster advertisement, notice, announcement, handbill, board or other article or device to any tree, shrub or plant, without first obtaining an official permit.

(d) Excavations. No person shall excavate any ditches, tunnels, holes or trenches, or lay any sewer or pipe line, drain, conduit or cable, walk, path, drive or highway within or affecting any park area, without first obtaining an official permit. In making permitted excavations proper care shall be taken to prevent injury to the roots of trees, shrubs, or plants. Upon completion of the work, the ground surface shall be restored by the permittee and the correction of any

future settling of the back fill shall likewise be the responsibility of the permittee.

(e) Guards. All trees, shrubs, or other plants growing within any park area near any excavation or construction of any kind, shall be protected with a substantial and adequate guard constructed by the permittee.

(f) Gas. Any person owning or operating beneath the ground, in or adjacent to park areas, any pipes or other conduits for the transmission or delivery of illuminating gas, oil, steam, or other substance in liquid or gaseous form, shall locate and maintain such pipes or conduits free from leaks and in such condition as to prevent injury to any tree, shrub, plant, lawn, or other vegetation growing within park areas.

(g) Wires. No person shall string any wire or wires through or above any park areas; nor prune or remove branches or trees which may now or hereafter interfere, rub or grow near existing wires; nor attach any wire, insulator or device to trees or within any area covered by the root system of trees, without first obtaining an official permit. Any person having jurisdiction or control over any wire or conduit for the transmission of an electric current shall guard all trees through which such wires or conduits pass, against any injury from the wires or the electric current carried thereby. The device or means used shall, in each case, be of a type approved by the Superintendent.

(h) Planting. No person shall plant or cause to be planted any tree, shrub or plant within a park area without first obtaining an official permit.

(i) Adjacent trees. Any tree, shrub or plant growing upon private property and which overhangs any park area in such a way as to present a hazard or impede, obstruct or interfere with traffic, travel or park use shall be trimmed, removed, braced, or otherwise treated by the owner of the premises on which such tree, shrub or plant is located, in a manner prescribed by the Superintendent. In an emergency, the Superintendent is empowered to enter such premises and to trim, remove, brace or otherwise treat any tree which is deemed hazardous to park travel or use, in such a manner that the hazard shall be eliminated.

ginia, relating to licenses and muzzles shall apply to dogs in the park areas located within the geographical limits of the respective jurisdiction.

(b) No dog or cat, unless caged or on a leash not more than six feet long and entirely under control, shall be taken into or exercised in park areas: Provided, That in special cases the Director may authorize the keeping of dogs, cats and livestock by park residents under such conditions as he may prescribe.

(c) No dog or cat shall be permitted by the person exercising or walking the animal to commit any nuisance on playgrounds, trees, shrubs, plants, lawns, sidewalks, footpaths, or in flower beds, buildings, or in any other park area, except in park roadways.

(d) Livestock and dogs trespassing on any land of the United States in the National Capital Park System may be impounded and shall be disposed of in accordance with State or District of Columbia statutes insofar as the same may be applicable.

(a) A horse shall not be left unbridled or unattended in any park area without being securely fastened, unless harnessed to a vehicle with wheels so secured as to prevent its being dragged faster than a walk.

(b) A driver shall continuously hold the reins in his hand while riding, driving or leading a horse within a park area.

(c) No more than two horses abreast shall be permitted on the bridle paths in any park area.

(d) Horses shall not be allowed to move over any park area other than those specifically designated for horse exercise.

(e) Fast or reckless riding or driving of horses in any park area is prohibited. Equestrians shall be careful to come down to a walk or slow trot before passing pedestrians.

(f) Horseback riding on the towpath of the Chesapeake and Ohio Canal between Rock Creek and Swain's Lock (Lock 21) is prohibited without special permit.

CROSS REFERENCE: For regulations prohibiting the tying of horses or other animals to lamp posts or trees, see §§ 50.8(a) and 50.10 (b), respectively.

(a) Picnicking. Picnicking is permitted only in areas designated for such use.

(b) Permits. Persons holding official permits for the use of established picnic groves in certain park areas shall be entitled to the exclusive use of such groves on the dates and between the hours specified in the permits. All persons not holding permits shall be required to vacate the groves upon the arrival of permit holders.

(c) Garbage. Picnic groves in park areas shall be left in a clean condition by persons using the groves. Garbage and refuse of all kinds shall be placed in receptacles provided for the purpose. § 50.15

Athletics.

(a) Permits for set games. Playing baseball, football, croquet, tennis, and other set games or sports in park areas except under official permit and upon the grounds provided for such purpose, is prohibited.

(b) Wet grounds. Persons holding official permits to engage in games and sports at certain times and at places authorized for this use in park areas 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.

(c) Golf and tennis; fees. No person shall use golf and tennis facilities in park areas except by payment of the prescribed fee, if one is required, and in compliance with regulations approved by the Director. Use of public golf and tennis facilities is restricted to authorized players and persons accompanying them; trespassing, intimidating, harassing or otherwise interfering with authorized golf players, or interfering with the play of tennis players is prohibited.

(d) Archery. No bows and arrows shall be permitted in park areas, with the exception stated in § 50.49, except in places designated by order of the Superintendent.

(e) Ice skating. When ice is forming on the Tidal Basin, the Reflecting Pool, and other bodies of water within park areas, all persons shall abide by the directions of the Park Police as to when

and where the ice shall be available for skating. When skating is allowed, all persons shall be under obligation to refrain from fast and reckless skating when such skating might endanger the life or limb of other persons.

$ 50.16 Model planes.

No model powered plane shall be flown from any park area unless authorized by an official permit.

§ 50.17 Gambling.

Gambling in any form, or the operation of gambling devices whether for merchandise or otherwise in park areas, is prohibited.

§ 50.18 Hunting and fishing.

(a) Hunting in park areas prohibited. The parks are sanctuaries for wildlife of every sort and no person shall at any time or at any place within a park area, trap, catch, kill, injure, or pursue any wild birds or wild animals, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, or destroy, remove or disturb the nest or eggs of any wild bird. The Superintendent is authorized to take necessary action to capture or destroy wildlife which is damaging Government property.

(b) Unauthorized possession of wildlife. Unauthorized possession within a park area of any live wild bird or animal, or the dead body or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same, are guilty of violating this section.

(c) Fishing in park areas in Maryland and Virginia. Persons fishing in areas under the jurisdiction of the National Park Service, lying within the geographical limits of Maryland or Virginia, must be licensed by and comply with the applicable State laws.

(d) Fishing in park areas in the District of Columbia. Persons fishing in waters in the District of Columbia controlled by the Secretary of the Interior shall comply with the fishing regulations for the District of Columbia approved by the Secretary of the Interior and adopted by the Commissioners of the District of Columbia.

(e) Closing of waters. During a period of emergency, just prior to and during special ceremonial events or competitive aquatic events, adjacent to docks and floats, or to prevent over-use by fishermen of waters open to fishing in areas

administered by National Capital Parks, the Superintendent, in his discretion, may close to fishing all or any part of such open waters for such periods of time as may be necessary. Provided, the notice thereof shall be given by the posting of appropriate signs, notices, and markers. Fishing in Prince William Forest Park shall be prohibited in areas designated for swimming, boating, or other public use, such areas to be designated by posting of signs.

§ 50.19 Public gatherings.

(a) Definitions:

(1) The term "public gatherings" includes, but is not limited to, demonstrations, picketing, speechmaking, holding of vigils, parades, ceremonies, meetings, entertainment and all other forms of public assembly.

(2) 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.; on the east, 15th Street NW.; and on the west, 17th Street NW.

(3) The term "White House sidewalk" means the south sidewalk of Pennsylvania Avenue NW., between East and West Executive Avenues NW.

(4) The term "park areas" shall include all areas, including sidewalks adjacent thereto, other than the White House area, administered by National Capital Parks of the National Park Service.

(5) The term "NPS event" means any celebration, commemorative, or recreational event sponsored or co-sponsored by the National Park Service.

(b) Public gatherings, other than NPS events, may be held only pursuant to a valid official permit issued in accordance with the provisions of this section. NPS events are excepted from the operation of this section. They will not require official permits; may be held in any park area or the White House area; and may preempt any such areas to the exclusion of other public gatherings.

(c) Speaker's stands or platforms may be erected, where needed, as adjuncts to any permitted public gathering, except on the White House sidewalk; but no other structures (including billboards, displays, etc.) may be erected on park lands except in connection with NPS events. All such structures shall be erected as inconspicuously as possible, and with least possible damage to basic

National Park System values, and shall be dismantled as soon as practicable after conclusion of the public gathering.

(d) In connection with permitted public gatherings, except on the White House sidewalk, movable facilities such as stands, lecterns, sound amplification equipment, chairs, portable sanitary facilities, and press and news facilitiesreasonably necessary as an integral part of a public gathering, shall be permitted, provided prior notice has been given to the Superintendent, except that:

(1) The Superintendent 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.

(2) No sound amplification equipment shall be used on the White House sidewalk, other than hand-portable sound amplification equipment which the Superintendent determines, in the exercise of his judgment, is necessary for crowd control purposes.

(3) The Superintendent may impose reasonable restrictions upon the moveable facilities permitted, in the interest of protecting the park area involved for the primary park purpose to which it has been dedicated, traffic considerations, and other legitimate park value concerns.

(e) Permit applications shall be submitted to the General Superintendent, National Capital Parks, National Park Service, 1100 Ohio Drive, SW., Washington, D.C. 20243:

(1) White House Area: Permit applications shall be submitted in writing on a form provided by National Park Service so as to be received by the Superintendent at least 48 hours in advance of any proposed public gathering.

(2) Park Areas: Permit applications for all park areas, except the White House area, shall provide the following information: Area, date, time, duration, and nature of the public gathering; estimated number of participants; sponsoring organization; props and equipment to be used; and name, address, and phone number of applicant.

(f) The Superintendent shall process with reasonable promptness applications in order of receipt; and, subject to the limitations set forth in the next following subsection, he shall issue an official permit upon proper application, authorizing a peaceable and orderly public gathering to be held, unless:

(1) A proper prior application for the same time and place has been received,