Section .0100 ‑ Use Of North Carolina Aquariums

Link to law: http://reports.oah.state.nc.us/ncac/title 15a - environmental quality/chapter 28 - north carolina aquariums/chapter 28 rules.html
Published: 2015

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CHAPTER 28 – NORTH CAROLINA AQUARIUMS

 

SECTION .0100 ‑ USE OF NORTH CAROLINA AQUARIUMS

 

Codifier's Note: 01 NCAC 12 .0800, Use of North

Carolina Aquariums, Rules .0801-.0808, were transferred and recodified to 15A

NCAC 28 .0101-.0108 effective August 1, 2007.

 

15A NCAC 28 .0101          PURPOSE

15A NCAC 28 .0102          FACILITIES

 

History Note:        Authority G.S. 143b-390.2(b);

Eff. February 1, 1987;

Repealed Eff. April 1, 2010.

15A NCAC 28 .0103          USERS

The Aquariums and the grounds immediately surrounding them are

available for use by public agencies and private groups and for non‑commercial

activities providing the users and uses do not interfere with regularly‑scheduled

Aquarium functions or other scheduled uses.

 

History Note:        Authority G.S. 143B-289.41(a)(1b)b.;

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0104          PERMISSIBLE ACTIVITIES

Approved private activities may include sales or

solicitations if approved by the Aquarium Director at least 10 days before the

date of the activity. No other sales or solicitations by private groups and individuals

are allowed on Aquarium property.

 

History Note:        Authority G.S. 143B-289.41(a)(1b)b.; 143B-289.41(b);



Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

 

15A NCAC 28 .0105          PERMISSION FOR USE

All potential users shall obtain prior written permission

from the Aquarium Director for use of the building or grounds.  Approved users

of the facilities shall sign a written contract.

 

History Note:        Authority G.S. 143B-289.41(a)(1b)b.; 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0106          SCHEDULING PERMISSIBLE ACTIVITIES

 

History Note:        Authority G.S. 143b-390.2(b);

Eff. February 1, 1987;

Repealed Eff. April 1, 2010.

 

15A NCAC 28 .0107          AVAILABLE AREAS

Each facility has the following functional areas available

for use:

(1)           auditorium,

(2)           classrooms,

(3)           Aquarium galleries,

(4)           conference room, and

(5)           garden or nearby natural areas.

A group wishing to use the facility may request a specific

functional area, but the Aquarium Director has final authority in assigning the

use of any particular area.

 

History Note:        Authority G.S. 143B-289.41(a)(1b)b.; 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0108          LONG-TERM USE PROHIBITED

 

History Note:        Authority G.S. 143b-390.2(b);

Eff. February 1, 1987;

Repealed Eff. April 1, 2010.

 

SECTION .0200 ‑ SCHEDULING activities FOR GROUP USE

 

Codifier's Note: 01 NCAC 12 .0900, Scheduling

Procedures for Group Use, Rules .0901-.0903, were transferred and recodified to

15A NCAC 28 .0201-.0203 effective August 1, 2007.

 

15A NCAC 28 .0201          SCHEDULING ACTIVITIES FOR REGULAR

HOURS

The Aquarium Director must give written permission to groups

wishing to use the Aquarium during normal operating hours.  Groups shall be

scheduled at a time and in a functional area that do not interfere with the normal

operations of the Aquarium.

 

History Note:        Authority G.S. 143B-289.41(a)(1b)b.; 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0202          AQUARIUM RESPONSIBILITIES

 

History Note:        Authority G.S. 143b-390.2(b);

Eff. February 1, 1987;

Repealed Eff. April 1, 2010.

 

15A NCAC 28 .0203          SCHEDULING ACTIVITIES FOR NON-REGULAR

HOURS

Any group wishing to use the facility before or after normal

operating hours shall enter into a written agreement that includes the

following requirements:

(1)           The user provides supervision adequate for the

activity being planned;

(2)           An employee of the facility must be present at all

times;

(3)           The user leaves the building and grounds in the

same condition as before the activity;

(4)           No illegal substances, firearms (except those in

the possession of law enforcement officials), or pets are permitted on the

premises during the activity;

(5)           The user shall acquire prior permission from the

Division Director if alcoholic beverages are to be consumed on the property;

(6)           Smoking is prohibited in all indoor areas and

allowed only in designated outside areas; and

(7)           The Aquarium may cancel a scheduled event due to a

hurricane or other natural disaster or may move or terminate a scheduled event

for the safety and well-being of the exhibits or captive animals.

 

History Note:        Authority G.S. 143B-289.41(a)(1b)b.;

143B-289.41(b);

Eff. May 1, 1987;

Amended Eff. April 1, 2010.

 

SECTION .0300 ‑ UNAUTHORIZED USE OF FACILITIES: FEES

 

15A NCAC 28 .0301          UNAUTHORIZED ENTRY

No person shall enter or remain on Aquarium property during

hours when the facility is not open to the public except for on-duty employees,

contractors or agents of the Aquarium; law enforcement, fire and emergency

personnel; and others authorized to use the property in connection with an

Aquarium or Aquarium Society sponsored event, or unless accompanied by an

authorized employee of the Aquarium or permission has been granted by the

Aquarium Director for the safety and well-being of the employees, exhibits, or

captive animals.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Transferred and Recodified from 01 NCAC 12 .1101 Eff.

August 1, 2007;

Amended Eff. May 1, 2010.

 

15a ncac 28 .0302          FEE SCHEDULE

(a)  The following schedule of fees governs admission to the

North Carolina Aquariums:

(1)           Roanoke Island:

Adult, ages 13 and over                                                     $10.95

Senior, ages 62 and over                                                    $9.95

Child, ages 3 through 12                                                    $8.95

Military                                                                                  $9.95

(2)           Fort Fisher:

Adult, ages 13 and over                                                     $10.95

Senior, ages 62 and over                                                    $9.95

Child, ages 3 through 12                                                    $8.95

Military                                                                                  $9.95

(3)           Pine Knoll Shores:

Adult, ages 13 and over                                                     $10.95

Senior, ages 62 and over                                                    $9.95

Child, ages 3 through 12                                                    $8.95

Military                                                                                  $9.95

(b)  Free admission to the North Carolina Aquariums on

Roanoke Island, at Pine Knoll Shores and at Fort Fisher shall be offered to the

following groups:

(1)           Aquarium Society Members;

(2)           Preregistered North Carolina School groups;

(3)           Association of Zoos and Aquariums'

reciprocals; and

(4)           Children under the age of three.

Free admission shall

be offered to everyone on the following holidays:  Martin Luther King, Jr.'s

Birthday and Veteran's Day.

(c)  The following schedule of fees governs admission on the

educational fishing piers of the North Carolina Aquariums:

(1)           Daily Fishing Pass                                $12.00

(maximum 24 hour period, two rods maximum;

(Ages 13 and over)                              $2.00

for each additional rod)

(2)           Youth Fishing Pass                              $6.00

(maximum 24 hour period, two rods maximum;

(Ages 12 and under)                            $1.00

for each additional rod)

(3)           Pin-Rig Fishing                                     $3.00

addition to fishing pass fee per day 

(live bait fishing)

(4)           Three-Day Fishing Pass                      $30.00

(any three days in a seven day period from date

(Ages 13 and over)                              purchased,

two rod maximum; $2.00 per day for each

additional rod)

(5)           Youth Three-Day Fishing Pass          $15.00

(any three days in a seven day period from date

(Ages 12 and under)                            purchased,

two rod maximum; $2.00 per day for each

additional rod)

(6)           Seven-Day Fishing Pass                     $65.00

(any seven days in a one month period from

(Ages 13 and over)                              date

purchased, two rod maximum; $2.00 per day for

each additional rod)

(7)           Youth Seven-Day Fishing Pass         $32.50

(any seven days in a one month period from

(Ages 12 and under)                            date

purchased, two rod maximum; $2.00 per day for

each additional rod)

(8)           Sightseeing Pass                                   $2.00

(unlimited sightseeing for date of purchase)

(Ages 13 and over)

(9)           Youth Sightseeing Pass                       $1.00

(unlimited sightseeing for date of purchase)

(Ages 12 and under)

 

History Note:        Authority G.S. 143B-289.41(b);

143B-289.44;

Eff. March 1, 2004;

Amended Eff. September 1, 2011; January 1, 2011; April 1,

2010; January 1, 2006;

Transferred and Recodified from 15A NCAC 01R .0101 Eff.

August 1, 2007;

Temporary Amendment Eff. February 28, 2014;

Amended Eff. December 1, 2014.

SECTION .0400 ‑ FIREARMS:  FIRES:  SMOKING

 

Codifier's Note: 01 NCAC 12 .1200, Firearms: Fires:

Smoking, Rules .1201-.1205, were transferred and recodified to 15A NCAC 28

.0401-.0405 effective August 1, 2007.

 

15A NCAC 28 .0401          LETHAL INSTRUMENTS

Carrying or possessing firearms, airguns, bows and arrows,

slingshots or lethal instruments of any kind in the Aquarium or on Aquarium

property, except by law enforcement officials with jurisdictional authority, is

prohibited.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0402          EXPLOSIVES

The possession or use of pyrotechnics and cap pistols except

by authorized employees of the Aquariums is prohibited.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987.

 

15A NCAC 28 .0403          FIRES

All fires, including grills, are prohibited except in

designated areas.

 

History Note:        Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0404          SMOKING

Smoking is prohibited in the buildings. Smoking is

prohibited on Aquarium grounds within the paid perimeter and in other outside

areas except where smoking is designated.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0405          USES NOT COVERED BY POLICY

 

History Note:        Authority G.S. 143B‑390.2(b);

Eff. May 1, 1987;

Repealed Eff. April 1, 2010.

 

SECTION .0500 ‑ CONDUCT: ALCOHOLIC BEVERAGES: PETS:

PROPER DRESS

 

Codifier's Note: 01 NCAC 12 .1300, Conduct: Alcoholic

Beverage: Pets: Proper Dress, Rules .1301-.1304, were transferred and

recodified to15A NCAC 28 .0501-.0505 and Rules .1406 - .1407 were transferred

and recodified to 15A NCAC 28 .0505 - .0506 effective August 1, 2007.

 

15A NCAC 28 .0501          DISORDERLY CONDUCT

No person shall engage in disorderly conduct, be

intoxicated, or be impaired by controlled or illegal substances while on

Aquarium property or while involved in an Aquarium‑sponsored program that

is conducted off the premises.

 

History Note:        Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0502          SALES OF ALCOHOL OR CONTROLLED

SUBSTANCES

No person shall sell or attempt to sell controlled or

illegal substances or any other intoxicating or impairing substance on Aquarium

property.  Beer and wine may be sold pursuant to a valid Alcohol Beverage

Control permit at an event held at the Aquarium if written approval is given by

the Division Director prior to the event.  The Director's approval shall be

given when the applicant agrees that the beverages' alcohol content will not

exceed 16 percent, the alcoholic beverages will be served through a caterer or

bartender insured by a general liability insurance policy containing per

occurrence coverage, and alcohol service will be discontinued at least 30

minutes prior to the conclusion of the event.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. November 1, 2010; May 1, 2010.

 

15A NCAC 28 .0503          CONSUMPTION OF ALCOHOL

Alcoholic beverages that do not exceed 16 percent alcohol

may be served and consumed on Aquarium property upon prior written approval of

the Division Director.  The Director's approval shall be given when the applicant

agrees that the alcoholic beverages will be served pursuant to an approved

event and by an insured caterer or purchased directly from a wholesaler;

bartenders will have received Alcohol Law Enforcement bartender training; and

alcohol service will be discontinued at least 30 minutes prior to the

conclusion of the event.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

 

15A NCAC 28 .0504          PETS

Pets are not allowed in the Aquarium buildings.  Service

animals whose handlers attest to the animal's status are allowed inside the

buildings.  Pets are allowed on the grounds provided they remain at all times

under the owners' control and are restrained by a leash.  Any animal causing a

nuisance or left unattended on Aquarium property shall be removed by the owner

upon the request of the Aquarium Director.  Pet owners shall pick up their

animal's waste from Aquarium grounds and dispose of it.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

 

15A NCAC 28 .0505          LOUD RADIOS

The playing of radios, tape players or other audio equipment

in such a manner as to disturb others is prohibited inside the Aquarium and on

Aquarium property.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. May 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0506          PROPER DRESS

Any person using the facility or participating in programs

must wear shirts, pants or shorts and shoes at all times and safety equipment

if required for a particular program. Uncovered or wet bathing suits are

prohibited inside the Aquarium.

 

History Note:        Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. May 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0507          COASTER CONVEYANCES

Skateboards, roller blades, "heelie" shoes and

other similar coaster conveyances are not allowed inside the buildings or in

the gardens. These conveyances are allowed on Aquarium bicycle paths and

parking lots.

 

History Note:        Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. April 1, 2010.

 

SECTION .0600 ‑ COMMERCIAL ACTIVITIES: SOLICITATIONS:

ETC.

 

Codifier's Note: 01 NCAC 12 .1400, Commercial

Activities: Solicitations: Etc., Rules .1401-.1405, were transferred and

recodified to 15A NCAC 28 .0601-.0605 effective August 1, 2007.

 

15A NCAC 28 .0601          COMMERCIAL ENTERPRISES

Only authorized Aquarium employees or contractors or

authorized employees or contractors of the N.C. Aquarium Society may engage in

or conduct commercial activities on Aquarium property.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143-289.41(b);

Eff. February 1, 1987.

 

15A NCAC 28 .0602          ADVERTISING

The Aquarium Director shall grant written permission for

notices and advertisements to be displayed on Aquarium property when they are

related to tourist attractions or conservation events.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

 

15A NCAC 28 .0603          PHOTOGRAPHS

No person shall take photographs, video tapes or movies of

the Aquarium facilities or on Aquarium property for commercial purposes without

the permission of the Aquarium Director.  Permission shall be granted when the activity

is conducted at a time and in a manner that does not expose the Aquarium's

visitors, employees or captive animals to harm.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

 

15A NCAC 28 .0604          LOGOS: SLOGANS: ETC

No person shall use, adopt or modify any logos, names or

slogans of the N.C. Aquariums or the N.C. Aquarium Society without prior

written permission of the Division Director.  Permission shall be granted when

the use, adoption or modification does not cause harm to the Aquariums' image

or mislead the public.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

 

15A NCAC 28 .0605          SOLICITATIONS

Persons engaged in fundraising activities sponsored by the

N.C. Aquarium Society for the purpose of supporting the Aquariums or Society

may solicit contributions on Aquarium property.  Non-profit users may engage in

fundraising activities as part of an approved event held on Aquarium property.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

 

15A NCAC 28 .0606          ACCEPTANCE OF DONATED PERSONAL

PROPERTY

The Aquarium Division shall accept donated personal property

only if the donation is made through the N.C. Aquarium Society and meets the

following requirements:

(1)           The personal property is relevant to the purpose

and mission of the N.C. Aquariums;

(2)           The donor provides evidence of lawful ownership of

the property, including evidence that the donor possesses any permit required

to own or possess the property;

(3)           The donation is made without restrictions on the

use and disposition of the property;

(4)           The N.C. Aquariums Division has identified storage

space or a display venue for the property prior to acceptance of the property;

and

(5)           If payment, such as shipping cost, is required to

be made by the N.C. Aquariums Division as a condition of the donation, the

property shall be accepted only if funds are available to make the payment

prior to acceptance.

 

History Note:        Authority G.S. 143B-289.41(b); 143B-289.42;

Eff. April 1, 2010.

 

SECTION .0700 - PRESERVATION OF AQUARIUM PROPERTY

 

Codifier's Note:  01 NCAC 12 .1500, Preservation of

Aquarium Property, Rules .1501-.1503, were transferred and recodified to 15A

NCAC 28 .0701-.0703 effective August 1, 2007.

 

15A NCAC 28 .0701          FLOWERS: PLANTS: ANIMALS: ETC.

Unless authorized by Aquarium employees or agents acting in

performance of their duties or for the safety and well-being of the captive

animals, visitors, employees or exhibits, no person may feed, remove, dispose

of or otherwise handle any animal or plant life, whether marine or terrestrial,

or remove sand or other minerals owned or controlled by the Aquarium.

 

History Note:        Authority G.S. 143B-289.41(a)(1b);

143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010.

 

15A NCAC 28 .0702          BUILDINGS: SIGNS: ETC.

Only authorized Aquarium employees or agents acting in

performance of their duties shall alter, disturb or dispose of any part of any

Aquarium property.

 

History Note:        Authority G.S. 143B-289.41(a)(1c); 143-289.41(b);

Eff. February 1, 1987.

 

15A NCAC 28 .0703          PARKING

All privately‑owned vehicles shall be parked in

designated parking areas of the Aquarium property.  All other vehicles shall be

parked only as directed by the Aquarium Director. Visitors shall not leave

vehicles on Aquarium property overnight. Drivers of vehicles parked on Aquarium

property shall turn off engines.

 

History Note:        Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010.

 

15A NCAC 28 .0704          FOOD AND BEVERAGES PROHIBITED INSIDE

Visitors shall not bring food or beverages, except bottled

water, inside the Aquarium during normal operating hours.

 

History Note:        Authority G.S. 143B-289.41(a)(1b); 143B-289.41(b);

Eff. April 1, 2010.