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Repealed Eff.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Repealed Eff.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Repealed Eff.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.