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 within a state park or state historic site molest, harm, frighten, kill, trap, hunt, chase, capture, shoot, or throw missiles at any animal; remove or have in their possession the young of any animal; 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 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 with written permission from the director. 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) 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. (4) 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. (5) 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. (6) 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 in any state park or state historic site without permission from the facility manager or designee. (7) 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. (8) 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. (9) Refuse and Trash. No person shall deposit any garbage or waste in any part of any state park or state historic site except in containers or places designated for these purposes. Any material so disposed of shall have been generated at that state park or state historic site unless the director approves the location to receive sewage disposal from other state park or state historic site locations. (10) Pollution of Waters. No person shall: (A) Throw, discharge, or otherwise place or cause to be placed in the waters of any pool, fountain, pond, lake, 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; or (B) 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 state historic site. (11) 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 (10) 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 service animals assisting persons with disabilities as defined in the Americans with Disabilities Act, 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 staff. Park staff or peace officers are authorized to use lethal force to apprehend animals involved in a bite or attack. 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 staff. (12) Traffic. (A) OPDMDs may be used by persons with disabilities in all areas open to pedestrian use unless any of the following apply: 1. The type (gas or electric), size (width, height, length), weight, dimensions (tire size, ground clearance), and/or speed precludes its safe and/or non-hazardous operation; 2. Environmental conditions (volume of pedestrians, design, indoor operations characteristics, square footage, stationary barriers) preclude its safe and/or non-hazardous operation; 3. Operation of the device can reasonably be expected to damage the environmental, natural, or cultural resources; 4. The device is precluded by other operational restrictions; 5. Operation of the device conflicts with federal laws or regulations; 6. The state park or state historic site is unable to store the device, if requested; 7. Usage would violate 10 CSR 90-2.020, 10 CSR 90-2.030, 10 CSR 90-2.040, or any other state or federal law; or 8. The individual is operating the OPDMD in an unsafe or disruptive manner. (13) 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 902.010 through 10 CSR 90-2.060 and all applicable state laws. (14) Parking. (A) Parking areas are designed and developed within state parks and state historic sites specifically for the use of state park and state historic site visitors only and those vehicles driven or chartered by state park or state historic site visitors. Open containers of intoxicating liquor and/or non-intoxicating beer are prohibited in parking areas and other areas as designated by the division director. (B) The division hereby establishes parking spaces for persons with disabilities, marked as indicated in section 304.143, RSMo, when their vehicles display a license or placard as defined in section 301.071 or 301.142, RSMo. Misuse of these spaces is a violation of state law and is punishable under state law. (15) Enforcement. It is the responsibility of the facility manager, park ranger, 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. (16) 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. (17) 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 the division’s mission for providing outstanding recreational opportunities based on the needs of a facility. Minimum rules for all cabins and other lodging including, but not limited to, check-in and checkout times, prohibitions against disorderly conduct, and hours to maintain quiet shall be approved by the director and posted in each rental unit. AUTHORITY: section 253.035, RSMo 2016.* Original rule filed May 17, 1954, effective May 27, 1954. Amended: Filed Nov. 24, 1959, effective Dec. 3, 1959. Amended: Filed Jan. 16, 1963, effective Jan. 26, 1963. Amended: Filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 23, 1977, effective Oct. 13, 1977. Amended: Filed June 10, 1981, effective Sept. 11, 1981. Amended: Filed Dec. 14, 1983, effective March 12, 1984. Amended: Filed March 18, 1987, effective July 23, 1987. Emergency amendment filed April 10, 1987, effective April 20, 1987, expired July 15, 1987. Emergency amendment filed Aug. 5, 1987, effective Aug. 15, 1987, expired Dec. 15, 1987. Amended: Filed Aug. 5, 1987, effective Dec. 12, 1987. Rescinded and readopted: Filed Oct. 26, 2000, effective June 30, 2001. Amended: Filed June 7, 2018, effective Feb. 28, 2019. *Original authority: 253.035, RSMo 1961, amended 1967, 1983, 1993, 1995. State ex rel. Taylor v. Anderson, 242 SW2d 66 (1951). The State Park Board is a state agency, expressly given the power to make and promulgate all rules and regulations as it may deem necessary for the proper maintenance, improvement, acquisition and preservation of all state parks. Therefore, letter granting defendant permission to operate sight-seeing boat tours within state park, written 10 years prior, could constitute no more than a bare license, or permit, subject to withdrawal or cancellation at the pleasure of the State Park Board.