CHAPTER 14 ‑ NORTH CAROLINA ZOOLOGICAL PARK REGULATIONS

 

SUBCHAPTER 14A ‑ INTRODUCTION

 

07 NCAC 14A .0101          DEFINITIONS

As used in this Chapter:

(1)           "Council" means the North Carolina Zoological Park Council;

(2)           "Department" means the North Carolina Department of Environment, Health, and Natural Resources;

(3)           "Foot Path or Trail" means any path or trail maintained for pedestrians;

(4)           "Owner" means any person, owning, leasing, or having the exclusive use of property;

(5)           "Zoo", "Park", and "Zoological Parks" mean those lands, facilities, programs, and other assets (including animals and plants) owned, controlled, or operated by the department for the use of the North Carolina Zoological Park;

(6)           "Permits" means any written license issued by or under authority of the department permitting the performance of a specified act or acts;

(7)           "Person" means any natural person, corporation, partnership, association, or governmental unit; and

(8)           "Secretary" means the Secretary of the Department of Environment, Health, and Natural Resources.

 

History Note:        Authority G.S. 143B‑10(j); 143B-135.205;

Eff. February 1, 1976;

Amended Eff. July 1, 1979;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. August 2, 1993; September 1, 1988; November 1, 1984; October 1, 1984;

Transferred from 15A NCAC 22A .0101 Eff. April 1, 2017.

07 NCAC 14A .0102          CONSTRUCTION

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22A .0102 Eff. April 1, 2017.

 

07 NCAC 14A .0103          TERRITORIAL SCOPE

All regulations of this Chapter apply to the North Carolina Zoological Park.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22A .0103 Eff. April 1, 2017.

 

07 NCAC 14A .0104          PERMITS

A permit authorizes an act only when that act strictly conforms with the terms and conditions of the permit.  Any violation of the permit shall constitute grounds for its revocation by the department.  In case of revocation, the permit holder shall forfeit to the department all moneys paid for the permit.  Furthermore, the permit holder, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the department for all damages suffered in excess of money so forfeited.  However, neither the forfeiture of such moneys, nor the recovery of such damages or both, shall in any manner relieve such person or persons from statutory punishment of any violation of any provision of any park regulation.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22A .0104 Eff. April 1, 2017.

 

07 NCAC 14A .0105          ENFORCEMENT

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Legislative Objection Lodged Eff. July 20, 1982;

Transferred w/change from T15.12E Eff. August 1, 1982;

Curative Repeal Eff. August 23, 1982;

Transferred from 15A NCAC 22A .0105 Eff. April 1, 2017.

 

 

SUBCHAPTER 14B ‑ GENERAL PROVISIONS

 

SECTION .0100 ‑ PRESERVATION OF THE ZOO

 

07 NCAC 14B .0101          ANIMALS: FLOWERS: PLANTS: MINERALS

No one except a Zoo employee or agent acting in performance of his duties may remove, destroy or injure any animal or plant owned or controlled by the Zoo.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0101 Eff. April 1, 2017.

07 NCAC 14B .0102          BUILDINGS: SIGNS: AND STRUCTURES

No one except a Zoo employee or agent acting in performance of his duties shall injure, disturb or destroy any part of any Zoo area, including any building, sign, equipment, or other property.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0102 Eff. April 1, 2017.

 

SECTION .0200 ‑ REFUSE AND RUBBISH

 

07 NCAC 14B .0201          DISPOSAL OF REFUSE: GARBAGE: ETC.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0201 Eff. April 1, 2017.

 

07 NCAC 14B .0202          POLLUTION OF WATERS

Bathing or washing is prohibited except in lavatory facilities and for their designed uses, and except by Zoo employees or agents in the performance of their duties.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0202 Eff. April 1, 2017.

 

SECTION .0300 ‑ TRAFFIC AND PARKING

 

07 NCAC 14B .0301          VEHICLES WHERE PROHIBITED

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0301 Eff. April 1, 2017.

 

07 NCAC 14B .0302          PARKING

An owner or driver shall not cause or permit a vehicle to stand anywhere in any park outside of designated parking spaces, except for a reasonable time in order to receive or discharge passengers.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22B .0302 Eff. April 1, 2017.

 

07 NCAC 14B .0303          OBSTRUCTING TRAFFIC

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0303 Eff. April 1, 2017.

 

07 NCAC 14B .0304          SPEED LIMIT

A rate of speed in excess of 25 miles per hour, or in excess of the posted speed is prohibited.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22B .0304 Eff. April 1, 2017.

 

07 NCAC 14B .0305          VIEW INTO VEHICLES

07 NCAC 14B .0306          EXCESSIVE LOADS

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0305, .0306 Eff. April 1, 2017.

 

SECTION .0400 ‑ FIREARMS: FIRES: ETC.

 

07 NCAC 14B .0401          FIREARMS

No one except Zoo employees or officers of the law may possess firearms or airguns within the Zoo.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0401 Eff. April 1, 2017.

 

07 NCAC 14B .0402          EXPLOSIVES

A person shall not have in the Zoo any pyrotechnics or cap pistols.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0402 Eff. April 1, 2017.

 

07 NCAC 14B .0403          FIRES: LIGHTED CIGARETTES: ETC.

All fires except for personal smoking materials are prohibited except in designated areas.  A competent person 16 years old or older must continuously tend any fire from the time it is kindled until it is extinguished.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0403 Eff. April 1, 2017.

 

07 NCAC 14B .0404          SMOKING

A person shall not smoke in any place in any park where smoking is prohibited.  The department or its authorized agent may forbid smoking in any part of any park when the fire hazard makes such action advisable.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22B .0404 Eff. April 1, 2017.

 

SECTION .0500 ‑ DISORDERLY CONDUCT: PUBLIC NUISANCE: ETC.

 

07 NCAC 14B .0501          DISORDERLY CONDUCT PROHIBITED

A person shall obey a lawful order of a Zoo employee and shall not throw away any objects into any animal enclosure to annoy, distract or feed any animal.  The playing of radios in such a manner as to disturb other persons or animals is forbidden.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0501 Eff. April 1, 2017.

 

07 NCAC 14B .0502          GAMBLING

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0502 Eff. April 1, 2017.

 

07 NCAC 14B .0503          INTOXICATING LIQUORS: CONTROLLED SUBSTANCE OR BEVERAGES

(a)  A person shall not possess or consume any beer, wine, whiskey, controlled substance, or any other intoxicating substance within the Zoo except that alcoholic beverages may be served at a specific event at the Zoo authorized in writing by the Director of the Zoo.  The Director shall authorize serving of alcohol only at such specific events that are sponsored by the Zoo Society, Zoo Council or the Zoo itself.

(b)  A person shall not be or become intoxicated while within the Zoo.

(c)  A person shall not sell or attempt to sell any beer, wine, whiskey, controlled substance, or any other intoxicating substance within the Zoo.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. August 2, 1993;

Transferred from 15A NCAC 22B .0503 Eff. April 1, 2017.

 

07 NCAC 14B .0504          ANIMALS AT LARGE

A person shall not cause or permit any animal owned by him, in his custody, or under his control to enter the park.  Each animal found at large may be seized and disposed of as provided by local law covering disposal of stray animals on public property.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22B .0504 Eff. April 1, 2017.

 

07 NCAC 14B .0505          SPORTS AND GAMES

Games or athletic contests shall not be allowed except in such places as may be designated.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22B .0505 Eff. April 1, 2017.

 

SECTION .0600 ‑ COMMERCIAL ENTERPRISES: ADVERTISING: MEETINGS: EXHIBITIONS: ETC.

 

07 NCAC 14B .0601          COMMERCIAL ENTERPRISES

Only authorized employees, contractors, or agents of the Zoo may engage in business or conduct commercial activity at the Zoo.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from 15A NCAC 12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0601 Eff. April 1, 2017.

 

07 NCAC 14B .0602          PHOTOGRAPHS

A person shall not take photographs or moving pictures within the Zoo for commercial purposes unless authorized by the director.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0602 Eff. April 1, 2017.

 

07 NCAC 14B .0603          COMMERCIAL VEHICLES

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0603 Eff. April 1, 2017.

 

07 NCAC 14B .0604          ADVERTISING

A person shall not erect or post within the Zoo a notice or advertisement nor play any musical instrument, radio, or talking machine, or make any loud and obtrusive noise for the purpose of attracting attention to any exhibition or any activity of any kind without first obtaining authorization from the director.

 

History Note:        Authority G.S. 131F; 143B‑10(j);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. November 1, 1984; October 1, 1984;

Transferred from 15A NCAC 22B .0604 Eff. April 1, 2017.

 

07 NCAC 14B .0605          MEETINGS AND EXHIBITIONS

A person shall not hold any meeting or exhibition, perform any ceremony or make any speech unless he has written authorization from the director.

 

History Note:        Authority G.S. 131F; 143B‑10(j);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. November 1, 1984;

Transferred from 15A NCAC 22B .0605 Eff. April 1, 2017.

 

07 NCAC 14B .0606          ALMS AND CONTRIBUTIONS

A person shall not solicit alms or contributions within the Park, except that persons soliciting for a religious organization of which they are a member or a charitable purpose, and persons engaged in fundraising activities sponsored by the Zoological Society for the purpose of supporting the Zoo or Society shall not be subject to this prohibition.  In order to solicit for charitable purposes under this Rule, a person must be in compliance with the provisions of the North Carolina Charitable Solicitations Licensure Act, G.S. Chapter 131C.

 

History Note:        Authority G.S. 131F; 143B‑10(j);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. November 1, 1984; October 1, 1984;

Transferred from 15A NCAC 22B .0606 Eff. April 1, 2017.

 

07 NCAC 14B .0607          SOLICITING DONATIONS: DISTRIBUTING LITERATURE: GIFTS

(a)  This Rule shall apply to all persons distributing literature or other objects, soliciting or requesting donations of funds, proselytizing or otherwise engaging in any other activity for the purpose of promoting, advertising or otherwise furthering any religious or other charitable cause, belief or project.

(b)  The activities described in Paragraph (a) shall be permitted during the time that the Zoo is open to the public, generally from 9:00 a.m. until 5:00 p.m. every day of the week, subject to the other limitations set forth in this Rule.

(c)  The activities described in Paragraph (a) shall be restricted to the hatch‑marked area illustrated on the attached map, which is incorporated as part of this Rule, and further described as follows:

"Beginning five yards north of the entry bridge on the south, encompassing three major grassed area and walkways north to a point on line with the upper entrance walkway but not to include the amphitheatre on the west or the restrooms, picnic pavilion, and picnic area on the east."

(d)  Solicitation of funds or distribution of literature or any other objects to minor persons under 16 years of age is prohibited unless the minor person is accompanied by an adult 18 years of age or older.

(e)  Persons distributing written materials shall keep the authorized area clear of such materials when discarded.

(f)  Any person wishing to engage in activities subject to this Rule shall notify the Zoo security office 24 hours in advance of arrival, and sign in each day at the Zoo security office before beginning such activities and shall sign out at the conclusion of each day's activities.

(g)  Representatives of no more than five organizations will be allowed to engage in such activities at the same time at the Zoological Park.  Reservations for authorized organizations to conduct activities subject to this Rule will be taken on a "first called ‑‑ first reserved" basis.  No reservations will be taken more than 30 days in advance of the requested dates.

(h)  No more than two persons representing a single organization shall be allowed to engage in activities subject to this Rule at the same time.

(i)  Persons engaged in activities subject to this Rule as representatives of an organization shall wear an identification badge on the upper left front torso in a position to be observed by any person being contacted.  The badge must contain, as a minimum, letters at least one‑half inch in height and in boldface type, the name or other description of the organization, without abbreviation.  In addition, the badge must contain additional descriptive information about the representative to insure that he/she is in fact representing the organization.  This information must include the representative's full name; picture; sex; hair/eye color; height; weight; and date of birth. The badge must bear an authorized signature of an officer of the organization.  The badge may not be covered or concealed at any time while the agent is engaged in the activities.

(j)  To avoid unnecessary confrontations with the Zoo patrons, agents will not initiate physical contact with any person, or place literature in the hands of any person without prior express permission of the person.

(k)  Gifts to the visiting public shall not include any item requiring agents to pin or attach the item to visitors' clothing or any ingestible items.

(l)  Zoo personnel are authorized to disperse crowds gathered to observe or listen to ceremonies, speeches, or other activities where the crowds impede traffic movement or essential functions of the Zoo.  In the event of significant disturbances, confrontation, or other incidents which threaten the tranquility of the park or its normal operation, the Zoo Director, or his authorized representative has the final authority to suspend activities and remove the person(s) responsible from the Zoo.  Authority to grant permission for activities to be resumed after disturbances rests with the director or his authorized representative.  Such permission shall be granted unless there is reason to believe that circumstances that caused the disturbance or incident still exist.

 

History Note:        Authority G.S. 131F; 143B‑10(j);

Eff. November 1, 1984;

Transferred from 15A NCAC 22B .0607 Eff. April 1, 2017.

 

SECTION .0700 ‑ MISCELLANEOUS

 

07 NCAC 14B .0701          CLOSING AND OPENING HOURS

A person shall not enter or remain in the Zoo between the hours of 7:30 p.m. and 7:00 a.m. except for on‑duty employees, officers, contractors, or agents of the Zoo, law enforcement officers and firemen, and others authorized entry in connection with a Zoo or Zoological Society sponsored event, or unless accompanied by authorized officials of the Zoo, or authorization from the director.

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0701 Eff. April 1, 2017.

 

07 NCAC 14B .0702          MINORS

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0702 Eff. April 1, 2017.

 

07 NCAC 14B .0703          FEES

 

History Note:        Authority G.S. 113-264(a); 143-177 .3(b); 143B-335;

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Repealed Eff. April 1, 2016 pursuant to S.L. 2015-241, s. 14.11.(b);

Transferred from 15A NCAC 22B .0703 Eff. April 1, 2017.

 

07 NCAC 14B .0704          AVIATION

 

History Note:        Authority G.S. 113‑264(a);

Eff. February 1, 1976;

Transferred w/change from T15.12E Eff. August 1, 1982;

Repealed Eff. October 1, 1984;

Transferred from 15A NCAC 22B .0704 Eff. April 1, 2017.

 

07 NCAC 14B .0705          reserved for future codification

 

07 NCAC 14B .0706          NORTH CAROLINA ZOOLOGICAL PARK: ADMISSION FEES

(a)  Information concerning admission fees for the North Carolina Zoological Park may be found at http://www.nczoo.org/tickets.aspx?CID=211&pageid=12634.

(b)  Admission fees are subject to dynamic pricing and may change from time to time.

 

History Note         Authority G.S. 143B-135.205; 143B-135.213;

Eff. April 14, 2017.

 

 

 

SUBCHAPTER 14C ‑ ACQUISITION AND DISPOSITION OF ANIMALS

 

07 NCAC 14C .0101          PURPOSE

This Subchapter establishes a policy for the acquisition and disposition of living specimens, dead specimens, and their parts and product at the zoo.

 

History Note:        Authority G.S. 113‑264(a);

Eff. July 15, 1978;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22C .0101 Eff. April 1, 2017.

07 NCAC 14C .0102          CRITERIA

Acquisition and disposition of animals by the zoo should follow the following criteria:

(1)           goals and objectives of the zoo;

(2)           physical capacity of existing zoo facilities;

(3)           responsibilities of the zoo as an agency of state government;

(4)           the zoo's special humane, social, educational, scientific, and conservation obligations as a member of the zoological community;

(5)           fiscal acquisition cost at "fair return" factors associated with each transaction; and

(6)           animal and public health considerations.

 

History Note:        Authority G.S. 113‑264(a);

Eff. July 15, 1978;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22C .0102 Eff. April 1, 2017.

 

07 NCAC 14C .0103          DELEGATION

Pursuant to Rules 4 and 12x on pages 41 and 50 of the Purchasing Manual (State of North Carolina, Department of Administration, Purchase and Contract Division, revised edition, 1972), the state purchasing officer specifically delegates to the zoo director appointed by the Secretary the authority to acquire and to dispose of zoological animals, subject to the following provisions:

(1)           The department shall furnish an inventory of all animals along with a copy of each additional transaction to the Division of Purchase and Contract, Department of Administration.

(2)           The department shall send checks received in payment for the transfer of any animal to the state Surplus Property Agency.  After processing, that agency will return the checks to the department, and will send a record to the State Auditor.

(3)           Any disputes or controversies arising from this procedure are to be brought to the attention of the state purchasing officer for his consideration as to appropriate action.

(4)           When acting under this delegated authority, the department and the zoo shall comply with good practice and with legal requirements.

(5)           The authority delegated shall not adversely affect any state contract for the purchase of various goods and services.

 

History Note:        Authority G.S. 143‑60; 143B‑10(j); 143B‑368;

Eff. July 15, 1978;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22C .0103 Eff. April 1, 2017.

 

07 NCAC 14C .0104          POLICY

(a)  In all acquisition and disposition actions, responsibility rests with the zoo director, who shall report to the department at periodic review sessions.

(b)  The zoo may acquire animals by any method, whether purchase, gift, breeding, loan, or deposit, which best meets acquisition criteria.  The zoo director shall select specimens according to his best professional judgment.

(c)  The zoo may dispose of animals by any method, whether gift, sale, release, trade, or loan, which best meets disposition criteria.  The zoo director shall dispose of animals according to his best professional judgment.

(d)  The disposal of dead animals, their parts, and their products, shall proceed in the same manner as disposal of living animals, provided that necropsy examination does not reveal a potential health risk.

(e)  A zoo employee shall not receive any benefits from the acquisition of any animal, the disposition of any dead animals, or from its parts, or its products.

(f)  The department shall maintain adequate financial records, ownership documents, and loan agreements for all animals, or animal parts and products, purchased, donated, transferred, loaned, deceased, born, or otherwise passed into or out of the park.

(g)  Animal transactions shall not violate federal laws, or the regulations of the U.S. Departments of Agriculture, Interior, and Health, Education and Welfare.

 

History Note:        Authority G.S. 113‑264(a);

Eff. July 15, 1978;

Transferred w/change from T15.12E Eff. August 1, 1982;

Transferred from 15A NCAC 22C .0104 Eff. April 1, 2017.