CHAPTER 15 NORTH CAROLINA AQUARIUMS

 

SECTION .0100 ‑ USE OF NORTH CAROLINA AQUARIUMS

 

07 NCAC 15 .0101 PURPOSE

07 NCAC 15 .0102 FACILITIES

 

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

Eff. February 1, 1987;

Repealed Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0101, .0102 Eff. April 1, 2017.

07 NCAC 15 .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-135.182(a)(1b)b.; 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0103 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b)b.; 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0104 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b)b.; 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0105 Eff. April 1, 2017.

 

07 NCAC 15 .0106 SCHEDULING PERMISSIBLE ACTIVITIES

 

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

Eff. February 1, 1987;

Repealed Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0106 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b)b.; 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0107 Eff. April 1, 2017.

 

07 NCAC 15 .0108 LONG-TERM USE PROHIBITED

 

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

Eff. February 1, 1987;

Repealed Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0107 Eff. April 1, 2017.

 

07 NCAC 15 .0109 North Carolina Aquariums: Hours of Operation and Fees

(a) Information concerning hours of operation, admission fees and related activity fees for North Carolina's Aquariums may be found at:

(1) Roanoke Island http://www.ncaquariums.com/roanoke-island-tickets.

(2) Pine Knoll Shores http://www.ncaquariums.com/pine-knoll-shores-tickets.

(3) Fort Fisher http://www.ncaquariums.com/fort-fisher-tickets.

(4) Jennette's Pier http://www.ncaquariums.com/jennettes-pier.

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

 

History Note: Authority G.S. 143B-135.182; 143B-135.188;

Eff. April 1, 2017.

 

SECTION .0200 ‑ SCHEDULING activities FOR GROUP USE

 

07 NCAC 15 .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-135.182(a)(1b)b.; 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0201 Eff. April 1, 2017.

 

07 NCAC 15 .0202 AQUARIUM RESPONSIBILITIES

 

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

Eff. February 1, 1987;

Repealed Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0202 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b)b.; 143B-135.182(b);

Eff. May 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0203 Eff. April 1, 2017.

 

SECTION .0300 ‑ UNAUTHORIZED USE OF FACILITIES: FEES

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Transferred and Recodified from 01 NCAC 12 .1101 Eff. August 1, 2007;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0301 Eff. April 1, 2017.

 

07 ncac 15 .0302 fee schedule

 

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;

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

Transferred from 15A NCAC 28 .0302 Eff. April 1, 2017.

 

SECTION .0400 ‑ FIREARMS: FIRES: SMOKING

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0401 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Transferred from 15A NCAC 28 .0402 Eff. April 1, 2017.

 

07 NCAC 15 .0403 FIRES

All fires, including grills, are prohibited except in designated areas.

 

History Note: Authority G.S. 143B-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0403 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0404 Eff. April 1, 2017.

 

07 NCAC 15 .0405 USES NOT COVERED BY POLICY

 

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

Eff. May 1, 1987;

Repealed Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0405 Eff. April 1, 2017.

 

SECTION .0500 ‑ CONDUCT: ALCOHOLIC BEVERAGES: PETS: PROPER DRESS

 

07 NCAC 15 .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-135-182(a)(1b); 143B-135-182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0501 Eff. April 1, 2017.

 

07 NCAC 15 .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-135-182(a)(1b); 143B-135-182(b);

Eff. February 1, 1987;

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

Transferred from 15A NCAC 28 .0502 Eff. April 1, 2017.

 

07 NCAC 15 .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-135-182(a)(1b); 143B-135-182(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0503 Eff. April 1, 2017.

 

07 NCAC 15 .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-135-182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0504 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. May 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0505 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. May 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0506 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0507 Eff. April 1, 2017.

 

SECTION .0600 ‑ COMMERCIAL ACTIVITIES: SOLICITATIONS: ETC.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Transferred from 15A NCAC 28 .0601 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0602 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0603 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0604 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0605 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(b); 143B-135.184;

Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0606 Eff. April 1, 2017.

 

SECTION .0700 - PRESERVATION OF AQUARIUM PROPERTY

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. May 1, 2010;

Transferred from 15A NCAC 28 .0701 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1c); 143-135.182(b);

Eff. February 1, 1987;

Transferred from 15A NCAC 28 .0702 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. February 1, 1987;

Amended Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0703 Eff. April 1, 2017.

 

07 NCAC 15 .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-135.182(a)(1b); 143B-135.182(b);

Eff. April 1, 2010;

Transferred from 15A NCAC 28 .0704 Eff. April 1, 2017.