§ 30-1-202. AUTHORITY OF DIRECTOR TO CLOSE OR RESTRICT USE OF PARK.

(a)

Entry and travel.

(1)

The Director may close a park or park area to public entry and travel:

(i)

During periods of construction or maintenance;

(ii)

When considered necessary due to road conditions, park operations, or fire hazards; or

(iii)

For the protection of park property or the environment or the health, safety, and welfare of the public.

(2)

The closing shall be by order of the Director, and restricted areas shall be posted against public entry.

(b)

Restrictions on use and activities.

(1)

The Director may:

(i)

Limit or restrict a park or section of a park to certain activities, uses, or age groups; and

(ii)

Prohibit activities and uses of a park or section of a park when considered necessary for the health, safety, and welfare of the public or for the protection of park property.

(2)

The limits, restrictions, or prohibitions shall be by order of the Director and posted in the affected areas.

(c)

Vehicle restrictions.

(1)

The Department may prohibit or restrict to a designated area the operation of vehicles not subject to registration under the vehicle laws of the state.

(2)

If a vehicle is restricted to a designated area under paragraph (1) of this subsection, the Department may issue a permit for the operation of the vehicle in the designated area.

(3)

Prohibitions and restrictions shall be ordered by the Director, and appropriate signs shall be posted.

(d)

Posted hours.

(1)

The Department shall:

(i)

Set reasonable regulations for the hours of park and recreational areas; and

(ii)

Post appropriate signs in conspicuous places informing the public of the hours of operation and of the illegality of being on the property during times when the park is not in operation.

(2)

A person is guilty of a misdemeanor if the person:

(i)

Is in a county park or recreational area after posted hours;

(ii)

Is asked to leave by a guard, custodian, attendant, watchman, other authorized employee of the Department or by a Police Officer;

(iii)

After the request, refuses or fails to leave and remain out of the park or recreational area during posted hours; and

(iv)

Has no lawful reason for being in the park or recreational area.

(e)

Unmanned aircraft system policies. The Director may develop policies for the operation of unmanned aircraft systems with the parks that are not inconsistent with the requirements of federal and state law.

(f)

Exclusions from park.

(1)

The Director may exclude a person from a park for a violation of any provision of this subtitle or for a violation of any criminal statute or a violation of any park rule while the person is in a park.

(2)

Notice of the exclusion may be issued by the Director or by a Department official designated by the Director.

(3)

An exclusion shall be for a period of time determined by the Director.

(4)

A notice of exclusion shall be in writing and shall include:

(i)

The date, length, and place of the exclusion;

(ii)

The provision of law the person has violated;

(iii)

A brief description of the offending conduct; and

(iv)

A notice of the right to appeal.

(5)

(i)

A person may appeal a notice of exclusion in writing to the Director not more than 15 days after receipt of the notice.

(ii)

The Director shall forward the appeal to the Office of Administrative Hearings.

(iii)

1.

A person aggrieved by the decision of the Office of Administrative Hearings may appeal the decision of the Office to the Board of Appeals.

2.

The appeal shall be on the record and determined in accordance with the provisions of § 3-6-304 of the Code.

(6)

(i)

A person who has been excluded from a park may not enter or remain in the park at any time during the period of exclusion.

(ii)

A person who violates subparagraph (i) of this paragraph is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both.

(1988 Code, § 29-7) (Bill No. 114-99, § 5, 7-1-2004; Bill No. 59-15, § 1, 9-21-2015 ; Bill. No. 42-16 , § 2, 8-21-2016)