[Code of Federal Regulations]

[Title 36, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR2.52]



[Page 30-31]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

 

PART 2_RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of Contents

 

Sec. 2.52  Sale or distribution of printed matter.



    (a) The sale or distribution of printed matter is allowed within 

park areas, provided that a permit to do so has been issued by the 

superintendent, and provided further that the printed matter is not 

solely commercial advertising.

    (b) An application for such a permit shall set forth the name of the 

applicant, the name of the organization (if any), the date, time, 

duration, and location of the proposed sale or distribution, the number 

of participants, and any other information required by the permit 

application form.

    (c) The superintendent shall, without unreasonable delay, issue a 

permit on proper application unless:

    (1) A prior application for a permit for the same time and location 

has been made that has been or will be granted and the activities 

authorized by that permit do not reasonably allow multiple occupancy of 

the particular area; or

    (2) It reasonably appears that the sale or distribution will present 

a clear and present danger to the public health and safety; or

    (3) The number of persons engaged in the sale or distribution 

exceeds the number that can reasonably be accommodated in the particular 

location applied for, considering such things as damage to park 

resources or facilities, impairment of a protected area's atmosphere of 

peace and tranquility, interference with program activities, or 

impairment of public use facilities; or

    (4) The location applied for has not been designated as available 

for the sale or distribution of printed matter; or

    (5) The activity would constitute a violation of an applicable law 

or regulation.

    (d) If a permit is denied, the applicant shall be so informed in 

writing, with the reason(s) for the denial set forth.

    (e) The superintendent shall designate on a map, which shall be 

available for inspection in the office of the superintendent, the 

locations within the park area that are available for the sale or 

distribution of printed matter. Locations may be designated as not 

available only if the sale or distribution of printed matter would:

    (1) Cause injury or damage to park resources; or

    (2) Unreasonably impair the atmosphere of the peace and tranquility 

maintained in wilderness, natural, historic, or commemorative zones; or

    (3) Unreasonably interfere with interpretive, visitor service, or 

other program activities, or with the administrative activities of the 

National Park Service; or

    (4) Substantially impair the operation of public use facilities or 

services of National Park Service concessioners or contractors.

    (5) Present a clear and present damage to the public health and 

safety.

    (f) The permit may contain such conditions as are reasonably 

consistent with protection and use of the park area for the purposes for 

which it is established.

    (g) No permit shall be issued for a period in excess of 14 

consecutive days, provided that permits may be extended for like 

periods, upon a new application, unless another applicant has requested 

use of the same location and multiple occupancy of that location is not 

reasonably possible.

    (h) It is prohibited for persons engaged in the sale or distribution 

of printed matter under this section to obstruct or impede pedestrians 

or vehicles, harass park visitors with physical



[[Page 31]]



contact or persistent demands, misrepresent the purposes or affiliations 

of those engaged in the sale or distribution, or misrepresent whether 

the printed matter is available without cost or donation.

    (i) A permit may be revoked under any of those conditions, as listed 

in paragraph (c) of this section, that constitute grounds for denial of 

a permit, or for violation of the terms and conditions of the permit. 

Such a revocation shall be made in writing, with the reason(s) for 

revocation clearly set forth, except under emergency circumstances, when 

an immediate verbal revocation or suspension may be made, to be followed 

by written confirmation within 72 hours.

    (j) Violation of the terms and conditions of a permit issued in 

accordance with this section may result in the suspension or revocation 

of the permit.