TITLE 935 INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION
Final Rule
LSA Document #17-214(F)
DIGEST
Adds 935 IAC to set forth rules governing the operation of White River State Park. Effective 30 days after filing with the Publisher.
SECTION 1. 935 IAC IS ADDED TO READ AS FOLLOWS:
TITLE 935 INDIANA WHITE RIVER STATE PARK DEVELOPMENT COMMISSION
ARTICLE 1. PARK OPERATIONS
Rule 1. Definitions
Authority:
IC 14-13-1-42
Sec. 1. The following definitions apply throughout this article:
(1) "Authorized private event" means a gathering, not open to the general public, whose event application has been approved by the commission or its authorized designees.
(2) "Authorized public event" means a concert or other function, whether ticketed or free, occurring at the park pursuant to a sponsorship or contractual arrangement between the park and a third party, or with the prior written consent of the commission or its authorized designees.
(3) "Commission" means the Indiana White River state park development commission created as a body corporate and politic under IC 14-13-1-5.
(5) "Excluded locations" include the following:
(A) The Indianapolis Zoo, and structures and land under its control.
(B) The National Collegiate Athletic Association Headquarters and Hall of Champions and the land under its control.
(C) The Indiana State Museum and the land under its control.
(D) The Eiteljorg Museum and the land under its control.
(E) Victory Field and the land and structures under the control of Indians, Inc.
(F) Public sidewalks, trails, paths, and walkways (which include the cultural trail along Washington Street) under the control of the city of Indianapolis.
(6) "Firework" and "consumer firework" have the meanings set forth in IC 22-11-14-1.
(7) "Park" means, for the purpose of this article, the real property, structures, improvements, and fixtures held by the commission in the name of the state and commonly known as White River State Park. The park's perimeter is described generally as follows: Starting on West Washington Street at North California Street (the street leading into the State Museum), west along West Washington Street to the White River; north and northwest along the White River to West New York Street; east on New York Street to the White River Wapahini Trail; southeast on the White River Wapahini Trail to Blake Street; north on Blake Street to the walkway at the rear of the NCAA Headquarters Building, east along the walkway to Geisendorf Street, north on Geisendorf Street to Wabash Street (University Boulevard), east on Wabash Street (University Boulevard) to Blackford Street, north on Blackford Street to West New York Street, east on West New York Street to North West Street, south on North West Street to West Washington Street, west on West Washington Street to North California Street, excepting out the excluded locations. Then, starting on West Washington Street on the west side of the White River, along the White River to West New York Street at North White River Parkway, West Drive, then southeast and then south along North White River Parkway, West Drive, to the north side of West Washington Street, east along West
Washington Street to the west side of the White River, excepting out the excluded locations. Also, the real property on the south side of West Washington Street starting at South White River Parkway, West Drive, between West Washington Street and the railroad tracks, west to a point opposite the entrance to North White River Parkway, West Drive. The park includes the pedestrian bridge over White River, the IMAX® Theater at the Indiana State Museum, the surface parking lots, the parking garage, the Canal Walk west of West Street, the Congressional Medal of Honor Memorial, and Military Park. The following is a map of the park:
(8) "Proper enforcement authority" means the following:
(A) An officer of the Indiana state police.
(B) An officer of the capitol police.
(C) Any other sworn Indiana law enforcement officer.
(D) Security personnel with law enforcement authority hired by the commission for the purpose of protecting its property interests or those of its tenants or for ensuring the safety of the public on such property.
(9) "Skateboard" means a motorized or nonmotorized device consisting of two (2) or more wheels affixed to a platform or footboard upon which a rider stands and that does not have steering capability similar to that of a bicycle or brakes that operate on or upon the wheels of the skateboard. It also includes every device generally recognized as a skateboard.
(10) "Skateboarding" means skateboard riding, including standing with one (1) or both feet touching a skateboard or doing handstands with one (1) or both hands touching a skateboard, or sitting, crouching, or lying upon a skateboard while it is in motion.
(11) "Sponsor" means a promoter, organizer, or manager of any authorized public event or of any authorized private event.
(12) "Trespasser" means a person committing criminal trespass as defined in IC 35-43-2-2.
(Indiana White River State Park Development Commission; 935 IAC 1-1-1; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Rule 2. General Applicability
Authority:
IC 14-13-1-42
Sec. 1. This article applies to the park. This article does not apply to excluded locations.
(Indiana White River State Park Development Commission; 935 IAC 1-2-1; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Authority:
IC 14-13-1-42
Sec. 2. The executive director of the park may post such signs at the park and on the park's website as are necessary to advise the general public of the provisions of this article.
(Indiana White River State Park Development Commission; 935 IAC 1-2-2; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Rule 3. Park Hours
Authority:
IC 14-13-1-42
Sec. 1. The park is open to the general public daily from 5 a.m. to 11 p.m. No person shall be permitted within the park between 11 p.m. and 5 a.m. except as provided under section 2 of this rule.
(Indiana White River State Park Development Commission; 935 IAC 1-3-1; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
935 IAC 1-3-2 Exceptions; persons permitted to be in the park after hours
Authority:
IC 14-13-1-42
Sec. 2. The following are excepted from the prohibition of being in the park between 11 p.m. and 5 a.m.:
(1) Persons transiting the park on its paved walkways.
(2) Employees, contractors, or other duly authorized agents of the following:
(A) The commission.
(B) A proper enforcement authority.
(C) Utility companies authorized to be in the park during their course of business.
(D) Private companies, including concert promoters, authorized to be in the park for a specific purpose.
(E) A federal, state, or local governmental entity authorized to be in the park for a specific purpose.
(F) An entity owning or operating an excluded location, when such employee, contractor, or other duly authorized agent is engaged in the necessary performance of his or her duties at an excluded location.
(3) Persons who are transiting the park to reach a vehicle located in the park's garage or parking lots or who are in a vehicle exiting the park's garage or lots.
(4) Persons attending a public or a private event, whether at the park or at an excluded location, up to one (1) hour after the event has concluded.
(Indiana White River State Park Development Commission; 935 IAC 1-3-2; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
935 IAC 1-3-3 Hours of operation – enforcement
Authority:
IC 14-13-1-42
Sec. 3. A person in the park in violation of this rule shall be deemed a trespasser and may be asked to leave by a park employee, an agent of the park, or a proper enforcement authority. Refusal or failure to leave may result in criminal prosecution.
(Indiana White River State Park Development Commission; 935 IAC 1-3-3; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Rule 4. Deadly Weapons
935 IAC 1-4-1 Deadly weapons prohibited at certain events
Authority:
IC 14-13-1-42
Sec. 1. A sponsor of any authorized public event or authorized private event may utilize screening and weapons detection procedures at any point of entry into the event for identifying and prohibiting deadly weapons or knives from being brought, or attempting to be brought, into the event. Such screening shall be at the sponsor's expense.
(Indiana White River State Park Development Commission; 935 IAC 1-4-1; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Authority:
IC 14-13-1-42
Sec. 2. A person who refuses to comply with the sponsor's procedures or insists upon admittance to the event having been denied access as a result of the screening and weapons detection procedures may be informed the person is a trespasser to the event. Continued insistence on admission may result in criminal prosecution.
(Indiana White River State Park Development Commission; 935 IAC 1-4-2; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Rule 5. Other Regulated Activities
Authority:
IC 14-13-1-42
Sec. 1. The following are prohibited at the park:
(1) Skateboarding except transiting the park on its paved walkways.
(2) Motorized vehicles except in designated parking areas. The following are not subject to this prohibition:
(A) Motorized vehicles owned or operated by the park or its personnel or by any proper enforcement authority.
(B) Electric personal assistive mobility devices (Segways).
(C) Motorized wheelchairs.
(3) Fireworks or consumer fireworks.
(4) Biking or rollerblading off park paths or bikeways.
(5) Animals off of a leash or on a leash over six (6) feet in length.
(Indiana White River State Park Development Commission; 935 IAC 1-5-1; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
935 IAC 1-5-2 Activities requiring prior written approval and only permitted at authorized private events or authorized public events
Authority:
IC 14-13-1-42
Sec. 2. The following require prior written approval from the commission or its authorized designee, which approval shall be given only for authorized private events or authorized public events:
(1) Signage, banners, or marketing materials affixed to any part of park property.
(2) Grills, cook stoves, or any other use of fire or open flame.
(3) Tents, enclosures, risers, staging, or other temporary structures.
(4) Using a newly seeded lawn.
(5) Camping.
(6) Loudspeakers, microphones, or other amplified sound devices.
(7) Selling goods or services other than by a park-licensed concessionaire.
(Indiana White River State Park Development Commission; 935 IAC 1-5-2; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Authority:
IC 14-13-1-42
Sec. 3. A person engaging in an activity prohibited by this rule who does not stop doing so upon request by a park employee, an agent of the park, or a proper enforcement authority shall be deemed a trespasser. Refusal or failure to cease the activity may result in criminal prosecution.
(Indiana White River State Park Development Commission; 935 IAC 1-5-3; filed Dec 1, 2017, 10:37 a.m.: 20171227-IR-935170214FRA)
Hearing Held: October 27, 2017
Approved by Attorney General: November 17, 2017
Approved by Governor: November 29, 2017
Filed with Publisher: December 1, 2017, 10:37 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Alexander R. Umlauf II, Outreach & Events Logistics Operations, 801 West Washington Street, Indianapolis, IN 46204, (317) 233-2421, aumlauf@wrsp.in.gov
Posted: 12/27/2017 by Legislative Services Agency
DIN: 20171227-IR-935170214FRA
Composed: Apr 18,2024 12:53:52AM EDT
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