(1) Soliciting or demanding gifts, money, goods, or services is prohibited in state parks, except pursuant to the terms and conditions of a special use permit or commercial use permit, or other contract issued for such activity.

(2) Public assembly of one or more individuals, including demonstrations, picketing, speechmaking, marching, holding vigils or religious services, and similar forms of conduct that involve the communication or expression of views or grievances or are reasonably likely to attract a crowd or onlookers are allowed in state parks when a permit has been issued. An application for a permit may be submitted on forms as may be provided by the department or in any written form so long as the permit application sets forth the following:

(a) the name or organization name, address, and phone number of the applicant;

(b) the date, time, duration, nature, and place of the proposed event, including a description or schedule of events and activities;

(c) an estimate of the number of people expected to attend, including the basis for the estimate;

(d) special equipment, including temporary structures such as speakers' stands, platforms, lecterns, chairs, benches or the like, and any sound amplification equipment to be used in connection with the event;

(e) special facilities including emergency first aid, additional sanitation and refuse collection facilities, to be used in connection with the event;

(f) crowd control to be provided by the event sponsor;

(g) designation of a responsible individual with whom officials may coordinate event activities, plans, and preparations; and

(h) whether there is any reason to believe that there will be an attempt to disrupt, protest, or prevent the event.

(3) Areas within state parks may be designated for permitted public assembly activities provided that activities would not:

(a) cause injury or damage to park resources;

(b) unreasonably impair the atmosphere of peace and tranquility maintained in natural, historic, or commemorative zones;

(c) unreasonably interfere with interpretive, visitor service, or other program activities, or with the administrative activities of the department;

(d) substantially impair the operation of public use facilities or services of concessioners, holders of commercial use authorizations, or contractors;

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

(f) otherwise be incompatible with the nature and traditional use of the particular state park involved.

(4) The department must issue a permit or a written denial within ten days of receiving a complete and fully executed application. A permit will be issued unless:

(a) a prior permit application has been or will be granted for a permit for the same time and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area;

(b) it reasonably appears that the event will present a clear and present danger to public health or safety;

(c) the event is of such nature or duration that it cannot reasonably be accommodated in that particular state park, 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;

(d) the location applied for has not been designated as available under (3); or

(e) the activity would constitute a violation of an applicable law or regulation.

(5) The permit may contain conditions reasonably consistent with the requirements of public health and safety, protection of park resources, and the use of the park area for the purposes for which it was established. It may also contain reasonable limitations of the equipment used and the time and area within which the event is allowed.

(6) Violation of these regulations or the terms of the permit are prohibited and may lead to permit revocation in addition to other applicable penalties.

(7) Revocation of a permit or order to cease will be made in writing, with the reasons clearly set forth. In emergency situations, verbal revocation or order to cease may take place, followed by written confirmation within 72 hours.

History: 23-1-106, 23-1-111, MCA; IMP, 23-1-106, 23-1-111, MCA; NEW, 2016 MAR p. 825, Eff. 5/7/16.