571—61.7  (461A)  Restrictions—area and use.  This rule sets forth conditions of public use which apply to all state parks and recreation areas. Specific areas as listed in 61.4(6), 571—61.8(461A) and 571—61.11(461A) are subject to additional restrictions or exceptions. The conditions in this rule are in addition to specific conditions and restrictions set forth in Iowa Code chapter 461A.
	   61.7(1) Animals.
	      a.    	  The use of equine animals and llamas is limited to roadways or to trails designated for such use.
	      b.    	  Animals are prohibited within designated beach areas.
	      c.    	  Livestock are not permitted to graze or roam within state parks and recreation areas. The owner of the livestock shall remove the livestock immediately upon notification by department personnel in charge of the area.
	      d.    	  Animals are prohibited in all park buildings, with the following exceptions:
	       (1)  	  Service dogs and assistive animals.
	       (2)  	  Dogs in designated cabins and yurts. A maximum of two dogs of any size shall be allowed in any designated cabin or yurt.
	       (3)  	  Animals being used in education and interpretation programs.
	      e.    	  Except for dogs being used in designated hunting or in dog training areas, pets such as dogs or cats shall not be allowed to run at large within state parks, recreation areas, or preserves. Such animals shall be on a leash or chain not to exceed six feet in length and shall be either led by or carried by the owner; attached to an anchor/tie-out or vehicle; or confined in a vehicle. Pets shall not be left unattended in campgrounds. Dogs shall be kenneled when left unattended in a cabin or yurt and shall not be left unattended if tied up outside of the cabin or yurt.
	   61.7(2) Beach use/swimming.
	      a.    	  Except as provided in paragraphs “b” and “c” of this subrule, all swimming and scuba diving shall take place in the beach area within the boundaries marked by ropes, buoys, or signs within state parks and recreation areas. Inner tubes, air mattresses and other beach-type items shall be used only in designated beach areas.
	      b.    	  Persons may scuba dive in areas other than the designated beach area provided they display the diver’s flag as specified in rule 571—41.10(462A).
	      c.    	  Swimming outside beach area.
	       (1)  	  Persons may swim outside the beach area under the following conditions:
	      1. 	  Swimming must take place between sunrise and sunset;
	      2. 	  The swimmer must be accompanied by a person operating a vessel and must stay within 20 feet of the vessel at all times during the swim;
	      3. 	  The vessel accompanying the swimmer must display a flag, which is at least 12-inches square, is bright orange, and is visible all around the horizon; and
	      4. 	  The person swimming pursuant to this subparagraph must register with the park staff in charge of the area and sign a registration immediately prior to the swim.
	       (2)  	  Unless swimming is otherwise posted as prohibited or limited to the designated beach area, a person may also swim outside the beach area provided that the person swims within ten feet of a vessel which is anchored not less than 100 yards from the shoreline or the marked boundary of a designated beach. Any vessel, except one being uprighted, must be attended at all times by at least one person remaining on board.
	       (3)  	  A passenger on a sailboat or other vessel may enter the water to upright or repair the vessel and must remain within ten feet of that vessel.
	      d.    	  The provisions of paragraph “a” of this subrule shall not be construed as prohibiting wading in areas other than the beach by persons actively engaged in shoreline fishing.
	      e.    	  Alcoholic liquor, beer, and wine, as each is defined in Iowa Code section 123.3, are prohibited on the beaches located within Lake Macbride State Park and Pleasant Creek State Recreation Area. This ban does not apply to rental facilities located within the 200-foot buffer of land surrounding the sand or fenced-in area that have been officially reserved through the department.
	   61.7(3) Bottles. Possession or use of breakable containers, the fragmented parts of which can injure a person, is prohibited in beach areas of state parks and recreation areas.
	   61.7(4) Chainsaws. Except by written permission of the director of the department, chainsaw use is prohibited in state parks and recreation areas. This provision is not applicable to employees of the department in the performance of their official duties.
	   61.7(5) Firearms. The use of firearms in state parks and recreation areas as defined in rule 571—61.2(461A) is limited to the following:
	      a.    	  Lawful hunting as traditionally allowed at Badger Creek Recreation Area, Brushy Creek Recreation Area, Pleasant Creek Recreation Area, Mines of Spain Recreation Area (pursuant to rule 571—61.9(461A)), Volga River Recreation Area and Wilson Island Recreation Area.
	      b.    	  Target and practice shooting in areas designated by the department.
	      c.    	  Special events, festivals, and education programs sponsored or permitted by the department.
	      d.    	  Special hunts authorized by the commission to control deer populations.
	   61.7(6) Fishing off boat docks within state areas. Persons may fish off all state-owned docks within state parks and recreation areas. Persons fishing off these docks must yield to boats and not interfere with boaters.
	   61.7(7) Garbage. Using government refuse receptacles for dumping household, commercial, or industrial refuse brought as such from private property is prohibited.
	   61.7(8) Motor vehicle restrictions.
	      a.    	  Except as provided in these rules, motor vehicles are prohibited on state parks, recreation areas and preserves except on constructed and designated roads, parking lots and campgrounds.
	      b.    	  Use of motorized vehicles by persons with physical disabilities. Persons with physical disabilities may use certain motorized vehicles to access specific areas in state parks, recreation areas and preserves, according to restrictions set out in this paragraph, in order to enjoy the same recreational opportunities available to others. Allowable vehicles include any self-propelled electric or gas vehicle which has at least three wheels, but no more than six wheels, and is limited in engine displacement to less than 800 cubic centimeters and in total dry weight to less than 1,450 pounds.
	       (1)  	  Permits.
	      1. 	  Each person with a physical disability must have a permit issued by the director in order to use a motorized vehicle in specific areas within state parks, recreation areas, and preserves. Such permits will be issued without charge. One nonhandicapped companion may accompany the permit holder on the same vehicle if that vehicle is designed for more than one rider; otherwise the companion must walk.
	      2. 	  Existing permits. Those persons possessing a valid permit for use of a motorized vehicle on game management areas as provided in 571—51.7(461A) may use a motorized vehicle to gain access to specific areas for recreational opportunities and facilities within state parks, recreation areas and preserves.
	       (2)  	  Approved areas. On each visit, the permit holder must contact the park staff in charge of the specific area in which the permit holder wishes to use a motorized vehicle. The park staff must designate on a park map the area(s) where the permit holder will be allowed to use a motorized vehicle. This restriction is intended to protect the permit holder from hazards or to protect certain natural resources. The map is to be signed and dated on each visit by the park staff in charge of the area. Approval for use of a motorized vehicle on state preserves also requires consultation with a member of the preserves staff in Des Moines.
	       (3)  	  Exclusive use. The issuance of a permit does not imply that the permittee has exclusive or indiscriminate use of an area. Permittees shall take reasonable care not to unduly interfere with the use of the area by others.
	       (4)  	  Prohibited acts and restrictions.
	      1. 	  Except as provided in 61.7(8)“b,” the use of a motorized vehicle on any park, recreation area or preserve by a person without a valid permit or at any site not approved on a signed map is prohibited. Permits and maps shall be carried by the permittee at any time the permittee is using a motorized vehicle in a park, recreation area or preserve and shall be exhibited to any department employee or law enforcement official upon request.
	      2. 	  The speed limit for an approved motor vehicle off-road will be no more than 5 mph. The permit of a person who is found exceeding the speed limit will be revoked.
	      3. 	  The permit of any person who is found causing damage to cultural and natural features or abusing the privilege of riding off-road within the park will be revoked.
	       (5)  	  Employees exempt. Restrictions in subrule 61.7(8) shall not apply to department personnel, law enforcement officials, or other authorized persons engaged in research, management or enforcement when in performance of their duties.
	   61.7(9) Noise. Creating or sustaining any unreasonable noise in any portion of any state park or recreation area is prohibited at all times. The nature and purpose of a person’s conduct, the impact on other area users, the time of day, location, and other factors which would govern the conduct of a reasonable, prudent person under the circumstances shall be used to determine whether the noise is unreasonable. Unreasonable noise includes, but is not necessarily limited to, the operation or utilization of motorized equipment or machinery such as an electric generator, motor vehicle, or motorized toy; or audio device such as a radio, television set, public address system, or musical instrument. Between the hours of 10:30 p.m.	and 6 a.m., noise which can be heard at a distance of 120 feet or three campsites shall be considered unreasonable.
	   61.7(10) Opening and closing times. Except by arrangement or permission granted by the director or the director’s authorized representative or as otherwise stated in this chapter, the following restrictions shall apply: All persons shall vacate all state parks and preserves before 10:30 p.m.	each day, except authorized campers in accordance with Iowa Code section 461A.46, and no person or persons shall enter into such parks and preserves until 4 a.m.	the following day.
	   61.7(11) Paintball guns. The use of any item generally referred to as a paintball gun is prohibited in state parks, recreation areas and preserves.
	   61.7(12) Restrictions on picnic site use.
	      a.    	  Open picnic sites marked with the international symbol of accessibility shall be used only by a person or group with a person qualifying for and displaying a persons with disabilities parking permit on the person’s vehicle.
	      b.    	  Paragraph 61.7(12)“a” does not apply to picnic shelters marked with the international accessibility symbol. The use of the symbol on shelters shall serve only as an indication that the shelter is wheelchair accessible.
	   61.7(13) Rock climbing or rappelling. The rock climbing practice known as free climbing and climbing or rappelling activities which utilize bolts, pitons, or similar permanent anchoring equipment or ropes, harnesses, or slings are prohibited in state parks and recreation areas, except by persons or groups registered with the park staff in charge of the area. Individual members of a group must each sign a registration. Climbing or rappelling will not be permitted at Elk Rock State Park, Marion County; Ledges State Park, Boone County; Dolliver Memorial State Park, Webster County; Stone State Park, Woodbury and Plymouth Counties; Maquoketa Caves State Park, Jackson County; Wildcat Den State Park, Muscatine County; or Mines of Spain Recreation Area, Dubuque County. Other sites may be closed to climbing or rappelling if environmental damage or safety problems occur or if an endangered or threatened species is present.
	   61.7(14) Speech or conduct interfering with lawful use of an area by others.
	      a.    	  Speech commonly perceived as offensive or abusive is prohibited when such speech interferes with lawful use and enjoyment of the area by another member of the public.
	      b.    	  Quarreling or fighting is prohibited when it interferes with the lawful use and enjoyment of the area by another member of the public.
	   61.7(15) Deer population control hunts. Deer hunting as allowed under Iowa Code section 461A.42(1) “c” is permitted only during special hunts in state parks as provided under 571—Chapter 105 and as approved by the commission. During the dates of special hunts, only persons engaged in deer hunting shall use the area or portions thereof as designated by the department and signed as such.
	   61.7(16) Special event permits. Rescinded IAB 6/1/11, effective 7/6/11.
[ ARC 7683B , IAB 4/8/09, effective 5/13/09;    ARC 9541B , IAB 6/1/11, effective 7/6/11;    ARC 0383C , IAB 10/3/12, effective 11/7/12;    ARC 2694C , IAB 8/31/16, effective 10/5/16]