36 CFR § 1.5(a)(1) – Visiting hours, public use limits and closures
Visiting Hours
• The Visitor Center is open to visitors from the 3rd Saturday in May through the 4th Sunday October.
• Operating hours beginning in May through Labor Day are every day from 10 AM to 6 PM.
• From Labor Day until September 30th, hours are every day from 10 AM to 5 PM.
• During October, the Visitor Center and Memorial are only open Friday through Monday from 10 AM to 5 PM.
Determination –The above schedule is in place to provide maximum visitor and resource protection consistent with current staffing levels
Public Use Limits
Parking Lots
• Parking in the Visitor Center and Memorial parking lots is limited to 3 hours.
Determination – Parking at the memorial is extremely limited. To ensure the availability of parking spaces for the public, a parking time limit has been established.
Closures
Memorial Column, Plaza and Observation Deck
• Closed during construction through spring 2028.
Parking Lots
• The visitor center parking lot and parking in front of the Memorial - Bayview (Route 357) are closed from the hours of 12 midnight to 6 am daily. Overnight parking is prohibited.
Determination – Parking lots are closed outside of regular operating hours for the protection of park property.
Picnicking
• Picnicking is prohibited on the plaza areas of the Memorial
Determination – Picnicking in this area is considered an incompatible use due to proximity to the tomb of six American and British officers killed in the Battle of Lake Erie. This is the minimum restriction necessary to maintain a solemn and respectful atmosphere for the fallen officers.
36 CFR § 1.5(a)(2) - The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Recreational and Sporting Activities
• Recreational activities such as kite flying, frisbee, sunbathing, yoga, snowshoeing, cross-country skiing, golf, archery, organized sports/games, etc. are not permitted in the plaza area of the memorial.
Determination - Restrictions are necessary due to the incompatibility of these activities with the congressional legislation created to maintain the memorial “…perpetually memorializing the victory of Commodore Oliver Hazard Perry in the Battle of Lake Erie, and General William Henry Harrison’s Northwestern Campaign in the War of 1812, and commemorating the century of peace which has ensued between Great Britain and the United States since the termination of that conflict by the signing of the Treaty of Ghent…”
• Unmanned Aircraft - Launching, landing, or operating an uncrewed or remotely piloted aircraft from or on lands and waters administered by the National Park Service within the boundaries of the Perry’s Victory and International Peace Memorial is prohibited except as approved in writing by the superintendent.
Determination: This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Reference Manual #60: Aviation Management, Chapter 12 – Uncrewed Aircraft Systems.
Filming, still photography, and audio recording
• Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
• Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
• If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.
Determination: Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System
unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions
The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.
• Launching or landing uncrewed aircraft. 36 CFR 1.5.
• Specimen collection for research purposes. 36 CFR 2.5
• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6
• Camping in day use areas. 36 CFR 2.6
• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.
• Operating a public address system 36 CFR 2.12.
• Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR 2.17.
• Soliciting or demanding gifts, money, goods or services. 36 CFR 2.37.
• Using, possessing, storing, or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38.
• Conducting a special event. 36 CFR 2.50.
• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.
• Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52.
• Running-at-large, herding, driving across, allowing on, pasturing, or grazing of livestock or using the park for agriculture. 36 CFR 2.60.
• Residing on federal lands. 36 CFR 2.61.
• Scattering of human ashes from cremation. 36 CFR 2.62.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1.
• Engaging in or soliciting any business. 36 CFR 5.5.
• Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information). 54 U.S.C. 100905.
• Using commercial vehicles on NPS-administered roads. 36 CFR 5.6.
• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7.
• Rights-of-way. 36 CFR part 14.
• Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3.
• Excavating or removing archeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.
36 CFR § 2.2 (e) – Viewing of wildlife with artificial light
• The entire park is closed to viewing wildlife by artificial light.
Determination - The purpose of this regulation is to protect park wildlife from poaching activity and the effect of temporarily blinding the animal and potentially jeopardizing its safety.
36 CFR § 2.13 – FIRES.
36 CFR § 2.13(a)(1) – Conditions on Lighting or Maintaining a Fire
• A fire may be ignited and maintained only by using fuel sources designed and commonly used for warmth or the preparation of food, such as charcoal briquettes or natural firewood. Lighting or maintaining a fire with other materials including, but not limited to, flammable liquids, garbage, fireworks, plastics, aerosol canisters, batteries, or other manufactured or synthetic materials, is prohibited.
Determination - This action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, and the implementation of management responsibilities. Materials other than approved combustibles – especially fire accelerants and substances prone to wind transport or explosion – creates serious risks when used to light or maintain fires. These combustibles can ignite or spread wildfires that directly threaten people and valuable resources and assets. The burning of manufactured or synthetic materials can contribute to air pollution,
contaminate soil and water, and be toxic to humans and the environment. Less restrictive measures, such as an education campaign informing visitors of the risks of using certain materials to light or maintain a fire, would not be commensurate with the substantial risks associated with those activities and could lead to adverse outcomes that might be prevented by establishing an enforceable condition.
Designated Areas
• Fires are allowed in the employee housing area when attended by an employee and only in appropriate containers or designated fire rings.
Determination: Designated fire containers/rings are only located in the housing areas for the use of park employees.
36 CFR § 2.15 (a)(5) – Pet Excrement
• Pet excrement shall be removed immediately from the park or deposited in a refuse container.
Determination: This restriction is intended to reduce any possible conflict between users, and to provide for a healthy safe environment for visitors, other pets, water resources and wildlife.
36 CFR § 2.15 (e) – Pets in Employee residences
• Seasonal employees are not allowed to keep pets in or around park housing units.
• Permanent employees are allowed to keep pets in their non-shared housing units.
Determination: the prohibition of pets in transient seasonal quarters minimizes conflicts related to safety and human health.
36 CFR § 2.35(a)(3)(i) – Closures to Alcohol
The consumption of alcoholic beverages or the possession of an open container of an alcoholic beverage is prohibited in the following areas:
• Within all government buildings or facilities, except by authorization by the Superintendent
Determination: Prohibition in government buildings is intended to reduce conflict between users and enhance visitor safety and enjoyment. The park sponsors no interpretive event where alcohol is considered a contributive component to the visitor understanding of themes and/or educational elements.
36 CFR 2.51(c)(2) – Designated locations.
The following locations are designated as available for demonstrations. A permit is not required for a demonstration in designated locations if it involves 25 persons or fewer and does not involve structures.
• See Appendix B for map of designated areas.
Determination: The designated locations are in prominent locations that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities.
