NPS
TONTO NATIONAL MONUMENT TITLE 36, CHAPTER 1 COMPENDIUM OF DESIGNATIONS, CLOSURES, AND OTHER RESTRICTIONS UNDER THE DISCRETIONARY AUTHORITY OF THE SUPERINTENDENT Approved: Lucas Hoedl, Superintendent (Acting) Date In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1 through 7, authorized by Title 16 United States Code, Section 3, the following regulatory provisions are established for the proper management, protection, government and public use of Tonto National Monument under the jurisdiction of the National Park Service. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in Title 36 Code of Federal Regulations, Chapter 1, Parts 1 through 7. The Compendium must be read in conjunction with Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7. It cannot be read as a stand-alone document. Title 36 of the CFR can be located at www.ecfr.gov. PART 1 – GENERAL PROVISIONS 36 CFR §1.1 – Definitions The following are terms used in this document. A more complete listing can be found under Title 36 CFR §1.4 or §1.5, or online at http://www.ecfr.gov. • ADMINISTRATIVE ACTIVITIES: means those activities conducted under the authority of the National Park Service for the purpose of safeguarding persons or property, implementing management plans and policies developed in accordance and consistent with Title 36, Code of Federal Regulations, Chapter 1, or repairing or maintaining government facilities, (e.g., contractor, concessioner, researcher). • ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS): means a batterypowered device capable of delivering inhaled aerosolized nicotine and other additives to the user. ENDS are marketed under a variety of brand names and descriptors, including electronic cigarettes, e-cigs, hookah pens, vape pens, vaporizers and others. • E-BIKE: “The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). • FIRE: means any combustion of combustible materials of any type outdoors. • IDLING: means the engine is running while a car, truck, bus or any vehicle is stationary. • SERVICE ANIMAL: Service animals are not subject to the park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. • PACK ANIMALS: means only horses, burros, mules and llamas. • SKATEBOARD: means a board having a set of wheels mounted under it or on the side, ridden in a standing, crouching or seated position. • UNMANNED AIRCRAFT: means any device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce. 36 CFR §1.2 – Applicability and Scope The regulations and public use limits or restrictions contained in this document apply to all persons entering, using, visiting or otherwise within the boundaries of Tonto National Monument, under the jurisdiction of the National Park Service. 36 CFR §1.5 – Visiting Hours, Public Use Limits, and Closures (a)(1) The following visiting hours and public use limits are established for all or for portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity: Visiting Hours: Tonto National Monument is open to the public from 8:00 a.m. to 5:00 p.m. The Superintendent may establish extended or reduced hours of operation in response to seasonal needs. General Public Access: The Monument is closed to the public on Thanksgiving Day, December 25th, and New Years Day. The park will close two hours early December 24th, and New Years Eve. To protect the fragile cultural resources of the Monument, the Upper Cliff Dwelling and Upper Cliff Dwelling Trail are closed to public entry except to participants on NPS- conducted tours and individuals so authorized by the Superintendent. All other archeological sites are closed to the public unless so authorized by the Superintendent. No off-trail travel is allowed in the Monument. The Lower Cliff Dwelling and Lower Cliff Dwelling Trail are open daily from 8:00 a.m. to 4:00 p.m. from September 1 to May 31 and from 8:00 a.m. to 12:00 p.m. from June 1 to August 31. All areas within Tonto National Monument are specified as “day-use” only and are closed to overnight camping and parking. Old State Route 88, north of the present highway, is closed to public access. Interagency partners can request access to this area for wildland fire physical training since it is adjacent to USFS roads, offices, and housing. Access to the Salt River Power right-of-way is through a locked gate below the air quality station and is closed to all off-road vehicle use, except when authorized by the Superintendent. In the Lower Cliff Dwelling, Rooms 9 and 13 are closed to public access with posted signage. Room 10 is accessible to the public, except beyond the physical barrier, in order to protect the fragile wood roofing. This closure beyond the physical barrier is also posted by signage. Rooms 14 and 15 are closed to the public to protect the fragile roof and hearth, respectively. The Superintendent can impose additional restrictions, as hazardous or emergency conditions require, by posting appropriate signs. Determination: All visitors to Tonto National Monument must initially pass through the Visitor Center contact area, in order to pay the entrance fee. There, they will be informed of the significance of the Monument, about the sensitivity of natural and cultural resources, and any resource-related regulations. They will be informed that travelling on foot or by vehicle through closed areas will result in damage or disturbance to sensitive natural and cultural resources. Employee Residences, Administration Building and Maintenance/Resources Areas: All administrative, maintenance and residential areas, including buildings, facilities, yards, and residences, are closed to public access. All personal property of employees or residents of the monument is closed to public access. Determination: Due to the remote nature of Tonto National Monument, and because of the need for expanded vigilance over its fragile resources, it has been deemed necessary to house employees within the NPS Residence Area contained within the Monument’s boundaries. In the interest of maintaining the privacy and safety of these employees, public visitation to this area is prohibited. Temporary Trail Closures: Both the Upper and Lower Cliff Dwelling Trails may be closed on a temporary basis due to adverse environmental conditions, safety concerns, or maintenance projects. Determination: Conditions for temporary closure of the trails may include snow, ice, high winds, thunderstorms and lightning, presence of potentially hazardous wildlife, Africanized bees, fire danger, excessive heat, or rock-falls. It may also be necessary to close the trails during major maintenance and preservation activities. Any excessive heat warnings, watches, and advisories issued by the National Weather Service for the Tonto National Monument area may result in closure of the Lower Cliff Dwelling and Trail. (a)(2) The following restrictions and/or conditions are in effect for the specific uses or activities noted: Smoking, Electronic Nicotine Delivery Systems, and Fire Restrictions: When established fire restrictions are in effect, smoking will be limited within Tonto National Monument to the Visitor Center Parking Area or in vehicles with windows closed. Electronic Nicotine Delivery Systems (ENDS): The use of e-cigarettes and other Electronic Nicotine Delivery Systems will be subject to the same restrictions as tobacco smoking. Determination: Smoking during high fire danger could result in a catastrophic wildfire, impacting natural and cultural resources and endangering the safety of staff and visitors. Current research indicates inhaling aerosolized vapors from an ENDS has some level of public health risk for nearby people in areas with limited ventilation, and for people with compromised health conditions. Vehicle Idling and Generators: All vehicles, including passenger carrying buses, must shut down their engines when parked, except while loading or unloading passengers. All vehicles are subject to this restriction on all park roads and areas within Tonto National Monument. Running/idling generators are prohibited. Determination: The idling of engines or generators adds unnecessary exhaust fumes to the air and diminishes visitor enjoyment of the peace and tranquility of the Monument. Geocaching: The activity of geocaching is not allowed within the boundaries of Tonto National Monument. Determination: All visitors to Tonto National Monument must initially pass through the Visitor Center Contact Area, in order to pay the entrance fee. There, they will be informed of the significance of the Monument, the sensitivity of natural and cultural resources, and applicable resource-related regulations. They will be informed that travelling on foot or by vehicle through closed areas will result in damage or disturbance to sensitive natural and cultural resources. Segways or Similar Device Use: The use of “Segways” and similar gyroscopically controlled devices are considered the same as motorized wheelchairs and may be used (as provided by ADA law) by persons with mobility disabilities. Use of Segways outside of ADA law is not permitted. The use of Segways or similar personal transportation devices by mobility impaired persons will be permitted under the following conditions: A. The operation of the Segway will be limited to the following locations: The interior spaces of the Tonto National Monument Visitor Center, normally accessible to the public. Publicly accessible paved roads, parking lots, and picnic areas The Lower Cliff Dwelling Trail The Cactus Patch Trail Amphitheater/Ramada B. The operator of the Segway will: Provide authenticated documentation to staff upon entry to the Visitor Center, such as, a note from a physician, handicap vehicle registration, or a National Park Service Access Pass to verify the operator’s status as mobility impaired. Wear an approved safety helmet. Segway recommends that riders wear a multi-impact helmet and there is a specific ASTM (American Society for Testing and Materials) standard for Segway helmets. A commonly manufactured bicycle-style helmet will meet this requirement. Yield the Right of Way to pedestrians at all times. Keep their Segway on the maintained trail or roadway surfaces at all times in the areas indicated in the above section. Not be operated at a speed exceeding four miles per hour (the speed of a brisk walking pace) at any time. Utilize extreme caution at all times, particularly while traversing areas involving slopes, irregular surfaces, or steep drop-offs. Prominently display a blue handicap placard on the Segway. Determination: Due to concentrated public visitation, varied topography and potentially congested or confined trail conditions encountered at Tonto National Monument, Segway use is limited to certain areas of the Monument, which are generally those accessible to regular and motorized wheelchairs. Use of Segways is specifically prohibited from use on any portion of the Upper Cliff Dwelling Trail where manually or powered wheelchairs cannot safely maneuver due to the presence of highly uneven and rough topography, narrow trail surfaces, and steep cliffs. The Superintendent has determined that this designation is in compliance with NPS policy and is a reasonable attempt to make the Park’s programs, facilities and services more accessible to people with impaired mobility. Unmanned Aircraft: Launching, landing or operating an unmanned aircraft from, above, or on lands and waters administered by the National Park Service within the boundaries of Tonto National Monument is prohibited, except as approved in writing by the Superintendent. Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Tonto National Monument will conflict with, or impact, a variety of park use, including visitor experience of unimpaired view sheds; the disturbance, displacement or harassment of park wildlife, present potential for impacts or damage to sensitive archeological sites, and create public safety hazards near roadways, trails, or large groups of visitors. Less restrictive measures were not considered sufficient, due to the rapidly expanding and evolving use of UAs throughout the world. Section 1.5 of NPS Management Policies 2006 provide that a new form of park use may be allowed within a park only after a determination has been made by the Superintendent that it will not result in unacceptable impacts on park resources and values. Closed Circuit Television (CCTV): In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Tonto National Monument uses Closed Circuit Television (CCTV) security camera monitoring. The NPS’s use of CCTV for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers. Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law. 36 CFR §1.6 – Activities That Require a Permit (f) The following is a compilation of those activities for which a permit from the Superintendent is required: • §1.5(d) The following activities related to Public Use Limits: Demonstrations Athletic events Weddings Other special events Gathering of native plants for ethnographic use by affiliated Tribal Nations for traditional purposes. Commercial filming (see also 5.5) • §2.4(d) Carry, possess or use a weapon (excluding firearms), trap, or net • §2.5(a) Specimen collection (plants, fish, wildlife, rocks, or minerals) • §2.10(a) Backcountry Camping • §2.12 Audio Disturbances: (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine, except upon a roadway or parking area (a)(4) Operation of a public address system, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51 • §2.23 Special recreation activities • §2.37 Soliciting or demanding gifts, money, goods or services • §2.38 Explosives: (a) Use, possess, store, transport explosives, blasting agents (b) Use or possess fireworks • §2.50(a) Special events, weddings, organized running events, and any other activities of organized groups that require park oversight or are not part of the normal visitor experience. • §2.51(a) Public assemblies, meetings, gatherings, demonstrations, and other public expressions of view will be permitted if a permit has been issued in accordance with 36 CFR §2.51 at locations designed to balance the legitimate need of persons to express their views while allowing for the needs of park visitors to enjoy the park and its resources. A small group is defined as “25 people or less”. A small group is not required to obtain a First Amendment Permit, if they are located within a park designated First Amendment Site and have no more than leaflets, booklets, and/or handheld sign. A large group is defined as “more than 25 people” and is required to obtain a First Amendment Permit, even if they are utilizing a park designated First Amendment Site. • §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising. • §2.61(a) Residing on federal lands • §2.62(b) Memorialization (Scattering ashes from human cremation) • §4.11(a) Exceeding established vehicle load, weight, and size limits • §5.1 Advertisements – (Display, posting or distribution) • §5.3 Engaging in or soliciting any business (requires a permit, contract, or other written agreement with the United States, or must be pursuant to special regulations) • §5.5 Commercial Photography/Filming: Filming/Photography activities – whether commercial or noncommercial – will be allowed provided that the activities are appropriate to the park purpose, do not portray the violation of or violate any local or federal laws, and do not cause unacceptable impacts to park resources or public use. All commercial and non-commercial filming requires a permit. Commercial filming is defined as film, electronic, magnetic, digital, or other recordings of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, television broadcast, documentary, or other similar projects. Commercial filming activities may include the advertisement of a product or service, or the use of actors, models, sets, or props. Still photography activities, whether commercial or noncommercial, require a permit when: (a) the activity takes place in locations(s) where or when members of the public are generally not allowed: or (b) the activity uses model(s), set(s) or Prop(s) that are not a part of the locations’ natural or cultural resources or administrative facilities; or (c) the park would incur additional administrative costs to monitor the activity; or (d) the park needs to provide management and oversight to (1) avoid impairment or incompatible use of the resources and values of the park, or (2) limit resource damage, or (3) minimize health or safety risks to the visiting public. News coverage does not require a permit, but is subject to time, place, and manner restrictions, if warranted, to maintain order and ensure the safety of the public and the media, and to protect natural and cultural resources. • §5.6(c) Use of commercial vehicles on park area roads • §5.7 Construction of buildings, facilities, trails, roads, path, structure, etc. PART 2 – GENERAL REGULATIONS 36 CFR §1.7 – PUBLIC NOTICE (a) Notice of the closures identified in Section 1.5 will be as follows: Changes in the Monument’s hours of operation shall be announced by press releases, prior to the effective date, and posted at the Monument’s entrance gate on the effective date. The entrance road at the junction with State Route 188 will be signed, prohibiting public entry during the hours the Monument is closed. The entrance gate to the Upper Cliff Dwelling Trail, and the entrance gate into the Upper Cliff Dwelling, will be signed as closed to entry unless accompanied by park staff. The entrance turnaround and picnic area will be signed with “no backcountry hiking.” The Lower Cliff Dwelling and Trail are closed after 4:00 p.m. with a chain and sign across the trail. 36 CFR §2.1 – Preservation of Natural, Cultural, and Archeological Resources (a)(4) The collection of any wood within the Monument is prohibited. (a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the Superintendent is prohibited. Walking within the Lower and Upper Cliff Dwellings is permitted where authorized. (b) Because of public safety and protection of the cultural and natural resources, hiking is restricted to established trails only. (c)(1) The following fruits, nuts, and beans may be gathered in small amounts by hand for personal use or consumption: Jojoba nut Mesquite bean Prickly pear cactus fruit Palo Verde bean Cholla buds Determination: The removal of native fruits in limited quantities does not have an adverse impact on park resources. Commercial harvesting of fruits would deny visitors the opportunity to experience the park in its natural state and could lead to resource degradation. 36 CFR §2.2 – Wildlife Protection (e) The Monument is closed to the viewing of wildlife with the use of an artificial light. All areas within the Monument’s boundaries are closed to the use of artificial lights (other than UV) for the purpose of viewing wildlife. The superintendent may, on a case-by-case basis, approve the use of artificial light for the purpose of filming, scientific viewing or interpretive activities in accordance with DO/RM-53 Filming Guidelines. Determination: Animal’s natural habits and activities can be adversely affected while being artificially illuminated. Some of these activities include feeding, resting, and mating. The proliferation of poor-quality outdoor lighting is the principal threat to the night sky. Reducing the number of multiple lighting systems will allow for activities focused on public enjoyment of dark skies. 36 CFR §2.4 – Weapons, Traps, and Nets (d) The new federal law allows possession of all firearms that meet applicable federal, state, and local laws in national parks. All other weapons – including bows - must comply with 36 CFR 2.4 (a)(1). A permit is required to possess a weapon, trap or net. The Superintendent will only issue a permit to carry or possess a weapon, trap, or net under the following circumstances: (1) When necessary to support approved/permitted research activities. (3) For employees, agents, or cooperating officials in performance of their official duty. 36 CFR §2.10 – Camping and Food Storage (a) Camping is prohibited on all park lands, except when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent. Determination: There are no designated camping areas within Tonto National Monument. Occasionally camping is allowed when it is associated with a park hosted or permitted special event, or when specifically authorized by the Superintendent. Limiting camping is necessary for the maintenance of public health and safety, protection of the environmental and scenic values, protection of cultural and natural resources, and for the avoidance of conflict among visitor use activities. 36 CFR §2.11 – Picnicking Picnicking is permitted in the designated area only. 36 CFR §2.13 – Fires (a)(1) The lighting or maintaining of fires is prohibited, except when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent. The use of liquid petroleum or LPG fueled stoves, lanterns, or heating devices is allowed, only if such devices meet the fire underwriter’s specifications for safety. When authorized, campfires are permitted in designated fire pans only. Determination: The prohibitions within this section serve to protect the Monument’s natural, cultural, and archeological resources from the detrimental effects of campfires. In addition, restricting fires to receptacles (where provided) prevents fire scars and contains fire debris to a small area. (b) During periods of high fire danger, the Superintendent may prohibit all fires. 36 CFR §2.14 – Sanitation and Refuse (a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse transported from a private or municipal property is prohibited. 36 CFR §2.15 – Pets (a)(1) To preserve site integrity, pets (excluding service animals) are prohibited in the Upper Cliff Dwelling, on the Upper Cliff Dwelling Trail and in the Lower Cliff Dwelling. (a)(2) Pets must be restrained at all times In areas where pets are allowed, they must be crated, caged, or restrained on a leash that does not exceed 6 feet in length. (a)(3) Pets may be left tied to an object under the following conditions: Short periods of time (less than five minutes) in developed areas and at the base of the Lower Cliff Dwelling in the shade. During emergency situations in developed and undeveloped areas. (a)(5) Pet excrement must be disposed of in accordance with the following conditions: In all areas, pet excrement must be immediately picked up and disposed of by the person in control of the pet. Excrement must be either removed from the park or placed in an outdoor garbage receptacle. (e) Pets may be kept by Monument residents under the following conditions: In accordance with Management Directive #108, Pet Policy, as approved December 16, 2015. Pets must be registered with the Park Housing Officer. Pets must also be current with required vaccinations. Pets are not allowed in government and public buildings (even if carried). This restriction does not apply to service animals or those used by sight or hearing-impaired individuals. Pets are allowed in all other open areas of the park except on the Upper Cliff Dwelling Trail and in the Lower Cliff Dwelling. The above prohibitions or restrictions do not apply to: Emergency search and rescue missions or approved training exercises. Law enforcement patrol or bomb dogs. Service Animals as defined by 28 CFR Part 35, Section 34.104 and accompanying an individual with a disability as defined by 43 CFR Part 17.503. (NOTE: Crime deterrent effects of animal’s presence and/or the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of the definition of Service Animal but are considered “pets” with no access rights under federal statute.) Determination: Excluding pets from closed areas provides protection for the park’s cultural and archeological resources. Leash requirement provides for the protection of the pet as well as other park visitors, while preventing pets from disturbing or harassing native wildlife. Pet excrement poses a public health hazard in high use areas. All other regulations in this section are in effect to protect unattended pets from exposure to high temperatures and dehydration. 36 CFR §2.16 – Horses and Pack Animals (a) The following animals are designated as pack animals for purposes of transporting equipment: Horses Burros Mules llamas (b) The use of horses or pack animals is allowed on the following trails, routes, or areas: Within Tonto National Monument, horses and pack animals are only permitted in areas supporting Resource Management projects, to retrieve trespass cattle, for search and rescue efforts and when specifically authorized by the Superintendent. (g) Other conditions concerning the use of horses or pack animals: Securing horses or pack animals to any picnic table, Ramada, grill, sign, or any picnic facility is prohibited. Securing horses or pack animals to trees or bushes is not allowed when there is a hitch rail available. Grazing is prohibited. The use of weed-free feed is recommended to prevent the introduction and spread of exotic plant species. Determination: The use of horses and pack animals is restricted to areas where they will not present a safety hazard or create a visitor conflict. The impact of stock on trial surfaces is also a consideration in determining where they can be used. 36 CFR §2.20 - Skating, Skateboards, and Similar Devices Skateboards, skates, roller blades and/or similar devices are prohibited within the park. Determination: There are no areas within Tonto National Monument where skateboards, skates, roller blades and/or similar devices may be safely operated without creating a safety hazard or interfering with other visitor uses or vehicle traffic. 36 CFR §2.21 – Smoking In accordance with Executive Order #13058, the smoking of tobacco products is prohibited within all interior spaces owned, rented, or leased by the federal government and in any outdoor areas within 25 feet of air intake ducts (including doors, windows, etc.). (a) The following portions of the Monument, or all or portions of buildings, structures or facilities are closed to smoking: Visitor Center (interior) Maintenance Facility (interior) Administrative Building (interior) Cactus Patch Trail Lower Cliff Dwelling and Lower Cliff Dwelling Trail Upper Cliff Dwelling and Upper Cliff Dwelling Trail Determination: Smoking is prohibited in the areas listed above to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. Smoking within any public building or structure poses a health and fire risk. 36 CFR §2.22 – Property (a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions: Vehicles may be left unattended overnight in designated parking areas only when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent. All vehicles and or property left in the park for more than 24 hours are subject to impound (excluding those vehicles permitted above). 36 CFR §2.23 – Recreation Fees (b) Recreation fees, and/or a permit, in accordance with 36 CFR Part 71, are established for the following entrance fees areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for the participation in the following group activities, recreation events or specialized recreation uses: Entrance Fee Areas: Entrance fees are charged on an annual or single-visit basis for admission to designated fee areas. Visitors who enter the Monument are required to obtain an entrance permit when using a trail. Visitors are not charged a fee if they do not hike up a trail. Tonto National Monument charges a $10.00 per person entrance fee to adults and children, 16 years of age or older. Interagency Annual, Military, Senior, Access, Volunteer, and 4th Grade Passes are accepted for admission. 36 CFR §2.31 – Trespassing, Tampering, and Vandalism (a) The following are prohibited: (1) Trespassing. Trespassing, entering or remaining in or upon property or real property not open to the public, except with the express invitation or consent of the Superintendent. (4) Harassment: Intentional or reckless harassment of park visitors with physical contact. (5) Obstruction: Intentional or reckless obstruction of any sidewalk, trail, highway, building entranceway, railroad track, or public utility right-of-way, or other public passage, whether alone or with others. The mere gathering of persons to hear a speaker communicate, or simply being a member of such a gathering, does not constitute obstruction. An official may make a reasonable request or order that one or more persons move to prevent obstruction of a public passage, and refusal of such an order constitutes obstruction. 36 CFR §2.35 – Alcoholic Beverages and Controlled Substances (a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within in the Monument are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed: Consumption of alcoholic beverages is prohibited in all Monument areas and facilities, except within the designated picnic area, the housing area, or when specifically authorized by the Superintendent. Specific regulations exist regarding alcoholic beverages, including but not limited to: being under the influence of alcohol or controlled substances to a degree that may endanger oneself or another person (36 CFR 2.35), the possession of an alcoholic beverage by a person under 21 years of age (36 CFR 4.14), and driving while under the influence of alcohol or drugs (36 CFR 4.23). Determination: At visitor use areas, the irresponsible and unsafe behavior which occasionally results from alcohol use is inappropriate to park purpose, and for the enjoyment of park resources. 36 CFR §2.37 – Noncommercial Soliciting The solicitation or demand for gifts, money, goods, or services requires a permit under 2.50, 2.51, or 2.52, and is subject to the terms and conditions specified therein. 36 CFR §2.51 – Public Assemblies, Meetings, and Gatherings (e) The primary location available for public assemblies and other public expressions of views is the amphitheater area adjacent to the south end of the Visitor Center Parking Lot. See Image below: 36 CFR §2.52 – Sale or Distribution of Printed Matter (e) The location available for the sale or distribution of printed matter is the amphitheater area adjacent to the south end of the Visitor Center Parking Lot. (3) The location may be unavailable, and thus a permit denied, during periods of heavy visitation, as frequently occurs during the winter and spring months. The grounds for denying a permit are the additional impairment that such an assembly may have on vehicular and pedestrian traffic during these periods. 36 CFR §2.60 – Livestock Use and Agriculture (a) Absent a permit, the running–at-large, herding, driving across, allowing on, pasturing or grazing of livestock of any kind in a park area for agricultural purposes is prohibited. Additionally, a permit can only be issued in the following circumstances: (a)(1) As specifically authorized by federal statutory law; or (a)(2) As required under a reservation of use of rights arising from acquisition of a tract of land; or (a)(3) As designated, when conducted as a necessary and integral part of a recreational activity or required to maintain a historic scene. 36 CFR §2.62 – Memorialization (a) Authorization from the Director of the National Park Service is required to install a monument, memorial, tablet, structure, or other commemorative installation in a park area. (b) A permit is required for the scattering of ashes from cremated human remains in the following areas, and/or according to the following terms and conditions: The scattering of human ashes from cremation is allowed, pursuant to the terms and conditions of a permit as outlined below: The remains to be scattered must have been cremated and pulverized. The scattering of remains by person on the ground is to be performed at least 300 feet away, horizontally, from known archeological sites, including cliff dwellings, or buildings of any kind. The scattering of remains from the air is to be performed at a minimum altitude of 4,000 feet above the ground and only over the Deadman Canyon portion of the Monument. No scattering of remains from the air is to be performed over developed areas, facilities, cliff dwellings, or water sources. Determination: Limiting the location of the scattering of properly cremated ashes reduces the impact on the natural and cultural resources. 36 CFR §4.11 – Load, Weight, and Size Limits (a) Because large recreational vehicles and vehicles towing boats or trailers have difficulty negotiating the narrow turning radius of the Visitor Center Parking Lot, vehicles over 45 feet long must park at the entrance gate turn-around. 36 CFR §4.21 – Speed Limits (b) The maximum speed limit on all public roads within the Monument is posted. The Superintendent can reduce limits for public safety as conditions require. The following speed limits are established and posted for the routes/roads indicated: Tonto National Monument entrance road: 25 MPH All parking lots, housing area, and maintenance area: 15 MPH 36_CFR §4.30 – Bicycles (a) Bicycle use is permitted only on Monument roads and in parking areas. E-bikes: E-bikes are allowed in Tonto National Monument where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5). Except as specified in this Compendium, the use of an e-bike within Tonto National Monument is governed by State law, which is adopted and made a part of this Compendium. 36 CFR 4.31 – Hitchhiking There are no designated areas for hitchhiking or soliciting rides within the Monument TONTO NATIONAL MONUMENT TITLE 36, CHAPTER 1 COMPENDIUM OF DESIGNATIONS, CLOSURES, AND OTHER RESTRICTIONS UNDER THE DISCRETIONARY AUTHORITY OF THE SUPERINTENDENT Approved: Lucas Hoedl, Superintendent (Acting) Date In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1 through 7, authorized by Title 16 United States Code, Section 3, the following regulatory provisions are established for the proper management, protection, government and public use of Tonto National Monument under the jurisdiction of the National Park Service. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in Title 36 Code of Federal Regulations, Chapter 1, Parts 1 through 7. The Compendium must be read in conjunction with Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7. It cannot be read as a stand-alone document. Title 36 of the CFR can be located at www.ecfr.gov. PART 1 – GENERAL PROVISIONS 36 CFR §1.1 – Definitions The following are terms used in this document. A more complete listing can be found under Title 36 CFR §1.4 or §1.5, or online at http://www.ecfr.gov. • ADMINISTRATIVE ACTIVITIES: means those activities conducted under the authority of the National Park Service for the purpose of safeguarding persons or property, implementing management plans and policies developed in accordance and consistent with Title 36, Code of Federal Regulations, Chapter 1, or repairing or maintaining government facilities, (e.g., contractor, concessioner, researcher). • ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS): means a batterypowered device capable of delivering inhaled aerosolized nicotine and other additives to the user. ENDS are marketed under a variety of brand names and descriptors, including electronic cigarettes, e-cigs, hookah pens, vape pens, vaporizers and others. • E-BIKE: “The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). • FIRE: means any combustion of combustible materials of any type outdoors. • IDLING: means the engine is running while a car, truck, bus or any vehicle is stationary. • SERVICE ANIMAL: Service animals are not subject to the park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. • PACK ANIMALS: means only horses, burros, mules and llamas. • SKATEBOARD: means a board having a set of wheels mounted under it or on the side, ridden in a standing, crouching or seated position. • UNMANNED AIRCRAFT: means any device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce. 36 CFR §1.2 – Applicability and Scope The regulations and public use limits or restrictions contained in this document apply to all persons entering, using, visiting or otherwise within the boundaries of Tonto National Monument, under the jurisdiction of the National Park Service. 36 CFR §1.5 – Visiting Hours, Public Use Limits, and Closures (a)(1) The following visiting hours and public use limits are established for all or for portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity: Visiting Hours: Tonto National Monument is open to the public from 8:00 a.m. to 5:00 p.m. The Superintendent may establish extended or reduced hours of operation in response to seasonal needs. General Public Access: The Monument is closed to the public on Thanksgiving Day, December 25th, and New Years Day. The park will close two hours early December 24th, and New Years Eve. To protect the fragile cultural resources of the Monument, the Upper Cliff Dwelling and Upper Cliff Dwelling Trail are closed to public entry except to participants on NPS- conducted tours and individuals so authorized by the Superintendent. All other archeological sites are closed to the public unless so authorized by the Superintendent. No off-trail travel is allowed in the Monument. The Lower Cliff Dwelling and Lower Cliff Dwelling Trail are open daily from 8:00 a.m. to 4:00 p.m. from September 1 to May 31 and from 8:00 a.m. to 12:00 p.m. from June 1 to August 31. All areas within Tonto National Monument are specified as “day-use” only and are closed to overnight camping and parking. Old State Route 88, north of the present highway, is closed to public access. Interagency partners can request access to this area for wildland fire physical training since it is adjacent to USFS roads, offices, and housing. Access to the Salt River Power right-of-way is through a locked gate below the air quality station and is closed to all off-road vehicle use, except when authorized by the Superintendent. In the Lower Cliff Dwelling, Rooms 9 and 13 are closed to public access with posted signage. Room 10 is accessible to the public, except beyond the physical barrier, in order to protect the fragile wood roofing. This closure beyond the physical barrier is also posted by signage. Rooms 14 and 15 are closed to the public to protect the fragile roof and hearth, respectively. The Superintendent can impose additional restrictions, as hazardous or emergency conditions require, by posting appropriate signs. Determination: All visitors to Tonto National Monument must initially pass through the Visitor Center contact area, in order to pay the entrance fee. There, they will be informed of the significance of the Monument, about the sensitivity of natural and cultural resources, and any resource-related regulations. They will be informed that travelling on foot or by vehicle through closed areas will result in damage or disturbance to sensitive natural and cultural resources. Employee Residences, Administration Building and Maintenance/Resources Areas: All administrative, maintenance and residential areas, including buildings, facilities, yards, and residences, are closed to public access. All personal property of employees or residents of the monument is closed to public access. Determination: Due to the remote nature of Tonto National Monument, and because of the need for expanded vigilance over its fragile resources, it has been deemed necessary to house employees within the NPS Residence Area contained within the Monument’s boundaries. In the interest of maintaining the privacy and safety of these employees, public visitation to this area is prohibited. Temporary Trail Closures: Both the Upper and Lower Cliff Dwelling Trails may be closed on a temporary basis due to adverse environmental conditions, safety concerns, or maintenance projects. Determination: Conditions for temporary closure of the trails may include snow, ice, high winds, thunderstorms and lightning, presence of potentially hazardous wildlife, Africanized bees, fire danger, excessive heat, or rock-falls. It may also be necessary to close the trails during major maintenance and preservation activities. Any excessive heat warnings, watches, and advisories issued by the National Weather Service for the Tonto National Monument area may result in closure of the Lower Cliff Dwelling and Trail. (a)(2) The following restrictions and/or conditions are in effect for the specific uses or activities noted: Smoking, Electronic Nicotine Delivery Systems, and Fire Restrictions: When established fire restrictions are in effect, smoking will be limited within Tonto National Monument to the Visitor Center Parking Area or in vehicles with windows closed. Electronic Nicotine Delivery Systems (ENDS): The use of e-cigarettes and other Electronic Nicotine Delivery Systems will be subject to the same restrictions as tobacco smoking. Determination: Smoking during high fire danger could result in a catastrophic wildfire, impacting natural and cultural resources and endangering the safety of staff and visitors. Current research indicates inhaling aerosolized vapors from an ENDS has some level of public health risk for nearby people in areas with limited ventilation, and for people with compromised health conditions. Vehicle Idling and Generators: All vehicles, including passenger carrying buses, must shut down their engines when parked, except while loading or unloading passengers. All vehicles are subject to this restriction on all park roads and areas within Tonto National Monument. Running/idling generators are prohibited. Determination: The idling of engines or generators adds unnecessary exhaust fumes to the air and diminishes visitor enjoyment of the peace and tranquility of the Monument. Geocaching: The activity of geocaching is not allowed within the boundaries of Tonto National Monument. Determination: All visitors to Tonto National Monument must initially pass through the Visitor Center Contact Area, in order to pay the entrance fee. There, they will be informed of the significance of the Monument, the sensitivity of natural and cultural resources, and applicable resource-related regulations. They will be informed that travelling on foot or by vehicle through closed areas will result in damage or disturbance to sensitive natural and cultural resources. Segways or Similar Device Use: The use of “Segways” and similar gyroscopically controlled devices are considered the same as motorized wheelchairs and may be used (as provided by ADA law) by persons with mobility disabilities. Use of Segways outside of ADA law is not permitted. The use of Segways or similar personal transportation devices by mobility impaired persons will be permitted under the following conditions: A. The operation of the Segway will be limited to the following locations: The interior spaces of the Tonto National Monument Visitor Center, normally accessible to the public. Publicly accessible paved roads, parking lots, and picnic areas The Lower Cliff Dwelling Trail The Cactus Patch Trail Amphitheater/Ramada B. The operator of the Segway will: Provide authenticated documentation to staff upon entry to the Visitor Center, such as, a note from a physician, handicap vehicle registration, or a National Park Service Access Pass to verify the operator’s status as mobility impaired. Wear an approved safety helmet. Segway recommends that riders wear a multi-impact helmet and there is a specific ASTM (American Society for Testing and Materials) standard for Segway helmets. A commonly manufactured bicycle-style helmet will meet this requirement. Yield the Right of Way to pedestrians at all times. Keep their Segway on the maintained trail or roadway surfaces at all times in the areas indicated in the above section. Not be operated at a speed exceeding four miles per hour (the speed of a brisk walking pace) at any time. Utilize extreme caution at all times, particularly while traversing areas involving slopes, irregular surfaces, or steep drop-offs. Prominently display a blue handicap placard on the Segway. Determination: Due to concentrated public visitation, varied topography and potentially congested or confined trail conditions encountered at Tonto National Monument, Segway use is limited to certain areas of the Monument, which are generally those accessible to regular and motorized wheelchairs. Use of Segways is specifically prohibited from use on any portion of the Upper Cliff Dwelling Trail where manually or powered wheelchairs cannot safely maneuver due to the presence of highly uneven and rough topography, narrow trail surfaces, and steep cliffs. The Superintendent has determined that this designation is in compliance with NPS policy and is a reasonable attempt to make the Park’s programs, facilities and services more accessible to people with impaired mobility. Unmanned Aircraft: Launching, landing or operating an unmanned aircraft from, above, or on lands and waters administered by the National Park Service within the boundaries of Tonto National Monument is prohibited, except as approved in writing by the Superintendent. Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Tonto National Monument will conflict with, or impact, a variety of park use, including visitor experience of unimpaired view sheds; the disturbance, displacement or harassment of park wildlife, present potential for impacts or damage to sensitive archeological sites, and create public safety hazards near roadways, trails, or large groups of visitors. Less restrictive measures were not considered sufficient, due to the rapidly expanding and evolving use of UAs throughout the world. Section 1.5 of NPS Management Policies 2006 provide that a new form of park use may be allowed within a park only after a determination has been made by the Superintendent that it will not result in unacceptable impacts on park resources and values. Closed Circuit Television (CCTV): In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Tonto National Monument uses Closed Circuit Television (CCTV) security camera monitoring. The NPS’s use of CCTV for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers. Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law. 36 CFR §1.6 – Activities That Require a Permit (f) The following is a compilation of those activities for which a permit from the Superintendent is required: • §1.5(d) The following activities related to Public Use Limits: Demonstrations Athletic events Weddings Other special events Gathering of native plants for ethnographic use by affiliated Tribal Nations for traditional purposes. Commercial filming (see also 5.5) • §2.4(d) Carry, possess or use a weapon (excluding firearms), trap, or net • §2.5(a) Specimen collection (plants, fish, wildlife, rocks, or minerals) • §2.10(a) Backcountry Camping • §2.12 Audio Disturbances: (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine, except upon a roadway or parking area (a)(4) Operation of a public address system, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51 • §2.23 Special recreation activities • §2.37 Soliciting or demanding gifts, money, goods or services • §2.38 Explosives: (a) Use, possess, store, transport explosives, blasting agents (b) Use or possess fireworks • §2.50(a) Special events, weddings, organized running events, and any other activities of organized groups that require park oversight or are not part of the normal visitor experience. • §2.51(a) Public assemblies, meetings, gatherings, demonstrations, and other public expressions of view will be permitted if a permit has been issued in accordance with 36 CFR §2.51 at locations designed to balance the legitimate need of persons to express their views while allowing for the needs of park visitors to enjoy the park and its resources. A small group is defined as “25 people or less”. A small group is not required to obtain a First Amendment Permit, if they are located within a park designated First Amendment Site and have no more than leaflets, booklets, and/or handheld sign. A large group is defined as “more than 25 people” and is required to obtain a First Amendment Permit, even if they are utilizing a park designated First Amendment Site. • §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising. • §2.61(a) Residing on federal lands • §2.62(b) Memorialization (Scattering ashes from human cremation) • §4.11(a) Exceeding established vehicle load, weight, and size limits • §5.1 Advertisements – (Display, posting or distribution) • §5.3 Engaging in or soliciting any business (requires a permit, contract, or other written agreement with the United States, or must be pursuant to special regulations) • §5.5 Commercial Photography/Filming: Filming/Photography activities – whether commercial or noncommercial – will be allowed provided that the activities are appropriate to the park purpose, do not portray the violation of or violate any local or federal laws, and do not cause unacceptable impacts to park resources or public use. All commercial and non-commercial filming requires a permit. Commercial filming is defined as film, electronic, magnetic, digital, or other recordings of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, television broadcast, documentary, or other similar projects. Commercial filming activities may include the advertisement of a product or service, or the use of actors, models, sets, or props. Still photography activities, whether commercial or noncommercial, require a permit when: (a) the activity takes place in locations(s) where or when members of the public are generally not allowed: or (b) the activity uses model(s), set(s) or Prop(s) that are not a part of the locations’ natural or cultural resources or administrative facilities; or (c) the park would incur additional administrative costs to monitor the activity; or (d) the park needs to provide management and oversight to (1) avoid impairment or incompatible use of the resources and values of the park, or (2) limit resource damage, or (3) minimize health or safety risks to the visiting public. News coverage does not require a permit, but is subject to time, place, and manner restrictions, if warranted, to maintain order and ensure the safety of the public and the media, and to protect natural and cultural resources. • §5.6(c) Use of commercial vehicles on park area roads • §5.7 Construction of buildings, facilities, trails, roads, path, structure, etc. PART 2 – GENERAL REGULATIONS 36 CFR §1.7 – PUBLIC NOTICE (a) Notice of the closures identified in Section 1.5 will be as follows: Changes in the Monument’s hours of operation shall be announced by press releases, prior to the effective date, and posted at the Monument’s entrance gate on the effective date. The entrance road at the junction with State Route 188 will be signed, prohibiting public entry during the hours the Monument is closed. The entrance gate to the Upper Cliff Dwelling Trail, and the entrance gate into the Upper Cliff Dwelling, will be signed as closed to entry unless accompanied by park staff. The entrance turnaround and picnic area will be signed with “no backcountry hiking.” The Lower Cliff Dwelling and Trail are closed after 4:00 p.m. with a chain and sign across the trail. 36 CFR §2.1 – Preservation of Natural, Cultural, and Archeological Resources (a)(4) The collection of any wood within the Monument is prohibited. (a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the Superintendent is prohibited. Walking within the Lower and Upper Cliff Dwellings is permitted where authorized. (b) Because of public safety and protection of the cultural and natural resources, hiking is restricted to established trails only. (c)(1) The following fruits, nuts, and beans may be gathered in small amounts by hand for personal use or consumption: Jojoba nut Mesquite bean Prickly pear cactus fruit Palo Verde bean Cholla buds Determination: The removal of native fruits in limited quantities does not have an adverse impact on park resources. Commercial harvesting of fruits would deny visitors the opportunity to experience the park in its natural state and could lead to resource degradation. 36 CFR §2.2 – Wildlife Protection (e) The Monument is closed to the viewing of wildlife with the use of an artificial light. All areas within the Monument’s boundaries are closed to the use of artificial lights (other than UV) for the purpose of viewing wildlife. The superintendent may, on a case-by-case basis, approve the use of artificial light for the purpose of filming, scientific viewing or interpretive activities in accordance with DO/RM-53 Filming Guidelines. Determination: Animal’s natural habits and activities can be adversely affected while being artificially illuminated. Some of these activities include feeding, resting, and mating. The proliferation of poor-quality outdoor lighting is the principal threat to the night sky. Reducing the number of multiple lighting systems will allow for activities focused on public enjoyment of dark skies. 36 CFR §2.4 – Weapons, Traps, and Nets (d) The new federal law allows possession of all firearms that meet applicable federal, state, and local laws in national parks. All other weapons – including bows - must comply with 36 CFR 2.4 (a)(1). A permit is required to possess a weapon, trap or net. The Superintendent will only issue a permit to carry or possess a weapon, trap, or net under the following circumstances: (1) When necessary to support approved/permitted research activities. (3) For employees, agents, or cooperating officials in performance of their official duty. 36 CFR §2.10 – Camping and Food Storage (a) Camping is prohibited on all park lands, except when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent. Determination: There are no designated camping areas within Tonto National Monument. Occasionally camping is allowed when it is associated with a park hosted or permitted special event, or when specifically authorized by the Superintendent. Limiting camping is necessary for the maintenance of public health and safety, protection of the environmental and scenic values, protection of cultural and natural resources, and for the avoidance of conflict among visitor use activities. 36 CFR §2.11 – Picnicking Picnicking is permitted in the designated area only. 36 CFR §2.13 – Fires (a)(1) The lighting or maintaining of fires is prohibited, except when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent. The use of liquid petroleum or LPG fueled stoves, lanterns, or heating devices is allowed, only if such devices meet the fire underwriter’s specifications for safety. When authorized, campfires are permitted in designated fire pans only. Determination: The prohibitions within this section serve to protect the Monument’s natural, cultural, and archeological resources from the detrimental effects of campfires. In addition, restricting fires to receptacles (where provided) prevents fire scars and contains fire debris to a small area. (b) During periods of high fire danger, the Superintendent may prohibit all fires. 36 CFR §2.14 – Sanitation and Refuse (a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse transported from a private or municipal property is prohibited. 36 CFR §2.15 – Pets (a)(1) To preserve site integrity, pets (excluding service animals) are prohibited in the Upper Cliff Dwelling, on the Upper Cliff Dwelling Trail and in the Lower Cliff Dwelling. (a)(2) Pets must be restrained at all times In areas where pets are allowed, they must be crated, caged, or restrained on a leash that does not exceed 6 feet in length. (a)(3) Pets may be left tied to an object under the following conditions: Short periods of time (less than five minutes) in developed areas and at the base of the Lower Cliff Dwelling in the shade. During emergency situations in developed and undeveloped areas. (a)(5) Pet excrement must be disposed of in accordance with the following conditions: In all areas, pet excrement must be immediately picked up and disposed of by the person in control of the pet. Excrement must be either removed from the park or placed in an outdoor garbage receptacle. (e) Pets may be kept by Monument residents under the following conditions: In accordance with Management Directive #108, Pet Policy, as approved December 16, 2015. Pets must be registered with the Park Housing Officer. Pets must also be current with required vaccinations. Pets are not allowed in government and public buildings (even if carried). This restriction does not apply to service animals or those used by sight or hearing-impaired individuals. Pets are allowed in all other open areas of the park except on the Upper Cliff Dwelling Trail and in the Lower Cliff Dwelling. The above prohibitions or restrictions do not apply to: Emergency search and rescue missions or approved training exercises. Law enforcement patrol or bomb dogs. Service Animals as defined by 28 CFR Part 35, Section 34.104 and accompanying an individual with a disability as defined by 43 CFR Part 17.503. (NOTE: Crime deterrent effects of animal’s presence and/or the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of the definition of Service Animal but are considered “pets” with no access rights under federal statute.) Determination: Excluding pets from closed areas provides protection for the park’s cultural and archeological resources. Leash requirement provides for the protection of the pet as well as other park visitors, while preventing pets from disturbing or harassing native wildlife. Pet excrement poses a public health hazard in high use areas. All other regulations in this section are in effect to protect unattended pets from exposure to high temperatures and dehydration. 36 CFR §2.16 – Horses and Pack Animals (a) The following animals are designated as pack animals for purposes of transporting equipment: Horses Burros Mules llamas (b) The use of horses or pack animals is allowed on the following trails, routes, or areas: Within Tonto National Monument, horses and pack animals are only permitted in areas supporting Resource Management projects, to retrieve trespass cattle, for search and rescue efforts and when specifically authorized by the Superintendent. (g) Other conditions concerning the use of horses or pack animals: Securing horses or pack animals to any picnic table, Ramada, grill, sign, or any picnic facility is prohibited. Securing horses or pack animals to trees or bushes is not allowed when there is a hitch rail available. Grazing is prohibited. The use of weed-free feed is recommended to prevent the introduction and spread of exotic plant species. Determination: The use of horses and pack animals is restricted to areas where they will not present a safety hazard or create a visitor conflict. The impact of stock on trial surfaces is also a consideration in determining where they can be used. 36 CFR §2.20 - Skating, Skateboards, and Similar Devices Skateboards, skates, roller blades and/or similar devices are prohibited within the park. Determination: There are no areas within Tonto National Monument where skateboards, skates, roller blades and/or similar devices may be safely operated without creating a safety hazard or interfering with other visitor uses or vehicle traffic. 36 CFR §2.21 – Smoking In accordance with Executive Order #13058, the smoking of tobacco products is prohibited within all interior spaces owned, rented, or leased by the federal government and in any outdoor areas within 25 feet of air intake ducts (including doors, windows, etc.). (a) The following portions of the Monument, or all or portions of buildings, structures or facilities are closed to smoking: Visitor Center (interior) Maintenance Facility (interior) Administrative Building (interior) Cactus Patch Trail Lower Cliff Dwelling and Lower Cliff Dwelling Trail Upper Cliff Dwelling and Upper Cliff Dwelling Trail Determination: Smoking is prohibited in the areas listed above to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. Smoking within any public building or structure poses a health and fire risk. 36 CFR §2.22 – Property (a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions: Vehicles may be left unattended overnight in designated parking areas only when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent. All vehicles and or property left in the park for more than 24 hours are subject to impound (excluding those vehicles permitted above). 36 CFR §2.23 – Recreation Fees (b) Recreation fees, and/or a permit, in accordance with 36 CFR Part 71, are established for the following entrance fees areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for the participation in the following group activities, recreation events or specialized recreation uses: Entrance Fee Areas: Entrance fees are charged on an annual or single-visit basis for admission to designated fee areas. Visitors who enter the Monument are required to obtain an entrance permit when using a trail. Visitors are not charged a fee if they do not hike up a trail. Tonto National Monument charges a $10.00 per person entrance fee to adults and children, 16 years of age or older. Interagency Annual, Military, Senior, Access, Volunteer, and 4th Grade Passes are accepted for admission. 36 CFR §2.31 – Trespassing, Tampering, and Vandalism (a) The following are prohibited: (1) Trespassing. Trespassing, entering or remaining in or upon property or real property not open to the public, except with the express invitation or consent of the Superintendent. (4) Harassment: Intentional or reckless harassment of park visitors with physical contact. (5) Obstruction: Intentional or reckless obstruction of any sidewalk, trail, highway, building entranceway, railroad track, or public utility right-of-way, or other public passage, whether alone or with others. The mere gathering of persons to hear a speaker communicate, or simply being a member of such a gathering, does not constitute obstruction. An official may make a reasonable request or order that one or more persons move to prevent obstruction of a public passage, and refusal of such an order constitutes obstruction. 36 CFR §2.35 – Alcoholic Beverages and Controlled Substances (a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within in the Monument are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed: Consumption of alcoholic beverages is prohibited in all Monument areas and facilities, except within the designated picnic area, the housing area, or when specifically authorized by the Superintendent. Specific regulations exist regarding alcoholic beverages, including but not limited to: being under the influence of alcohol or controlled substances to a degree that may endanger oneself or another person (36 CFR 2.35), the possession of an alcoholic beverage by a person under 21 years of age (36 CFR 4.14), and driving while under the influence of alcohol or drugs (36 CFR 4.23). Determination: At visitor use areas, the irresponsible and unsafe behavior which occasionally results from alcohol use is inappropriate to park purpose, and for the enjoyment of park resources. 36 CFR §2.37 – Noncommercial Soliciting The solicitation or demand for gifts, money, goods, or services requires a permit under 2.50, 2.51, or 2.52, and is subject to the terms and conditions specified therein. 36 CFR §2.51 – Public Assemblies, Meetings, and Gatherings (e) The primary location available for public assemblies and other public expressions of views is the amphitheater area adjacent to the south end of the Visitor Center Parking Lot. See Image below: 36 CFR §2.52 – Sale or Distribution of Printed Matter (e) The location available for the sale or distribution of printed matter is the amphitheater area adjacent to the south end of the Visitor Center Parking Lot. (3) The location may be unavailable, and thus a permit denied, during periods of heavy visitation, as frequently occurs during the winter and spring months. The grounds for denying a permit are the additional impairment that such an assembly may have on vehicular and pedestrian traffic during these periods. 36 CFR §2.60 – Livestock Use and Agriculture (a) Absent a permit, the running–at-large, herding, driving across, allowing on, pasturing or grazing of livestock of any kind in a park area for agricultural purposes is prohibited. Additionally, a permit can only be issued in the following circumstances: (a)(1) As specifically authorized by federal statutory law; or (a)(2) As required under a reservation of use of rights arising from acquisition of a tract of land; or (a)(3) As designated, when conducted as a necessary and integral part of a recreational activity or required to maintain a historic scene. 36 CFR §2.62 – Memorialization (a) Authorization from the Director of the National Park Service is required to install a monument, memorial, tablet, structure, or other commemorative installation in a park area. (b) A permit is required for the scattering of ashes from cremated human remains in the following areas, and/or according to the following terms and conditions: The scattering of human ashes from cremation is allowed, pursuant to the terms and conditions of a permit as outlined below: The remains to be scattered must have been cremated and pulverized. The scattering of remains by person on the ground is to be performed at least 300 feet away, horizontally, from known archeological sites, including cliff dwellings, or buildings of any kind. The scattering of remains from the air is to be performed at a minimum altitude of 4,000 feet above the ground and only over the Deadman Canyon portion of the Monument. No scattering of remains from the air is to be performed over developed areas, facilities, cliff dwellings, or water sources. Determination: Limiting the location of the scattering of properly cremated ashes reduces the impact on the natural and cultural resources. 36 CFR §4.11 – Load, Weight, and Size Limits (a) Because large recreational vehicles and vehicles towing boats or trailers have difficulty negotiating the narrow turning radius of the Visitor Center Parking Lot, vehicles over 45 feet long must park at the entrance gate turn-around. 36 CFR §4.21 – Speed Limits (b) The maximum speed limit on all public roads within the Monument is posted. The Superintendent can reduce limits for public safety as conditions require. The following speed limits are established and posted for the routes/roads indicated: Tonto National Monument entrance road: 25 MPH All parking lots, housing area, and maintenance area: 15 MPH 36_CFR §4.30 – Bicycles (a) Bicycle use is permitted only on Monument roads and in parking areas. E-bikes: E-bikes are allowed in Tonto National Monument where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5). Except as specified in this Compendium, the use of an e-bike within Tonto National Monument is governed by State law, which is adopted and made a part of this Compendium. 36 CFR 4.31 – Hitchhiking There are no designated areas for hitchhiking or soliciting rides within the Monument |
Last updated: August 14, 2024