reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-07 - PRESCRIPTION DRUG MONITORING PROGRAM › Section 56-02-07-01 - Optometrist prescribers and use of the prescription drug monitoring program

Current through Supplement No. 393, July, 2024
Subject to the exceptions described in section 56-02-07-02,
				  prior to the initial prescribing of any controlled substance, including
				  samples, an optometrist authorized by the drug enforcement administration to
				  prescribe, administer, sign for, dispense, or procure pharmaceuticals shall
				  authorize an employee to review or personally request and review the
				  prescription drug monitoring program report for all available prescription drug
				  monitoring program data on the patient within the previous twelve months, and
				  shall do all of the following:
1.
				Assess a patient's drug monitoring program data every twelve months during the
				patient's treatment with a controlled substance.
2. Review the patient's prescription drug
				monitoring program data if the patient requests early refills or demonstrates a
				pattern of taking more than the prescribed dosage.
3. Review the patient's prescription drug
				monitoring program data if there is a suspicion of or a known drug overuse,
				diversion, or abuse by the patient.
4. Document the assessment of the patient's
				prescription drug monitoring program data.
5. Discuss the risks and benefits of the use
				of controlled substances with the patient, the patient's parent if the patient
				is an unemancipated minor child, or the patient's legal guardian or health care
				surrogate, including the risk of tolerance and drug dependence.
6. Request and review prescription drug
				monitoring program data on the patient if the practitioner becomes aware a
				patient is receiving controlled substances from multiple prescribers.
7. Request and review the patient's
				prescription drug monitoring program data if the prescriber has a reasonable
				belief the patient may be seeking the controlled substance, in whole or in
				part, for any reason other than the treatment of an existing medical
				condition.
General Authority:
NDCC 43-13-01(5);
					 43-13-13
Law Implemented:
NDCC 19-03.5-09;
					 43-13-13(2)
North Dakota Administrative Code › Title 56 - Optometry, Board of › Article 56-02 - Optometrist Licensure › Chapter 56-02-07 - PRESCRIPTION DRUG MONITORING PROGRAM › Section 56-02-07-02 - Exceptions to the review requirement

Current through Supplement No. 393, July, 2024
An optometrist may not be required to review a patient's
				  prescription drug monitoring program data if any of the following apply:
1. The controlled substance is prescribed or
				dispensed for a patient who is currently receiving hospice care.
2. The optometrist obtains a report through a
				board-approved risk assessment tool for health care providers that accesses
				patient prescription information from prescription drug monitoring program
				databases, analyzes the data, and provides a risk-based score that includes
				prescription drug monitoring program data.
3. The optometrist prescribes a controlled
				substance after the performance of a primary eye care procedure and no more
				than a seventy-two hour supply of the controlled substance is
				prescribed.
General Authority:
NDCC 43-13-01(5);
					 43-13-13
Law Implemented:
NDCC 19-03.5-09;
					 43-13-13(2)
North Dakota Administrative Code › Title 57 - Pardons, Board of

Current through Supplement No. 393, July, 2024
The Board of Pardons is not an administrative agency as defined by
		  North Dakota Century Code section   28-32-01. Therefore, the board is not subject
		  to the Administrative Agencies Practice Act (North Dakota Century Code chapter
		    28-32) and any rules the board may have adopted are not published in the North
		  Dakota Administrative Code.
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-01 - General Administration › Chapter 58-01-01 - Organization of Department › Section 58-01-01-01 - Organization and functions of the parks and recreation department

Current through Supplement No. 393, July, 2024
1.
Organization of department.
a. History. In 1965, the legislative assembly
				created the state outdoor recreation agency and the North Dakota park service.
				They operated as separate entities until the 1977 legislative assembly combined
				them into the parks and recreation department. In 1991, the legislative
				assembly merged the department with the tourism promotion division, formerly a
				division of the North Dakota economic development commission. The two divisions
				were split by the 1993 legislative assembly, and two separate agencies were
				created, the parks and recreation department and the tourism department.
b. Department counsel. The
				attorney general of North Dakota is the ex officio attorney for the department.
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-01 - Authority

Current through Supplement No. 393, July, 2024
These state park use rules apply to all those areas which are
				  under the control of or operated by the North Dakota parks and recreation
				  department. The authority to make and enforce these rules is granted pursuant
				  to North Dakota Century Code sections
				  55-08-01.3 and
				  55-08-05.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-02 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  otherwise requires:
1. "Camping unit" means any vehicle or shelter specifically
				  used for sleeping in or upon a portion of state land or water designated as a
				  campsite.
2. "Campsite" means any area so designated by the department
				  for the express purpose of camping. A campsite will normally include the
				  following items: parking pad, picnic table, campsite marker, and fire ring.
3. "Department" means the North Dakota parks and recreation
				  department.
4. "Director" means the director of the North Dakota parks
				  and recreation department.
5. "Immediate family" means parent, parents, or guardian and
				  their children under the age of eighteen.
6. "Occupied campsite" means a campsite where a valid camping
				  permit is affixed to the campsite marker and a camping unit is onsite. If a
				  camping unit is not onsite, a campsite is not occupied unless specific
				  permission for leaving the campsite has been given by park personnel.
7. "Off-highway vehicle" means that term as defined by North
				  Dakota Century Code section
				  39-29-01.
8. "Park manager" means the individual responsible for the
				  administration of a state park.
9. "Snowmobile" means that term as defined in North Dakota
				  Century Code section
				  39-24-01.
10. "State park" or "park" includes and embraces all land and
				  water managed by the North Dakota parks and recreation department.
11. "Swimming area" means an area, marked by buoys, ropes,
				  signs, or floats, or other United States coast guard-approved devices, in which
				  swimming is allowed and the adjacent designated land area.
12. "Trail" means any path or route managed by the North
				  Dakota parks and recreation department for motorized or nonmotorized
				  recreational activities.
General Authority: NDCC
					 55-08-01.3
Law
					 Implemented: NDCC
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-03 - Rules enforcement policy - Fees

Current through Supplement No. 393, July, 2024
All rules of the department will be enforced within the state
				  park boundaries. Individuals violating these rules will receive a verbal or
				  written warning, an administrative complaint, a civil summons and complaint, a
				  criminal complaint and warrant or summons, or loss of park privileges. Fees for
				  violation of noncriminal park rules and regulations under this chapter shall
				  be: class 1 - one hundred dollars, class 2 - fifty dollars, class 3
				  -twenty-five dollars. Fees for violations of rules not specifically noted shall
				  be two hundred fifty dollars. The park manager may expel any person or persons
				  from the lands under the management of the department for violations of any
				  state law, administrative rule, or posted rules and regulations. Persons
				  expelled are not eligible for refunds.
General Authority: NDCC
					 55-08-01.3,
					 55-08-16,
					 55-08-18.
					 55-08-19
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-04.1,
					 55-08-16,
					 55-08-17,
					 55-08-18,
					 55-08-19
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-04 - Public behavior

Current through Supplement No. 393, July, 2024
1. The hours
				between one-half hour after sunset and seven a.m. are designated as quiet
				hours. Activity or noise levels that interfere with the peace and quiet of the
				park or result in complaints constitute a class 1 violation of this section.
2. Violation of any state law or
				any rules of the department by a member or guest of a member of a camping party
				is cause for revocation of the camping permit and eviction from the property.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05,
					 55-08-19
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-05,
					 55-08-19
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-05 - Limitation of cabin, dormitory, or campsite occupancy

Current through Supplement No. 393, July, 2024
1. A person or group of persons may not
				occupy any cabin, dormitory, or campsite for more than fourteen days within any
				thirty-day period without the written permission of the park manager. Any
				person who violates this subsection is guilty of a class 2 noncriminal offense.
2. Overnight visitors must comply
				with date and time expirations listed on their vehicle permit. Additional
				vehicles at a cabin or campsite will be charged the day use fee for each day in
				the park. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
3. Only one
				camping unit with a maximum of six persons or the immediate family members
				shall be permitted on each designated single campsite except with the
				permission of the park manager. Any person who violates this subsection is
				guilty of a class 2 noncriminal offense.
4. Children under the age of eighteen must be
				accompanied by an adult in order to occupy a campsite or cabin in a state park,
				unless written permission is granted by the park manager. Any person who
				violates this subsection is guilty of a class 2 noncriminal offense.
5. No camping unit may be left unattended for
				more than twenty-four hours without written permission from the park manager.
				Any person who violates this subsection is guilty of a class 2 noncriminal
				offense.
6. A person may not use
				campground shower facilities in any state park unless the person is a
				registered overnight customer or has purchased a special shower pass along with
				a vehicle permit. Any person who violates this subsection is guilty of a class
				2 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05,
					 55-08-19
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05,
					 55-08-19
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-06 - Camping and camping equipment

Current through Supplement No. 393, July, 2024
1. A person may not camp in an area not
				designated as a campsite. Any person who violates this subsection is guilty of
				a class 2 noncriminal offense.
2.
				No person may take or attempt to take possession of a campsite when it is an
				occupied campsite, or when informed by park personnel that such site is an
				occupied campsite, or when the site is posted with a "Reserved" sign. Any
				person who violates this subsection is guilty of a class 2 noncriminal offense.
3. All nonreserved campsites are
				available on a first-come, first-served basis. Campers must immediately
				establish an occupied campsite following purchase of a camping permit. Any
				person who violates this subsection is guilty of a class 2 noncriminal offense.
4. All camping sites are
				restricted to one camping unit per campsite unless designated as a multiple or
				group site. Any person who violates this subsection is guilty of a class 2
				noncriminal offense.
5. No camping
				party may move from an assigned site to another campsite without permission
				from the park manager. Any person who violates this subsection is guilty of a
				class 2 noncriminal offense.
6.
				Camping equipment or setup may not damage the campsite. The use of portable
				kennels and swimming pools must be approved by the park manager. Pools may not
				exceed six feet in diameter and eight inches in depth. Digging of sod, soil, or
				gravel to accommodate camping or camping equipment is prohibited. Any person
				who violates this subsection is guilty of a class 3 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05,
					 55-08-19
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05,
					 55-08-19
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-07 - Park roads, trails, and vehicle use

Current through Supplement No. 393, July, 2024
1. Unless otherwise specified, in statute or
				rule, the use of motor vehicles in state parks, including automobiles, trucks,
				off-highway vehicles, motorcycles, snowmobiles, motorized scooters, and
				minibikes, is governed under North Dakota Century Code title 39.
2. All traffic control devices posted within
				the park, including those located at entrance stations, must be obeyed. Any
				person who violates this subsection is guilty of a class 3 noncriminal offense.
3. No person may operate a vehicle
				at speeds exceeding the posted speed limit, or at a speed greater than is
				reasonable and prudent for the conditions. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
4. No person shall operate any motorized or
				nonmotorized vehicle beyond the roads and trails built and maintained for the
				operation of that specific vehicle. Any person who violates this subsection is
				guilty of a class 1 noncriminal offense.
5. Unless specifically designated,
				off-highway vehicles are not permitted to operate within state parks or on
				state snowmobile trails. Any person who violates this subsection is guilty of a
				class 1 noncriminal offense.
6. No
				person may use a trail that has been closed for public use by department
				personnel or in a matter that impedes traffic. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
7. No person may park any vehicle, camper, or
				trailer in any area not specifically designated for parking or in a manner that
				impedes traffic. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
8. The
				department may provide signed permanent or temporary parking places for persons
				with mobility impairments. No person may park in a space so designated without
				a valid permit. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
9. No person
				may park or leave a vehicle, camper, watercraft, or other equipment in a
				designated storage area without a valid storage permit. Any person who violates
				this subsection is guilty of a class 2 noncriminal offense.
10. Groomed and designated cross-country ski
				trails are for the exclusive use of cross-country skiers. Walking, pets, or any
				activity that may interfere with the groomed and tracked surface shall be a
				violation. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05,
					 55-08-19
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05,
					 55-08-19
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-08 - Sanitation

Current through Supplement No. 393, July, 2024
1. No person may
				dispose of any refuse, sewage, waste, or wastewater except in places or
				receptacles provided for disposal. Fish and game cleaning is allowed only in
				designated areas of the park. Only fish, including bait fish, may be cleaned or
				deposited at designated fish cleaning stations. Any person who violates this
				subsection is guilty of a class 3 noncriminal offense.
2. If no cleaning station is available, game
				and fish remains, including bait fish, must be removed from the park. Any
				person who violates this subsection is guilty of a class 2 noncriminal offense.
3. Game cleaning allowed only in
				designated areas. Any person who violates this subsection is guilty of a class
				2 noncriminal offense.
4. It is
				unlawful to place refuse generated outside the state park into receptacles. Any
				person who violates this subsection is guilty of a class 2 noncriminal offense.
5. Sewage holding tanks must be
				dumped in designated dump stations. Any person who violates this subsection is
				guilty of a class 1 noncriminal offense.
6. Gray water must be dumped in designated
				dump stations. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
7. Trash must
				be deposited in park dumpsters or other containers provided for refuse. Any
				person who violates this subsection is guilty of a class 3 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-09 - Animals

Current through Supplement No. 393, July, 2024
1. Pets shall be
				personally attended at all times and shall be effectively restrained by a
				portable enclosure or a leash not exceeding six feet [1.83 meters] in length.
				Any person who violates this subsection is guilty of a class 3 noncriminal
				offense.
2. No person may keep a
				noisy, vicious, or dangerous pet or other animal, or one which is disturbing to
				other persons, in a state park. Any person who violates this subsection is
				guilty of a class 1 noncriminal offense.
3. Pet waste must be bagged and disposed of
				in an appropriate waste container. Any person who violates this subsection is
				guilty of a class 3 noncriminal offense.
4. Animals are not allowed on any designated
				swimming areas, playgrounds, in buildings, or other posted areas in a state
				park, except for animals used to assist the disabled. Any person who violates
				this subsection is guilty of a class 3 noncriminal offense.
5. No person may tie or hitch any animal to a
				tree or plant. Any person who violates this subsection is guilty of a class 2
				noncriminal offense.
6. No person
				may bring riding or pack animals onto a site or trail which has not been
				developed and maintained to accommodate riding or pack animals. Any person who
				violates this subsection is guilty of a class 2 noncriminal offense.
7. Only certified weed-free hay and feed are
				allowed in state parks. Any person who violates this subsection is guilty of a
				class 3 noncriminal offense.
8.
				All riding or pack animals must be restrained and under control. Any person who
				violates this subsection is guilty of a class 2 noncriminal offense.
9. Horse waste and hay must be removed daily
				from all areas except designated horse trails. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
10. No person shall apply, or allow to be
				applied, any pesticide, within a state park unless it is formulated and labeled
				for household use only and does not require mixing or spraying with any type of
				carrier. If applying an authorized treatment, the treatment must not infringe
				on people or property in adjacent use areas. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-10 - Destruction of property

Current through Supplement No. 393, July, 2024
1. A
				person may not destroy, in any manner, any native, wild, or domesticated tree,
				shrub, fruit, plant, wildflower, or animal. Any person who violates this
				subsection is guilty of a class 1 noncriminal offense.
2. No person may destroy, deface, or remove,
				or disturb, in any manner, any real, personal, or public property, including
				geological formations or features and historical and cultural artifacts. Any
				person who violates this subsection is guilty of a noncriminal offense.
3. Collecting of fruit or plant
				materials is prohibited. Any person who violates this subsection is guilty of a
				class 3 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-11 - Building fires

Current through Supplement No. 393, July, 2024
1. No person
				may build a fire outside of stoves, grills, fire rings, or other places
				provided for building a fire. Any person who violates this subsection is guilty
				of a class 2 noncriminal offense.
2. All fires must be attended by a person
				eighteen years of age or older at all times. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
3. Upon abandonment of the fire, it must be
				completely extinguished. Any person who violates this subsection is guilty of a
				class 2 noncriminal offense.
4.
				Open fires may be prohibited based on conditions. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
5. All firewood must be sized to fit the fire
				rings provided. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
6. Collection
				or cutting of wood is prohibited in a state park without a special permit. Any
				person who violates this subsection is guilty of a class 2 noncriminal offense.
7. Use of chainsaws is prohibited
				without a special permit. Any person who violates this subsection is guilty of
				a class 2 noncriminal offense. Any person who violates this subsection is
				guilty of a class 2 noncriminal offense.
8. Burning of lumber with nails, staples, or
				other metal is prohibited. Any person who violates this subsection is guilty of
				a class 3 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-12 - Firearms, bows and arrows, slingshots, BB guns, and fireworks

Current through Supplement No. 393, July, 2024
1. No
				person, with the exception of a duly authorized peace officer, or person
				licensed for concealed carry, may possess a loaded firearm or dangerous weapon
				in a state park. Any person who violates this subsection is guilty of a class 2
				noncriminal offense.
2. Unless as
				exempted, above, firearms must be contained in a gun case and unloaded both in
				barrel and magazine. Any person who violates this subsection is guilty of a
				class 2 noncriminal offense.
3. No
				person may discharge or set off within a state park any firearm, bow and arrow,
				slingshot, BB gun, self-propelled rocket, any form of fireworks, or other
				projectile, unless authorized by the director. Any person who violates this
				subsection is guilty of a class 3 noncriminal offense. Any person who violates
				this subsection is guilty of a class 3 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-13 - Fees and permits

Current through Supplement No. 393, July, 2024
1. No
				person may evade or attempt to evade any fee or other charge that may be levied
				for admission to or use of any state park or facility contained therein. Any
				person who violates this subsection is guilty of a class 1 noncriminal offense.
2. Park visitors must immediately
				register at the park office or entrance station or utilize the
				self-registration facilities, when available, to secure a valid vehicle or
				camping permit. Any person who violates this subsection is guilty of a class 2
				noncriminal offense.
3. While in
				the park, visitors must have their daily entrance permits or annual entrance
				permits affixed to the lower left-hand corner of their vehicle or camping unit
				windshield to be considered validly registered for admission. Any person who
				violates this subsection is guilty of a class 3 noncriminal offense.
4. Camping permits must be placed on the
				campsite marker specifically provided for that purpose. If no campsite marker
				is provided, the permit must be conspicuously displayed on the camping unit or
				on a vehicle parked on the campsite. Any person who violates this subsection is
				guilty of a class 3 noncriminal offense.
5. The annual entrance permit may only be
				used on vehicles registered to the owner of the permit as listed on the
				department's annual vehicle permit log. Any person who violates this subsection
				is guilty of a class 1 noncriminal offense.
6. Daily vehicle permits used for day use
				activity expire one-half hour after sunset on the day of purchase. Any person
				who violates this subsection is guilty of a class 3 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05,
					 55-08-06
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-14 - Closed areas and closing hours

Current through Supplement No. 393, July, 2024
1. No person may enter or use a campsite or
				other area which is closed to public use. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
2. No person may be admitted or allowed to
				remain in any state park after the designated closing hour except for the
				purpose of camping, dormitory, and cabin rentals, unless the person has written
				permission from the park manager. Any person who violates this subsection is
				guilty of a class 2 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-15 - Hunting and harassing wildlife

Current through Supplement No. 393, July, 2024
1. No person may hunt, trap, pursue, catch,
				or kill any wild bird or wild animal in a state park unless specifically
				allowed by the director or by proclamation. Any person who violates this
				subsection is guilty of a noncriminal offense.
2. When hunting is permitted in a state park,
				no person may hunt in areas closed to hunting. Any person who violates this
				subsection is guilty of a class 2 noncriminal offense.
3. Special restrictions may be set by the
				park manager for hunting within a state park. Any violation of those special
				restrictions may result in loss of hunting privileges or payment of the fine
				indicated, or both. Any person who violates this subsection is guilty of a
				class 2 noncriminal offense.
General Authority: NDCC
					 55-08-01.3
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-16 - Metal detectors

Current through Supplement No. 393, July, 2024
No person may use any device for the purpose of locating or
				  removing any metallic object or any other objects of value from a state park.
				  Exceptions may be made by the director for approved archaeological surveys or
				  law enforcement personnel. Use of a metal detector to find a lost item may be
				  allowed under the direct supervision of park staff. Any person who violates
				  this subsection is guilty of a class 1 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-16.1 - Unmanned Aircraft Systems

Current through Supplement No. 393, July, 2024
The operation of any unmanned aircraft system for hobby,
				  recreation, or commercial purposes within any lands owned, leased, or managed
				  by the department is prohibited unless authorized by the director or deputy
				  director. Any person who violates this subsection is guilty of a class 2
				  noncriminal offense.
General Authority:
NDCC 55-08-01.3,
					 55-08-05
Law Implemented:
NDCC 55-08-01.3, 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-17 - Advertising, special events, and authorized concession operations

Current through Supplement No. 393, July, 2024
1. No
				person may erect, post, or hand out any sign, notice, or literature, or solicit
				signatures for a petition unless prior authorization is obtained from the park
				manager. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
2. No
				organization or group may hold any event that charges an admission or
				registration on lands owned or leased by the department without prior
				permission from the director. Any person who violates this subsection is guilty
				of a class 2 noncriminal offense.
3. No person, firm, or corporation may
				operate any concessions, business, enterprise, or sell personal property in a
				state park without prior permission from the director. Any person who violates
				this subsection is guilty of a class 1 noncriminal offense.
General Authority: NDCC
					 55-08-01.3,
					 55-08-05
Law
					 Implemented: NDCC
					 55-08-01.3,
					 55-08-04,
					 55-08-05
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-18 - Swimming areas, boat ramps, and marinas

Current through Supplement No. 393, July, 2024
Any person swimming in a state park swimming area or area
				  under the control of or operated by the department shall do so at the person's
				  own risk.
1. No person may swim at a
				state park, except within designated swimming areas. Any person who violates
				this subsection is guilty of a class 3 noncriminal offense.
2. It is unlawful in a state park designated
				swimming area:
a. To possess glass
				containers. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
b. To use the
				beach or designated swimming area between one-half hour after sunset and seven
				a.m. Any person who violates this subsection is guilty of a class 2 noncriminal
				offense.
c. To enter with any
				boat, canoe, or raft. Any person who violates this subsection is guilty of a
				class 1 noncriminal offense.
d. To
				fish. Any person who violates this subsection is guilty of a class 2
				noncriminal offense.
e. To engage
				in any hazardous activity which could cause injury to others. Any person who
				violates this subsection is guilty of a class 2 noncriminal offense.
f. To use any soap, detergent, or shampoo.
				Any person who violates this subsection is guilty of a class 3 noncriminal
				offense.
g. To change clothes
				except in structures that may be provided by the park for that purpose. Any
				person who violates this subsection is guilty of a class 3 noncriminal offense.
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-19 - Operation of a snowmobile or off-highway vehicle within right of way of a road, street, or highway within a state park or on trails maintained by the director of parks and recreation which cross or run parallel to roads, streets, or highways

Current through Supplement No. 393, July, 2024
When a snowmobile or off-highway vehicle operated within a
				  state park or on a trail maintained by the director of parks and recreation is
				  making a direct crossing of a street or highway as allowed by North Dakota
				  Century Code section
				  39-24-09 or
				  39-29-09 or is operated upon the
				  roadway, shoulder, or inside bank or slope of any road, street, or highway
				  under those emergency circumstances allowed by North Dakota Century Code
				  chapter 39-24 or 39-29, or is otherwise operated within the right of way of any
				  road, street, or highway, the rules and laws adopted or applied by the director
				  of the department of transportation defining the operation of a vehicle in a
				  negligent, reckless, or hazardous manner shall be applied to snowmobiles
				  operating within the right of way of any such road, street, or highway. In all
				  other cases, the rules and laws adopted or applied by the director of the
				  department of transportation defining the operation of a vehicle in a
				  negligent, reckless, or hazardous manner shall be used as an aid to
				  interpreting and applying these rules.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 39-29-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-20 - Snowmobile registration - Title certificate - General requirements

Current through Supplement No. 393, July, 2024
1.
				Except as hereinafter provided, no person may operate any snowmobile unless the
				snowmobile has been registered in accordance with the provisions of this
				chapter. Any snowmobile purchased after July 1, 1973, must be titled under the
				provisions of chapter 39-05 in order to be operated under the provisions of
				this section. A snowmobile purchased prior to July 1, 1973, may be titled under
				the provisions of chapter 39-05. Any person who violates this subsection is
				guilty of a class 2 noncriminal offense.
2. Any out-of-state or out-of-country
				snowmobile operated on public lands must have in possession an out-of-state
				public lands and trails access permit. Any person who violates this subsection
				is guilty of a class 2 noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-02,
					 39-24-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-21 - Rules of operation of a snowmobile

Current through Supplement No. 393, July, 2024
It is unlawful for any person to drive or operate any
				  snowmobile in the following ways which are declared to be unsafe and a public
				  nuisance:
1. At a rate of speed
				greater than reasonable or proper under all the surrounding circumstances. Any
				person who violates this subsection is guilty of a class 3 noncriminal offense.
2. In a careless, reckless, or
				negligent manner so as to endanger the person or property of another or to
				cause injury or damage to such person or property. Any person who violates this
				subsection is guilty of a class B misdemeanor.
3. While under the influence of intoxicating
				liquor or a drug as defined in North Dakota Century Code section
				39-24.1-01, or a combination
				thereof. Any person who violates this subsection is guilty of a noncriminal
				offense.
4. Without a lighted
				headlamp and tail lamp when required for safety. Any person who violates this
				subsection is guilty of a class 3 noncriminal offense.
5. In any tree nursery or planting in a
				manner which damages or destroys growing stock. Any person who violates this
				subsection is guilty of a class 3 noncriminal offense.
6. Without a manufacturer-installed or
				equivalent muffler in good working order and connected to the snowmobile
				exhaust system. Any person who violates this subsection is guilty of a class 3
				noncriminal offense.
7. Upon any
				private land where the private land is posted by the owner or tenant
				prohibiting trespassing. The name of the person posting the land must appear on
				each sign in legible characters. The posted signs must be readable from the
				outside of the land and must be placed conspicuously at a distance of not more
				than eight hundred eighty yards [804.68 meters] apart, provided further that as
				to land entirely enclosed by a fence or other enclosure, posting of signs at or
				on all gates through the fence or enclosure constitutes a posting of all the
				enclosed lands. Any person who violates this subsection is guilty of a class B
				misdemeanor.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-22 - License or permit requirement for operation of a snowmobile

Current through Supplement No. 393, July, 2024
It is unlawful for any person to operate a snowmobile
				  pursuant to North Dakota Century Code chapter 39-24 without having in
				  possession a valid driver's license, except as provided by North Dakota Century
				  Code section
				  39-24-09.1. Any person who
				  violates this subsection is guilty of a class 3 noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-23 - Towing or pulling with a snowmobile

Current through Supplement No. 393, July, 2024
No snowmobile may be operated at any time within the right of
				  way of any highway within this state while towing a sled, skid, or other
				  vehicle, unless the sled, skid, or other vehicle is connected to the snowmobile
				  by a hinged swivel and secure hitch. Any person who violates this subsection is
				  guilty of a class 3 noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-24 - Helmet requirements on a snowmobile

Current through Supplement No. 393, July, 2024
No person under the age of eighteen years may operate, ride,
				  or otherwise be propelled on a snowmobile unless the person wears a safety
				  helmet meeting United States department of transportation standards. Any person
				  who violates this section is guilty of a class 3 noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-25 - Liability insurance requirements when operating a snowmobile

Current through Supplement No. 393, July, 2024
A person may not operate a snowmobile, and an owner of a
				  snowmobile may not knowingly permit the snowmobile to be operated, upon any
				  property maintained, leased, or owned by the state parks and recreation
				  department to which the public has a right of access for snowmobile or other
				  vehicular use, without a policy of liability insurance which insures the person
				  named, and any person using the snowmobile with the express or implied
				  permission of the person named, against loss from the liability imposed by law
				  for damages arising out of the ownership, maintenance, or use of the snowmobile
				  within this state, subject to the following limits, exclusive of interest and
				  costs, with respect to each snowmobile: twenty-five thousand dollars because of
				  bodily injury to or death of one person in any one accident and, subject to the
				  limit for one person, fifty thousand dollars because of bodily injury to or
				  death of two or more persons in any one accident, and twenty-five thousand
				  dollars because of injury to or destruction of property of others in any one
				  accident. Upon request of a law enforcement officer, a person operating a
				  snowmobile shall provide proof of liability insurance to that officer within
				  twenty days. Any person who violates this section is guilty of a class 1
				  noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-26 - Age requirements for snowmobile operation

Current through Supplement No. 393, July, 2024
An individual twelve years of age and over may not operate a
				  snowmobile unless the individual is in possession of a valid driver's license,
				  operates the snowmobile on private land, or the individual has completed a
				  snowmobile safety training course as prescribed by the director of the parks
				  and recreation department pursuant to North Dakota Century Code chapter 28-32
				  and has received the appropriate snowmobile safety certificate issued by the
				  director of the department of transportation. The failure of an operator to
				  exhibit a snowmobile safety certificate upon demand to any official authorized
				  to enforce this chapter is presumptive evidence that the individual is not the
				  holder of the certificate. Any person who violates this section is guilty of a
				  class 3 noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-24-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-24-08(3),
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-27 - Off-highway vehicle registration

Current through Supplement No. 393, July, 2024
Except as provided in this chapter, an individual may not
				  operate an off-highway vehicle unless it has been registered under North Dakota
				  Century Code section
				  39-29-02. Any person who violates
				  this section is guilty of a class 2 noncriminal offense.
General Authority: NDCC
					 28-32-01,
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-29-08(3),
					 39-29-02,
					 55-08-01.3
North Dakota Administrative Code › Title 58 - Parks and Recreation Department › Article 58-02 - State Parks Administrative Policies › Chapter 58-02-08 - Park Use Rules › Section 58-02-08-28 - Rules of operation of an off-highway vehicle

Current through Supplement No. 393, July, 2024
An individual may not operate an off-highway vehicle in the
				  following ways, which are declared to be unsafe and a public nuisance:
1. At a rate of speed greater than reasonable
				or proper under all the surrounding circumstances. Any person who violates this
				subsection is guilty of a class 3 noncriminal offense.
2. In a careless, reckless, or negligent
				manner so as to endanger the person or property of another or to cause injury
				or damage to another person or the property of another person. Any person who
				violates this subsection is guilty of a class B misdemeanor.
3. While under the influence of intoxicating
				liquor or a controlled substance. Any person who violates this subsection is
				guilty of a class B misdemeanor.
4. Without a lighted headlamp and tail lamp
				except when used by an off-highway vehicle instructor during a certified
				off-highway vehicle safety training course. Any person who violates this
				subsection is guilty of a class 3 noncriminal offense.
5. In any tree nursery or planting in a
				manner that damages growing stock. Any person who violates this subsection is
				guilty of a class 3 noncriminal offense.
6. Without a manufacturer-installed or
				equivalent muffler in good working order and connected to the off-highway
				vehicle's exhaust system. Any person who violates this subsection is guilty of
				a class 3 noncriminal offense.
7.
				On any private land where the private land is posted prohibiting trespassing.
				The name and address of the person posting the land and the date of posting
				must appear on each sign in legible characters. The posted signs must be
				readable from outside the land and be placed conspicuously at a distance of not
				more than eight hundred eighty yards [804.68 meters] apart. Land entirely
				enclosed by a fence or other enclosure is sufficiently posted by posting of
				these signs at or on all gates through the fence or enclosure. Any person who
				violates this subsection is guilty of a class B misdemeanor.
General Authority: NDCC
					 28-32-01,
					 39-29-08(3),
					 55-08-01.3
Law
					 Implemented: NDCC
					 39-29-08(3),
					 55-08-01.3