Guam Administrative Code

§2123. Guam Island Fair: Exempted. These regulations shall not apply to activities in parks prescribed by the Governor under authority of 1 GCA §1012 relating to the Guam Island Fair.

§2124. Special Permits. Notwithstanding any other regulation promulgated by the Director, the Director is authorized to issue permits for special activities subject to the following provisions: (a) No permit shall be valid for longer than ten (10) days. (b) The fee shall be $25.0…

§2125. Park Areas. The Director, with the approval of the Commission, may include new park areas in these rules, under whatever section is deemed appropriate, so long as such inclusion does not violate existing laws.

§2126. Short or Long-Term Concession. The Director is authorized to enter into short or long-term concession agreements subject to the following: (a) The Director has the authority to change vendor areas to concession areas provided one year notice is given. (b) The term of the l…

§3101. Definition of Terms. (a) Park shall include but not be limited to the following areas maintained as a park by the Department of Parks & Recreation: (1) Plaza de Espana, Agana. (2) Beach Front, East, Agana. (3) Beach Front, West, Agana. (4) Fort Santa Agueda, Agana. (5) Lat…

§3102. Authority and Purpose. (a) The purpose of these rules is to implement the provision of Title 14, Chapter 5, Government Code of Guam in regards to control and management of public parks and monuments. (b) By virtue of Public Law 12-209, control of all public parks and monum…

§3103. Enforcement and Penalty. (a) These park rules are enforceable by law enforcement officers of the Department of Public Safety, government of Guam, the Chief and authorized representatives. (b) Violation of these rules and regulations may result in the expulsion from the par…

§3104. Protection of Natural Features. (a) No person shall wilfully pull from the ground, tramp, cut, break or pick flowers, leaves, limbs or branches, or other parts from, or otherwise injure, destroy nor deface any vine, bush, tree or other plants of any kind within the boundar…

§3105. Vehicles. (a) All motor vehicles and trailers in a park shall conform with government of Guam Vehicle Codes. CH. 3 - TERRITORIAL PARK SYSTEM - 1997 - P. 4 (b) No motor vehicle or trailer shall be driven upon or parked within the boundary of a park except on roads and parki…

§3106. Designated Area Use. (a) The use of all firearms, traps and other weapons shall be in compliance with all Federal and government of Guam laws. (b) Firearms, traps, archery equipment and other weapons shall only be used and displayed in designated areas except by express wr…

§3107. Prohibited Uses. (a) The following activities are prohibited: (1) Vandalism. (2) Gambling. (3) Commercial advertising. CH. 3 - TERRITORIAL PARK SYSTEM - 1997 - P. 5 (4) Abandoning property - property shall be considered abandoned if left unattended for a period of seventy-…

§3108. Activities Allowed Except Where Prohibited. (a) Picnicking is allowed except where specifically prohibited. Picnics with an attendance of over one hundred (100) people shall have a valid permit. (b) Smoking is allowed except where specifically prohibited.

§3109. Controlled Use. (a) Animals are prohibited from public eating places, food establishments, swimming areas, beaches, boat docks, restrooms, playgrounds and public buildings within a park. (b) Riding or driving animals shall only be in designated areas. (c) All domestic anim…

§3110. Sanitation. (a) Burning of garbage, papers, cans, bottles, waste materials and other rubbish is prohibited. (b) Draining and dumping refuse, waste, liquids, fish entrails, fish and other animal parts are prohibited except in specified places or receptacles. (c) Cleaning fo…

§3111. Permit Use. (a) The following activities shall be only by a permit issued by the Chief: (1) Use of fireworks, explosives or any explosive devices. (2) Use of any form of traps either for animals or marine life. (3) Use of portable motors and engines, except marine outboard…

§3112. Memorials and Naming of Parks. Memorials shall be erected on a park or a park may be named in memorial of a person or persons only by the favorable majority vote of the Parks and Monuments Committee and concurrence of the Director of Parks and Recreation, except where the …

§3113. Contracts, Fees and Donations. (a) The Chief shall be authorized to enter into contracts for concession operations and any other park services. Such contracts shall be in conformity with, and subject to, all other applicable laws or regulations of the government of Guam. (…

§3114. Camping. (a) Camping or camper use shall be only in designated areas. (b) Camping or camper use shall be only by a permit issued by the Chief, or an authorized representative. (c) Persons camping or using campers shall clean the immediate area of their use before departing…

§3115. Vessels, Public Marinas and Boat Launching Ramps. (a) It shall be unlawful for any person to anchor, CH. 3 - TERRITORIAL PARK SYSTEM - 1997 - P. 10 store, moor, tie or otherwise confine any boat, vessel or contrivance in the mooring areas of any marina (except at designate…

§3116. Special Rules. (a) The Chief shall be authorized to issue special rules and regulations for a period of sixty (60) days with the concurrence of the Parks and Monuments Committee. (b) The Chief shall be authorized to establish fees or deposits for other uses or materials be…

§3117. Legislative Interpretation. NOTE: Rule-making authority cited for formulation of the Territorial Park System Rules and Regulations by the Director of Parks and Recreation, §3115, Chapter 3, 5 GCA. Regulatory power for the formulation of rules and regulations of the Territo…

§4101. Definition of Terms. Unless other wise expressly provided, the following words when used in these rules and regulations shall have the following meanings: (a) The term of boat or vessel shall mean any watercraft or other contrivance used on or capable of being used as a me…

§4102. Use of Agana Marina: General Statement. It shall be unlawful for any person to anchor, store, moor, tie or otherwise confine any boat, vessel or contrivance in the mooring areas of the marina (except at designated loading, transient or fueling docks) without first obtainin…

§4103. Same: Use Permits - Issuance. The Use Permit mentioned in this Section and in these rules and regulations shall mean the written authorization granted by the Director for the purpose of allowing a boat to be anchored, stored, moored, tied or otherwise confined in or at the…

§4104. Same: Period of Validity and Renewal of Use Permit. The Director may issue or renew a Use Permit for any period up to, but not exceeding one (1) year. Upon expiration of the period stated therein, the permit and all rights of the permittee thereunder shall automatically te…

§4105. Same: Revocation of Use Permits. (a) A Use Permit may be revoked for any of the following reasons: CH. 4 - AGANA BOAT BASIN - 1997 - P. 3 (1) Delinquency in the payment of any fee or charge; (2) The vessel no longer meets the Department's standards of safety, sanitation an…

§4106. Same: Application - Contents and Requirements. Any person who is the owner of a private pleasure boat shall be entitled to make application for a permit to tie, moor or dock his boat in the marina. Such permits shall be issued in the order in which they are received by the…

§4107. Same: Cancellation of Use Permit - Refund. A Use Permit may be cancelled by a boat owner upon thirty (30) days written notice to the Director. Any refund shall be prorated according to remaining period of validity of the permit.

§4108. Same: Inspections. All vessels located on or upon the waters of a marina shall be subject to inspection by the Director at any time when necessary and proper for the purpose of enforcing these rules and regulations. In keeping with marine custom, reasonable efforts shall b…

§4109. Same: Removal of Vessels. Persons docking, tying or mooring a boat shall remove such boat from the marina within ten (10) days after written notification from CH. 4 - AGANA BOAT BASIN - 1997 - P. 4 the Director in the event the boat becomes sunk or for any reason the Direc…

§4110. Same: Department Authorized to Move Vessel. (a) The Department reserves the right, when it is necessary and proper to do so, to: (1) move any vessel from one part of the marina to another; (2) remove any vessel from the confines of the marina; and (3) remove any vessel to …

§4111. Same: Salvage. If a vessel is moored so as to be in danger of sinking, the Department shall, after making reasonable effort to give due notice and opportunity of its owner or agent to effect appropriate remedy, take action as the circumstances require to save or rescue the…

§4112. Same: Liability - Content. (a) Acceptance of a permit shall constitute an agreement that the permit holder will hold the Government and its authorized representatives completely blameless for any liability in connection with the operation, docking, tying or mooring of any …

§4113. Same: Age Restriction. No permits shall be issued to minors under eighteen (18) years of age. No persons under twelve (12) years of age shall be admitted to the marina unless accompanied by an adult who shall assume full responsibility for his safety and conduct.

§4114. Same: Non-Transferability of Permits. A permit granted by the Director shall not be assigned or transferred. Persons holding a permit may not sublease the space assigned to the holder of such permit nor allow any person to dock, moor or otherwise use such space and the sam…

§4115. Same: Auction on of Abandoned Undocumented Vessels to Collect Delinquent Fees. In the event any vessel is abandoned or any owner is delinquent in the payment of any fee or charge after reasonable notice, the Director may publicly auction off such undocumented vessel, apply…

§4116. Same: Cases Involving Seizure and Auction of Documented Vessels. Documented vessels which are abandoned or delinquent in the payment of any fees or charges shall be referred to the U.S. Attorney for further action.

§4117. Same: Report of Change of Ownership, Address and Other Material Factors. (a) The owner of any vessel moored in the marina shall notify the Department in writing within seven (7) days if: (1) He no longer has possession of the vessel; or (2) All or any interest in the vesse…

§4118. Sanitation: Standard. All vessels and any property or facility used in the marina shall be kept, at all times, in condition of reasonable cleanliness and sanitation so as not to constitute a common nuisance or potential danger to public health. CH. 4 - AGANA BOAT BASIN - 1…

§4119. Same: Garbage and Other Offensive Matter. No person shall have or keep on his vessel any offal, garbage, decaying matter or any other matter which gives off an offensive odor except when the same is being disposed of as garbage and is kept in a receptacle which shall be ke…

§4120. Same: Flies. No person shall have or keep on his vessel any article, sub stance or thing whatsoever in which flies may breed, unless the same be kept securely protect ed from flies.

§4121. Same: Rodents. No rubbish or waste of any kind shall be placed, left, dumped or permitted to accumulate or remain on any vessel or in the vicinity of the same, in such a way so as to constitute a breeding place for rodents.

§4122. Same: Littering Land Areas - Prohibited. No person shall throw, place, leave, deposit or abandon or cause or permit to be thrown, placed, left, deposited or abandoned any litter within the marina, except in receptacles designated by the Department for the disposal of such …

§4123. Same: Littering or Polluting Water - Prohibited. No person shall place, throw, deposit or discharge into the waters of the marina any litter, sewage or other gaseous, liquid or solid materials which might render the water unsightly, noxious or otherwise unwholesome so as t…

§4124. Same: Marine Toilets - Restrictions. (a) No toilet on a vessel or contrivance shall be operated so as to discharge any treated or untreated sewage directly or indirectly into the waters. (b) No person on a vessel or contrivance equipped with a toilet shall use or permit th…

§4125. Fire Safety: Standard. All vessels and all property or facilities used at the marina shall be used in such manner and maintained in such condition as not to constitute a potential fire hazard.

§4126. Same: Appliances and Electrical Wiring. All cooking or heating appliances or any other machinery, equipment, utensils or apparatus which is used at the marina and could be the cause of fire shall be so constructed, installed, wired, situated, maintained and used so as to m…

§4127. Same: Fire Extinguishing Equipment. Any vessel utilizing the waters of the marina shall be provided with approved fire extinguisher in keeping with U.S. Coast Guard Regulations. The extinguisher shall at all times be maintained in good and serviceable condition for immedia…

§4128. Same: Fueling. (a) The fueling of vessels at the marina where a marine fueling station has been established, shall be accomplished only at such station: (1) Prior to fueling a vessel, the operator shall: (A) Securely moor the vessel. (B) Stop all engines, motors, fans and …

§4129. Same: Smoking. Smoking shall be prohibited when so prescribed by signs, and regardless of the Department's failure to post signs, no smoking or lighting of a match or any other fire-generating device shall be permitted within a fifty (50) foot radius of any fueling operati…