8VAC103-10 Museum and Grounds Use and Access

REGULATIONS

Vol. 28 Iss. 22 - July 02, 2012

TITLE 8. EDUCATION

VIRGINIA MUSEUM OF FINE ARTS

Chapter 10

Final Regulation

REGISTRAR'S NOTICE: The Virginia Museum of Fine Arts is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 6 of the Code of Virginia, which exempts educational institutions operated by the Commonwealth.

Title of Regulation: 8VAC103-10. Museum and Grounds Use and Access (amending 8VAC103-10-10, 8VAC103-10-20, 8VAC103-10-30).

Statutory Authority: § 23-253.4 of the Code of Virginia.

Effective Date: June 15, 2012.

Agency Contact: Jessica Ferey, Administrative Assistant to Director, Virginia Museum of Fine Arts, 200 North Boulevard, Richmond, VA 23220, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments update the regulations and establish specific rules regarding dogs, bicycles, and skateboards on museum grounds.

8VAC103-10-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Director" means the Director of the Virginia Museum of Fine Arts or the director's designee.

"Museum" means the Virginia Museum of Fine Arts.

"Museum building" means, but is not limited to, the primary building facing the Boulevard and Grove Avenue in Richmond, Virginia, and any additions housing the Virginia Museum of Fine Arts, its collections, office spaces and assembly spaces, including but not limited to the Pauley Center, which faces Sheppard Street, Richmond, Virginia, and the office building that faces the Boulevard at the eastern corner of Grove Avenue, Richmond, Virginia.

"Museum grounds" means property including but not limited to streets, driveways, sidewalks, gardens, parking lots areas, and other open spaces deemed to be owned, rented, controlled, or otherwise controlled used by the Virginia Museum of Fine Arts, as shown in the diagram below:

"Other properties" means, but is not limited to, any structures, storage facilities, garages, and studio and classroom facilities not included in the "museum building" definition deemed to be that are owned, rented, controlled, or otherwise controlled used by the Virginia Museum of Fine Arts.

8VAC103-10-20. Authority and application.

A. This chapter is established in accordance with § 23-253.4 of the Code of Virginia.

B. This chapter shall apply to the general public; to all public and private organizations, parties, or movements; and to all employees and volunteers of the museum, and the museum foundation, the council shop, and Theatre Virginia.

8VAC103-10-30. Procedures.

A. Public service hours.

1. Museum building. Unless otherwise posted, the public exhibition areas of the museum building shall be open to the public from 11 a.m. each morning until 5 p.m. in the evening, Tuesday through Sunday, except for Thursday when closing will be at 8 p.m during the hours posted at each public entrance and on the website: http://www.vmfa.museum. These opening/closing times do not apply to members of the public attending functions or programs in the museum which that are sponsored by the museum or are held at the museum pursuant to contract with the museum such as Theatre Virginia performances, "Fast Forward," and "Jumpin.". Opening/closing times will be posted throughout at each public entrance to the building. Unauthorized persons found on the premises after the posted closing times will be subject to arrest and prosecution.

2. Museum grounds. The Unless otherwise posted, the grounds of the museum shall be open to the public from sunrise to sunset each day, except that the museum parking lots shall be open to members of the public attending approved functions or programs at the museum in the evening after sunset. Unauthorized persons found on the grounds during times other than the public service hours specified in this chapter will be subject to arrest and prosecution every day, year round.

a. Dogs may be brought onto the museum grounds provided that they are leashed and under the control of the owner at all times and that the owner assumes responsibility for cleaning up afterwards. Nothing herein shall prohibit the use on museum grounds, in museum buildings, or in other properties of service animals actively serving the handicapped.

b. Bicycles are permitted on all roadways, sidewalks, or pathways that do not have steps with the exception of times when sidewalks and pathways have pedestrians. During such times bicyclists shall dismount completely and walk. Pedestrians always have the right of way. Bicycles are not permitted on grass areas.

c. Skateboards, in-line skates, and roller skates are not permitted.

3. Other properties. The public service hours of other properties of the museum shall be posted on those properties. Unauthorized persons found on these other properties during times other than the posted public service hours will may be subject to arrest and prosecution.

B. Prohibited activities. No soliciting, pamphleteering, assemblages or the displaying of flags, banners, or devices designed or adapted to bring into public notice any party, organization, or movement shall be permitted within the museum, its grounds or other properties except as provided herein.

C. Exceptions. With the approval of the director, the prohibitions set forth in subsection B of this section may be suspended by the Deputy Director for Administration director to permit meetings, gatherings, or assemblages and the displaying of flags, banners, or devices that are not part of a museum-sponsored activity or event, if, in the deputy director's reasonable discretion, (i) the general enjoyment and use of the museum building, its grounds and other properties are not impaired, (ii) the public visiting the museum or attending an approved function is not disrupted, and (iii) the security or condition of the collection or the welfare, health, and safety of tourists, visitors and persons performing various duties on the premises are not endangered, and (iv) it does not impose additional expenditure of staff or facility resources.

D. Permit required. Assemblages, meetings or functions which that are not sponsored by the museum or which that are not held at the museum pursuant to a contract with the museum require a permit. Requests for permits for assemblages, meetings, or functions by any party, organization, movement or other private group must be in writing, must be submitted to the Deputy Director for Administration director at least 10 15 working days prior to the requested date, and must contain the following information:

1. Name of organization, date of origin, status (corporation, unincorporated association, partnership, nonprofit corporation, etc.) and name and address of registered agent, if a corporation.

2. Name, title within the organization, permanent address, occupation, and telephone number of the individual member who shall be responsible for the conduct of the meeting or function.

3. Statement as to the approximate number of members or other persons who will attend.

4. Date and specific period of time requested (from......to.....).

5. Purpose of meeting or function, to include names and titles of speakers, if any.

E. Parking lots and walkways. Except for approved functions, the vehicular drives and parking lots within the museum grounds must remain open unencumbered and the pedestrian walkways must afford reasonable movement of pedestrians at all times during public service hours.

F. Denial of permit. Requests for meetings or functions of organizations shall be denied if, after proper inquiry, the deputy director determines that the proposed event will constitute a clear and present danger to impair the orderly functioning of the museum and general enjoyment or use of the museum building, its grounds or and other properties by the public because of the advocacy of (i) the violent overthrow of the government of the United States, the Commonwealth of Virginia, or any political subdivision thereof; (ii) the willful damage or destruction, or seizure and subversion, of the museum building, its grounds or other property; (iii) the forcible disruption or impairment of or interference with the regularly scheduled functions of the museum; (iv) the physical harm, coercion, intimidation or other invasion of lawful rights of officials of the museum or members of the public; or (v) other disorders of a violent nature; will disrupt the public visiting the museum or attending an approved function; will endanger the security or condition of the collection or the welfare, health, and safety of visitors and persons performing various duties on the premises; or will impose additional expenditure of staff or facility resources.

G. Violation of Virginia law. The deputy director may refuse authorization for the use of the museum building, its grounds or other property, if there is reason to believe that the organization requesting a permit is organized, functioning, or conducting business in violation of Virginia law.

H. Written approval. Authorization for the use of the museum building, its grounds or other property will be set forth in a letter addressed to the individual named in subdivision D 2 of this section. Such authorization will automatically include all sections set forth above, together with any other specific stipulations or procedures that may be necessary at the time.

I. Revocation of permit. Violations of this policy may result in immediate revocation of the permit by the deputy director or his duly appointed representative, and in the event such revocation occurs, all participants shall be required to leave the museum building, its grounds or other property forthwith.

VA.R. Doc. No. R12-3251; Filed June 14, 2012, 3:07 p.m.