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General Park Area Rules


Published: 2015

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PARKS AND RECREATION DEPARTMENT





 

DIVISION 10
GENERAL PARK AREA RULES

736-010-0005
Purpose and Scope of Rules, Statutory Authority
(1) The purpose of this division is
to guide and govern the public use of park properties that are provided by the department
pursuant to ORS 390.111 and 390.121, in a manner that upholds their scenic, historic,
natural, cultural and recreational values. Additional information about the use
of park properties is available on the state park website.
(2) This division is adopted
pursuant to the commission's authority to manage, operate and maintain park properties
per ORS 390.121; the commission's authority to adopt rules necessary for the use
and administration of park properties per ORS 390.124; and the authority of the
director and park employees specifically designated by the director to enforce state
park rules per ORS 390.050.
(3) This division is based
on an assessment of public uses currently allowed on park properties and does not,
and is not intended to, create any obligation or liability on the part of the department
to supervise or ensure the safety of park property visitors. The department does
not assume any liability for the recreational use of park properties by the public
beyond those specified in ORS 105.682.
Stat. Auth.: ORS 390.050, 390.111, 390.121,
& 390.124
Stats. Implemented: ORS 390.124
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80;
PR 9-1981, f. & ef. 4-6-81; PR 1-1990, f. & cert. ef. 5-14-90; PRD 4-2005,
f. & cert. ef. 5-5-05; PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0010
Statutory Authority and Procedures
The text of this rule, 736-010-0010, was combined with rule 736-010-0005 above.
Stat. Auth.: ORS 390

Stats. Implemented: ORS 390.050, 390.111, 390.121, 390.124

Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 1-1990, f. & cert. ef. 5-14-90; PRD 4-2005, f. & cert. ef. 5-5-05
736-010-0015
Definitions
As used in this division, unless the
context requires otherwise:
(1) “Day Use Area”
is a park property or portion of a park property that the department has designated
for day use only.
(2) "District Manager" means
the immediate supervisor of park managers within a specified geographic region of
the state.
(3) “Closed Area”
means a park or portion of a park that the public is prohibited from entering. Closures
will be identified by signs in the park and notices placed on the state park website.
(4) "Commission" means the
Oregon State Parks and Recreation Commission.
(5) “Dawn” means
30 minutes prior to sunrise as calculated by the U.S. Naval Observatory.
(6) "Department" means the
Oregon State Parks and Recreation Department.
(7) "Director" means the
department director.
(8) “Domestic Animals”
are those animals whose food and shelter are provided by a human custodian.
(9) “Dusk” means
30 minutes after sunset as calculated by the U.S. Naval Observatory.
(10) "Enforcement Officer"
means a peace officer or park employee specifically designated by the director under
ORS 390.050 to investigate observed or reported state park rule violations and to
issue oral or written warnings or citations to enforce state park rules.
(11) “Handler”
means any person who either brings a domestic animal into a park property or keeps
a domestic animal at a park property.
(12) “Motorized Vehicle”
means any vehicle being powered by an engine or motor which is capable of transporting
a person.
(13) “Other power-driven
mobility device” means any mobility device powered by batteries, fuel, or
other engines, whether or not designed primarily for use by individuals with mobility
disabilities, that is used by individuals with mobility disabilities for the purpose
of locomotion, including golf cars, electronic personal assistance mobility devices
(EPAMDs), such as the Segway® PT, or any mobility device designed to operate
in areas without defined pedestrian routes, but that is not a wheelchair within
the meaning defined in section (26) below.
(14) "Park Property" means
any state park, natural area, wayside, corridor, scenic area, monument, historic
structure or area, trail, or recreation area under the jurisdiction of the department.
(15) "Park Employee" means
an employee of the department while on duty.
(16) "Park Manager" means
the supervisor or designated employee in charge of a park property.
(17) "Park Resource" means
any natural feature, wildlife, vegetation, water, cultural artifact, archaeological
remains, or human-made structure or feature of a park area.
(18) "Peace Officer" means
a sheriff, constable, marshal, municipal police officer, member of the Oregon State
Police, and other persons as may be designated by law.
(19) "Person" includes individuals,
a public or private corporation, an unincorporated association, a partnership, a
government or a governmental instrumentality, or a non-profit entity.
(20) “Public”
includes all persons visiting or intending to visit a park property that are not
park employees.
(21) “Service Animal”
means any dog 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. Other species of animals, whether wild
or domestic, trained or untrained, are not service animals for the purposes of this
definition. The work or tasks performed by a service animal must be directly related
to the handler’s disability. The crime deterrent effects of an animal's presence
and the provision of emotional support, well-being, comfort, or companionship do
not constitute work or tasks for the purposes of this definition.
(22) “State Park Rules”
mean the rules, regulations, restrictions, prohibitions, or limitations established
by this division for the use or protection of park properties.
(23) “State Park Website”
means the internet resource with the host name http://www.oregon.gov/OPRD/Parks/
and its associated links.
(24) "Violate" includes failure
to comply.
(25) “Visitor”
means any member of the public who arrives at or is present at a park property.
(26) “Wheelchair”
means a manually-operated or power-driven device designed primarily for use by an
individual with a mobility disability for the main purpose of indoor, or of both
indoor and outdoor locomotion.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.050,
390.111 & 390.124
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80;
PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f. &
cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PRD 4-2005, f. &
cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 2-2011(Temp), f. &
cert. ef. 3-24-11 thru 9-15-11; SSP 23-2011(Temp), f. & cert. ef. 8-1-11 thru
1-27-12; PRD 4-2011, f. & cert. ef. 8-1-11; PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0020
General Regulations
(1) The director may establish seasons,
overnight lengths of stay, camper checkout times and procedures to adjust daily
park property opening and closing times, and portions of a park property that are
permanently closed or limited to specific uses or activities by the public. These
may differ from park property to park property and from time to time, but shall
be indicated on the state park website, published maps, brochures, the current state
parks guide booklet, or on posted signs at the park property.
(2) Unless otherwise specifically
established by the director the following apply:
(a) The maximum length of
stay for campers is 14 consecutive nights in a 17 night span. After three nights
out of the park, campers may return to start a new stay.
(b) The maximum length of
stay for hiker/biker sites is three consecutive nights in a seven night period per
park.
(c) Unless otherwise posted
or specifically open for an event or activity, the hours of operation for a day
use area are dawn to dusk.
(3) The director, by written
agreement, may cooperatively exercise jurisdiction and authority over a park property
with a county, city, or political subdivision thereof for the purposes of enforcing
state park rules, and applicable state, county or city laws.
(4) A person shall observe
and abide by all instructions, warnings, restrictions, and prohibitions on posted
signs and notices and from park employees.
(5) A park manager or park
employee may seek compliance from the public with any state park rule.
(6) A park manager or department
enforcement officer may order any person that violates any state park rule to leave
a park property.
(7) A park manager or a department
enforcement officer may exclude a person that violates any state park rule from
the park property or multiple park properties for a specified period of time.
(8) A peace officer may seek
compliance from the public with any state park rule and may order a person who violates
one or more state park rules to leave a park property.
(9) A peace officer may exclude
or recommend that the park manager exclude a person who violates any state park
rule; federal, state, county, or city law; or court order from a park property or
multiple park properties for a specified period of time.
(10) A park manager or designated
park employee may protect the safety or health of the public or protect park resources.
This authority includes actions that may temporarily:
(a) Permit or limit specific
activities or uses in designated portions of a park property;
(b) Designate a location
within a park for a single use to avoid conflicts between users;
(c) Restrict access to or
close an entire park property;
(d) Restrict access to or
close a portion of a park property; or
(e) Exclude a person from
a park property.
(11) A person excluded from
a park property may contest the exclusion notice by filing a written appeal within
seven days of the exclusion date. The person excluded must submit the appeal to
the District Manager responsible for the park where the notice of exclusion was
issued.
(12) The following situations
are criminal trespass in the second degree, a Class C misdemeanor, per ORS 164.245:
(a) A person ordered to leave
a park property that remains present as a visitor;
(b) A person excluded from
a park property that enters or remains present as a visitor;
(c) A person enters a closed
or restricted portion of a park property; and
(d) A person engages in an
activity that has been specifically prohibited or restricted at a park property
or a portion of a park property.
Stat. Auth.: ORS 390.050, 390.121, 390.124
Stats. Implemented: ORS 390.124
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80;
PR 9-1981, f. & ef. 4-6-81; PR 9-1982(Temp), f. & ef. 6-28-82; PR 5-1983,
f. & ef. 3-30-83; PR 1-1990, f. & cert. ef. 5-14-90; PR 1-1992, f. &
cert. ef. 2-14-92; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR 1-1998, f. 1-15-98,
cert. ef. 1-20-98; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert.
ef. 8-28-07; PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0022
Violations and Fines
(1) Violation of a state park rule is
a Class D violation unless otherwise specified in this division.
(2) Vehicular violations
in a park property are classified per the Oregon Vehicle Code, ORS chapters 801
to 826, unless further specified in this division.
(3) Violations that disturb
or damage park resources are Class A violations.
(4) Violations that constitute
criminal trespass per OAR 736-010-0020 are Class C violations.
(5) Each occurrence of a
violation of a state park rule shall be considered a separate offense.
(6) Violations of state park
rules are punishable, upon conviction, by a fine as provided in ORS chapter 153
with the exception of the following specific violations:
(a) Violations of OAR 736-015-0030(3)(a),
parking without displaying a valid parking permit when required, are Class D violations
with a specific fine of $60;
(b) Violations of OAR 736-010-0026(1)(b),
failure of persons under 16 years to wear protective headgear, are Class D violations
with a specific fine of $60;
(7) With the exception of
those specific fines set forth in section (6), enforcement officers shall cite on
the presumptive fine amounts established by ORS chapter 153.
Stat. Auth.: ORS 153 & 390
Stats. Implemented: ORS 153.018,
390.050, 390.111 & 390.990
Hist.: PR 5-1983, f. &
ef. 3-30-83; PRD 2-2000(Temp), f. & cert. ef. 1-14-00 thru 7-12-00; PRD 6-2000,
f. & cert.. ef. 5-9-00; PRD 1-2004(Temp), f. & cert. ef. 1-15-04 thru 3-31-04;
PRD 4-2004, f. 3-15-04 cert. ef. 4-15-04; PRD 4-2005, f. & cert. ef. 5-5-05;
PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0025
Motor Vehicles
(1) All park area roadways are considered
public roadways and all provisions of the Oregon Vehicle Code, ORS chapters 801
to 826are applicable and enforceable on such roadways.
(2) Motorists must comply
with motor vehicle regulatory signs posted on park properties.
(3) Motor vehicles, trailers,
or other vehicles shall be operated only on public roadways and in other portions
of park properties designated for motor vehicle use by signs or park employees.
(4) Where not otherwise posted,
motor vehicles may not be operated within a park property at speeds in excess of
25 miles per hour. Violation of this rule is a Class B violation.
(5) Motor vehicles, trailers,
or other vehicles shall be parked only in designated parking areas.
(6) The department may have
a vehicle towed at the owner's expense if a vehicle is parked in a fire lane, roadway,
campsite, entry way, driveway, closed area, or other location in a manner that threatens
park resources, impedes park operations, or safety, or any combination thereof.
(7) Abandoning a vehicle
or leaving a vehicle unattended for 72 hours or more at a park property without
permission from the park manager is prohibited and is a Class B violation. Vehicles
abandoned for 72 hours or more or vehicles owned by a person who has been excluded
from the park property or who is in violation of criminal trespass may be towed
at the owner's expense.
(8) Parking a motor vehicle
or a trailer overnight in a day use area is prohibited without written permission
of the park manager or designated park employee and such vehicles are subject to
towing at the owner's expense.
(9) Unlicensed motorized
vehicles, except department service vehicles, may not be operated in park properties
unless otherwise posted, with the exception of other power-driven mobility devices
operated within the constraints established in section 11.
(10) A person may only operate
an Off-Highway Vehicle (OHV) on park property:
(a) In designated off-highway
riding areas or on park roadways which are signed for OHV use.
(b) During those seasons
and hours of operation which are established by the park manager.
(c) Below the maximum permissible
decibel level as published on the state park website on July 1, 2013.
(11) The park manager or
a park employee designated by the manager will allow the use of other power-driven
mobility devices by individuals with mobility disabilities, in areas open to the
public unless it is determined that the device cannot be operated in accordance
with legitimate safety concerns for the operator, park visitors, park resources
and park facilities. In determining if the device can be operated in a safe manner
the manager or designee will consider the following criteria:
(a) The type, size, weight,
dimensions, and speed of the device;
(b) The facility's volume
of pedestrian traffic (which may vary at different times of the day, week, month,
or year);
(c) The facility's design
and operational characteristics (e.g., whether its service, program, or activity
is conducted indoors, its square footage, the density and placement of stationary
devices, and the availability of storage for the device, if requested by the user);
(d) Whether legitimate safety
requirements can be established to permit the safe operation of the other power-driven
mobility device in the specific facility or area; and
(e) Whether the use of the
other power-driven mobility device creates a substantial risk of serious harm to
the immediate environment or natural or cultural resources, or poses a conflict
with applicable state laws and regulations.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
390.330, 819.110, 819.120, 811 et seq., 814.500, 814.516, 814.550 & 814.554
Hist.: 1 OTC 17, 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56(Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80;
PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f. &
cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR 1-1994, f. &
cert. ef. 2-9-94; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert.
ef. 8-28-07; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11; PRD 4-2011,
f. & cert. ef. 8-1-11; PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0026
Non-Motorized Vehicles, Cycles or
Similar Devices
(1) A person operating a bicycle, skateboard,
scooter, roller- or inline skate, or other wheeled, operator-propelled equipment
that transports the operator on land must comply with the following:
(a) Motor vehicle and bicycle
regulatory signs posted in park properties,
(b) Persons under 16 years
of age are required to wear protective headgear,
(A) In the event that a person
under 11 years of age violates this subsection, the notice of violation shall be
issued to the person's parent, legal guardian or person with legal responsibility.
(B) In the event that a person
between 11 and 16 years of age violates this subsection, the notice of violation
may be issued to the violator or that person's parent, legal guardian or person
with legal responsibility.
(c) Restrict speed and manner
of operation to a reasonable and prudent practice relative to terrain, prevailing
conditions, equipment, personal capabilities, personal safety and the safety of
all other park users. This includes:
(A) Yielding the right-of-way
to pedestrians and animals;
(B) Dismounting and walking
in congested areas and posted walk zones;
(C) Slowing down and making
presence well know in advance and using caution when overtaking other persons or
animals;
(D) Displaying adequate lighting
during the hours of darkness, in compliance with ORS chapters 814 to 816;
(E) Using caution when approaching
turns or areas of limited sight distance;
(F) Not disturbing or harassing
wildlife as provided in OAR 736-010-0055; and
(G) Operating in compliance
with any additional requirements identified in ORS 814.488 when on public roads
accessible by motor vehicles.
(2) A person may operate
non-motorized cycles or similar devices on roads and trails at any park property,
except where posted to specifically prohibit or conditionally restrict such activity.
(3) The director or designee
may open or close roads and trails to the operation of non-motorized cycles or similar
devices, based on an evaluation of factors related to the use of these devices including,
but not limited to, the degree of conflict with other users, public safety, or damage
to park resources.
(4) A person may not operate
non-motorized cycles, scooters, or similar devices in those portions of a park property
listed below, except where authorized by the director and posted specifically or
conditionally to allow such activities:
(a) Off roads or off trails;
(b) Within designated natural
areas, natural forest areas, or natural area preserves except on roads open for
motor vehicles;
(c) On docks, piers, floats
and connecting ramps; and
(d) In areas specifically
designated as free from this use.
(5) Individuals with mobility
disabilities can use wheelchairs and manually-powered mobility aids, designed for
use by individuals with mobility disabilities, to access any areas open to pedestrian
use.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
814.400 - 814.489 & 814.600
Hist.: PR 4-1991, f. 4-30-91,
cert. ef. 5-13-91; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 2-2011(Temp), f. &
cert. ef. 3-24-11 thru 9-15-11; PRD 4-2011, f. & cert. ef. 8-1-11; PRD 2-2013,
f. & cert. ef. 7-19-13
736-010-0027
Boats and Moorages
(1) The park manager may post restrictions
or prohibitions on the use of motorboats or other watercraft at park properties.
(2) Boaters must comply with
regulatory signs posted in boat launching, moorage and beach areas.
(3) Boaters shall moor or
secure their boat in a manner that will not cause personal injury or damage to private
property or park resources.
(4) Boaters shall vacate
moorages by the designated checkout time on the last day of the rental date unless
otherwise posted.
(5) If a person has failed
to pay moorage rental rates for two consecutive days, has exceeded the moorage stay
limit, or is occupying a moorage slip reserved by another, the department may have
all possessions, including the watercraft, removed at the owner's expense. The department
is not responsible for any loss or damage to possessions or watercraft.
(6) The park manager may
permit or restrict fishing from boat moorage docks.
(7) A person may not swim
or water ski within 200 feet of boat moorage docks or facilities.
(8) Motorized boats and all
other watercraft are prohibited from entering established swimming areas except
for the protection or rescue of human life.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
830.912 & 830.914
Hist.: PR 5-1983, f. &
ef. 3-30-83; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 2-2013, f. & cert. ef.
7-19-13
736-010-0030
Domestic Animals
(1) A handler is responsible for the
behavior of their domestic animal and shall either confine their domestic animal
or keep it under physical control on a leash not more than six feet long at all
times except in designated off leash areas.
(2) In designated off leash
areas a handler shall keep their domestic animal under control at all times such
that it is within the unobstructed sight of the handler, remains responsive to voice
commands, or other methods of control.
(3) Handlers shall carry
a leash or restraining device at all times while in designated off leash areas and
must promptly leash animals at the request or order of a park employee.
(4) Handlers must prevent
their domestic animal from harassing or intimidating people, wildlife, and other
domestic animals.
(5) Domestic animals shall
only be hitched or confined in a manner that does not cause damage to any park resources.
(6) A handler shall pick
up and properly dispose of their domestic animal's waste while at the park property.
(7) With the exception of
service animals and miniature horses as described in section (12) below, domestic
animals are prohibited in the following locations:
(a) Park property buildings
and structures, except for up to a total of two dogs or cats in any combination
in yurts and cabins that have been designated as pet friendly by the park manager;
(b) Bodies of water, except
hunting dogs are allowed in those areas described in OAR 736-010-0055;
(c) Beaches adjacent to designated
for swimming areas; and
(d) Other areas where posted.
(8) The park manager or an
enforcement officer may take any measure deemed necessary (including the removal
of the animal from the park property) to protect park resources or to prevent interference
by the animal with the safety, comfort, or well-being of any person at the park
property.
(9) Park employees may seize
any domestic animal running at large in a park area and release it to an animal
pound or animal control officer or shelter.
(10) The park manager may
designate a portion of a park property to be open to dogs off leash for the purposes
of training dogs, conducting open field trials, or exercising dogs under the control
of the handler.
(11) With the exception of
miniature horses as described in section (12) below, a person may not ride, drive,
lead, or keep a horse or other large animal at any park property, except on such
roads, trails, or areas designated for that purpose. A handler may not hitch or
confine a horse or other large animal in a manner that may cause damage to any tree,
shrub, improvement or structure.
(12) The park manager or
designated park employee will allow the use of a miniature horse by an individual
with a disability if the miniature horse has been individually trained to do work
or perform tasks for the benefit of the individual with a disability and if, in
the park manager or designee’s assessment, the miniature horse can reasonably
be allowed in a specific facility based on consideration of the following:
(a) The type, size and weight
of the miniature horse and whether the facility can accommodate these features;
(b) Whether the handler has
sufficient control of the miniature horse;
(c) Whether the miniature
horse is housebroken; and
(d) Whether the miniature
horse’s presence in a specific facility compromises legitimate safety requirements
that are necessary for safe operation.
Stat. Auth ORS 390.124
Stats. Implemented: ORS 390.111
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 82, f. 5-11-77, ef. 5-14-77;
1 OTC 5-1979, f. & ef. 2-9-79; 1 OTC 22-1979 (Temp), f. & ef. 9-24-79; 1
OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 1-1990, f. &
cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; Renumbered from 736-015-0050,
PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD
2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11; PRD 4-2011, f. & cert.
ef. 8-1-11; PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0035
Livestock and Farming
(1) A person may not harass livestock
or interfere with lawfully permitted farming activities or facilities, including
fencing, at park properties.
(2) A person may conduct
farming activities at park properties only with written permission of the park manager
or designated park employee.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80;
PR 9-1981, f. & ef. 4-6-81; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 2-2013,
f. & cert. ef. 7-19-13
736-010-0040
Visitor Conduct
(1) A person shall cause, build, maintain,
or accelerate a fire at a park property only in:
(a) Park camp stoves or fireplaces
provided for such purpose;
(b) Portions of beach areas
designated as permissible for campfires; or
(c) Portable stoves used
at established campsites, picnic areas, or beach areas where fires are designated
as permissible.
(2) A person who has caused,
built, or maintained an allowed fire shall:
(a) Burn only paper products
and untreated natural wood free of attached metal, nails, glass or plastic objects;
(b) Burn wood no longer than
24 inches in length;
(c) Attend the fire at all
times, breaking it apart and extinguishing it completely with water before leaving
the immediate area;
(d) Use no gasoline, diesel
or any other petroleum-based products to start or maintain a fire; and
(e) Ensure that any fire
that they set does not cause personal injury or damage to private property or park
resources.
(3) The park manager may
temporarily restrict or prohibit fires in otherwise allowed situations due to high
fire hazard conditions, and all persons shall observe such restrictions.
(4) A person may not injure,
mutilate, deface, damage, harass, or remove any park resource, property, structure
or facility of any kind at a park property, except as provided in OAR 736-010-0055.
(5) A person shall in no
manner cause any rubbish, garbage, refuse, organic or inorganic waste, diseased
or dead animals, or other offensive matter or any abandoned property or material
to be placed or left at a park property, except for:
(a) Recreational vehicle
sewage and gray water holding tank contents that are disposed of in designated dump
stations;
(b) Garbage, trash, and recyclables
generated while using a park property and disposed of in the designated containers
provided.
(6) A person may not remove
items from containers designated for recyclables, garbage, sewage or waste without
authorization of the park manager.
(7) A person may not leave
personal property or possessions overnight in a day use area without written permission
from the park manager or designated park staff.
(8) While many activities
are allowed on park property, the following activities are specifically prohibited
at park properties, and a person may not engage in:
(a) Using or operating any
noise producing machine, vehicle, device or instrument in a manner that disturbs
or may disturb other park visitors except as allowed in section 10 below;
(b) Using a public address
system or similar device without written permission of the park manager;
(c) Possessing, discharging,
or causing to be discharged, any firecracker, explosives, torpedoes, rockets, fireworks
or other similar materials or substances without the written permission of the park
manager or designated park employee;
(d) Using a metal detector
or similar device without written permission of the park manager or designated employee
at any park property or portion of a park property not listed on the “Detecting
Allowed” list, published on the state park website;
(e) Obstructing, harassing
or interfering with a park employee or peace officer in the performance of their
duties;
(f) Entering or occupying
any building, facility or portion of a park property that has been closed to public
access; punishable as a Class C misdemeanor pursuant to ORS 164.245;
(g) Blocking, obstructing
or interfering with vehicular or pedestrian traffic on any road, parking area, trail,
walkway, pathway or common area; punishable as a Class C misdemeanor pursuant to
ORS 164.245;
(h) Occupying or interfering
with access to any structure, office, lavatory or other facility in a manner which
interferes with the intended use of such a structure or facility; punishable as
a Class C misdemeanor pursuant to ORS 164.245;
(i) Fighting; or promoting,
instigating or encouraging fighting or similar violent conduct which would threaten
the physical well-being of any person at the park property;
(j) Smoking tobacco products
except:
(A) In vehicles and personal
camping units in accordance with all applicable laws governing smoking in vehicles;
(B) In designated campsites
in developed overnight camping areas, unless temporarily suspended by the park manager
due to high fire hazard conditions;
(C) In day use areas managed
as Safety Rest Areas through agreements with the Oregon Department of Transportation;
and
(D) Where allowed by the
park manager for personal use by a member of a federally recognized Oregon tribe
as part of their traditional religious, medicinal, or other customary cultural heritage
practices;
(k) Activities or conduct
which constitutes a public nuisance or hazard;
(l) Public indecency as defined
in ORS 163.465;
(m) Base-jumping, hang gliding,
paragliding or similar activities without written permission from the park manager
except that the use of hang gliders is allowed at Cape Kiwanda State Natural Area;
(n) Discharging any firearm,
bow and arrow, slingshot, pellet gun, or other weapon capable of injuring humans
or wildlife or damaging property, except at those park property locations and for
those purposes specified in OAR 736-010-0055(7);
(o) Placing a sign, marker
or inscription of any kind, except in designated areas within a park property, without
written permission from the park manager;
(9) A person may only distribute
circulars, notices, leaflets, pamphlets or written or printed information of any
kind within a park property after they have first obtained permission from the park
manager and reported their name, address and number of leaflets to be distributed.
(10) A person must obtain
a special use permit from the department for any activity or use as described in
OAR 736-016-0005(1), including but not limited to an activity or use within a park
property that:
(a) Is an organized group
activity or event attended by over 50 people;
(b) Uses a portion of a park
property to the exclusion of other persons or the department;
(c) Modifies or embellishes
the park property, or places structures, such as tents, chairs, arches, and similar
structures on the park property in a manner outside of normal recreational use,
as determined by the park manager or enforcement officer;
(d) Uses public-address,
amplification or lighting systems, other than those designed for personal use;
(e) Charges money for participation
or admission;
(f) Involves the sale of
products or services;
(g) Could disturb the natural,
cultural, scenic and recreational resources in the park property or adjacent areas;
(h) Could pose a safety or
access concern for other park users or for those involved in the event or activity.
(11) A person who obtains
a special use permit under OAR chapter 736, division 16 must comply with all the
provisions of division 16, special use permit conditions, and with instructions
from the department.
(12) All money or goods,
having a value of $100 or more and found by the public at park properties, must
be turned over to the park manager or a park employee. All found money or goods
will be disposed of according to department policy adopted in accordance with ORS
98.005.
(13) The director or designee
may close rock formations and cliffs within a park property to descending, scaling
or technical rock climbing. A person that engages in such activities at such locations
commits a Class C misdemeanor as provided in section (8)(f).
(14) The director or designee
may close park access to lakes, streams or waterfalls for kayaking, boating, diving,
swimming, or other water recreation activities when the park manager has determined
the activity to be a danger to participants. Persons accessing through closed areas
to engage in such activities commit a Class C misdemeanor as provided in section
(8)(f).
(15) A person using a park
property shall pay rates and comply with procedures and restrictions as established
in OAR chapter 736, division 15 for use of designated facilities or the purchase
of services or products.
Stat. Auth.: OAR 390.124
Stats. Implemented: ORS 390.111,
163.465, 433.835 - 433.875 & 498.006
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 22-1979 (Temp), f. & ef.
9-24-79; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 5-1983,
f. & ef. 3-30-83; PR 3-1984, f. & ef. 3-5-84; PR 1-1990, f. & cert.
ef. 5-14-90; PR 4-1991, f. 4-30-91, cert. ef. 5-13-91; PR 8-1993, f. & cert.
ef. 5-11-93; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR 7-1996, f. 8-14-96, cert.
ef. 8-15-96; PRD 4-2000, f. & cert. ef. 4-5-00; Renumbered from 736-010-0045,
736-010-0070, 736-010-0125, 736-015-0045 & 736-015-0067, PRD 4-2005, f. &
cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD 11-2008, f. &
cert. ef. 12-15-08; PRD 11-2009, f. & cert. ef. 6-18-09; PRD 2-2013, f. &
cert. ef. 7-19-13; PRD 1-2014, f. & cert. ef. 3-6-14
736-010-0045 [Renumbered to 736-010-0040]
736-010-0050
Overnight
Use
(1) Overnight use is prohibited on the
ocean shore abutting park properties and in any park property or portion of a park
property not specifically designated for camping.
(2) A person must comply
with seasons, overnight lengths of stay, and camper checkout times as provided in
OAR 736-010-0020.
(3) Overnight facilities
shall be occupied only by persons and allowed visitors who have paid overnight use
fees as established and required in OAR chapter 736, division 15.
(4) Owners of vehicles in
a campground later than 10:00 PM are subject to overnight use fees and must comply
with OAR chapter 736, division 15.
(5) A park employee may authorize
more than one vehicle to occupy an individual campsite, subject to OAR chapter 736,
division 15, but individual campsites shall not be occupied by more than one recreational
vehicle at the same time, unless authorized by the park manager.
(6) A maximum of eight individuals
may occupy one campsite unless otherwise specified by the park manager.
(7) Quiet hours at park property
campgrounds are 10:00 P.M. to 7:00 A.M., and a person may not make, cause, or allow
to be made loud noise in a manner that disturbs or may disturb park visitors during
these times.
(8) Campsites must be occupied
the first night after any belongings are left in the site and must remain occupied
each night during the entire length of stay unless other arrangements have been
made with the park manager or designated park employee. If a person has failed to
pay camping rental rates for two consecutive days or has exceeded the length of
stay time limit the department may have all possessions removed from the campsite
at the owner's expense. The department will not be responsible for any loss or damage
to possessions.
(9) A person must be 18 years
of age or older to reserve and register for campsites, cabins, yurts, and other
overnight facilities in parks areas.
(10) The registered camper
shall be present in the campsite each night of the stay or they shall provide park
staff a means of contacting them if they will not be in the campsite overnight.
(11) The registered camper
shall be responsible for the activities of all users of the site.
(12) The park manager or
designated park employee may require that all food, garbage and equipment used to
cook or store food, when not attended, be placed in a vehicle or hard sided camping
unit.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75,
ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & ef. 1-4-80;
PR 9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 3-1984, f. &
ef. 3-5-84; PR 1-1990, f. & cert. ef. 5-14-90; PR 1-1992, f. & cert. ef.
2-14-92; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR 2-1995, f. & cert. ef.
1-23-95; PR 3-1996, f. & cert. ef. 5-13-96; PRD 4-2001, f. 2-28-01, cert. ef.
3-1-01; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 4-2011, f. & cert. ef. 8-1-11;
PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0055
Park Resources
(1) A person may not excavate, injure,
disturb, destroy, alter or remove any archaeological, cultural, or historical site,
object, or material from a park property, unless authorized by the director as defined
in ORS 390.235 and OAR 736-051-0060 to 736-051-0080.
(2) A visitor may only conduct
the following activities with the written permission of the director, manager, or
designated park employee unless the activity is specifically allowed by other sections
of this rule:
(a) Dig up, or remove any
sand, soil, rock, historical, or fossil materials;
(b) Place, remove, roll,
or move any stones, logs or other objects that may endanger a person or damage park
resources;
(c) Pick, cut, mutilate,
trim, uproot, or remove any living vegetation;
(d) Harass, disturb, pursue,
injure or kill wildlife; or
(e) Introduce or release
animals onto the park property.
(3) A person may remove small
quantities of natural materials from a park property for personal use without written
permission of the department, but only if done in accordance with the following
provisions:
(a) Collection is done at
a park property or portion of a park property at which the department has not specifically
prohibited the removal of natural products either by location or time of year through
the posting of signs, publishing of maps or brochures, or indicating on the state
park website; and
(b) Collection is for souvenirs
that may serve as a reminder of a person’s park visit and includes only a
small quantity of agates and other rocks, driftwood, or similar non-living items
collected for non-commercial, personal use.
(4) Notwithstanding section
(2) or (3), a person must comply with existing state and federal rules and regulations
concerning mining or the protection of public archeological features or artifacts
on state and federal lands.
(5) Unless otherwise posted
a person may gather for personal consumption berries, fruits, mushrooms, or similar
edibles in quantities not to exceed five gallons per person per day.
(6) A person may not uproot
living plants or collect roots, tubers, flowers, and stems except with written permission
of the park manager or designated park employee and only for scientific collection
or research purposes, or by a member of a federally recognized Oregon tribe for
personal consumption as part of their traditional religious, medicinal, or other
customary cultural heritage practices. Driftwood may be taken in small amounts in
accordance with OAR 736-026-0010.
(7) A person may only give
or offer food items to wildlife within a park property when authorized by the park
manager.
(8) A person or handler may
only hunt, pursue, trap, kill, injure, molest, or remove any wildlife or disturb
their habitats within a park property under the following provisions:
(a) In those park properties
where hunting and trapping is specifically allowed by this rule, but only in compliance
with the rules and regulations of the Oregon Department of Fish and Wildlife.
(b) In those park areas where
hunting is allowed, dogs being used for hunting game birds or unprotected wildlife
or being trained for hunting or tracking shall be in the handler's control at all
times.
(c) While seasonally hunting
waterfowl at the following park properties:
(A) Bowers Rock State Park;
(B) That portion of Elijah
Bristow State Park located north of the main channel of the Middle Fork of the Willamette
River;
(C) Portions of Fort Stevens
State Park adjacent to Trestle Bay as posted;
(D) That portion of Willamette
Mission State Park located on Grand Island in Yamhill County;
(E) That portion of Government
Island State Recreation Area including the perimeter of both Government and Lemon
Islands, not above the mean high water mark as posted;
(F) That portion of Rooster
Rock State Park which includes Sand Island as well as the bank which runs parallel
to the south of the island, except during the special waterfowl hunting season which
starts in September, as posted;
(G) That portion of Benson
State Recreation Area at Dalton Point, north of I-84, starting 300' east of the
boat ramp running to the eastern most tip of the property at river mile 134 as posted;
(H) That portion of Starvation
Creek State Park, north of I-84, river mile 159.6 to 160.2 as posted;
(I) That portion of Mayer
State Park including the entire Salisbury Slough area and the pond 800' Northwest
of the boat ramp as posted.
(d) Seasonal hunting of game
wildlife is allowed within Deschutes River State Recreational Area south of the
stream gauge cable crossing line and parallel extensions of the cable crossing line
to the east and west park boundaries.
(e) Seasonal hunting of deer
is allowed in portions of La Pine State Recreation Area north of the east-west power
line road, approximately one mile north of the campground booth.
(f) Seasonal hunting of game
wildlife and upland game birds is allowed on department property at Cottonwood Canyon
State Park except:
(A) Hunting is not allowed
within the 200 yard area surrounding the boat launch at the J.S. Burres site at
Cottonwood Bridge, and
(B) Hunting is not allowed
in any area closed by the director or designee for public safety or park resource
protection purposes. The department will post such closures at designated park entrances.
(g) Seasonal hunting of upland
game birds is allowed in Succor Creek State Park, except within 500 feet of camping
areas located near the Succor Creek Bridge and posted Safety Zones.
(h) Trapping is allowed only
by special permit from the department in Bowers Rock State Park, Deschutes State
Recreation Area, Elijah Bristow State Park, and Willamette Mission State Park.
(i) Hunting is allowed with
shotguns or bows and arrows only, during authorized seasons in all Willamette River
Greenway Corridor parcels, except in those parcels described below, where all hunting
is prohibited:
(A) Wapato Access (Virginia
Lake), River Mile 17.0–18.0, Multnomah Channel, Right bank when facing downstream;
(B) Crown Zellerbach, River
Mile 21.3, Main Channel, Left Bank when facing downstream;
(C) Merrell (Mary S. Young
State Park), River Mile 23.6, Main Channel, Left Bank when facing downstream;
(D) Willamette Shores, Inc.
(Mary S. Young State Park), Main Channel, River Mile 24.0, Main Channel, Left Bank
when facing downstream;
(E) Meldrum Bar Park (City
of Gladstone) River Mile 24.2–24.4, Main Channel, Right Bank when facing downstream;
(F) Hattan-Fisher, River
Mile 24.3, Main Channel, Left Bank when facing downstream;
(G) Dahl Park (City of Gladstone)
River Mile 24.7, Main Channel, Right Bank when facing downstream;
(H) Coalca Landing, River
Mile 30.7, Main Channel, Right Bank when facing downstream;
(I) Lang, River Mile 30.7,
Main Channel, Left Bank when facing downstream;
(J) Pete's Mountain Landing,
River Mile 30.8, Main Channel, Left Bank when facing downstream;
(K) Peach Cove Landing, River
Mile 31.5, Main Channel, Left Bank when facing downstream;
(L) Brandborg, River Mile
32.0, Main Channel, Left Bank when facing downstream;
(M) Asche, River Mile 34.1,
Main Channel, Left Bank when facing downstream;
(N) Molalla River State Park,
River mile 34.6–36.1, Main Channel, Right Bank when facing downstream NOTE:
hunting is not allowed along the Molalla River within the park property.
(O) Willamette Meridian Landing,
River Mile 37, Main Channel, Left Bank when facing downstream;
(P) French Prairie Access,
River Mile 41.0, Main Channel, Right Bank when facing downstream;
(Q) Parrett Mountain Access,
River Mile 45.5–46.0, Main Channel, Left Bank when facing downstream;
(R) Hess Creek Landing, River
Mile 53, Main Channel, Left Bank when facing downstream;
(S) Lincoln Access, River
Mile 76.2–77.0, Main Channel, Left Bank when facing downstream;
(T) Lincoln Access (Doak's
Ferry) River Mile 77.6, Main Channel, Left Bank when facing downstream;
(U) Darrow Rocks Access,
River Mile 78.1, Main Channel, Left Bank when facing downstream;
(V) Ross Island Sand &
Gravel (Salem Waterfront), River Mile 82.8, Main Channel, Right Bank when facing
downstream;
(W) Hall's Ferry Access,
River Mile 91.3, Main Channel, Right Bank when facing downstream;
(X) Springfill Access, River
Mile 113.8, Main Channel, Left Bank when facing downstream;
(Y) Takenah Landing (City
of Albany), River Mile 118.5, Main Channel, Left Bank when facing downstream (Closed
only for 500 feet west of parking area);
(Z) Jasper Bridge, River
Mile 195.2, Middle Fork, Right Bank when facing downstream;
(AA) Minshall, Eller, River
Mile 119.9, Main Channel, Left Bank when facing downstream;
(BB) Jones, Lanham, River
Mile 120.1, Main Channel, Left Bank when facing downstream;
(CC) F. Schmidt, P. Schmidt,
River Mile 120.3, Main Channel, Left Bank when facing downstream;
(DD) Browns Landing, River
Mile 167.25, Main Channel, Left Bank when facing downstream;
(EE) Truax Island Access,
River Mile 168.7, Main Channel, Left Bank when facing downstream (closed only for
500 feet west of parking area);
(FF) Marshall Island Access
(Banton), River Mile 168.7, Main Channel, Left Bank when facing downstream;
(GG) Log Jam Access, River
Mile 194.4–194.8, Middle Fork, Left Bank when facing downstream;
(HH) Pengra Access, River
Mile 195.2, Middle Fork, Right Bank when facing downstream;
(II) Cougar Mountain Access,
River Mile 15.5, Coast Fork, Right Bank when facing downstream; and
(JJ) Lynx Hollow Access,
River Mile 16.5, Coast Fork, Left Bank when facing downstream;
(j) Trapping is allowed only
with written authorization from the department in the Willamette River Greenway
Corridor parcels closed to hunting, as listed above. Trapping is allowed in all
other Willamette River Greenway Corridor parcels.
(k) When hunting on those
properties allowed by this rule hunters may not erect structures or blinds with
the exception of portable blinds and tree stands that must be removed daily.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
498.002 & 498.006
Hist.: 1 OTC 2-1980, f. &
ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 10-1991, f. & cert. ef. 6-18-91;
Renumbered from 736-015-0065, 736-015-0072, 736-015-0080, 736-015-0090, 736-015-0095,
736-015-0100, 736-015-0130, 736-015-0135, 736-015-0150 & 736-015-0160, PRD 4-2005,
f. & cert. ef. 5-5-05; PRD 11-2008, f. & cert. ef. 12-15-08; PRD 11-2009,
f. & cert. ef. 6-18-09; PRD 2-2010(Temp), f. & cert. ef. 2-3-10 thru
7-30-10; PRD 7-2010, f. & cert. ef. 6-15-10; PRD 10-2010, f. & cert. ef.
10-13-10; PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0060
Alcoholic Beverages
(1) A person under 21 years of age may
not possess or use alcoholic beverage(s) at any park property.
(2) A person may only possess
or use alcoholic beverages in the following areas with written permission from the
park manager:
(a) That portion of Dabney
State Recreation Area downstream from the Stark Street bridge;
(b) Lewis and Clark State
Recreation Site between the east bank river frontage road and the Sandy River from
I-84 upstream to the park boundary;
(c) TouVelle State Recreation
Site;
(d) Tumalo State Park day
use area;
(e) Bonnie Lure State Recreation
Area;
(f) Warm Springs boat launch
access, Deschutes River, Jefferson County;
(g) Iwetemlaykin State Heritage
Site;
(h) State Capitol State Park;
(i) Cline Falls State Scenic
Viewpoint; and
(j) Other park properties
as signed.
(3) A person may not use
an Oregon Liquor Control Commission licensed server to dispense any alcoholic beverage
including malt beverages from kegs without a permit from the park manager.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 34(Temp), f. & ef. 8-7-74; 1 OTC 39, f. 10-1-74;
1 OTC 40, f. 11-1-74; OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef.
8-25-75; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 11-1986,
f. & ef. 7-9-86; PR 1-1990, f. & cert. ef. 5-14-90; PR 4-1990(Temp), f.
& cert. ef. 8-1-90; PR 4-1991, f. 4-30-91, cert. ef. 5-13-91PR 16-1992, f. &
cert. ef. 12-1-92; PR 8-1996, f. 8-14-96, cert. ef. 8-15-96; Renumbered from 736-015-0058,
736-015-0063, 736-015-0070, 736-015-0097, 736-015-0144, 736-015-0146 & 736-015-0148,
PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2012, f. & cert. ef. 11-16-12;
PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0065
Rooster Rock State Park —
Nudity
(1) A person of post-pubescent age or
over 12 years of age is prohibited from engaging in nudity, as defined in ORS 167.060,
in any part of the park property west of the established boundary running north
and south 100 yards east of the easternmost beach access stairway and east above
the approximate high water mark of the Columbia River in Rooster Rock State Park.
(2) Section (1) applies only
where the person engaging in nudity is in public view. Section (1) does not apply
to nudity in a public bathhouse, lavatory, or within tents, campers or other enclosures
which are screened so that the nudity cannot be viewed by the public.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
Hist.: 1 OTC 17, f. 12-20-73;
1 OTC 23, f. 2-19-74; 1 OTC 34(Temp), f. & ef. 8-7-74; 1 OTC 39, f. 10-1-74;
1 OTC 40, f. 11-1-74; OTC 56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef.
8-25-75; 1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 11-1986,
f. & ef. 7-9-86; PR 1-1990, f. & cert. ef. 5-14-90; PR 4-1990(Temp), f.
& cert. ef. 8-1-90; PR 4-1991, f. 4-30-91, cert. ef. 5-13-91PR 16-1992, f. &
cert. ef. 12-1-92; PR 8-1996, f. 8-14-96, cert. ef. 8-15-96; Renumbered from 736-015-0110,
PRD 4-2005, f. & cert. ef. 5-5-05; PRD 2-2013, f. & cert. ef. 7-19-13
736-010-0066
State Capitol State Park — Recognitions and Honorary Features
(1) Purpose. The purpose of this rule is to provide guidance for honoring individuals, groups, or events that are of exceptional significance to Oregon or to the history of the nation, while respecting existing features and aesthetics of the State Capitol State Park and the Capitol Mall area, as well as the values of Oregonians, in general.
(2) Recognitions and honorary features may include installations of plantings, traditional park amenities, or features that are consistent with the department’s State Capitol State Park Comprehensive Plan.
(3) Application and Approval Process.
(a) Persons interested in sponsoring recognitions or honorary feature shall make application to the director in a manner prescribed by the department.
(b) The application shall indicate how the proposal meets the criteria listed in section (4).
(c) The department will review and evaluate the application and coordinate with the applicant to obtain any additional information that the department may require to adequately review the proposal.
(d) The director shall determine whether the department deems a proposal significant or minor, taking into consideration the design, size, scope, location, construction process, and infrastructure needs of the proposal.
(e) The department will appoint a department liaison to the applicant for significant proposals. The liaison will assist the applicant with preliminary design and the review process.
(f) The application shall provide an identified estimate of costs and funding sources for design, construction, regular maintenance, and repair of the proposed feature.
(g) For significant proposals, the Assistant Director, Heritage Programs will convene a review committee that may be comprised of a representative of the State Capitol Foundation, Governor’s Office, Legislative Administrative Committee, Capitol Planning Commission, City of Salem, a citizen at large, and at least one representative of an agency whose offices are located on the Capitol Mall. The review committee shall provide an opportunity to consider input from the public. It will review significant proposals to assess their compliance with criteria and objectives prescribed in this rule and make a recommendation to the director for further action that may include suggestions for changes to the design or location.
(h) Upon receiving a positive recommendation from the review committee, the director will present the proposal to the State Parks and Recreation Commission for consideration and possible approval.
(i) The department accepts no responsibility for any expenditure incurred by the applicant prior to approval by the Commission or subsequently. Construction or installation may not begin until the Commission grants approval and the applicant has obtained all necessary state and local permits.
(j) For minor proposals to place recognitions or honorary features consisting of small plantings, benches and other small installations that are consistent with the State Capitol State Park Comprehensive Plan, the director may consider and approve or deny such requests without further review or approval.
(4) Criteria for Recognitions and Honorary Features.
(a) The subject of the recognition shall be widely known and appreciated for great contributions and significance to the state of Oregon, the history of the nation, or both;
(b) The subject of the recognition, if a person, shall have been deceased for at least ten years, and if an event, shall have occurred at least ten years prior;
(c) The proposed feature shall enhance the aesthetics of the park and shall be consistent with the adopted State Capitol State Park Comprehensive Plan;
(d) The proposed feature shall not:
(A) Be located in the open, grassy areas of the Central Mall and Willson Park ovals;
(B) Disturb major trees and plantings;
(C) interfere with traffic flows or sightlines; or
(D) Disturb other installations and structures;
(e) There shall be demonstrated, statewide, public support for the recognition or honorary feature;
(f) There shall be specific, valid reasons why other venues, that have been carefully explored, were not a suitable alternative location.
(g) The proposed feature shall not create unmitigated or significant additional liability; repair and maintenance cost; or safety and security concern, for the department;
(5) Costs. All expenses for design, fabrication, and installation shall be borne by the applicant. The department shall assist the applicant to determine the requirements for installation. Prior to installation, the applicant shall provide for deposit in the Recognition and Honorary Feature Maintenance Trust Fund an amount equal to 15 percent of the project replacement value to be expended for maintenance and repair of recognitions and honorary features in the State Capitol State Park.
(6) Design Approval and Installation.
(a) The department must approve the final design of the project. The proposed feature must meet all applicable codes and standards.
(b) For projects constructed and installed by the applicant, the department will assign a project manager to provide construction inspection and oversight. The applicant is responsible for acquiring all necessary permits prior to construction.
(c) For projects constructed and installed by the department on behalf of the applicant, the applicant shall reimburse the department for the costs of bid preparation, contracting services, permits, construction inspection and project management oversight.
(d) The applicant shall remain responsible and liable for the project until it is accepted in writing by the department.
(7) Recognitions and honorary features shall become the sole property of the department.
(8) The department shall maintain a registry of existing and future recognitions and honorary features in the agency’s asset records.
(9) Maintenance.
(a) The department shall establish a Recognition and Honorary Feature Trust Fund from funds provided by applicants and donations. The fund shall be used to defray the costs of maintenance and repair of recognitions and honorary features in the State Capitol State Park.
(b) The department may relocate or remove existing recognitions or honorary features, if determined necessary. The department will consult a review committee prior to relocation or removal.
(c) If living recognitions or honorary features such as trees or plantings die, are damaged, or present a hazard to the public or adjacent buildings or structures, the department may remove or replace them at its discretion. If plaques or recognition items are associated with the removed trees or plantings, they will be offered first if possible to the family of the individual recognized, or secondarily, to the State Capitol Foundation for archiving.
Stat. Auth.: ORS 390.050, 390.121 & 390.124

Stats. Implemented: ORS 390.111

Hist.: PRD 1-2011, f. 2-14-11, cert. ef. 2-15-11
736-010-0070 [Renumbered to 736-010-0040]
736-010-0098 [Renumbered to 736-015-0010]
736-010-0099 [Renumbered to 736-015-0015]
736-010-0100 [Renumbered to 736-015-0020]
736-010-0115 [Renumbered to 736-015-0026]
736-010-0120 [Renumbered to 736-015-0035]
736-010-0125 [Renumbered to 736-015-0040]

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