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Draft General Park Area Rules -- Division 10

Selected DRAFT proposed Division 10

Below are draft rules that are being developed.  OPRD is in the beginning stages of seeking feedback on proposed changes to the rules.  
If you have ideas or suggestions to improve park area rules please email oprd.publiccomment@oregon.gov or call Katie Gauthier at 503-510-9678 or Jami Starr at 503-969-9940.

The current adopted rules are available on our rule website.

DRAFT GENERAL PARK AREA RULES

Sections with enlarged text and brackets around portions of the text represent major proposed changes in rule.

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 nights in a 30-night span per park property].
(b) The maximum length of stay for hiker/biker/boater sites is [two nights in a seven-night period per park property].

(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 communicated 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 or group of park properties.
(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) Peace officers may cite under the following situations for 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.

736-010-0025
Motor Vehicles

(1) Violation of this rule is a class B violation, unless park resources are damaged resulting in a Class A violation.
(2) All park area roadways are considered public highways and all provisions of the Oregon Vehicle Code, ORS chapters 801 to 826 are applicable and enforceable on such highways.
(3) Motorists must comply with motor vehicle regulatory signs posted on park properties.
(4) 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.
(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. 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) Maintenance or repair of vehicles is prohibited on park property without manager approval.]

(11) 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.
(12) 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.

[(13) The park manager or a park employee designated by the manager will allow the use of ride on children’s electric cars, motorized scooters, hoverboards and similar motorized devices, 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 may only be utilized with manager or designated employee approval. In determining if the device is being operated in an unsafe 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 device in the specific facility or area; and
(e) Whether the use of the 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.]

736-010-0026
Operator-Propelled Vehicles, Cycles or Similar Devices

(1) Violation of this rule is a Class D violation, unless park resources are damaged resulting in a Class A violation.
(2) A person operating a bicycle, electric assisted 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, [unless wearing the headgear would violate a religious belief or practice of the person.]

(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.
(3) 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.
(4) A person may only operate an electric assisted bicycle on roads and trails eight feet or wider unless otherwise posted.
(5) A Park Manager may open or close roads and trails to the operation of non-motorized cycles, electric assisted bicycles 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.
(6) A person may not operate non-motorized cycles, electric assisted bicycles, 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.
(7) 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.

736-010-0027
Boats and Moorages

(1) Violations to this rule are a Class D violation, unless park resources are damaged resulting in a Class A violation.
(2) The park manager may post restrictions or prohibitions on the use of boats 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 boat, removed at the owner's expense. The department is not responsible for any loss or damage to possessions or boats.
(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) Boats are prohibited from entering established swimming areas except for the protection or rescue of human life.
(9) The department may have a boat towed at the owner's expense if a boat is abandoned or left unattended for 72 hours or more at a park property without permission from the park manager.   

736-010-0030
Domestic Animals

(1) Violations to this rule are a Class D violation, unless park resources are damaged resulting in a Class A violation.
(2) 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) In designated off leash areas, handlers shall carry a leash or restraining device at all times while and must promptly leash animals at the request or order of a park employee.
(4) Handlers must prevent their animals from harassing, injuring or intimidating people, wildlife, and other animals.
(5) 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) Designated swim areas and their adjacent beaches.
(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.

736-010-0040
Visitor Conduct

 (1) Violations to this rule are a Class D violation, unless otherwise specified below or park resources are damaged resulting in a Class A violation.  Peace officers may cite for criminal trespass in the second degree, a Class C misdemeanor, per ORS 164.245.
(2) 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 gas or charcoal stoves used at established campsites, picnic areas, or beach areas where fires are designated as permissible.
(3) A person who has caused, built, maintained or accelerate 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) Fires may be no larger than three feet by three feet by three feet in dimension. A person may apply for a special use permit under division 16 for larger fires.
(d) Attend the fire at all times, breaking it apart and extinguishing it completely with water before leaving the immediate area;
(e) Use no gasoline, diesel or any other petroleum-based products outside of camp stoves to start or maintain a fire; and
(f) Ensure that any fire that they set does not cause personal injury or damage to private property or park resources.
(4) 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. Failure to follow restrictions is class A violation.
(5) 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.
(6) When available, a person must stay on designated trail and may not damage park resources by going off trail or creating unauthorized trails.
(7) A person shall in no manner cause any rubbish, garbage, refuse, organic or inorganic waste, animals, animal parts, 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.
(8) A person may not remove items from containers designated for recyclables, garbage, sewage or waste without authorization of the park manager.
(9) 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.
(10) 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 or wildlife except as allowed in section 12 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 A violation or cited by peace officers 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 A violation or could be cited by peace officers 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 A violation or could be cited by peace officers as a Class C misdemeanor pursuant to ORS 164.245;

(i)[Harassing], fighting; or promoting, instigating or encouraging fighting or similar violent conduct which would threaten the well-being of any person at the park property;

(j) Smoking or vaping except:
(A) In contained vehicles and personal camping units where allowed 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;
(m) Take-off or landing base-jumping, hang gliding, paragliding or similar activities without a special use permit
(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(8);
(o) Placing a sign, memorial, marker or inscription of any kind, except in designated areas within a park property, without written permission from the park manager;
(11) 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.
(12) 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, [outside average recreational use for a park property] or 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;
(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.
(13) 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.
(14) All money or goods, having a value of $250 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.
(15) A Park Manager 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 A violation or could be cited by peace officers with a Class C misdemeanor as provided in section (8)(f).
(16) A Park Manager 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 commits a Class A violation or could be cited by peace officers with a Class C misdemeanor as provided in section (8)(f).
(17) 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.

736-010-0050
Overnight Use

(1) Violations to this rule are a Class D violation, unless otherwise specified below or park resources are damaged resulting in a Class A violation.  
(2) 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.
(3) A person must comply with seasons, overnight lengths of stay, and camper checkout times as provided in OAR 736-010-0020.
(4) Overnight facilities shall be occupied only by persons camping and allowed visitors who have paid fees for use of overnight facilities as established and required in OAR chapter 736, division 15.
(5) 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.
(6) 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.
(7) A maximum of eight individuals may occupy one campsite unless otherwise specified by the park manager.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) The registered camper shall be responsible for the activities of all users of the site.
(13) 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.

736-010-0055
Park Resources

(1) Violations to this rule are a Class D violation, unless otherwise specified below or park resources are damaged resulting in a Class A violation.  
(2) 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.
(3) A visitor may only conduct the following activities with the written permission of 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 or downed vegetation;
(d) Harass, disturb, pursue, injure or kill wildlife; or
(e) Introduce or release animals onto a park property.
(4) A person may remove small quantities of natural products from park properties for personal use without a permit as provided in subsections (a) and (b). However, the department may restrict removal of natural products to specific park properties or areas of park properties, by quantities of material, and by time of year.
(a) Collection is for souvenirs 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 (3) or (4), 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 [one gallon 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.
(7) A person may only give or offer food items to wildlife within a park property when authorized by the park manager.

736-010-0015
Definitions

As used in this division, unless the context requires otherwise:
(1) “Boat” means all watercraft as defined in ORS 830.005 (2).
(2) “Camping” means the erecting of a tent or shelter, preparing bedding for use, parking of a motor vehicle, RV or other similar equipment or mooring of a vessel for the apparent purpose of overnight occupancy.
(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) “Criminal Trespass” means the crime of remaining, or unlawfully re-entering a park property during the period of time in which a violator has been ordered to leave, or excluded.  Criminal Trespass in the Second degree, ORS 164.245 is a class C Misdemeanor, citable only by law enforcement.
(5) "Commission" means the Oregon State Parks and Recreation Commission.
(6) “Dawn” means 30 minutes prior to sunrise as calculated by the National Oceanic and Atmospheric Administration.
(7) “Day Use” means those activities which are authorized to occur in an area between Dawn and Dusk.
(8) “Day Use Area” is a park property or portion of a park property that the department has designated for day use only.
(9) "Department" means the Oregon State Parks and Recreation Department.
(10) “Designate”– administratively assign and approve for a specific status or activity.   
(11) "Director" means the department director.
(12) "District Manager" means the immediate supervisor of park managers within a specified geographic region of the state.
 (13) “Domestic Animals” means an animal, other than livestock or equines, that is owned or possessed by a person.
 (14) “Dusk” means 30 minutes after sunset as calculated by the National Oceanic and Atmospheric Administration.
(15) "Electric assisted bicycle" means vehicle defined under ORS 801.258.43uy77
(16) "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.
(17) “Exclusion” means the administrative action that prohibits a violator from entering a specific park property, or properties for a specific period of time of one month or more. The violator may appeal the exclusion.
(18) “Handler” means any person who either brings a domestic animal into a park property or keeps a domestic animal at a park property.
(19) “Highway” means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right, as describe in ORS 801.305.
 (20) “Livestock” means birds, avians, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl and any fur-bearing animal bred and maintained commercially or otherwise, within pens, cages and hutches.
(21) “Motor Vehicle” means a vehicle that is self-propelled or designed for self-propulsion.
(22) “Order to Leave” means the administrative action that orders a violator to leave a specific park property, or properties for up to 72 hours (3 nights).
(23) “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.
(24) “Overnight facility” means everything within the campground including showers, campsites, cabins, yurts, parking areas associated with camping and other facilities for use by overnight visitors.
(24) "Park Property" means any state park, natural area, greenway, wayside, corridor, scenic area, monument, historic structure or area, trail, or recreation area under the jurisdiction of the department.
(25) "Park Employee" means an employee of the department while on duty.
(26) "Park Manager" means the supervisor or designated employee in charge of a park property.
(27) "Park Resource" means any natural feature, wildlife, vegetation, water, cultural artifact, archaeological remains, or human-made structure or feature of a park area.
(28) "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.
(29) "Person" includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality, or a non-profit entity.
(30) “Public” includes all persons visiting or intending to visit a park property that are not park employees.
(31) “Public Indecency” has the meaning defined in ORS 163.465.
(32) “RV” means motor vehicles or trailer with living areas intending for temporary sleeping includes vehicles converted to serve this purpose.
(33) “Service Animal” means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. 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.
(34) “State Park Rules” mean the rules, regulations, restrictions, prohibitions, or limitations established by this division for the use or protection of park properties.
(35) “State Park Website” means the internet resource with the host name http://www.oregonstateparks.org and its associated links.
(36) "Violate" includes failure to comply.
(37) “Violator” means a person or visitor who violates any state park rule, federal, state, county, or city law; or court order while on state park property.(38) “Visitor” means any member of the public who arrives at or is present at a park property.
(39) “Wildlife” means fish, shellfish, amphibians and reptiles, feral swine, wild birds and other wild mammals.
(40) “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.