Or. Admin. Code § 736-010-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

(a) The duration of an exclusion is based on severity of the state park rule violation. In determining the duration of the exclusion, the park manager or a department enforcement officer will consider whether the violation:

(A) affected:

(i) Visitor or staff safety;

(ii) Park resources, as defined in OAR 736-010-0015(17); and

(iii) Park operations; or

(B) involved:

(i) Repeat violation of any state park rule, or

(ii) Bias crime as provided in section (11) and ORS 390.997.

(b) The enforcement officer shall issue a written exclusion notice. An enforcement officer that is not a peace officer may request the assistance of a peace officer and mental health practitioner or other agency in delivery of an exclusion.

(c) Exclusion notices shall contain, at a minimum:

(A) The date of the issuance;

(B) Effective dates of exclusion;

(C) Each state park rule violation involved in the exclusion;

(D) Notice of consequences of possible criminal trespass should the person fail to comply with the exclusion as provided in section (12)(b);

(E) State park property or properties, as defined in OAR 736-010-0015(14), that the person is expelled from throughout the duration of the exclusion; and

(F) The procedure for filing an appeal of the exclusion.

(d) The duration of exclusion determined under subsection (a) shall be based on the rule violation following the agency exclusion schedule described below:

(A) Level 1 exclusions may be issued for violations with minimal visitor impact or park resource damage. Level 1 exclusions are issued for park resource damage that results in a temporary closure of an area, site or facility, repeat violations when other enforcement tools have been used or when the enforcement officer deems other enforcement tools will not generate compliance.

(B) Level 2 exclusions may be issued for increased visitor impact or park resource damage valued at less than $1,000 including behavior that results in a park area closure or repair taking up to three months or behavior that is intimidating, verbally abusive or hostile.

(C) Level 3 exclusions may be issued for violations with serious visitor impact or park resource damage valued at less than $3,000 including behavior that results in closure or repair taking up to six months or repeated violations which result in unsafe conditions for staff or park visitors.

(D) Level 4 exclusions may be issued for violations with significant visitor impact or park resource damage valued at over $3,000 including behavior that may result in closure of entire park for safety. Level 4 exclusions may include fighting, promoting, or encouraging fighting, or harassing park employees in the performance of their duties.

(E) Level 5 exclusions may be issued for violations which result in closure of entire park properties for safety or result in irreplaceable park damage. Committing or attempting to commit acts of violence to park staff or visitors may result in a level 5 exclusion.

(F) Level 6 exclusions may be issued for repeat violations during or after the exclusion of a level 5 exclusion.

(G) Exclusions issued under section (11) for conviction of bias crimes pursuant to ORS 390.997 are outside the scope of this exclusion matrix.

(H) Level 1 exclusions are issued for up to 30 days within a geographic area of a park property, management unit, county, or district requiring Park Manager approval. Park Manager may delegate approval authority to enforcement officer.

(I) Level 2 exclusions are issued for 31-90 days within a geographic area of a park property, management unit, county, or district and requires a Park Manager approval. Park Manager may delegate approval authority to enforcement officer.

(J) Level 3 exclusions are issued for 91-180 days within a geographic area of a management unit, county, district, or region, and requires District Manager approval.

(K) Level 4 exclusions may be issued for 181 days to 1 year within a geographic area of a district, region or statewide and requires both District Manager and Region Director approval.

(L) Level 5 exclusions are issued for 366 days to five years within a geographic area of a region or statewide and requires Deputy Director approval.

(M) Level 6 exclusions are issued for five years and above within a geographic area of a region or statewide and requires Deputy Director approval.

(N) Enforcement officers will determine the level of exclusion based on the totality of the situation. An individual with multiple past exclusions may result in a higher level or longer exclusion time frame.

(O) If additional information is presented after an initial exclusion is written, the enforcement officer may reevaluate the exclusion level. This may result in a reissuance at a different level or a rescind.

(e) A person subject to an exclusion pursuant to this section may appeal the exclusion to the agency on the agency website, by mail, phone or email.

(f) To be valid, an appeal submitted under subsection (e) must include:

(A) a statement for the basis of appeal; and

(B) the exclusion notice number; and

(C) Contact information of person requesting the appeal, including email, phone number, or mailing address.

(g) If any information in paragraphs (f)(A)-(C) is missing, the department will not begin the appeal process until the information is complete.

(h) An agency review panel shall review valid appeal requests submitted under subsection (e). The agency review panel shall determine whether the exclusion is substantiated or unsubstantiated based on rule violation and the evidence provided. The agency shall formally respond within 30 calendar days of the appeal request.

(A) An appeal request for an exclusion up through 180 days shall be reviewed by an agency review panel within the local area.

(B) An appeal request for an exclusion for more than 180 days shall be reviewed by an agency review panel convened by the Directors office.

(C) The individual may request an in-person or online review during the appeal process.

(i) During the duration of an appeal, an exclusion:

(A) Shall remain in effect for:

(i) Voluntary conduct or acts that are detrimental to visitor or staff safety; park visitor experience or action of serious or significant damage to park resources park operations; or any combination thereof; and

(ii) Unless the exclusion period expires during the appeal process;

(B) May be suspended upon request at the time of appeal for:

(i) Conduct that is expressive or communicative, including activity such as picketing, demonstrating, leafletting, or delivering a speech, and

(ii) Conduct that is involuntary or unavoidable.

(8) A peace officer may seek compliance from the public with any state park rule, may order a person who violates one or more state park rules to leave a park property, and may assist in delivery of an exclusion notice under section (7).

(9) A peace officer may order a park visitor to leave for up to 72 hours who violates any state park rule; federal, state, county, or city law; or court order from a park property or multiple park properties.

(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 as provided in section (7).

(11) When notified by the court of a person subject to an exclusion from park property pursuant to ORS 390.997 the director will issue an exclusion in writing via certified mail to the individual.

(a) Individuals convicted of ORS 166.155 will be excluded for up to one year after conviction.

(b) Individuals convicted of ORS 166.165 or repeat offenders will be excluded for up to five years after conviction.

(c) Exclusions issued under this section do not apply to the grounds of the State Capitol State Park.

(d) The director or designee may waive an exclusion while a person is performing community service at a park property.

(e) The director may revoke a person's exclusion after their successful completion of court-approved community service.

(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.

Or. Admin. Code § 736-010-0020

1 OTC 17, f. & cert. ef. 12-20-73; 1 OTC 23, f. & cert. ef. 2-19-74; 1 OTC 56(Temp), f. & cert. 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. & cert. 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; PRD 9-2021, amend filed 11/19/2021, effective 1/1/2022; PRD 2-2022, minor correction filed 03/23/2022, effective 3/23/2022; PRD 3-2024, amend filed 02/28/2024, effective 2/28/2024

Statutory/Other Authority: ORS 390.050, 390.121 & 390.124

Statutes/Other Implemented: ORS 390.124