justicedao/ipfs_state_laws huggingface dataset:
736-021-0040 General Regulations (1) The director, by written agreement, may cooperatively exercise jurisdiction and authority over the ocean shore state recreation area with a county, city, or political subdivision thereof for the purposes of enforcing this division and applicable state, county or city laws. Local government regulations pertaining to the ocean shore state recreation area are provided in division 30. (2) A park employee may seek compliance from the public with any ocean shore state recreation area rules. (A person may not obstruct, harass or interfere with a park employee’s official duties, including enforcing ocean shore state recreation area rules. (3) A park manager or designated park employee may order any person who violates any ocean shore state recreation area rule to leave an ocean shore area. (4) A park manager or an enforcement officer may exclude a person who violates any ocean shore state recreation area rule from the ocean shore area for a specified period of time as provided in OAR 736-010-0020(7). (5) A peace officer, pursuant to a written agreement with the department, may seek compliance from the public with any ocean shore state recreation area rule and may order a person who violates one or more rules to leave the ocean shore area. (6) A peace officer, pursuant to a written agreement with the department, may exclude a person who violates one or more of the following from an ocean shore state recreation area for a specified period of time: (a) Ocean shore state recreation area rule; (b) Federal, state, county, or city law; or (c) Court order. (7) The department may take action to protect ocean shore resources, to protect public health and safety, to provide security, to avoid user conflicts, or for other reasons deemed necessary. These actions include but are not limited to the following: (a) Allowing by permit or limiting specific activities or uses in designated portions of the ocean shore state recreation area; (b) Designating locations within the ocean shore state recreation area for specific uses, to avoid conflicts between users; (c) Restricting access to or closing all or a portion of the ocean shore state recreation area; or (d) Temporarily excluding a person from a portion or all ocean shore state recreation area. (8) A person excluded from the ocean shore state recreation area under sections (4), (6 ), or (7) may contest the exclusion notice by filing an appeal as provided in OAR 736-010-0020(7)(e). Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124, 390.635 & 390.660 History: PRD 3-2024, amend filed 02/28/2024, effective 02/28/2024 PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0050 Fines (1) A person that violates any ocean shore state recreation area rule commits a Class A B, C or D violation punishable, upon conviction, by a fine as provided in ORS chapter 153. (2) Each occurrence of an ocean shore state recreation area rule violation is considered a separate offense. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.050 & 390.124 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0065 Operator-Propelled Vehicles, Cycles, Unpowered Aircraft, Sails and Other Similar Devices (1) A person may operate a bicycle; skateboard; scooter; rollerblades or inline skate; or other wheeled; operator-propelled equipment that transports the operator on land, as provided in section (5). (2) A person may operate a wind-powered aircraft or vehicle, such as a land sail, kite-buggy or other similar items on the ocean shore state recreation area as provided in section (5). (3) A person may operate an electric assisted bicycle only on the wet sand on ocean shore state recreation areas, as provided in section (5) except where designated to specifically exclude, prohibit or conditionally restrict such activity as determined by the District Manager, 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. (a) A person shall not operate an electric assisted bicycle at a speed exceeding the posted speed limits for motor vehicles. (b) Operation of electric assisted bicycles is prohibited in dry sand and in areas of sand dune vegetation. (4) The director or designee may open or close ocean shore areas and access points specifically or conditionally to the operation of the vehicles describes in sections (1), (2) or (3), 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. (5) A person operating any vehicle described in sections (1), (2) or (3) on the ocean shore state recreation area must: (a) Observe all posted signs, including the signs that restrict the operation of such vehicles, aircrafts and devices; (b) Restrict speed and operation to reasonable and prudent practice considering the terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other ocean shore state recreation area users, natural resources, and wildlife; and (6) A person operating any vehicle described in sections (1), (2) or (3) on the ocean shore state recreation area may not: (a) Disturb or harass wildlife or other natural resources as provided in OAR 736-021-0090; (b) Access any western snowy plover managed area, during seasonal closures beginning March 15 and ending September 15; or (c) Block access, use, or the safe and uninterrupted passage of others on the ocean shore state recreation area. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390 History: PRD 5-2025, amend filed 04/28/2025, effective 07/01/2025 PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13
736-021-0066 Effective Dates of 2025 Electric-Assisted Bicycle Rulemaking for Division 21 Amendments to OAR 736-021-0030, 736-021-0060 , and 736-021-006 5 adopted at the April 23, 2025 OPRD Commission meeting become effective upon July 1, 2025. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.124 History: PRD 5-2025, adopt filed 04/28/2025, effective 07/01/2025
736-021-0070 Pets and Other Animals (1) Domestic animals, including saddle or pack animals, are allowed in the ocean shore state recreation area except as provided in OAR 736-021-0090, 736-030-0005, 736-030-0010, and as otherwise posted by the department. (2) The handler of any domestic animal must be responsible for the animal's behavior and must exercise direct control over the animal while in the ocean shore state recreation area. (a) “Direct control” means that the animal is within the unobstructed sight of the handler and responds to voice commands or other methods of control. (b) Domestic animal handlers must carry a leash or restraining device at all times while in the ocean shore state recreation area. (c) Domestic animal handlers must promptly leash animals at the request or order of a park employee. (d) Handlers must prevent their animals from harassing people, wildlife and other domestic animals. (e) Animals may not be hitched or confined in a manner that may cause damage to any natural resources on the ocean shore. (f) Handlers are responsible for the removal of the animal's waste while in the ocean shore state recreation area. (3) A park manager, ocean shore natural resource specialist or designated park employee may take any necessary measures to protect ocean shore resources and prevent an animal from interfering with the safety, comfort and well-being of visitors. Such measures may include removing the animal from the area. (4) The department may seize any animal running at large in the ocean shore state recreation area and relinquish the animal to an animal control officer or shelter. (5) A person may bring animals native to the ocean shore state recreation area for release as part of wildlife rehabilitation efforts pursuant to a valid Wildlife Rehabilitation Permit under ORS 635-044-0200 to 635-044-0310. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.635 & 390.660 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0080 Livestock and Farming (1) A person may not harass livestock or interfere with lawfully permitted farming activities or facilities, including fencing. (2) A person may not conduct non-permitted farming activities on the ocean shore state recreation area. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.635 & 390.660 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0100 Visitor Conduct (1) A person may not mutilate, deface, damage, or remove any property, structure or facility of any kind in the ocean shore state recreation area, except as provided in OAR 736-021-0090. (2) A person may not leave any material not found naturally on the ocean shore, including garbage, recyclables, sewage, or waste, on the ocean shore state recreation area. (3) A person may not engage in the following activities on the ocean shore state recreation area: (a) Possessing or using alcoholic beverage(s) if the person is under 21 years of age; (b) Fighting or promoting, instigating or encouraging fighting or similar violent conduct that would threaten the physical well-being of any person; (c) Activities or conduct that constitutes a public nuisance or hazard; or (d) Public indecency as defined in ORS 163.465; (4) A person may only engage in the following activities on the ocean shore state recreation area as authorized in a special use permit that they obtain from the department pursuant to OAR chapter 736, division 16 or written permission from the park manager: (a) Use or operation of any noise or light-producing machine, vehicle, device or instrument in a manner that may disturb persons or wildlife; (b) Possessing, discharging, or causing to be discharged, any firecracker, explosives, torpedoes, rockets, or fireworks or other substances; (c) Using a metal detector or similar device in any property not listed on the “Detecting Allowed” list, published on the department website; (d) Blocking, obstructing or interfering with pedestrian or vehicular traffic; (e) Descending, scaling or technical rock climbing on rock formations and cliffs; (f) Entering or occupying any portion of the ocean shore state recreation area that has been closed to public access, including fenced areas; and (g) Constructing a structure or sign. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.635, 390.655 & 390.660 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0120 Fires (1) A person may have a recreational beach fire in the ocean shore state recreation area under the following conditions: (a) Fires are 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. (b) Fires must be located as follows: (A) In the open sand area; (B) Downwind of any shoreline vegetation and small wood debris or log accumulations; (C) Never in dunes, small wood debris or beach log accumulations; and (D) A minimum of 25 feet away from beach access points, shoreline vegetation, log accumulations and seawalls constructed of wood or other combustible material. (c) Fires must not be left unattended; (d) Fires must not cause damage to facilities or natural resources; (e) Fires may not be covered with sand; and (f) Fires must be extinguished completely with water and be broken apart before its users leave the area. (2) A person may only burn paper products and untreated natural wood free of attached metal, nails, glass or plastic objects. A person may not use gasoline, diesel or any other petroleum-based products to start a fire. (3) Notwithstanding section (1), the department may restrict fires to individual beach areas, or temporarily prohibit fires due to high fire hazard conditions. (4) Beach fires are prohibited in western snowy plover-management areas as provided in OAR 736-021-0090. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 3-1997, f. 11-5-97, cert. ef. 11-10-97 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0130 Commercial Activities and Non-Traditional Activities (1) A person may only engage in a commercial activity or non-traditional park use on the ocean shore state recreation area as authorized in a special use permit that they obtain from the department pursuant to OAR chapter 736, division 16. (2) 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 the ocean shore state recreation area that: (a) Is an organized group activity or event attended by over 50 persons; (b) Uses a portion of the ocean shore state recreation area to the exclusion of other persons or the department; (c) Modifies or embellishes the natural ocean shore state recreation area, or places structures, such as tents, chairs, arches, etc. on the ocean shore state recreation area in a manner outside of normal recreational use, as determined by the department; (d) Uses public-address, amplification or lighting systems, other than those designed for personal use; (e) Charges money for participation or admission, or they sell products or services; (f) Could disturb the natural, cultural, scenic and recreational resources in the ocean shore state recreation area or adjacent areas; (g) Could pose a safety or access concern for other ocean shore state recreation area users or for those involved in the event or activity. (3) A person who obtains a special use permit under OAR 736, division 16 must comply with all the provisions of division 16, special use permit conditions, and with instructions from the department. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.635 & 390.660 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94, Renumbered from 736-021-0000 PR 8-1992, f. & cert. ef. 11-12-92, Renumbered from 736-020-0033 PR 9-1984, f. & cert. ef. 12-12-84
736-021-0140 Signs and Promotional Materials Unless the department authorizes a person to do so within the ocean shore state recreation area under a special use permit as provided in OAR chapter 736, division 16, a person may not place or distribute: (1) Any sign, marker, advertisement, or inscription with the sole purpose of advertising a business or soliciting customers; (2) Any circulars, notices, leaflets, pamphlets, written or printed information, promotional materials, products or other similar items of any kind. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.635 & 390.660 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0150 Lost Articles (1) Under ORS 164.065 and 98.005,a person who finds money or goods with a perceived value of $250 or more at the ocean shore state recreation area must try to find the property’s rightful owner in one of the following ways: (a) By directly following the provisions established in ORS 98.005; or (b) By giving the found property to the department within 10 days of finding it, along with the details of the time and place the property was found. (2) A person who finds money or goods valued at less than $250 in the ocean shore recreation may give the property to the department. (3) Sections (1) and (2) apply to items found by using metal detectors but not to minerals discovered through recreational prospecting. (4) The department may dispose of unclaimed items in the department’s custody in as early as 90 days. (5) The department must have and follow a property disposition process that complies with applicable state laws and ethics standards. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124, 390.635 & 390.660 History: PRD 5-2018, amend filed 04/20/2018, effective 04/20/2018 PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-021-0160 Additional Rules Additional administrative rules may apply to the ocean shore state recreation area, including but not limited to OAR chapter 736, divisions 4, 20, 22, 30 and 80. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.635 & 390.660 History: PRD 1-2013, f. 1-15-13, cert. ef. 2-1-13 PR 9-1994, f. 11-29-94, cert. ef. 12-1-94
736-022-0010 Oregon Shore Provisions for Obtaining Vehicle Permit (1) Permits will be issued only from the offices listed below and only during normal working hours. (2) Permits will be limited to daylight hours only. (3) Permits will be issued for a specific person, vehicle, use and ocean shore area. (4) Permittee must have permit in possession during time of use. (5) Permits are not valid for commercial removal of driftwood. (6) Granting of a permit by the State Parks Director for use of a vehicle on the ocean shore in no way authorizes the permittee to trespass on private property or to remove materials owned or controlled by others. (7) Permittee agrees to hold the State of Oregon, it’s Parks and Recreation Commission, officers, agents and employees harmless for any damages, claims and suits or action in law or in equity arising from any operation under the permit. (8) The State Parks and Recreation Commission may, at its discretion, require a certificate of insurance to cover any claims resulting from the activities of the permittee. (9) Permittee shall not operate the vehicle in a careless manner; while under the influence of intoxicating beverages, narcotics or dangerous drugs; or in excess of 25 MPH, or in excess of a less speed, if so posted. (10) Permit-issuing offices for firewood gathering, elderly and disabled access: (a) Salem — State Parks Headquarters; (b) Astoria/Warrenton — Fort Stevens State Park and State Police; (c) Cannon Beach — City of Cannon Beach Police Department (for city limits only); (d) Tillamook — Region II Parks Office and State Police; (e) Cape Lookout — Cape Lookout State Park; (f) Newport — Beverly Beach State Park; (g) South Beach — South Beach State Park; (h) Florence — Honeyman State Park; (i) Coos Bay — Region III Parks Office and Sunset Bay State Park; (j) Bandon — Bullards Beach State Park; (k) Port Orford — Cape Blanco State Park; (l) Brookings — Harris Beach State Park. (11) Permits-issuing offices for ocean shore activities other than firewood gathering, elderly and disabled access: (a) Columbia River to Lincoln/Lane County line: Region II Parks Office, 3600 E. 3rd Street, Tillamook, OR 97141; (b) Lincoln/Lane County Line to Oregon/ California border: Region III Parks Office, 365 N. 4th Street, Suite A, Coos Bay, OR 97420. Statutory/Other Authority: ORS 183.545 & 390.668 Statutes/Other Implemented: ORS 390.668 History: PR 9-1992, f. & cert. ef. 11-12-92 PR 13-1984, f. & ef. 12-12-84 HC 1283, f. 6-6-72
736-023-0000 Purpose These rules set forth the criteria and procedure by which the Parks and Recreation Department will periodically review the vegetation line established under ORS 390.770 so that the Parts and Recreation Commission may recommend adjustments to that line to the legislature pursuant to ORS 390.755. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.755 History: PR 10-1994, f. 11-29-94, cert. ef. 12-1-94
736-023-0010 Policy The Parks and Recreation Commission will hold paramount the public interest and intent of the 1967 Oregon Beach Law as amended and supplemented to (ORS 390.610 and 390.690) in all evaluation of proposals to change the statutory vegetation line. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.610 History: PR 10-1994, f. 11-29-94, cert. ef. 12-1-94
736-023-0020 Definitions (1) “Department” means the Oregon Parks and Recreation Department. (2) “Commission” means the Oregon Parks and Recreation Commission. (3) “Statutory vegetation line” means that line described according to the Oregon Coordinate System and set forth in ORS 390.770 for the purpose of identifying lands subject to the department's authority to regulate improvements on the ocean shore. The line consists of a series of connected line segments. (4) “Actual vegetation line” means the extreme seaward boundary of natural, non-aquatic vegetation. It is a visible boundary, marking the border between the dry sand beach and the adjoining upland. Seasonal occurrences or isolated patches of vegetation may lie seaward of the actual vegetation line. (5) “Upland” means that area abutting and lying immediately landward of the statutory vegetation line. (6) “Ocean shore” means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as established and described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. “Ocean shore” does not include an estuary as defined in ORS 196.800. (7) “Natural” means wild, uncultivated vegetation whether native or non-native. (8) “Littoral Cell” is defined as a shoreline segment or reach that is bounded in a longshore direction by a physical feature such as a jetty or headland. There are 22 littoral cells on the Oregon coast defined as follows: (a) Columbia River south jetty to Tillamook Head; (b) Tillamook Head to Cape Falcon; (c) Cape Falcon to Cape Meares; (d) Cape Meares to Cape Lookout; (e) Cape Lookout to Cape Kiwanda; (f) Cape Kiwanda to Cascade Head; (g) Cascade Head to Cape Foulweather; (h) Cape Foulweather to Yaquina Head; (i) Yaquina Head to Cape Perpetua; (j) Cape Perpetua to Heceta Head; (k) Heceta Head to Cape Arago; (l) Cape Arago to Coquille Point; (m) Coquille Point to Blacklock Point; (n) Blacklock Point to Cape Blanco; (o) Cape Blanco to Port Orford Heads; (p) Port Orford Heads to Humbug Mountain; (q) Humbug Mountain to Sisters Rocks; (r) Sisters Rocks to Hubbard Mound/Otter Point; (s) Otter Point to Cape Sebastian; (t) Cape Sebastian to Crook Point; (u) Crook Point to Cape Ferrelo; (v) Cape Ferrelo to California border. (9) “Survey(s)” means evidence from aerial and other photographs; engineered examinations, data and other analysis(s). Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.124, 390.755 & 390.605 History: PRD 7-2000, f. & cert. ef. 5-10-00 PR 10-1994, f. 11-29-94, cert. ef. 12-1-94