justicedao/ipfs_state_laws huggingface dataset:
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 A violations, when cited by OPRD enforcement officers. (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; (b) Violations of OAR 736-010-0026(1)(b), failure of persons under 16 years to wear protective headgear, are Class D violations; (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. Statutory/Other Authority: ORS 153 & 390 Statutes/Other Implemented: ORS 153.018, 390.050, 390.111 & 390.990 History: PRD 3-2025, amend filed 03/11/2025, effective 03/12/2025 PRD 2-2013, f. & cert. ef. 7-19-13 PRD 4-2005, f. & cert. ef. 5-5-05 PRD 4-2004, f. 3-15-04 cert. ef. 4-15-04 PRD 1-2004(Temp), f. & cert. ef. 1-15-04 thru 3-31-04 PRD 6-2000, f. & cert. ef. 5-9-00 PRD 2-2000(Temp), f. & cert. ef. 1-14-00 thru 7-12-00 PR 5-1983, f. & cert. ef. 3-30-83
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. (3) Boaters must comply with regulatory signs posted in boat launching, moorage and beach areas. (4) Boaters shall moor or secure their boat in a manner that will not cause personal injury or damage to private property or park resources. (5) Boaters shall vacate moorages by the designated checkout time on the last day of the rental date unless otherwise posted. (6) 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. (7) The park manager may permit or restrict fishing from boat moorage docks. (8) A person may not swim, unless in a designated swim area, or engage in towed water sports or similar activity within 200 feet of boat moorage docks or facilities. (9) Boats are prohibited from entering established swimming areas except for emergency response. (10) 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 written permission from the park manager. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.111, 830.912 & 830.914 History: PRD 3-2025, amend filed 03/11/2025, effective 03/12/2025 PRD 2-2013, f. & cert. ef. 7-19-13 PRD 4-2005, f. & cert. ef. 5-5-05 PR 5-1983, f. & ef. 3-30-83
736-010-0028 Effective Dates of 2025 Electric-Assisted Bicycle Rulemaking for Division 10 Amendments to OAR 736-010-0015 and 736-010-0026, 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
736-010-0035 Livestock and Farming (1) Violations to this rule are a Class D violation, unless park resources are damaged resulting in a Class A violation. (2) A person may not harass livestock or interfere with allowed farming activities or facilities, including fencing, at park properties. (3) A person may conduct farming activities at park properties only with written permission of the park manager or designated park employee. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.111 History: PRD 3-2025, amend filed 03/11/2025, effective 03/12/2025 PRD 2-2013, f. & cert. ef. 7-19-13 PRD 4-2005, f. & cert. ef. 5-5-05 PR 9-1981, f. & cert. ef. 4-6-81 1 OTC 2-1980, f. & ef. 1-4-80 1 OTC 74, f. & ef. 4-30-76 1 OTC 59, f. 8-1-75, ef. 8-25-75 1 OTC 56(Temp), f. & cert. ef. 4-4-75 1 OTC 23, f. & cert. ef. 2-19-74 1 OTC 17, f. & cert. ef. 12-20-73
736-010-0060 Alcoholic Beverages (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 under 21 years of age may not possess or use alcoholic beverage(s) at any park property. (3) 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. (4) 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. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.111 History: PRD 3-2025, amend filed 03/11/2025, effective 03/12/2025 PRD 2-2013, f. & cert. ef. 7-19-13 PRD 8-2012, f. & cert. ef. 11-16-12 PRD 4-2005, f. & cert. ef. 5-5-05, Renumbered from 736-015-0058, 736-015-0063, 736-015-0070, 736-015-0097, 736-015-0144, 736-015-0146 & 736-015-0148 PR 8-1996, f. 8-14-96, cert. ef. 8-15-96 PR 16-1992, f. & cert. ef. 12-1-92 PR 4-1991, f. 4-30-91, cert. ef. 5-13-91 PR 4-1990(Temp), f. & cert. ef. 8-1-90 PR 1-1990, f. & cert. ef. 5-14-90 PR 11-1986, f. & cert. ef. 7-9-86 PR 9-1981, f. & cert. ef. 4-6-81 1 OTC 2-1980, f. & cert. ef. 1-4-80 1 OTC 59, f. 8-1-75, cert. ef. 8-25-75 OTC 56 (Temp), f. & cert. ef. 4-4-75 1 OTC 40, f. & cert. ef. 11-1-74 1 OTC 39, f. & cert. ef. 10-1-74 1 OTC 34(Temp), f. & cert. ef. 8-7-74 1 OTC 23, f. & cert. ef. 2-19-74 1 OTC 17, f. & cert. ef. 12-20-73
736-010-0065 Rooster Rock State Park — Nudity (1) A person 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. Statutory/Other Authority: ORS 390.124 & 167.060 Statutes/Other Implemented: ORS 390.111 History: PRD 3-2025, amend filed 03/11/2025, effective 03/12/2025 PRD 2-2013, f. & cert. ef. 7-19-13 PRD 4-2005, f. & cert. ef. 5-5-05, Renumbered from 736-015-0110 PR 8-1996, f. 8-14-96, cert. ef. 8-15-96 PR 16-1992, f. & cert. ef. 12-1-92 PR 4-1991, f. 4-30-91, cert. ef. 5-13-91 PR 4-1990(Temp), f. & cert. ef. 8-1-90 PR 1-1990, f. & cert. ef. 5-14-90 PR 11-1986, f. & cert. ef. 7-9-86 PR 9-1981, f. & cert. ef. 4-6-81 1 OTC 2-1980, f. & cert. ef. 1-4-80 1 OTC 59, f. 8-1-75, cert. ef. 8-25-75 OTC 56(Temp), f. & cert. ef. 4-4-75 1 OTC 40, f. & cert. ef. 11-1-74 1 OTC 39, f. & cert. ef. 10-1-74 1 OTC 34(Temp), f. & cert. ef. 8-7-74 1 OTC 23, f. & cert. ef. 2-19-74 1 OTC 17, f. & cert. ef. 12-20-73
736-015-0010 General Regulations (1) The commission shall establish fees through rule to promote department financial self-sufficiency and based on the following criteria: (a) Prevailing rates for comparable facilities; (b) Day of week; (c) Season of year; (d) Holidays; (e) Amenities of the park area and site; (f) Visitor demand and marketing opportunities to encourage use and revenues. (2) Unless posted otherwise, a person shall pay established rates prior to use. (3) Rates are subject to change. Additional service fees may be added to a base rate. (4) The director may establish rates and rental charges for services, facilities and products that are optional, nonessential or complement the basic services described in this division. The director shall establish rates that take into consideration comparable services by other providers and marketing opportunities to encourage use and revenues. (5) Pursuant to ORS 105.672 to 105.696, fees charged under this division are for use of the assigned area or park facility of the state park land for camping, picnicking, or boating and not for any other recreational purpose or area of state park land. The immunities provided under ORS 105.682 apply to use of state park land for any other recreational purpose. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.111, 390.121 & 390.124 History: PRD 1-2026, amend filed 03/01/2026, effective 03/01/2026 PRD 3-2016, f. & cert. ef. 7-13-16 PRD 7-2011, f. & cert. ef. 11-28-11 PRD 6-2010(Temp), f. & cert. ef. 4-15-10 thru 10-8-10 PRD 7-2007, f. & cert. ef. 8-28-07 PRD 4-2005, f. & cert. ef. 5-5-05, Renumbered from 736-010-0098 PRD 8-2004, f. & cert. ef. 6-3-04 PR 3-1996, f. & cert. ef. 5-13-96 PR 2-1995, f. & cert. ef. 1-23-95 PR 7-1994, f. & cert. ef. 7-11-94 PR 13-1993, f. 7-12-93, cert. ef. 8-2-93 PR 1-1992, f. & cert. ef. 2-14-92 PR 4-1991, f. 4-30-91, cert. ef. 5-13-91 PR 1-1990, f. & cert. ef. 5-14-90 PR 11-1986, f. & cert. ef. 7-9-86 PR 3-1984, f. & cert. ef. 3-5-84 PR 10-1983(Temp), f. & cert. ef. 12-28-83 PR 5-1983, f. & cert. ef. 3-30-83 PR 9-1981, f. & cert. ef. 4-6-81 1 OTC 2-1980, f. & ef. 1-4-80 1 OTC 22-1979(Temp), f. & cert. ef. 9-24-79 1 OTC 5-1979, f. & cert. ef. 2-9-79 1 OTC 82, f. 5-11-77, cert. ef. 5-14-77 1 OTC 74, f. & cert. ef. 4-30-76 1 OTC 59, f. 8-1-75, cert. ef. 8-25-75 1 OTC 56(Temp), f. & cert. ef. 4-4-75
736-015-0026 Group Day Use (1) At designated park areas, a person may reserve a group picnic area(s) by calling the Oregon State Parks Reservation Center or through the internet. The park manager will determine the maximum group size for each park facility. (2) The department will charge group picnic rental rates to offset additional park administration and maintenance costs: (a) Group picnic area. This is a day use area that may contain a covered area, but does not include dedicated water or electricity for the covered area. Base rate (0–50 people) — $50--300; (b) Group picnic shelter. This is a day use covered picnic shelter with water and electricity. Base rate (0-50 people) --$ 75-350; (c) Charges for persons in excess of the 50 person base rate will be $2 per person (3) The park manager may make advance arrangements with the group leader for parking, supervision, cleanup, checkout time, and other pertinent details. (4) Upon arrival, the group leader will check in with park staff who will direct the group to the reserved area. (5) The group must have adult supervision at all times. (6) Pursuant to ORS 105.672 to 105.696, group day use rental charges under this rule are for use of the assigned area or park facility of the state park land for picnicking and not for any other recreational purpose or area of state park land. The immunities provided under ORS 105.682 apply to use of state park land for any other recreational purpose. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.111, 390.121, 390.124 & HB 3673 (2010) History: PRD 1-2026, amend filed 03/01/2026, effective 03/01/2026 PRD 7-2024, amend filed 09/23/2024, effective 09/24/2024 PRD 4-2016, f. & cert. ef. 9-21-16 PRD 3-2016, f. & cert. ef. 7-13-16 PRD 4-2013, f. & cert. ef. 10-1-13 PRD 7-2011, f. & cert. ef. 11-28-11 PRD 6-2010(Temp), f. & cert. ef. 4-15-10 thru 10-8-10 PRD 15-2009, f. & cert. ef. 9-29-09 PRD 4-2005, f. & cert. ef. 5-5-05, Renumbered from 736-010-0115 PRD 8-2004, f. & cert. ef. 6-3-04 PR 3-1996, f. & cert. ef. 5-13-96 PR 1-1992, f. & cert. ef. 2-14-92 PR 1-1988, f. & cert. ef. 3-25-88 PR 9-1981, f. & certy. ef. 4-6-81 1 OTC 2-1980, f. & cert. ef. 1-4-80 1 OTC 3-1979, f. & cert. ef. 2-9-79 1 OTC 85, f. & cert. ef. 7-20-77 1 OTC 83(Temp), f. 5-19-77, cert. ef. 6-1-77 1 OTC 74, f. & cert. ef. 4-30-76 1 OTC 59, f. 8-1-75, cert. ef. 8-25-75 1 OTC 56 (Temp), f. & cert. ef. 4-4-75 1 OTC 23, f. & cert. ef. 2-19-74 1 OTC 17, f. & cert. ef. 12-20-73
736-015-0043 Effective Dates Amendments to OAR736-015-006, 736-015-0020, 736-015-0026, and 736-015-0040 adopted at the September 18, 2024 OPRD Commission meeting become effective upon July 1, 2025 and amendments to OAR 736-015-0030 become effective January 1, 2025. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.111, 390.121 & 390.124 History: PRD 7-2024, amend filed 09/23/2024, effective 09/24/2024 PRD 3-2017, amend filed 09/28/2017, effective 10/01/2017 PRD 4-2013, f. & cert. ef. 10-1-13 PRD 15-2009, f. & cert. ef. 9-29-09
736-016-0005 Purpose and Applicability This division is intended to secure public health and safety, protect park resources and facilities and assist in maintaining facilities and services in instances where a person requests to use state park land or facilities for a non-traditional park use. These special use permit rules: (1) Allow access to park land for a wide variety of non-traditional park uses by requiring a special use permit if the event or activity, including commercial filming: (a) Is an organized group activity or event attended by over 50 people; however, groups larger than 50 people that reserve overnight or day use facilities do not require a special use permit under this division unless one or more of the conditions listed in subsections (b) through (i) also exist; (b) Is an activity associated with a construction project that is not specifically provided for under contract with the department, including contracts related to natural resource projects, placement of utilities, access roads and structures on park land; (c) Uses park lands, structures or facilities in a manner not expressly provided for under OAR chapter 736, divisions 10, 15, 20 and 21; (d) Substantially restricts department or public access to or use of park lands, structures or facilities; (e) Requires placement of structures, facilities, or both, other than those normally used in recreational activities the department traditionally allows on the site; (f) Could disturb the natural, cultural, scenic or recreational resources on park land; (g) Could pose a safety concern for other park users or for those involved in the event or activity; (h) Includes temporary, short-term and non-exclusive vending, advertising or sales activities; or (i) Includes non-exclusive commercial uses when financial transactions are conducted on park land. (2) Establish department procedures for considering applications for authorizing non-traditional park uses by special use permit; and (3) Pertain to all non-traditional park uses as described in section (1) unless otherwise authorized by a contract or other agreement between the department and the person conducting the activity or use. Statutory/Other Authority: ORS 184 & 390.124 Statutes/Other Implemented: ORS 390.111, 390.121 & 390.124 History: PRD 7-2012, f. & cert. ef. 10-17-12 PR 5-1992, f. & cert. ef. 9-24-92 PR 11-1986, f. & ef. 7-9-86 PR 15-1981, f. & ef. 11-20-81 PR 11-1981(Temp), f. & ef. 6-26-81
736-016-0010 Policies (1) Pursuant to ORS 390.635 and 390.660 the department has jurisdiction and regulatory authority to manage the Ocean Shore State Recreation area for outdoor recreational purposes consistent with ORS 390.010. (2) Pursuant to ORS 390.111, the department has jurisdiction and regulatory authority to manage park lands for outdoor recreational purposes consistent with ORS 390.010. (3) All non-traditional park uses shall conform to applicable local, state, and federal laws. (4) The department will evaluate a special use permit application under this division using the following criteria: (a) Whether the activity or use is consistent with local, state, and federal laws; (b) Whether the activity or use complies with the requirements of this division; (c) Whether the activity or use, in both nature and timing, will substantially disrupt traditional public park use or unduly inconvenience park neighbors or the general public; (d) Whether the activity or use will have an adverse impact on public health, safety or welfare, or natural and cultural resource values; (e) Whether the activity or use is consistent with any natural or cultural resource management plans, policies, or procedures of the department; (f) Whether the applicant has established their ability to finance, plan and manage the activity in accordance with sanitation, safety, medical care, fire control, security, crowd, noise, and traffic control requirements, and consistent with the protection of park resources; (g) Whether the applicant has demonstrated experience in performing similar activities in the past or has previously done the event at the proposed location; (h) Whether the measures planned to mitigate changes in customary park usage or damage to park resources caused by the activity or use will offset the negative impact of the activity; (i) Whether the applicant has demonstrated an ability to fully meet the terms and conditions of the permit; and (j) Whether the activity will have a positive impact on the local community, environment, or park land or facilities. (5) The department will consider applications in the order they are received, however applicants who have conducted the same event at the same location for at least five continuous years may reserve their event’s traditional location and date by delivering a letter of intent to the department no less than nine months in advance of the planned event date. The applicant must obtain a permit pursuant to this division. (6) The department shall administer this division with the objective that persons applying for and holding a special use permit to use park land receive consistent, predictable and fair treatment and that the department’s mission is supported. (7) A person may not sponsor, promote or conduct a non-traditional park activity on park land without having first obtained a special use permit from the department. Statutory/Other Authority: ORS 184 & 390 Statutes/Other Implemented: ORS 390.111 & 390.121 History: PRD 7-2012, f. & cert. ef. 10-17-12 PR 1-1990, f. & cert. ef. 5-14-90 PR 11-1986, f. & ef. 7-9-86 PR 15-1981, f. & ef. 11-20-81 PR 11-1981(Temp), f. & ef. 6-26-81
736-016-0012 Definitions As used in this division unless the context requires otherwise: (1) “Applicant” means a person applying for a special use permit for an activity on or use of park land. (2) “Application Fee” means the amount of non-refundable money an applicant pays to the department when submitting a special use permit application. (3) “Assign” means a transfer by the permittee intended to allow another person the use of special use permit. (4) “Commercial Filming” means any still or video filming venture which involves equipment such as props, sets, lighting, or sound, and is of such a scale that it falls under OAR 736-016-0005(1). (5) “Contract” means a legally executed document signed by the department as defined in OAR 137-046-0110(8). (6) “Department” means the Oregon Parks and Recreation Department (7) “Director” means the Director of the Oregon Parks and Recreation Department. (8) “Non-Traditional Park Use” means any organized activity, gathering or use conducted in whole or in part on park land, that is not a recreational use allowed by the posted park regulations or permitted under the provisions of OAR chapter 736, divisions 10, 15, 20 and 21 and which requires a special use permit under this division. (9) “Park Land” means any land that is leased, owned or managed by the department including state parks, waysides and scenic, historic or state recreation areas, including the Ocean Shore State Recreation area, recreational grounds or places acquired by the state for scenic, historic, natural, cultural or recreational purposes except as otherwise provided by law. (10) “Person” means an individual at least 18 years of age, a political subdivision or public agency; any corporation, association, firm, partnership, limited liability company, joint stock company; or quasi-public corporation registered to do business in the State of Oregon. (11) “Public Agency” means an agency of the federal government, the State of Oregon or any political subdivision thereof, or county, city, special district or other public or municipal corporation, and any instrumentality thereof. (12) “Special Use Permit” allows uses defined in this division on a specific area of park land for a specific activity or use under specific terms and conditions defined in the permit. The permit consists of an approved permit application form, signed by the park manager or designee and the applicant, and any attachments required by the department. (13) “Structure” means anything placed, constructed, or erected on park land. (14) “Traditional Park Use” means a recreational use that park lands or structures were designed to accommodate in compliance with the posted park regulations or other provisions of OAR chapter 736, divisions 10, 15, 20 and 21. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.111 & 390.121 & 390.124 History: PRD 7-2012, f. & cert. ef. 10-17-12
736-016-0023 Fees and Charges (1) In addition to the use fees in section (2), an applicant must submit a non-refundable permit application fee of $100. The application fee is waived if the department charges the applicant a monthly or annual rental lease or access fee. (2) The applicant shall pay to the department in advance of the event the following daily use fees plus any camping and lodging fees established for persons authorized to stay overnight in connection with the event based on the attendance estimate on the permit application: (a) Commercial Film Use: Number of Participants — Daily Use Rate (A) 1–5 — $100; (B) 6–30 — $150; (C) 31–60 — $300; (D) 61 or more — $400. (b) Daily Use Fee: Daily group use rate established in OAR 736-015-0026. (c) Overnight Use Fee (A) Fees for the use of designated overnight facilities are the standard rate established in OAR chapter 736, division 15. (B) Fees for overnight use of an area not normally designated for overnight use are calculated at the standard group camp rate established in OAR 736-015-0040. (3) The department may increase or decrease fees in section (2) after the event when: (a) The applicant requests an adjustment and provides documentation of attendance showing that the attendance varies more than 10 percent from the estimated attendance; or (b) The department has documentation of attendance that varies more than 10 percent from the estimated attendance. (4) Special uses conducted in partnership with the department may have a negotiated fee. (5) The department will assess an hourly rate of $20 (minimum four hours) for each department employee that the department requires to be on site to monitor or assist in the activity or use. (6) Annual or monthly rental, lease and access fees may be assessed and paid to the department. Statutory/Other Authority: ORS 184 & 390.124 Statutes/Other Implemented: ORS 390.111, 390.121 & 390.124 History: PRD 7-2012, f. & cert. ef. 10-17-12 PR 7-1994, f. & cert. ef. 7-11-94 PR 5-1992, f. & cert. ef. 9-24-92