Oklahoma Administrative Code › Title 725 - Oklahoma Tourism and Recreation Department › Chapter 30 - Division of State Parks › Subchapter 2 - General Purpose › Section 725:30-2-4 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in the chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Abandonment"
means the voluntary relinquishment
				  of property with no intent to retain possession.
"Administrative activities"
means those
				  activities conducted under the authority of the Division of State Parks for the
				  purpose of safeguarding persons or property, implementing management plans and
				  conducting general repair and maintenance of facilities.
"Aircraft"
means a device that is used or
				  intended to be used for human flight in the air, including powerless
				  flight.
"Archaeological resources"
means material
				  remains of past human life or activities that are of archaeological interest
				  and are at least fifty (50) years of age. This term includes, but shall not be
				  limited to, objects made and used by humans, such as pottery, basketry,
				  bottles, weapons, weapon projectiles, tools, structures, pit houses, rock
				  paintings and carvings, intaglios, or any portion or piece of the foregoing
				  items, and the physical site, location or context in which they are found, or
				  human skeletal materials or graves.
"Authorized emergency vehicle"
means a vehicle
				  in official use for emergency purposes by the Division of State Parks or an
				  emergency vehicle as defined by state law.
"Authorized person"
means an employee or agent
				  of the Oklahoma Tourism and Recreation Department, Division of State Parks with
				  delegated authority to enforce the provisions of this chapter.
"Bicycle"
means every device propelled solely by
				  human power upon which a person or persons may ride on land, have one, two, or
				  more wheels, except a manual wheelchair.
"Boundary"
means a delineation of state interest
				  on a map filed or recorded by the state or political subdivision in accordance
				  with applicable law.
"Camping"
means the erecting of a tent or
				  shelter of natural or synthetic material, preparing a sleeping bag or other
				  bedding material for use, parking of a motor vehicle, motor home or trailer, or
				  mooring a vessel for the apparent purpose of remaining overnight.
"Carry"
means to wear, bear, or have on or about
				  the person.
"Commission"
means the Oklahoma Tourism and
				  Recreation Department Commission which is a public body with the authority to
				  establish policy, and carry out the duties of the Oklahoma Tourism and
				  Recreation Act.
"Controlled substance"
means a drug or other
				  substance, or immediate precursor, included in Schedule I, II, III, IV or V of
				  Article II of Uniform Controlled Dangerous Substances Act [63:2-201-2
				  -212].
"Cultural resources"
means material remains of
				  past human life or activities that are of archaeological interest and are at
				  least fifty (50) years of age. This term includes, but shall not be limited to,
				  objects made and used by humans, such as pottery, basketry, bottles, weapons,
				  weapon projectiles, tools, structures, pit houses, rock paintings and carvings,
				  intaglios, or any portion or piece of the foregoing items, and the physical
				  site, location or context in which they are found, or human skeletal materials
				  or graves.
"Curfew"
means a restriction established by the
				  park manager whereby specific areas within a park or a park unit may be closed
				  or restricted to activities during designated periods.
"Department"
means the Oklahoma Tourism and
				  Recreation Department.
"Developed area"
means roads, parking areas, day
				  use areas, picnic areas, campgrounds, or other structures, facilities or lands
				  located within development zones depicted on use maps.
"Director"
means the Director of the Division of
				  State Parks, or their designee.
"Employee"
means any paid employee of the
				  Oklahoma Tourism and Recreation Department, Division of State Parks regardless
				  of classification status.
"Executive Director"
means the director of the
				  Oklahoma Tourism and Recreation Department, or the Deputy Executive
				  Director.
"Firearm"
means a loaded or unloaded pistol,
				  rifle, shotgun or other weapon which is designed to, or may be readily
				  converted to expel a projectile by the use of a propellant.
"Fish"
means any member of the subclasses
				  Agnatha, Chondrichthyes, or Osteichthyes families.
"Fishing"
means taking or attempting to take
				  fish.
"Hunting"
means taking or attempting to take
				  wildlife, except trappings.
"Manager"
means the Park Manager, Lodge Manager,
				  or Golf Course Manager who is responsible for the operation of the
				  property.
"Manual wheelchair"
means a device that is
				  propelled by human power, designed for and use by a mobility impaired person.
"Motor vehicle"
means every vehicle that is
				  self-propelled and every vehicle that is propelled by electric power, but not
				  operated on rails or upon water except a motorized wheelchair.
"Motorcycle"
means every motor vehicle having a
				  seat for the use of the rider designed to travel on not more than three wheels
				  in contact with the ground, but excluding a tractor.
"Motorized wheelchair"
means a self-propelled
				  wheeled device, designed solely for and used by a mobility impaired person.
"Natural resources"
means any plant, animal, or
				  any natural object or material which has been produced by nature and is located
				  within a park unit.
"Non-developed area"
means all lands and waters
				  within park areas which are not developed.
"Operator"
means a person who operates, drives,
				  controls, otherwise has charge of or is in actual physical control of a
				  mechanical mode of transportation or any other mechanical equipment.
"Park area"
means lands and waters controlled or
				  administered by the Oklahoma Tourism and Recreation Department, Division of
				  State Parks.
"Park road"
means the main-traveled surface of a
				  roadway open to motor vehicles, owned, controlled or otherwise administered by
				  the Oklahoma Tourism and Recreation Department, Division of State Parks.
"Permit"
means a written authorization to engage
				  in uses or activities that are otherwise prohibited, restricted, and regulated
				  or beyond the normal scope of recreational activities for a state park unit.
"Person"
means an individual, firm, corporation,
				  society, association, partnership, or private or public body.
"Pet"
means a dog, cat or any animal that has
				  been domesticated.
"Possession"
means exercising direct physical
				  control or dominion, with or without ownership, over property, or
				  archaeological or natural resources.
"Primitive"
means an undeveloped area which does
				  not provide any developed facilities including sanitation facilities or
				  services.
"Public use limit"
means the number of persons;
				  number and types of animals; size and types of equipment, vehicles or property
				  allowed to enter, be brought into, remain in, or be used within a designated
				  geographic area or facility; or the length of time a designated geographic area
				  or facility may be occupied.
"Ranger"
means a commissioned law enforcement
				  official of the Oklahoma Tourism and Recreation Department, Division of State
				  Parks with authority to enforce park rules and state laws. This includes
				  reserve rangers.
"Refuse"
means trash, garbage, rubbish, waste,
				  bottles or cans, debris, litter, liquid waste, or other discarded
				  materials.
"Regional Manager"
means the official in charge
				  of a geographic region in the Oklahoma Tourism and Recreation Department,
				  Division of State Parks.
"Season"
means the primary recreation season in
				  a calendar year which is from April 15 through September 30, except when
				  defined differently within this chapter. All other time is considered to be
				  "off season".
"Services"
means, but is not limited to, meals
				  and lodging, labor, professional services, transportation, tours or any act for
				  which payment is customarily received.
"Sign"
means a board, poster, placard or device
				  displayed in a state park to advertise or convey information or a direction.
"Smoking"
means the carrying of lighted
				  cigarettes, cigars or pipes or the intentional and direct inhalation of smoke
				  from these objects.
"State"
means the State of Oklahoma.
"State law"
means the applicable and
				  non-conflicting laws or statutes enacted by the legislative and executive
				  branches of government of the State of Oklahoma.
"State Park System"
means all facilities, lands,
				  waters under the control and administration of, owned or leased, operated and
				  managed by the Oklahoma Tourism and Recreation Department, Division of State
				  Parks.
"Sunrise"
means a period of time one-half hour
				  before actual sunrise.
"Sunset"
means a period of time one-half hour
				  after actual sunset.
"Take"
means the pursue, hunt, harass, harm,
				  shoot, trap, net, capture, collect, kill, wound, or attempt to do any of the
				  above.
"Traffic"
means pedestrian, ridden or herded
				  animals, vehicles and other conveyances, either singly or together while using
				  any road, trail, street or other thoroughfare for the purpose of travel.
"Traffic control device"
means a sign, signal,
				  marking or other device placed or erected by, or with the concurrence of, the
				  park manager for the purpose of regulating, warning, guiding or otherwise
				  controlling traffic or regulating the parking of vehicles.
"Trap"
means a snare, trap, mesh, wire or other
				  implement, object or mechanical device designed to entrap or kill animals other
				  than fish.
"Unit"
means a single state park.
"Unloaded"
as applied to weapons and firearms,
				  means that:
(A) There is no unexpended shell, cartridge, or projectile in
				  any chamber or cylinder of a firearm or in a clip or magazine inserted in or
				  attached to a firearm.
(B) A muzzle-loading weapon does not contain gun powder in
				  the pan, or percussion cap is not in place.
(C) Bows, crossbows, spear guns or any implement capable of
				  discharging a missile or similar device by means of a loading or discharging
				  mechanism, when that loading or discharging mechanism is not charged or
				  drawn.
"Vehicle"
means every device in, upon, or by
				  which a person or property is or may be transported or drawn on land, and
				  devices moved by human power or used exclusively upon stationary rails or
				  track.
"Visitor"
means a user of a park.
"Weapon"
means a firearm compressed gas or
				  spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, spear gun,
				  hand thrown spear, slingshot, irritant gas device, explosive device, or any
				  other implement designed to discharge missiles, and includes any other weapon
				  the possession of which is prohibited under the laws of the state.
"Wildlife"
means any member of the animal
				  kingdom and includes a part, product, egg, or offspring thereof, or the dead
				  body or part thereof.
Added at 10 Ok Reg 3235,
				  eff 6-25-93; Amended at 27 Ok Reg 2586, eff
				  7-25-10