Oregon Administrative Rules › Chapter 734 - DEPARTMENT OF TRANSPORTATION, HIGHWAY DIVISION › Division 30 - REST AREAS › Section 734-030-0015 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To preserve
			 state property and increase health and safety in Rest Areas, a Department of
			 Transportation or Travel Information Council employee, Police Officer, Rest
			 Area Enforcement Officer, or the Rest Area Attendant is authorized to require
			 compliance with OAR 734-030-0010.
(2) In addition to any other penalty
			 prescribed by law, failure to comply with OAR 734-030-0010  governing health and
			 safety in a Rest Area may result in a Class B violation as stated in ORS
			 366.991.
(3) A Police Officer may direct a person to
			 leave the Rest Area for a period of up to 1 year when the person violates any
			 Rest Area rule; or violates any federal, state, county or city law or court
			 order. Such exclusion shall be in writing as described in section 5 of this
			 rule. A lesser amount of time may be specified on the exclusion notice based on
			 the frequency, severity, and impact to other Visitors of the violation as
			 described in section 6 of this rule.
(4) A Rest Area Enforcement Officer, within a
			 Rest Area managed by Travel Information Council by agreement with ODOT, may
			 direct a person to leave the Rest Area for a period of up to 1 year when the
			 person violates any rest area rule. Such exclusion shall be in writing as
			 described in section 5 of this rule. A lesser amount of time may be specified
			 on the exclusion notice based on the frequency, severity, and impact to other
			 Visitors of the violation as described in section 6 of this rule.
(5) The notice of exclusion must be in
			 writing and include the conduct leading to the exclusion; the name of the Rest
			 Area; the effective date and length of the exclusion; the name of the person
			 being excluded; the name of the person ordering the exclusion; and information
			 consistent with OAR 734-030-0016  on how to contest the exclusion. If the person
			 being excluded refuses to accept the written notice of exclusion, the exclusion
			 is still valid. Verbal direction to the person as to the length of the
			 exclusion is adequate as notice provided such action is documented on the
			 written notice of exclusion.
(6) A
			 person may be excluded from a Rest Area for up to 1 year as described in this
			 rule. A lesser amount of time may be specified as follows:
(a) A person may be excluded for 1 month (30
			 days) when the person violates the posted rest area rules, or demonstrates
			 unwillingness to comply or change behavior when requested.
(b) A person may be excluded for 6 months
			 (180 days) when the person repeatedly violates the posted rest area rules, is
			 cited for violation of federal, state, or local laws in the Rest Area, or
			 causes property damage of $2,000 or less.
(c) A person may be excluded for 1 year (365
			 days) when the person physically attacks another person or thing in the Rest
			 Area, is cited for criminal activity in the Rest Area, intentionally causes
			 property damage, or causes property damage of more than $2,000.