Oregon Bulletin
Rule
Caption: Addition of recreational immunity
language to division 15 rules and redefining Express Check-In.
Adm.
Order No.: PRD 7-2011
Filed with Sec. of
State: 11-28-2011
Certified to be
Effective: 11-28-11
Notice Publication
Date: 5-1-2010
Rules Amended: 736-015-0010, 736-015-0020, 736-015-0026, 736-015-0030
Subject: Language is added to the division 15 rules which will:
(1) provide users who are charged a fee the notice now required by law, and (2)
protect the public interest in limiting exposure of the state park system to
claims that could be brought absent recreational immunity.
A minor
housekeeping change is also included in this action, changing the term Express
Check-In to Pre-Registration, which is the current terminology used by the
reservation system.
Rules Coordinator: Vanessa DeMoe—(503) 986-0719
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) Amenities of the park area and site;
(e) Marketing opportunities to encourage use and
revenues.
(2) Unless posted otherwise, a person shall pay
established rates prior to use.
(3) 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.
(4) Pursuant to ORS 105.672 to 105.696, fees charges
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.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
390.121 & 390.124
Hist.: 1 OTC 56(Temp), f. &
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 82, f. 5-11-77, ef. 5-14-77; 1 OTC 5-1979, f. & ef. 2-9-79; 1 OTC
22-1979 (Temp), f. & ef. 9-24-79; 1 OTC 2-1980, f. & ef. 1-4-80; PR
9-1981, f. & ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 10-1983(Temp),
f. & ef. 12-28-83; PR 3-1984, f. & ef. 3-5-84; PR 11-1986, f. & ef.
7-9-86; PR 1-1990, f. & cert. ef. 5-14-90; PR 4-1991, f. 4-30-91, cert. ef.
5-13-91; PR 1-1992, f. & cert. ef. 2-14-92; PR 13-1993, f. 7-12-93, cert.
ef. 8-2-93; PR 7-1994, f. & cert. ef. 7-11-94; PR 2-1995, f. & cert.
ef. 1-23-95; PR 3-1996, f. & cert. ef. 5-13-96; PRD 8-2004, f. & cert.
ef. 6-3-04; Renumbered from 736-010-0098, PRD 4-2005, f. & cert. ef.
5-5-05; PRD 7-2007, f. & cert. ef. 8-28-07; PRD 6-2010(Temp), f. &
cert. ef. 4-15-10 thru 10-8-10; Administrative correction 10-26-10; PRD 7-2011,
f. & cert. ef. 11-28-11
736-015-0020
Overnight Rentals
The director may designate a Type I campsite rental
schedule at selected high use campgrounds. All remaining campgrounds will be
set at the Type II campsite rental schedule. The director is authorized by the
commission to include transient lodging taxes in the nightly rental rate and to
increase the rental rate to the nearest whole dollar. The department shall
retain the additional revenue. Campsite Rental rates (per night per site before
tax):
(1) Full Hookup Campsite: Provides campsite with
individual water supply, electrical and sewage hookups, table, stove, and access
to a restroom.
(a) Type I: $24.
(b) Type II: $20.
(2) Electrical Hookup Campsite: Provides campsite with
individual water supply and electrical hookups, table, stove, and access to a
restroom.
(a) Type I: $24.
(b) Type II: $20.
(3) Tent Campsite: Provides campsite with water supply
nearby but does not have electricity or sewage hookup. Provides table, stove,
and access to a restroom.
(a) Type I: $19.
(b) Type II: $17.
(4) Primitive Campsite: Provides campsite with table
and stove; water and sanitary facilities may be some distance away. All
primitive campsites: $9.
(5) Yurt: Rustic units provide a temporary tent
structure, covered deck, heat, lights and beds along with outdoor picnic
facilities. Deluxe units add kitchen facilities, bathrooms and showers.
(a) Rustic: $36.
(b) Deluxe: $75.
(6) Cabin: Rustic units provide a hard-walled wooden
structure, covered deck, heat, lights and beds along with outdoor picnic
facilities. Totem units are primitive log units. Deluxe 1 units add kitchen
facilities, bathrooms and showers. Deluxe 2 units add additional rooms.
(a) Totem: $24.
(b) Rustic: $39.
(c) Deluxe 1: $75.
(d) Deluxe 2: $85.
(7) Tepee: Tepee replica units vary in diameter from
18’ to 26’ and provide heat, lights and beds along with outdoor picnic facilities.
All tepees: $36.
(8) Wagon: Covered wagon replica units vary in size and
provide heat, lights and beds along with outdoor picnic facilities. All wagons:
$36.
(9) Hiker/Boater/Bicyclist Campsite: Provides cleared
area for campers without motor vehicles; water and sanitary facilities may be
some distance away. All hiker/boater/bicyclist campsites: $5 per camper per
night.
(10) Extra Vehicle in Campground: An additional rental
rate of $5 per vehicle is charged when an extra vehicle is driven into the
campground and remains overnight.
(11) Extra Motorcycle in Campground: If the initial
campsite rental is to a person riding a motorcycle, and the first extra vehicle
is a motorcycle, the second motorcycle will not be charged. Each additional
motorcycle will be charged $5 as an extra vehicle.
(12) Pre-Registration (where available): The department
may allow a person with a reservation for individual tent, electrical or full
hook-up campsites to expedite the check-in process by registering on-line prior
to or upon arrival at the park area.
(13) Pursuant to ORS 105.672 to 105.696, overnight
rental charges under this rule are for use of the assigned area or park
facility of the state park land for camping 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.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
390.121, 390.124 & HB 3673 (2010)
Hist.: 1 OTC 17, f. 12-20-73; 1
OTC 23(Temp), f. 2-19-74; 1 OTC 56(Temp), f. & 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 82, f. 5-11-77, ef.
5-14-77; 1 OTC 86(Temp), f. 7-21-77, ef. 7-25-77; 1 OTC 90, f. & ef.
9-26-77; 1 OTC 1-1978, f. & ef. 2-23-78; 1 OTC 4-1979, f. & ef. 2-9-79;
1 OTC 6-1979, f. & ef. 3-29-79; 1 OTC 8-1979 (Temp), f. & ef. 5-17-79;
1 OTC 14-1979(Temp), f. & ef. 6-21-79; 1 OTC 2-1980, f. & ef. 1-4-80;
PR 1-1981(Temp), f. 1-8-81, ef. 1-12-81; PR 9-1981, f & ef. 4-6-81; PR
14-1981, f. & ef. 10-23-81; PR 5-1983, f. & ef. 3-30-83; PR 3-1984, f.
& ef. 3-5-84; PR 11-1986, f. & ef. 7-9-86; PR 2-1987, f. & ef.
3-27-87; PR 1-1988, f. & cert. ef. 3-25-88; PR 6-1989(Temp), f. 12-29-89,
cert. ef. 1-8-90; PR 1-1990, f. & cert. ef. 5-14-90; PR 4-1991, f. 4-30-91,
cert. ef. 5-13-91; PR 1-1992, f. & cert. ef. 2-14-92; PR 16-1992, f. &
cert. ef. 12-1-92; PR 2-1994, f. & cert. 2-9-94; PR 6-1995, f. & cert.
ef. 7-14-95; PR 3-1996, f. & cert. ef. 5-13-96; PRD 8-2004, f. & cert.
ef. 6-3-04; Renumbered from 736-010-0100, PRD 4-2005, f. & cert. ef.
5-5-05; PRD 2-2009, f. & cert. ef. 2-10-09; PRD 15-2009, f. & cert. ef.
9-29-09; PRD 1-2010, f. & cert. ef. 1-5-10; PRD 6-2010(Temp), f. & cert.
ef. 4-15-10 thru 10-8-10; Administrative correction 10-26-10; PRD 7-2011, f.
& cert. ef. 11-28-11
736-015-0026
Group Day Use
(1) At designated park areas, a person may reserve a
group picnic area(s) by calling Reservations Northwest during normal business
hours. 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) Base rate (0–50 people) – $50;
(b) Charges for persons in excess of the 50 person base
rate will be $1 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
the park manager 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.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
390.121, 390.124 & HB 3673 (2010)
Hist.: 1 OTC 17, f. 12-20-73; 1
OTC 23, f. 2-19-74; 1 OTC 56 (Temp), f. & 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 83(Temp), f. 5-19-77, ef.
6-1-77; 1 OTC 85, f. & ef. 7-20-77; 1 OTC 3-1979, f. & ef. 2-9-79; 1
OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 1-1988, f.
& cert. ef. 3-25-88; PR 1-1992, f. & cert. ef. 2-14-92; PR 3-1996, f.
& cert. ef. 5-13-96; PRD 8-2004, f. & cert. ef. 6-3-04; Renumbered from
736-010-0115, PRD 4-2005, f. & cert. ef. 5-5-05; PRD 15-2009, f. &
cert. ef. 9-29-09; PRD 6-2010(Temp), f. & cert. ef. 4-15-10 thru 10-8-10;
Administrative correction 10-26-10; PRD 7-2011, f. & cert. ef. 11-28-11
736-015-0030
Day Use Parking Permit
(1) Purpose: Based on the department’s goal to manage
increased use of park areas, the director may require a motor vehicle day use
parking permit at selected park areas. This charge is a parking fee and not a
charge for recreational purposes under ORS 105.672 to ORS 105.696. The
immunities provided under ORS 105.682 apply to use of state park land for
recreational purpose.
(2) General Regulations:
(a) Parking permits are to be clearly displayed through
the windshield of motor vehicles with the expiration date visible;
(b) Persons with motorcycles or other motor vehicles,
such as convertibles, where the permits could be subject to theft, may keep the
permit with them and must show it to an enforcement officer or park employee
upon request.
(3) Day Use Parking Permit Fees:
(a) Daily Motor Vehicle – $5;
(b) 12-month Permit – $30;
(c) 24-month Permit – $50;
(4) The department may enter into a written agreement
with privately owned commercial vendors and non-profit cooperative associations
affiliated with the department under ORS 390.143 to sell 12-month and 24-month
permits:
(a) The director shall establish a minimum allowable
fee of $1 for vendors who sell the 12-month and 24-month permits;
(b) Non-profit cooperative associations affiliated with
the department may by agreement retain fees in excess of the minimum vendor fee
for use in funding interpretive programs in park areas;
(c) The vendor’s fee will be included in the price of
the permit;
(d) Only a park employee may issue replacement permits
in the event an original permit is lost, stolen, or mutilated.
(5) Daily Access Exceptions: The director may grant
exceptions to the day-use permit requirement under the following circumstances:
(a) Emergency vehicles;
(b) Government vehicles on official business;
(c) Business and delivery vehicles on official
business;
(d) A person who is currently a registered camper at a
park area and clearly displays the overnight rental receipt;
(e) Park concessionaires and their employees;
(f) A person entering the park to engage in specially
permitted non-recreation activities;
(g) Park volunteers on duty in the park;
(h) A person with a permit issued by another entity
with which the department has a written agreement to honor their passes;
(i) Other persons as designated by the director.
(6) Park Areas Subject to Day-Use Fees: Park areas at
which a day use fee shall be charged include: Fort Stevens State Park, Cape
Lookout State Park, Ecola State Park, Nehalem Bay State Park, Honeyman Memorial
State Park (West side), L.L. “Stub” Stewart Memorial State Park, Heceta Head
Lighthouse, Shore Acres State Park, Milo McIver State Park, Viento State Park,
Benson State Recreation Area, Dabney State Recreation Area, Historic Columbia
River Highway State Trail, Mayer State Park, Rooster Rock State Park, Champoeg
State Heritage Area, Detroit Lake State Recreation Area, Fall Creek State
Recreation Area (Winberry), Silver Falls State Park, Jasper State Recreation
Site, Mongold Day-use Area, Willamette Mission State Park, Tou Velle State
Recreation Site, The Cove Palisades State Park, Tumalo State Park, Smith Rock
State Park, Farewell Bend State Recreation Area.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111,
390.121 & HB 3673 (2010)
Hist.: 1 OTC 56(Temp), f. &
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 82, f. 5-11-77, ef. 5-14-77; 1 OTC 5-1979, f. & ef. 2-9-79; 1 OTC
22-1979 (Temp), f. & ef. 9-24-79; 1 OTC 2-1980, f. & ef. 1-4-80; PR
9-1981, f. & ef. 4-6-81; PRD 4-2005, f. & cert. ef. 5-5-05; PRD 7-2007,
f. & cert. ef. 8-28-07; PRD 15-2009, f. & cert. ef. 9-29-09; PRD
1-2010, f. & cert. ef. 1-5-10; PRD 5-2010, f. & cert. ef. 3-24-10; PRD
6-2010(Temp), f. & cert. ef. 4-15-10 thru 10-8-10; Administrative
correction 10-26-10; PRD 7-2011, f. & cert. ef. 11-28-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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