DIVISION 10
GENERAL PARK AREA RULES
736-010-0005
Purpose and Scope of Rules, Statutory Authority
(1) This division governs the operation of park areas under the jurisdiction of the department pursuant to ORS 390.111, which provides the department complete jurisdiction and authority over all park areas acquired by the state for scenic, historic, natural, cultural or recreational purposes.
(2) This division is adopted pursuant to the commission's authority to manage, operate and maintain park areas provided in ORS 390.121; the commission's authority to adopt rules necessary for the use and administration of park areas provided in ORS 390.124; and the authority of the director and park employees specifically designated by the director to enforce park area rules by citation provided in ORS 390.050.
Stat. Auth.: ORS 390.050, 390.111, 390.121, & 390.124
Stats. Implemented: ORS 390.124
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 2-1980, f. & ef. 1-4-80; PR 9-1981, f.
& ef. 4-6-81; PR 1-1990, f. & cert. ef. 5-14-90; PRD 4-2005,
f. & cert. ef. 5-5-05
736-010-0010
Statutory Authority and Procedures
The text of this rule, 736-010-0010, was combined with rule 736-010-0005 above.
Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.050, 390.111, 390.121, 390.124
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 2-1980, f. & ef. 1-4-80; PR 9-1981, f.
& ef. 4-6-81; PR 1-1990, f. & cert. ef. 5-14-90; PRD 4-2005,
f. & cert. ef. 5-5-05
736-010-0015
Definitions
As used in this division, unless the context requires otherwise:
(1) "District Manager" means the immediate supervisor of park managers within a specified geographic region of the state.
(2) "Commission" means the Oregon State Parks and Recreation Commission.
(3) "Department" means the Oregon State Parks and Recreation Department.
(4) "Director" means the department director.
(5) "Enforcement Officer" means a peace officer or park employee specifically designated by the director under ORS 390.050 to investigate observed or reported violations and to issue oral or written warnings or citations to enforce park area rules.
(6) "Park Area" means any state park, wayside, corridor, monument, historic, trail, or recreation area, including the ocean shore adjacent to any park area boundary, under the jurisdiction of the department.
(7) "Park Employee" means an employee of the department.
(8) "Park Manager" means the supervisor or designated employee in charge of a park area.
(9) "Park Resources" means any natural, cultural, or human-made structure or feature of a park area.
(10) "Peace Officer" means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, and other persons as may be designated by law.
(11) "Person" includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality, or a non-profit entity.
(12) "Violate" includes failure to comply.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.050, 390.111 & 390.124
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 2-1980, f. & ef. 1-4-80; PR 9-1981, f.
& ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f.
& cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93;
PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef.
8-28-07
736-010-0020
General Regulations
(1) The director may establish seasons, overnight length of stay, camper checkout times and procedures to adjust daily park area opening and closing times.
(2) The director, by written agreement, may cooperatively exercise jurisdiction and authority over a park area with a county, city, or political subdivision thereof for the purposes of enforcing park rules, and applicable state, county or city laws.
(3) A park manager or park employee may seek compliance from the public with any park area rule.
(4) A park manager or designated park employee may order any person that violates any park area rule to leave a park area.
(5) A park manager or an enforcement officer may exclude a person that violates any park area rule from the park area for a specified period of time.
(6) A peace officer, pursuant to a written agreement with the department, may seek compliance from the public with any park area rule and may order a person who violates one or more park area rules to leave the park area.
(7) A peace officer, pursuant to a written agreement with the department, may exclude a person who violates any park area rule; federal, state, county, or city law; or court order from a park area for a specified period of time.
(8) A park manager or designated park employee may protect the safety or health of the public or protect park resources. This authority includes actions that may temporarily:
(a) Permit or limit specific activities or uses in designated portions of a park area;
(b) Designate a location within a park for a single use to avoid conflicts between users;
(c) Restrict access to or close an entire park area;
(d) Restrict access to or close a portion of a park area; or
(e) Exclude a person from a park area.
(9) A person excluded from a park area may contest the exclusion notice by filing a written appeal within seven days of the exclusion date. The person excluded must submit the appeal to the District Manager responsible for the park where the notice of exclusion was issued.
Stat. Auth.: ORS 390.050, 390.121, 390.124
Stats. Implemented: ORS 390.124
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 2-1980, f. & ef. 1-4-80; PR 9-1981, f.
& ef. 4-6-81; PR 9-1982(Temp), f. & ef. 6-28-82; PR 5-1983,
f. & ef. 3-30-83; PR 1-1990, f. & cert. ef. 5-14-90; PR
1-1992, f. & cert. ef. 2-14-92; PR 13-1993, f. 7-12-93, cert. ef.
8-2-93; PR 1-1998, f. 1-15-98, cert. ef. 1-20-98; PRD 4-2005, f.
& cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07
736-010-0022
Fines
(1) A person that violates any park rule commits either a Class A, B, C, or D violation punishable, upon conviction, by a fine as provided in ORS 153.018(2).
(2) Each occurrence of a violation of a park area rule shall be considered a separate offense.
Stat. Auth.: ORS 153 & 390
Stats. Implemented: ORS 153.018, 390.050, 390.111 & 390.990
Hist.: PR 5-1983, f. & ef. 3-30-83; PRD 2-2000(Temp), f. &
cert. ef. 1-14-00 thru 7-12-00; PRD 6-2000, f. & cert.. ef.
5-9-00; PRD 1-2004(Temp), f. & cert. ef. 1-15-04 thru 3-31-04;
PRD 4-2004, f. 3-15-04 cert. ef. 4-15-04; PRD 4-2005, f. & cert.
ef. 5-5-05
736-010-0025
Motor Vehicles
(1) All park area roadways are considered public roadways and all provisions of motor vehicle laws of the State of Oregon are applicable and enforceable. Motorists must comply with motor vehicle regulatory signs posted in park areas.
(2) Motor vehicles shall be operated only on roads and in parking areas constructed or designated for motor vehicle use.
(3) Where not otherwise posted, motor vehicles may not be operated within a park area at speeds in excess of 25 miles per hour.
(4) Automobiles, trailers, or other vehicles shall be parked only in designated parking areas.
(5) The department may have a vehicle towed at the owner's expense if a vehicle is parked in a fire lane, roadway, campsite, entry way, driveway or other location in a manner that impedes park operations, safety, or both.
(6) Abandoned vehicles exceeding 72 hours or vehicles owned by a person who has been excluded or who is in violation of criminal trespass may be towed at the owner's expense.
(7) All motor vehicles and trailers parking overnight in day use areas must obtain a permit. Motor vehicles and trailers without a permit are subject to towing at the owner's expense.
(8) Unlicensed motorized vehicles, except park area service vehicles, may not be operated in park areas unless otherwise posted, with the exception of the operation of motor assisted scooters by disabled persons on bicycle lanes or paths.
(9) A person may operate an Off-Highway Vehicle (OHV) only in designated off-highway riding areas or on park roadways which are signed for OHV use.
(10) A person may operate an OHV in park areas only during those seasons and hours of operation which are established by the park manager.
(11) A person shall operate an OHV below the maximum permissible decibel level.
(12) A person may not operate a motor assisted scooter in a park area, including on a bicycle lane or bicycle path.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111, 390.330, 819.110, 819.120, 811 et
seq., 814.500, 814.516, 814.550 & 814.554
Hist.: 1 OTC 17, 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 2-1980, f. & ef. 1-4-80; PR 9-1981, f.
& ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 1-1990, f.
& cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR
1-1994, f. & cert. ef. 2-9-94; PRD 4-2005, f. & cert. ef.
5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07
736-010-0026
Non-Motorized Vehicles, Cycles or Similar Devices
(1) A person operating a bicycle, skateboard, scooter, roller- or inline skate, or other wheeled, operator-propelled equipment that transports the operator on land, except devices utilized by persons with disabilities, must comply with the following:
(a) Motor vehicle and bicycle regulatory signs posted in park areas,
(b) Persons under 16 years of age are required to wear protective headgear,
(A) In the event that a person under 11 years of age violates this subsection, the notice of violation shall be issued to the person's parent, legal guardian or person with legal responsibility.
(B) In the event that a person between 11 and 16 years of age violates this subsection, the notice of violation may be issued to the violator or that person's parent, legal guardian or person with legal responsibility.
(c) Restrict speed and manner of operation to a reasonable and prudent practice relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other park users. This includes:
(A) Yielding the right-of-way to pedestrians and animals;
(B) Dismounting and walking in congested areas and posted walk zones;
(C) Slowing down and making presence well know in advance and using caution when overtaking other persons or animals;
(D) Displaying adequate lighting during the hours of darkness, in compliance with ORS Chapters 814 to 816;
(E) Using caution when approaching turns or areas of limited sight distance;
(F) Not disturbing or harassing wildlife as provided in OAR 736-010-0055; and
(G) Operating in compliance with any additional requirements identified in ORS 814.488 when on public roads accessible by motor vehicles.
(2) A person may operate non-motorized cycles or similar devices on roads and trails in any park area, except where posted to specifically prohibit or conditionally restrict such activity.
(3) The director or designee may open or close roads and trails to the operation of non-motorized cycles or similar devices, 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.
(4) A person may not operate non-motorized cycles, scooters, or similar devices in any park area listed below, except where authorized by the director and posted specifically or conditionally to allow such activities:
(a) Off roads or trails;
(b) Within designated natural areas, natural forest areas, or natural area preserves except on roads open for motor vehicles; and
(c) On docks, piers, floats and connecting ramps.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111, 814.400 - 814.489, 814.600
Hist.: PR 4-1991, f. 4-30-91, cert. ef. 5-13-91; PRD 4-2005, f. &
cert. ef. 5-5-05
736-010-0027
Boats and Moorages
(1) The park manager may post restrictions or prohibitions on the use of motorboats or other watercraft in park areas.
(2) Boaters must comply with regulatory signs posted in boat launching, moorage and beach areas.
(3) Boaters shall moor or secure their boat in a manner that will not cause personal injury or damage to private property or park resources.
(4) Boaters shall vacate moorages by the designated checkout time on the last day of the rental date unless otherwise posted.
(5) 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 watercraft, removed at the owner's expense. The department is not responsible for any loss or damage to possessions or watercraft.
(6) The park manager may permit fishing from boat moorage docks.
(7) A person may not swim or water ski within 200 feet of or from boat moorage docks or facilities.
(8) Motorized boats and all other watercraft are prohibited from entering established swimming areas except for the protection or rescue of human life.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.111, 830.912 & 830.914
Hist.: PR 5-1983, f. & ef. 3-30-83; PRD 4-2005, f. & cert.
ef. 5-5-05
736-010-0030
Domestic Animals
(1) Domestic animals means those animals whose food and shelter are provided by a human custodian. Handler means any person who either brings a domestic animal into a park area or keeps a domestic animal in a park area.
(2) A handler shall either confine the domestic animal or keep it on a leash not more than six feet long. The animal shall be under physical control at all times.
(3) A handler is responsible for the animal's behavior and containment and for the removal of the animal's waste while in the park area.
(4) With the exception of certified human service animals, domestic animals are prohibited in the following locations:
(a) Park area buildings and structures;
(b) Bodies of water, except hunting dogs are allowed in those areas described in OAR 736-010-0055;
(c) Beaches adjacent to designated for swimming areas; and
(d) Other areas where posted.
(5) The park manager or an enforcement officer may take any measure deemed necessary (including the removal of the animal from the park area) to protect park resources or to prevent interference by the animal with the safety, comfort, or well being of any person in the park area.
(6) Park employees may seize any domestic animal running at large in a park area and release to an animal pound or animal control officer.
(7) The park manager may designate a portion of a park area as open to dogs off leash for the purposes of training dogs, open field trials, or exercising dogs, when the handler is in control of the dog.
(8) A person may not ride, drive, lead, or keep a horse or other large animal in any park area, except on such roads, trails, or areas designated for that purpose. A handler may not hitch or confine a horse or other large animal in a manner that may cause damage to any tree, shrub, improvement or structure.
Stat. Auth ORS 390.124
Stats. Implemented: ORS 390.111
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 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
1-1990, f. & cert. ef. 5-14-90; PR 13-1993, f. 7-12-93, cert. ef.
8-2-93; Renumbered from 736-015-0050, PRD 4-2005, f. & cert. ef.
5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07
736-010-0035
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 in park areas.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
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 2-1980, f. & ef. 1-4-80; PR 9-1981, f.
& ef. 4-6-81; PRD 4-2005, f. & cert. ef. 5-5-05
736-010-0040
Visitor Conduct
(1) Fires in park areas shall be confined to:
(a) Park camp stoves or fireplaces provided for such purpose;
(b) Portions of beach areas designated as permissible for fires; or
(c) Portable stoves used in established campsites, picnic areas, or beach areas where fires are allowed.
(2) Every fire shall be extinguished before its users leave the park area. No fire shall be allowed to cause personal injury or damage to private property or park resources.
(3) The park manager may restrict or prohibit fires due to high fire hazard conditions.
(4) A person may not mutilate, deface, damage, or remove any property, structure or facility of any kind in a park area, except as provided in OAR 736-010-0055.
(5) A person shall leave garbage, recyclables, sewage or waste in a park area only in the designated containers provided.
(6) A person many not dispose of garbage, recyclables, sewage, or waste generated by activities conducted outside a park area in a park area, with the exception of recreational vehicle sewage and gray water holding tank contents to be disposed of in designated dump stations.
(7) A person may not remove items from containers designated for recyclables, garbage, sewage or waste without authorization of the park manager.
(8) A person may not engage in the following activities in park areas:
(a) Use or operation of any noise producing machine, vehicle, device or instrument in a manner that may disturb other park area visitors;
(b) Use of a public address system or similar device without written permission of the park manager;
(c) Possessing, discharging, or causing to be discharged, any firecracker, explosives, torpedoes, rockets, fireworks or other substances without the written permission of the park manager;
(d) Use of a metal detector or similar device without a written permit from the department in any property not listed on the “Detecting Allowed” list, published on the OPRD website;
(e) Obstructing, harassing or interfering with a park employee or peace officer in the performance of their duties;
(f) Entering or occupying any building, facility or portion of a park area that has been closed to public access;
(g) Blocking, obstructing or interfering with vehicular or pedestrian traffic on any road, parking area, trail, walkway, pathway or common area;
(h) Occupying or interfering with access to any structure, office, lavatory or other facility in a manner which interferes with the intended use of such a structure or facility;
(i) Fighting; or promoting, instigating or encouraging fighting or similar violent conduct which would threaten the physical well being of any person in the park area;
(j) Smoking in any areas where the Oregon Indoor Clean Air Act, ORS 433.835 to 433.875; prohibits smoking;
(k) Activities or conduct which constitutes a public nuisance or hazard;
(l) Public indecency as defined in ORS 163.465;
(m) Base-jumping, hang gliding, paragliding or similar activities are not allowed in park areas without a written permit from the park manager. The use of hang gliders is allowed at Cape Kiwanda State Natural Area;
(n) Discharging any firearm, bow and arrow, slingshot, pellet gun, or other weapon capable of injuring humans or wildlife or damaging property, except in those park area locations and for those purposes specified in OAR 736-010-0055(7);
(o) Placing a sign, marker or inscription of any kind, except in designated areas within a park area, without written permission from the park manager;
(9) A person may not distribute circulars, notices, leaflets, pamphlets or written or printed information of any kind within a park area unless they have first obtained permission from the park manager and reported their name, address and number of leaflets to be distributed.
(10) A person may not operate a concession, solicit, sell or offer for sale, peddle, hawk or vend any goods, wares, merchandise, food, liquids or services in a park area without prior written authorization from the park manager.
(11) All money or goods, having a value of $100 or more and found by the public in park areas, must be turned over to the park manager. All found money or goods will be disposed of according to department policy adopted in accordance with ORS 98.005.
(12) The director or designee may close rock formations and cliffs within a park area to descending, scaling or technical rock climbing.
(13) The director or designee may close lakes, streams or waterfalls to kayaking, boating, diving or swimming when the park manager has determined the activity to be a danger to participants.
(14) A person using a park area shall pay rates as established in OAR chapter 736, division 15 for use of selected facilities or the purchase of services or products.
Stat.
Auth.: OAR 390.124
Stats.
Implemented: ORS 390.111, 163.465, 433.835 - 433.875 & 498.006
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 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 3-1984, f. & ef. 3-5-84; PR
1-1990, f. & cert. ef. 5-14-90; PR 4-1991, f. 4-30-91, cert. ef. 5-13-91; PR
8-1993, f. & cert. ef. 5-11-93; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93; PR
7-1996, f. 8-14-96, cert. ef. 8-15-96; PRD 4-2000, f. & cert. ef. 4-5-00; Renumbered
from 736-010-0045, 736-010-0070, 736-010-0125, 736-015-0045 & 736-015-0067,
PRD 4-2005, f. & cert. ef. 5-5-05; PRD 8-2007, f. & cert. ef. 8-28-07; PRD
11-2008, f. & cert. ef. 12-15-08; PRD 11-2009, f. & cert. ef. 6-18-09
736-010-0045 [Renumbered to 736-010-0040]
736-010-0050
Overnight Use
(1) Overnight use is not permitted on the ocean shore abutting park areas, or in any park area not designated for camping.
(2) A person must comply with seasons, overnight length of stay, and camper checkout times.
(3) Overnight facilities shall be occupied by paid customers or permitted visitors only.
(4) Owners of vehicles in a campground later than 10:00 PM are subject to overnight use fees.
(5) A park employee may authorize more than one vehicle to occupy an individual campsite. Individual campsites shall be occupied by no more than one recreational vehicle at the same time, unless authorized by a park employee.
(6) A maximum of eight individuals may occupy one campsite unless otherwise specified by the park manager.
(7) Quiet hours are 10:00 P.M. to 7:00 A.M.
(8) Campsites must be occupied the first night after any belongings are left in the site. If a person has failed to pay camping rental rates for two consecutive days or has exceeded the length of stay time limit the department may have all possessions removed from the campsite at the owner's expense. The department will not be responsible for any loss or damage to possessions.
(9) Campers must be 18 years of age or older to reserve and register for campsites, cabins, yurts, and other overnight facilities in parks areas.
(10) The registered camper will be responsible for the activities of all users of the site.
(11) The park manager may require that all food, garbage and equipment used to cook or store food, when not attended, be placed in a vehicle or hard sided camping unit.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
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 2-1980, f. & ef. 1-4-80; PR 9-1981, f.
& ef. 4-6-81; PR 5-1983, f. & ef. 3-30-83; PR 3-1984, f.
& ef. 3-5-84; PR 1-1990, f. & cert. ef. 5-14-90; PR 1-1992,
f. & cert. ef. 2-14-92; PR 13-1993, f. 7-12-93, cert. ef. 8-2-93;
PR 2-1995, f. & cert. ef. 1-23-95; PR 3-1996, f. & cert. ef.
5-13-96; PRD 4-2001, f. 2-28-01, cert. ef. 3-1-01; PRD 4-2005, f.
& cert. ef. 5-5-05
736-010-0055
Cultural, Historic, Natural and Wildlife Resources
(1) A person may not disturb or remove any archaeological, cultural, or historical material from a park area, unless authorized by the director as defined in ORS 390.235.
(2) A person may not, except with the written permission of the park director or park manager:
(a) Dig up, or remove any soil, rock, or fossil materials;
(b) Roll any stones, logs or other objects that may endanger a person or damage park resources; or
(c) Pick, cut, mutilate or remove plants or natural resources of any type from any park area, except as allowed by sections (3) to (5) and (7) of this rule.
(3) A person may collect limited-souvenirs of agate and gem stone rock materials within the boundaries of Succor Creek State Recreation Area away from the developed public use areas and roadways of the park under the following conditions:
(a) No commercial digging, quarrying, or removal of rock is allowed;
(b) No excavating or rock collecting is allowed within a distance of 500 feet from any developed public use picnic area or campground, or 200 feet from an improved highway or park road within the park area; or within the area of an archeological site;
(c) Excavation is restricted to standard hand tools including a hand pick, shovel, or hammer;
(d) The use of mechanical excavators including, but not limited to bulldozers, backhoes, scoops, tractors, or the use of other power tools to excavate or remove materials is prohibited;
(e) Excavation of rock or soil materials around the root zone of trees and shrubs is prohibited.
(4) Notwithstanding section (2) or (3), a person must comply with existing state and federal rules and regulations concerning mining or the protection of public archeological features or artifacts on the state and federal lands of this area.
(5) A person may gather for personal consumption berries, fruits, mushrooms, or similar edibles. A person may not uproot living plants, and roots, tubers, flowers, and stems may not be collected except with a written permit and only for scientific collection or research purposes, or by a Native American for personal consumption as part of their traditional cultural heritage. Driftwood may be taken in small amounts in accordance with OAR 736-026-0010.
(6) A person may not give or offer food items to any wildlife within a park area except when authorized by the park manager.
(7) A person may not hunt, pursue, trap, kill, injure, or molest any wildlife or disturb their habitats within a park area, except under the following provisions:
(a) In those park areas where hunting and trapping is allowed, a person must comply with the rules and regulations of the Oregon Department of Fish and Wildlife.
(b) In those park areas where hunting is allowed, dogs being used for hunting game birds or unprotected wildlife or being trained for hunting or tracking shall be in the handler's control at all times.
(c) Seasonal hunting of waterfowl is allowed in the following park areas:
(A) Bowers Rock State Park;
(B) That portion of Elijah Bristow State Park located north of the main channel of the Middle Fork of the Willamette River;
(C) Portions of Fort Stevens State Park adjacent to Trestle Bay as posted;
(D) That portion of La Pine State Park located on the northeast boundary, beginning 4,135 feet down river from the Deschutes River Home Sites #6 bridge (survey point at N43 46.989, W121 31.015) to a point 950 feet up river of the Fall River confluence (survey point at N43 47.204, W121 30.705);
(E) That portion of Willamette Mission State Park located on Grand Island in Yamhill County;
(F) That portion of Government Island State Recreation Area including the perimeter of both Government and Lemon Islands, not above the mean high water mark as posted;
(G) That portion of Rooster Rock State Park which includes Sand Island as well as the bank which runs parallel to the south of the island. Hunting will not be allowed during the special waterfowl hunting season which starts in September as posted;
(H) That portion of Benson State Recreation Area at Dalton Point, north of I-84, starting 300' east of the boat ramp running to the eastern most tip of the property at river mile 134 as posted;
(I) That portion of Starvation Creek State Park, north of I-84, river mile 159.6 to 160.2 as posted;
(J) That portion of Mayer State Park including the entire Salisbury Slough area and the pond 800' Northwest of the boat ramp as posted.
(d) Seasonal hunting of game wildlife is allowed within Deschutes River State Recreational Area south of the stream gauge cable crossing line and parallel extensions of the cable crossing line to the east and west park boundaries.
(e) Seasonal hunting of deer is allowed in portions of La Pine State Recreation Area north of the east-west power line road, approximately one mile north of the campground booth.
(f) Seasonal hunting of upland game birds is allowed in Succor Creek State Park, except within 500 feet of camping areas located near the Succor Creek Bridge and posted Safety Zones.
(g) Trapping is allowed only by permit from the department in Bowers Rock State Park, Deschutes State Recreation Area, Elijah Bristow State Park, and Willamette Mission State Park.
(h) Hunting is allowed with shotguns or bows and arrows only, during authorized seasons in all Willamette River Greenway Corridor parcels, except in those parcels described below, where all hunting is prohibited:
(A) Wapato Access (Virginia Lake), River Mile 17.0–18.0, Multnomah Channel, Right bank when facing downstream;
(B) Crown Zellerbach, River Mile 21.3, Main Channel, Left Bank when facing downstream;
(C) Merrell (Mary S. Young State Park), River Mile 23.6, Main Channel, Left Bank when facing downstream;
(D) Willamette Shores, Inc. (Mary S. Young State Park), Main Channel, River Mile 24.0, Main Channel, Left Bank when facing downstream;
(E) Meldrum Bar Park (City of Gladstone) River Mile 24.2–24.4, Main Channel, Right Bank when facing downstream;
(F) Hattan-Fisher, River Mile 24.3, Main Channel, Left Bank when facing downstream;
(G) Dahl Park (City of Gladstone) River Mile 24.7, Main Channel, Right Bank when facing downstream;
(H) Coalca Landing, River Mile 30.7, Main Channel, Right Bank when facing downstream;
(I) Lang, River Mile 30.7, Main Channel, Left Bank when facing downstream;
(J) Pete's Mountain Landing, River Mile 30.8, Main Channel, Left Bank when facing downstream;
(K) Peach Cove Landing, River Mile 31.5, Main Channel, Left Bank when facing downstream;
(L) Brandborg, River Mile 32.0, Main Channel, Left Bank when facing downstream;
(M) Asche, River Mile 34.1, Main Channel, Left Bank when facing downstream;
(N) Molalla River State Park, River mile 34.6–36.1, Main Channel, Right Bank when facing downstream;
(O) Willamette Meridian Landing, River Mile 37, Main Channel, Left Bank when facing downstream;
(P) French Prairie Access, River Mile 41.0, Main Channel, Right Bank when facing downstream;
(Q) Parrett Mountain Access, River Mile 45.5–46.0, Main Channel, Left Bank when facing downstream;
(R) Hess Creek Landing, River Mile 53, Main Channel, Left Bank when facing downstream;
(S) San Salvador Access, River Mile 56.7, Main Channel, Right Bank when facing downstream;
(T) Lincoln Access, River Mile 76.2–77.0, Main Channel, Left Bank when facing downstream;
(U) Lincoln Access (Doak's Ferry) River Mile 77.6, Main Channel, Left Bank when facing downstream;
(V) Darrow Rocks Access, River Mile 78.1, Main Channel, Left Bank when facing downstream;
(W) Ross Island Sand & Gravel (Salem Waterfront), River Mile 82.8, Main Channel, Right Bank when facing downstream;
(X) Hall's Ferry Access, River Mile 91.3, Main Channel, Right Bank when facing downstream;
(Y) Springfill Access, River Mile 113.8, Main Channel, Left Bank when facing downstream;
(Z) Takenah Landing (City of Albany), River Mile 118.5, Main Channel, Left Bank when facing downstream (Closed only for 500 feet west of parking area);
(AA) Jasper Bridge, River Mile 195.2, Middle Fork, Right Bank when facing downstream;
(BB) Minshall, Eller, River Mile 119.9, Main Channel, Left Bank when facing downstream;
(CC) Jones, Lanham, River Mile 120.1, Main Channel, Left Bank when facing downstream;
(DD) F. Schmidt, P. Schmidt, River Mile 120.3, Main Channel, Left Bank when facing downstream;
(EE) Truax Island Access, River Mile 168.7, Main Channel, Left Bank when facing downstream (closed only for 500 feet west of parking area);
(FF) Marshall Island Access (Banton), River Mile 168.7, Main Channel, Left Bank when facing downstream;
(GG) Log Jam Access, River Mile 194.4–194.8, Middle Fork, Left Bank when facing downstream;
(HH) Pengra Access, River Mile 195.2, Middle Fork, Right Bank when facing downstream;
(II) Cougar Mountain Access, River Mile 15.5, Coast Fork, Right Bank when facing downstream; and
(JJ) Lynx Hollow Access, River Mile 17.2, Coast Fork, Left Bank when facing downstream (Closed except for 100 foot strip along riverbank);
(i) Trapping is allowed only with written authorization from the department in the Willamette River Greenway Corridor parcels closed to hunting, as listed above. Trapping is allowed in all other Willamette River Greenway Corridor parcels.
Stat.
Auth.: ORS 390.124
Stats.
Implemented: ORS 390.111, 498.002 & 498.006
Hist.:
1 OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR 10-1991, f.
& cert. ef. 6-18-91; Renumbered from 736-015-0065, 736-015-0072, 736-015-0080,
736-015-0090, 736-015-0095, 736-015-0100, 736-015-0130, 736-015-0135, 736-015-0150
& 736-015-0160, PRD 4-2005, f. & cert. ef. 5-5-05; PRD 11-2008, f. &
cert. ef. 12-15-08; PRD 11-2009, f. & cert. ef. 6-18-09
736-010-0060
Alcoholic Beverages
(1) A person under 21 years of age may not possess or use alcoholic beverage(s) in any park area.
(2) A person may not possess or use alcoholic beverages in the following areas except by permit from the park manager:
(a) Bald Peak State Scenic Viewpoint;
(b) That portion of Dabney State Recreation Area downstream from the Stark Street bridge;
(c) 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;
(d) TouVelle State Recreation Site;
(e) Tumalo State Park day use area;
(f) Bonnie Lure State Recreation Area;
(g) Warm Springs boat launch access, Deschutes River, Jefferson County; and
(h) Other park areas as signed.
(3) 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.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 34(Temp),
f. & ef. 8-7-74; 1 OTC 39, f. 10-1-74; 1 OTC 40, f. 11-1-74; OTC
56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1
OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR
11-1986, f. & ef. 7-9-86; PR 1-1990, f. & cert. ef. 5-14-90;
PR 4-1990(Temp), f. & cert. ef. 8-1-90; PR 4-1991, f. 4-30-91,
cert. ef. 5-13-91PR 16-1992, f. & cert. ef. 12-1-92; PR 8-1996,
f. 8-14-96, cert. ef. 8-15-96; Renumbered from 736-015-0058,
736-015-0063, 736-015-0070, 736-015-0097, 736-015-0144, 736-015-0146
& 736-015-0148, PRD 4-2005, f. & cert. ef. 5-5-05
736-010-0065
Rooster Rock State Park -- Nudity
?(1) A person of post-pubescent age or over 12 years of age is prohibited from engaging in nudity, as defined in ORS 167.060, in any area west of the boundary established by a line running north and south from 100 yards east of the easternmost beach access stairway and south of a line running east and west along 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.
Stat. Auth: ORS 390.124
Stats. Implemented: ORS 390.111
Hist.: 1 OTC 17, f. 12-20-73; 1 OTC 23, f. 2-19-74; 1 OTC 34(Temp),
f. & ef. 8-7-74; 1 OTC 39, f. 10-1-74; 1 OTC 40, f. 11-1-74; OTC
56 (Temp), f. & ef. 4-4-75; 1 OTC 59, f. 8-1-75, ef. 8-25-75; 1
OTC 2-1980, f. & ef. 1-4-80; PR 9-1981, f. & ef. 4-6-81; PR
11-1986, f. & ef. 7-9-86; PR 1-1990, f. & cert. ef. 5-14-90;
PR 4-1990(Temp), f. & cert. ef. 8-1-90; PR 4-1991, f. 4-30-91,
cert. ef. 5-13-91PR 16-1992, f. & cert. ef. 12-1-92; PR 8-1996,
f. 8-14-96, cert. ef. 8-15-96; Renumbered from 736-015-0110, PRD
4-2005, f. & cert. ef. 5-5-05
736-010-0070 [Renumbered to 736-010-0040]
736-010-0098 [Renumbered to 736-015-0010]
736-010-0099 [Renumbered to 736-015-0015]
736-010-0100 [Renumbered to 736-015-0020]
736-010-0115 [Renumbered to 736-015-0026]
736-010-0120 [Renumbered to 736-015-0035]
736-010-0125 [Renumbered to 736-015-0040]
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