Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
director may establish seasons, overnight lengths of stay, camper checkout
times and procedures to adjust daily park property opening and closing times,
and portions of a park property that are permanently closed or limited to
specific uses or activities by the public. These may differ from park property
to park property and from time to time, but shall be indicated on the state
park website, published maps, brochures, the current state parks guide booklet,
or on posted signs at the park property.
(2) Unless otherwise specifically established
by the director the following apply:
(a) The
maximum length of stay for campers is 14 consecutive nights in a 17-night span.
After three nights out of the park, campers may return to start a new
stay.
(b) The maximum length of
stay for hiker/biker sites is three consecutive nights in a seven-night period
per park.
(c) Unless otherwise
posted or specifically open for an event or activity, the hours of operation
for a day use area are dawn to dusk.
(3) The director, by written agreement, may
cooperatively exercise jurisdiction and authority over a park property with a
county, city, or political subdivision thereof for the purposes of enforcing
state park rules, and applicable state, county or city laws.
(4) A person shall observe and abide by all
instructions, warnings, restrictions, and prohibitions on posted signs and
notices and from park employees.
(5) A park manager or park employee may seek
compliance from the public with any state park rule.
(6) A park manager or department enforcement
officer may order any person that violates any state park rule to leave a park
property.
(7) A park manager or a
department enforcement officer may exclude a person that violates any state
park rule from the park property or multiple park properties.
(a) The duration of an exclusion is based on
severity of the state park rule violation. In determining the duration of the
exclusion, the park manager or a department enforcement officer will consider
whether the violation:
(A) affected:
(i) Visitor or staff safety;
(ii) Park resources, as defined in OAR
736-010-0015(17);
and
(iii) Park operations;
or
(B) involved:
(i) Repeat violation of any state park rule,
or
(ii) Bias crime as provided in
section (11) and ORS 390.997.
(b) The enforcement officer shall
issue a written exclusion notice. An enforcement officer that is not a peace
officer may request the assistance of a peace officer and mental health
practitioner or other agency in delivery of an exclusion.
(c) Exclusion notices shall contain, at a
minimum:
(A) The date of the
issuance;
(B) Effective dates of
exclusion;
(C) Each state park rule
violation involved in the exclusion;
(D) Notice of consequences of possible
criminal trespass should the person fail to comply with the exclusion as
provided in section (12)(b);
(E)
State park property or properties, as defined in OAR
736-010-0015(14),
that the person is expelled from throughout the duration of the exclusion;
and
(F) The procedure for filing an
appeal of the exclusion.
(d) The duration of exclusion determined
under subsection (a) shall be based on the rule violation following the agency
exclusion schedule described below:
(A) Level
1 exclusions may be issued for violations with minimal visitor impact or park
resource damage. Level 1 exclusions are issued for park resource damage that
results in a temporary closure of an area, site or facility, repeat violations
when other enforcement tools have been used or when the enforcement officer
deems other enforcement tools will not generate compliance.
(B) Level 2 exclusions may be issued for
increased visitor impact or park resource damage valued at less than $1,000
including behavior that results in a park area closure or repair taking up to
three months or behavior that is intimidating, verbally abusive or
hostile.
(C) Level 3 exclusions may
be issued for violations with serious visitor impact or park resource damage
valued at less than $3,000 including behavior that results in closure or repair
taking up to six months or repeated violations which result in unsafe
conditions for staff or park visitors.
(D) Level 4 exclusions may be issued for
violations with significant visitor impact or park resource damage valued at
over $3,000 including behavior that may result in closure of entire park for
safety. Level 4 exclusions may include fighting, promoting, or encouraging
fighting, or harassing park employees in the performance of their
duties.
(E) Level 5 exclusions may
be issued for violations which result in closure of entire park properties for
safety or result in irreplaceable park damage. Committing or attempting to
commit acts of violence to park staff or visitors may result in a level 5
exclusion.
(F) Level 6 exclusions
may be issued for repeat violations during or after the exclusion of a level 5
exclusion.
(G) Exclusions issued
under section (11) for conviction of bias crimes pursuant to ORS
390.997 are outside the scope of
this exclusion matrix.
(H) Level 1
exclusions are issued for up to 30 days within a geographic area of a park
property, management unit, county, or district requiring Park Manager approval.
Park Manager may delegate approval authority to enforcement officer.
(I) Level 2 exclusions are issued for 31-90
days within a geographic area of a park property, management unit, county, or
district and requires a Park Manager approval. Park Manager may delegate
approval authority to enforcement officer.
(J) Level 3 exclusions are issued for 91-180
days within a geographic area of a management unit, county, district, or
region, and requires District Manager approval.
(K) Level 4 exclusions may be issued for 181
days to 1 year within a geographic area of a district, region or statewide and
requires both District Manager and Region Director approval.
(L) Level 5 exclusions are issued for 366
days to five years within a geographic area of a region or statewide and
requires Deputy Director approval.
(M) Level 6 exclusions are issued for five
years and above within a geographic area of a region or statewide and requires
Deputy Director approval.
(N)
Enforcement officers will determine the level of exclusion based on the
totality of the situation. An individual with multiple past exclusions may
result in a higher level or longer exclusion time frame.
(O) If additional information is presented
after an initial exclusion is written, the enforcement officer may reevaluate
the exclusion level. This may result in a reissuance at a different level or a
rescind.
(e) A person
subject to an exclusion pursuant to this section may appeal the exclusion to
the agency on the agency website, by mail, phone or email.
(f) To be valid, an appeal submitted under
subsection (e) must include:
(A) a statement
for the basis of appeal; and
(B)
the exclusion notice number; and
(C) Contact information of person requesting
the appeal, including email, phone number, or mailing address.
(g) If any information in
paragraphs (f)(A)-(C) is missing, the department will not begin the appeal
process until the information is complete.
(h) An agency review panel shall review valid
appeal requests submitted under subsection (e). The agency review panel shall
determine whether the exclusion is substantiated or unsubstantiated based on
rule violation and the evidence provided. The agency shall formally respond
within 30 calendar days of the appeal request.
(A) An appeal request for an exclusion up
through 180 days shall be reviewed by an agency review panel within the local
area.
(B) An appeal request for an
exclusion for more than 180 days shall be reviewed by an agency review panel
convened by the Directors office.
(C) The individual may request an in-person
or online review during the appeal process.
(i) During the duration of an appeal, an
exclusion:
(A) Shall remain in effect for:
(i) Voluntary conduct or acts that are
detrimental to visitor or staff safety; park visitor experience or action of
serious or significant damage to park resources park operations; or any
combination thereof; and
(ii)
Unless the exclusion period expires during the appeal process;
(B) May be suspended upon request
at the time of appeal for:
(i) Conduct that is
expressive or communicative, including activity such as picketing,
demonstrating, leafletting, or delivering a speech, and
(ii) Conduct that is involuntary or
unavoidable.
(8) A peace officer may seek compliance from
the public with any state park rule, may order a person who violates one or
more state park rules to leave a park property, and may assist in delivery of
an exclusion notice under section (7).
(9) A peace officer may order a park visitor
to leave for up to 72 hours who violates any state park rule; federal, state,
county, or city law; or court order from a park property or multiple park
properties.
(10) 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 property;
(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 property;
(d) Restrict access
to or close a portion of a park property; or
(e) Exclude a person from a park property as
provided in section (7).
(11) When notified by the court of a person
subject to an exclusion from park property pursuant to ORS
390.997 the director will issue
an exclusion in writing via certified mail to the individual.
(a) Individuals convicted of ORS
166.155 will be excluded for up
to one year after conviction.
(b)
Individuals convicted of ORS
166.165 or repeat offenders will
be excluded for up to five years after conviction.
(c) Exclusions issued under this section do
not apply to the grounds of the State Capitol State Park.
(d) The director or designee may waive an
exclusion while a person is performing community service at a park
property.
(e) The director may
revoke a person's exclusion after their successful completion of court-approved
community service.
(12)
The following situations are criminal trespass in the second degree, a Class C
misdemeanor, per ORS 164.245:
(a) A person ordered to leave a park property
that remains present as a visitor;
(b) A person excluded from a park property
that enters or remains present as a visitor;
(c) A person enters a closed or restricted
portion of a park property; and
(d)
A person engages in an activity that has been specifically prohibited or
restricted at a park property or a portion of a park property.
