Current through Register Vol. 63, No. 3, March 1, 2024
(1) Upon the approval of the permit
application, the department will issue a special use permit with the terms of
permit to be strictly observed by the applicant. The permit shall at a minimum
require that:
(a) The applicant assumes full
responsibility and liability for damages or injury to any member of the public
arising out of the activity or use, including personal injury and property
damage, and for any damage to park property, including natural and cultural
resources;
(b) The applicant shall
indemnify and hold harmless the State of Oregon, its Parks and Recreation
Commission and members thereof, the Oregon Parks and Recreation Department, and
its officers, agents and employees against any and all damages, claims or
causes of action arising from or in connection with the activity or
use;
(c) Prior to the permit being
issued, the applicant shall provide the department proof of current liability
insurance coverage which names the State of Oregon, its Parks and Recreation
Department, its Parks and Recreation Commission, and the officers, agents and
employees thereof as additional insureds. The insurance coverage shall have
limits of not less than $1,000,000. For activities or uses that are assessed as
having high risk exposure (e.g. public fire works displays), insurance of
$4,000,000 shall be required, per the maximum level of the State's Tort Claim
Limits, in ORS 30.271. The department safety
and risk manager may reduce or waive insurance limits if one or more of the
following apply:
(A) Insurance is not
required if the applicant is a Cooperative Association with a current agreement
under OAR 736-002-0010 and the activity or use being permitted has been listed
on their annual plan for the current year;
(B) Insurance is not required if the activity
or use being permitted is being conducted in partnership with OPRD through an
agreement with the applicant;
(C)
Commercial insurance is not required if the applicant is a public agency;
or
(D) Insurance requirements may
be reduced if approved by the OPRD Safety & Risk Manager based on a risk
assessment considering the level of risk and measures that will be put in place
to reduce risk;
(d) If
required as a condition of the special use permit, the applicant shall deposit
with the department a cash deposit, bond or savings certificate in an amount as
specified in the approved permit at least 72 hours prior to the planned
activity or use. This deposit, bond or savings certificate shall be security
for the applicant's faithful performance of all permit conditions and to cover
any damages sustained by the department as a result of breach. The department
shall determine the amount of security based on exposure and potential for
damages from the activity or use.
(2) The department will not consider an
application for a special use permit unless:
(a) The applicant or its principal
representative is at least 18 years of age, or 21 years of age if alcohol is to
be served at the activity or use; and
(b) The applicant has satisfied all
outstanding liabilities and requirements due to the department and arising out
of any prior activity or use involving park land.
(3) A person may not assign a special use
permit to any other person.
(4) The
department may, in its discretion, cancel a special use permit effective
immediately on notice to the applicant in the event of any emergency,
significant law enforcement problem, or substantial threat to public welfare,
safety or property arising from or affecting the activity. The department may
cancel a special use permit effective immediately upon any breach of other
permit conditions.
(5) The
department may stop the activity or use, and require the applicant to clear the
activity or use area of visitors, in the event of any emergency, significant
law enforcement problem, substantial threat to public safety or park resources
or a violation of park rules arising out of or related to the activity or
use.
(6) The applicant shall
terminate the activity or use immediately upon receipt of notice from the
department that the permit has been cancelled and shall thereupon be
responsible for the immediate cleanup and restoration of the park
area.
(7) The department retains
the right to enter onto any park land at any time for purposes of inspection or
management.
(8) The permittee shall
dispose of all solid and liquid waste in manner approved by the department and
shall not permit debris, garbage or other refuse to accumulate or be discharged
into any waterway or ocean shore area.
(9) The permittee shall not cut, destroy,
remove, or permit to be cut, destroyed or removed any vegetation on park land
except with the written permission of the department.
(10) The permittee shall conduct all
operations within the permit area in a manner which protects natural and
cultural resources, protects water quality, and does not contribute to soil
erosion or growth of noxious weeds.
Stat. Auth.: ORS 184 &
390.124
Stats. Implemented: ORS
390.111,
390.121 &
390.124
