Okla. Admin. Code § 725:30-2-4

Current through Vol. 42, No. 4, November 1, 2024
Section 725:30-2-4 - [Effective 11/1/2024] Definitions

The following words or terms, when used in the chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Abandonment" means the voluntary relinquishment of property with no intent to retain possession.

"Administrative activities" means those activities conducted under the authority of the Division of State Parks for the purpose of safeguarding persons or property, implementing management plans and conducting general repair and maintenance of facilities.

"Aircraft" means a device that is used or intended to be used for human flight in the air, including powerless flight.

"Archaeological resources" means material remains of past human life or activities that are of archaeological interest and are at least fifty (50) years of age. This term includes, but shall not be limited to, objects made and used by humans, such as pottery, basketry, bottles, weapons, weapon projectiles, tools, structures, pit houses, rock paintings and carvings, intaglios, or any portion or piece of the foregoing items, and the physical site, location or context in which they are found, or human skeletal materials or graves.

"Authorized emergency vehicle" means a vehicle in official use for emergency purposes by the Division of State Parks or an emergency vehicle as defined by state law.

"Authorized person" means an employee or agent of the Oklahoma Tourism and Recreation Department, Division of State Parks with delegated authority to enforce the provisions of this chapter.

"Bicycle" means every device propelled solely by human power upon which a person or persons may ride on land, have one, two, or more wheels, except a manual wheelchair or a device that has two or three fully functional pedals equipped with a motor that does not exceed 1000W and is designed with a maximum speed of twenty (20) miles per hour and is incapable of speeds higher than twenty (20) miles per hour without human power assist. This does not include a manual wheelchair.

"Boundary" means a delineation of state interest on a map filed or recorded by the state or political subdivision in accordance with applicable law.

"Camping" means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring a vessel for the apparent purpose of remaining overnight.

"Carry" means to wear, bear, or have on or about the person.

"Commission" means the Oklahoma Tourism and Recreation Department Commission which is a public body with the authority to establish policy, and carry out the duties of the Oklahoma Tourism and Recreation Act.

"Controlled substance" means a drug or other substance, or immediate precursor, included in Schedule I, II, III, IV or V of Article II of Uniform Controlled Dangerous Substances Act [63:2-201-2-212].

"Cultural resources" means material remains of past human life or activities that are of archaeological interest and are at least fifty (50) years of age. This term includes, but shall not be limited to, objects made and used by humans, such as pottery, basketry, bottles, weapons, weapon projectiles, tools, structures, pit houses, rock paintings and carvings, intaglios, or any portion or piece of the foregoing items, and the physical site, location or context in which they are found, or human skeletal materials or graves.

"Curfew" means a restriction established by the park manager whereby specific areas within a park or a park unit may be closed or restricted to activities during designated periods.

"Department" means the Oklahoma Tourism and Recreation Department.

"Developed area" means roads, parking areas, day use areas, picnic areas, campgrounds, or other structures, facilities or lands located within development zones depicted on use maps.

"Director" means the Director of the Division of State Parks, or their designee.

"Employee" means any paid employee of the Oklahoma Tourism and Recreation Department, Division of State Parks regardless of classification status.

"Executive Director" means the director of the Oklahoma Tourism and Recreation Department, or the Deputy Executive Director.

"Firearm" means a loaded or unloaded pistol, rifle, shotgun or other weapon which is designed to, or may be readily converted to expel a projectile by the use of a propellant.

"Fish" means any member of the subclasses Agnatha, Chondrichthyes, or Osteichthyes families.

"Fishing" means taking or attempting to take fish.

"Hunting" means taking or attempting to take wildlife, except trappings.

"Manager" means the Park Manager, Lodge Manager, or Golf Course Manager who is responsible for the operation of the property.

"Manual wheelchair" means a device that is propelled by human power, designed for and use by a mobility impaired person.

"Motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power, but not operated on rails or upon water except a motorized wheelchair.

"Motorcycle" means every motor vehicle having a seat for the use of the rider designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

"Motorized wheelchair" means a self-propelled wheeled device, designed solely for and used by a mobility impaired person.

"Natural resources" means any plant, animal, or any natural object or material which has been produced by nature and is located within a park unit.

"Non-developed area" means all lands and waters within park areas which are not developed.

"Operator" means a person who operates, drives, controls, or otherwise has charge of or is in actual physical control of a mechanical mode of transportation or any other mechanical equipment.

"Park area" means lands and waters controlled or administered by the Oklahoma Tourism and Recreation Department, Division of State Parks.

"Park road" means the main-traveled surface of a roadway open to motor vehicles, owned, controlled or otherwise administered by the Oklahoma Tourism and Recreation Department, Division of State Parks.

"Permit" means a written authorization to engage in uses or activities that are otherwise prohibited, restricted, and regulated or beyond the normal scope of recreational activities for a state park unit.

"Person" means an individual, firm, corporation, society, association, partnership, or private or public body.

"Pet" means a dog, cat or any animal that has been domesticated.

"Possession" means exercising direct physical control or dominion, with or without ownership, over property, or archaeological or natural resources.

"Primitive" means an undeveloped area which does not provide any developed facilities including sanitation facilities or services.

"Public use limit" means the number of persons; number and types of animals; size and types of equipment, vehicles or property allowed to enter, be brought into, remain in, or be used within a designated geographic area or facility; or the length of time a designated geographic area or facility may be occupied.

"Ranger" means a commissioned law enforcement official of the Oklahoma Tourism and Recreation Department, Division of State Parks with authority to enforce park rules and state laws. This includes reserve rangers.

"Refuse" means trash, garbage, rubbish, waste, bottles or cans, debris, litter, liquid waste, or other discarded materials.

"Regional Manager" means the official in charge of a geographic region in the Oklahoma Tourism and Recreation Department, Division of State Parks.

"Season" means the primary recreation season in a calendar year which is from April 15 through September 30, except when defined differently within this chapter or by the Executive Director. All other time is considered to be "off season".

"Services" means, but is not limited to, meals and lodging, labor, professional services, transportation, tours or any act for which payment is customarily received.

"Sign" means a board, poster, placard or device displayed in a state park to advertise or convey information or a direction.

"Smoking" means the carrying of lighted cigarettes, cigars, or pipes or the intentional and direct inhalation of smoke from these objects or electronic cigarettes, vape pens, or other similar devices.

"State" means the State of Oklahoma.

"State law" means the applicable and non-conflicting laws or statutes enacted by the legislative and executive branches of government of the State of Oklahoma.

"State Park System" means all facilities, lands, waters under the control and administration of, owned or leased, operated and managed by the Oklahoma Tourism and Recreation Department, Division of State Parks.

"Sunrise" means a period of time one-half hour before actual sunrise.

"Sunset" means a period of time one-half hour after actual sunset.

"Take" means the pursue, hunt, harass, harm, shoot, trap, net, capture, collect, kill, wound, or attempt to do any of the above.

"Traffic" means pedestrian, ridden or herded animals, vehicles and other conveyances, either singly or together while using any road, trail, street or other thoroughfare for the purpose of travel.

"Traffic control device" means a sign, signal, marking or other device placed or erected by, or with the concurrence of, the park manager for the purpose of regulating, warning, guiding or otherwise controlling traffic or regulating the parking of vehicles.

"Trap" means a snare, trap, mesh, wire or other implement, object or mechanical device designed to entrap or kill animals other than fish.

"Unit" means a single state park.

"Unloaded" as applied to weapons and firearms, means that:

(A) There is no unexpended shell, cartridge, or projectile in any chamber or cylinder of a firearm or in a clip or magazine inserted in or attached to a firearm.
(B) A muzzle-loading weapon does not contain gun powder in the pan, or percussion cap is not in place.
(C) Bows, crossbows, spear guns or any implement capable of discharging a missile or similar device by means of a loading or discharging mechanism, when that loading or discharging mechanism is not charged or drawn.

"Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn on land, and devices moved by human power or used exclusively upon stationary rails or track.

"Visitor" means a user of a park.

"Weapon" means a firearm compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, spear gun, hand thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles, and includes any other weapon the possession of which is prohibited under the laws of the state.

"Wildlife" means any member of the animal kingdom and includes a part, product, egg, or offspring thereof, or the dead body or part thereof.

Okla. Admin. Code § 725:30-2-4

Added at 10 Ok Reg 3235, eff 6-25-93; Amended at 27 Ok Reg 2586, eff 7-25-10
Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2021
Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 11/1/2024