Or. Admin. Code § 734-030-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 734-030-0015 - Compliance

(1) To preserve state property and increase health and safety in Rest Areas, a Department of Transportation or Travel Information Council employee, Police Officer, Rest Area Enforcement Officer, or the Rest Area Attendant is authorized to require compliance with OAR 734-030-0010.

(2) In addition to any other penalty prescribed by law, failure to comply with OAR 734-030-0010 governing health and safety in a Rest Area may result in a Class B violation as stated in ORS 366.991.

(3) A Police Officer may direct a person to leave the Rest Area for a period of up to 1 year when the person violates any Rest Area rule; or violates any federal, state, county or city law or court order. Such exclusion shall be in writing as described in section 5 of this rule. A lesser amount of time may be specified on the exclusion notice based on the frequency, severity, and impact to other Visitors of the violation as described in section 6 of this rule.

(4) A Rest Area Enforcement Officer, within a Rest Area managed by Travel Information Council by agreement with ODOT, may direct a person to leave the Rest Area for a period of up to 1 year when the person violates any rest area rule. Such exclusion shall be in writing as described in section 5 of this rule. A lesser amount of time may be specified on the exclusion notice based on the frequency, severity, and impact to other Visitors of the violation as described in section 6 of this rule.

(5) The notice of exclusion must be in writing and include the conduct leading to the exclusion; the name of the Rest Area; the effective date and length of the exclusion; the name of the person being excluded; the name of the person ordering the exclusion; and information consistent with OAR 734-030-0016 on how to contest the exclusion. If the person being excluded refuses to accept the written notice of exclusion, the exclusion is still valid. Verbal direction to the person as to the length of the exclusion is adequate as notice provided such action is documented on the written notice of exclusion.

(6) A person may be excluded from a Rest Area for up to 1 year as described in this rule. A lesser amount of time may be specified as follows:

(a) A person may be excluded for 1 month (30 days) when the person violates the posted rest area rules, or demonstrates unwillingness to comply or change behavior when requested.

(b) A person may be excluded for 6 months (180 days) when the person repeatedly violates the posted rest area rules, is cited for violation of federal, state, or local laws in the Rest Area, or causes property damage of $2,000 or less.

(c) A person may be excluded for 1 year (365 days) when the person physically attacks another person or thing in the Rest Area, is cited for criminal activity in the Rest Area, intentionally causes property damage, or causes property damage of more than $2,000.

(7) Violation of a notice of exclusion may result in arrest for criminal trespass under ORS 164.245.

Or. Admin. Code § 734-030-0015

HC 476a, f. & ef. 10-7-54; HC 801, f. 11-24-59, ef. 1-1-60; 1 OTC 70, f. & ef. 3-5-76; HWY 2-1993, f. & cert. ef. 4-15-93; HWD 3-2010(Temp), f. & cert. ef. 4-28-10 thru 10-15-10; HWD 10-2010, f. 9-27-10, cert. ef. 10-1-10; HWD 1-2013, f. 1-17-13, cert. ef 3-1-13

Stat. Auth.: ORS 184.616. 184.619, 366.205 & 366.493

Stats. Implemented: ORS 164.805, 366.205, 366.493, 374.305, 377.030 & 810.030