Or. Admin. Code § 736-010-0015

Current through Register Vol. 63, No. 10, October 1, 2024

Section 736-010-0015 - Definitions

As used in this division, unless the context requires otherwise:

(1) "Day Use Area" is a park property or portion of a park property that the department has designated for day use only.

(2) "District Manager" means the immediate supervisor of park managers within a specified geographic region of the state.

(3) "Closed Area" means a park or portion of a park that the public is prohibited from entering. Closures will be identified by signs in the park and notices placed on the state park website.

(4) "Commission" means the Oregon State Parks and Recreation Commission.

(5) "Dawn" means 30 minutes prior to sunrise as calculated by the U.S. Naval Observatory.

(6) "Department" means the Oregon State Parks and Recreation Department.

(7) "Director" means the department director.

(8) "Domestic Animals" are those animals whose food and shelter are provided by a human custodian.

(9) "Dusk" means 30 minutes after sunset as calculated by the U.S. Naval Observatory.

(10) "Enforcement Officer" means a peace officer or park employee specifically designated by the director under ORS 390.050 to investigate observed or reported state park rule violations and to issue oral or written warnings or citations to enforce state park rules.

(11) "Handler" means any person who either brings a domestic animal into a park property or keeps a domestic animal at a park property.

(12) "Motorized Vehicle" means any vehicle being powered by an engine or motor which is capable of transporting a person.

(13) "Other power-driven mobility device" means any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning defined in section (26) below.

(14) "Park Property" means any state park, natural area, wayside, corridor, scenic area, monument, historic structure or area, trail, greenway, or recreation area under the jurisdiction of the department.

(15) "Park Employee" means an employee of the department while on duty.

(16) "Park Manager" means the supervisor or designated employee in charge of a park property.

(17) "Park Resource" means any natural feature, wildlife, vegetation, water, cultural artifact, archaeological remains, or human-made structure or feature of a park area.

(18) "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.

(19) "Person" includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality, or a non-profit entity.

(20) "Public" includes all persons visiting or intending to visit a park property that are not park employees.

(21) "Service Animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler's disability. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

(22) "State Park Rules" mean the rules, regulations, restrictions, prohibitions, or limitations established by this division for the use or protection of park properties.

(23) "State Park Website" means the internet resource with the host name http://www.oregon.gov/OPRD/Parks/ and its associated links.

(24) "Violate" includes failure to comply.

(25) "Visitor" means any member of the public who arrives at or is present at a park property.

(26) "Wheelchair" means a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion.

(27) "Electric assisted bicycle" means any vehicle as defined under ORS 801.258.

(28) "Other Agency" means local, state, federal or tribal government entity that provides mental health, law enforcement or human services.

Or. Admin. Code § 736-010-0015

1 OTC 17, f. & cert. ef. 12-20-73; 1 OTC 23, f. & cert. ef. 2-19-74; 1 OTC 56(Temp), f. & cert. ef. 4-4-75; 1 OTC 59, f. 8-1-75, cert. ef. 8-25-75; 1 OTC 74, f. & ef. 4-30-76; 1 OTC 2-1980, f. & cert. 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; PRD 2-2011(Temp), f. & cert. ef. 3-24-11 thru 9-15-11; SSP 23-2011(Temp), f. & cert. ef. 8-1-11 thru 1-27-12; PRD 4-2011, f. & cert. ef. 8-1-11; PRD 2-2013, f. & cert. ef. 7-19-13; PRD 8-2018, amend filed 06/14/2018, effective 6/14/2018; PRD 3-2024, amend filed 02/28/2024, effective 2/28/2024

Statutory/Other Authority: 390.124

Statutes/Other Implemented: ORS 390.050, 390.111 & 390.124