OAR 736-010-0015: Definitions

As used in this division, unless the context requires otherwise: (1) “Bicycle” means a vehicle as defined in ORS 801.150. (2) “Boat” means all watercraft as defined in ORS 830.005(2). (3) “Camping” means the setting up of a tent or shelter, preparing bedding for use, parking of a motor vehicle, recreational vehicle, or other similar equipment or mooring of a vessel for the purpose of overnight occupancy. (4) “Camping Unit” means a tent, camper, camping trailer, recreational vehicle, or other shelter designed to be used as a personal living space while camping. (5) “Closed Area” means a park or portion of a park that the public is prohibited from entering. Closures will be identified by signs at the park, notices placed on the state park website, or by verbal instruction from park staff. (6) “Criminal Trespass” means the crime of remaining or unlawfully re-entering a park property during the period of time in which a violator has been ordered to leave, or be excluded. Criminal trespass in the second degree, ORS 164.245, is a Class C misdemeanor, citable only by law enforcement. (7) "Commission" means the Oregon State Parks and Recreation Commission. (8) “Dawn” means 30 minutes prior to sunrise as calculated by the National Oceanic and Atmospheric Administration. (9) “Day Use” means those activities which are authorized to occur in an area between dawn and dusk. (10) “Day Use Area” is a park property or portion of a park property that the department has designated for day use only. (11) "Department" means the Oregon State Parks and Recreation Department. (12) “Designate” means administratively assigned and approve for a specific status or activity. (13) "Director" means the department director. (14) "District Manager" means the immediate supervisor of park managers within a specified geographic region of the state. (15) “Domestic Animals” means an animal, other than livestock or equines, that is owned or possessed by a person. (16) “Dusk” means 30 minutes after sunset as calculated by the National Oceanic and Atmospheric Administration. (17) "Electric assisted bicycle" means class 1, class 2 and class 3 electric assisted bicycles as defined under ORS 801.258. Electric assisted bicycles that do not fit under the classifications as outlined under ORS 801.258 or have been modified out of the classification criteria, will be considered “Motor Vehicles” as defined below, and only allowed where motor vehicles are allowed. (18) "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. (19) “Exclusion” means the administrative action that prohibits a violator from entering a specific park property, or properties for a specific period of time of one month or more. The violator may appeal the exclusion. (20) “Handler” means any person who either brings a domestic animal or livestock into a park property or keeps a domestic animal at a park property. (21) “Highway” means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right, as describe in ORS 801.305. (22) “Livestock” means birds, avians, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, domesticated fowl and any fur-bearing animal bred and maintained commercially or otherwise, within pens, cages and hutches. (23) “Motor Vehicle” means a vehicle that is self-propelled or designed for self-propulsion as defined in ORS 801.360. (24) “Order to Leave” means the administrative action that orders a violator to leave a specific park property, or properties, for up to 72 hours (3 nights). (25) "Other Agency" means local, state, federal, or tribal government entity that provides mental health, law enforcement, or human services. (26) “Other power-driven mobility device” or “OPDMD” means any mobility device powered by batteries, liquid 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, e-assisted bicycles, 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 (48) below. (27) “Overnight facility” means everything within the campground including showers, campsites, cabins, yurts, parking areas associated with camping and other facilities for use by overnight visitors. (28) “Pack Animal” means equines, llamas, alpacas, and goats. (29) "Park Property" means any state park, natural area, greenway, wayside, corridor, scenic area, monument, historic structure or area, trail, or recreation area under the jurisdiction of the department. (30) "Park Employee" means an employee of the department while on duty. (31) "Park Manager" means the supervisor or designated employee in charge of a park property. (32) "Park Resource" means any natural feature, wildlife, vegetation, water, cultural artifact, archaeological remains, or human-made structure or feature of a park area. (33) "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. (34) "Person" includes individuals, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality, or a non-profit entity. (35) “Public” includes all persons visiting or intending to visit a park property that are not park employees. (36) “Public Indecency” has the meaning defined in ORS 163.465. (37) “Recreational Vehicle (RV)” means motor vehicles, campers or trailers or similar type vehicles with living areas intending for temporary sleeping including vehicles converted to serve this purpose, such as sprinter vans, buses, and utility trailers. (38) “Service Animal” means any dog or miniature horse 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. (39) “State Park Rules” mean the rules, regulations, restrictions, prohibitions, or limitations established by this division for the use or protection of park properties. (40) “State Park Website” means the internet resource with the host name http://www.oregonstateparks.org and its associated links. (41) “UAS Operation Area” means a specific site or zone within a park property designated by the department and shown on an official map published on the department’s website, where an unmanned aircraft system may be operated from, in accordance with conditions established by the department. In accordance with Federal Aviation Administration regulations, the department does not regulate UAS while in flight. (42) “UAS Pass” means a department authorization allowing one unmanned aircraft system to operate within a designated UAS Operation Area on a specific date indicated on the pass. (43) “Unmanned Aircraft System” has the meaning provided in ORS 837.300(4). (44) "Violate" includes failure to comply. (45) “Violator” means a person or visitor who violates any state park rule, federal, state, county, or city law; or court order while on state park property. (46) “Visitor” means any member of the public who arrives at or is present at a park property. (47) “Wildlife” means fish, shellfish, amphibians and reptiles, wild birds and other wild mammals. (48) “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.