OAR 736-010-0026: Operator-Propelled Vehicles, Cycles or Similar Devices

(1) Violation of this rule is a Class D violation, unless park resources are damaged resulting in a Class A violation. (2) Any areas open to pedestrian and bicycle use may be accessed by persons with mobility disabilities by using any of the following: (a) wheelchairs and manually powered mobility aids, designed for use by individuals with mobility related disabilities; (b) OPDMD, unless there is a legitimate safety reason that the OPDMD cannot be accommodated. A legitimate safety reason shall be assessed by a park manager under OAR 736-010-0025(11), ADA reference, and by using the following criteria: (A) the type, size, weight, dimensions, and speed of device; (B) the facility’s volume of pedestrian traffic (which may vary at different times of the day, week, month or year); (C) the facility’s design and operational characteristics (e.g., whether its business is conducted indoors or outdoors, its square footage, the density and placement of furniture and other stationary devices, and the availability of storage for the OPDMD if needed and requested by the user); (D) whether legitimate safety requirements, such as limiting speed to the pace of pedestrian traffic, can be established to permit the safe operation of the OPDMD in the specific facility; and (E) whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment or natural, cultural, or historic resources, or poses a conflict with federal land management laws and regulations. (3) A person operating a bicycle, electric-assisted bicycle, skateboard, scooter, roller- or inline skate, or other wheeled, operator-propelled equipment that transports the operator on land must comply with the following: (a) Motor vehicle and bicycle regulatory signs posted in park properties, (b) Persons under 16 years of age are required to wear protective headgear, as provided by ORS 814.487 and 814.534. (c) Persons under 16 years of age must follow other requirements outlined under ORS 807.020. (A) In the event that a person under 11 years of age violates this subsection, the notice of violation shall be issued to the person's parent, legal guardian or person with legal responsibility. (B) In the event that a person is at least 12 years of age and is under 16 years of age violates this subsection, the notice of violation may be issued to the violator or that person's parent, legal guardian or person with legal responsibility, but not to both. (d) Restrict speed and manner of operation to a reasonable and prudent practice relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other park users. This includes: (A) Yielding the right-of-way to pedestrians, equestrians and animals; (B) Dismounting and walking in congested areas and posted walk zones; (C) Slowing down to safe passing speed and making presence well known in advance and using caution when overtaking other persons, equestrians or animals; (D) Displaying adequate lighting during the hours of darkness where riding is permitted after dark, in compliance with ORS chapters 814 to 816; (E) Using caution when approaching turns or areas of limited sight distance and other concerns such as congestion, road crossings, low light, rough or uneven surfaces; (F) Not disturbing or harassing wildlife as provided in OAR 736-010-0055; (G) Operating in compliance with any additional requirements identified in ORS 814.488 when on public roads accessible by motor vehicles; and (H) Prohibit reckless behavior as defined under ORS 161.085, while riding and using bicycles and electric assisted bicycles on park property (4) A person may operate bicycles, non-motorized cycles or similar devices on roads and trails at any park property, except where designated to specifically prohibit or conditionally restrict such activity. (5) A person may operate an electric assisted bicycle on roads at any park property except where designated to specifically prohibit or conditionally restrict such activity. (6) A person may operate an electric assisted bicycle on trails at any park property where bicycles are allowed except where designated to specifically exclude, prohibit or conditionally restrict such activity as determined by the District Manager, based on an evaluation of factors related to the use of these devices including, but not limited to, the degree of conflict with other users, public safety, or damage to park resources. (7) The director or designee may open or close roads and trails to the operation of non-motorized cycles, electric assisted bicycles, or similar devices, based on an evaluation of factors related to the use of these devices including, but not limited to, the degree of conflict with other users, public safety, or damage to park resources. (8) A person may not operate non-motorized cycles, electric assisted bicycles, scooters, or similar devices in those portions of a park property listed below, except where authorized by the director and posted specifically or conditionally to allow such activities: (a) Off roads or off trails; (b) Within designated historic or natural areas, natural forest areas, or natural area preserves except on roads or trails; (c) On docks, piers, floats and connecting ramps; and (d) In areas specifically designated as free from this use.