71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2537
 
                         House Bill 2855
 
Sponsored by Representative KRIEGER; Representatives ACKERMAN,
  BARNHART, BATES, BOWMAN, DOYLE, GARRARD, HANSEN, JOHNSON,
  KNOPP, KRUSE, LEONARD, MARCH, MERKLEY, MORGAN, NELSON,
  PATRIDGE, RINGO, ROSENBAUM, SCHRADER, SHETTERLY, P SMITH, T
  SMITH, VERGER, C WALKER, WESTLUND, WILLIAMS, WINTERS, WITT,
  Senators MESSERLE, SHIELDS, STARR, TROW, YIH (at the request of
  Oregon Forest Industries Council)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows landowners to close private premises to motor-propelled
vehicles for purposes of protecting water quality.  Directs State
Forestry Department and State Department of Fish and Wildlife to
notify interested parties of closures. Allows State Forester to
issue citation for violation of closure.
  Punishes offense of unlawfully operating or riding upon or
within motor-propelled vehicle upon closed, privately owned
premises by maximum fine of $600.
 
                        A BILL FOR AN ACT
Relating to road closures; creating new provisions; and amending
  ORS 164.270.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A landowner or an agent of the landowner
may forbid travel by motor-propelled vehicle upon the landowner's
private premises in order to protect water quality by posting
notice in the manner provided in ORS 164.270.
  (2) Persons closing premises under this section may consult
with the State Forestry Department and the State Department of
Fish and Wildlife to identify roads and lands that may be
appropriate for closure to the public.
  (3) The State Forestry Department or the State Department of
Fish and Wildlife, if consulted under this section, shall notify
interested parties of the closure and the penalty for violating
the closure.
  (4) The State Forester may issue and serve a citation upon any
person in violation of a premises closure in the manner provided
in ORS 164.270. + }
  SECTION 2. ORS 164.270 is amended to read:
  164.270. (1) For purposes of ORS 164.245, a landowner or an
agent of the landowner may close the privately owned premises of
the landowner to motor-propelled vehicles by posting signs on or
near the boundaries of the closed premises at the normal points
of entry as follows:
 
  (a) Signs must be no smaller than eight inches in height and 11
inches in width;
  (b) Signs must contain the words 'Closed to Motor-propelled
Vehicles' or words to that effect in letters no less than one
inch in height;
  (c) Signs must display the name, business address and phone
number, if any, of the landowner or agent of the landowner; and
  (d) Signs must be posted at normal points of entry and be no
further apart than 350 yards.
    { - (2) A person violates ORS 164.245 if the person operates
or rides upon or within a motor-propelled vehicle upon privately
owned premises when the premises are posted as provided in this
section and the person does not have written authorization to
operate a motor-propelled vehicle upon the premises. - }
   { +  (2) Unlawfully operating or riding upon or within a
motor-propelled vehicle upon closed, privately owned premises is
a Class A violation. + }
  (3) Nothing contained in this section prevents emergency or law
enforcement vehicles from entering upon land closed to
motor-propelled vehicles.
                         ----------