Please remember that Austin Hot Springs Conservation Area is NOT OPEN to public access. The Conservation Area is currently closed to the public due to the dangerous conditions of the hot springs, and the Tribes’ Conservation Enforcement Rangers and Clackamas Sheriff’s Office monitors the Area. The Area has been entered into the Sheriff Exclusion Program which is a resource that property owners or persons in charge (i.e.: managers, supervisors) can use to authorize Clackamas County Sheriff’s Office deputies to act on their behalf to enforce Oregon trespass laws. Frequent trespass is known to occur, but many citations have been issued. No Trespassing signs are posted at the site. There are no legal ways to access these hot springs, so please use other hot springs that are open to the public in the region.

The following are the exact laws, definitions, and consequences for a person who trespasses on private property in Oregon:

CRIMINAL TRESPASS IN THE FIRST DEGREE: ORS 164.255

 

  • A person commits the crime of criminal trespass in the first degree if the person:
    1. Enters or remains unlawfully in a dwelling;
    2. Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;
    3. Enters or remains unlawfully upon railroad yards, tracks, bridges, or rights of way; or
    4. Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 (purpose) to 453.912 (governmental immunity from liability).
  • Subsection (1)(d) of this section does not apply to the owner of record of the premises if:
    1. The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;
    2. The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and
    3. The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.
  • Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]

 

CRIMINAL TRESPASS IN THE SECOND DEGREE: ORS 164.245

  • A personal commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.
  • Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

(www.oregonlegislature.gov/bills_laws/ods/ORS164)

The Sheriff’s Office and the Confederated Tribes of Warm Springs maintain a trespasser database which contains information about first time and second time trespassers in addition to the date and time that trespassing occurred.

We, the Tribes, and the Sheriff’s Office ask that you respect the closure of the hot springs and the rest of the property for fish and wildlife protection as well as safety for the public.

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