(2) Before beginning any action under subsection (1) of this section, a person other than the director shall provide to the director 60 days’ notice of the intended action. A person other than the director may not begin an action under subsection (1) of this section if the director has commenced and is diligently prosecuting civil, criminal or administrative proceedings in the same matter.
(3) The director may institute an action in the name of the State of Oregon for a temporary restraining order or preliminary injunction if a threatened or existing public nuisance under ORS 390.661 creates an emergency that requires immediate action to protect the public health, safety or welfare. The director shall not be required to furnish a bond in such proceeding.
(4) The State Parks and Recreation Commission, the State Parks and Recreation Director and the employees or duly authorized representatives of the State Parks and Recreation Department shall not be liable for any damages a defendant may sustain as a result of an injunction, restraining order or abatement order issued under this section.
(5) A case filed under this section shall be given preference on the docket over all other civil cases except those given an equal preference by statute.
(6) In any action brought under this section, the plaintiff may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from an existing public nuisance under ORS 390.661. Any money received by the plaintiff under this subsection shall be deposited in an account of the State Parks and Recreation Department for use by the department in administering the ocean shore program. [1999 c.373 §15]
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails
Section 390.005 - Definitions.
Section 390.010 - Policy of state toward outdoor recreation resources.
Section 390.060 - Definitions for ORS 390.060 to 390.067.
Section 390.063 - Lottery bonds for state park projects.
Section 390.065 - Findings; use of Oregon State Lottery proceeds.
Section 390.111 - Creation of department; jurisdiction and authority.
Section 390.114 - State Parks and Recreation Commission.
Section 390.117 - Commission officers; meetings; function; delegation of authority.
Section 390.121 - Powers of commission.
Section 390.122 - Requirements for establishing priorities for acquisition.
Section 390.127 - State Parks and Recreation Director; appointment; compensation.
Section 390.131 - Duties of director.
Section 390.135 - Parks Subaccount; sources; uses.
Section 390.137 - State Parks and Recreation Department Operating Fund.
Section 390.139 - Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers.
Section 390.140 - Powers and duties of State Parks and Recreation Director.
Section 390.144 - Rules for ORS 390.143.
Section 390.153 - Parks Donation Trust Fund; sources; uses.
Section 390.182 - Statewide accessibility design standards for recreation projects.
Section 390.190 - Revolving fund.
Section 390.200 - Authority of department to require fingerprints.
Section 390.230 - Fort Stevens Military Reservation; Clatsop Spit.
Section 390.231 - Development of Crissey Field as state park.
Section 390.232 - Tax on government camping and recreational vehicle spaces.
Section 390.240 - Mediation and arbitration of disputes; rules.
Section 390.241 - Office of Outdoor Recreation; duties; report.
Section 390.242 - Associate Director of Outdoor Recreation; appointment; compensation; duties.
Section 390.243 - Outdoor Recreation Advisory Committee.
Section 390.245 - Commemorative coins authorized; sale; use of proceeds.
Section 390.247 - Design; contracted services.
Section 390.255 - Use of funds to acquire land interests; conditions of grants.
Section 390.264 - Oregon Main Street Revitalization Grant Program Fund.
Section 390.270 - Definitions for ORS 390.270 to 390.290.
Section 390.275 - Purpose of ORS 390.270 to 390.290.
Section 390.290 - Schedule for reimbursement of local governing bodies.
Section 390.292 - Willamette Falls Park Fund.
Section 390.300 - Tillamook Forest Recreation Trust Account; sources; uses.
Section 390.303 - Reconnect Forest Park Fund.
Section 390.305 - Salmonberry Trail; plan; coordination.
Section 390.307 - Salmonberry Trail Trust Fund.
Section 390.308 - Oregon Coast Trail; plan; coordination; report.
Section 390.310 - Definitions for ORS 390.310 to 390.368.
Section 390.314 - Legislative findings and policy.
Section 390.318 - Preparation of development and management plan; content of plan.
Section 390.400 - Public electric vehicle charging stations.
Section 390.405 - Parks and Recreation Transportation Electrification Fund.
Section 390.550 - Definitions.
Section 390.555 - All-Terrain Vehicle Account; sources.
Section 390.560 - Uses of All-Terrain Vehicle Account.
Section 390.565 - All-Terrain Vehicle Advisory Committee; appointment; term; duties.
Section 390.577 - Class IV all-terrain vehicle operator permit; rules; fees.
Section 390.580 - All-terrain vehicle operating permit; rules; application; fees; renewal.
Section 390.605 - Definitions.
Section 390.620 - Pacific shore not to be alienated; judicial confirmation.
Section 390.630 - Acquisition along ocean shore for state recreation areas or access.
Section 390.632 - Public access to coastal shorelands.
Section 390.640 - Permit required for improvements on ocean shore; exceptions.
Section 390.650 - Improvement permit procedure; fee; waiver or reduction.
Section 390.655 - Standards for improvement permits.
Section 390.674 - Imposition of civil penalties.
Section 390.676 - Schedule of civil penalties; factors to determine amount; rules.
Section 390.725 - Permits for removal of products along ocean shore; rules.
Section 390.729 - Permits for operation of all-terrain vehicles on ocean shore.
Section 390.760 - Exceptions from vegetation line.
Section 390.770 - Vegetation line described.
Section 390.805 - Definitions for ORS 390.805 to 390.925.
Section 390.826 - Designated scenic waterways.
Section 390.827 - Effect of ORS 390.826 on rights of Indian tribes.
Section 390.851 - Activities prohibited on parts of Deschutes River without pass; exceptions.
Section 390.855 - Designation of additional scenic waterways.
Section 390.930 - Definitions for ORS 390.930 to 390.940.
Section 390.938 - Guidelines for management and development.
Section 390.965 - Hearing required; information to be considered.
Section 390.968 - Selection of rights of way for trails.
Section 390.971 - Department duties and powers; rules.
Section 390.992 - Civil penalties.
Section 390.995 - Criminal penalties.
Section 390.997 - Penalties for violation of ORS 166.155 or 166.165.