(a) "Interfere":
(A) Means to use force, violence or action that impedes a pesticide application by helicopter to forestland.
(B) Does not mean:
(i) The memorializing of pesticide application activities through photography, videotaping, audiotaping or other creation of an electronic record by a person on public property or on private property where the person has a lawful right to be present; or
(ii) Other activities to the extent that the activities are protected under the First Amendment to the United States Constitution or Article I, section 8, of the Oregon Constitution.
(b) "Nearby recipient" has the meaning given that term in ORS 527.786.
(2) A person that intentionally interferes with a pesticide application by helicopter to forestland commits an unclassified violation punishable by a fine of:
(a) $1,000, if during the five years before the date of the interference the person has not previously been found to have committed a violation under this section; or
(b) $5,000, if not more than five years before the date of the interference the person was found to have committed a violation under this section.
(3) For purposes of this section, there is a conclusive presumption that interference is intentional if performed by a nearby recipient who was sent information under ORS 527.790 (3) concerning the pesticide application. [2020 s.s.1 c.16 ยง15]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 527 - Pest Control; Forest Practices
Section 527.310 - Definitions for ORS 527.310 to 527.370.
Section 527.315 - Process components.
Section 527.346 - State Forester to assist owners unable to take action against pest.
Section 527.610 - Short title.
Section 527.620 - Definitions for ORS 527.610 to 527.770.
Section 527.630 - Policy; rules.
Section 527.650 - Forest practice committees; members; qualifications; appointment; terms.
Section 527.678 - Wildlife food plots; rules.
Section 527.683 - Notice of violation.
Section 527.685 - Civil penalty considerations; rules.
Section 527.687 - Civil penalty procedure.
Section 527.714 - Types of rules; procedure; findings necessary; rule analysis.
Section 527.740 - Harvest type 3 limitations; exceptions.
Section 527.745 - Reforestation of certain harvest types; adoption of standards; rules.
Section 527.750 - Exceeding harvest type 3 size limitation; conditions; rules.
Section 527.755 - Scenic highways; visually sensitive corridors; operations restricted; exemptions.
Section 527.760 - Reforestation exemptions for land use changes.
Section 527.765 - Best management practices to maintain water quality; rules.
Section 527.780 - Exemption from liability for trees or debris left on property.
Section 527.785 - Exemption from liability for large woody debris left on property.
Section 527.786 - Definitions.
Section 527.787 - Registering to receive notice of pesticide application.
Section 527.788 - Notice to State Forestry Department of proposed pesticide application.
Section 527.789 - Notice to nearby recipient of proposed pesticide application.
Section 527.790 - Notice to State Forestry Department prior to pesticide application.
Section 527.791 - Verifying completion of pesticide application.
Section 527.792 - Designation of forestland units.
Section 527.793 - Failure to send notice; penalties.
Section 527.794 - Department reporting system.
Section 527.795 - Daily spray records; penalties.
Section 527.796 - Interference with pesticide application; penalties.
Section 527.797 - Limitations on pesticide applications.
Section 527.798 - Reporting points of diversion.