Oregon Statutes 477.365 – Duties and powers of wardens
(1) Under instructions from the forester as to their exercise of state authority, all wardens shall:
Terms Used In Oregon Statutes 477.365
- clearing: means any grassland, improved area, lake, meadow, mechanically or manually cleared area, road, rocky area, stream or other similar forestland opening that is surrounded by or contiguous to forestland and that has been included in areas classified as forestland under ORS § 526. See Oregon Statutes 477.001
- Every reasonable effort: means the use of the reasonably available personnel and equipment under the supervision and control of an owner or operator, which are needed and effective to fight the fire in the judgment of the forester and which can be brought to bear on the fire in a timely fashion. See Oregon Statutes 477.001
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fire season: means a period designated pursuant to ORS § 477. See Oregon Statutes 477.001
- Forester: means the State Forester or authorized representative. See Oregon Statutes 477.001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operation: means any industrial activity, any development or any improvement on forestland inside or within one-eighth of one mile of a forest protection district, including but not limited to the harvesting of forest tree species, the clearing of land, the use of power-driven machinery and the use of fire, excluding, however, the culture and harvesting of agricultural crops. See Oregon Statutes 477.001
- Operator: means any person who, either personally or through employees, agents, representatives or contractors, is carrying on or has carried on any operation. See Oregon Statutes 477.001
- Owner: means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land. See Oregon Statutes 477.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State Forester: means the person appointed State Forester pursuant to ORS § 526. See Oregon Statutes 477.001
- Warden: means a fire warden appointed under ORS § 477. See Oregon Statutes 477.001
(a) Take proper steps for the prevention and extinguishment of fires within the localities in which they exercise their functions.
(b) Control the use of fire for clearing land during fire season, as provided by ORS § 477.505 to 477.520.
(c) Make such reports of their work and conditions within their localities as may be requested by the forester.
(d) Have the power of peace officers to make arrests or issue citations pursuant to ORS § 477.985 for violation of this chapter or rules or orders adopted pursuant thereto.
(e) Enter upon the lands of any owner only in the discharge of their fire prevention and suppression duties, provided that in so entering they exercise due care to avoid doing damage.
(f) Investigate the causes of fires and may secure a fire origin area, at any time, for the purpose of preserving evidence and conducting an investigation pertinent to this chapter and control, restrict or prohibit access by any unauthorized person so long as is reasonably necessary in the judgment of the warden.
(g) Make a written determination, on a form prescribed by the State Forester, of the personnel and equipment reasonably available to an owner or operator who is required to make every reasonable effort pursuant to ORS § 477.120 (5) and revise such determination as frequently as is necessary in the judgment of the warden.
(h) Make a written determination, on a form prescribed by the State Forester, of the use of any power-driven machinery in any operation pursuant to ORS § 477.670 and revise such determination as frequently as is necessary in the judgment of the warden.
(2) The forester, or any warden coming under the jurisdiction of the forester, may administer oaths in investigations of violations of this chapter and the preparation of reports thereon. [Formerly 477.012; 1971 c.743 § 388; 1993 c.697 § 4; 1997 c.274 § 9; 2003 c.14 § 316]
[Formerly 477.014; 1987 c.158 § 104; repealed by 1997 c.274 § 55]
[1965 c.253 § 91; repealed by 1997 c.274 § 55]
[1965 c.253 § 77; repealed by 1967 c.429 § 23 (477.406 enacted in lieu of 477.405)]
COOPERATIVE CONTRACTS
OR AGREEMENTS