Oregon Statutes 830.270 – Notice to board on noise violation charge; board to supply information to court; suspension of certificate
(1) Before hearing any charge for violation of ORS § 830.260, a court shall notify the State Marine Board of the name of any person cited for violation of ORS § 830.260 and the number of any boat used in the alleged violation.
Terms Used In Oregon Statutes 830.270
- Board: means the State Marine Board. See Oregon Statutes 830.005
- Boat: means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes. See Oregon Statutes 830.005
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) Upon receipt of a notification under subsection (1) of this section, the board shall:
(a) Notify the court of whether the person cited is the owner of the boat; and
(b) If the person is not the owner of the boat, notify the boat owner that the certificate of number of the boat will be suspended under ORS § 830.815 if the person cited for operating the boat is convicted and there is no evidence to satisfy the court that the boat has been brought into compliance with standards for sound levels established by the board for purposes of ORS § 830.815.
(3) At a hearing for violation of ORS § 830.260, the court shall allow the owner of the boat used in the violation to show that the boat has been brought into compliance with standards for sound levels established by the board.
(4) If a court finds that a person has operated a boat in violation of ORS § 830.260, the court shall provide the board with information necessary to suspend the certificate of number for the boat under ORS § 830.815 unless evidence has been presented to the satisfaction of the court that the boat has been brought into compliance with the standards for sound levels established by the board. [Formerly 488.055]
BOATING OPERATIONS