justicedao/ipfs_state_laws huggingface dataset:
250-010-0235 Discontinuance and Removal of Waterway Markers (1) Any permitted waterway marker may be discontinued and removed by the permittee. Upon completion of the removal of the marker, the permitee shall notify the Marine Board in writing within 30 days. (2) If the statute or rule supporting a regulatory marker is amended, the permittee must relocate or otherwise modify those waterway markers placed by the permittee in order to implement the statute or rule, within 30 days of notification from the Marine Board. (3) If the statute or rule supporting a regulatory marker is repealed, the permittee shall remove from the waters of this state all regulatory markers the permittee placed that correspond to the repealed statute or rule, within 30 days of notification from the Marine Board of the rule or statute repeal. (4) The Marine Board or any peace officer charged with the enforcement of OAR Chapter 250 may remove, or cause the removal of, any marker found in violation of OAR Chapter 250, or that does not conform to the permit authorizing the placement of the marker, if the violation is not corrected within 30 days following notification of the permittee of the violation. Waterway markers that create an unreasonable hazard to navigation may be removed immediately. (5) Non-conforming or non-permitted waterway markers removed from the waterway remain the property of the owner. Reoccurring removals of non-conforming or non-permitted markers may result in permanent seizure and will be disposed of in accordance with ORS 98.245. (6) The permittee may appeal the decision to remove non-conforming or non-permitted waterway markers to the Board. Requests for Board review must be in writing within 30 days of the removal action. Any person aggrieved by a decision of the Board regarding the issuance or denial of a waterway marker permit is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS Chapter 183. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: 830.110 History: OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
250-010-0240 Characteristics of Waterway Markers (1) Channel markers shall be designated as follows: (a) A solid red marker shall indicate that side of a channel to be kept to the right of a vessel when entering the channel from the main water body; (b) A solid green marker shall indicate that side of a channel to be kept to the left of a vessel when entering the channel from the main water body; (c) A red and white vertically striped marker shall indicate the center of a navigable channel. (2) Informational and regulatory markers shall contain the symbols and messages as follows: (a) A diamond shape of international orange with white center shall be used to indicate danger from natural or man-made hazard. The nature of the hazard may be indicated by words or well-known abbreviations in black letters inside the diamond shape, or above and/or below it on white background. Common messages include Danger, Rocks, and Low Water. (b) A diamond shape of international orange with a cross of the same color within it against a white center shall be used to indicate a water zone where vessels may not enter. Any words or well-known abbreviations must be in black letters above and/or below the shape on white background. Common messages include Exclusion Zone, No Entry, Swim Area, and No Boats. (c) A circle of international orange with white center shall be used to indicate water zone within which a control or restriction is imposed upon operation of vessels and/or use of the zoned area. The nature of the control shall be indicated by words, numerals, or well-known abbreviations in black letters inside the circular shape, or above and/or below it. Common messages include Slow No Wake, speed restrictions, and motor type restrictions. (d) A rectangular shape of international orange with white center may be used to convey other information of an official nature which will contribute to the health, safety, and well-being of boaters using the state's waters. The message will be presented within the shape in black letters. Common messages include Marina Entrance, Wildlife Refuge, services, and other general information. (3) Markers may be numbered for identification. In the case of channel markers, red markers will be identified with even numbers and green markers with odd numbers Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: Renumbered from 250-010-0180 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15 MB 7-1984, f. 2-14-84, ef. 2-15-84 MB 19, f. 2-20-63
250-010-0245 Buoy Standards (1) Buoys must meet the following specifications for design and construction: (a) Be a commercial available design approved by the Marine Board; (b) Be self-righting; (c) Have a durable hard plastic shell; (d) Have internal foam floatation and a ballast system. (2) Calm water buoys must conform to the following minimum dimensions: (a) The minimum height above the waterline must be 34 inches; (b) The minimum diameter must be 8 inches. (3) Fast water buoys must conform to the following minimum dimensions: (a) The minimum height above the waterline must be 36 inches; (b) The minimum can diameter must be 10 inches; (c) The minimum float collar base diameter must be 21 inches (4) When a buoy is used as an informational or regulatory marker, it shall: (a) Be white with horizontal bands of international orange placed completely around the buoy circumference. One band shall be at the top of the buoy body, with a second band placed just above the water line of the buoy so that both international orange bands are clearly visible to approaching vessels. The area of the buoy body visible between the two bands shall be white; (b) Contain the symbols and messages described in 250-010-240(2)(a)–(d) placed in the center of the display area, between the horizontal bands. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: Renumbered from 250-010-0175 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15 MB 19, f. 2-20-63
250-010-0255 Sign Standards (1) Signs shall be made of materials which will retain, despite weather and other exposure, the characteristics essential to their basic significance, such as color, shape, legibility, and position. Acceptable materials include: (a) 0.080” aluminum; (b) Fluted twin wall corrugated plastic sheet; or (c) Other materials as approved by request to the Marine Board. (2) The size of a display area shall be as required by circumstances, except no display area shall be smaller than 24 inches in height by 18 inches in width. (3) When a sign is used as an informational or regulatory marker it shall: (a) Be rectangular in shape and have a white background; (b) Contain the symbols and messages described in 250-010-240(2)(a)–(d) placed in the center of the display area. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: Renumbered from 250-010-0190 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15 MB 19, f. 2-20-63
250-010-0260 Standards for Letter or Numeral Elements of Markers Letters, numerals, or figures used with the marker symbol shall be black, and in block characters of good proportion, and spaced in a manner which will provide maximum legibility. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: Renumbered from 250-010-0195 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15 MB 19, f. 2-20-63
250-010-0265 Standards for Mooring Buoys In order that mooring buoys shall not be mistaken for waterway markers, they shall be white with a blue band clearly visible above the water line, except those in officially designated mooring areas. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: Renumbered from 250-010-0205 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15 MB 19, f. 2-20-63
250-010-0270 Standards for Swim Area Markers (1) Only swim areas established by a public body in statute, rule or ordinance shall be considered marked swimming areas under ORS 830.345(2). (2) Swim area markers must include regulatory buoys or signs at the corners of the designated swim area that display the message “swim area” and a diamond shape of international orange with a cross of the same color within it against a white background. The regulatory buoys or signs must be connected by a visible floating line to demarcate the boundaries of the swim area. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: 830.110 & 830.345 History: OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
250-010-0275 The "Divers" Flag (1) A red flag with a white diagonal running from the upper left hand corner to the lower right hand corner (from mast head to lower outside corner) and known as the "Diver Flag" shall, when displayed on the water, indicate the presence of a diver submerged in the immediate area. (2) Recognition of this flag by regulation will not be construed as conferring any rights or privileges on its users, and its presence in a water area will not be construed in itself as restricting the use of the water area so marked. (3) Operators of vessels engaged in diving operations shall comply with OAR 250-011-0140 as required. (4) Operators of transiting vessels shall exercise caution commensurate with conditions indicated when in the vicinity of indicated diving operations. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: Renumbered from 250-010-0210 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15 MB 11-1984, f. 8-13-84, ef. 8-14-84 MB 8-1983, f. 11-29-83, ef. 12-1-83 MB 19, f. 2-20-63
250-010-0300 Floating Home/Boathouse Registration and Titling; Definitions (1) "Board" means the Oregon State Marine Board. (2) "Boathouse" means a covered structure on floats or piles used for the protected moorage of boats. (3) "Floating Home" means a moored structure that is secured to a pier or pilings and is used primarily as a domicile and not as a boat. (4) "Owner" means a person or persons who have a property interest other than a security interest in a floating home or boathouse, and the right of use or possession of the floating home or boathouse, but does not include a lessee. (5) "Ownership" means a property interest other than a security interest. (6) "Person" means an individual, partnership, firm, corporation, association, or other entity. (7) "Security Interest" means an interest reserved or created by agreement which secures payment or performance of an obligation as more particularly defined by subsection (37) of ORS 71.2010. (8) "Waters of This State" means all waters within the territorial limits of this state, the marginal sea adjacent to this state, and the high seas when navigated as a part of a journey or ride to and from the shore of this state. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.850 History: OSMB 9-2007, f. & cert. ef. 7-2-07 MB 1-1978, f. & ef. 4-5-78
250-010-0310 Certificate of Registration and Title for a Floating Home or Boathouse (1) The application shall be made on a form furnished by the Board and mailed directly to the Oregon State Marine Board or presented in person with the required fee. (2) Application forms shall be available at the office of the Board. (3) The Certificate of Registration shall contain ownership data, location, and property description. The certificate of title shall contain ownership data, transfer of ownership data, location, and property description. (4) With each Certificate of Registration issued by the Board, there shall be issued one registration plate. The plate shall be placed on the structure near the electric meter, to be clearly visible from the access walkway. If a meter is not on the premises, or if it is located in an area that is not accessible, the registration plate shall be placed on the structure in an area that is clearly visible from the access walkway. (5) The numbers on the plate will correspond with the registration serial number issued by the Board on the original application. The plate color will be white background with green numbers and so maintained to be clearly visible and legible at all times. (6) When an application for a Certificate of Title indicates that the legal owner of the Floating Home/Boathouse is other than the principal owner, the title will be mailed to the legal owner. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.855 History: MB 1-1984, f. & ef. 1-5-84 Suspended by MB 10-1983(Temp), f. 11-29-83, ef. 12-1-83 MB 1-1978, f. & ef. 4-5-78
250-010-0320 Oregon Floating Home/Boathouse Registration Numbering System (1) The Floating Home/Boathouse numbering system adopted for use in the State of Oregon shall consist of the designator FH (Floating Home), BH (Boathouse), or C (Combination Floating Home/Boathouse). The assigned number will correspond to the identifying registration plate issued with the initial title or the replacement plate if applicable. NUMBERING EXAMPLES: (a) FH0001 through FH9999. (b) BH0001 through BH9999. (c) C0001 through C9999. (2) The title number will contain seven numeric characters preceded by an alpha letter upon issuance of the second title, beginning with the letter A and continuing through Z as subsequent titles are issued. TITLE NUMBERING EXAMPLES: Initial title 0000001 then A0000001 through Z9999999. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.870 History: OSMB 9-2007, f. & cert. ef. 7-2-07 MB 1-1978, f. & ef. 4-5-78
250-010-0325 Report of Transfer, Abandonment, or Wrecking of Floating Home/Boathouse or Change of Address (1) The owner of a Floating Home/Boathouse for which a valid identifying number has been awarded by this state shall notify the Board within 30 days of transfer of ownership. Abandonment or destruction of the structure also requires mailing the title to the Board within 30 days for cancellation. (2) Within 30 days after any change of address, the owner of a Floating Home or Boathouse shall report the change of location to the Board. (3) Title transfers received for processing 31 or more days after transfer, abandonment or destruction shall be assessed a late penalty fee of $25. All late penalty fees shall be in addition to the prescribed original issuance title fee. (4) The Board will waive the penalty fee for the following reasons: (a) The applicant did not have possession of the title or replacement title form; or (b) The person became physically or mentally incapacitated following the purchase of the vessel, directly preventing or making it impractical for the person to meet requirements for delivery of documents. (5) Examples of situations the Board shall consider to be beyond a person’s control include but shall not be limited to where: (a) The person is involved in an accident or suffers a debilitating illness, condition or occurrence immediately following the purchase of the vessel that prevents this person from conducting business for an extended time period following vessel purchase; (b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title. (6) Examples of situations the Board would not consider to be beyond a person’s control include but shall not be limited to situations where the: (a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale; (b) The applicant made no attempt to obtain the title or replacement title from the seller; (c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.710 History: MB 8-1992, f. & cert. ef. 6-16-92 MB 17-1987, f. 11-4-87, ef. 1-1-88 MB 1-1978, f. & ef. 4-5-78
250-010-0410 Definitions “Chemical Test/Chemical Analysis” means a quantitative analysis for alcohol by means of direct or indirect measurement of physiochemical technique performed on a sample of breath. Statutory/Other Authority: ORS 830.110 & 830.505 - 830.550 Statutes/Other Implemented: ORS 830.505 History: MB 4-1995, f. & cert. ef. 7-14-95 MB 2-1992, f. & cert. ef. 3-13-92
250-010-0420 Officer Report (1) The arresting officer shall, within ten days of the arrest of an operator for operating a boat while under the influence of intoxicants, complete and submit to the Board the following: (a) Operating Under the Influence Report; (b) Consent Report. (2) The Board shall publish and distribute in such form and content as required, report forms specified in subsections (1)(a) and (b) of this rule. Statutory/Other Authority: ORS 830.110 & 830.505 - 830.550 Statutes/Other Implemented: ORS 830.520 History: MB 4-1995, f. & cert. ef. 7-14-95 MB 2-1992, f. & cert. ef. 3-13-92
250-010-0430 Chemical Analyses (1) The chemical analysis of a person's breath for alcohol can be performed using breath testing equipment as approved under OAR 257-030-0040 (2) Accuracy testing of approved breath testing equipment shall be performed in accordance with OAR 257-030-0170. History: OSMB 14-2011, f. & cert. ef. 11-1-11 OSMB 2-2011, f. 1-14-11, cert. ef. 2-1-11 OSMB 3-2001, f.& cert. ef. 3-29-01 MB 2-1992, f. & cert. ef. 3-13-92
250-010-0650 Aquatic Invasive Species Prevention Permit (1) Operators of out-of-state motorboats and sailboats 12 feet in length or more that would be required to be registered in Oregon per ORS 830.790 must carry an out-of-state Aquatic Invasive Species Prevention Permit when in use on waters of the state. Out-of-state permits are transferrable between multiple motorized boats.(2) The name on the permit does not need to match the name of the person operating the boat. (2) An Aquatic Invasive Species Prevention Permit is required for motorized race boats which are owned by Oregon residents but that are otherwise exempt from registration under OAR 250-010-0150(2). (3) Boats required to carry permits must present their permit for inspection upon request by a law enforcement officer. (4) A person is considered in violation of the provisions contained in this rule and subject to the penalties prescribed by law when they: (a) Alter an aquatic invasive species prevention permit; or (b) Produce or possess an unauthorized replica of an aquatic invasive species prevention permit; or (c) Exhibit an altered Aquatic Invasive Species Prevention Permit to a peace officer. (5) The following vessels or classifications are exempt from the requirement to carry an Aquatic Invasive Species Prevention Permit: (a) A boat with a current Oregon certificate of number as required by ORS 830.770. (b) Motorboats and sailboats 12 feet in length or more registered in Washington or Idaho that launch directly into waters that form a common interstate boundary, or launch in Oregon tributaries within one mile of these waters, that have a current boat registration, Coast Guard documentation, or an aquatic invasive species prevention permit issued by the States of Idaho or Washington. (c) Boats owned by the federal government, or by a state, county, or municipal government. (d) Eleemosynary-owned boats which a supervising adult can confirm through documentation are engaged in an organization-related activity. (e) A ship’s lifeboat used solely for lifesaving purposes. (f) Seaplanes Statutory/Other Authority: ORS 830.110 & ORS 830.580 Statutes/Other Implemented: ORS 830.565, ORS 830.570 & ORS 830.575 History: OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023 OSMB 9-2019, amend filed 11/26/2019, effective 11/26/2019 OSMB 5-2017, amend filed 12/08/2017, effective 01/01/2018 OSMB 3-2012, f. & cert. ef. 3-14-12 OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12 OSMB 12-2011(Temp), f. & cert. ef. 8-18-11 thru 1-31-12 OSMB 3-2011, f. 1-14-11, cert. ef. 2-1-11 OSMB 7-2010, f. & cert. ef. 5-6-10 OSMB 6-2010(Temp), f. & cert. ef. 1-15-10 thru 6-30-10 OSMB 1-2010(Temp), f. & cert. ef. 1-5-10 thru 6-30-10 OSMB 4-2009, f. 10-30-09, cert. ef. 1-1-10
250-010-0660 Watercraft Inspection Stations (1) For the purpose of this rule, the following definitions apply: (a) “Check Station” is a location in Oregon that a watercraft inspection team has designated for conducting watercraft inspections for aquatic invasive species. (b) “Decontamination” is the removal of aquatic invasive species from a watercraft. (c) “Inspector” is an individual certified and authorized by the Oregon Department of Fish and Wildlife to conduct boat inspections for aquatic invasive species. (d) “Inspection Certificate” is a form used by the inspector to conduct and record watercraft inspection information. (e) “Seal” is a plastic zip tie or cable with a unique number that is affixed to the trailer or other device to transport the watercraft. (f) “Watercraft” are recreational or commercial, motorized and nonmotorized boats, including canoes, kayaks and rafts, as provided in ORS 830.005, and any equipment used to transport a boat and any auxiliary equipment, as provided in ORS 570.850. (2) The watercraft owner, operator or carrier must provide to the inspector, on request, his or her name and ZIP code. If an inspector determines that decontamination is required, the owner, operator or carrier must provide the additional information requested on the inspection certificate form including contact information. (a) The decontamination process may include the hull, motor, propulsion system or component, anchor or other attached apparatus, trailer or other device used to transport the watercraft, bilge, live-well, motor-well or other interior location that could harbor aquatic plants or animals. (b) Means of decontamination include, but are not limited to: hot water washing or flushing, high-pressure water jets, hand removal and chemical treatment as determined necessary by the watercraft inspection team. (3) An inspector may determine that the watercraft is a severe risk if the boat contains quagga or zebra mussels or other high risk aquatic invasive species, as defined by the Oregon Department of Agriculture (OAR 603-052-1200) or the Oregon Department of Fish and Wildlife (OAR chapter 635, division 056), or is of a design that prevents or inhibits effective on-site decontamination and the watercraft is from a known aquatic invasive species contaminated waterbody. In such cases, the inspector will place a seal on the watercraft indicating potential contamination. Only the inspector may attach this seal. Tampered, broken or removed seals are void and no longer valid for the purposes as to when they were attached. (4) When the inspector determines the watercraft is clean or fully decontaminated, the inspector will attach a seal between the watercraft and trailer or other carriage device indicating a completed inspection. Only the inspector may attach this seal. Tampered, broken or removed seals are void. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: HB3399 & ORS 570.855 History: OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023 OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12 OSMB 13-2011(Temp), f. & cert. ef. 8-23-11 thru 1-31-12