reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.155 - Form and content of bonds.

The revenue bonds issued and sold under ORS 778.145 (1):
(1) Shall be deemed to be for all purposes negotiable instruments, subject only to the provisions of the bonds for registration, and need not comply with requirements of the Uniform Commercial Code.
(2) May be issued in one or more series, bear such date or dates, mature at such times and in such amounts, be in such denomination or denominations, be payable at a designated place or places within or without the State of Oregon or at the fiscal agency of the State of Oregon, be equally and ratably secured without priority or be entitled or subject to such priorities on all or any portion of the revenues of the Port of Portland, and, notwithstanding any other provision of law to the contrary, bear such rate or rates of interest either fixed or variable under a formula fixed at the time of issuance, and contain such other terms, conditions and covenants as the board may authorize.
(3) Shall contain a recital that principal of and interest on and premium, if any, on the revenue bonds are payable solely out of revenues and property of the port pledged to the payment thereof by the ordinance of the board authorizing the issue of which the bonds are a part.
(4) May contain covenants of the port to protect and safeguard the security and rights of holders of any such bonds and such other terms and conditions, in conformity with ORS 778.145 to 778.175, which the board in its discretion determines are necessary or desirable to protect the port or increase the marketability of the bonds. ORS 778.145 to 778.175 and any such ordinance which constitutes a contract with the holders of the bonds, and the provisions thereof shall be enforceable by any holder or any number of holders of the bonds, as the board may determine.
(5) Shall be issued under ORS chapter 287A. However, the requirements of ORS 287A.150 do not apply to revenue bonds issued under this section. [1971 c.546 §4; 1981 c.879 §5; 1997 c.171 §27; 2007 c.783 §231]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.160 - Borrowing in anticipation of bond sale; bond anticipation notes; content; sale.

(1) The Port of Portland shall have the power, at any time and from time to time after the issuance of bonds under ORS 778.145 to 778.175 have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the authorized maximum amount of such bond issue.
(2) Bond anticipation notes shall be issued for all moneys so borrowed under the provisions of this section. Such notes may be issued for a period not exceeding one year and may be renewed from time to time for periods of not exceeding one year, but each such note, including renewals, shall mature and be paid not later than the fifth anniversary of the date the original note was issued. Such notes shall be authorized by ordinance of the board and shall be in such denomination or denominations, shall bear interest at such rate or rates approved by the board, shall be in such form and shall be executed in such manner, all as the board shall prescribe. Such notes may be sold at public or private sale in the manner and at such price or prices as the board shall determine, provided that if such notes be renewal notes, they may be exchanged for notes then outstanding on such terms as the board shall determine. [1971 c.546 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.165 - Sale of revenue bonds.

The board may from time to time sell revenue bonds authorized to be issued and sold pursuant to ORS 778.145 to 778.175, at public or private sale, in the manner and at such price or prices as it shall determine. [1971 c.546 §6]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.170 - Bonds as obligations of political subdivision.

Revenue bonds including refunding revenue bonds issued under ORS 778.145 to 778.175 shall be considered to be bonds or obligations of a political subdivision of the State of Oregon for the purposes of all laws of the state. [1971 c.546 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.175 - Effect of ORS 778.145 to 778.175.

ORS 778.145 to 778.175 is additional, alternative and supplemental authority for the Port of Portland and shall not abrogate any power, right or authority otherwise granted by law to the port. [1971 c.546 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.205 - Board of commissioners; general powers.

The power and authority given to the Port of Portland is vested in and shall be exercised by a board of nine commissioners. The board may exercise such powers, at regular or special meetings, as is usual and customary with similar bodies. [Amended by 1971 c.728 §125]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.210 - Qualifications of members.

(1) The board shall be composed of residents of the State of Oregon. The Governor shall make appointments to the board so as to assure that not fewer than two board members are residents of each county constituting the port district.
(2) A person is eligible for appointment as a commissioner of the Port of Portland who at the time of the appointment is a citizen of the United States and of the State of Oregon, and who has for one year immediately preceding appointment resided within the State of Oregon. [Amended by 1961 c.469 §1; 1971 c.403 §17; 1971 c.728 §126; 1973 c.178 §3; 1987 c.179 §1; 1997 c.461 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.215 - Appointment; confirmation; vacancies.

(1) Upon the expiration of the term of a commissioner, a successor shall be appointed by the Governor, subject to confirmation as provided by ORS 171.562 and 171.565. Except as provided in ORS 778.220 and 778.235, appointees, when confirmed, shall hold office for a term of four years and until their respective successors have been appointed, confirmed and qualified.
(2) If a vacancy occurs by death, resignation or disqualification of a commissioner, the vacancy shall be filled by appointment by the Governor for the unexpired term subject to confirmation as provided by subsection (1) of this section. [Amended by 1969 c.695 §15; 1971 c.728 §127]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.220 - Removal.

If the Governor is at any time satisfied that a commissioner has been guilty of malfeasance in office, the Governor may file with the Secretary of State a written statement of the acts of the commissioner constituting the malfeasance. Thereupon the Secretary of State shall transmit a copy of the statement to the commissioner named and another copy to the clerk of the Circuit Court for Multnomah County. After the expiration of 10 days following the delivery of the statement to the commissioner a hearing shall be held before the court, of which hearing the commissioner is entitled to at least five days’ notice. If upon the hearing the court determines that the commissioner has been guilty of malfeasance in office, written findings to that effect shall be made and filed by the court. Thereupon the commissioner shall be considered removed from office. The vacancy so created shall be filled as provided in ORS 778.215. [Amended by 1971 c.728 §128]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.225 - Meetings; rules; quorum; executive committee.

(1) The board shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings as provided by the rules of the board. At all regular and special meetings a majority of the commissioners then members of the board constitutes a quorum.
(2) The board may create an executive committee of which every commissioner shall be a member and of which a number less than a majority, as the board may determine, may constitute a quorum for the transaction of business. The committee may hold its meetings under such rules as the board may prescribe. However, the executive committee has no power except as a committee and only as expressly conferred upon it by the rules of the board. In no event shall the committee exercise the general powers of the board. The board has no power to appoint or delegate any part of its power or authority to any committee except the executive committee. [Amended by 1971 c.728 §129]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.230 - Board officers.

(1) The Governor shall designate one member of the board as president of the board, who shall hold that office until removed from it by the Governor. The president of the board shall have the powers and perform the duties usual to the office of president.
(2) The president of the board shall designate from the other members of the board a vice president, treasurer and secretary of the board, who shall hold those offices until removed from them by the president. Each officer shall have the powers and perform the duties usual to the respective offices. [Amended by 1969 c.345 §19; 1971 c.728 §130; 1987 c.51 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.235 - Causes of vacancies; leaves of absence.

(1) If a commissioner appointed pursuant to ORS 778.215 refuses to serve, ceases to have the qualifications required by ORS 778.210 (1) or fails to attend for the period of 60 successive days any of the regular or special meetings of the board regularly and duly called and held, the commissioner’s place on the board is vacant.
(2) The board may grant a leave of absence not exceeding three months to a commissioner unable to attend meetings of the board by reason of illness or continued absence from the City of Portland. [Amended by 1961 c.469 §2; 1971 c.728 §131]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.255 - Enactment of port ordinances; effective date; passage; effect of referendum.

(1) The board may legislate with respect to the internal affairs of the Port of Portland by the adoption of ordinances. Every ordinance enacted by the board shall be preceded by an enacting clause substantially as follows: "Be It Enacted by The Port of Portland."
(2) Except as otherwise provided by this section, in order to be effective, all ordinances require the affirmative vote of a majority of the commissioners of the port at a meeting of the board duly and regularly held.
(3) Ordinances making appropriations, the annual tax levy and emergency ordinances take effect immediately upon passage. All other ordinances are subject to the referendum and shall become effective 30 days after enacted, unless a later date is fixed therein, in which event they shall take effect at a later date, subject to the referendum. Except for ordinances making appropriations and the annual tax levy, when an ordinance is enacted, a notice containing a concise summary of the ordinance and the location within the port where a copy of the complete ordinance may be obtained without charge shall, within five days after passage of the ordinance, be published at least once in a newspaper of general circulation within the port.
(4) Ordinances making appropriations and the annual tax levy and emergency ordinances shall be passed by an aye and nay vote. Emergency ordinances shall contain the statement that an emergency exists and specify with distinctness the facts and reasons constituting the emergency. The unanimous vote of all the commissioners present, and of not less than seven commissioners, is required to pass an emergency ordinance.
(5) In case a referendum petition is filed against an ordinance or part thereof, the operation of the ordinance or part thereof shall be suspended pending the outcome of the referendum election. [Amended by 1971 c.170 §1; 1971 c.728 §134]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.260 - Ordinances for regulating use of port properties; port peace officers; jurisdiction.

(1) The board of the Port of Portland in accordance with ORS 198.510 to 198.600 may by ordinance adopt, amend or repeal regulations as convenient or necessary to provide for policing or regulating the use of properties owned, operated, maintained or controlled by the port and of facilities located at or in conjunction with these properties.
(2) The port may appoint peace officers who have all the powers and authority given by statute to peace officers of this state.
(3) This section does not limit the authority of a state, county or municipal peace officer to enforce state laws and city and county ordinances at properties owned, operated, maintained or controlled by the port and at facilities located at or in conjunction with these properties. [1955 c.425 §§1,2,3; 1971 c.268 §22; 1971 c.728 §135; 1979 c.102 §1; 2009 c.299 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.270 - Initiative and referendum procedures.

(1) Except as provided in this section, the electors of the Port of Portland may exercise the powers of the initiative and referendum, with reference to ordinances of the board, in accordance with ORS 255.135 to 255.205.
(2) A referendum petition shall be filed not more than 30 days after the date the ordinance is adopted. [1973 c.178 §5; 1983 c.350 §327]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 778 - Port of Portland › Section 778.990 - Penalties.

Any person who violates an ordinance adopted by the board of the Port of Portland under ORS 778.085 or 778.260 commits a Class A misdemeanor. [1971 c.728 §136; 2011 c.597 §302]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 780 - Improvement and Use of Navigable Streams › Section 780.010 - Stream improvement authorized; channel obstruction prohibited.

Any person, association, or corporation may enter upon the channel or bed of any and all rivers and watercourses, navigable or susceptible of being made navigable, and perform work and labor thereon, and make such improvement of the same by clearing out or deepening the channel, constructing wing dams, blasting and removing rocks or ledges, removing sand bars, gravel bars, snags and all other obstructions to navigation, so as to render the rivers or any of them navigable at all seasons of the year or to improve the navigation. No work authorized by ORS 780.010 and 780.020 to be done shall be so done or conducted as to obstruct in any manner, either temporarily or otherwise, any channel or river now navigable, but the closing of one or more channels in any river in order to deepen or cause more water to flow in the main channel shall not be construed as constituting an obstruction to the navigation of any river or watercourse.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 780 - Improvement and Use of Navigable Streams › Section 780.020 - Entry on riparian lands authorized; liability.

All persons, associations and corporations engaging in improvement of the navigation of any river or watercourse, as authorized in ORS 780.010, may enter upon the lands adjacent to any river or watercourse for the purpose of cutting timber, taking rock, gravel, dirt and other materials necessary for the prosecution of the work of such improvement, and pass over adjacent lands with means of transportation proper for conducting the work contemplated by ORS 780.010, doing as little damage as possible, subject only to the payment of such damages as may be assessed according to law.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 780 - Improvement and Use of Navigable Streams › Section 780.030 - Channels improved are highways free to navigation.

All channels of rivers and watercourses made navigable or the navigation of which is improved, as contemplated by ORS 780.010, shall be public highways, and shall be free to all crafts navigating them. [Amended by 2005 c.22 §510]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 780 - Improvement and Use of Navigable Streams › Section 780.040 - When landowner may construct wharf.

(1) The owner of any land lying upon any navigable stream or other like water, and within the corporate limits of any incorporated town or within the boundaries of any port, may construct a wharf upon the same, and extend the wharf into the stream or other like water beyond low-water mark so far as may be necessary for the use and accommodation of any ships, boats or vessels engaged exclusively in the receipt and discharge of goods or merchandise or in the performance of governmental functions upon the stream or other like water.
(2) As used in this section, "wharf" does not include new lands created upon submersible or submerged lands by artificial fill or deposit. [Amended by 1963 c.125 §1; 1973 c.328 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 780 - Improvement and Use of Navigable Streams › Section 780.050 - Municipality or port may regulate construction of certain structures beyond low-water mark.

The corporate authorities of the town wherein a wharf, dock, pier, moorage or similar structure is proposed to be constructed, or the commission of any port wherein the structure is proposed to be constructed if the proposed location of the structure is not within any town, may regulate the construction of the structure. Upon application of the person entitled to and desiring to construct the wharf, dock, pier, moorage or similar structure, the corporate authorities or port commission, as the case may be, may by ordinance or other like mode prescribe the mode and extent to which the structure may be constructed beyond the line of low-water mark so that the structure shall not be constructed any farther into the stream or other water beyond the low-water line than may be necessary and convenient for the use of the structure and so that it will not unnecessarily interfere with the navigation of the stream or other like water. [Amended by 1963 c.125 §2; 1973 c.328 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 780 - Improvement and Use of Navigable Streams › Section 780.060 - Construction not to interfere with oyster production.

Nothing in this chapter authorizes the construction of a wharf, dock, pier, moorage or similar structure at any place where its construction and operation will substantially impair or interfere with the cultivation and taking of oysters subject to the provisions of ORS 622.210 to 622.300 and 622.320. [1969 c.675 §20; 1973 c.328 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 781 - (Former Provisions)

Note:
781.010, 781.020, 781.030, 781.040, 781.050, 781.060, 781.070, 781.080 and 781.090 repealed by 1953 c.425 §2.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 782 - (Former Provisions)

Note:
782.010, 782.020, 782.030, 782.040, 782.050, 782.060, 782.070, 782.080, 782.090, 782.100, 782.110, 782.120, 782.130, 782.140, 782.150, 782.160, 782.170, 782.180, 782.190 and 782.990 repealed by 1953 c.113 §2.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.010 - Claims for which liens accorded.

Every boat or vessel used in navigating the water of this state or constructed in this state is liable and subject to a lien:
(1) For wages due to persons employed, for work done or services rendered on board such boat or vessel.
(2) For all debts due to persons by virtue of a contract, expressed or implied, with the owners of a boat or vessel, or with the agents, contractors or subcontractors of such owner, or with any person having them employed to construct, repair or launch such boat or vessel, on account of:
(a) Labor done or materials furnished by mechanics, tradesmen or others in the building, repairing, fitting and furnishing or equipping of such boat or vessel;
(b) Stores and supplies furnished for the use thereof;
(c) Premiums for insurance placed on or with respect to such boat or vessel; or
(d) Launchways constructed for the launching of such boat or vessel.
(3) For all sums for wharfage, anchorage or towage of such boat or vessel within this state.
(4) For all demands or damages accruing from the nonperformance or malperformance of any contract of affreightment, or of any contract touching the transportation of persons or property, entered into by the master, owner, agent or consignee of the boat or vessel on which such contract is to be performed, and for damages or injuries done to persons or property, by such boat or vessel, and for damages or injuries by such boat or vessel resulting in the death of any person. [Amended by 1981 c.548 §1; 2005 c.22 §511]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.020 - Lien priority.

(1) The classes of claims specified in ORS 783.010 shall have priority according to the order in which they are enumerated.
(2) The liens under ORS 783.010 shall have precedence over all other liens and claims against such boat or vessel, except the following liens, claims and security interests, whether or not the following liens, claims or security interests have arisen or been perfected before or after liens under ORS 783.010:
(a) Liens and claims arising under those portions of the Ship Mortgage Act, 1920, that appear in sections 921 to 954 and 971 to 975 of title 46 of the United States Code.
(b) Security interests perfected under ORS chapter 79.
(c) Security interests on certificates of title perfected under ORS chapter 830. [Amended by 1981 c.548 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.030 - Right to proceed against boat or vessel directly.

Any person having a demand as mentioned in ORS 783.010, instead of proceeding for recovery thereof against the master, owner, agent or consignee of the boat or vessel, may at the person’s option commence an action against such boat or vessel by name.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.040 - Complaint; jurisdiction and venue.

Any person wishing to commence an action against a boat or vessel shall file the complaint against such boat or vessel by name with the clerk of the circuit court of the county in which the boat or vessel may lie or be. The complaint shall set forth the plaintiff’s demand in all its particulars, and on whose account the same accrued, and shall be verified by the plaintiff or some credible person for the plaintiff.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.050 - Issuance of warrant for seizure of boat or vessel.

Whenever the complaint is filed, the clerk shall issue a warrant thereon, commanding the sheriff to seize the boat or vessel mentioned in the complaint, with the tackle, apparel and furniture of the boat or vessel and retain the same until discharged from such custody by due course of law.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.060 - Procedure after return of warrant.

Upon the return of any warrant issued as prescribed in ORS 783.050, proceeding shall be had in the circuit court against the boat or vessel seized, in the same manner as if the action had been commenced against the person on whose account the demand accrued.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.070 - Persons authorized to appear for boat or vessel; answer.

The master, owner, agent or consignee of the boat or vessel may appear on behalf of the boat or vessel and answer the complaint.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.080 - Judgment by default; proceedings on issue of fact.

If in any action commenced under ORS 783.030 and 783.040 the master, owner, agent or consignee does not appear and answer the complaint, the plaintiff may proceed to take judgment in the same manner and under the same restrictions as in a civil action against a natural person. If an issue of fact is joined, the same proceeding shall be had as in other actions.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.090 - Discharge of boat or vessel on giving of undertaking.

If the master, owner, agent or consignee, before final judgment in any action commenced in pursuance of ORS 783.030 and 783.040, enters into an undertaking in favor of the plaintiff, with sufficient security, to be approved by the judge or clerk of the court in which the action is pending, conditioned to satisfy the amount which is adjudged due and owing to the plaintiff on determination of the action, together with all costs accruing, such boat or vessel, with its tackle, apparel and furniture, shall be discharged from further detention by the sheriff.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.100 - Return of deposit; disposition of balance.

If judgment is for the defendant, any deposit in lieu of an undertaking shall be returned to the person making the same; or if a balance remains after satisfying any judgment in favor of the plaintiff and costs of suit, the balance shall be so returned.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.110 - Order for sale on judgment.

If judgment is rendered against any boat or vessel in favor of the plaintiff, the court shall make an order directed to the sheriff, commanding the sheriff to sell the boat or vessel, together with its tackle, apparel and furniture, to satisfy the judgment and costs which may have accrued in the cause, which order shall be executed and returned in the same manner as other executions.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.120 - Judgment on undertaking; issuance of execution.

If an undertaking with surety was given according to ORS 783.090 and judgment rendered in favor of the plaintiff, a judgment shall also be rendered upon the undertaking, and execution issued for the amount of judgment and costs in favor of the plaintiff, against the principal and security in such undertaking.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.130 - Bill of sale of boat or vessel; effect of previous liens.

When any boat or vessel is sold in pursuance of ORS 783.110 to 783.160, the officer making the sale shall execute to the purchaser a bill of sale therefor, and such boat or vessel shall, in the hands of the purchaser and the purchaser’s assigns, be free and discharged from all previous liens and claims under this title.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.140 - Rights of other lien claimants.

Any other person having or claiming a lien against any boat or vessel in pursuance of ORS 783.010 may, at any time after the sale upon execution and before payment over of any surplus in the hands of the sheriff, commence an action against such boat by name, as if the same had not been sold, and serve notice thereof upon the former master, owner, agent or consignee. While such action is pending, the sheriff shall not pay over any surplus that may be in the sheriff’s hands to such master, owner, agent or consignee.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.150 - Distribution of proceeds of sale.

In the distribution of the proceeds of sale, claims of a prior class shall be paid entire before any payment shall be made upon claims of a subsequent class. When the money to be applied to any class is insufficient to pay all the claims of that class, it shall be apportioned ratably among the claims of that class.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.160 - Sale of appurtenances for fractional share of boat or vessel.

If it appears to the court in which the action is pending, or the judge thereof, that the liens against the boat or vessel can be satisfied by a sale of the tackle, apparel and furniture, or a part thereof, or a fractional share in such boat or vessel, the court or judge may modify the order of sale accordingly. If in pursuance of such order a sale is made of a fractional share in such boat or vessel, the purchaser shall hold such share jointly with the other owners.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.170 - Limitation of actions.

All actions against a boat or vessel under ORS 783.010 to 783.160 shall be commenced within one year after the cause of action has accrued.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.310 - Destruction or injury of property by watercraft; liability of tortfeasor and employer; lien on vessel.

If any person in control of any watercraft conducts or navigates the watercraft intentionally or negligently so as to destroy or injure the property of another, the person and the person’s employer each shall be liable in damages for the property so injured or destroyed, and the damages shall be a lien on the watercraft. [Amended by 2005 c.22 §512]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.320 - Injuries to persons or property ashore; liability in damages; venue.

The owner or owners of any boat or vessel which, when navigating the waters of this state or when within the waters of this state, has, through the negligence or misconduct of the owner, agent, master, pilot or employees thereon, caused injury to persons or property upon shore or upon wharves, warehouses, bridges or other structures affixed or contiguous to such shore, wharves, warehouses, bridges or other structures, shall be liable for all damages resulting to such person or to the owners of such property by reason thereof. The persons so injured may recover the same in an action at law in the circuit court of any county within which the boat or vessel may be found.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.330 - Attachment against vessel; motion and undertaking.

The person so injured may at the time of filing the complaint, or at any time subsequent thereto, cause an attachment to issue against the vessel. The clerk of the circuit court shall issue a writ of attachment directing the sheriff of the county to levy upon, seize and take the vessel; but such attachment shall only issue upon the filing by the plaintiff of a written motion for such attachment, together with an undertaking in a sum equal in amount to the sum demanded in the complaint. The undertaking shall be executed by one or more sureties, and shall be so conditioned that the signers thereof shall be liable in the sum named therein to the owners of the vessel if the attachment is wrongful or without sufficient cause. The sureties shall in the aggregate justify in double the amount of the undertaking.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.340 - Redelivery of attached vessel.

The sheriff shall redeliver the vessel attached to the owner or master thereof upon the owner or master delivering to the sheriff an undertaking, with one or more sufficient sureties approved by the judge of the court, or in case of the judge’s absence by the sheriff, which undertaking shall be so conditioned that the obligors therein shall pay to the plaintiff the judgment rendered in the cause. The sureties thereon shall in the aggregate justify in double the amount of the undertaking.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.350 - Nonresident owners; service; judgment; designation.

If the owner of the vessel is nonresident of and not within Oregon, service of the summons and complaint shall be made upon the master or person in charge of the vessel, with the same force and effect as though made by publication. In such event the owner shall be required to appear and answer to the complaint within the same time as though the owner were served personally. In such event no personal judgment against the owner shall be rendered in the action, but only an order of sale of the property attached, or, in event of such property being released upon undertaking, then judgment shall be rendered against the obligors thereon. In the event of the vessel belonging to nonresidents, defects in the names of parties defendant shall not in any respect affect the validity of the proceedings or of any judgment rendered therein.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.360 - Priority of attachment.

The attachment provided for in ORS 783.330 shall have priority over any mortgage upon the vessel and over any liens thereon not of a maritime nature.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.510 - Enticement of seamen to desert or leave ship.

No person shall entice, persuade or by any means attempt to persuade, any seaman to desert from, or without permission of the officer then in command thereof to leave or depart therefrom, either temporarily or otherwise, any ship or steamer or other vessel while such ship, steamer or other vessel is within the waters under the jurisdiction of this state or within the waters of the concurrent jurisdiction of this state and Washington.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.520 - Harboring and secretion of seamen.

No person shall knowingly and with manifest intention to deprive the owner or master of any ship or vessel of the services of any seaman, harbor or secrete, or by any means aid in harboring or secreting with the intention aforesaid, any seaman mentioned in ORS 783.510.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.530 - Receipt of compensation from seaman for furnishing employment.

No person shall demand or receive, either directly or indirectly, from any seaman or apprentice, or from any person seeking employment as a seaman or apprentice, or from any person on behalf of the seaman or apprentice, any remuneration whatever for providing the seaman or apprentice with employment on board any seagoing vessel.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.550 - Unauthorized boarding of nonpassenger vessel.

No person not acting in an official capacity shall board or attempt to board any ship or other vessel on the Willamette or Columbia River, not engaged in the carrying of passengers for hire, without the consent first obtained of the captain, master or other officer in command thereof at the time.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.560 - Arrest of officers and seamen for debt prohibited.

No officer or seaman of a seagoing vessel or ship shall be arrested or imprisoned for debt. No officer shall execute a process of arrest for debt upon such officer or seaman.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.570 - Enforcement officer in Portland and Astoria.

The mayor and common council of the cities of Portland and Astoria, severally shall appoint or designate a person or officer to see that ORS 783.510 to 783.560 are not violated and that the provisions thereof are enforced. Such person or officer shall have all the authority and powers of a peace officer, and may make arrests for violation of ORS 783.510 to 783.560. The person or officer shall perform such other duties as to the enforcement of those sections as may be enjoined upon the person or officer by the respective common council and shall receive such compensation for services as the common council may by ordinance provide.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.580 - Tugboat operator refusing to tow; discrimination in charges.

Any tugboat towing for hire in any of the waters of this state is a common carrier for the business of towing vessels. No master or owner of any such tug shall refuse to tow any vessel of the class usually towed by such a tug, or shall discriminate either in the charges for towing or in time; but they shall tow all such vessels in the order in which they may be announced ready; provided, that towing in or out of a bar harbor may take precedence over towing inside of such harbor.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.590 - Lowering of smokestacks of vessels navigating upper Willamette.

Any person or corporation operating any steamboat or other watercraft upon the Willamette River above the City of Portland, shall so construct the smokestacks upon such steamboat or other watercraft with hinges so arranged that the smokestacks thereon can be lowered to a level with the pilot house upon such steamboat or other watercraft when necessary to pass under any bridge at any time constructed across the Willamette River.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.610 - Offenses relating to buoys and beacons.

No person shall moor any vessel of any kind or any name, or any boat, skiff, barge, scow, raft, or part of a raft, to any buoy or beacon placed in the navigable waters of this state, or in any bay, river or arm of the sea bordering upon this state, by the authority of the United States Coast Guard or shall in any manner hang on with any vessel, boat, barge, scow, raft, or part of a raft, to any such buoy or beacon, or shall willfully remove, damage or destroy any such buoy or beacon, or shall cut down, remove, damage or destroy any beacon or beacons erected on land in this state by authority of the United States Coast Guard. [Amended by 1965 c.539 §5; 2011 c.597 §303]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.620 - Discharge of ballast in navigable waters.

Except as provided in ORS 783.635, a person may not discharge the ballast of any vessel into the navigable portions or channels of any of the bays, harbors or rivers of this state, or within the jurisdiction of this state, so as to injuriously affect such portions or channels of such bays, harbors or rivers, or to obstruct navigation thereof. [Formerly 783.600]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.625 - Definitions for ORS 783.625 to 783.640.

As used in ORS 783.625 to 783.640, unless the context requires otherwise:
(1) "Ballast water" means any water used to manipulate the trim and stability of a vessel.
(2) "Cargo vessel" means a ship in commerce that is equipped with ballast tanks, other than a tank vessel or a vessel used solely for commercial fish harvesting, of 300 gross tons or more.
(3) "Coastal exchange" means exchanging the ballast water taken onboard at a North American coastal port at a distance of at least 50 nautical miles from land and at a depth of at least 200 meters.
(4) "Department" means the Department of Environmental Quality.
(5) "Empty ballast tank" means a ballast tank of a vessel that has been discharged of ballast water from a voyage and, as a result, is expected to have only unpumpable residual ballast water and sediment remaining in the ballast tank.
(6) "Oil" means oil, gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse and any other petroleum related product.
(7) "Open sea exchange" means a replacement of ballast water that occurs in an area no less than 200 nautical miles from any shore.
(8) "Passenger vessel" means a ship of 300 gross tons or more carrying passengers for compensation.
(9) "Sediment" means any matter that settles out of ballast water.
(10) "Ship" means any boat, ship, vessel, barge or other floating craft of any kind.
(11) "Tank vessel" means a ship that is constructed or adapted to carry oil in bulk as cargo or cargo residue other than:
(a) A vessel carrying oil in drums, barrels or other packages;
(b) A vessel carrying oil as fuel or stores for that vessel; or
(c) An oil spill response barge or vessel.
(12) "Trip" means travel to an appointed destination and return travel to the point of origin within the waters of this state.
(13) "Vessel" means a tank vessel, cargo vessel or passenger vessel.
(14) "Voyage" means any transit by a vessel destined for any Oregon port.
(15) "Waters of this state" means natural waterways including all tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and nonnavigable, including that portion of the Pacific Ocean that is in the boundaries of Oregon. [2001 c.722 §1; 2003 c.692 §1; 2005 c.62 §2; 2007 c.816 §2; 2011 c.321 §3; 2015 c.704 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 783 - Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water › Section 783.630 - Application; exclusions.

(1) ORS 783.625 to 783.640 apply to all vessels carrying ballast water from a voyage into the waters of this state, except a vessel that:
(a) Discharges ballast water only at the location where the ballast water originated, if the ballast water is not mixed with ballast water from areas other than open sea waters;
(b) Does not discharge ballast water in waters of this state;
(c) Traverses only the internal waters of this state;
(d) Traverses only the territorial sea of the United States and does not enter or depart an Oregon port or navigate the waters of this state;
(e) Discharges ballast water that originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude on the west coast of North America; or
(f) Discharges ballast water that has been treated to remove organisms in a manner pursuant to rules adopted by the Environmental Quality Commission under ORS 783.635.
(2) ORS 783.625 to 783.640 do not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal or international laws or regulations. Ballast water containing oil or noxious liquid substances shall be discharged in accordance with the requirements applicable to those substances.
(3) Nothing in this section:
(a) Requires an open sea or coastal exchange if the owner or operator in charge of a vessel determines that performing an open sea or coastal exchange would threaten the safety or stability of the vessel or the safety of the vessel’s crew or passengers because of any extraordinary condition, including but not limited to adverse weather, vessel design limitations or equipment failure.
(b) Exempts the owner or operator in charge of a vessel from the reporting requirements under ORS 783.640, whether or not ballast water is carried or discharged in the waters of this state. [2001 c.722 §2; 2003 c.692 §2; 2005 c.62 §5; 2015 c.704 §2]