(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 §15]