(1) As used in this section, sky lantern means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne. (2) A person may not release a sky lantern into the airspace of this state. (3) Violation of this section is a Class A violation. (4) In addition to any enforcement officer specifically identified in ORS 153.005, a citation for a violation of this section may be issued by: (a) The State Fire Marshal, employees of the Department of the State Fire Marshal or assistants to the State Fire Marshal as described in ORS 476.040 or 476.060; (b) The Director of the Oregon Department of Aviation or employees specifically designated by the director under ORS 837.100 to enforce violations; (c) The State Forester or the State Forestry Department, or any employee specifically designated by the State Forester or the department under ORS 477.985 to enforce violations; or (d) The State Parks and Recreation Director or any State Parks and Recreation Department employee specifically designated by the director under ORS 390.050 to enforce violations. Note: 476.735 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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