69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session


                            Enrolled

                         House Bill 2377

Sponsored by Representative LUKE (at the request of
  J. D. MacArthur, Bend; Robert Glynn, Chief, Bend Police
  Department; John Maniscalco, Captain, Bend Police Department;
  Dennis Jones, Community Service Officer, Bend Police
  Department)


                     CHAPTER ................


                             AN ACT


Relating to parking for disabled persons; creating new
  provisions; and amending ORS 811.632.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this Act is added to and made a
part of ORS chapter 811. + }
  SECTION 2.  { + (1) A person commits the offense of blocking a
parking space reserved for disabled persons if the person:
  (a) Stops or parks a vehicle in such a way as to block access
to a parking space that is on private or public property and that
is marked or signed to provide parking for disabled persons; or
  (b) Places an object or allows an object to be placed in such a
manner that it blocks access to a parking space that is on
private or public property and that is marked or signed to
provide parking for disabled persons.
  (2)(a) Unless the police officer or other authorized person
issuing the citation witnesses the stopping or parking of a
vehicle in violation of subsection (1)(a) of this section, there
is a rebuttable presumption that the vehicle was stopped or
parked by the registered owner of the vehicle and a citation
issued for the violation may be placed upon the vehicle. If the
stopping or parking of the vehicle is witnessed by the police
officer or other person authorized to issue a citation for the
offense, or if the operator is in the vehicle, the operator of
the vehicle is in violation of this section.
  (b) Unless the police officer or other authorized person
issuing the citation witnesses the blocking of a parking space in
violation of subsection (1)(b) of this section, there is a
rebuttable presumption that the owner of the parking lot placed
or allowed placement of the object blocking access to the parking
space and a citation may be issued to the owner. If a police
officer or other person issuing the citation sees a person
placing an object in violation of subsection (1)(b) of this
section, the officer or other person may issue the citation to
the person seen.
  (3) For purposes of this section, a parking space includes any
adjacent access aisle as described in ORS 447.233.
  (4) The offense described in this section, blocking a parking
space reserved for disabled persons, is a Class D traffic


Enrolled House Bill 2377 (HB 2377-B)                       Page 1



infraction except that a person in violation of this section
shall pay a minimum fine of $50. Notwithstanding any other
provision of law, a court may not suspend imposition or execution
of a sentence to pay at least the minimum fine required by this
section unless the court finds that the defendant is
indigent. + }
  SECTION 3. ORS 811.632 is amended to read:
  811.632. (1) A law enforcement agency authorized to enforce
parking laws may appoint volunteers to issue citations for
violations of ORS 811.615, 811.625 and 811.630  { + and section 2
of this 1997 Act + }, or of ordinances dealing with parking
privileges for disabled persons. Volunteers appointed under this
subsection must be at least 21 years of age. The law enforcement
agency appointing the volunteers may establish any other
qualifications the agency deems desirable.
  (2) Any agency appointing volunteers under this section shall
provide training to the volunteers before authorizing them to
issue citations.
  (3) A citation issued by a volunteer appointed under this
section shall have the same force and effect as a citation issued
by a police officer for the same offense.
                         ----------


Passed by House May 6, 1997

Repassed by House June 12, 1997


      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate June 10, 1997


      ...........................................................
                                              President of Senate






















Enrolled House Bill 2377 (HB 2377-B)                       Page 2





Received by Governor:

......M.,............., 1997

Approved:

......M.,............., 1997


      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 1997


      ...........................................................
                                               Secretary of State









































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