Chapter 367 Oregon Laws 2001

AN ACT

SB 47

Relating to disabled parking; creating new provisions; and amending ORS 811.615, 811.617, 811.625 and 811.630.

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

SECTION 1. ORS 811.615 is amended to read:

811.615. (1) A person commits the offense of unlawful parking in a space reserved for disabled persons if:

(a) The person parks a vehicle in any parking space that is on private or public property and that is marked or signed to provide parking for disabled persons and the vehicle does not conspicuously display a disabled person parking permit described under ORS 811.602 or 811.606 or a disabled parking permit issued by another jurisdiction; or

(b) The person parks a vehicle in the aisle required by ORS 447.233 regardless of whether or not the vehicle displays a disabled person parking permit.

(2) This section does not apply to any of the following:

(a) Momentarily parking a vehicle in a parking space marked or signed for disabled persons for the purposes of allowing a disabled person to enter or leave the vehicle.

(b) Any parking space that is marked or signed to provide parking for disabled persons and that is subject to different provisions or requirements under city or county ordinance if the different provisions or requirements are clearly posted.

(3) Unless the police officer or other authorized person issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle and the citation issued for the violation may be placed upon the vehicle. If the parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, the operator of the vehicle is in violation of this section.

(4) The penalties provided by this section shall be imposed regardless of the text or symbol displayed on the marking or sign reserving the space or aisle for disabled persons. The penalties are in addition to the following:

(a) A vehicle parked on private property in violation of this section is subject to removal under ORS 98.810 and to lien and sale under ORS 98.812.

(b) A vehicle parked in violation of this section may be removed and sold as provided under ORS 811.620.

(5) The offense described in this section, unlawful parking in a space reserved for disabled persons, is a Class [B] A traffic violation except that a person in violation of this section shall pay a minimum fine of $190 for the first offense and a minimum fine of $450 for each subsequent offense.

(6) Notwithstanding any other provision of law[,] and except as otherwise provided in subsection (7) of this subsection:

(a) A court may not suspend imposition or execution of a sentence to pay at least the minimum fine required by this section for a person’s first offense unless the court finds [that the defendant is indigent or the court finds] from clear and convincing evidence that compelling circumstances require a suspension of a portion of the fine in the interests of justice. In no event shall a court suspend under this paragraph more than $140 of the minimum $190 fine [under this subsection].

(b) A court may not suspend imposition or execution of a sentence to pay a fine for a second or subsequent offense.

(7) If the court finds that the person who was issued a citation for the offense described in this section lawfully held, but failed to properly display, a valid permit at the time of citation, then the court may suspend all but $20 of the fine.

SECTION 2. ORS 811.617 is amended to read:

811.617. (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 or manager 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 or manager of the parking lot. 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 violation 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 811.625 is amended to read:

811.625. (1) A person commits the offense of the unlawful use of a disabled person parking permit by a nondisabled person if the person:

(a) Is not a disabled person and is not transporting the holder of a disabled person parking permit to or from the parking location; and

(b) [The person] Uses a disabled person parking permit described under ORS 811.602 or 811.606 to exercise any privileges granted under ORS 811.635.

(2) The offense described in this section, unlawful use of disabled person parking permit by a nondisabled person, is a Class [B] A traffic violation except that a person in violation of this section shall pay a minimum fine of [$190] $450. 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 4. ORS 811.630 is amended to read:

811.630. (1) A person commits the offense of misuse of a program placard if the person:

(a) Is the driver of a vehicle that is being used as part of a program for the transportation of disabled persons; and

(b) Uses a program placard described under ORS 811.607 for any purpose other than exercising privileges granted under ORS 811.637.

(2) The offense described in this section, misuse of a program placard, is a Class [B] A traffic violation except that a person in violation of this section shall pay a minimum fine of $190 for a first offense and a minimum fine of $450 for each subsequent offense. 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.

SECTION 5. Sections 6 and 7 of this 2001 Act are added to and made a part of ORS chapter 811.

SECTION 6. To maintain disabled person parking privileges after relocation, a person who relocates to Oregon and who holds a disabled person parking permit from another state shall obtain an Oregon disabled person parking permit pursuant to ORS 811.602.

SECTION 7. (1) A person commits the offense of use of an invalid disabled person parking permit if the person uses a permit that is not a valid permit from another jurisdiction, and that:

(a) Has been previously reported as lost or stolen;

(b) Has been altered;

(c) Was issued to a person who is deceased at the time of the citation;

(d) Has not been issued under ORS 811.602;

(e) Is a photocopy or other reproduction of a permit, regardless of the permit status; or

(f) Is mutilated or illegible.

(2) Unless the police officer or other authorized person issuing the citation witnesses the parking of the vehicle, a rebuttable presumption exists that a vehicle parked in violation of this section was parked by the registered owner of the vehicle and the citation issued for the violation may be placed upon the vehicle. If the parking of the vehicle is witnessed by the police officer or other person authorized to issue a citation for the offense, the operator of the vehicle is in violation of this section.

(3) The offense described in this section, use of an invalid disabled person parking permit, is a Class A traffic violation except that a person in violation of this section shall pay a minimum fine of $450. Notwithstanding any other provision of law and except as provided in subsection (5) of this section, a court may not suspend imposition or execution of a sentence to pay at least the minimum fine required by this section.

(4) If the court finds that a person committed the offense described in this section, the court shall collect the permit and return it to the Department of Transportation for destruction unless the person claims the permit was lost or destroyed, or the police officer or other person authorized to issue a citation for the offense collected the permit.

(5) If the court finds that a person committed the offense described in this section by using a permit that was mutilated or illegible, the court may assess any fine it deems appropriate up to the maximum amount allowable for the offense. If the mutilated or illegible permit has been replaced by the department, the court may dismiss the citation.

Approved by the Governor June 14, 2001

Filed in the office of Secretary of State June 15, 2001

Effective date January 1, 2002

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