Chapter 468
AN ACT
SB 716
Relating to parking for persons with
disabilities; creating new provisions; and amending ORS 447.233, 811.602,
811.615 and 811.635.
Be It Enacted by the People of
the State of
SECTION 1. ORS 447.233 is amended to read:
447.233. (1) The
Director of the Department of Consumer and Business Services shall include in
the state building code, as defined in ORS 455.010, a requirement that the
number of accessible parking spaces specified in subsection (2) of this section
be provided for affected buildings subject to the state building code and that
the spaces be signed as required by subsection (2) of this section. Spaces may
also be marked in a manner specified in the state building code.
(2)(a) The number of
accessible parking spaces shall be:
[____________________________________________________________________________]
Required
Total
Parking Minimum Number
In
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2 percent of
total
1,001 and over 20 plus 1 for each
100 over 1,000
[____________________________________________________________________________]
____________________________________________________________________________
Required Required
Required Minimum Number Minimum Number of
Total Parking Minimum Number of Number of Van “Wheelchair
User
In
1 to 25 1 1 -
26 to 50 2 1 -
51 to 75 3 1 -
76 to 100 4 1 -
101 to 150 5 - 1
151 to 200 6 - 1
201 to 300 7 - 1
301 to 400 8 - 1
401 to 500 9 - 2
501 to 1,000 2% of total - 1
in every 8
accessible spaces or
portion thereof
1,001 and over 20 plus 1 for each - 1 in every 8
100
over 1,000 accessible
spaces or
portion thereof
____________________________________________________________________________
(b) In addition, one in
every eight accessible spaces, but not less than one, shall be van accessible. Where
five or more parking spaces are designated accessible, any space that is
designated as van accessible shall be reserved for wheelchair users. A van
accessible parking space shall be at least nine feet wide and shall have an
adjacent access aisle that is at least eight feet wide.
(c) Accessible parking
spaces shall be at least nine feet wide and shall have an adjacent access aisle
that is at least six feet wide.
(d) The access aisle
shall be located on the passenger side of the parking space except that two
adjacent accessible parking spaces may share a common access aisle.
(e) A sign shall be
posted for each accessible parking space. The sign shall be clearly visible to
a person parking in the space, shall be marked with the International Symbol of
Access and shall indicate that the spaces are reserved for persons with
disabled person parking permits. A van accessible parking [spaces] space shall have an
additional sign marked “Van Accessible” mounted below the sign. A van
accessible parking space reserved for wheelchair users shall have a sign that
includes the words “Wheelchair User Only.”
(f) Accessible parking
spaces and signs shall be designed in compliance with the standards set forth
by the Oregon Transportation Commission in consultation with the Oregon
Disabilities Commission.
(3) No ramp or obstacle
may extend into the parking space or the aisle, and curb cuts and ramps may not
be situated in such a way that they could be blocked by a legally parked
vehicle.
(4) Parking spaces
required by this section shall be maintained so as to meet the requirements of
this section at all times and to meet the standards established by the state
building code.
(5) The director is
authorized to inspect parking spaces and facilities and buildings subject to
the provisions of this section, and to do whatever is necessary to enforce the
requirements, including the maintenance requirements, of this section.
Municipalities and counties may administer and enforce the requirements of this
section in the manner provided under ORS 455.148 or 455.150 for administration
and enforcement of specialty codes. All plans for parking spaces subject to the
provisions of this section must be approved by the director prior to the
creation of the spaces.
(6) Requirements adopted
under this section do not apply to long-term parking facilities at the
(7) Any reported
violation of this section shall be investigated by the administrative
authority. The administrative authority shall make a final decision and order
correction, if necessary, within 30 days of notification. Any aggrieved person
may appeal within 30 days of the decision by the administrative authority to
the appropriate municipal appeals board or, at the option of the local
jurisdiction, directly to the Building Codes Structures Board established under
ORS 455.132. The appeal shall be acted upon within 60 days of filing. The
decision of the municipal appeals board may be appealed to the board. The board
shall act on the appeal within 60 days of filing. All appeals to the board
shall be filed in accordance with ORS 455.690.
SECTION 2. The amendments to ORS 447.233 by section 1
of this 2007 Act apply to construction or repainting of accessible parking
spaces and access aisles commencing on or after the effective date of this 2007
Act.
SECTION 3. Section 4 of this 2007 Act is added to and
made a part of the
SECTION 4. (1) The Department of Transportation shall
issue a “Wheelchair User” disabled person parking permit in the form of a “Wheelchair
User” placard or decal for use by a person who uses a wheelchair or similar
low-powered motorized or mechanically propelled vehicle designed specifically
for use by a person with a physical disability.
(2) The department shall
determine the form, size and content of the placards or decals, except that the
department shall require that the placards or decals:
(a) Include the words “Wheelchair
User.”
(b) Have an expiration
date that is visible from outside the vehicle when the placard or decal is
displayed on or in the vehicle.
(3) The department shall
by rule determine how a person may qualify for a “Wheelchair User” placard or
decal under this section.
(4) An applicant for a “Wheelchair
User” placard or decal issued by the department under this section must have a
driver license, a disability golf cart driver permit or an identification card
issued by the department. The placard or decal shall be valid as long as the
license, permit or identification card is valid and may be renewed when the
license, permit or identification card is renewed.
(5) The expiration date
shall be the same as the expiration date of the driver license, disability golf
cart driver permit or identification card of the holder of the placard or
decal.
SECTION 5. ORS 811.602 is amended to read:
811.602. (1) A disabled
person parking permit is a means of identifying vehicles being used to exercise
the parking privileges described in ORS 811.635. The following are disabled
person parking permits:
(a) A special decal
described in ORS 811.605 issued by the Department of Transportation to be
affixed to a golf cart or substantially similar vehicle;
(b) An individual
placard described in ORS 811.605;
(c) A program placard
issued by the department under ORS 811.607;
(d) A family placard
issued by the department under ORS 811.609; [and]
(e) A foreign visitor
placard issued by the department under ORS 811.611; and
(f) A “Wheelchair User”
placard or decal issued by the department under section 4 of this 2007 Act.
(2) The department shall
issue a disabled person parking permit in the form of a decal or individual
placard to any person who submits an application that complies with ORS
811.604. Nothing in this section prohibits the department from issuing a decal
or individual placard to a person who has disabled veteran registration plates
issued under ORS 805.100 and who qualifies for the decal or placard.
(3) Except as otherwise
provided in this subsection, the department may not issue more than one
individual placard to an applicant. The department may issue a replacement
placard upon receipt of proof satisfactory to the department that the original
placard has been lost, mutilated or destroyed. The department may issue a
temporary duplicate permit to a person who needs a duplicate permit for travel
purposes. A temporary duplicate permit shall be valid for 30 days. The
department shall adopt rules governing application for and issuance of
temporary duplicate permits. Nothing in this subsection prohibits issuance of
an individual placard to a person who has been issued a decal.
(4) Permits issued under
this section, other than temporary duplicate permits, may be renewed by mail.
(5) Permits for use on
vehicles that are regularly used as part of a program for the transportation of
disabled persons are issued as provided in ORS 811.607.
(6) Except as provided
in subsection (7) of this section, the department shall determine the form,
size and content of any decal or placard issued under this section and shall
adopt rules governing their issuance, display and use as necessary to carry out
this section.
(7)(a) Except as
provided in paragraph (b) of this subsection, the department may not require a
decal or placard issued under this section to an individual or a family to
contain any identifying information about the person to whom the decal or
placard is issued, including any of the following:
(A) Name;
(B) Address;
(C) Telephone number;
(D) Social Security
number;
(E) Driver license
number;
(F) Golf cart driver
permit number;
(G) Identification card
number;
(H) Passport or visa
number; or
(I) Photograph.
(b) The department may
require a decal or placard issued under this section to an individual or a
family to contain not more than four digits of the driver license or
identification card number of the person to whom the decal or placard is
issued.
SECTION 6. 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] in 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; or
(c) The person parks a
vehicle in a parking space that is on private or public property and that is
marked or signed “Wheelchair User Only” as described in ORS 447.233 and the
vehicle does not conspicuously display a “Wheelchair User” placard or decal
issued under section 4 of this 2007 Act.
(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 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 section:
(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
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.
(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 7. ORS 811.635 is amended to read:
811.635. All of the
following apply to the parking privileges granted to disabled persons under a
disabled person parking permit other than a program placard described in ORS
811.607:
(1) The privileges
granted under a permit may be exercised notwithstanding ORS 811.575, any
authority granted under ORS 810.160 or parking restrictions imposed by any city
or county and without violation thereof.
(2) Subject to the
limitations under subsection [(3)] (4)
of this section, a [permit] “Wheelchair
User” placard or decal allows its holder, or another person while
transporting its holder to or from the parking location, to exercise the
following privileges:
(a) Park a motor vehicle
in any public parking zone restricted as to the length of time permitted
therein without incurring penalties imposed for overtime parking in such zones.
(b) Park a motor vehicle
in any public parking zone with metered parking without being required to pay
any parking meter fee.
(3) A city or county
may allow any person who holds a disabled person parking permit to exercise the
rights described in subsection (2) of this section.
[(3)] (4) The privileges granted
under subsection (2) of this section do not include any of the following:
(a) Parking in zones
where stopping, parking or standing of all motor vehicles is prohibited.
(b) Parking in the late
evening or overnight where such parking is prohibited.
(c) Parking in zones
reserved for special types of motor vehicles or activities.
(d) Parking in zones
where parking is permitted only for 30 minutes or less.
(e) Parking in a
parking space marked or signed for “Wheelchair User Only,” unless displaying a “Wheelchair
User” placard or decal issued under section 4 of this 2007 Act.
[(4)] (5) In addition to other privileges granted under a
permit, the person issued a permit, or another person while transporting the
person issued the permit to or from the parking location, may use the permit to
park in a parking space that is marked or signed to provide parking for
disabled persons without violation of ORS 811.615.
SECTION 8. The amendments to ORS 811.602, 811.615 and
811.635 by sections 5, 6 and 7 of this 2007 Act apply to persons parking in
accessible parking spaces marked or signed for “Wheelchair User Only” on or
after the effective date of this 2007 Act.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date January 1, 2008
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