71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1606
A-Engrossed
Senate Bill 47
Ordered by the Senate March 29
Including Senate Amendments dated March 29
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim
Transportation Committee for Disabled Parking Work Group)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Confers on Department of Consumer and Business Services
authority to set standards for design of signs and parking spaces
for disabled person parking. Limits program placard issuance. - }
Increases certain penalties for violations of disabled person
parking laws. { - Requires holder of disabled person parking
permit to comply with relevant time restrictions in public
parking zones. Requires holder of disabled person parking permit
to pay parking meter fee. Modifies disabled person parking permit
fee schedule. - } Requires holder of out-of-state disabled person
parking permit who relocates to Oregon to obtain Oregon permit.
Creates offense of use of invalid disabled person parking permit.
Punishes by maximum fine of $600.
A BILL FOR AN ACT
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. + }
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