74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1550
 
                           B-Engrossed
 
                         Senate Bill 431
                   Ordered by the House June 5
  Including Senate Amendments dated May 8 and House Amendments
                              dated
                             June 5
 
Sponsored by Senator GORDLY
 
 
                             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.
 
  Prohibits landlord from having motor vehicle removed from
premises without notice to tenant who owns or operates vehicle
except under specified circumstances.
  Provides that landlord   { - who has ongoing arrangement with
towing business for vehicle removal services must provide tenant
with certain information not later than beginning date of
tenancy, - }   { + must + } enter into written agreement with
tenant and provide tenant with device to display on vehicle to
prevent removal of vehicle. Provides that landlord may have
vehicle removed if vehicle is parked without device displayed.
 { + Provides that landlord must disclose to vehicle owners or
operators address and contact information of tow company that is
authorized to remove vehicles from premises. + }
    { - Defines ongoing arrangement with towing business. - }
  Prohibits removal of inoperable vehicle without 72-hour notice.
Prohibits removal of vehicle because vehicle's registration has
expired or is otherwise invalid.
 
                        A BILL FOR AN ACT
Relating to involuntary towing of motor vehicles.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 90. + }
  SECTION 2.  { + (1) A landlord may have a motor vehicle removed
from the premises only in compliance with this section and either
ORS 98.810 to 98.818 or ORS 98.830, 98.835 and 98.840.
  (2) Except as provided in ORS 90.425 regarding abandoned
vehicles, a landlord may have a motor vehicle removed from the
premises without notice to the owner or operator of the vehicle
only if the vehicle:
  (a) Blocks or prevents access by emergency vehicles;
  (b) Blocks or prevents entry to the premises;
  (c) Violates a prominently posted parking prohibition;
  (d) Blocks or is unlawfully parked in a space reserved for
persons with disabilities;
 
  (e) Is parked in an area not intended for motor vehicles
including, but not limited to, sidewalks, lawns and landscaping;
  (f) Is parked in a space reserved for tenants and does not
display a parking tag, sticker or other device, as provided by
subsection (3) of this section; or
  (g) Is parked in a specific space assigned to a tenant, as
provided by subsection (4) of this section.
  (3) A landlord may have a motor vehicle removed from the
premises under subsection (2)(f) of this section only if the
landlord:
  (a) Provides parking tags, stickers or other devices that
identify vehicles that are authorized to be parked on the
premises; and
  (b) Enters into written agreements with the owners or operators
of vehicles authorized to park on the premises that:
  (A) Authorize the landlord to have a vehicle removed from the
premises without notice for failing to display the parking tag,
sticker or other device;
  (B) Unless the information is disclosed on prominent signs
posted on the premises, disclose to the owners or operators of
authorized vehicles the name, address and contact information of
the tow company that is authorized to remove vehicles from the
premises; and
  (C) Specify whether guest parking is allowed and, if guest
parking is allowed, describe methods for identifying guest
parking spaces or identifying authorized guest vehicles.
  (4) If a landlord assigns a specific parking space to a tenant,
the landlord may have a vehicle towed under subsection (2)(g) of
this section from the assigned parking space only with the
agreement of the tenant. The landlord may not require the tenant
to agree to towing.
  (5) A landlord may have a motor vehicle that is inoperable, but
otherwise parked in compliance with an agreement between the
landlord and the owner or operator of the vehicle, removed from
the premises if the landlord affixes a prominent notice to the
vehicle stating that the vehicle will be towed if the vehicle is
not removed or otherwise brought into compliance with the
agreement. The landlord must affix the notice required by this
subsection at least 72 hours before the vehicle may be removed.
  (6) A landlord may not have a motor vehicle removed under this
section because the vehicle's registration has expired or is
otherwise invalid.
  (7) This section does not:
  (a) Apply to a landlord of a facility.
  (b) Affect the obligations imposed on a landlord under ORS
98.810 to 98.818 or under ORS 98.830, 98.835 and 98.840. + }
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