74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 431
 
Sponsored by Senator GORDLY
 
 
                     CHAPTER ................
 
 
                             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.
 
 
Enrolled Senate Bill 431 (SB 431-B)                        Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by Senate May 10, 2007
 
Repassed by Senate June 13, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House June 11, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 431 (SB 431-B)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 431 (SB 431-B)                        Page 3