(1) A person commits the offense of unlawful parking in a space reserved for persons with disabilities 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 persons with disabilities and the vehicle does not conspicuously display a disabled person parking permit described in ORS 811.602 or 811.606 or a disabled parking permit issued by another jurisdiction;
(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 ORS 811.613.
(2) This section does not apply to any of the following:
(a) Momentarily parking a vehicle in a parking space marked or signed for persons with disabilities for the purposes of allowing a person with a disability to enter or leave the vehicle.
(b) Any parking space that is marked or signed to provide parking for persons with disabilities 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 persons with disabilities. 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 persons with disabilities, 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. [1983 c.338 §680; 1985 c.16 §328; 1987 c.187 §2; 1989 c.243 §8; 1991 c.741 §11; 1993 c.195 §1; 1995 c.79 §373; 1997 c.680 §4; 2001 c.367 §1; 2007 c.70 §336; 2007 c.468 §6]
Section: Previous 811.607 811.608 811.609 811.610 811.611 811.612 811.613 811.615 811.617 811.620 811.625 811.627 811.630 811.632 811.635 NextLast modified: August 7, 2008