ORDINANCE No. 181507

*Extend temporarily the privileges for regular disabled person parking permits as provided by Oregon State Senate Bill 716 (Ordinance; amend Chapter 16.20)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  The 2007 Oregon State Legislature approved Senate Bill 716 which amends ORS 811.635 and is effective on January 1, 2008.

2.  Senate Bill 716 creates a new classification and parking privileges for persons whom the State of Oregon Department of Transportation has issued a “Wheelchair User” placard or decal.

3.  Senate Bill 716 removes certain parking privileges currently afforded persons issued a “Disabled Person Parking Permit”.

4.  Senate Bill 716 authorizes the City to grant Disabled Person Parking Permit holders the same privileges as those given Wheelchair Users.

5.  City of Portland Office of Transportation recommends that from January 1, 2008, through June 30, 2008, those persons with a Disabled Person Parking Permit be afforded the same parking privileges as those with a Wheelchair User placard or decal.

NOW, THEREFORE, the Council directs:

a.  Section 16.20.640, Disabled Parking Permit, is amended by adding a new subsection as follows:

F.  Parking privileges for vehicle parking utilizing Section 16.20.640 will be extended under Senate Bill 716 Section 7 (3). All regulations within this Section will be granted and enforced; this Section will expire on June 30, 2008.

b.  Chapter 16.20, Public Right-of-Way Parking, is amended by adding a new section as follows:

 16.20.645 Wheelchair User Disabled Person Parking Permit.

A.  A vehicle with a “Wheelchair User” placard or decal issued by a state Department of Motor Vehicles, while transporting a disabled person, or a vehicle while transporting a person with a “Wheelchair User” placard or decal, may park:

1.  In any space designated for a vehicle with a “Wheelchair User” placard or decal for any amount of time (subject to on-street storage regulations);

2.  In any metered or non-metered space with a designated time limit of 30 minutes or more for any amount of time without fee; or

3.  In any metered or non-metered space with a designated time limit of less than 30 minutes for a period of time not to exceed the designated time limit with fee, if applicable, except in any space reserved for special types of vehicles or activities; e.g., truck loading zones, carpool zones, area parking permit areas.

B.  A vehicle with a program placard issued under Oregon Revised Statutes 811.607 may park as provided under Oregon Revised Statues 811.637.

1.  Penalties:

a.  Unlawful use: if a person is not a disabled person and is not transporting the holder of a “Wheelchair User” placard or decal to or from the parking location and the person uses a “Wheelchair User” placard or decal to exercise parking privileges under this Section, that person commits unlawful use under Oregon Revised Statutes.

b.  Misuse: if a driver uses a “Wheelchair User” placard or decal for any purpose other than exercising the privileges granted, the driver commits permit misuse under Oregon Revised Statues.

C.  A vehicle with a “Wheelchair User” placard or decal issued under Oregon Revised Statutes 811.602 through 811.637 or by the authority of another state with current Wheelchair User permit, may park as provided under Oregon Revised Statutes 811.637.

1.  Penalties:

a.  Invalid use of a “Wheelchair User” placard or decal occurs if:

1)  Driver uses a “Wheelchair User” placard or decal that has been previously reported lost or stolen,

2)  Has been altered, was issued to a person who is deceased at the time of the citation,

3)  Has not been issued under ORS 811.602, or by the authority of another state,

4)  Is a photocopy or other reproduction of a permit,

5)  The permit is displayed without the permit number and expiration date clearly displayed

Section 2.  The Council declares that an emergency exists because in order to avoid confusion and administrative problems, the extension must be effective on January 1, 2008; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.  

Passed by the Council, January 2, 2008  GARY BLACKMER

 Auditor of the City of Portland

 By /S/Susan Parsons

Commissioner Sam Adams    

Prepared by: Ellis McCoy/vrl              

December 12, 2007      

 DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1512, 31-2008

ACTION TAKEN:

DEC 19 2007 CONTINUED TO JAN 2 2008 9:30AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181507