811.615 Unlawful parking in space reserved for disabled persons; exce ptions; penalty. (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 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 traffic violation except that a person in violation of this section shall pay a minimum fine of $190. 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 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 more than $140 of the minimum $190 fine under this subsection.

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