Unlawful parking in space reserved for persons with disabilities; exceptions; penalty

(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, possession, 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)(a) Except as provided in paragraph (b) of this subsection, unlawful parking in a space reserved for persons with disabilities is a Class C traffic violation. (b) A second or subsequent conviction for unlawful parking in a space reserved for persons with disabilities is a Class A traffic violation.