SLR 4-17.025: DISMISSAL OF A PARKING CITATION BEFORE TRIAL

(1) The Presiding Judge, Chief Criminal Law Judge, or their designee may dismiss parking citations without the appearance of the defendant in the following instances: (a) The parking citation was issued to a vehicle on government business of such urgency that the driver was prevented from complying with parking regulations. The driver must sign an affidavit describing the urgent circumstances, and the department owning the vehicle must verify that the vehicle was on urgent government business; (b) A parking citation for invalid use issued under a Disabled Parking Enforcement Unit when it does not apply. (2) Certain parking citations may be administratively dismissed without the appearance of the defendant in the following instances: (a) There is no vehicle license number or other registration number written on the citation; (b) The name of the issuing officer or other person authorized to issue is not on the parking citation; (c) The date, place, and nature of the charge is not indicated on the parking citation; (d) The court received a special written report from the issuing officer or Parking Patrol deputy explaining that there was no basis for the parking citation and requesting that it be dismissed; (e) The vehicle license number written on the citation does not correspond to the vehicle registration information filed with the Department of Motor Vehicles. (3) Certain parking citations may be administratively dismissed without the appearance of the defendant in the following instances. When a parking citation is subject to dismissal under this section, the person taking responsibility for the citation must submit the relevant documents to the Clerk of the Court: (a) The parking citation was issued to a vehicle that was reported to the police as stolen within 24 hours of the date and time listed on the citation or was issued on a date when the status of the vehicle remained listed as stolen, and a stolen report was on file with the Police Bureau; (b) The parking citation was issued subsequent to the release of title interest and transfer of possession to the new owner but the named defendant on the notice of citation is the prior registered owner, provided the date of issuance of the parking citation is after the date of transfer of the vehicle reported by the prior owner. The defendant must provide documentation proving the transfer of ownership, including at least one of the following items: (i) Title; OR (ii) Bill of sale or contract; OR (iii) Vehicle registration; OR (iv) Proof the owner notified the Department of Transportation of the transfer of the vehicle as required by Oregon law, together with proof of delivery of possession of the vehicle or assignment of title to a transferee. (c) The exemption or privilege in ORS 811.635 for the holder of a disabled person parking permit is applicable to the type of parking offense cited and the registered owner or other recipient of the ticket provides proof to the Clerk of the Court of a valid disabled person parking permit at the time of the violation. This includes: (i) Overtime tickets (both metered and timed zones), unless the zone allows parking for only 30 minutes or less or is subject to the restrictions under Portland City Ordinance 16.20.640 (Metered Districts); or (ii) Parking in a disabled zone pursuant to ORS 811.615(1)(a); or (iii) Disabled zone parking offenses cited under Portland City Code 16.20.250 if a disabled person was being transported; or (iv) No meter receipt offenses cited under Portland City Code 16.20.645, pursuant to ORS 811.616, and the defendant had a Wounded Warrior disabled parking permit placard (d) If a person parks any vehicle in any parking meter space during the hours of operation and pays the fee using the electronic payment system and the receipt reflects an incorrect license plate number, trip permit, and/or vehicle identification number. (e) A parking citation was issued for unlawful use or misuse of a disabled person parking permit for parking in a manner that would otherwise be a privilege for a permit holder and the registered owner or other recipient of the ticket provides proof to the Clerk of the Court of renewal of an expired disabled person parking permit. (f) A parking citation was issued to someone who is deceased. The person responding to the citation must provide: (i) A death certificate of the named defendant. (4) In all cases, the Presiding Judge, Chief Criminal Law Judge, or their designee may order a hearing to prevent abuse of the summary dismissal proceedings.