Rule 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 prior to release of title interest and transfer of possession of the vehicle to the new owner, but the new owner is named as the defendant on the notice of citation, the new owner will be dismissed from the parking offense without a hearing. However, the new owner's failure to submit an application for title to the Department of Transportation within 30 days of the transferor's release of interest shall not be grounds for summary dismissal of the citation and an appearance shall be required;(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. A prior owner who provides documentation described in SLR 17.025(3), below, will be dismissed from the parking offense;(c) There was no vehicle license number or other registration number written on the citation;(d) The vehicle license number written on the citation does not correspond to the vehicle registration information filed with the Motor Vehicles Division;(e) The mechanical parking space meter at which an overtime parking citation was issued was defective, according to the City of Portland's Office of Transportation;(f) No violation is indicated on the parking citation;(g) 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;(h) A 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;(i) 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; or(j) 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(k) 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.(2) The Presiding Judge, Chief Criminal Law Judge, or their designee may dismiss the parking citations listed in SLR 17.025(1) by signing a list containing the license numbers of the vehicles and the reasons for the dismissals.(3) When a parking citation is subject to dismissal under SLR 17.025(1)(a) or (b), above, the person receiving the notice of the citation must submit the parking citation(s) and relevant documents relating to the transfer of the vehicle, including title, bill of sale or contract and vehicle registration if available, to the Clerk of the Court. Proof that the prior 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 and assignment of title to a transferee, shall exempt the prior owner from liability for the parking of the vehicle by another person, provided the date of issuance of the parking citation is after the date of transfer of the vehicle reported by the prior owner.(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.Multnomah Supp. L. R. 17.025
Amended effective 2/1/2024.