1. (1) Signs posted prohibiting or restricting public parking in a parking facility required by ORS 98.854 (1) must:

   1. (a) Clearly disclose the parking prohibitions or restrictions using plain words or easy-to-understand graphics.
   2. (b) Be easily read by a driver of a vehicle from within 20 feet of the sign.
   3. (c) At least one sign disclosing parking prohibitions must be posted at each entrance to the parking facility.
   4. (d) Posted signs must comply with parking ordinances and regulations imposed by the city, county, or other entity with authority to enact parking regulations.

2. (2) A 72-hour notice affixed to the motor vehicle described in ORS 98.830 is not required when:

   1. (a) Signs posted in the parking facility disclose parking prohibitions and restrictions in compliance with ORS 98.854 (1).
   2. (b) The tow is authorized or requested by law enforcement or other government agencies.
   3. (c) The tow is authorized by a landlord in compliance with the prohibitions, requirements and conditions of ORS 90.485 or other Oregon laws not requiring a 72-hour notice.

   4. (d) The property owner or their agent signs, at the time of the tow, an authorization identifying the vehicle to be towed and the vehicle:

      1. (A) Blocks or prevents access by emergency vehicles.
      2. (B) Blocks or prevents entry to the premises.
      3. (C) Blocks a parked motor vehicle.
      4. (D) The vehicle is parked in an area not designated as a parking space within the parking facility.
      5. (E) The parked vehicle interrupts normal business operations, except as provided under ORS 98.820.
3. (3) A tower may post signs at a parking facility only with the express written permission of the property owner or their agent.
4. (4) A signed agreement disclosing terms, conditions, and business arrangement may be entered into between the property owner and the tower at the discretion of the parties but is not required for compliance with ORS 98.854.

5. (5) A signed agreement between a tower and a property owner or its agent may not:

   1. (a) Appoint or designate the tower, its employee(s) or contracted agent(s) to act as a property owner's agent for the purposes of identifying or authorizing vehicles to be towed.
   2. (b) Allow a tower to tow a vehicle without a signed authorization identifying the vehicle to be towed, signed by the parking facility owner or owner's agent at the time of the tow.

   3. (c) Allow consideration or compensation provided from the tower to the property owner or its agents, including, but not limited to:

      1. (A) Free parking enforcement or parking patrol services either by the tower, a tower employee, or a contractor of the tower.
      2. (B) Commission or fee paid by the tower to the property owner, their agent, or other third-party for parking enforcement services or for identifying and authorizing vehicles to be towed by the tower or its affiliates.

6. (6) The signed authorization required under ORS 98.854 (2) includes, at a minimum, the following information:

   1. (a) The date and time the initial tow request and authorization was received by the tower;
   2. (b) A description of the vehicle to be towed; (c) The street address or location of the property from which the vehicle will be towed;
   3. (d) The reason for the tow;
   4. (e) A statement that the person signing the authorization has the authority to authorize the tow; and
   5. (f) The legible, dated signature of the person authorizing the tow.
7. (7) A tower is required to provide the signed authorization to the owner or operator of the motor vehicle at the time of the request, but no later than the end of the next business day following the request.

Statutory/Other Authority

ORS 822.265, ORS 98.854, ORS 822.275, ORS 822.280, ORS 822.285, ORS 822.290 & ORS 822.995

Statutes/Other Implemented

ORS 822.265

History

SBOT 1-2025, adopt filed 12/31/2025, effective 01/01/2026