Frequently Asked Questions

Frequently Asked Questions:

Frequently Needed Phone Numbers


Can I get a Background Check?

The Albany Police Department will provide a computer generated background check for people requesting one for themselves. The information will only show contacts that they have had with the Albany Police Department.
The Oregon State Police Bureau of Criminal Identification in Salem will do a more extensive background check by calling (503) 378-3070.

Where do you find traffic accident report forms and the requirements for filing the report?

The Albany Police Department, Department of Motor Vehicles, and the State Police.

Where do you get restraining order information?

Albany Police Department, or the Linn County Sheriff, Civil Division, at the Linn County Courthouse.

Do I have a warrant?

This information won’t be given out over the phone. You must come to the Police Department and ask in person.

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Bicycle Helmet Law

Oregon Revised Statutes 814.485 Failure to wear protective headgear

(1) A person commits the offense of failure of a bicycle operator or rider to wear protective headgear if the person is under 16 years of age, operates or rides on a bicycle on a highway or premises open to the public and is not wearing protective headgear of a type approved under ORS 815.052.

(2) The offense described in this section, failure of a bicycle operator or rider to wear protective headgear, is a traffic infraction punishable by a maximum fine of $72.00.

ORS 814.488 Citations; exemption from requirement to pay fine

(1) If a child in violation of ORS 814.485 is 11 years of age or younger, any citation issued shall be issued to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation of ORS 814.486, rather than to the child for violation of ORS 814.485.

(2) If a child in violation of ORS 814.485 to 814.486 is at least 12 years of age and is under 16 years of age, a citation may be issued to the child for violation of ORS 814.485 or to the parent, legal guardian or person with legal responsibility for the safety and welfare of the child for violation ORS 814.486, but not to both.

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Seat Belt Law

811.210 Failure to use safety belts; penalty.

(1) A person commits the offense of failure to use safety belts if the person:

(a) Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section;

(b) Operates a motor vehicle on the highways of this state with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt, or safety harness as required by subsection (2) of this section; or

(c) Is a passenger in a motor vehicle on the highways of this state who is 16 years of age or older and who is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.

(2) To comply with this section:

(a) A Person who is under four years of age and weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing 40 pounds or less;

(b) A person who is at least four years of age and under six years of age or weighs between 40 and 60 pounds must be properly secured with a child safety system that elevates the person so that a safety belt or safety harness properly fits the person. "Proper fit" means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The child safety system shall meet the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing between 40 and 60 pounds; or

(c) A person who is at least six years of age and weighs 60 pounds or more must be properly secured with a safety belt or safety harness that meets requirements under ORS 815.055.

(3) The offense described in this section, failure to use safety belts, is a Class D traffic infraction.

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Curfew

Albany Municipal Code 7.44.110 Responsibility of guardian or parent.

It is unlawful for any parent, legal guardian, or any other adult having the legal care and custody of any minor person under the age of 18 years, to allow or permit any such person to go upon or be upon any street, alley, park or any public place between 10:30 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday, and 5:30 a.m. of the following morning, and between midnight on Friday and Saturday and 5:30 a.m. of the following morning, unless accompanied by a parent or legal guardian or any other person lawfully and properly accompanying such minor person. (Ord. 3228 § 2,1965; Ord. 1555 § 2, 1943).

At what age can a child be left home alone? Legally at 10 years of age; however, you may want to consider ORS 163.545.
163.545 Child neglect in the second degree.

(1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as maybe likely to endanger the health or welfare of such child

(2) Child neglect in the second degree is a Class A misdemeanor.

What is the legal babysitting age? There is no law regarding a specified babysitting age. What is being taught by the local classes offered to prospective sitters is age 11 or 12. The law that may pertain to the 12 years of age follows.
161.290 Incapacity due to immaturity.

(1) A person who is tried, as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when the person was under 12 years of age.

(2) Incapacity due to immaturity, as defined in subsection (1) of this section is a defense.

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Common Dog and Animal Complaints

6.04.015 Number of dogs permitted.

No person, family or business shall keep more than two dogs past the age of six months on any property within the City except within a kennel which has been approved in accordance with the City of Albany Development Code regulations. (Ord. 4557 § 1, 1983).

6.04.020 Dog at large.

When any dog is found running at large in the City, a police officer or dog control officer shall impound it or cite the owner or keeper into court or may do both. It shall be unlawful for a dog to run at large or be permitted to run at large. "At large" shall mean off the premises of the owner or the person having the control, custody, or possession of the dog, while the dog is not under complete control of the owner or such person by a leash or chain not exceeding 10 feet in length, but the use of such leash or chain shall not be required when said dog is in a motor vehicle. (Ord. 4557 § 2, 1983).

6.04170 Public nuisance – Designated.

Dogs shall be considered a public nuisance under the meaning of this chapter in the following instances:

(1) Any dog, when unprovoked, bites any person or animal;

(2) Any dog, which chases vehicles or when off the premises of the owner or keeper, chases any person or persons;

(3) Any dog which scatters garbage other than that of its owner or keeper;

(4) Any dog which trespasses on private property other than its owners or on public rights-of-way;

(5) Any dog(s) which through the negligence of the owner causes animal waste to accumulate on any premises to a degree that offensive odors can be detected from an adjoining street, yard, or residential unit;

(6) Any dog found within a park outside designated areas;

(7) Any dog which barks continuously for more than 10 minutes during any one-hour period when such barking is audible off the premises of the dog’s owner or keeper;

(8) Any dog, except for a Seeing Eye dog whose owner is legally blind, which deposits solid waste matter on any improved property, including public parks and school grounds, other than that of the dog owner. It shall be a defense to this section that the dog owner immediately removes the solid waste. (Ord. 5026 §1,1993; Ord. 4840 §1,1988 Ord. 4557 § 5, 1983).

6.10.040 Public nuisance – Designated.

Animals described within this chapter and domestic cats shall be considered a public nuisance in the following instances:

(1) The number of animals maintained on any premises is found to exceed the number allowed by this chapter.

(2) Any animal or group of animals, which make loud or frequent noises, disruptful of any person’s comfort or repose.

(3) Any animal or group of animals, which through accumulated waste or other reason, causes offensive odors detectable from any right-of-way or adjoining property.

(4) Any animal, which when unprovoked, bites, kicks, scratches, or otherwise threatens the safety of any person.

(5) Any animal which habitually escapes from confinement and trespasses on public or private property. Trespass of more than two occasions shall be considered habitual under the meaning of this section.

(6) Any animal, which is, found running at large as defined by Section 6.12.010 of this code. (Ord. 4713 § 2, 1986; Ord. 4558 § 1, 1983).

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Common Vehicle Complaints

13.21.030 Prohibited parking areas.

(12) Upon any street, alley, public parking lot, or parking strip in the City with any vehicle or combination of vehicles which are in excess of 23 feet in length or in excess of eight feet in width between the hours of 10:00 p.m. and 7:00 a.m. of the following day and all day on Saturday, Sunday, and holidays.

(13) (e) Storage or junkage or dead storage for more than 24 hours.(Ord. 5062 § 1, 1993; Ord. 4702 § 2, 1986).

13.70.010 Definitions.

(1)"Abandoned" means a vehicle left unoccupied and unclaimed; or in such a damaged or disabled or dismantled condition that the vehicle is inoperable; or not currently licensed through the Motor Vehicle Division, if such a license is required by law.

13.70.020 Abandoned vehicles prohibited.

(1) No vehicle that the Chief of Police has reason to believe is abandoned shall be parked or left standing on the right-of-way of a City street, alley, or City property for a period in excess of 24 hours.

(2) A vehicle so parked or left standing may be taken into custody by the Chief of Police and shall be held at the expense of the owner of the vehicle. The Chief of Police may use department personnel, equipment, and facilities for removal and storage of the vehicle or may hire other personnel, equipment, and facilities for that purpose. (Ord. 4971 § 1, 1991; Ord 3562 § 2, 1971).

13.36.180 Motor vehicle or recreational vehicle use for sleeping or housekeeping purposes and related parking restrictions.

It is unlawful, within the City limits, for any person to use a motor vehicle or recreational vehicle for sleeping or housekeeping purposes except as follows:

(1) Within an approved recreational vehicle park;

(2) On the premises of a private residence and with the consent of the occupant of the residence provided that such use by any number of vehicles is limited to not more than seven days in any 90-day period;

(3) Within a required front yard setback, as established by the Albany Development Code, parking of such vehicles is limited to not more than 48 hours.

(4) Within a public right-of-way, parking of self-contained recreational vehicles is limited to 48 hours.

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