Title 13
VEHICLES AND TRAFFIC

Chapters:

13.04 ADOPTION OF STATE TRAFFIC ACT

13.04.080 Adoption of motor vehicle laws – Oregon Laws 1991.

13.08 DEFINITIONS

13.08.010 Generally.

13.08.020 Alley.

13.08.030 Bicycle.

13.08.040 Bus stand.

13.08.050 Curb.

13.08.060 Holidays.

13.08.070 Loading zone.

13.08.080 Park or parking.

13.08.090 Parkway.

13.08.100 Passenger loading zone.

13.08.110 Pedestrian.

13.08.120 Stop.

13.08.130 Taxicab stand.

13.08.140 Traffic lane.

13.12 ENFORCEMENT

13.12.010 Council powers.

13.12.020 City Manager powers.

13.12.030 Police and fire officers.

13.16 SIGNS AND SIGNALS

13.16.010 Obedience required.

13.16.020 Stop signs.

13.16.040 Private marking unlawful.

13.21 REGULATIONS FOR MOTOR VEHICLE PARKING

13.21.010 Definitions.

13.21.020 Improper parking methods.

13.21.030 Prohibited parking areas.

13.21.040 Parking time limited in certain areas.

13.21.050 Parking in violation of signs.

13.21.060 Designation of parking spaces and signs.

13.21.070 Public parking lots.

13.21.080 Use of loading zone.

13.21.090 Use of passenger loading zone.

13.21.100 Restricted use of bus and taxicab stands.

13.21.110 Barricade of parking spaces.

13.21.115 Downtown parking area.

13.21.120 Exemption.

13.21.130 Enforcement responsibility.

13.21.140 Responsibility of owner for parking violations.

13.21.150 Penalties for parking violations.

13.21.160 Methods of charging parking violations.

13.21.170 Forfeiture.

13.21.180 Plea of defendant.

13.21.190 Powers of court upon “No Contest” plea.

13.21.200 Effect of forfeiture deposit not accompanied by answer.

13.21.210 Procedure for adjudication of civil penalty.

13.21.220 Failure to appear and answer parking citations.

13.21.230 Failure to pay civil penalty.

13.22 TRAFFIC CONGESTED THOROUGHFARES

13.22.010 Traffic congested thoroughfares.

13.22.020 Traffic congested thoroughfare defined.

13.22.030 Declaration of traffic congested street.

13.22.040 Posting of signs.

13.22.050 Signs.

13.22.060 Acts prohibited.

13.22.070 Penalty.

13.22.080 Notice of towing for subsequent violations.

13.22.090 Towing and impoundment.

13.22.100 Exemptions.

13.24 FUNERAL ESCORT SERVICE

13.24.010 Defined.

13.24.020 Authority.

13.24.030 Responsibility.

13.24.040 Equipment.

13.28 PEDESTRIANS

13.28.010 Use of sidewalks.

13.28.020 Crossing at right angles.

13.28.030 Use of crosswalk required.

13.32 PARADES – PROCESSIONS – PLAY STREETS

13.32.010 Play streets.

13.32.020 Parade/processional permits required.

13.32.030 Drivers in procession.

13.32.040 Driving through procession.

13.33 TEMPORARY RIGHT-OF-WAY USE PERMIT

13.33.010 Permit required.

13.33.020 Application.

13.33.030 Standards and conditions.

13.33.040 Fee.

13.33.050 Revocation – Renewal.

13.36 GENERAL REGULATIONS

13.36.010 Speed limits in public parks.

13.36.020 Drunken driving.

13.36.030 Drinking in motor vehicles.

13.36.040 Repealed.

13.36.050 Reckless driving.

13.36.060 Right-of-way.

13.36.070 Limitations on backing.

13.36.080 Driving on divided streets.

13.36.090 Boarding or alighting from vehicles.

13.36.100 Riding on motorcycles.

13.36.110 Unlawful riding.

13.36.120 Clinging to vehicles.

13.36.130 Use of roller skates restricted.

13.36.140 Skis on streets.

13.36.150 Damaging sidewalks and curbs.

13.36.160 Obstructing streets.

13.36.170 Removing glass and debris.

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

13.40 BICYCLES

13.40.140 Riding on sidewalks.

13.40.150 Parking.

13.48 EMERGENCY VEHICLES

13.48.010 Applicability of title.

13.52 CITATIONS

13.52.010 Illegal cancellation.

13.52.020 Issuance.

13.52.030 Issuance of warrant.

13.60 AIRPORT REGULATIONS

13.60.010 Definitions.

13.60.020 General rules.

13.60.030 Ground rules.

13.60.040 Taxiing rules.

13.60.050 Landing and takeoff rules.

13.60.060 Fire regulations.

13.60.070 Intoxicating liquor.

13.60.090 Fees.

13.64 VEHICLE LOAD LIMITS

13.64.010 Bridge on Third Avenue.

13.70 ABANDONED VEHICLES

13.70.010 Definitions.

13.70.020 Abandoned vehicles prohibited.

13.70.030 Impounding hazardous vehicles.

13.70.040 Towing and storage liens.

13.70.050 Pre-towing investigation and notice.

13.70.060 Contents of pre-towing notice.

13.70.070 Post-towing notice.

13.70.080 Hearing.

13.70.090 Decision of hearing.

13.70.100 Failure to appear.

13.70.110 Exemption from notice and hearing requirements.

13.80 NUISANCE VEHICLES

13.80.010 Impounding certain vehicles as nuisances.

13.80.020 Notification to owner.

13.80.030 Hearing.

13.80.040 Release of impounded vehicle.

13.80.050 Towing and storage liens.

13.80.060 Criminal investigations.

Chapter 13.04
ADOPTION OF STATE TRAFFIC ACT

Sections:

13.04.080 Adoption of motor vehicle laws – Oregon Laws 1991.

13.04.080 Adoption of motor vehicle laws – Oregon Laws 1991.

Violation of the provisions contained in Oregon Revised Statutes, Chapters 801, 802, 803, 805, 806, 807, 809, 810, 811, 813, 814, 815, 816, 818, 819, 820, 821, 822, and 823 as amended by the Oregon Laws 1991 shall be an offense against the City of Albany and prosecution and trial thereunder shall be as provided therein. (Ord. 4979 § 1, 1991; Ord. 4882 § 1, 1989; Ord. 4797 § 1, 1987; Ord. 4709 § 1, 1986; Ord. 4620 § 1, 1984).

Chapter 13.08
DEFINITIONS

Sections:

13.08.010 Generally.

13.08.020 Alley.

13.08.030 Bicycle.

13.08.040 Bus stand.

13.08.050 Curb.

13.08.060 Holidays.

13.08.070 Loading zone.

13.08.080 Park or parking.

13.08.090 Parkway.

13.08.100 Passenger loading zone.

13.08.110 Pedestrian.

13.08.120 Stop.

13.08.130 Taxicab stand.

13.08.140 Traffic lane.

13.08.010 Generally.

In addition to those definitions contained in the adopted sections of the motor vehicle laws of Oregon, the following words or phrases, except where the context clearly indicates a different meaning, shall have the meanings set forth in this chapter. (Ord. 2751 § 2, 1957).

13.08.020 Alley.

“Alley” means a narrow street through the middle of the block. (Ord. 2751 § 2(a), 1957).

13.08.030 Bicycle.

“Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 20 inches in diameter. (Ord. 2751 § 2(b), 1957).

13.08.040 Bus stand.

“Bus stand” means a fixed area in the roadway adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers. (Ord. 2751 § 2(c), 1957).

13.08.050 Curb.

“Curb” means the extreme edge of the roadway. (Ord. 2751 § 2(d), 1957).

13.08.060 Holidays.

Where used in this title or on signs erected in accordance with this title, “holiday” means Sundays, and any legal holidays observed by the State of Oregon and/or the City of Albany. (Ord. 5026 § 1, 1993; Ord. 2751 § 2(e), 1957).

13.08.070 Loading zone.

“Loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials or freight. (Ord. 2751 § 2(f), 1957).

13.08.080 Park or parking.

“Park” or “parking” means the standing of a vehicle, whether occupied or not, except when a vehicle is temporarily standing for the purpose of and while actually engaged in loading or unloading. (Ord. 2751 § 2(g), 1957).

13.08.090 Parkway.

“Parkway” means that portion of a street not used as a roadway or as a sidewalk. (Ord. 2751 § 2(h), 1957).

13.08.100 Passenger loading zone.

“Passenger loading zone” means reserved only for the loading or unloading of passengers and their luggage. (Ord. 2751 § 2(i), 1957).

13.08.110 Pedestrian.

“Pedestrian” means any person afoot. (Ord. 2751 § 2(j), 1957).

13.08.120 Stop.

“Stop” means complete cessation of movement. (Ord. 2751 § 2(l), 1957).

13.08.130 Taxicab stand.

“Taxicab stand” means a fixed area in the roadway adjacent to the curb set aside for taxicabs to stand or wait for passengers. (Ord. 2751 § 2(m), 1957).

13.08.140 Traffic lane.

“Traffic lane” means that portion of the roadway used for the movement of a single line of vehicles. (Ord. 2751 § 2(n), 1957).

Chapter 13.12
ENFORCEMENT

Sections:

13.12.010 Council powers.

13.12.020 City Manager powers.

13.12.030 Police and fire officers.

13.12.010 Council powers.

The City Council shall designate, by resolution, the following:

(1) Streets, portions of streets, sides of streets or City owned or leased land upon which parking, or standing shall be prohibited or prohibited during certain hours and the angle of such parking;

(2) Parking meter zones, including the denomination of the coin or coins that shall be deposited in parking meters, the parking time allowed following deposit of the coins and the hours during which such deposits are required;

(3) Through streets;

(4) One-way streets;

(5) Truck routes;

(6) Streets where trucks, machinery or any other large or heavy vehicles exceeding specified weights shall be prohibited. The vehicles may, however, be operated on such streets for the purpose of delivering or picking up materials or merchandise, but then only by entering the streets at the intersection nearest the destination of the vehicle and proceeding no farther than the nearest intersection. (Ord. 2751 § 3, 1957).

13.12.020 City Manager powers.

The City Manager for best use of the streets in the public interest shall exercise the following powers based on standards established by the State Highway Commission and recognized traffic control standards such as the Manual on Uniform Traffic Control Devices published by the Bureau of Public Roads, providing, where required by the motor vehicle laws of Oregon approval by the State Highway Commission has first been secured:

(1) Designate where traffic control signals shall be placed and the time of operation of such signals;

(2) Establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier vehicles;

(3) Designate the location of passenger loading zones for use in front of the entrance to any hotel, auditorium, theater, church, school or public building;

(4) Designate the location of material and freight loading zones;

(5) Designate and cause to be placed or maintained appropriate signs, marks or lines for:

(a) Intersections where drivers of vehicles shall not make right, left or “U” turns and the times when such prohibitions apply,

(b) Crosswalks at intersections where deemed necessary for pedestrian safety,

(c) Safety zones of such kind and character and at such places as deemed necessary for pedestrian safety,

(d) Play streets, or such hours when certain streets may be used as such, on which no person shall drive a vehicle upon such street or portion thereof, except drivers of vehicles having business or whose residences are within such closed area, and then such driver shall exercise the greatest care in driving upon such street,

(e) Parking meters;

(6) Cause to be placed or marked and maintained:

(a) Traffic control signs,

(b) Parking spaces,

(c) Traffic lanes and other symbols,

(d) All other signs and marking necessary to implement traffic and parking controls enacted by the City Council;

(7) Cause to be removed or reduced in height, or trim any hedge, shrubbery or tree extending over the street;

(8) Make and enforce temporary, experimental or emergency regulations, consistent with this title. No such regulation shall be effective and in force until and unless adequate signs, signals, or other notices are erected clearly indicating such regulation. No such regulation shall remain in effect for more than 30 days. (Ord. 2751 § 4, 1957).

13.12.030 Police and fire officers.

(1) It shall be the duty of the Police Department, through its officers, to enforce the provisions of this title.

(2) In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of this title.

(3) Members of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (Ord. 2751 § 5, 1957).

Chapter 13.16
SIGNS AND SIGNALS

Sections:

13.16.010 Obedience required.

13.16.020 Stop signs.

13.16.040 Private marking unlawful.

13.16.010 Obedience required.

(1) No driver of any vehicle shall disobey the instructions of any traffic sign, signal, marker, barrier or parking meter placed in accordance with the motor vehicle laws of Oregon or this title, including those erected by any authorized public utility and department of this City or other authorized person, unless it is necessary to avoid conflict with other traffic or otherwise directed by a police officer.

(2) No unauthorized person shall move, remove or alter the position of, or deface or tamper with any such sign, signal, marker, barrier or parking meter. (Ord. 2751 § 6, 1957).

13.16.020 Stop signs.

When stop signs are erected at or near the entrance to any intersection, every driver of a vehicle approaching such sign shall come to a full stop before entering any crosswalk or intersection, except when directed to proceed by a police officer or traffic control signal. (Ord. 2751 § 8, 1957).

13.16.040 Private marking unlawful.

It is unlawful for any person to letter, mark, or paint in any manner any letters, marks, or signs on any sidewalk, curb, street or alley, or to post on a parking strip anything designed or intended to prohibit or restrict parking in front of any sidewalk, dwelling house, business house, or in any alley, except in compliance with the provisions of this title. (Ord. 2751 § 9, 1957).

Chapter 13.21
REGULATIONS FOR MOTOR
VEHICLE PARKING

Sections:

13.21.010 Definitions.

13.21.020 Improper parking methods.

13.21.030 Prohibited parking areas.

13.21.040 Parking time limited in certain areas.

13.21.050 Parking in violation of signs.

13.21.060 Designation of parking spaces and signs.

13.21.070 Public parking lots.

13.21.080 Use of loading zone.

13.21.090 Use of passenger loading zone.

13.21.100 Restricted use of bus and taxicab stands.

13.21.110 Barricade of parking spaces.

13.21.115 Downtown parking area.

13.21.120 Exemption.

13.21.130 Enforcement responsibility.

13.21.140 Responsibility of owner for parking violations.

13.21.150 Penalties for parking violations.

13.21.160 Methods of charging parking violations.

13.21.170 Forfeiture.

13.21.180 Plea of defendant.

13.21.190 Powers of court upon “No Contest” plea.

13.21.200 Effect of forfeiture deposit not accompanied by answer.

13.21.210 Procedure for adjudication of civil penalty.

13.21.220 Failure to appear and answer parking citations.

13.21.230 Failure to pay civil penalty.

13.21.010 Definitions.

For the purpose of this chapter:

(1) “Park” or “parking” means the standing of a vehicle, whether occupied or not, upon a street otherwise and temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience of traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle.

(2) “Persons” means and includes any individual, firm, copartnership, association or corporation.

(3) “Operator” means and includes every individual who shall operate a vehicle as the owner thereof, or as the agent, employee, permittee of the owner or in actual physical control of the vehicle.

(4) “Street” means any public street, avenue, road, alley, highway, lane, path, or other public place located in the City, established for the use of vehicles.

(5) “Vehicle” means any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks. (Ord. 4702 § 2, 1986).

13.21.020 Improper parking methods.

(1) No person shall stand or park a vehicle in a street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb, except where the street is marked or signed for angle parking.

(2) Where parking space markings are placed on a street, no person shall stand or park a vehicle other than at the indicated direction and within a single marked space, unless the size or shape of the vehicle makes compliance impossible.

(3) Whenever the owner or driver of a vehicle discovers that the vehicle is parked immediately in front of or close to a building to which the Fire Department has been summoned, he/she shall immediately remove the vehicle from the area unless otherwise directed by police or fire officers. (Ord. 4702 § 2, 1986).

13.21.030 Prohibited parking areas.

No driver of a vehicle shall stop, stand or park it, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control signal, in any of the following places:

(1) When in an intersection;

(2) On a crosswalk;

(3) Within 10 feet of a fire hydrant;

(4) In front of a private driveway;

(5) On a sidewalk or in such a manner as to block a sidewalk;

(6) In a bus stand, unless operating a bus;

(7) In a passenger loading zone, unless loading or unloading passengers and their luggage;

(8) In a taxi stand, unless a regularly licensed taxicab;

(9) Upon a bridge, viaduct or elevated structure used as a street;

(10) In any alley, except to load or unload persons or materials not to exceed 15 consecutive minutes in any one hour. A vehicle may park in any alley between the hours of 8:00 a.m. and 5:00 p.m. if it is actively needed to make installation or repairs to equipment or buildings or for building construction, provided the vehicles will not cause the alley to be blocked to other traffic.

(11) Upon any parkway except where specifically authorized;

(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) Upon any street within the City for the principal purpose of:

(a) Displaying such vehicle for sale,

(b) Greasing or repairing such vehicle, except repairs necessitated by emergency,

(c) Displaying or advertising from such vehicle,

(d) Selling merchandise from such vehicle, except in a duly licensed market place or when so authorized or licensed under the ordinances of this City,

(e) Storage or junkage or dead storage for more than 24 hours.

(14) A vehicle upon any marked bicycle pathway. (Ord. 5026 § 1, 1993; Ord. 4702 § 2, 1986).

13.21.040 Parking time limited in certain areas.

When signs are erected in any block or within any public parking lot limiting permissible parking time, no person shall park a vehicle within that block or parking lot for longer than the time posted upon the sign. Movement of a vehicle to a parking space on either side of the same street within the area between the intersections at each end of the block shall not extend the time limits for parking. Nor shall movement of a vehicle to another parking space within the same parking lot extend the time limits for parking. After a vehicle has been moved from the posted block or parking lot for a period of time not less than one hour, then a new time limitation shall apply. (Ord. 4702 § 2, 1986).

13.21.050 Parking in violation of signs.

(1) No person shall stand or park a vehicle in violation of any sign posted by the City of Albany regulating the manner in which vehicles may be parked upon a public street or upon a public parking lot.

(2) No person shall stand or park a vehicle in violation of any sign posted by the City of Albany, or the owner of a private parking lot, regulating the manner in which vehicles may park or stand upon said private parking lot when all businesses served by said lot are closed.

(3) No person shall cause a vehicle to enter upon a private parking lot in violation of any sign posted by the City of Albany, or the owner of a private parking lot, regulating or restricting entry upon said private parking lot.

(4) It shall be an affirmative defense to the alleged violation of subsections (2) or (3) of this section that the operator of the vehicle in question had express permission from the owner of the private parking lot in question to park, stand, or enter upon the lot in the manner alleged by the City.

(5) It shall be an affirmative defense to the alleged violation of subsections (2) or (3) of this section that the signs regulating or restricting parking, standing, or entry were not clearly visible or did not prescribe the conduct in question with reasonable clarity. (Ord. 4752 § 1, 1987; Ord. 4702 § 2, 1986).

13.21.060 Designation of parking spaces and signs.

The Public Works Director of the City of Albany is hereby authorized to designate and mark off individual parking spaces upon public streets or parking lots. Parking spaces are to be designated by lines painted or durably marked upon the curbing or the surface of the street. The Public Works Director is further authorized to post signs upon or adjacent to public streets or parking lots regulating the manner in which vehicles may be parked. (Ord. 4702 § 2, 1986).

13.21.070 Public parking lots.

It is unlawful for any person to back into and leave a parked motor vehicle in a parking space on a public parking lot in the City. (Ord. 4702 § 2, 1986).

13.21.080 Use of loading zone.

No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick up and loading of materials, freight or passengers in any place designated a loading zone during the hours when the provisions applicable to loading zones are in effect. The stopping, standing or parking of a vehicle in an unmetered loading zone in excess of 15 minutes shall be prima facie evidence of a violation of the use of the loading zone. (Ord. 4702 § 2, 1986).

13.21.090 Use of passenger loading zone.

No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in any place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect. (Ord. 4702 § 2, 1986).

13.21.100 Restricted use of bus and taxicab stands.

No person shall stop, stand, or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (Ord. 4702 § 2, 1986).

13.21.110 Barricade of parking spaces.

(1) The City Recorder may issue a permit to be placed on a barricade in a parking space in a time limit zone to a contractor or utility company engaged in construction, reconstruction, or repair of a building or installation of equipment, or to persons engaged in moving furniture or fixtures into or out of a building located adjacent to a street in a time limit zone when such building is to be used as a public gathering place.

(2) The permit shall be issued only for each particular construction job or use.

(3) No person shall stand or park vehicles and/or equipment other than those described on the permit in the posted or barricaded space or area. (Ord. 4702 § 2, 1986).

13.21.115 Downtown parking area.

(1) The City Manager and the City Recorder are hereby authorized to enter into an agreement with the Albany Downtown Association providing for management of parking facilities and enforcement of on-street parking in areas in conformance with the following described areas:

Beginning at the Willamette River and Montgomery Street, then South to the Northeast Intersection of Montgomery Street and Water Street proceeding South to the Northeast corner of First Avenue and Montgomery Street, heading East to the Northeast corner of First Avenue and Railroad Street, then South along Railroad Street to the Southeast corner of Second Avenue and Railroad Street, then West to the Southeast corner of Second Avenue and Montgomery Street, proceeding South to the Southeast corner of Fourth Avenue and Montgomery Street, then West to the Southwest corner of Fourth Avenue and Baker Street, then South to the Southwest corner of Fifth Avenue and Baker Street, then West to the Southeast corner of Fifth Avenue and Lyon Street, then South to the Southeast corner of Ninth Avenue and Lyon Street, then West on Ninth Street to the Southwest corner of Ninth Avenue and Ellsworth Street then North on Ellsworth Street to the Southwest corner of Sixth Avenue and Ellsworth Street, then West on Sixth Avenue to the Southwest corner of Sixth Avenue and Ferry Street, then North on Ferry Street to the Southwest corner of Fifth Avenue and Ferry Street, then West to the Southwest corner of Fifth Avenue and Washington Street, then North on Washington Street to the Southwest corner of Fourth Avenue and Washington Street, then West to the Southwest corner of Fourth Avenue and Calapooia Street, then North on Calapooia to the Willamette River, then along the Willamette River East to the point of beginning.

(2) The Finance Director of the City of Albany is authorized to advance funds pursuant to the aforesaid agreement.

(3)(a) Except as provided in subsection (3)(b) and (c) of this section, no person shall, while at his or her residence or place of employment, cause, allow, suffer or permit any motor vehicle owned, operated or controlled by that person to be parked in any one or more parking spaces in an area designated for limited-time parking or all-day customer parking, upon the public streets or parking areas within the downtown parking area described in this section between 9:00 a.m. and 4:00 p.m. on any day.

For the purpose of this section, the term “employment” shall include being engaged for wages, credit or other remuneration or as a volunteer for a public or private enterprise.

(b) This section shall not apply on Sundays or holidays designated in ORS 187.010 and 187.020 or to persons granted special permits for reasons of disability or otherwise.

(c) Employer-owned or controlled vehicles shall be permitted in designated loading zones, subject to the limitations on the use of such zones as provided by City ordinance.

(4)(a) Every self-employed person and employer who employs one or more persons who work in or have as their primary place of employment a location within the downtown parking area described in this section, shall provide to the City of Albany or the management entity who is managing the area pursuant to a contract with the City, the employers’ and employees’ names and residence addresses and vehicle license number of the vehicles owned, operated or controlled by each employer and employee.

(b) The information required by subsection (4)(a) shall be sworn to and submitted on January 1st, April 1st, July 1st and October 1st of each year or upon request of the management entity in a manner prescribed and on forms provided by the entity managing the downtown street parking. (Ord. 5326 § 1, 1997; Ord. 5156 § 3, 1994).

13.21.120 Exemption.

The provisions of this title regulating the parking or standing of vehicles do not apply to any vehicle of a City department or public utility while necessarily in use for construction or repair work on the street or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. (Ord. 4702 § 2, 1986).

13.21.130 Enforcement responsibility.

The Chief of Police, police officers and any other person or corporation contracted to manage on-street and off-street parking within the City shall have the responsibility for the enforcement of the provisions of this chapter. The Chief of Police, police officers or any person or corporation who contracts to enforce and manage on and off-street parking within the City may appoint such persons as he/she/it deems necessary to act as parking enforcement personnel. Such personnel shall have the authority and responsibility to enforce all regulations of this chapter. Police officers appointed by the Chief of Police and other persons appointed by any person or corporation who contracts to enforce and manage on and off-street parking within the City shall be considered “issuing officers” for the purposes of ORS 221.340. (Ord. 5156 § 1, 1994; Ord. 5026 § 1, 1993; Ord. 4702 § 2, 1986).

13.21.140 Responsibility of owner for parking violations.

(1) The owner of a vehicle parked in violation of AMC 13.21.010 through 13.21.120 shall be responsible for the offense, except where the use of the vehicle was secured by the operator without the owner’s consent.

(2) In a prosecution of a vehicle owner charged with a violation of AMC 13.21.010 through 13.21.120, proof that at the time of the alleged violation the vehicle was registered with the appropriate motor vehicle licensing authority of any state as belonging to the defendant shall raise a disputable presumption that he/she was the owner at the time of the violation in question. (Ord. 5026 § 1, 1993; Ord. 4951 § 1, 1991; Ord. 4702 § 2, 1986).

13.21.150 Penalties for parking violations.

Notwithstanding AMC 1.04.010, violations of AMC 13.21.010 through 13.21.120 shall be punishable only through the imposition of a civil penalty in the amount not to exceed $100.00 per violation, and shall be enforceable in any civil court of competent jurisdiction as well as the Albany Municipal Court. (Ord. 5156 § 2, 1994; Ord. 4951 § 1, 1991; Ord. 4702 § 2, 1986).

13.21.160 Methods of charging parking violations.

Whenever any officer having enforcement responsibility as provided in AMC 13.21.130 shall have reasonable cause to believe that a vehicle is parked in violation of any of the provisions of AMC 13.21.010 through 13.21.120, he/she shall issue a citation in conformance with ORS 221.340, and file the original thereof with the Municipal Court Clerk or such other person as the Clerk may designate to receive such citations. (Ord. 5026 § 1, 1993; Ord. 4951 § 1, 1991; Ord. 4702 § 2, 1986).

13.21.170 Forfeiture.

(1) Before midnight on the fourteenth day following the date of the alleged violation, any person charged with a violation of AMC 13.21.010 through 13.21.120 may, without personal appearance before the Municipal Judge, make a forfeiture deposit in the amount shown on the citation charging such offense, which amount shall be for an alleged violation of:

(a) AMC 13.21.020(1), 13.21.030 (1) through (14), 13.21.050(1), 13.21.070, 13.21.080, 13.21.090, 13.21.100, and any other violation of 13.21.010 through 13.21.120 and any other parking regulations for which a specific forfeiture deposit is not set forth below, [____].

(b) AMC 13.21.020(2), 13.21.040, [____].

(c) AMC 13.21.030(12), [____].

(d) AMC 13.21.050(2) and (3), [____].

(2) After the period set forth in subsection (1) of this section, and before midnight of the thirtieth day following the date of the alleged offense, any person so charged may, without personal appearance before the Municipal Judge, make a forfeiture deposit in the amount designated in this subsection.

If the amount under subsection (1) of this section for the alleged violation is:

(a) [__a__], then the forfeiture shall be [__b__].

(b) [__a__], then the forfeiture shall be [__b__].

(c) [__a__], then the forfeiture shall be [__b__].

(d) [__a__], then the forfeiture shall be [__b__].

(3) After midnight of the thirtieth day following the date of the alleged offense, any person so charged may, without personal appearance before the Municipal Judge, make a forfeiture deposit in the amount designated in this subsection. If the amount under subsection (1) of this section for the alleged violation is:

(a) [__a__], then the forfeiture shall be [__b__].

(b) [__a__], then the forfeiture shall be [__b__].

(c) [__a__], then the forfeiture shall be [__b__].

(d) [__a__], then the forfeiture shall be [__b__].

(4) The Municipal Judge may, in the exercise of his/her discretion and where he/she deems cause to exist therefor in a particular case, remit all or any portion of the forfeiture set forth in this section, or

require any additional sum he/she deems necessary up to the maximum civil penalty prescribed in AMC Section 13.21.150. (Ord. 5026 § 1, 1993; Ord. 4951 § 1, 1991; Ord. 4796, 1987; Ord. 4752 § 2, 1987; Ord. 4702 § 2, 1986).

13.21.180 Plea of defendant.

Any person charged with a violation of AMC Sections 13.21.010 through 13.21.120 shall plead either guilty, not guilty, or no contest to the charge by:

(1) Appearing before the Municipal Judge and entering his/her plea in open court;

(2) Entering his/her plea in writing, by regular mail or personal delivery, accompanied by the sum fixed as bail which shall equal the forfeiture amount set forth at AMC 13.21.170; or

(3) Depositing bail, equal to the forfeiture amount without a specific plea as provided in AMC Section 13.21.170. (Ord. 5026 § 1, 1993; Ord. 4702 § 2, 1986).

13.21.190 Powers of court upon “No Contest” plea.

Upon entry of a plea of “no contest” as provided in AMC 13.21.180 or 13.21.200, the court may consider any oral or written statement given by the defendant; and may, on its own motion and in the interest of justice, order the charge dismissed and any bail returned to the defendant. Unless the court dismisses the charge, the court shall enter a judgment of conviction upon a plea of “no contest.” (Ord. 4702 § 2, 1986).

13.21.200 Effect of forfeiture deposit not accompanied by answer.

Whenever a person charged with a violation of AMC 13.21.010 through 13.21.120 makes a forfeiture deposit in the sum fixed pursuant to AMC 13.21.170, but does not enter his/her answer either personally or in writing, such deposit shall be deemed an answer of “no contest,” except that, if the deposit is accompanied by a writing which does not specifically state an answer, the Municipal Judge may, in his/her discretion, treat the writing as either an answer of no contest or an answer of denial, depending on the tenor of the respondent’s statement as to the material facts of the alleged violation, or may require that the respondent enter a specific answer within seven days, failure to enter which shall be deemed an answer of “no contest.” (Ord. 5026 § 1, 1993; Ord. 4702 § 2, 1986).

13.21.210 Procedure for adjudication of civil penalty.

The procedure to be used for adjudicating a defendant’s violation of AMC Sections 13.21.010 through 13.21.120 and the appeal of any conviction therefrom shall be the same as those employed for the adjudication of any criminal violation of the Albany Municipal Code except that:

(1) Defense counsel shall not be provided at public expense;

(2) While the City Attorney may aid in preparing evidence and obtaining witnesses for trial, he/she shall not appear at such trial unless counsel for the defendant appears;

(3) The City shall have the burden of proving the defendant’s commission of the violation in question by preponderance of the evidence; and

(4) There shall be no right to jury trial. (Ord. 5026 § 1, 1993; Ord. 4702 § 2, 1986).

13.21.220 Failure to appear and answer parking citations.

Every person cited for a parking violation pursuant to AMC Sections 13.21.010 through 13.21.120 shall appear before the Municipal Judge on the day and at the time and place specified in the parking citation and enter a plea as required by AMC Section 13.21.180. A failure to appear and answer said charge or a failure to appear at any subsequent trial or hearing after having received notice thereof, shall be a crime punishable by the general penalty set forth in AMC Section 1.04.010. (Ord. 4702 § 2, 1986).

13.21.230 Failure to pay civil penalty.

Any civil penalty referred to in this chapter shall be imposed by order of the Municipal Court and any failure to pay said penalty shall be enforceable through contempt proceedings. (Ord. 4702 § 2, 1986).

Chapter 13.22
TRAFFIC CONGESTED THOROUGHFARES

Sections:

13.22.010 Traffic congested thoroughfares.

13.22.020 Traffic congested thoroughfare defined.

13.22.030 Declaration of traffic congested street.

13.22.040 Posting of signs.

13.22.050 Signs.

13.22.060 Acts prohibited.

13.22.070 Penalty.

13.22.080 Notice of towing for subsequent violations.

13.22.090 Towing and impoundment.

13.22.100 Exemptions.

13.22.010 Traffic congested thoroughfares.

The purpose of this section is to prohibit the repeated driving of a motor vehicle along and across one portion of a congested public thoroughfare. Violation of this section shall constitute a strict liability offense without requirement of a culpable mental state. (Ord. 4838 § 1, 1988).

13.22.020 Traffic congested thoroughfare defined.

A traffic congested thoroughfare shall be defined as any public street, or portion thereof, which has been so designated by the City Council of the City of Albany because of the repeated driving of the same motor vehicles thereon during particular days of the week and/or during particular hours of the day. (Ord. 4838 § 1, 1988).

13.22.030 Declaration of traffic congested street.

The City Council of the City of Albany, by motion or resolution, may declare a portion of a public street to be a traffic congested thoroughfare whenever, in the exercise of reasonable discretion, it is determined that the repeated driving of the same motor vehicles along that portion of the public street during particular days of the week and/or particular hours of the day has caused that street to become so congested with traffic as to cause obstruction of streets, sidewalks, and parking lots, or the impediment of access to retail business or other buildings open to the public, or the interference with the use of property for the conduct of business in the areas adjacent thereto, or that emergency vehicles cannot respond in that area in a timely manner. The motion or resolution may specify particular days of the week and/or particular hours of the day when the repeated driving in question is prohibited. (Ord. 4838 § 1, 1988).

13.22.040 Posting of signs.

Whenever the City Council of the City of Albany declares a portion of a street to be a traffic congested thoroughfare, it shall cause signs to be posted giving notice of that designation. (Ord. 4838 § 1, 1988).

13.22.050 Signs.

The signs referred to in Section 13.22.040 above shall notify drivers that they are entering a traffic congested thoroughfare and that passage of the same motor vehicle through or across the traffic congested thoroughfare between prohibited hours, and/or during prohibited days, more than two times, is a violation of this section and that upon a subsequent violation, the vehicle may be towed. (Ord. 4838 § 1, 1988).

13.22.060 Acts prohibited.

Between the hours and/or on the days, specified in the motion or resolution referred to in AMC 13.22.030, no vehicle shall pass along or across a traffic congested thoroughfare, designated as such by signs as described in Section 13.22.050 above, more than two times during any two-hour period. (Ord. 4838 § 1, 1988).

13.22.070 Penalty.

Violation of this chapter shall be a civil infraction punishable as provided by AMC 1.04.010. (Ord. 4838 § 1, 1988).

13.22.080 Notice of towing for subsequent violations.

Upon issuing a citation for violation of Section 13.22.060, the citing officer shall give the person to whom the citation is issued a written notice which shall state:

NOTICE

You have been cited for violation of AMC Section 13.22.060 for repeated passage of a motor vehicle on or across a traffic congested thoroughfare. If the vehicle you are driving is again driven along or across a traffic congested thoroughfare before (end of applicable two-hour period) the driver may be cited for violation of AMC Section 13.22.060 and the vehicle may be impounded and towed at your expense or at the expense of the owner or other person entitled to possession of the vehicle.

_____________________________ Name of Officer

(Ord. 4838 § 1, 1988).

13.22.090 Towing and impoundment.

Any vehicle which violates AMC Section 13.22.060 more than once within the same prohibited time period may be cited for multiple violations of AMC 13.22.060 and the vehicle used in the commission of the violations may be towed and taken to a storage area maintained by the tower, selected by the City, and there impounded. All costs of towing, storage, and impoundment, shall be at the expense of the owner or person entitled to possession of the vehicle. (Ord. 4838 § 1, 1988).

13.22.100 Exemptions.

AMC Sections 13.22.010 through 13.22.090 shall not apply to:

(1) Any publicly owned vehicle of any City, County, public district, state or federal agency.

(2) Any vehicle licensed for public transportation.

(3) Any other vehicle granted an exemption by the Chief of Police because passage of the vehicle along or across the traffic congested thoroughfare is necessary for commercial and medical reasons. (Ord. 4838 § 1, 1988).

Chapter 13.24
FUNERAL ESCORT SERVICE

Sections:

13.24.010 Defined.

13.24.020 Authority.

13.24.030 Responsibility.

13.24.040 Equipment.

13.24.010 Defined.

The term “funeral escort service” means any person, firm or corporation employed by a funeral establishment for the purpose of providing vehicular escort for a funeral procession. (Ord. 4949 § 1, 1991).

13.24.020 Authority.

Any person or persons employed as a funeral escort service while carrying out the function of a funeral escort may direct traffic as necessary to allow the safe and expeditious travel of a funeral possession. (Ord. 4949 § 1, 1991).

13.24.030 Responsibility.

The authority granted in Section 13.24.020 does not relieve a person acting as a funeral escort from the duty to operate in a manner that insures the safety of all persons or property. (Ord. 4949 § 1, 1991).

13.24.040 Equipment.

Vehicles used to escort funeral processions may display warning lights as permitted in Oregon Revised Statues while actually engaged in escorting a funeral procession. (Ord. 4949 § 1, 1991).

Chapter 13.28
PEDESTRIANS

Sections:

13.28.010 Use of sidewalks.

13.28.020 Crossing at right angles.

13.28.030 Use of crosswalk required.

13.28.010 Use of sidewalks.

Pedestrians shall not use any roadway for travel when sidewalks abutting the same are available. (Ord. 2751 § 26, 1957).

13.28.020 Crossing at right angles.

No pedestrian shall cross a street at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk. (Ord. 2751 § 27, 1957).

13.28.030 Use of crosswalk required.

No pedestrian shall cross a street other than within a crosswalk in blocks with marked crosswalks. (Ord. 2751 § 28, 1957).

Chapter 13.32
PARADES – PROCESSIONS –
PLAY STREETS

Sections:

13.32.010 Play streets.

13.32.020 Parade/processional permits required.

13.32.030 Drivers in procession.

13.32.040 Driving through procession.

13.32.010 Play streets.

The City Manager may designate specific locations on public streets and sidewalks as play streets designating such hours when certain streets may be used as such, on which no person shall drive a vehicle upon such street or portion thereof, except as drivers of vehicles having business or whose residences are within such closed area, and then such driver shall exercise the greatest care in driving upon such street. (Ord. 4524 § 1, 1982).

13.32.020 Parade/processional permits required.

No procession or parade, except a funeral procession, the forces of the United States Armed Forces, and the military forces of this State, shall occupy, march, or proceed along any street except in accordance with a temporary right-of-way permit. The permit may be granted where it is found that the parade is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace, cause damage, or unreasonably interfere with the public use of the streets, or the peace and quiet of the inhabitants of this City. (Ord. 4524 § 1, 1982; Ord. 2751 § 28, 1957).

13.32.030 Drivers in procession.

Each driver in a funeral or other procession shall drive as near to the right-hand edge of the street as practical and shall follow the vehicle ahead as closely as is practical and safe. (Ord. 4524 § 1, 1982; Ord. 2751 § 31, 1957).

13.32.040 Driving through procession.

No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while in motion, except where traffic is controlled by traffic signals or when otherwise directed by a police officer. This provision does not apply to authorized emergency vehicles. (Ord. 4524 § 1, 1982; Ord. 2751 § 32, 1957).

Chapter 13.33
TEMPORARY RIGHT-OF-WAY
USE PERMIT

Sections:

13.33.010 Permit required.

13.33.020 Application.

13.33.030 Standards and conditions.

13.33.040 Fee.

13.33.050 Revocation – Renewal.

13.33.010 Permit required.

No person or persons shall obstruct or make use of a public street, sidewalk, or other right-of-way for the purpose of a public or private gathering, parade or processional, display advertising, offering of services, food or other merchandise, promotional event or making use of a public right-of-way which would limit the unobstructed use of such by the general public, without first obtaining a temporary right-of-way permit. (Ord. 4525 § 1, 1982).

13.33.020 Application.

Application for a temporary right-of-way use permit shall be made on the form provided by the City and shall contain:

(1) The name of the person or organization requesting the permit; and

(2) A description of the intended use, routes, size of display, and, if required, a drawing or site plan which indicates size, materials, and location of the intended use. (Ord. 4525 § 1, 1982).

13.33.030 Standards and conditions.

The City Manager shall review each application with consideration to existing laws and ordinances, disruption of, or hazards to safe vehicle and pedestrian movement and authorize those activities which will be permitted. Should an application for a permit be denied, the applicant may appeal to the City Council. (Ord. 4525 § 1, 1982).

13.33.040 Fee.

A fee of [____] will be charged for any permit which involves the promotion or sale of merchandise or services. (Ord. 5026 § 1, 1993; Ord. 4525 § 1, 1982).

13.33.050 Revocation – Renewal.

The permit shall be valid for the period specified thereon and may be renewed annually. Permits may be revoked or renewal thereof denied for violation of conditions placed on the permit, or for any fraud or misrepresentation in the application. (Ord. 4525 § 1, 1982).

Chapter 13.36
GENERAL REGULATIONS

Sections:

13.36.010 Speed limits in public parks.

13.36.020 Drunken driving.

13.36.030 Drinking in motor vehicles.

13.36.040 Repealed.

13.36.050 Reckless driving.

13.36.060 Right-of-way.

13.36.070 Limitations on backing.

13.36.080 Driving on divided streets.

13.36.090 Boarding or alighting from vehicles.

13.36.100 Riding on motorcycles.

13.36.110 Unlawful riding.

13.36.120 Clinging to vehicles.

13.36.130 Use of roller skates restricted.

13.36.140 Skis on streets.

13.36.150 Damaging sidewalks and curbs.

13.36.160 Obstructing streets.

13.36.170 Removing glass and debris.

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

13.36.010 Speed limits in public parks.

No person shall drive a vehicle upon any street in any public park of this City at a speed exceeding 15 miles per hour unless signs erected indicate otherwise. (Ord. 2751 § 33, 1957).

13.36.020 Drunken driving.

ORS 483.992 is hereby adopted by reference in its entirety. (Ord. 3308 § 1, 1967; Ord. 2751 § 34, 1957).

13.36.030 Drinking in motor vehicles.

It is unlawful for any person to consume alcoholic liquor while an occupant of a motor vehicle on any street in this City. (Ord. 2751 § 35, 1957).

13.36.040 Drunk in motor vehicle. Repealed by Ord. 5141. (Ord. 2751 § 36, 1957).

13.36.050 Reckless driving.

ORS 483.992 is hereby adopted by reference in its entirety. (Ord. 3161 § 1, 1964; Ord. 2751 § 37, 1957).

13.36.060 Right-of-way.

A vehicle which has stopped or parked at the curb shall yield to moving traffic. (Ord. 2751 § 38, 1957).

13.36.070 Limitations on backing.

The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic, and shall in every case yield the right-of-way to moving traffic and pedestrians. (Ord. 2751 § 39, 1957).

13.36.080 Driving on divided streets.

Whenever any street has been divided into two roadways by leaving an intervening space or by a physical barrier or clearing indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier or section, except through an opening in such physical barrier or dividing section or space provided for vehicle movement or at an intersection. (Ord. 2751 § 40, 1957).

13.36.090 Boarding or alighting from vehicles.

No person shall board or alight from any vehicle while such vehicle is in motion. (Ord. 2751 § 40, 1957).

13.36.100 Riding on motorcycles.

A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is equipped to carry more than one person, in which event a passenger may ride upon the permanent and regular seat, if equipped for two persons, or upon another seat firmly attached at the rear of the operator. (Ord. 2751 § 42, 1957).

13.36.110 Unlawful riding.

No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision does not apply to an employee engaged in the necessary discharge of a duty, or to a person or persons riding within truck bodies in space intended for merchandise. (Ord. 2751 § 43, 1957).

13.36.120 Clinging to vehicles.

No person riding upon any bicycle, motorcycle, coaster, roller skates, sled, or any toy vehicle shall attach the same or himself/herself to any moving vehicle upon the streets. (Ord. 5026 § 1, 1993; Ord. 2751 § 44, 1957).

13.36.130 Use of roller skates restricted.

No person upon roller skates or riding in or by means of any coaster, skateboard, toy vehicle or similar device, shall go upon any street, sidewalk, or municipal parking lot in a business district. (Ord. 4783, 1987; Ord. 2751 § 45, 1957).

13.36.140 Skis on streets.

No person shall use the streets for travelling on skis, toboggans, sleds or similar devices except upon play streets. (Ord. 2751 § 46, 1957).

13.36.150 Damaging sidewalks and curbs.

(1) The driver of a vehicle shall not drive upon or within any sidewalk or parkway area except to cross at a permanent or temporary driveway.

(2) No person shall place any dirt, wood or other material in the gutter or space next to the curb of any street with the intention of using the same as a driveway.

(3) No person shall remove or damage in any way any portion of any curb or move any heavy vehicle or thing upon or over a curb or sidewalk without first notifying the Building Inspector, and such person shall be held responsible for any and all damage. (Ord. 2751 § 47, 1957).

13.36.160 Obstructing streets.

No person shall park or leave any vehicle or any part thereof, or any trailer, box, ware or merchandise of any description, or any other thing that in any way impedes traffic, or obstructs the view, upon any street, including an alley, parking strip, sidewalk or curb, except by such lawful use and parking of vehicles upon streets and alleys as is allowed by this title or other ordinances of this City. (Ord. 2751 § 48, 1957).

13.36.170 Removing glass and debris.

Any person causing glass to be broken upon, or any party to a collision or other vehicle accident upon any street in this City shall immediately remove or cause to be removed from such street all glass and other foreign substance. (Ord. 2751 § 49, 1957).

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 with the consent of the adjacent property owner. In addition, parking of any such vehicle is further limited by the provisions of AMC Section 13.21.030 and all other regulations pertaining to the parking of vehicles;

(5) With the consent of the property owner and all adjacent property owners, the City Manager may approve a special temporary use permit for recreational vehicle use of up to 90 days duration in order to alleviate a temporary housing hardship which cannot otherwise be satisfied within a recreational vehicle park. Such approval may be subject to any conditions which the City Manager deems appropriate to maintain public safety and community aesthetics. In addition, any such permit may be revoked by action of the City Council.

(a) It is unlawful for any person to discharge wastewater from a recreational vehicle to a storm sewer, sanitary sewer, street, or upon private property except at an approved holding facility or dump station.

(b) No utility connections shall be made across public right-of-way to a vehicle except by temporary permit issued by the Building Official. (Ord. 4816 § 1, 1988; Ord. 4171, 1978).

Chapter 13.40
BICYCLES

Sections:

13.40.140 Riding on sidewalks.

13.40.150 Parking.

13.40.140 Riding on sidewalks.

No person shall ride or operate any bicycle upon a sidewalk in a business district. Any person riding a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (Ord. 4656 § 1, 1984; Ord. 2751 § 63, 1957).

13.40.150 Parking.

No person shall park a bicycle upon a street or upon a sidewalk except in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic. (Ord. 4656 § 1, 1984; Ord. 2751 § 64, 1957).

Chapter 13.48

EMERGENCY VEHICLES

Sections:

13.48.010 Applicability of title.

13.48.010 Applicability of title.

The provisions of this title regulating the operation, parking and standing of vehicles apply to authorized emergency vehicles, except as provided by the motor vehicle laws of Oregon and as follows:

(1) A driver when operating such vehicle in an emergency, except when otherwise directed by a police officer or other authorized person, may park or stand notwithstanding the provisions of this title;

(2) A driver of a police vehicle or fire department or patrol vehicle when operating such vehicle in an emergency may disregard regulations governing turning in specified directions as long as he/she does not endanger life or property;

(3) The foregoing exemptions do not, however, protect the driver of any such vehicle from the consequences of his/her reckless disregard of the safety of others. (Ord. 5026 § 1, 1993; Ord. 2751 § 68, 1957).

Chapter 13.52
CITATIONS

Sections:

13.52.010 Illegal cancellation.

13.52.020 Issuance.

13.52.030 Issuance of warrant.

13.52.010 Illegal cancellation.

It is unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner, except where approved by the Municipal Judge. (Ord. 2751 § 70, 1957).

13.52.020 Issuance.

For the violation of any provisions of this title, any police officer may issue a citation which shall be in the nature to appear at a time and place certain. (Ord. 2751 § 71, 1957).

13.52.030 Issuance of warrant.

In the event any person fails to comply with the terms of a traffic citation, the Chief of Police shall forthwith secure and have served a warrant for the arrest of such person. (Ord. 2751 § 72, 1957).

Chapter 13.60
AIRPORT REGULATIONS

Sections:

13.60.010 Definitions.

13.60.020 General rules.

13.60.030 Ground rules.

13.60.040 Taxiing rules.

13.60.050 Landing and takeoff rules.

13.60.060 Fire regulations.

13.60.070 Intoxicating liquor.

13.60.090 Fees.

13.60.010 Definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Person” means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar representative thereof.

(2) “Airport Manager” means that person specifically designated as Airport Manager by the City Manager.

(3) “Airport” means all that property specifically set aside as a municipal airport for the City and located east of the right-of-way of Interstate Highway No. 5 and between U.S. Highway No. 20 and a county road designated as the Knox Butte Road.

(4) “Instructors” means those persons who are engaged in the instruction of persons in the skill of flying aircraft whether or not they receive remuneration.

(5) “Fixed base operator” means the proprietor of any commercial operation authorized by the City to offer aeronautical related activities or services to the general public.

(6) “FAA” means the Federal Aviation Administration. (Ord. 4651 § 1, 1984; Ord. 2921 § 1, 1960).

13.60.020 General rules.

(1) All aeronautical activities at the Albany Municipal Airport and all flying of aircraft departing from or arriving at the airport shall be conducted in conformity with the current pertinent provisions of the Federal Aviation Regulations.

(2) Subject to applicable orders, certificates, or permits of the FAA, no person shall use the Airport or any portion thereof, or any of its improvements or facilities, for revenue producing commercial business or aeronautical activities who has not first complied with local and FAA rules and regulations.

(3) The Airport Manager shall represent the City of Albany in regard to the Albany Municipal Airport. The Airport Manager:

(a) Shall have authority to take such action as may be necessary to safeguard the public in attendance at the airport. Every pilot, mechanic or other person employed on or using the airport shall cooperate to enforce these rules and to see that all persons upon the premises use care and caution to prevent injury to persons or damage to property;

(b) May suspend or restrict any or all operations without regard to weather conditions, whenever such action is deemed necessary in the interest of safety;

(c) May suspend, as a means of safeguarding this airport and the public, the privileges of the airport and its facilities to any person refusing to comply with these rules;

(d) Shall have authority to restrict operations to such portion or portions of the airport as may be necessary or desirable. Any part of the airport temporarily unsafe for aircraft operations which is not available for any cause shall be clearly marked in accordance with recommendations of the FAA;

(e) May issue permits for special events and/or demonstrations, provided FAA requirements are met, and no such events or demonstrations shall be conducted by anyone without such written permission;

(f) In any circumstances or emergencies not specifically covered by these rules, is authorized to make such decisions as seem proper.

(4) Instructors shall fully acquaint their students with the rules and regulations set forth in this chapter and shall be responsible for the conduct of students under their direction during dual instruction. When a student is flying solo, it shall be that student’s sole responsibility to observe and abide by these rules and regulations. (Ord. 4651 § 1, 1984; Ord. 2921 § 2, 1960).

13.60.030 Ground rules.

(1) Aircraft engines shall be started or warmed up only in places designated for such purposes by the Airport Manager. At no time shall engines be turned up when hangars, shops, or other buildings or persons in the observation area, are in the path of the propeller stream. When hand cranked, a competent operator shall be at the control and the wheels chocked.

(2) Aircraft shall not be parked, except in areas in a manner designated by the Airport Manager.

(3) All repairs to aircraft or engines, except emergency repairs, shall be made in the spaces designated for this purpose and not in the area reserved for landing and taking off.

(4) No person or persons, except airmen, duly authorized personnel, passengers going to or from aircraft, or other persons being personally conducted by airmen or airport attendants, should be permitted to enter the landing area proper. This does not give any person or persons so excepted the privilege of unrestricted use of the space within the landing area proper. These privileges are confined to the necessary use of this space in connection with flights, inspections or routine duties.

(5) Aircraft shall be properly blocked and tied down by the owner or fixed base operator when parked overnight or when conditions indicate that tie-down is desirable.

(6) No motor vehicle shall be driven into the landing area proper without the express permission of the Airport Manager or his/her designated representative, or otherwise in accordance with his/her instructions.

(7) No automobile shall be parked on the airport property, except in areas designated for that purpose by the Airport Manager. (Ord. 5026 § 1, 1993; Ord. 4651 § 1, 1984; Ord. 2921 § 3, 1960).

13.60.040 Taxiing rules.

(1) No person shall taxi an aircraft to or from the hangar line or to or from an approved taxi space until he/she has ascertained that there will be no danger of collision with any person or object in the immediate area by visual inspection of the area, and, when available, through information furnished by airport attendants.

(2) No aircraft shall be taxied, except at a safe and reasonable speed.

(3) No aircraft not equipped with adequate brakes shall be taxied near buildings or parked aircraft unless an attendant is at the wing of the aircraft to assist the pilot.

(4) Taxiing aircraft shall be stopped at a minimum distance of 50 feet from the active runway as marked by FAA standard broken yellow lines for engine runup and while awaiting takeoff clearance. Aircraft shall be turned to provide the pilot with a clear view of approaching aircraft, and it shall be his/her responsibility to remain clear of other traffic. No aircraft shall be moved onto a runway until ready for immediate takeoff.

(5) Aircraft taxiing shall conform to the taxi patterns which are prescribed by the Airport Manager. (Ord. 5026 § 1, 1993; Ord. 4651 § 1, 1984; Ord. 2921 § 4, 1960).

13.60.050 Landing and takeoff rules.

(1) Landings and takeoffs shall be made in strict accordance with FAA flight rules and regulations, which are by reference made a part of these rules and filed with the Airport Manager.

(2) No turns shall be made after takeoff until the airport boundary has been reached and the pilot attains an altitude of at least 400 feet and has ascertained there will be no danger of collision with other aircraft. (Ord. 4651 § 1, 1984; Ord. 2921 § 5, 1960).

13.60.060 Fire regulations.

(1) All persons using in any way the airport area or facilities of the airport shall exercise the utmost care to guard against fire and injury to persons or property.

(2) No person shall conduct any welding or open flame operations in or adjacent to any hangar or building, unless specifically authorized by the Airport Manager.

(3) No person shall store or stock material or equipment in such a manner as to constitute a fire hazard.

(4) No person shall operate any radio equipment in an aircraft when such aircraft is in a hangar.

(5) No person shall smoke within 50 feet of any aircraft.

(6) No aircraft shall be fueled while the engine is running or while the aircraft is in a hangar.

(7) All aircraft shall be positively grounded when being serviced with gasoline. (Ord. 2921 § 6, 1960).

13.60.070 Intoxicating liquor.

(1) It is unlawful for any person to drink intoxicating liquor upon any portion of the airport, provided, however, that nothing in this section contained shall be deemed to apply to the drinking of any intoxicating liquor in any establishment located upon the airport property wherein the same may be sold for premises consumption under the laws of the State.

(2) It is unlawful for any person who is an habitual user of narcotic drugs or who is under the influence of intoxicating liquor or narcotic drugs to operate an aircraft on the airport. (Ord. 2921 § 7, 1960).

13.60.090 Fees.

Fees shall be made for the use of airport facilities and shall be established by resolution of the City Council. A copy of the resolution establishing charges for use of the airport facilities shall be posted in the office of the fixed based operator at the airport. The Airport Manager shall be responsible for the collection of all charges and license fees. (Ord. 4651 § 1, 1984; Ord. 2921 § 9, 1960).

Chapter 13.64
VEHICLE LOAD LIMITS

Sections:

13.64.010 Bridge on Third Avenue.

13.64.010 Bridge on Third Avenue.

It is unlawful for any person to operate a vehicle having a gross weight, including load, in excess of 10 tons on or over that bridge on Third Avenue crossing the Calapooia River in the City of Albany. (Ord. 3468 § 1, 1970).

Chapter 13.70
ABANDONED VEHICLES

Sections:

13.70.010 Definitions.

13.70.020 Abandoned vehicles prohibited.

13.70.030 Impounding hazardous vehicles.

13.70.040 Towing and storage liens.

13.70.050 Pre-towing investigation and notice.

13.70.060 Contents of pre-towing notice.

13.70.070 Post-towing notice.

13.70.080 Hearing.

13.70.090 Decision of hearing.

13.70.100 Failure to appear.

13.70.110 Exemption from notice and hearing requirements.

13.70.010 Definitions.

As used in this chapter, unless the context requires otherwise:

(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 division, if such a license is required by law.

(2) “Chief of Police” means an authorized law enforcement officer of the City or another City employee authorized to enforce this chapter.

(3) “City” means the City of Albany, Oregon.

(4) “Division” means the Motor Vehicle Division of the State of Oregon or the corresponding state agency of the state in which the vehicle is registered or licensed.

(5) “Hazardous vehicle” means a vehicle left in a location or condition that constitutes an immediate and continuous hazard to the safety of persons using the streets or alleys of the City. For example, and not for limitation, the following are hazardous vehicles:

(a) Vehicles blocking public or private rights-of-way.

(b) Vehicles with leaking petroleum or other hazardous fluids.

(c) Vehicles blocking fire hydrants.

(d) Vehicles with broken glass/windows.

(6) “Owner” means any individual, firm, corporation, or unincorporated association with a claim, either individually or jointly, or ownership of any interest, legal or equitable, in a vehicle.

(7) “Private garage” means a private storage yard, garage, or other storage place selected by the Chief of Police.

(8) “Vehicle” means every device in, upon or by which a person or property is or may be transported or drawn upon a public highway, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. 4971 § 1, 1991; Ord. 3562 § 1, 1971).

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).

13.70.030 Impounding hazardous vehicles.

(1) Upon discovering a hazardous vehicle, the Chief of Police may immediately cause the vehicle to be towed and impounded.

(2) The owner of the vehicle shall be responsible for all costs of towing and storing the vehicle. (Ord. 4971 § 1, 1991; Ord. 3562 § 3, 1971).

13.70.040 Towing and storage liens.

(1) A person who, at the request of the Chief of Police, takes a vehicle into custody under the provisions of this chapter shall have a lien on the vehicle and its contents for reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien. The lien that attaches to the vehicle and its contents shall be a possessory chattel lien in accordance with ORS 87.152 and may be foreclosed in the manner provided in ORS 87.152 to 87.212. If the appraised value of the vehicle is $1,000 or less, the vehicle may be disposed of in the manner provided in ORS 819.220.

(2) If the vehicle is taken into custody under the provisions of this chapter and held by the City rather than by a private garage, the vehicle and its contents shall be disposed of in the manner provided in ORS 819.210 to 819.260. (Ord. 5249 § 1, 1996; Ord. 4971 § 1, 1991; Ord. 3562 § 4, 1971).

13.70.050 Pre-towing investigation and notice.

(1) The Chief of Police investigating a vehicle in violation of AMC 13.70.020 shall:

(a) Make a routine investigation to discover the owner and request removal of the vehicle.

(b) Failing to discover the owner by such a process, make a diligent inquiry as to the name and address of the owner by examining the vehicle for a license number, identification number, make, style, or any other information that will aid in the identification of the owner. When such vehicle is required by law to be registered with the Division, the Chief of Police shall inquire by license and/or VIN number with the Division for the name and address of the owner.

(c) Whether or not the owner is identified, affix a pre-tow notice upon the vehicle where it can be easily seen.

(2) This section does not apply to a hazardous vehicle. (Ord. 5249 § 1, 1996; Ord. 4971 § 1, 1991; Ord. 3562 § 5, 1971).

13.70.060 Contents of pre-towing notice.

Notices placed under AMC 13.70.050 shall contain the following information:

(1) The name of the officer or other City employee issuing the notice.

(2) That if the vehicle is not removed within the time specified, the vehicle will be towed and taken into custody for violation of this chapter.

(3) The vehicle will be subject to towing and storage charges and that a lien will attach to the vehicle and its contents.

(4) The vehicle and its contents will be sold to satisfy the towing and storage charges if they are not paid.

(5) The owner is entitled to a hearing, before the vehicle is towed, to contest the proposed custody and removal if a hearing is timely requested.

(6) The owner may challenge the reasonableness of any towing and storage charges at the hearing.

(7) Contact the Albany Chief of Police in writing not more than five days (excluding Saturday, Sunday, and holidays) from the date of the notice. The request must state grounds as to why the custody and removal is not justified.

(8) If the vehicle is towed, its location may be obtained by contacting the Albany Police Department. (Ord. 5249 § 1, 1996; Ord. 4971 § 1, 1991; Ord. 3562 § 6, 1971).

13.70.070 Post-towing notice.

(1) After an abandoned or hazardous vehicle has been towed pursuant to this chapter, notice shall be mailed within 48 hours of removal (excluding Saturday, Sunday, and holidays) to the owner. The notice shall contain the following information:

(a) The Albany Police Department has removed the vehicle. The applicable statute or ordinance by which the vehicle was towed is cited.

(b) The location of the vehicle.

(c) That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of notice and daily storage charges.

(d) That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by the date specified.

(e) That the owner is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and to contest the reasonableness of the towing charges if a hearing is timely requested.

(f) If a hearing is desired, the owner must request a hearing within five days (excluding Saturday, Sunday, and holidays) from the mailing date of the notice. The request must be made in writing to the Chief of Police. The request must state the grounds as to why the custody and removal is not justified.

(g) That the vehicle and its contents may be reclaimed by presenting proof of ownership, payment of towing and storage charges, or the deposit of cash security, or a bond equal to the charges, with the appropriate authority.

(2) If the vehicle is registered in Division records, notice may be addressed to the owner at the latest respective address shown by Division records. If the vehicle is not registered, reasonable efforts shall be made to ascertain the name and address of the owner so that notice may be mailed, if reasonably possible, within the time period outlined in this section.

(3) Notice is considered given when a certified letter addressed to the owner of the vehicle, return receipt requested, and postage prepaid is mailed within 48 hours (excluding Saturday, Sunday, and holidays) after the vehicle is taken into custody. (Ord. 5249 § 1, 1996; Ord. 4971 § 1, 1991; Ord. 3562 § 7, 1971).

13.70.080 Hearing.

(1) Upon request of the owner, a hearing shall be held before the Municipal Judge. If the vehicle has not been taken into custody before the hearing request, it will not be removed unless it is a hazard.

(2) A hearing shall be set within 72 hours (excluding Saturday, Sunday, and holidays) of receipt of the request and the owner shall be notified.

(3) Towing and storage charges set by law, ordinance, or rule or that comply with law, ordinance, or rule are reasonable for purposes of this hearing.

(4) Hearings may be informal in nature, but the presentation of evidence shall be consistent with the presentation of evidence required for contested cases under ORS 183.450. (Ord. 4971 § 1, 1991; Ord. 3562 § 8, 1971).

13.70.090 Decision of hearing.

If the Municipal Judge finds that:

(1) The action of the Chief of Police is valid:

(a) The vehicle will be held in custody until the costs of the hearing, towing, and storage are paid by the owner.

(b) If the vehicle has not yet been towed, its removal shall be ordered.

(2) The action of the Chief of Police is invalid:

(a) Order the immediate release of the vehicle to the owner.

(b) Find that the owner is not liable for towing or storage charges incurred prior to the hearing.

(c) Order the City to satisfy towing and storage charges incurred prior to the hearing.

(3) The Municipal Judge shall provide a written statement of the results of the hearing to the person requesting the hearing.

(4) The action of the Municipal Judge is final. (Ord. 4971 § 1, 1991; Ord. 3562 § 9, 1971).

13.70.100 Failure to appear.

If the person requesting the hearing does not appear at the scheduled hearing, the Judge shall enter an order supporting the removal and assessment of towing and storage costs. (Ord. 4971 § 1, 1991; Ord. 4017 § 1, 1977; Ord. 3562 § 10, 1971).

13.70.110 Exemption from notice and hearing requirements.

A vehicle that is being held as part of any criminal investigation is not subject to any part of this chapter. (Ord. 4971 § 1, 1991).

Chapter 13.80
NUISANCE VEHICLES¹

Sections:

13.80.010 Impounding certain vehicles as nuisances.

13.80.020 Notification to owner.

13.80.030 Hearing.

13.80.040 Release of impounded vehicle.

13.80.050 Towing and storage liens.

13.80.060 Criminal investigations.

13.80.010 Impounding certain vehicles as nuisances.

A vehicle may be impounded, without prior notice, and towed and stored at the owner’s expense, when a traffic citation is issued or an arrest is made under Oregon’s Vehicle Code because probable cause exists that:

(1) The driver’s license of the operator of the motor vehicle is suspended or revoked; or

(2) The vehicle or its operator are without liability insurance as required by the financial responsibility laws of the State of Oregon; or

(3) The operator of the motor vehicle was under the influence of intoxicants at the time of the operation. (Ord. 5254 § 1, 1996).

13.80.020 Notification to owner.

At the time the vehicle is impounded, a copy of the impound notice will be given to the driver. Additional notice will be made as provided in AMC 13.70.070 (Post-towing notice). (Ord. 5254 § 1, 1996).

13.80.030 Hearing.

Any hearing contesting the validity of the impoundment, and the reasonableness of any towing or storage charges, will be conducted as provided in Chapter 13.70 AMC (Abandoned Vehicles). (Ord. 5254 § 1, 1996).

13.80.040 Release of impounded vehicle.

The owner of the impounded vehicle, or the owner’s authorized agent, may redeem the vehicle upon payment of the towing and storage expenses incurred, including payment of an administrative fee of $50.00 to the City of Albany, whether or not the motor vehicle is returned to the person who was operating it at the time of impoundment. The owner must also provide proof of ownership or right to possession, proof of current insurance on the vehicle, and a valid driver’s license for either the owner or driver designated by the owner to operate the vehicle upon its release.

If the vehicle is stored by a commercial towing company or similar business, the vehicle may be released only upon the presentation of a signed release form from the Albany Police Department. The Police Department release will not be provided until full payment of the administrative fee. (Ord. 5254 § 1, 1996).

13.80.050 Towing and storage liens.

A person or business who, at the request of the Albany Police Department, takes a vehicle into custody under the provisions of this chapter shall have a lien on the vehicle and its contents for reasonable towing and storage charges, may retain possession of the vehicle until the charges are paid, and may have the vehicle sold at public auction to satisfy the lien. The lien that attaches to the vehicle and its contents shall be a possessory chattel lien in accordance with ORS 87.152 and may be foreclosed in the manner provided in ORS 87.152 to 87.212. If the appraised value of the vehicle is $1,000 or less, the vehicle may be disposed of in the manner provided in ORS 819.220.

If the vehicle is taken into custody under the provisions of this chapter and held by the City rather than by a private garage, the vehicle and its contents shall be disposed of in the manner provided in ORS 819.210 to 819.260. (Ord. 5254 § 1, 1996).

13.80.060 Criminal investigations.

The provisions of this chapter shall not apply to a vehicle that is being held as part of a criminal investigation. (Ord. 5254 § 1, 1996).

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Footnotes

1. Section 2 of Ord. 5254 provides as follows: “Automatic Expiration. This ordinance shall automatically expire twelve months following its initial effective date [September 4, 1996] unless, prior to such expiration, it is reenacted or otherwise amended to delete this automatic expiration provision.”