Title 7
PUBLIC PEACE, MORALS AND SAFETY

Chapters:

7.04 DEFINITIONS

7.04.010 City.

7.04.020 Council.

7.04.030 Minor.

7.04.040 Person.

7.04.050 Public place.

7.04.060 Word construction.

7.08 DISORDERLY CONDUCT

7.08.010 Disorderly conduct.

7.08.020 Harassment.

7.08.030 Loitering.

7.08.040 Drinking in public places.

7.08.050 Unnecessary noise.

7.08.052 Sound amplifying paging systems.

7.08.060 Tampering with animals used for law enforcement purposes.

7.08.070 Assault.

7.08.080 Menacing.

7.08.090 Recklessly endangering another person.

7.12 IMMORAL PRACTICES

7.12.030 Social gambling.

7.12.040 Definitions.

7.12.050 Requirements.

7.12.060 Juveniles not to loiter in certain places.

7.12.061 Certain locations to be posted – Form and contents – Responsibility.

7.12.062 Employment of juveniles for certain purposes prohibited.

7.12.090 Repealed.

7.12.100 Repealed.

7.16 WEAPONS

7.16.010 Concealed weapons.

7.16.030 Discharge of weapons.

7.20 VAGRANCY

7.20.010 Possession of burglar’s tools.

7.24 TRAINS

7.24.010 Train signals.

7.24.020 Flying switches.

7.24.040 Boarding.

7.24.050 Handling.

7.24.060 Blocking traffic.

7.28 PARK REGULATIONS

7.28.010 Definitions.

7.28.020 Prohibited acts.

7.28.040 Traffic.

7.28.050 Swimming regulations.

7.28.060 Boating.

7.28.065 Public docks – Prohibitions.

7.28.070 Hunting and firearms.

7.28.080 Picnic areas and use.

7.28.090 Horseback riding.

7.28.100 Intoxicating beverages – General.

7.28.102 Intoxicating beverages – Prohibition – Bryant Park, Bowman Park, Eleanor Park, Monteith Riverpark, Albany Skatepark, and Burkhart Park.

7.28.104 Intoxicating beverages – Special permit – Issuance authority.

7.28.106 Intoxicating beverages – Special permit – Fees.

7.28.108 Intoxicating beverages – Special permit – Conditions.

7.28.120 Domestic animals – Responsibility.

7.28.160 Fires.

7.28.170 Closed areas.

7.28.190 Going onto ice.

7.28.210 Exhibit permits.

7.28.230 Merchandising, advertising and signs.

7.28.240 Park operating policy.

7.28.245 Overnight camping.

7.28.250 Reservation of park facilities – Obtaining a permit.

7.28.260 Standards for issuance.

7.28.270 Appeal – Apprising.

7.28.280 Effect of permit – Bounds of permittee.

7.28.290 Liability of permittee.

7.28.300 Revocation of permit.

7.28.310 Enforcement of chapter.

7.32 PETTY LARCENY – SHOPLIFTING

7.32.010 Definitions.

7.32.020 Theft – Definition.

7.32.030 Theft.

7.32.040 Theft by receiving.

7.36 LODGING ACCOMMODATIONS

7.36.010 Theft of services.

7.40 DESTRUCTION OF PROPERTY

7.40.010 Destruction of official notices and signs.

7.40.020 Criminal mischief.

7.40.030 Taking, retention or mutilation of public records.

7.40.040 Criminal trespass.

7.44 MINORS

7.44.100 Age requirement.

7.44.110 Responsibility of guardian or parent.

7.44.120 Custody of minor until guardian or parent arrives.

7.44.130 Refusal of guardian or parent to take custody.

7.48 ILLEGAL USE OF TELEPHONE

7.48.010 Definition.

7.48.020 Allowing use of telephone.

7.48.030 Location.

7.52 LITTERING

7.52.010 Short title.

7.52.020 Definitions.

7.52.030 Offensive littering.

7.52.040 Placement of litter in receptacles.

7.52.050 Sweeping litter into gutters prohibited.

7.52.060 Merchants’ duty.

7.52.070 Litter thrown from vehicles.

7.52.080 Truck loads causing litter.

7.52.090 Litter in parks.

7.52.100 Lakes and fountains.

7.52.110 Commercial handbills in public places.

7.52.120 Placing on vehicles.

7.52.130 Depositing on uninhabited or vacant premises.

7.52.140 Prohibiting distribution where posted.

7.52.150 Distributing at inhabited private premises.

7.52.160 Dropping litter from aircraft.

7.52.170 Posting notices prohibited.

7.52.171 Owner of property referred to in sign responsible.

7.52.180 Litter on occupied private property.

7.52.190 Owner to maintain premises free of litter.

7.52.200 Litter on vacant lots.

7.52.210 Keeping of litter deemed nuisance.

7.52.220 Notice of property owner – Cost of removal.

7.60 GLUE SNIFFING

7.60.010 Use.

7.60.020 Induction.

7.60.030 Definition and sale regulation.

7.68 OBSTRUCTION OF PASSAGEWAYS

7.68.010 Obstructing passageways.

7.72 INTERFERENCE WITH POLICE OR FIRE DEPARTMENT

7.72.010 Interference with police.

7.72.020 Interference with Fire Department.

7.72.030 Resisting arrest.

7.72.040 Assaulting a public safety officer.

7.74 BURGLARY AND ROBBERY ALARMS

7.74.010 Policy.

7.74.020 Purpose.

7.74.030 Definitions.

7.74.040 Alarm system permits required.

7.74.050 Application for permit.

7.74.060 Permit fees.

7.74.070 Sound emission cut-off feature.

7.74.080 False alarms.

7.74.090 Suspension of permits.

7.74.100 Right to appeal.

7.74.110 Confidentiality.

7.74.120 Enforcement and penalties.

7.84 PUBLIC NUISANCES

7.84.010 Definitions.

7.84.020 Imminent nuisance.

7.84.030 Debris, garbage, and junk deemed nuisance.

7.84.040 Prohibited.

7.84.050 Exception.

7.84.060 Abatement.

7.84.070 Imminent nuisance abatement.

7.84.080 Regular abatement.

7.84.090 Costs to become a lien.

7.84.100 Attractive nuisances.

7.84.110 Injurious substances on street.

7.84.120 Animal carcasses.

7.84.130 Deposit of offensive substances.

7.84.140 Drainage of surface waters.

7.84.150 Creating a hazard.

7.84.160 Noxious vegetation, weeds, and grass which constitute a fire hazard or vision clearance hazard are declared a nuisance.

7.84.170 Notice to property owner.

7.84.180 Abatement.

7.84.190 Ongoing sale of household items (garage sales) deemed a nuisance.

7.86 HAZARDOUS MATERIALS

7.86.010 Definitions.

7.86.020 Contamination of premises with hazardous material declared a nuisance.

7.86.030 Nuisance unlawful.

7.86.040 City may abate nuisance.

7.86.050 Right to enter.

7.86.060 Interference with clean-up personnel prohibited.

7.86.070 Declaration of public hazard.

7.86.080 Costs of clean-up to become a lien.

7.90 BUYING AND SELLING USED JEWELRY, GEM STONES, AND SILVERWARE

7.90.010 Definitions.

7.90.020 General record keeping requirement.

7.90.030 Items purchased to be held for 10 days.

7.94 RAILROAD CROSSINGS

7.94.010 Definitions.

7.94.020 Designation of type of railroad crossing to be maintained.

7.94.030 Notice.

7.94.040 Commencement of construction of railroad crossing and maintenance thereof.

7.94.050 Penalties for violation.

7.96 SPECIFIED CRIME PROPERTY

7.96.010 Definitions.

7.96.020 Specified crime property prohibited.

7.96.030 Commencement of proceedings.

7.96.040 Commencement of actions – Burdens of proof, defenses – Mitigation of civil penalty.

7.96.050 Closure during pendency of action.

7.96.060 Enforcement of closure order – Costs – Civil penalty.

7.96.070 Relief from closure order.

7.96.080 Attorneys fees.

7.96.090 Severability.

7.96.100 Violation.

7.98 TREE REGULATIONS

7.98.010 Purpose.

7.98.020 Definitions.

7.98.030 Prohibited activities.

7.98.040 Permits required.

7.98.050 Street trees – Classification and spacing.

7.98.060 Distance between curb and sidewalk.

7.98.070 Distance from street corners and fire hydrants.

7.98.080 Planting in roadways having no gutter or curb.

7.98.090 Tree topping.

7.98.100 Exemptions.

7.98.110 Private utility tree policy.

7.98.120 Heritage trees.

7.98.130 Pruning, corner clearance.

7.98.140 Dead or dangerous tree removal on private property.

7.98.150 City’s power and authority is permissive, not mandatory.

7.98.160 Arborist certification.

7.98.170 Permit approval.

7.98.180 Tree removal permit criteria.

7.98.200 Conditional permit approval.

7.98.205 Permit fees.

7.98.210 Appeals.

7.98.220 Penalties.

Chapter 7.04
DEFINITIONS

Sections:

7.04.010 City.

7.04.020 Council.

7.04.030 Minor.

7.04.040 Person.

7.04.050 Public place.

7.04.060 Word construction.

7.04.010 City.

As used in this title, except where the context indicates otherwise, “City” means the City of Albany. (Ord. 2823 § 1(a), 1958).

7.04.020 Council.

As used in this title, except where the context indicates otherwise, “Council” means the City Council of the City of Albany. (Ord. 2823 § 1(b), 1958).

7.04.030 Minor.

As used in this title, except where the context indicates otherwise, “minor” means any person under the age of 21 years. (Ord. 2823 § 1(c), 1958).

7.04.040 Person.

As used in this title, except where the context indicates otherwise, “person” means every natural person, firm, partnership, association or corporation. (Ord. 2823 § 1(d), 1958).

7.04.050 Public place.

As used in this title, except where the context indicates otherwise, “public place” means any building, place or accommodation open and available to the general public, including all municipal buildings. (Ord. 2823 § 1(e), 1958).

7.04.060 Word construction.

As used in this title, the singular includes the plural and the masculine includes the feminine. (Ord. 2823 § 1, 1958).

Chapter 7.08
DISORDERLY CONDUCT

Sections:

7.08.010 Disorderly conduct.

7.08.020 Harassment.

7.08.030 Loitering.

7.08.040 Drinking in public places.

7.08.050 Unnecessary noise.

7.08.052 Sound amplifying paging systems.

7.08.060 Tampering with animals used for law enforcement purposes.

7.08.070 Assault.

7.08.080 Menacing.

7.08.090 Recklessly endangering another person.

7.08.010 Disorderly conduct.

(1) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he/she:

(a) Engages in fighting or in violent, tumultuous or threatening behavior; or

(b) Makes unreasonable noise; or

(c) Uses abusive or obscene language, or makes an obscene gesture, in a public place; or

(d) Disturbs any lawful assembly of persons without lawful authority; or

(e) Obstructs vehicular or pedestrian traffic on a public way; or

(f) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or

(g) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or

(h) Creates a hazardous or physically offensive condition by any act which he/she is not licensed or privileged to do.

(2) Public Intoxication. A person commits the crime of public intoxication if he/she creates, while in a state of intoxication, any disturbance of the public in any public or private business or place. (Ord. 5026 § 1, 1993; Ord. 3603 § 1, 1972; Ord. 2823 § 3, 1958).

7.08.020 Harassment.

(1) A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor:

(a) Subjects another to offensive physical contact;

(b) Publicly insults another by abusive or obscene words or gestures in a manner likely to provoke a violent or disorderly response;

(c) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm;

(d) Subjects another to alarm by conveying a telephonic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm;

(e) Subjects another to alarm or annoyance by telephonic use of obscenities or description of sexual excitement or sadomasochistic abuse or sexual conduct as defined in ORS 167.060 including intercourse, masturbation, cunnilingus, fellatio, or anilingus, which use or description is patently offensive and otherwise obscene as defined in ORS 167.087(2)(b) and (c); or

(f) Causes the telephone of another to ring with no communicative purpose.

(2) A person is criminally liable for harassment if the person knowingly permits any telephone under the person’s control to be used in violation of subsection (1) of this section. (Ord. 4629 § 1, 1984; Ord. 4492 § 1, 1982; Ord. 3603 § 2, 1972; Ord. 2823 § 4, 1958).

7.08.030 Loitering.

A person commits the crime of loitering if he/she:

(1) Loiters in or near a school building or grounds, not having any reason or relationship involving custody of or responsibility for a student, or upon inquiry by a peace officer or school official, not having a specific, legitimate reason for being there; or

(2) Loiters or prowls in a public place without apparent reason and under circumstances which warrant justifiable alarm for the safety of persons or property in the vicinity and upon inquiry by a peace officer, refuses to identify himself/herself and give a reasonably credible account of his/her presence and purposes. (Ord. 5026 § 1, 1993; Ord. 3603 § 3, 1972; Ord. 2823 § 5, 1958).

7.08.040 Drinking in public places.

It is unlawful for any person to drink any intoxicating liquor upon any street or in any public place; provided, however, that nothing in this section contained shall be deemed to apply to the drinking of any intoxicating liquor in any establishment wherein the same may be sold for premises consumption under the laws of the State. (Ord. 2823 § 7, 1958).

7.08.050 Unnecessary noise.

It is unlawful for any person to create, assist in creating, permit, continue, or permit the continuance of any loud, disturbing, or unnecessary noise in the City. The following acts are declared to be violations of this section, but such enumerations are not deemed to be exclusive:

(1) The keeping of any animal which by frequent or loud continued noise disturbs the comfort and repose of any person in the vicinity;

(2) The use of any automobile, motorcycle, streetcar, or other vehicle, any engine, stationary or moving instrument, device, or thing so out of repair, so loaded, or operated in such manner as to create loud or unnecessary grating, grinding, rattling, or other noises;

(3) The sounding of any horn or signal device on any automobile, motorcycle, streetcar, or other vehicle on any street or public place of the City, except as a necessary warning or danger to property or person;

(4) The use of any mechanical device operated by compressed air, steam, or otherwise, unless the noise created thereby is effectively muffled;

(5) The erection, including excavation, demolition, alteration, or repair of any building, other than between the hours of 7:00 a.m. and 6:00 p.m., except upon special permit granted by the Common Council;

(6) The use of any gong or siren upon any vehicle other than police, fire, or other emergency vehicle;

(7) The operation of any gasoline engine without having the same equipped with and using thereupon a muffler;

(8) The use of “muffler cutout” on any motor vehicle upon any street;

(9) The use or operation of any automatic or electric piano, phonograph, radio, loudspeaker, or any sound amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided, however, that upon application to the City Manager permits may be granted to responsible persons or organizations to broadcast programs of music, news, speeches, or general entertainment;

(10) The conducting, operating, or maintaining of any garage within 100 feet of any building used as a private residence, apartment house, rooming house, or hotel in such a manner as to cause loud or offensive noises to be emitted therefrom between the hours of 10:00 p.m. and 7:00 a.m. The foregoing acts are declared nuisances and any person violating any of the provisions of this section shall be deemed guilty of an offense. (Ord. 4937 § 1, 1990; Ord. 3873 § 1, 1975; Ord. 2823 § 43, 1958).

7.08.052 Sound amplifying paging systems.

(1) For purposes of this chapter, a “sound amplifying paging system” is defined as any device which amplifies any sound from which a person may obtain the information that he or she is receiving a telephone call or from which he or she may receive directions from another person. “Sound amplifying paging system” does not include any sound amplification device used by any law enforcement agency, fire department, or other unit of government that uses such device in connection with law enforcement or public safety function.

For purposes of this chapter, “plainly audible” is defined as any sound which can be heard outside of any building by the human ear 20 feet or more from the source of such sound.

(2) It shall be unlawful to operate or permit the use or operation of any sound amplifying paging system which produces a plainly audible sound except as provided herein.

(3) Operation of sound amplifying paging systems shall be permitted from the hours of 8:00 a.m. to 9:00 p.m. so long as the volume of sound shall not exceed 65 decibels at any property line which is under the control of the operator of the system and is contiguous to the property upon which the sound amplifying paging system is located.

(4) It shall be unlawful to operate any sound amplifying paging system which is plainly audible between the hours of 9:00 p.m. and 8:00 a.m.

(5) This section applies only to amplified sound or speech. It does not apply to the unamplified human voice. (Ord. 4998 § 1, 1992).

7.08.060 Tampering with animals used for law enforcement purposes.

It is unlawful for any person to torture, torment, beat, kick, strike, choke, cut, stab, stone, shoot, mutilate, injure, disable, kill, or tamper with any animal while it is being caged, kennelled, transported, exhibited, exercised, or used in discharging or attempting to discharge any lawful duty or function or power of office by any police officer or his/her representative for any police agency. (Ord. 5026 § 1, 1993; Ord. 4633 § 1, 1984).

7.08.070 Assault.

A person commits the crime of assault if the person:

(1) Intentionally, knowingly, or recklessly causes physical injury to another; or

(2) With criminal negligence causes physical injury to another by means of a deadly weapon. (Ord. 5141 § 2, 1994).

7.08.080 Menacing.

A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury. (Ord. 5141 § 3, 1994).

7.08.090 Recklessly endangering another person.

A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of physical injury to another person. (Ord. 5141 § 4, 1994).

Chapter 7.12
IMMORAL PRACTICES

Sections:

7.12.030 Social gambling.

7.12.040 Definitions.

7.12.050 Requirements.

7.12.060 Juveniles not to loiter in certain places.

7.12.061 Certain locations to be posted – Form and contents – Responsibility.

7.12.062 Employment of juveniles for certain purposes prohibited.

7.12.090 Repealed.

7.12.100 Repealed.

7.12.030 Social gambling.

Social games as defined in ORS 167.117 are totally prohibited in the City except that persons in homes, charitable, fraternal and religious organizations may engage in social games where no income is realized from the games. (Ord. 4669 § 1, 1985; Ord. 3801 § 1, 1974).

7.12.040 Definitions.

For the purpose of this section, “charitable, fraternal or religious organization” means any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or religious purposes. The fact that contributions to an organization profiting from social gambling do not qualify for charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a bona fide charitable, fraternal or religious organization. (Ord. 4669 § 2, 1985).

7.12.050 Requirements.

Prior to engaging in social games in the City of Albany, the organization must show it has existed and operated with its principal place of business within the City of Albany for one year prior to the conducting of those games and has complied with ORS 465.100. (Ord. 4669 § 3, 1985).

7.12.060 Juveniles not to loiter in certain places.

It is unlawful for any juvenile who is not then and there accompanied by his/her parent or lawful guardian to enter or loiter in or upon any premises or portion thereof where there is sold, offered for sale or displayed any obscene material, where there is exhibited any obscene performance, or where there are signs posted as required by the provisions of Section 7.12.061 of this chapter. (Ord. 3584 § 2, 1971; Ord. 2823 § 24(4), 1958).

7.12.061 Certain locations to be posted – Form and contents – Responsibility.

(1) On every business premises, or every physically and visually distinct and separate portion thereof, where there is sold, offered by sale or in any manner displayed any obscene material, or where there is exhibited any obscene performance, there shall be conspicuously posted at every entrance thereto, and at no less than two conspicuous locations therein, signs conforming to the requirements of this section.

(2) The sign required by subsection (1) of this section shall be of a design and character so as to be clearly and unmistakably legible and conspicuous to a person of normal, unaided vision from a distance of at least 15 feet; shall be at least 9 inches by 10 inches in size; and shall contain in words or substance the following language reproduced in Roman letters and Arabic numerals on a white background: “NO ONE UNDER 18 YEARS PERMITTED ON THESE PREMISES UNLESS ACCOMPANIED BY A PARENT OR GUARDIAN,” and beneath that, in smaller letters and numerals, “Section 7.12.060, Albany Revised Code.”

(3) It shall be the responsibility of the owner, manager or other person in charge of any premises mentioned in subsection (1) of this section to post signs of the required number and form in the prescribed locations; to ascertain that such signs are posted in such a manner as not to be easily removed or dislodged; and to make reasonable inspections of such signs during such times as they are required to be displayed so as to ascertain that they remain on display in the condition required by this section. Failure to carry out such responsibilities shall be unlawful.

(4) The fact that signs were posted pursuant to the provisions of this section shall not, of itself, constitute a defense to a prosecution brought under any other section of this chapter.

(5) Signs of the number, size and design required by this section, but imposing stricter requirements than those provided in subsection (2) of this section shall be deemed to comply with the provisions of that subsection. (Ord. 4570 § 1, 1983; Ord. 3584 § 2, 1971).

7.12.062 Employment of juveniles for certain purposes prohibited.

It is unlawful for any person to knowingly or recklessly hire, employ or otherwise engage for payment in money or any valuable consideration any juvenile for the purpose of furnishing obscene material to any person, for the purpose of selling admission to or acting as an usher or attendant at any obscene performance, for the purpose of delivering obscene materials, or for any other purpose when the duties of such juvenile will require or permit him/her to enter upon any premises where obscene materials are sold or displayed or any obscene performance is exhibited; provided, however, this section shall have no application where the parent or lawful guardian of a juvenile consents to such employment and the employment is not otherwise prohibited by state law. (Ord. 5026 § 1, 1993; Ord. 3584 § 2, 1971).

7.12.090 Solicitation of drinks. Repealed by Ord. 5047. (Ord. 2823 § 24(7), 1958).

7.12.100 Peeping Tom. Repealed by Ord. 5047. (Ord. 2823 § 24(8), 1958).

Chapter 7.16
WEAPONS

Sections:

7.16.010 Concealed weapons.

7.16.030 Discharge of weapons.

7.16.010 Concealed weapons.

No person other than an authorized officer or person licensed pursuant to ORS 166.290 shall carry concealed on or about his/her person in any manner any revolver, pistol, or other firearm, or any knife, other than an ordinary pocketknife, or any dirk, dagger, stiletto, metal knuckles or any other weapon by the use of which injury could be inflicted upon person or property. (Ord. 5026 § 1, 1993; Ord. 2823 § 11, 1958).

7.16.030 Discharge of weapons.

(1) No person other than an authorized peace officer shall fire or discharge within the City any weapon which acts by force of gunpowder or other explosive, or by the use of jet or rocket propulsion or spring gun.

(2) No person other than an authorized peace officer shall discharge any air gun or crossbow or bow and arrow except with the permission of the affected property owner or other person lawfully in control of the property. No projectile so discharged may leave the property upon which permission to discharge was granted.

(3) The provisions of this section shall not be construed to prohibit the firing or discharging of any weapon:

(a) By any person in the defense or protection of his/her property or family;

(b) At any shooting or target range maintained or provided by the City of Albany or any public or private school or at any other location designated by the Chief of Police upon determination that the location is of suitable size, design and configuration to safely allow such use; and

(c) By a properly licensed waterfowl hunter, hunting on privately owned property of not less than 20 acres with the permission of the property owner, in full compliance with State and Federal hunting laws, regulations, and requirements, between January 13, 2000, through January 16, 2000, and between January 26, 2000, through February 27, 2000.* (Ord. 5430 § 1, 2000; Ord. 5026 § 1, 1993; Ord. 5011 § 1, 1992; Ord. 4694 § 1, 1985; Ord. 2823 § 13, 1958).

*Code reviser’s note: Section 2 of Ord. 5430 reads as follows:

Section 2: Automatic Expiration: AMC 7.16.030(3)(c) which is created by this Ordinance shall automatically be revoked on February 28, 2000.

Chapter 7.20
VAGRANCY

Sections:

7.20.010 Possession of burglar’s tools.

7.20.010 Possession of burglar’s tools.

(1) A person commits the crime of possession of burglar’s tools if he/she possesses any burglar’s tool with the intent to use the tools or knowing that some person intends to use the tools to commit or facilitate a forcible entry into premises or theft by physical taking.

(2) “Burglar tool” means acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating a forcible entry into premises or theft by a physical taking. (Ord. 5026 § 1, 1993; Ord. 3603 § 6, 1972; Ord. 2992 § 1, 1961; Ord. 2823 § 29, 1958).

Chapter 7.24
TRAINS

Sections:

7.24.010 Train signals.

7.24.020 Flying switches.

7.24.040 Boarding.

7.24.050 Handling.

7.24.060 Blocking traffic.

7.24.010 Train signals.

It is unlawful for any person or persons running, conducting or managing the locomotive train, electric cars, or electric trains within the corporate limits of the City, to cross any street intersection in the City between the hours of 6:00 a.m. and 11:00 p.m. without first sounding a bell, gong, or other signal while approaching any street intersection. (Ord. 2823 § 9, 1958).

7.24.020 Flying switches.

It is unlawful for any firm or corporation having charge of the moving of any railroad cars within the corporate limits of the City to make any flying switches or to move any such cars by the process commonly known as kicking without first having stationed a competent person at each street intersection where such cars may cross to warn traffic on such street of the approaching of such cars. (Ord. 2823 § 10, 1958).

7.24.040 Boarding.

It is unlawful for any person other than a railroad employee to climb upon or enter or to board any portion of any railroad car or railroad train at any place within the corporate limits of this City, except at a regular depot platform or where the train or trains may regularly stop for passengers. (Ord. 1549 § 2, 1942; Ord. 1495 § 2, 1940).

7.24.050 Handling.

It is unlawful for any person or persons other than a railroad employee to run or move or handle or in any way interfere with any locomotive or train left standing by any railroad company on its track in the City or any part thereof. (Ord. 1549 § 3, 1942; Ord. 1495 § 3, 1940).

7.24.060 Blocking traffic.

It is unlawful for any person or persons managing, conducting, operating, and running any railroad train or any car to stop the same and allow the same to remain standing to exceed 20 minutes at any point where a public and traveled street crosses any railroad track within the City. (Ord. 1549 § 4, 1942; Ord. 1495 § 4, 1940).

Chapter 7.28
PARK REGULATIONS

Sections:

7.28.010 Definitions.

7.28.020 Prohibited acts.

7.28.040 Traffic.

7.28.050 Swimming regulations.

7.28.060 Boating.

7.28.065 Public docks – Prohibitions.

7.28.070 Hunting and firearms.

7.28.080 Picnic areas and use.

7.28.090 Horseback riding.

7.28.100 Intoxicating beverages – General.

7.28.102 Intoxicating beverages – Prohibition – Bryant Park, Bowman Park, Eleanor Park, Monteith Riverpark, Albany Skatepark, and Burkhart Park.

7.28.104 Intoxicating beverages – Special permit – Issuance authority.

7.28.106 Intoxicating beverages – Special permit – Fees.

7.28.108 Intoxicating beverages – Special permit – Conditions.

7.28.120 Domestic animals – Responsibility.

7.28.160 Fires.

7.28.170 Closed areas.

7.28.190 Going onto ice.

7.28.210 Exhibit permits.

7.28.230 Merchandising, advertising and signs.

7.28.240 Park operating policy.

7.28.245 Overnight camping.

7.28.250 Reservation of park facilities – Obtaining a permit.

7.28.260 Standards for issuance.

7.28.270 Appeal – Apprising.

7.28.280 Effect of permit – Bounds of permittee.

7.28.290 Liability of permittee.

7.28.300 Revocation of permit.

7.28.310 Enforcement of chapter.

7.28.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(1) “City” means the City of Albany.

(2) “Director” means a person immediately in charge of all park areas and their activities, and to whom all park attendants of such areas are responsible.

(3) “Park” means a park, playground, beach, recreation center or any other area in the City, owned or used by the City, and devoted to active or passive recreation.

(4) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

(5) “Skatepark” means the Albany Skatepark, a facility for the use of skateboards, roller skates and inline roller skates located at 1375 Sixth Avenue SE, Albany, Oregon.

(6) “Vehicle” means any wheeled conveyance, whether motor powered, animal-drawn, or self-propelled. The term includes any trailer in tow of any size, kind or description. Exception is made for baby carriages and vehicles in the service of the City parks. (Ord. 5464 § 1, 2000; Ord. 4585 § 1, 1983; Ord. 3169 § 1, 1964).

7.28.020 Prohibited acts.

No person in a park shall:

(1) Buildings and Other Property.

(a) Dig, or remove any beach sand whether submerged or not, or any soil, rock, stone, tree, shrub, plant, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency. Exception is made in obtaining a wood permit from the Department with approval of the Director plus a fee in accordance with approved Council policy.

(b) Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, on, or across such lands, except by special written permit and approval by the Director.

(c) Play sports or engage in other activities outside recreation areas set aside for that purpose if the activity is harmful to plant life or interferes with other uses of the park, or during a time when such areas are already reserved by the Department for use, without the permission of the Parks and Recreation Department.

(d) No person may wash any clothing or other material in a park area. (Ord. 4585 § 1, 1983; Ord. 3169 § 3, 1964).

7.28.040 Traffic.

No person in a park shall:

(1) Speed of Vehicles. Ride or drive a vehicle at a rate of speed exceeding 15 miles per hour except upon such roads as designated by posted signs.

(2) Operation Confined.

(a) Drive any vehicle on any area except paved park roads, parking areas or other such areas as may on occasion be specifically designated as temporary parking areas.

(b) Drive any vehicle, truck, trailer or combination thereof upon any paved road or parking area in a park when the gross weight of the vehicle, truck, trailer, or combination thereof shall exceed 10,000 pounds.

(3) Parking.

(a) Park a vehicle in other than an established or designated parking area. Such use shall be in accordance with posted direction thereat and with the instructions of any attendant who may be present.

(b) Double-park any vehicle on any road or parkway unless directed by a park official or traffic officer.

(4) Bicycles.

(a) Ride a bicycle in the Skatepark.

(b) Ride a bicycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to push a bicycle by hand over any grassy area, wooden trail or on any paved area reserved for pedestrian use.

(c) Leave a bicycle lying on the ground or paving, set against trees or in any place or position where other persons may trip over or be injured by it.

(5) Roller Skates, Inline Skates and SkateBoards Only in the Skatepark.

(a) Ride or stand upon within the boundaries of the Skatepark, any device or conveyance other than roller skates, inline roller skates or a skateboard. (Ord. 5464 § 2, 2000; Ord. 4585 § 1, 1983; Ord. 3284 § 1, 1967; Ord. 3169 § 4, 1964).

7.28.050 Swimming regulations.

No person in a park shall:

(1) Designated Areas. Swim, bathe, or wade in any waters or waterway in or adjacent to any park except in such waters and places as are provided therefor and in compliance with such regulations as are herein set forth or may hereafter be adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate there when such activity is prohibited upon a finding that such use of the water would be dangerous or otherwise inadvisable. (Ord. 5026 § 1, 1993; Ord. 4585 § 1, 1983; Ord. 3169 § 5(1), 1964).

7.28.060 Boating.

No person in a park shall:

(1) Designated Areas. Bring into or operate any boat, raft, or other watercraft, whether motor-powered or not upon any waters except those designated for boating. Such activities shall be in accordance with applicable regulations as are now or may hereafter be adopted.

(2) Operation of Boats. Navigate, direct, or handle any boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat.

(3) Prohibition During Closing Hours. Launch, dock, or operate any boat of any kind on any waters between the closing hour of the park at night and the opening hour the following morning. Nor shall any person remain on or in, any boat during the closed hours of a park. (Ord. 4585 § 1, 1983; Ord. 3169 § 5(2), 1964).

7.28.065 Public docks – Prohibitions.

(1) Definitions.

(a) “Boat” is any watercraft in or upon or docked or moored at any place in any waterway within the boundaries of the City.

(b) “City” is the City of Albany.

(c) “Waterway” is any water, waterway, lake, river, tributary, canal, lagoon, or connecting waters within the boundaries of the City.

(2) Swimming. No person shall use a public dock for the purpose of ingress or egress while swimming in the Willamette River or any tributary of the Willamette River.

(3) Moorage. No boat shall be moored at a public dock or adjacent to a City park or parkway for a continuous moorage in excess of 24 hours.

(4) Violation – Penalty. Any violation of provision of this chapter shall be subject to the general penalty provisions as provided in Chapter 1.04 AMC and more particularly AMC 1.04.010. (Ord. 4585 § 1, 1983; Ord. 4540 §§ 1 – 4, 1982).

7.28.070 Hunting and firearms.

No person in a park shall:

(1) Hunting, Trapping or Pursuit of Wildlife at Any Time. Use, carry or possess firearms, air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially harmful to wildlife and human safety, or any instrument that can be loaded with and fire blank cartridges or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden. The exceptions are hunters using a park facility as access for boat hunting. In this exception, hunters must insure that their guns are unloaded.

(2) The restriction provided in subsection (1) of this section shall not apply if all of the following criteria are met:

(a) The Director authorizes, in writing, the activity which would otherwise be prohibited; and

(b) The activity in question promotes a legitimate educational, scientific, historical, or recreational activity; and

(c) The Director reasonably concludes that the activity in question will be conducted in a manner consistent with wildlife and human safety; and

(d) The organization or party applying for the exemption provides the Director with a certificate of liability insurance coverage naming the City as an additional insured and providing coverage limits for the activity in question which are not less than the applicable statutory limits of governmental liability provided by state law.

(3) If the Director denies an application for authorization to engage in an activity which would otherwise be prohibited by subsection (1) of this section, the Director’s decision may be appealed within 10 days by a written appeal to the City Manager. The City Manager shall thereafter conduct proceedings as he or she deems appropriate; and upon consideration of the criteria set forth in subsection (2) of this section, may reverse, modify, or affirm the decision of the Director. The decision of the City Manager shall be final. (Ord. 5648 § 1, 2006; Ord. 4585 § 1, 1983; Ord. 3169 § 5(3), 1964).

7.28.080 Picnic areas and use.

No person in a park shall:

(1) Regulations. Picnic or lunch in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas where necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end by park attendants.

(2) Availability. Violate the regulation that use of the individual fireplaces together with the tables and benches follows generally the rule of “first come, first served.”

(3) Nonexclusive. Use any portion of the picnic areas, buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facility for an unreasonable time if the facilities are crowded. Exception is made by Director-approved reservation as specified and granted by the Department. (See AMC 7.28.250 and 7.28.260.) (Ord. 4585 § 1, 1983; Ord. 3169 § 5(4), 1964).

7.28.090 Horseback riding.

No person in a park shall:

(1) Location. Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained, ridden with due care and not be allowed to graze or go unattended nor shall any horse be hitched to any rock, tree, or shrub. (Ord. 4585 § 1, 1983; Ord. 3169 § 5(5), 1964).

7.28.100 Intoxicating beverages – General.

No person shall:

(1) Parks. Bring or drink alcoholic beverages, with the exception of beer and wine at any time in the park;

(2) Buildings. Bring or drink alcoholic beverages in City-owned buildings except by a permit issued in accordance with AMC 7.28.104 through 7.28.106. (Ord. 4604 § 1, 1983; Ord. 4585 § 1, 1983; Ord. 3169 § 6(1), 1964).

7.28.102 Intoxicating beverages – Prohibition – Bryant Park, Bowman Park, Eleanor Park, Monteith Riverpark, Albany Skatepark, and Burkhart Park.

It is unlawful for any person to possess an alcoholic beverage in Bryant Park, Bowman Park, Eleanor Park, Monteith Riverpark, Albany Skatepark, and Burkhart Park without a special permit. For the purpose of AMC 7.28.102 through 7.28.108, an “alcoholic beverage” is any beverage having alcohol content of more than one-half of one percent by volume. (Ord. 5524 § 1, 2002; Ord. 5464 § 3, 2000; Ord. 4925 § 1, 1990; Ord. 4721 § 1, 1986; Ord. 4604 § 1, 1983; Ord. 4585 § 1, 1983; Ord. 4512 § 1, 1982; Ord. 3860 § 1, 1975).

7.28.104 Intoxicating beverages – Special permit – Issuance authority.

Notwithstanding prohibition against the use or possession of alcoholic beverages in City parks set forth in other ordinances of the City, the City Manager shall have the right to issue a special permit for the use and possession of alcoholic beverages in the park. (Ord. 3860 § 2, 1975).

7.28.106 Intoxicating beverages – Special permit – Fees.

Any person or organization may request a permit referred to in AMC 7.28.104, subject to the following conditions:

(1) Payment of fee in accordance with approved Council policy;

(2) The name and address of the applicant shall be furnished, together with an estimate of the number of persons who will be participating. (Ord. 4585 § 1, 1983; Ord. 3860 § 3, 1975).

7.28.108 Intoxicating beverages – Special permit – Conditions.

The granting of a permit referred to in AMC 7.28.104 shall be discretionary with the City Manager and, if issued, such conditions may be attached thereto as will be in the best interests of peace, health and safety to all citizens. (Ord. 3860 § 4, 1975).

7.28.120 Domestic animals – Responsibility.

No person in a park shall:

(1) Be responsible for the entry of a dog or other domestic animal into areas other than automobile parking concourses and walks and in such areas as are clearly marked by signs bearing the words “Dogs and Other Domestic Animals Permitted in This Area.” Nothing herein shall be construed as permitting the running of dogs at large.

(2) Parks and Recreation Department employees and police officers may require a person in charge of an animal to undertake any measure including the removal of the animal from the park area, if necessary, to prevent interference by the animal with the safety, comfort, or well-being of park visitors or resources.

(3) No animal may be hitched to a tree or shrub in a manner that endangers the tree or shrub.

(4) Owners of dogs or other animals shall be responsible for clean-up and removal of all waste deposited in the parks by their animals.

(5) No person shall harass, injure or otherwise harm or remove any existing wildlife from any park or park facility. Exceptions are granted in the case of domestic ducks which may be removed by approval from the Director and written permit issued by the Department at no charge.

(6) No person shall deposit, leave or otherwise abandon any animal either domestic or wild within park boundaries.

(7) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal, reptile, or bird. Nor shall a person remove or have in their possession the young of any wild animal or the eggs, nest, or young of any reptile or bird. Nor shall a person collect, remove, have in their possession, give away, sell, offer to sell or buy or offer to buy or accept as a gift any specimen alive or dead of any of the group of tree snails. Exception to the foregoing is made in the case of snakes which are known to be deadly poisonous which may be killed on sight.

(8) Give, offer, or attempt to give or offer any animal or bird tobacco, alcohol, or other known noxious substances. (Ord. 4585 § 1, 1983; Ord. 3169 § 6(3), 1964).

7.28.160 Fires.

(1) Fires in park areas shall be confined to:

(a) Barbecue stands, pits, or fireplaces provided for that purpose; and

(b) Portable stoves in established campsites or picnic areas where fires are permitted.

(2) No fire in a park area may be left unattended. Every fire must be extinguished by the user before leaving the park area. (Ord. 4585 § 1, 1983; Ord. 3169 § 6(7), 1964).

7.28.170 Closed areas.

No person in a park shall enter an area posted as “Closed to the Public,” nor shall any person use, or abet the use of any area in violation of posted notices. (Ord. 3169 § 6(8), 1964).

7.28.190 Going onto ice.

No person in a park shall:

(1) Location. Go onto any iced-over waters except those designated as skating fields and displaying a safety marker. (Ord. 4585 § 1, 1983; Ord. 3169 § 6(10), 1964).

7.28.210 Exhibit permits.

No person in a park shall:

(1) Permit Inspection. Fail to produce and exhibit any permit the park user claims to have following the request of any authorized person who desires to inspect it for the purpose of enforcing compliance with any ordinance or rule. (Ord. 4585 § 1, 1983; Ord. 3169 § 6(12), 1964).

7.28.230 Merchandising, advertising and signs.

No person in a park shall:

(1) Vending and Peddling. Expose or offer for sale any article or thing. Nor shall a vendor station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is made for any regularly licensed concessionaire acting by and under the authority and regulation of the Director.

(2) Advertising. Announce, advertise, or call attention in any way to any article or service for sale or hire. (Ord. 4585 § 1, 1983; Ord. 3169 § 7, 1964).

7.28.240 Park operating policy.

No person in a park shall:

(1) Hours. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year during designated hours. The opening and closing hours for each individual park shall be posted therein for public information.

(2) Closed Areas. Any section or part of any park may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or merely to certain uses, as the Director finds reasonably necessary.

(3) Lost and Found Articles. The finding of lost articles by park attendants shall be reported to the Department who shall make every reasonable effort to locate the owners. Articles will be considered abandoned and disposed of by ordinance if no claim has been made for the article within 30 days. (Ord. 4585 § 1, 1983; Ord. 3169 § 8(1 – 3), 1964).

7.28.245 Overnight camping.

No person in a park shall:

(1) Authorization. Camp in any park area without the specific authorization of the Director. (Ord. 4585 § 1, 1983).

7.28.250 Reservation of park facilities – Obtaining a permit.

A person shall obtain a permit from the Director before participating in a park activity requiring reservation of facilities. A person seeking issuance of a permit shall file an application with the Department which will state:

(1) The name and address of the applicant;

(2) The name and address of the person(s), corporation or association sponsoring the activity, if any;

(3) The day and hours for which the permit is desired;

(4) The park or portion thereof for which such permit is desired;

(5) An estimate of the anticipated attendance; and

(6) Any other information which the Director shall find reasonable to a fair determination as to whether a permit should be issued. (Ord. 4585 § 1, 1983; Ord. 3169 § 8(4)(a), 1964).

7.28.260 Standards for issuance.

The Director shall issue a permit when it is found:

(1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general enjoyment of the park, the promotion of public health, welfare, safety and recreation;

(2) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

(3) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the City;

(4) That the facilities desired have not been previously reserved by another group at the day and hour requested in the application;

(5) That all permit deposits and fees have been paid prior to the date of the requested park and park facility usage. (Ord. 4585 § 1, 1983; Ord. 3169 § 8(4)(b), 1964).

7.28.270 Appeal – Apprising.

Within three days after receiving an application for a park reservation, the Director shall either approve or deny the permit. If denied, the Director shall apprise an applicant in writing of the reasons for refusing the permit and allow the aggrieved person the right to appeal in writing within 21 days to the City Council, which shall consider the application under the standards set forth in AMC 7.28.260. Based on these standards, the Council will either sustain or overrule the Director’s decision within 30 days which shall be final. (Ord. 4585 § 1, 1983; Ord. 3169 § 8(4)(c), 1964).

7.28.280 Effect of permit – Bounds of permittee.

A permittee shall be bound by all park rules and regulations as set forth in this chapter and all other applicable ordinances as though they were inserted in the permits. (Ord. 4585 § 1, 1983; Ord. 3169 § 8(4)(d), 1964).

7.28.290 Liability of permittee.

The person(s) to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person by whatever reason of the negligence of the person or persons to whom the permit has been issued while in or on any park or park facility. (Ord. 4585 § 1, 1983; Ord. 3169 § 8(4)(e), 1964).

7.28.300 Revocation of permit.

The Director shall have the authority to revoke any permit upon the violation of any rule or ordinance, or upon good cause shown. (Ord. 4585 § 1, 1983; Ord. 3169 § 8(4)(f), 1964).

7.28.310 Enforcement of chapter.

(1) Officials. The Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.

(2) Ejectment Period. The Director and any park attendant shall have the authority to eject from any park or the Skatepark any person acting in violation of the Albany Municipal Code or State law. The Director or park attendant ordering the ejectment may prohibit return to the park or the Skatepark for any period of time up to six months and any person entering upon or remaining on the park or the Skatepark in violation of such directive shall be guilty of criminal trespass and subject to prosecution therefor.

(3) Seizure of Property. The Director and any park attendant shall have the authority to seize and confiscate any property, thing or device in the park which is used in violation of this chapter. (Ord. 5464 § 4, 2000; Ord. 4585 § 1, 1983; Ord. 3169 § 9, 1964).

Chapter 7.32
PETTY LARCENY – SHOPLIFTING

Sections:

7.32.010 Definitions.

7.32.020 Theft – Definition.

7.32.030 Theft.

7.32.040 Theft by receiving.

7.32.010 Definitions.

As used in this code, unless context requires otherwise:

(1) “Appropriate property of another to oneself or a third person” or “appropriate” means to:

(a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property; or

(b) Dispose of the property of another for the benefit of oneself or a third person.

(2) “Deprive another of property” or “deprive” means to:

(a) Withhold property of another or cause property of another to be withheld from him/her permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him/her; or

(b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

(3) “Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.

(4) “Owner of property taken, obtained or withheld” or “owner” means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

(5) “Property” means any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or

of contract. (Ord. 5026 § 1, 1993; Ord. 3603 § 1, 1972; Ord. 2823 § 34, 1958).

7.32.020 Theft – Definition.

A person commits theft when, with intent to deprive another of property or to appropriate property to himself/herself or to a third person, he/she:

(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or

(2) When the person knows or has good reason to know the property has been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient and said person has the intent to deprive the owner thereof and he/she fails to take reasonable measures to restore the property to the owner;

(3) Shoplifting Defined. Any person who willfully conceals or takes possession of any goods offered for sale by a wholesale or retail store or other mercantile establishment, without the knowledge or consent of the owner, and with the intent to convert the goods to his/her own use without paying the purchase price thereof, is guilty of shoplifting. It shall be prima facie evidence of an attempt to convert the goods to his/her own use if such goods are taken from the establishment without having paid for the same or without having made arrangements with the owner, manager, or one of his/her agents at the wholesale, retail or mercantile establishment to remove the goods. Any person found guilty of shoplifting as defined in this section shall, upon conviction, be punished as provided in Section 1.04.010. (Ord. 5026 § 1, 1993; Ord. 3603 § 8, 1972; Ord. 3462 § 1, 1970; Ord. 3198 § 1, 1965).

7.32.030 Theft.

A person commits the crime of theft if, by other than extortion, the person:

(1) Commits theft as defined in Section 7.32.020 of this chapter; and

(2) The total value of the property in a single or aggregate transaction is under $750.00; or

(3) The total value of the property in a single or aggregate transaction is under $200.00 in a case of theft by receiving. (Ord. 5141 § 1, 1994; Ord. 4918 § 1, 1990; Ord. 3603 § 9, 1972).

7.32.040 Theft by receiving

(1) A person commits the crime of theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know the property was the subject of theft.

(2) “Receiving” means acquiring possession, control or title, or lending on security of the property. (Ord. 5141 § 5, 1994).

Chapter 7.36
LODGING ACCOMMODATIONS

Sections:

7.36.010 Theft of services.

7.36.010 Theft of services.

(1) A person commits a crime of theft of services if:

(a) With intent to avoid payment therefor, he/she obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or

(b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities or another, he/she uses or diverts to the use of himself/herself or a third person such labor, equipment or facilities with intent to derive a commercial benefit for himself/herself or a third person not entitled thereto.

(2) As used in this section, “services” includes, but is not limited to, labor, professional services, toll facilities, transportation, telephone or other communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public nature such as gas, electricity, steam and water.

(3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained by deception. (Ord. 5026 § 1, 1993; Ord. 3603 § 10, 1972; Ord. 2823 § 23, 1958).

Chapter 7.40
DESTRUCTION OF PROPERTY

Sections:

7.40.010 Destruction of official notices and signs.

7.40.020 Criminal mischief.

7.40.030 Taking, retention or mutilation of public records.

7.40.040 Criminal trespass.

7.40.010 Destruction of official notices and signs.

No person shall willfully deface or tear down any official notice or bulletin or any official sign or signal posted or placed in conformity with the law. (Ord. 2823 § 30, 1958).

7.40.020 Criminal mischief.

(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so or reasonable grounds to believe that he/she has such right, he/she tampers or interferes with property of another.

(2) A person commits the crime of criminal mischief in the second degree if he/she commits the crime defined in subsection (1) and in addition thereto the damages to the property are in an amount exceeding $100.00 or having no right to do so or no reasonable grounds to believe that he/she has such right, he/she intentionally damages property of another in any amount, or he/she recklessly damages property of another in an amount exceeding $100.00. (Ord. 5026 § 1, 1993; Ord. 3667 § 1, 1972; Ord. 2823 § 31, 1958).

7.40.030 Taking, retention or mutilation of public records.

(1) No person shall without proper authority take or remove any public record, document, book, paper or personal property of any kind owned by the City.

(2) No person without proper authority shall mutilate or destroy any public record, document, book, or paper on file or kept on record in any public office of the City.

(3) No person shall retain any public record, document, book or paper after lawful demand has been made for the return thereof. (Ord. 2823 § 33, 1958).

7.40.040 Criminal trespass.

(1) A person commits the crime of criminal trespass if he/she enters or remains unlawfully in or upon premises.

(2) For the purpose of this section, the following definitions shall apply:

(a) “Enter or remain unlawfully” means:

(i) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when entrant is not otherwise licensed or privileged to do so; or

(ii) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

(b) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain was required;

(c) “Premises” includes any building and any real property, whether privately or publicly owned;

(d) “Person in charge” means a person, his/her representative or his/her employee who has lawful control of premises by ownership, tenancy, official position, or other legal relationship. It includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by City Council, board, commission or governing body of any political subdivision of the State. (Ord. 5026 § 1, 1993; Ord. 3603 § 11, 1972; Ord. 3160 § 1, 1964; Ord. 2823 § 61, 1958).

Chapter 7.44
MINORS

Sections:

7.44.100 Age requirement.

7.44.110 Responsibility of guardian or parent.

7.44.120 Custody of minor until guardian or parent arrives.

7.44.130 Refusal of guardian or parent to take custody.

7.44.100 Age requirement.

It is unlawful for any child under the age of 18 years to be on or remain upon any street, alley, park or other public place within the City between the hours specified hereafter unless the child is accompanied by a parent, guardian, a person who is to have legal custody or control of the child, or other proper companion of the age of 21 years or more, specifically chosen by the parent, guardian or legal custodian of the child, to escort the child on the occasion in question, or unless such child is then engaged in going to or from employment, night school, or school activities which make it necessary to be in or upon such street, alley, park or other public place during the nighttime between such specified hours. (Ord. 3228 § 1, 1965; Ord. 1555 § 1, 1943).

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).

7.44.120 Custody of minor until guardian or parent arrives.

Any police officer or any other law enforcement officer is hereby authorized and empowered by the virtue of his/her office to take charge of any person under the age of 18 years violating the provisions of this chapter, and it shall be the duty of any such officer taking charge of any such person to take such person to the police station and to thereafter notify the parent or guardian of such person immediately of the violation of the terms of this chapter, and to thereafter notify such parent or legal guardian that the person will be held in custody of the police station until said person can come to the police station to get the minor person, and the person shall be held at the police station pending the arrival of the parent or guardian. (Ord. 5026 § 1, 1993; Ord. 1555 § 3, 1943).

7.44.130 Refusal of guardian or parent to take custody.

It is unlawful and shall be considered a separate offense under this chapter for any person, guardian or any other adult person having the legal care and custody of any person under the age of 18 years to refuse to come to the police station and take the minor person, under their custody, immediately to their home, upon being so notified by the Police Department. (Ord. 1555 § 4, 1943).

Chapter 7.48
ILLEGAL USE OF TELEPHONE

Sections:

7.48.010 Definition.

7.48.020 Allowing use of telephone.

7.48.030 Location.

7.48.010 Definition.

Any person who by means of telephone communication:

(1) Makes any comment, request, suggestion or proposal which is obscene or lewd or lascivious and with intent to annoy, abuse, threaten or harass any person at the called number; or

(2) Makes a telephone call whether or not conversation ensues, with or without disclosing his/her identity and with the intent to annoy, abuse, threaten or harass any person at the called number; or

(3) Makes or causes the telephone of another to repeatedly or continuously ring, with intent to annoy or harass any person at the called number; or

(4) Makes repeated telephone calls during which conversation ensues, solely to annoy or harass any person at the called number, shall be punished as provided in Section 1.04.010. (Ord. 5026 § 1, 1993; Ord. 3306 § 1, 1967).

7.48.020 Allowing use of telephone.

It is unlawful for any person knowingly to permit any telephone under his/her control to be used for any purpose prohibited by Section 7.48.010 and violation thereof shall be subject to punishment as provided in Section 1.04.010. (Ord. 5026 § 1, 1993; Ord. 3306 § 2, 1967).

7.48.030 Location.

Any offense committed by use of the telephone as herein set out shall be deemed to have been committed either at the place in which the telephone call is made or at the place where the telephone call is received. (Ord. 3306 § 3, 1967).

Chapter 7.52
LITTERING

Sections:

7.52.010 Short title.

7.52.020 Definitions.

7.52.030 Offensive littering.

7.52.040 Placement of litter in receptacles.

7.52.050 Sweeping litter into gutters prohibited.

7.52.060 Merchants’ duty.

7.52.070 Litter thrown from vehicles.

7.52.080 Truck loads causing litter.

7.52.090 Litter in parks.

7.52.100 Lakes and fountains.

7.52.110 Commercial handbills in public places.

7.52.120 Placing on vehicles.

7.52.130 Depositing on uninhabited or vacant premises.

7.52.140 Prohibiting distribution where posted.

7.52.150 Distributing at inhabited private premises.

7.52.160 Dropping litter from aircraft.

7.52.170 Posting notices prohibited.

7.52.171 Owner of property referred to in sign responsible.

7.52.180 Litter on occupied private property.

7.52.190 Owner to maintain premises free of litter.

7.52.200 Litter on vacant lots.

7.52.210 Keeping of litter deemed nuisance.

7.52.220 Notice of property owner – Cost of removal.

7.52.010 Short title.

This chapter shall be known and may be cited as the “Albany Anti-Litter Ordinance.” (Ord. 2920 § 1, 1960).

7.52.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

(1) “Aircraft” means any contrivance now known or hereafter invented, used, or designated for navigation or for flight in the air. “Aircraft” includes helicopters and lighter-than-air dirigibles and balloons.

(2) “Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in Ordinance No. 2758.¹

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

(4) “Commercial handbill” means any printed or written matter, and sample, or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:

(a) Which advertises for sale any merchandise, product, commodity, or thing, or

(b) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales, or

(c) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit, but the terms of this clause do not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this City, or

(d) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

(5) “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

(6) “Litter” means “garbage”, “refuse”, and “rubbish” as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

(7) “Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statutes or regulations, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

(8) “Noncommercial handbill” means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

(9) “Park” means a park, reservation, playground, beach, recreation center or any other public area in the City, owned or used by the City and devoted to active or passive recreation.

(10) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

(11) “Private premises” means any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

(12) “Public place” means any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all public parks, squares, spaces, grounds, and buildings.

(13) “Refuse” means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

(14) “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

(15) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 2920 § 2, 1960).

7.52.030 Offensive littering.

(1) A person commits the crime of offensive littering if he/she creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

(a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way; or

(b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon public way; or

(c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle which he/she is operating; except that this subsection shall not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Commerce Commission or the Public Utility Commissioner of Oregon or a person operating a school bus subject to ORS 485.010 to 485.060.

(2) As used in this section, “public way” includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, county or a local municipality for use by the general public. (Ord. 5026 § 1, 1993; Ord. 3603 § 14, 1972; Ord. 2920 § 3, 1960).

7.52.040 Placement of litter in receptacles.

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place. (Ord. 2920 § 4, 1960).

7.52.050 Sweeping litter into gutters prohibited.

No person shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Ord. 2920 § 5, 1960).

7.52.060 Merchants’ duty.

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter. (Ord. 2920 § 6, 1960).

7.52.070 Litter thrown from vehicles.

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City. (Ord. 2920 § 7, 1960).

7.52.080 Truck loads causing litter.

No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances or foreign matter of any kind. (Ord. 2920 § 8, 1960).

7.52.090 Litter in parks.

No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (Ord. 2920 § 9, 1960).

7.52.100 Lakes and fountains.

No person shall throw or deposit litter in any fountain, pond, lake, stream, bay, or any other body of water in a park or elsewhere within the City. (Ord. 2920 § 10, 1960).

7.52.110 Commercial handbills in public places.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. Nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however that it is not unlawful on any sidewalk, street, or other public place within the City for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Ord. 2920 § 11, 1960).

7.52.120 Placing on vehicles.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, provided however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 2920 § 12, 1960).

7.52.130 Depositing on uninhabited or vacant premises.

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. 2920 § 13, 1960).

7.52.140 Prohibiting distribution where posted.

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: “No Trespassing”, “No Peddlers or Agents”, “No Advertisement”, or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 2920 § 14, 1960).

7.52.150 Distributing at inhabited private premises.

(1) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon the premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations.

(2) Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein). (Ord. 2920 § 15, 1960).

7.52.160 Dropping litter from aircraft.

No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object. (Ord. 2920 § 16, 1960).

7.52.170 Posting notices prohibited.

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 2920 § 17, 1960).

7.52.171 Owner of property referred to in sign responsible.

When any sign or notice has been posted as prohibited in Section 7.52.170 it should be presumed that the owner or occupant of the premises referred to in the sign, notice, or poster, has caused the sign to be posted. (Ord. 4514 § 1, 1982).

7.52.180 Litter on occupied private property.

No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. 2920 § 18, 1960).

7.52.190 Owner to maintain premises free of litter.

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section does not prohibit the storage of litter in authorized private receptacle for collection. (Ord. 2920 § 19, 1960).

7.52.200 Litter on vacant lots.

No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. (Ord. 2920 § 20, 1960).

7.52.210 Keeping of litter deemed nuisance.

It is hereby determined and declared that the keeping of litter on any vacant lots within the City is a nuisance and is unlawful. (Ord. 4552 § 1, 1982).

7.52.220 Notice of property owner – Cost of removal.

The City Manager or his/her designate shall notify any owner or person in charge of real property upon which the litter is located to remove the same within 10 days after notice. Notice shall be given by certified mail with return receipt addressed to the owner as shown by the Assessment Records of Linn County, Oregon. In the event that the property owner fails to remove said litter within 10 days after notice, the City Manager or his/her designate shall take action to cause the nuisance to be abated.

If the litter has not been removed within 10 days after notice, the City Manager or his/her designate may cause the same to be removed either through contract with a private contractor or by City crews and the cost of removal of said litter shall be calculated and be charged to the owner of the property and will become a lien against the property.

(1) Right to Enter. In the event it becomes necessary for the City Manager or his/her designate to undertake the removal of the litter from any private lot within the City, the City Manager or his/her designate shall have the right at reasonable times to enter into and upon the property to remove the litter.

(2) Cost to Become a Lien. Upon completion of the removal of the litter and in the event that the costs of the removal are not paid within 30 days, the City Manager or his/her designate shall file with the City Recorder and thereafter present to the City Council an itemized statement of the costs thereof. The City Council shall, thereafter, by ordinance determine the reasonableness of the cost which shall be an obligation owed to the City by the owner of the real property involved, and the City shall have a lien upon the real property for said sum and the lien shall be entered in the lien docket and enforced against the property in the manner provided for the enforcement of City liens. (Ord. 5026 § 1, 1993; Ord. 4552 § 1, 1983).

Chapter 7.60
GLUE SNIFFING

Sections:

7.60.010 Use.

7.60.020 Induction.

7.60.030 Definition and sale regulation.

7.60.010 Use.

It is unlawful for any person to knowingly smell or inhale any drugs, or other noxious substances or chemicals containing any ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons, or any other substances containing solvents releasing toxic vapors in such excessive quantities as to cause conditions of intoxication, inebriation, excitement, stupefaction or dulling of the brain or nervous system. This applies with particularity to, but not limited to, fingernail polish, model airplane glue, or any other substance or chemical which has the aforementioned effect upon the brain or nervous system when inhaled. (Ord. 3351 § 1, 1968).

7.60.020 Induction.

It is unlawful for any person other than a licensed physician to cause, invite or induce any person to smell or inhale any drugs or noxious chemicals containing any ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons, or other substances releasing toxic vapors, which when inhaled or smelled in excessive quantities cause conditions of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system. (Ord. 3351 § 2, 1968).

7.60.030 Definition and sale regulation.

Every person engaged in the sale of model glue (“model glue” means the type commonly used in building model airplanes, boats and automobiles, containing toluene, acetone, or other solvent or chemical having the property of releasing toxic vapors), shall keep a record of each sale of the model glue. The records required to be kept shall be kept in a book for that purpose, to contain the name of the person to whom the model glue is sold, his/her age, residence, and the number of containers of the glue purchased. (Ord. 3351 § 3, 1968).

Chapter 7.68
OBSTRUCTION OF PASSAGEWAYS

Sections:

7.68.010 Obstructing passageways.

7.68.010 Obstructing passageways.

(1) No person shall, except as otherwise permitted by ordinance, obstruct, cause to be obstructed, or assist in obstructing pedestrian or vehicular traffic on any sidewalk or street.

(2) No person or persons shall fail or refuse to disperse when lawfully ordered to do so by any police officer.

(3) The provisions of this section do not apply to the delivery of merchandise or equipment, provided that no person shall permit such merchandise or equipment to remain on any street or sidewalk for the purposes of storage or display except by permit.

(4) No person shall use any street or sidewalk or any portion thereof for the selling, storing, or display of merchandise or equipment, except as allowed by a temporary right-of-way permit.

(5) No person shall deposit any earth or other debris upon any street or sidewalk.

(6) No person shall place or erect a structure or part of a structure on or over a public street or sidewalk without an encroachment or street use permit.

(7) No person shall permit any cellar door or grate located in or upon a sidewalk to remain open except when the entrance is being used; and when being used, the entrance shall be opened only with the proper safeguards to protect pedestrians using the sidewalk.

(8) No owner, lessee, occupant, or person having the control or custody of any premises or unimproved property shall permit any snow or ice which has fallen or has accumulated upon the sidewalks abutting upon such premises or property to remain more than two hours after the snow or ice has ceased to fall thereon; provided, however, that if the snow is falling or ice accumulating after the hour of 6:00 p.m., the same shall be removed by 7:30 a.m. the following day. (Ord. 4523 § 1, 1982; Ord. 2823 § 18, 1958).

Chapter 7.72
INTERFERENCE WITH POLICE OR FIRE DEPARTMENT

Sections:

7.72.010 Interference with police.

7.72.020 Interference with Fire Department.

7.72.030 Resisting arrest.

7.72.040 Assaulting a public safety officer.

7.72.010 Interference with police.

A person commits a crime of interference with police if he/she intentionally interferes with any police officer or person duly empowered with police authority who is acting in the discharge of his/her duty if he/she:

(1) Knows, or has reason to know, a crime has been committed and:

(a) Warns a person who has committed a crime of impending discovery or apprehension, or

(b) Prevents or obstructs by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person, or

(c) Suppresses by any act of concealment, alteration or destruction, physical evidence which might aid in the discovery or apprehension of such person, or

(d) Knowingly makes a false oral or written statement to a police officer who is then in the course of conducting a criminal investigation;

(2) Offers or endeavors to assist any person in the custody of a police officer or a person duly empowered with police authority to escape or attempt to escape from such custody;

(3) Impersonates, falsely assumes or pretends to be a law enforcement officer;

(4) Uses or permits the use of property for planning or promoting criminal activities or violation of City ordinances;

(5) Operates any generator or electromagnetic wave or causes a disturbance of such magnitude as to interfere with the proper functioning of any police radio communication system of the City;

(6) Knowingly makes or files with the Police Department of the City any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime. (Ord. 5026 § 1, 1993; Ord. 4395 § 1, 1980; Ord. 2823 § 15, 1958).

7.72.020 Interference with Fire Department.

(1) No person shall intentionally give any false alarm of fire or aid or abet in the commission of such an act.

(2) It is unlawful for any person or persons to knowingly or willfully interfere with any member of the Fire Department in the lawful performance of their duties. For the purpose of this section, all members of the Fire Department are endowed with the same powers of arrest as those conferred upon peace officers for violations of the City ordinances.

(3) It is unlawful for any person or persons to tamper with any fire alarm boxes or with the wire or fastenings or any of the apparatus connected with the fire alarm system or with the fire engines, heaters, leaders, water supply, or anything connected with or pertaining to the City fire apparatus or wantonly to injure or impair the same of the City, or for any person to turn in any false fire alarm.

(4) It is unlawful for any person to lead, ride, or drive any horse or other animal or to operate any vehicle over or upon any fire hose or to disturb or injure in any manner any hose, engine, appliance or apparatus belonging to or used by the Fire Department. (Ord. 4536 § 1, 1982; Ord. 2823 § 16, 1958).

7.72.030 Resisting arrest.

(1) A person commits the crime of resisting arrest if he/she intentionally resists a person known by him/her to be a peace officer in making an arrest.

(2) “Resists,” as used in this section, means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to the arresting officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.

(3) It is no defense to a prosecution under this section that the peace officer lacked legal authority to make the arrest, provided he/she was acting under the color of his/her official authority. (Ord. 5026 § 1, 1993; Ord. 4918 § 2, 1990; Ord. 3603 § 17, 1972).

7.72.040 Assaulting a public safety officer.

(1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to another person, knowing the other person to be a peace officer, corrections officer, or firefighter, and while such other person is acting in the course of official duty.

(2) Notwithstanding any other provisions of the Albany Municipal Code, a person convicted of assaulting a public safety officer shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole, probation or suspension of sentence before serving at least seven days of the sentence. (Ord. 4497 § 1, 1982).

Chapter 7.74
BURGLARY AND ROBBERY ALARMS²

Sections:

7.74.010 Policy.

7.74.020 Purpose.

7.74.030 Definitions.

7.74.040 Alarm system permits required.

7.74.050 Application for permit.

7.74.060 Permit fees.

7.74.070 Sound emission cut-off feature.

7.74.080 False alarms.

7.74.090 Suspension of permits.

7.74.100 Right to appeal.

7.74.110 Confidentiality.

7.74.120 Enforcement and penalties.

7.74.010 Policy.

This chapter governs burglary and robbery alarms, sets requirements, establishes acceptable standards, and establishes a system for administrators. (Ord. 4922 § 1, 1990).

7.74.020 Purpose.

This chapter is to encourage alarm users to assume increased responsibility for maintaining the mechanical reliability and the proper use of alarm systems. The goal of the chapter is to prevent unnecessary police emergency responses to false alarms and thereby to protect the emergency response capability of the City from misuse.

In addition, this chapter will require the issuance of a permit for any burglary and/or robbery alarm and will thereby provide emergency responders with up to date information concerning the use of the premises and responsible parties. (Ord. 4922 § 1, 1990).

7.74.030 Definitions.

For the purpose of this chapter, the following mean:

(1) Administrator. A person designated by the Chief of Police to exercise any powers or duties provided by this chapter.

(2) Alarm User. A person or other entity in control of any building, structure, or facility in which a burglary alarm or robbery alarm is maintained.

(3) Alarm System. A burglary or robbery alarm as defined herein.

(4) Burglary Alarm. An alarm system designed to signal an entry or attempted entry into a protected area requiring urgent attention to which police are requested to respond.

(5) Robbery Alarm. An alarm system designed to signal a robbery or attempted robbery requiring urgent attention to which police are requested to respond.

(6) False Alarm. Any burglary or robbery alarm requesting a response by police personnel when a situation requiring such response does not in fact exist. It does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user.

(7) Government Political Unit. Any tax-supported public agency, including the federal government or any government agency as defined in ORS 165.075. (Ord. 4922 § 1, 1990).

7.74.040 Alarm system permits required.

A permit shall be obtained from the City of Albany for the use of a burglary or robbery alarm system within 30 days of the effective date of the ordinance codified in this chapter and thereafter within 30 days of the time any newly installed system becomes operative, or after the expiration of a prior permit. Each permit shall be valid for a period of one year. No person shall use or permit the use of an alarm system on any premises owned, occupied, or controlled by such person, without a valid alarm system permit. Alarm permits are issued on a calendar year basis and expire on December 31st. New permits for systems installed after August 1st of each year will be valid until December 31st of the following year. (Ord. 4922 § 1, 1990).

7.74.050 Application for permit.

An applicant for a permit shall submit the application to the Albany Police Department. The application shall include the following information:

(1) The street address and telephone number of the location where the alarm system is to be used.

(2) The name, address and telephone number of the alarm user.

(3) The address to which notices should be mailed.

(4) Whether the alarm is a burglary alarm or a robbery alarm, and whether the alarm or alarms are audible, silent, or both.

(5) If the alarm is audible, whether it is designed to automatically reset after a certain number of minutes, and if so, the period of time it is designed to function before automatically resetting.

(6) In the order of their priority,