Chapter 7.84
PUBLIC NUISANCES1
Sections:
Article I. Generally
7.84.010 Definitions.
7.84.020 –
7.84.210 Repealed.
7.84.215 Penalty.
7.84.220 Enhanced law enforcement area.
7.84.230 Persistent violation.
7.84.240 Mandatory arrest.
7.84.250 Misdemeanor classification presumptive penalty.
7.84.260 Offensive littering.
7.84.270 Trespassing.
Article II. Improper Use of Transit Shelters
7.84.310 Purpose.
7.84.320 Definitions.
7.84.330 Improper use of transit shelter.
7.84.340 Exclusions.
7.84.350 Issuance of exclusion notice.
7.84.360 Procedure for exclusion.
7.84.370 Appeal and variance.
Article I. Generally
7.84.010 Definitions.
For the purpose of the Albany Municipal Code, the following definitions apply:
(1) “Place” or “property” means any premises, room, house, building or structure, or any separate part or portion thereof, whether permanent or not, or the real property itself.
(2) “Street” means the portion of a road ordinarily used for vehicular travel, including the shoulder, and all public street right-of-way regardless of whether improved or unimproved.
(3) “To camp” means to set up or to remain in or at a campsite.
(4) “Campsite” means any place where any bedding, sleeping bag, or other materials used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicles or part thereof. (Ord. 5990, 2022; Ord. 5916, 2018; Ord. 5903, 2018; Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995).
7.84.020 Imminent nuisance.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995).
7.84.030 Debris, garbage, and junk deemed nuisance.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995).
7.84.040 Prohibited.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995).
7.84.050 Exception.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995).
7.84.060 Attractive nuisances.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.100).
7.84.070 Injurious substances on street.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.110).
7.84.080 Animal carcasses.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.120).
7.84.090 Deposit of offensive substances.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.130).
7.84.100 Drainage of surface waters.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5841 § 2, 2014; Ord. 5211 § 1, 1995. Formerly 7.84.140).
7.84.110 Creating a hazard.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.150).
7.84.120 Noxious vegetation, weeds, and tall grass.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5540 § 1, 2002; Ord. 5250 § 1, 1996; Ord. 5211 § 1, 1995. Formerly 7.84.160).
7.84.130 Notice to property owner for noxious vegetation, weeds, and tall grass.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5250 § 2, 1996; Ord. 5211 § 1, 1995. Formerly 7.84.170).
7.84.140 Abatement.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.060 and 7.84.180).
7.84.150 Imminent nuisance abatement.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.190).
7.84.160 Regular abatement.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5250 § 3, 1996; Ord. 5211 § 1, 1995. Formerly 7.84.080)
7.84.170 Costs to become a lien.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.090).
7.84.180 Ongoing sale of household items (garage sales) deemed a nuisance.
Repealed by Ord. 5991. (Ord. 5879 § 1, 2016; Ord. 5211 § 1, 1995. Formerly 7.84.190).
7.84.190 Requirements for shopping cart providers.
Repealed by Ord. 5991. (Ord. 5954, 2021; Ord. 5879 § 1, 2016; Ord. 5694 § 1, 2008. Formerly 7.84.210).
7.84.200 Retrieval and disposal of carts – Fees and penalties.
Repealed by Ord. 5991. (Ord. 5954, 2021; Ord. 5879 § 1, 2016; Ord. 5694 § 1, 2008. Formerly 7.84.220).
7.84.210 Prohibited camping.
Repealed by Ord. 6049. (Ord. 5916, 2018; Ord. 5903, 2018)
7.84.215 Penalty.2
Any person found violating AMC 7.84.210 shall be guilty of committing a violation punishable by a fine not to exceed $100.00. (Ord. 5916, 2018).
7.84.220 Enhanced law enforcement area.
(1) It is the intent of the City Council to protect discrete areas within the City that are experiencing increased unlawful activity against becoming an attraction for more such activity and to protect the public against health and welfare hazards posed by persons who are attracted to these areas for opportunities to engage in or to contact others to engage in unlawful activity.
(2) The City Council finds that the following geographic areas within the City are particularly affected by unlawful behavior and/or are subject to a disproportionate number of incidents of the unlawful activities comprising persistent violation as defined in AMC 7.84.230, and declares each such area to be an enhanced law enforcement area:
(a) Enhanced Law Enforcement Area. Includes north of Pacific Boulevard at Pine Street continuing to the Willamette River, west to Elm Street continuing south to 11th Avenue, east to Pacific Boulevard continuing along Pacific Boulevard back to Pine Street. The Albany Train Station and the Pacific Boulevard overpass are included in this area as seen in Exhibit A.
(Ord. 5917, 2018; Ord. 5904, 2018)
7.84.230 Persistent violation.
A person commits the crime of persistent violation if:
(1) The person is convicted in the Albany Municipal Court or Linn County Circuit Court for any combination of the following crimes or violations occurring in separate incidents within a six-month period within an enhanced law enforcement area:
(a) Three or more Class A, B, or C felonies or Class A, B, or C misdemeanors;
(b) Two Class A, B, or C felonies or Class A, B, or C misdemeanors plus one or more violations of subsection (1)(c) of this section set forth below;
(c) Three or more violations of any of the following sections or laws:
(i) AMC 9.04.055, Human waste;
(ii) AMC 7.08.050, Unnecessary noise;
(iii) AMC 7.08.040, Consumption or possession of alcoholic beverages in public places;
(iv) ORS 475B.280, Use of marijuana in public place prohibited; or
(d) The person knowingly enters an enhanced law enforcement area in violation of a Municipal Court expulsion order as a term of the person’s probation or a court expulsion order pursuant to AMC 7.84.220. (Ord. 5917, 2018; Ord. 5904, 2018)
7.84.240 Mandatory arrest.
When a peace officer has probable cause to believe that a person has committed the crime of persistent violation, the officer shall arrest and take into custody the alleged violator. (Ord. 5917, 2018; Ord. 5904, 2018)
7.84.250 Misdemeanor classification presumptive penalty.
(1) Persistent violation is a misdemeanor as outlined in Chapter 1.04 AMC.
(2) Unless there is reasonable cause to order otherwise, upon a finding that any offense supporting a conviction for persistent violation occurred within an enhanced law enforcement area, in addition to any other appropriate conditions of probation, the Court shall expel the person from an enhanced law enforcement area defined in AMC 7.84.220(2) for a period not less than three months or more than one year, unless the court finds it necessary to:
(a) Specifically address the remedy for the violation; and/or
(b) Allow the person to travel to and from the person’s place of employment, educational facility, City offices, physical or mental health treatment facility, or other areas that the court deems materially related to the person’s crimes or violations, the needs of the person, or the protection of the public. (Ord. 5917, 2018; Ord. 5904, 2018)
7.84.260 Offensive littering.
(1) A person commits the crime of offensive littering if the person 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 in or upon any public transportation facility; 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 any public way; or
(c) Permitting any rubbish, trash, garbage, debris, or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Commerce Commission or the Department of Transportation or a person operating a school bus described under ORS 801.460.
(2) As used in this section:
(a) “Public transportation facility” means any property, structure, or equipment used for or in connection with the transportation of persons for hire by rail, air, or bus, including any railroad cars, buses, or airplanes used to carry out such transportation.
(b) “Public way” includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks, and all recreational facilities operated by the state, a county, or a local municipality for use by the general public. (Ord. 5973, 2022)
7.84.270 Trespassing.
(1) No person shall enter or remain unlawfully in a motor vehicle or in or upon premises.
(2) No person shall enter or remain unlawfully in or upon premises that have been determined to be dangerous under AMC 18.28.010, Dangerous buildings, structures, and premises or ordered vacated under AMC 8.05.015, Order to vacate.
(a) This section does not apply to the owner of record of the premises if they have been granted permission by the Code Compliance Department to enter in or upon the premises. (Ord. 6005, 2022; Ord. 5974, 2022)
Article II. Improper Use of Transit Shelters
7.84.310 Purpose.
The purpose of this article is to provide for the safety, convenience, and comfort of transit passengers, for safety of City of Albany personnel, for the preservation of service quality in the City’s ability to provide a cost-effective source of reliable transportation, and to prevent transit system security vulnerabilities. Therefore, it is necessary to establish rules and regulations governing conduct on City of Albany property. (Ord. 5835 § 1, 2014).
7.84.320 Definitions.
“Transit shelter” shall mean any and all City-owned or managed bus shelters, train shelters, non-covered bench areas related to bus or train transportation and the train depot. (Ord. 5835 § 1, 2014).
7.84.330 Improper use of transit shelter.
No person shall:
(1) Enter or remain upon, occupy or use a bus shelter for purposes other than boarding, disembarking or waiting for an approved City bus service;
(2) Enter or remain upon, occupy or use the train depot, or adjacent buildings including, but not limited to, interior or exterior seating areas for purposes other than boarding, disembarking or waiting for transit service;
(3) Lie down on or across the seats or the floor of a bus shelter or train depot seating;
(4) Remain in or within 20 feet of a bus shelter or train depot seating for a period in excess of one hour within a 24-hour period; however, a person in possession of a paid or issued train ticket for the date of the alleged violation of this article shall be exempt from this subsection up until the departure time as stated on the ticket or as may be modified by the service operator;
(5) Place any object or substance on the seats of a bus shelter or train depot seating that inhibits the proper use of such seats; or
(6) Block or obstruct the use of the seats or floor area of a bus shelter or train depot seating. (Ord. 5835 § 1, 2014).
7.84.340 Exclusions.
In addition to other measures provided for in violation of this article, any other Albany Municipal Code ordinance, or the laws of the State of Oregon, the City may exclude an individual from any or all transit shelters for a violation of any provision of this section, or a violation of any criminal law of the State of Oregon while in or within 20 feet of a transit shelter for a period not to exceed 180 days. (Ord. 5835 § 1, 2014).
7.84.350 Issuance of exclusion notice.
The Chief of Police is designated as the person in charge of civil exclusion zones for the purpose of issuing exclusion notices in accordance with this article. The Chief of Police may authorize employees of the Albany Police Department to issue exclusion notices in accordance with this article. (Ord. 5835 § 1, 2014).
7.84.360 Procedure for exclusion.
Upon the first violation of this article, a party may be verbally warned of the offense. Upon a second violation within a 12-month period, a person in violation may be excluded from all transit shelters for a period of 90 days. All subsequent violations will carry a 180-day exclusion from the date of the violation.
At the time a person is verbally warned, cited to appear, arrested or otherwise taken into custody for violating any of the offenses specified herein, the officer making such warning, arrest or citation may deliver to that person a written notice excluding that person from any or all transit shelters and the area within 20 feet of the shelter. The exclusion shall take place immediately and apply to all City-owned transit shelters. A violation of a second or subsequent offense of this article may result in a charge of criminal trespass in the second degree (ORS 164.245).
The notice shall specify the area from which the person is excluded, the length of the exclusion, the penalty for entering the excluded area and contain information concerning the right to appeal the exclusion to the Judge of the Municipal Court. (Ord. 5835 § 1, 2014).
7.84.370 Appeal and variance.
(1) The person to whom an exclusion notice is issued shall have the right to appeal the issuance of the notice. The exclusion notice will notify the person of the right to appeal and the process for such appeal.
(a) An appeal of the exclusion must be filed, in writing, within five business days from the date of the issuance of the notice of exclusion. The appeal must be filed with the Municipal Court. A hearing on the appeal shall be held before the Judge of the Albany Municipal Court. The exclusion shall be stayed during the pendency of the appeal.
(b) The City shall have the burden to show by a preponderance of evidence that the exclusion was based upon the conduct proscribed in the citation. Copies of documents in its control and which are intended to be used by the City at the hearing shall be made available to the appellant upon written request prior to the hearing.
(c) A determination by a court having jurisdiction of the matter that the officer who issued the exclusion notice at the time had probable cause to arrest or cite the person to whom the exclusion notice was issued for the conduct described therein shall be prima facie evidence that the exclusion was based on conduct prohibited by those statutes.
(2) An individual with a disability who is transit-dependent shall not be issued a complete exclusion from the transit shelters unless the person engaged in violent, seriously disruptive or criminal conduct, or in conduct posing a serious threat to the safety of others or to the operation of the transit system. Absent such a finding, if the Albany Municipal Court determines that a violation was more probable than not, the Albany Municipal Court shall order a qualified exclusion to permit the person with a disability to use the transit system for trips of necessity, including travel to and from medical and legal appointments, school or training classes, places of employment, obtaining food, clothing and necessary household items, or for accessing any critical services.
Any person asserting the right to a qualified exclusion on the basis of transit dependence shall have the burden of establishing transit dependence by a preponderance of the evidence.
(3) Any variance may be granted at any time during the exclusion period by the Chief of Police, his or her designee or by the Municipal Court.
(4) All variances shall be in writing, for a specific period of time and only to accommodate a specific purpose, all of which shall be stated in the variance.
(5) The person shall keep the variance on his or her person at all times the person is within the area of exclusion.
(6) In the event a person is found to be outside the scope of the terms of the variance, the variance shall immediately become void and that person is subject to arrest for the crime of criminal trespass in the second degree (ORS 164.245) and/or interfering with public transportation (ORS 166.116). (Ord. 5835 § 1, 2014).
Prior legislation: Ords. 2823, 3298, 3603, 4416, 4521, 4527, 4714, 4756, 4858, 4897, 4905, 5026 and 5083.
Code reviser’s note: Ord. 5916 adds this section as 7.84.310. It has been editorially renumbered to avoid duplication of numbering. It also originally referred to persons violating “this chapter,” which has been changed to “AMC 7.84.210” to reflect the intent of the city.