Chapter 13.21 REGULATIONS FOR MOTOR VEHICLE PARKING

Chapter 13.21
REGULATIONS FOR MOTOR VEHICLE PARKING

Sections:

13.21.010 Definitions.

13.21.020 Improper parking methods.

13.21.030 Prohibited parking areas.

13.21.040 Parking time limited in certain areas.

13.21.050 Parking in violation of signs.

13.21.060 Designation of parking spaces and signs.

13.21.070 Public parking lots.

13.21.080 Use of loading zone.

13.21.090 Use of passenger loading zone.

13.21.100 Restricted use of bus and taxicab stands.

13.21.110 Barricade of parking spaces.

13.21.112 Central Albany parking area.

13.21.115 Downtown parking area.

13.21.120 Exemption.

13.21.130 Enforcement responsibility.

13.21.140 Responsibility of owner for parking violations.

13.21.150 Penalties for parking violations.

13.21.155 Methods of charging parking violations – General.

13.21.160 Methods of charging parking violations – Downtown parking area.

13.21.170 Forfeiture.

13.21.180 Plea of defendant.

13.21.190 Powers of court upon “no contest” plea.

13.21.200 Effect of forfeiture deposit not accompanied by answer.

13.21.210 Procedure for adjudication of civil penalty.

13.21.220 Failure to appear and answer parking citations.

13.21.230 Failure to pay civil penalty.

13.21.010 Definitions.

For the purpose of this chapter:

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

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

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

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

(5) “Traffic control device” means any sign, signal, marking or device placed, operated, or erected for the purpose of guiding, directing, warning or regulating traffic.

(6) “Vehicle” means any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks. (Ord. 6014 § 1, 2023; Ord. 4702 § 2, 1986).

13.21.020 Improper parking methods.

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

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

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

13.21.030 Prohibited parking areas.

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

(1) When in an intersection;

(2) On a crosswalk;

(3) Within 10 feet of a fire hydrant;

(4) In front of a private driveway;

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

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

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

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

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

(10) In any alley, except to load or unload persons or materials not to exceed 15 consecutive minutes in any 1 hour. A vehicle may park in any alley between the hours of 8:00 a.m. and 5:00 p.m. if it is actively needed to make installation or repairs to equipment or buildings or for building construction, provided the vehicles will not cause the alley to be blocked to other traffic;

(11) Upon any parkway except where specifically authorized;

(12) Upon any street, alley, public parking lot, or parking strip in the city with any vehicle or combination of vehicles which are in excess of 23 feet in length or in excess of 8 feet in width between the hours of 10:00 p.m. and 7:00 a.m. of the following day and all day on Saturday, Sunday, and holidays.

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

(a) Displaying such vehicle for sale;

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

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

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

(14) A vehicle upon any marked bicycle pathway;

(15) At any place where traffic control devices prohibit stopping, unless exempt through the Oregon Revised Statutes. (Ord. 6014 § 1, 2023; Ord. 5026 § 1, 1993; Ord. 4702 § 2, 1986).

13.21.040 Parking time limited in certain areas.

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

13.21.050 Parking in violation of signs.

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

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

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

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

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

13.21.060 Designation of parking spaces and signs.

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

13.21.070 Public parking lots.

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

13.21.080 Use of loading zone.

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

13.21.090 Use of passenger loading zone.

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

13.21.100 Restricted use of bus and taxicab stands.

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

13.21.110 Barricade of parking spaces.

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

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

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

13.21.112 Central Albany parking area.

(1) It is unlawful for any vehicle to park on the public streets, listed below, without a valid Central Albany parking area permit.

(a) Area.

(i) 11th Avenue SE, west of Jackson Street SE to Montgomery Street SE.

(ii) Montgomery Street SE, west of 11th Avenue SE to 13th Avenue SE.

(iii) 13th Avenue SE, west of Jackson Street SE to Industrial Way SW.

(iv) Howard Drive SE, north of 13th Avenue SE to dead end.

(v) Industrial Way SW, south of 13th Avenue SE to Queen Avenue SW.

(vi) Ninth Avenue SE, east of Jackson Street SE to Route 99E.

(vii) Jackson Street SE, south of Pacific overpass to railroad crossing.

(2) Enforcement.

(a) Any enforcement actions described in this section shall be in line with or in addition to other sections of this chapter.

(b) Upon first offense of the Central Albany parking area a parking citation, as laid out in AMC 13.21.155, shall be issued.

(i) If the operator of the vehicle is contacted upon issuance of the parking citation, the vehicle shall be removed immediately from the Central Albany parking area.

(ii) If the operator of the vehicle is not contacted upon issuance of the parking citation, the vehicle shall be removed from the Central Albany parking area within 24 hours.

(iii) If the vehicle is not removed within the time allotted, the vehicle shall be towed pursuant to subsection (5) of this section.

(c) Upon any additional violation of the Central Albany parking area by any vehicle, the vehicle shall be towed pursuant to subsection (5) of this section.

(3) Permits.

(a) All Central Albany parking area permits shall be the sole property of the City of Albany.

(b) Upon initial implementation of the Central Albany parking area, each business shall be given one parking permit per employee working at the local office, free of charge. Each business will also be given, free of charge, visitor parking permits equal to 15 percent of their employee permits. If the final number is uneven, the number shall be rounded up to the next number.

(i) Any additionally needed parking permits, employee or visitor, shall be obtained at the cost of $5 per permit.

(ii) The number of employee parking permits shall not exceed the number of employees on the payroll.

(iii) The number of visitor parking permits shall not exceed 30 percent of the number of employees on the payroll.

(iv) Additional permit requests shall be made through the Albany police records division.

(v) All permits shall be the sole property of the City of Albany and may be revoked for any misuse.

(c) Locations with addresses in the Central Albany parking area may apply to the Albany Police Department for a group parking permit exemption during special events or construction. These exemptions may be removed for any misuse.

(4) Records.

(a) It shall be the responsibility of each business to keep a record of permit issuance. These records shall include:

(i) Employee name.

(ii) Permit number issued.

(b) It shall be the responsibility of the business to retrieve any permits issued when an employee no longer works for them.

(i) In cases of an employee refusing to return a permit, said permit shall be filed as stolen with the Albany Police Department.

(c) It shall be the responsibility of the business to report any lost or stolen permits to the Albany Police Department. This report shall be made as soon as possible and within reason.

(i) Replacement of lost or stolen permits shall cost $5.

(5) Towing.

(a) Upon discovering a vehicle in violation of the Central Albany parking area code, the Chief of Police or their designee may immediately cause the vehicle to be towed and impounded.

(b) The owner of the vehicle shall be responsible for all costs of towing and storing the vehicle.

(6) Towing and Storage Liens.

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

(b) If the vehicle is taken into custody under the provisions of this chapter and held by the City rather than by a private garage, the vehicle and its contents shall be disposed of in the manner provided in ORS 819.210 to 819.260. (Ord. 5978, 2022; Ord. 5950, 2020; Ord. 5941, 2020; Ord. 5938, 2020).

13.21.115 Downtown parking area.

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

Beginning at the Willamette River and Montgomery Street, then South to the Northeast Intersection of Montgomery Street and Water Street proceeding South to the Northeast corner of First Avenue and Montgomery Street, heading East to the Northeast corner of First Avenue and Railroad Street, then South along Railroad Street to the Southeast corner of Second Avenue and Railroad Street, then West to the Southeast corner of Second Avenue and Montgomery Street, proceeding South to the Southeast corner of Fourth Avenue and Montgomery Street, then West to the Southwest corner of Fourth Avenue and Baker Street, then South to the Southwest corner of Fifth Avenue and Baker Street, then West to the Southeast corner of Fifth Avenue and Lyon Street, then South to the Southeast corner of Ninth Avenue and Lyon Street, then West on Ninth Street to

the Southwest corner of Ninth Avenue and Ellsworth Street then North on Ellsworth Street to the Southwest corner of Sixth Avenue and Ellsworth Street, then West on Sixth Avenue to the Southwest corner of Sixth Avenue and Ferry Street, then North on Ferry Street to the Southwest corner of Fifth Avenue and Ferry Street, then West to the Southwest corner of Fifth Avenue and Washington Street, then North on Washington Street to the Southwest corner of Fourth Avenue and Washington Street, then West to the Southwest corner of Fourth Avenue and Calapooia Street, then North on Calapooia to the Willamette River, then along the Willamette River East to the point of beginning.

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

(3) (a) Except as provided in subsections (3)(b) and (c) of this section, no person shall, at an area designated for limited time parking or for customer parking:

(i) Cause, allow, suffer or permit any motor vehicle owned, operated or controlled by that person to be parked in violation of a sign limiting parking beyond the limitations applicable to customer-only parking as provided in subsection (3)(a)(iv) of this section.

(ii) Cause, allow, suffer or permit any motor vehicle owned, operated or controlled by that person to be parked in a manner which occupies more than one designated parking space.

(iii) Cause, allow, suffer or permit any motor vehicle owned, operated or controlled by that person to be parked in a city-owned parking space leased by the Albany Downtown Association or Parkwise to someone other than the violator.

(iv) Cause, allow, suffer or permit any motor vehicle owned, operated or controlled by that person to be parked longer than the time designated for customer-only parking.

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

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

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

(b) The information required by subsection (4)(a) shall be sworn to and submitted on January 1st, April 1st, July 1st and October 1st of each year or upon request of the management entity in a manner prescribed and on forms provided by the entity managing the downtown street parking. (Ord. 5706 § 1, 2008; Ord. 5326 § 1, 1997; Ord. 5156 § 3, 1994).

13.21.120 Exemption.

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

13.21.130 Enforcement responsibility.

The Chief of Police and police officers employed by the City shall have the responsibility for the enforcement of the provisions of this chapter. In addition, other persons or corporations including, but not limited to, individuals employed by the Albany Downtown Association or Parkwise to perform parking enforcement duties shall have authority and responsibility to enforce the parking regulations set forth at AMC 13.21.115. Both police officers, having general enforcement authority, and person or corporations contracted to manage parking within the downtown area as noted above shall be considered issuing officers for the purposes of ORS 221.333. (Ord. 5706 § 2, 2008; Ord. 5156 § 1, 1994; Ord. 5026 § 1, 1993; Ord. 4702 § 2, 1986).

13.21.140 Responsibility of owner for parking violations.

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

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

(3) In any prosecution of a vehicle owner charged with a violation of AMC 13.21.115, it shall be an affirmative defense if the violator establishes that, at the time the vehicle is parked in a customer-only area, the offender was a customer, patron, or guest of a business, office, or resident owning or occupying property within the downtown parking area. (Ord. 5706 § 3, 2008; Ord. 5026 § 1, 1993; Ord. 4951 § 1, 1991; Ord. 4702 § 2, 1986).

13.21.150 Penalties for parking violations.

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

13.21.155 Methods of charging parking violations – General.

(1) Whenever any officer having enforcement responsibility as provided in AMC 13.21.130 shall have reasonable cause to believe that a vehicle is parked in violation of any of the provisions of AMC 13.21.010 through 13.21.120, excluding AMC 13.21.115, he/she shall issue a citation in conformance with ORS 221.340, and file the original thereof with the Municipal Court Clerk or such other person as the Clerk may designate to receive such citations.

(a) Before an appearance in front of the Albany Municipal Court Judge, any person charged with a violation of AMC 13.21.010 through 13.21.120 may, without personal appearance before the Albany Municipal Court Judge, make a forfeiture deposit in the amount shown on the citation charging such offense, which amount shall be set by City Council resolution. (Ord. 5905, 2018).

13.21.160 Methods of charging parking violations – Downtown parking area.

(a) The citation shall cite the violator to appear before a board of parking reconciliation which shall be established by the Albany Downtown Association or Parkwise to provide initial adjudication and resolution of parking violations. The Board of Parking Reconciliation is authorized to compromise and settle parking violations with the person charged with a violation upon such terms as the Board deems just. If the forfeiture is not paid pursuant to the schedule and amount set forth herein or if the penalty determined by the Board of Parking Reconciliation is not paid, as prescribed by the Board, the enforcement officer who initiated the original citation shall cause a citation to be filed with the Albany Municipal Court and delivered to the defendant by first-class mail, postage prepaid, addressed to the defendant at his/her address as shown by the records then maintained by the Oregon Department of Motor Vehicles. The parking citation shall conform to the requirements in this section. The penalty established by the forfeiture schedule set forth herein or the Board of Parking Reconciliation, whichever is greater, shall be noted on the parking citation.

(b) In order to file a parking citation with the Albany Municipal Court, the original thereof shall be filed with the Municipal Court Clerk or such other person the Clerk may designate to receive such citations. The citation shall be in conformance with the requirements of ORS 222.333.

(c) Before midnight on the tenth day following the date of the alleged violation, any person charged with a violation of AMC 13.21.115(3)(a)(i) through (iii) may, without personal appearance before the Board of Parking Reconciliation, make a forfeiture deposit in the amount shown on the citation charging such offense, which amount shall be $35.00. Thereafter, the forfeiture amount shall increase to $40.00 if paid before midnight on the thirtieth day following the alleged violation. If not paid by such date, the forfeiture amount shall increase to $70.00.

(d) Before midnight on the tenth day following the date of the alleged violation, any person charged with a violation of AMC 13.21.115(3)(a)(iv) may, without personal appearance before the Board of Parking Reconciliation, make a forfeiture deposit in the amount shown on the citation charging such offense, which amount shall be $15.00. Thereafter, the forfeiture amount shall increase to $20.00 if paid before midnight on the thirtieth day following the alleged violation. If not paid by such date, the forfeiture amount shall increase to $30.00. (Ord. 5905, 2018; Ord. 5884 §§ 1, 2, 2016; Ord. 5706 § 4, 2008; Ord. 5026 § 1, 1993; Ord. 4951 § 1, 1991; Ord. 4702 § 2, 1986).

13.21.170 Forfeiture.

(1) Before midnight on the fourteenth day following the date of the alleged violation, any person charged with a violation of AMC 13.21.010 through 13.21.120, excluding AMC 13.21.115, may, without personal appearance before the Municipal Judge, make a forfeiture deposit in the amount shown on the citation charging such offense, which amount shall be set by City Council resolution.

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

(3) After the period set forth in subsection (2) of this section the forfeiture deposit shall be increased as set by City Council resolution and sent to collections.

(4) The Municipal Judge may, in the exercise of his/her discretion and where he/she deems cause to exist therefor in a particular case, remit all or any portion of the forfeiture set forth in this section, or require any additional sum he/she deems necessary up to the maximum civil penalty prescribed in AMC 13.21.150. (Ord. 5905, 2018; Ord. 5706 § 5, 2008; Ord. 5026 § 1, 1993; Ord. 4951 § 1, 1991; Ord. 4796, 1987; Ord. 4752 § 2, 1987; Ord. 4702 § 2, 1986).

13.21.180 Plea of defendant.

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

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

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

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

13.21.190 Powers of court upon “no contest” plea.

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

13.21.200 Effect of forfeiture deposit not accompanied by answer.

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

13.21.210 Procedure for adjudication of civil penalty.

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

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

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

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

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

13.21.220 Failure to appear and answer parking citations.

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

13.21.230 Failure to pay civil penalty.

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