Chapter 13.22
TRAFFIC CONGESTED THOROUGHFARES

Sections:

13.22.010    Traffic congested thoroughfares.

13.22.020    Traffic congested thoroughfare defined.

13.22.030    Declaration of traffic congested street.

13.22.040    Posting of signs.

13.22.050    Signs.

13.22.060    Acts prohibited.

13.22.070    Penalty.

13.22.080    Notice of towing for subsequent violations.

13.22.090    Towing and impoundment.

13.22.100    Exemptions.

13.22.010 Traffic congested thoroughfares.

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

13.22.020 Traffic congested thoroughfare defined.

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

13.22.030 Declaration of traffic congested street.

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

13.22.040 Posting of signs.

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

13.22.050 Signs.

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

13.22.060 Acts prohibited.

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

13.22.070 Penalty.

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

13.22.080 Notice of towing for subsequent violations.

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

NOTICE

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

_____________________________ Name of Officer

(Ord. 4838 § 1, 1988).

13.22.090 Towing and impoundment.

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

13.22.100 Exemptions.

AMC Sections 13.22.010 through 13.22.090 shall not apply to:

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

(2) Any vehicle licensed for public transportation.

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