Chapter 1.04
GENERAL PENALTY

Sections:

1.04.010    Penalty for violation.

1.04.020    Procedure for the prosecution of certain misdemeanors as infractions.

1.04.030    Repealed.

1.04.010 Penalty for violation.

(1) Except as provided in subsection (2) of this section:

(a) Whenever in this code or in any ordinance of the City of Albany, an act is prohibited or is made or declared to be unlawful or an offense, or the doing of an act is required or the failure to do an act is declared to be unlawful or an offense, the violation of any such provision of the Albany Municipal Code or any other ordinance of the City of Albany shall be either a misdemeanor or an infraction, and shall be punished as provided in this section.

(b) Maximum penalties for offenses shall be as follows:

(i) Infraction – a civil penalty of $500.00, or such lesser sum as may be provided in the ordinance defining the offense.

(ii) Misdemeanor – a fine of not more than $2,500 or imprisonment not to exceed one year, or both such fine or imprisonment.

(iii) Violations of AMC Title 18 shall have the penalties prescribed therein.

(c) Where an offense is defined in the Albany Municipal Code or any other ordinance of the City of Albany, and no penalty is provided, the offense shall be deemed a misdemeanor.

(d) Every day, or portion thereof, during which any violation of any provision of the Albany Municipal Code or any ordinance of the City of Albany is committed, continued or permitted, shall be a separate offense.

(e) An infraction, as classified in the Albany Municipal Code, is declared to be an offense, but not a crime. It is intended to be an offense which can be disposed of in all respects as a civil proceeding and not governed by procedural, evidentiary, substantive and constitutional rules applicable to criminal charges and proceedings. A person adjudged responsible for an infraction shall not be deemed “guilty” of the infraction and a judgment of responsibility shall not be deemed a “conviction” for any purpose.

(f) Notwithstanding anything in this section or any other ordinance to the contrary, no greater penalty shall be imposed for any violation of the Albany Municipal Code or any ordinance of the City of Albany than the maximum penalty prescribed under Oregon Statute for the same act or omission.

(g) For the purpose of facilitating disposition of infractions, the Municipal Judge may promulgate a schedule of forfeitures for particular infractions, and the person charged with such an infraction may deposit with the court the amount so scheduled, waive further appearance, and have the sum so deposited forfeited as a plea of “no contest.” The court shall not, however, be bound by the schedule on appearance and admission by the person charged, or on trial and judgment against the person charged; the court in such a case may impose any forfeiture allowed by subdivision (a) of this subsection.

(2)  Violation of Chapters 10.08 through 10.12 AMC shall be adjudicated and punished as provided in AMC 10.12.060, Enforcement, and 10.12.070, Penalties. (Ord. 5647 § 1 (Exh. D), 2006; Ord. 4901 § 1, 1990; Ord. 4812 § 1, 1988; Ord. 4579 § 1, 1983; Ord. 3462 § 1, 1970).

1.04.020 Procedure for the prosecution of certain misdemeanors as infractions.

(1) Upon or before the appearance of the defendant upon any Albany Municipal Code charge before the court receives the defendant’s plea, the City Attorney, or his/her designee, shall declare, in open court or in writing, the intention whether or not to treat the offense in the case as a violation subject to the infraction penalty and procedures set forth in this code. The case shall proceed as violation, subject to the infraction penalty and procedures, unless the City Attorney affirmatively states, in open court or in writing, that the case shall proceed as a misdemeanor. If the case proceeds as a violation, the accusatory instrument shall be deemed amended to denominate the offense as an infraction and the offense, for purposes of the case, shall thereafter be treated as an infraction, subject to the penalty provided in AMC 1.04.010. If the City Attorney, or his/her designee, declares an intention to treat the offense as a misdemeanor, the offense in the case shall thereafter continue to be treated as a crime. If the offense is denominated an infraction pursuant to this subsection, the court shall, when it enters judgment in the case, clearly denominate the offense as an infraction in the judgment order.

(2) Conviction of an infraction does not give rise to any disability or legal disadvantage based upon conviction of a crime. (Ord. 5141 § 7, 1994; Ord. 4907 § 1, 1990).

1.04.030 Misdemeanors which may be prosecuted and punished as infractions. Repealed by Ord. 5141. (Ord. 5096 § 3, 1993; Ord. 4998 § 2, 1992; Ord. 4923 § 1, 1990; Ord. 4907 § 2, 1990).