Albany, OR Homelessness & Encampment Rules: Sit-Lie Rules (2026)
Key Facts
- Lying down
- Barred on seats or floor of bus shelter or train depot seating
- Time limit
- One hour within a 24-hour period in or within 20 feet
- Ticket exemption
- Train ticket holders exempt until departure time on the ticket
- Second violation in 12 months
- 90-day exclusion from all transit shelters
- Later violations
- 180-day exclusion
- Appeal deadline
- Five business days, to Albany Municipal Court
Summary
In the City of Albany, Oregon, Albany Municipal Code § 7.84.330 bars lying down on the seats or floor of a bus shelter or train depot seating, and bars remaining in or within 20 feet of that seating for more than one hour in a 24-hour period. Repeat violators face exclusion from City transit shelters for 90 or 180 days.
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; ... (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.
Full Breakdown
In the City of Albany, Oregon, the rule that comes closest to a sit-lie ordinance sits in Article II of Chapter 7.84, titled Improper Use of Transit Shelters. Section 7.84.310 states the purpose: the safety, convenience, and comfort of transit passengers, the safety of City of Albany personnel, and the preservation of service quality. Section 7.84.320 defines a transit shelter as any City-owned or managed bus shelter, train shelter, non-covered bench area related to bus or train transportation, and the train depot.
Section 7.84.330 lists six prohibitions. A person cannot use a bus shelter or the train depot area for anything other than boarding, disembarking or waiting for transit service, cannot lie down on or across the seats or the floor, cannot remain in or within 20 feet of the seating for more than one hour within a 24-hour period, cannot place objects on the seats that inhibit their proper use, and cannot block or obstruct the seats or floor area. A person holding a paid or issued train ticket for that date is exempt from the one-hour limit until the departure time stated on the ticket.
Enforcement runs through exclusion rather than a printed fine. Under § 7.84.340 the City can exclude a person from any or all transit shelters for up to 180 days. The Chief of Police issues exclusion notices and can authorize Albany Police Department employees to issue them (§ 7.84.350). Under § 7.84.360 a first violation can draw a verbal warning, a second violation within a 12-month period can bring a 90-day exclusion, and every later violation carries a 180-day exclusion. A second or subsequent offense can also be charged as criminal trespass in the second degree under ORS 164.245.
A person who receives a notice has five business days to appeal in writing to the Albany Municipal Court, and the exclusion is stayed while the appeal is pending (§ 7.84.370). The City carries the burden of proof by a preponderance of the evidence. A transit-dependent person with a disability cannot receive a complete exclusion unless the conduct was violent, seriously disruptive or criminal. Away from transit property, the rule that reaches people on sidewalks is the obstruction ban in § 7.68.010, which targets blocking pedestrian or vehicular traffic.
Violations & Fines
Article II of Chapter 7.84 prints no fine schedule, so the exclusion ladder in § 7.84.360 is the direct consequence: verbal warning, then 90 days, then 180 days. A second or later offense can be charged as criminal trespass in the second degree (ORS 164.245). A person found outside the terms of a written variance loses it immediately and is subject to arrest for that crime and for interfering with public transportation (ORS 166.116). The general penalty chapter caps a civil violation at $1,000 and a misdemeanor at a $2,500 fine or up to one year in jail, or both (§ 1.04.010).
Frequently Asked Questions
Can I lie down on a bench at an Albany bus shelter?
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Sources & Official References
Other rules in Albany
Compare Albany to another location·View the Oregon homelessness & encampment rules overview
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