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Albany, OR Public Conduct: Loitering Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Core rule
No obstructing pedestrian or vehicular traffic on any sidewalk or street
Dispersal order
Unlawful to fail or refuse to disperse on a police officer's lawful order
General loitering section
§ 7.08.030 listed as repealed by Ord. 5779
Juvenile loitering
§ 7.12.060, premises with obscene material, unaccompanied juveniles
Curfew age
Children under 18, Chapter 7.44
Misdemeanor maximum
$2,500 fine or up to one year, or both

Summary

In the City of Albany, Oregon, Albany Municipal Code § 7.68.010 bars obstructing pedestrian or vehicular traffic on any sidewalk or street and bars refusing to disperse when a police officer lawfully orders it. The code lists its general loitering section, § 7.08.030, as repealed, and adds separate juvenile loitering and curfew rules.

(1) No person shall, except as otherwise permitted by ordinance, obstruct, cause to be obstructed, or assist in obstructing pedestrian or vehicular traffic on any sidewalk or street. (2) No person or persons shall fail or refuse to disperse when lawfully ordered to do so by any police officer.

Full Breakdown

Albany's Chapter 7.68 is titled Obstruction of Passageways, and § 7.68.010 is the ordinance that covers people gathering in the public way in the City of Albany, Oregon. Subsection (1) bars any person from obstructing, causing to be obstructed, or assisting in obstructing pedestrian or vehicular traffic on any sidewalk or street, except as otherwise permitted by ordinance. Subsection (2) makes it unlawful to fail or refuse to disperse when lawfully ordered to do so by any police officer. The section does not use the word loitering. The code lists § 7.08.030, Loitering, as repealed by Ord. 5779, so the obstruction and dispersal language is the rule that applies to adults standing in the public way.

The rest of § 7.68.010 covers related sidewalk conduct. Delivery of merchandise or equipment is carved out, but nobody can leave it on a street or sidewalk for storage or display without a permit (3). Selling, storing, or displaying merchandise or equipment on a street or sidewalk needs a special event permit or road closure permit (4). Depositing earth or other debris is barred (5). A structure on or over a public street or sidewalk needs an encroachment, special event, or road closure permit (6). A cellar door or grate in a sidewalk cannot stay open except while the entrance is in use, and then only with safeguards for pedestrians (7).

Juveniles face separate rules. Section 7.12.060 makes it unlawful for a juvenile not accompanied by a parent or lawful guardian to enter or loiter in premises where obscene material is sold or displayed, where an obscene performance is exhibited, or where the signs required by § 7.12.061 are posted. Chapter 7.44 bars a child under 18 from any street, alley, park, or other public place during the curfew hours unless accompanied by a parent, guardian, or a companion aged 21 or more chosen by the parent, or going to or from work, night school, or school activities. Section 7.44.110 sets the hours at 10:30 p.m. Sunday through Thursday, and midnight on Friday and Saturday, running to 5:30 a.m. the next morning. Under § 7.44.120 an officer takes a minor to the police station and notifies the parent or guardian.

Violations & Fines

Section 7.68.010 prints no penalty of its own. Under § 1.04.010(1)(c), an offense with no stated penalty is deemed a misdemeanor, and § 1.04.010(1)(b) sets misdemeanor punishment at a fine of not more than $2,500 or imprisonment not to exceed one year, or both. A violation classification carries a civil penalty of not more than $1,000. Each day, or portion of a day, that a violation continues is a separate offense (§ 1.04.010(1)(d)). Willful failure to appear on a summons is itself a misdemeanor under § 1.05.030.

Frequently Asked Questions

Does Albany, Oregon have a loitering ordinance?
The code lists § 7.08.030, Loitering, as repealed by Ord. 5779. What remains is § 7.68.010, which bars obstructing pedestrian or vehicular traffic on any sidewalk or street and refusing to disperse when lawfully ordered by a police officer, plus a juvenile loitering rule in § 7.12.060.
What happens if a police officer orders me to disperse in Albany?
Section 7.68.010(2) makes it unlawful to fail or refuse to disperse when lawfully ordered to do so by any police officer. The section prints no penalty, so § 1.04.010(1)(c) deems it a misdemeanor, with a maximum fine of $2,500 or imprisonment not to exceed one year, or both.
Can a business display goods on an Albany sidewalk?
Not without a permit. Section 7.68.010(4) bars using any street or sidewalk to sell, store, or display merchandise or equipment except as allowed by a special event permit or road closure permit. Deliveries are carved out of the section, but delivered goods cannot stay on the sidewalk for storage or display except by permit.
What is Albany's curfew for minors?
Under § 7.44.110, a parent cannot allow a person under 18 to be on a street, alley, park, or public place between 10:30 p.m. Sunday through Thursday and 5:30 a.m., or between midnight on Friday and Saturday and 5:30 a.m., unless accompanied by a parent, guardian, or other lawful escort.

Sources & Official References

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