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HomeMy WebLinkAbout1993-01-25 93-116 ORDINANCECOUNCIL ACTION Item No. 93-116 Date January 25, 1993 Item/Subject: Amending Chapter III, Article 5 of the Ordinances of Vehicle Turning and Traffic Movement Responsible Department: Legal At the Municipal Operations Committee's discussion of C.O. #93-91 (designating a portion of Parkview Avenue as a one way street(, a number of residents indicated that the primary traffic problem in the area concerned consists of thrill seekers who "jump" their cars off a sharp creat at the top of Parkview hill. This practice poses a hazard to other traffic and to area residents. The practice also poses an enforcement problem for the City's Police Department, because it is often difficult to prove the identity of the operator_ of a °jumped" vehicle if the vehicle is not immediately stopped by our police. The attached ordinance amendment would address both problems by making it a civil violation to 'Jump- a vehicle on a City street. The word 'jump" as used in the attached amendment has nothing to (cont'd on next page) &A a Department Rea Manager's Comments: p Associated Information: Ordinance Finance Director Leqal Approv-la„l: ]ti, m y,g/ ye'o;ro .rt RM)rmmlivI V"iI) l�✓ na� �93ea(. 1 City Solicitor Passage X First Reading Referral Page 1 of 3 93-116 Amending Chapter iii, Article 5 - Vehicle Turning (cont'd) do with jump-starts of stalled vehicles, but instead refers to vehicles whose operators voluntarily cause them to lose contact with the street surface. Under this amendment, civil penalties of up to $2,500 per violation would be imposed in addition to any criminal penalties that might accrue for driving to endanger o reckless driving under the State criminal and motor vehicle codes. The chief advantage in creating a separate civil violation lies in prosecution of the conduct concerned. To convict a driver of a civil violation, a lower standard of proof is required, and the defendant may be called to the witness stand by the City and must respond to the questions about the alleged offense. In a misdemeanor prosecution under the State statutes, a defendant cannot be compelled to testify and the case must be proved beyond a reasonable doubt. In addition, fines imposed for violation of City ordinances accrue to the City, rather than the State. 93-116 A iwmd to Councilor Blanchette January 25, 1993 CITY OF BANGOR Amending Chapter 111, Article 5 of the (TITLE.) (OrlbiUMM, I ...... ....... ....... .I ............. ............ Ordinances -- Vehicle Turning and Traffic Movement Be it ordained by Me City Count of the CHy ofBmper. a "Ome: THAT Chapter I11, Article 5 of the Laws and Ordinances of the City of Bangor is hereby amended by the addition of a new Section 25, as follows: - Sec. 25 IN CITY COUNCIL 1 danauty 25. 1993 Received lat reading - Referred to Appropriate = 1TT BBI( IN CITY COUNCIL February 8, 1993 Passed by the fallowing yes and no Votes. Councilors voting yes: Blanchette, Bragg, Cohen, Frankel, Saul, Shubert, Soucy. Stone and SuLIT1n.- _ CITY4jLERB 93-116 ORDINANCE 1 TITLE.) Amending Chapter III, Article 5 of the Ordinances - Vehicle Turning and Traffic Movement 45 1