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(.
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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