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HomeMy WebLinkAbout1989-02-27 89-100 ORDINANCE89-100 Item/Subject Handicapped Parking Ticket Waiver Pee Responsible Department: police Commentary: In its a Gond regular session the 113th Haines Legislatureended Tide 30, Section 215, N. A. S. A.toprovide for a Statewide handicapped parking penalty of "not less than $50." This section also mandates that "timers of private off-street Parking shall arrange for private enforcement fr snailenter lata agreements with local o y law enforcement agencies or the policiag of spaces dedicated for handicampped persons' vehicles ... (Please see attached, affective August 4, 1988.) I¢ response to request fron the Disabled American veterans, I would recommend the amendment of Chapter III, Article 6, Section 10.7 to change the handicapped waiver fee from $25.00 to $50.00. Note: This change will also entail the changing by sticker o reprinting the waiver fee schedule on some 40,000 existing parking tickets. Manager's Comments: 7io"D � Ma_e A- y 0. � eVeAaw.� p 6eQt�aaea a. rar�+Mn n"�' a�e^w�i.+Wr^�i4ntG'a,u� rvaru oad D,, at."eg.r Assoeatee mrprmatmn: o.er;..n.n, , Budget Approval: N. "I'll le Legal Approval: Gty Snlios" FrQSr a-Cny/A%6- Item No. _ Page_ ai_ 89-100 Assigned to Councilor Blanchette, February 27, 1989 _ CITY OF BANGOR (TITLE.) (Orbits[ e, Handicapped Park Ticket w ... Fef....... ...... Beit ordained by the ctv Cou nZ of the Cty offanyor. us fo .- Chapter III, Article 6, Section 10.7 be amended as follows Any person accused of a violation for unauthorized parking area may voluntarily waive his/her right to appear and defend before any court the charge made against him/her for any such illegal parking by paying to the City the m of lwenly-five-de}}aes-{$25-ggt fifty dollars ($50.00) within thirty (30) days of the time such alleged offense was committed. IN CITY COUNCIL February 27, 1989 Tabled until next meeting. �.. O✓CIyC I CL] In City Council March 27,1989 Passed 89-100 ORDINANCE TI11E I Handicapped Parking Ticket Waiver Fee Vcda Eight Yes 1 Absent Alnent Councilor Saxl wiling yes Blanche,stoneglana,Ean,Tillhutpit, sosreua,stone, Stllivan,Tilley f c Ch. II1:Art. 6 89-100 Sec. 2(2.6) - (2.13) continuous period exceeding 24 hours. Airy officer of the Bangor Police Department is hereby authorized to remove and tae away, or have removed and towed away W any commercial towing service, --any- — vehicle parked in violation of this Subsection, and to hmie said vehicle placed in a suitable place, all at the expense of the Owner of such vehicle. 1-12.9 Parking Limited to 30 Minutes - Schedule XI. To stop, stand or park vehicle for more than 30 minutes between the hours of 9:00 A.M. and 5:00 P.N. except O Saturdays, Sundays aid Holidays when such parking may be permitted, on three streets or portions of streets described or specified i Schedule XI, and which are duly narked or Posted, when designated by the City manager and approved by order of the City Council. Said Schedule shall be maintained by the City Clerk and available far public inspection at any reasonable beer. 2.10 Parking for Handicapped - Schedule XIi. To stop, stand or park any vehicle not displaying a valid handicapped license plate or placard issued under 29 M.R.S A. 252, or a similar plate issued by another State on those streets r portof streets, o n those portions of parking as duly posted aid r which are described o specified in Schedule XII, and have been so designatedby the City Manager and approved by order of the City Council. Said Schedule shall be maintained by the City Clerk and available for public inspection at any reasonable hour. Parking areas designated under Schedule XII will also be subject to the applicable provisions of Chapter III, Article 6 as to the time and matter of parking and fees charged by the City of Banger. "12.11 Parking for Police Vehicles Only - Schedule rill. TO stop, stand or park any vehicle Other than a icipally-owned Police vehicle on those streets or r portions o streets. o e n those portions o£ parking areas duly Posted and which are described or specified in Schedule XIII, and has been so designated by the City Manager and approved by Order of the City Council. Said Schedule shall be maintained by the City Clerk and available for public inspection at any reasonable hour. 2.12 Parking for School Busses Only - Schedule XIV. To step, stand or Park any vehicle other than school bus on theme streets or Portions 0£ streets Or In these por- tions if parking areas duly posted and which are described or specified n Schedule XIV and has been so designated by the City manager and approved by Order of the City Council. Said Schedule shall be main- tained by the City Clerk and available for public inspection at any reasonable hour. """12.13 packing for Mental Vehicles - Schedule Xv. To stop, etas or park any vehicle other than a vehicle belonging to a rental car agency having a place of business at Bangor International Airport on those streets or Portions of streets o those Portions of parking area located at said Airport duly postedn and which are described orspecified in Schedule XV and has nd "Ameed November 13, 1985 - Effective November 23, 1985 - C.O. 85-375 "EseCted May 9 1983 - Effective My 19 1983 - C.O. 83-174 •""Amended August 22 1983 - Effective September 1, 1983 - C.O, 82-283 '-** Emoted September 26 1983 - Effective October 6,1983 - C.O. 83-322 89-100 Ch. III: Art. 6 Sec. 6(6.3) - Sec. 10(10.2) 6.3 Violations. It shall be unlawful and in violation of this Section for any person to: 6.3.1 Cause. allow, permit or suffer any vehicle registered in the name of. or operated by such person. to be parked within any established off- set permit parking area within the City unless a permit for such purposes has been issued to such person as provided herein. 6.3.2 Cause. allow, permit or suffer any vehicle registered In the n of. operated by such person, to be parked within any established off- street permit parking area within the City in violation of the terms and conditions of any permit issued as provided herein. Sae. I Marking Off of Parking Spaces, The City Manager Is hereby authorized and directed to denigrate and mark off individual parking spaces along streets and in off-street public parking areas, as he deems necessary. Sec. 8 Free Parking Spaces Provided. Nothing 1n this Article shall be construed as prohibiting the City of Bangor from providing free parking spaces for taxicab stands. Sec. 9 Prima Earle Evidence. In accordance with 30 M.R.S.A. 42151 the fact that a vehicle Is In a scented perking space when [M1e time Signal on[M1e parking meter for such space indicates no parking permitted without the deposit of a coin or coins shall be prima facie evidence that said vehicle has been parked in said parking space longer than the lawfully permitted period. In addition. the fact that a vehicle is unlawfully parked shall be privy facie evidence of the unlawful parking of such vehicle by the person In whose name such vehicle is registered. *Sec. 10.1 Waiving Court nearing for Violation. Any person accused of a violation of any portion of this Article relating to overtime parking o Illegal occupancy of two perking spar may voluntarily valve his or her right [ appear and defend before any Court or judicial tribunal the charge made against him or her for such illegal parking by paying to the municipality the sum of five dollars ($5.00) within the following twenty-seven (27) days of the time such alleged offense was committed. **10.2 Any person accused of a violation of this article which prohibits parking In a duly marked or pasted no Parking area, double parking, parking near a fire hydrant, parking on a public way or other public land for a acinous period exceeding 24 flours, parking so o interfere with snow removal or Flowing, or parking on a sidewalk or esplanade, may voluntarily waive his or her right to appear and defend before any court or judicial tribunal the charge made against him or her for Such illegal parking by paying o the municipality the sum of Ten ($10.00) Dollars within thirty (30) days of the time such alleged offense was committed. *Amended June 0, 1987 - Effective July 1, 1987 - C.O. 87-192 **Amended November 14, 1983 - Effective November 24, 1983 - C.O. 83-360 89-100 Ch. 1111 Art. 6 - $ad.'10(10.3) 'Sec.,o2 y .. }. ****Sec. 10.3 Any person accused of a violation of any portion of this di --which prohibits parking in Off-street, c_0 ¢l parking Ar s-wlthoysq.,.,.,,;;,,. G paying,fe 1 accordance with Embeds le XyIII,.illegal night parkingy' q parking on the wrong aide of the street, or parking so as to hinder ingress and egress to and from a driveway, may voluntarily waive his r her right to appear and defend before any curt or judicial tribunal - the charge made against him or her for such Illegal parking by paying o the municipality the sum of Ten (§10.00) Dollars within thirty (30) days of the time such alleged offense was tommfired. *Sec. 10.4 a,. *Sec. 10.5 Any parses sed of a violation for unauthorized parking in a permit parking area may voluntarily waive his or her right to appear and defend before any court the charge made against him or her for any such illegal parking by paying to the City the sum of Five ($5.00) Dollars within thirty (30) days of the time such alleged offense was committed. My per used of a violation of any portion of this Article other than those violations specified in subsections 10.1, 10.2, 10.3 and 10.6, above, may voluntarily waive his or her right to appearand defend. before any Court or judicial tribunal the charge made against him or her for such . illegal parking by paying to the municipality the sun of Ten ($10.00) Dollars within thirty (30) days of the time such alleged offense was committed. "Bar. 10.6 Members of the Police Department are hereby authorised to refrain from instituting prosecution for the alleged offense for a period of thirty (30) days from the time such alleged offense was committed. "*Sec. 10.7 Any person accused of a violation for unauthorized parking in a designated handicapped parking am" may voluntarily waive his/her right to appear and defend beforeany court the charge made against him/her for any such illegal parking by paying to the City the sum of twenty-five dollars ($25.00) within thirty (30) days of the time such alleged offense was committed. Sec. 11 Repeal. Article 6 of Chapter III of the Ordinances of the City of Bangor, formerly existing, is hereby repealed except that said Article 6 shall main in full force and effect for the trial and punishment of all past violations of It and for recovery of penalities and forfeitures already incurred. Sec. 12 Penalties. Any person, firm or corporation who shall violate any provision Of this Article shall, upon conviction thereof and in addition to any. other remedies provided herein, be subject to a fine of not less than Ten ($10.00) Dollars not more than Due Mundred ($100.00) Dollars. Every day that a violation continues shall be deemed a separate offense. *Amended June 8, 1987 - Effective July 1, 1987 - C.O. 07-192 **Amended November 14, 1983 - Effective November 24, 1983 - C.O. 83-360 **Mmanded July P), 1907 - Effective August 6. 199Tm C.C. 87-260 N1'' Amended January 25, 1988 - Effective February 4, 1988 - C.O. 88-65 NEPCE EP ILLEGAL MXRIE POLICE E[PARTMENR BANNER, MAINE ON TIC �W�amF roams ntaLW d�emiMw ymc nuex Yge:ami mw wammw ascan v�•i� wnlreaaavmay.ve� .wr enkc� w 89-100 M ill"Mllln.......................................ISN W9YP14'Pd lle: Ple_._... ... ..-.... ... . #Y NwAll M1ulm............. ... ... ... ... ...... ._... ...... Ifs M1MnIIMRW./NYML ,. pp WIIIMhIDe..4XyY16wW W IIIA wwmY MSIW .. Pel RIW411YIMIINtl ., Pel ... oil NWMIln4mx NYIMpBu111M11 .. Pumi p M4-fln pn.... ... .................................. $541 m ... ......... q ieal lmgnYmwhTYI .....................1. Ilea MIYa...ne l............ O11 Hill, -..... _............. IIIM ... mvs�ma�ww.°f