HomeMy WebLinkAbout2019-09-09 19-362 ORDINANCETitle, Ordinance
19-362 09/09/2019
CITY COUNCIL ACTION
Council Meeting Date: September 09, 2019
Item No: 19-362
Responsible Dept: Community & Economic Development
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 291, Vehicles and Traffic, Section 291-43, by Changing the Impoundment by
Immobilization Fee and By Removing the Requirement to Provide Evidence of Right to Possession
Summary
This ordinance amendment would amend the fee for impounding vehicles of individuals with multiple unpaid
parking tickets, and move the fee to the City's Schedule of Fees. In order to allow the City to use a remote -
release parking boot, the amendment would also remove a requirement that a person provide evidence the
vehicle is theirs before the boot is removed.
Republic Parking, the City's parking management company, has suggested moving parking enforcement to a
self -releasing boot as opposed to towing. If a citizen with multiple unpaid parking tickets finds themselves with
one of these self -releasing boots on their car, they can call a 24/7 call center and pay what they owe. The
offender would then receive a code from the operator to unlock the boot. The offender would have to return
the boot to the City in order to avoid a larger charge for the cost of the boot.
There is no up -front cost for the City; Republic Parking would purchase the boots using Republic Parking
funds. Part of the impoundment fee would go towards repaying the cost of the boot. The fee to be charged
will be included in a separate Council Order amending the Schedule of Fees.
Committee Action
Committee: Business and Economic Development
Action:
Staff Comments & Approvals
Meeting Date: September 3, 2019
For:
Against:
City Manager City Solicitor Finance Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: September 09, 2019
Assigned to Councilor: Schaefer
19-362 09/09/2019
ORDINANCE, Amending Chapter 291, Vehicles and Traffic, Section 291-43, by Changing the Impoundment
by Immobilization Fee and By Removing the Requirement to Provide Evidence of Right to Possession
WHEREAS, at present, the City practice when dealing with parking scofflaws is to tow the offending vehicle;
and
WHEREAS, the City wishes to move towards a method involving immobilization that is less intrusive; and
WHEREAS, an immobilization fee will help offset the costs of the boot and help pay for support staff at a call
center to deal with offenders; and
WHEREAS, at present, City ordinance requires that any person having custody of a motor vehicle impounded
pursuant to the ordinance show satisfactory evidence of his or her right to possession of said vehicle; and
WHEREAS, this requirement is unnecessary and impractical in the case of immobilization, as removing an
immobilization device will simply put a vehicle back in the same situation as it was before the boot was
applied, and it would be a challenge to show such evidence over the phone;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 291 of the Code of the City of Bangor is amended as follows:
§ 291-43 Violations and Penalties.
D. Impoundment
(2) Impoundment for failure to pay parking tickets. Any vehicle which has accumulated three or more notices
of violation of any parking ordinance or regulation therein of the ordinances of the City of Bangor for which
there has been neither payment of waiver fees nor issuance of court process and which is then parked upon
the public way or in a public parking lot at any time may, at the option of Parking Enforcement as defined in
Subsection E below, be immobilized in place or may be removed and stored until all waiver fees established
pursuant to this article for all of such outstanding notices of violations, and also the impoundment, storage
and other charges authorized under this article, have been paid. If impoundment by immobilization is utilized,
a charge for such impoundment e€ $25 in the amount or amounts described in the City's Schedule of Fees in
accordance with Chapter 109 of this Code shall be charged and paid prior to such release.
19-362 09/09/2019
(5) Release of vehicles. Any person having custody of a motor vehicle impounded pursuant to this article or of
the means to release such immobilized vehicle shall not release it until
pFeseRtatiyes eeFtif, t all waiver fees and all other charges provided for in this article have been
paid, including all costs of impoundment, towing, notices and storage, or until the Finance Director or his
or her duly authorized representative shall have certified the posting of a bond equal to the total
outstanding waiver fees which should have been remitted for said overdue notices of violation and other
charges as set forth in this subsection. In addition, no vehicle removed and stored shall be released until
the individual requesting its release presents satisfactory evidence of his or her right to possession of the
vehicle.
Additions are underlined, deletions strtrel( thr-eugr.
IN CITY COUNCIL
SEPTEMBER 9,2019
Cord 19-362
FIRST READING
C MERV
SEPTEMBER 23,2019
COrd 19-362
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: DAVITT, GRAHAM, SCHAEFER, SPRAGUE, SUPICA,TREMBLE,WESTON,NICHOLS
COUNCILORS VOTING NO: NONE
PASSED
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CITY CLE