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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 e�-' , �j CITY CLE