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Home My WebLink About1981-12-14 82-41 ORDINANCE83-41 Introduced by Councilor Mc%ernanu December 14, 1981 CITY OF BANGOR (TITLE.) (ffirbiUM CPa Amanafng Chapc r III, Article 6 of the Ordinancea of _._. _ th City of Bango Ingoundment of Motor Vehicles Lk it ordained by the City Cox til of the COS of]Sangor, are folloma: THAT the provisions of Chapter III, Article 6 of the Ordinances of the City of, Bangor be emended by adding a new Section 13, as follows: Sec. 13 Impoundment c£ Motor Vehicles for Failure to Fav Parking Tickets. 13.1 Purpose. This ordinance is snorted as an enforcement procedure for promotion and protection of the public peace, safety and welfare, and the safeguarding of property, and shall be used generally for the pre- vention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic infractions, and for the protection of the public rights in the use of city streets, thoroughfares, parking areas andparking lots. 13.2 Aoplicab'ilLty. Any vehicle, which haeacslwulated three (3) or sure 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 n of court pro and which is than park" in violation of any such provision, may, at the option of any City of Bangor Police Officer or other City employee authorized to enforce maid parking ordinance or regulation be immobilized in place or cozy be removed anved and stored until all waiver fees established pursuant to Chapter III, Article 6, Ordinances of the City of Bangor, for all of such outstanding notices of solations and also the impoundment, storage and other chargee authorized under this ordinance have been paid. If impoundment by inmobllization is utilized, a charge for such impoundment of A shall be charged and paid prior to such release. 13.3 Procedure. As earn as a vehicle has been removed and stored or immsobilized in place under this ordinance, the Police officer or other municipal employee taking such action shall so notify the Police Department dispatcher. Such information shall be recorded by the dispatcher for the use of the Chief of Police, the Pivnce Director, or their authorized representatives. Irt addition, the Chief of Police shall notify by registered mail the registered owner of such vehicle within five (5) business days of the impoundment or immobilization thereof. Said notice shall state the location of such vehicle and the requirements for release as set forth in this ordinance. 13.4 Release of Vehicles. Any person having custody of e motor vehicle impounded purnsrut to this ordinance of the names to release such immobilized vehicle, shall not release it until the individual requesting its release presents satisfactory evidence of his or her right to possess ion and signs a receipt therefor. In addition, said vehicle shall not be released until the Finance Director, the Chief of Police, or their duly authorized representatives, certify that all waiver fees and all other charges provided for in this ordinance have been paid, including all costa of impoundment, towing, notices and storage or until the Finance Director, or his duly authorized representatives, shall have certified the posting of a bond equal to the total outstanding waiver fees which should have been emitted for said overdue notices of violation and other Charges as set forth in this subsection. 13.5 Bond. Whenever any person requests the right to post bond pursuant to this ordinance, such bond shall be given in cash and receipt given therefor. Such band money shall be refunded in the amount of the waiver fee for each alleged violation of this ordinance upona cepta a by such person of service of process initiating a courtproceeding to determine his or her liability for the described penalty or such Alleged violation. Any bond shall be forfeited unless the person posting it requests and accepts service of such process from the Chief of police or his or her designated representative within thirty (30) days of Posting unless prevented from doingso by actions or inactions of the City of Bangor, 13.6 Refund of Impoundment Charges. whenever any person obtains determination from a court of competent jurisdiction that the vehicle was hot perked in violation of this ordinance:;At the time it was impounded pur- suant to this ordinance, such person shall be reimbursed for the charges for immobilization, or for towing and storage pursuant to this ordinance If paid, aM if such chargee have not been paid they shall be promptly paid or cancelled by the City. 13.7 Violations. It shall be a violation of this ordinance for any person to tamper with or attempt to remove any immobilizing device attached to a vehicle or to extract o attempt to prevent the removal of any vehicle as provided herein. The penalty for any suchviolationsball be not less than $50.00 nor more than $1,000.00. MEMDRANDaM December 22, 1981 To: Bangor City Council FROM: Robert E. Miller, City Solicitor RE: Council Ordinance 82-61 At the last meeting of the Public Safety Committee held on Tuesday, - December 22, 1981, the proposed ccafflaw ordinance for the City was approved subject to three minor technical amendments. name amendments will be proposed at the neat, Council meeting. In Subsection 13.1 the term "public ways" should be added to maks the last two lines read as follows: in the use of city streets, thoroughfares, public areas, parking lots, and public ways. It , In Subsection 13.2 a blank was left for the amount of the impoundment charge. The staff has recommended -a $10 fee and the Committee has gone along with that recommendation. For your information, the City of Portland is currently charging $20 for such actions. Throughout the ordinance we make reference to the Chief of Police, the Finance Director, 'ar their duly authorized representatives." For clarification purposes, it was recommended that the provisions of subparagraph 13.3 be amended to indicate that notices be sent out by the Chief of Police or his authorized representative. Please call me if you have any Ruestiooc. R.E.M. to cc. thief Woodhead City Manager R2_41 In City Council. December 14.1981 ORDINANCE Refered to PuDlie fki'6ty Committee - lfCneider next meeting ( TITLE,) Amandinm Chapter III Art 6 of the (rdimeness a the 81ty of Banger Impoundment a Notm, Veohialas ml�:r IN CITY CO@pIL December 28, 1981 Amended in beeaie13.1 "pathic wit l wast" shouldd be added to lake the lest two linea read as follows; n the of city streets, lots,thoroand puae public areas, perking lots, and ptibl£C ways." lling amended n blank spetian 13.3 10 filling i the blank apeae when "510.00li Amended i Subs"their" au 13.1 the 7thepr line by deleting aiding" aathorutho representatives and adding "his" authorized representatives. deleted in Subsection 11.4, hn line by deleting Pu the ward Passednas and adding the ore wing yes Passed a Councimendedlors by. the following see and n dates9 aewrcnlxt Voting yes/ Weymouth, Cess, Jordan, MCRermn, Porter', Soucy, Weymavtd, Willey and Zendzian. OLinance passed as snagged. Dyputy City Clerk