Loading...
HomeMy WebLinkAbout2013-08-26 13-290 ORDINANCECOUNCIL ACTION Item No. 13-290 Date: August 26, 2013 Item/Subject: ORDINANCE, Amending Chapter 291, Vehicle and Traffic, of the Code of the City of Bangor, By Adopting the State Disabled Parking Restriction Responsible Department: Police Commentary: If approved, this Ordinance amendment would replace the City's current disability parking ordinance with an ordinance modeled after the state statute. As the practice of the Police Department is currently to charge offenders under the state law instead of the City ordinance, the same behavior will remain prohibited. The City, however, will begin to receive the funds from these fines, rather than that money accruing to the state. Manager's Comments: Associated Information: Budget Approval: Department Head rillasiv:!rim mus.City Manager Finance Director Legal Approval: City Solicitor Introduced for Passage x First Reading x Referral to the Government Operations Committee on September 4, 2013 13-290 AUGUST 26, 2013 v Assigned to Councilor Longo C+ I GITY OF BANGOR ORDINANCE, Amending Chapter 291, Vehicle and Traffic, of the Code of the City of Bangor, By Adopting the State Disabled Parldng Restriction WHEREAS, the City ordinance regarding parking for persons with disabilities currently differs from State law in several respects; WHEREAS, adopting the State provision in place of the current City ordinance would simplify the City's enforcement responsibilities and reduce potential conflict or confusion between the two laws; 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 be amended as follows: § 291-40. Parking prohibited except for designated uses. It shall be unlawful and in violation of this article for any person: ;_ ; NOR persons with disabilities - To nark in a parking space im- and clearly B.Parking for persons with disabilities - To nark in a parking space designated and clearly marked for persons with physical disabilities if that person has not been issued or is not transporting a person who has been issued a disability registration plate or a removable windshield placard pursuant 29-A M.R.S. § 521 or § 523 or a disability registration plate or placard issued by another state. A person Is also in violation of this article if that person narks in an access aisle, regardless of whether the person has been issued a disability registration plate or removable placard. A person is also in violation of this article if he or she Is a registered owner of a vehicle at the time that vehicle is involved in a violation of this subsection 291-40(B). Except as provided in 29-A M.R.S. § 521(9-0)(D), it is not a defense to a violation of this subsection that a registered owner was not oneratina the vehicle at the time of the violation. Additions are underlined deletions struck through. IN CITY COUNCIL August 26, 2013 First Reading and Referral to Government Operations Committee Meeting Of September 4, 2013 ITY CL IN CITY COUNCIL September 9, 2013 Motion made and seconded for Passage Vote: 9-0 Councilors Voting Yes:- Baldacci, Blanchette, Civiello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Councilors Voting No: None Pasdedl y, -