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HomeMy WebLinkAbout2000-01-24 00-86 ORDINANCECOUNCIL Item No 00-66 Dale: 1-24-00 Item/Subject: Amending Chapter 291, adopting Article VIII, Cruising Responsible Department: Police Department Commentary: This amendment creates Chapter 291, Article VIII, an ordinance prohibiting cruising in certain areas of Bangor. The Police Department has noted that it is the practice of a certain group of people to drive repeated "loops" around the downtown, usually from early evening until the early hours of the morning. These "loopers" cruise the downtown for amusement and without a destination. This ordinance restricts vehicles from passing the same traffic control point within a specified area three times within a two-hour period in artier to address the secondary effects of cruising, e.g.., excess traffic, noise, pollution, and loitering. Department Head Manager's Comments: This proposal has been discussed on several occasions with both me Municipal Operations Committee and various groups and individuals with an interest in our downtown. As our downtown continues to develop, particularly as a residential area, we will continue to encounter issues of raise and disruption. This Ordinance is another tool m allow us m address these concerns. 0,/ Iltf/md.0�n,9.cem+fu.nd.a ca.�-�.ta x.Q, AYI11Noe COIRUCT7W k*S Gry Manager $EEN moot /iNU TFj£ Rldf/dDfO UPAS/Ont Sllaa.D B2 SABSP1hTZD Associated Information: Ordinance / FjTAwDCO 0R.O/N4NCf,_ Budget Approval: Finance Director Legal Approval: assa„A Cdy Solicitor Introduced for Passage X Fiat Reading page_of_ • Referral to Municipal Operations Felauary ], 2000 A ODED00-86 CITY OF BANGOR (TITLE.) Ordinance, to Amend the Code of the City of Bangor by Adding Chapter 291, Article VIII, Cruising. Be K MWW by the 6%y of ds fagotm-- THAT the Code of the City of Bangor be Amevdedby Adding Chapter 291, Article VIII, Cruising, an follows: CHAPTER 291 ARTICLE Wit- CRUIS]NG §291-66. Cruising Prohibited. No person shall drive or pern it a motor vehicle ander fiat person's care, custody, or control to be driven past a tmffic-covtrol point three (3) times within a two-hour period in or around a posted "no cruising" area between the hours of 7:00 P.M. and 5:00 A.M. §291-67. Posting of No Causing Area A. every "no craising" area shall be posted with signs to provide notice of the prohibition which shall ante the following: "No Cruising. No person shall drive or permit a motor vehicle ander that person's me, custody, or central to be driven past a traffic -control point thea (3) times within atwo-hour period in this areabetween the hours of 7:00 P.M. and 5:00 A.M." B. A vaBic-control point as used in this section means a reference point selected by apolice officer within or adjacent to a designated "no cruising" area for the purpose of detemdning cruising. C. No area shall be designated or posted as a "no cruising" sees except following each a designation upon order ofthe Chief ofPolice. § 291-68. Lkemptions. The following shall be exempted from the provisions of this section: A. Any pubhcly owned vehicle of any city, county, state or federal, or any governmental unit, while the vehicle is being operated for the official purpcses of the govemmental and; B. Any authorized emergency vehicle; C. Any taxicabs for hire, public transit buses, livery, or other vehicles being operated for business Purposes. § 291-69. Penalties. A. Whoever violates any of tint provisions of this section shall be punished by a maximum fine of One Hundretil Fulham ($100.00) for dai first offense; a maximum fine of Three Hundred Dollars (5300.00) for a second offense; and a maximum fine of Five Hundred Dollars ($500.00) for each and every off a thereafter. In any pence in which the City prevails, it shall he emitted to attorneys' fres and all costs ofprowcution. B. Subsection (f) notwithstanding, prior to citing the owner or operator of a vehicle for a violation of this section, the police department may give a written notice to the person operating the vehicle in violation of this section a the tlme of the violation informing that person of the use of the vehicle in violation of this section. Fl�y"',y.;,easa¢ooa to Comcddor Roman k. CITY OF BANGOR Jmmr9 24. 2000 (TITLE.) Ordinance, to Amend the Code of the City of Bangor by Adding Chapter 291, Article VIII, Cruising. Be R adalned by the Cffiy of fiatrgwe w hrNolef- THAT the Code of the (Sty of Bangor be Amended by Adding Chapter 291, Article VIH, Cruising, as follows: CHAPTER 291 ARTICLEW1 CRUISING § 291-66. Causing Prohibited. No person shall drive or permit a motor vehicle under that person's care, custody, or cannot to be driven past a uat5c-canum point three (3) times within a two-hour period in or =and a posted "no cruising" area between the hours of 9:00 P.M. au 2:00 A.M. § 291-67. Posting of No Coising Area. A. Every "no cruising" area shall be posted with signs to provide notice of the prohibition which shell more the following: "No Cruising. No person shall drive or permit a motor vehicle under that person a care, custody, or central to be driven past a traffic -control point three (3) times within a two-hour period in this area between the hours of 7:00 P.M. and 5:00 A.M." B. A traffic -control point as used in this sawn means a reference point selected by a police officer within or adjacent to a designated "no cruising" area for the purpose of determining cruising. C. No arca shall be designated or posmd asa musing" sing" area except following such a designation upon order of the Chief of Police. §291-68. fxempfions. - The following shall be exempted from the provisions of this section: A. Any publicly owned vehicle of any city, county, state or federal, or any governmental unit while the vehicle is being operated for the official purposes of the governmental unit B. Any authorized emergency vehicle; C. Any taxicabs for hive, public transit buses, livery, or other vehicles being opereted for business purposes.. § 291-69. Penalties. A. Whoever violates any of the provisions of this section shall be punished by a maximum fine of One Hundred Dollars ($100.00) for the first offense; a maximum fine of Three HuMred Dollars ($300.00) for a second offense; and a maximum fine of Five Hundred Dollars ($50D.00) for each and every off a thereafter. In my action in which the City prevails, it shall be entitled to attorneys' fees and all costs of Prosecution - IF Subsection (f) notwithstanding prior to citing the owner or operator of a vehicle for a violation of this section, the police department rosy give a written notice to the person operating the vehicle in violation of Us section at the time of the violation informing that person of the use of the vehicle in violation of this section. IN CIR COUNCIL January 26. 2000 First Heading Ne£er[ed to Hwicipal Operatiaoa Committee City IN CITY COBNCM February 16, 2000 Notion for Passage Made and Seconded Motion to amend by Subatitution Made and Seconded Motive to Pass as Amended by Substitution Made and Seconded Vote: 0 yea. 1.10 I no councilors Voting yea. Aube. Baldacci. Blanchette. Crowley. Parnham. Palmer. BOMsn. and Parana councilor voting no: Tremble Passed ns Amended by Substitution mmH :08:86 ORDINANCE 7RIe, Pa caused the Code of the City of Saeger by Adding Chapter 291. _. I_ . •. Article VIII. Cruising Assigned to ��(� � ,a SPO ODundIM