HomeMy WebLinkAbout2007-04-09 07-140 ORDINANCEDate: 41-09-07 Item No,
07 140
Item/Subject: ordinance, Amending Chapter 291, Vehicles and Traffic, Mticle Ill, Pending, §§ 29140
and 291-45, to Increase the Are for Illegally Parking In a Deabiliy, Parking Space.
Responsible Department: Police
Last year, the State of Maine Increased the fine far Illegal parking in handicap parldng spaces from $100 far
a first offense to $200. The State also changed the terminology, from "handicap" parldng to "disability'
parking. The purpose of this amendment is to update the Citys padding regulations to conform to the
State's terminology and fine structure.
Department Head
MDaa�nagees Co��rnmen�l1ts11: .� 1 •' ..L2a�yAnwr�,
I-ssd�'I e-Q�P C40' mal YMmrrO TMY.-�ia.pr�+°�r soeuaJ�
4'a�ar/sr✓r City Manager
Associated Information:
Finance Director
City Solicitor
_ Passage
x First Reading Page _ of
-.A- Referral to Gon ammerR Operatlons, 410-09 ® 5 p.m.
07 140
Assigned to aa,ocilor Allen April 9. 2007
CITY OF BANGOR
(TITLE.) Ordinance, Amending Chapter 291, Vehicles and Traffic, Article III, Parking, §§ 291-
40 and 29315, to Increase the Fine for Illegally Parking In a Disability
Parking Space.
Be It oidainedbY the 0[yoffiangm, asIbIloeia;
Section 1: That Chapter 291, Article III, § 291-49, be amended m follows:
§ 291-40. Parking prohibited except for designated uses.
It stall be unlawful and in violation of this article for any person:
A. [unchanged]
B. Parking far haa9iEmpe9 person I with disabilities- Schedule VI. To stop, stand or park any
vehicle not displaying a valid Mod capped digalbildYlicense plate or placard Issued under 29-A
M.R.S.A. §§ 521 and 523 or a similar plate issued by another state an those streets or portions
of parking areas duly posted and which are described or specified! in Schedule W. Parking
areas designated under Schedule VI shall also be subject to the time and manner of parking
and fees as may be established under this chapter from time m time.
GG. [unchanged]
Section 2: That Chapter 291, Article III, § 291-45, be amended as folloem:
§ 29145. Waiving court homing for violation; fees.
Any person accused of a violation of any portion of this article may voluntarily waive his or her right to
appear and defend before any court the charge made against him or her far such Illegal parking by
paying to the municpality line sum shown in Subsections A through F of this section within 30 days
following the date such alleged offense was committed. If the waiver fee is not paid within said 30
days and a hearing has not been scheduled before a court, the waiver fee will automatically double.
For purposes of this section, payment will be considered made on the date of the postmark for
payment received through the United States Mail.
A.{, [unchanged]
D. The waiver fee for any person accused of a violation relating to handiaaaped disability narking
shall be"$;;QQ I paid within 30 days of the alleged offense and $M$400 thereafter. For
any second or subsequent violation by the same person within a six-month period, the waiver
fee sill he $25B $500' Ise el wilelim 39 dine of me a' aged Rife m g P
E. -H. [unchaned]
Apn119, 2007
To: Honorable Council Chair and Members of the City Council
Fr: Edward A. Barrett
Su: Disability Parking Tickets
The following information is presented in response to several questions raised M the
Municipal Operations Committee meeting where the ordinance Increasing the fines for
disability parking violations was discussed.
This ordinance change was initiated as a result of a change in State law which increased
the fine for a violation a disability parking regulations from $100 to $200. While many
jurisdictions have not adopted a local ordinance regulating disability parking, the City of
Bangor has tion so. Our offims have the option of citing violators either under State
law or City ordinance. Normally, Violators are cited under City ordinance since the fines
generated from such citations come to the City. Fres for violations under state law
would go to the State. With the State increase, we believe it is appropriate for us W
increase our local fines to be consistent with State law.
In 2006, we issued approdmately 245 handicapped parking violations. These include
violations Nat occurred on public property or nghtrof-ways as well as those issued in
private lots. All of these citations were written under the City ordinance. Tonal fires
were in the $10,000 (after ticket: subsequently voided with proof of handicapped
status). Of this, $3,300 remains outstanding and has gone to collection. Assuming
approximately $7,000 in fines actually collected, this ordinance change should Increase
actual fines collected to approximately $14,000 per year.
We would recommend that this ordinance be adopted to bring our fine structure into
line with thM of the State.
%� N PRIM
IN CITY MUNCIL
April 9, 2007
first Acadian and Deferred
= or operations
IN CITY Co09CI1
April 23, 3007
Notion Made and Seconded for
Passage
gotten Made and seconded to
Arend by Substitution
To Make the fine §150.00
Nation Doubted
Vote: 3-5
Cowcilars Voting Yes: Allen
and Palmer
Councilors Voting No: ➢'Mrrico,
Farrington, troops, Havas
and Stone
Councilors Absent: Blanchette
and G�}telck
Pass{H
(IInaJ
and Traffic, Article III, Parkiag.
the Pine For Illegally Parking in a