[Added 9-2-1995]
The purpose of this article is to improve the enforcement of
the City parking ordinances; to improve vehicular circulation and
relieve congestion; and to discourage habitual violators.
[Amended 11-5-2001]
As used in this article, the following terms shall have the
meanings indicated:
A device consisting of metal clamps or jaws and a padlocking
device, which, when attached to the wheel of a motor vehicle, results
in immobilization.
Notice of violation of any City parking ordinance for which
the owner of the offending vehicle has finally been determined to
be in violation by reason of default or otherwise, and the resultant
fine or waiver fee established pursuant to 30-A M.R.S.A. § 3009
has not been paid.[1]
[1]
Editor's Note: Original Sec. 31-166(c), Delinquency notice,
which immediately followed this definition, was repealed 1-6-2020
by Ord. No. 2020-1.
[Amended 3-1-2004; 1-6-2020 by Ord. No. 2020-1]
Any vehicle which accumulates three or more outstanding parking
tickets after the effective date of this article, for which there
has been neither payment or waiver of fees nor issuance of court process,
shall be subject to the following:
A.
If it is located upon any public way or any way to which the public
has free access within the City, any police officer shall have the
option of immobilizing it in place or of removing and storing the
vehicle pursuant to the towing provisions of this chapter. The registered
owner shall be responsible for paying all towing, storage and release
fees.
B.
Any police officer may issue a civil summons to the registered owner
of such vehicle upon verifying unpaid parking fines. The adjudication
of the violation shall be for the full amount of all unpaid fines,
together with the amount set forth in state statute and costs of court.
[Amended 1-6-2020 by Ord.
No. 2020-1]
Upon receipt of a parking violation ticket, the owner has 10
days to arrange for a court date or pay the waiver fee as stated on
the ticket. The owner shall have reasonable opportunity, during the
notice period, to question or contest that order with the Chief of
Police.
[Amended 11-5-2001; 3-1-2004; 1-6-2020 by Ord. No. 2020-1; at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
If an offending vehicle, after the third unpaid parking ticket
and past the notice period, is found in violation of the City parking
ordinance, the offending vehicle may thereafter be immediately immobilized
or towed. As an alternative to booting or towing the vehicle, the
registered owner may be issued a civil summons for outstanding parking
tickets. If a boot is placed on the vehicle, it shall constitute notice
to the owner that such vehicle has been immobilized pursuant to this
article. A notice shall be placed in a conspicuous manner on such
vehicle sufficient to warn any individual that such vehicle has been
immobilized by the Police Department; that any attempt to move such
vehicle is unlawful and may result in damage thereto; and shall state
the requirements for release as herein set forth. The police officer
requesting the towing of a vehicle under this article shall notify
the dispatcher of the location of removal, which shall be recorded
for the use of the Chief of Police and Finance Director. If a booted
vehicle has not been released within 48 hours after immobilization,
it may be towed to a storage area, and the owner shall be liable for
the additional costs of towing and storage. When a vehicle is towed
pursuant to this section, notice of the removal shall be sent by the
Police Department to the vehicle owner by first class mail within
72 hours whenever possible, indicating the place of storage, the reason
for impoundment, and the conditions for release. No notice is required
when the owner contacts the Department within 72 hours of removal.
Any police officer or towing company having custody of a vehicle
pursuant to the provisions of this article shall not release it until
the individual requesting its release presents satisfactory evidence
of his right to possession and signs a receipt therefor and:
A.
The Finance Director or Chief of Police certifies that the waiver
fees for all outstanding parking tickets after date of adoption of
this article have been paid as well as all charges for the removal
of the vehicle boot and/or the costs of towing and storage, as established
by ordinance; or
B.
The Finance Director certifies that a bond has been posted equal
to the amount of the waiver fees for all outstanding traffic tickets
which should have been remitted and the other charges set forth hereinabove;
or
C.
The Chief of Police certifies that such person has both demonstrated
that he is unable to pay the accumulated waiver fees by reason of
poverty, having provided satisfactory proof of such status, and has
accepted service of process initiating a court proceeding to determine
his liability for the alleged parking violations, and such person
pays all the booting and/or towing and storage charges.
[Amended 11-5-2001]
Whenever any person requests the right to post bond pursuant to § 310-101B, such bond shall be given in cash and a receipt given therefor. Such bond money shall be refunded in the amount of the waiver fee for each alleged parking violation upon acceptance by that person of service of process initiating a court proceeding to determine his liability for the prescribed penalty for such alleged violations. Any bond shall be forfeited unless the person posting it requests and accepts service of process from the Chief of Police within 30 days of posting, unless prevented from doing so by actions or inaction of the City.
[Amended 11-5-2001]
Whenever any person obtains a determination from a court of
competent jurisdiction that the vehicle was not parked in violation
of this chapter at the time it was immobilized or impounded pursuant
to this article, such person shall be reimbursed for the charges of
immobilization and/or for towing and storage costs if paid, and if
such charges have not been paid they shall be paid or cancelled promptly
by the City.
Its shall be unlawful for any person to tamper with or attempt to remove any immobilizing device attached to a vehicle, or to attempt to transport such booted vehicle without authorization of the Chief of Police, or to obstruct or attempt to prevent the removal of a vehicle as provided in this article. Such violation shall be subject to the general penalty set forth in § 1-8 of this Code.
