City of Bangor, ME Article III Parking

[Amended in its entirety 7-23-2018 by Ord. No. 18-276]

§ 291-37 General provisions.

A. Parking map. Parking in the City of Bangor shall be regulated as shown on a map entitled "Parking Map of the City of Bangor" (hereinafter the "Parking Map") as may be amended by Council order. This Parking Map shall be maintained by the City Engineering Department and is made a part hereof.[1]

[1] Editor's Note: The Parking Map is on file in the City offices.

B. Downtown Parking Management District. There shall be a Downtown Parking Management District, which shall be indicated as such on the Parking Map.

C. Method of parking. Except when necessary in obedience to traffic regulations, traffic signs or signals or at the specific direction of a law enforcement officer, it shall be unlawful and a violation of this article for any person:

(1) Positioning of vehicle. To stop, stand or park a vehicle in a roadway other than parallel to the edge of the roadway, headed in the direction of traffic and with the curbside wheels of the vehicle within six inches of the edge of the roadway, except upon those streets which have been marked or signed for angle parking.

(2) Parking vehicles unattended. To allow a vehicle to stand on a street unattended without first setting the brakes thereon and stopping the motor of said vehicle and, when standing upon a perceptible grade, without turning the front wheels of such vehicle to the curb or to the side of the street or highway.

D. Emergency vehicles excepted. Police, fire, public and private ambulance and rescue vehicles, when responding to a call or actually providing firefighting, emergency or rescue services, shall be exempt from the provisions of this Article III.

E. Signs. Except as otherwise provided by this chapter, the City Manager or their designee is hereby authorized and directed to cause signs to be placed, installed or removed at on-street and off-street public parking locations owned, leased or operated by the City of Bangor or leased by the City to private parking lot operators.

F. Temporary closure. The Chief of Police or their designee may, in order to provide for the safety and convenience of the public, including but not limited to when construction, maintenance, parades, or other events are scheduled:

(1) Temporarily close a way to vehicular traffic and parking or to vehicles of a certain description or divert pedestrian or vehicular traffic.

(2) Temporarily prohibit parking in certain on-street or off-street parking spaces or areas.

§ 291-38 Parking prohibited at all times.

It shall be unlawful and in violation of this article for any person:

A. No parking areas. To stop, stand or park a vehicle on the streets or portions of streets duly marked or posted and which are shown as "prohibited" on the Parking Map.

B. Downtown Parking Management District. To stop, stand or park a vehicle anywhere within the Downtown Parking Management District except in parking spaces or areas duly marked or posted and which are shown on the Parking Map. Commercial vehicles may be permitted to double park for up to 15 minutes while loading or unloading goods on Main Street, Exchange Street, Harlow Street and Central Street in the Downtown Development District, provided that said vehicles shall not double park under the following conditions:

(1) When a designated loading space is located within the same block.

(2) Adjacent to any diagonal parking space causing a blockage.

(3) Opposite any vehicle which is double parked on the other side of the street or in such a way as to block the passage of two lanes of traffic or any emergency vehicle. Any vehicle parking in the street under the provisions of this subsection which does not provide at least 18 feet of clearance between it and any parked vehicle or obstruction in the travel way shall be deemed in violation of this section.

C. Intersections. To stop or stand a vehicle in a roadway within 30 feet of any intersection unless otherwise allowed by City ordinance.

D. Fire hydrants. To stop, stand or park any vehicle, either occupied or not, for 24 feet along the sideline of any traveled way centered on a fire hydrant.

E. Sidewalks and esplanades. To stop, stand or park a vehicle on any portion or part of a public sidewalk or esplanade, except for temporary overflow parking at the Municipal Golf Course on the esplanade between Webster Avenue and the existing parking lot and on designated portions of the golf course property located south of Webster Avenue and west of the Bangor Hydro Substation.

F. Driveways.

(1) To stop, stand or park a vehicle on a street within 10 feet of the point where the center line of a driveway meets the paved portion of a street.

(2) To stop, stand or park a vehicle so as to interfere with or hinder the ingress or egress to or from a driveway. A vehicle in violation of this § 291-38F(2) may, at the option of any City of Bangor police officer or other City employee authorized to enforce this subsection, be removed and stored until all waiver fees established pursuant to this article for all outstanding notices of violation, and also the impoundment, storage and other charges authorized under this article, have been paid. Upon the removal and storage of such a vehicle, the City shall follow the procedure outlined in § 291-43D(4) through (7).

G. Police orders. To stop, stand or park a vehicle in any portion of a travel way, parking space, or parking area if said way, space, or area has been duly posted or marked as temporarily closed in accordance with § 291-37(F) above.

§ 291-39 Parking prohibited except for limited times.

It shall be unlawful and in violation of this article for any person:

A. Parking limited to 15 minutes. To stop, stand or park a vehicle for more than 15 minutes between the hours of 8:00 a.m. and 5:00 p.m., except on Saturdays, Sundays and holidays when such parking may be permitted, on those streets or portions of streets duly marked or posted and which are shown as "15 Minutes" on the Parking Map.

B. Parking limited to 30 minutes. To stop, stand or park a vehicle for more than 30 minutes between the hours of 8:00 a.m. and 5:00 p.m., except on Saturdays, Sundays and holidays when such parking may be permitted, on those streets or portions of streets duly marked or posted and which are shown as "30 Minutes" on the Parking Map.

C. Parking limited to one hour. To stop, stand or park a vehicle for more than one hour between the hours of 8:00 a.m. and 5:00 p.m., except on Saturdays, Sundays and holidays when such parking may be permitted, on those streets or portions of streets duly marked or posted and which are shown as "60 Minutes" on the Parking Map.

D. Parking limited to 90 minutes. To stop, stand or park a vehicle for more than 90 minutes between the hours of 8:00 a.m. and 5:00 p.m., except on Saturdays, Sundays and holidays when such parking may be permitted, on those streets or portions of streets duly marked or posted and which are shown as "90 Minutes" on the Parking Map.

E. Parking limited to two hours. To stop, stand or park a vehicle for more than two hours between the hours of 8:00 a.m. and 5:00 p.m., except on Saturdays, Sundays and holidays when such parking may be permitted, on those streets or portions of streets duly marked or posted and which are shown as "two hours" on the Parking Map.

F. Parking limited to four hours. To stop, stand or park a vehicle for more than four hours between the hours of 8:00 a.m. and 5:00 p.m. except on Saturdays, Sundays and holidays when such parking may be permitted, on those streets or portions of streets duly marked or posted and which are shown as "four hours" on the Parking Map.

G. Daytime parking limited. To stop, stand or park a vehicle on those streets or portions of streets duly marked or posted and which are shown as "Daytime Parking Prohibited" on the Parking Map for the hours and days posted.

H. Commercial vehicles on residential streets. To stop, stand or park a commercial vehicle greater than one ton in capacity for more than four hours on those streets or portions of streets located in residential districts. This subsection shall not apply to the following:

(1) Commercial vehicles used for moving a person or household in or out of a residential building.

(2) Commercial vehicles owned or operated by public utilities, gas or oil heat suppliers or gas or oil heat systems maintenance companies, or the agents or employees thereof.

I. Continuous parking prohibited. In addition to the above provisions, it shall be unlawful to park a vehicle on any public way, public parking area or public land for a continuous period exceeding 24 hours, unless permitted by the City Manager or their designee pursuant to an event permit or other agreement.

J. Handicapped parking. It shall be the policy of the City of Bangor to allow vehicles with valid handicapped parking plates or placards, properly displayed, to park for twice the amount of the time otherwise permitted.

§ 291-40 Parking prohibited except for designated uses.

It shall be unlawful and in violation of this article for any person:

A. Parking prohibited except loading and unloading for commercial uses and taxicabs. To stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of passengers or freight for a taxicab or commercial vehicle, within any of the spaces duly marked or posted and which are shown as "loading" on the Parking Map. It is also unlawful and a violation of this article for a commercial vehicle or taxicab to park in such a space for longer than the time posted.

B. Parking for persons with disabilities. To park 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 to 29-A M.R.S.A. §§ 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 parks 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 they are a registered owner of a vehicle at the time that vehicle is involved in a violation of this § 291-40B. Except as provided in 29-A M.R.S.A. § 521(9-B)(D), it is not a defense to a violation of this subsection that a registered owner was not operating the vehicle at the time of the violation.

C. Parking for ambulances only. To stop, stand or park any vehicle, other than an ambulance, on those streets or portions of streets or in those portions of parking areas duly marked or posted and which are shown as "Ambulance" on the Parking Map.

D. Parking for buses only. To stop, stand or park any vehicle, other than a bus, on those streets or portions of streets or in those portions of parking areas duly marked or posted and which are shown as "Bus" on the Parking Map.

E. Parking for airport purposes. To stop, stand or park any vehicle along Godfrey Boulevard, Wyoming Street, or Utah Avenue in violation of the operation conditions for said street, said operation conditions to be established from time to time by the City Manager or their designee and posted at on each street.

F. Parking by permit only.

(1) Between the hours of 8:00 a.m. and 5:00 p.m. on normal business days, excluding Saturdays, Sundays and legal holidays, to stop, stand or park any vehicle, other than a vehicle displaying a parking permit issued by the Police Chief or their designee, on those streets or portions of streets duly posted and which are shown as "Permit" on the Parking Map.

[Amended 1-14-2019 by Ord. No. 19-034]

(2) Service and delivery vehicles excepted. Nonresident vehicles stopped, standing or parked for the purpose of making deliveries or providing services to a residence located on a street or portion of a street marked and shown as "Permit" shall not be required to display the permit otherwise required by this Subsection F. Such vehicles must be stopped, standing or parked within 200 feet of the residence concerned, as measured along the road frontage, for this exception to apply.

§ 291-41 Off-street parking lots and areas.

A. Off-street parking lots and areas established. Off-street parking lots, and other parking areas on City property that are not part of a City right-of-way, are hereby established at those locations duly marked or posted and which are shown as a "lot" or "area" on the Parking Map.

B. The City Council shall establish by order a Schedule of Fees for the use of off-street parking lots and areas.

C. Violations. It shall be unlawful and in violation of this section for any person to cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked within any established off-street parking lot or parking area within the City in violation of the operation conditions for said lot or area, said operation conditions to be established from time to time by the City Manager or their designee and posted at each off-street parking lot or parking area.

D. Closure of parking lots. It shall be unlawful and a violation of this article for any person to stop, stand or park a vehicle or to enter or remain in any City parking lot after said parking lot has been blocked off or closed to public use by the directive of the Chief of Police or their designee. Such directive may be issued upon a determination that the persons using said parking lot or area are participating in acts of vandalism or disorderly conduct or otherwise conducting themselves in violation of the law. The Chief or their designee shall cause signs and/or barricades sufficient to notify the public of such directive to be located at the entrance to such lots or areas.

§ 291-42 Winter parking.

A. Parking prohibited. Except for any public way, as defined in 17-A M.R.S.A. § 505, or public square in the Downtown Parking Management District as established by § 291-37B, it shall be unlawful and in violation of this article, between the beginning of the first Snow-Clearing Order of the winter called pursuant to Subsection B below and March 31 of each winter, for any person:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Nighttime parking prohibited: to stop, stand or park, or allow to remain, a vehicle in or upon any public way, as defined in 17-A M.R.S.A. § 505, or public square within the City of Bangor between the hours of 12:00 midnight and 6:00 a.m., Eastern standard time or Eastern daylight saving time, as may then be in effect.

(2) Daytime alternate-side parking:

(a) To stop, stand, remain in or upon any public way, as defined in 17-A M.R.S.A. § 505, within the City of Bangor between the hours of 6:00 a.m. and 12:00 midnight, Eastern standard time or Eastern daylight saving time, as may then be in effect, except that parking shall be permitted on the odd-numbered side of each public way on the odd-numbered days of the month and parking shall be permitted on the even-numbered side of each public way on the even-numbered days of the month.

(b) Exceptions. The parking restriction above shall not apply to:

[1] Metered streets and ways;

[2] Portions of public ways where parking is otherwise prohibited;

[3] State Street between its intersection with Pine Street and Summit Avenue, as posted; and

[4] Cedar Street between its intersection with Main Street and First Street, as posted.

B. Snow Clearing Order.

(1) During a Snow Clearing Order, it shall be unlawful and in violation of this article for any person to stop, stand or park, or allow to remain, a vehicle in or upon:

(a) A public way, as defined in 17-A M.R.S.A. § 505, or public square, if such way or square is in the Downtown Parking Management District as established by § 291-37B.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) Any off-street parking area within the City of Bangor, except for off-street parking areas or portions thereof designated by the City Manager or their designee as allowing parking during Snow Clearing Orders.

(2) The Public Works Department shall issue a Snow Clearing Order whenever the Public Works Director, in their sole discretion, determines that such order is appropriate for safe and orderly plowing and subsequent removal of snow and ice.

(3) The Snow Clearing Order shall be issued with as much advance notice to the public as practicable under the circumstances and shall remain in effect until cancelled by the Public Works Director.

C. Snow removal. Notwithstanding the provisions of Subsections A and B above, no person shall stop, stand or park, or allow to remain, a vehicle in or upon any public way, as defined in 17-A M.R.S.A. § 505, public square or off-street public parking lot or area within the City of Bangor during any hour of the day so as to interfere with or hinder the removal of snow by the City from such way, square or parking area. Any vehicle found to be parked in violation of this subsection may be removed and placed in a suitable parking place in accordance with the procedures described in 29-A M.R.S.A. § 2069.

§ 291-43 Violations and penalties.

A. Waiving court hearing for violation; fees. Any person accused of a violation of any portion of this article may voluntarily waive their right to appear and defend before any court the charge made against them for such illegal parking by paying to the municipality the sum shown in Subsection A(1) through (5) 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.

(1) The waiver fee for any person accused of a violation relating to illegal occupancy of two parking spaces, parking without a valid permit or violation of odd/even parking shall be $10 if paid within 30 days of the alleged offense and $20 thereafter.

(2) The waiver fee for any person accused of a violation relating to overtime parking, parking at an expired meter and overtime parking at an expired meter shall be $15 if paid within 30 days of the alleged offense and $30 thereafter.

(3) The waiver fee for any person accused of a violation relating to loading zones, blocking driveways, parking in areas marked "No Parking," night parking, double parking, blocking snow removal, parking with left wheel to curb or any other violation not mentioned in Subsection A(1) through (5) shall be $20 if paid within 30 days of the alleged offense and $40 thereafter.

(4) The waiver fee for any person accused of a violation relating to tow-away zones, fire lanes, fire hydrants, crosswalks, sidewalks or esplanades shall be $25 if paid within 30 days of the alleged offense and $50 thereafter.

(5) The waiver fee for any person accused of a violation relating to disability parking shall be $200 if paid within 30 days of the alleged offense and $400 thereafter. For any second or subsequent violation by the same person within a six-month period, the waiver fee shall be $500. For any person accused of a violation relating to disability parking who rightfully possessed a disability plate or placard at the time of the violation but failed to display said plate or placard, the waiver fee shall instead be $25 if paid within 30 days of the alleged offense and $50 thereafter.

(6) Penalty. If the waiver fee is not paid and the parking ticket is contested in court, the fine, upon conviction, shall be as follows for each violation:

(a) An amount equal to that waiver fee if the request for a court hearing is received by the City within 30 days of the date of the alleged violation; or

(b) An amount that is double the waiver fee if the request for a court hearing is received by the City more than 30 days from the date of the alleged violation or in a civil action initiated by the City more than 30 days from the date of the alleged violation.

B. Permit revocation. In addition to the penalty provided above, the City of Bangor Police Chief, or their designee, may revoke the parking permit of any person who violated any regulation prescribed by City of Bangor Council orders pursuant to § 291-40F.

C. Violation waiver policy. Within the Downtown Parking Management District, it shall be the policy of the City of Bangor to waive any parking ticket issued for hourly parking violations under § 291-39 of this chapter, provided that the individual or vehicle concerned has not been cited for a previous parking violation under § 291-39 within 120 days prior to the ticket date. Parking Enforcement, as defined in Subsection E below, shall notify the individual concerned whenever a parking ticket has been waived under this policy.

D. Impoundment.

(1) Purpose. This section is enacted 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 prevention 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, parking lots and public ways.

(2) Impoundment for failure to pay parking tickets. Any vehicle which has accumulated three or more 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 nor issuance of court process and which is then parked upon the public way or in a public parking lot at any time may, at the option of Parking Enforcement as defined in Subsection E below, be immobilized in place or may be removed and stored until all waiver fees established pursuant to this article for all of such outstanding notices of violations, and also the impoundment, storage and other charges authorized under this article, have been paid. If impoundment by immobilization is utilized, a charge for such impoundment in the amount or amounts described in the City's Schedule of Fees in accordance with Chapter 109 of this Code shall be charged and paid prior to such release.

[Amended 9-23-2019 by Ord. No. 19-362]

(a) Notice. Written notice shall be mailed to the owner of any vehicle which has accumulated three or more outstanding notices of violation of any parking ordinance or regulation therein prior to immobilization or impoundment of such vehicle as provided in this Subsection D(2). The notice shall inform said owner of the vehicle of the nature and number of outstanding violations, that such vehicle may be immobilized in place or impounded and that said owner will be provided an opportunity to contest the validity of the proposed immobilization or impoundment upon written request to the Chief of Police within 10 days of receipt of the notice described in this subsection.

(b) Hearing. Any owner who requests an opportunity to contest the validity of proposed immobilization or impoundment of their vehicle shall be provided an administrative hearing upon written request to the Chief of Police. Such hearing shall be scheduled as soon as practicable before a hearing officer, who shall be solely responsible for hearing and deciding all contests provided herein. Enforcement of the provisions of this Subsection D(2) shall be stayed pending the decision of the hearing officer. The purpose of this subsection is to provide an opportunity to contest the validity of a proposed immobilization or impoundment and not to contest the merits of parking violations.

(c) Hearing officer. The Chief of Police shall designate a hearing officer from time to time as may be needed. No City employee may serve as a hearing officer for the purposes of this article.

(3) Impoundment for winter parking violation. Any vehicle found in violation of § 291-42 of this article may be similarly removed and impounded should the violation occur during or within six hours of the end of a snowfall in excess of one inch or during the periods in which the City is actively involved in snowplowing or snow removal operations.

(4) Procedure. As soon as a vehicle has been removed and stored or immobilized in place under this article, Parking Enforcement as defined in Subsection E below shall so notify the Police Department dispatcher. Such information shall be recorded by the dispatcher for the Chief of Police, the Finance Director, or their authorized representatives. In addition, except in instances of impoundment resulting from a violation of § 291-42 of this article, the Chief of Police or their designee shall notify by certified mail the registered owner of such vehicle within five 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 article.

(5) Release of vehicles. Any person having custody of a motor vehicle impounded pursuant to this article or of the means to release such immobilized vehicle shall not release it until all waiver fees and all other charges provided for in this article have been paid, including all costs of impoundment, towing, notices and storage, or until the Finance Director or their duly authorized representative shall have certified the posting of a bond equal to the total outstanding waiver fees which should have been remitted for said overdue notices of violation and other charges as set forth in this subsection. In addition, no vehicle removed and stored shall be released until the individual requesting its release presents satisfactory evidence of their right to possession of the vehicle.

[Amended 9-23-2019 by Ord. No. 19-362]

(6) Bond. Whenever any person requests the right to post bond pursuant to this article, such bond shall be given in cash and receipt given therefor. Such bond money shall be refunded in the amount of the waiver fee for each alleged violation of this article upon acceptance by such person of service of process initiating a court proceeding to determine their alleged 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 their designated representative within 30 days of posting, unless prevented from doing so by actions or inactions of the City of Bangor.

(7) Violations. It shall be a violation of this article for any person to tamper with or attempt to remove any immobilizing device attached to a vehicle or to extract or attempt to prevent the removal of any vehicle as provided herein. The penalty for any such violation shall be not less than $50 nor more than $1,000.

E. Enforcement authority.

(1) The following are authorized to enforce the provisions of this article, and are considered part of Parking Enforcement:

(a) City of Bangor police officers.

(b) City of Bangor employees who are designated by the City Manager or their designee as part of Parking Enforcement.

(c) Agents contracted by the City to enforce the provisions of this article. These agents are not required to be employees of the City of Bangor. These agents may be appointed as constables under 30-A M.R.S.A. § 2673.

§ 291-44 through § 291-46. (Reserved)