[Amended 6-17-1991 by Ord. No. 130]
No vehicle shall stop in such a way as to obstruct any street or crossing except for the purpose of taking on or letting off a passenger, or for loading or unloading freight, for a period of up to one minute, or except in case of accident, or when directed to do so by a police officer.
No person shall fail to stop or place his vehicle as directed by a police officer on duty.
No vehicle, except for an emergency vehicle on an emergency call, or any authorized construction vehicle involved in actual construction, repair or repaving, shall stop, stand or park in such a way as to obstruct any arterial street or way. For the purpose of this subsection, the following streets shall be considered to be arterial streets or ways:
No vehicle shall stop or stand within the intersection of any streets or within 10 feet of a street corner, and 30 feet in the case of side streets leading off of Winthrop Street west of State Street, nor within seven feet of any hydrant wherever located; provided, however, that the foregoing provisions of this section shall not apply to the United States mail, emergency and public utility vehicles.
The parking of a motor vehicle in such a manner as to obstruct traffic or block a driveway or sidewalk is prohibited. Such cars may be removed in accordance with the provisions of this article.
Unless in accordance with City regulations, or in an emergency, or to allow another vehicle or pedestrian to cross its way, no vehicle shall stop in any public street except close to the curb; provided, however, that this section shall not apply to United States mail, emergency or public utility vehicles.
A person having charge of a vehicle shall not stop the same abreast of another vehicle lengthwise of a street in any public street, except in case of accident or emergency; provided, however, that this section shall not apply to emergency or public utility vehicles.
[Amended 3-5-2015 by Ord. No. 15-036]
It shall be unlawful to leave a motor vehicle parked on a public way or in a municipal parking lot for a period in excess of 24 hours unless such vehicle possesses a valid residential parking permit issued by the Augusta Parking District, is in a space designated by the Augusta Parking District for resident parking, and meets the standards of M.R.S.A. Title 29-A. If a vehicle is parked in violation of this section, a notice shall be placed on the windshield of such vehicle ordering its removal within 24 hours. If after the expiration of such notice the vehicle is still in violation of this section, such vehicle may be removed in accordance with the provisions of this article. Where this section conflicts with § 270-30A regarding winter parking on streets, § 270-30 shall apply.
Editor's Note: Original § 18-67 of the 1990 Code, Nighttime parking; permit required, exceptions, which immediately followed this section, as amended 1-6-1992 by Ord. No. 244, and 12-4-2014 by Ord. No. 14-201, was repealed 3-5-2015 by Ord. No. 15-036.
[Amended 10-17-1994 by Ord. No. 649; 12-4-2014 by Ord. No. 14-201; 3-5-2015 by Ord. No. 15-036]
Unless a permit has been issued by the Police Department for overnight parking, no person shall park or permit a vehicle to remain parked in any street of the City, with the exception of the east side of Commercial Street between Oak Street and Water Street, between 10:00 p.m. and 7:00 a.m. from November 15 to April 15, since such parking or remaining parked may interfere with snowplowing or the loading or removal of snow from such street.
No vehicle with a gross vehicle weight in excess of 15,000 pounds shall be parked, excluding the Augusta Business Park, for a longer period than one hour in any street between the hours of 8:00 p.m. and 8:00 a.m., except on permit granted by the Police Department.
No person shall park a vehicle, with or without occupants, other than a fire or police vehicle or an ambulance, on a public highway within 100 yards of a fire in which fire personnel are engaged.
If a vehicle parks more than 100 yards from the fire and within 1/4 mile thereof, it shall park on the right-hand side of the highway and parallel to and within two feet of the curb or edge of the highway.
No vehicle shall be parked in front of entrances to theaters and hotels.
[Amended 1-6-1992 by Ord. No. 244]
No commercial vehicle which is registered to carry a load in excess of one ton shall be parked or left standing unattended on any public street or way within the City, unless approved by the Police Department, between the hours of 9:00 p.m. and 6:00 a.m. for a period of more than 15 minutes, unless the motor of such vehicle and any motor or motors attached to or contained in such vehicle are stopped.
Motor vehicles shall be prohibited from parking facing the flow of traffic on the wrong side of the public way, from the business district of the City to and including the rural area to the next town line, on the following streets as herein set forth:
[Amended 3-19-1984 by Ord. No. 383; 6-18-1984 by Ord. No. 460; 6-18-1984 by Ord. No. 461; 6-18-1984 by Ord. No. 462; 6-18-1984 by Ord. No. 463; 10-15-1984 by Ord. No. 538; 11-19-1984 by Ord. No. 604; 7-15-1985 by Ord. No. 139(1); 8-19-1985 by Ord. No. 168; 10-21-1985 by Ord. No. 228; 10-21-1985 by Ord. No. 229; 12-16-1985 by Ord. No. 252; 5-19-1986 by Ord. No. 391; 9-15-1986 by Ord. No. 508; 9-15-1986 by Ord. No. 509; 10-20-1986 by Ord. No. 535; 11-17-1986 by Ord. No. 573; 11-17-1986 by Ord. No. 575; 8-17-1987 by Ord. No. 177; 11-16-1987 by Ord. No. 242; 6-20-1988 by Ord. No. 394; 7-18-1988 by Ord. No. 423; 8-15-1988 by Ord. No. 467; 11-21-1988 by Ord. No. 501; 12-19-1988 by Ord. No. 534; 12-19-1988 by Ord. No. 564; 1-12-1989 by Ord. No. 574(2); 3-20-1989 by Ord. No. 31; 3-20-1989 by Ord. No. 32; 4-10-1989 by Ord. No. 54; 5-15-1989 by Ord. No. 109; 9-18-1989 by Ord. No. 192; 11-6-1989 by Ord. No. 247; 1-8-1990 by Ord. No. 300; 1-5-1990 by Ord. No. 326(2); 5-7-1990 by Ord. No. 396; 5-7-1990 by Ord. No. 397; 7-16-1990 by Ord. No. 471; 12-17-1990 by Ord. No. 580; 2-6-1991 by Ord. No. 18; 3-4-1991 by Ord. No. 54; 4-1-1991 by Ord. No. 55; 7-1-1991 by Ord. No. 190; 7-15-1991 by Ord. No. 191; 10-21-1991 by Ord. No. 262; 10-21-1991 by Ord. No. 263; 1-6-1992 by Ord. No. 334; 12-7-1992 by Ord. No. 679; 2-3-1993 by Ord. No. 11; 2-3-1993 by Ord. No. 31; 4-5-1993 by Ord. No. 63; 7-19-1993 by Ord. No. 185; 9-7-1993 by Ord. No. 214; 12-6-1993 by Ord. No. 320; 3-7-1994 by Ord. No. 381; 8-15-1994 by Ord. No. 588; 11-9-1994 by Ord. No. 666; 12-19-1994 by Ord. No. 708; 8-7-1995 by Ord. No. 182; 4-1-1996 by Ord. No. 417; 9-23-1996 by Ord. No. 565; 9-23-1996 by Ord. No. 566; 10-21-1996 by Ord. No. 621; 11-6-1996 by Ord. No. 622; 5-5-1997 by Ord. No. 104; 10-6-1997 by Ord. No. 320; 12-15-1997 by Ord. No. 398; 3-16-1998 by Ord. No. 474; 3-16-1998 by Ord. No. 476; 12-21-1998 by Ord. No. 732; 5-17-1999 by Ord. No. 107; 8-23-1999 by Ord. No. 207; 8-30-1999 by Ord. No. 688; 7-17-2000 by Ord. No. 394; 10-16-2000 by Ord. No. 453; 12-14-2000 by Ord. No. 495; 9-4-2001 by Ord. No. 116; 12-16-2002 by Ord. No. 317; 7-7-2003 by Ord. No. 88; 9-8-2003 by Ord. No. 107; 4-20-2004 by Ord. No. 56; 11-3-2004 by Ord. No. 161; 11-20-2006 by Ord. No. 183; 11-20-2006 by Ord. No. 184; 3-19-2007 by Ord. No. 050; 5-21-2007 by Ord. No. 090; 5-21-2007 by Ord. No. 091; 6-4-2007 by Ord. No. 106; 6-4-2007 by Ord. No. 107; 2-7-2008 by Ord. No. 222; 2-18-2010 by Ord. No. 018; 7-21-2011 by Ord. No. 11-93; 12-15-2011 by Ord. No. 11-182; 8-2-2012 by Ord. No. 12-110; 8-2-2012 by Ord. No. 12-118; 11-21-2013 by Ord. No. 13-187]
The no-parking and restricted parking areas in the City are as follows:
Editor's Note: Title 29 of the Maine Revised Statutes was repealed by L. 1983, C. 683, § a-1, effective 1-1-1995. See now 29-A M.R.S.A. § 521.
Editor's Note: An entry limiting parking to one hour on the east side of Water Street beginning at the intersection of Bridge Street northerly for a distance of 202 feet, and which immediately followed this entry, was repealed 2-4-2016 by Ord. No. 16-016.
Editor's Note: An entry limiting parking to one hour on the east side of Water Street from a point 246 feet north of the Bridge Street intersection northerly for a distance of 294 feet, and which immediately followed this entry, was repealed 2-4-2016 by Ord. No. 16-016.
Editor's Note: Title 29 of the Maine Revised Statutes was repealed by L. 1983, C. 683, § a-1, effective 1-1-1995. See now 29-A M.R.S.A. § 521.
[Amended 2-3-1992 by Ord. No. 359]
Notwithstanding any other provisions of the Code of Ordinances regarding parking bans, parking shall be allowed in the immediate area of places of worship 1/2 hour before services until 1/2 hour after services on Saturday or Sunday on all City streets except for state-numbered routes where parking is prohibited, on crosswalks, in the immediate area of fire hydrants, and on streets where parking is prohibited because the width of the street will not allow fire-fighting equipment to travel over the street if vehicles were parked on same. "No parking" signs in the areas affected by this section shall be changed to reflect the above section.
[Amended 2-17-1993 by Ord. No. 27]
It shall be unlawful to park a motor vehicle or motorcycle without a special handicapped registration plate or placard in the following listed locations, which are designated as parking areas for handicapped persons. These locations shall be identified by a sign posted adjacent to and visible from each handicapped parking space identified and listed below. Said sign shall display the international symbol for accessibility. Any vehicle or motorcycle parking in a parking space clearly marked as a handicapped parking space and which does not bear a special handicapped registration plate or placard issued under 29 M.R.S.A. §§ 252, 252-A or 252-C, as amended, or a similar plate issued by another state, shall be cited for a forfeiture of not less than $50. "Clearly marked" includes painted signs on pavement and vertical standing signs which are visible in existing weather conditions.
Editor's Note: Title 29 of the Maine Revised Statutes was repealed by L. 1983, C. 683, § a-1, effective 1-1-1995. See now 29-A M.R.S.A. §§ 521 and 523.
[Amended 1-6-1992 by Ord. No. 244]
It shall be unlawful to allow any vehicle to stop or remain parked at any time upon the East Side Circle or West Side Circle or within 100 feet from the outside curb on any exit from or any entrance to the circle for the purpose of taking on or letting off passengers or any other reason unless such stopping or parking is done in an area so designated by the placement of signs by the Police Department for such purpose.
The Augusta Parking District shall have the authority to regulate parking on the following streets:
The franchise, right, power and easement in the areas and streets enumerated in § 270-37 shall be for the following purposes: to install, operate and maintain parking meters; to collect the revenue therefrom; to issue parking revenue bonds payable solely from parking fees to pay the cost of construction, installation, operation and maintenance of the parking meters and off-the-street parking lots to be used in furtherance and in connection therewith; to designate space for the parking of vehicles by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters; to adopt from time to time and amend rules and regulations governing the use of parking in such areas and streets, including but not limited to rules and regulations governing the use and nonuse of such areas and streets, for parking by commercial and noncommercial vehicles, buses, taxis, vehicles of doctors, and others, and the setting of fees therefor; and to do all other lawful things necessary, convenient or incidental to the foregoing rights and powers.
Meters shall be placed not more than two feet from the curb nor more than five feet from the front line or side line of the adjacent parking space.
It is the intention hereof that the City shall continue to be responsible for and to keep in a state of repair the streets and sidewalks along such streets, and the District shall repair and maintain the meters and their foundations and paint or mark the designated areas on the surface of such roadways and sidewalks.
[Amended 2-20-1990 by Ord. No. 327; 1-6-1992 by Ord. No. 244]
In the interest of providing proper safety services to school buildings within the City, the Fire Chief or designee, in conjunction with the Superintendent of Schools or designee, is hereby authorized to establish fire lanes at and around school buildings within the City; such fire lanes shall be clearly marked with signs indicating the existence of the fire lane and the prohibition against parking in same.
Any vehicle found to be parked, standing or in any other way blocking any designated fire lane shall be in violation of this article and as such shall be subject to a fine of $15 for each offense and, in addition, any vehicle in violation may be removed and impounded as provided for in Part 2 of this article.
[Amended 4-14-1986 by Ord. No. 360; 11-20-1989 by Ord. No. 246; 1-6-1992 by Ord. No. 244; 8-2-1999 by Ord. No. 169]
It shall be the policy of the City of Augusta to ensure that at any time the Augusta Police Department is required to contract directly for vehicle towing services, or refer a needy citizen to such towing services, the Police Department shall do so in an economical and equitable manner. Though sensitive to the business concerns of area towing enterprises, the City policy regarding this matter shall be influenced primarily by the need to promote public safety through a quick and efficient removal of obstructions to the public way and by a vigilant effort to prevent the general public from being victimized by unfair business practices, particularly where the City is involved as a referral agent for private tow operators. This order shall pertain to public ways, City property and property owned or authorized for policing by the Augusta Parking District and shall not be utilized for the removal of vehicles from private property of individuals.
The Police Department shall establish a rotation order by which tow operators will be contacted whenever a vehicle must be removed from a public way, City property, or private property as a result of a motor vehicle accident or other police action. The Police Department shall maintain a log in the communication center and upon request for a tow service, record the name of the tow operator, whether the request for tow was in rotation, vehicle owner's request, or City bid, and also record the unavailability or refusal of a tow operator to respond. The Police Department shall maintain a list of qualified tow operators, and this list shall not exceed 10 operators so that no undue administrative burden shall be placed upon the Police Department. This list shall be reviewed in January of each year to enable the Police Department to add or remove tow operators. In the event that more than 10 qualified operators apply for inclusion on the towing list, the Chief of Police shall determine, by lot, which companies shall be included for the year. Should a vehicle operator request a tow operator that is not on the police tow list, the police officer on scene will determine whether the request will be honored, taking into account the time it will take for the requested tow operator to arrive and remove the vehicle. In all circumstances, the removal of a vehicle from traffic by the quickest and most efficient means is essential.
The Police Department shall in times of extreme emergency or disaster deviate from this towing policy rotation order when it is in the best interest of public safety to do so.
[Amended 10-17-2005 by Ord. No. 165]
The schedule of charges for service calls, towing or removing vehicles and notices of such action as required by this Part 2 shall not exceed the schedule of charges which shall be set from time to time and a schedule of such charges shall include service calls day or night, tow fee day or night, motor vehicle accident tow day or night, use of which and mileage from accident scene to vehicle destination.
Tow operators accepting City referrals under this Part 2 shall agree to charge reasonable fees that will not exceed the following per vehicle:
Use of winch: described as having to winch a vehicle out of a ditch and back onto the roadway or other location, or turning over an overturned vehicle. Use of winch is not to be charged when a vehicle is winched onto a flatbed of a tow truck: $75 per hour, to be computed in half-hour increments beyond the first hour, with the full first-hour charge due for any portion thereof.
Storage: location of where towed vehicle was brought awaiting retrieval by owner or other responsible party: $25 per day, or any portion thereof, after the first 24 hours of vehicle being towed to storage lot.
The City Manager shall annually request sealed bids for towing and storage charges. Such bids shall be for the towing of municipal vehicles, vehicles in violation of snow removal operations, and any other vehicle so ordered by the Police Department caused by a police action, vehicles removed from City property or the property of the Augusta Parking District.
The tow company that is awarded the annual towing bid shall establish a storage facility within the confines of the City of Augusta that will enable owners of vehicles towed to retrieve their motor vehicles during regular business hours. The storage facility location shall be recorded on the City bid form indicating that the tow company is in compliance prior to any award of bid by the City.
In the event that the tow company that has been awarded the annual towing bid is removed from the Police Department towing list for violating Article III, Part 2, Towing, Violations and Impoundment, of the Revised Code of Ordinances, the City shall award the remainder of the municipal bid time period to the tow company having submitted a reasonable bid at the time of the last bid opening.
[Amended 10-17-2005 by Ord. No. 166]
Parties towing vehicles and storing same in accordance with the provisions of this Part 2 shall assume full responsibility for damages to vehicles while in transit or storage. Tow operators accepting City referrals shall remove vehicle debris and fluids within reason from the public way or in any other place at traffic accident scenes as part of the removal process of the vehicle being towed. Tow operators requesting to be included on the Police Department towing rotation order shall obtain all required insurance and show proof of same on demand of the Chief of Police. Such insurance shall include but not be limited to vehicle, liability, and property insurance.
Tow operators shall conduct themselves in a professional manner when engaged in contact with the public at accident scenes and other places after having been requested by the Police Department to provide a service to the public.
Tow operators shall conduct themselves in such a manner as to respect all other tow operators and the right of their competitors to do business. "Jumping the call" of a competing tow operator shall be grounds for immediate removal from the towing list of the Police Department.
Tow operators shall provide towing/wrecker service commercial liability insurance covering the operation of the business, equipment or other vehicles for any bodily injury or property damage. This policy shall be in the minimum amount of $300,000 combined single limit for personal injury and property damage, or such amount as may be required by the State of Maine from time to time, whichever amount shall be greater.
Road service liability coverage for the lifting, hoisting and towing of vehicles must be included in the tow operator's legal liability policy.
The lapsing or cancellation of any insurance policy as required herein above shall result in immediate removal from the towing list of the Police Department.
Whenever in the City ordinances it is provided that it shall be unlawful for a person to park a vehicle, the fact that a vehicle is unlawfully parked shall be prima facie evidence of the unlawful parking of such vehicle by the person in whose name such vehicle is registered.
Any person charged with a violation of any parking ordinance may waive all court action by payment of the appropriate current fine for the particular parking violations to the Police Department within five days of the offense.
The schedule of fines for parking violations shall be set from time to time and a copy of such schedule is on file in the City Clerk's office.
Any vehicle of any kind or description parked upon a public street of the City at a place, in a manner, or for a length of time prohibited by an ordinance of the City, or so as to impede the City's snow removal operations or traffic in the public street, is hereby declared to be an obstruction in such street and a menace to the safe and proper operation of traffic.
Any vehicle parked in such a manner as described in this section may be removed by and under the direction of or at the request of the Police Department, the police supervisor in charge of any shift, the Director of Public Works or the on-duty foreman to a garage or storage place within the limits of the City and impounded therein.
Any person named in Subsection B may use force as may be necessary to enter such vehicle and cause the same to be placed in a condition to be moved and shall employ the City bid tow operator or a tow operator from the police towing rotation list, whichever circumstance may be deemed appropriate for towing and storing vehicles.
Notwithstanding any language contained herein, the removal and storage of a vehicle pursuant to this section, and the payment of the charges specified in this Part 2, shall in no way relieve or prevent prosecution for the violation of any provisions of the ordinances of the City.
Any person named in Subsection B hereof is hereby authorized to perform the same duties and functions with respect to any land owned or authorized for policing by the Augusta Parking District as specified in Section 17 of the rules and regulations of the Augusta Parking District. In the event of any removal under this section or under Section 17 of the Augusta Parking District rules and regulations, the Police Department shall be immediately notified in order that the duties outlined in § 270-48 may be carried out.
The Police Department shall make every effort to notify as promptly as possible the owner of any vehicle of its removal from the streets of the City, and as soon as possible a written notice that such vehicle has been impounded shall be sent to the owner at his/her last known address as shown by the records of the Secretary of State. If the owner is unknown, the Police Chief shall cause to be published in the local newspaper printed in the City notice of such impoundment, giving the registration number, the vehicle identification number, the name, type, and year of such vehicle. The requirements and duties outlined in this section shall apply equally to vehicles removed from land owned or authorized for policing by the Augusta Parking District, pursuant to Section 17 of the rules and regulations of the Augusta Parking District.
Before the owner of an impounded vehicle may remove it from the possession of the person towing or storing it, the owner shall:
Furnish satisfactory evidence of his/her identity and of his/her ownership of such vehicle to an employee at the Police Department and pay the established charges to the Police Department for advertising, towing, storage and the fine.
Be furnished a two-part receipt upon payment of such charges, part one a receipt for such payment and part two a release to be presented to the person having towed and stored the vehicle. The owner shall sign part two upon receipt of the vehicle.
It shall be unlawful for a person to reclaim or remove an impounded vehicle unless the procedure established in § 270-48 has been followed.
Any vehicle which has accumulated four or more notices of violation of any parking regulation or regulations issued, for which there has been neither payment of waiver fees nor issuance of court process, and which is then parked in violation of any such provision may, at the option of any officer authorized to enforce the parking regulations of the City, be immobilized in place until all waiver fees established for all such outstanding notices of violation have been paid or until the requirements of § 270-51B or C have been met.
Any person having the means to release such immobilized vehicle shall not release it until the individual requesting its release presents satisfactory evidence of his/her right to possession and signs a receipt therefor, and:
The Police Chief or his duly authorized representative certifies that all waiver fees have been paid; or
The Police Chief or his duly authorized representative shall certify the posting of a bond to the total of all previously accumulated waiver fees which should have been remitted for said overdue notices of violation; or
Upon certification of the Police Chief or duly authorized representative that such person has both:
Whenever any person requests the right to post bond pursuant to § 270-51, 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 violation upon acceptance by such person of service of process initiating a court proceeding to determine his/her liability for the prescribed penalty for such violation. Any bond shall be forfeited unless the person posting it requests and accepts service for such process from the Chief of Police or his designated representative within 30 days of posting unless prevented from doing so by the action or inaction of the City.
It shall be unlawful for any person to tamper with or attempt to remove any immobilizing device attached to a vehicle, notwithstanding other penalty provisions contained in this Part 2. The penalty for any such violation shall be in accordance with Chapter 1, Article III, General Penalty, of the City Code.