(A) Purpose. The purpose of this section is to prohibit the repeated driving of a motor vehicle along any portion of Elm Street when it has been determined to be congested with traffic by the Committee on Traffic and Public Safety.
(B) Acts prohibited. No vehicle shall travel along Elm Street where marked as such by signs as described in § 70.30 (D).
(C) Traffic congested defined.
TRAFFIC CONGESTED STREET
is any portion of Elm Street when it is affected by traffic congestion caused in whole or part by the repeated driving of the same motor vehicle along or across any portion of the street. The Committee on Traffic and Public Safety shall determine those times during which Elm Street shall be designated as traffic congested.
(D) Posting of signs. The Committee on Traffic and Public Safety shall cause signs to be posted giving drivers notice that the passage of the same motor vehicle upon Elm Street more than two times during the prohibited hours is a violation of § 70.30 (B).
(E) Notice of towing for subsequent violations. Upon issuing a summons or a written or oral warning for a violation of § 70.30(B), the Police Officer shall give the individual to whom the summons, written or oral warning is issued a written notice which shall state as follows:
Notice
You have been cited for a violation of § 70.30(B) of the City of Manchester, New Hampshire Code of Ordinances for repeated passage of a motor vehicle on Elm Street when it has been designated as traffic congested. If the vehicle you are operating is again driven along Elm Street during such time as it has been designated as traffic congested within the next eight hours the vehicle may be impounded and towed at your expense or the expense of the owner or other person entitled to possession of the vehicle.
___________ ________ _______________
Date Time Officer
Date Time Officer
(F) Exemptions. Section 70.30(B) shall not apply to:
(1) Any motor vehicle owned by the federal government or any agency thereof, by any state or a political subdivision thereof.
(2) Any motor vehicle being operated by any employee of the federal government, any state government or any political subdivision thereof, while on public business.
(3) Any motor vehicle licensed for public transportation.
(4) Any motor vehicle granted a prior exemption by the Chief of Police because passage of the motor vehicle upon or across a traffic congested street is necessary for commercial or public safety reasons. The Chief of Police shall keep a list of all motor vehicles granted an exemption.
(5) Any marked emergency services motor vehicle.
(G) Penalty. A violation of § 70.30(B) shall carry a penalty of $25 for the first offense within one calendar year, $50 for the second offense within one calendar year and $100 for the third and each subsequent offense within one calendar year.
(Ord. passed 8-6-02)