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CASE # 7 <br /> <br /> REPORT FROM CITY ATTORNEY <br />RELATING TO SPEED CONTROL DEVICES/SPEED BUMPS <br />By: Bill Goodrich, City Attorney <br /> <br />Background: <br /> <br />At the request of the City Administrator, I have researched the issue of placing speed bumps on <br />certain City streets in order to control vehicle speed. <br /> <br />My research indicates that the City does have the authority to place such devises on City streets. <br />MSA 412.221, Subd. 6 does give the City Council the general authority to "... grade, pave, <br />repair, control, and maintain..." City streets, and implied within this language would be the <br />authority to use speed bumps. In addition, I find no statutory language or other authority which <br />prohibits their use. <br /> <br />In preparation for this report I have spoken with two Assistant Attorneys General and a League <br />of Minnesota Cities' staff attorney. All three of these people advised that we should be very <br />cautious in establishing speed bumps because of the potential liability to the City that they <br />bring. The liability concern relates not so much to the driver of the car that is speeding, but <br />rather to his passengers and oncoming vehicles. If the speeding vehicle hits a speed bump which <br />causes it to go out of control and injure passengers or people in oncoming vehicles, the City may <br />very well be deemed negligent in its maintenance or even use of the speed bump and thereby <br />incur liability.. In addition, the City could incur some liability if a speed bump causes property <br />damage to a vehicle which goes over it, whether the driver of the vehicle is speeding or not. <br /> <br />In summary, in determining whether or not to install speed bumps, the Council's decision <br />should include weighing the speeding problem and the effect speed bumps will have on the <br />problem against the potential for incurring liability as a result of their use. A judgment will <br />then need to be made as to what is in the best interests of the City as a whole. <br /> <br />I will contact the City's insurance agent of record on this subject and report his findings to you <br />when received. <br /> <br />Review Checklist: <br /> <br />City Administrator X <br />City Attorney X <br />City Engineer X <br />Community Development Director <br /> <br />Chief of Police <br />Finance Officer <br />Public Works Superintendent <br />Other <br /> <br />X <br /> <br /> <br />