HomeMy WebLinkAboutOrdinance 83- 1126 Adds § 10.32.450; and amends § 10.32.330, stopping, standing and parking
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ORDINANCE NO. 1126
AN EMERGENCY ORDINANCE OF THE CITY OF BOZE~AN, MONTANA, A~ENDING CHAPTER
10.32 OF THE BOZEMAN MUNICIPAL CODE, E~TITLED'STnpPING, STANDING, AND
PARKING, PROVIDING FOR THE IMPOSITION OF VICARIOUS LIABILITY UPON THE
OWNER OF A PARKED MOTOR VEHICLE.
PRE A M B L E I
The purpose of this emergency ordinance is to conform Chapter 10.32
to the requirements for a valid, constitutional ordinance as set out
by the Montana Supreme Court in City of Missoula v. Shea, No. 81-364
(Montana Supreme Court 1983). The amendment will impose absolute
liability upon the registered owner of a vehicle.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Section 1
That Section 10.32.330 of the Bozeman Municipal Code be and the same is hereby
amended to read as follows:
10.32.330 Illegal Parking--Vehicle Owner Responsibil ity
If any vehicle is found upon a street or highway in violation of the ordinances,
rules or regulations controlling stopping, standing, or parking of vehicles, the person
in whose name such vehicle is registered shall be responsible for such violation.
Section 2
That a section numbered 10.32.450 be and the same is hereby added to Chapter 10.32
to read as follows:
10.32.450 Legislative Intent I
It is the intent of the City Commission that the criminal offenses listed in
Chapter 10.32 of the Bozeman Municipal Code be offenses involving absolute liability.
Those offenses shall not require proof of anyone of the mental states described in sub-
sections (33), (37), and (58) of Section 45-2-101, M.C.A. 1981.
Section 3
This ordinance shall be in full force and effect from and after its passage, except
as otherwise ordered.
PASSED, ADOPTED AND APPROVED bv the City Commission of the City of Bozeman, Montana,
this 14th day of February 1983.
~1ayor
ATTEST:
Clerk of the City Commission I
State of Montana )
County of Gallatin)
City of Bozeman )
I, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, Montana,
do hereby certify that the foregoing Ordinance No. 1126 was publiShed by title and number
in the Bozeman Chronicle, a newspaper of general circulation printed and pUbliShed in said
City of Bozeman, in the issue dated the 17th day of February 1983.
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office
this 26th day of March 1983.
Clerk of the City Commission
ORDINANCE NO. 1126