HomeMy WebLinkAboutOrdinance 83- 1127 Amends § 10.36.070, parking meters
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ORDINANCE NO. 1127
AN EMERGENCY ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER
10.36 OF THE BOZEt1AN MUNICIPAL CODE PROVIDING FOR THE MAXIMUM FINE FOR
VIOLATIONS OF CHAPTERS 10.36 and 10.32.
PR E AM B L E
I The purpose of this emergency ordinance is to conform Chapter 10.36,
Parkin~ Meters, to the requirements for a valid, constitutional ordinance
as set out by the Montana Supreme Court in City of Mi ssoul a v. Shea,
No. 81-364 (Montana ,Supreme Court 1983). The penalty provision in
Chapter 10.36 is incorporated as the penalty provision for Chapter 10.32,
Stopping, Standing and Parking, in Section 10.32.290 of the Bozeman
Municipal Code.
Section 1
That Section 10.36.070 of the Bozeman Municipal Code be and the same is hereby amended
to read as follows:
10.36.070 Enforcement--Penalty for Violations
A. It shall be the duty of all members of the police force of the city to be diligent in
noting violations of the provisions of this chapter, noting and recording the license plate
number of any vehicle parked in violation of the provisions of this chapter and the number of
the parking meter opposite the space where such violation occurred, together with the date
and hour of such violation, the name of the operator or driver of such vehicle at the time of
such violation, if known, and of any other facts and circumstances in connection with such
violation necessary or useful to an understanding thereof; to place on the car in a conspicu-
I ous place, or deliver to the driver or operator thereof if known and available conveniently,
a notice that such vehicle has been parked in violation of this chapter, and directing such
driver, operator or owner to report with reference to such violation, within twenty-four hours,
at the police station, or police court, in the City Hall building of the city. Such card-
notice shall be deemed to be equivalent to a summons to so appear, and disregard of it shall
justify the fil ing of a formal complaint and issuance of a warrant for the arrest of the
owner, operator and driver of such vehicle, for any such violation. The police shall keep a
record of all such card-notices so that ready reference may be made thereto, with the name
of the offender, if known, the license plate number of the vehicle, the name of the registered
owner, and the date of the violation.
B. Violators of the time-parking provisions of this chapter who plead guilty or are found
guilty in the police court of the city shall, upon such plea or conviction of guilt, be fined
in a sum not less than Two Dollars ($2.00) nor more than One Hundred Dollars ($100.00). For
violation of any provision of this chapter other than overtime parking the offender shall,
upon plea of guilty or upon conviction after a plea of not guilty in the police court, be
I fined in any sum not less than Fifteen Dollars ($15.00) nor more than Three Hundred Dollars
($300.00).
Section 2
This ordinance shall be in full force from and after its passage, except as otherwise
ordered.
ORDINANCE NO. 1127
324,
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PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, this 14th day of February 1983.
Mayor I
ATTEST:
Clerk of the City Commission
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. 1127 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. I
Clerk of the City Commission
I
ORDINANCE NO. 1127