HomeMy WebLinkAboutOrdinance 83- 1140 Amends Ch. 10.32, stopping, standing and parking
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ORDINANCE NO. 1140
AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 10.32
OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE STOPPING, STANDING
OR PARKING OF VEHICLES.
PREAMBLE
I The purpose of this amendment is to simplify and clarify the parking restrictions for
the City as well as to bring them into compli~nce with current law for valid, con-
stitutional parking ordinances as set out by the Montana Supreme Court in City of
Missoula v. Shea earlier this year.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
That Chapter 10.32 of the Bozeman Municipal Code be and the same is hereby amended to
read as follows:
SECTION I
CHAPTER 10.32
STOPPING, STANDING AND PARKING
Sections:
10.32.010 Parking--Chapter provisions not exclusive.
10.32.020 Stopping, standing or parking--Exceptions to restrictions.
10.32.030 Stopping t standing or parking--Locations where prohibited.
10.32.040 Stopping, standing or parking--Prohibited near hazardous or
congested areas.
10.32.050 Standing or parking--Procedure generally--Distance from curb.
10.32.060 Standing or parking--One-way streets.
I 10.32.070 Standing or parking--One-way roadways.
10.32.080 Parking--Additional or temporary regulations.
10.32.090 Parking--Signs required.
10.32.100 Angle parking.
10.32.110 Parking--Prohibited between curb and sidewalk.
10.32.120 Parking--private property restrictions.
10.32.130 Parking--Private signs prohibited without permit.
10.32.140 Parking--Obstructing traffic prohibited.
10.32.150 Parking--Narrow street restrictions.
10.32.160 Alleys--Stopping, standing and parking restrictions.
10.32.170 Parking--Restrictions near schools.
10.32.180 Fire lanes--Establishment--Parking restrictions.
10.32.190 Tow Away Zones--Establishment--Parking Restrictions
10.32.200 Commercial vehicles--Parking restrictions.
10.32.210 Vehicles transporting flammable liquids--Parking restrictions.
10.32.220 Parking--Prohibited for certain purposes.
10.32.230 Large vehicles--Parking restrictions.
10.32.240 Parking-- Time limited on certain streets.
10.32.250 Parking--Maximum time designated.
10.32.260 City-operated parking lots--Maximum time designated.
10.32.270 Loading zones--Designation authority.
10.32.280 Loading zones--For use by the public.
10.32.290 Loading zones--Use restrictions.
10.32.300 Loading and unloading--Backing into curb permitted when.
10.32.310 Bus stops and taxi stands--Designation authority.
10.32.320 Buses--Parking restrictions.
10.32.330 Bus stops and taxi stands--U se restrictions.
10.32.340 Illegal parking--Vehicle owner responsibility.
10.32.350 Legislative intent.
10.32.360 Enforcement--Penalty for violations.
I 10.32.010 Parking--Chapter provisions not exclusive.
The provisions of this chapter imposing a time limit on parking shall not relieve any person
from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified times.
ORDINANCE NO. 1140
350 ."'
10.32.020 Stopping, standing or parking--Exceptions to restrictions.
The provisions of this chapter prohibiting stopping, standing or parking of a vehicle shall
apply at all times, or at those times herein specified, or as indicated on official signs, except when
it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device. I
10.32.030 Stopping, standing or parking--Locations where prohibited.
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with law or the directions of a police officer or traffic-control
device, in any of the following places (no signs are required):
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within fifteen feet of a fire hydrant, except where parking
areas are designated and plainly marked by direction of the
director of public safety;
5. On a crosswalk;
6. Within twenty feet of a crosswalk at an intersection, except
where parking areas are designated and plainly marked by
direction of the director of public safety;
7. Within thirty feet upon the approach to any flashing beacon, I
stop sign or traffic-control signal located at the side of a
roadway, except where parking areas are designated and plainly
marked by direction of the director of public safety;
8. Between a safety zone and the adjacent curb, or within thirty
feet of points on the curb immediately opposite the ends of a
safety zone, unless the director of public safety has indicated
a different length by signs or markings;
9. Within fifty feet of the nearest rail of a railroad crossing,
except where parking areas are designated and plainly marked by
direction of the director of public safety;
10. Within twenty feet of the driveway entrance to any fire station
and on the side of a street opposite the entrance to any fire
station within seventy-five feet of such entrance when properly
signposted, except where parking areas are designated and plainly
marked by direction of the director of public safety.
11. Alongside or opposite any street excavation or obstruction when I
stopping, standing or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge
or curb of a street;
ORDINANCE NO. 1140
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13. Upon any bridge or other elevated structure upon a highway, or
within a highway tunnel;
14. At any place where official signs or markings prohibit stopping
or parking.
I B. No person shall move a vehicle not lawfully under his control into any such prohibited
area or away from a curb such distance as is unlawful.
10.32.040 Stopping, standing, or parking--Prohibited near hazardous or congested areas.
A. The director of public safety is authorized to determine, and designate by proper
signs, places not exceeding one hundred feet in length in which the stopping, standing or parking
of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
B. When official signs are erected at hazardous or congested places as authorized herein no
person shall stop, stand, or park a vehicle in any such designated place.
10.32.050 Standing or parking--Procedure generally--Distance from curb.
No person shall stand or park a vehicle in a roadway other than parallel with the edge of
the roadway headed in the direction of lawful traffic movement and with the right-hand or left-hand
wheels of the vehicle within eighteen inches of the curb or edge of the roadway, except as other-
wise provided in this chapter.
I 10.32.060 Standing or parking--One-way streets.
The director of public safety is authorized to erect signs upon either or both sides of any
one-way street to prohibit the standing or parking of vehicles, and when such signs are in place,
no person shall stand or park a vehicle upon such side in violation of any such sign.
10.32.070 Standing or parking--One-way roadways.
I n the event a highway or street includes two or more separate roadways and traffic is
restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon
the lefthand side of such one-way roadway unless signs are erected to permit such standing or
parking. The director of public safety is authorized to determine when standing or parking may be
permitted upon the lefthand side of any such one-way roadway, and to erect signs giving notice
thereof.
10.32.080 Parking--Additional or temporary regulations.
The director of publ ic safety is authorized to make and enforce such regulations, relative to
I parking:
A. In front of buildings in which any considerable number of persons have assembled or are
expected to assemble, as may seem necessary to assure rapid and safe exit of the assemblage
from such building.
B. On any street, highway or city-operated parking lot for the purpose of permitting construc-
tion, maintenance or any other work on or use of the street, highway or city-operated
parking lot.
ORDINANCE NO. 1140
352
10.32.090 Parking--Signs required.
Whenever by this title or any other ordinance of the city any parking time limit is imposed
or parking is prohibited on designated streets or public parking lots, it shall be the duty of the
director of public safety to erect appropriate signs giving notice thereof, and no such regulations
shall be effective unless said signs are erected and in place at the time of any alleged offense. I
10.32.100 Angle parking.
A. The director of public safety shall determine upon what streets angle parking shall be
permitted, subject to the approval of the city commission, and shall mark or sign such streets.
B. Angle parking shall not be indicated or permitted at any place where passing traffic
would thereby be caused or required to drive upon the left side of the street.
C. Upon those streets which have been signed or marked by the direction of the director
of public safety for angle parking, no person shall park or stand a vehicle other than at the angle
to the curb or edge of the roadway indicated by such signs or markings.
10.32.110 Parking--Prohibited between curb and sidewalk.
It is unlawful to park any vehicle on that portion of any streets lying between the back of
the curbline and the sidewalk edge nearest the curbline, or on any landscaped portion of the city
streets.
10.32.120 parking--Private property restrictions. I
A. No person shall stand or park a vehicle on any private lot or lot area without the
express or implied consent of the owner thereof.
B. Whenever signs or markings have been erected - on any lot or lot area, contiguous or
adjacent to a street, thoroughfare or alley, indicating that no vehicles are permitted to stand or
park thereon, it is unlawful for any person to drive a vehicle across any curb or lot line or over
any driveway from a street or alley into such lot or area for the purpose of standing or parking
such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot area.
10.32.130 Parking--Private signs prohibited without permit.
No person shall erect any temporary or permanent sign or use any other marking or device
for the purpose of limiting, prohibiting or restricting parking upon any public street or highway in
this city unless a permit to so do is first had and obtained from the director of public safety.
10.32.140 Parking--Obstructing traffic prohibited.
No person shall park any vehicle upon a street, other than an alley, in such a manner or
under such conditions as to leave available less than ten feet of the width of the roadway for free I
movement of vehicular traffic.
10.32.150 Parking--Narrow street restrictions.
A. The director of public safety is authorized to erect signs indicating no parking upon
any street when the width of the roadway does not exceed twenty feet, or upon one side of a
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street as indicated by such signs where, in the opinion of the director of public safety, traffic
conditions create a traffic hazard.
B. When official signs prohibiting parking are erected upon narrow streets as authorized
herein, no person shall park a vehicle upon any such street in violation of any such sign.
I 10.32.160 Alleys--Stopping, standing and parking restrictions.
A. No person shall stop, stand or park any vehicle at any time, whether occupied or not,
within any alley in the district which includes and is bounded on the north by Lamme Street, on
the east by Wallace Avenue, on the south by Olive Street and on the west by 7th Avenue, except
temporarily for the purpose of and while actually engaged in loading or unloading.
B. No person shall stop, stand or park any vehicle, whether occupied or not, within any
alley in the city other than in the district described in subparagraph A, in such a manner as to
prevent the free movement of vehicular traffic, or in such a position as to block the driving
entrance to any abutting property except than temporarily for the purpose of and while actually
engaged in loading or unloading.
10.32.170 Parking--Restrictions near schools.
A. The director of public safety is authorized to erect signs indicating no parking upon
that side of any street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
I B. When official signs are erected indicating no parking upon that side of a street adjacent
to any school property, no person shall park a vehicle in any such designated place.
10.32.180 Fire lanes--Establishment--Parking restrictions.
A. The fire chief of the city is authorized to designate, layout and establish fire lanes of
not to exceed twenty feet in width over and across publ ic and private property for access by fi re
equipment to buildings within and to post no parking signs thereon.
B. Parking of motor vehicles within a designated and posted fire lane is prohibited and
motor vehicles in such fire lanes shall be subject to removal therefrom at the owner's expense.
10.32.190 Tow Away Zones--Establishment--Parking Restrictions.
A. The director of public safety is authorized to designate, layout and establish tow away
zones and to post proper signs thereon.
B. Parking of vehicles within a designated and posted tow away zone is prohibited and
vehicles in such tow away zones shall be subject to removal therefrom at the owner's expense.
I 10.32.200 Commercial vehicles--Parking restrictions.
It is unlawful to park any commercial vehicle upon any street for a period of time longer
than one hour; provided, however, than when lawfully and continuously loading or unloading, such
commercial vehicles may remain parked for such time as is necessary to complete such loading or
unloading. Such parking shall be subject to all other and more restrictive provisions of this title
prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at
specified times.
ORDINANCE NO. 1140
354
10.32.210 Vehicles transporting flammable liquids--Parking restrictions.
No tank truck, tank trailer or like vehicle containing or used for the transportation of
gasoline, butane, fuel oil or other highly flammable liquid shall be parked on any street, alley,
park or other public place, nor upon any private property in this city where it would create a
hazard to life or adjacent property, for a period longer than thirty minutes; but this restriction I
upon such parking shall not be construed so as to prevent the delivery of such liquid to retail gas
stations or to private residences or business property, and only for so long as is reasonably
necessary to complete such delivery.
10.32.220 Parking--Prohibited for certain purposes.
No person shall park a vehicle upon any street, roadway or public parking lot for the
principal purpose of:
A. Displaying such vehicle for sale;
B. Di splaying advertising;
C. Washing, greasing or repairing such vehicle, except repairs necessitated by an
emergency.
10.32.230 Large vehicles--Parking restrictions.
It is unlawful for any operator to park a vehicle with a width greater than eighty-four
inches, or a total length exceeding twenty feet, including load, and any vehicle carrying or used
for carrying livestock, upon any street where angle parking is designated unless such driver shall I
hold a special permit from the director of public safety authorizing such parking.
10.32.240 Parking-- Time limited on certain streets.
When signs are erected in each block of any street or highway giving notice thereof, no
person shall park a vehicle for longer than the period of time stated on the sign.
10.32.250 Parking--Maximum time designated.
No person shall park a vehicle for longer than forty-eight consecutive hours at any time
upon a street, alley or highway within the city.
10.32.260 City-operated parking lots--Maximum time designated.
When signs are erected in city~operated parking lots giving notice thereof, no person shall
park a vehicle for longer than forty-eight consecutive hours at any time in the city-operated park-
ing lot.
10.32.270 Loading zones--Designation Authority. I
The director of public safety shall have authority to determine the location of loading zones,
and shall erect and maintain, or cause to be maintained, appropriate signs indicating the same.
ORDI NANCE NO. 1140
3'55
10.32.280 Loading zones--For use by the public.
Any loading zone established by the director of public safety as authorized in this chapter
shall be for the use of the general public, and shall not be restricted to the exclusive use of the
occupants of property adjacent to any such loading zone.
I 10.32.290 Loading zones--Use restrictions.
No person shall stop, stand or park a vehicle for any purpose or period of time other than
for the expeditious loading or unloading of passengers or unloading and delivery or pickup and
loading of materials in any place marked as a loading zone.
10.32.300 Loading and unloading--Backing into curb permitted when.
A. At every pickup and del ivery point in the main business district of the city where
there is an accessible rear entrance, vehicles used for the transportation of merchandise and
materials shall use such rear entrance.
B. No person shall stand or park a vehicle at an angle to the curb for the purpose of
loading or unloading, or for any purpose, when such vehicle so parked or standing extends into
the street or roadway so as to impair the normal flow of traffic, unless a special permit for such
parking or standing is issued by the director of public safety to cover emergency conditions.
10.32.310 Buses--Parking restrictions.
I The driver of a public bus shall not park upon any street in any business district at any
place other than at a public bus stop, except that this provision shall not prevent the driver of
such vehicle from temporarily stopping in accordance with other stopping or parking regulations at
any place for the purpose of and while actually engaged in loading or unloading passengers.
10.32.320 Bus stops and taxi stands--Designation authority.
The director of public safety shall have authority to determine the location of public bus
stops and taxi stands, and shall erect and maintain or cause to be maintained, appropriate signs
indicating the same.
10.32.330 Bus stops and taxi stands--Use restrictions.
No person shall stop, stand or park a vehicle other than a public bus in a public bus stop
or stand, or other than a taxicab in a taxicab stand when any such stop or stand has been officially
designated and appropriate signed, except that the driver of a passenger vehicle may temporarily
stop therein for the purpose of and while actually engaged in loading or unloading passengers,
when such stopping does not interfere with any public bus or taxicab waiting to enter or about to
I enter such zone.
10.32.340 Illegal parking--Vehicle owner responsibility.
If any vehicle is found upon a street, highway or City-operated parking lot in violation of
the ordinances, rules or regulations controll ing stopping, standing or parking of vehicles, the
person in whose name such vehicle is registered shall be responsible for such violation.
ORDINANCE NO. 1140
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3.56,
10.32.350 Legislative Intent.
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 subsections (33), (37), and (58) of
Section 45-2-101, M.C.A. I
10.32.360 Enforcement--Penalty for Violations.
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
B. Every person convicted of a misdemeanor for a violation of any of the provisions of this
chapter shall be punished by a fine of not less than Five Dollars ($5) or more than Three Hundred
Dollars ($300) with the following exceptions:
1. The minimum fine for overtime parking in violation of the
following provisions shall be Two Dollars ($2):
a. Section 10.32.240;
b. Section 10.32.250;
c. Section 10.32.260.
2. The minimum fine for violation of the following provisions
shall be Fifteen Dollars ($15):
a. Section 10.32.030(A) (1) through (6), inclusive; I
b. Section 10.32.030(A) (10);
c. Section 10.32.180;
d. Section 10.32.190.
C. Upon conviction, the court costs or any part thereof may be assessed against the
violator in the discretion of the court.
SECTION II
SAVINGS PROVISION
This ordinance does not affect rights and duties that matu red, penalties that were incurred,
or proceedings that were begun before the effective date of this ordinance.
SECTION III
SEVERABILITY PROVISION I
If any provision of this ordinance is declared unconstitutional, or the applicability thereof to
any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance
and the applicability thereof to other persons and circumstances shall not be affected thereby.
ORDINANCE NO. 1140
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PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana,
this 29th day of August 1983.
I MAYOR
ATTEST:
CLERK OF THE CITY COMMISSION
FINALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
this 12th day of September 1983, and effective thirty (30) days after said date.
MAYOR
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 following Ordinance No. 1140 was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City
of Bozeman, in the issue dated the 18th day of September 1983.
I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office
this 25th day of September 1983.
Clerk of the City Commission
I
ORDINANCE NO. 1140