HomeMy WebLinkAboutOrdinance 83- 1141 Amends 8 10.60.020, vehicle impoundment
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ORDINANCE NO. 1141
AN ORDINANCE OF THE CITY OF BOZEMAN AMENDING SECTION 10.60.020 OF
THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE IMPOUNDMENT OF
VEH I CLES.
PREAMBLE
Section 10.60.020 currently provides for impoundment of vehicles parked illegally I
in a parking meter zone at Subsection A (5). This Subsection must be amended
since the City no longer has parking meters. The amendment also adds a new
Subsection, A(4), regarding tow away zones and deletes former Subparagraph C
which has been superseded by state law.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
That Section 10.60.020 of the Bozeman Municipal Code be and the same is hereby
amended to read as follows:
10.60.020 Impoundment of Vehicles Authorized When--Procedures Required.
A. Members of the police department are authorized to remove a vehicle from a street,
highway or public parking lot to the nearest garage or other place of safety, or to a garage
designated or maintained by the police department, or otherwise maintained by this city under
the ci rcumstances hereinafter enumerated:
1. When any vehicle is left unattended upon any bridge, viaduct or causeway, or in
any tube or tunnel where such vehicle constitutes an obstruction to traffic;
2. When a vehicle upon a street or highway is so disabled as to constitute an ob-
struction to traffic and the person or persons in charge of the vehicle are, by reason of I
physical injury, incapacitated to such an extent as to be unable to provide for its cus-
tody or removal;
3. When any vehicle is left unattended upon a street or highway and is so parked
illegally as to constitute a definite hazard or obstruction to the normal movement of
traffic;
4. When any vehicle is parked in a tow away zone;
5. When any vehicle is parked illegally for a period of more than six hours;
6. When any vehicle is abandoned on any street, highway or public parking lot operated
by the city by not being moved or used for more than seven consecutive days, and such
a vehicle is apparently deserted.
B. Whenever an officer removes a vehicle from a street, highway or public parking lot as
authorized in this section and the officer knows or is able to ascertain from the registration
records in the vehicle the name and address of the owner thereof, the officer shall, within a
reasonable time, make every reasonable effort to ascertain the identity of and to locate the
owner of the vehicle and to give or cause to be given notice in writing to the owner of the fact I
of such removal and the reasons therefor, and of the place to which the vehicle has been
removed. I n the event any such vehicle is stored in a public garage, a copy of such notice
shall be given to the proprietor of such garage.
ORDI NANCE NO. 1141
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c. Before the owner or person entitled to possession of any vehicle removed and impounded,
as provided herein, is permitted to remove the same from the custody of the city, he shall
furnish evidence of his identity and ownership of the vehicle, or right of possession thereto,
shall sign a receipt for the vehicle, or right of possession thereto, shall sign a receipt for the
I vehicle, and shall pay any towing charges incurred by the city in towing said vehicle, and
shall pay such charges for the storage of the vehicle as shall have been incurred by the City
of Bozeman.
D. The payment of such fees and charges, as provided herein, shall not operate to relieve
the owner or operator of such vehicle from liability from any fine or penalty for the violation of
any law or ordinance on account of which such vehicle was removed and impounded.
PROVISIONALL Y, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman this 22nd day of August 1983.
Mayor
ATTEST:
Clerk of the City Commission
I FINALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman this 6th day of September 1983, and effective thirty (30) days after said date.
Mayor
ATTEST:
Clerk of the City Commission
State of Montana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Ordinance No. 1141 was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City,
in the issue dated the 11th day of September 1983, and due proof of such publication is on file
in my office.
I 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
ORDINANCE NO. 1141