Loading...
HomeMy WebLinkAboutEx3ChangestoBMCParkingAugust2017 P (17FIMANMT Page 1 of 6 Parking Services MEMORANDUM. Date: August 7, 2017 To: Bozeman Parking Commission From: Ed Meece, Parking Program Manager Re: Recommended Changes to the Bozeman Municipal Code (Parking) After several months of observation, and research, I have developed a list of meaningful changes that would increase the effectiveness of the Parking Services Division (PSD). I recognize that some of these items represent a significant departure from historical practice, however, I am convinced they will markedly improve the ability of the PSD to provide high quality service to the citizens of Bozeman. The drafting process for the these changes included review by the Treasurer, Assistant City Manager (Winn), Police Department, Code Enforcement, Street Department, and Parking Enforcement Officers; most of their suggested changes are included in the proposed modifications. Likewise, this proposal has been presented to the City Attorney (8/10/17), and I am awaiting his comments. It would be my preference to have the Bozeman Parking Commission approve this proposal by formal resolution, once a final draft is complete, and forward them to the Bozeman City Commission for further action. 36..04.160 — CLARIFY AMBIGOUS LANGUAGE REGARDING TIME FRAME PERMITTED FOR LOADING/UNLOADING Alley 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 Seventh Avenue, except temporarily for the purpose of and while actually engaged in loading or unloading; in any event, not to extend beyond 30 minutes. . 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 subsection A of this section, in such a manner as to prevent the fi•ee 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; in any event not to extend beyond 30 minutes. (Code 1982, § 10.32.160; Ord. No. 1140, § 1, 1983) TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZE MAN MT Page 2 of 6 Parking Services :%F Q4 71 n — rI ARIFV AMRIG0l IC I ANrI IArE REGARDING TIME FRAME -PERM ITT€D-FOR LOAD ING/UN LOAD ING- 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, that when lawfully and continuously loading or unloading within the B-3 Zone, such commercial vehicles may remain parked for such time as is necessary to complete such loading or unloading, in any event not to extend beyond 30 minutes. Such parking shall be subject to all other and more restrictive provisions of this chapter prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. 36..04.280 — CLARIFY AMBIGOUS LANGUAGE REGARDING TIME FRAME PERMITTED FOR LOADING/UNLOADING Loading zones. A.Designation authority. The director of public works 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. B. Public use. Any loading zone established by the director of public works as authorized in this article 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. C. 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, in any event not to extend beyond 30 minutes. 36.04.260 (E) — MODIFY '48 hour' VIOLATION to '72 hour' VIOLATION AND PROVIDE FOR VEHICLE REMOVAL Maximum parking duration designated. A. When signs are erected on any street, alley, highway, or city parking facility, within the city designating a maximum duration for parking, no person shall park any vehicle for longer than the maximum duration posted. B. A vehicle may not return to a parking space in the same block face or within 500 feet of where previously parked on the same block face or to the same city parking facility for a three-hour period. O © O TDD: 406-582-2301 THE MOST LIVABLE PLACE P07FMANMT Page 3 of 6 Parking Services C. Upon expiration of the maximum parking duration as posted, a citation may be issued, in accordance with section 36.04.380,to any vehicle which remains parked or stopped on the same block face unless for vehicles parked on streets, alleys, and highways: I. . The vehicle has moved more than 500 lineal feet, measured along the curb or edge line; 2. The vehicle has moved to an unregulated area in the same block face; or 3. The vehicle has vacated the block face for a minimum of three hours. D. Upon expiration of the maximum parking duration as posted for a city parking facility, a citation may be issued, in accordance with 36,04,, 8o, to any vehicle which remains parked or stopped in the same city parking facility. E. Notwithstanding the foregoing, no person shall park a vehicle for longer than 48 72 consecutive hours at any time upon a street, alley or highway within the city or within a city parking facility, e­Neept--�he Gar-age unless displaying a valid surface lot or garage permit for that same surface lot or parking garage. Following a citation for violation of this section a vehicle must relocate a minimum of five hundred feet, or to the opposite side of the same block. to avoid subsequent citations for the same offense. Immediately following two consecutive citations for violation of this section within a 7 day period, the Parking Program Manager, or their designee may have the vehicle towed. Signs may be erected by the director of public services giving notice thereof. However,the signs are not required. 36.04.350 — NEW LANGUAGE REGARDING SETTLEMENT OF CITATIONS REQUIRED BEFORE PERMIT ISSUANCE Application procedure. Applications for residential parking permits shall be submitted to the city on a prescribed form and shall be accompanied by proof in a form satisfactory to the city of the applicant's place of residence within the residential parking permit only area, as well as proof of registration of use and control of each vehicle for which a residential parking permit is sought. Each application shall be accompanied by the appropriate fee for each vehicle for which a parking permit is sought. No part of the parking permit fees shall be refundable. The amount of the fees shall be established by resolution at the level that covers the cost of administration and enforcement of the residential parking permit regulations in the residential area. A residential parking permit will not be issued to a vehicle with outstanding parking citations, or other fines, fees,or penalties owed to the City of Bozeman. 36.04.360 ( c ) & (g)— CHANGE "Police' TO 'Parking'; CHANGE 'Police' to 'Finance' Montana State University Residential On-Street Parking Permit Regulation Program. 0 TDD: 406-582-2301 THE MOST LIVABLE PLACE BOZ E MAN MT Page 4 of 6 Parking Services C. These regulations will be enforced by the city police Parking department. G. Permits shall be issued by the city polliee Finance department. Permits may be issued for motor vehicles only upon application by a legal resident within the MSU residential district who has a motor vehicle registered in the applicant's name, or who has a motor vehicle for the applicant's exclusive use and under the applicant's control; and satisfying the requirements of section 36.04.350.A and B. 36.04.365 ( c ) & (l;) — CHANGE 'Police' TO 'Parking'; CHANGE 'Police' to 'Finance' Bozeman Senior High School Residential On-Street Parking Permit Regulation Program. C. These regulations will be enforced by the city Poliee Parking department. G. Permits shall be issued by the city pe}iee Finance department. Permits may be issued for motor vehicles only upon application by a legal resident within the MSU residential district who has a motor vehicle registered in the applicant's name, or who has a motor vehicle for the applicant's exclusive use and under the applicant's control; and satisfying the requirements of section 36.04.350.A and B. 36.04.380 ( E ) ( 3 ) — CHANGE 'administrative services' TO "Finance Department' 3. All payments made by a person regarding a notice of a municipal infraction under this article shall be paid only to the city administrcAive ees Finance department. 36.04.380 (G) (5) — CHANGE 'administrative services' to 'Finance Department' 5. Payment by a defendant of any judgment on a municipal infraction entered by the court shall be paid to the city administrative ^ s Finance department. 36.04.380 ( F ) — NEW LANGUAGE NOTICING APPEAL TO MUNICIPAL COURT F.AdministraiNe appeal ofparking citation. Any person cited for a violation of this article may contest the determination that a violation occurred by submitting to the city a notice of administrative appeal of parking citation. The notice of appeal must contain a written statement detailing the appellant's argument that the citation was issued in error and may include photographs, or any other information the appellant wishes to rely upon. The citing employee's 0 TDD: 406-582-2301 THE MOST LIVABLE PLACE MT Page 5 of 6 BOZEMAN Parking Services supervisor,or designee, shall review the information submitted and, within 21 days of submittal of the notice of appeal, the city shall inform the appellant via regular mail with delivery confirmation requested whether the citation is affirmed, modified, or dismissed.if the citing officer's decision is affirmed or modified, the petitioner shall have ten business days from the date of mailing of the decision to pay the penalty. Failure to pay within ten business day period shall result in the assessment of a$20.00 administrative fee which shall be in addition to the penalty. Any person cited for a violation of this article may appeal the results of the administrative appeal process to Bozeman Municipal Court. 36.04.380 (G) (1) — NEW LANGUAGE MODIFYING NOTICE OF MUNICIPAL INFRACTION PROCESS— G. Service of a municipal infraction/notice to appear. I. Once thirty calendar days have passed from the date of final denial of an administrative apReal, b4shed its sub4eFFi-owi-E-a , and citation fees and penalties are is not paid, and no .,a.,.inis`Fati_e- appeal to municipal court has been filed,or _ eal-is-cleiiie i aflt he-penalties and 4�„rt--paid;-the city shall forward the notice of municipal infraction to the municipal court by serving by certified mail the municipal infraction upon the owner of the vehicle at the vehicle owner's last known address in compliance with section 24.02.020. It is the mailing of the certified letter by the city that constitutes service under section 24.02,020 rather than receipt by the defendant. 36.04.XXX — NEW SECTION CREATING TEMPORARY ON-STREET PARKING PERMIT PROGRAM — A. The Parking Program Manager, or their designee may issue a Temporary On-Street Parking Permit applicable to time parking restrictions only, within the B-3 zoning district, according to the following guidelines: 1) Require submission of a permit application that includes: a. Applicant name (business or individual) and contact information b. Client name and address at which construction, moving, or other service is being provided. c. Start and End Date d. Type of service being provided e. Reason the permit is necessary. 2) Only licensed contractors trades and other service businesses, are eligible for a "Temporary On-Street Parking Permit". They must demonstrate a need for access to tools/eq uipment that cannot be stored on the job site. 3) Limit the permit to one vehicle per job site: one space per vehicle. 4) Trailers are not vehicles for this purpose and not eligible for a permit. Q TDD: 406-582-2301 THE MOST LIVABLE PLACE BOZE MAN MT Page 6 of 6 Parking Services 5) Limit the permit to a maximum of thirty calendar days. After which a nevv application must be filed. 6) Permits are issued for no less than one day, with no pro-rating of the fee. 7) Pe►•mits are only for use with on street parking, within the 2 hour pat-kine reran Thaw nra not fnr nca lnrithin nnw nthar nnrlrina area and rin not nrnwirla u ♦.u. •u�,• w�, uv. .va u. ,., vr.uuu � ..�v�u,.. Yw n,..k, ... . t......•.+-.. exemption from other parking regulations. (restricted zone, disabled parking, etc.l 8) Permit must be displayed at all times. as directed, or the vehicle may be cited for Overtime violations. 9) Permits may not be used for any other purpose. or by other organizations or individuals. 10)The Parlcilng Program Manage►• may apply reasonable 'special conditions' as deemed necessary for the permit. 11)All fees must be paid at the time the permit is issued. 12)No discounts for multiple day pul-chases. 36.04.560 — PARKING FOR THE DISABLED -- DEFINITIONS; REGULATIONS -- NEW LANGUAGE AUTHORIZING THE PARKING DIVISION TO ENFORCE — D. Duty to enforce Dwies o Ge y r+f++r rN. It shall be the duty of the Police department, and Parking Services Division, to enforce the provisions of this division, issue citations for the violation thereof, and assist in the prosecution of those persons violating this division. 0 TDD: 406-582-2301 THE MOST LIVABLE PLACE