HomeMy WebLinkAboutEx 2 BPC 11 8 18 Res 2018 09 BMC ChangesIBOZEMAN PARKI NG COM M ISSIONRESOLUTTON 2018-09A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA,RECOMMENDING THAT THE BOZEMAN CIW COMMISSION ADOPT CHANGES TO THE BOZEMAN MUNICIPALcoDE RE!-ATED TO PARKTNG (SECflON 36).WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commissionpursuant to Resolution Numbers L676,1839, 3803; and,WHEREAS, the effective management and enforcement of public parking within the City of Bozemandepends upon clear legal authority; and,WHEREAS, the Bozeman Parking Commission, Parking Services Division staff, and Legal Department,have developed a set of modifications to the Bozeman Municipal Code that enhance public parking managementand enforcement practices within the City of Bozeman;NOW, THEREFORE, BE lT RESOTVED that the Bozeman Parking Commission recommends that theBozeman City Commission review and approve changes to the Bozeman Municipal Code, Section 36, to bepresented for their consideration on November 26,2OI8.PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session heldon the 8th day of November 2018. This resolution shall become effective immediately.Chris Naumann, ChairBozeman Parking CommissionATTEST:Ed Meece, Parking Program ManagerCity of Bozeman
ORDINANCE NO.200xAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA AMENDING CHAPTER 36 ARTICLE 4 OF THE BOZEMANMUNICIPAL CODE TO CLARIFY LANGUAGE AND MODIFYENFORCEMENT PROCEDURES.\VHEREAS, Section 61-12-101(1), MCA, authorizes the City of Bozeman to regulate thestanding and parking of vehicles; andWHEREAS, the City Commission of the City of Bozeman finds that concerns regardingthe public health, safety, and general welfare of the citizens and residents of Bozeman requires theestablishment of ordinances for the orderly parking of motor vehicles upon the public ways of theCity of Bozeman; and\ilHEREAS, the City of Bozeman has adopted numerous provisions included in Chapter36 of the Bozeman Municipal Code to regulate parking; andWHEREAS, the provisions of Chapter 36, Article 4 are enacted pursuant to the power ofthe City of Bozeman to establish and enforce safety and traffic regulations necessary for theprotection of the public under State law.NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THECITY OF BOZEMAN, MONTANA:Section IThat Section 36.04.080 of the Bozeman Municipal Code be amended to read as follows:Sec.36.04.080. - Additional or temporary parking regulations.A. The director of public works is authorized to make and enforce such regulations, relative toparking:ORDINANCE NO.200xPage I of 12
1. In front of buildings in which any considerable number of persons have assembled or areexpected to assemble, as may seem necessary to ensure rapid and safe exit of theassemblage from such building;2. On any street, highway or city-operated parking lot for the purpose of permittingconstruction, maintenance or any other work on or use of the street, highway or city-operated parking lot.the Parking Commission.Section 2That Section36.04.160 of the Bozeman Municipal Code be amended to read as followsSec. 36.04.160. - Alley restrictions.A. No person shall stop, stand or park any vehicle at any time, whether occupied or not, withinany alley in the district which includes and is bounded on the north by Lamme Street, on theeast by V/allace 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,and then only for a period not to exceed thirty (30) minutes.B. No person shall stop, stand or park any vehicle, whether occupied or not, within any alley inthe city other than in the district described in subsection A of this section, in such a manner asto prevent the free movement of vehicular traffic, or in such a position as to block the drivingentrance to any abutting property except than temporarily for the purpose of and while actuallyengaged in loading or unloading, and then onl)' for a period not to exceed thirty (30) minutes.Section 3That Section36.04.260 of the Bozeman Municipal Code be amended to read as followsSec.36.04.260. - Maximum parking duration designated.A. When signs are erected on any street, alley, highway, or city parking facility, within the citydesignating a maximum duration for parking, no person shall park any vehicle for longer than themaximum duration posted.B. A vehicle may not return to a parking space in the same block face or within 500 feet ofwhere previously parked on the same block face or to the same city parking facility for a three-hour period.ORDINANCE NO.200xPage 2 of 12
C. Upon expiration of the maximum parking duration as posted, a citation may be issued, inaccordance with section 36.04.380, to any vehicle which remains parked or stopped on the sameblock face unless for vehicles parked on streets, alleys, and highways:1. 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; or3. 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, acitation may be issued, in accordance with 36.04.380, to any vehicle which remains parked orstopped in the same city parking facility.E. Notwithstanding the foregoing, no person shall park a vehicle for longer than 48 72consecutive hours at any time upon a street, alley or highway within the city or within a cityoarkins facilitv- without a validsurface lot or facilitv permit for such surface lot or facility. Signs may be erected by the directorof public services giving notice thereof. However, the signs are not required.F.The citv or authorized asent of the citv- is authorized to remove or tow a vehicle from aorwlto36.02.020.Section 4That Section36.04.280 of the Bozeman Municipal Code be amended to read as followsSec.36.04.280. - Loading zones.A. Designation authority. The director of public works shall have authority to determine thelocation of loading zones, and shall erect and maintain, or cause to be maintained, appropriatesigns indicating the same.B. Public use. Any loading zone established by the director of public works as authorized in thisarticle shall be for the use of the general public, and shall not be restricted to the exclusive use ofthe occupants of property adjacent to any such loadingzone.C. (lse restricflons. No person shall stop, stand or park a vehicle for any purpose or period oftime other than for the expeditious loading or unloading of passengers or unloading and deliveryor pickup and loading of materials in any place marked as a loading zone and then only for a periodworks.ORDINANCE NO.200xPage 3 of 12
Section 5That Section 36.04.350 of the Bozeman Municipal Code be amended to read as follows with allother provisions remaining unchanged:Sec. 36.04.350. - Residential parking permits.A. Application procedure. Applications for residential parking permits shall be submitted to thecity on a prescribed form and shall be accompanied by proof in a form satisfactory to the city ofthe applicant's place of residence within the residential parking permit only area, as well as proofof 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 parkingpermit is sought. No part of the parking permit fees shall be refundable. The amount of the feesshall be established by resolution at the level that covers the cost of administration and enforcementof the residential parking permit regulations in the residential area. Residential parking permitsowed to the city.Section 6That Section36.04.360.C. of the Bozeman Municipal Code be amended to read as follows:Sec.36.04.360. - Montana State University Residential On-Street Parking Permit RegulationProgram.C. These regulations will be enforced by the city police department and parking servicesdivision.Section 7That Section36.04.360.G. of the Bozeman Municipal Code be amended to read as follows:Sec.36.04.360. - Montana State University Residential On-Street Parking Permit RegulationProgram.G. Permits shall be issued by the city petiee finance department. Permits may be issued formotor vehicles only upon application by a legal resident within the MSU residential district whohas a motor vehicle registered in the applicant's name, or who has a motor vehicle for theapplicant's exclusive use and under the applicant's control; and satisfying the requirements ofsection 36.04.350.4 and B.ORDINANCE NO.200xPage 4 of 12
Section 8That Section36.04.365.C. of the Bozeman Municipal Code be amended to read as follows:Sec. 36.04.365. - Bozeman Senior High School Residential On-Street Parking PermitRegulation Program.C. These regulations will be enforced by the city police department and parking servicesdivision.Section 9That Section36.04.365.G. of the Bozeman Municipal Code be amended to read as follows:Sec. 36.04.365. - Bozeman Senior High School Residential On-Street Parking PermitRegulation Program.G. Permits shall be issued by the city peliee finance department. Permits may be issued formotor vehicles only upon application by a legal resident within the BSHS Residential District whohas a motor vehicle registered in the applicant's n¿une, or who has a motor vehicle for theapplicant's exclusive use and under the applicant's control; and satisfying the requirements ofsection 36.04.350.4 and B.Section l0That Section36.04.370 of the Bozeman Municipal Code be amended to read as follows:Sec. 36.04.370. - Legislative intent.It is the intent of the city commission that the violations listed in this article, except for aviolation of section 36.04.390, are offenses involving ei+il absolute liability and*re-eenside+ed. It is also the intent of the city commission that aviolation of section 36.04.390 is a misdemeanor criminal offense of absolute liability and shall notrequire proof of any of the mental states described in MCA 45-2-10l(33), (37) and (58).Section 11That Section 36.04.380 of the Bozeman Municipal Code be amended to read as follows:Sec. 36.04.380. - Enforcement; penalty for violations;ORDINANCE NO.200xPage 5 of 12
A. Ej!g[_. A violation of this article is+munieþalin*aetie*and shallbe punishable by a eivil penalty and the ei+il penalties shall beimposed as follows:1. The minimum ei+il penalty for parking in violation of section 36.04.180 shall be afine of not less than $50.00 or more than $300.00.2. The minimum ei+il penalty for parking in violation of section 36.04.260(E) shall be afine of not less than $30.00 or more than $300.00.3. The minimum ei+il penalty for parking in violation of section 36.04.030(A)1-15shall be a fine of not less than $50.00 or more than $300.00.4. The minimum ei+il penalty for parking in violation of section 36.04.050 shall be afine of not less than $50.00 or more than $300.00.5. The minimum eivil penalty for parking in violation of section 36.04.250 shall be afine of not less than $50.00 or more than $300.00.6. The minimum ei+il penalty for parking in violation of section 36.04.360 shall be afine of not less than S60.00 or more than $300.00.7. The minimum ei+il penalty for parking in violation of other sections of this articleshall be a fine of not less than $20.00 or more than $300.00.B. Failure to pay. The determining factor with respect to the ei+il penalty is the issuance of thecitation and not the judgment. Failure to pay a citation for violation of this article within sevendays of issuance of the citation results in an additional administrative charge, in addition to thepenalty, of $20.00.C. Violationþr improperly parked vehicle.l. If any motor vehicle is found to be in violation of any provision of this article, thevehicle may be cited for the appropriate parking violation. The ei+a*ien notice of violationshall be in the form of acitation authorized by the City. The city employee issuing the notice of munieipalinfraetien violation shall note the vehicle's license plate or vehicle identification numberand any other information concerning the vehicle that will identiff it and, if the driver isnot present, shall conspicuously affix to the vehicle a notice of the parking violation, oralternatively serve directly on the owner/operator of the vehicle in person or forward thecitation by regular mail rvith delivery eenfirmatien requested te the registered ewner.2. The registered owner of a vehicle at the time the violation occurred shall be liable forallfines,feesandpenaltiesrelated.tothespecificviolationORDINANCE NO.200xPage 6 of 12
3. The registered owner at the time a vehicle is found to be in violation of any provisionsof this article shall remain liable for all violations despite having subsequently sold,transferred, or otherwise conveyed the vehicle.D. Notice of Violation. Emplo)'ees under the supervision of the Parkingthic Artinlcor violations of Title 6lnf the Mnntenc Cnrle Annofafed endSection49-4-702accordance with this section.1. The form of the notice of the violation shall be designated by thecity, but shall contain in substance the following information:a. A statement that the notice of the violation represents adetermination that a violation of this article has been committed by the owner oruser of the vehicle and that the determination shall be final unless contested asprovided by this article;b. A statement that failure to pay a violation may result in immobilization and/orimpoundment of the vehicle for which the owner may be liable for a penalty,administrative fees, including towing, handling and storage costs;c. A statement of the specific provision of this article violated and for which thecitation was issued;d. A statement of the monetary penalty established for the parking violation,including that the violation may subject the owner to additional administrative feesif not paid within ten working days of the date of issuance of the citation; andthe preeedures neeessary te exereise these eptiens,e^Informationo the ownerof the vehicle that he or she mustf theviolation andthetheand request an appeal pursuant to Section 36.04.380.F.2. The notice of violation represents a determination that aviolation has been committed, and such determination shall be finalunless contested as provided herein.3. Nothing herein shall be deemed to invalidate any previous notice or citation issued bythe city regarding a violation under this article.ORDINANCE NO.200xPageT of 12
l, Netiee eÊa mtrnieipal infraetien affixed te a vehiele is net serviee ef the munieipal¡n+aetien as requiivetirne perieds fer paying the munieipal infraetien identified in subseetien F of this seetieninctfinanceandaction ofpayment of a fine to the finance department.E. Response to notice of violation required.1. Any person who receives notice of a violation of this articleshall respond to such notice as provided herein within ten business days of the date of theissuance of the notice, by either paying the penalty set forth in the notice or requesting anadministrativeappealpursuanttosubsectionFofthissection.@iIfthe person receiving notice fails to either pay the penalty or request an administrativeappeal within ten business days, said failure shall result in the assessment of a $20.00administrative fee which shall be in addition to the penalty.2. If the owner of a vehicle cited for a parking violation has not responded to the noticeof@violationwithintenbusinessdaysasprovidedinsubsectionE.lofthissection,thecityshallsendawrittennoticebyregularmail@re$ies+ed to the last known address ofthe registered owner of the vehicle. Such notice shallstate that if the owner of the vehicle does not respond to the notice by either paying thepenalty and administrative fee or by requesting in writing an administrative appeal pursuantto these procedures within ten business days of the date of the notice, the owner shall bedeemed to have waived the owner's right to an administrative appeal and the determinationthat a violation was conìmitted shall be considered hnal. Any person who fails to requestan administrative appeal or pay the fine within the ten business days of the notice describedin this subsection shall be deemed to have refused to pay the fine levied by the citation andshall authorize the city to proceed to collect the fine and all administrative fees in anymanner available to the city.3. All payments made by a person regarding a notice of a municipal infraction under thisarticle shall be paid only to the city adminis+ra+ive+er*iees finance department.F. Administrative appeal of parking citation. Any person cited for a violation of this article maycontest the determination that a violation occurred by submitting to the city a notice ofadministrative appeal of parking citation. The notice of appeal must contain a written statementdetailing the appellant's argument that the citation was issued in error and may includephotographs, or any other information the appellant wishes to rely upon. The citing employee'ssupervisor ("administrative reviewer") shall review the information submitted and, within 2I daysORDINANCE NO.200xPage 8 of 12
of submittal of the notice of appeal, the city shall inform the appellant via regular mail +rithor other communication approved by the appellant, whether thecitation is affirmed, modif,red, or dismissed. If the citing officer's decision is afhrmed or modified,the petitioner shall have ten business days from the date of mailing of the decision to pay thepenalty. Failure to pay within ten business day period shall result in the assessment of a $20.00administrative fee which shall be in addition to the penalty,to collect the fine and all administrative fees in any manner available to the city.G. . Rehearing and Judicial Review.f.ieniente the munieipal eeurt by serving by eertified mail the munieipal infraetien upen the ewnerienIhere shall be a review board withinthe Parking Commission whichshallconsistofthree hearine examiners. but inthe a&ninistativerevier¡rerwhose decision is beine reviewed be included inthe panel.2.no+i€e'of the administrative1rcr¡ieu¡ hnqrrlthin fiftccn l'5\ rlqr¡srer¡ierver's rleferminafinn Thewlreview board shall have the power to review the facts and the law in order to affirm. reverse. ormodifu any original decision for error of fact orlaw.J.h€aring.demonstrate by the statements of witnesses and other evidence that the citation was invalid orthe conduct ofsuch hearings.4.+€8.determines that the officer's presence is required. Ths review board may grant oneORDINANCE NO.200xPage 9 of 12nnstnonement ifthe officer is nof availahleat the time of thehearins-
5. Payment Uy a ¿efen¿ant ef. Determination. Atthe conclusionliable andunproven.a finethe6.AFailure toatand coststhe reviewboard and shall authorize the citv to oroceed to collect the fine and all ad nistrative fees inany manner available to the citv.7. The decision ofthe reviewboard shall be the final decision bv the citv. Anv personassrievedshallfromrevte\¡/and confined to review of the record and questions of law.Section 12That Section 36.05.560.D. of the Bozeman Municipal Code be amended to read as follows:Sec. 36.04.560. - Definitions; regulations.D. Duties to enþrce.It shall be the duty of the police department andparking services division to enforce the provisions of this division, issue citations for the violationthereof, and assist in the prosecution of those persons violating this division.Section 13Repealer.All provisions of the ordinances of the City of Bozeman in conflict with the provisions ofthis ordinance are, and the same are hereby, repealed and all other provisions of the ordinances ofthe City of Bozeman not in conflict with the provisions of this ordinance shall remain in full forceand effect.Section 14ORDINANCE NO.200xPage 10 of 12Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that wereincurred or proceedings that were begun before the effective date of this ordinance. All otherprovisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in fullforce and effect.Section 15Severability.That should any sentence, paragraph, subdivision, clause, phrase or section of thisordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affectthe validity of this ordinance as a whole, or any part or provision thereof, other than the part sodecided to be invalid, illegal or unconstitutional, and shall not affect the validity of the BozemanMunicipal Code as a whole.Section 16Codification.This Ordinance shall be codified as indicated in Section | - 4.Section 17Effective Date.This ordinance shall be in full force and effect thirty (30) days after final adoption.PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana,on first reading at a regular session held on the _ day of2018Cyndy Andrus, MayorATTEST:Robin CroughCity ClerkORDINANCE NO.200xPage ll of12