HomeMy WebLinkAbout11-26-18 City Commission Packet Materials - A4. Ordinance 2013 Provisional, Parking Enforcement Modifications
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ed Meece, Parking Program Manager
Chuck Winn, Assistant City Manager
SUBJECT: Ordinance 2013 provisional adoption, Modifications to the Bozeman Municipal Code related to effective public parking management and enforcement activities.
MEETING DATE: November 26, 2018
AGENDA ITEM TYPE: Action
RECOMMENDATION: I move to provisionally adopt Ordinance No. 2013 amending parking and enforcement provisions of the Bozeman Municipal Code.
BACKGROUND: Over the last several years, staff has identified several sections of the
Bozeman Municipal Code that could be modified to improve the effectiveness of the public
parking system in Bozeman including operations and enforcement. These proposed changes range from codification of existing programs to a re-classification of parking citations from municipal infraction to code violation.
A brief description of the major modifications are as follows:
• Section 36.04.380 Additional or Temporary Parking Regulations: Codification of the
Temporary On-Street Parking Permit Program utilized for decades by the City of Bozeman. This would allow the Parking Program Manager to operate the program according to guidelines established by the Bozeman Parking Commission. This action formalizes the program while maintaining the Parking Commission’s ability to adjust
program guidelines for optimal effectiveness.
• Section 36.04.160 Alley Restrictions and 36.04.280 Loading Zones: Establishes a time period of thirty (30) minutes for loading/unloading. The current language is ambiguous and makes enforcement difficult. Historically, vendors self-define ‘actually engaged in loading
or unloading’ differently and liberally. Prosecution of these citations in Municipal Court
has been due to the lack of a definite time requirement. We believe the thirty minute time limit is adequate and exceeds other benchmark jurisdictions in Montana.1
• 36.04.260 Maximum Parking Duration Designated: Requires that vehicles parked on public streets or parking facilities must move every 72 hours rather than 48 hours in the
current code. This change will continue to promote regular vehicle movement while reducing the amount of enforcement visits necessary prior to removal (4 to 3). By reducing the number of enforcement trips necessary, the Parking Services Division will be able to
1Billings, Butte, Helena, Missoula – twenty (20) minutes for loading and unloading.
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better utilize staff resources to respond to other parking complaints in a more timely and
efficient manner. Additionally, new language clarifies the city’s ability to tow vehicles in violation of this requirement.
• 36.04.350 Residential Parking Permits: Clarifies that Residential Parking Permits will not be issued for vehicles with outstanding parking citations, fines, fees, or penalties. This
requirement is an effective collections tool within the residential parking permit districts.
• 36.04.380 Enforcement; penalty for violations: In order to remove the administrative and judicial burdens imposed when parking citations are classified as municipal infractions, new language reclassifies parking citations as code violations instead. This includes
removing the certified mail requirement, creating a second level of administrative review
(appeals), and clarifying the city’s ability to use all methods available for the collection of outstanding fines and fees. Changes to Part (D) clarify the ability of both the Police Department and Parking Services Division to issue parking citations on a community wide basis; codifying City Commission Resolution No. 4223 to the same effect.
FISCAL EFFECTS: No additional costs are anticipated with these changes. We do expect
small revenue increases as a result of improved citation collection in municipal court.
Attachments:
Exhibit A: Ordinance No. 2013 Exhibit B: Temporary On-Street Parking Permit Program (BPC: March 3, 2018) Exhibit C: Bozeman Parking Commission Resolution 2018-09 Exhibit D: Bozeman City Commission Resolution No. 4223
Report compiled on: November 15, 2018
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Page 1 of 12
ORDINANCE NO. 2013
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 36 ARTICLE 4 OF THE BOZEMAN MUNICIPAL
CODE TO CLARIFY LANGUAGE AND MODIFY ENFORCEMENT PROCEDURES.
WHEREAS, Section 61-12-101(1), MCA, authorizes the City of Bozeman to regulate the
standing and parking of vehicles; and
WHEREAS, the City Commission of the City of Bozeman finds that concerns regarding
the public health, safety, and general welfare of the citizens and residents of Bozeman requires the
establishment of ordinances for the orderly parking of motor vehicles upon the public ways of the
City of Bozeman; and
WHEREAS, the City of Bozeman has adopted numerous provisions included in Chapter
36 of the Bozeman Municipal Code to regulate parking; and
WHEREAS, the provisions of Chapter 36, Article 4 are enacted pursuant to the power of
the City of Bozeman to establish and enforce safety and traffic regulations necessary for the
protection of the public under State law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 36.04.080 of the Bozeman Municipal Code be amended to read as follows:
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Sec. 36.04.080. - Additional or temporary parking regulations.
A. The director of public works is authorized to make and enforce such regulations, relative to parking:
1. In front of buildings in which any considerable number of persons have assembled or are expected to assemble, as may seem necessary to ensure rapid and safe exit of the assemblage from such building;
2. On any street, highway or city-operated parking lot for the purpose of permitting construction, maintenance or any other work on or use of the street, highway or city-
operated parking lot.
B. The parking program manager is authorized to administer the temporary on-street parking permit program within the B-3 zoning district in accordance with guidelines established by the parking commission.
Section 2
That Section 36.04.160 of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.160. - 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, 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 in the city other than in the district described in subsection A of this section, 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, and then only for a period not to exceed thirty (30) minutes.
Section 3
That Section 36.04.260 of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.260. - Maximum parking duration designated.
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Ordinance 2013, Amending Parking Management and Enforcement Provisions
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.
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:
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; 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 36.04.380, 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, except for the Downtown Bridger Park Garage, unless displaying without a valid surface lot or facility permit for such surface lot or facility. Signs may be erected by the
director of public services giving notice thereof. However, the signs are not required.
F. The city, or authorized agent of the city, is authorized to remove or tow a vehicle from a street, alley or highway within the city or within a city parking facility pursuant to section 36.02.020.
Section 4
That Section 36.04.280 of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.280. - 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.
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Ordinance 2013, Amending Parking Management and Enforcement Provisions
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 and then only for a period not to exceed thirty (30) minutes, or for such period of time as established by the director of public
works. Section 5
That Section 36.04.350 of the Bozeman Municipal Code be amended to read as follows with all
other provisions remaining unchanged:
Sec. 36.04.350. - Residential parking permits.
A. 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. Residential parking permits will not be issued for vehicles with outstanding parking citations, or other fines, fees, or penalties
owed to the city. Section 6
That Section 36.04.360.C. of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.360. - Montana State University Residential On-Street Parking Permit Regulation Program. C. These regulations will be enforced by the city police department and parking services division.
Section 7
That Section 36.04.360.G. of the Bozeman Municipal Code be amended to read as follows:
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Ordinance 2013, Amending Parking Management and Enforcement Provisions
Sec. 36.04.360. - Montana State University Residential On-Street Parking Permit Regulation Program. G. Permits shall be issued by the city police 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.
Section 8
That Section 36.04.365.C. of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.365. - Bozeman Senior High School Residential On-Street Parking Permit Regulation Program.
C. These regulations will be enforced by the city police department and parking services division.
Section 9
That Section 36.04.365.G. of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.365. - Bozeman Senior High School Residential On-Street Parking Permit Regulation Program.
G. Permits shall be issued by the city police finance department. Permits may be issued for
motor vehicles only upon application by a legal resident within the BSHS 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.
Section 10
That Section 36.04.370 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 a
violation of section 36.04.390, are offenses involving civil absolute liability and are considered
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municipal infractions under chapter 24, article 2. It is also the intent of the city commission that a violation of section 36.04.390 is a misdemeanor criminal offense of absolute liability and shall not require proof of any of the mental states described in MCA 45-2-101(33), (37) and (58).
Section 11
That Section 36.04.380 of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.380. - Enforcement; penalty for violations; designated as municipal infractions.
A. Municipal infraction/fines Fines. A violation of this article is a municipal infraction and shall be punishable by a civil penalty as provided in section 24.02.040 and the civil penalties shall be imposed as follows:
1. The minimum civil penalty for parking in violation of section 36.04.180 shall be a
fine of not less than $50.00 or more than $300.00.
2. The minimum civil penalty for parking in violation of section 36.04.260(E) shall be a fine of not less than $30.00 or more than $300.00.
3. The minimum civil penalty for parking in violation of section 36.04.030(A)1—15
shall be a fine of not less than $50.00 or more than $300.00.
4. The minimum civil penalty for parking in violation of section 36.04.050 shall be a fine of not less than $50.00 or more than $300.00.
5. The minimum civil penalty for parking in violation of section 36.04.250 shall be a fine of not less than $50.00 or more than $300.00.
6. The minimum civil penalty for parking in violation of section 36.04.360 shall be a
fine of not less than $60.00 or more than $300.00.
7. The minimum civil penalty for parking in violation of other sections of this article shall 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 civil penalty is the issuance of the
citation and not the judgment. Failure to pay a citation for violation of this article within seven days of issuance of the citation results in an additional administrative charge, in addition to the penalty, of $20.00.
C. Municipal infraction Violation for improperly parked vehicle.
1. If any motor vehicle is found to be in violation of any provision of this article, the
vehicle may be cited for the appropriate parking violation. The citation notice of violation
shall be in the form of a notice of municipal infraction pursuant to chapter 24, article 2 citation authorized by the city. The city employee issuing the notice of municipal infraction violation shall note the vehicle's license plate or vehicle identification number
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and any other information concerning the vehicle that will identify it and, if the driver is not present, shall conspicuously affix to serve the citation by placing on the vehicle a notice of the parking violation, or alternatively serve directly on the owner/operator of the vehicle in person or forward serve the citation by regular mail with delivery confirmation requested
to the registered owner.
2. The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties related to the specific violation or to previous violation which the registered owner has not paid.
3. The registered owner at the time a vehicle is found to be in violation of any provisions
of this article shall remain liable for all violations despite having subsequently sold,
transferred, or otherwise conveyed the vehicle.
D. Notice of municipal infraction Violation. Employees under the supervision of the parking manager and under the supervision of the chief of police are authorized to provide enforcement of parking regulations and issue related notices of violation for parking violations as set forth in this
article or violations of Title 61 of the Montana Code Annotated, and Section 49-4-302, Montana
Code Annotated. Employees under the supervision of the parking manager and under the supervision of the chief of police are authorized to immobilize and\or impound a vehicle in accordance with this section.
1. The form of the notice of the municipal infraction violation shall be designated by the
city, but shall contain in substance the following information:
a. A statement that the notice of the municipal infraction violation represents a determination that a violation of this article or other parking prohibition has been committed by the owner or user of the vehicle and that the determination shall be
final unless contested as provided by this article;
b. A statement that failure to pay a violation may result in immobilization and/or impoundment 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 the citation 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 fees if not paid within ten working days of the date of issuance of the citation; and
e. A statement of the options provided herein for responding to the notice and
the procedures necessary to exercise these options.
e. Information advising the owner of the vehicle that he or she must admit the
violation and pay the penalty set forth in 36.04.380.A, or deny the violation and
request an appeal pursuant to 36.04.380.F.
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2. The notice of municipal infraction violation represents a determination that a municipal infraction violation has been committed, and such determination shall be final unless contested as provided herein.
3. Nothing herein shall be deemed to invalidate any previous notice or citation issued by
the city regarding a violation under this article or other parking prohibition.
4. Notice of a municipal infraction affixed to a vehicle is not service of the municipal infraction as required by chapter 24, article 2. Service of a municipal infraction in compliance with section 24.02.020 is not required until a notice of municipal infraction has
not been paid within the time periods established in this article or if an administrative
appeal made pursuant to subsection F of this section has been denied or modified and the time periods for paying the municipal infraction identified in subsection F of this section have run. Service of a municipal infraction for violations of this article shall be made in compliance with subsection G of this section. The original citation must be filed with the
city finance department and may be disposed of only by official action of the city or by
payment of a fine to the finance department.
E. Response to notice of municipal infraction violation required.
1. Any person who receives notice of a municipal infraction for a violation of this article shall respond to such notice as provided herein within ten business days of the date of the issuance of the notice, by either paying the penalty set forth in the notice or requesting an
administrative appeal pursuant to subsection F of this section. Within ten business days iIf the person receiving notice fails to either pay the penalty or request an administrative appeal within ten business days, said failure shall result in the assessment of a $20.00 administrative 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 notice
of municipal infraction violation within ten business days as provided in subsection E.1 of this section, the city shall send a written notice by regular mail with delivery confirmation requested to the last known address of the registered owner of the vehicle. Such notice shall state that if the owner of the vehicle does not respond to the notice by either paying the
penalty and administrative fee or by requesting in writing an administrative appeal pursuant
to these procedures within ten business days of the date of the notice, the owner shall be deemed to have waived the owner's right to an administrative appeal and the determination that a violation was committed shall be considered final. Any person who fails to request an administrative appeal or pay the fine within the ten business days of the notice described
in this subsection shall be deemed to have refused to pay the fine levied by the citation and
shall authorize the city to proceed to collect the fine and all administrative fees in any
manner available to the city.
3. All payments made by a person regarding a notice of a municipal infraction violation under this article shall be paid only to the city administrative services finance department.
F. Administrative appeal of parking 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
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Ordinance 2013, Amending Parking Management and Enforcement Provisions
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 supervisor (“administrative reviewer”) 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 or other communication approved by the appellant, 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 or other approved communication 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, and shall authorize the city to proceed to collect the fine and all administrative fees in any
manner available to the city.
G. Service of a municipal infraction/notice to appear. Rehearing and Judicial Review.
1. If, within the timelines established in subsections E and F of this section, the citation is not paid, if no administrative appeal is filed, or if the administrative appeal is denied and the penalties and fees are not 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. There shall be a review board within the parking commission which shall consist of three hearing examiners, but in no event shall the administrative reviewer whose decision is being reviewed be included in the panel. 2. The service shall clearly state the date, time, and location at which the person must appear before the municipal court. In addition, the notice shall state the date of the original
citation, the nature of the violation, the amount owed, including any administrative fees, and
a statement that the notice of a municipal infraction for a parking violation has not been paid and the person must therefore appear before the municipal court. Finally, the notice must state that failure to appear may result in an entry of judgment against the party named on the notice. A request for review of a decision of an appellate reviewer shall be submitted to the
review board within fifteen (15) days of the administrative reviewer’s determination. The
review board shall have the power to review the facts and the law in order to affirm, reverse, or
modify any original decision for error of fact or law.
3. The court may consider the parking citation and any other written report made under oath by the issuing city employee in lieu of the issuing employee's appearance at the hearing. Procedure. The hearing shall afford a reasonable opportunity for person(s) to demonstrate by the statements of witnesses and other evidence that the citation was invalid or unjustified. The review board shall establish the necessary rules and regulations regarding the conduct of such hearings. 4. Upon a finding that the defendant committed the violation by the municipal court judge, the decision shall be final, without right of appeal, in accordance with MCA 25-30-108. Appearance of Officer. The officer or other person authorized by the city who issued the notice of violation shall not be required to appear at the hearing unless the review board determines that the officer's presence is required. The review board may grant one postponement if the officer is not available at the time of the hearing.
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Ordinance 2013, Amending Parking Management and Enforcement Provisions
5. Payment by a defendant of any judgment on a municipal infraction entered by the court shall be paid to the city administrative services department. Determination. At the conclusion
of the hearing, the review board shall immediately render a decision, either finding the person
liable and assessing a fine pursuant to Section 36.04.380.A. or declaring the violation
unproven.
6. Failure to Appear. Failure of the appellant to appear at a hearing when required to
appear shall constitute an admission of the parking violation and shall subject the person
charged with the violation to the appropriate fines and costs assessed by the city acting
through the review board and shall authorize the city to proceed to collect the fine and all
administrative fees in any manner available to the city.
7. The decision of the review board shall be the final decision by the city. Any person aggrieved
by a decision may file a petition for judicial review in a court of competent jurisdiction. An appeal must be brought within thirty (30) days from the date of the decision of the review board,
and confined to review of the record and questions of law.
Section 12
That Section 36.05.560.D. of the Bozeman Municipal Code be amended to read as follows:
Sec. 36.04.560. - Definitions; regulations.
D. Duties of the police department to enforce. 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. Section 13
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
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Ordinance 2013, Amending Parking Management and Enforcement Provisions
Section 14
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 15
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 16
Codification.
This Ordinance shall be codified as indicated in Section 1 – 12.
Section 17
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2013, Amending Parking Management and Enforcement Provisions
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 26th day of November, 2018.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 10th day of
December, 2018. The effective date of this ordinance is January 9, 2019.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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.r Iti:r (':' l:lJt/'Porking ServicesApproved by Bozeman Parking Commissio n' 3 / I l20t8MTIt is the intent of the Bozeman Parking Coor equipment to temporarily park in a tisubject to the time limit restriútions.long-term parking provisions for aotÌ¡erwise provide for their own pabusiness necessity.1] Require submission of a perrnit application that includes:a. Applicant name lUusinessãr individuaf and contact informationb. client name and address at which consüructio¡, movitlg' or otherselvice is belng Provided.c. Start and End Dated. Tþe ofservice being Providede. vãtricte License Platc Number, as applicable'f. Reasonthe Permltis necessary'Z) Licensed contractoìs, trades, t"ã-æfi.t sen¡ice businesses, are eligible for a'Temporary On-SFeet Parking Permif. LÍkewise, the Parking. ProgramManager may issue these p"ttttitt for other uses as well; example, movingtrucks, tour buses, sPecial event e3) Limiæd to one Permit4) A permit holder mustTraffic Control Device'ieserve' specific ParHng sPace[s).inches high, in good condÍtion, madcopy'of the valÍd PermiL5) The permit may be issued for a marimum of thirty calendar days' After whicha nevv apPlication must be ñled.6) Permits are onlY for use withparking areas, during the Posteduse within anY other Parking areother parking regulatÍons (restrperrnit does not entftle thecommercial activitY not othvending).7) Permlt lnust be displayed at all times, as directed, or the vehicle may be ciædfor Overtime vÍolations.(@ eOf urr olivr'Slrct'l i @t'.O fìor 1?30Oozenrort, li'll 59trl ¡230i @ 4ob 58? ?eo3trv,'v; ll o¡ t'ttttllì.f lf'lfDD: 406-582-2301THE MOST TIVABLE PLACE279
Approved by Bozeman Parking Commissio n, S ft l2otaF, (.) Z. I l"r /-', l! t'Porking Services8J PermiB may not be used for any purpose, otler than that purpose stated inthe permit ãpplication, or by organizations or individuals not listed on thepermit application.9) The Parking Program Manager, andr/or their designee will review andapprove all-permít applicatiois. The Þarking Program Manager may applyräåsonaUle ipecial óonditions' as deemed necessary for the permiL Forexample, the Parking Program Manager may makg the permit 'locationspeciñc'; requiring thãvehiðle to park iña certain block face or space(s)'Fee SEucturelJ Daily rate of $20 for single space pcrmits; based ona24foot linear parkhg- "p"ã"-f.¿,¡dditional ?4 feet -ot+ortion tþereo[ results inAn.additional $?0fee.Forexample:vehicle/item 25 fuet long would require a $40 fee'vehicle/iæm 49 ftet long would require a $60 fee'2) Fees are charged on a per day basis, with no pro-rating of fees.3) No discounts for multiple day purchases.+) AU fees must be paid at the time the permit is issued'aAb.A@ ZO tosl Olivc Slrcctì @ aoo ssz-zso: i@P.O. Box ?230flozemon. ¡{tt 597 7 l'1230t,,,vl t'v.bo¿ ('nton lìt' ItDD: 4O6-582'23O'lTHE MOST IIVABI.E PLACE280
Porking ServicesBCT.EMAN''TEMPORARYON STREET PARXING PERìIIT APPLICATION ßrtznstDate:Paid:Phone Numben Email:Appltcant Name & Address:StartDateofPermÍt / / EndDaæofPer:rnit: | | (lÍm¡ts0datß)Reason forfob Slte Narne &Addness:¡æneth of Space Requested (total linearDrawings or otl¡er Supplemental lnforrnation Atached? Yes NoSpeclal Condltions of Permit [ParHng Prrogram Manager ONLY):Rules:¡ TlreOn SùlGt Pe¡ldry Permlt hrs a dallYÊc of $20.00, b¡sed o¡ z 21 foot ll¡eerÐåce.no pro-rating arallable,¡ Linited to one ,ob slÞ, or desdnadon f¿c{llty.r The permtt may be lssued for a madmum of thirty calendar days'o A permitholder must(MUTtD),llke barrlcadevices mustbe atleaa cupy of the rnlld PermtL¡ Permits are only for use wlth on streetwithin any other parklng a¡ea, and do(restrtcæd zone, d¡sabled parklng eæ.)retall or other comme¡thl åcüUtfnot oUrerwiie granted by clty permlt (er, moblle vendlng)' -o Permlt must be dlsplayed at all times, as dlæcted, or dre ræhlcte. equlpmen¡, may be dEd br Overtimevlolaüons.r permlts may not be used for any other purpose, or by other organtzatlons or indivlduals'I agrce o fotbw tte nrles tlatgovern the use of rempor¡r)' on-st¡¡et ParHog-Perrnlts AND all otber parldng reguladonsoiıe Cnyãi¡or¡man.¡ re¡izel-ip"*ttih"ldt**t[ bet¡t¿d,tfall ruhsand æSrlrdonsarrnotbllorved'Applicant Name (print) & SignaureDateApproval SignahrrcTDD: 40ó-582-230ìDateTHE MOST TIVABTE PLACEP O Bo¡ 1230Eozcnrotr. l'l'T':!t71 1 123Q20 Lost 0[rvc SlrccI406 5t ) 290?t',rt,;r',, [¡OZt'nlO rr tl( [281
BO ZEr4A,N"'Porking ServicesPO Uo¡. 1730Sozcn.crn l"1l 59 t-11-1230€) qoo '¿82 291)1 'r'rrrv,'t)ozr-rrllorì rìcl@2C Lcr 't Ollr',. Strcc'tÌDD: 40ó-582-2301THE MOST TIVABLE PTACE282
DBOZEMANPARKING COMMISSIONRESOLUT¡ON 2018.09A RESOLUTION OF THE PARKING COMMISS¡ON OF THE CITY OF BOZEMAN, MONTANA'RECOMMENDING THAT THE BOZEMAN CITY COMMISSION ADOPT CHANGES TO THE BOZEMAN MUNICIPATcoDE REIATEDTO PARKING (SECTION 361.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 aset of modifications to the Bozeman Municipal Code thatenhance publieparking managementand enforcement practices within the City of Bozeman;NOW, THEREFORE, BE lT RESOLVED 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 26,20t8.PASSED AND ADOPTED by the Parkingof the City of Bozeman, Montana, at a session heldon the 8th day of November 2018. This resolutionabecome effective im mediatelY.Chris Naumann, ChairBozeman Parking CommissionAEd Meece, Png Program ManagerCity of Bozeman283
COMMISSION RESOLUTION NO. 42;l:lA RESOLUTION OF THE CITY COMMIS$ON OF TIIE CIIY OF BOZEMAN,MONTAI{A, TNCORPORATING ALL FINDINGS AND AGnEEMENTS IN AMEMORANDTm OF I'NDERIITÁ,NIUNG AND AGREEMENT (MOU) RE¡çARDINGPARIüNG REGUI./ITION EIIIInORCEMENT BET.WEEN THE PARIflNGcÍ)MMtsstoN AND cmy coMMIssIoN, AUTtrORrzINc TlrE crTY MANAGERTO SIGN TIIIS MOU ANI' AGREEMENT AI{D AI'OPTING TIIE FINAL SIGNEI)MOU.vestÊd the auaborþ by thc City Conm¡ssion to "Ìcgr¡ldc o¡r-st¡eet parting urùen it rcm¡ins inuse, in coordi¡fion with off.st¡cet pating, sub,iect to tr¡ffic regulations imPosed by the statc:"8ndIilHEREAS, 07-t¿L4628 aúhodzcs fu Ps*ing Con¡¡ission to iss¡c rcgulatios fq m-srrcet pafting rclatcd to thc dacminariou of parking loc¡tions. vciablc @ing dr¡dions.r¡¡riable perting ratc scheùrles. md cnforccmcnt policies md proc*durcs; andIVHEREAS, tbc Bozeor¡n Cþ Corrrmission has jr¡ris¿ig'tim çg¡ding pükiqgørforccmcnt in all orlrcr a¡¡as ofthe C,ity: ¡ndIVHEREAS, rb City Conr¡¡rission and Ps*ing Cmmission of tbe City of Boæn¡n ftndthar concer¡rs regarding tbc public heltb, safcty, md gareral welfare of the citízËos a¡rd residcotsof Boærran requires tbe ælablishment of ordfur¡nces for the ordcrly pcki¡g of motor veticlesupon thc public ways ofthe City of Bozeman: andI of4284
IyHEREAS, rhe City of Bozc¡nan bas adoptcd Dumenrus provisions included in Ti¡lc l0of the Boz¡rnan Mr¡nicipal code to regulaæ parking^ including the issr¡ance of frres forviolatio¡s; a¡dWIÍEREAS. thc City Cqnmission anrl Parting'Conmission frtd thÊ issru¡cc ofcit¡tíons to those nùo violare ihe pa¡fbg ordinanccs of tbc City of Bozcrnan and the proccssingof citaims nr¡st bc dmÊ in a ma¡ncr ùat atrolds adequate ilue pmcess to allcgcd violaors: endSIHEREAS. fhe Cþ Cmmi¡sion aod Parking Cornmiss¡ìur $ryptl th¡t consííEd gndåir cnf,omcnt fhmugþorn rhe City of Bomm is inporta¡t to dcûøsfrtc t€spmshltncss tonot jrsr viol¡tors. brn 16 provido aoeess to ffce Pdlßi¡g. ¡d6dify and ad¡klss unsafc paflßing aûdwo* collectively to contol or rtmovc vebicles from bolh on:É:treet ud off-sfrect pa*ing th¡t¡¡e hindrmces to üaff¡c flow or st¡ect fmiñÊoancc' n¡ch ¡s lc¡f md mow rtoov¡b mdIITIIEREAS. h 200g, È" city of Bo¡æurar md Pafldng couuni¡sim agrEed to thocægtíon of a npervisøy position, hercinafrcr rcfcrred to as Puting Ma¡ger''thAt would serveas a rryrcscutdirrc of tbe pding Cørissim, undcr dircct srrycruls¡on atd oPcrüiooal oontolof tbe Pafting Cqnnissio¡. md utto would nrpcrvise pcrso¡ncl and opcrdous spccific to thepat¡qg gú¡ge a¡d to issucs ¡w¡rdiqg the t¡ltEc P&kiftg di*rias: ¡ndWHEREAS. Ém to 20t0. ofñcials hir€d to cnforce rcgulations in tttc thtls Pûrkingditrit'ts. as well as orúsftb of thê tbrce pa*ing rti¡nísb. havc conductcd thts cnforçocot undcfd¡rcst opefatimal cmürol ud sr¡pcrv¡si,on oftbc Dçpu1m¡nt of Public Saftty'PolicC and. WHEREAS. afrcr Jmuary 1. æ10, thcse officials wÍll fatl uder direct npcrvisioo of thcPrkingùfm¡gÊri 8d2of 4285
IVHEREAS. policc offrccrs and enrployees under direct operarional and supenrision ofthe Dcpartrrent of Public-safcty Policc h¡ve assisted in enfortcm. eot of pcting regulations in alla¡eas of the City, to iæludc inside the tluce parking ¡listicts. particularly during bor¡rs whcnpaddng officcrs arËnot available: mdIVHEREAS. the City Commissim recognizes rbe imporrance of umrking incoll¡bo¡ation to sh¡¡c limitcd rcsrrußrs md povidc consistcnl fair Eod timply rEspollsc toprking oomplaints or eoforccmqrr ofpulting rcgulations; andIVHEREAS. ùe City Cor.rnissio snt lhc Pa¡tdDg Comission dcsirc to afto¡izcønplryecs of ú¡c City of Bomm r¡rdcrrtcurycrvision of citbcrtftt pt*log l¿s¡¡gFr clbeChief of Policc (Deparurcot of Public Sofcty-Police) to have authøity to coforcc all pa*inglaun cr¡rufrøc within the City of Bozeman regardless of the jurisdiøion ofthe City Commissionor tbs Pating Cmmissioq ad1VHEREAS. the Cfty Cs¡n¡nission rccOgnlæs tb d ûo srpport sÌtûÊd authcíty tocnforce pr*ing rcgulaions þ incorporaing dl fmdfurgs and agrccoùts h a Momcsrdr¡nofU¡dcær¡n¡ting ¡rd Agrccorent rcSprding parldng regrrl*ion enforwrsrt benween ths PadùgCornmission'and City Comnissio¡.NOW THEREFTORE BE IT RESOLVED, ú4 rhe city cormission hcrrby adoPûs üearschcd Memor¡od,r¡m oflJnder¡ta¡rding and Agrcemcût u'ith thp Boæm Pr¡tiagConmission (Aüacùnen A) and a¡nhodræs thc Cþ l"lauagcf to sip said Agrsmeot.3 of4286
PASSED Al{D â,DOPÎEID byihe CityQonmission of the City of Bozcrnan' Moutna' at arcgular scssionlbcrcof onthe / aay of Dcccnrbcr.2009'I(AARENMEtorAPPROVED AS TO FORM:SUI.LWAI{CityAnroeYaara.co.4 ol4287
ATTACHMENT A - RESOLUTION 4223MEMORANDUM OF UNDERSTANDING AND AGREEMENTPARKING'REGULATI O N ENFORC EM ENT BETWEEN B OZEMAN PARKI NGCOMMISSION AND BOZEMAN CITY COMMISSIONTHIS Memorandum of Understanding and Agreement is made and cntered into this -!- day ofDecember2009 by and between THE BOZEMAN CITY COMMISSION, Bozema¡LMontana, hereinafter referred to as the "Cþ C.ommission" and THE BOZEMAN PARKINCCOMMISSION, hereinafter refered to as the "Parking Commission."WHEREAS, $61-12-101(l), MCA, authorizes the City of Bozeman to regulate thestanding and parking of vehicles; and\ryHEREAS, Titþ ?, Chpt. 14, Part 46, MCA, authorizes the Bozcman cþ commissbnto cr€ate a Parking Commission which was done and whose potvers a¡e crpded pursuant toResolutions 1676,1839,3803, and 39?6 and related Ordinances 1345,1376,1388, 1536, 1542,1579; andWHEREAS, $?-14-4607, MCA states that in any suit, action, or proceeding by oragainst or in any m¡nner relating to a parking commission, the commission shall be conclusívelydeerne,j to h¡ve become est¿blished ald authorized to transact business and exercise its powemupon proof of the adoption of a resolutíon by the legislative body declaring the need for thecommission to fr¡nction.WHEREAS, ç7-144608, MCA, states the rpsolutions creating a parking commission"shall clearly speciry arcas within the cþ... over which the commission and tlre cþ,rcspectiyely, artto haveþisdiction and control; andIVHEREAS, pursuant to cig Resolution 3803, ttrc Bozeman Parking Commission hasjurisdiction over thrce parking districts: the downtown B-3 Z-oning District" the Mont¡na StCcUniversity Residential Parking District, and the Bozem¡n High School Rcsidential ParkingDistrict; andWHEREAS, ç7-144622(7), MCI\ authodzes the Parking Commission, having beenvested the authority by the City Commission" to aegulate onstreet parking when it rernains inuse, in coordination with offstreet parking, subjoct to traffrc rcgulations imposed by the stateÍ'and\I,HEREAS, g7-14/¡628 authorizcs the Parking Commission to issue regulations foronstrcef parking related to the determinæion of parking locations, variablc parking durations,variable parking rate schedules, and enfrrcement policies and procedures; and155288
WHEREAS, the Bozeman city commission has jurisdiction regarding parkingenforcement in all other areas of the City; andWHEREAS,Commission and Citof effort or exP€nse' --.2^^^--r G"^ir,*iao ^f th¡ ¡.itv nrennins d( gineer, tlrccommission, ûo the serviccs a|d facilities of tlæ city planning department, the city en¡;il;;d;;;r f'e department, and such other departnrents and ofüces ofthe city as maybe appropriate therefore.WHEREAS,that concerns regardof Bozeman requireuponthe public ways ofthe City of Bozernan; andWHEREAS,thecityofBozemanhasadoptednumefousprovisionsincludedinTitlel0of the Bozeman Municipal Code to regulæe Parkiftg, including the issua¡rce of fincs forviolations; andìVHEREAS, the City Commission and Parking C nsto those who violate ttre parking ordinarrces of ttp C ofcitations must be done in a nranner that affords adequateIVHEREAS, the Cþ Commission andfair enforcement throughout the City of Bozcnot just viotators, but to provide aoeess to free pwork colloctively to cor¡trol or t€move vehiclesare hindrances to trafüc flow or street maintenånc¡e' such as leaf and snow rcfnoval; andWHEREAS, ió 2008, the cÛy of Bozeman and Parking c'ommission agreed to tlrecreation of a supervisory pOsition, hereinafter referred to as Parking Manager' th¡t wouH serveas a rcprescntative of the Parking Commission, under dir€ct supervision and operational controlof the Parking CommissiorU ard who would supervise personnel and opcrations specific to theparking garage and to issues regarding tþ thr€e parking districts; andWHEREAS, prior to 2010, ofticials hired to cnforce regulations in the three parkingdistricts, as well as or¡tside of the tt[ee parking districts, haveconducted thís enforcement underdireot operation¿t controland supcrvisbn ofthe Deimrtment of Public Safety-Police; andWHEREAS, after January l, 2010, these officials will fall under dif€ct supervision ofthcParking Manager; andWHEREAS, police ofücers and emplöyees under direct operational and supervision ofthe Department of public-safety police tave assistø in enforccment of parking regulations in all156289
areâs of the Cit¡ to include inside the three parking districts, partbularly during hours whenparking offtcers are not available; andIVHEREAS, the City Commission and Parking Commission recognize the importance ofworking in coltabbration to share limited rcsm¡rces and provide consistent, fair and timelyresponse to parking comptaints or enforcenænt of parking regUlations; andWHEREAS, the City Commission and the Parking C.ommission desirc to authorizeemployees of the City of Bozeman under the supervision of either the Parking Manager or theChief of Police (Department of Public Safety-Police) to have authority to enforce all parkinglaws anywhere within the City of Bozeman regardtcss of the jurisdiction ofthe Cþ Commissionor the Parking Commission; andIVHEREAS, Ordinarrce Bozeman city ordinance 1770 and Parking commissionResolution PC2009-01 created an enforcement program that, upon adequaæ due process, allowsthe im¡nobilization (i.e. "booting') of vehicles with an certain amount of unpaid violations ofChapter 10.32 against the vehicle or the vehiclc ourner andthat also albws for the impoundmentof vehicles under certain circumstances; andWHEREAS, in th€ case of immobilization or impoundnrent, bú the City Commissionand Parkíng Commission understand significant private interests are at slake including tlut aperson,s abilþ to make a living and a person's access to both the necessities a¡rd amenities oflife may depend upon the availabilþ of a vehicle yet the both commissions find a citizen incursthe risk of losing acoess to their vehicle only after the accrual of substantial violations andsþificant opportunities to either pay fines and fees associated with the violations or contcstthose violatbns through available procedures; and\\THEREAS, the Cþ Commission and Parking Commission recognizes that due to thep¡ocess rcquired prior to imrnobilization or impoundmen! the risk of an eroncous deprivation is,significantly reduced as not less th¡n six violations must be issued by the City to the owner orop".",o. of a vehicle subject to immobilizatior¡ reminder tetters ar€ serit to an owner when in'violation, and a pre-immobilization/impourdment rptice is sent offering the person anoÞportunity to pay all outSanding violations thus avoiding immobilization or impoundment andas' zuch there is adequate notice that failure to pay outstanding citatiotts may nasuh inimmobiliz¡tion or impoundment; and\VHEREAS, the Cþ Commission and Parking Commission recognize that the risk of anerroneous deprivation of a person's property interest is also significantly reduced if anychallenges to er¡oneous oitations a¡e minimized; andAl.lD WHEREAS, the City Commission and Parking Commission wish to enter into aMemorandum of Understanding to better facilitate the exercise of their independent, as well asthe ir cooperative duties.157290
NOIV THERFJ'ORE, the parties mutually agr€e as follows:PURPOSHSERVI CE AREA/AGENCY.A. This Memorandum and Agreement is entered into to authorize employees of theCity of Bozeman that serve undcr the supervision of either the Parking Manager or ttp Chief ofPolice @epartment of Public Safety-Police) to provide enforcement of parking regulations andissue Noticcs of Municipal Infractions specific to parking enforcement in the thre€ parkingdistricts (the downtown B-3 TnnngDistrict' the Montana Staæ University Residential ParkingDistrict, and the Bozsman High school Residential Parking District) and in areas within the citylimits of Bo z'rn nthat occur outside of the three parking districts, subject to any limitations orconditions specified in this agr€ement.B. The arca this Agreement apPlies to includes the City's service area which includesall property located within the corporate limits of the City of Bozeman as well as any propertyowned, leased or operated by the City of Boze nan within Gallatin County and which is locatedwithin a five mile radius as frovided in$7-32-4301 McA and $2.40.020(B) BMC'C. Emptoyees of the Cþ of Bozeman under the supervision of the Parking lv[anagera¡e agents J--- - - hws in a¡cas outside of thejurisdiction cþ of Bozeman under thczupervision lice) are agents of the ParkingCommission when enforcing parking laws in any parking district under tlr þrisdiction of theParking Commission.2.AUTHORITY TO ENFORCE PARKING VIOLATIONS.\Vithin the service area dèscriH in l.B, above, regardless of jurisdiction of the CityCommission or Parking Commission:A. Employees under the supervision of the Parking Manager and under tlæsupervision of the Departnænt of Public Safety-Police arc authorized to providc enforccment ofparking regulations'and issue related Notices óf U-i"ipul lnÊaotbns for parking violations asset forth in Titþ l0 chaptcrs 32 and34 of the Bozeman Municþal Code or violations of Title 6lof the Montana Code Annot¡ted, and Section $494-302 pertaining to hardicaPped parkingspaoes.B. Employees under the supervision of the' Parking Manager and under the,upr*irlon or¡¡," Department of Public Safety-Police are authorizcd to imnþbilize and/orimpound a vehicle in accordance wÌth Section 10.32.410 Bozem¡n Municipal C'ode'158291
3. PARKING OPERATIONSA. Employees under the supervision of the Parking Manager and under thesupervision of the Department of Public Safety-Police may share equipment, resources andvehicles pursuant to $7-14-4632 as deærmined by agreement between the Parking Manager andthe Director of Public Safety-Police, or designee.B. Employees under the supervision of the Parking Manager and under thesupervision ofthe Department of Public Safety-Police shall assist in the identification notice andtaking vehictes into custody pursuant to abandoned vehicle laws and requirements pursuant to$61-12-401 through $61.12-404 €t seq. MCA.4. COURT JURISDICTION AND PROSECUTIONA. Both parties agree that any Municþl lnfiactions issued for parking violationspursuant to this agreement shall be within the jurisdiction of the BozcmanMunicipal CourLB. Both parties agrÊe to provide to the Department of Public-Safety, ParkingManager, City Finance Department, and the Cþ Attorney's office a cun€nt list ofalt assigned offioàrs and badge numbers as well as a mechanism to contact theofficcrs.5. AMENDED LA\\'S ORORDINANCES.Ifduring the tcrrn ofthis Menprandum of Underst¿nding and Agreement any amendment(s)is made to the st¡tutes and ondinances set forth above, the Partþs shall comply with any and all sucharnended laws a¡d ordinances. Nothing herein shall be deemed to invalidate any pevious mtice or,ciAtion issued by the Cþ. The provisions of this Agreement shall continue to have effcctregardless of a change to the boundaries of a parking distict ard shall apply to any new pa*ingd¡strict laurfully creæed afterthe daæ ofthis Agreernent.6. TERMINATIONThis agreement may be terminated by rasolution througlr either the Parking Commissionor Cþ Comñiss¡on in accordance with t"tontr* Code Annotated and Bozprnan MunioipalCode.7. HEADTNGSThe section headings contained herein are for convenience and referpnce and arp notintended to define or limit the scope of any provisions ofthis agreement.159292
8. EFFECTIVE DATEThis an¡ended agreement will become effcctive on the date set forth above and shallcontinue in effect until it has been modified or terminated in accordance with thc terms set forthin this agreement.BOZEMAN PARKINC COMMISSIONClnis PopeBozemañ Parking C-omrnission ChairmanAttest:Paul BurnsParking ManagøATTEST:Stacy UlmcnCterk ofthe CommissbnCITY OF BOZEMANCtnis KukulskiCity ManagerAPPROVED AS TO FORM:Crreg SullivanCÍty Arorneyr60293