HomeMy WebLinkAbout12-17-18 City Commission Packet Materials - C20. Ord 2013 Final, Code Modifications to Public Parking Management
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ed Meece, Parking Program Manager
Chuck Winn, Assistant City Manager
SUBJECT: Final Adoption of Ordinance 2013, Modification of the Bozeman Municipal Code, as related to effective public parking management and enforcement activities.
MEETING DATE: December 17, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Finally adopt Ordinance No. 2013 to change parking citations from municipal infractions to violations of the Bozeman Municipal Code, as well as other modifications necessary for effective public parking management and enforcement activities in the City of
Bozeman.
BACKGROUND: On December 3, 2018, the Bozeman City Commission provisionally adopted
Ordinance 2013 (5-0). Ordinance 2013 was modified by the City Commission, as follows:
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, and reviewed by the City Commission.
The Administration has identified several areas of the Bozeman Municipal Code that need to be
modified for the purpose of improving the effectiveness of the public parking system in Bozeman. The proposed changes range from codification of existing programs to a re-classification of
parking citations from municipal infraction to code violation.
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, and allowing 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 Bozeman 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, rather than ambiguous language that
makes enforcement difficult. Historically, vendors self-define ‘actually engaged in loading
or unloading’ in a very liberal manner. Prosecution of these citations in Municipal Court is
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equally problematic due to the lack of a definite time requirement. The thirty minutes
requirement is in excess of the time allowed in 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. This change continues 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 can more efficiently utilize staff
resources – responding to more complaints in a timely manner. In addition, 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 negative fiscal effects are anticipated due to approval of Ordinance
No. 2013. However, these modifications are expected to result in a small revenue increase, due to improved collection practices.
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: October 22, 2018
1Billings, Butte, Helena, Missoula – twenty (20) minutes for loading and unloading.
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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, and reviewed by the City 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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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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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:
Sec. 36.04.360. - Montana State University Residential On-Street Parking Permit Regulation Program.
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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
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).
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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
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
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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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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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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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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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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of December, 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 17th of
December, 2018. The effective date of this ordinance is January 16, 2019.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
297
(t 7, tr l.'r /t, l! "tApproved by Bozeman Parking Com missi o n' 3 / I / 20tBPorking ServicesIt is the intent of the Bozeman Parking Commission to occasionally permit vehiclesor equipment to temporarily park in a time-limited parking district, without beingsubjéct to the time limit restrictions. It is ngt the intent of this program to providelong-term parking provisions for an individual, business, or entity that shouldothãrwise providã for their own parking needs consistent with local law and/orbusiness necessity.lJ Require submission of a permit application that includes:a. Applicant name (business or individual) and contact informationb. Client name and address at which construction, moving, or otherseruice is being provided.c. Start and End Dated. Type of senrice being providede. Vehicle License Plate Number, as applicable.f. Reason the permit is necessary.2) Licensed contractors, trades, and other service businesses, are eligible for a"Temporary On-street Parking Permit". Likewise, the Parking ProgramManager may issue these permits for other uses as well; example, movingtrucks, tour buses, special event equipmenç "parklet''applications, etc.3) Limited to one permit per job site, and/or destination facility.ql ¡permit holdei must use traffic devices approved by the Manual for UniformTraffic Control Devices (MUTCD),like barricades, delineators, etc., in order to'ieserye' specÍfic parking spacefs). Such traffic devices must be at least 36inches high, in goód condition, made with a high visibility color, and display acopy of the valid permit.5) The permit may be issued for a maximum of thirty calendar days. After whicha new application must be ñled.6) Permits ãre only for use with on street parking, within the time limitedparking areas, during the posted hours for enforcemenL The permit is not foruse within any ot}ei paiking area, and does not provide exemption fromother parking regulations frestrÍcted zone, disabled parking etc.). Thispermit does not intitle the permit holder to engage in reAil or othercommercial activity not otherwÍse granted by city permit (ex., mobilevending).7) Permit must be displayed at all times, as directed, or the vehicle may be citedfor Overtime violations.ç-i') 'tot, l;f ? ?g(l-il) O lJrr> 12J0lÌo'¿ct¡¡srr, itl I l¡!ìi /l 1?3tì?0 I osl l)lrvr 5t¡l'r'lt"lv¡v; lltr¡ t'tlltl tr rtt'ltDD:40ó-582-230.|THE MOST LIVABLE PLACE298
IApproved by Bozeman Parking Commissio n, 3 / B / 20ltit3 Cl Z, lt: l,ri /¡, lrl "Porking Services8) Permits may not be used for any purpose, other than that purpose stated inthe permit ãpplication, or by oigåniiations or individuals not listed on thepermit application.e¡ fhe Parking Program Manager, and/or their design€€, will review andapprove all permlt applications. The Þarking Program Manager may applyräåsonable ispecial ionditions' as deemed necessary for the permit' Forexample, the Parking Program Manager may make the permit 'locationspeciñc'; requiring thã vehiãe to park in a certain block face or space(s)'Fee Struchrre1J Daily rate of $20 for single space permits; based on a24 foot linear parking- .p"."-E".tt-additional ?4 feetrrportio¡ tlrereof results in-anadditional $20fee.For example:vehicle/item 25 feet long would require a $40 fee.vehicle/item 49 feet long would require a $60 fee.2) Fees are charged on a per day basis, with no pro-rating of fees.3) No discounts for multiple day purchases.4) Áùt fees must be paid at the time the permit is issued'a.Ab.A@ ZO Eost Olivc StrcctP.O. Box 1230Bozemon, MI59771'123040 6-582-2903www.tro zent on.n ettDD:40ó-582-230.|THE MOST IIVABLE PLACE'299
BOZEMAN''Porking ServicesDate:TEMPORARY ON STREET PARKING PERMIT APPLICATION ranzrrsrPaid:$Applicant Name & Address:Phone Number:Email:Start Date of Permit: / / End Date of Permit: / / (limÍt 30 days)Reason forÞermit.fob Site Name &Address:Length of Space Requested (total linear feet)Drawings or other Supplemental Information Attached? Yes NoSpecial Conditions of Permit (Parktng Program Manager ONLY):Rules:¡ The Temporary On Street Parking Perrnlt has a daily fee of $20.O0, based on a 24 foot linearspace. Each addltional 24 linear feeÈ or portion tltereof. results in an addidonal $20 fee: no pro-rating avallable.¡ Limited to one Job site, or destination facility.¡ The permit may be issued for a maxlmum of thirty calendar days.. A permit holder must use traffic devlces approved by the Manual for Uniform T¡afflc Control Devices(MUTCD), like barricades, delineatoru, etc., in order to'reserve' specifìc parking spacefs). Such trafficdevices must be at least 36 inches hlgh, in good condition, made with a high vislbility color, and displaya copy of the valid permil¡ Permits are only for use with on street parking, within the timed parking area. They are not for usewithin any otler parking area, and do not provide exemption from ahy otler parking regulations(restricted zone, disabled parking, etc,) Thls permit does not entitle the permit holder to engage inretail or otìer commercial actlvlty not otherwise granted by city perrnit (ex., mobile vending),r Permit must be displayed at all times, as directed, or tle vehicle, equipmen9 may be cited for Overtimeviolations.o Permits may not be used for any otler purpose, or by otler organizations or individuals.I agree b follow the rules that govern the use of Temporary On-Street ParHng Permits AND all other parHng reguladonsof the City of Bozeman.I realize that permitholders will be cited, if all rules and reguladons arc not bllowed.ApplÍcant Name fprint) & SignafureDateApproval SignatureTDD:40ó-582-230.lDateTHE MOST LIVABTE PLACEP O Box'1230Bozenron lviT 59771 123020 Eost 0tive Strcet406 582 2903wwvr l¡ozenron net300
BOZEMAN"'Porking ServicesItP O Box 1230Bozenron À4T 59771 1230í1) +oa s62 29c3ím)20 Ecst Otrvc Sttcctv,/v,/r¡,i bozenlotl nc'tTDD:40ó-582-230.|THE MOST LIVABTE PLACE301
DBOZEMAN PARKING COMMISSIONRESOLUT¡ON 2018.09A RESOLUTION OF THE PARKING COMMISSION OF THE CIW OF BOZEMAN, MONTANA'RECOMMENDING THAT THE BOZEMAN CITY COMMISSION ADOPT CHANGES TO THE BOZEMAN MUNICIPATcoDE RELATED TO PARKING (SECTION 361.WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commissionpursuant to Resolution Numbers t676,1839, 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 ofmodificationsto the Bozeman Municipal €ode that enhanee publie par*ing rnanagementand enforcement practices within the City of Bozeman;NOW, THEREFORE, BE lT RE OLVED 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 26,20L8.PASSED AND ADOPTED by the Parkingcommission of the city of Bozeman, Montana, at a session heldon the 8th day of November 2018. This resolutionbecome effective immediatelYChris Naumann, ChairBozeman Parking CommissionEd Meece,ng Program ManagerCity of Bozeman302
CoMMISSION RESOLUnON NO. 4ZXtA RESOLUTION OF THE CITY COMMIS$ON OF IIIE CIIY OF BOZEMAII'MONTAÌ{A TNCORPORATING ALL FI¡InINGS Al{D AGREE¡}IE¡ITS IN AMEMORAI{DIm OF ITNDERSTANIUNG Al{D AGREEMENT (MOU) RE|CÁRDINGPARrING REGI'L/\TTON TNFOR(EMENT BETT'EEN THE 'PARI(INGooMMISSION .AND CII.]Y CIoMMISSION, AUIHORIZING rtrE CIIì/ MANAGE¡ITO SIGN THIS MOU AIIII' AGNDEMENT AIÐ AIDOPIING TtrE FINAL SIGNEI'MOII.SIffiEAS. 57-14¡5;?:162). MCA authúizes thc ParÌing Coûurri¡siqÈ hÁ,ing bocn\rÊsfÊd úc a¡fbority by thc eiry C@n¡ssioD. b "¡cgttldc on*î¡egt pr¡tdbg uåÊt it ttnåhs i¡use. in coordin¡tion with ofr-¡neet pükingi súicct to E¡ffc regulalions inPoÊed by thÊ stftc:"sndn'IIEREAS, 0?-t¿l-4628 afùor¡rcs ûÊ Pqltilg C3mnission to ils¡¡Ê rcgullios foÎ on'ñç¡r parting rÊldsl ta tbc dacminaiø of porking locaio¡. vai¡blc pdti¡g dr¡¡tims.¡6riablc paùiry f6¡ ecücrù¡les. ud coforccmcm policbs ud pnctdue* andWHEREAç, rtc Boædl Cfty Cmi¡$,on h¡s jrrie¿ist¡m rcgFrd¡ng paffngcoforcco¡ot insll othcr Eræ oflb City: ¡ndlilHEREAS. rhÊ Cty Commi¡siø drd Ps*¡ng Cmissi@ of tte City of Boæmrt fmdth¿ omccrns regnrding tbc pr¡blic þltb, safirty. and gcacnal unlfare of th! cit¡zGos rnd rcsideotsof Boæ¡¡¡r rcquíres thc est¡blisbncot of ordin¡nces for thc ordcrþ pck¡¡g of motor ræhiclcsrponthcpublic ways oftbc CTty of Bozcoau andI of4303
IITIIEREAS, rhc City of Bozc¡¡an has EdoptÊat numqot¡s provisions hcludcd in Titlc l0of tbc Bozcrnqr Mt¡Diciptl Code to regUlaæ par}ing" including rlæ issr¡ancc of frrcs forviol¡ionq andWHEREAS. rhc City cmi¡síon and Paldng'cmnis¡ûo frtd lbc issr¡¡¡oc ofcit¡tíonsto tbosc rrùo violmcrhe pûtilog qdinæccs of t¡! City of Bozm dtd thc ercGcsdngof citstie' m¡¡st bc dmÊ in ¡ mmcr tbú afus adcqr¡de rLæ pmcces to allepd viotam: odWHEREAS. ûc City Cmni¡sio¡ úd Prld4 Cmisùsr srryøl thst coEísüú endfrír cofo¡¡cocn tfuorrytorf ùÊ City of Bomn is inpuom 1o da¡msü¡tc t!Èponsit'cDcss bnot jrst úolass. htr lo eûgîùdo aoocts rg ûGe pcti¡g" ¡ãGúfify snd ad¡lËs r¡nsafc pa¡ti¡g üdwor& coltectircly to co¡tot. oE rc¡nsue vcùiclæ firom bolb on'¡üeet a¡¡d ofl-süctt pding thúr¡e hird¡æces b traffic flow o. strr¡a EdilGotûCc' ¡uch rs lcff 8d ruw ¡toov¡b ¡ldIITEERDAS. h 200g. tbr city ôf Bo¡æo¡r úd Pdc¡ng cæftl¡io asFsed to lhDcæ6lm of a u¡rniluy porition, bcni¡afrcr ¡çfcflld to as Pddng Ì*m¡gpr''thÉ wor¡ld sctTÊas a FpìescdtdiyÊ of t¡9 pdi¡g Cwríssio, rmdcr ¿¡rcct srporvísio ard qc¡üim¡todot, of tþìpsl¡ing Cmi¡sio. od úo wuuld srecnri¡e pcrsouet æd opctdor spccific lo thêpa¡tiry gE|gp ¡nd to isa¡cs rcg¡d¡qg tb thEc Pding d¡ria¡: ¡odWEEREAS. tríú to Z[0. officials fu to cdorcc ¡cgul¡ion¡ in tbG lbrGG PÛúing, ali¡rdcg. as cdl as orúddc oftbÊ thrce paúing dirrfuûs, haw conù¡dcd thfs" cnfb¡æt undGfúroA opcrnímaf cmtal ud snpcrv¡do¡ ofthe @cnt of Pubtic S¡ftty-Policc¡ and' WHEREAS. afrcr.Jæuu¡l 1. 2010, lhcsg ofEci¡ls will ñlt r¡oder di¡tct c'pcnisùon of fuPrkingllma3pc od2oî4304
IVHEREAS. policc officcrs urd errptoyees under dùect opcion¡l md nrycrvirion ofrhc Deparrncnt of h¡blic-Safay Policc h¡vc assi$cd in cnfo¡ocqcut of psldnsrcguldions b ala¡cas of tbe City. to includc inside thc tlucc parldng digicts. particularly during bor¡n rryü¡opdtbg ofliccrs acmt arnll¡ble údWHERE S. the Ciry Comnfusi@ tccogniæs tbc ineøt¡ncc of ircùing incoll¡bo¡¡riør to shre liqitãt tGs¡roes æd Erovidc cmsistcnl fair td tfutçly rcsDm¡e topr*i¡g oomplaints or cofor¡cmcut of pcfing rcguld¡os: andìITHEREAS, ùÊ City Comissio úd thß Pr¡LiDS Corrrrrision ¡lê¡rc to Úb¡zcËrûFl61ç6¡ of ric Ciry of Bo.anm rnds-te-nrycrrfo¡im of ciùGrihc Patirl8 ìfú¡gFr c'rbChicf of Policc (Usearmc6 of Public Safcty-Poliæ) to bavt aurhuity to coforcc dl p¡úing¡ws anyurtcrcnühín tbÊ Cïy of Bozrmanægu¿fss ofrhc juisdiotion ofthc City Cmmfusionuths Petiqg Cmd¡sioq æd,, WIIEREAS. tùl City Cm¡ni¡sion rqp¡æs tb Dæd to sryPút sÌtdçd ðfhty tocofoDce pnlring rcgrrldms ty ¡ncorpcsC¡g dl find¡qgp d agpcüàls in a Mocæd¡¡nofU¡dcr$úding md Agrccocnt rcg¡rd¡¡g prtùrg rcgultim cnfuccocor bGm,GGtl ltrE PÃ.t¡BCmmissim'Ed CTtY Cun¡¡sim.NOW THEREFORE BEITRESOLVEID, ûdrhocity cmissio¡ bæby ldoÉúetrchcd Mm¡od,¡¡¡¡ oflJnda*mrling and Agrccocú wilh itç Bom PdingCopmi¡siou (Au¡fuco¡ A) and a¡ùoci¿cs thc Cfty f¿nagef to sig¡ said AgÊocat3 of4305
PASÉED Al{Il ÆIOPTEID bytfie City Conmission of thc City of Bozcman' Mmtoa' at arqular scssion tbcrcof onrhc lú Ay of Deccsrba. 2ü19'a.¡r!fraì.1co.ITAANENtúryorAFPROVED AS TO FORM:SIULLW/INCTtyAü@Y1aaataart4of 4306
ATTACHMENT A - RESOLUTION 4223MEMORANDUM OF UNDERSTANDING AND AGREEMENTPARKING'REGUU\TIO N ENFORC EMENT BETWEEN BOZEMAN PARKINGCOMMISSION AND BOZEMAN CIfl COMMISSIONTHIS Memora¡rdumofUndersanding and Agrccnærú is mrde srd entercd irilothis Z dayofDcccmber 20Ú by and baween THE BOZEMAN CITY COMMISSION, Bozeman'Mo¡rta¡ra, hereinafrcr rcfcncd to as thc "Cþ C.ommissbn'and THE BOZEMAI'I PARKINCCOMMISSION, hcrcinaftcr reÈrred to as the "Parking Commission.'WHEREAS, $6t-12-t0l(l), MCA authorize.s thc City of Bozem¡n to rcguhc thcstanding and parking of vehiclcs; and!\'HEREAS, T¡tle 7, Chpt. 14, Pa¡t 46 MCA, authorizes thcBozcman Cþ Commíssionto crc¡tc aPa*¡ng Commissionwhich was do¡æ and whoso Pow€rs arccrcatcd pursuant toRcsolutions 1676,1839,3803, and 3976 artd relatcd Ordinances1345, 1376,1388,t536,1542,1579; and\\THEREAS, $?-l,l-4607, MCA $ates th¡t in any srit, actioru or proccodittg by oragainst or in any mt¡¡ner relat¡ng to a parking commission, tlre con¡mission sh¿ll bc conolusivelydeerned to h¡ve beconæ escabtished and authorizcd to tra¡rsact business a¡rd excrcisc iæ powcrsupon proof of ttre adopion of a rrsolutíon by üre lcgislativc body dechring tlF nêd for thccommission to fu¡tction., T\THEREAS, $7-t4-4608, MCA sratcs thÊ ¡psoh¡tions crcating a parking co¡¡mrission*sh¡ll clearly rycc¡t a¡cas within the cþ... ovcr which the corrnission a¡rd thc city'respectivel¡ areto haveþisdiction and contol; andI\IHEREAS, pun¡uant to crty Rcsolution 3t03, thc Bozemen Farking Con¡mission hsjurisdiction over tluec parking distrkts: thc downtown B'3 Zoníng Distr¡cq tlp Mont¡na StrcÚnivcrsity Residcntial Parking D¡str¡ct, and thÊ Bozcnran High School Rcsidentbl ParkingDistrict; ardWHEREAS, ç7.l|4/K,niJ|,, MCA ar¡tluízes the Pa*ing Commission, having beenvcsted the ar¡thority by tlp Cþ Commission, to fugulatc onstrcct parlcing when it rcmains inuse, in ooordinst'ion,with offstreet parking, subjoct to traffic regulations írnPosed by the statc;'and\I,HEREAS, ç7-14462E autlrorizes the Parking Commission to iss¡e rcgulations foronstrcct parking relatcd to tlp dct€rminat¡on of parking locations, variablc Parklng durgtio¡ls'variablc parking rate schedulcs, and cnforccment policies and procodurcs; and155307
wHEREAS, the Bozeman city commission has jurisdiction regarding parkingenforcement in allotlrsr areas of the Cþ; and\VHEREAS, $7-14'4632 allows andCommissbn and City Commission stating inof effo¡t or exPensc, the Parkirig CommisshCommissior¡ to the scrviccs and facilitþs of th oity planning d€partment' fu "9 engineer' the;ü;ä; * fre departrnerú, and s¡ch other depaorænts and offtces oftlrc city as maybc appropriaæ thercfore.IVHEREAS,that conccrns regErdof Bozcman rcqufu€uponthc public ways ofthe City of Bozemrn; ardWHEREAS, thc City of Bozeman has adoped numcrous provisions included in Title l0of the'Bozcman Municþt€ode to ægulafc Parki¡rg, including üre issua¡rçc of fincs forviolations; andnsofIVHEREAS, ttle CltY Commission andfah enforcement througlþutthe City of Bozrnot just violators, h¡t to provide sceess to frccwork ¡nllcctively to co¡rtnol or llmove vehiclca¡c hindr¡¡rces to trâfüc fbw or s¡cct mainten¡nqs, such as baf and srnw rcnrcyal; andWHEREAS, in 200t, tþe city of Bozcm¡n and Parkins cormnission agreod to the. cipation of a srpcn¡*.y potilo* hefcinaftcr refcrrsd to as Parking Manager, tlut wouH scrveas I r€pfÊscntative of the Parking Commission u¡rder dircct supcrvision and opcratbnal controlof tlre Pafk¡ng Commissioq and who would supervise personrrcl and opcratbns specific to thspafk,rrg gaogl and to bs¡cs regErding the tttrcc Pafking districts; a¡tdWHEREAS, prior to 2010, ofücials hircd to cnforcc regulatbns in the threc parkingd¡str¡ct$ as well ¡s óutsitle of the tttf€e P8¡king districts, h¡ve conductcd this cnforcemcnt undcrdirect opcrúional controt and supcrvision oftli lÞþrtment of Public Safety-Police; andWHEREAS,afterJanuaryl,2Ol0,thescofficialswillfallulderdir€ctsupervisionofthcParking Manager; and\IIHEREAS, police ofücers and enplöyees under dir€ct operdionnl and supcrvision ofthe Dcpartment of public-safety police t "ve "ssistø in enforcement of parking rcgulatbns in all156308
ar€as of the Cþ, to include inside the three parking districts, particularly during hours whenparking officcrs arc not available; andWHEREAS, thc City commission and Parking commission recognbc thc importance ofworking in collabbration to sh¿rc limitod r€sûuroes and providc consistcr¡t, fair and timclyr€sporu¡e to parking complaints or enforcenpnt of parking regUlatiors; ardÌ\THEREAS, thê Cþ Commission and tlæ Parking Commission desirc to authorizcorthe Parking C-ommissiory andIVHEREAS, Ordinarrce BozeResolution FC2m9-01 qtatcd an enfothe immbilizatbn (lc. tooting") ofClrapter 10.32 aEaiiùst tlrc vehicle or the vehiclEowrcrandrü¡atabo allows for thc impoundmentof vehicles u¡der ccrtain circumstanccs; and\VHEREAS, in ths con¡nrissbnard Pa*ing Commission luding thc a.person's abilþ to makc a ^ amcniths oflife may depend upon the,avail¡bitity of a vchiole yet the both cormrissions find a citizcn incr¡rsthc risk of losing ac¡Dess to thcir vchicle only aftcr tlË accrual of substa¡rtial violations a¡rdsþificant opportl¡r¡it¡ê'to cithcr pay fines a¡rd fees associ¡ted with the violæions or contcstthosc violations through available procedu¡es; and\IIHEREAS, the Cþ Commission and Parking Commission rccognizes that due to theproccss rcquÍr,cd prior to imrmbilization or impound.ie tt* risk of an crroricous deprivatbn is.aigninr"ntly reduccd ar¡ riot þss th¡n six viol¡tions must þ issucd by tt¡c City to thc owrs orop"*. of a vchicte subject to immobilization¡ remhdcr lettcrs arc ser¡t to an owtFr whpn in, ,violation, eld a prc.iminobilization/impor¡ndmerit noticc is sent offcring tbe pcrson anoÞpottr¡niryto pay all or¡tsa¡rding vblations thus avoiding im¡rpbiliz¡tion or impourdmcnt andas' zuch ,tlrcfc ¡s adequaæ noú)e th¡t failure to pay outSarding citdions may rcsrh inimmobilization or impoundment; ardI\THEREÆ, fu City'Commission and Parking Commission rccognizc tbd thc risk ofandroneous deprivation of a person's property intcrest is also sig¡ificantly reduoed if anychalleqges to €ßrcneous cÍù¡tions arc minimizcd; andAI{D WHEREAS, the City commission and Parking commissbn wish to cntcr into aMemorandum of Undersa¡lding to betcr facilitate the exercise of their indepcndent, as well astheh cooperæive dr¡ties.157309
NOIV IEEREÍ'ORE, the parties mutually agrec as follows:PURPOSSSERVI CE AREA/AGEN CY.A. This Mcmor¡ndum and Agrccment is entercd into to authorize employees of theCity of Bozcman that serve under the supcryision of either the Parking Managcr or the Chief ofPolice (IÞparùnent of Publi rcgulations andissue Notitæs of Municipal e tlr¡ee parkingd¡str¡cts (the dovmtown-B-3 idential ParkingD¡strict" arid ttle Bozeman High School Residcntial Parking Districo aftd in areas within thc Citylimits of Bo z'o'antl¡at occur outsidc of the thrcc parking districts, subject to any limitations orconditions specified ¡n this agr€Êr¡ent.B. The a¡ca this Agrcemcnt applhs to includes the cþ's service a¡ea which irrcludesall property locatcd with¡n thc corpor6c limits of the Cþ of Bozemån as well as any propcrtyonmd,lcasd oropded by thc Cþ of Bozeman within Gallatin County a¡rd which is hcdodwithin a five rnile radius as provlded n g7-324301 MCA afid $2.40'020(B) BMC'C. EmploYees ofthe Cþ of Bozcare agcnts of thc Cþ of Bozem¡n whenjurMiction of thc Parking Commission Esrpervision of the Police Chief @epartrrcm oCommission wlren cnforcing Parking l¡ws inParklng Commission.2. AUTHOR¡TY TO ENFORCE PARKING VIOLATIONS.\Vithin the scrvice area dàscrig in l.B, above, regardtess of jurisdiction of the cttyCommission or Parking Commission:A. Enployees undcr thc supervision of tlre Parking Manager a¡d- urder thcsupervision ofthc Departmcrt of Public safety-Police arc u¡thorized to providc cnfo¡cc¡tæd ofñ.i* úùi.rn, and íszue rprated Noticcs ãru-i"ip"r tnfiactbns for parking violations ass¿t forth in Titþ l0 chapærs 32 àrÅ34 of the Bozem¡n Municþl Code or viol¡tiors of Title 6lof tlæ Mont¡n¡ cride Annot*e4 and section $49-4-302 pcrtaining to handicapped partingspaoes.B. Employees under the zupervision of the'Parking Managcr a¡rd under the*p"*irion oflf* Departrrcnt of Public Sagty-Police arc er¡thorizcd to immobilize and/orimpound a vehicle in aocorda¡pe with Scction 10.32.410 Bozeman Municipal Code'158310
3. PARKING OPERATIONSA. Employees under the supervision of the Parking Manager and u¡rder thesupervision of the Departnrent of Public Safety-Police may sharc equþmcnt, rqsoulEcs andvehicles pursuant to $7-14-4632 as detcrmined by agreement betrreen thc Parking Manager andthe Dircctor of Public Safety-Police, or dcsignec.B. Employecs urder the sup€NTis¡on of the Parkutg Managcr and under thesupervision ofthe Departnent of Public Safety-Polioe shall assist in the identification' notice andtaking vehicles into custody pwsuant to abandoned vehiclc laws and requirtrnerÚs pursuarit to$61-12401 through $61:12404 ct seq. MCA.4. COURT JURJSDICTION AI.ID PROSECUTIONA. Both parties agree tlrc any Municþl lnfractions iss¡ed for parking violationspunuant to thb ageemerit shall be within the jurisdiction of thc BozcmanB.Municipal CourtBoth parties agrce to provide to the peeartnrern of Public-Safety, ParkingMhnager, City Finance Departrult, and tlþ City Attorney's office a currcnt list ofall assigned officrirs and badge numbcrs as well as.a meclnnism to corûact thcofücers.5. AMENDED LA\VS OR ORDINA¡{CES.Ifdrning thc tcrm ofthis Mcrrnra¡dum of UndcrsandiÌrg and fureemert any anrcndmc(s)is.male to the Sc¡¡tes and ordinances set forth abovg the Partbs shall conpþ with any a¡rd all srrchamcrded hws a¡d ordi¡r¡¡rccs. Nottring he¡ein shall be dcemed to invalidÚe anyprevious rptice or,citaion bsuéd þ the Cþ. The p,rovisions of this Agreærú sh¡ll conûinue to hove cffoct' rcgardless of a change to tlD ¡p*unda¡bs of a partcing disûict and sh¡tl apPly to any ¡Plì, parkingdi*rict hrvfirlly creocd aftcrthe ddc ofthis Agrccrrcna6. TERMINATTON. This agneemcrit rnay bc tcrminated by resotution througlr eithcr the Parking C,ommissionor Cþ Comñr¡ssion in accordance with t"tottt¡". Code A¡rnotatcd ud Bozcm¡n MunicþlCodc.7. HEADINGSThe section headings oontained hcrein a¡c for convenicrice and refere¡rcc and a¡c notintended to define or limit the scope of any provisions oftliis agrccmcnt.159311
8. EFFECTIVE DATEThis amcnded agreement will become effcctivc on the dde sct forth above ard shallcontínue in effect until it has been mod¡f¡ed or termirialcd in accordance with thc ærms set forthin üris agræment.Attc$:Par¡l BurnsParking MansgprATTEST:Stacy UlmcnClcrkofthe CommissbnBOZEMAN PARKING COMMISSIONOnis PopcBoz¿m¡n Parktt¡g C.ommission Chåinn¡rlCITY OF BOZBMANChis lft¡kulskiCþManagcrAPPROVED AS TO FORM:CrregCitySullivanAttomey160312