HomeMy WebLinkAbout10-01-09 Parking Commission Minutes
Bozeman Parking Commission Meeting
October 1, 2009 at 7:30 a.m.
Upstairs Conference Room of City Hall
Parking Commissioners in Attendance:
Chris Pope
Lisa Danzl-Scott
Tammy Hauer
Chris Naumann
Steve Schnee
City Staff in Attendance:
Shannon Fish, Parking Clerk
Paul Burns, Parking Manager
Rich McLane, Lieutenant
Laurae Clark, Treasurer
Greg Sullivan, City Attorney
Guests in Attendance:
Action Items: N/A
0:00:02 7:34:33 1. Call to Order: 7:30 a.m.
Chris Pope called the meeting to order at 7:34 am.
0:01:37 7:36:08 2. Public Comment - Please state your name and address in an audible
tone of voice for the record. This is the time for individuals to comment on matters falling within the
purview of the Bozeman Parking Commission. There will also be an opportunity in conjunction with
each agenda item for comments pertaining to that item. Please limit your comments to
approximately three minutes.
There was no public comment.
0:05:00 7:36:20 3. Discussion on the legal authority for BPC as defined by Bozeman
Municipal Code and Montana law (Greg Sullivan, City Attorney).
Greg Sullivan attended to discuss the Bozeman Municipal Code for the boot ordinance.
Going back to 1974 when the Parking Commission was first established the authority given to the
Parking Commission was minimal. In 1976 the City Commission had taken some authority away from
the Parking Commission. The City Commission stated that the Parking Commission had all the power
except Capital Improvements over $5000. They also couldn't issue revenue bonds. It was that way
until 2005. Now we are operating under Resolution 3803. Then they had all the power except for
that listed below.
1. The Parking Commission cannot acquire the property of another public entity without City
Commission permission.
2. The Parking Commission cannot select, hire or appoint without the consent of the City Manager.
3. Financial information will be kept with the Finance Dept.
Chris Pope asked about the Parking Commission becoming the Parking Authority. He asked when
that was created. According to Greg this was not on the Resolution 3803. Greg stated that the
Parking Commission is the entity and we are to act under the City Commission.
1:16:45 7:44:48 4. Discussion and Decision on Adoption of Resolution PC2009-01
(Consider adoption of and recommendation to the City Commission to adopt City of Bozeman
Ordinance 1770: An ordinance of the City establishing procedures for parking enforcement and
authorization for immobilization (i.e. booting) and impoundment) (Paul Burns, Bozeman Parking
Manager, and Lt. Rich McLane, Bozeman Police Department).
Greg noted that the Resolution name should be PC2009-01. Greg suggested that we use this system
to label and note where the Resolutions are and to make sure that they are also with the City Clerk’s
Office.
Greg noted that if the Parking Commission was to ever adopt a regulation and the City Commission
did not approve of it, then the regulation would need to be attached to the resolution, so that there
is a way to track the item in the future.
Rich noted that when we present an ordinance in the future that in part of the presentation it
needs to be noted that the Parking Commission agrees with the changes that Rich will be asking of
the City Commission.
Greg recommended going back to the fine increase and doing a resolution to ratify the decision and
give that to the City Clerk’s office as well.
Paul noted that this meeting was announced in the paper and there was a list serve sent out so that
the public knew about it as well.
There are over 17,000 unpaid parking tickets totaling $328,000 right now. For immobilization Paul is
just going to count tickets since July 2007 since the statue of limitations only allows us to go back
that far. This list will be of 6 or more violations.
Greg noted on page 8 of the ordinance that in July of 2007 the tickets went from criminal to civil.
You can use all violations after July 1st 2007. But before July 1st 2007 they would have been issued
a Summons and Complaint and those can also be used if they are within a three year time frame.
Also if there has been a judgment issued then those are eligible for 10 years.
Some highlights of the ordinance are that the owner is still liable for the fines after they have sold
the vehicle. After 10 days there will be a notice sent out to the owner. During this timeframe the
offender has the opportunity to appeal the ticket. They will receive a response to their appeal
within 21 days. Finally, if not paid the ticket becomes a municipal infraction then the fine will be
$40 in most cases due to the $20 admin fee being added beginning February 1st. They will have one
last opportunity to appeal to the judge at Municipal Court. After that time period if it remains
unpaid a judgment may be issued. A vehicle can be booted if six (6) or more tickets are unpaid.
These citations will follow the owner and the vehicle. Prior to the boot the City will send a notice
out to them notifying them that they are subject to being immobilized. The boot fine is going to be
$150 and there will be a sticker placed on the vehicles window letting them know that they have
been booted and the procedures on how to get the boot removed. They will then have 72 hours
once booted to settle or face impound.
Greg noted that before a boot is placed on a car or it is impounded, this person has to have
significant notice and there is a lot of due process for these people.
Chris Pope asked if there was a way to get the 72 hour time limit shrunk down to 48 or possibly 24
hours. He believes that it turns downtown into a place for dysfunctional people. He wants
downtown to look nice and get the car moved off the street as soon as possible.
Greg is comfortable with towing the vehicle after 24 hours. Greg suggests that for homecoming or
for a parade that if there is a car there then it is moved to accommodate what is going on. Greg can
and will change the ordinance to allow for the vehicle to be towed after 24 hours.
Chris Pope made a note that we identify procedurally how to get the boot off and where and when
you can go to do so. He just doesn't want to have situations where there are more problems.
On page 9 part I of the resolution, it deals with the impoundment. It discusses when to tow instead
of booting. The City will be sending out a notice and then following the same procedure as paying
the fee and getting the vehicle out of impound. They can then challenge the impoundment and
there is an additional fine if the person tampers with or damages the boot.
Greg wants everyone to know that all of these tickets are civil citations except for tampering with
the boot. If the boot is tampered with at all then it is a criminal citation. Then you may be
prosecuted for that violation and can have more fines assessed and possible serve jail time if
necessary.
The question came up on whether or not a Parking Commission employee can write tickets outside
of the district. Greg wants to have it in writing that the officer has permission to be outside of the
district just in case a ticket is challenged.
Steve Schnee brought up the idea of having some amnesty to not boot a car and allow a person to
come in and pay their tickets and then they will not get booted. The suggestion is to send out a
letter to the offenders on January 1, 2010 to let them know that in about 30 days they are going to
get booted and they now have the chance to pay their tickets.
Steve made the motion to adopt Resolution PC2009-01, which adopts the ordinance 1770 and
also to make the one change to section H-5 to be able to impound a car after 24 hours and not 72
hours. Lisa seconded and the motion was passed unanimously 5-0.
1:18:21 8:52:53 6. Adjournment.
The meeting was adjourned at 8:52 am.
Respectfully Submitted by:
Shannon Fish