HomeMy WebLinkAboutOrdinance 07- 1699 Revising BMC Providing that Parking Violations be Municipal Infractions
ORDINANCE NO. 1699
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY
REVISING SECTIONS 10.32.410 AND 10.34.100; PROVIDING THAT PARKING
VIOLATIONS BE MUNICIPAL INFRACTIONS.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the Bozeman Municipal Code be amended Bozeman Municipal Code Section
10.32.410 to read as follows:
"10.32.410 Enforcement - Penalty for Violations - Deshwated as Municipal Infraction
,^~. It is a misdemeanor for any person to violate any of the provisions of this
chapter.
B-: Every person convicted of a misdemeaFlor for a violatioFl of any of the
provisions of this chapter shall be punished by a fiFle of not less tHan fifteeFl dollars or
more than five hundred dollars with the follov/ing exceptions. Violation of this Chapter
is a municipal infraction and shall be punishable by a civil penalty as provided in
Bozeman Code Section 1.24.040 except that the Court shall impose the following
minimum civil penalties:
1. The minimum .fi.n&civil penalty for violation of Section 10.32.390(A)
shall be five dollars.
2. Violation of Sections 1O.32.390(B) through CD), iaclusive, shall be
punishable by a fine FlOt exceeding five hundred dollars or imprisoFlment not exceediFlg
six mOFlths or both.
J.~. The minimum .fi.n&civil penalty for parking in violation of Section
10.32.180 shall be:
First citation
Second citation
Third and subsequent citations
$50.00
$50.00
$100.00
"
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The determining factor with respect to the .fffie civil penalty is the issuance of the
citation and not the conviction iudgment. .
C. Upon con',iction, the court costs or aay part thereof may be assessed agaiFlst
the violator iFl the discretion of the court."
Section 2
That the Bozeman Municipal Code be amended Bozeman Municipal Code Section
10.34.100 to read as follows:
"10.34.100 Designated Municipal Infraction
Any person violating the provisions of this chapter shall upon conviction thereof be
punished by a fine Violation of this Chapter is a municipal infraction and shall be punishable by
a civil penalty of not less than fifteen dollars nor more than one hundred dollars."
Section 3
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof
in conflict herewith are hereby repealed.
Section 4
Severability.
If any provisions of this ordinance or the application thereof to any person or circumstances
are held invalid, such invalidity shall not affect the other provisions of this ordinance which may be
given effect without the invalid provision or application and, to this end, the provisions of this
ordinance are declared to be severable.
Section 5
Effective Date.
This ordinance shall be in full force and effect on July 1, 2007.
PASSED, ADOPTED AND FINALLY APPROVED on second reading by the City
Commission of the City of Bozeman, Montana, at a regular session thereof held on the 2nd day of
April 2007.
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J
ayor, City of Bozeman
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\::r:h',Clerk"'. ~:.'
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City Attorney