HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1771, Increase of fine amount for parking violationsReport compiled on August 18, 2009
1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Burns, Parking Manager
Chris Kukulski, City Manager
SUBJECT: Ordinance 1771, first reading adopting increase of fine amount for parking
citation for 48 hour/5 day parking violations from $25.00 to $30.00 and for other violations of
Title 32 from $15.00 to $20.00 and subsequent ordinances.
MEETING DATE: August 24, 2009.
AGENDA ITEM TYPE: Action.
RECOMMENDATION: At the request of the Bozeman Parking Commission, approve the
increase of the fine amount for a parking citation for 48 hour/5 day parking violations from
$25.00 to $30.00 and for other violations of Title 32 from $15.00 to $20.00 and subsequent
ordinances.
BACKGROUND: With the opening of Bridger Park Downtown, the City of Bozeman’s new
parking garage, people who visit or work downtown now have a long-term option for parking
their vehicle without receiving a citation.
As recently as early this year, there were few alternatives to long-term parking in the downtown
parking district. A person wishing to stay downtown for longer than two hours parked outside the
district, moved his or her vehicle every two hours, or purchased a parking permit from the city
for one of the surface parking lots. A vehicle that overstayed the two-hour limit was subjected to
a $15.00 parking fine.
Until an alternative solution was created for long-term parking, the Bozeman Parking
Commission was reluctant to increase the fine amount for citations, despite seeing annual
increases in the cost of enforcement, processing, and operations of the parking enforcement
system.
Now that Bridger Park Downtown is open, the Bozeman Parking Commission and the City of
Bozeman have an opportunity to counter the increasing costs of running the enforcement
operations. A person can park in Bridger Park Downtown for three hours for $1.25. Some people
choose not to use this convenient, state-of-the-art facility and they risk receiving a $15.00
parking citation for parking on the street for three hours (or longer).
Because people now have a choice where to park for minimal cost, this ordinance is not a fee but
a fine brought on by the behavior of the person who receives the citation. The goal is to keep
parking available for customers of downtown businesses, and this ordinance will help.
183
Report compiled on August 18, 2009
2
This new alternative to moving a car every two hours or parking out of the district makes this a
good time to increase the cost of the citation from $15.00 to $20.00 and recoup many of the
expenses incurred for enforcing the city parking ordinances.
Since the last increase in parking citation fines in 2002, the city has seen increased costs in
personnel, transportation, equipment, and uniforms. Yet the Bozeman Parking Commission was
reluctant to increase the citation fine until the long-awaited and much-anticipated Bridger Park
Downtown was in operation.
Further, this ordinance would increase the citation amount for those in violation in the Montana
State University Residential Parking District and the Bozeman High School Parking District.
Recently MSU has increased citation fines to $45.00 for parking without a permit, and this has
pushed more students and staff into the streets surrounding MSU.
The Police department handles the majority of vehicles parked for over 48 hours, or 5 day
violations, many of which lead to an inordinate amount of time to track, send notices to owners,
tow, provide for vehicle releases and conduct related auctions. The current fine of $25 is not
sufficient to offset costs related to this enforcement and an increase to $30.00 is recommended.
This ordinance raises the fine amount on all other parking violations except for fire lane
violations (already $50.00) and handicapped violations (already $100.00).
FISCAL EFFECTS: In 2008, the city issued 13,433 parking citations at $15.00 each. Had
100% of those citations been paid, the amount collected would have been $201,495. An increase
to $20.00 would have brought in $268,660. Based on 2008 numbers, the city would see an
increase in citation revenue of $67,165.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email or call Paul Burns at pburns@bozeman.net, 582-
2903, if you have questions prior to the meeting.
Respectfully submitted,
Paul Burns, Parking Manager
Chris Kukulski, City Manager
Attachment: Ordinance 1771
184
1
ORDINANCE NO. 1771
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTION 10.32.410 OF THE BOZEMAN
MUNICIPAL CODE TO INCLUDE PROVISIONS RELATED TO FINES FOR
VIOLATIONS OF CHAPTER 10.32, BOZEMAN MUNICIPAL CODE, AND TO
INCREASE THE MINIMUM CIVIL PENALTY FOR VIOLATIONS OF
10.32.250D FROM $25.00 TO $30.00 AND INCREASING ALL OTHER
SECTIONS OF CHAPTER 10.32 OTHER THAN 10.32.180 FROM $15.00 TO
$20.00.
WHEREAS, Sect. 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 Title 10
of the Bozeman Municipal Code to regulate parking, including the issuance of fines for
violations; and
WHEREAS, the City of Bozeman and Bozeman Parking Commission recognizes that
fines must be established at a rate that encourages fair and safe parking for all residents; and
WHEREAS, the Bozeman Parking Commission recognizes that the City of Bozeman’s
costs for issuance of fines, for collection of fines, and for departmental operations have increased
while the fine amount has not changed since 2002.
185
2
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 10.32.410 of the Bozeman Municipal Code be amended to read as follows,
with additions underlined and deletions stricken:
10.32.410 Enforcement – Penalty for Violations – Designated as Municipal Infractions
A. Municipal Infraction/Fines. A Vviolation of this Chapter is a municipal infraction and
shall be punishable by a civil penalty as provided in Section 1.24.040 except that and the
minimum civil penalties shall be imposed as follows: Court shall impose the following
minimum civil penalties:
1. The minimum civil penalty for violation of Section 10.32.390(A) shall be five
dollars
2. The minimum civil penalty for parking in violation of Section 10.32.180 shall be:
First citation $50.00
Second citation $50.00
Third and subsequent citations $100.00
The determining factor with respect to the civil penalty is the issuance of the
citation and not the judgment.
1. The minimum civil penalty for parking in violation of Section 10.32.180 shall be
a fine of not less than fifty dollars or more than three hundred dollars.
2. The minimum civil penalty for parking in violation of Section 10.32.250D shall
be a fine of not less than thirty dollars or more than three hundred dollars.
3. The minimum civil penalty for parking in violation of other Sections of this
Chapter shall be a fine of not less than twenty dollars or more than three hundred
dollars.
B. 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 Chapter within seven days
of issuance of the citation results in an additional administrative charge, in addition to the
penalty, of $20.00.
Ord. 1699 §1, 2007; Ord. 1580 §1, 2002; Ord. 1481 § 1, 1998; Ord. 1469 § 1, 1998; Ord. 1428
§1, 1996; Ord. 1383 §2, 1994; Ord. 1345 §7, 1992; Ord. 1140 §1, (part), 1983).
186
3
Section 2
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.
Section 3
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.
Section 4
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 5
Effective Date.
This ordinance shall be in full force and effect thirty days after final adoption.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 24th day of August, 2009.
____________________________________
JEFF KRAUSS
Deputy Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
187
4
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 ____ day
of September, 2009. The effective date of this ordinance is October __, 2009.
_________________________________
KAAREN JACOBSON
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
188