HomeMy WebLinkAboutOrdinance No. 1771, Increase of Fine Amount for Parking CitationReport compiled on September 30, 2009
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Burns, Parking Manager
Chris Kukulski, City Manager
SUBJECT: Ordinance 1771, final adoption of increase of fine amount for parking
citation for 48 hour/5day 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: October 5, 2009.
AGENDA ITEM TYPE: Consent.
RECOMMENDATION: At the request of the Bozeman Parking Commission, final adoption
of 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: On September 14, 2009, the City Commission voted 5-0 in favor of
Ordinance 1770, effective February 1, 2010.
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
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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 ALL
SECTIONS OF CHAPTER 10.32 OTHER THAN 10.32.180 AND 10.32.240 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 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.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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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 10.32.240 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).
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
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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 after final adoption beginning February 1,
2010.
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 14th day of September, 2009.
____________________________________
KAAREN JACOBSON
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
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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 5th day of
October, 2009. The effective date of this ordinance is February 1, 2010.
_________________________________
KAAREN JACOBSON
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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