HomeMy WebLinkAboutOrdinance 09- 1771 Amending 10.32.410 BMC, Parking CitationsORDINANCE 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 Vv_iolation of this Chapter is a municipal infraction and
shall be punishable by a civil penalty as provided in Section 1.24.040 e~~ and the
civil penalties shall be imposed as follows:
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 penaltyforparking 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 penaltyfor 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
§l, 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.
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KAAREN JACOBSON
Mayor
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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.
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APPROVED AS TO FORM:
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