HomeMy WebLinkAboutOrdinance 92- 1345, Adds §§ 10.32.350--10.32.390, renumbers existing 8 10.32.350 to be 8 10.32.400 and renumbers and amends existing § 10.32.360 to be 8 10.32.410, stopping, standing and parking
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ORDINANCE NO. 1345
AN ORDINANCE
OF THE CITY
COMMISSION OF THE
CITY OF
BOZEMAN.
MONTANA PROVIDING THAT
THE BOZEMAN MUNICIPAL
CODE
BE AMENDED BY
REVISING SECTIONS
10.32.350 AND
10.32.360 AND RENUMBERING THESE SECTIONS AS 10.32.400 AND
10.32.410 RESPECTIVELY. AND BY ADDING SECTIONS 10.32.350
THROUGH 10.32.390.
INCLUSIVE. PERTAINING
TO STOPPING.
STANDING. AND
PARKING OF
VEHICLES THEREBY
CREATING A
PROCEDURE FOR
THE ESTABLISHMENT
OF A
RESIDENTIAL ON-
STREET PARKING PERMIT REGULATION PROGRAM.
BE
IT ORDAINED BY
THE CITY COMMISSION
OF THE
CITY OF BOZEMAN.
MONTANA:
SECTION 1 :
That section
10.32.350 be added to
the Bozeman
Municipal Code so that such section shall read as follows:
010.32.350 PROCEDURE FOR THE
ESTABLISHMENT OF A RESIDENTIAL
ON-STREET PARKING PERMIT REGULATION PROGRAM.
A. Pursuant
to the
powers granted
to local governments
pursuant to Montana State
law to regulate the standing or parking
of
vehicles on public
streets, the use
of public
streets and
traffic upon public streets, the City Commission may,
after holding
a public hearing on any residential parking permit proposal,
create
pursuant
to ordinance areas
of
the City
to be designated
as
residential parking permit areas during specified times
of the day
and week
if the City
Commission finds
that the residential
area
under consideration for such a designation is:
1. predominantly
residential in character;
2. an
area the streets of which are regularly congested with
vehicles parked by persons not residing in the area;
3. an
area in
which a significant
number of residential
dwelling unit structures lack sufficient off-street
parking spaces
to
adequately serve
the motor vehicle
parking needs
of the
residents of
many of the
residential dwelling unit
structures in
the residential area;
and
4. an
area where limiting
the parking of vehicles
along the
public streets better provides adequate motor vehicle
parking for
residents of the area.
B. Any
ordinance designating
an area of
the City
as a
residential permit parking area shall describe:
1. the designated public street area along which parking
will
be limited to vehicles registered to or controlled and
exclusively
used by persons residing in the area;
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2. hours
of each day
and days of
each week that
the -
residential parking permit regulations shall be
in effect;
3. the
individuals eligible to purchase a permit;
4. effective
dates of annual permits;
5. any special provisions or exceptions applicable to schools,
churches, businesses, public park use,
etc. within the residential
area;
and
6. visitor
permit or
special gathering provisions
for the
residential area.
C. Upon
adoption of
any ordinance
by the City Commission
designating
an area
for residential parking
permit only,
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SECTION 2:
That section
10.32.360 be added
to the
Bozeman
Municipal Code
so that such section shall read as follows:
"10.32.360 LIMITATIONS
ON PARKING
IN A
RESIDENTIAL PARKING
PERMIT ONLY AREA.
A. It shall be unlawful for any person to stop.
stand or park
a
vehicle on
any street designated
a residential
permit only
parking
area during the
hours and
on the
days set forth
in an
ordinance
adopted by the City Commission. except
in the following
circumstances:
1- Those
vehicles displaying
a valid
residential parking
permit or a temporary visitor's permit for the area.
or
2. An
emergency vehicle. including.
but not
limited to an
ambulance.
fire engine
or police vehicle. or
3. A
clearly marked business
vehicle which
is under
the
control
of a person
providing a service
to persons
or property
located
in the designated
residential permit
only parking
area.
including but not limited to
a delivery vehicle."
SECTION 3:
That section
10.32.370 be added
to the
Bozeman
Municipal Code
so that such section shall read as follows:
"10.32.370 RESIDENTIAL PARKING PERMIT APPLICATION PROCEDURE.
Applications for
residential
parking
permits shall be
submitted to the City on a prescribed form and shall
be accompanied
by
proof in a
form satisfactory to
the City
of the applicant's
place of residence within the residential parking permit
only area.
as well as proof of registration of use and control
of each vehicle
for which a residential parking permit is sought.
Each application
shall be
accompanied by the
appropriate fee
for each vehicle
for
which a
parking permit is
sought. No part of
the parking
permit
fees
shall be
refundable.
The amount of
the fees
shall be
established
by resolution
at the
level that covers
the cost of
administration and
enforcement of
the
residential parking permit
regulations
in the residential
area. "
SECTION 4:
That section
10.32.380 be added
to the
Bozeman
Municipal Code
so that such section shall read as follows:
"10.32.380 RESIDENTIAL PARKING PERMIT FORM AND ISSUANCE.
A. Upon approval by the City of
the application of any person
residing
in a residential parking permit only area. a residential
parking permit shall be issued for each vehicle receiving
approval.
Upon approval by the City of the application of any
person residing
in a residential parking permit only area for a temporary
visitor's
permit.
such permit shall
be issued
by the
City. No more
than
three temporary visitor's parking permits shall be issued
annually
for a
single residential dwelling
unit.
B. Each reside
ntial parking permit
issued by the City
for a
vehicle
shall set
forth at least
the date of
issuance and the
license
number of the
SECTION
5: That section
10.32.390 be
added to the
Bozeman
Municipal Code so that such section shall read as follows:
"10.32.390 DISPLAY OF RESIDENTIAL PARKING PERMITS REQUIRED.
Residential
parking permits
and temporary visitor's permits
shall be
displayed on a
vehicle in the
place and in the
manner
prescribed by the City.
It is unlawful to either fail to display
or improperly display a residential parking permit.
or to attempt
to use
a residential
parking permit from
another area in
a
designated residential area.
SECTION
6: That existing section
10.32.350 of
the Bozeman
Municipal Code be amended so that such section shall be numbered as
follows:
"10.32.350 10.32.400 Legislative Intent"
SECTION 7:
That section
10.32.360 of the Bozeman Municipal
Code be amended so that such section shall be numbered and read as
follows:
"10.32.360 10.32.410 Enforcement - Penalty for Violations
A.
It is a misdemeanor for any person to violate any of the
provisions of this chapter.
B.
Every person convicted of a misdemeanor for a violation of
any of the provisions of this chapter shall be punished by a fine
of not less than
five dollars or more
than three hundred
dollars
with the following exceptions:
1-
The minimum fine for overtime parking in
violation of the
following provisions shall be two dollars;
a.
Section 10.32.240~
a.
Section 10.32.250;
c.
Section 10.32.260.
a.
Sections 10.32.240 through 10.32.260.
inclusive.
2. The minimum fine for violation of the following provisions
shall be ten dollars;
a.
Section 10.32.350 through 10.32.390.
inclusive.
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J.. The minimum
fine for
violation of the following
provisions shall be fifteen
dollars;
a.
Section 10.32.030(A) ( 1 )
through (6 ).
inclusive;
b.
Section 10.32.030(A) ( 10) i
c.
Section 10.32.180;
d.
Section 10.32.190.
C.
Upon conviction. the court costs or any
part thereof may
be assessed against the violator in the discretion of the court.~
SECTION 8 -
REPEALER.
All
resolutions. ordinances.
and sections
of the Bozeman
Municipal code inconsistent herewith
are hereby repealed.
SECTION 9 - SEVERABILITY.
If any provisions of this ordinance or the application
thereof
to any person
or circumstances
is held invalid.
such invalidity
shall not affect the other provisions of this ordinance which may
Je given effect without the invalid provision or application.
and.
.0 this
end the
provisions of this
ordinance are declared
to be
everable.
SECTION 10 - EFFECTIVE DATE.
This
ordinance shall be
effective thirty
( 30) days after
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second reading and final adoption as provided by law.
PROVISIONALLY PASSED AND ADOPTED by the City Commission of
the City of Bozeman. Montana. at its meeting
held on the 4th
day of May .
1992.
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/TIMOTHY SWA N. MAYOR
ATTEST:
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RO N L. SULLIVAN
Clerk of the Commission
FINALLY PASSED AND ADOPTED by the City Commission of the
City of Bozeman. Montana.
at its meeting held on the 18th day
of May .
1992.
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ATTEST:
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ISHARON SCHUMACHER
Acting Clerk of the Commission
oJ
APPROVED AS TO FORM:
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