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HomeMy WebLinkAboutParking Resolution PC2009-04, Ratify Pasage of Ordinance 1771, Increases Civil Penalty for Parking Violations BOZEMAN PARKING COMMISSION RESOLUTION PC2009 -04 A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO RATIFY THE PASSAGE OF CITY ORDINANCE 1771 BY THE CITY COMMISSION OF THE CITY OF BOZEMAN THAT INCREASES THE MINIMUM CIVIL PENALTY IN PARKING DISTRICTS UNDER THE PARKING COMMISSION'S AUTHORITY FOR 48- HOUR/5 -DAY VIOLATIONS FROM $25 TO $30 AND INCREASES ALL OTHER VIOLATIONS FROM $15 TO $20. WHEREAS, pursuant to city Resolution 3803, the Bozeman Parking Commission has jurisdiction over three parking districts: the downtown B -3 Zoning District, the Montana State University Residential Parking District, and the Bozeman High School Residential Parking District; and WHEREAS, Sect. 7- 14- 4622(7), MCA, authorizes the Bozeman Parking Commission, having been vested the authority by the Bozeman City Commission, to "regulate onstreet parking when it remains in use, in coordination with offstreet parking, subject to traffic regulations imposed by the state;" and WHEREAS, Sect. 7 -14 -4628, MCA, authorizes the Bozeman Parking Commission to issue regulations for onstreet parking related to the determination of parking locations, variable parking durations, variable parking rate schedules, and enforcement policies and procedures; and WHEREAS, on September 14, 2009, the Bozeman City Commission voted to pass Ordinance 1771; NOW, THEREFORE, BE IT RESOLVED that the Parking Commission of the City of Bozeman, Montana, ratifies the passage of Ordinance 1771 by the City Commission of the City of Bozeman. PASSED and adopted by the Parking Commission of the City of Bozeman, Montana, on first reading at a session held on the third day of December, 2009. A ATT Chris Pope, Parking Commission Chair PAUL BURNS, City of Bozeman Parking Manager Enclosure: City of Bozeman Ordinance 1771 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 emeeptt and the minimum civil penalties shall be imposed as follows: G%H4 shall impose the fellewifi T- h A- m-- ft i M a PA 0 penaity fervie-le-ti-e-n- of See4ien 10.92.390(M shall be five dellEff 2. The minimufa ei-vil penalty for- parldag in -Aelafien ef Seefien 10.32.180 shall be-. Fix9t A-iWien $50 00 oi- t- At- i R $50..00 Third and subsequent eita6ens W00.00 I The minimum civil peg&lq for parking in violation of Section 10.32.180 shall be a fine of not less than fift dollars or mgmthan 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 jud xr� Failure to pay a citation for violation of this Chapterwithin 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 2 of 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 5th day of October, 2009. The effective date of this ordinance is February 1, 2010. L. KAARE dACOBS BO Mayor `A ATTBS� F r J KY �YJ{ r A L City 1c tY t co. APPROVED AS TO FORM: RE IVAN Ci ttomey w 4 of 4