HomeMy WebLinkAboutParking Resolution PC2009-04, Ratifying Ordinance 1771 Increasing Civil Penalty for Parking Violations r�
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.
Chris Pope, Parking Commission Chair
ATT
PAUL BURNS, City of Bozeman Parking Manager
Enclosure: City of Bozeman Ordinance 1771
c
O0.
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 10.32.1$0 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:
1 of 4
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 emeept -that and the
minims civil penalties shall be imposed as follows: GeaA shall impo t h e o ll e
2. The minimum ei-vil penalty for paddag in vielati-Ain -Af- N-e-es-ion 10.32.180 shall be
s
First ei"e $50
Svwncr-aras
Thi su bsequent eitafiens V00
eitafien 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 penally for Rarking 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
Cho ter shall be a fine of not less than twenty dollars or more than three hundred
d to lars.
B. The detcrmininp, factor with r ct to the civil enal is the issuance of the citation and
not the jud=ent. Failure to pLLy a citation for violation of this Cha ter 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
2 of 4
C
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 14` day of September, 2009.
1 a
KAAREN JACOBSON
Mayor
4
ATE` T
r
S
City IU�
i
3 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 5 day of
October, 2009. The effective date of this ordinance is February 1, 2010.
"-&I\- V2"—A
KAARENJACOB5
Mayor
ATTB OZ�•,
A
City Cie �N ca 0
APPROVED AS TO FORM:
i"
RE IVAN
C
4 of 4