HomeMy WebLinkAboutParking Resolution PC2010-02, Adoption and RecommendBOZEMAN PARKING COMMISSION
RESOLUTION PC2010-02
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A RESOLUTION OF THE BOZEMAN PARKING COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, THE ADOPTION OF AND THE RECOMMENDATION FOR
PASSAGE TO THE CITY COMMISSION OF THE CITY OF BOZEMAN CITY
ORDINANCE 1781.
WHEREAS, pursuant to city Resolution 3803, the Parking Commission of the City of
Bozeman, Montana, 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 Parking Commission, having been
vested the authority by the City Commission, to "regulate on-street parking when it remains in
use, in coordination with off-street parking, subject to traffic regulations imposed by the state;"
and
WHEREAS, Sect. 7-14-4628, MCA, authorizes the Parking Commission to issue
regulations for on-street parking related to the determination of parking locations, variable
parking durations, variable parking rate schedules, and enforcement policies and procedures; and
WHEREAS, the Parking Commission resolved Resolution PC2009-01 which adopted
City Ordinance 1770, authorizing the immobilization of vehicles with six or more outstanding
parking citations; and
WHEREAS, the Parking Commission recommended that the City Commission adopt
City Ordinance 1770, authorizing the immobilization of vehicles with six or more outstanding
parking citations; and
NOW, THEREFORE, BE IT RESOLVED th at the Parking Commission of the City of
Bozeman, Montana, adopt City Ordinance 1781; and
BE IT FURTHER RESOLVED that the Parking Commission of the City of Bozeman,
Montana, recommend to the City Commission of the City of Bozeman the passage of City
Ordinance 1781.
PASSED and adopted by the Parking Commission of the City of Bozeman, Montana, on
first reading at a session held on the 14th day of April 2010.
ATTEST
PAUL BURNS, City of Bozeman Parking Manager
Enclosure: City of Bozeman Ordinance 1781.
Pain Bryan, Chair
Ordinance No. 1781
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTION 10.32.410 OF THE BOZEMAN MUNICIPAL. CODE
(BMC) TO INCLUDE PROVISIONS REGARDING THE IMPOUNDING OF VEHICLES
FOR EVIDENCIARY PURPOSES, AND TO ESTABLISH A STORAGE FEE FOR
IMPOUNDED VEHICLES, AND TO CLARIFY THE USE OF A BOND POSTED ON A
VEHICLE RELEASE, AND TO ESTABLISH PROCEDURES FOR THE SALE OF AN
UNCLAIMED IMPOUNDED VEHICLE, AND TO ESTABLISH STATUTE OF
LIMITATIONS FOR ENFORCEMENT, COLLECTION AND IMMOBILIZATION
ACTIONS, AND TO RENUMBER SECTION 10.32.410,L TO SECTION 10.32.420.
WHEREAS, Sect. 61- 12- 101(1), MCA, authorizes the City of Bozeman to regulate the
standing and parking of vehicles; and
WHEREAS, Title 7, Chapter 14, Part 46, authorizes the Bozeman City Commission to
create a Parking Commission which was done and whose powers are created pursuant to
Resolutions 1676, 1839, 3803, and 3976; and
WHEREAS, Sect. 7 -14 -4608, MCA, states the resolutions creating a parking commission
"shall clearly specify areas within the city... over which the commission and the city,
respectively, are to have jurisdiction and control; and
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, the Bozeman City Commission has jurisdiction regarding parking
enforcement in all other areas of the City; and
WHEREAS, Sect. 7 -14- 4622(7), MCA, authorizes the Parking Commission, having been
vested the authority by the City Commission, to "regulate on- street parking when it remains in
use, in coordination with off street parking, subject to traffic regulations imposed by the state:"
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 Commission finds the issuance of citations to those who violate the
parking ordinances of the City of Bozeman and the processing of citations must be done in a
manner that affords adequate due process to alleged violators; and
WHEREAS, the City Commission recognizes inequity and a lack of fundamental fairness
exists when some citizens pay parking citations in a timely manner while others ignore the
citations due to a perceived lack of enforcement; and
WHEREAS, pursuant to Ordinance 1770, the City Commission created an enforcement
program that, upon adequate due process, allows the immobilization (i.e. "booting of vehicles
with an certain amount of unpaid violations of Chapter 10.32 against the vehicle or the vehicle
owner and that also allows for the impoundment of vehicles under certain circumstances; and
WHEREAS, the City Commission recognizes the need to establish procedures to address
the impounding, storage and related disposal of vehicles seized pursuant to police investigations
or court orders; and
WHEREAS, the City Commission recognizes the need to establish storage fees of
vehicles that fairly and adequately address the costs of storage and assess those costs to the
owner of an impounded vehicle; and
WHEREAS, the City Commission recognizes a bond posted by a vehicle owner or the
owner's authorized agent should be used to satisfy all costs related to the immobilization,
impound, storage, and administrative costs and all unpaid violations owed on the vehicle unless
the owner or authorized agent specifically appeals the immobilization and related impound in
wilting; and
WHEREAS, the City Commission recognizes the need to establish procedures for the
sale or disposal of unclaimed impounded vehicles; and
WHEREAS, the City Commission recognizes the importance of clearly identifying the
manner in which proceeds from the sale of a vehicle are applied in order to properly and fairly
address all costs related to the immobilization, impound, storage, administrative and unpaid
violations owed on the vehicle as well as to address circumstances in which either additional
proceeds are received or circumstances in which all costs are not fully satisfied; and
WHEREAS, the Parking Commission adopted Resolution PC2010 -02 adopting this
ordinance as a parking regulation for each of its three districts and supports the adoption of this
ordinance by the City Commission.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 10.32.400 of the Bozeman Municipal. Code be amended to read as folio s,
with additions underlined and deletions stricken:
10.32.400 Legislative Intent
It is the intent of the City Commission that the violations listed in this chapter, except for
a violation of 10.32.420 (tampering with or removal of an immobilization device), are offenses
involving civil liability and are considered municipal infractions under Chapter 1.24 of this code.
It is also the intent of the City Commission that a violation of 10.32.420 is a misdemeanor
criminal offense of absolute liability and shall not require proof of any of the mental states
described in subsections (33), (37) and (58) of Section 45-2-101, MCA. (Ord. 134, §6, 1992;
Ord. 1140. 1 (part), 1983; Ord. 1126 2, 1983.
Section 2
That the following provisions of 10.32.410 of the Bozeman Municipal Code are hereby
amended as follows:
H. Immobilization of Vehicle.
1. Actions to immobilize a vehicle are for the purpose of collection and are not
considered a penalty. The City may immobilize using any immobilization device
(i.e. a "boor) any vehicle while parked legally or illegally upon the ways of the
city open to the public when:
i. The vehicle is subject to six or more unpaid violations of this Chapter as
determined by 10.32.H.3 regarding that vehicle;
ii. An owner of the vehicle has six or more unpaid violations of this Chapter
as determined by 10.32.H.3 and those violations were issued for any
vehicle the person currently owns or has owned; or
A Municipal Judge has ordered the vehicle immobilized or impounded.
If immobilization is conducted pursuant to subsections (i) or (ii), above, a
judgment or order of the municipal court is not required.
2. Prior to immobilization, the city shall send via regular mail with delivery
confilluation requested a notice to the last known address of the owner of any
vehicle having six or more unpaid violations of this Chapter as determined by
10.3211.3 that the vehicle may be impounded or immobilized when located upon
the ways of the city open to the public. The notice must reference all the unpaid
violations of this Chapter against the vehicle or the owner and allow the person
ten business days from the date of mailing of the notice to pay all unpaid
violations of this Chapter or contest the determination the vehicle is subject to
immobilization in the Municipal Court. If the vehicle owner does not respond
within ten business days of the date of the mailing, the city may immobilize or
impound the vehicle,
Only the following violations of this Chapter may be considered in determining
the number of violations that subject a vehicle to immobilization:
i. All violation(s) occurring after July 1, 2007;
ii. Any violation(s) occurring prior to July 1, 2007 wherein a summons and
compliant has been lawfully served on the vehicle owner; and
iii. Any violation(s) of this Chapter for which a judgment has been entered by
the Bozeman Municipal Court as long as the judgment occurred no more
than ten years prior to the date the notice of a pending immobilization is
sent pursuant to 10.32.H.2.
4. A $150 immobilization fee and costs of impoundment, will be assessed against
the owner and must be paid prior to release.
At the time a vehicle is immobilized, the City shall conspicuously affix to the
vehicle a written notice via a highly visible sticker or other material with an
adhesive backing that can be fastened to the driver -side window containing the
following information:
This vehicle has been immobilized for six or more unpaid violations of
Title 10, Ch. 32 of the Bozeman Municipal Code or by Order of the
Municipal Court. Release from immobilization may be obtained by paying
all unpaid violations at City Hall, 121 N. Rouse Ave., Bozeman, or by
appearing in Bozeman Municipal Court, Law Justice Center, 615 S.
16th Ave., Suite 123, to answer to the unpaid violations. All assessed fees,
including a $1 50.00 fee for immobilization, must be paid prior to release
of this vehicle. If the vehicle remains immobilized for more than twenty-
four hours, the vehicle is subject to being towed and impounded as
provided in 10.32.410.1, BMC, with additional fees assessed at that time.
Removal or attempted removal of the immobilization device before a
release is obtained is unlawful and may be punishable as a criminal
offense as provided in Sect. 10.32.410.L, BMC. The owner may contest
the action of immobilization and/or impoundment by filing a request for a
hearing with the Bozeman Municipal Court within ten business days of the
immobilization/impoundment. Please call 406 582 -2303 during nornzal
business hours for information on how to release this vehicle. After hours,
please call 406-582-2000.
If the vehicle has been immobilized, and has remained immobilized for a
period of twenty-four hours or longer, and a release has not been obtained
from the City of Bozeman or the Municipal Court, then the City may
impound the vehicle as provided for in 10.32.410.1..
6. Nothing herein shall prohibit the City from providing alternative methods of
notice that a vehicle is subject to immobilization or that a vehicle has been
immobilized.
1. Removal/Impoundment of Vehicle.
1. The City, or authorized agent of the city, is authorized to remove or tow a vehicle
from the ways of the city open to the public pursuant to 10.60.020 or this section
to the city impound lot or to a location associated with the tow company where
the vehicle will be stored until the owner of such vehicle appears and claims the
same or the vehicle is sold at auction in compliance with §25 -13 -701, MCA,
through §25 -13 -709, MCA, under the following circumstances:
i. When any vehicle is left unattended upon any bridge /viaduct or causeway
or in any tube or tunnel where such vehicle constitutes an obstruction to
traffic;
ii. When a vehicle is left unattended and that vehicle constitutes an
obstruction to the safe and efficient removal of snow, ice, other weather
caused obstructions or the vehicle must be removed to facilitate the repairs
or replacement of City services;
When a vehicle upon a street constitutes an obstruction to traffic and the
person in charge of the vehicle fails to or is unable to provide for its
custody or removal;
iv. Upon issuance of a judicial order for any reason include any offenses
under this Title or Title 61, Montana Code Annotated;
v. In conjunction with an investigation in which the vehicle is seized
pursuant to §46-5-311, MCA, or seized pursuant to a court order; or
vi. Whenever any vehicle is found by the City parked or left standing in the
ways of the city open to the public and:
1) The vehicle is subject to six or more unpaid violations of this
Chapter as determined by 10.32.1-1.3 regarding that vehicle;
2) An owner of the vehicle has six or more unpaid violations of this
Chapter as determined by 10.32.H.3 and those violations were
issued for any vehicle the person currently owns or has owned; or
3) A Municipal Judge has ordered the vehicle immobilized or
impounded.
Prior to towing a vehicle under subsection vi, the City must have
immobilized the vehicle following service upon the last known registered
owner of the vehicle of a final written notice in a similar foal, to that
required in 10.32.410.H.
2. Whenever a city employee authorizes the removal of a vehicle from the ways of
the city open to the public as authorized in 10.32.41 and the employee
removing the vehicle knows or is able to ascertain from the registration records on
the vehicle the name and address of the owner thereof, and in compliance with
§61 -12 -402, MCA, such officer shall send a notice by certified mail within
seventy-two hours to such owner and lien holder, if applicable, of the fact of such
removal and the reasons thereof and of the place to which such vehicle has been
removed. If any such vehicle is stored in a public garage or other storage facility,
a copy of such notice shall be given to the attendant or owner of the facility.
Further, a city employee authorizing the removal of the vehicle, shall adequately
update written or electronic records of the immobilization and/or tow to provide
for later identification of all fees relative to the release of the vehicle to the
registered owner.
3. Impound Fee. The cost of towing or removing such vehicle, administrative fees
related to notification of the removal, and costs of storing the vehicle shall be
chargeable against the vehicle as the impound fee and shall be paid by the owner
of the vehicle before the vehicle shall be released pursuant to 10.32.410.J.
4. Storage Fee. The vehicle may be stored in a public or a private place; if a private
place, the storage charges shall be the amount charged for such private storage; if
stored on public property, the storage fee shall be seventy-five dollars for each
month, or any part thereof. up to a maximum of two hundred twenty-five dollars.
Storage fees for vehicles impounded shall not begin to accrue until five business
days following mailing of a certified letter notifying the registered owner of the
impoundment or the owner has been directly advised. In addition, storage fees
shall not be assessed against the owner of a vehicle impounded pursuant to
10.32.410.1.1 until the vehicle has been cleared for release and five business days
have passed after the owner has been advised of the release directly or by sending
notice of the release by certified mail. The owner of a vehicle impounded and
towed due to unpaid parking tickets must secure the release of the vehicle as
required by 10.32.410.J. The City assumes no responsibility for the condition of
the vehicle upon towing to impound or a facility provided by a private towing
entity.
J. Release of Vehicle to Owner for Immobilization or Impoundment.
1. An immobilized or impounded vehicle may be released from immobilization or
impoundment only after evidence of ownership or right to possession of the
vehicle is provided to the City.
2. The owner of an immobilized or impounded vehicle may secure its release:
i. Prior to Impoundment: by paying all unpaid violations of this Chapter and
all administrative costs, including the costs of immobilization as stated in
subsection (iii) of this section with the City Finance Department;
ii. Impoundment Due to Court Order: by paying the unpaid violations of this
Chapter and all administrative costs, including the costs of immobilization
and/or impoundment as stated in 10.32.41011.4, to the City Finance
Department, or as determined by the Bozeman Municipal Court; or
iii. After Impoundment: by posting a bond with the City Finance Department
in an amount equal to:
1) all outstanding violations of this Chapter and all administrative
costs;
2) The immobilization fee of $150.00; and
3) A sum equal to the impound fee if the vehicle was impounded.
iv. After normal business hours release: by posting cash bond with the
Bozeman Police Department that includes all costs listed in Section 2. iii.
above for emergency exceptions, as necessary.
3. At the time the vehicle is released, the owner or the authorized agent of the owner
may challenge the immobilization or impoundment in the Municipal Court. If at
the time of vehicle release the owner posts a bond pursuant to 10.32.410.E.1.ii yet
fails to challenge the immobilization or impoundment pursuant to 10.32.410.K,
the bond shall be forfeit and considered as final payment for all debts and
judgments listed in 10.32.410.J.2.iii.
L. Sale of Impounded Vehicles.
1. Vehicles that are not reclaimed within 30 days after notification by certified mail
or prescribed publication, in accordance with 10.32.410.1.2, or any vehicles seized
and held as evidence where the vehicle no longer has any evidentiary value and
for which an order for disposal for the vehicle has been signed by a judge in
accordance §46 -5 -307, MCA and §46 -5 -308, MCA, may be sold at public auction
in the manner provided in §2,5 13 et seq., MCA.
2. Proceeds from a sale involving vehicles seized pursuant to this chapter shall be
applied first to pay for costs and charges as listed in 10.32.410.J.2.iii, with any
additional balance deposited in the City of Bozeman general fund except when the
City is required by law to deposit the balance or any part thereof with another
party. In the event of a sale resulting in recovery of costs less than those listed in
10.32.410.J.2.iii, any unpaid violations or costs may form the basis for additional
enforcement under this chapter.
Statute of Limitations. Enforcement and collection actions, to include issuing a
Notice of Immobilization under 10.32.410.H.2, may not be issued if the following
time periods have been exceeded:
Civil Citation Only: For citations issued after July I, 2007 for which a summons
has not been issued in accordance with 10.32.410.0.1, one year from the date of
issuance of the citation and prior to the date of notice of immobilization under
10.32.410.H.2;
2. Court Summons issued for Civil Citation: For citations issued after July 1, 2007,
for which a summons has been issued in accordance with 10.32.410.G.1., but a
judgment has not been entered, three years after issuance of the summons and
prior to the date of notice of immobilization under 10.32.410.H.2;
Court Summons issued for Criminal Citation: For any citation issued prior to July
1, 2007 that was issued as a criminal citation and where a summons and
complaint had been filed with the Municipal Court, three years from the date of
filing with the Court and prior to the date of notice of immobilization under
10.32.410.H.2;
4. Judgment entered: For any violation, whether occurring prior to July 1, 2007 or
later, if a judgment has been entered by a court, ten years after judgment and prior
to the date of notice of immobilization under 10.32.410.H.2.
Repealer.
Section 3
That Section 10.32.420 of the Bozeman Municipal Code be created to read as follows:
10.32.420 Tampering with or Removal of Immobilization Device Prohibited Penalty
1. A person commits the offense of tampering with or removal of an immobilization
device if, before a release of the immobilization device is authorized by the City
or the Municipal Court, the person:
removes or attempts to remove an immobilization device from a vehicle;
ii. relocates the immobilization device from its original installation position;
iii. causes damage of any kind or amount to the immobilization device; or
iv. removes an immobilized vehicle with or without the immobilization
device attached from the vehicles location at the time the immobilization
device was attached.
2. A person convicted of this offense is guilty of a misdemeanor and shall be fined
not to exceed five hundred dollars or imprisoned in the county jail for a period not
to exceed six months or both such fine and imprisonment.
3. As an alternative to incarceration, the person may be ordered to participate in a
supervised community corrections program or community service pursuant to
§46-18-20 MCA.
4. In addition, the person so convicted shall be ordered to pay restitution for the
damages caused in an amount to be determined and set by the Court. The Court
shall give full and due consideration to the person's ability to pay the restitution,
and may modify the order upon good cause shown by the person. Restitution must
be paid in full prior to release from jurisdiction of the City.
Savings Provision.
Section 4
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
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 5
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.
Severability.
Section 6
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.
Codification Instruction.
Section 7
The provisions of Section 1, Section 2 and Section 3 shall be codified as appropriate in
Chapter 10.32 of the Bozeman Municipal Code,
Effective Date.
This ordinance shall be in full force and effect on day of 2010.
ATTEST:
STACY ULMEN
City Clerk
Section 8
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the day of 2010.
JEFF KRAUSS, M ayor
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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 day
of 2010. The effective date of this ordinance is day of
2010.
ATTEST:
STACY ULMEN
City Clerk
JEFF KRAUSS, Mayor
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney