HomeMy WebLinkAboutResolution 4223 MOU regarding Parking EnforcementCOMMISSION RESOLUTION NO. 4223
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, INCORPORATING ALL FINDINGS AND AGREEMENTS IN A
MEMORANDUM OF UNDERSTANDING AND AGREEMENT (MOU) REGARDING
PARKING REGULATION ENFORCEMENT BETWEEN THE PARKING
COMMISSION AND CITY COMMISSION, AUTHORIZING THE CITY MANAGER
TO SIGN THIS MOU AND AGREEMENT AND ADOPTING THE FINAL SIGNED
MOU.
WHEREAS, §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, §7 -14 -4628 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 Bozeman City Commission has jurisdiction regarding parking
enforcement in all other areas of the City; and
WHEREAS, the City Commission and Parking Commission of the City of Bozeman find
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
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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 City Commission and Parking Commission find 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 and Parking Commission support that consistent and
fair enforcement throughout the City of Bozeman is important to demonstrate responsiveness to
not just violators, but to provide access to free parking, identify and address unsafe parking and
work collectively to control or remove vehicles from both on- street and off - street parking that
are hindrances to traffic flow or street maintenance, such as leaf and snow removal; and
WHEREAS, in 2008, the City of Bozeman and Parking Commission agreed to the
creation of a supervisory position, hereinafter referred to as Parking Manager, that would serve
as a representative of the Parking Commission, under direct supervision and operational control
of the Parking Commission, and who would supervise personnel and operations specific to the
parking garage and to issues regarding the three parking districts; and
WHEREAS, prior to 2010, officials hired to enforce regulations in the three parking
districts, as well as outside of the three parking districts, have conducted this enforcement under
direct operational control and supervision of the Department of Public Safety - Police; and
WHEREAS, after January 1, 2010, these officials will fall under direct supervision of the
Parking Manager; and
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WHEREAS, police officers and employees under direct operational and supervision of
the Department of Public- Safety Police have assisted in enforcement of parking regulations in all
areas of the City, to include inside the three parking districts, particularly during hours when
parking officers are not available, and
WHEREAS, the City Commission recognizes the importance of working in
collaboration to share limited resources and provide consistent, fair and timely response to
parking complaints or enforcement of parking regulations; and
WHEREAS, the City Commission and the Parking Commission desire to authorize
employees of the City of Bozeman under the supervision of either the Parking Manager or the
Chief of Police (Department of Public Safety- Police) to have authority to enforce all parking
laws anywhere within the City of Bozeman regardless of the jurisdiction of the City Commission
or the Parking Commission; and
WHEREAS, the City Commission recognizes the need to support shared authority to
enforce parking regulations by incorporating all findings and agreements in a Memorandum of
Understanding and Agreement regarding parking regulation enforcement between the Parking
Commission and City Commission.
NOW THEREFORE BE IT RESOLVED, that the City Commission hereby adopts the
attached Memorandum of Understanding and Agreement with the Bozeman Parking
Commission (Attachment A) and authorizes the City Manager to sign said Agreement.
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof on the 7"' day of December, 2009.
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KAAREN JACQ SON
Mayor
APPROVED AS TO FORM:
G G SULLIVAN
City Attorney
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