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HomeMy WebLinkAbout09- Parking Regulation Enforcement between Parking Commission and City Commission (2)MEMORANDUM OF UNDERSTANDING AND AGREEMENT PARKING REGULATION ENFORCEMENT BETWEEN BOZEMAN PARKING COMMISSION AND BOZEMAN CITY COMMISSION THIS Memorandum of Understanding and Agreement is made and entered into this 7th day of December 2009 by and between THE BOZEMAN CITY COMMISSION, Bozeman, Montana, hereinafter referred to as the "City Commission" and THE BOZEMAN PARKING COMMISSION, hereinafter referred to as the "Parking Commission." WHEREAS, §61-12-101(l), MCA, authorizes the City of Bozeman to regulate the standing and parking of vehicles; and WHEREAS, Title 7, Chpt, 14, Part 46, MCA, 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 related Ordinances 1345, 1376, 1388, 1536, 1542, 1579; and WHEREAS, §7-14-4607, MCA, states that in any suit, action, or proceeding by or against or in any manner relating to a parking commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of a resolution by the legislative body declaring the need for the commission to function. WHEREAS, §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, §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 onstreet 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, §7-14• 4632 allows and encourages shared resources between the Parking Commission and City Commission stating in order that there may be no unnecessary duplication of effort or expense, the Parking Commission shall have access, for the purposes of the Parking MEMORANDUM OF UNDERSTANDING AND AGREEMENT PARKING REGULATION ENFORCEMENT BETWEEN BOZEMAN PARKING COMMISSION AND BOZEMAN CITY COMMISSION Commission, to the services and facilities of the city planning department, the city engineer, the police department, the fire department, and such other departments and offices of the city as may be appropriate therefore. 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 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 2009, 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 Safcty-Police; and WHEREAS, after January 1, 2010, these officials will fall under direct supervision of the Parking Manager; and 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 MEMORANDUM OF UNDERSTANDING AND AGREEMENT PARKING REGULATION ENFORCEMENT BETWEEN BOZEMAN PARKING COMMISSION AND BOZEMAN CITY COMMISSION ..... . ......... .......... . ................ WHEREAS, the City Commission and Parking Commission recognize 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, Ordinance Bozeman City Ordinance 1770 and Parking Commission Resolution PC2009-01 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, in the case of immobilization or impoundment, both the City Commission and Parking Commission understand significant private interests are at stake including that a person's ability to make a living and a person's access to both the necessities and amenities of life may depend upon the availability of a vehicle yet the both commissions find a citizen incurs the risk of losing access to their vehicle only after the accrual of substantial violations and significant opportunities to either pay fines and fees associated with the violations or contest those violations through available procedures; and WHEREAS, the City Commission and Parking Commission recognizes that due to the process required prior to immobilization or impoundment, the risk of an erroneous deprivation is significantly reduced as not less than six violations must be issued by the City to the owner or operator of a vehicle subject to immobilization, reminder letters are sent to an owner when in violation, and a pre-immobilization/impoundment notice is sent offering the person an opportunity to pay all outstanding violations thus avoiding immobilization or impoundment and as such there is adequate notice that failure to pay outstanding citations may result in immobilization or impoundment; and WHEREAS, the City Commission and Parking Commission recognize that the risk of an erroneous deprivation of a person's property interest is also significantly reduced if any challenges to erroneous citations are minimized; and AND WHEREAS, the City Commission and Parking Commission wish to enter into a Memorandum of Understanding to better facilitate the exercise of their independent, as well as their cooperative duties. NOW THEREFORE, the parties mutually agree as follows: MEMORANDUM OF UNDERSTANDING AND AGREEMENT PARKING REGULATION ENFORCEMENT BETWEEN BOZEMAN PARKING COMMISSION AND BOZEMAN CITY COMMISSION PURPOSE/SERVICE AREA/AGENCY. A. This Memorandum and Agreement is entered into to authorize employees of the City of Bozeman that serve under the supervision of either the Parking Manager or the Chief of Police (Department of Public Safety-Police) to provide enforcement of parking regulations and issue Notices of Municipal Infractions specific to parking enforcement in the 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 in areas within the City limits of Bozeman that occur outside of the three parking districts, subject to any limitations or conditions specified in this agreement. B. The area this Agreement applies to includes the City's service area which includes all property located within the corporate limits of the City of Bozeman as well as any property owned, leased or operated by the City of Bozeman within Gallatin County and which is located within a five mile radius as provided in §7-32-4301 MCA and §2.40.020(B) BMC, C. Employees of the City of Bozeman under the supervision of the Parking Manager are agents of the City of Bozeman when enforcing parking laws in areas outside of the jurisdiction of the Parking Commission. Employees of the City of Bozeman under the supervision of the Police Chief (Department of Public Safety-Police) are agents of the Parking Commission when enforcing parking laws in any parking district under the jurisdiction of the Parking Commission. 2. AUTHORITY TO ENFORCE PARKING VIOLATIONS. Within the service area described in 13, above, regardless of jurisdiction of the City Commission or Parking Commission: A. Employees under the supervision of the Parking Manager and under the super-vision of the Department of Public Safety-Police are authorized to provide enforcement of parking regulations and issue related Notices of Municipal Infractions for parking violations as set forth in Title 10 chapters 32 and 34 of the Bozeman Municipal Code or violations of Title 61 of the Montana Code Annotated, and Section §49-4-302 pertaining to handicapped parking spaces. B. Employees under the supervision of the Parking Manager and under the supervision of the Department of Public Safety-Police are authorized to immobilize and/or impound a vehicle in accordance with Section 10.32.410 Bozeman Municipal Code. 3. PARKING OPERATIONS MEMORANDUM OF UNDERSTANDING AND AGREEMENT PARKING REGULATION ENFORCEMENT BETWEEN BOZEMAN PARKING COMMISSION AND BOZEMAN CITY COMMISSION ...................... ...................................... ................................................................................................. A. Employees under the supervision of the Parking Manager and under the supervision of the Department of Public Safety-Police may share equipment, resources and vehicles pursuant to §7-14-4632 as determined by agreement between the Parking Manager and the Director of Public Safety-Police, or designee. B. Employees under the supervision of the Parking Manager and under the supervision of the Department of Public Safety-Police shall assist in the identification, notice and taking vehicles into custody pursuant to abandoned vehicle laws and requirements pursuant to §61-12-401 through §61-12-404 et seq. MCA. 4. COURT JURISDICTION AND PROSECUTION A. Both parties agree that any Municipal Infractions issued for parking violations pursuant to this agreement shall be within the jurisdiction of the Bozeman Municipal Court. B. Both parties agree to provide to the Department of Public-Safety, Parking Manager, City Finance Department, and the City Attorney's office a current list of all assigned officers and badge numbers as well as a mechanism to contact the officers. If during the term of this Memorandum of Understanding and Agreement any arnencirnent(s) is made to the statutes and ordinances set forth above, the Parties shall comply with any and all such amended laws and ordinances. Nothing herein shall be deemed to invalidate any previous notice or citation issued by the City. The provisions of this Agreement shall continue to have effect regardless of a change to the boundaries of a parking district and shall apply to any new parking district lawfully created after the date of this Agreement. This agreement may be terminated by resolution through either the Parking Commission or City Commission in accordance with Montana Code Annotated and Bozeman Municipal Code. 7. HEADINGS The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provisions of this agreement. 8. EFFECTIVE DATE MEITI 0.11ill DUM OF UNDERSTANDING AND AGREEMENT PARKING REGULATION ENFORCEMENT BETWEEN BOZEMAN PARKING COMMISSION AND BOZEMAN CITY COMMISSION ............... . . .... ................. This amended agreement will become effective on the date set forth above and shall continue in effect until it has been modified or terminated in accordance with the terms set forth in this agreement. BOZEMAN PARKING COMMISSION Chris Pope Bozeman Parking Commission Chairman Attest 12 Paul Bums Parking Manager [No 09,121101W405 M40 Chris Kukulski City Manager AT TYfI30Z Uf r- k o =IhA arion 0 ', APPROVED AS TO FORM: Greg 0111 C) U City Attorney l7 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;" 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 1 of 4 WHEREAS, the City of Bozeman has adopted numerous provisions included in'ritie io 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 super-vision of the Parking Manager; and 2 of 4 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. 3 of 4 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. 11 I V CO KAARENJ1AC0 SON Mayor G 'G SULLIVAN City Attorney 4 of 4