HomeMy WebLinkAboutOrdinance 12- 1849 Chapter 36, Article 4, Parking Standards, City Parking Facilities, Applying rolling rule Gi 9x
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ORDINANCE NO. 1849
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA,AMENDING CHAPTER 36,ARTICLE 4 OF THE BOZEMAN MUNICIPAL
CODE RELATED TO PARKING STANDARDS AND CITY PARKING FACILITIES,
APPLYING THE "ROLLING RULE" TO CITY PARKING FACILITIES, ADJUSTING
THE FINE FOR PARKING LONGER THAN 48 HOURS ON A STREET, ALLEY, OR
CITY PARKING FACILITY, AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
Section 36.04.250 of the Bozeman Municipal Code shall be amended so that such section shall
read as follows:
"Sec. 36.04.250. - Parking limitations on certain streets/city parking facilities.
A. The director of public services is authorized to erect signs or markings upon either or both
sides of any street or highway to prohibit the standing or parking of vehicles or to restrict
such standing or parking.
B. The Parking Commission ma,bby, resolution erect signs or marking upon any city parking
facility to prohibit the standing or parking of vehicles or to restrict such standing,or parking_
C. When official signs are erected in each block or markings are placed along a street,highway,
or within a city parkin facility,acility, indicating that parking is prohibited or restricted, no person
shall park any vehicle in violation of any such sign or marking."
Section 2
Section 36.04.260 of the Bozeman Municipal Code shall be amended so that such section shall
read as follows:
Ordinance No. 1849
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"Sec. 36.04.260. - Maximum parking duration designated.
A. When signs are erected on any street, alley, highway, or cijY parking facility, within the city
designating a maximum duration for parking, no person shall park any vehicle for longer
than the maximum duration posted.
B. A vehicle may not return to a parking space in the same block face or within 500 feet of where
previously parked on the same block face or to the same city parkin facility for a three hour
period.
C. Upon expiration of the maximum parking duration as posted, a citation may be issued, in
accordance with 36.04.380, to any vehicle which remains parked or stopped on the same
block face unless for vehicles parked on streets, alleys, and hi hg ways:
1. The vehicle has moved more than 500 lineal feet, measured along the curb or edge line;
2. The vehicle has moved to an unregulated area in the same block face; or
3. The vehicle has vacated the block face for a minimum of three hours.
D. Upon expiration of the maximum parking duration as posted for a city parking facility, a
citation may be issued, in accordance with 36.04.380, to any vehicle which remains parked
or stopped in the same city parkin fly.
E. Notwithstanding the foregoing, no person shall park a vehicle for longer than 48 consecutive
hours at any time upon a street, alley, or highway within the city or within a city parking
facili1y, except for the Downtown Bridger Park Garage, unless displaying a valid permit.
Signs may be erected by the director of public services giving notice thereof. However, the
signs are not required."
Section 3
Section 36.04.270 of the Bozeman Municipal Code shall be repealed in its entirety and shall be
reserved. There shall be no numbering changes to other sections in Chapter 36, Article 4,
Division 1.
Section 4
Section 36.04.380.A of the Bozeman Municipal Code shall be amended so that such section shall
read as follows:
"Sec. 36.04.380. —Enforcement; penalty for violations; designated as municipal infractions.
A. Municipal infractionlfines. A violation of this article is a municipal infraction and shall be
punishable by a civil penalty as provided in section 24.02.040 and the civil penalties shall be
imposed as follows:
1. The minimum civil penalty for parking in violation of section 36.04.180 shall be a fine
of not less than$50.00 or more than $300.00.
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2. The minimum civil penalty for parking in violation of 36.04.260(D) shall be a fine of
not less than $30.00 or more than $300.00.
3. The minimum civil penalty for parking in violation of other sections of this article shall
be a fine of not less than $20.00 or more than$300.00.
Section 5
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 of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 6
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. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 7
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 8
Codification.
This Ordinance shall be codified as indicated in Section 1 —4.
Section 9
Ordinance No. 1849
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Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman,Montana,
on first reading at a regular session held on the 19`' day of November, 2012.
S AN A. BECKER
Mayor
ATTEST: $ Z
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City Cl rk •_
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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 3`d of
December, 2012. The effective date of this ordinance is January 2"d, 2013.
F)0'/Z�
SEAN A. B KER
Mayor
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APPROVED AS TO FORM:
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SULLIVAN
City Mtorney
Ordinance No. 1849
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