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HomeMy WebLinkAboutProvisional Adoption of Ordinance 1870, amending BMC, increases for Parking ViolationsReport compiled on November 25, 2013 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Scott Lee, Parking Manager SUBJECT: Ordinance 1870, first reading adopting increases for parking violation citations for MSU Residential Permit violations to $60, street maintenance violations to $30 and miscellaneous public safety parking violations to $50 within Chapter 36 Article 04 and subsequent ordinances. MEETING DATE: December 2, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: The City Commission approve Ordinance 1870. This ordinance does not include any change to the overtime violations either in the public lots or throughout the city surface streets where timed parking is enforced. The Bozeman Parking Commission feels that the current fine amounts for these types of violations are at the appropriate level at this time. BACKGROUND: All parking fines were increased in 2009 from $15 to $20. Before the 2009 increase, the fines had not been increased since 2002. Citations issued for vehicles parked in locations where parking is prohibited continue to increase in number. These violations, which are primarily considered safety related, include parking in yellow zones; blocking crosswalks, sidewalks, driveways and fire hydrants; parking against the flow of traffic, and posted no parking areas; and are often referred to as Restricted Zone violations. On July 1, 2013 the Bozeman Parking Commission and the Bozeman Police Department consolidated the Parking Officers under the Bozeman Parking Manager, who is now responsible for enforcement throughout the entire city. This has lead to education and enforcement becoming more uniform and consistent citywide. It has also allowed the Parking Manager to better identify areas of concern and other issues that had not been previously apparent. The combined history of parking enforcement over the past few years is shown in the table below. The percentage of citations being issued for violations recommended for fine increases have increased as a percentage of the total citations being issued. 309 Report compiled on November 25, 2013 2 FY2012 FY2013 FY2014 (YTD) Total Citations 10,378 9,860 6,011 Citations (included in ordinance) 5,462 6,040 3,697 Percent of total 53% 61% 62% MSU issued citations are currently $60 for each occurrence of parking without a permit on campus. MSU has also seen record levels of enrollment in 2013 as it had in each of the preceding five years. On campus parking has been reduced on the northern end of campus due to the additional academic building being built, and the expansion of the hourly fee lot, and has added parking spaces on the southern end south of Kagy Blvd. However, the MSU residential district is located in the north and east sides of campus. RECOMMENDATION: Ordinance 1870 would address the three major areas of concern: safety type violations, MSU district violations, and Street Maintenance violations. Safety Violations The Bozeman Parking Commission is recommending that the restricted zone type violations (as specifically identified in the ordinance) be increased from $20 to $50 per occurrence. This ordinance seeks increased fines for safety related violations occurring within the city limits. Parking research shows that fine increases correspond to a decrease in tickets. The goal of the proposed fine increase is to encourage compliance with traffic laws and thereby increase the safety for vehicular traffic and pedestrians throughout the city by reducing the recidivism rate for these types of violations. The intent is to target and change the behavior of persons who receive a citation for these types of violations. The City of Bozeman issued over 1,900 restricted zone type violations in FY2013, which was an increase of 28% over FY2012. In the first 5 months of FY2014, there have been over 1,300 restricted zone type violations cited, which projects out to be an annual increase of over 70% over FY2013 levels. The same is true for the other safety type violations such as prohibited parking (against the flow of traffic) which is projected to more than double in FY2014, and posted no parking which almost quadrupled between FY2012 and FY2013, and is projected to increase an additional 23% in FY2014. MSU Residential Permit Violation The second major area that is being addressed by this ordinance is the MSU Residential Permit violation. This ordinance would increase the citation amount for those violations in the Montana State University Residential Parking District from the current $20 to $60 to match the level at MSU. With a continued record enrollment of students and loss of nearby parking spaces on campus, more students and staff choose to park in the MSU Residential District. The price disparity between the MSU issued citations and the city issued citations caused more people to risk a $20 citation instead of a $60 citation. The increase will help deter those people from choosing to park in the residential area and creating parking issues for neighborhood residents and their guests. There were several new block faces added to the MSU district effective September 2013, and more requests from residents have been received. 310 Report compiled on November 25, 2013 3 The district around Bozeman High School has seen a decrease in violations since the school district installed additional parking on campus, and therefore no increase is being recommended at this time for the Bozeman Senior High School Residential Parking District. Street Maintenance Violations The third major area is to increase the fine for street maintenance violations. The Public Works department and more specifically the Streets Department is responsible for cleaning the streets in Bozeman to prevent leaves and other debris from entering the storm sewer system which can result in the leaves freezing in the pipes and causing them to crack or break, or clogging the pipes and causing flooding of neighboring properties, homes or businesses. However, the work load increases and the effectiveness decreases when there are vehicles parked on the streets being cleaned. There are public notices published in advance, and the complete schedule is posted on the city website. There has been a 16% increase in the number of citations issued for the fall leaf clean up, over FY2013 levels which was 27% higher than FY2012. The fine increase from the current $20 to $30 is intended to deter vehicles from being parked on the streets during these scheduled routine street maintenance periods. This ordinance does not include any change to the overtime violations either in the public lots or throughout the city surface streets where timed parking is enforced and all other violations not included in this ordinance will remain the same. Bridger Park Downtown Garage provides people who visit or work downtown a long-term option for parking their vehicle in excess of the two-hour limits in place throughout the downtown core area. The use of Courtesy Citations - issued to first time overtime violations in the downtown area – continues to provide many residents and guests to downtown a warning about the time limit and provides location of parking facilities without the need for a monetary fine for the first overtime offense. Fiscal Effect: In 2013 the city issued 9,860 parking citations for all violations including 6,040 for the violations for those being requested to be increased. The overall financial impact is partially offset by an expected reduction in the number of violations in each of the targeted areas. The net projected increase in gross fines is projected to be about $110,000 on an annual basis and approximately $45,000 for the remainder of FY2014. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Scott Lee, Parking Manager Attachment: Ordinance 1870 311 ORDINANCE NO. 1870 Page 1 of 7 ORDINANCE NO. 1870 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 36.04.380(A) OF THE BOZEMAN MUNICIPAL CODE TO INCLUDE PROVISIONS RELATED TO FINES FOR VIOLATIONS OF CHAPTER 36, ARTICLE 04, BOZEMAN MUNICIPAL CODE, AND TO INCREASE THE MINIMUM CIVIL PENALTY FOR VIOLATIONS OF SAID VIOLATIONS. 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 Chapter 36 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 2009; and WHEREAS, the Bozeman Parking Commission has passed Resolution PC2013-06 recommending the City Commission pass Ordinance 1870 increasing the minimum civil penalty for certain parking violations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 36.04.380.A of the Bozeman Municipal Code be amended to read as follows with all other provisions remaining unchanged: 312 ORDINANCE NO. 1870 Page 2 of 7 36.04.380. Enforcement; penalty for violations; designated as municipal infractions. A. Municipal infraction/fines. 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. 2. The minimum civil penalty for parking in violation of section 36.04.260(D)(E) 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 section 36.04.030(A) 1- 15 shall be a fine of not less than $50.00 or more than $300.00. 4. The minimum civil penalty for parking in violation of section 36.04.030(A)16 shall be a fine of not less than $30.00 or more than $300.00. 5. The minimum civil penalty for parking in violation of section 36.04.050 shall be a fine of not less than $50.00 or more than $300.00. 6. The minimum civil penalty for parking in violation of section 36.04.250 shall be a fine of not less than $50.00 or more than $300.00. 7. The minimum civil penalty for parking in violation of section 36.04.360 shall be a fine of not less than $60.00 or more than $300.00. 38. 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 2 That Section 36.04.360.B of the Bozeman Municipal Code be amended to read as follows with all other provisions remaining unchanged: 36.04.360 Montana State University Residential On-street Parking Permit Regulation Program B. It is unlawful for any person to stop, stand, or park a vehicle on any street within the area listed in 36.04.360.A between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal holidays, except for the following circumstances: 1. Those vehicles displaying a valid MSU residential parking permit, a temporary MSU visitor’s permit for that location, or a MSU service provider permit; 313 ORDINANCE NO. 1870 Page 3 of 7 2. An emergency vehicle, including, but not limited to an ambulance, fire engine or police vehicle; or 3. A clearly marked business vehicle which is under the control of a person providing a service to persons or property located in the MSU Residential District, including but not limited to delivery vehicles. No vehicle other than emergency vehicles, or vehicles providing services within the MSU residential district or vehicles having a valid residential parking permit may park on any street within the MSU residential district between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal holidays. Whenever parking is otherwise regulated within the MSU residential district, the posted regulation shall apply. Section 3 That Section 36.04.365.B of the Bozeman Municipal Code be amended to read as follows, with all other provisions remaining unchanged: 36.04.365 Bozeman Senior High School Residential On-street Parking Permit Regulation Program B. It is unlawful for any person to stop, stand, or park a vehicle on any street within the area listed in 36.04.365.A between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, from August 15 to June 15, except for legal holidays, except for the following circumstances: 1. Those vehicles displaying a valid Bozeman Senior High School residential parking permit, a temporary HS visitor’s permit for that location, or a HS service provider permit; 2. An emergency vehicle, including, but not limited to an ambulance, fire engine or police vehicle; or 3. A clearly marked business vehicle which is under the control of a person providing a service to persons or property located in the BSHS Residential District, including but not limited to delivery vehicles. 314 ORDINANCE NO. 1870 Page 4 of 7 No vehicle other than emergency vehicles or vehicles providing services within the BSHS Residential District or vehicles having a valid residential parking permit may park on any street within the BSHS Residential District between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal holidays. Whenever parking is otherwise regulated within the BSHS Residential District, the posted regulations shall apply. Section 4 That Section 36.04.340 of the Bozeman Municipal Code be repealed in its entirety and said section number shall be reserved: Sec. 36.04.340. Limitations on parking in a residential parking permit only area. A. It is unlawful for any person to stop, stand or park a vehicle on any street designated a residential permit only parking area during the hours and on the days set forth in an ordinance adopted by the city commission, except in the following circumstances: 1. Those vehicles displaying a valid residential parking permit or a temporary visitor's permit for the area; or 2. An emergency vehicle, including, but not limited to an ambulance, fire engine or police vehicle; or 3. A clearly marked business vehicle which is under the control of a person providing a service to persons or property located in the designated residential permit only parking area, including but not limited to a delivery vehicle. Section 5 That Section 36.04.030.A of the Bozeman Municipal Code be amended to read as follows, with all other provisions remaining unchanged: Sec. 36.04.030. Locations where prohibited. A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places (no signs are required): 1. On a sidewalk; 2. In front of a public or private driveway; 3. Within an intersection; 315 ORDINANCE NO. 1870 Page 5 of 7 4. Within 15 feet of a fire hydrant, except where parking areas are designated and plainly marked by direction of the director of public works; 5. On a crosswalk; 6. Within 20 feet of a crosswalk at an intersection, except where parking areas are designated and plainly marked by direction of the director of public works; 7. Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway, except where parking areas are designated and plainly marked by direction of the director of public works; 8. Between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the director of public works has indicated a different length by signs or markings; 9. Within 50 feet of the nearest rail of a railroad crossing, except where parking areas are designated and plainly marked by direction of the director of public works; 10. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance when properly signposted, except where parking areas are designated and plainly marked by direction of the director of public works; 11. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; 12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 13. Upon any bridge or other elevated structure upon a highway, or within a highway tunnel; 14. In front of a mailbox or similar receptacle utilized for curbside postal delivery, except where such receptacle is solely owned by the person stopping, standing or parking the vehicle; 15. At any place where official signs or markings prohibit stopping or parking; 16. At any place where Street Maintenance signs or barricades are posted 316 ORDINANCE NO. 1870 Page 6 of 7 Section 6 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 7 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 8 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 9 Codification. This Ordinance shall be codified as indicated in Section 1 – 5. Section 10 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 317 ORDINANCE NO. 1870 Page 7 of 7 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 2nd day of December, 2013. ______________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 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 16th of December, 2013. The effective date of this ordinance is January 16, 2014. _______________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _____________________________________ GREG SULLIVAN City Attorney 318 319