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Home My WebLink AboutOrdinance 13- 1870 Amending BMC Parking Fines ISLO 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: ORDINANCE NO. 1870 Page I 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)Q shall be a fine of not less than $30.00 or more than $300.00. 3. The minimum civil penal ly for parking in violation of section 3 6.04.0 3 O(A) I- 15 shall be a fine of not less than $50.00 or more than$300.00. 4. The minimum civil penally for parking in violation of section 36.04.050 shall be a fine of not less than $50.00 or more than$300.00. 5. The minimum civil penalty for parkin gin violation of section 3 6.04.250 shall be a fine of not less than $50.00 or more than $300.00. 6. The minimum civil penal y for parking in violation of section 36.04.360 shall be a fine of not less than$60.00 or more than $300.00. -37. 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,M person to stop, stand, or park a vehicle on an 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 permi�t, temporary MSU visitor's permit for that location, or a MSU service provider permit, 2. An emergency vehicle, including, but not limited to an ambulance, fire engine,or police vehicle; or ORDINANCE NO. 1870 Page 2 of 7 3. A clearly marked business vehicle which is under the control of a erson providing a service to persons or property located in the MSU Residential District, including but not limited to delivery vehicles 8.00 a.m. and 5:00 p.ffi., Menday ihreiigh Friday, e�Eeept for-legal . 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 ark 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 .m. Monda y through Friday,from August 15 to June 1.5 except for le al holida s except for the following,circumstances: I. Those vehicles displaying a valid Bozeman Senior High School residential parking permit, a teinporary I3S visitor's permit for that location or a HS service provider permit; I An emer enc vehicle including, but not limited to an ambulance fire engine 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 delivea vehicles. pennit may park en any street within the BS14S Residential Distr-iet between the ., Menday thfough Friday, ORDINANCE NO. 1870 Page 3 of 7 Section 4 That Section 36.04.340 of the Bozeman Municipal Code be repealed in its entirety and said section number shall be reserved: See. 36.04.3,40. Limitations on parking in a residential parldag permit onty afea. designated a residential pei:fnk enly parking area during the heurs a-Rd en the days , eiieept in the follovv4ii +miens. i These vehieles displaying a valid residenfial parking peFmit of-a , N4 not liffiited te an ambulanee, fife ; residential permit enly pafking area, ineluding bu4 not limited to a delivery Section 5 That Section 36.04.030.,E 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; 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. an a crosswalk; ORDINANCE NO. 1870 Page 4 of 7 6. Within 20 feet of a crosswalk at an intersection, except where parking areas arc 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 ORDINANCE NO. 1870 Page 5 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 inew-red 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 I — 5. Section 10 Effective Date. This ordinance shall be in full force and effect thirty (3 0) days after final adoption. ORDINANCE NO. 1.870 Page 6 of 7 PROVISIONALLY ADOP'T'ED 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. re,Z-- SEAN A. BE+CKER Mayor r ' ATTES STACY L N;C1VI.0 City Ct FINALLY PASSED, ADOPTED AND APPRO'V'ED 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 . BECKER Mayor ATTEST: STAY' U 7 7EN, CHIC City . eri: APPROVED AS TO FORM:. GREq ULLI AN City A.6orney ORDINANCE NO, 1870 Page 7 of 7