HomeMy WebLinkAboutPacket 03-19-2007_38-41_Provisionally adopt Ordinance 1699, Municipal Infraction Ordinance-Parking
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Luwe, City Attorney
Chris Kukulski, City Manager
SUBJECT: Parking Violations – Municipal Infractions
MEETING DATE: Monday, March 19, 2007
BACKGROUND: On March 5th, you passed Ordinance 1696 which allowed you to designate
certain offenses as municipal infractions. This ordinance designates parking violations as municipal
infractions and thus decriminalizes parking violations. This ordinance has an effective date of July 1,
2007 to allow time to prepare the necessary forms and processes for processing violations as municipal
infractions.
RECOMMENDATION: The City Commission approve Ordinance 1699.
FISCAL EFFECTS: The fiscal effects are unknown. There may be some up front costs in
changing forms, but those costs have not been quantified at this time. The change will reduce the work
load of a legal secretary, but will increase the work load on the parking clerk. The effect on revenue is
unknown as the collection process will change from court enforcement of a sentence, usually contempt, to
collection on a judgment. Municipal Court has recently started utilizing a collection agency, but it is too
early to determine how effective this method of collection will be.
ALTERNATIVES: As may be recommended by the Commission.
Respectfully submitted,
___________________________ ____________________________
Paul J. Luwe, City Attorney Chris A. Kukulski, City Manager
Attachments: as
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ORDINANCE NO. 1699
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY
REVISING SECTIONS 10.32.410 AND 10.34.100; PROVIDING THAT PARKING
VIOLATIONS BE MUNICIPAL INFRACTIONS.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the Bozeman Municipal Code be amended Bozeman Municipal Code Section
10.32.410 to read as follows:
“10.32.410 Enforcement – Penalty for Violations – Designated as Municipal Infraction
A. It is a misdemeanor for any person to violate any of the provisions of this
chapter.
B. Every person convicted of a misdemeanor for a violation of any of the
provisions of this chapter shall be punished by a fine of not less than fifteen dollars or
more than five hundred dollars with the following exceptions. Violation of this Chapter
is a municipal infraction and shall be punishable by a civil penalty as provided in
Bozeman Code Section 1.24.040 except that the Court shall impose the following
minimum civil penalties:
1. The minimum fine civil penalty for violation of Section 10.32.390(A)
shall be five dollars.
2. Violation of Sections 10.32.390(B) through (D), inclusive, shall be
punishable by a fine not exceeding five hundred dollars or imprisonment not exceeding
six months or both.
3. 2. The minimum fine civil penalty for parking in violation of Section
10.32.180 shall be:
First citation $50.00
Second citation $50.00
Third and subsequent citations $100.00
The determining factor with respect to the fine civil penalty is the issuance of the
citation and not the conviction judgment.
C. Upon conviction, the court costs or any part thereof may be assessed against the
violator in the discretion of the court. “
Section 2
That the Bozeman Municipal Code be amended Bozeman Municipal Code Section
10.34.100 to read as follows:
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“10.34.100 Designated Municipal Infraction
Any person violating the provisions of this chapter shall upon conviction thereof be
punished by a fine Violation of this Chapter is a municipal infraction and shall be punishable by
a civil penalty of not less than fifteen dollars nor more than one hundred dollars.”
Section 3
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof
in conflict herewith are hereby repealed.
Section 4
Severability.
If any provisions of this ordinance or the application thereof to any person or
circumstances are held invalid, such invalidity shall not affect the other provisions of this ordinance
which may be given effect without the invalid provision or application and, to this end, the
provisions of this ordinance are declared to be severable.
Section 5
Effective Date.
This ordinance shall be in full force and effect on July 1, 2007.
PASSED, ADOPTED AND FINALLY APPROVED on second reading by the City
Commission of the City of Bozeman, Montana, at a regular session thereof held on the ________
day of ________________, 2007.
__________________________________
Jeff Krauss
Mayor, City of Bozeman
ATTEST:
_____________________________________
Brit Fontenot
City Clerk
APPROVED AS TO FORM:
___________________________________
Paul J. Luwe
City Attorney
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