HomeMy WebLinkAbout10 - 05-07-2007_Provisionally Adopt Ordinance 1700, Municipal Infr_10
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Luwe, City Attorney
Chris Kukulski, City Manager
SUBJECT: Ordinance 1700 – Downtown Sidewalk Encroachment Permit Program –
Municipal Infractions
MEETING DATE: Monday, May 7, 2007
BACKGROUND: On March 5th, you passed Ordinance 1696 which allowed you to designate
certain offenses as municipal infractions. This ordinance designates violations of the Downtown
Sidewalk Encroachment Permit Program as municipal infractions and thus decriminalizes 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. The Downtown Sidewalk Encroachment
Permit Program includes the recently passed ordinance of allowing sidewalk cafes to serve alcohol. The
Community Alcohol Coalition recommended approval of making violations of the sidewalk café
ordinance municipal infractions.
RECOMMENDATION: The City Commission approve Ordinance 1700.
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. 1700
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY
REVISING SECTIONS 12.22.140; PROVIDING THAT DOWNTOWN SIDEWALK
ENCROACHMENT PERMIT PROGAM VIOLATIONS BE MUNICIPAL INFRACTIONS.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That Section 12.22.140 of the Bozeman Municipal Code be amended so that Bozeman
Municipal Code Section 12.22.140 shall read:
“12.22.140 Enforcement – Penalties –Designated a Municipal Infraction
In addition to the foregoing, it is a misdemeanor for any person to violate the provisions of this chapter. All
violators shall be subject to general penalties as defined by §1.16.010, BMC. Violation of this Chapter is a
municipal infraction and punishable by the following civil penalties:
A. For a first violation, a civil penalty of not less than one hundred ($100) or more than three
hundred dollars ($300.00) shall be imposed.
C. For each repeat violation, a civil penalty of not less than one hundred ($100) or more than five
hundred dollars ($500.00) shall be imposed.
Upon conviction, the court shall may order the permit revoked for the remainder of the year in addition to any
other sentence penalty imposed by the court.”
Section 2
Repealer.
All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof
in conflict herewith are hereby repealed.
Section 3
Severability.
If any provisions of this ordinance or the application thereof to any person or
circumstances is 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 4
Effective Date.
This ordinance shall be in full force and effect on July 1, 2007.
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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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