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HomeMy WebLinkAboutOrdinance 46- 738, Providing for Parking Meters on Streets 'J4{' ~l ~ ~~I)O. ~c1ee ~ ...... ,jfJ/ J ..... :)f.;..~~j;lt.~ .:JIZ:-J' AN ORDINANCE OF TI1R CITY OF BOZ~MAN, MONTANA, PROVIDING FOR THE INSTALLA- TION OF PARKING METERS IN AID OF THE REGULATION AND CONTROL OF MOTOR VEHICLE TRAFFIC UPON TB~ STRRETS, AVT\NUES, ALLEYS AND PUBLIC WAYS WITHIN THE CORPOR- ATE LIMITS OF THE CITY, UNDER TH~ POLICS POWER OF' THE CITY, PROVIDING PENAL- TIES FOR VIOLATION OF THIS ORnnrANC~, AND STATING A l\TD DECLARING AN EMERCENCY WHEREBY THIS ORDINANCE SHALL BE F.FFf?CTIVR IMMEDIATELY UPON ITS ADOPTION. ORDINANCE NO. 738 PRF.AMBLE WHEREAS problems of motor vehicle traffic control and regulation upon the streets, avenues, alleys and other public ways within the corporate limits of The City of Bozeman, particularly, but not exclusively, with reference to parking time limits in the business sections of the city, have become and are acute and an emergency exists calling in the opinion and judgment of the City Commission, for additional rules, regulations and pro- ,~' visions for the regulation and control of such traffic whereby the safety and conven- ience of citizens of Bozeman and others using the streets, alleys, avenues and other public ways of the ci ty, may be conserved and promoted; THEREFORE, BE IT ORDAINED BY TH8 COMNISSION OF THE CITY OF BOZEMAN: Section 1. AUTHORIZATION. The City Commission of Bozeman, Montana is hereby vested with the authority to enter into a contract for the purchase and installation of parking meters and to provide pa yment therefor exclusively from the receipts obtained by the City from their operation, and that said means of payment shall be in addition to any other purchasing powers heretofore p"ranted the city by the laws of the State of Mon tans. Section 2. PARKING MET1<:R ZONES. The following specified streets and avenues in The City of Bozeman are hereby established and desi~nated as parking meter zones, to-wit: All of those streets and avenues, or parts thereof upon which limited parking is now permitted under authority and by virtue of all limited parking ordinances now in effect in the City of Bozeman, and the parking limits and restrictions therein provided; which said limits and restrictions are hereby incorporated in this ordinance to all intents and purposes as if herein set forth in full. Section 3. CITY MANAGER'S DUTIES. The City ManaQ'er of the City of Bozeman, Montana shall provide for the installation of parkin? meters, including curb or street marking lines and parking stalls, together with the rerrulation and operation thereof, and shall provide for the maintenance of said meters in good workable condition. He shall have power and authori ty to make and promulga te rules and re>nllations and to alter, amend and repeal such rules and rep'ulations with reference to time and manner of parkinrr in such parkina metered zones as his discretion and experience shall indicate as bein~ necessary to promote the safety and convenience of traffic; and violation of any snch T'1J Ie and rep-u Is tion sha 11 cons ti tu te a viola tion of this ordinan ce. The parkina spaces shall be plainly marked and vehicles MISt be parked within such spaces. Parkin" of a vehicle in any parkina space so as to overlap into an adjoining parkinrr space is prohibited and shall be deemed a violation of this ordinance. Cars must be so parked in angl"e parkinp: spaces tha t the steering wheel of the vehicle shall be in line with and directly opposite the meter; and in parallel parking spaces with its front bumper alongside of parkin!! meter. Section 4. INSTALLATION A1\rD opmATION. Meters shall be installed upon the curb next to individual parking places, and shall be so constructed as to display a signal showing legal parking upon deposit therein of the proper coin, or coins, of the United States as indicated on the instT'1Jction plate of the said meter, and for a period of I '.; I I I I I 247 '". ';p. time conforming to the parking limits shown on the said plate; said signal to remain in evidence until expiration of said parking period so designated, at which time a dropping of sirrnal or some other mechanical operation shall indicate expiration of said parking perioo; and the owner and the opera tor of the vehicle occupying such metered parking space after the expiration of the lawful parking time as so indicated shall be deemed guilty of a violation of this ordinance, but this provision shall not be constru- ed so as to warrant the conviction and punishment of both operator and owner for a sinQ'le violation. If the operator or driver at the time of S11Ch violation can be found and ":Ii identified, such operator or driver shall be deemed guilty; if the operator or driver can not be so found and identified with reasonable dili~ence and effort, then the regis- tered owner of the vehicle shall be held liable as for a violation of this ordinance. Section 5. PARKING REGULATIONS. When any vehicle shall be parked next to a park- ing meter from the hours of 9:00 A.M. to 6:00 P.M. of any day except Sundays and holidays the owner or operator of said vehicle shall park within the area designated by the curb or street marking lines as indicated for parallel or angle parking and upon entering said parking space shall irrmediately deposit in said meter a five cent coin of the United States for the one hour maximum legal parking limit, or one, two, three, four or five one cent coins of the United States for one-fifth, two-fifths, three-fifths, or four-fifths or five-fifths of the said one hour maximum legal parking limit. It shall be unlawful for any person to fail or neglec t to so deposi t the proper coin or coins as herein provided, or to fail to park within said parking space. Said parking space may then be used by such vehicle during the legal parking lirrit provided by the ordinances of the city, and said vehicle shall be considered as unlawfully parked if it remains in said space beyond the legal parking limit or when said parking meter displays a signal showing such illegal parking. It shall be unlawful for any person to cause or permit any vehicle registered in his name to be unlawfully parked as set out in this section. It shall be unlawful and a violation of this ordinance to deposit or cause to be deposited, or to aid, abet, connive at or assist in depositing in any parking meter placed or located pursuant to the provisions of this ordinance, any slug, token, device, or substi tute of any kind for the lawful coin money of the Uni ted States herein specified for the lawful l)se and operation of such meter; and it shall likewise be unlawful and a violation of this ordinance for any person to deface, in1ure, tamper with, break open, impair the usefulness or appearance of any parking meter placed pursuant to the provi- sions of this ordinance; but the provisions of this section shall not apply to any duly au thorized person, or official of the Ci ty of Bozeman, acting pursuant to such authori ty. Section 6. POLICING. It shall be the duty of all members of the police force of the City of Bozeman to be dili~ent in notinrr violations of the provisions of this ordin- ance; noting and recording the license plate number of any vehicle parked in violation of the provisions of this ordinance; and the number of the parking meter opposite the space where such violation occurred, together with the date and hour of such violation, the name of the operator or driver of such vehicle at the time of such violation, if known, and of any other facts and circumstances in connection with such violation necess- ary or useful to an understanding thereof; to place on said car in a conspicuous place, Ordinance No. 738 248 or deliver to the driver or operator thereof if known and available conveniently, a notice that such vehicle has been parked in violation of this ordinance and directing such driver, operator or owner, to report with reference to such violation, within 24 hours, at the Police Station, or Police Court, in the City Hall building of the City of Bozeman. Such card notice shall be deemed to be equivalent to a summons to so appear and disregard of the same shall justify the filing of a formal complaint and '.," issuance of a warrant for the arrest of the owner, operator and driver of such vehi- cle, for any such violation. The police shall keep a record of all such card notices so that ready reference may be made thereto, with the name of the offender, if known, the license plate number of the vehicle, the name of the registered owner and the date of the violation. Violators of the time-parking provisions of this ordinance who voluntarily report in response to a card notice as provided in Section 7 of this ordinance, and who plead guilty or are found guilty in the Police Court of the City of Bozeman, shall upon such plea or conviction of guilt, be fined as follows: for the first offense the sum of $1.00, for the second offense the sum of $5.00, for the third offense the sum of $10.00, and for any subsequent offense the sum of $25.00. For violation of any provision of this ordinance other than overtime parking, the offender shall, upon plea of guilty or upon conviction after plea of not guilty in the Police Court of the City of Bozeman, be fined in any sum not exceeding $300.00, or by imprisonment in the city or county jail for not exceeding ninety (90) days, or by both such fine and imprisonment. Violators of the time-limi t parking provisions of this ordinance who disres;r,ard the car notice to appear, I".". as provided in this Section shall, upon conviction in the Police Court of the City of Bozeman, be fined in any sum not exceeding One Hundred ($100.00) Dollars. Section 7. COLLECTIONS. It shall be the duty of the Chief of Police of the City of Bozeman to direct and supervise periodical collections of the coins deposited in parking meters installed pursuant to the provisions of this ordinance and to see that all collection boxes are immediately delivered to the Director of .Finance, with the seals unbroken, and the Director of Finance shall cause the said collection boxes to be unsealed, and an accurate account of the money so collected shall be kept in his office, together with the meter number, and the amount taken from each meter, as well as the total amount collected. The money collec ted from pa rking me ters shall be kept in a separa te fund to be known as the "Parking Meter Fund" and shall be used and disbursed, upon order of the City Commission, as follows: First: To payment of the cost of such parking meters, their installation and maintenance. Second: To defray the cost and expense of the collection of the money deposited in such meters, their supervision and repulation, and the administrative costs of the enforcement of this ordinance. Third: To finance traffic signa Is; sign ins talla tions; snow removal and cleaning parking spaces; painting traffic lines; policing and equipment for enforcement work; and other improvements to facilitate traffic movement and safety. I '~I Ordinance No. 738 I I I 249 Fourth: Any surplus remaining in said Parking Meter Fund after payment of the cost and expense provided for in the above paragraphs may, from time to time, as ordered by the City Commission on recommendation of the City Manager be used for the regulation, administration and control of traffic conditions generally under the general police pow- er of the city and as otherwise authorized by law. It is hereby declared to be the intention of the Ci ty Commission the t Ordinance No. 672 entitled "An Ordinance Regulating Traffic etc. etc." and any and all amendments there.. of or thereto, shall r,emain in full force and effect except as to any plain, clear and necessary repugnance or conflict between the provisions of said Ordinance No. 672 and this ordinance; but that as to any such repugnance or conflict the provisions of this ordinance sha 11 prevail, it bein!! the purpos e and in ten tion of the C 1 ty Commis s ion tha t this ordinance shall be in addition and supplementary to the provisions of said Ordinance No. 672, but with particular and special ref'erence to the installation, regulation and control of traffic in parking meter zones as created by this ordinance and any ordinance hereafter enacted and adopted establishing additional parking moter zones. Section 8. EFFECTIVE DATE. By reason of the emergency declared and set out in the Preamble to this Ordinance, it is necessary that this ordinance become effective immediate- ly upon its passage and it shall be so effective. Passed and adopted by the City Commission at its re~lar meeting on the 14th day of June, 1946. a yor . Attest: .~~~ Olerk of the ity ommission. State of Montana ) ) ss. County of Gallatin) I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman, do hereby certify that the fore~olng Ordinance No. 738 was published by title and number in the Bozeman Daily Chronicle, a newspaper ofp-eneral circulation printed and published in said C1 ty in the issue of June 19th, 1946, and tha t due proof is on file in my office. IN WITNESS WHERF;OF I hereunto set m;r hand and affix thA seal of my office this 20th day of June, 1946. ~~~. C erk of the ommission. Ordinance No. 738