HomeMy WebLinkAbout20- Ordinance 2033 Establishing the Downtown Parking Management District, Authorizing the Establishing of Parking Benefit Zones Within the DistrictORDINANCE 2033
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ORDINANCE 2033
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA ESTABLISHING THE DOWNTOWN PARKING MANAGEMENT
DISTRICT, AUTHORIZING THE BOZEMAN PARKING COMMISSION TO
ESTABLISH PARKING BENEFIT ZONES WITHIN SAID DISTRICT AND PROVIDING
FOR PENALTIES FOR VIOLATIONS OF THE DISTRICT OR ZONE REGULATIONS.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety and welfare of the
citizens of Bozeman; and,
WHEREAS, Montana Code Annotated Sect. 7-14-4621 sets out general powers of a
parking commission; and,
WHEREAS, the Bozeman City Commission created and granted authority to the Bozeman
Parking Commission to regulate parking within the Parking Commission’s jurisdiction pursuant
to Resolutions 1676, 1839, 3803, and 4577; and,
WHEREAS, the Bozeman City Commission recognizes the need to expand the authority
of the Bozeman Parking Commission beyond its current jurisdiction (currently established to be
commensurate with the B-3 zoning district) into an area greater than its current jurisdiction into an
area to be known as the Downtown Parking Management District to provide and implement a
system based approach to the active management of public parking resources; and,
WHEREAS, the Bozeman City Commission recognizes on-street parking in areas
adjacent to Downtown Bozeman may be impacted by large, nearby, attractions such as retail,
education, health care, or other facilities, and the creation of a Bozeman Downtown Parking
Management District and subsequent Parking Benefit Zones will be an effective tool for actively
managing shared on-street parking resources between multiple stakeholders; and,
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WHEREAS, the implementation of Parking Benefit Zones aligns with the 2016
Downtown Strategic Parking Management Plan which recommends that the City of Bozeman
‘explore changes to existing residential on-street parking permit programs and evaluate and
potentially implement new residential parking permit districts in the neighborhood north and south
of the downtown commercial district’; and,
WHEREAS, the Bozeman City Commission, on April 15, 2019, adopted the 2019
Downtown Bozeman Improvement Plan as a neighborhood plan under the City’s Community Plan
(the growth policy) pursuant to Resolution 5005, which states, “It is also important to manage on
street parking stalls to retain them for retail customers and locate long term employee parking off
Main Street. If utilization data shows ample availability in adjacent residential areas, there is the
potential to develop an employee paid parking permit system. This strategy is frequently
implemented in other communities as a parking benefit district.” And,
WHEREAS, a Parking Benefit Zone can maximize on-street parking opportunities for
resident and commuter parkers, facilitate visitor parking turnover, reduce the need for off-street
parking lots, encourage use of private shared parking agreements; and,
WHEREAS, the City Commission determines that should a Parking Benefit Zone be
created by the Parking Commission a portion of any funds remaining from the operation of the
Parking Benefit Zone, after all administrative and enforcement costs are covered, must be applied
to lower resident annual fees or make other direct investments in zone specific infrastructure
related to, among others, public transit, pedestrian and bicycle facilities, sidewalk, and curb
maintenance, etc.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That a new Division 3 be added to Chapter 36, Article 4, Bozeman Municipal Code to be titled
“Parking Management Districts/Benefit Zones” and include the following new sections:
Sec. 36.04.601. - Parking Management Districts/Purpose/Boundaries.
A. The city commission may create and establish by ordinance a parking management district
for the benefit of the community. A parking management district must comply with the
requirements of this division.
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B. The purpose of a parking management district is to identify areas within the city wherein
active management of off-street and on-street parking resources is necessary to ensure
equitable distribution and availability of parking for residents, businesses, and visitors. In
addition, the purpose of a parking management district is to provide authority for the
parking commission, in managing such resources, to regulate parking and establish fees for
parking permits.
C. Downtown Parking Management District. The commission hereby creates and establishes
the downtown parking management district. The boundaries of the downtown parking
management district are shown on Exhibit A to this ordinance and established as the
boundaries of the B-3 zoning district and extending beyond the boundaries of said B-3
zoning district 1,000 linear feet as measured perpendicularly from the B-3 zoning district
boundary or to the next intersection of public streets beyond 1000 feet from the B-3 zoning
district boundary, whichever is further. Where Exhibit A shows the boundary of the
downtown parking management district as including a street or a street section all block
faces of said street are included within the downtown parking management district.
Sec. 36.04.602. –Authority of Parking Commission.
The city commission hereby confers upon and delegates to the parking commission the authority
to manage parking within a parking management district and within such districts the parking
commission may exercise all powers granted by Title 7, Chapter 14, Part 46 of the Montana Code
Annotated except as modified by the city commission through ordinance or resolution.
Sec. 36.04.603. – Parking Benefit Zones/Creation/Dissolution/Parking Commission Authority.
A. A parking benefit zone is an area of land within an established parking management district
wherein the parking commission may establish parking regulations on publicly owned land
and on public rights-of-way and streets for the benefit of the community. A parking benefit
zone must comply with the requirements of this division.
B. To establish a parking benefit zone, amend an existing parking benefit zone (including
amending boundaries), or dissolve a parking benefit zone, the parking commission must
comply with the following:
1. Adopt a resolution of intent to establish, amend, or dissolve a parking benefit zone;
2. Upon adoption of the resolution of intent, mail notice to the owners of all real
property and to all physical addresses within the proposed zone of a public
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hearing on the proposal and the opportunity for residents of the proposed zone
to support or protest establishment, amendment, or dissolution of the parking
benefit zone. The notice must be mailed 30 days prior to the date of the public
hearing;
3. Post notice of the public hearing in no less than five locations at the exterior
boundaries of proposed parking benefit zone;
4. The notice must also inform property owners and residents within the
proposed parking benefit zone that within thirty (30) days of the date of
mailing of the notice of passage of the parking commission’s resolution of
intent to establish, amend or dissolve a parking benefit zone, residents within
the proposed parking benefit zone may protest the establishment, amendment,
or dissolution of the proposed parking benefit zone by submitting a written
protest to the city clerk listing the resident’s physical address. If residents
representing sixty percent (60%) or more of the total number of properties
located within the proposed parking benefit zone protest the establishment,
amendment, or dissolution of the parking benefit zone, the parking
commission may not propose establishing, amending, or dissolving the zone
for a period of six months.
5. At the conclusion of the public hearing and if insufficient protests have been filed
with the city clerk the parking commission may establish, amend, or dissolve a
parking benefit zone by adopting a resolution. The resolution is not effective for 30
(thirty) days after adoption; as such, the parking commission may not regulate
parking within a newly established or amended parking benefit zone until 30
(thirty) days after adoption of the resolution establishing or altering the parking
benefit zone. A resolution to dissolve a parking benefit zone is effective
immediately upon adoption.
C. Notwithstanding the above, the parking commission may establish by resolution
administrative rules for the management of the parking benefit zone including rules
governing the issuance of parking benefit zone permits. The parking commission must
adopt procedures for public involvement in such rule making.
Sec. 36.04.604. - Parking benefit zone regulations.
Within a parking benefit zone:
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A. It is unlawful for any person to stop, stand, or park a vehicle on any street within a
designated parking benefit zone, Monday through Friday, except for legal holidays, except
for the following circumstances:
1. Those vehicles with a valid parking benefit zone permit;
2. Vehicles that have made payments for posted paid time-limited parking;
3. An emergency vehicle; or
4. A clearly marked business or service vehicle that is under the control of a person
providing a service to persons within the parking benefit zone, including but not
limited to delivery vehicles.
B. A violation of this subsection is enforced pursuant to 36.04.380. The fine for a violation
of this subsection is established pursuant to 36.04.080.A.2.
C. The parking services division and police department are authorized to enforce parking
benefit zone regulations.
D. The department of public works must post signs in accordance with the Manual on Uniform
Traffic-Control Devices that indicate parking restrictions and permit requirements and the
hours and days when the restrictions or requirements are in effect.
E. The parking commission may establish fees for parking benefit zone permits. The amount
of the parking benefit zone permit fees shall be established by resolution of the parking
commission upon notice of and a public hearing as provided for in 7-1-4131, Montana
Code Annotated.
F. Each dwelling within a parking benefit zone is eligible to purchase up to two (2) resident
on-street parking permits. Persons residing in dwellings designated as apartments as
defined in 38.700.020 or located within apartment buildings as defined in 38.700.020 are
not eligible for resident permits.
G. No more than two (2) visitor permits shall be issued annually to each dwelling within a
parking benefit zone for use by visitor to a permitted dwelling. Dwellings designated as
apartments as defined in 38.700.020 or located within apartment buildings as defined in
38.700.020 are not eligible for visitor permits.
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H. The parking commission may designate locations where posted paid time-limited permitted
parking is allowed and in doing so may authorize the issuance of permits for such locations.
I. The parking commission may authorize the sale of monthly parking permits to persons that
do not reside within a parking benefit zone, depending on the level of parking occupancy
within the parking benefit zone. The parking commission may determine the number of
non-resident parking permits based on established administrative rules for parking
occupancy within the parking benefit zone.
J. The city commission may authorize a portion, or all, of any fiscal surplus resulting from
the operation of a parking benefit zone to lower fees for residents within the parking benefit
zone, or for direct investment in the parking benefit zone for public infrastructure such as.
street lights, curb and sidewalk repair, public transit, among others.
Sec. 36.04.605. – Parking benefit zone permits; Unlawful Activity.
A. The parking commission must establish rules for the issuance of parking benefit zone
permits. These rules must include an application process, forms, proof of vehicle
registration, and, for persons seeking resident permits, requirements for a resident to
establish residency. Each application must be accompanied by the established permit fee.
The amount of the parking benefit zone fees must be established by resolution of the
parking commission at a level that at a minimum covers the cost of administration and
enforcement of the parking benefit zone regulations in the specific parking benefit zone.
Fees may be established at a level that provides benefit as provided for in 36.04.604.J. No
part of the parking benefit zone permit fees shall be refundable. Parking benefit zone
permits will not be issued for vehicles with outstanding parking citations, or other fines,
fees, or penalties owed to the city.
B. It is unlawful for any person to represent a vehicle is entitled to a parking benefit district
zone permit, of any type, authorized by subsection A of this section, or other applicable
provisions, when it is not so entitled. A violation of this section is a misdemeanor.
C. It is unlawful for any person, or entity, to acquire visitors permits for the purpose of
reselling said permit to a third party. A violation of this section is a misdemeanor.
Section 2
That 36.04.380.A.2 be amended to read as follows:
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“A. Fines. A violation of this article shall be punishable by a penalty and the penalties shall be
imposed as follows:
1. The minimum 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 penalty for parking in violation of section 36.04.260.E and for violation
of 36.04.604.A shall be a fine of not less than $30.00 or more than $300.00.
3. The minimum 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 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.
5. The minimum 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.
6. The minimum 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.
7. The minimum 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.”
All other provisions of 36.04.380 shall remain unchanged.
Section 3
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 4
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 5
Severability.
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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 6
Codification.
This Ordinance shall be codified as indicated in Section 1 – 2. Exhibit A to this Ordinance
shall not be codified but shall be kept by the city clerk along with the original of this ordinance.
Section 7
Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and approval.
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 March, 2020.
____________________________________
Chris Mehl
Mayor
ATTEST:
____________________________________
Mike Maas
City Clerk
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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 3rd of August,
2020. The effective date of this ordinance is September 2, 2020.
_________________________________
CHRIS MEHL
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Map intended for planning purposes only. 7/15/2020
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