A. Fines: A violation of this chapter, except for a violation of section 5-4-17, shall be punishable by a penalty and the penalties shall be imposed as follows:
1. The penalty for a violation of this chapter, except for a violation of section 5-4-17, shall be a fine of twenty dollars ($20.00). The penalty may be amended by resolution of the city council. The penalty is in addition to any other action or remedy authorized by this chapter.
B. Failure To Pay: The determining factor with respect to the penalty is the issuance of the citation and not the judgment. Failure to pay a citation for violation of this chapter within ten (10) business days of issuance of the citation results in an administrative charge of thirty dollars ($30.00), in addition to the penalty. The administrative charge may be amended by resolution of the city council
C. Violation For Improperly Parked Vehicle:
1. If any motor vehicle is found to be in violation of any provision of this title 5, chapter 4 of the Belgrade City Code, the vehicle may be cited for the appropriate parking violation. The notice of violation shall be in the form of a citation authorized by the city. The city employee issuing the notice of violation shall note the vehicle's license plate or vehicle identification number and any other information concerning the vehicle that will identify it and, if the driver is not present, shall serve the citation by placing on the vehicle a notice of the parking violation, or alternatively serve directly on the owner/operator of the vehicle in person or serve the citation by regular mail.
2. The registered owner of a vehicle at the time the violation occurred shall be liable for all fines, fees and penalties related to the specific violation.
3. The registered owner at the time a vehicle is found to be in violation of any provisions of this article shall remain liable for all violations despite having subsequently sold, transferred, or otherwise conveyed the vehicle.
D. Notice Of Violation: Employees under the supervision of the chief of police are authorized to provide enforcement of parking regulations and issue related notices of violation for parking violations as set forth in this article or violations of Montana Code Annotated title 61 and Montana Code Annotated section 49-4-302. Employees under the supervision of the chief of police are authorized to immobilize and/or impound a vehicle in accordance with this section.
1. The form of the notice of the violation shall be designated by the city, but shall contain in substance the following information:
a. A statement that the notice of the violation represents a determination that a violation of this article or other parking prohibition has been committed by the owner or user of the vehicle and that the determination shall be final unless contested as provided by this chapter;
b. A statement that failure to pay a violation may result in immobilization and/or impoundment of the vehicle for which the owner may be liable for a penalty, administrative fees, including towing, handling and storage costs;
c. A statement of the specific provision of this chapter or Montana Code Annotated section violated and for which the citation was issued;
d. A statement of the monetary penalty established for the parking violation, including that the violation may subject the owner to additional administrative fees if not paid within ten (10) business days of the date of issuance of the notice of violation; and
e. Information advising the owner of the vehicle that he or she must admit the violation and pay the penalty set forth in subsection 5-4-16A, or deny the violation and request an appeal pursuant to subsection 5-4-16F, within ten (10) business days of the issuance of the notice of violation.
2. The notice of violation represents a determination that a violation has been committed, and such determination shall be final unless contested as provided herein.
3. Nothing herein shall be deemed to invalidate any previous notice or citation issued by the city regarding a violation under this article or other parking prohibition.
4. The original notice of violation must be filed with the city finance department and may be disposed of only by official action of the city or by payment of a fine to the finance department.
E. Response To Notice Of Violation Required:
1. Any person who is provided notice of a violation of this chapter or Montana Code Annotated section shall respond to such notice as provided herein within ten (10) business days of the date of the issuance of the notice, by either paying the penalty set forth in the notice or requesting an administrative appeal pursuant to subsection F of this section. If the person provided notice fails to either pay the penalty or request an administrative appeal within ten (10) business days, said failure shall result in the assessment of a thirty dollars ($30.00) administrative fee which shall be in addition to the penalty.
2. If the owner of a vehicle cited for a parking violation has not responded to the notice of violation within ten (10) business days as provided in subsection E1 of this section, the city shall send a written notice by regular mail to the last known address of the registered owner of the vehicle. Such notice shall state that if the owner of the vehicle does not respond to the notice by either paying the penalty and administrative fee or by requesting in writing an administrative appeal pursuant to these procedures within (10) ten business days of the date of the notice, the owner shall be deemed to have waived the owner's right to an administrative appeal and the determination that a violation was committed shall be considered final. Any person who fails to request an administrative appeal or pay the penalty and administrative fee within the ten (10) business days of the notice described in this subsection shall be deemed to have refused to pay the penalty and administrative fee and the city shall be authorized to proceed to collect the fine and all administrative fees in any manner available to the city.
3. All payments made by a person regarding a notice of a violation under this article shall be paid only to the city finance department.
F. Administrative Appeal Of Parking Citation: Any person cited for a violation of this article may contest the determination that a violation occurred by submitting to the city a notice of administrative appeal of parking citation within ten (10) business days of issuance of notice of violation. The notice of appeal must contain a written statement detailing the appellant's argument that the citation was issued in error and may include photographs, or any other information the appellant wishes to rely upon. The citing employee's supervisor ("administrative reviewer") shall review the information submitted and, within twenty one (21) days of submittal of the notice of appeal, the city shall inform the appellant via regular mail or other communication approved by the appellant, whether the citation is affirmed, modified, or dismissed. If the citing officer's decision is affirmed or modified, the petitioner shall have ten (10) business days from the date of mailing or other approved communication of the decision to pay the penalty. Failure to pay within said ten (10) business day period shall result in the assessment of a thirty dollars ($30.00) administrative fee which shall be in addition to the penalty, and shall authorize the city to proceed to collect the fine and all administrative fees in any manner available to the city.
G. Rehearing And Judicial Review:
1. There shall be a review board which shall consist of three (3) hearing examiners, but in no event shall the administrative reviewer whose decision is being reviewed be included in the panel.
2. A request for review of a decision of an appellate reviewer shall be submitted to the review board within ten (10) business days of notice of the administrative reviewer's determination. The review board shall have the power to review the facts and the law in order to affirm, reverse, or modify any original decision for error of fact or law.
3. Procedure: The hearing shall afford a reasonable opportunity for person(s) to demonstrate by the statements of witnesses and other evidence that the citation was invalid or unjustified. The review board shall establish the necessary rules and regulations regarding the conduct of such hearings.
4. Appearance Of Officer: The officer or other person authorized by the city who issued the notice of violation shall not be required to appear at the hearing unless the review board determines that the officer's presence is required. The review board may grant one postponement if the officer is not available at the time of the hearing.
5. Determination: At the conclusion of the hearing, the review board shall immediately render a decision, either finding the person liable and assessing a fine pursuant to subsection A1 of this section, or declaring the violation unproven.
6. Failure To Appear: Failure of the appellant to appear at a hearing when required to appear shall constitute an admission of the parking violation and shall subject the person charged with the violation to the appropriate fines and costs assessed by the city acting through the review board and shall authorize the city to proceed to collect the fine and all administrative fees in any manner available to the city.
7. Final Decision: The decision of the review board shall be the final decision by the city. Any person aggrieved by a decision may file a petition for judicial review in a court of competent jurisdiction. An appeal must be brought within thirty (30) days from the date of the decision of the review board, and confined to review of the record and questions of law.
H. Immobilization Of Vehicle:
1. Actions under this subsection H1 to immobilize a vehicle are for the purpose of collection and are not considered a penalty. The city may, using any immobilization device (i.e., a "boot"), immobilize any vehicle while parked legally or illegally upon the ways of the city open to the public when:
a. The vehicle is subject to three (3) or more unpaid violations of this article as determined by subsection H3 of this section regarding that vehicle;
b. An owner of the vehicle has three (3) or more unpaid violations of this article as determined by subsection H3 of this section and those violations were issued for any vehicle the person currently owns or has owned; or
c. A city court or municipal judge has ordered the vehicle immobilized or impounded.
If immobilization is conducted pursuant to subsection H1a or H1b of this section, a judgment or order of the city court or municipal court is not required.
2. Prior to immobilization, the city shall send via regular mail with delivery confirmation requested a notice to the last known address of the owner of any vehicle having six (6) or more unpaid violations of this article as determined by subsection H3 of this section that the vehicle may be impounded or immobilized when located upon the ways of the city open to the public. The notice must reference all the unpaid violations of this article against the vehicle or the owner and allow the person ten (10) business days from the date of mailing of the notice to pay all unpaid violations of this article or contest the determination the vehicle is subject to immobilization in the city or municipal court. If the vehicle owner does not respond within ten (10) business days of the date of the mailing, the city may immobilize or impound the vehicle.
3. Only the following violations of this article may be considered in determining the number of violations that subject a vehicle to immobilization:
a. All violations occurring after the effective date of this chapter:
b. Any violation occurring prior to the effective date of this chapter, wherein a summons and compliant has been lawfully served on the vehicle owner; and
c. Any violation of this article for which a judgment has been entered by the city court or municipal court as long as the judgment occurred no more than ten (10) years prior to the date the notice of a pending immobilization is sent pursuant to subsection H2 of this section.
4. A one hundred fifty dollar ($150.00) immobilization fee and costs of immobilization and impoundment will be assessed against the owner and must be paid prior to release.
5. At the time a vehicle is immobilized, the city shall conspicuously affix to the vehicle a written notice via a highly visible sticker or other material with an adhesive backing that can be fastened to the driver-side window containing the following information:
This vehicle has been immobilized for three (3) or more unpaid violations of Title 5, Chapter 4 of the Belgrade City Code or by Order of the Belgrade City or Municipal Court. Release from immobilization may be obtained by paying all unpaid violations at City Hall, 91 East Central, Belgrade, Montana, or by appearing in Belgrade City or Municipal Court, 91 East Central, Belgrade, Montana, to answer to the unpaid violations. All assessed fees, including a $150.00 fee for immobilization, must be paid prior to release of this vehicle. If the vehicle remains immobilized for more than 24 hours, the vehicle is subject to being towed and impounded as provided in Title 5, Chapter 5 of the Belgrade City Code, with additional fees assessed at that time. Removal or attempted removal of the immobilization device before a release is obtained is unlawful and may be punishable as a criminal offense subject to the penalty provided in Title 1, Chapter 4 of the Belgrade City Code. The owner may contest the action of immobilization and/or impoundment by filing a request for a hearing with the Belgrade City or Municipal Court within ten (10) business days of the immobilization or impoundment. Please call 406-388-4262 for information on how to release this vehicle.
6. If the vehicle has been immobilized, and has remained immobilized for a period of twenty four (24) hours or longer, and a release has not been obtained from the city or the city court or municipal court, then the city may impound the vehicle as provided for in subsection I of this section.
7. Nothing herein shall prohibit the city from providing alternative methods of notice that a vehicle is subject to immobilization or that a vehicle has been immobilized.
I. Removal/Impoundment Of Vehicle:
1. The city, or authorized agent of the city, is authorized to remove or tow a vehicle from the ways of the city open to the public pursuant to this chapter to the city impound lot or to a location associated with the tow company where the vehicle will be stored until the owner of such vehicle appears and claims the same or the vehicle is sold at auction in compliance with Montana Code Annotated sections 25-13-701 through 25-13-709, under the following circumstances:
a. When any vehicle is left unattended upon any bridge/viaduct or causeway or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;
b. When a vehicle is left unattended and that vehicle constitutes an obstruction to the safe and efficient removal of snow, ice, other weather caused obstructions or the vehicle must be removed to facilitate the repairs or replacement of city services;
c. When a vehicle upon a street constitutes an obstruction to traffic and the person in charge of the vehicle fails to or is unable to provide for its custody or removal;
d. Upon issuance of a judicial order for any reason, including offenses under this chapter or Title 61, Montana Code Annotated (Montana Code Annotated sections 61-1-101 et seq.);
e. In conjunction with an investigation in which the vehicle is seized pursuant to provisions allowed under Montana Code Annotated section 46-5-311, or seized pursuant to a court order; or
f. Whenever any vehicle is found by the city parked or left standing in the ways of the city open to the public streets or alleys of the city; and
(1) The vehicle is subject to three (3) or more unpaid violations of this article as determined by subsection H3 of this section regarding that vehicle;
(2) An owner of the vehicle has three (3) or more unpaid violations of this article as determined by subsection H3 of this section and those violations were issued for any vehicle the person currently owns or has owned; or
(3) A city court or municipal judge has ordered the vehicle immobilized or impounded.
2. Prior to towing a vehicle under subsection I1f of this section, the city must have immobilized the vehicle and sent notice to the last known registered owner of the vehicle in a similar form to that required in subsection H of this section.
3. Whenever a city employee authorizes the removal of a vehicle from the ways of the city open to the public as authorized in this subsection I and the employee removing the vehicle knows or is able to ascertain from the registration records on the vehicle the name and address of the owner thereof, and in compliance with Montana Code Annotated section 61-12-402, such officer or another city employee shall send a notice by certified mail within seventy two (72) hours to such owner and lien-holder, if applicable, of the fact of such removal and the reasons thereof and of the place to which such vehicle has been removed. If any such vehicle is stored in a public garage or other storage facility, a copy of such notice shall be given to the attendant or owner of the facility. Further, a city employee authorizing the removal of the vehicle, shall adequately update written or electronic records of the immobilization and/or tow to provide for later identification of all fees relative to the release of the vehicle to the registered owner.
4. Impound Fee: The cost of towing or removing such vehicle, administrative fees related to notification of the removal, and costs of storing the vehicle shall be chargeable against the vehicle as the impound fee and shall be paid by the owner of the vehicle before the vehicle shall be released pursuant to subsection J of this section.
5. Storage Fee: The vehicle may be stored in a public or a private place; if a private place, the storage charges shall be the amount charged for such private storage; if stored on public property, the storage fee shall be one hundred dollars ($100.00) for each month, or any part thereof, up to a maximum of five hundred dollars ($500.00). The storage fee shall be as prescribed from time to time by city council resolution. The owner of a vehicle impounded and towed must secure the release of the vehicle as required by subsection J of this section. The city assumes no responsibility for the condition of the vehicle upon towing to impound or a facility provided by a private towing entity.
J. Release Of Vehicle To Owner For Immobilization Or Impoundment:
1. An immobilized or impounded vehicle may be released from immobilization or impoundment only after evidence of ownership or right to possession to the owner or authorized agent of the owner of the vehicle is furnished provided to the city.
2. The owner of an immobilized or impounded vehicle may secure its release:
a. Prior To Impoundment: By paying all unpaid violations of this chapter and all administrative costs, including the costs of immobilization, with the city finance department;
b. Impoundment Due To Court Order: By paying the unpaid violations of this article and all administrative costs, including the costs of immobilization and/or impoundment as stated in subsection H4 of this section, to the city finance department, or as determined by the city court or municipal court; or
c. After Impoundment: By posting a bond with the city finance department in an amount equal to:
(1) All outstanding violations of this article and all administrative costs;
(2) The immobilization fee of one hundred fifty dollars ($150.00); and
(3) A sum equal to the impound fee and costs if the vehicle was impounded.
d. After Normal Business Hours: By posting cash bond with the police department that includes all costs listed in subsection J2c of this section for emergency exceptions, as necessary.
3. At the time the vehicle is released, the owner or the authorized agent of the owner may challenge the immobilization or impoundment in writing within the city court or municipal court. The owner shall state in writing whether the payments made are in full satisfaction of all debts and judgments or whether the owner is making payment as a bond and will challenge the immobilization or impoundment with the city court or municipal court. If at the time of vehicle release the owner posts a bond pursuant to subsection E1b of this section and yet fails to challenge the immobilization or impoundment pursuant to subsection K of this section, the bond shall be forfeited and considered as final payment for all debts and judgments listed in subsection J2c of this section.
K. Hearing For Vehicle Immobilization Or Towing/Impoundment:
1. Within ten (10) business days of notification of a pending immobilization under subsection H2 of this section, or within ten (10) business days after an immobilization or impoundment, the owner or operator of a vehicle which is the subject of the notice or the action may file a written petition to challenge the notice or action in city court or municipal court.
2. Upon receipt of a petition, the city or municipal court has jurisdiction and shall set the matter for hearing on an expedited schedule. The court shall give at least forty eight (48) hours written notice of the hearing date to the citing city employee or designated representative, the city prosecutor's office, and the petitioner.
3. Upon filing the petition, if the petition is filed based upon the notice, and an immobilization or impoundment action has not yet taken place, then any future immobilization or impoundment will be stayed pending the outcome of the hearing. An appropriate order shall issue from the court.
4. The court shall not require a response to the petition from the city, but shall take testimony and examine the facts of the case, except that the issues are limited to:
a. For Immobilization Under Subsection H Of This Section:
(1) Whether at the time of an immobilization the vehicle was either the subject of three (3) or more unpaid violations of this article, an owner of the vehicle has three (3) or more unpaid violations of this article as determined by subsection H3 of this section and those violations were issued for any vehicle the person currently owns or has owned, or the vehicle or owner is the subject of an order of immobilization in the city court or municipal court; and
(2) Whether a representative of the city had sent, prior to immobilization, to the registered owner of the vehicle a written notice complying with subsection H2 of this section.
b. For Impoundment: Whether the vehicle was properly the subject of an act of immobilization or towing as provided in under this chapter.
5. Based upon the issues in subsection K4 of this section the court shall determine whether the petitioner is entitled to rescission of the notice or action of immobilization or impoundment. If the petitioner is entitled to rescission, then the court may order the city to pay or reimburse the fees for immobilization or impoundment. If the petition is denied, then the petitioner is subject to the action of immobilization or impoundment and must pay the costs of such action, if taken, together with any costs associated with the hearing should the court find the petition was without merit.
6. If the immobilization or impoundment was deemed justified by court, the court shall forfeit the bond. Any fines or fees remaining in excess of the amount of the bond posted shall be ordered by the court to be paid to the court by the owner of the vehicle.
7. The petitioner's failure to appear at the hearing may result in a judgment against the petitioner pursuant to procedures established by law and an order may be issued by the court requiring all debts, judgments, and administrative costs, including costs related to immobilization or impoundment and costs of the court, and said order shall be complied with prior to release of the vehicle.
L. Sale Of Impounded Vehicles:
1. Vehicles that are not reclaimed within thirty (30) days after notification by certified mail or prescribed publication, in accordance with subsection I2 of this section, or any vehicles seized and held as evidence where the vehicle no longer has any evidentiary value and for which an order for disposal of the vehicle has been signed by a judge in accordance Montana Code Annotated sections 46-5-307 and 46-5-308, may be sold at public auction in the manner provided in Montana Code Annotated sections 25-13-701 et seq.
2. Proceeds from a sale involving vehicles seized pursuant to this article shall be applied first to pay for costs and charges as listed in subsection J2c of this section, with any additional balance deposited in the city general fund except when the city is required by law to deposit the balance or any part thereof with another party. In the event of a sale resulting in recovery of costs less than those listed in subsection J2c of this section, any unpaid violations or costs may form the basis for additional enforcement under this article.
M. Statute Of Limitations: Enforcement and collection actions, to include issuing a notice of immobilization under subsection H2 of this section, may not be issued if the following time periods have been exceeded:
1. Civil Citation Only: For citations issued after the effective date of this chapter, for which a summons has not been issued in accordance with subsection G1 of this section, one year from the date of issuance of the citation and prior to the date of notice of immobilization under subsection H2 of this section;
2. Court Summons Issued For Civil Citation: For citations issued after the effective date of this chapter, for which a summons has been issued in accordance with subsection G1 of this section, but a judgment has not been entered, three (3) years after issuance of the summons and prior to the date of notice of immobilization under subsection H2 of this section;
3. Court Summons Issued For Criminal Citation: For any citation issued prior to the effective date of this chapter, that was issued as a criminal citation and where a summons and complaint had been filed with the city court, three (3) years from the date of filing with the court and prior to the date of notice of immobilization under subsection H2 of this section;
4. Judgment Entered: For any violation, whether occurring prior to the effective date of this chapter, or later, if a judgment has been entered by a court, ten (10) years after judgment and prior to the date of notice of immobilization under subsection H2 of this section.
(Ord. 2022-15, 12-5-2022)