(A) Fines. A violation of the parking provision shall be punishable by a penalty, and the penalties shall be imposed as follows:
(1) The minimum penalty for a violation of § 6.1.2 shall be a fine of not less than $50 or more than $300;
(3) The minimum penalty for a violation of § 6.1.11 shall be a fine of not less than $25 or more than $100, plus any tow bill incurred; and
(4) The determination of the exact fine shall be according to a schedule to be adopted by the City Council by resolution.
(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 this violation within 14 days of the issuance of the citation results in an additional administrative charge of $20 being assessed along with the fine.
(C) Violation for improperly parked vehicle.
(1) If any motor vehicle is found to be in violation of any provision of these parking sections, 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 employee or officer issuing the notice of violation shall note the vehicle’s license plate or vehicle identification number and any other information concerning the vehicle which 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 chapter shall remain liable for all violations despite having subsequently sold, transferred or otherwise conveyed the vehicle.
(D) Enforcement. The employee or officers under the supervision of the Mayor or 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 title or violations of M.C.A. Title 61 and M.C.A. § 49-4-302.
(E) Citation. The original citation must be filed with the City Treasurer and may be disposed of only by official action of the City or by payment of a fine to the City Treasurer. All payments shall be made to the City Treasurer.
(F) Administrative appeal. Any person cited for a violation under this section may contest the determination of a violation by submitting a written statement on or before expiration of the 14-day payment period to the City Treasurer. The statement shall be accompanied by a bond in an amount equal to the fine to be imposed plus a $20 administrative fee. Upon submission of the written statement and the bond, the Treasurer shall hold the bond and shall submit the written statement to the employee or officer issuing the citation. The employee or officer shall have 20 days to file a response. Upon receipt of the response, the statement and response will be reviewed by the Mayor. The Mayor may affirm the citation, modify the citation or dismiss the citation. If the citation is affirmed, the City Treasurer shall convert the posted bond to pay the fine and shall notify the owner of the decision. If the citation is modified, the City Treasurer shall mail written notice of the modification and refund any amount not covered by the bond. If the citation is dismissed, the City Treasurer shall mail notice of the decision to the owner along with a refund of the bond.
(1985 Code, § 10.02.150) (Ord. 373, passed 3-3-2020)