RESOLUTION NO

ORDINANCE 3188

AN ORDINANCE REPEALING AND REPLACING TITLE 10 OF

THE OFFICIAL CODE OF THE CITY OF GREAT FALLS

(OCCGF), PERTAINING TO VEHICLES AND TRAFFIC.

* * * * * * * * * *

WHEREAS,

the City Commission established Title 10 of the OCCGF outlining

provisions pertaining to Vehicles and Traffic; and

WHEREAS, the City Commission has recognized deficiencies throughout

OCCGF Title 10, including but not limited to, typographical, grammatical, formatting, and

referencing deficiencies; and

WHEREAS, the City Commission wishes to cure the deficiencies contained in

OCCGF Title 10; and

WHEREAS, the City Commission wishes to make substantive amendments to

OCCGF Title 10; and

WHEREAS, the amendments include substantive changes to regulations

including, but not limited to, parking violations, parking district administration, abandoned

or junked vehicles on public property, and vehicles parked in construction zones; and

WHEREAS, the City Commission wishes to establish clear penalty provisions for

vehicle and traffic violations; and

WHEREAS, the City Commission wishes to establish consistency within the

OCCGF, and where applicable the Montana Code Annotated.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE

ITY OF GREAT FALLS, MONTANA:

Section 1. OCCGF Title 10 is hereby repealed and replaced as depicted by Exhibit

“A” attached hereto and by reference incorporated herein; and

Section 2. This ordinance shall be in full force and effect thirty (30) days after

public hearing and final adoption by the City Commission.

ACCEPTED by the City Commission of the City of Great Falls, Montana on first

reading September 4, 2018.

ADOPTED by the City Commission of the City of Great Falls, Montana on second

reading September 18, 2018.

______________________________

Bob Kelly, Mayor

ATTEST:

(CITY SEAL)

_______________________________________

Lisa Kunz, City Clerk

APPROVED FOR LEGAL CONTENT:

Joseph P. Cik, Assistant City Attorney

State of Montana )

County of Cascade : ss

City of Great Falls )

I, Lisa Kunz, City Clerk of the City of Great Falls, Montana, do certify that I did

post as required by law and as prescribed and directed by the Commission, Ordinance 3188

on the Great Falls Civic Center posting board and the Great Falls City website.

_________________________________

Lisa Kunz, City Clerk

(CITY SEAL)

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 1

Title 10 VEHICLES AND TRAFFIC

Chapter

____

Chapter 1 - DEFINITIONS

Chapter 2 - APPLICABILITY

Chapter 3 - TRAFFIC CONTROL DEVICES AND PARKING METERS

Chapter 4 - STOP INTERSECTIONS

Chapter 5 - ONE-WAY STREETS AND ALLEYS

Chapter 6 - FOUR-LANE STREETS AND ROADWAYS

Chapter 7 - SPEED RESTRICTIONS

Chapter 8 - MISCELLANEOUS DRIVING RULES

Chapter 9 - STOPPING, STANDING, AND PARKING

Chapter 10 - VEHICLE IMMOBILIZATION

Chapter 11 - COMMERCIAL VEHICLES

Chapter 12 - ABANDONED AND JUNKED VEHICLES, MACHINERY, TRAILERS, AND PARTS

Chapter 13 - ABANDONED, WRECKED, JUNKED, OR DISMANTLED VEHICLES ON PRIVATE PROPERTY

Chapter 14 - SNOWMOBILES

Chapter 15 - MOTORCYCLES

Chapter 16 - HANDICAP ZONE

Chapter 17 - TRAILERS

Chapter 18 - TOLL LOCATIONS

Chapter 19 - LIABILITY FOR STREET DAMAGE

Chapter 20 - EXCESS SIZE AND WEIGHT PERMITS

Chapter 21 – PARKING VIOLATIONS

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 2

Chapter 1 DEFINITIONS

Section:

0.1.010 Definitions.

10.1.010 Definitions.

Unless otherwise specified in this Title, the following definitions apply:

A. "Abandoned vehicle" means any of the following:

. A vehicle that has been left unattended on public property for more than forty-eight

(48) hours and is rendered inoperable;

2. A vehicle that has remained illegally parked on public property for more than forty-

eight (48) hours;

3. A vehicle that has been unlawfully parked on private real property or has been

placed on private property without the consent of the real property owner or person

in control of the property for more than forty-eight (48) hours;

4. A vehicle that has been legally impounded by order of a law enforcement authority

and has not been reclaimed for a period of five (5) days; or

5. Any vehicle parked on a street determined by a law enforcement authority to create

a hazard to other vehicle traffic.

B. "Bicycle" means a non-motorized vehicle consisting of a metal frame on two (2) or more

wheels and having handlebars and a seat.

C. "Central Business District" means the C-4 Central Business Core Zoning District.

D. “Commercial motor vehicle” any vehicle meeting the definition provided by Mont. Code

Ann. § 61-1-101.

E. "Freight Loading Zone" means a portion of a public right-of-way that is designated for short-

term use by vehicles loading and unloading goods. Freight loading zones are established

following the procedures adopted in this Title. This term also includes delivery zones in the

metered parking district.

F. "Handicap Parking Zone" means a portion of a public right-of-way that is designated for

use only by vehicles that have a handicap parking permit or plate. Handicap parking zones

are established following the procedures adopted in this Title.

G. "Junk vehicle" means any vehicle, machinery, trailer, or parts thereof, located on public

property or illegally parked on private property within the incorporated City limits, which, as

to a vehicle or trailer, does not properly display license plates or stickers indicating current

registration and/or which has any one (1) or more of the following characteristics:

1. Lacks an engine, wheel, tire, properly installed battery or other structural parts

which renders the vehicle inoperable for use as designed by the manufacturer;

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 3

2. Has a broken or missing fender, door, bumper, hood, steering wheel, trunk top,

trunk handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft, differential,

generator, or alternator;

3. Has become or has the potential to become the breeding ground or habitat of rats,

mice, snakes, mosquitoes or other vermin, rodents or insects, or is otherwise used

for the storage, harbor, caging or dwelling for an animal of any kind;

4. Has heavy growth of weeds or other noxious vegetation over eight (8) inches in

height under or immediately next to it;

5. Has become a point of collection for stagnant water;

6. Has junk, garbage, refuse, gasoline or fuel other than in its fuel tank, paper,

cardboard, wood or other combustible materials, solid waste, or other hazardous

material present in it or which is primarily used for storage of any materials;

7. Has become a source of danger for children through entrapment in areas of

confinement that cannot be opened from inside, through a danger of the vehicle

falling or turning over, or through possible injury from exposed surfaces of metal,

glass, or other rigid materials;

8. Has become a potential source of contamination of the soil from petroleum

products or other toxic liquids being discharged or leaking from the vehicle;

9. Has become illegal to operate on the public streets because it is missing one (1)

or more parts required by law; or

10. Because of its defective, deteriorated, or obsolete condition in any other way

constitutes a nuisance or a threat to the public's health or safety.

H. "Law enforcement authority" means a peace officer or any City, State, or Federal

department or agency member operating in his or her professional capacity within the

incorporated City limits.

I. "Local service" means limiting the authorized use of City streets or avenues to those trucks

which have either point of origin or destination for immediate business purposes within the

incorporated City limits.

J. "Machinery" is synonymous with and means the same as "machine" as defined by the

current edition of the Merriam-Webster Dictionary.

K. "Parking Administrator" means the City employee or contractor tasked by the City Manager

with the management of the City's parking facilities. Within this Title this person may also

be referred to as “The Administrator”.

L. "Parking Official" means peace officers and other persons designated by the City Manager

to enforce the provisions of this Title.

M. "Parking Meter" means any device installed for the regulation of the time allowed for

parking as provided by this Title.

N. "Parts" means any mechanical, structural, body, or decorative part of any vehicle,

machinery, or trailer.

O. "Passenger Loading Zone" means a portion of a public right-of-way that is designated for

short-term use by vehicles loading and unloading people. This specifically includes school

bus loading zones. Passenger loading zones are established following the procedures

adopted in this Title.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 4

P. "Person" means any individual, partnership, association or corporation, or other legal

ntity.

Q. "Trailer" means any vehicle without motor power designed for carrying persons or property

and for being drawn by a motor vehicle. The term includes devices intended for

recreational purposes carried in the bed of a pick-up truck.

R. "Vehicle" means any device by which any person or property may be propelled, moved, or

drawn upon a street. The term includes, but is not limited to:

1. An automobile;

2. Truck;

3. Van;

4. Sport utility vehicle;

5. Recreational vehicle;

6. Watercraft;

7. Boat;

8. Jet ski;

9. Snowmobiles;

10. ATV's;

11. Aircraft, or

12. Parts thereof.

Chapter 2 APPLICABILITY

Sections:

10.2.010 Pushcarts and animals.

10.2.020 Toy vehicles and devices—restrictions—exception.

0.2.010 Pushcarts and animals.

Any person propelling any pushcart, riding an animal, or driving any animal-drawn vehicle shall be subject

to the provisions of this Title.

10.2.020 Toy vehicles and devices—restrictions—exception.

A. It is unlawful for any person upon roller skates, toy vehicle, or similar device to be upon

ny roadway except while crossing a street on a crosswalk. Such person shall be granted

all rights and shall be subject to all the duties applicable to pedestrians.

B. A violation of this section is punishable by a fine of fifty dollars ($50.00).

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 5

Chapter 3 TRAFFIC CONTROL DEVICES AND PARKING METERS

Sections:

10.3.010 Installation of traffic control devices and parking meters.

10.3.020 Obedience required.

10.3.030 Interference with signals.

10.3.040 Crosswalks, traffic lanes, and parking spaces.

10.3.050 Standards and specifications.

10.3.060 No-passing zones—establishment authority.

10.3.070 Lane designation signs—erection.

0.3.010 Installation of traffic control devices an

d parking meters.

A. The Public Works Department with the approval of the City Commission and The Montana

Department of Transportation when applicable, shall place and maintain traffic and parking

control signs, signals, and devices when and as required under the OCCGF, pursuant to

the recommendations of the Manual on Traffic Control Devices, and may place and

maintain such additional traffic-control devices as necessary to regulate traffic under the

OCCGF or under State law, or to guide or warn traffic.

B. In parking meter zones established pursuant to this Title, the Planning and Community

Development Director or designee, shall cause parking meters to be installed upon the

curb or sidewalk immediately adjacent to the parking spaces. The Planning and

Community Development Director shall be responsible for the regulation, control,

operation, maintenance, and use of such parking meters.

C. Upon the expiration of the lawful time limit, the right of the occupying vehicle to occupy

such space ceases and the operator, owner, possessor, or manager thereof, shall be

subject to the penalties provided in this Title.

10.3.020 Obedience required.

The driver of any vehicle shall obey the instruction of any official traffic-control device applicable thereto

laced in accordance with the traffic laws of the City, unless otherwise directed by a law enforcement officer,

subject to the exceptions granted the driver of an authorized emergency vehicle.

10.3.030 Interference with signals.

A. It is unlawful for any person without legal authorization to attempt to or alter, deface, injure,

knock down, or remove any official traffic-control device, railroad sign, or any other part

thereof.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 6

B. It is unlawful for any person to disable or destroy any parking meter.

C. A violation of this section is punishable by a term not to exceed six (6) months in jail, a fine

of not more than five hundred dollars ($500.00), or both.

10.3.040 Crosswalks, traffic lanes, and parking spaces.

The Public Works Department is authorized to:

. Install and maintain by appropriate devices, marks, or lines upon the surface of the

roadway, crosswalks at intersections where there is particular danger to pedestrians

crossing the roadway, and at such other places as deemed necessary; and

B. Mark lanes for traffic on street pavements at such places as he may deem advisable,

consistent with the OCCGF.

10.3.050 Standards and specifications.

All traffic control signs, signals, and devices shall conform to the standards and guidelines set forth by the

nual on Uniform Traffic Control Devices.

10.3.060 No-passing zones—establishment authority.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

uthorized to determine those portions of any roadway where overtaking and passing or driving to the left

of the roadway would be especially hazardous and provide appropriate signage.

10.3.070 Lane designation signs—erection.

Official signs may be erected directing traffic to use a designated lane or designating those lanes to be

used by traffic moving in a particular direction regardless of the center of the roadway.

Chapter 4 STOP INTERSECTIONS

Sections:

10.4.010 Designated.

10.4.020 Stop sign erection—authority.

10.4.010 Designated.

The following streets and parts of streets are through streets at stop intersections for the purpose of this

hapter:

A. Second Avenue North from Park Drive to east City limits;

B. Park Drive from Second Avenue South to Eighth Avenue North;

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 7

C. First Avenue North from Thirty-Seventh Street to west end of First Avenue North Bridge;

D. Central Avenue West from west end of First Avenue North Bridge to west City limits;

E. Sixth Street Southwest from Central Avenue West to south City limits;

F. Third Street Northwest and Smelter Avenue from Central Avenue West to northeast City

limits;

G. Tenth Avenue South from west City limits to east City limits;

H. Ninth Street from Tenth Avenue South to River Drive North;

I. Fourteenth and Fifteenth Streets couplet from Tenth Avenue South to River Drive North;

J. Central Avenue from Ninth Streets to Forth-sixth Street;

K. Second Street from Tenth Avenue South to First Avenue South;

L. River Drive all inside of City limits;

M. Twenty-fifth and Twenty-sixth Streets couplet from Tenth Avenue South to River Drive

North;

N. Twenty-sixth Street South from Tenth Avenue South to the south City limits;

O. Fifth and Sixth Street couplets from Central Avenue to Tenth Avenue South;

P. Second Avenue South from Second Street to Fifteenth Street;

Q. First Avenue South from Park Drive to Fifteenth Street;

R. Thirteenth Avenue South from Fourth Street to Twentieth Street;

S. Thirty-second Street South from Central Avenue to Tenth Avenue South;

T. Thirteenth Street South from Tenth Avenue South to south City limits;

U. Fox Farm Road from Tenth Avenue South to south City limits; and

V. Upper River Road from River Road loop to south City limits.

10.4.020 Stop sign erection—authority.

Whenever the OCCGF designates and describes a through street, it shall be the duty of the Public Works

epartment to place and maintain a stop sign on each and every street intersecting such through street or

intersection that portion thereof described and designated as such by the OCCGF.

Chapter 5 ONE-WAY STREETS AND ALLEYS

Sections:

10.5.010 Sign placement and maintenance.

10.5.020 Direction designated.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 8

10.5.010 Sign placement and maintenance.

Whenever the OCCGF designates a one-way street or alley, the Public Works Department shall place and

aintain signs giving notice thereof. Signs indicating the direction of lawful traffic movement shall be placed

at every intersection where movement of traffic in the opposite direction is prohibited.

10.5.020 Direction designated.

A. Upon those streets, parts of streets, and alleys described in subsection B of this section,

vehicular traffic shall move only in the indicated direction. Movement in the opposite

direction is prohibited.

B. In accordance with Section 10.5.010 and when proper signs are posted, traffic shall move

only in the direction indicated upon the following streets or avenues.

Street, Avenue or Alley

Permitted direction

First Avenue North

Park Drive to Thirty-seventh Street

Eastbound

First Avenue South

Park Drive to Fifteenth Street

Westbound

Second Avenue South

Second Street to Fifteenth Street

Eastbound

Second Avenue North

Park Drive to Thirty-seventh Street

Westbound

Fifth Street

Eighth Avenue North to Tenth Avenue South

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 9

Southbound

Sixth Street

Eighth Avenue North to Tenth Avenue South

Northbound

Fourteenth Street

Twelfth Avenue North to Tenth Avenue South

Southbound

Fifteenth Street

Twelfth Avenue North to Tenth Avenue South

Northbound

Twenty

fifth Street

Tenth Avenue South to Eighth Avenue North

Southbound

Twenty

fifth Alley Northeast

Sixth Street Northeast to Ninth Street Northeast

Westbound

Twenty

sixth Street

Tenth Avenue South to Eighth Avenue North

Northbound

Park Drive

First Avenue South to Second Street

Southbound

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 10

Chapter 6 FOUR-LANE STREETS AND ROADWAYS

Sections:

10.6.010 Designated marking regulations.

A. The following streets and avenues or portions thereof, located within the incorporated City

imits, are designated as four-lane streets and roadways:

1. Central Avenue:

From the east line of Ninth Street to the west line of Fifteenth Street;

2. Tenth Avenue South:

From the west City limits to the east City limits;

3. Central Avenue West:

From the west abutment of the First Avenue North Bridge to west line of

Interstate 15;

4. Fourteenth and Fifteenth Streets North:

From the south line of Twelfth Avenue North to the south abutment of the

Fifteenth Street North Bridge;

5. First Avenue North:

From west abutment of First Avenue North Bridge to west line of Park Drive;

6. Park Drive:

From south line of First Avenue North to north line of First Avenue South;

7. Sixth Street SW:

From Central Avenue West, south to City limit;

8. Northwest Bypass:

From Third Street Northwest, west to City limits;

9. Third Street Northwest and Smelter Avenue:

From Central Avenue West, northeast to City limits;

10. Ninth Street North:

From 8th Avenue North to south abutment of Tenth Street North Bridge;

11. Tenth Street North:

From north abutment of Tenth Street North Bridge, north to City limits;

12. Fox Farm Road:

From Tenth Avenue South to Alder Drive; and

13. River Drive:

From Tenth Street North to Fifteenth Street North.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 11

B. The Public Works Department is directed to mark appropriately all such four-lane streets

or roadways and to keep the same properly marked and designated for four-lane traffic.

C. All vehicles proceeding on any four-lane street or roadway must be driven wholly within a

single lane and the driving of any vehicle so as to straddle two (2) lanes of traffic, except

in passing from one (1) lane to the other, is prohibited.

Chapter 7 SPEED RESTRICTIONS

Sections:

10.7.010 Established—specific streets.

10.7.020 Established - alleys.

0.7.010 Established—specific streets.

In accordance with Mont. Code Ann. § 61-8-306, no person shall drive a motor vehicle at a speed greater

an the speed as set forth in the following schedule:

Street and Avenue

Maximum

M.P.H.

Central Avenue

Ninth Street to Fifteenth Street

Central Avenue

Fifteenth Street to Thirty-eighth Street

First Avenue South

Ninth Street to Fifteenth Street

Second Avenue South

Ninth Street to Fifteenth Street

Second Street South

Tenth Avenue South to south line of First Avenue South

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 12

Park Drive

First Avenue North to Eighth Avenue North

Parkdale Housing

All streets within the following boundaries:

Bounded on the north by the north line of Fifth Avenue South; on the east by the west

line of Eighteenth Street and Chowen Park; on the south by the north line of Eighth

Avenue South and Chowen Park; and on the west by the east line of Fifteenth Street

Eighth Avenue North

Park Drive to Twenty-fifth Street

All trucks only

10.7.020 Established - alleys.

The limit for all alleys within the incorporated City limits is fifteen (15) miles per hour.

Chapter 8 MISCELLANEOUS DRIVING RULES

Sections:

10.8.010 Driving on sidewalk prohibited—exception.

10.8.020 Boarding or exiting from moving vehicles prohibited.

10.8.030 Passenger regulations.

10.8.040 Violation—misdemeanor—penalty.

10.8.050 Use of electronic communication devices while operating a motorized vehicle or a bicycle.

10.8.010 Driving on sidewalk prohibited—exception.

A. The driver of a vehicle shall not drive upon any sidewalk area except at a permanent

riveway.

B. This section does not apply to City authorized vehicles performing sidewalk maintenance

or snow removal.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 13

10.8.020 Boarding or exiting from moving vehicles p

rohibited.

It is unlawful for any person to board or exit any vehicle while the vehicle is in motion.

10.8.030 Passenger regulations.

It is unlawful for any person to ride on any vehicle or portion thereof not designed or intended for the use

of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty.

10.8.040 Violation—misdemeanor—penalty.

A violation of this Chapter is a misdemeanor punishable by a fine of not more than five hundred dollars

(

$500.00), a term not to exceed six (6) months in jail, or both.

10.8.050 Use of electronic communication devices while operating a motorized vehicle

or a bicycle.

A. No person operating a motorized vehicle or a bicycle on a public highway within the

incorporated City limits shall use a mobile telephone to engage a call and/or use any other

hand-held electronic communication device to compose, send, view or retrieve email, a

text message, or other electronic data.

B. "Hand held electronic communication device" includes wireless or cellular phones, laptop

and notebook computers, GPS and navigational systems, pagers, electronic games, and

any other device that would permit wireless communications to and from the user of the

device.

C. This section does not apply to the following:

1. Any person reporting a health, fire, safety, or police emergency;

2. Governmental fire agencies, ambulance services, law enforcement agencies,

emergency responders, or any other person operating an "authorized emergency

vehicle" as defined in Mont. Code Ann. § 61-8-102(2)(a);

3. Operators or passengers of a motorized vehicle using a hand held electronic

communication device while in a parking lane or space out of moving traffic lanes;

4. Persons using a "hands free device", defined as, an external device that connects

to a wireless telephone, wireless or electronic communication device that allows

use of the hands-free device; and

5. Drivers using two-way radios while in the performance and scope of their work-

related duties, or to drivers holding a valid amateur radio operator license issued

by the Federal Communications Commission while using a two-way radio.

D. The penalties for a violation of this section are as follows:

1. A first conviction for a violation of this section, shall be punishable by a fine not

less than two hundred dollars ($200.00) and not more than five hundred dollars

($500.00);

2. A second conviction, within 24 months after the first conviction, for a violation of

this section, shall be punishable by a fine not less than three hundred dollars

($300.00) and not more than five hundred dollars ($500.00). The Defendant shall

further participate in twenty (20) hours of Court approved community service to be

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 14

completed within ninety (90) days of the date of the second conviction. The

Defendant shall provide completion of community service to the Great Falls

Municipal Court; and

3. A third or subsequent conviction, within 24 months after the first conviction, for a

violation of this section, shall be punishable by a fine not less than four hundred

dollars ($400.00) and more than five hundred dollars ($500.00). The Defendant

shall further participate in forty (40) hours of community service to be completed

within ninety (90) days of the date of conviction. Additional penalties may include

forfeiture of license plates of the vehicle, driven at the time of the offense, or

forfeiture of the Defendant's driver's license for a period not to exceed 180 days,

or both.

Chapter 9 STOPPING, STANDING, AND PARKING

Sections:

10.9.010 Stopping, standing or parking close to curb.

10.9.020 Lights on parked vehicles.

10.9.030 Parking at meters.

10.9.040 Paying for parking.

10.9.050 Stopping or parking on public streets and alleys.

10.9.060 Parking in alleys.

10.9.070 Parking for certain purposes prohibited.

10.9.080 Parking of commercial vehicles.

10.9.090 Compliance with signs required.

10.9.100 Curb or pavement markings.

10.9.110 Parking controlled adjacent to schools.

10.9.120 Parking controlled on narrow traffic ways.

10.9.130 Parking controlled during certain hours of the day and/or days of the week.

10.9.140 Stopping, standing or parking controlled in hazardous or congested places.

10.9.150 Stopping, standing or parking controlled along arterial and collector traffic ways.

10.9.160 On-street loading and parking zones.

10.9.170 Parking management districts.

10.9.180 Review of applications for loading and parking zones on public streets.

10.9.190 Application fees for the establishment of loading and parking zones.

10.9.200 Use of loading and parking zones on public streets.

10.9.210 Passenger loading zones serving schools.

10.9.220 Delivery permits.

10.9.230 Meter bags.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 15

10.9.240 Residential parking in parking management districts.

10.9.250 Administration of parking management districts.

10.9.260 Parking meter enforcement periods and time limits.

10.9.270 Courtesy parking.

10.9.280 Unauthorized parking in off-street parking facilities prohibited.

10.9.290 Rates charged on City owned or operated off-street parking lots, garages, and parking meters.

10.9.300 Parking in construction zones.

0.9.010 Stopping, standing or parking close to cur

Unless otherwise provided in this Chapter, it is unlawful for any person to stop, stand, or park a vehicle,

other than a motor cycle, in a traffic way other than parallel with the edge of the traffic way headed in the

direction of the lawful traffic movement for the lane in which it is stopped, standing, or parked and with the

wheels of the vehicle within eighteen (18) inches of the curb or edge of the traffic way.

10.9.020 Lights on parked vehicles.

Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

10.9.030 Parking at meters.

A. Except as directed by a Great Falls Fire Rescue (GFFR) Department, Great Falls Police

epartment (GFPD) officer or representative, or a City parking official, vehicles using

metered parking spaces shall park within the area and at the angle delineated by the

pavement markings.

B. When pavement markings are obscured by snow, wear, or other conditions and there is

angle parking, vehicles shall be parked to the left side or right side of the appropriate meter.

C. Where there is parallel parking, vehicles shall be parked front end to or rear end to, within

eighteen (18) inches of the appropriate meter, and within eighteen (18) inches of the curb.

Failure to comply with this section is a violation of this Title, subject to the penalties and

fees authorized by Chapter 21 of this Title.

10.9.040 Paying for parking.

A. Upon parking in a metered parking space, the occupants of the vehicle shall immediately

ay for parking using coins of the United States or any other means provided for payment

by the City including a mobile electronic device application.

B. The available means of payment shall be indicated on the meter and/or signs posted on

the adjoining sidewalk. The occupants may display a free parking pass issued by the City.

Failure to pay for parking or to display a pass is a violation of this Title subject to the

penalties and fees authorized by Chapter 21 of this Title.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 16

C. A valid free parking pass bears the signature of the Parking Administrator, the City

Manager, or the City's authorized agent, and an expiration date. Attempted use of a pass

that does not bear an authorized signature and an expiration date is a violation of this Title,

subject to the penalties and fees authorized by Chapter 21 of this Title.

D. Vehicle occupants may use unexpired time on a parking meter, but the unexpired time

counts toward the applicable time limit.

10.9.050 Stopping or parking on public streets and alleys.

Except when temporarily necessary to avoid conflict with other traffic, when so directed by a GFFR or GFPD

fficer or representative, City parking official, or where a parking space is clearly delineated by pavement

markings, it is a violation of this Title, punishable by Chapter 21 of this Title, to park a vehicle in any of the

following places:

A. In front of, across, or within five (5) feet of a public or private driveway, an alley, or as

otherwise indicated by pavement markings and/or official signs, which may prohibit parking

in a larger area adjacent to the driveway or alley;

B. Within a signed and/or marked fire hydrant zone, or if the fire hydrant zone is not signed

and/or marked, within ten (10) feet of a fire hydrant;

C. Within thirty (30) feet in front of any crosswalk (marked or unmarked) at an intersection;

D. Within twenty (20) feet beyond any crosswalk (marked or unmarked) at an intersection;

E. Within thirty (30) feet in front of or twenty (20) feet beyond any mid-block crosswalk;

F. Upon the paved or main traveled part of a street or alley when it is practical to stop or park

in a delineated parking space, on the shoulder, or otherwise safely out of the flow of traffic;

G. In a traffic lane for the purpose of discharging or receiving passengers, in which case both

the driver of the vehicle and the passenger may be cited for a violation;

H. In a marked or signed fire lane;

I. In violation of parking City parking facility rules or lease agreement; or

J. Any other place where official signs, pavement, or curb markings prohibit parking.

10.9.060 Parking in alleys.

A. It is unlawful to stop, stand, or park any vehicle or trailer in any alley unless parallel to and

ithin eighteen (18) inches of the alley line and leaving at least ten (10) feet of roadway for

movement of through traffic.

B. It is unlawful to stop, stand, or park any vehicle or trailer in any alley so as to block entry to

any private driveway, entrance to a building, or at any location which will prevent or hinder

garbage collection.

C. It is unlawful to stop, stand, or park any vehicle or trailer in any alley at any time in the area

which may be designated Central Business District; except commercial vehicles which are

attended or in the process of loading or unloading. Such alleys shall be properly signed

and marked by the Public Works Department.

D. It is unlawful to stop, stand, or park any vehicle or trailer in any one-way alley, except upon

the right-hand side of the alley and heading in the proper direction of designated traffic

flow.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 17

10.9.070 Parking for certain purposes prohibited.

It is unlawful for any person to do any of the following while a vehicle is parked upon any traffic way of the

ity:

A. Display more than one (1) vehicle for sale or advertising of such vehicle on the vehicle

itself; or

B. Grease, paint, or repair any vehicle for non-emergency purposes.

10.9.080 Parking of commercial vehicles.

It is unlawful for any motor vehicle used for commercial purposes to park on any traffic way for any

ontinuous period in excess of twenty-four (24) hours, unless otherwise provided in this Title.

10.9.090 Compliance with signs required.

When official signs controlling parking are erected upon such traffic ways as authorized by this Title, no

person shall stop, stand, or park a vehicle upon any traffic way in violation of any sign.

10.9.100 Curb or pavement markings.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

uthorized to approve curb or pavement markings. No markings shall be applied without prior approval from

the Public Works Department.

10.9.110 Parking controlled adjacent to schools.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control parking upon either side of any traffic way adjacent to

any school property when stopping, standing, or parking would, in the Department's opinion, interfere with

traffic or create a hazard to health or safety.

10.9.120 Parking controlled on narrow traffic ways.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

uthorized to install and maintain signs that control parking upon any traffic way when the width of the traffic

way does not permit safe passage of traffic flow under existing conditions.

10.9.130 Parking controlled during certain hours of the day and/or days of the week.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

uthorized to install and maintain signs that control parking during certain hours of the day and/or days of

the week upon any traffic way whenever it is deemed necessary.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 18

10.9.140 Stopping, standing, or parking controlled

in hazardous or congested places.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control the stopping, standing, or parking of vehicles that would

create a hazard to health or safety or that would cause unusual delay to traffic along certain traffic ways.

10.9.150 Stopping, standing, or parking controlled along arterial and collector traffic

ways.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control parking upon either side of any arterial or collector traffic

way that may be hereafter designated as such by proper authority.

10.9.160 On-street loading and parking zones.

A. On-street loading and parking zones may be established following the procedure adopted

n the Chapter.

B. The Public Works Department, with appropriate Montana Department of Transportation

approval, is authorized to install and maintain parking control signs and/or curb or

pavement markings on public streets for on-street loading and parking zones serving

properties within the incorporated City limits, including freight or passenger loading zones,

handicap parking zones, and bus parking zones serving schools.

10.9.170 Parking management districts.

A. The City may establish parking management districts in which time limits, parking meters,

r both, are used to encourage turnover in the use of parking spaces and/or to ensure that

adequate parking is available to businesses and residents. Delivery permits, meter bags,

and monthly meter passes may be used to facilitate the administration of these districts.

B. The Public Works Department is authorized to install and maintain parking control signs

and/or curb or pavement markings designating parking management districts.

10.9.180 Review of applications for loading and parking zones on public streets.

A. The Administrator shall provide forms upon which applications for the establishment of

oading or parking zones, including handicap parking zones, may be filed. Upon receipt of

an application accompanied by the application fee established pursuant to Commission

resolution, the Administrator shall refer the application to the Public Works and Planning

and Community Development Departments for review and comment and then, based on

those comments:

1. Approve;

2. Conditionally approve; or

3. Deny the application, with any conditions imposed or reasons for denial stated in

writing.

B. In addition to the application fee, applicants will be responsible for the actual costs the City

incurs in making and erecting signs or installing curb or pavement markings to delineate

the loading or parking zone.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 19

C. The extent and location of loading and parking zones may be limited by the Administrator

to ensure traffic and pedestrian circulation and safety. The Administrator is not required to

approve an application for a loading or parking zone that interferes with safe circulation.

D. Loading and parking zones will not be permitted on a public street where the Administrator

determines that there is adequate space for loading and parking on the applicant's

property.

E. The Administrator's decision may be appealed to the Board of Adjustment following the

procedures established in OCCGF Title 17.

10.9.190 Application fees for the establishment of loading and parking zones.

Application fees for the establishment of loading and parking zones shall be set by Commission resolution

ith the objective of recovering administrative costs.

10.9.200 Use of loading and parking zones on public streets.

A. It is unlawful for any vehicle to stop or park in any loading or parking zone established

pursuant to this Chapter for any purpose except that for which the zone was established.

B. It is unlawful for vehicles or materials to be parked or stored in a loading zone except where

the Administrator permits the temporary use of a loading zone for the parking of equipment

or storage of materials during construction.

C. The Administrator may, after seeking the advice of the Parking Advisory Commission,

remove any loading or parking zone that:

1. Is subject to repeated violations by the applicant requesting its establishment;

2. Is creating a traffic hazard or congestion;

3. Is no longer in use; or

4. Is otherwise failing to function for its intended purpose.

10.9.210 Passenger loading zones serving schools.

Section 10.9.200 shall be enforced in passenger loading zones serving schools only between 7:00 a.m.

nd 5:00 p.m. on school days or when weekend, summer, or evening sessions served by busses are held.

10.9.220 Delivery permits.

A. Delivery permits allow parking in freight loading zones or in any lawful parking space in a

parking management district without additional payment only while a vehicle is making

deliveries.

B. All vehicles that regularly make deliveries within a parking management district shall

display a delivery permit issued by the City in a way that is clearly visible to parking

enforcement personnel. The Administrator may issue more specific instructions for the

display of these permits.

C. Delivery permits must be renewed on or before January 1 each year. The cost of a delivery

permit will be set by Commission resolution.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 20

D. Use of a delivery permit to attempt to avoid paying for parking when not making a delivery

is a violation of this Title.

10.9.230 Meter bags.

A. Meter bags may be issued to temporarily reserve metered parking spaces for maintenance

r construction activities, while moving, or for other activities being conducted by or for the

adjoining property owner that require reserved parking at a particular location within a

parking management district.

B. The daily cost of meter bags will be set by Commission resolution.

C. Using a meter bag to attempt to avoid paying for parking when not engaged in the activities

for which the meter bag was issued is a violation of this Title.

10.9.240 Residential parking in parking management districts.

A. Residential parking areas are shown on the Official Parking Management District Map of

e City of Great Falls that is filed with the Planning and Community Development

Department. After seeking the advice of the Parking Advisory Commission, the City

Commission may, by resolution, dissolve, amend, or add residential parking areas in any

parking management district.

B. It is unlawful to stop or park a vehicle for longer than the time limit established by the signs

posted in a residential parking area.

C. Residents of the district may, upon submitting proof of their residence in a residential

parking area, obtain a residential parking permit that exempts them from the posted time

limit. Fees for such permits shall be set by Commission resolution.

D Residential parking permits are specific to the vehicle plate number shown on the

application for the permit and must be used within one block of the place of residence given

on that application. Residential parking permits may not be used at metered parking

spaces. Penalties for violations of this section are as set by Commission resolution.

10.9.250 Administration of parking management districts.

A. Parking management districts are shown on the Official Parking Management District Map

f the City of Great Falls that is filed with the Planning and Community Development

Department. After seeking the advice of the Parking Advisory Commission, the City

Commission may, by resolution, dissolve, amend, or add parking management districts.

B. Parking meters may be installed within parking management districts. Meters need not,

however, be used throughout these districts. The Administrator, in consultation with the

Parking Advisory Commission, may remove parking meters that are not needed to maintain

parking turnover or where the cost of servicing a meter exceeds the revenue it generates.

The Administrator, in consultation with the Parking Advisory Commission, may add meters

in an established management district. Where meters are not used within the metered

parking districts, time limits may be posted and enforced using signs.

C. The Administrator may also issue monthly parking passes that can be used at meters in

areas where meters are underutilized. The fee for monthly parking passes shall be set by

Commission resolution.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 21

10.9.260 Parking meter enforcement periods and time

limits.

A. The rates and time limits for parking in parking management districts shall be set by

Commission resolution.

B. Any type of meter may be used within a parking management district at the discretion of

the Administrator, with recommendations from the Parking Advisory Commission.

C. Enforcement of the parking rates and time limits established by the Commission shall be

in effect from 9:00 a.m. to 5:00 p.m. on all days except Saturdays, Sundays, and City

holidays or as otherwise provided by Commission resolution. The Administrator may

temporarily suspend parking meter enforcement for downtown events, holidays, or

construction projects.

D. It is unlawful to park a vehicle in a parking management district for a period of time longer

than the limit that is adopted by the Commission and posted on the meter and/or signs

placed by the City. Spaces may be used without regard to the posted time limit on

Saturdays, Sundays, and City holidays, except where otherwise posted.

E. The time limits authorized herein are enforced, among other ways, by chalking tires.

Consistent with the purpose of time limits, as stated in A., above, a vehicle that has not

been moved far enough to erase the chalk mark is still in violation of the time limits.

F. An exception to the posted time limits is hereby granted to individuals with disabilities as

provided in Mont. Code Ann. Title 49, Chapter 4, to use any metered space without regard

to the sign-posted time limit.

10.9.270 Courtesy parking.

Upon request by the adjoining property owner or tenant and approval of the Administrator, metered spaces

ay be designated as courtesy parking, allowing the removal of the meters and their replacement with a

sign stating that parking is being provided by the adjoining business. The number and location of spaces

that may be thus designated will be determined by the Administrator. The fee for designating spaces as

courtesy parking shall be set by Commission resolution and payable each year prior to January 1.

10.9.280 Unauthorized parking in off-street parking facilities prohibited.

A. It is unlawful for any person to stop or park a vehicle in any parking space in an off-street

arking facility that is owned or leased by the City unless the occupants of that vehicle

have paid the required fee.

B. Parking spaces controlled by parking meters in off-street parking facilities owned or leased

by the City shall be subject to the same rates, time limits, and periods of enforcement as

other parking meters, unless otherwise provided by Commission resolution.

10.9.290 Rates charged on City owned or operated off-street parking lots, garages, and

arking meters.

Rates for City owned or operated off-street parking lots, garages, and parking meters shall be set by

Commission resolution.

10.9.300 Parking in construction zones.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 22

The Public Works Department is authorized to relocate vehicles parked in active construction zones. Prior

to relocation the Department shall:

A. Place a no parking notice in the construction zone twenty-four (24) hours prior to

construction beginning;

B. Provide notice to the GFPD that a vehicle is located in the construction zone and must be

removed; and

C. GFPD shall attempt to locate the registered owner of the vehicle.

D. If the registered owner is not located, or the vehicle is not removed from the construction

zone within twenty-four (24) hours, the Public Works Department shall remove the vehicle

from the construction zone, and the costs of said removal shall be charged to the registered

owner.

Chapter 10 VEHICLE IMMOBILIZATION

Sections:

10.10.010 Authorization to use vehicle immobilizer.

10.10.020 Procedure for vehicle immobilization.

10.10.030 Removal of violation vehicle.

10.10.040 Release to the owner.

10.10.050 Hearing on immobilization.

0.10.010 Authorization to use vehicle immobilizer.

A. Members of the GFPD, or other Parking Administrator authorized persons, are authorized

to use a vehicle immobilizer ("boot") to immobilize any vehicle that is parked in a City

parking space located in the downtown residential district, the parking meter district, or any

City owned off-street pay-to-park facility that has five (5) or more parking tickets unpaid or

delinquent thirty (30) days or more.

B. Prior to any vehicle immobilization, the Planning and Community Development

Department's Parking Division is required to either:

1. Mail the registered owner of the vehicle a final notice for five (5) or more of the

unpaid or delinquent parking tickets; or

2. File a complaint in Great Falls Municipal Court charging the registered owner with

unpaid parking tickets on the vehicle, and no individual has appeared for

arraignment on the complaint.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 23

10.10.020 Procedure for vehicle immobilization.

A. If parking officials, as defined this Chapter, choose to immobilize a vehicle with a boot as

llowed by Chapter, then the on-site officers immobilizing the vehicle shall ensure that a

written notice is conspicuously affixed to the vehicle.

B. The written notice will inform the owner, driver, or person in charge of such vehicle that:

1. The vehicle has been immobilized by the City pursuant to this Chapter;

2. That release from such immobilization may be obtained at a designated place;

3. That unless arrangements are made for the release of such vehicle within forty-

eight (48) hours, the vehicle will be towed and impounded pursuant to this Chapter;

and

4. That removing or attempting to remove the immobilization device before a release

is obtained is unlawful.

C. An immobilized vehicle shall not be released by the City until the immobilization fee is paid,

together with payment of all outstanding parking fines, or posting of a bond as allowed by

this Chapter.

D. If the vehicle has remained immobilized for a period of forty-eight (48) hours and a release

has not been obtained, then the GFPD shall have the vehicle towed and impounded.

10.10.030 Removal of violation vehicle.

A. The City is authorized to remove a vehicle or tow a vehicle from parking spaces located in

e areas listed in section 10.10.010 to the designated tow site when a vehicle with an

immobilization device attached remains immobilized for a period of forty-eight (48) hours,

and a release has not been obtained.

B. Whenever an officer removes a vehicle from a street or City parking space as authorized

in this section, and the officer knows or is able to ascertain from the registration records on

the vehicle the name and address of the vehicle owner, the officer shall give notice in

writing to the owner of the removal, the violations, and the place where the vehicle has

been removed to.

C. If a vehicle is stored at a designated tow site, a copy of the notice shall be given to the

proprietor of the tow site. The party towing the vehicle shall immediately notify the GFPD

dispatcher that a vehicle has been towed from a specific location and give the dispatcher

a detailed description of the vehicle and the location to which it is being towed.

D. Whenever an officer removes a vehicle from a street under this section and does not know

and is not able to ascertain the name of the owner, or for any other reason is unable to

give the notice to the owner, and if the vehicle is not returned to the owner within a period

of three (3) days, then the officer shall send a report of the removal to the Montana

Department of Transportation Motor Vehicle Division, and shall file a copy of the notice

with the proprietor of the designated tow site. The notice shall include a complete

description of the vehicle, the date, time, and place from which removed, the violations,

and name of the tow site.

E. The cost of towing or removing the vehicle and costs of storing the vehicle shall be

chargeable against the vehicle and shall be paid by the owner of the vehicle before it is

released.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 24

F. The taking of possession of a vehicle for violation of any parking ordinance or regulation

shall not prohibit the filing of a complaint in Municipal Court for the violation(s).

10.10.040 Release to the owner.

A. A vehicle immobilized for unpaid parking tickets shall be released to the registered owner

r any other person legally entitled to claim possession of the vehicle, and the vehicle

immobilization equipment removed, upon payment of all overdue and unpaid parking

tickets and the immobilization fee. The fee may be paid in the form of a refundable bond

pending the outcome of any hearing requested pursuant to section 10.10.050(D).

B. A vehicle towed and impounded for unpaid parking citations, and in accordance with

section 10.10.030, can only be released pursuant to a written order from the Municipal

Court that all penalties, fines, or forfeitures owed by the registered owner have been

satisfied by full payment or the posting of a bond pending a hearing.

10.10.050 Hearing on immobilization.

A. After a vehicle has been immobilized pursuant to this Chapter, the registered owner, and

ny other person(s) who reasonably appear to have an interest in the vehicle, is entitled to

have speedy hearing with the Parking Administrator or a designee to determine if the

vehicle was immobilized in accordance with this Chapter.

B. If the Parking Administrator or designee finds that the immobilization was invalid or

unjustified, he or she will order the vehicle to be immediately released, and the owner or

any other person(s) who have an interest in the vehicle shall not be held liable for the

immobilization fee.

C. If the Parking Administrator finds that the immobilization was valid and justified, he or she

may order that the immobilization device remains on the vehicle until payment is received

for the immobilization fee and all overdue and unpaid parking tickets.

D. The decision of the Parking Administrator may be appealed to the City Manager’s Office

within fifteen (15) calendar days. The City Manager or designee shall affirm, modify, or

reverse the decision of the Parking Administrator by written finding. An adverse finding by

the City Manager may be appealed, in writing, within (15) calendar days to the City

Commission. The City Commission after hearing testimony on the matter, shall issue a

written finding affirming, modifying, or reversing the decision of the City Manager.

Chapter 11 COMMERCIAL VEHICLES

Sections:

10.11.010 Commercial vehicles—prohibited where.

10.11.020 Commercial vehicles—parking prohibited where—exception.

10.11.030 Restriction of vehicles—determined by City Commission—signs to be erected.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 25

10.11.010 Commercial vehicles—prohibited where.

A. It is unlawful for any person to drive or operate, or for the owner to cause or knowingly

ermit to be driven or operated any commercial vehicle, not involved in local service as

defined in subsection B. of this section, upon any City public way except upon the truck

routes designated as follows:

1. Tenth Avenue South from the west City limits to the east City limits;

2. The Northeast Bypass from the intersection at Fifty-seventh Street and Tenth

Avenue South, north and then westerly to the Ninth Street Bridge;

3. River Drive from its connection with Tenth Avenue South at or near the Warden

Bridge to the First Avenue North Bridge;

i. First Avenue North from Park Drive westerly through the First Avenue North

Bridge; and

ii. Central Avenue West from the west end of the First Avenue North Bridge to the

west City limits on the Vaughn Highway;

4. Third Street Northwest and Smelter Avenue from Central Avenue West to the

northeasterly City limits;

5. Second Street from the Tenth Avenue South approaches north to First Avenue

South;

6. First Avenue South from Second Street, west to Park Drive; and

i. Park Drive from First Avenue South to First Avenue North;

7. Sixth Street Southwest from Central Avenue West to Tenth Avenue South; and

8. River Drive from First Avenue North to the Ninth Street Bridge.

10.11.020 Commercial vehicles—parking prohibited where—exception.

It is unlawful for any person to park a commercial vehicle on any City public way, and outside of that area

hich may be designated as the Central Business District, except for an emergency or for loading and

unloading purposes.

10.11.030 Restriction of vehicles—determined by City Commission—signs to be

rected.

A. The City Commission may by ordinance, prohibit the operation of vehicles upon any such

streets, avenues, or highways, or impose restrictions as to the weight of vehicles to be

operated upon any street, whenever any street by reason of deterioration, rain, snow, or

other climate conditions will be seriously damaged or destroyed.

B. The Public Works Department, shall erect signs pursuant to the ordinance at each end of

that portion of any street affected thereby, and the ordinance shall not be effective unless

and until signs are erected and maintained.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 26

Chapter 12 ABANDONED AND JUNKED VEHICLES, MACHINERY,

RAILERS, AND PARTS

Sections:

10.12.010 Purpose.

10.12.020 Exemptions.

10.12.030 Junk vehicle deemed nuisance.

10.12.040 Administration and enforcement.

10.12.050 Notices of intention to abate and remove; mailing; form of notices.

10.12.060 Appeal.

10.12.070 Abatement and removal.

10.12.080 Illegal off-street parking.

10.12.090 Continuing notice.

10.12.100 Penalty.

0.12.010 Purpose.

The City Commission hereby makes, finds, and declares that the accumulation and storage of abandoned,

recked, dismantled, or inoperative vehicles, machinery, trailers, or parts thereof, on public property is

hereby found to:

A. Create a condition tending to reduce the value of private property;

B. Promote blight and deterioration;

C. Invite criminal activity;

D. Create fire hazards;

E. Constitute an attractive nuisance creating a hazard to the health and safety of minors; and

F. Create a harbor for rodents and insects, and to be injurious to the health, safety, and

general welfare.

G. Therefore, the presence of an abandoned, wrecked, or dismantled or inoperative vehicle,

or part thereof, on public property except as expressly hereinafter permitted, is hereby

declared to constitute a Nuisance, which may be abated in accordance with the provisions

of OCCGF Title 8, Chapter 49.

10.12.020 Exemptions.

This Chapter shall not apply to the following:

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 27

A. When such storage or parking is necessary to the operation of a lawfully conducted

business or commercial enterprise on land which such business or enterprise is authorized

by the City's zoning regulations; or

B. A vehicle which was recently involved in a collision, duly documented by a timely report

filed with the appropriate law enforcement agency or the Montana Department of

Transportation, or its equivalent in a sister state, shall not be deemed a junk vehicle unless

the owner or operator of said vehicle fails to repair or properly cover the same.

10.12.030 Junk vehicle deemed nuisance.

The keeping, maintaining, or allowing a junk vehicle to be on public property, except as provided by Section

0.12.020, shall constitute a Nuisance as defined by OCCGF Title 8, Chapter 49.

10.12.040 Administration and enforcement.

A. Except as otherwise provided, the provisions of this Chapter shall be administered and

enforced by the Planning and Community Development Director and/or the Police Chief,

or their respective designees, hereinafter collectively referred to as "enforcement officer."

B. The enforcement officer and any person designated by the enforcement officer to abate

the nuisance pursuant to the OCCGF or court order, are hereby authorized access to any

property upon which a junk vehicle is located for the purpose of carrying out any and all

actions necessary to enforce this Chapter.

10.12.050 Notices of intention to abate and remove; mailing; form of notices.

A. A ten-day notice (exclusive of weekends or federally mandated holidays) of intention to

bate and remove the vehicle or parts thereof as a Nuisance shall be given to the owner

of the vehicle, if known. The notice shall be in a form promulgated by the issuing

enforcement officer, and shall provide the following information at a minimum:

1. A description of the vehicle or parts which constitute(s) a Nuisance under the

provisions of the OCCGF;

2. That the Nuisance must be abated within ten (10) days, (exclusive of weekends

and federally mandated holidays) the junk vehicle must be either:

i. Brought into a condition that it no longer is defined as a junk vehicle;

ii. Placed in a proper enclosure; or

iii. Removed from the property and properly disposed of or removed from the City;

and

3. Failure to properly abate said Nuisance as prescribed shall be sufficient cause for

the removal of the junk vehicle by the enforcement officer or his/her designee as

set forth by the OCCGF.

B. The notice required by this section shall be served in any one (1) of the following manners:

1. By regular mail, to the last registered-owner of said vehicle, if ascertainable, at the

address listed in the State's records concerning ownership of the vehicle, and

service shall be deemed to have been perfected the day after the notice is mailed;

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 28

2. If the last registered owner's name is not ascertainable, by posting notice on or

near the junk vehicle, and service shall be deemed to have been perfected the day

the notice is posted on or near the junk vehicle.

10.12.060 Appeal.

Any interested party may appeal the decision of the enforcement officer by filing a written notice of appeal

ith the City Manager ten (10) calendar days after service of notice as required by this Chapter. The City

Manager or designee shall within fifteen (15) calendar days make a written finding affirming, reversing or

modifying the enforcement officer’s decision.

10.12.070 Abatement and removal.

A. The responsible party, after service of notice is perfected, shall abate the Nuisance within

n (10) calendar days. Abatement shall consist of:

1. Providing for the current registration of the vehicle including the affixing the

registration plate or current sticker to the vehicle;

2. Repairing any and all conditions which cause the vehicle to be a Nuisance under

the provisions of the OCCGF; and

3. Having all of the required equipment and parts for the vehicle which was described

in the notice; or

4. Removing the vehicle or causing the vehicle to a legally authorized location.

B. If the responsible parties fail to abate the Nuisance as prescribed, or after such abatement

has been affirmed by the City Manager, the City, through the enforcement officer may

abate such Nuisance by causing the junk vehicle(s) to be removed, impounded and sold,

or disposed of as provided for abandoned vehicles under the laws of the State of Montana.

All costs of abatement and the administrative fee provided by this Chapter shall be charged

to the responsible parties, jointly and severally.

10.12.080 Illegal off-street parking.

A. No person shall park a vehicle upon privately owned real property or area developed as an

ff-street parking facility without the consent of the owner, lessee, or person in charge of

said property or facility.

B. No person shall park a vehicle upon publicly owned real property in violation of any legally

authorized signage.

C. Any vehicle parked in violation of this section shall be deemed an abandoned vehicle.

10.12.090 Continuing notice.

A notice issued pursuant to this Chapter shall be deemed a continuing notice regarding the vehicle(s)

escribed in the notice for a period of one (1) year from the date of service and is valid for all locations

within the incorporated City limits. No further notice by an enforcement officer or ten-day period to abate is

necessary to abate a Nuisance created by said vehicle(s) within the one-year period.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 29

10.12.100 Penalty.

Parking any vehicle in violation of this Chapter is a misdemeanor punishable by a fine not to exceed five-

undred dollars ($500.00), a term not to exceed six months in jail, or both.

Chapter 13 ABANDONED, WRECKED, JUNKED OR DISMANTLED

VEHICLES ON PRIVATE PROPERTY

Sections:

10.13.010 A condition prohibited.

10.13.020 Repair.

0.13.010 A condition prohibited.

An abandoned or junked vehicle on a private, non-permitted, premises is hereby declared a condition

rohibited pursuant to OCCGF Title 8, Chapter 51.

10.13.020 Repair.

Vehicles may be repaired by non-commercial property owners or occupants in public view. Said repairs

must be pursued to completion. Dismantled vehicles must be covered when not being repaired. Vehicles

not fully repaired within twenty (20) calendar days are presumed to be abandoned.

Chapter 14 SNOWMOBILES

Sections:

10.14.010 Definitions.

10.14.020 Prohibited where.

10.14.030 Penalty.

10.14.010 Definitions.

Pursuant to this Chapter, unless otherwise specified, the following definitions apply.

. "Operator" means every person who operates or is in actual physical control of the

operation of the snowmobile.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 30

B. "Snowmobile" means any self-propelled vehicle designed primarily for travel on the snow

or ice, which may be steered by wheels, skis or runners, and which is not otherwise

registered or licensed under Montana State law.

10.14.020 Prohibited where.

It is unlawful for any person or operator to drive any snowmobile upon any public rights-of-way within the

ncorporated City limits, or upon any public parks or public grounds within the City.

10.14.030 Penalty.

A violation of this Chapter is a misdemeanor punishable by a fine not to exceed five-hundred dollars

(

$500.00), a term not to exceed six months in jail, or both.

Chapter 15 MOTORCYCLES

Sections:

10.15.010 Driving on sidewalks and in public parks or grounds prohibited.

10.15.020 Penalty.

10.15.010 Driving on sidewalks and in public parks or grounds prohibited.

It is unlawful for any person or operator to drive any motorcycle or other power driven two-wheel vehicle

pon sidewalks within the City or upon that portion of any public park or public grounds where no roadway

is provided.

10.15.020 Penalty.

A violation of this Chapter is a misdemeanor punishable by a fine not to exceed five-hundred dollars

(

$500.00), a term not to exceed six months in jail, or both.

Chapter 16 HANDICAP ZONE

Sections:

10.16.010 Handicap zone.

0.16.010 Handicap zone.

A. No person shall park a motor vehicle in a parking space designated and reserved for the

physically handicapped, unless:

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 31

1. Such person is physically handicapped in a manner rendering it difficult and

burdensome for such person to walk, or such person was operating the vehicle

under the direction of a physically handicapped person; and

2. The vehicle visibly bears or contains the certificate or insignia issued to physically

handicapped persons by the City or visibly bears or contains a special

handicapped license plate or permit issued to physically handicapped persons by

any State or City.

B. Notice of such designation of handicapped parking spaces shall be given by posting

appropriate signs.

C. In any prosecution charging a violation of the above provisions, the owner or person or

corporation in whose name said vehicle is registered shall be held absolutely responsible

for said violation and subject to the penalty therefore.

D. A violation of this section is punishable by a fine set by Commission resolution.

Chapter 17 TRAILERS

Sections:

10.17.010 Occupancy regulations.

10.17.020 Penalty.

0.17.010 Occupancy regulations.

No trailer as defined by this Title, shall be occupied either permanently or temporarily as a dwelling place,

or living abode while parked on any street, avenue, alley or highway, or other public place unless otherwise

authorized by OCCGF Title 17 or other applicable Federal or State law.

10.17.020 Penalty.

A violation of this Chapter is a misdemeanor punishable by a fine not to exceed five-hundred dollars

(

$500.00), a term not to exceed six months in jail, or both.

Chapter 18 TOLL LOCATIONS

Sections:

10.18.010 Tolls prohibited.

10.18.020 Penalty.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 32

10.18.010 Tolls prohibited.

It is unlawful for any person, firm, corporation or organization, charitable or otherwise, to occupy, stand in,

nd/or use any portion of any public right-of-way for the purpose of establishing a toll location through which

vehicular traffic must pass in order to collect funds or make any other contact or solicitation from the driver

or occupant of any vehicle using the public street, highway or bridge within the City without prior written

authorization from the City Manager.

10.18.020 Penalty.

A violation of this Chapter is a misdemeanor punishable by a fine not to exceed five-hundred dollars

($500.00), a term not to exceed six months in jail, or both.

Chapter 19 LIABILITY FOR STREET DAMAGE

Sections:

10.19.010 Applicability.

10.19.020 Owner and driver of vehicle jointly liable.

10.19.030 Civil action.

0.19.010 Applicability.

Any person driving any vehicle, object, or device upon any street or street structure shall be liable for all

damage which the street or structure may sustain as a result of any illegal operation, driving, or moving of

the vehicle, object, or device, or as a result of operating, driving or moving any vehicle, object, or device

weighing in excess of the maximum weight in this Title except as otherwise provided or permitted.

10.19.020 Owner and driver of vehicle jointly liable.

A. Whenever such driver is not the owner of such vehicle, object, or device, but is operating,

riving, or moving the same with the express or implied permission of the owner, then the

owner and driver shall be jointly and severally liable for any damage.

B. The Public Works Director may, in his or her discretion, authorize an individual liable for

damage pursuant to this Chapter to repair any damage caused to the same or better

condition before the damage was caused or to any other legally mandated condition.

10.19.030 Civil action.

Such damage may be recovered in a civil action brought by the City in a Court of competent jurisdiction.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 33

Chapter 20 EXCESS SIZE AND WEIGHT PERMITS

Sections:

10.20.010 Issuance conditions.

10.20.020 Penalty.

10.20.010 Issuance—conditions.

The City Engineer is authorized to issue, revoke, or deny permits for the operation of vehicles of excess

ize and weight pursuant to adopted written policy on file at the Great Falls Public Works Department. A

permit issued pursuant to this Chapter shall describe any applicable conditions for the operation of the

vehicle subject to the permit.

10.20.020 Penalty.

A. Any person who knowingly or willfully misrepresents the size or weight of any load in

obtaining a permit pursuant to this Chapter, does not follow the conditions of the permit, or

operates any vehicle requiring a permit pursuant to this Chapter without a permit, is guilty

of a misdemeanor punishable by a fine not to exceed five-hundred dollars ($500.00), six

months in jail, or both.

B. Every permit issued pursuant to this Chapter shall be carried in the vehicle or combination

of vehicles to which it refers and shall be open to inspection by law enforcement.

Chapter 21 PARKING VIOLATIONS

Sections:

10.21.010 Illegally parked vehicle notice.

10.21.020 Illegally parked vehicle notice of failure to comply.

10.21.030 Illegally parked vehicle presumption.

10.21.040 Illegally parked vehicle warrant issued when.

10.21.050 Disposition of fines and parking meter revenue.

10.21.060 Fines and forfeitures official misuse.

10.21.070 Penalties and administrative fees.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 34

10.21.010 Illegally parked vehicle notice.

Whenever any motor vehicle without a driver is found parked or stopped in violation of any State or local

estrictions, the Parking Official finding such vehicle shall take its registration number and may take any

other information displayed on the vehicle which may identify its owner and post written notice of the

violation on the vehicle indicating any applicable penalties and the place where any applicable fines may

be paid or contested.

10.21.020 Illegally parked vehicle notice of failure to comply.

If an alleged violator of the restrictions on stopping, standing, or parking under legally authorized restriction

does not appear in response to a notice affixed to such motor vehicle within the time set forth in the notice,

the City shall implement the following process:

A. The penalty for a violation of this section occurring in a parking management district must

be paid within thirty (30) calendar days of the date of the citation. If payment is not received

within that time, an administrative fee will be added to the violation. The penalties and fees

will be set by Commission resolution.

B. After thirty (30) days without payment, a statement of the amount due for the violation and

the administrative fee will be sent to the address associated with the license plate in the

records of vehicle registrations maintained by the appropriate licensing agency or authority.

C. After sixty (60) days without payment, a second statement of the amount due for the

violation and the administrative fee will be sent to the address associated with the license

plate in the records of vehicle registrations maintained by the appropriate licensing agency

or authority.

D. After ninety (90) days without payment, a third statement that is clearly marked as a pre-

collection notice of the amount due for the violation and the administrative fee will be sent

to the address associated with the license plate in the records of vehicle registrations

maintained by the appropriate licensing agency or authority.

E. After one hundred twenty (120) days without payment, the amount due for the violation and

the administrative fee will be referred to a collection agency. If the payment through

collection efforts is not received within ten (10) months of the date of the citation, the City

may request an arrest warrant and proceed with an action through the Municipal Court as

provided by this Chapter.

F. Proceedings through the Municipal Court for enforcement of this Title must be filed within

one (1) year of the date of the citation.

10.21.030 Illegally parked vehicle presumption.

If any vehicle is found stopped or parked in any manner violative of legally authorized restrictions, the

wner, person, or corporation in whose name said vehicle is registered shall be held absolutely responsible

for said violation and subject to applicable penalties.

10.21.040 Illegally parked vehicle warrant issued when.

In the event any person fails to comply with a notice served on the person or attached to a vehicle or fails

make appearance pursuant to a summons directing an appearance in the Municipal Court, or if any

person fails or refuses to deposit bail as required and within the time permitted by law, Municipal Court

may, at its discretion, issue a warrant of arrest.

Exhibit “A”

Title 10 VEHICLES AND TRAFFIC

Great Falls, Montana, Code of Ordinances Page 35

10.21.050 Disposition of fines and parking meter re

venue.

A. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person

charged with a violation of any of the provisions of this Title shall be paid to the Planning

and Community Development Department and deposited in the parking fund, to be

expended to defray the expense of:

1. Proper regulation of traffic;

2. Parking upon City public streets;

3. Provide for the cost of supervision, regulation, and control of parking vehicles; and

4. To cover the cost of purchase, supervision, operation, maintenance, control and

use of parking meters.

B. All revenue obtained from and through the use of parking meters shall be appropriated by

the City to pay for the operation and maintenance of on street and off-street parking

facilities.

10.21.060 Fines and forfeitures official misuse.

Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody

f any such fine or forfeiture, either before or after a deposit in the fund, to comply with the foregoing

provisions of this Chapter, shall constitute misconduct in office and shall be grounds for removal therefrom.

10.21.070 Penalties and administrative fees.

Penalties and administrative fees for violations of this Title shall be set by Commission resolution.

(Ord. 3188, 2018; Ord. 3146, 2016; Ord. 3122, 2014; Ord. 3090, 2012; Ord. 3057, 2010; Ord. 3042, 2009;

rd. 2951, 2006; Ord. 2867, 2004; Ord. 2819, 2002; Ord. 2815, 2002; Ord. 2802, 2001; Ord. 2790, 2000;

Ord. 2757, 1999; Ord. 2708, 1996; Ord. 2707, 1996; Ord. 2676, 1995; Ord. 2646, 1994; Ord. 2640, 1994;

Ord. 2633, 1992; Ord. 2521, 1989; Ord. 2520, 1989; Ord. 2469, 1987; Ord. 2457, 1987; Ord. 2456, 1987;

Ord. 2446, 1987; Ord. 2443, 1986; Ord. 2442, 1986; Ord. 2383, 1985; Ord. 2353, 1984; Ord. 2321, 1983;

Ord. 2305, 1982; Ord. 2283, 1981; Ord. 2245, 1981; Ord. 2219 1980; Ord. 2189, 1980; Ord. 2188, 1980;

Ord. 2186, 1980; Ord. 2052, 1979; Ord. 2021, 1977; Ord. 1987, 1976; Ord. 1974, 1976; Ord. 1627, 1969;

Ord. 1471, 1964; Ord. 1454, 1963; Ord. 1217, 1956; Prior codes §§ 10-1-19; 10-2-1(M); 10-2-2(D), 10-2-

2(E); 10-2-3(C), 10-2-3(I); 10-2-5(A), 10-2-5(B); 10-2-7(A), 10-2-7(B), 10-2-7(C); 10-2-8(A), 10-2-8(B); 10-

2-9(F), 10-2-9(G), 10-2-9(L), 10-2-9(M), 10-2-9(Z); 10-2-10(2); 10-2-11; 10-2-12(A), 10-2-12(D), 10-2-

12(E); 10-2-13(A), 10-2-13(B), 10-2-13(C), 10-2-13(D); 10-2-14, 10-2-14(A), 10-2-14(B), 10-2-14(C), 10-2-

14(E), 10-2-14(F), 10-2-14(G)(1), 10-2-14(G)(2), 10-2-14(G)(3), 10-2-14(G)(4), 10-2-14(G)(5), 10-2-

14(G)(6); 10-2-16(F), 10-2-16(H), 10-2-16(I), 10-2-16(J); 10-2-20(A), 10-2-20(B); 10-2-26(A); 10-2-27(A),

10-2-27(B), 10-2-27(D); 10-2-28; 10-2-29(A), 10-2-29(B), 10-2-29(C); 10-2-30(A), 10-2-30(B); 10-2-33)

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 1

Title 10 VEHICLES AND TRAFFIC

Chapter

_____

Chapter 31 - DEFINITIONS

Chapter 92 - APPLICABILITY

Chapter 213 - TRAFFIC CONTROL DEVICES AND PARKING METERS

Chapter 274 - STOP INTERSECTIONS

Chapter 305 - ONE-WAY STREETS AND ALLEYS

Chapter 336 - FOUR-LANE STREETS AND ROADWAYS

Chapter 367 - SPEED RESTRICTIONS

Chapter 398 - MISCELLANEOUS DRIVING RULES

Chapter 489 - STOPPING, STANDING, AND PARKING

Chapter 5010 - VEHICLE IMMOBILIZATION

Chapter 5711 - COMMERCIAL VEHICLES

Chapter 6012 - ABANDONED AND JUNKED VEHICLES, MACHINERY, TRAILERS, AND PARTS

Chapter 6113 - ABANDONED, WRECKED, JUNKED, OR DISMANTLED VEHICLES ON PRIVATE PROPERTY

Chapter 6614 - SNOWMOBILES

Chapter 6915 - MOTORCYCLES

Chapter 7116 - HANDICAP ZONE

Chapter 72 - BICYCLES

Chapter 7317 - TRAILERS

Chapter 7518 - TOLL LOCATIONS

Chapter 7819 - LIABILITY FOR STREET DAMAGE

Chapter 8420 - EXCESS SIZE AND WEIGHT PERMITS

Chapter 21 – PARKING VIOLATIONS

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 2

Chapter 87 - VIOLATION PENALTY

Chapter 31 DEFINITIONS

Section:

10.3.010 Definitions.

10.1.010 Definitions.

10.31.010 Definitions.

Unless otherwise specified or a different meaning is plainly intendedin this Title, the following definitions

apply throughout this title:

"AdministratorA. "Abandoned vehicle" means any of the City employeefollowing:

1. A vehicle that has been left unattended on public property for more than

forty-eight (48) hours and is rendered inoperable;

2. A vehicle that has remained illegally parked on public property for more than

forty-eight (48) hours;

3. A vehicle that has been unlawfully parked on private real property or

contractor tasked byhas been placed on private property without the City

Manager withconsent of the managementreal property owner or person in

control of the City's parking facilities.property for more than forty-eight (48)

hours;

(Ord. No. 3122, § 1, 12-2-2014)

4. A vehicle that has been legally impounded by order of a law enforcement

authority and has not been reclaimed for a period of five (5) days; or

5. Any vehicle parked on a street determined by a law enforcement authority to

create a hazard to other vehicle traffic.

B. "Bicycle" means a non-motorized vehicle consisting of a metal frame on two (2) or more

wheels and having handlebars and a seat.

(Ord. No. 3122, § 1, 12-2-2014; Ord. 2646 (part), 1994)

C. "Central Business District" means the C-4 Central Business Core Zoning District.

(Ord. No. 3122, § 1, 12-2-2014; Prior code § 10-2-1(M)(part))

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 3

D. “Commercial motor vehicle” any vehicle meeting the definition provided by Mont.

Code Ann. § 61-1-101.

E. "Freight Loading Zone" means a portion of a public right-of-way that is designated for short-

term use by vehicles loading and unloading goods. Freight loading zones are established

following the procedures adopted in this chapterTitle. This term also includes delivery

zones in the metered parking district.

(Ord. No. 3122, § 1, 12-2-2014)

F. "Handicap Parking Zone" means a portion of a public right-of-way that is designated for

use only by vehicles that have a handicap parking permit or plate. Handicap parking zones

are established following the procedures adopted in this titleTitle.

(Ord. No. 3122, § 1, 12-2-2014)

G. "Junk vehicle" means any vehicle, machinery, trailer, or parts thereof, located on

public property or illegally parked on private property within the incorporated City

limits, which, as to a vehicle or trailer, does not properly display license plates or

stickers indicating current registration and/or which has any one (1) or more of the

following characteristics:

1. Lacks an engine, wheel, tire, properly installed battery or other structural

parts which renders the vehicle inoperable for use as designed by the

manufacturer;

2. Has a broken or missing fender, door, bumper, hood, steering wheel, trunk

top, trunk handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft,

differential, generator, or alternator;

3. Has become or has the potential to become the breeding ground or habitat

of rats, mice, snakes, mosquitoes or other vermin, rodents or insects, or is

otherwise used for the storage, harbor, caging or dwelling for an animal of

any kind;

4. Has heavy growth of weeds or other noxious vegetation over eight (8) inches

in height under or immediately next to it;

5. Has become a point of collection for stagnant water;

6. Has junk, garbage, refuse, gasoline or fuel other than in its fuel tank, paper,

cardboard, wood or other combustible materials, solid waste, or other

hazardous material present in it or which is primarily used for storage of any

materials;

7. Has become a source of danger for children through entrapment in areas of

confinement that cannot be opened from inside, through a danger of the

vehicle falling or turning over, or through possible injury from exposed

surfaces of metal, glass, or other rigid materials;

8. Has become a potential source of contamination of the soil from petroleum

products or other toxic liquids being discharged or leaking from the vehicle;

9. Has become illegal to operate on the public streets because it is missing one

(1) or more parts required by law; or

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 4

10. Because of its defective, deteriorated, or obsolete condition in any other way

constitutes a nuisance or a threat to the public's health or safety.

H. "Law enforcement authority" means a peace officer or any City, State, or Federal

department or agency member operating in his or her professional capacity within

the incorporated City limits.

I. "Local service" means limiting the authorized use of City streets or avenues to those

trucks which have either point of origin or destination for immediate business

purposes within the incorporated City limits.

J. "Machinery" is synonymous with and means the same as "machine" as defined by

the current edition of the Merriam-Webster Dictionary.

K. "Parking Administrator" means the City employee or contractor tasked by the City

Manager with the management of the City's parking facilities. Within this Title this

person may also be referred to as “The Administrator”.

L. "Parking Official" means peace officers and other persons designated by the City

Manager to enforce the provisions of this Title.

M. "Parking Meter" means any device installed for the regulation of the time allowed for

parking as provided by 10.48.270 of this titleTitle.

(Ord. No. 3122, § 1, 12-2-2014; Prior code § 10-2-1(M)(part))

N. "Parts" means any mechanical, structural, body, or decorative part of any vehicle,

machinery, or trailer.

O. "Passenger Loading Zone" means a portion of a public right-of-way that is designated for

short-term use by vehicles loading and unloading people. This specifically includes school

bus loading zones. Passenger loading zones are established following the procedures

adopted in this title. Title.

(Ord. No. 3122, § 1, 12-2-2014)

P. "Person" means any individual, partnership, association or corporation, or other

legal entity.

Q. "Trailer" means any vehicle without motor power designed for carrying persons or

property and for being drawn by a motor vehicle. The term includes devices

intended for recreational purposes carried in the bed of a pick-up truck.

R. "Vehicle" means any device by which any person or property may be propelled,

moved, or drawn upon a street. The term includes, but is not limited to:

1. An automobile;

2. Truck;

3. Van;

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 5

4. Sport utility vehicle;

5. Recreational vehicle;

6. Watercraft;

7. Boat;

8. Jet ski;

9. Snowmobiles;

10. ATV's;

11. Aircraft, or

12. Parts thereof.

Chapter 92 APPLICABILITY

Sections:

10.9.010 Pushcarts and animals.

10.9.020 Toy vehicles and devices—restrictions—exception.

10.2.010 Pushcarts and animals.

10.2.020 Toy vehicles and devices—restrictions—exception.

10.92.010 Pushcarts and animals.

EveryAny person propelling any pushcart or, riding an animal upon a roadway and every person, or driving

any animal-drawn vehicle shall be subject to the provisions of this titleTitle.

(Ord. 2646 § (part), 1994; Prior code §10-.2-2(D)).

10.9.020 Toy vehicles and devices—restrictions—exception.

A. It is unlawful for any person upon roller skates or riding in or by means of any coaster, toy

vehicle, or similar device to be upon any roadway except while crossing a street on a

crosswalk, and when so crossing such. Such person shall be granted all of the rights and

shall be subject to all the duties applicable to pedestrians.

(Ord. 2646 §(part), 1994; Prior code §10-2-2(E)).

B. A violation of this section is punishable by a fine of fifty dollars ($50.00).

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 6

Chapter 213 TRAFFIC CONTROL DEVICES AND PARKING METERS

Sections:

10.21.010 Installation—traffic control devices—parking meters.

10.21.020 Obedience required.

10.21.030 Interference with signals.

10.21.040 Crosswalks, traffic lanes and parking spaces—designation authority.

10.21.050 Standards and specifications.

10.21.060 No-passing zones—establishment authority.

10.21.070 Lane designation signs—erection.

10.3.010 Installation of traffic control devices and parking meters.

10.3.020 Obedience required.

10.3.030 Interference with signals.

10.3.040 Crosswalks, traffic lanes, and parking spaces.

10.3.050 Standards and specifications.

10.3.060 No-passing zones—establishment authority.

10.3.070 Lane designation signs—erection.

10.213.010 Installation— of traffic control devices— and parking meters.

A. The Public Works Department, with the approval of the City Commission and The

Montana Department of Transportation when applicable, shall place and maintain

traffic and parking control signs, signals, and devices when and as required under the traffic

laws of this City, and perOCCGF, pursuant to the recommendations of the Manual on

Traffic Control Devices, to make effective the provisions of the laws, and may place and

maintain such additional traffic-control devices as necessary to regulate traffic under the

traffic laws of this CityOCCGF or under State law, or to guide or warn traffic.

B. Parking Meters. In parking meter zones to be established as provided in Chapter

10.48pursuant to this Title, the Planning and Community Development Director, or

designee, shall cause parking meters to be installed upon the curb or sidewalk immediately

adjacent to the parking spaces. The Planning and Community Development Director shall

be responsible for the regulation, control, operation, maintenance and use of such parking

meters. Upon the expiration of the lawful time limit, the right of such vehicle to occupy such

space ceases and the operator, owner, possessor or manager thereof, shall be subject to

the penalties provided in Chapter 10.87, and use of such parking meters.

(Ord. No. 3057, § 1, 8-17-2010)C. Upon the expiration of the lawful time limit, the right

of the occupying vehicle to occupy such space ceases and the operator, owner,

possessor, or manager thereof, shall be subject to the penalties provided in this

Title.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 7

10.213.020 Obedience required.

The driver of any vehicle shall obey the instruction of any official traffic-control device applicable thereto

placed in accordance with the traffic laws of thisthe City, unless otherwise directed by a Police Officerlaw

enforcement officer, subject to the exceptions granted the driver of an authorized emergency vehicle.

(Ord. 2646 § (part), 1994; Prior code §10-2-.3(C)).

10.21.030 Interference with signals.

A. It is unlawful for any person without lawful authoritylegal authorization to attempt to or in

fact alter, deface, injure, knock down, or remove any official traffic-control device or any,

railroad sign or signal or any inscription, shield, or insignia thereon, or any other part

thereof, nor shall such .

B. It is unlawful for any person deposit or cause to be deposited indisable or destroy any

parking meter any slugs, device or metal substance or other substitute for lawful coins or

approved tokens. .

(Ord. 2646 §(part), 1994; Prior code §10-2-3(I)).

10.21C. A violation of this section is punishable by a term not to exceed six (6)

months in jail, a fine of not more than five hundred dollars ($500.00), or both.

10.3.040 Crosswalks, traffic lanes, and parking spaces—designation authority.

The Public Works Department is authorized, with the approval of the City Commission, to:

A. Install and maintain by appropriate devices, marks, or lines upon the surface of the

roadway, crosswalks at intersections where there is particular danger to pedestrians

crossing the roadway, and at such other places as deemed necessary; and

B. Mark lanes for traffic on street pavements at such places as he may deem advisable,

consistent with the traffic laws of this CityOCCGF.

10.213.050 Standards and specifications.

All traffic control signs, signals, and devices shall conform to the standards and guidelines set forth by the

manualManual on Uniform Traffic Control Devices.

(Ord. 2646 §(part), 1994)

10.213.060 No-passing zones—establishment authority.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to determine those portions of any roadway where overtaking and passing or driving to the left

of the roadway would be especially hazardous and may, by appropriate signs and markings on the roadway,

indicate the beginning and end of such zones and when such signs or markings are in place and clearly

visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereofprovide

appropriate signage.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 8

(Ord. 2646 §(part), 1994; Prior code §10-2-20(A)).

10.2110.3.070 Lane designation signs—erection.

Official signs may be erected directing traffic to use a designated lane or designating those lanes to be

used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of

vehicles shall obey the directions of every such sign.

(Ord. 2646 § (part), 1994; Prior code §0-2-20(B)).

Chapter 274 STOP INTERSECTIONS

Sections:

10.27.010 Designated.

10.27.020 Stop sign erection—authority.

10.4.010 Designated.

10.4.020 Stop sign erection—authority.

10.274.010 Designated.

The following streets and parts of streets so described are through and preferential streets at stop

intersections for the purpose of this chapterChapter:

A. Second Avenue North from Park Drive to east City limits;

B. Park Drive from Second Avenue South to Eighth Avenue North;

C. First Avenue North from Thirty-Seventh Street to west end of First Avenue North Bridge;

D. Central Avenue West from west end of First Avenue North Bridge to west City limits;

E. Sixth Street Southwest from Central Avenue West to south City limits;

F. Third Street Northwest and Smelter Avenue from Central Avenue West to northeast City

limits;

G. Tenth Avenue South from west City limits to east City limits;

H. Ninth Street from Tenth Avenue South to River Drive North;

I. Fourteenth and Fifteenth Streets couplet from Tenth Avenue South to River Drive North;

J. Central Avenue from Ninth Streets to Forth-sixth Street;

K. Second Street from Tenth Avenue South to First Avenue South;

L. River Drive all inside of City limits;

M. Twenty-fifth and Twenty-sixth Streets couplet from Tenth Avenue South to River Drive

North;

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 9

N. Twenty-sixth Street South from Tenth Avenue South to the south City limits;

O. Fifth and Sixth Street couplets from Central Avenue to Tenth Avenue South;

P. Second Avenue South from Second Street to Fifteenth Street;

Q. First Avenue South from Park Drive to Fifteenth Street.;

R. Thirteenth Avenue South from Fourth Street to Twentieth Street;

S. Thirty-second Street South from Central Avenue to Tenth Avenue South;

T. Thirteenth Street South from Tenth Avenue South to south City limits;

U. Fox Farm Road from Tenth Avenue South to south City limits; and

V. Upper River Road from River Road loop to south City limits.

(Prior code §10-2-8(A)).

10.27.4.020 Stop sign erection—authority.

Whenever any law of this Citythe OCCGF designates and describes a through or preferential street, it shall

be the duty of the Public Works Department to place and maintain a stop sign on each and every street

intersecting such through or preferential street or intersection that portion thereof described and designated

as such by any law of this Citythe OCCGF.

(Ord. 2646 § (part), 1994; Prior code §10-2-8(B)).

Chapter 305 ONE-WAY STREETS AND ALLEYS

Sections:

10.30.010 Sign placement and maintenance.

10.30.020 Direction designated.

10.5.010 Sign placement and maintenance.

10.5.020 Direction designated.

10.305.010 Sign placement and maintenance.

Whenever any laws of this City designate anythe OCCGF designates a one-way street or alley, the Public

Works Department shall place and maintain signs giving notice thereof, and no such regulation shall be

effective unless such signs are in place.. Signs indicating the direction of lawful traffic movement shall be

placed at every intersection where movement of traffic in the opposite direction is prohibited.

(Ord. 2646 § (part), 1994; Prior code §10-2-7(A)).

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 10

10.30.5.020 Direction designated.

A. Upon those streets and, parts of streets, and in those alleys described in subsection B of

this section, vehicular traffic shall move only in the indicated direction when signs indicating

the direction of traffic are erected and maintained at every intersection where movement.

Movement in the opposite direction is prohibited.

B. In accordance with Section 10.305.010 and when proper signs are posted, traffic shall

move only in the direction indicated upon the following streets or avenues.

(Ord. 2867, 2004)

Street, Avenue or Alley

Permitted direction

First Avenue North

Park Drive to Thirty-seventh Street

(Ord. 1217, 1956)

Eastbound

First Avenue South

Park Drive to Fifteenth Street

(Ord. 1217, 1956)

Westbound

Second Avenue South

Second Street to Fifteenth Street

(Ord. 1217, 1956)

Eastbound

Second Avenue North

Park Drive to Thirty-seventh Street

(Ord. 1217, 1956)

Westbound

Fifth Street

Eighth Avenue North to Tenth Avenue South

(Ord. 1471, 1964)

Southbound

Sixth Street

Eighth Avenue North to Tenth Avenue South

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 11

(Ord. 1471, 1964)

Northbound

Fourteenth Street

Twelfth Avenue North to Tenth Avenue South

(Ord. 1454,1963)

Southbound

Fifteenth Street

Twelfth Avenue North to Tenth Avenue South

(Ord. 1454, 1963)

Northbound

Twenty-fifth Street

Tenth Avenue South to Eighth Avenue North

(Ord. 1627, 1969)

Southbound

Twenty-fifth Alley Northeast

Sixth Street Northeast to Ninth Street Northeast

(Ord. 3042, 2009)

Westbound

Twenty-sixth Street

Tenth Avenue South to Eighth Avenue North

(Ord. 1627, 1969)

Northbound

Park Drive

First Avenue South to Second Street

Southbound

(Ord. 2867, 2004; Ord. 2646 §(part), 1994; Prior code §10-2-7(B)).

(Ord. No. 3042, § 1, 8-4-2009)

Chapter 336 FOUR-LANE STREETS AND ROADWAYS

Sections:

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 12

10.33.010 Designated—marking—regulations.

10.6.010 Designated marking regulations.

10.336.010 Designated— marking— regulations.

A. The following streets and avenues or portions thereof, located within the incorporated City

limits, are designated as four-lane streets and roadways:

1. Central Avenue:

From the east line of Ninth Street to the west line of Fifteenth Street;

2. Tenth Avenue South:

From the west City limits to the east City limits;

3. Central Avenue West:

From the west abutment of the First Avenue North Bridge to west line of

Interstate 15;

4. Fourteenth and Fifteenth Streets North:

From the south line of Twelfth Avenue North to the south abutment of the

Fifteenth Street North Bridge;

5. First Avenue North :

From west abutment of First Avenue North Bridge to west line of Park Drive;

6. Park Drive:

From south line of First Avenue North to north line of First Avenue South;

7. Sixth Street SW:

From Central Avenue West, south to City limit;

8. Northwest Bypass:

From Third Street Northwest, west to City limits;

9. Third Street Northwest/ and Smelter Avenue:

From Central Avenue West, northeast to City limits;

10. Ninth Street North:

From 8th Avenue North to south abutment of Tenth Street North Bridge;

11. Tenth Street North:

From north abutment of Tenth Street North Bridge, north to City limits;

12. Fox Farm Road:

From Tenth Avenue South to Alder Drive; and

13. River Drive:

From Tenth Street North to Fifteenth Street North.

B. The Public Works Department is directed to mark appropriately all such four-lane streets

or roadways and to keep the same properly marked and laneddesignated for four-lane

traffic.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 13

C. All vehicles proceeding on any four-lane street or roadway must be driven wholly within a

single lane and the driving of any vehicle so as to straddle two (2) lanes of traffic, except

in passing from one (1) lane to the other, is prohibited.

(Ord. 2646 § (part), 1994; Prior code §10-2-7(C)(2—4)).

Chapter 367 SPEED RESTRICTIONS

Sections:

10.36.010 Established—specific streets.

10.36.020 Established - alleys.

10.7.010 Established—specific streets.

10.7.020 Established - alleys.

10.367.010 Established—specific streets.

In accordance with SectionMont. Code Ann. § 61-8-306, MCA, and when signs are erected giving notice

thereof, no person shall drive a motor vehicle at a speed greater than or less than the speed as set forth in

the following schedule on the street or parts of streets as follows::

Street and Avenue

Minimum

Maximum

M.P.H.

Central Avenue

Ninth Street to Fifteenth Street

Central Avenue

Fifteenth Street to Thirty-eighth Street

First Avenue South

Ninth Street to Fifteenth Street

Second Avenue South

Ninth Street to Fifteenth Street

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 14

Second Street South

Tenth Avenue South to south line of First Avenue South

Park Drive

First Avenue North to Eighth Avenue North

Parkdale Housing

All streets within the following boundaries:

Bounded on the north by the north line of Fifth Avenue South; on the east by the west

line of Eighteenth Street and Chowen Park; on the south by the north line of Eighth

Avenue South and Chowen Park; and on the west by the east line of Fifteenth Street

(Ord. 2633, 1992)

Eighth Avenue North

Park Drive to Twenty-fifth Street

All trucks only

All other vehicles

(Ord. 2646 §(part), 1994; Ord. 2446 §2, 1987; Prior code §

10-2-5(B)).

10.36.7.020 Established - alleys.

The limit for all alleys within the incorporated City limits shall beis fifteen (15) miles per hour.

(Ord. 2802, 2001; Ord 2446, 1987; prior code §10 2 5(A)).

Chapter 398 MISCELLANEOUS DRIVING RULES

Sections:

10.39.055 Loud noises—prohibited.

10.39.060 Processions—parades—permits required when.

10.39.070 Driving on sidewalk prohibited—exception.

10.39.080 Boarding or alighting from moving vehicles prohibited.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 15

10.39.090 Passenger regulations.

10.39.100 Violation—misdemeanor—penalty.

10.39.110 Use of electronic communication devices while operating a motorized vehicle or a bicycle.

10.39.055 Loud noises—prohibited.

Refer to OCCGF 8.5610.8.010 Driving on sidewalk prohibited—exception.

10.8.020 Boarding or exiting from moving vehicles prohibited.

10.8.030(C). Passenger regulations.

(Ord. 10.8.040 Violation—misdemeanor—penalty.

10.8.050 Use of electronic communication devices while operating a motorized vehicle or a

bicycle.

2790, 2000; Ord. 2640 § (part), 1994).

10.39.060 Processions—parades—permits required when.

No funeral procession or parade containing two hundred (200) or more persons or fifty (50) or more vehicles

or any marching band and drum and bugle corps, except the forces of the United States Army or Navy, the

military forces of this State, or the forces of the Police and Fire Departments shall occupy, march or proceed

along any street unless application is made and approved by the City administration and a permit issued

by the Park & Recreation Department. Such application must meet the requirements of the City Parade

policy and such other regulations as are set forth in this chapter which may apply.

(Ord. 2245, 1981; Prior code §10-2-9(F)).

10.39.0708.010 Driving on sidewalk prohibited—exception.

A. The driver of a vehicle shall not drive upon any sidewalk area except at a permanent

driveway.

(Prior code §10-2-9(G)).

10.39.080B. This section does not apply to City authorized vehicles performing sidewalk

maintenance or snow removal.

10.8.020 Boarding or alightingexiting from moving vehicles prohibited.

It is unlawful for any person to board or alight fromexit any vehicle while suchthe vehicle is in motion.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 16

(Ord. 2646 § (part), 1994; Prior code §10-2-9(L)).

10.39.09010.8.030 Passenger regulations.

It is unlawful for any person to ride on any vehicle or portion thereof not designed or intended for the use

of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty

or to persons riding within truck bodies in the space intended for merchandise.

(Ord. 2646 § (part), 1994; Prior code §10-2-9(M)).

10.39.100.8.040 Violation—misdemeanor—penalty.

Every person convicted of a misdemeanor for theA violation of any provisions of this chapter shall be

punishedChapter is a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00)

or by imprisonment for), a term not more thanto exceed six (6) months in jail, or by both such fine and

imprisonment.

(Ord. 2646 § (part), 1994; Prior code §10-2-9(Z)).

10.39.11010.8.050 Use of electronic communication devices while operating a

motorized vehicle or a bicycle.

1. Electronic communication device usage while driving prohibited.

(a) A. No person operating a motorized vehicle or a bicycle on a public highway within the

cityincorporated City limits of Great Falls shall use a mobile telephone to engage a call

and/or use any other hand -held electronic communication device to compose, send, view

or retrieve email, a text message, or other electronic data.

(b) "B. "Hand held electronic communication device" includes wireless or cellular phones,

laptop and notebook computers, GPS and navigational systems, pagers, electronic games,

and any other device that would permit wireless communications to and from the user of

the device.

(1) C. This provision shallsection does not apply to anythe following:

1. Any person reporting a health, fire, safety, or police emergency.;

(2) This provision shall not apply to governmental2. Governmental fire agencies,

ambulance services, law enforcement agencies, emergency responders, or any

other person operating an "authorized emergency vehicle" as defined in

MontanaMont. Code Annotated Sec.Ann. § 61-8-102(2)(a).);

(3) This provision shall not apply to operators3. Operators or passengers of a

motorized vehicle using a hand held electronic communication device while in a

parking lane or space out of moving traffic lanes.;

(4) This provision shall not apply to persons. Persons using a "hands free device." A

"hands free device" is", defined as, an external device that connects to a wireless

telephone, wireless or electronic communication device that allows use of the

hands -free device.; and

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 17

(5) This provision shall not apply to drivers5. Drivers using two-way radios while in the

performance and scope of their work-related duties, or to drivers holding a valid

amateur radio operator license issued by the Federal Communications

Commission while using a two-way radio.

2. Penalty: D. The penalty(ies)penalties for a person who is found to have committed a

violation of Section 10.39.110 shall bethis section are as follows:

(a) 1. A first conviction for a violation of Section 10.39.110this section, shall be

punishable by a fine not less than two hundred dollars ($200.00) and not more

than five hundred dollars ($500.00).);

(b) 2. A second conviction, within 24 months after the first conviction, for a violation of

Section 10.39.110this section, shall be punishable by a fine not less than three

hundred dollars ($300.00) and not more than five hundred dollars ($500.00). The

Defendant shall further participate in twenty (20) hours of Court approved

community service to be completed within ninety (90) days of the date of the

second conviction. The Defendant shall provide completion of community service

to the Great Falls Municipal Court.; and

violation of Section 10.39.110this section, shall be punishable by a fine not less

than four hundred dollars ($400.00) and more than five hundred dollars ($500.00).

The Defendant shall further participate in forty (40) hours of community service to

be completed within ninety (90) days of the date of conviction. Additional penalties

may include forfeiture of license plates of the vehicle, driven at the time of the

offense, or forfeiture of the Defendant's driver's license for a period not to exceed

180 days, or both.

(Ord. 3146, 2016; Ord. 3090, § 1(Exh. A), 7-3-2012, eff. 8-2-2012)

Chapter 489 STOPPING, STANDING, AND PARKING

Sections:

10.48.010 Stopping, standing or parking close to curb.

10.48.040 Lights on parked vehicles.

10.48.050 Parking at meters.

10.48.055 Paying for parking.

10.48.060 Stopping or parking on public streets and alleys.

10.48.070 Parking in alleys.

10.48.080 Parking for certain purposes prohibited.

10.48.090 Parking of commercial vehicles.

10.48.100 Compliance with signs required.

10.48.105 Curb or pavement markings.

10.48.110 Parking controlled adjacent to schools.

10.48.120 Parking controlled on narrow trafficways.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 18

10.48.130 Parking controlled during certain hours of the day and/or days of the week.

10.48.150 Stopping, standing or parking controlled in hazardous or congested places.

10.48.160 Stopping, standing or parking controlled along arterial and collector trafficways.

10.48.170 On-street loading and parking zones.

10.48.175 Parking management districts.

10.48.180 Review of applications for loading and parking zones on public streets.

10.48.190 Application fees for the establishment of loading and parking zones.

10.48.200 Use of loading and parking zones on public streets.

10.48.220 Passenger loading zones serving schools.

10.48.230 Delivery permits.

10.48.240 Meter bags.

10.48.250 Residential parking in parking management districts.

10.48.260 Administration of parking management districts.

10.48.270 Parking meter enforcement periods and time limits.

10.48.280 Courtesy parking.

10.48.290 Unauthorized parking in off-street parking facilities prohibited.

10.48.300 Rates charged on City owned/operated off-street parking lots and garages.

10.4810.9.010 Stopping, standing or parking close to curb.

10.9.020 Lights on parked vehicles.

10.9.030 Parking at meters.

10.9.040 Paying for parking.

10.9.050 Stopping or parking on public streets and alleys.

10.9.060 Parking in alleys.

10.9.070 Parking for certain purposes prohibited.

10.9.080 Parking of commercial vehicles.

10.9.090 Compliance with signs required.

10.9.100 Curb or pavement markings.

10.9.110 Parking controlled adjacent to schools.

10.9.120 Parking controlled on narrow traffic ways.

10.9.130 Parking controlled during certain hours of the day and/or days of the week.

10.9.140 Stopping, standing or parking controlled in hazardous or congested places.

10.9.150 Stopping, standing or parking controlled along arterial and collector traffic ways.

10.9.160 On-street loading and parking zones.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 19

10.9.170 Parking management districts.

10.9.180 Review of applications for loading and parking zones on public streets.

10.9.190 Application fees for the establishment of loading and parking zones.

10.9.200 Use of loading and parking zones on public streets.

10.9.210 Passenger loading zones serving schools.

10.9.220 Delivery permits.

10.9.230 Meter bags.

10.9.240 Residential parking in parking management districts.

10.9.250 Administration of parking management districts.

10.9.260 Parking meter enforcement periods and time limits.

10.9.270 Courtesy parking.

10.9.280 Unauthorized parking in off-street parking facilities prohibited.

10.9.290 Rates charged on City owned or operated off-street parking lots, garages, and parking

meters.

10.9.300 Parking in construction zones.

10.9.010 Stopping, standing or parking close to curb.

ItUnless otherwise provided in this Chapter, it is unlawful for any person to stop, stand, or park a vehicle,

other than a motor cycle, in a traffic way other than parallel with the edge of the traffic way headed in the

direction of the lawful traffic movement for the lane in which it is stopped, standing, or parked and with the

wheels of the vehicle within eighteen (18) inches of the curb or edge of the traffic way except as otherwise

provided in Section 10.48.050.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 1987 2(part), 1976: prior code 10-2-12(A))

10.48.04010.9.020 Lights on parked vehicles.

Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

(Ord. 1987 §2(part), 1976: prior code §10-2-12(d))

10.48.050.9.030 Parking at meters.

A. Except as directed by an officer of thea Great Falls Fire or Rescue (GFFR) Department,

Great Falls Police DepartmentsDepartment (GFPD) officer or representative, or a City

parking attendantsofficial, vehicles using metered parking spaces shall park within the

area and at the angle delineated by the pavement markings.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 20

B. When thosepavement markings are obscured by snow, wear, or other conditions and there

is angle parking, vehicles shall be parked to the left side or right side of the appropriate

meter.

C. Where there is parallel parking, vehicles shall be parked front end to or rear end to, within

eighteen (18) inches of the appropriate meter, and within eighteen (18) inches of the curb.

Failure to comply with this section is a violation of this CodeTitle, subject to the penalties

and fees authorized by Section 10.87.090Chapter 21 of this titleTitle.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 1987 §2(part), 1976: prior code §10-2-12(E))

10.48.055.9.040 Paying for parking.

A. Upon parking in a metered parking space, the occupants of the vehicle shall immediately

pay for parking using coins of the United States or any other means provided for payment

by the City. including a mobile electronic device application.

B. The available means of payment shall be indicated on the meter and/or signs posted on

the adjoining sidewalk. Alternatively, theThe occupants may display a free parking pass

issued by the City. Failure to pay for parking or to display a pass is a violation of this

Code,Title subject to the penalties and fees authorized by Section 10.87.090Chapter 21

of this titleTitle.

B. C. A valid free parking pass bears the signature of the Parking Administrator, the City

Manager, or the City's authorized agent, and an expiration date. Attempted use of a pass

that does not bear an authorized signature and an expiration date is a violation of this

CodeTitle, subject to the penalties and fees authorized by Section 10.87.090Chapter 21

of this titleTitle.

C. It is lawful toD. Vehicle occupants may use unexpired time on a parking meter, but the

unexpired time counts toward the applicable time limit.

(Ord. No. 3122, § 2, 12-2-2014)

10.48.0609.050 Stopping or parking on public streets and alleys.

Except when temporarily necessary to avoid conflict with other traffic, when so directed by ana GFFR or

GFPD officer of the Fire or Police Departments or representative, City parking attendantsofficial, or where

a parking space is clearly delineated by pavement markings, it is a violation of this CodeTitle, punishable

by Chapter 21 of this Title, to park a vehicle in any of the following places:

A. In front of (, across), or within five (5) feet of a public or private driveway or, an alley, or as

otherwise indicated by pavement markings and/or official signs, which may prohibit parking

in a larger area adjacent to the driveway or alley.;

B. Within a signed and/or marked fire hydrant zone, or, if the fire hydrant zone is not signed

and/or marked, within ten (10) feet of a fire hydrant.;

C. Within thirty (30) feet in front of any crosswalk (marked or unmarked) at an intersection.;

D. Within twenty (20) feet beyond any crosswalk (marked or unmarked) at an intersection.;

E. Within thirty (30) feet in front of or twenty (20) feet beyond any mid-block crosswalk.;

F. Upon the paved or main traveled part of a street or alley when it is practical to stop or park

in a delineated parking space, on the shoulder, or otherwise safely out of the flow of traffic.;

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 21

G. In a traffic lane for the purpose of discharging or receiving passengers, in which case both

the driver of the vehicle and the passenger may be cited for a violation.;

H. In a marked or signed fire lane.;

I. In violation of parking City parking facility rules or lease agreement; or

J. Any other place where official signs, pavement, or curb markings prohibit parking.

J. The violations listed above are subject to the penalties and fees authorized by Section 10.87.090

of this title.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2676 § (part), 1995; Ord. 2646 §(part), 1994; Ord. 2353 §1,

1984; Ord. 1987 §2(part), 1976: prior code §10-2-13(A))

10.48.0709.060 Parking in alleys.

A. It is unlawful to stop, stand, or park any vehicle or trailer in any alley unless the same shall

be parallel to and within eighteen (18) inches of the alley line and leaving at least ten (10)

feet of roadway for movement of through traffic.

B. It is unlawful to stop, stand, or park any vehicle or trailer in any alley so as to block entry to

any private driveway, entrance to a building, or at any location which will prevent or hinder

garbage collection.

C. It is unlawful to stop, stand, or park any vehicle or trailer in any alley at any time in the area

which may from time to time be designated central business district; save and excepting

onlyCentral Business District; except commercial vehicles which are attended or in the

process of loading or unloading. Such alleys shall be properly signed and marked by the

Public Works Department.

D. It is unlawful to stop, stand, or park any vehicle or trailer in any one-way alley, except upon

the right-hand side of the alley and heading in the proper direction of designated traffic

flow.

(Ord. 1987 §2(part), 1976: prior code §10-2-13(B))

10.48.08010.9.070 Parking for certain purposes prohibited.

It is unlawful for any person to do any of the following while a vehicle is parked upon any traffic way of the

City:

A. Display more than one (1) vehicle for sale or advertising of such vehicle on the vehicle

itself.; or

B. Grease, paint, or repair suchany vehicle, except repairs necessitated by an for non-

emergency purposes.

(Ord. 2283, 1981: Ord. 1987 §2(part), 1976; prior code §10-2-13(C))

10.48.09010.9.080 Parking of commercial vehicles.

It is unlawful for any motor vehicle used for commercial purposes to park on any traffic way for any

continuous period in excess of twenty-four (24) hours, unless otherwise provided for hereinin this Title.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 22

(Ord. 1987 §2(part), 1976: prior code §10-2-13(D))

10.48.10010.9.090 Compliance with signs required.

When official signs controlling parking are erected upon such traffic ways as authorized hereinby this Title,

no person shall stop, stand, or park a vehicle upon any such traffic way in violation of any such sign.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 1987 §2(part), 1976: prior code §10-2-14(part))

10.48.105.9.100 Curb or pavement markings.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to approve curb or pavement markings. No such markings shall be applied without prior approval

from the Public Works Department.

(Ord. No. 3122, § 2, 12-2-2014)

10.489.110 Parking controlled adjacent to schools.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control parking upon either side of any traffic way adjacent to

any school property when such stopping, standing, or parking would, in the Department's opinion, interfere

with traffic or create a hazardous situationhazard to health or safety.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2646 § (part), 1994; Ord. 1987 §2(part), 1976: prior code

§10-2-14(A))

10.48.9.120 Parking controlled on narrow trafficwaystraffic ways.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control parking upon any traffic way when the width of the traffic

way does not permit safe passage of traffic flow under existing conditions.

(Ord. 2646 §(part), 1994; Ord. 1987 §2(part), 1976: prior code §10-2-14(B))

10.4810.9.130 Parking controlled during certain hours of the day and/or days of the

week.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control parking during certain hours of the day and/or days of

the week upon any traffic way whenever it is deemed necessary.

(Ord. 2646 §(part), 1994; Ord. 1987 §2(part), 1976: prior code §10-2-14(C))

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 23

10.48.150.9.140 Stopping, standing, or parking controlled in hazardous or congested

places.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control the stopping, standing, or parking of vehicles that would

create an especially hazardous conditiona hazard to health or safety or that would cause unusual delay

to traffic along certain traffic ways.

(Ord. 2646 §(part), 1994; Ord. 1987 §2(part), 1976: prior code §10-2-14(E))

10.48.160.9.150 Stopping, standing, or parking controlled along arterial and collector

trafficwaystraffic ways.

The Public Works Department, with appropriate Montana Department of Transportation approval, is

authorized to install and maintain signs that control parking upon either side of any arterial or collector traffic

way that may be hereafter designated as such by proper authority.

(Ord. 2646 § (part), 1994; Ord. 1987 §2(part), 1976: prior code § 10-2-14(F))

10.48.170.9.160 On-street loading and parking zones.

A. On-street loading and parking zones may be established following the procedure adopted

in Section 10.48.180, below.the Chapter.

B. The Public Works Department, with appropriate Montana Department of

Transportation approval, is authorized to install and maintain parking control signs and/or

curb or pavement markings on public streets for on-street loading and parking zones

serving properties within the incorporated City limits, including freight or passenger

loading zones, handicap parking zones, and bus parking zones serving schools.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2646 §(part), 1994; Ord. 2520 §1, 1989: Ord. 2021 §1,

1977: Ord. 1987 §2(part), 1976: prior code §10-2-14(G)(1))

10.48.175.9.170 Parking management districts.

A. The City may establish parking management districts in which time limits or, parking

meters, or both, are used to encourage turnover in the use of parking spaces and/or to

ensure that adequate parking is available to businesses and residents. Delivery permits,

meter bags, and monthly meter passes may be used to facilitate the administration of these

districts.

B. The Public Works Department is authorized to install and maintain parking control signs

and/or curb or pavement markings designating parking management districts.

(Ord. No. 3122, § 2, 12-2-2014)

10.489.180 Review of applications for loading and parking zones on public streets.

A. The Administrator shall provide forms upon which applications for the establishment of

loading or parking zones, including handicap parking zones, may be filed. Upon receipt of

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 24

such an application accompanied by the application fee established pursuant to Section

10.48.190, belowCommission resolution, the Administrator shall refer the application to

the Public Works and Planning and Community Development Departments for review and

comment and then, based on those comments:

1. Approve;

2. Conditionally approve, conditionally approve,; or deny

3. Deny the application, with any conditions imposed or reasons for denial stated in

writing.

B. In addition to the application fee, applicants will be responsible for the actual costs the City

incurs in making and erecting signs or installing curb or pavement markings to delineate

the loading or parking zone.

B. C. The extent and location of loading and parking zones may be limited by the Administrator

to ensure traffic and pedestrian circulation and safety. The Administrator is not required to

approve an application for a loading or parking zone that interferes with safe circulation.

C. D. Loading and parking zones will not be permitted on a public street where the Administrator

determines that there is adequate space for loading and parking on the applicant's

property.

D. E. The Administrator's decision may be appealed to the Board of Adjustment following the

procedures established in Title 17, Chapter 16, Article 34 of the Official Code of the City of

Great FallsOCCGF Title 17.

(Ord. No. 3122, § 2, 12-2-2014; Ord. No. 3057, § 1, 8-17-2010; Ord. 2646 §(part), 1994; Ord.

1987 §2(part), 1976: prior code §10-2-14(G)(2))

10.4810.9.190 Application fees for the establishment of loading and parking zones.

Application fees for the establishment of loading and parking zones shall be set by Commission resolution

of the City Commission with the objective of recovering the administrative costs involved. For the

convenience of applicants, the Commission may elect to set a flat fee for the installation of residential

handicap parking zones.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2646 § (part), 1994; 2443 §3, 1986: Ord. 2353 §3, 4, 1984;

Ord. 2305 §1, 1982: Ord. 2021 §2, 1977: Ord. 1987 §2(part), 1976: prior code §10-2-14(G) (3))

10.48.9.200 Use of loading and parking zones on public streets.

A. It is a violation of this Code, subject to the penalties and fees authorized by Section

10.87.090 of this title,unlawful for any vehicle to stop or park in any loading or parking

zone established as provided inpursuant to this chapterChapter for any purpose except

that for which the zone was established.

B. It is also a violationunlawful for vehicles or materials to be parked or stored in a loading

zone except where the Administrator permits the temporary use of a loading zone for the

parking of equipment or storage of materials during construction.

B. C. The Administrator may, after seeking the advice of the Parking Advisory Commission,

remove any loading or parking zone that is subject to repeated violations by the applicant

requesting its establishment, that is creating a traffic hazard or congestion, that is no longer

in use, or that is otherwise failing to function for its intended purpose.:

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 25

(Ord. No. 3122, § 2, 12-2-2014; Ord. No. 3057, § 1, 8-17-2010; Ord. 2646 §(part), 1994; prior

code §10-2-14(G) (4) (part))

10.48.2201. Is subject to repeated violations by the applicant requesting its

establishment;

2. Is creating a traffic hazard or congestion;

3. Is no longer in use; or

4. Is otherwise failing to function for its intended purpose.

10.9.210 Passenger loading zones serving schools.

Section 10.489.200 shall be enforced in passenger loading zones serving schools only between 7:00 a.m.

and 5:00 p.m. on school days during the school year or, when weekend, summer, or evening sessions

served by busses are held, and when school is in session.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2951, 2006)

10.48.2309.220 Delivery permits.

A. Delivery permits allow parking in freight loading zones or in any lawful parking space in a

parking management district without additional payment only while a vehicle is making

deliveries.

B. All vehicles that regularly make deliveries within a parking management district shall

display a delivery permit issued by the City in a way that is clearly visible to parking

enforcement personnel. The Administrator may issue more specific instructions for the

display of these permits.

C. Delivery permits must be renewed each year, on or before the anniversary date of their

issuance.January 1 each year. The cost of a delivery permit will be set by Commission

resolution of the City Commission.

D. Use of a delivery permit to attempt to avoid paying for parking when not making a delivery

is a violation of this section, subject to the penalties and fees authorized by Section

10.87.090 of this titleTitle.

(Ord. No. 3122, § 2, 12-2-2014)

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by repealing

former § 10.48.230, and adding a new § 10.48.230. Former § 10.48.230 pertained to passenger

loading zones, and derived from the prior code, § 10-2-14(G)(4); Ord. 1987 of 1976; and Ord.

2951 of 2006.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 26

10.48.240 Meter bags.

10.9.230 Meter bags.

A. Meter bags may be issued to temporarily reserve metered parking spaces for maintenance

or construction activities, while moving, or for other activities being conducted by or for the

adjoining property owner that require reserved parking at a particular location within a

parking management district.

B. The daily cost of meter bags will be set by Commission resolution of the City Commission..

C. Using a meter bag to attempt to avoid paying for parking when not engaged in the activities

for which the meter bag was issued is a violation of this section, subject to the penalties

and fees authorized by Section 10.87.090 of this title. It is also a violation to park a vehicle

in a parking space with a meter bag without the meter bag applicant's permissionTitle.

(Ord. No. 3122, § 2, 12-2-2014)

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by repealing

former § 10.489.240, and adding a new § 10.48.240. Former § 10.48.240 pertained to freight

loading zones, and derived from the prior code, § 10-2-14(G)(4); and Ord. 1987 of 1976.

10.48.250 Residential parking in parking management districts.

A. Residential parking areas are shown on the Official Parking Management District Map of

the City of Great Falls that is appended to this title.filed with the Planning and

Community Development Department. After seeking the advice of the Parking Advisory

Commission, the City Commission may, by resolution, dissolve, amend, or add residential

parking areas in any parking management district.

B. It is a violation of this Code, subject to the penalties and fees authorized by Section 10.87.090

of this title, It is unlawful to stop or park a vehicle for longer than the time limit

established by the signs posted in a residential parking area except that residents.

C. Residents of the district, whether owners or lessees, may, upon submitting proof of their

residence in a residential parking area, obtain a residential parking permit that exempts

them from the posted time limit. The City Commission may set a fee that covers the

administrative costs of issuing the residential parking permitsFees for such permits shall

be set by Commission resolution.

C. D Residential parking permits are specific to the vehicle plate number shown on the

application for the permit and must be used within one block of the place of residence given

on that application. Residential parking permits may not be used at metered parking

spaces. Penalties for violations of this section are as set by Commission resolution of the

City Commission.

(Ord. No. 3122, § 2, 12-2-2014)

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by repealing

former § 10.489.250, and adding a new § 10.48.250. Former § 10.48.250 pertained to delivery

zones, and derived from the prior code, § 10-2-14(G)(4); Ord. 1987 of 1976; Ord. 2646 of 1994;

and Ord. No. 3057, adopted August 17, 2010.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 27

10.48.260 Administration of parking management districts.

A. Parking management districts are shown on the Official Parking Management District Map

of the City of Great Falls that is appended to this title.filed with the Planning and

Community Development Department. After seeking the advice of the Parking Advisory

Commission, the City Commission may, by resolution, dissolve, amend, or add parking

management districts. These changes shall be promptly added to the Official Parking

Management District Map of the City of Great Falls that is appended to this title.

B. Parking meters may be installed within parking management districts. Meters need not,

however, be used throughout these districts. The Administrator, in consultation with the

Parking Advisory Commission, may remove parking meters that are not needed to maintain

parking turnover or where the cost of servicing a meter exceeds the revenue it generates.

The Administrator, in consultation with the Parking Advisory Commission, may add

meters in an established management district. Where meters are not used within the

metered parking districts, time limits may be posted and enforced using signs.

C. The Administrator may also issue monthly parking passes that can be used at meters in

areas where meters are underutilized. The fee for monthly parking passes shall be set by

Commission resolution of the Commission.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2189, 1980; Ord. 1987 §2 (part), 1976: prior code §10-2-

14(G)(5))

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by repealing

former § 10.48.9.260, and renumbered former § 10.48.280 as a new § 10.48.260. Former §

10.48.260 pertained to daily use zones and meter bags, and derived from the prior code, § 10-2-

14(G)(4); Ord. 1987 of 1976; Ord. 2353 of 1984; Ord. 2520 of 1989; Ord. 2572 of 1990; and

Ord. 2646 of 1994.

10.48.270 Parking meter enforcement periods and time limits.

A. Time limits on curb parking, whether metered or not, are established to promote parking

turnover for the convenience of shoppers and the benefit of downtown businesses.

The rates and time limits for parking in parking management districts shall be as

establishedset by Commission resolution of the City Commission..

B. Any type of meter may be used within a parking management district at the discretion of

the Administrator, with recommendations from the Parking Advisory Commission.

C. Enforcement of the parking rates and time limits established by the Commission shall be

in effect from 9:00 a.m. to 5:00 p.m. on all days except Saturdays, Sundays, and City

holidays or as otherwise provided by Commission resolution of the Commission. The

Administrator may temporarily suspend parking meter enforcement for downtown events,

holidays, or construction projects.

D. It is a violation of this Code, subject to the penalties and fees authorized by Section 10.87.090

of this title, It is unlawful to park a vehicle in a parking management district for a

period of time longer than the limit that is adopted by the Commission and posted on the

meter and/or signs placed by the City. Spaces may be used without regard to the posted

time limit on Saturdays, Sundays, and City holidays, except where otherwise posted.

E. The time limits authorized herein are enforced, among other ways, by chalking tires.

Consistent with the purpose of time limits, as stated in A., above, a vehicle that has not

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 28

been moved far enough to erase the chalk mark is still in violation of the time limits and

this Code.

F. An exception to the posted time limits is hereby granted to individuals with disabilities as

definedprovided in Mont. Code Ann. Title 49, Chapter 4, to use any metered space without

regard to the sign-posted time limit.

(Ord. No. 3122, § 2, 12-2-2014; Ord. No. 3057, § 1, 8-17-2010; Ord. 2646 § (part), 1994; Ord.

2520 §4, 1989: Ord. 2353 §9, 10, 1984; Ord. 2052 §1, 1979; Ord. 2021 §4, 1977: Ord. 1987

§2(part), 1976: prior code §10-2-14(G) (6))

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by repealing

former § 10.48.270, and renumbered former § 10.48.290 as a new § 10.48.270. Former §

10.48.270 pertained to residential zones, and derived from the prior code, § 10-2-14(G)(4); Ord.

1987 of 1976; Ord. 2353 of 1984; Ord. 2646 of 1994; and Ord. No. 3057, adopted August 17,

2010.

10.48.28010.9.270 Courtesy parking.

Upon request by the adjoining property owner or tenant and approval of the Administrator, metered spaces

may be designated as courtesy parking, allowing the removal of the meters and their replacement with a

sign stating that parking is being provided by the adjoining business. The number and location of spaces

that may be thus designated will be determined by the Administrator. The fee for designating spaces as

courtesy parking shall be set by Commission resolution of the City Commission and payable each year on

the anniversary date of the application. The City will continueprior to enforce the applicable time limit on

courtesy parking spacesJanuary 1.

(Ord. No. 3122, § 2, 12-2-2014; Ord. No. 3057, § 1, 8-17-2010; Ord. 2646 § (part), 1994; Ord.

2443 § 1, 1986; Ord. 2353 §11, 1984)

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by

renumbering former § 10.48.280 as a new § 10.48.260, and renumbered former § 10.48.291 as a

new § 10.48.280.

10.48.2909.280 Unauthorized parking in off-street parking facilities prohibited.

A. It is a violation of this Code, subject to the penalties and fees authorized by Section 10.87.090

of this title,A. It is unlawful for any person to stop or park a vehicle in any parking space

in an off-street parking facility that is owned or leased by the City unless the occupants of

that vehicle have paid the required fee.

B. Parking spaces controlled by parking meters in off-street parking facilities owned or leased

by the City shall be subject to the same rates, time limits, and periods of enforcement as

other parking meters, unless otherwise provided by Commission resolution of the

Commission.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2457 § 1, 1987; Ord. 2383 § 2, 1985; Ord. 2353 § 12,

1984; Ord. 2188, 1980)

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 29

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by

renumbering former § 10.489.290 as a new § 10.48.270, and renumbered former § 10.48.300 as

a new § 10.48.290.

10.48.300 Rates charged on City owned/ or operated off-street parking lots and,

garages.

The City Manager shall, on recommendation of the Parking Advisory Commission, establish the hourly,

daily, and monthly lease rates charged for , and parking inmeters.

Rates for City owned or operated off-street parking lots or, garages, and parking meters shall be set by

Commission resolution.

(Ord. No. 3122, § 2, 12-2-2014; Ord. 2646 § (part), 1994; Ord. 2521, 1989)

Editor's note— Ord. No. 3122, § 2, adopted December 2, 2014, amended the Code by

renumbering former § 10.48.300 as a new § 10.48.290, and renumbered former § 10.48.310 as a

new § 10.48.300.

10.9.300 Parking in construction zones.

The Public Works Department is authorized to relocate vehicles parked in active construction

zones. Prior to relocation the Department shall:

A. Place a no parking notice in the construction zone twenty-four (24) hours prior to

construction beginning;

B. Provide notice to the GFPD that a vehicle is located in the construction zone and

must be removed; and

C. GFPD shall attempt to locate the registered owner of the vehicle.

D. If the registered owner is not located, or the vehicle is not removed from the

construction zone within twenty-four (24) hours, the Public Works Department shall

remove the vehicle from the construction zone, and the costs of said removal shall

be charged to the registered owner.

Chapter 5010 VEHICLE IMMOBILIZATION

Sections:

10.50.010 Authorization to use vehicle immobilizer.

10.50.020 Procedure for vehicle immobilization.

10.50.030 Removal of violation vehicle.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 30

10.50.040 Release to the owner.

10.50.050 Hearing on immobilization.

10.50.060 Cost liability.

10.10.010 Authorization to use vehicle immobilizer.

10.10.020 Procedure for vehicle immobilization.

10.10.030 Removal of violation vehicle.

10.5010.040 Release to the owner.

10.10.050 Hearing on immobilization.

10.10.010 Authorization to use vehicle immobilizer.

A. Members of the City Police DepartmentGFPD, or other Parking Administrator

authorized persons, are authorized to use a vehicle immobilizer ("boot") to immobilize

any vehicle that is parked in a cityCity parking space located in the downtown residential

district, the parking meter district, or any cityCity owned off-street pay-to-park facility/lot,

and that has five (5) or more parking tickets unpaid/ or delinquent thirty (30) days or more,

provided that.

B. Prior to any vehicle immobilization, the Planning and Community Development

Department's Parking Division hasis required to either (a) mailed:

1. Mail the registered owner of the vehicle a final notice for five (5) or more of the

unpaid/ or delinquent parking tickets; or (b) has filed

2. File a complaint in courtGreat Falls Municipal Court charging the registered

owner with unpaid parking tickets on the vehicle, and no individual has appeared

for arraignment on the complaint.

(Ord. 2815, 2002).

(Ord. No. 3057, § 1, 8-17-2010)

10.5010.020 Procedure for vehicle immobilization.

A. If parking officials, as defined in section 10.87.010this Chapter, choose to immobilize a

vehicle with a boot as allowed by section 10.50.010Chapter, then the on-site officers

immobilizing the vehicle shall ensure that a written notice is conspicuously affixed to the

vehicle.

B. The written notice will inform the owner, driver, or person in charge of such vehicle: that

the:

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 31

1. The vehicle has been immobilized by the City for violation of one (1) or more

provisions ofpursuant to this Chapter 10.48; that;

2. That release from such immobilization may be obtained at a designated place; that

3. That unless arrangements are made for the release of such vehicle within forty-

eight (48) hours, the vehicle will be towed and impounded and towed as provided

in section 10.50.030pursuant to this Chapter; and that

4. That removing or attempting to remove the immobilization device before a release

is obtained is unlawful.

C. An immobilized vehicle shall not be released by the City until the immobilization fee is paid,

together with payment of all outstanding parking fines, or posting of a bond as allowed by

section 10.50.040this Chapter.

D. If the vehicle has remained immobilized for a period of forty-eight (48) hours and a release

has not been obtained, then the parking officialGFPD shall have the vehicle towed and

impounded and towed as provided in section 10.50.030.

(Ord. 2815, 2002).

10.5010.030 Removal of violation vehicle.

A. The City is authorized to remove a vehicle or tow a vehicle from parking spaces located in

the areas listed in section 10.5010.010 to the designated tow site when a vehicle with an

immobilization device attached remains immobilized for a period of forty-eight (48) hours,

and a release has not been obtained.

(Ord. 2815, 2002).

B. Whenever an officer removes a vehicle from a street or City parking space as authorized

in this section, and the officer knows or is able to ascertain from the registration records on

the vehicle the name and address of the vehicle owner thereof, such , the officer shall give

notice in writing to suchthe owner of the fact of such removal, the violations, and the

reasons thereof and of the place to which suchwhere the vehicle has been removed. to.

C. If any sucha vehicle is stored at a designated tow site, a copy of suchthe notice shall be

given to the proprietor of such garage. Further, the tow site. The party towing the vehicle

shall immediately notify the police departmentGFPD dispatcher that a vehicle has been

towed from a specific location and give the dispatcher a detailed description of the vehicle

and the location to which it is being towed.

(Ord. 2815, 2002).

C. D. Whenever an officer removes a vehicle from a street under this section and does not know

and is not able to ascertain the name of the owner, or for any other reason is unable to

give the notice to the owner as hereinafter provided, and if the vehicle is not returned to

the owner within a period of three (3) days, then the officer shall send or cause to be sent

written reportsa report of suchthe removal by mail to the state department whose duty it

is to register motor vehiclesto the Montana Department of Transportation Motor

Vehicle Division, and shall file a copy of suchthe notice with the proprietor of the

designated tow site in which the vehicle may be stored. Such. The notice shall include a

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 32

complete description of the vehicle, the date, time, and place from which removed, the

reasons for such removalviolations, and name of the garage or place where the vehicle

is storedtow site.

(Ord. 2815, 2002).

D. Any officer is authorized to take possession of any motor vehicle owned by any person that

has violated, as to the vehicle, any of the provisions of Chapter 10.48, and has the authority

to remove such vehicle from the streets and parking facilities in the areas designated in

section 10.50.010, and to store and keep possession thereof until the owner of such vehicle

appears and claims the same. E. The cost of towing or removing suchthe vehicle

and costs of storing the samevehicle shall be chargeable against the vehicle and shall be

paid by the owner of the vehicle before the same shall be it is released. The vehicle will

be stored in a designated tow site. The owner of a vehicle impounded and towed due to

unpaid parking tickets must secure the release of the vehicle as required by section

10.50.040(B).

(Ord. 2815, 2002).

E. F. The taking of possession of a vehicle for violation of any parking ordinance or regulation

shall not prohibit the filing of a complaint in connection with suchMunicipal Court for the

violation(s).

(Ord. 2815, 2002).

10.5010.040 Release to the owner.

A. A vehicle immobilized for unpaid parking tickets shall be released to the registered owner

or any other person legally entitled to claim possession of the vehicle, and the vehicle

immobilization equipment removed, upon payment of all overdue and unpaid parking

tickets and the immobilization fee. The fee may be paid in the form of a refundable bond

pending the outcome of any hearing requested pursuant to section 10.5010.050(D).

(Ord. 2815, 2002).

B. A vehicle towed and impounded and towed for unpaid parking citations, and in accordance

with section 10.5010.030, can only be released pursuant to a written order from the

Municipal Court that all penalties, fines, or forfeitures owed by the registered owner have

been satisfied by full payment or the posting of a bond pending a hearing.

(Ord. 2815, 2002).

10.5010.050 Hearing on immobilization.

A. After a vehicle has been immobilized pursuant to this chapterChapter, the registered

owner, and any other person(s) who reasonably appear to have an interest in the vehicle,

is entitled to have speedy hearing with the Parking OfficialAdministrator or a designated

representativedesignee to determine if the vehicle was immobilized in accordance with

sections 10.50.010 and 10.50.020this Chapter.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 33

(Ord. 2815, 2002).

B. If the Parking OfficialAdministrator or designee finds that the immobilization was invalid

or unjustified, he/ or she will order the vehicle to be immediately released, and the owner

or any other person(s) who have an interest in the vehicle shall not be held liable for the

immobilization fee.

(Ord. 2815, 2002).

C. If the Parking OfficialAdministrator finds that the immobilization was valid and justified,

he/ or she willmay order that the immobilization device remains on the vehicle until

payment is received for the immobilization fee and all overdue and unpaid parking tickets.

However, pursuant to section 10.50.030 A., when a vehicle with an immobilization device

attached remains immobilized for a period of forty-eight (48) hours and a release has not

been obtained, the vehicle will be towed and impounded.

(Ord. 2815, 2002).

D. The decision of the Parking Official shall be the final decision by the City. Any person aggrieved by a

decision can request a hearing in Municipal Court. The court shall attempt to have the hearing as soon

as all parties can be present, preferably on the day the immobilization or towing occurred; but in no

instance shall the hearing be any later than three (3) business days after towing has occurred. If the

Municipal Court judge determines that the immobilization or towing was in violation of sections

10.50.010, 10.50.020 and/or 10.50.030, then the court may order the City to pay or reimburse the fees

for immobilization or storage.

(Ord. 2815, 2002).

10.50.060 Cost liability.

The cost of removal and storage of any vehicle moved or towed pursuant to this chapter shall be paid by

the owner or operator of the vehicle unless the Great Falls Municipal Court orders otherwise.

(Ord. 2815, 2002).

D. The decision of the Parking Administrator may be appealed to the City Manager’s

Office within fifteen (15) calendar days. The City Manager or designee shall affirm,

modify, or reverse the decision of the Parking Administrator by written finding. An

adverse finding by the City Manager may be appealed, in writing, within (15) calendar

days to the City Commission. The City Commission after hearing testimony on the

matter, shall issue a written finding affirming, modifying, or reversing the decision

of the City Manager.

Chapter 5711 COMMERCIAL VEHICLES

Sections:

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 34

10.57.010 Definitions.

10.57.020 Trucks—prohibited where.

10.57.040 Trucks—parking prohibited where—exception.

10.57.050 Restriction of vehicles—determined by City Commission—signs to be erected.

10.57.010 Definitions.

"Truck" and other "commercial10.11.010 Commercial vehicles—prohibited where.

10.11.020 Commercial vehicles" include motor buses. —parking prohibited where—exception.

(Ord. 1974 §1(part), 1976: prior code §10-2-27(A)).

10.57.020 Trucks10.11.030 Restriction of vehicles—determined by City Commission—signs to

be erected.

10.11.010 Commercial vehicles—prohibited where.

A. It is unlawful and constitutes a public offense for any person to drive or operate, or for the

owner to cause or knowingly permit to be driven or operated any truckcommercial vehicle,

not involved in local service as defined in subsection B. of this Sectionsection, upon the

streets and avenues of theany City public way except upon the truck routes designated

as follows:

1. Tenth Avenue South from the west City limits to the east City limits;

2. The Northeast Bypass from the intersection at Fifty-seventh Street and Tenth

Avenue South, north and then westerly to the TenthNinth Street Bridge;

3. River Drive from its connection with Tenth Avenue South at or near the Warden

Bridge to the First Avenue North Bridge;

i. First Avenue North from Park Drive westerly through the First Avenue North

Bridge; and

ii. Central Avenue West from the west end of the First Avenue North Bridge to the

west City limits on the Vaughn Highway;

4. Third Street Northwest and Smelter Avenue from Central Avenue West to the

northeasterly City limits;

5. Second Street from the Tenth Avenue South approaches north to First Avenue

South;

6. First Avenue South from Second Street, west to Park Drive; and

i. Park Drive from First Avenue South to First Avenue North;

7. Sixth Street Southwest from Central Avenue West to Tenth Avenue South; and

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 35

8. River Drive from First Avenue North to the TenthNinth Street Bridge;.

B. For the purpose of this section, the following definitions and terms shall apply:

"Truck" means any motor vehicle designed, used or maintained primarily for the transportation of property,

which has a gross vehicle weight of over ten thousand (10,000) pounds.

"Local service" means limiting the authorized use of City streets or avenues to those trucks which have

either point of origin or destination for immediate business purposes within the corporate limits of the City.

C. In any hearing in Municipal Court, unless credible evidence is produced demonstrating such immediate

business purposes such as a bill of lading or routing schedule, the operation of such truck on a

prohibited street or avenue shall be prima facie evidence of violation of 10.57.11.020.

(Ord. 2646 § (part), 1994; Ord. 1974 §1(part), 1976: prior code §10-2-27(B) (part); Ord. 2219

1980).

10.57.040 Trucks— Commercial vehicles—parking prohibited where—exception.

It is unlawful and constitutes a public offense for any person to park a truck (as defined in Section

10.57.020)commercial vehicle on any street or avenue within the City public way, and outside of that

area which may from time to time by the City ordinance be designated as the central business

districtCentral Business District, except for an emergency or for loading and unloading purposes.

(Ord. 1974 §1(part), 1976: prior code §10-2-27(D)).

10.57.05010.11.030 Restriction of vehicles—determined by City Commission—signs to

be erected.

A. The City Commission may, by law or resolutionordinance, prohibit the operation of

vehicles upon any such streets, avenues, or highways, or impose restrictions as to the

weight of vehicles to be operated upon any such street, whenever any street by reason of

deterioration, rain, snow, or other climate conditions will be seriously damaged or

destroyed unless the use of vehicles thereon is prohibited or the permissible weights

thereof reduced.

B. The City Commission, in enacting any such law or resolutionPublic Works Department,

shall erect or cause to be erected and maintained signs designatingpursuant to the

provisions of the law or resolutionordinance at each end of that portion of any street

affected thereby, and the law or resolutionordinance shall not be effective unless and until

such signs are erected and maintained.

(Prior code §10-2-28).

Chapter 6012 ABANDONED AND JUNKED VEHICLES, MACHINERY,

TRAILERS, AND PARTS

Sections:

10.60.010 Purpose.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 36

10.60.020 Definitions.

10.60.030 Exemptions.

10.60.040 Junk vehicle deemed nuisance.

10.60.050 Administration and enforcement.

10.60.060 Administration costs.

10.60.070 Notices of intention to abate and remove; mailing; form of notices.

10.60.080 Appeal.

10.60.090 Abatement and removal.

10.60.100 Illegal off-street parking.

10.60.110 Continuing notice.

10.60.120 Penalty.

10.60.130 Non-exclusively of this chapter.

10.6010.12.010 Purpose.

10.12.020 Exemptions.

10.12.030 Junk vehicle deemed nuisance.

10.12.040 Administration and enforcement.

10.12.050 Notices of intention to abate and remove; mailing; form of notices.

10.12.060 Appeal.

10.12.070 Abatement and removal.

10.12.080 Illegal off-street parking.

10.12.090 Continuing notice.

10.12.100 Penalty.

10.12.010 Purpose.

The City Commission of the City of Great Falls hereby makes, finds, and declares that the accumulation

and storage of abandoned, wrecked, dismantled, or inoperative vehicles, machinery, trailers, or parts

thereof, on public property or illegally parked on private property is hereby found to create:

A. Create a condition tending to reduce the value of private property, to promote;

B. Promote blight and deterioration, to invite plundering, to create;

C. Invite criminal activity;

D. Create fire hazards, to constitute;

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 37

E. Constitute an attractive nuisance creating a hazard to the health and safety of minors, to

create; and

F. Create a harbor for rodents and insects, and to be injurious to the health, safety, and

general welfare.

G. Therefore, the presence of an abandoned, wrecked, or dismantled or inoperative vehicle,

or part thereof, on public property or illegally parked on private property, except as

expressly hereinafter permitted, is hereby declared to constitute a public

nuisanceNuisance, which may be abated as such in accordance with the provisions of this

chapterOCCGF Title 8, Chapter 49.

(Ord. 2819, 2002)

10.6012.020 Definitions.

For the purpose of this chapter the following definitions shall apply:

"Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a

street, except a device which is designed to be exclusively moved by human power or used exclusively

upon stationary rails or tracks. The term vehicle shall include, but is not limited to, an automobile, truck,

van, sports utility vehicle, recreational vehicle, camper, motorcycle, trailer, watercraft, boat, canoe, jet skis,

snowmobiles, ATV's or aircraft.

"Machinery" is synonymous with and means the same as "machine" as defined by the current edition of

Webster's New Collegiate Dictionary.

"Trailer" means any vehicle without motive power designed for carrying persons or property and for being

drawn by a motor vehicle.

"Parts" means any mechanical, structural, body or decorative part of any vehicle, machinery or trailer.

"Junk vehicle" means any vehicle, machinery, trailer, or parts thereof, located on public property or illegally

parked on private property within the corporate limits of the City of Great Falls, which, as to a vehicle or

trailer, does not properly display license plates or stickers indicating current registration and/or, as to any

vehicle, machinery, trailer, or parts thereof, which has any one (1) or more of the following characteristics:

A. Lacks an engine, wheel, tire, properly installed battery or other structural parts which renders the

vehicle inoperable for use as designed by the manufacturer; provided, that if there is more than

one (1) vehicle on the real property, there shall be the necessary number of engines, wheels,

tires, batteries and other structural parts for each respective vehicle;

B. Has a broken or missing fender, door, bumper, hood, exterior door handle, running board,

steering wheel, trunk top, trunk handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft,

differential, generator, alternator or other structural piece;

C. Has become or the potential to become the breeding ground or habitat of rats, mice, snakes,

mosquitoes or other vermin, rodents or insects, or is otherwise used for the storage, harbor,

caging or dwelling for an animal of any kind;

D. Has heavy growth of weeds or other noxious vegetation over eight (8) inches in height under or

immediately next to it.

E. Has become a point of collection for stagnant water;

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 38

F. Has junk, garbage, refuse, gasoline or fuel other than in its fuel tank, paper, cardboard, wood or

other combustible materials, solid waste or other hazardous material present in it or which is

primarily used for storage of any materials;

G. Has become a source of danger for children through entrapment in areas of confinement that

cannot be opened from inside, through a danger of the vehicle falling or turning over, or through

possible injury from exposed surfaces of metal, glass or other rigid materials;

H. Has become a potential source of contamination of the soil from petroleum products or other toxic

liquids being discharged or leaking from the vehicle;

I. Has become illegal to operate on the public streets because it is missing one (1) or more parts

required by law;

J. Is an abandoned vehicle; or

K. Because of its defective, deteriorated or obsolete condition in any other way constitutes a

nuisance or a threat to the public's health or safety.

"Abandoned vehicle" means any of the following. For the purposes of this subsection, the word "vehicle"

includes a vehicle, machinery, trailer or parts thereof:

A. A vehicle that has been left unattended on public property for more than forty-eight (48) hours

and lacks current registration, plates, or one (1) or more wheels/tires or other parts which renders

the vehicle totally inoperable;

B. A vehicle that has remained illegally parked on public property for more than forty-eight (48)

hours;

C. A vehicle that has been unlawfully parked on private real property or has been placed on private

property without the consent of the real property owner or person in control of the property for

more than forty-eight (48) hours;

D. A vehicle that has been legally impounded by order of a law enforcement authority and has not

been reclaimed for a period of five (5) days. However, a law enforcement authority may declare

the vehicle abandoned within the five-day period by commencing the notification process in Mont.

Code Annotated Title 61 Chapter 8 (2001).

E. Any vehicle parked on a street determined by a law enforcement authority to create a hazard to

other vehicle traffic.

"Law enforcement authority" means a peace officer or any City, state or federal department or agency

operating with arrest authority in Great Falls, Montana.

"Responsible parties if ascertainable, the last known registered owner of the junk vehicle as indicated in

the official records of the State of Montana Department of Motor Vehicles or a sister state division of

transportation or motor vehicles.

10.60.030 Exemptions.

This chapterChapter shall not apply to the following:

A. When such storage or parking is necessary to the operation of a lawfully conducted

business or commercial enterprise on land which such business or enterprise is authorized

by the City's zoning regulations; or

B. A vehicle which was recently involved in a collision, duly documented by a timely report

filed with the appropriate law enforcement agency or the state department of

transportationMontana Department of Transportation, or its equivalent in a sister state,

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 39

shall not be deemed a junk vehicle unless the owner/ or operator of said vehicle fails to

repair or properly cover the same within a reasonable period of time after said collision.

C. Nothing in this chapter shall authorize the maintenance of a public or private nuisance as defined

under provisions of law. (See Title 8 regarding Criminal Nuisances.)

D. Nothing in the chapter and none of these exemptions alter any zoning regulations for the land on

which the vehicle is located. (See Title 17 for zoning regulations)

10.60.04012.030 Junk vehicle deemed nuisance.

The keeping, maintaining, or allowing a junk vehicle to be on public or illegally parked on private property,

except as provided by Section 10.60.030 above12.020, shall constitute a nuisance. The owner of a junk

vehicle shall be responsible for the maintaining or keeping of a nuisance.Nuisance as defined by OCCGF

Title 8, Chapter 49.

10.60.05012.040 Administration and enforcement.

A. Except as otherwise provided in this chapter, the provisions of this chapterChapter shall

be administered and enforced by the Planning and Community Development Director

and/or the Police Chief, or their respective designees, hereinafter collectively referred to

as "enforcement officer."

B. The enforcement officer and any person designated by the enforcement officer to abate

the nuisance pursuant to this codethe OCCGF or court order, are hereby authorized

access to any property upon which a junk vehicle is located for the purpose of carrying out

any and all actions necessary to enforce this chapterChapter.

(Ord. No. 3057, § 1, 8-17-2010)

10.60.060 Administration costs.

The City Commission shall determine and fix the administrative fee, an amount to be assessed as

administrative costs under this chapter. Said administrative fee shall be in addition to the actual costs

incurred regarding towing, storage and disposal of the vehicle. The administrative fee shall be set by

resolution.

10.60.07012.050 Notices of intention to abate and remove; mailing; form of notices.

A. A ten-day notice (exclusive of weekends or federally mandated holidays) of intention to

abate and remove the vehicle or parts thereof as a public nuisanceNuisance shall be given

to the owner of the land and/or to the owner of the vehicle, if known. The notices of

intentionnotice shall be in a form promulgated by the Planning and Community

Development Directorissuing enforcement officer, and shall provide the following

information at a minimum:

1. A description of the vehicle or parts which constitute(s) a nuisanceNuisance under

the provisions of the Great Falls Municipal Code;OCCGF;

2. That the nuisanceNuisance must be abated within ten (10) days, (exclusive of

weekends and federally mandated holidays) to-wit: the junk vehicle must be either:

i. Brought into a condition that it no longer is defined as a junk vehicle,;

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 40

ii. Placed in a proper enclosure,; or

iii. Removed from the property and properly disposed of or removed from the

City; and

3. Failure to properly abate said nuisanceNuisance as prescribed shall be sufficient

cause for the removal of the junk vehicle by the enforcement authorityofficer or

his/her duly designated agentdesignee as set forth by the municipal codeOCCGF.

B. The notice required by this section shall be served in any one (1) of the following manners:

1. Posting notice on or near the junk vehicle(s) in question and by certified mail, return

receipt requested1. By regular mail, to the last registered-owner of said

vehicle, if ascertainable, at the address listed in the state'sState's records

concerning ownership of the vehicle (for the purposes of this provision, and service

shall be deemed to have been perfected the day after the notice is mailed);; or

2. If the last registered owner's name is not ascertainable, by posting notice on or

near the junk vehicle(s) in (for the purposes of this provision,, and service shall be

deemed to have been perfected the day the notice is posted on or near the junk

vehicle)..

(Ord. No. 3057, § 1, 8-17-2010)

10.60.08012.060 Appeal.

Any interested party may appeal the decision of the enforcement officer by filing a written notice of appeal

with the Planning and Community Development Director ten (10) days (exclusive of weekends and federally

mandated holidays) days after service of notice as required by Section 10.60.070 above. Such appeal shall

be heard by the Municipal Court Judge which may affirm, amend or reverse the notice/order or take other

action deemed appropriate. The Clerk of Municipal Court shall give at least five-day written notice of the

time and place of the hearing to the appellant by first-class mail or personal serviceCity Manager ten (10)

calendar days after service of notice as required by this Chapter. The City Manager or designee

shall within fifteen (15) calendar days make a written finding affirming, reversing or modifying the

enforcement officer’s decision.

(Ord. No. 3057, § 1, 8-17-2010)

10.60.09012.070 Abatement and removal.

A. The responsible party, after service of notice is perfected, shall abate the

nuisanceNuisance within ten (10) calendar days (exclusive of weekends and federally

mandated holidays) days of service being perfected.. Abatement shall consist of:

1. Providing for the current registration of each and everythe vehicle including the

affixing the registration plate or current sticker to the vehicle;

2. Repairing any and all conditions which cause suchthe vehicle(s) to be a

nuisanceNuisance under the provisions of the Municipal CodeOCCGF; and

3. Having all of the required equipment and parts for eachthe vehicle which was

described in the notice; or

4. Removing the junk vehicle or causing the junk vehicle to be removed to a licensed

dismantler, salvage yard, licensed vehicle dealer, a junk dealer, an auto body shop

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 41

or to any otherlegally authorized location provided the same complies with all

applicable provisions of the Municipal Code..

B. If the responsible parties fail to abate the nuisanceNuisance as prescribed, or after such

abatement has been affirmed by the Court on appealCity Manager, the City, through the

enforcement officer, may abate such nuisanceNuisance by causing the junk vehicle(s) to

be removed, impounded and sold, or disposed of as provided for abandoned vehicles

under the laws of the State of Montana. All costs of such abatement and the administrative

fee provided by this chapterChapter shall be charged to the responsible parties, jointly and

severally.

10.60.10012.080 Illegal off-street parking.

A. No person shall park a vehicle onto or upon privately owned real property or area

developed as an off-street parking facility without the consent of the owner, lessee, or

person in charge of said property or facility.

B. No person shall park a vehicle onto or upon publicly owned real property or area developed

as an off-street parking facility, if said property is not properly designated and signed for

parking of private vehicles; contrary to in violation of any signs set forth upon said property

or facility; or contrary to the laws of the State of Montana, County of Cascade or the City

of Great Falls without proper consent of said state, county or City.legally authorized

signage.

C. Any vehicle parked in violation of this section shall be deemed an abandoned vehicle.

10.60.11012.090 Continuing notice.

A notice issued as provided in Section 10.60.070 abovepursuant to this Chapter shall be deemed a

continuing notice regarding the vehicle(s) described in the notice for a period of one (1) year from the date

of service and is valid for all locations within the incorporated City of Great Falls.limits. No further notice

by an enforcement officer or ten-day period to abate is necessary to abate a nuisanceNuisance created by

said vehicle(s) within the one-year period.

10.60.12012.100 Penalty.

Any person found guilty of a violation of any of the provisions of this chapter shall, upon conviction, be

subject to the penalty provisions of this Code. Each day that a violation is allowed to continue shall constitute

a separate and distinct violation.

10.60.130 Non-exclusively of this chapter.

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles

within the City of Great Falls. It shall supplement and be in addition to the other regulatory codes, statutes,

and ordinances heretofore or hereafter enacted by the City, the state, or any other legal entity or agency

having jurisdiction.

Chapter 61Parking any vehicle in violation of this Chapter is a misdemeanor punishable by a

fine not to exceed five-hundred dollars ($500.00), a term not to exceed six months in jail, or both.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 42

Chapter 13 ABANDONED, WRECKED, JUNKED OR DISMANTLED

VEHICLES ON PRIVATE PROPERTY

Sections:

10.61.010 Definitions.

10.61.020 Enforcement.

10.61.030 Prohibited.

10.61.040 Permitted in a building.

10.61.050 Repair.

10.61.060 Person responsible.

10.61.070 Notice.

10.61.080 Violation and penalty.

10.61.010 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter unless otherwise

noted:

When not inconsistent with the context, words used in the present tense include the future, words in the

plural number include the singular number and words in the singular number include the plural number.

"Vehicle" means every device in, upon, or by which any person or property may be transported or drawn

upon a public highway or upon p property, including trailers, semi-trailers, travel or camp trailers, as well as

machinery used in farming, logging, excavating, but not including mobile homes presently utilized for human

habitation. "Vehicle" shall not include a bicycle, but shall include motorbikes, motorcycles, motor-scooters,

tractors, go-carts and golf carts.

"Abandoned, wrecked, junked or dismantled motor vehicles" means any motor vehicle described in 61-1-

102, MCA, which does not have lawfully affixed thereto both an unexpired license plate or plates and the

condition of which is wrecked, dismantled, inoperative, abandoned or discarded.

"Abandoned, wrecked, junked or dismantled vehicle" means any vehicle described in Subsection B of this

section which is not being utilized for its manufactured or intended purpose and has been discarded,

abandoned, wrecked, junked, dismantled or partially dismantled, including parts thereof.

"Person" means any person, firm, partnership, association, corporation, company or organization of any

kind.

"Private property" means any real property within the City which is privately owned.

(Ord. 2646 §(part), 1994; Ord. 2442 §2 Ex. B(part), 1986).

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 43

10.61.020 Enforcement.

A. Authority. The Planning and Community Development Director or duly authorized representative, is

authorized and directed to enforce all the provisions of this chapter, and all enforcement agencies of

the City shall cooperate in this regard.

B. Right of entry. The Planning and Community Development Director or a duly authorized

representative's right of entry in the enforcement of this chapter shall be in accordance with Section

17.16.46.020B.4 and 17.16.46.080 of this Code.

(Ord. 2442 §2 Ex. B(part), 1986).

(Ord. No. 3057, § 1, 8-17-2010)

10.61.030 Prohibited.

No person shall park, store, keep, place, leave or permit the same, any abandoned, wrecked, junked or

dismantled motor vehicle or vehicle upon any private property within the City limits for a period in excess

of seventy-two (72) hours. The presence of any abandoned, wrecked, junked or dismantled vehicle or motor

vehicle, or parts thereof, upon private property as specified in this chapter, is declared a public nuisance

which shall be abated as such in accordance with the provisions of this chapter. This section shall not apply

to any vehicles enclosed within a building, or covered by a fabric cover specifically designed for covering

vehicles or motor vehicles or to any vehicle held in connection with a business enterprise lawfully licensed

and properly operated in an appropriate zone, pursuant to the zoning laws of the City or a vehicle in an

appropriate storage place or depository maintained in a lawful place and manner by the City or to any

vehicle or motor vehicle validly and properly retained by the owner thereof for antique collection purposes,

pursuant to 61-3-411, M.C.A. Any motor vehicle whether in operable or inoperable condition designed,

adapted or used for dragstrip racing or raceway racing shall be covered, as set forth in this chapter, or

placed within a building.

(Ord. 2442 §2 Ex. B(part), 1986).

10.61.040 Permitted in a building.

Storage, service, restoration and repair of an abandoned, wrecked, junked or dismantled vehicle or motor

vehicle which is conducted within the confines of a building shall be permitted provided that such vehicle or

motor vehicle is the property of the owner or occupier of the lot and provided that the storage service,

service, restoration or repair is not a commercial use of the property.

(Ord. 2442 §2 Ex. B(part), 1986).

10.61.050 Repair.

This chapter shall not be construed to prevent any occupant of premises within the City limits from repairing

his own motor vehicles or vehicle or machinery on his premises even though exposed to public view, so

long as the person pursues the work to completion with reasonable diligence; provided, however, that any

vehicle which remains out of running condition with any wheel, tire, engine, body or other major part

removed there from for a period in excess of twenty (20) days, while remaining exposed to public view,

shall be deemed to be prima facie evidence that the vehicle or motor vehicle is not being diligently repaired

and constitutes a violation of this chapter.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 44

(Ord. 2442 §2 Ex. B(part), 1986).

10.61.060 Person responsible.

The owner of any private property within the City limits shall be absolutely responsible for any violation of

the chapter.

(Ord. 2646 §(part), 1994; Ord. 2442 §2 Ex. B(part), 1986).

10.61.070 Notice.

Whenever it comes to the attention of the Planning and Community Development Director that a nuisance

exists within the City limits due to the maintenance or presence of abandoned, wrecked, junked or

dismantled motor vehicles or vehicles upon private property within the City limits, a notice in writing shall

be served upon the occupant of the land where the nuisance exists, or in the case there is no such occupant,

then upon the person being the owner of the property, notifying them of the existence of the nuisance and

ordering its removal in the time specified in this chapter.

A. Notice shall be given by United States mail, postage prepaid, addressed to the occupant or the

person who is the owner at the last known address as exists upon the records of City. An

alternative notice may be served in the same manner as other legal process is served in the State.

B. The Planning and Community Development Director shall give the notice for the removal of the

items which constitute the nuisance at least fourteen (14) days before the time of compliance with

the notice. The notice shall specify clearly the abandoned, wrecked, junked or dismantled motor

vehicles or vehicles, or parts thereof upon the private property, which constitutes the nuisance

and shall order the removal of the same as specified within this chapter. The notice shall advise

that failure to remove or cover as specified in the notice shall render the person so served subject

to prosecution for violation of this chapter and the penalty therefore as set forth in this chapter.

The notice shall contain the name, address and telephone number of the Planning and

Community Development Department for contact by the occupant or owner.

(Ord. 2442 §2 Ex. B(part), 1986).

(Ord. No. 3057, § 1, 8-17-2010)

10.61.080 Violation and penalty.

A. Failure of the person or persons responsible for the removal or covering of abandoned, wrecked,

junked or dismantled motor vehicles or vehicles or parts thereof to remove or cover the same within

the time specified in the notice, after the same has been served as provided in this chapter, constitutes

a violation of the chapter which shall be punishable by a fine not to exceed five hundred dollars

($500.00). It is specifically provided that each day a violation continues after the time for removal or

covering specified in the notice, constitutes a separate offense, thereby subjecting the person or

persons in violation thereof to a daily fine until the abandoned, wrecked, junked or dismantled motor

vehicles or vehicles or parts thereof are removed from the private property, or covered, as provided in

the notice.

B. In any action or proceeding brought for the violation of this chapter, as defined in this chapter, the

reasonable cost and expense to City in connection with the mailing or serving of notice and the

inspection of the private property in question, shall be awarded to City as part of the court's sentence.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 45

(Ord. 2442 §2 Ex. B(part), 1986).

Chapter 66 SNOWMOBILES

[1]

10.13.010 A condition prohibited.

10.13.020 Repair.

10.13.010 A condition prohibited.

An abandoned or junked vehicle on a private, non-permitted, premises is hereby declared a

condition prohibited pursuant to OCCGF Title 8, Chapter 51.

10.13.020 Repair.

Vehicles may be repaired by non-commercial property owners or occupants in public view. Said

repairs must be pursued to completion. Dismantled vehicles must be covered when not being

repaired. Vehicles not fully repaired within twenty (20) calendar days are presumed to be

abandoned.

Chapter 14 SNOWMOBILES

Sections:

10.66.010 Definitions.

10.66.020 Prohibited where.

10.14.010 Definitions.

10.14.020 Prohibited where.

10.6614.030 Penalty.

10.14.010 Definitions.

Pursuant to this Chapter, unless otherwise specified, the following definitions apply.

A. "Operator" includesmeans every person who operates or is in actual physical control of

the operation of the snowmobile.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 46

"Person" includes any individual, partnership, association or corporation, or any other body or groups of

persons, whether incorporated or not, and regardless of the degree of formal organization.

B. "Snowmobile" includesmeans any self-propelled vehicle designed primarily for travel on

the snow or ice or natural terrain, which may be steered by wheels, skis or runners, and

which is not otherwise registered or licensed under the laws of theMontana State law.

(Prior code §10-2-30(A)).

10.66.14.020 Prohibited where.

It is unlawful for any person or operator to drive any snowmobile upon any public streets, avenues,

highways, roadways, alleys or sidewalksrights-of-way within the incorporated City limits, or upon any

public parks or public grounds within the City.

(Prior code §10-2-30(B)).

FOOTNOTE(S):

--- (1) ---

For statutory provisions regarding snowmobiles, see RCM 53-1012 et seq. (Back)

10.14.030 Penalty.

A violation of this Chapter is a misdemeanor punishable by a fine not to exceed five-hundred

dollars ($500.00), a term not to exceed six months in jail, or both.

Chapter 6915 MOTORCYCLES

Sections:

Section:

10.69.020 Driving on sidewalks and in public parks or grounds prohibited.

10.15.010 Driving on sidewalks and in public parks or grounds prohibited.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 47

10.6915.020 Penalty.

10.15.010 Driving on sidewalks and in public parks or grounds prohibited.

It is unlawful for any person or operator to drive any motorcycle or other power driven two-wheel vehicle

upon the sidewalks within the City or upon that portion of any public park or public grounds where no

roadway is provided.

(Ord. 2646 § (part), 1994; Prior code §10-2-10 (2)).

(Ord. No. 3057, § 1, 8-17-2010)

10.15.020 Penalty.

A violation of this Chapter 71is a misdemeanor punishable by a fine not to exceed five-hundred

dollars ($500.00), a term not to exceed six months in jail, or both.

Chapter 16 HANDICAP ZONE

Section:

10.71.010 Handicap zone.

Sections:

10.16.010 Handicap zone.

10.7116.010 Handicap zone.

A. No person shall park a motor vehicle in a parking space designated and reserved for the

physically handicapped, unless:

1. Such person is physically handicapped in a manner rendering it difficult and

burdensome for such person to walk, or such person was operating the vehicle

under the direction of such a physically handicapped person; and

2. The vehicle visibly bears or contains the certificate or insignia issued to physically

handicapped persons by the City or visibly bears or contains a special

handicapped license plate or permit issued to physically handicapped persons by

any State or City.

B. Notice of such designation of handicapped parking spaces shall be given by posting

appropriate signs.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 48

C. In any prosecution charging a violation of the above provisions, the owner or person or

corporation in whose name said vehicle is registered shall be held absolutely responsible

for said violation and subject to the penalty therefore.

D. A violation of this section shall constituteis punishable by a misdemeanor. Vehicles in

violation may be removed, impounded, and kept in custody at the direction of the Chief of

Policefine set by Commission resolution.

(Ord. 2676, 1995; Ord. 2646, 1994; Ord. 2353, 1984; Ord. 2031, 1977).

Chapter 72 BICYCLES

Section:

10.72.010 Riding on sidewalks—prohibited where—regulation.

A. It is unlawful for any person to ride a bicycle upon a sidewalk within the central business district east

of the west line of Park Drive.

B. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to

any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

(Ord. 2646 § (part), 1994; Prior code §10-1-19).

C. Bicycles operated as part of the City bike patrol program are exempt from 10.72.010(A).

(Ord. 2708; 1996)

Chapter 7317 TRAILERS

Section:

10.73.010 Occupancy regulations.

Sections:

10.17.010 Occupancy regulations.

10.7317.020 Penalty.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 49

10.17.010 Occupancy regulations.

No trailer as defined in Section 10.15.010, subsection 32-2105, or motor vehicle as defined in Section

10.15.010, subsection 32-2101(b),by this Title, shall be occupied either permanently or temporarily as a

dwelling place, or living abode while parked on any street, avenue, alley or highway, or other public place

unless otherwise authorized by law. OCCGF Title 17 or other applicable Federal or State law.

(Ord. 1984, 1976: prior code §10-2-33).

10.17.020 Penalty.

A violation of this Chapter 75is a misdemeanor punishable by a fine not to exceed five-hundred

dollars ($500.00), a term not to exceed six months in jail, or both.

Chapter 18 TOLL LOCATIONS

Sections:

10.75.010 Prohibited.

10.75.020 Exception.

10.18.010 Tolls prohibited.

10.18.020 Penalty.

10.7518.010 ProhibitedTolls prohibited.

It is unlawful for any person, firm, corporation or organization, charitable or otherwise, to occupy, stand in,

and/or use any portion of any public street, highway or bridgeright-of-way for the purpose of establishing

a toll location through which vehicular traffic must pass in order to collect funds or make any other contact

or solicitation from the driver or occupant of any vehicle using the public street, highway or bridge within

the City. without prior written authorization from the City Manager.

(Prior code §10-2-11).

10.75.18.020 Exception Penalty.

The City Manager may approve a toll request provided that:

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 50

A. The requesters are sworn public safety officers trained in emergency scene management,

accident prevention, traffic control, personnel and public safety, advanced medical training, and

are experienced in the appropriate methods to set up and operate a safe tolling exercise.

(Ord. 2757, 1999).

B. The requesters submit a traffic plan which includes the date, time and location for the tolling

activity, traffic control descriptions for each location, and a one million dollar ($1,000,000.00)

general liability policy naming the City as additional insured.

C. No more than one (1) toll will be granted per calendar year.

Chapter 78A violation of this Chapter is a misdemeanor punishable by a fine not to exceed five-

hundred dollars ($500.00), a term not to exceed six months in jail, or both.

Chapter 19 LIABILITY FOR STREET DAMAGE

Sections:

10.78.010 Applicability.

10.78.020 Owner and driver of vehicle jointly liable.

10.78.030 Civil action.

10.19.010 Applicability.

10.19.020 Owner and driver of vehicle jointly liable.

10.19.030 Civil action.

10.7819.010 Applicability.

Any person driving any vehicle, object, or contrivancedevice upon any street or street structure shall be

liable for all damage which the street or structure may sustain as a result of any illegal operation, driving,

or moving of suchthe vehicle, object, or contrivancedevice, or as a result of operating, driving or moving

any vehicle, object, or contrivancedevice weighing in excess of the maximum weight in this titleTitle except

Chapters 10.51 and 10.72 but is authorized by a special permit issued as otherwise provided in this title

except Chapters 10.51 and 10.72or permitted.

(Prior code §10-2-29(A)).

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 51

10.78.19.020 Owner and driver of vehicle jointly liable.

A. Whenever such driver is not the owner of such vehicle, object, or contrivancedevice, but

is so operating, driving, or moving the same with the express or implied permission of the

owner, then the owner and driver shall be jointly and severally liable for any such damage.

(Prior code §B. The Public Works Director may, in his or her discretion, authorize an

individual liable for damage pursuant to this Chapter to repair any damage caused

to the same or better condition before the damage was caused or to any other legally

mandated condition.

10-2-29(B)).

10.78.19.030 Civil action.

Such damage may be recovered in a civil action brought by the authoritiesCity in controla Court of such

streets or street structurecompetent jurisdiction.

(Prior code §10-2-29(C)).

Chapter 8420 EXCESS SIZE AND WEIGHT PERMITS

Sections:

10.84.010 Issuance—conditions.

10.84.020 Display—violation—penalty.

10.20.010 Issuance conditions.

10.20.020 Penalty.

10.8420.010 Issuance—conditions.

The City Engineer is authorized to issue or withhold such special permit at his discretion, or if such permit

is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the

vehicle described may be operated on the public streets indicated, or otherwise to limit or prescribe

conditions of operation of such vehicle or vehicles when necessary to assure against damage to the road

foundation, surfaces or structures or safety or traffic and may require such undertaking or other security as

may be deemed necessary to compensate for injury to any street or road structure.

(Ord. 2646 § (part), 1994; Prior code §The City Engineer is authorized to issue, revoke, or deny

permits for the operation of vehicles of excess size and weight pursuant to adopted written policy

on file at the Great Falls Public Works Department. A permit issued pursuant to this Chapter shall

describe any applicable conditions for the operation of the vehicle subject to the permit.

10-2-26(A))

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 52

10.84.20.020 Display—violation—penaltyPenalty.

A. Any person who knowingly andor willfully misrepresents the size or weight of any load in

obtaining a special permit orpursuant to this Chapter, does not follow the requirement

and conditions of the special permit, or who operates any vehicle, the gross weight of which

is in excess of the maximum for such vehicle may be eligible for license, requiring a permit

pursuant to this Chapter without first obtaining a speciala permit, is guilty of a

misdemeanor. punishable by a fine not to exceed five-hundred dollars ($500.00), six

months in jail, or both.

B. Every special permit issued underpursuant to this chapterChapter shall be carried in the

vehicle or combination of vehicles to which it refers and shall be open to inspection by the

Police Officerlaw enforcement.

C. A complaint filed and a summons or notice to appear issued pertaining to a violation of the gross

weight regulations in this chapter shall specify the amount of the over-weight which the defendant is

allowed to have had upon the vehicle or combination of vehicles.

(Ord. 2646 § (part), 1994; Ord. 2186, 1980)

Chapter 87 VIOLATION PENALTY

Sections:

10.87.010 Definitions.

10.87.030 Illegally parked vehicle—notice—procedure.

10.87.040 Illegally parked vehicle—notice—failure to comply.

10.87.050 Illegally parked vehicle—presumption.

10.87.060 Illegally parked vehicle—warrant issued when.

10.87.070 Disposition of fines and parking meter revenue.

10.87.080 Fines and forfeitures—official misuse.

10.87.090 Penalties and administrative fees.

10.87

Chapter 21 PARKING VIOLATIONS

Sections:

10.21.010 Illegally parked vehicle notice.

10.21.020 Illegally parked vehicle notice of failure to comply.

10.21.030 Illegally parked vehicle presumption.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 53

10.21.040 Illegally parked vehicle warrant issued when.

10.21.050 Disposition of fines and parking meter revenue.

10.21.060 Fines and forfeitures official misuse.

10.21.070 Penalties and administrative fees.

10.21.010 Definitions.

"Parking Official" for purposes of Title 10, Chapter 87 means: peace officers and other persons

designated by the City Commission.

(Ord. No. 3122, § 3, 12-2-2014; Ord. 2646 § (part), 1994)

10.87.030 Illegally parked vehicle— notice—procedure.

Whenever any motor vehicle without a driver is found parked or stopped in violation of any of theState or

local restrictions imposed by the laws of this City or by State law, the Parking Official finding such vehicle

shall take its registration number and may take any other information displayed on the vehicle which may

identify its owner and shall conspicuously affix to such vehicle a notice in writing on a form provided by the

City for the owner to answer to or pay the charge against the driver within the time set forth in the notice

during the hours and at a place specified in the noticepost written notice of the violation on the vehicle

indicating any applicable penalties and the place where any applicable fines may be paid or

contested.

(Ord. No. 3122, § 3, 12-2-2014; Ord. 2646 § (part), 1994)

10.87.04021.020 Illegally parked vehicle— notice— of failure to comply.

If aan alleged violator of the restrictions on stopping, standing, or parking under the traffic lawslegally

authorized restriction does not appear in response to a notice affixed to such motor vehicle within the

time set forth in the notice, the City shall implement the following process:

1. A. The penalty for a violation of this section occurring in a parking management district must

be paid within thirty (30) calendar days of the date of the citation. If payment is not received

within that time, an administrative fee will be added to the violation. The penalties and fees

will be set by Commission resolution of the City Commission, as provided by Section

10.87.090 of this chapter.

2. B. After thirty (30) days without payment, a statement of the amount due for the violation and

the administrative fee will be sent to the address associated with the license plate in the

records of vehicle registrations maintained by the appropriate licensing agency or authority.

3. C. After sixty (60) days without payment, a second statement of the amount due for the

violation and the administrative fee will be sent to the address associated with the license

plate in the records of vehicle registrations maintained by the appropriate licensing agency

or authority.

4. D. After ninety (90) days without payment, a third statement that is clearly marked as a pre-

collection notice of the amount due for the violation and the administrative fee will be sent

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 54

to the address associated with the license plate in the records of vehicle registrations

maintained by the appropriate licensing agency or authority.

5. E. After one hundred twenty (120) days without payment, the amount due for the violation and

the administrative fee will be referred to a collection agency. If the payment through

collection efforts is not received within ten (10) months of the date of the citation, the City

may request an arrest warrant and proceed with an action through the Municipal Court as

provided by other sections of this chapterChapter.

6. F. Proceedings through the Municipal Court for enforcement of this titleTitle must be filed

within one (1) year of the date of the citation.

(Ord. No. 3122, § 3, 12-2-2014; Ord. 2646 § (part), 1994; Prior code §10-2-16(F))

10.87.050.21.030 Illegally parked vehicle— presumption.

If any vehicle is found stopped or parked in any manner violative of the provisions of Title 10 of the Official

Code of the City of Great Fallslegally authorized restrictions, the owner, person, or corporation in whose

name said vehicle is registered shall be held absolutely responsible for said violation and subject to the

penalty thereforeapplicable penalties.

(Ord. No. 3122, § 3, 12-2-2014; Ord. 2321 § 1, 1983)

10.87.06021.040 Illegally parked vehicle— warrant issued when.

In the event any person fails to comply with a notice so given toserved on the person or attached to a

vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal

courtMunicipal Court, or if any person fails or refuses to deposit bail as required and within the time

permitted by law, Municipal Court may, at its discretion, issue a warrant of arrest.

(Ord. No. 3122, § 3, 12-2-2014; Prior code § 10-2-16(H))

10.87.070.21.050 Disposition of fines and parking meter revenue.

A. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person

charged with a violation of any of the provisions of this Title except Chapter 10.72 shall be

paid to the Planning and Community Development Department and deposited in the

parking fund, to be expended to defray the expense of proper:

1. Proper regulation of traffic and parking;

2. Parking upon theCity public streets of the City, to provide;

3. Provide for the cost of supervision, regulation, and control of parking vehicles; and

4. To cover the cost of purchase, supervision, operation, maintenance, control and

use of parking meters.

B. All revenue obtained from and through the use of parking meters shall be appropriated by

the City to pay for the operation and maintenance of on street and off -street parking

facilities.

Exhibit “B”

Title 10 VEHICLES AND TRAFFIC

Great Falls , Montana, Code of Ordinances Page 55

(Ord. No. 3122, § 3, 12-2-2014; Ord. No. 3057, § 1, 8-17-2010; Ord. 2646 (part), 1994; Prior

Code § 10-2-16(I))

10.87.080.21.060 Fines and forfeitures— official misuse.

Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody

of any such fine or forfeiture, either before or after a deposit in the fund, to comply with the foregoing

provisions of this chapterChapter, shall constitute misconduct in office and shall be grounds for removal

therefrom.

(Prior code § 10-2-16(J))

10.87.09010.21.070 Penalties and administrative fees.

Penalties and administrative fees for violations of this titleTitle shall be set by Commission resolution of

the City Commission. .

(Ord. 3188, 2018; Ord. 3146, 2016; Ord. 3122, 2014; Ord. 3090, 2012; Ord. 3057, 2010; Ord. 3042, 2009;

Ord. 2951, 2006; Ord. 2867, 2004; Ord. 2819, 2002; Ord. 2815, 2002; Ord. 2802, 2001; Ord. 2790, 2000;

Ord. 2757, 1999; Ord. 2708, 1996; Ord. 2707, 1996; Ord. 2676, 1995; Ord. 2646, 1994; Ord. 2640, 1994;

Ord. 2633, 1992; Ord. 2521, 1989; Ord. 2520, 1989; Ord. 2469, 1987; Ord. 2457, 1987; Ord. 2456, 1987;

Ord. 2446, 1987; Ord. 2443, 1986; Ord. 2442, 1986; Ord. 2383, 1985; Ord. 2353, 1984; Ord. 2321, 1983;

Ord. 2305, 1982; Ord. 2283, 1981; Ord. 2245, 1981; Ord. 2219 1980; Ord. 2189, 1980; Ord. No. 3122, §

3, 12-2-2014; Ord. 2188, 1980; Ord. 2186, 1980; Ord. 2052, 1979; Ord. 2021, 1977; Ord. 1987, 1976;

Ord. 1974, 1976; Ord. 1627, 1969; Ord. 1471, 1964; Ord. 1454, 1963; Ord. 1217, 1956; Prior codes §§

10-1-19; 10-2-1(M); 10-2-2(D), 10-2-2(E); 10-2-3(C), 10-2-3(I); 10-2-5(A), 10-2-5(B); 10-2-7(A), 10-2-7(B),

10-2-7(C); 10-2-8(A), 10-2-8(B); 10-2-9(F), 10-2-9(G), 10-2-9(L), 10-2-9(M), 10-2-9(Z); 10-2-10(2); 10-2-

11; 10-2-12(A), 10-2-12(D), 10-2-12(E); 10-2-13(A), 10-2-13(B), 10-2-13(C), 10-2-13(D); 10-2-14, 10-2-

14(A), 10-2-14(B), 10-2-14(C), 10-2-14(E), 10-2-14(F), 10-2-14(G)(1), 10-2-14(G)(2), 10-2-14(G)(3), 10-2-

14(G)(4), 10-2-14(G)(5), 10-2-14(G)(6); 10-2-16(F), 10-2-16(H), 10-2-16(I), 10-2-16(J); 10-2-20(A), 10-2-

20(B); 10-2-26(A); 10-2-27(A), 10-2-27(B), 10-2-27(D); 10-2-28; 10-2-29(A), 10-2-29(B), 10-2-29(C); 10-

2-30(A), 10-2-30(B); 10-2-33)2707, 1996; Ord. 2646 (part), 1994; Ord. 2469 § 1, 1987: Ord. 2456 § 1,

1987: Ord. 2443 § 2, 1986: Ord. 2321 § 2, 1983).