Staff is presenting proposed amendments to the Billings, Montana City Code (BMCC) concerning accessible parking and related parking enforcement procedures for City Council discussion and input. The following is a list of the amended ordinances:

• BMCC 24-441 Purpose
• BMCC 24-442 Definitions
• BMCC 24-443 Accessible parking; extent of privileges; prohibited parking
• BMCC 24-443.1 Requirements for accessible parking spaces
• BMCC 24-445 Penalty
• BMCC 24-1004 Parking violation—Procedure Generally
• BMCC 24-1007 Authorization to tow or use vehicle immobilizer
• BMCC 24-1008 Procedure for vehicle immobilization
• BMCC 24-1011 Penalty for violations

Staff requests Council’s direction on the proposed changes, so a revised ordinance may be brought back for a public hearing and first reading at a future business meeting.

Staff requests Council discussion and input on the proposed accessible parking and parking enforcement amendments. The amendments are intended to update City Code terminology and procedures, establish a consistent accessible parking fine, and clarify how qualifying parking authorization is reviewed after a citation. Following Council’s direction and final legal review, staff would return with an ordinance for public hearing and first reading.

The proposed amendments update BMCC Article 24, Division 3, Accessible Parking for Persons with Disabilities, and related provisions in Article 24-1000. They revise outdated terminology and definitions, address use of accessible parking spaces and access aisles, and refer to applicable state and federal requirements for accessible spaces and signs.
The draft establishes a $250 fine for violations of Division 3. It also provides a process to void a citation when a person presents qualifying parking authorization that was issued before the violation and valid at the time, within three business days after the citation. Related enforcement amendments would increase the unpaid parking citation threshold for vehicle immobilization from $50 to $200. The attached redline shows the proposed language.

Implementation may involve costs to update City-controlled accessible parking signs and related materials. The proposed fine and vehicle immobilization threshold may also affect citation revenue and collections. The net fiscal effect has not yet been determined. Staff will provide an estimate if needed before the ordinance returns for action.

Stakeholders include people who use accessible parking, other motorists, owners and operators of property with accessible parking spaces, and the City employees and other agencies that issue parking citations. Parking Division staff will coordinate implementation of the ordinance and updates to City-controlled signs with the appropriate City departments.

City Council may:

• Direct staff to bring the proposed amendments to a future business meeting for consideration;
• Suggest changes and direct staff to bring a revised ordinance to a future business meeting; or
• Direct staff not to proceed with the proposed amendments at this time.