The Billings City Code contains sections that provide special parking privileges for persons with disabilities.  Montana Code Annotated Section 49-4-301 et.seq. states the same or similar privileges.  The State Code allows local governments to establish unlimited time parking for disabled persons except in certain locations.  The City Code allows disabled persons to park free and without time limits in any City on-street or off-street parking space and lists the same exceptions as State Code.  The City’s first fully automated parking garage and its equipment cannot distinguish between disabled and able-bodied persons and their vehicles. Therefore, the staff and Parking Advisory Board (PAB) had to consider how and whether to allow unlimited time and free parking in the regulated parking areas of downtown.  The PAB considered the alternatives and recommends that the City Council amend the City Code to eliminate free and unlimited time parking for disabled persons.  This would treat disabled persons the same as all other parkers, which is allowed by both state and federal law.  An organization that represents handicapped individuals was consulted about the changes and commented that the availability of parking spaces is more important that time limits or paying for parking.  However, there may be handicapped individuals who will object to the changes.   The proposed ordinance makes a few other, minor changes to the code to bring it into conformance with state law.  

 The City Council must conduct a public hearing and may:

• Approve the ordinance on first reading and consider final adoption on August 25.
• Disapprove the ordinance and continue providing unlimited time and free parking for handicapped persons.  There would have to be exceptions for the Empire Garage.
• Amend the proposed ordinance and adopt it on first reading.  The options could include continuing to allow unlimited time parking or to allow free parking.  As an example, Great Falls allows unlimited time but charges for parking in handicapped spaces.  There would have to be exceptions for the Empire Garage.

There could be a small, beneficial financial impact for the City.  There are less than10 signed, on-street handicapped parking spaces in downtown and the PAB does not recommend installing meters to collect revenue, but does recommend applying the appropriate time limits – usually 2 hours.  The change might increase Parking Fund income if persons presently parking in those spaces purchase monthly parking passes in order to obtain all-day parking privileges.  Each parking garage has handicapped parking spaces; usually 3 or 4 per parking level.  The City would charge for hourly or monthly parking in these spaces and generate a small amount of additional income.  There could be a small amount of increased enforcement revenue if handicapped persons violate time restrictions and are cited for those violations.

The Parking Advisory Board recommends that the City Council conduct a public hearing and approve the proposed ordinance that would eliminate free and unlimited time handicapped parking.