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Bozeman appeals board upholds crosswalk parking citation, denies three absent appeals
Summary
The Bozeman City Administrative Review Appeals Board affirmed a parking manager decision to deny an appeal of a citation for parking within 20 feet of a crosswalk and denied three additional appeals when appellants failed to appear. The citation carried a $53.50 fine that increases if not paid within 10 business days.
The Bozeman City Administrative Review Appeals Board on May 13 affirmed a parking manager’s decision to deny an appeal of a citation for parking within 20 feet of a crosswalk and denied three other appeals when those appellants did not appear for their scheduled hearings.
The action matters because the board cited pedestrian safety and municipal code as the basis for upholding the citation, and appellants who do not appear for their scheduled hearing forfeit the right to a further appeal before the board.
Nick Fokin, the city’s parking manager, presented the contested case involving citation number 771166031 and told the board the officer’s photos showed the vehicle was within 20 feet of a crosswalk. Fokin said the city enforces the rule as a “safety triangle issue,” adding that the area around Montana State University sees heavy pedestrian traffic. He referenced Bells Memorial Municipal Code 36.040.03 as the basis for the citation.
The appellant, Cody Carlson, told the board he was from out of state and said snow had covered the usual yellow curb markings. Carlson said he “saw a slot open with no vehicle there looking available for my truck” and that he did not have the markings “all memorized.” He also said the spot “didn't look hazardous to any pedestrians at the time” based on his observation.
A board member identified in the record as Board Member 1 said they were “sympathetic” to Carlson’s explanation about snow covering paint but called adherence to traffic and parking rules part of being a responsible driver and said the safety concern — that parked vehicles near a crosswalk can block pedestrian sight lines — justified upholding the citation. A second board member, recorded as Board Member 2, said they agreed and would also vote to affirm the parking manager’s decision.
Board Member 1 moved to affirm the parking manager’s decision; Board Member 2 seconded the motion and the board voted to affirm. The citation amount presented at the hearing was $53.50.
Later in the meeting, three appellants scheduled for 2:00 p.m. — listed in the hearing record as Mike Lair, Daniel (last name not provided), Julian (last name not provided) and William Heim — did not appear. The board moved to deny those appeals and let the parking manager’s decisions stand. The record indicates that if appellants do not appear after being notified, their appeals are treated as declined by the board and they are not automatically granted another hearing.
Hearing staff explained post-hearing payment and appeal timelines: the fine increases by $20 if not paid within 10 business days, bringing the cited amount to $73.50, and appellants retain the option to appeal to a court judge as a next step.
The board adjourned after completing the scheduled appeals for the session.
