HomeMy WebLinkAboutOrdinance 82- 1118 Adopts code; adds Ch. 104, general provisions; repeals prior code §§ 1.04.010---1.04.050 and 1.04.070--1.04.090
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ORDINANCE NO. 1118
AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES OF A
REGULATORY AND PENAL NATURE AND CERTAIN ADMINISTRATIVE ORDI-
NANCES, AS THE OFFICIAL CODE OF THE CITY OF BOZEMAN; PROVIDING
FOR THE TITLE AND CITATION OF THE CODE; PROVIDING FOR DEFINI-
TIONS AND RULES OF CONSTRUCTION TO ENHANCE UNIFORMITY OF INTER-
PRETATION; AND REPEALING SECTIONS 1.04.010 THROUGH 1.04.050 I
AND 1.04.070 THROUGH 1.04.090 OF THE PRESENT MUNICIPAL CODE
OF THE CITY OF BOZEMAN.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
SECT! ON 1
Chapter 1.01
1. 01. 010 Adoption
There is hereby adopted the "Bozeman Municipal Code," as published by Book
Publ iShing Company, Seattle, Washington.
1. 01. 020 Title--Citation--Reference
This code shall be known as the "Bozeman Municipal Code" and it may be referred
to as the "Bozeman Municipal Code" in any prosecution for the violation of any provision
thereof or any proceeding at law or equity. Prosecutions for violations of Bozeman,
Montana's ordinances and actions based thereon shall refer to the "Bozeman Municipal
Code II sections as well as the underlying ordinance upon which the prosecution or action
is based. Amendments to any ordinance or portions thereof of Bozeman, Montana, shall
also refer to the "Bozeman Municipal Code" sections under which such ordinances are I
codified.
1. 01. 030 Provisions Codified
This code consists of all the regulatory and penal ordinances and certain of
the administrative ordinances of Bozeman, Montana.
1. 01. 040 Ordinances Passed Prior to Adoption of the Code
The last ordinance included in this code was Ordinance No. 1104, passed April 12,
1982. The following ordinances, passed subsequent to Ordinance No. 1104, but prior to
adoption of this code, are hereby adopted and made a part of this code:
These ordinances will appear in the subsequent supplement.
1. 01. 050 Reference Applies to All Amendments
Whenever a reference is made to this code as the "Bozeman Municipal Code" or to
any portion thereof, or to any ordinance of the City of Bozeman, Montana, the reference
shall apply to all amendments, corrections and additions heretofore, now or hereafter
made.
1. 01. 060 Title, Chapter and Section Headings
Title, chapter and section headings contained herein shall not be deemed to govern, I
limit, modify or in any manner affect the scope, meaning or intent of the provisions of
any title, chapter or section hereof.
1. 01. 070 Reference to Specific Ordinances
The provisions of this code shall not in any manner affect matters of record which
refer to, or are otherwise connected with ordinances which are therein speCifically desig-
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nated by number or otherwise and which are included within the code, but such reference shall
be construed to apply to the corresponding provisions contained within this code.
1. 01. 080 Effect of Code on Past Actions and Obligations
Neither the adoption of this code nor the repeal or amendments hereby of any ordinance
I or part or portion of any ordinance of the city shall in any manner affect the prosecution
for violations of ordinances, which violations were committed prior to the effective date
hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date
due and unpaid under such ordinances, nor be construed as affecting any of the provisons of
such ordinances relating to the collection of any such license, fee, or penalty, or the
penal provisions applicable to any violation thereof, nor to affect the validity of any
bond or cash depos it in 1 i eu thereof requi red to be posted, fil ed or depos ited pursuant to
any ordinance and all rights and obligations thereunder appertaining shall continue in full
force and effect.
1. 01. 090 Effective Date
This code shall become effective on the date the ordinance adopting this code as
the "Bozeman Municipal Code" shall become effective.
1. 01.100 Constitutionality
If any sections, subsection, sentence, clause or phrase of this code is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this code. The council hereby declares that it would have passed this
I code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the
fact that anyone or more sections, subsections, sentences, clauses or phrases had been
declared invalid or unconstitutional, and if for any reason this code should be declared
invalid or unconstitutional, then the original ordinance or ordinances shall be in full
force and effect.
SECTION 2
Chapter 1.04
General Provisions
1. 04.010 Definitions
The following words and phrases, whenever used in the ordinances of the City of
Bozeman, Montana, shall be construed as defined in this section unless from the context
a different meaning is intended or unless a different meaning is specifically defined and
more particularly directed to the use of such words or phrases:
a. "City" and "town" each mean the City of Bozeman, Montana, or the area within
the territorial limits of the City of Bozeman, Montana, and such territory
I outside of the City over which the City has jurisdiction or control by virtue
of any constitutional or statutory provision.
b. "City Commission" means the City Commission of the City of Bozeman. "All its
members" or "all commissioners" means the total number of commissioners holding
office.
ORDINANCE NO. 1118
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c. "County" means the county of Gallatin.
d. "Law" denotes applicable federal law, the Constitution and statutes of the state
of Montana, the ordinances of the City of Bozeman, and, when appropriate, any
and all rules and regulations which may be promulgated thereunder.
e. "May" is permissive. I
f. "Month" means a calendar month.
g. "Must" and "shall" are each mandatory.
h. "Oath" includes an affirmation or declaration in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words "swear"
and "sworn" shall be equivalent to the words "affirm" and "affirmed".
i. "Owner", applied to a building or land, includes any part owner, joint owner,
tenant in common, joint tenant, tenant by the entirety, of the whole or a part
of such building or land.
j. "Person" includes a natural person, jOint venture, joint stock company, partnership,
association, club, company, corporation, business, trust, organization, or the
manager, lessee, agent, servant, officer or employee of any of them.
k. "Personal property" includes money, goods, chattels, things in action and evidences
of debt.
1 . "Preceding" and "following" mean next before and next after, respectively.
m. "Property" includes real and personal property. I
n. "Real propertyU includes lands, tenements and hereditaments.
o. "Sidewalk" means that portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians.
p. UState" means the state of Montana.
q. "StreetU includes all streets, highways, avenues, lanes, alleys, courts, places,
squares, curbs, or other public ways in this city which have been or may hereafter
be dedicated and open to public use, or such other public property so designated
in any law of this state.
r. "TenantU and "OccupantU, applied to a building or land, include any person who
occupies the whole or a part of such building or land, whether alone or with others.
s. "Written" includes printed, typewritten, mimeographed, multigraphed, or otherwise
reproduced in permanent visible form.
t. "Year" means a calendar year unless otherwise provided.
1. 04. 020 Title of Office
Use of the title of any officer, employee, department, board or commission means
that officer, employee, department, board or commission of the city. I
1. 04 . 030 Interpretation of Language
All words and phrases shall be construed according to the common and approved usage
of the language, but technical words and phrases and such others as may have acquired
ORDINANCE NO. 1118
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a peculiar and appropriate meaning in the. law shall be construed and understood according
to such peculiar and appropriate meaning.
1. 04. 040 Grammatical Interpretation
The following grammatical rules shall apply in the ordinances of the City of Bozeman,
I unless it is apparent from the context that a difference construction is intended:
a. Gender. Each gender includes the masculine, feminine and neuter genders.
b. Singular and Plural. The singular number includes the plural and the plural includes
the singular.
c. Tenses. Words used in the present tense include the past and the future tenses
and vice versa, unless manifestly inapplicable.
1. 04. 050 Acts. by Agents
~Jhen an act is required by an ordinance, the same being such that it may be done as
well by an agent as by the principal, such requirement shall be construed to include all
such acts performed by an authorized agent.
1. 04. 060 Prohibited Acts Include Causing and Permitting
Whenever in the ordinances of the City of Bozeman, any act or omission is made unlawful,
it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing
the fact of such act or omission.
1. 04. 070 Computation of Time
Except when otherwise provided, the time within which an act is required to be done
I shall be computed by excluding the first day and including the last day, unless the last
day is Sunday ora holiday~ in which case it shall also be excluded.
1. 04 . 080 Construction
The provisions of the ordinances of the City of Bozeman, and all proceedings under
them are to be construed with a view to effect their objects and to promote justice.
1. 04. 090 Repeal Shall Not Revive Any Ordinances
The repeal of an ordinance shall not repeal the repealing clause of an ordinance
or revive any ordinance which has been repealed thereby.
1. 04 . 100 Repeal
All ordinances and parts of ordinances in conflict herewith, and specifically,
Sections 1.04.010 through 1.04.050 and 1.04.070 through 1.04.090, of the present municipal
code are hereby repealed.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana,
this 22nd day of November 1982.
I ALFRED M. STIFF, Mayor
ATTEST:
Clerk of the Commission
ORDINANCE NO. 1118
304
State of Montana )
County of Gallatin)
City of Bozeman )
I, Robin L. Sullivan, Clerk of the City Commission of the City of Bozeman, I
Montana, do hereby certify that the foregoing Ordinance 1118 was published by title
and number in the Bozeman Chronicle, a newspaper of general circulation printed and
published in said City of Bozeman, in the issue dated the 28th day of November 1982.
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of
my office this 28th day of November 1982.
Clerk of the Commission
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ORDINANCE NO. 1118