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HomeMy WebLinkAboutOrdinance 85- 1171 Repeals and replaces Ch. 12.24, snow removal from sidewalks 496 ORDINANCE NO. 1171 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS; PROHIBITING DEPOSITING OF SNOW AND ICE IN CERTAIN PLACES; AND IMPOSING PENAL TIES. BE IT ORDAI NED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: I Section 1 12.24.010 Definitions The following definition shall apply in the interpretation and enforcement of this ordinance: (a) "Person" means any individual, business association, partnership, corporation or other legal entity. (b) "Lot" means a parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings and which may include more than one (1) platted lot. (c) "Front lot line" means the front boundary line of a lot bordering on the street and, in the case of a corner lot, may be either frontage. (d) "Rear lot line" means the rear boundary line or lines of a lot located opposite its front lot line. (e) "Street" or "highway" means the entire width between the exterior boundary lines of every publicly maintained way or other public or private place adapted and fitted for the I use of the public for purposes of vehicular travel. (f) "Arterial street" means any U. S. or State numbered route, controlled access highway or other major radial or circumferential street or highway designated by the City as part of its major arterial system. (g) "Roadway" means that portion of a street or highway improved, designed, or ordinari Iy used for vehicular travel or parking, exclusive of the berm or shoulder. (h) "Sidewalk" means that portion of a street between the curb line, or the lateral lines of a roadway, and the adjacent property line paved and intended for the use of pedestrians. (i) "Business day" is any day not a Sunday or a national holiday. (j) "Business district" includes all lots located with an R-O, B-1, B-2 or B-3 District as defined in the zoning title of the Bozeman Municipal Code excepting however, those lots which are occupied solely by one or more dwelling units. (k) "Business hours" are the hours between 9:00 a.m. and 5:00 p.m. on any business day. ( I) The "director" is the Director of Public Service (Works) or his duly designated and acting representative. (m) The "City" is the City of Bozeman. I Section 12.24.020 Snow and Ice to be Removed from Sidewalks. (a) Every person in charge or control of any building or lot of land within the City fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, ORDINANCE NO. 1171 .487 shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of said sidewalk as is in front of or abuts on said building or lot of land. (1) Sidewalks which front on or abut both the rear lot line of a lot and an arterial street shall be excepted from this ordinance. I (2) Except as so provided in Subsection (b) hereof, snow and ice shall be removed from sidewalks in all business districts within the City by 9:00 a.m. of the next business day, by 12: 00 noon of the next non-business day or within four (4) business hours after the cessation of any fall of snow, sleet or freezing rain, whichever period is shorter. (3) Except as provided in Subsection (b) hereof, snow and ice shall be removed from all other sidewalks within the City within the first twenty-four (24) hours after the cessation of any fall of snow, sleet or freezing rain. (b) However, in the event the director, in his discretion, determines that the snow and ice on a sidewalk has become so hard that it cannot be reasonably removed he may request that the person charged with its removal cause sand or other suitable substance to be put on the sidewalk to make travel thereon reasonably safe; said person or entity shall comply with such a request within the time mentioned in Subsection (a) hereof and shall then. as soon thereafter as weather permits, cause said sidewalk to be thoroughly cleaned. I Section 12.24.030 Depositing of Snow and Ice Restricted. No person shall deposit or cause to be deposited any accumulation of snow or ice on or against a fire hydrant or on any sidewalk, roadway, curb or gutter, any loading and unloading area of a public transportation system or any area designated for use by emergency vehicles for access. Section 12.24.040 Violations; Work Done, Liability Therefore; Civi I Penalty and Collection. (a) In the event of the failure of any person to clear away or treat with abrasives and subsequently clear away any snow and ice from any sidewalk as hereinbefore provided, or cause this to be done, the director may. as soon as practicable after such failure, cause such work to be done. (b) The director shall ascertain and keep a record of the exact date and cost of all work he causes to be done in accordance with this section on account of each act or omission of each person; a legal description of the lot or lots fronting or abutting on the sidewalks cleared along with the street address; and he shall identify the owner(s) of the premises along with any tenant(s), occupant(s) or lessee(s) with particularity. I (c) Each person whose act or omission makes it necessary that the director cause work to be done in accordance with this section shall be liable to the City for the cost of such work plus a civil penalty of Twenty Dollars ($20) or twenty percent (20%) of such costs, whichever is greater. ORDINANCE NO. 1171 4~l8 (d) The director shall give each person written notice of the amount owed to the City as soon as practicable. The payment of such amount may be enforced through suit for collection or by levying an assessment on the premises or both. (e) In the event of assessment, the City Commission shall annually and before the first Monday of October of each year pass and adopt a resolution levying an assessment and I tax against each lot or parcel of land fronting or abutting on the sidewalks cleared under the order of the director and according to his report. Upon all assessments levied and assessed in accordance with the provisions of this chapter . simple interest shall be charged at the rate of ten percent (10%) per year from the date when the work is performed and up to the date when the assessment becomes due and payable. Section 12.24.050 Criminal Penalties. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than Twenty- Five Dollars ($25) or more than Three Hundred Dollars ($300). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Section 12.24.060 Legislative Intent. It is the intent of the City Commission that the criminal offenses listed in Chapter 12.24 of the Bozeman Municipal Code be offenses involving absolute liability. I Those offenses shall not require proof of anyone of the mental states described in Sub- sections (33), (37). and (58) of Section 45-2-101, M.C.A. Section 2 Savings Provision This ordinance does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this ordinance. Section 3 Severabi Iity If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the ordinance and the applicability thereof to other persons and circumstances shall not be affected thereby. Section 4 I Ordinances Repealed All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Ordinance No. 502, entitled "An ordinance providing for the removal of snow from the sidewalks in the City of Bozeman," finally passed on March 4, 1920. ORDINANCE NO. 1171 .. ~99 PROVISIONALL Y PASSED I ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this day of , 1984. I MAYOR ATTEST: CLERK OF THE CITY COMMISSION FINALL Y PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 28th day of Janurary , 1985, and effective thirty (30) days after said date. MAYOR ATTEST: CLERK OF THE CITY COMMISSION I State of Montana ) County of Gallatin : ss City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman I Montana, do hereby certify that the foregoing Ordinance No. 1171 was published in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue dated the 6th day of February 1985, and said proof of such publication is on file in my office. I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 15th day of February 1985. Clerk of the City Commission I ORDINANCE NO. 1171