HomeMy WebLinkAboutOrdinance 85- 1179 Adds subsection (34) to 8 10.04.020, adds 810.08.272; repeals and replaces 8 10.08.270, vehicles and traffic
U23
ORDINANCE NO. 1179
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTIONS 10.04.202 AND 10.08.270 OF THE BOZEMAN
MUNICIPAL CODE, TO PROHIBIT CARELESS DRIVING ON THE WAYS OF THE
CITY OPEN TO THE PUBLIC.
I PREAMBLE
The purpose of this ordinance is to extend the prohibition against careless
driving from the streets and alleys to and including parking areas and other
public and private places adapted and fitted for public travel that are in
common use by the public.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Sect ion 1
That Section 10.04.020 of the Bozeman Municipal Code be and the same is hereby
amended to add the following:
10.04.202(34) Ways of This City Open to the Public.
"Ways of this city open to the public" means any highway, road, alley, lane, parking
area or other public or private place adapted and fitted for public travel that is in common
use by the public.
Sect ion 2
That Section 10.08.270 of the Bozeman Municipal Code be and the same is hereby
amended to read as follows:
10.08.270 Careless Driving Prohibited, Penalty.
I A. A person operating or driving a vehicle of any character on the ways of the city open
to the publ ic shall drive it in a careful and prudent manner so as not to unduly or
unreasonably endanger the life, limb, property or other rights of a person entitled to
the use of the way.
B. Any person who violates this section 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 Five Hundred Dollars ($500).
Sect ion 3
10.08.272 Legislative Intent.
It is the intent of the City Commission that the criminal offense listed in Section
10.08.270 of the Bozeman Municipal Code be an offense involving absolute liability. This
offense shall not require proof of anyone of the mental states described in subsections (33),
(37), and (58) of Section 45-2-101, M.C.A.
Sect ion 4
Savings Provision.
This ordinance does not affect rights and duties that matured, penalties that were
I incurred or proceedings that were begun before the effective date of this ordinance.
Sect ion 5
Severabi Jity .
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
ORDINANCE NO. 1179
U24
of the ordinance and applicability thereof to other persons and circumstances shall not be
affected thereby.
Sect ion 6
Ordinances Repealed. I
All ordinances or parts of ordinances in conflict, with the provisions of this ordinance
are hereby repealed. These are Ordinance No. 834 entitled AN ORDINANCE DEFINING
CARELESS DRIVING AND DECLARING THE SAME TO BE A MISDEMEANOR AND INCORPORATING
THIS ORDINANCE AS SECTION 11.04.373 AS A PART OF THE BOZEMAN MUNICIPAL CODE
AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH,
finally passed on September 6, 1961.
PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, this 20th day of May 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission I
!1 .; .
FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, this 3rd day of June 1985, and effective thirty days after said date.
"' I.:
KENNETH L. WEAVER, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
State of Montana )
County of Gallatin : ss
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Ordinance No. 1179 was published by title and number in the
Bozeman Daily Chronicte, a' newspaper of general circulation printed and published in said
City, in the issue dated the 6th day of June 1985, and said proof of such publication Is on I
file in my office. ' :' .; '" , I
I N WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my
office this 25th day of June 1985.
Clerk of the City Commission
ORDINANCE NO. 1179