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HomeMy WebLinkAboutOrdinance 89- 1278 Park regulations, repeals 88 12.28.010 and 12.28.020, streets, sidewalks and public places BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: SECTION 1 - Intent The provisions of this chapter shall apply to all park lands in the City of Bozeman, whether dedicated, deeded, or otherwise acquired for park purposes. SECTION 2 - Definitions For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. A. "Animal" means all living creatures, domesticated or wild, including mammals, fish, reptiles, amphibians and birds. B. "City" is the City of Bozeman. C. "Director" shall mean the Director of Public Service or his designee. D. "Fireworks" shall mean any combustible or explosive composition or any substance, combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, or any device containing explosive or flammable compound, whether solid, I iquid or gaseous in form. E. "Park" is a park, playground, recreation complex or any other area in the City, developed or undeveloped, owned or used by the City, and devoted to active or passive recreation. F. "Person" is any individual firm, partnership, association, corporation, company or organization of any kind. G. "Vehicle" is any device in, upon or by which any person or property may be transported or drawn including snowmobiles. The term shall include any trailer in tow of any size, kind or description. Exception is made for bicycles, baby strollers and carriages, wheelchairs, and vehicles in the service of the City Parks and Recreation Division. H. II Domestic animals" are those which live in or about the habitations of people or which contribute to the support of people and include but not limited to the following: horses, cows, sheep. ducks, geese, chickens, dogs, cats, goats and other tamed animals. SECTION 3 - Prohibitions IT SHALL BE UNLAWFUL for any person in a Park to: 1. Mark, deface, disfigure, injure, tamper with or displace or remove any buildings, bridges, tables, benches, fireplaces, gri lis, railings, paving or paving material, water lines, equipment, signs, drinking fountains, swimming or wading pools, or other park property, improvements or appurtenances whatsoever, real or personal. 2. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six (6) years shall use the restrooms and washrooms designated for the opposite sex. 3. Dump dirt, grass and tree clippings or dig, remove, plant or deposit any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, or other means or agency except as authorized by the Director. I 38G ORDINANCE NO. 1278 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING SECTION 12.28.010 AND 12.28.020 OF THE BOZEMAN MU- NICIPAL CODE AND ESTABLISHING REGULATIONS FOR CITY PARKS AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. PREAMBLE The purpose of this ordinance is to provide for the health, safety and welfare of the public through the regulation of city parks. I I 4. Construct or tempora ry, or property, except or erect any building or structure of whatever kind, whether permanent run or string any public service utility into, upon or across park on special written permit issued hereunder. ORDINANCE NO. 1278 381 I 5. Damage, cut, carve, mark, transplant or remove any plant, or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of any area. 6. Climb any tree or walk, climb, stand or sit upon buildings, monuments, statues, vases, planters, fountains, rai lings, fences or upon any other structure not designated or customari Iy used for such purpose. 7. Attach any rope, cable, structure, device or other contrivance to any tree, fence, rai ling, bridge, bench, bui Iding or other structure unless otherwise posted. This prohibition does not include locking bicycles to the foregoing mentioned structures as long as no damage is done to the structure, so long as the bicycle does not interfer with the use and enjoyment of the park by others, and so long as the bicycle is not locked to said structure for a period of time not to exceed twenty-four (24) hours. 8. Litter or fail or refuse to deposit litter in provided garbage receptacles. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere. 9. Break glass objects and then fail to remove broken glass and safely dispose of the broken glass in such fashion so as not to cause injury to persons or property. 10. Cause or permit any domestic animal to run loose, or walk a dog or other domestic animal without a leash or lead, being longer than six (6) feet. Further, owner or person having custody of said dog or other domestic animal shall remove and properly dispose of the animaJls solid waste (fecal material). 11. Tie or hitch an animal to any tree or plant. 12. Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, nor remove from the park or have in his possession any animal, or the eggs or nest, or young of any animal. Exception to the foregoing is made in that snakes known to be poisonous may be ki lied on sight. Exception is further made to fishing where allowed by the Montana Department of Fish, Wildlife and Parks. This regulation does not apply to officers of state or local government duly acting within the course and scope of their duties. 13. Ride a horse except on designated horse trails. 14. Start a fire except in facilities installed and provided for such purpose. To fail to completely extinguish a fire upon leaving the park. 15. Camp overnight except in designated camping areas. 16. Display, offer to sell, or sell any article or service without first obtaining a permit from the Di rector. 17. Bring or discharge any firearm, air gun, bow and arrow, slingshot, atlatl, spear, boomerang or any other form of potentially dangerous weapon into the park. 18. Be in the park after being closed, either because of the night closure or closure following public notice or posting. 19. Possess or bring fireworks into the park, or cause said fireworks to be ignited or exploded in the park. 20. Skateboard, roller skate, ride a bike or similar device on any tennis court or in any drained swimming pool. 21. Practice golf with real golf balls in any park. SECTION 4 - Use Unless reserved according to the Park Reservation Procedure adopted by the Director, the use of the park or portion thereof by the public shall be on a first-come, first-served basis. SECTION 5 - Permits Park Permits. For the purpose of maintaining control of park usage, the following regulations are hereby adopted in the public interest to establish a set of standards and procedures for issuing permits to sell articles or services in connection with a community-oriented event approved by the City Commission. 1. A person seeking issuance of a permit to sell articles or services, shall file an application with the following information not earlier than twelve (12) months before the date requested: a. name, age, telephone number and address of applicant; b. name and address of sponsor of activity; I I ORDI NANCE NO. 1278 Fl"'''I''' I 388 c. day and hours for which permit is desired; d. the park or portion thereof for which the permit is desired; e. purpose of the request for permit or nature of activity; f. name and address of person responsible for cleanup, if different from applicant or sponsor; 2. No application will be considered unless accompanied with a non-refundable fee, if any, as established by Director. 3. The City of Bozeman, through the Di rector or Police Department shall have the authority to revoke a permit upon a finding of any violation of any rule or ordinance or upon good cause shown. 4. A person or group of persons issued a permit hereunder must abide by the restrictions placed upon the permit, as well as all state and local laws and ordinances. 5. The standards for issuance of a permit hereunder shall include the following findings: a. that the proposed activity or use of the park is appropriate for the named park and will not unreasonably interfere with or detract from the public1s use and enjoyment of the park; b. that the proposed activity or uses that are reasonably anticipated will not include violence, crime or disorderly conduct. d. that the proposed activity will not entai I extraordinary or burdensome expense on city or; e. that the facilities desired have not been reserved for other use on the date and hour requested in the application; applications meeting these standards wi II be issued on a first-come, first-served basis. 6. An applicant for a permit may be required to submit evidence of liability insurance covering injuries and property damage to members of the public arising out of such permitted activity in such amounts as may be determined from time to time prior to the commencement of the permitted activity. 7. The person or persons to whom a permit is issued shall be liable for any and all loss, damage or injury caused to or sustained by any person or the City associated with the use of the permit issued hereunder. SECTION 6 - Park Operating Policy 1. HOURS. All parks shall be open to the public every day of the year subject to the exceptions establ ished herein. 2. CLOS I NG. Any section or part of any park may be closed to the public by the Director. Notice of closing shall be posted in a conspicuous manner. 3. NIGHT CLOSURE. No person, without written permission of the Director, shall be physically present within the boundaries of any park between the hours of 11 :00 p.m. and 5:00 a.m. except in designated camping areas. SECTION 7 - Traffic Control 1. No person shall drive any vehicle through the park or upon park roads at a rate of speed exceeding fifteen (15) mi les per hour, or at such speeds as may be established by the Director. 2. Vehicles shall not be driven or parked off designated roads and parking areas without the written permission of the Director. 3. All persons shall obey the traffic laws of the State of Montana and the City of Bozeman. I SECTION 8 - Commission Authorization for Major Changes The City Commission shall authorize any conceptual changes, new development or redevelopment aspects of changes in all city parks proposed by the staff. New buildings, renovations or conceptual changes will be presented to the City Commission before construction or implementation. I SECTION 9 - Penalty Violation of any provision of this ordinance shall constitute a misdemeanor criminal offense and any person who violates or fai Is to comply with the provisions hereof shall, upon conviction, be fined not to exceed $500.00. ORDINANCE NO. 1278 I SECTION 10 - 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 11 - Severability If any part of this chapter is declared to be unconstitutional, or the applicability thereof to any person or circumstances is held invalid, such part shall be deemed severable from the other parts, and the invalidity thereof shall not affect the remaining parts of this chapter. SECTION 12 - Ordinances Repealed All other ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: That portion of Ordinance No. 932, entitled AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SECTION 11.04.376 OF THE BOZEMAN MUNICIPAL CODE PROHIBITING OPERATION OF MOTORCYCLES AND SNOWMOBILES WITHIN THE BOUNDARIES OF CITY CEMETERIES OR CITY PARKS WITHOUT OBTAINING WRITTEN PERMISSION FROM THE CITY OF BOZEMAN, passed on June 27, 1973, currently codified as Section 12.28.020, Bozeman Municipal Code insofar as applicable to parks; that portion referring to cemeteries is not repea led. Ordinance No. 1036, entitled AN ORDINANCE OF THE CITY OF BOZEMAN ENACTING CHAPTER 8.05 OF THE BOZEMAN MUNICIPAL CODE RESTRICTING THE USE OF LINDLEY PARK FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR BEFORE SUNRISE, passed on October 3, 1979, currently codified as Section 12.28.010 of the Bozeman Municipal Code. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 20th day of March, 1989. I Mary Vant Hull Temporary Chairman ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 3rd day of April, 1989 and effective thirty (30) days after said date. Alfred M. Stiff Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Ordinance No. 1278, was published by title number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 7th day of April, 1989, and said proof is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office. ROBIN L. SULLIVAN Clerk of the Commission ORD I NANCE NO. 1278 38~