HomeMy WebLinkAboutParking Resolution 2018-02 Recognizing Admin Orders 2018-02 and 2018-03 Restricing Access to City Property and Parking Garage Code of Conduct BOZEMAN PARKING COMMISSION
RESOLUTION 2018-02
A RESOLUTION OF THE PARKING COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RECOGNIZING
CITY MANAGER'S ADMINISTRATIVE ORDER 2018-02 (A POLICY RESTRICTING ACCESS TO CITY PROPERTY) AND
ADMINISTRATIVE ORDER 2018-03(A CODE OF CONDUCT FOR BOZEMAN DOWNTOWN PARKING GARAGEAND
TRANSFER STATION)."
WHEREAS, the Bozeman City Commission created and empowered the Bozeman Parking Commission
pursuant to Resolution Numbers 1676, 1839, and 3803; and,
WHEREAS, the Bozeman City Manager has issued Administrative Order 2018-02 (Adoption of Policy
Restricting Access to City Property) and Administrative Order 2018-03 (A Code of Conduct for Bozeman
Downtown Parking Garage and Transfer Station), according to authority granted by the City of Bozeman Charter,
Bozeman Municipal Code, and Montana Code Annotated; and
NOW THEREFORE, BE IT RESOLVED the Bozeman Parking Commission recognizes that Administrative
Order 2018-02 and 2018-03 properly assert the City of Bozeman's authority to regulate both public access and
conduct in the Bridger Downtown Parking Garage and Transfer Station, and prescribe procedures for how such
regulation will be implemented by municipal staff and the Bozeman Parking Commission;
PASSED AND ADOPTED by the Parking Commission of the City of Bozeman, Montana, at a session held
on the 8th day of March 2018. This resolution shall be o. / effective immediately.
I
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Chris Naumann, Chair
Bozeman Parking Commission
ATTEST:
Ed Meece, P rking Program Manager
City of Bozeman
Wed W
ADMINISTRATIVE ORDER 2018—02
Adoption of Policy Restricting Access to City Property
The following administrative procedures are hereby adopted:
1. Authority. The use of City of Bozeman public facilities, including its parking facilities,
library,city hall,swim center,parks,and other facilities is a privilege and use by an individual,
which interferes with the orderly conduct of City business or the safety and security by other
persons,must be addressed.As such,the City may prohibit,limit,suspend or otherwise restrict
access to or use of its buildings, facilities or other property as necessary to provide for the
orderly conduct of the City's business,services and programs and the safety and security of all
persons visiting or utilizing such City property.
2. Purpose. To establish procedures for the temporary or permanent banning of an individual
from City property, programs, or services based on behavior that violates the Bozeman
Municipal Code or a facility's or program's established rules and regulations. This Policy is
narrowly tailored to protect the safety and security of the public and City Staff,protect users'
rights to participate in City programs and be present on City property without unreasonable
interference, protect City staffs right to perform their jobs without reasonable interference,
ensure the integrity of City property, and fairly enforce penalties for violations.
The City will not deny, directly or indirectly, any person full and equal access or
enjoyment of City property, facilities, programs, activities, or privileges for any
discriminatory reason.
3. Applicability. This Policy applies in all City buildings,facilities or other City property.
4. Responsibility.
a. Administration. The City Manager will administer the Policy.
Page 1
b. Adoption of rules and regulations. The City Manager, Assistant City Managers,
Department Directors, Library Director,and Parking Program Manager are authorized
to establish rules and regulations applicable to particular City facilities and programs
that fall within their scope of authority. It is the responsibility of such City
Representatives to ensure rules and regulations applicable to City facilities and
programs are made readily available to the public by posting in a conspicuous location
and are on file in the Department and City Manager's office. The City Attorney must
approve all such rules for legal content prior to implementation. Rules will be adopted
by Administrative Order of the City Manager.
c. Enforcement. Department staff, Bozeman Fire personnel, and/or Bozeman police
officers are authorized to intervene as necessary to enforce rules and regulations and
stop prohibited activities and behaviors.
5. Enforcement Procedures.
a. City staff may issue an oral or written warning to any individual violating this Policy
or applicable rules and regulations. Although violators may receive an oral warning
and be given a chance to rectify their behavior before privileges are lost,any individual
act may result in loss of privileges without prior warning.
b. For multiple or serious offenses, the City Manager,the Assistant City Manager,Police
Chief,Bozeman Police Officers,Fire Chief, Library Director,Department Director,or
Parking Program Manager may suspend or revoke the violator's privilege to enter a
property or facility,be present on City-owned grounds,or participate in City programs
for a period of one day to three years or more depending on the severity of the offense
as determined by the Director by providing the violator with notice in writing,
delivered in person or by first-class mail, describing the nature of the violation and the
period of revocation of privileges.
c. For City facilities other than City Hall and the Bozeman Public Library,a decision
to suspend or revolve privileges pursuant to this Policy may be made by a Bozeman
Police officer if such officer believes, in their reasonable discretion, that such a
restriction is necessary to achieve the purposes of this Policy and prior consultation
with the City Manager, City Attorney, or applicable department's management
personnel is not practicable. In such event,issuance of the written notice of suspension
or revocation will be communicated promptly thereafter to the City Attorney.
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6. Appeals. Except for the Bozeman Public Library',individuals have the opportunity to appeal
the decision suspending or revoking City privileges to the Bozeman City Manager. The
following requirements apply to all appeals:
a. Individuals must present their appeal by delivering a written statement addressing the
basis of the appeal to the City Cleric, 121 N. Rouse,Bozeman MT 59771 within thirty
(30) days of the date of the written notice. Any notice of appeal made after the 30-
day deadline will not be considered.
b. The individual submitting the appeal will receive a written statement of the City
Manager's decision regarding the appeal within thirty(30) days of the submission of
the appeal.
c. Documents and communications related to the appeal are public information
unless the City Attorney's office determines that the appellant's right to privacy
exceeds the public's right to know.
DATED this Itday ofYt.� i , 2018.
���:: �%�-�....�� 1✓ Ste,
Andrea Surratt, City Mari er
I The Bozeman Public Library has adopted alternative appeal procedures using the Bozeman Library Board of Trustees.
That appeal process is explained in the Library's behavior policy,which can be found at
bttps://www.bozemanlibrail.orglabopt/policies or by contacting the Library at 626 E.Main Street,Bozeman MT 59715.
Pale 3
ADMINISTRATIVE ORDER 2018--03
Adoption of Code of Conduct for Bozeman Downtown Parking Garage and Transfer Station
Pursuant to Administrative Order 2018-02, authorizing the establishment of rules regulating
behavior at City buildings, facilities, and other City property, the Code of Conduct for the Bozeman
Downtown Parking Garage and Transfer Station attached hereto as Attachment A is hereby adopted.
DATED this < ( )ay of : , 2018.
Andrea Surratt, City Manager
ATTACHMENT A
CODE OF CONDUCT FOR
BOZEMAN DOWNTOWN PARKING GARAGE AND
TRANSFER STATION
Code of Conduct--Bozeman Downtown Parking Garde&Bus Transfer Station
This code of conduct applies to the following City of Bozeman-owned facilities(the "Facilities"):
• The Streamline Transfer Station ("Transfer Station")
• The Bozeman Downtown Parking Garage ("Garage")
The space in and around the Facilities is for the benefit of the public. For the safety and comfort of all users of the
Facilities, patrons are expected to observe the following:
1. Non-alcoholic drinks are allowed only in a closed container with a lid.
2. In the Transfer Station,audio equipment may be used with earphones or headphones.
3. No animals are permitted in the Transfer Station except service animals under the control of their owner or
small animals that are confined to a lap size carrier/kennel.
4. Rollerskates, skateboards,rollerblades,and similar wheeled items must be carried or safely stowed at all times.
5. Cooperate with reasonable requests from City and Streamline personnel.
6. Be considerate and respect the privacy of others.
The following are strictly prohibited:
7. Fireworks, explosive materials, firearms or weapons of any kind unless legally stowed
8. Possession of an open container of alcohol
9. Defacing, destroying or otherwise vandalizing property or signs
10. Intimidating, harassing,or threatening others
11. Roughhousing;disruptive behavior
12. Use of profanity or offensive language
13. Smoking, including use of e-cigarettes/vaping/similar devices, and use of smokeless tobacco within the Facilities
14. Consuming alcoholic beverages
15. Screaming,shouting,or playing music at a volume that can reasonably be expected to disturb others
16. Indecent exposure
17. Drunk or disorderly conduct
18. Urinating or defecating except in restroom facilities
19. Littering
20. Spitting
21. Bringing into the Facilities substances and odors which unreasonably disturb others or unreasonably interfere
with their use of the Facilities,whether such substances or odors are from one's person,clothes, personal
articles,accompanying animal or any other source
22. All other criminal behavior
Use of the Facilities is a privilege. Failure to observe any of the above rules of conduct may result in you being asked
to immediately exit the Facilities,suspension of your privileges for a period of time,and/or criminal prosecution.
These rules are narrowly tailored to protect the safety of users of the Facilities and personnel, protect community
members from unreasonable interference with their use of the Facilities, and to ensure the integrity of City property.
You may appeal the application of any of these rules or suspension of privileges by submitting an appeal in writing
within 30 days. For appeal instructions, please contact the City Manager by calling 406-582-2306,or writing to City of
Bozeman-City Manager,121 N.Rouse,Bozeman MT 59771.
Rev. February 20, 2018