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HomeMy WebLinkAboutTitle 01 e Title 1 GENERAL PROVISIONS Chapters: 1.01 Code Adoption 1.04 General Provisions 1.08 Corporate Seal 1.12 Statute of Limitations 1.16 General Penalty 1.20 Immunization, Defense and Indemnification of Public Officers and their Employees e e (Bozeman 11-0 I) e e e e e e Chapter 1.01 CODE ADOPTION Sections: 1.01.010 1.01.020 1.01.030 1.01.040 Adoption. Title-Ci tation- Reference. Provisions codified. Ordinances passed prior to adoption of the code. Reference applies to all amendments. Title, chapter and section headings. Reference to specific ordinances. Effect of code on past actions and obligations. Effective date. Constitutionality . 1.01.050 1.01.060 1.01.070 1.01.080 1.01.090 1.01.100 1.01.010 Adoption. There is hereby adopted the "Bozeman Muni- cipal Code," as published by Book Publishing Company, Seattle, Washington. (Ord. I I 18 ~ 1 (part), 1982) 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 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 ordi- nances are codified. (Ord. I I I 8 ~ I (part), 1982) 1.01.030 Provisions codified. This code consists of all the regulatory and penal ordinances and certain of the administra~ 1.01.010- 1.0 I .070 tive ordinances of Bozeman, Montana. (Ord. 11 I 8 ~ 1 (part), 1982) 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 Ordi. nance No. 1104, but prior to adoption of this code, are hereby adopted and made a part of this code: 1105,1106,1108,1109, III2, 1115, 1116,1117,II18,III9,II20,II2I,1122and 1123. (Ord. 1 I 18 ~ I (part), 1982) 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 theTeof, 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. (Ord. 1118 ~ 1 (part), 1982) 1.01.060 Title, chapter and section headings. Title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. I 118 ~ 1 (part), 1982) 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 ordil1ances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding pro- visions contained within this code. (Ord. 1118 ~ 1 (part), 1982) 3 (Bozeman 4-83) 1.01.080-1.04.010 1.01.080 Effect of code on past actions and obligations. Neither the adoption of this code nor the re. peal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for viola. tions of ordinances, which violations were com- mitted prior to the effective date of the ordi- nance codified in this chapter, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordi~ nances, nor be construed as affecting any of the provisions of such ordinances relating to the coIlection of any such license, fee or penalty, or the penal provisions applicable to any viola. tion thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there- I;lnder appertaining shall continue in full force and effect. (Ord. 1118 ~ 1 (part), 1982) 1.01.090 Effective date. This code shall become effective on the date the ordinance adopting this code as the Boze- man Municipal Code becomes effective. (Ord. 11 I 8 ~ 1 (part), 1982) 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 declares that it would have passed this 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 unconsti- tutional, 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. (Ord. 1118 ~ 1 (part), 1982) (Bozeman 4-83) 4 Chapter 1.04 e GENERAL PROVISIONS Sections: 1.04.010 1.04.020 1.04.030 1.04.040 1.04.050 1.04.060 Definitions. Title of office. Interpretation of language. Grammatical interpretation. Acts by agents. Prohibited acts include causing and permitting. Computation of time. Construction. Repeal shall not revive any ordinances. 1.04.070 1.04.080 1.04.090 1.04.010 Defmitions. The following words and phrases, whenever used in the ordinances of the city shall be con- strued as defined in this section unless from the context a different meaning is intended or un- less a different meaning is specitlcally defined and more particularly directed to the use of such words or phrases: A. "City" and "town" means the city of Bozeman, Montana, or the area within the terri- torial limits of the city of Bozeman, Montana, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. B. "City commission" means the city com. mission of the city of Bozeman. "All its mem- bers" or "all commissioners" means the total number of commissioners holding office. 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 promul- gated thereunder. E. "May" is permissive. F. "Month" means a calendar month. G. "Must" and "shall" are each mandatory. H. "Oath" means and includes an affirmation or declaration in all cases in which, by law, an e e e e e 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, means and includes any part owqer, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. J. "Person" means and 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" means and includes mon- ey, goods, chattels, things in action and evidences of debt. L. "Preceding" and "following" means next be- fore and next after, respectively. M. "Property" means anQ includes real and per. sonaI property. N. "Real property" means and includes lands, tenements and hereditaments. O. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians. P. "State" means the state of Montana. Q. "Street" means and includes all streets, high. ways, 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 desig- nated in any law of this state. R. "Tenant" and "occupant," applied to a build- ing or land, means and includes any person who occupies the whole or a part of such building or land, whether alone or with others. S. "Written" means and includes printed, type- written, mimeographed, multigraphed, or otherwise reproduced in permanent visible form. T. "Year" means a calendar year unless other- wise provided. (Ord. 1118 S 2 (part), 1982) 1.04.020 Title of office. Use of the title of any officer, employee, depart- ment, board or commission means that officer, em- 1.04.020-1.04.070 ployee, department, board or commission of the city. (Ord. 1118 S 2 (part), 1982) 1.04.030 Interpretation of language. All words and phrases shall be construed accord- ing to the common and approved usage of the lan- guage, but technical words and phrases and such others as may have acquired a peculiar and appro- priate meaning in the law shall be construed and understood according to such peculiar and appropri- ate meaning. (Ord. 1118 S 2 (part), 1982) 1.04.040 Grammatical interpretation. The following grammatical rules shall apply in the ordinances ofthe city, unless it is apparent from the context that a different 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 singu. lar. C. Tenses. Words used in the present tense in- clude the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 1118 S 2 (part), 1982) 1.04.050 Acts by agents. When 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. (Ord. 1118 S 2 (part), 1982) 1.04.060 Prohibited acts include causing and permitting. Whenever in the ordinances of the city, 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. (Ord. 1118 S 2 (part), 1982) 1.04.070 Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, 4.1 (Bozeman 11-01) ] .04.080-1.16.0] 0 unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 11] 8 ~ 2 (part), ]982) 1.04.080 Construction. The provisions of the ordinances of the city, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Ord. 1118 ~ 2 (part), 1982) ] .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 ordi- nance which has been repealed thereby. (Ord. 1118 ~ 2 (part), 1982) Chapter 1.08 CORPORATE SEAL Sections: 1.08.010 Corporate seal adopted. 1.08.010 Corporate seal adopted. A seal of circular form, with the words "City of Bozeman, Gallatin County, Montana," on the edge of the circle, and having in the center thereof a self- binding harvester and a prostrate sheaf, and under- neath the date 1883, is hereby adopted and declared to be the corporate seal of the city of Bozeman, to be used in all cases in which a sea] is necessary to be used by the corporation. (Prior code ~ 2.04.010) Chapter 1.12 STATUTE OF LIMITATIONS Sections: 1.12.010 Recovery of fines or penalties- Statute of limitations. (Bozeman ll-Ol) 1.12.010 Recovery of fines or penalties- Statute of limitations. All actions to recover any fines, forfeitures or penalties for the violation of any ordinance shall be commenced within two years after the right of action accrued. (Prior code ~ 6.01.020) e Chapter 1.16 GENERAL PENALTY Sections: 1.16.010 General penalty for code violations. 1.16.010 General penalty for code violations. Unless otherwise specifically provided in the Bozeman Municipal Code, any person, firm or cor- poration, their agents or servants, who violates any of the provisions of the Bozeman Municipa] Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not exceeding five hundred dollars or by imprisonment for a period not exceeding six months, or both such fine and imprisonment, and in addition shall pay all costs and expenses of the case. A sepa- rate offense shall be deemed committed upon each day during or on which a violation occurs or contin- ues. (Ord. 1372 ~ ], 1993: prior code ~ 1.04.060) e Chapter 1.20 IMMUNIZATION, DEFENSE AND INDEMNIFICATION OF PUBLIC OFFICERS AND mEIR EMPLOYEES Sections: 1.20.010 1.20.020 Purpose. Immunization, indemnification and defense. Exceptions. Notice. 1.20.030 1.20.040 4.2 e e e e 1.20.010 Purpose. It is the purpose of this section to provide for immunization, defense, and indemnification of public officers and public employees of the city civilly sued for alleged violations of Constitutional Initiative 75 for actions taken within th~ course and scope of their employment. (Ord. 1482 S 1 (part), 1998) 1.20.020 Immunization, indemnification and defense. That in any civil action brought against any public official or public employee of the city alleging a violation of Constitutional Initiative 75, the city shaH then defend the action on behalf of the public official or public employee and indemnify the public official or employee for any liability resulting from the alleged violation of Constitutional Initiative 75, except as provided in Section 1.20.030. (Ord. 1482 S 1 (part), 1998) 1.20.030 Exceptions. In a civil action alleging a violation of Constitutional Initiative 75, in which a public official or public employee of the city is a party defendant, the public official or public employee may not be defended or indemnified by the city for any money judgments or legal expenses, including attorney's fees, to which the public official or public employee may be subject as a result of a suit, if a judicial determination is made that: A. The conduct upon which the claim is based constitutes oppression, fraud, or malice or for any other reason does not arise out of the course and scope of the public official or public employee's employment; B. The public official or public employee compromised or settled the claim without the consent of the city; or C. The public official or public employee failed or refused to cooperate reasonably in the defense of the case. If no judicial determination has been made applying the exclusions provided above, the city may determine whether those exclusions apply. However, if there is a dispute as to whether the exclusions 1.20.010-1.20.040 apply, and the city concludes it should clarify its obligation to the public official or public employee arising under this section by commencing a declaratory action or other legal action, the city is obligated to provide a defense or assume the costs of the defense of the public official or public employee until a final judgment is rendered in such action holding that the city has no obligation to defend the public official or public employee. The city has no obligation to provide a defense to the public official or public employee in a declaratory judgment action or other legal action brought against the public official or public employee by the city under this section. (Ord. 1482 S I (part), 1998) 1.20.040 Notice. Upon receipt of service of Summons and Complaint alleging a violation of Constitutional Initiative 75, the public official or public employee shall give written notice to the city manager or to the city attorney requesting that a defense to this action be provided by the city. (Ord. 1482 S 1 (part), 1998) 4-3 (Bozeman 11-01) e e e