HomeMy WebLinkAboutTitle 02
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Title 2
ADMINISTRATION AND PERSONNEL
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Chapters:
2.01 Code of Ethics
2.04 City Commission
2.06 Municipal Court
2.08 City Manager
2.12 Administrative Departments Generally
2.16 City Attorney-Department of Law
2.20 Health Officer
2.32 Department of Finance
2.36 Division of Recreation
2.40 Department of Public Safety
2.44 Department of Public Service
2.48 Department of Public Welfare
2.56 Library Board of Trustees
2.64 City-County Planning Board
2.66 City Planning Board
2.72 City Employees
2.76 Cemetery
2.80 Historic Preservation Advisory Board
2.84 Bozeman Beautification Advisory Board
2.88 Tax Increment Financing Industrial District Board
2.92 Bozeman Tree Advisory Board
2.96 Bozeman Senior Citizens' Advisory Board
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(Bozeman 11.01)
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Chapter 2.01
CODE OF ETHICS
Sections:
2.01.010
2.01.020
2.01.030
2.01.040
2.01.050
2.01.060
2.01.070
2.01.080
2.01.090
Declaration of policy.
Definitions.
Persons covered.
Standards of conduct.
Use of city resources.
Treatment of the public.
Conflict of interest.
Confidential information.
Gifts, gratuities and favors.
2.01.010 Declaration of pOlicy.
The proper operation of the city government
requires that public officials and employees be inde-
pendent, impartial and responsible; that governmen.
tal policies and decisions be made in the proper
channels of the governmental structure; that public
office and employment not be used for personal
gain; and that the public have confidence in the
integrity of its government. The purpose of this code
of ethics is to set forth standards of ethical conduct;
to assist public officials and employees in establish-
ing guidelines for their conduct; to foster the devel.
opment and maintenance of a tradition of responsi-
ble and effective public service; and to prohibit
conflict between public duty and private interest.
Nothing herein shall be construed to relieve any
employee or official of the responsibilities set forth
in Sections 2.2.104, 2.2.105. 2.2-125. 2-2-131, and
7-3-4367 of the Montana Code Annotated. (Ord.
1342 ~ 1, 1992: Ord. 1240 ~ 1, 1987)
2.01.020 Definitions.
As used in this chapter, the following terms shall
have the following meanings, unless the context
clearly indicates that a different meaning is intend-
ed:
A. "Agency" means the city commission and all
other agencies, board. committees. departments and
offices of the city, without exception.
B. "City" means the city of Bozeman, Montana.
2.01.010--2.01.020
C. "Confidential information" means any infor.
mation which is not available to the general public
and which is obtained only by reason of an official's
or employee's position.
D. "Employee" means all individuals employed
by the city and its agencies, but does not include
independent contractors hired by the city, city com-
missioners, or city judge.
E. "Financial interest" means any ownership
interest, contractual relationship. business relation-
ship or other interest which will result in a monetary
or other material benefit to an official or employee,
either tangibly or intangibly which has a value of
more than fifteen dollars. other than his duly autho.
rized salary or compensation for his services to the
city, and which interest is not common to the inter-
est of all other citizens of the city. The following
financial interest shall be imputed to be those of an
official or an employee of the city: that of a spouse
or child of an official or employee; that of any
prime contractor or subcontractor of the city. in
which the official or employee or any member of
his immediate family has any direct or indirect
interest as the proprietor, by ownership of stock or
partnership interest.
F. "Immediate family" means spouse and chil-
dren.
G. "Officials" means all officers and members
of the city's agencies, whether elected or appointed.
whether paid or unpaid. whether permanent. tempo-
rary or alternate and that are not employees.
H. "Personal interest" means any interest in the
matter which would affect the action of the official
or employee other than a financial interest, and
other than an interest because of membership in or
affiliation with. but not employment by a social,
fraternal. charitable, service, educational, religious,
governmental. health service. philanthropic. cultural
or similar nonprofit institution or organization.
I. "Transaction" means the offer of. or the sale,
purchase or furnishing of any real or personal prop-
erty. or services. by or to any person or entity di~
rectly, or indirectly, as vendor or vendee, prime
contractor, subcontractor or otherwise, for the use
and benefit of the city or of such other person or
6-1
(Bozeman 9-93)
2.01.030---2.01.070
entity, for a valuable consideration. (Ord. 1342 ~ 2,
1992: Ord. 1240 ~ 2, 1987)
2.01.030 Persons covered.
All city officials and employees shall be bound
by this chapter. (Ord. 1240 ~ 3, 1987)
2.01.040 Standards of conduct.
A. Officials and employees have an obligation
to act morally and honestly in discharging their
responsibilities.
B. Officials and employees shall conduct them.
selves with propriety, discharge their duties impar-
tially and fairly and make continuing efforts toward
attaining and maintaining high standards of conduct.
C. Each official or employee serving on a
multimember agency is expected to devote the time
and effort necessary to the successful functioning of
such agency.
D. No official or employee shall improperly use,
directly or indirectly, his city position to secure any
financial interest or personal interest for himself or
others.
E. No official or employee shall, for any reason,
use or attempt to use his position to improperly
influence any other official or employee in the per.
formance of his official duties. (Ord. 1342 ~ 3,
1992: Ord. 1240 ~ 4, 1987)
2.01.050 Use of city resources.
No official or employee shall use or permit the
use of city-owned vehicles, equipment, material or
city personnel for personal use of the employee or
official or anyone else or to be used in any manner
prohibited by state statutes or city ordinance. No
city automobile shall be used by a city employee or
official going to or from home, except when such
use is for the benefit of the city, as in the case of an
employee on call outside of the employee's working
hours. (Ord. 1240 ~ 5, 1987)
2.01.060 Treatment of the public.
City officials and employees represent the city
govenunent to the public. In their contact with the
public, officials and employees must bear in mind
(Bozeman 9-93)
their role as public servants. Each member of the
public should be treated courteously, impartially and
fairly. (Ord. 1240 ~ 6, 1987)
2.01.070 Conflict of interest.
A. No official or employee shall engage in any
employment or business which conflicts with the
proper discharge of his official duties.
B. No official or employee shall have a financial
or personal interest, tangibly or intangibly, in any
transaction with the city as to which he has the
power to take or influence official action unless full
public disclosure is made. If an official or employee
has any tangible or intangible financial or personal
interest in the outcome of any matter coming before
the agency of which he is a member or by which he
is employed, such official or employee shall public-
ly disclose on the record of the agency or to his
superior or other appropriate authority the existence
of such financial or personal interest. An official or
employee having such a financial or personal inter.
est shall not engage in deliberations concerning the
matter, shall disqualify himself from acting on the
matter, and shall not communicate about such matter
with any person who will participate in the action
to be taken on such matter.
C. No employee, whether paid or unpaid, shall
represent or appear on behalf of any individual or
entity, before any agency of the city, or take any
appellate proceedings from any action of such agen.
cy, either personally or through an associate or
partner.
D. No official, whether paid or unpaid, shall
represent or appear on behalf of any individual or
entity in any action or proceeding of concern to the
agency on which that official serves, either before
that agency or any other agency of the city. or be.
fore the city commission, or take any appellate
proceedings from any action of such agency or the
commission. Such representation may be made by
an official's associate or partner, provided no refer-
ence to the participation of the involved official is
made except for certification or other required iden.
tification on prepared documents. The involved
official shall not engage in deliberations concerning
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a matter represented by an associate or partner, shall
disqualify himself from acting on the matter, and
shaH not communicate about such matter with any
person who will participate in the action to be taken
on such matter.
E. Nothing in this section shall be interpreted or
construed to prohibit any official or employee from
exercising his legal rights as to his own personal
interests in a matter pending before the city or any
of its agencies, or to prohibit an official or employ.
ee from testifying as a witness in any administrative
or judicial proceeding. However, no official or em.
ployee who represents his own personal interest
before an agency of which he is a member or a
member of an agency to which the matter may be
appealed shall participate in the decision of that
agency or the appellate agency. (Ord. 1342 ~ 4,
1992: Ord. 1240 ~ 7, 1987)
2.01.080 Confidential information.
A. No official or employee shall, without legal
authority, disclose confidential infonnation concern.
ing the persormel, property, government or affairs
of the city.
B. No official or employee shall use confidential
infonnation to advance his own financial or personal
interest or the financial or personal interests of any
other person.
C. Nothing in this section shall be interpreted as
prohibiting the disclosure of info nnation required by
law to be disclosed. (Ord. 1240 ~ 8, 1987)
2.01.090 Gifts, gratuities and favors.
No official or employee shall accept a gift, gratu-
ity or favor from any person or entity, except as
authorized by law. (Ord. 1240 ~ 9, 1987)
2.01.080----2.01.090
6-3
(Bozeman 9-93)
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Chapter 2.04
CITY COMMISSION
Sections:
2.04.010
2.04.020
Membership quaIifications.
Election- Tenn of office-
Bond.
Mayor presides.
Regular and special meetings-
Open to public.
Voting.
Clerk of the commission.
Salaries for mayor and
commissioners.
Powers and duties.
Ordinances and resolutions-
Requirements.
Fonn of government-Effect of
other laws.
2.04.030
2.04.040
2.04.050
2.04.060
2.04.070
2.04.080
2.04.090
2.04.100
2.04.010 Membership qualifications.
The commission of the city of Bozeman shall
consist of five commissioners, who shall be elected
from the city at large in the manner provided by
law. They shall be residents of the city and have the
qualifications of electors. (Ord. 1100 ~ 1, 1982:
prior code ~ 2.08.010)
2.04.020 Election- Tenn of office-Bond.
A. Of the commissioners elected at the special
election held in the city on October 4, 1921, the
terms of office of the two commissioners who re-
ceived the highest number of votes at said election
shall continue to January 1, 1924, and until their
successors shall be elected and shall qualify, and the
other of said commissioners shall continue in his
office of commissioner until his successor shall be
elected, at the regular election for the choice of
commissioners to be held on the frrst Tuesday after
the first Monday in November, 1923, and shall
qualify.
B. All succeeding commissioners shall serve for
a period of four years and until newly elected com-
2.04.010--2.04.040
mlssIOners assume their duties as prescribed in
Section 2.04.040.
C. Every person elected comnussIOner shall,
within ten days thereafter, file with the clerk of the
commission his oath of office, and shall execute and
give sufficient bond to the city in such sum as the
judge of the district court of Gallatin County shall
designate, conditioned for the faithful performance
of the duties of his office, which bond shall be filed
with the county clerk and recorder of Gallatin Coun-
ty. (Ord. 1100 ~ 2, 1982: prior code ~ 2.08.020)
2.04.030 Mayor presides.
A. The mayor shall be elected in the manner
provided by the laws of Montana in force at the
time he shall be elected. In the event there is a
vacancy in the office of mayor for any cause, other
than by the expiration of his term of office, the
remaining members of the commission shall choose
his successor for the unexpired term from their own
number.
B. The mayor shall be the presiding officer, ex-
cept that in his absence a president pro-tempore may
be chosen. The mayor shall exercise the powers and
perform all duties imposed upon him by the ordi-
nances of the city and the laws of the state, except
that he shall have no power to veto any measure. He
shall be recognized as the official head of the city
for the purpose of serving civil processes, and for
the purposes of military law, and for all ceremonial
purposes. (prior code ~ 2.08.030)
2.04.040 Regular and special
meetings-Open to public.
A. At ten a.m. on the first Monday after the first
day of January following a regular municipal elec-
tion, the commission shall meet at the usual place
for holding its meetings. at which time the commis-
sioner and/or commissioners elected at such regular
municipal election shall assume the duties of their
office. Thereafter, the city commission shall meet in
regular sessions not less than twice each month at
such place, day and hour as may from time to time
be fixed by resolution of the commission. Absence
of any commissioner from five consecutive regular
7
(Bozeman 6-96)
2.04.050-2.04.090
meetings of the commission shall be effective to
vacate the office of such commissioner, unless such
absence is authorized by the commission by order
entered in the minutes.
B. The commissioner acting as mayor, any two
members of the commission, or the city manager,
may call special meetings of the commission, upon
at least twelve hours' written notice to each member
of the commission, personally served on each mem-
ber or left at his usual place of residence.
C. All meetings of the commission shall be pub-
lic, and any citizen shall have access to the minutes
and records thereof at all reasonable times. The
commission shall detennine its own rules and order
of business and shall keep a journal of its proceed~
ings. (Ord. 1100 ~ 5, 1982: prior code ~ 2.08.060)
2.04.050 Voting.
Three conunissioners shall constitute a quorum,
and the affirmative vote of three conunissioners
shall be necessary to adopt or reject any motion,
resolution or ordinance, or pass any measure, unless
a greater number is provided for by law. Upon
every vote, the ayes and nays shall be called and
recorded, and every motion, resolution or ordinance
shall be reduced to writing and read before the vote
is taken thereon. (Ord. 1100 ~ 3, 1982: prior code
~ 2.08.040)
2.04.060 Clerk of the commission.
The commission shall choose a clerk and such
other officers and employees of its own body as are
necessary. The clerk shall be known as the "clerk of
the commission," and shall keep the journal of the
proceedings of the commission, and all files and
records, including the record of all ordinances and
resolutions, and perform such other duties as may
be required of him by ordinance or resolution or
order of the commission, and he shall be the custo-
dian of the corporate seal of the city. (Prior code ~
2.08.090)
2.04.070 Salaries for mayor and
commissioners.
The salary of each commissioner shall be estab.
(Bozeman 6-%) 8
lished by ordinance, and the salary of the commis- e
sioner acting as mayor shall be one and one-half
times that of the other commissioners. (Ord. 1100
~ 4, 1982: Ord. 1093 ~~ 1 and 2, 1982: Ord. 1075
~~ 1 and 2, 1981: prior code ~ 2.08.050)
2.04.080 Powers and duties.
The commission shall constitute the governing
body, with power to create, establish, abolish and
organize offices and fix the salary and compensation
of all officers and employees, except as hereinafter
provided; make and enforce local sanitary and police
and other regulations; pass such ordinances as may
be expedient for maintaining and promoting peace,
good government and welfare of the municipality
and for the performance of all the functions thereof,
and to carry out and put into effect all the powers
by ordinances, resolutions or orders that now are or
hereafter may be granted to municipalities by the
Constitution or laws of the state of Montana, includ-
ing the power to pass ordinances, adopt regulations,
and appoint a chief administrative officer to be
known as the "city manager," and exercise all the .
powers conferred on it by Chapter 152 of the Acts
of the Fifteenth Legislative Assembly of the state,
as amended; and shall have all the powers conferred
by law upon city councils insofar as the same is not
inconsistent with said Chapter 152. (Prior code ~
2.08.080)
2.04.090 Ordinances and resolutions-
Requirements.
A. Each proposed ordinance or resolution shall
be introduced in writing and shall not contain more
than one subject, which shall be clearly stated in its
title, except ordinances for the codification and
revision of ordinances and general appropriation
ordinances which may contain the various subjects
and accounts for which monies are to be appropriat-
ed. Every ordinance or resolution passed by the
commission shall be filed immediately with the
clerk of the conunission. The enacting clause of all
ordinances passed by the commission shall be: "Be
it ordained by the Commission of the City of
Bozeman. "
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B. No ordinance, unless it is declared an
emergency, shall be passed upon the day on which it
shall be introduced, unless so ordered by an
affirmative vote of four.fifths of the members of the
commission. All ordinances shall be in effect from
and after thirty days from the date of their passage by
the commission, except as otherwise provided by
law. All resolutions are immediately effective unless
a delayed effective date is specified in the resolution.
C. The commission may, by an affirmative vote
of four-fifths of its members, pass emergency mea-
sures to take effect at the time indicated therein. An
emergency measure is an ordinance or resolution for
the immediate preservation of the public peace,
property, health or safety, or providing for the usual
daily operation of a municipal department, in which
the emergency is set forth and defined in a preamble
thereto.
D. Every ordinance or resolution passed by the
commission shall be authenticated by the signatures
of the mayor, or two commissioners, and the clerk of
the commission, and recorded in a book kept for that
purpose. The number and title of every ordinance or
resolution shall be published once within ten days
after its final passage, in a daily newspaper of general
circulation in the city. (Ord. 1381 ~ 1, 1994: Ord.
1100 ~ 6, 1982: prior code ~ 2.08.070)
2.04.100 Form of government-Effect of
other laws.
All ordinances and sections or parts of ordinances
insofar as they are in conflict with or inconsistent
with the provisions of Chapter 152 ofthe Acts of the
Fifteenth Legislative Assembly of the state, relating
to the commission-manager plan or form of govern-
ment are hereby repealed; but nothing herein
contained shall be construed to repeal or in any way
affect any ordinance of the city relating to the ad-
ministration of the affairs of the city, except insofar
as the same may not be applicable under said com-
mission~manager plan or form of government, and
with the provisions of this title which are intended to
carry said form of government into effect. (Prior code
~ 2.08.370)
Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.050
2.06.060
2.06.070
2.06.080
2.06.090
2.06.100
2.06.110
2.06.120
2.06.130
2.06.140
2.06.150
2.04.100-2.06.020
Chapter 2.06
MUNICIPAL COURT
Establishment of the municipal
court.
Sessions of the municipal court.
Office of clerk of the municipal
court.
Duties of the clerk of the
municipal court.
Office of municipal judge.
Method of selection and teno of
office.
Qualifications of municipal judge.
Powers and duties of municipal
judge.
Procedure for court appointed
counsel.
Compensation and expenses.
Oath and deposit of funds.
Qualifications of a judge pro
tempore.
Vacancy filled by commission.
Appeal to district court.
Limitation on appeals.
2.06.010 Establishment of the municipal
court.
A. The municipal court is hereby established
pursuant to Title 3, Chapter 6, MeA. The court is
established for all intents and purposes set forth in
state law and any reasonable inference therein.
B. The municipal court will be a court of record
by electronic recording or stenographic transcription
and will assume continuing jurisdiction over all
pending city court cases.
C. The municipal court will commence on
January 1,2000. (Ord. 1490 ~ I (part), 1999)
2.06.020 Sessions of the municipal court.
A. The municipal court will be in a continuous
session from nine 0' clock a.m. until noon and from
9
(Bozeman 11-01)
2.06.030-2.06.090
one o'clock p.m. until four o'clock p.m. on every day
except nonjudicial days. The judge may set
additional hours as necessary.
B. Nonjudicial days are defined as any legal
holidays, or days appointed by ~e President of the
United States or by the Governor of Montana for a
public fast, thanksgiving, or holiday except as set
forth in subsection C of this section.
C. The municipal court will, on any day:
I. Give instructions to a jury when deliberating;
2. Receive a verdict or discharge a jury;
3. Exercise its powers in a criminal action; and
4. Issue writs of prohibition, injunctions and
habeas corpus. (Ord. 14909 1 (part), 1999)
2.06.030 Office of clerk of the municipal
court.
The position of clerk of the municipal court is
established. The clerk will work under the
supervision and control of the department of finance.
(Ord. 14909 1 (part), 1999)
2.06.040 Duties of the clerk ofthe municipal
court.
The clerk of the municipal court will establish,
maintain, retain and administer all municipal court
records by means of electronic filing or storage or
both. In any event, the clerk will maintain a paper
copy of all records established. The clerk will assist
the municipal judge in the recording and signing of
court proceedings as well as general operations of the
court. The clerk will have all other powers and
duties as prescribed in Section 3.5-501, MCA.,
relevant to a municipal court as well as all other
duties assigned by the department of finance. (Ord.
14909 1 (part), 1999)
2.06.050 Office of municipal judge.
The office of municipal judge is hereby
established for the city. There will be one full-time
municipal judge. The judge will not be employed in
addition to the employment as a municipal judge.
(Ord. 14909 1 (part), 1999)
(Bozeman 1141 I)
2.06.060 Method of selection and term of
office.
The person holding the office of municipal judge
will be elected at a general election and will hold
office for a period of four years. (Ord. 1490 9 1
(part), 1999)
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2.06.070 Qualifications of municipal judge.
A municipal judge, at the time of election or
appointment, will be a resident of and registered to
vote in the city. The municipal judge must have the
same qualifications as a district judge, as set forth in
Article VII, Section 9, of the 1972 Montana
Constitution, except that the judge need only be
admitted to the practice of law in the state of
Montana for a minimum of two years prior to the
date of election or appointment. (Ord. 1490 9 1
(part),I999)
2.06.080 Powers and duties of municipal
judge.
The municipal judge will have those powers and
duties as are provided by state law and the Montana
Supreme Court. The judge will also have all duties
imposed by city ordinances. The judge will hear and
determine all suits, actions and prosecutions
instituted in the municipal court pursuant to state law
and ordinances of the city. (Ord. 1490 9 1 (part),
1999)
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2.06.090 Procedure for court appointed
counsel.
A. Upon request for court appointed defense
counsel, the municipal judge will require the
defendant complete and sign a written application for
court appointed counsel as provided in the Montana
Supreme Court Bench Book. This application will be
notarized prior to submission. The municipal judge
will verify all information provided by the defendant
prior to appointing a public defender.
B. The municipal judge will establish written
criteria for determining proper appointment of
defense counsel for indigent defendants in criminal
actions and appoint counsel to all individuals who
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qualify under this criteria. The municipal judge will
provide a copy of the criteria to the city commission
and the city manager within thirty days of taking
office or assuming the position of municipal judge.
C. The municipal jud,ge will provide the city
commission and city manager with a report
indicating the number and type of cases in which the
defendant received appointed counsel; the income
level of each individual appointed counsel; and any
other information the municipaljudge feels pertinent.
The report will be due on or before the 15th of every
month. (Ord. 1490 ~ 1 (part), 1999)
2.06.100 Compensation and expenses.
A. The city commission will establish the annual
salary of the municipal judge by ordinance.
B. The municipal judge will receive any actual
and necessary expenses as budgeted in the city's
annual budget. (Ord. 1490 ~ 1 (part), 1999)
2.06.110 Oath and deposit offunds.
A. The oath of office will be filed with the office
of the clerk of the commission.
B. All moneys, from whatever source, collected
under the jurisdiction of the municipal judge will be
deposited and managed in accordance with the rules
of the Montana Supreme Court.
C. So long as the rules of the Montana Supreme
Court do not require otherwise, all such moneys will
be deposited daily with the treasurer of the city as
directed by the director of finance.
D. In order to establish an appropriate control of
moneys deposited temporarily for bonds, appearance
bonds, etc., all such moneys will be placed into a
trust fund to be maintained and controlled by the
clerk of the municipal court. Upon final disposition
of the matter to which such a bond pertains by the
municipal court, the clerk ofthe municipal court will
disburse such moneys according to the direction of
the municipal judge. (Ord. 1490 ~ I (part), 1999)
2.06.120 Qualifications of a judge pro
tempore.
A. When a judge ofthe municipal court has been
disqualified or is sick or for any reason unable to act,
2.06.100-2.06.150
the judge will call in a qualified practicing attorney
of the city who will be judge pro tempore with the
same powers for the purposes of the cause as the
judge of the municipal court.
B. Any person acting as judge pro tempore must
meet the following qualifications:
I. Be an attorney admitted to practice in the state
of Montana for a period of not less than two years;
and
2. Be either a resident of the city or have a law
practice or other law-related employment whose
business address is within the Bozeman city limits.
(Ord. 1490 ~ 1 (part), 1999)
2.06.130 Vacancy filled by commission.
Should a vacancy occur in the office of municipal
judge, the city commission will appoint a qualified
individual to serve for the remainder of the term.
(Ord. 1490 ~ 1 (part), 1999)
2.06.140 Appeal to district court.
A. A party may appeal a municipal court
judgment or order to the district court in either
criminal or civil actions. An appeal to the district
court is confined to review of the record and
questions of law, subject to the Supreme Court's
rulemaking and supervisory authority.
B. On appeal, the clerk of the municipal court
will transfer the record consisting of an electronic
recording or stenographic transcription of the case
tried, together with all papers filed in the action. The
clerk may charge the requestor a reasonable fee for
any copies or transcription made necessary by the
appeal. (Ord. 1490 ~ 1 (part), 1999)
2.06.150 Limitation on appeals.
A. A party in a civil case may appeal a municipal
court judgment or order to the district court in cases
where the amount in controversy exceeds one
thousand dollars.
B. In criminal actions, a defendant may appeal
a municipal court judgment or order to the district
court in cases where the amount in controversy
exceeds three hundred dollars or where incarcer~
11 (Bozeman 11-01)
2.08.010-2.12.010
ation has been ordered. The state may appeal in
any instance set forth in Montana law.
C. Notwithstanding the foregoing, the district
court may, in the interests of justice, accept appeal
jurisdiction upon petition of the ~ggrieved party.
(Ord. 1490 ~ 1 (part), 1999)
Chapter 2.08
CITY MANAGER
Sections:
2.08.010
2.08.020
Appointment-Powers and duties.
Compensation--Oath of office--
Bond.
2.08.010 Appointment-Powers and duties.
A. The commission shall appoint a city manager,
who shall be the administrative head of the city
government and be responsible for the efficient
administration of all its departments. He shall hold
his office at the will of the commission.
B. The powers and duties of the city manager
shall be to:
1. See that the laws and ordinances are enforced;
2. Appoint and remove all directors of depart-
ments and all subordinate officers and employees in
the departments;
3. Exercise control over all the departments and
offices created or which may be created by law or by
the commission;
4. Attend all meetings of the commission, with
the right to take part in the discussions;
s. Recommend to the commission for adoption
such measures as he may deem necessary or expedi~
ent;
6. Keep the commission fully advised as to the
financial condition and needs of the city;
7. Perform such other duties as may be pre~
scribed by law or be required of him by ordinance or
resolution ofthe commission. (Prior code ~ 2.08.100)
(Bozeman 11-0 I)
2.08.020 Compensation--Oath of office--
Bond.
The city manager shall receive such salary as may
be fixed by the annual salary ordinance, or otherwise
fixed by the commission. Before entering upon the
duties of his office, he shall take and subscribe to the
oath of office, and he shall give an official bond in
such sum as may be fixed by the commission,
conditioned for the faithful performance of the duties
of his office, with sufficient surety to be approved by
the commission, and such oath and bond shall be
filed with the clerk thereof. (Prior code ~ 2.08.110)
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Chapter 2.12
ADMINISTRATIVE DEPARTMENTS
GENERALLY
Sections:
2.12.010
Administrative departments es-
tablished.
2.12.010 Administrative departments estab-
lished.
The following administrative departments of the
city are established:
A. Department of law;
B. Department of public service;
C. Department of public welfare;
D. Department of public safety;
E. Department of finance. (Prior code ~ 2.08.130)
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Chapter 2.16
CITY ATTORNEY-DEPARTMENT
OF LAW
Sections:
2.16.010
City attorney-Appointment-
Authority as head of department
of law.
12
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2.16.010 City attorney-Appointment-
Authority as head of department
of law.
A. The head of the department of law shall be
an attorney at law, who h~s been admitted to prac-
tice in the state, and shall be known as the city
attorney. He shall be the legal advisor of and attor-
ney and counsel for the city and for all the officers
and departments thereof in matters relating to their
official duties. He shall prosecute and defend all
suits for and in behalf of the city and shall prepare
all contracts, bonds and other instruments in
writing in which the city is concerned, and shall
endorse on each his approval of form and
correctness thereof. He shall perform such other
duties and have the authority conferred upon city
attorneys by law.
B. The city attorney shall be appointed by the
city manager, and shall serve until removed by him,
or until his successor is appointed and qualifies.
Before entering upon the duties of his office he shall
take and subscribe to the oath of office and give an
official bond, if the commission shall require, in a
sum to be fixed by it, with sufficient surety to be
approved by the commission, and said oath and bond
shall be filed with the clerk thereof. He shall receive
such salary as may be fixed by annual salary
ordinance, or otherwise fixed by the commission.
(Prior code ~ 2.08.140)
Chapter 2.20
HEALTH OFFICER
Sections:
2.20.010
Health officer-Appointment-
Powers and duties.
2.20.010 Health officer-Appointment-
Powers and duties.
There shall be a health officer of the city who,
under the direction and control of the city manager or
director of public welfare, shall enforce all ordi-
nances and laws relating to health, and shall perform
2.16.010-2.20.010
all duties and have all powers provided by law
relative to the public health and applicable to or to be
exercised in municipalities by health officers. He
shall be appointed by the city manager, and shall
serve until removed by him, or until his successor is
appointed and qualifies. Before entering upon the
duties of his office, the city health officer shall take
and subscribe to the oath of office, and shall give an
official bond if the commission shall require, in a
sum to be fixed by it, with sufficient surety to be
approved by the commission, and said oath and bond
shall be filed with the clerk thereof. He shall receive
such salary or compensation as may be fixed by the
city manager_ (Prior code ~ 2.08.190)
13
(Bozeman 11-01)
2.32.010
Chapter 2.32
DEPARTMENT OF FINANCE
Sections:
2.32.010
Director of finance-
Appointment-Bond-Powers
and duties.
City manager duties.
Fiscal year-Revenue and
expenditure estimates.
Sinking fund trustees
designated.
Assistance by clerk of the
commission-Oath and bond.
2.32.020
2.32.030
2.32.040
2.32.050
2.32.010 Director of finance-
Appointment-Bond-
Powers and duties.
A. The director of public finance shall be the
head of the department of finance, and shall work
under the supervision and control of the city manager
in all matters; except that as custodian of all the
public moneys which may come into his hands, he
shall be governed by the laws of the state relating to
city treasurers and funds of municipalities, and shall
be responsible under his bond for the safekeeping of
all public moneys and the deposit of the same as
required by law. The director of finance shall be
custodian of all public moneys for the city and all
other public moneys for the city and all other public
moneys coming into his hands. He shall keep and
preserve such money in the place or places
determined by ordinance or by the provisions of any
law applicable thereto. Except as otherwise provided
by law, he shall collect, receive and disburse all other
public moneys coming into his hands, in pursuance
of such regulations as may be prescribed by the
authorities having lawful control of such funds. The
director of finance shall keep and have the
supervision of all accounts of the city, and shall be
the collector of all moneys paid to the city.
B. The director of finance shall:
1. Mail notices of all special assessments for
public improvements to property owners, and per-
(Bozeman 11.01)
form all duties in connection with special assess-
ments for improvements prescribed by law for city
treasurers;
2. Have charge ofthe collection of such assess-
ments as are payable directly to the city and the
preparation of the lists and the certification thereof of
all unpaid assessments to the county treasurer for
collection by him;
3. Issue all licenses and collect all fees therefor;
4. Be the collector of water rents and all other
moneys owing to the city on account of the city
waterworks system. The director of finance shall be
responsible for the safekeeping of all funds on ac-
count of the city waterworks system, and the bond to
be given by the director of finance, as hereinafter
provided, shall cover his duties with respect to funds
derived from or on account of the waterworks sys-
tem, as well as all other funds which may come into
his hands.
C. The director of finance shall have all the
authority and shall be charged with all the duties
prescribed by MCA ~ 7-3-4301, 1981, et seq., and
amendments thereof and thereto, and all of the laws
of the state of Montana and ordinances of the city
relating to the powers and duties of city treasurers of
municipalities insofar as they do not conflict with
MCA ~ 7-3-4301, 1981, et seq., except that he shall
not have charge of the purchasing of supplies for or
selling property belonging to the city.
D. The director of finance shall be appointed by
the city manager and shall serve until removed by
him and until his successor is appointed and quali-
fies. Before entering upon the duties of his office, the
director of finance shall take and subscribe to the
oath of office, and give an official bond in the sum of
at least twenty thousand dollars, and such an
additional amount as the commission may require,
with sufficient surety to be approved by the com-
mission, and said oath and bond shall be filed with
the clerk thereof. He shall receive such salary as may
be fixed by the annual salary ordinance, or otherwise
fixed by the commission. (Prior code ~ 2.08.320)
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2.32.020 City manager duties.
Under the department of finance, the duties of the
city manager shall include the purchase, storage and
distribution of supplies needed by the various de-
partments, and he shall have charge, under the su-
pervision of the city cominission, of selling all real
and personal property of the city not needed or
suitable for public use or that may have been con-
dellUled as useless by him. He shall have charge of
such storerooms and storehouses as the city may
possess in which shall be stored all supplies and
materials purchased by the city and not delivered to
the various departments. He shall inspect all supplies
delivered to determine quality and quantity in
conformity with specifications. (Prior code ~
2.08.330)
2.32.030 Fiscal year-Revenue and expen-
diture estimates.
A. The fiscal year of the city shall begin on the
first day of January. On or before the first day of
November of each year, the city manager shall
submit to the commission an estimate of the expen-
ditures and revenues of the city departments for the
ensuing year. Thereafter, and upon receipt of such
estimate, the cOnmllssion shall prepare and pass an
appropriation ordinance.
B. Upon request of the city manager, the com-
mission may transfer any part of an unencumbered
balance of an appropriation to a purpose or object for
which the appropriation for the current year has
provided insufficient, or may authorize a transfer to
be made between items appropriated to the same
office or department.
C. At the close of each fiscal year, the unencum-
bered balance of each appropriation shall revert to
the respective funds from which it was appropriated
and shall be subject to future appropriation. (Prior
code ~ 2.08.340)
2.32.040 Sinking fund trustees designated.
The members of the commission, the city manager
and the director of finance shall constitute the sinking
fund trustees. The mayor shall be the president and
the director of finance and shall be the secretary of
2.32.020-2.32.050
the trustees of the sinking fund. The trustees of the
sinking fund shall manage and control the sinking
fund in the manner provided by the laws of the state
or by ordinance. (Prior code ~ 2.08.350)
2.32.050 Assistance by clerk of the
commission-Oath and bond.
In addition to the duties of the clerk of
commission, as set forth in Section 2.04.060, and in
addition to the duties prescribed by statute, the clerk
of the commission shall devote all of his time not
required in the discharge of his duties as clerk of the
commission as aforesaid, assisting the director of
finance or petforming such other duties as the man-
ager may direct, and when so assisting the director of
finance, he shall work under the direction and
supervision of said director. Before entering upon the
duties of his office, the clerk of the commission shall
take and subscribe to the oath of office, and give an
official bond in the sum of at least three thousand
dollars, and such additional amount as the
commission may order, with sufficient surety to be
approved by the commission and which said bond
shall cover the duties of the clerk of the commission
both as clerk and as assistant to the director of
finance, which oath and bond shall be filed with the
director of finance. The clerk of the commission shall
receive such salary as may be fixed by the
commission, and provided by the annual salary
ordinance. (Prior code ~ 2.08.360)
15
(Bozeman 11-01)
2.36.010-2.36.050
Chapter 2.36
DIVISION OF RECREATION
Sections:
2.36.010
2.36.020
2.36.030
Creation and purpose of division.
Division administration.
Recreation and parks advisory
board creation, membership and
meetings.
Board, ex officio member.
Board secretary.
Board recommendations to city
manager.
Board recommendations to city
commission.
Board-Donations.
Division duties.
Recreation fees.
2.36.050
2.36.060
2.36.070
2.36.080
2.36.090
2.36.100
2.36.110
2.36.010 Creation and purpose of division.
There is created in and under the department of
public welfare of the city a division of recreation.
The division shall have charge of and be charged
with the responsibility for public recreation, play-
ground work and other activities to be carried on in
the public parks and playgrounds and other facilities
of the city and facilities contracted for with other
agencies. (Ord. 1175 ~ 1 (part), 1985)
2.36.020 Division administration.
The functions of the division of recreation shall be
carried out by a designee of the city manager and
such employees and/or assistants as may be neces-
sary. (Ord. 1175 ~ 1 (part), 1985)
2.36.030 Recreation and parks advisory
board creation, membership and
meetings.
A. The city commission shall appoint a recreation
and parks advisory board, hereinafter referred to as
the "board," which shall consist of up to fourteen
members, representing as many facets of recreational
programs as possible and selected as follows:
(Bozeman 11-01)
1. Seven of the members shall be city of
Bozeman residents appointed by the city
commission;
2. Two of the members shall be recommended by
the board of commissioners of Gallatin County,
Montana, with final appointment to be made by the
city commission;
3. Up to three additional at-large members may
be appointed by the city commission, with city
residency being a consideration, but not a mandatory
requirement; and
4. Up to two student members from area
secondary schools, including home schooled
students, may be appointed by the city commission,
with city residency being a consideration, but not a
mandatory requirement.
All members shall be appointed for terms ofthree
years, except student members who shall be
appointed for a term of one year. A majority of the
members on the board, regardless of its size, shall be
residents of the city.
B. The board shall hold an annual meeting in
January, at which meeting it shall elect one of its
members as chairman of the board to serve as such
for the ensuing year; and it shall hold such other
meeting as may be required to transact business
which may come before it. A majority of the voting
members of the board shall constitute a quorum for
the purposes of conducting business. Regular meet-
ings will be held on such dates as may be set by the
board, and special meetings may be held on any date
at the request of a majority of the members of the
board, the city manager or the city commission. All
meetings shall be open to the public. Reasonable
public notice shall be given prior to all regular and
special meetings. (Ord. 1507 ~ 1,2000; Ord. 1312 ~
1,1990: Ord. 1175 ~ 1 (part), 1985)
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2.36.050 Board, ex officio member.
The city manager, or a designee, shall be an ex
officio, nonvoting member of the board. It shall be
his duty to keep the board infonned as to city poli-
cies, the city budget, to make available to them any
information which he deems pertinent to the recre-
16
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ation and parks advisory board. (Ord.13]2 ~ 3,1990:
Ord. 1175 ~ 1 (part), 1985)
2.36.060 Board secretary.
The board shall select a secretary, who shall attend
all meetings of the board aDd keep correct minutes of
all proceedings of the board in a book to be provided
for that purpose, to be called the "record of the
recreation and parks advisory board of the city of
Bozeman" and shall perform such other duties
necessarily implied by the activities and duties ofthe
board. The secretary may be an employee of the city
approved by the city manager or a board member.
(Ord.1312 ~ 4,1990: Ord. 1175 ~ 1 (part), 1985)
2.36.070 Board recommendations to city
manager.
The board shall make recommendations to the city
manager on the following subjects:
A. The number and nature of duties of division
employees and/or assistants;
B. Recreation program offerings;
C. Rules and regulations for the management of
playgrounds, recreation centers and other recreation
places and activities;
D. Fees to be charged for activities and use of
recreation property;
E. Annually review with division administration
and submit not later than May ] st of each year a
proposed budget covering the recreational activities
to be offered by the division for the ensuing fiscal
year; and
F. Other recommendations as requested. (Ord.
1175 ~ ] (part), 1985)
2.36.080 Board recommendations to city
commission.
The board shall make recommendations to the city
commission on policy and procedural matters in the
field of public recreation. Subject to the approval of
the city manager, the board shall make
recommendations on the following subjects:
A. Equipment, operation and supervision of
playgrounds, athletic fields, swimming pools and
indoor recreation facilities, on or in any public
2.36.060-2.36.100
grounds or buildings, either within or without the
city, which the city commission may from time to
time provide, acquire, authorize, offer, designate or
set apart for such use;
B. The organization and conduct of play and
recreation activities on the grounds and in the build.
ings under the control of the school district or
Gallatin County, upon approval of the respective
entity;
C. The use of any grounds, places, buildings or
facilities which may be offered, either temporarily or
permanently, by individuals or corporations for
playground or recreational purposes;
D. On parkland or cash-in-lieu proposals by
developers through the planning process; and
E. Other recommendations as requested. (Ord.
1] 75 ~ ] (part), 1985)
2.36.090 Board-Donations.
When approved by the city commission, the board
may, on behalf of the city, receive donations, legacies
or bequests for the improvement or maintenance of
playgrounds, recreation centers or other recreational
facilities; and all moneys that may be derived from
such donations, legacies or bequests shall be
deposited with the director of finance of the city to
the credit of the recreation trust fund; and the same
may be drawn therefrom and paid out upon approval
of the city commission in the same manner as
provided in payment of moneys legally appropriated
for the acquisition, support and improvement for
playgrounds, recreation centers and other recreation
places; and the moneys so derived from such
donations, legacies or bequests shall be used solely
for such playground or recreation uses. (Ord. 1175 ~
1 (part), 1985)
2.36.100 Division duties.
The division of recreation shall have authority to
organize and conduct leisure time activities for
individuals of aU ages in a constructive and whole
some manner. (Ord. 1] 75 ~ I (part), 1985)
16a
(Bozeman !!.{)!)
2.36.110--2.56.0 I 0
2.36.110 Recreation fees.
Fees charged by the division for activities and use
of recreation property shall be deposited with the
director of finance. (Ord. 1175 ~ 1 (part), 1985)
Chapter 2.40
DEPARTMENT OF PUBLIC SAFETY
Sections:
2.40.010
Powers and duties of city
manager.
Police force-Organization-
Enforcement authority.
Fire force-Organization-Fire
chief authority.
Application of other laws to police
and fire departments.
Enforcement personnel for
building, electrical and plumb-
ing codes.
2.40.020
2.04.030
2.04.040
2.04.050
2.40.010 Powers and dnties of city manager.
The city manager shall, unless otherwise ordered
by the commission, be the head of the department of
public safety and the director thereof, and shall be the
executive head of the division of police and fire. He
shall also be the chief administrative authority in all
matters affecting the inspection and regulation of, the
erection, maintenance, repair and occupancy of
buildings, including the inspection of plumbing and
electrical wiring in buildings, and shall have charge
of the enforcement of all ordinances of the city
regulating such matters, and shall see that the laws of
the state in respect thereto are enforced within the
city. He shall also be charged with the enforcement
of all laws and ordinances relating to weights and
measures. (Prior code ~ 2.08.270)
(Bozeman 1l.0 I)
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2.40.020
2.40.020 Police force-Organization-
Enforcement authority.
A. The police force of the city shall be
composed of a chief of police and such other
officers, patrolmen and other employees as the
city manager may determine. The chief of police
shall have control of stationing and transferring
the police force, under such rules and regu-
lations as the city manager may prescribe.
Before entering upon the duties of his office,
the chief of police shall take and subscribe to
the oath of office, and shall give an official
bond in the sum of one thousand dollars, with
sufficient surety to be approved by the com~
mission, and said oath and bond shall be filed
with the clerk thereof. All other officers, patrol-
men and employees constituting the police force
shall take and subscribe to the oath of office
which shall be duly filed and shall give bond
to the city, if required by the city manager, and
in an amount to be fixed by him. The chief of
police, and all of the officers, patrolmen and
employees constituting the police force, shall
receive such salary or compensation as may be
fixed by the city manager. The chief of police,
patrolmen and all officers constituting the
police force shall hold their office at the will
of the city manager.
B. Pursuant to MCA ~ 7-324301, 1981,
the members of the police department of the
city are authorized to make arrests of persons
charged with crime within the city limits of
16-1
(Bozeman 3-87)
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the city and within five miles thereof. (Prior
code ~ 2.08.280)
2.40.030 Fire force-Organization-Fire chief
authority.
A. The fire force of the city shall be com-
posed of a fire chief and such other officers,
firemen and employees as the city manager
may determine. The fire chief shall have control
of the stationing and transferring of all firemen
and other employees and officers constituting
the fire force, under such rules and regulations
as the city manager may prescribe. Before en-
tering upon the duties of his office, the fire
chief shall take and subscribe to the oath of
office, and shall give an official bond in the sum
of one thousand dollars, with sufficient surety
to be approved by the commission, which shall
be filed with the clerk thereof.
B. All other officers, paid firemen and em-
ployees constituting the fire force shall take
and subscribe to the oath of office, which shall
be duly filed, and shall give bond to the city if
required by the city manager, in an amount to
be fixed by him. The fire chief and all of the
officers, firemen and employees constituting
the fire force shall receive such salary or com-
pensation as may be fixed by the city manager.
The fire chief, firemen and employees consti~
tuting the fire force shall hold their office at the
will of the city manager. (Prior code ~ 2.08.290)
2.40.040 Application of other laws to police
and fire departments.
The provisions of all of the laws of the
state and of the ordinances of the city relating
to police and fire departments shall be in force
and shall govern the police and fire departments
of the city, insofar as they are not inconsistent
with Chapter 152 of the Acts of the Fifteenth
Legislative Assembly of the state, and the pro.
visions ofthis title. (Prior code ~ 2.08.310)
2.40.030-2.44.010
2.40.050 Enforcement personnel for
building, electrical and plumbing
codes.
The city manager shall have the power and
authority to employ such assistants as he may
require in order to effectually enforce the
provisions of the building, wiring and plumbing
codes of the city. Such assistants as he may
employ for such purposes shall receive such
compensation as the city manager may deter-
mine, and shall be employed for such length of
time and on such a basis as he shall determine
necessary or advisable. (Prior code ~ 2.08.300)
Chapter 2.44
DEPARTMENT OF PUBLIC SERVICE
Sections:
2.44.010
Director designated-Powers and
duties.
Sewer connection requirements-
Director powers and duties.
Engineer and other department
personnel.
2.44.020
2.44.030
2.44.010 Director designated-Powers and
duties.
The person holding the office of city manager
shall, unless otherwise ordered by the com.
mission, be the head of the department of
public service and the director thereof, and
shall discharge all of the duties prescribed by
law for that officer, and as such shall manage
and have charge of the constmction, improve~
ment, repair and maintenance of streets, side-
walks, alleys, lanes, bridges, viaducts and other
public highways, and of all sewers and sewerage
disposal plants, drains, ditches, culverts, canals,
streams and watercourses. He shall manage and
have charge of the waterworks system owned
by the city, and all buildings owned by the city,
and improveme'nts thereon, and shall have
charge of the enforcement of all obligations of
privately owned or operated public utilties
17
2.44.020-2.48.010
enforceable by the city. He shall have charge
and supervision of the making and preservation
of all surveys, maps, plans, drawings and esti-
mates for public work; and charge of the clean-
ing, sprinkling and lighting of streets and public
places; and of the collection and disposal of
waste; and charge and supervision of the preser-
vation of contracts, papers, plans, tools and
appliances belonging to the city and pertaining
to the department of public service. (Prior code
~ 2.08.150)
2.44.020 Sewer connection requirements-
Director powers and duties.
The manager as such, or as director of public
service, shall have authority to compel the mak~
ing of sewer connections whenever, in view of
a contemplated street improvement which has
been ordered by the commission, or as a sanitary
regulation, a sewer connection should in his
judgment be constructed. He shall cause written
notice requiring such construction to be given
to the owner of each lot or parcel of land for
which such connection is to be made. Such no-
tice shall be served by the manager or some per.
son designated by him in the manner provided
for the service of summons in civil actions. Non-
residents of the city, or persons who cannot be
found, may be served by one publication of such
notice in a daily newspaper of general circula.
tion in the city. It shall state the time within
which such connections shall be constructed,
and if they are not constructed within the time
specified, they may be constructed by the
city and the cost thereof, together with a
penalty of five percent, assessed against the
lots and lands for which such connections are
made. Such assessments shall be certified and
collected as other assessments for street im-
provements. (Prior code ~ 2.08.160)
2.44.030 Engineer and other department
personnel.
In the department of public service there
may be an engineer, and there shall be such
officers and employees as the city manager may
determine, all of whom shall work under the
direction and supervision of the city manager or
director of public service. Before entering
upon the duties of his office, the engineer shall
take and subscribe to the oath of office and
shall give an official bond in the sum of at least
one thousand dollars, with sufficient surety to
be approved by the commission, and such oath
and bond shall be filed with the clerk thereof;
and all other officers and employees in the
department of public service shall give a bond
to the city if required by the city manager,
in an amount to be fixed by him. The engineer
and all of the officers and employees in the
department of public service shall receive such
salary or compensation as may be fixed by the
city manager and shall hold office or be em.
ployed at the will of the city manager. (Prior
code ~ 2.08.170)
.
Chapter 2.48
DEPARTMENT OF PUBLIC WELFARE
.'
. --
Sections:
2.48.010
Director designated-Powers and
duties.
Employment of personnel.
Public band concerts and band
concert fund.
2.48.020
2.48.030
2.48.010 Director designated-Powers and
duties.
The person holding the office of city manager
shall, unless otherwise ordered by the com-
mission, be the head of the department of
public welfare and the director thereof, and shall
discharge all of the duties prescribed by law for
that officer, and as such shall manage all chari-
table, correctional and reformatory institutions
and agencies belonging to the city and the use
of all recreational facilities of the city, including
libraries, parks and playgrounds. He shall have
charge of the inspection and supervision of
public amusements and entertainments. He shall
.
18
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enforce all laws, ordinances and regulations relative
to the preservation and promotion of public health,
the prevention and restriction of disease, the preven-
tion, abatement and suppression of nuisances, and the
sanitary inspection and supervision of the production,
transportation, storage arid sale of foodstuffs. He
shall cause a complete and accurate system of vital
statistics to be kept. In time of epidemic or threatened
epidemic, he may enforce such quarantine
regulations as are appropriate to the emergency.
(Prior code ~ 2.08.180)
2.48.020 Employment of personnel.
The city manager, as head of the department of
public welfare, shall have power to employ such
assistants, laborers and employees as may be neces~
sary in that department in order to carry out and do
the work of the department, in all cases where no
provision has otherwise been made therefor. (Prior
code S 2.08.050)
2.48.030 Public band concerts and band
concert fund.
The matter of providing for public band concerts
in the city, and of the expenditures of the band
concert fund, shall be under the department of public
welfare, and under the direct charge and supervision
of the city manager. (Prior code ~ 2.08.260)
Chapter 2.56
LIBRARY BOARD OF TRUSTEES
Sections:
2.56.010
Appointment-Composition and
organization-Powers and duties.
2.56.010 Appointment-Composition and
organization-Powers and duties.
A. The board of trustees of the public library of
the city shall be under the department of public
welfare. The board shall be composed of five per-
sons, and shall be appointed by the mayor with the
advice and consent of the commission, and shall
2.48.020-2.64.010
serve without pay. The trustees shall hold their office
for the term of five years, and one trustee shall be
appointed annually at the beginning of each fiscal
year for the term of five years, and until hislher
successor is appointed and qualifies. Trustees shall
serve no more than two full terms in succession. The
powers and duties of the board shall be those
prescribed by the laws ofthe state and the ordinances
ofthe city.
B. The trustees of the library board shall perfect
their own organization, and select such officers for
such board as they may deem advisable. The chair~
man and vice-chairman of the board shall be one of
their number. They shall have power to select
librarians and other employees as they may deter-
mine and fix the amount of any bond which they may
require to be given by the librarian and other
employees. They shall have power to receive books
from all sources for the use and benefit of the library
and to purchase books therefor with any money
available for that purpose, and power to prescribe all
rules and regulations for the use of books and the
preservation of the same. The board shall keep a
record of its transactions, and shall make a report to
the city commission at the close of each calendar
year, covering the business transacted by it during the
year. (Ord. 1163, 1984: Ord. 1094 S 1, 1982: prior
code S 2.08.200)
Chapter 2.64
CITY-COUNTY PLANNING BOARD
Sections:
2.64.010
2.64.020
2.64.030
Established-Powers and duties.
State law adopted by reference.
Additional member appointed by
city.
2.64.010 Established-Powers and duties.
Pursuant to and under the provisions of Title 76 of
the Montana Code Annotated, the city commission of
the city of Bozeman does create and establish ajoint
city-county planning board as provided in said title,
19
(Bozeman 11-01)
2.64.020----2.66_030
and does by this chapter adopt all of the sections of
the laws of Montana aforementioned that specifically
pertain to a joint city-county planning board, granting
and delegating to the city-county planning board all
of the rights, privileges, powers, duties and
responsibilities thereto appertaining. (Ord. 1291 S I,
1989: prior code S 2.20.010)
2.64.020 State law adopted by reference.
The city commission does adopt by this reference
the language of the laws of Montana aforementioned
as they specifically pertain to a joint city-county
planning board, in this chapter the same as if they
were set out herein in full. (Ord. 1291 S 2, 1989:
prior code S 2.20.020)
2.64.030 Additional member appointed by
city.
In addition to the membership specified in Section
76-1-201 Montana Code Annotated, pursuant to the
interloca1 agreement between the city of Bozeman
and Gallatin County dated September 11, 1989, on
file and of record both in the offices of the clerk of
the city commission and the Gallatin County clerk
and recorder, so long as the city-county planning
board is designated to act as the city of Bozeman's
zoning commission, the city shall appoint one
additional member to the city-county planning board
who must reside within the city limits of Bozeman,
Montana. (Ord. 1291 S 3, 1989)
Chapter 2.66
CITY PLANNING BOARD
Sections:
2.66.010
Established-Powers and duties
duties.
Jurisdiction.
Composition.
2.66.020
2.66.030
2.66.010 Established-Powers and duties.
Pursuant to and under the provisions of Title 76,
Montana Code Annotated, the city commission of the
(Bozeman 11-01)
city does create and establish a city planning board to
be known as the "Bozeman planning board" as
provided in said title, and does by this chapter adopt
all of the sections of the laws of Montana
aforementioned that specifically pertain to a city
planning board, granting and delegating to the city
planning board all of the rights, privileges, powers,
duties and responsibilities thereto appertaining. (Ord.
1508 S 1 (part), 1999: Ord. 1494 S 1 (part), 1999)
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2.66.020 Jurisdiction.
The Bozeman planning board shall have such
jurisdiction as provided by state law. (Ord. 1508 S 1
(part), 1999: Ord. 1494 S 1 (part), 1999)
2.66.030 Composition.
The Bozeman planning board shall consist of nine
members, appointed to two year terms, as follows:
A. One member appointed by the city
commission from its own membership. The term of
the appointed member shall be coextensive with the
term of office to which he or she has been elected or
appointed unless the commission, on its first regular
meeting of each year, appoints another to serve as its
representative or unless the appointee's commission
term is terminated;
B. Three members appointed by the city
commission, one of whom, at the commission's
discretion, may be an employee of the city of
Bozeman or hold public office in Bozeman or
Gallatin County. Initial terms of these members shall
be for one year, thereafter the appointments shall be
for two year terms;
C. One member appointed by the mayor, upon
designation by the Gallatin County board of
commissioners, who may be a member of the board
of county commissioners or an office holder or
employee of the county. This appointment shall be
coterminous with the term of the mayor;
D. Four citizen members appointed by the mayor,
who shall be resident freeholders within the city
limits, and who shall be qualified by knowledge and
experience in matters pertaining to the development
of the city. These appointments shall be coterminous
with the term of the mayor.
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The clerk of the city commission shall certify the
members appointed by the city commission. The
certificates shall be sent to and become a part of the
records ofthe Bozeman planning board. The mayor
shall make similar certification for the appointment
of citizen members. (Ora. 1508 ~ 1 (part), 1999:
Ord. 1494 ~ 1 (part), 1999)
Chapter 2.72
CITY EMPLOYEES
Sections:
2.72.010
Residency restrictions for city
employees.
2.72.010 Residency restrictions for city
employees.
A. All employees of the city are required to
maintain their residency within the city limits, or
within a twenty minute response time to their place
of employment.
B. All employees desiring to live outside of the
city limits shall:
1. Obtain written permission from his or her
respective department head and the city manager;
2. Provide a personal one-patty-line telephone
connection to his or her place of residency.
C. In establishing and verifying the twenty min-
ute response time, the city manager shall have full
discretion. (Ord. 1108 ~ 1- 3, 1982)
Sections:
2.76.010
2.76.020
2.76.030
2.76.040
2.76.050
2.76.060
2.76.070
2.76.080
2.76.090
2.76.100
2.76.110
2.76.120
2.76.130
2.76.140
20-1
2.72.010
Chapter 2.76
CEMETERY
Authority.
Cemetery land.
Cemetery board-Composition
-Organization-Power and
duties.
Management-Enforcement
authority.
Sale of lots.
Transfer of lots.
Record of lots sold.
Special cemetery sections.
Interment permit required.
Disinterment.
County burial.
Expenditures-Payment of
claims.
Perpetual care-Plan generally.
Perpetual care-Fund established
-Maintenance fee-Agree-
ment and deposit conditions.
(Bozeman 11-01)
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2.76.150
Perpetual care-Form of
agreement.
Perpetual care-Fund record
keeping and reports.
Interment restrictions.
Fences prohibited.
Malicious mischief prohibited.
Entering at night prohibited.
Speed limit and other motor
vehicle restrictions.
Dogs prohibited.
Penalties for violations.
2.76.160
2.76.170
2.76.180
2.76.190
2.76.200
2.76.210
2.76.220
2.76.230
2.76.010 Authority.
A. Pursuant to the provisions of Section 7-35-
4101, M.C.A., the city has established a municipal
cemetery known as the "Sunset Hills Cemetery."
B. It is unlawful for any person, association or
corporation to bury or inter. or cause to be buried
or intered. the dead body of any person in any place
in the city. or to maintain a cemetery within the
limits of the city, or within three miles of the limits
of the city, except as provided in this chapter. (Ord.
1200 (part). 1986)
2.76.020 Cemetery land.
Sunset Hills Cemetery shall be comprised of all
those lots, blocks and parcels of land heretofore
conveyed to the city for cemetery purposes, as re-
corded in the office of the clerk and recorder of the
county. together with such land hereafter conveyed
and recorded for that purpose. (Ord. 1200 (part).
1986)
2.76.030 Cemetery board-Composition-
Organization-Power and duties.
A. There is created a cemetery board consisting
of five members to be appointed by the city com-
mission for three year staggered tenns. Should a
vacancy occur on the board the city commission
shall appoint a new member to complete the term
of appointment so vacated. A majority of the board
members shall be residents of the city and shall
serve without remuneration. Whenever practicable.
2.76.010-2.76.050
one of the members of the board shall be a repre-
sentative of an active, recognized veterans group.
B. The cemetery board. as herein created, shall
serve as an advisory board to both the city commis.
sion and the director of public service and, as such.
shall be charged with making such investigations
and recommendations as requested or deemed neces-
sary for the operation of the cemetery and as re-
quired in this chapter.
C. The members of the cemetery board shall
perfect their own organization and select such offi-
cers for the board as they deem advisable. They
shall cause to be kept correct minutes of all pro-
ceedings of the board and the same shall be avail-
able for public review in the office of the clerk of
the commission. (Ord. 1462 ~ 1, 1998: Ord. 1200
(part), 1986)
2.76.040 Management-Enforcement
authority.
The management. maintenance and control of the
Sunset Hills Cemetery shall be under the direct
control and supervision of the city manager or his
designee the director of public service (works). It
shall be his duty to enforce all rules, regulations and
ordinances promulgated by the cemetery board and
adopted by the city commission for the administra-
tion of the cemetery. (Ord. 1200 (part), 1986)
2.76.050 Sale of lots.
A. All ground within the Sunset Hills Cemetery,
as now created or hereinafter added to, as platted or
as hereinafter platted. shall be sold for burial pur-
poses only. and such sale shall be made subject to
the rules and regulations promulgated by the ceme-
tery board and adopted by the city commission. The
director of finance. or his designee, shall sell lots at
the prices fixed by the city commission, giving to
the purchaser a deed receipt therefor, showing the
amount paid and a description of the 10t/s sold. Said
deed fonn and sale price of the lots shall be as
recommended by the cemetery board and approved
in resolution fonn by the city commission. The
purchase price for the lot or lots and the mainte-
nance fee for same. as required in Section 2.76.130
21
(Bozeman 4-98)
2.76.050
of this chapter, are due and payable before a deed
receipt can be issued.
B. The purchaser may enter into a sale/purchase
agreement with the city for a cemetery lot or lots
with the following stipulations:
1. The total purchase price shall be the same as
in subsection A above.
2. A downpayment in the amount of one-third
shall be paid at the time of the execution of the
agreement.
3. The balance of the total purchase price shall
be paid on or before one year from date of execu-
tion of the agreement. An administrative charge of
one dollar per month shall be assessed, regardless
of the amount due, until the full purchase price has
been paid.
4. Upon final payment, as per the agreement, a
deed receipt shall be issued by the director of fi-
nance in the same manner as provided for in sub~
section A above. but in no case shall the lot or lots
be used for purposes of intennent until the full
purchase price has been paid.
5. In the event that the purchaser fails to pay the
balance within one year from date of execution of
the agreement. the purchaser shall lose the
downpayment and forfeit all rights, title and interest
in and to said lot or lots and the same shall revert
to the city.
6. The above agreement may be revoked by the
purchaser for good cause, Le..leaving the state, etc.,
upon notification to the director
(Bozeman 4-98)
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of finance of same. The downpayment shall be
refunded less the administrative charge as listed in
subdivision 3 above.
The sale/purchase agreement shall be promulga-
ted by the director of fmance and approved by the
city attorney. (Ord 1200'(part), 1986)
2.76.060 Transfer oflots.
No lot or lots sold by the director of finance shall
be sold or transferred by the purchaser to any person
whomsoever except as follows:
A. Such lot or lots may be transferred to other
members of the family upon receipt by the director of
finance of a notarized letter from the owner
requesting such transfer and stating the reason
therefor. Nothing herein shall prevent the interment
of nonfamily members at the request of the owner of
the lot or lots.
B. Such lot or lots may be reconveyed to the city.
The purchaser shall receive therefore the price paid
for the lot or lots in the first instance less an
administrative charge as recommended by the
cemetery board and approved by the city
commission. Such reconveyance to the city shall be
by quitclaim deed.
C. The owner of such lot or lots may trade same
for another lot or lots of equal size. If the current
price of the deed and the maintenance fee (previously
called permanent care) is greater for the new lot or
lots than that paid for the original lot or lots, the
owner shall pay the difference before the trade shall
be completed. In addition, if no permanent care fee
had been paid on the original lot or lots, the current
maintenance fee shall be paid before the trade shall
be completed. (Ord. 1200 (part), 1986)
2.76.070 Record of lots sold.
The director of finance, or designee, shall keep a
record of all lots sold and the deed receipt therefor;
the deed receipt shall be duly recorded in a book kept
for that purpose. In addition, a record of such sales
shall also be made in the cemetery plat book. (Ord.
1200 (part), 1986)
2.76.060--2.76.100
2.76.080 Special cemetery sections.
Certain sections of the Sunset Hills Cemetery have
been set aside and are known as the Veteran's
Section, the Catholic Section, the !.O.O.F. Section
and the Masonic Section. The sale of such lots shall
be in the same manner as provided in Section
2.76.050. Operation, care and maintenance of these
sections shall be the same as provided in all other
parts of the cemetery. (Ord. 1491 ~ I (part), 1999:
Ord. 1490 ~ 1 (part), 1999)
2.76.090 Interment permit required.
No person, firm, association or corporation shall
inter or assist in and about the interment of the final
placing of the body of any human being within the
cemetery unless an interment permit has first been
applied for, and been granted, authorizing such
interment. Said interment permit shall be issued by
the director of fmance, and shall not be so issued
until the fee (as set forth by resolution of the city
commission) therefor has been paid. The interment
permit shall only be issued subject to a permit
therefor obtained from the county sanitarian's office
and under such rules and regulations as shall be
prescribed by the Bureau of Records and Statistics of
the State Department of Health and Environmental
Sciences. The city shall prepare all grave sites for
interment. The foregoing shall not preclude the
director of fmance from billing local mortuaries on a
monthly basis for such fees. (Ord. 1200 (part), 1986)
2.76.100 Disinterment.
No person, firm, association or corporation shall
disinter, move or remove any body from the
cemetery without first obtaining a permit therefor
from the director of finance. The disinterment permit
shall only be issued subject to a permit therefor
obtained from the county sanitarian's office and
under such rules and regulations as shall be
prescribed by the Bureau of Statistics of the State
Department of Health and Environmental Sciences.
lithe original interment took place more than one
week prior to the request for disinterment, said
request showing reasonable cause, shall be in writing
23
(Bozeman 11-01)
2.76.110---2.76.150
to the city manager, or his designee, and be
accompanied with the appropriate fee.
In addition, if the original intennent took place
more than one week prior to the request for
disinterment, and the coffin is to be opened, the
county coroner or other disinterested official shall be
on hand to witness the disintennent. (Ord. 1200
(part), 1986)
2.76.110 County burial.
Lots in the Sunset Hills Cemetery shall be set
aside and are so reserved for pauper dead. All burials
therein shall be made subject to the order of the
board of county commissioners of this county. In all
cases of the burial of poor, the intennent fee shall be
charted to, and collected from, the county. The
interment fee shall be as agreed upon by the county
commissioners and the city commission.
Cadavers from the Montana State University
Biology Department, Medical Science and W AMI
Programs shall be interred in the same manner as
county burials, the interment fee being charged to,
and collected from, Montana State University. (Ord.
1200 (part), 1986)
2.76.120 Expenditures-Payment of claims.
The city commission shall annually appropriate
money for operation and maintenance of the
cemetery, and the director of finance shall pay all
approved claims that are within the appropriation.
Claims for expenditures may be ordered and
authorized by the director of public service or his
designee. Upon the approval and allowance of said
claims, so presented, the same shall be paid from the
all-purpose general fund. (Ord. 1200 (part), 1986 )
2.76.130 Perpetual care--Plan generally.
The city shall provide for the perpetual care of
cemetery lots in the cemetery under such rules and '
regulations promulgated by the cemetery board and
approved by the city commission. (Ord. 1200 (part),
1986)
(Bozeman 11.0 I)
2.76.140 Perpetual care--Fund established-
Maintenance fee--Agreement and
deposit conditions.
A. The permanent care fund heretofore
established is reestablished as the cemetery perpetual
care trust fund and is herein referred to as the CPC.
All moneys deposited in, or credited to, the CPC
shall be held in trust by the city and the same shall be
kept by the director of finance in a separate fund
apart from all other funds of the city.
B. For the purpose of providing funds for care
and maintenance of the cemetery, both now and in
the future, there is established a maintenance fee a
percentage of which, as adopted by resolution of the
city commission, shall be deposited into the CPC
trust fund. At the time of purchase of the lot or lots
the purchaser shall deposit the maintenance fee as
herein established and at the same time enter into an
agreement with the city for perpetual care of the lot
or lots, which agreement shall be known as the
"perpetual care agreement."
C. The CPC trust fund shall be invested and re-
invested by the director of finance. The city
commission may from time to time direct the
investment of such funds. The interest thereon, or
earnings therefrom, shall be credited to the all-
purpose general fund for the sole purpose of
defraying the cost of operating and maintaining the
cemetery. (Ord. 1200 (part), 1986)
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2.76.150 Perpetual care--Fonn of agreement.
The form of the perpetual care agreement shall be
as determined by the director of finance and
approved 'by the city attorney. (Ord. 1200 (part),
1986)
24
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2.76.160 Perpetual care-Fund record
keeping and reports.
A. The director of finance shall prepare and keep
a record of the perpetual care fund, which record
shall show:
1. The name of the person in whose name, or for
whom the deposit is made, and the amount thereof;
2. The character and amount of the securities in
which the perpetual care fund is invested;
3. Income from perpetual care fund investments.
B. An unaudited report shall be made by the
director of finance in the month of August immedi-
ately following the close of the fiscal year, to the city
commission, or at such times as the cemetery board
or the city commission may request. (Ord. 1200
(part), 1986)
2.76.170 Terms of interment.
A. Funerals may be conducted on Saturdays,
Sundays and holidays only when it is impossible or
impractical to conduct the funeral at another time.
However, an additional opening and closing fee shall
be charged as established by city commission
resolution.
B. Generally there shall be one interment per
standard size (five foot by ten foot) lot. If requested
in advance, not more than two coffins may be in-
terred in the standard size lot. If requested in ad-
vance, and only if the coffin is interred first, a stan-
dard size lot may be used to inter one additional
infant or up to four ashes canisters. In all cases where
more than one interment is to take place on a
standard size lot, an additional fee shall be charged as
established by city commission resolution. (Ord.
1200 (part), 1986)
2.76.180 Fences prohibited.
No lot or lots in the cemetery shall be marked or
defined by any fence, coping, railing, hedge, comer
posts or embankment, nor shall any lot be filled
above the established surrounding grade. (Ord. 1200
(part), 1986)
2.76.160-2.76.230
2.76.190 Malicious mischief prohibited.
It is unlawful for any person to cut, injure or
remove any tree, shrub or vegetation in the cemetery
(except authorized maintenance), or deface any
tombstone or ornament in the cemetery, or any
building in or fence surrounding the cemetery. (Ord.
1200 (part), 1986)
2.76.200 Entering at night prohibited.
It is unlawful for any person, without written
permission of the director of public service, to enter
the Sunset Hills Cemetery at any time from one-half
hour after sunset to one-half hour before sunrise.
(Ord. 1200 (part) 1986)
2.76.210 Speed limit and other motor vehicle
restrictions.
It is unlawful for any person to drive a motor
vehicle, or any other vehicle, on any of the roadways
in the cemetery at other than fifteen miles per hour so
as not to damage to roadways or any of the lots, and
in accordance with the rules and regulations of the
cemetery board. Such driver shall observe and be
confined to the roadways as established. (Ord. 1200
(part), 1986)
2.76.220 Dogs prohibited.
It is unlawful for any person to release, cause,
permit or bring a dog into the Sunset Hills Cemetery,
unless prior approval is obtained from the cemetery
superintendent or designee and the dog is part of a
funeral procession or was owned by the deceased or
the immediate family of the deceased. The cemetery
superintendent or designee may impose reasonable
conditions upon his or her approval. (Ord. 1432 ~ 1,
1996)
2.76.230 Penalties for violations.
A. It is a misdemeanor for any person to violate
any of the provisions of this chapter.
B. Every person convicted of a misdemeanor for
a violation of any of the provisions of this chapter
shall be punished by a fine of not less than five
dollars or more than five hundred dollars with the
following exceptions:
25
(Bozeman 11.01)
2.80.010-2.80.050
1. The minimum fine for violation of Sections
2.76.190,2.76.210 and 2.76.220 shall be one hundred
dollars;
2. Violations of Section 2.76.190 shall be pun-
ishable by a fine not excee,ding five hundred dollars,
or by imprisonment not exceeding six months, or
both.
C. Upon conviction, the court costs shall be
assessed against the violator. (Ord. 1432 ~ 2, 1996)
Chapter 2.80
HISTORIC PRESERVATION ADVISORY
BOARD
Sections:
2.80.010
2.80.020
2.80.030
2.80.040
2.80.050
2.80.060
2.80.070
2.80.080
2.80.090
Purpose and intent.
Object.
Scope.
Definitions.
Establishment and quorum.
Appointment and term vacancy.
Staff.
Meetings-Notice of meetings.
Powers and duties.
2.80.010 Purpose and intent.
The purpose and intent of this chapter is to provide
for an appointed citizen board for the city charged
with establishing a local historic preservation
program, integrating historic preservation into local,
state and federal planning and decision-making
processes, identifying, evaluating and protecting
historic resources within Bozeman, and educating the
general public about historic preservation. (Ord. 1454
~ 1, 1998: Ord. 1180 ~ 1, 1985)
2.80.020 Object.
This chapter is designed as a measure to establish
a local historic preservation program designed to
promote the preservation of historic and prehistoric
sites, structures, objects, buildings and historic dis-
tricts by addressing historic preservation issues atthe
local level and integrating them into local, state and
(Bozemaa 11-01)
26
federal planning and decision-making processes. The
historic preservation program will include the
identification, evaluation and protection of historic
resources within the city. (Ord. 1180 ~ 2, 1985)
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2.80.030 Scope.
The historic preservation advisory board shall
serve in an advisory capacity to the city commission,
city-county planning board, zoning commission and
other staff members or boards seeking advice on
historic preservation issues. (Ord. 1454 ~ 2, 1998:
Ord. 1180 ~ 3, 1985)
2.80.040 Definitions.
A. "City commission" means the governing body
of the city of Bozeman, state of Montana.
B. "Historic preservation advisory board" means
the board created by this chapter and appointed by
the local government of the city which is responsible
for creating and adm inistering a historic preservation
program.
C. "Historic preservation officer" hereinafter
called "preservation officer" means the official
appointed by the local government who is charged
with the responsibility of acting as staff to the his-
toric preservation advisory board. (Ord. 1454 ~ 3,
1998: Ord. 1180 ~ 4, 1985)
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2.80.050 Establishment and quorum.
In order to carry out the purpose of this chapter, an
historic preservation advisory board is created. All
historic preservation advisory board members shall
have a demonstrated interest, competence or
knowledge in historic preservation. Information on
the credentials of the historic preservation advisory
board members must be kept on file in the office of
the clerk of the city commission and available during
regular office hours for inspection by the public. This
historic preservation advisory board shall consist of
up to fifteen members, as follows:
A. At least three but not more than four members
with professional expertise in the disciplines of
history, planning, archaeology, architecture, architec-
tural history, historic archaeology, or other historic
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preservation-related disciplines such as cultural
geography or cultural anthropology, provided, how~
ever that at least one member shall be an architect
holding Montana or NCARB registration. Retired
professionals shall be given consideration equal to
that of practicing professionals. Residency within
the city shall not be a prerequisite for membership
as a professional representative.
B. At least two but not more than four members
shall be chosen from the finalized list of National
Historic Register historic districts in Bozeman, on
fIle at the city-county planning office. As new mem-
bers are chosen to replace those whose terms have
expired, an effort should be made to ensure ade-
quate distribution of representation among the dis-
tricts. A member may be chosen from a locally
designated historic district if strong interest exists
among residents of a particular district.
C. One representative for the commercial neigh-
borl1ood. This representative shall operate a business
or own property in the neighborhood described as
Main Street - the commercial area of downtown
Bozeman.
D. At least four, but no more than six members
shall be at-large representatives. Residency within
the city shall not be a prerequisite for membership
as an at-large representative.
E. Quorum. A quorum shall be comprised of a
minimum of fifty percent of the members, of which
at least two shall be professional members. (Ord.
1454 ~ 4, 1998: Ord. 1296 ~ 1, 1989: Ord. 1252 ~
1, 1987: Ord. 1180 ~ 5, 1985)
2.80.060 Appointment and term vacancy.
A. All appointments to the historic preservation
advisory board shall be made in accordance with the
procedures adopted by the city commission for
appointments to all advisory commissions and
boards.
B. Terms of office for the historic preservation
advisory board members shall be staggered and two
years in duration.
C. Vacancies on the board should be ftiled by
appointment in accordance with the procedures
adopted by the city commission for appointments to
2.80.060-2.80.080
all advisory commissions and boards. (Ord. 1454 ~
5, 1998: Ord. 1252 ~ 2, 1987: Ord. 1180 ~ 6, 1985)
2.80.070 Staff.
A. The preservation officer for Bozeman shall
act as staff to the historic preservation advisory
board. (S)he will be appointed by the historic pres-
ervation advisory board with the concurrence of the
city commission. In addition, (s)he may be em.
ployed by the appropriate city department.
B. The preservation officer must have a demon-
strated interest, competence or knowledge in historic
preservation.
C. Duties of the preservation officer include
coordinating the local historic preservation pro~
grams, helping in the development of local surveys,
projects and historic preservation planning docu-
ments, advising and providing assistance to the local
historic preservation advisory board, government
agencies and the public, and ensuring to the extent
practicable, that the duties and responsibilities dele-
gated by this chapter are canied out. (Ord. 1454 ~
6, 1998: Ord. 1180 ~ 7, 1985)
2.80.080 Meetings-Notice of meetings.
A. The historic preservation advisory board shall
conduct a minimum of one regularly scheduled
meeting each month, except that the chaitperson
may cancel any meeting or schedule special meet-
ings when such meetings are necessary to carry out
the provisions of this chapter. Regularly scheduled
meetings shall be held at such place, day and hour
as may from time to time be fixed by the board.
Written notice of special meetings shall be personal-
ly served on each member or left at the member's
usual place of residence at least twenty-four hours
before the time set for the meeting.
B. Requirements for public notice of meetings
of the historic preservation advisory board shall be
determined by the chairperson in consultation with
the Bozeman city attorney. All meetings shall be
open to the public in accordance with the Montana
State Open Meeting Law. Notice of the meetings
should be calculated to reach all interested and
affected members of the community.
27
(Bozeman 4-98)
2.80.090---2.84.010
C. The historic presetvation advisory board shall
establish its own bylaws confonning to the guide-
lines set forth in the "Certified Local Government
Program in Montana" and make all written or taped
minutes, reports and case decisions available to the
public. (Ord. 1454 ~ 7, 1998: Ord. 1180 ~ 8, 1985)
2.80.090 Powers and duties.
The historic presetvation advisory board shall
have the powers and duties to:
A. Maintain a system for the survey and invento-
ry of historic and prehistoric properties. The historic
presetvation advisory board shall maintain this in~
ventory of identified districts, sites and/or structures
within the city and make this infonnation available
to the public;
B. Use the National Register of Historic Places
criteria for designation of properties as a historic
district or site and shall apply these criteria for local
designation of historic and prehistoric properties;
C. Participate in the process of nominating to the
National Register of Historic Places according to the
Montana State Regulations for Certified Local Gov-
ernments, Section VI, (B). This includes reviewing
and commenting on any national register nomina.
tions on property within the city;
D. Review and comment on plarming programs
undertaken by the city, zoning commission, city-
county planning board, and state and federal agen-
cies which relate to historic resources such as land
use, municipal improvements, housing and other
public programs. This review and comment shall be
scheduled within time lines in place for whatever
action being taken;
E. Consult with city, state and federal agencies
on all applications, environmental assessments,
environmental impact statements and other similar
documents pertaining to historic districts, landmark
sites, landmarks or neighboring properties within the
city. Comments by the historic presetvation advisory
board shall be sent to the State Historic Preservation
Office;
F. Review the local zoning regulations for their
applicability to the characteristics of the proposed
historic districts, and make recommendations to the
(Bozeman 4-98) 28
appropriate advisory body or decision-making body
concerning any changes or modifications to the
zoning regulations and zoning district boundaries;
G. Make recommendations to the board of ad-
justment or city commission regarding variance
applications within any historic overlay zone;
H. Render advice and guidance upon request of
the property owner as to the restoration, alteration,
decoration, landscaping or maintenance of potential.
ly historic buildings or structures. The historic pres-
etvation advisory board may create volWltary design
guidelines which will be made available to the pub-
lic for assistance in presetvation projects;
I. Participate in, promote and conduct public
infonnation, educational and interpretive programs
pertaining to historic presetvation;
J. Review and process applications for tax
abatement pursuant to the provisions of Chapter 424
of the Laws of 1989 of the State of Montana as
codified by Sections 15-24.1601 et seq., Montana
Code Annotated. (Ord. 1454 ~ 8, 1998: Ord. 1296
~ 2, 1989: Ord. 1180 ~ 9, 1985)
Chapter 2.84
BOZEMAN BEAUTIFlCA TION ADVISORY
BOARD
Sections:
2.84.010
2.84.020
2.84.030
2.84.050
Creation.
Membership-Meetings.
Duties and responsibilities.
Board-Authority.
2.84.010 Creation.
The city commission shall appoint a Bozeman
beautification advisory board, hereinafter referred to
as "board," and designate the board to act as the
advisory board to the city commission on matters
relating to beautification projects in the Bozeman
area. (Ord. 1360 ~ I (part), 1993)
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2.84.020 Membership-Meetings.
A. The board shall consist of up to nine mem-
bers to be appointed by the city commission. Mem.
bers of this board shall serve three-year staggered
tenns. Each member may be reappointed without
any limitation on the number of reappointments.
Vacancies shall be filled in the same manner as
original appointments for the balance of the tenn
remaining. In addition to the appointed membership,
the city historic preservation officer shall serve as
an ex--officio, nonvoting member.
B. Persons of legal age may be appointed to the
board. A majority of the board shall be residents of
the city. Nonresident members of the board shall
have some interest in the city by virtue of working
2.84.020
28-1
(Bozeman 4-98)
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in the city, owning property in the city, Qr entering
the city frequently for any lawful purpose.
C. The city shall pay only the expenses of the
board which have been authorized by vote of the
city commission prior to such expense being in-
curred. Members shall serve without compensation
for their time and services.
D. Meetings of the board shall be conducted in
accordance with all applicable rules and regulations
of the city and the adopted bylaws of the ooard.
(Ord. 1360 ~ 1 (part), 1993)
2.84.030 Duties and responsibilities.
The board shall have the following duties and
responsibilities:
A. To identify, investigate and recommend
community beautification projects and programs to
the city commission, and to assist in their imple.
mentation once approved;
B. In coordination with the appropriate city staff
persons, to investigate and pursue grants and other
possible funding sources for beautification projects
and forward recommendations to city staff and the
city commission; and
C. To advise the city commission concerning
actions related to the beautification of city-owned
properties and facilities.
D. The board may have such other duties and
responsibilities as the city commission, from time
to time, may direct. (Ord. 1360 ~ I (part), 1993)
2.84.040 Board-Authority.
The actions of the board shall be advisory only
and shall not constitute policy of the city and shall
not be binding upon the city commission or upon
the city. The city may adopt all or any part of any
recommendation of the board, with or without any
changes made by the city commission, as city poli-
cy. (Ord. 1360 ~ 1 (part), 1993)
2.84.030--2.88.020
Chapter 2.88
TAX INCREMENT FINANCING
INDUSTRIAL DISTRICT BOARD
Sections:
2.88.010
2.88.020
2.88.030
2.88.040
Purpose and intent.
Definitions.
Creation-Powers and duties.
Members-Appointment and
terms.
Meetings-Election of officers.
Annual reports.
2.88.050
2.88.060
2.88.010 Purpose and intent.
The purpose and intent of this chapter is to pro-
vide for an advisory board of citizens of Bozeman,
Montana to assist in the attraction and retention of
secondary, value-adding industries including ware-
housing, distribution and transportation industries,
and manufacturing that uses Montana timber, miner-
al, oil, gas, coal and agricultural resources in the
production of products in the state of Montana
More specifically, this board of citizens will consult
and advise the city commission regarding the
Bozeman TIAD program. (Ord. 1337 ~ 1, 1991)
2.88.020 Definitions.
The following words and phrases used in this
chapter shall be detined as follows:
A. "Actual taxable value" means the taxable
value of taxable property at any time, as calculated
from the assessment role last equalized.
B. "Base taxable value" means the actual taxable
value of all taxable property within an urban renew.
al area or industrial district prior to the effective
date of a tax increment financing provision. This
value may be adjusted as provided in MCA ~ 7-15~
4287 or 7-154293.
C. "Incremental taxable value" means the
amount, if any, by which the actual taxable value at
any time exceeds the base taxable value of all prop-
erty within a tax increment financing industrial
district.
29
(Bozeman 9-93)
2.88.030-2.88.040
D. "Industrial district" or "tax increment financ-
ing industrial district" or "TIFID" means a tax incre-
ment financing industrial district created pursuant to
Ordinance No. 1336, and MCA ~ 7.154299.
E. "Industrial infrastructure development project"
means a project undertaken within or for an industri-
al district that consists of any or all of the activities
authorized by MCA ~ 7.154288.
P. "Tax increment" means the collections real.
ized from extending the tax levies, expressed in
mills, of all taxing bodies in which the industrial
district or a part thereof is located against the incre-
mental taxable value.
G. "Tax increment provision" means a provision
for the segregation and application of tax increments
as authorized by MCA ~~ 7-154282 through 7.15.
4292.
H. "Taxes" means all taxes levied by a taxing
body against property on an ad valorem basis. (Ord.
1337 ~ 2, 1991)
2.88.030 Creation-Powers and duties.
The Bozeman city commission creates the
Bozeman tax increment financing industrial district
(TIFID) board and authorizes the TIPID board to
exercise any of the following industrial district
powers:
A. To undertake and carry out industrial infra~
structure development projects as approved the city
commission;
B. To disseminate industrial development infor-
mation;
C. To advise the commission on the improving,
clearing or preparing for development or redevelop-
ment any real or personal property in the industrial
district;
D. To effectuate industrial infrastructure
development project plans;
E. To assist in conducting appraisals, title
searches, surveys, studies, and other preliminary
plans and work necessary to prepare for the under-
taking of industrial infrastructure development pro-
jects;
P. To assist in the negotiation for the acquisition
of land;
(Bozeman 9-93)
G. To study the closing, vacating, planning or
replanning of streets, roads, sidewalks, ways, rail.
road spurs, sewer lines, sewer treatment facilities,
waterlines, waterways, water treatment facilities, or
other places and to make recommendations with
respect thereto;
H. To make recommendations concerning the
allocation of tax increment financing industrial
district funds as appropriated by the Bozeman City
Commission and as provided for in MCA ~ 7-15-
4288;
l. To petform such duties as the city commis.
sion may direct so as to make the necessary arrange-
ments for the exercise of the powers and petfor.
mance of duties and responsibilities entrusted to the
city commission. (Ord. 1337 ~ 3, 1991)
2.88.040 Members-Appointment and
terms.
A. All appointments to the TIFID board will be
made by the city commission.
B. The TIFID board shall consist of at least five
and not more than seven members with the initial
terms as follows: one member appointed at one
year, one for two years, two for three years, and the
remainder for four years. Each appointment thereaf-
ter shall be for four years.
C. Whenever possible, at least one board mem-
ber will be selected from each of the following
disciplines: real estate, economic development,
commercial lending, and civil or environmental
engineering. The remaining position(s) shall be at
large.
D. Each board member shall hold office until his
or her successor has been appointed and has quali-
fied.
E. A board member shall receive no compensa-
tion for his or her services, but shall be entitled to
previously authorized expenses, including travelling
expenses, incurred in the discharge of his or her
duties.
P. Any persons may be appointed as board
members if they are residents of, property owners
within, or gainfully employed by a business or firm
located within the city.
30
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G. A board member may be removed for ineffi-
ciency, neglect of duty or misconduct in office.
H. A majority of members must reside or own
real property within the city. (Ord. 1339 ~ 1, 1991:
Ord. 1337 ~ 4, 1991)
2.88.050 Meetings-Elections of officers.
A. The TIFID board shall hold meetings as it
deems necessary to execute its powers and duties as
provided for in Section 2.88.030 and Chapter 3.20.
B. The TIFID board shall adopt bylaws enabling
it to elect officers, set officer terms and establish
regular meeting times. (Ord. 1337 ~ 5,1991)
2.88.060 Annual reports.
The TIFID board shall file with the city commis-
sion, on or before March 31 st of each year, a report
of its activities for the preceding calendar year. (Ord.
1337 ~ 6, 1991)
Chapter 2.92
BOZEMAN TREE ADVISORY BOARD
(BT AB)
Sections:
2.92.010
2.92.020
2.92.030
2.92.040
2.92.050
2.92.060
Purpose.
Definitions.
Creation.
Membership.
Meetings.
Annual reports.
2.92.010 Purpose.
The purpose and intent of this chapter is to provide
for an advisory board of citizens of Bozeman,
Montana to assist or advise in the promotion of urban
forestry; the education of the general public toward
the value, benefits and necessity of urban trees; the
promotion of and use of professionally recognized
arboricultural practices; the recommendation of
programs and policies dealing with planting,
maintenance and removal of trees, shrubs and other
plants and other tree~related matters; and the devel~
30-1
2.88.050--2.92.030
opment and periodic review of the master street tree
plan. (Ord. 1364 ~ 1 (part), 1993)
2.92.020 Definitions.
For the purpose 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 include the
singular and words in the singular include the plural.
The word "shall" is mandatory and not merely
directory .
"Public way" means all city property deeded or
recorded as streets, roads, boulevards, alleys, side-
walks and parking strips.
"Public area" means Sunset Hills Cemetery, public
ways, city parks and all other lands owned, leased,
managed or occupied by the city. (Ord. 1364 ~ I
(part), 1993)
2.92.030 Creation.
The Bozeman city commlSSlOn creates the
Bozeman tree advisory board, hereinafter referred to
as "BT AB." BT AB shall act as an advisory board to
the city commission. BTAB shall have the following
duties and responsibilities:
A. Give guidance and advice to the city in deter-
mining the needs of the city's tree program;
B. Conduct street tree inquests pursuant to
Chapter 12.30;
C. Consider and recommend for adoption to the
city commission, an arboricultural specifications
manual and revision as necessary;
D. Assist in the selection of applicants for cost-
share tree planting and tree transplanting from the
city nursery for use in the public way only;
E. Make recommendations as to the type and
kind of trees to be planted upon the city streets and
public areas;
F. Assist in conducting appraisals, title searches,
surveys, studies and other preliminary plans and
work necessary to prepare for the establishment of
the master street tree plan and recommend an urban
forestry plan and the master street tree plan to the
(Bozeman 11-01)
2.92.040-2.96.010
city commission for its acceptance;
G. Study the closing, vacating, planning or re-
planning of public ways, streets, roads, sidewalks,
railroad spurs, sewer lines, and make recommenda-
tions with respect to urban forestrY;
H. periodically review master street tree plan and
recommend changes to the city commission;
I. Work with other appropriate boards to update
the city of Bozeman street tree and park tree inven-
tory; and
J. Perform such duties and responsibilities as the
city commission from time to time may direct. (Ord.
1364 ~ I (part), 1993)
2.92.040 Membership.
A. BT AB shall consist of five voting members, to
be appointed by the city commission. Members shall
serve two years each, provided that the members
initially appointed shall be appointed two for one
year and three for two years so they will serve
staggered terms.
B. Whenever possible, two of the members shall
be from the following disciplines: real estate, com-
mercia1lending, civil or environmental engineering,
or landscape architecture or construction.
C. Each member shall hold office until the
member's successor has been appointed and has
qualified, except as provided in subsection F of this
section.
D. A member shall receive no compensation for
the member's services but shall be entitled to previ-
ously authorized expenses, including traveling ex.
penses, incurred in the discharge of the member's
duties.
E. Members shall be residents of the city, own
property within the city, or be gainfully employed
within the city.
F. A member will be removed for inefficiency,
neglect of duty, misconduct in office or three unau-
thorized absences from regularly scheduled board
meetings.
G. The city manager, or a designee, shall be an ex
officio, nonvoting member of the board. The city
manager or designee shall keep the board informed
as to city policies and city budget affecting BT AB,
(Bozeman 11-01) 30.2
and make available to them any information which
the city manager or designee deems pertinent. (Ord.
1364 ~ 1 (part), 1993)
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2.92.050 Meetings.
A. BT AB shall hold meetings as it deems neces.
sary to execute its duties and responsibilities but not
less often than quarterly.
B. Meetings shall be conducted in accordance
with all applicable rules and regulations of the city of
Bozeman and the adopted and approved bylaws of
BTAB. (Ord. 1364 ~ 1 (part), 1993)
2.92.060 Annual reports.
BT AB shall file with the city commission, on or
before March 31 st of each year, a report of its activ-
ities for the preceding calendar year. (Ord. 1364 ~ 1
(part), 1993)
Chapter 2.96
BOZEMAN SENIOR CITIZENS' ADVISORY
BOARD
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Sections:
2.96.010
2.96.020
2.96.030
2.96.040
Creation.
Membership--Meetings.
Duties and responsibilities.
Bozeman Senior Citizens' Ad-
visory Board-Authority.
2.96.010 Creation.
The city commission of the city of Bozeman shall
appoint a Bozeman senior citizens' advisory board
and designate the Bozeman senior citizens' advisory
board to act as the advisory board to the city
commission on matters relating to senior citizen
issues and on matters relating to the operation and
management of the Bozeman Senior Citizen Center
building and grounds located at 807 North Tracy
Avenue, Bozeman, Montana. (Ord. 1521 ~ I (part),
2000)
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2.96.020 Membership-Meetings.
A. The Bozeman senior citizens' advisory board
shall consist of five members, appointed by the city
commission. Members shall not hold voting
positions concurrently on the Bozeman senior
citizens' advisory board arid on any of the following:
the Bozeman senior center board of directors, or the
board of any other agency housed within the
Bozeman Senior Citizen Center. Unless prohibited
by the bylaws, each member may be re-appointed
without limitation on the number of re-appointments.
Members of the Bozeman senior citizens' advisory
board shall serve two-year staggered terms.
Vacancies shall be filled in the same manner as
original appointments for the balance of the term
remaining.
B. In addition to the voting members, one
individual and one alternate from the Bozeman senior
center board of directors may be appointed to serve
as a liaison to the Bozeman senior citizens' advisory
board. Additionally, one individual and one alternate
may be appointed to serve as a liaison representing
the interests of all other agencies which have as their
place of business the Bozeman Senior Citizen Center.
All liaisons will be advisory only and, therefore, will
not be allowed to vote on the Bozeman senior
citizens' advisory board.
C. Upon request by any agency which has as its
place of business the Bozeman Senior Citizen Center
including, but not limited to, the Bozeman senior
center board of directors, the Bozeman senior
citizens' advisory board may appoint one individual
to serve as an ex-officio, nonvoting member to the
requesting agency. However, these individuals shall
not be allowed to vote on any agency, board or
similar entity while serving as a member of the
Bozeman senior citizens' advisory board.
D. A minimum of four members shall reside
within the city limits of Bozeman. Nonresident
members of the Bozeman senior citizens' advisory
board shall have some interest in the city by virtue of
working in the city, owning property in the city, or
entering the city frequently for any lawful purpose.
E. The city shall pay only the expenses of the
Bozeman senior citizens' advisory board which have
2.96.020-2.96.030
been authorized by vote of the city commission prior
to said expense being incurred. Members shall serve
without compensation for their time and services.
F. Meetings of the Bozeman senior citizens'
advisory board shall be conducted in accordance with
all applicable rules and regulations of the city and the
adopted bylaws of the board. (Ord. 1521 S 1 (part),
2000)
2.96.030 Duties and responsibilities.
The Bozeman senior citizens' advisory board shall
have the following duties and responsibilities:
A. Senior Citizen Issues. The Bozeman senior
citizens' advisory board shall make recommendations
concerning all pertinent issues regarding the health,
welfare and quality of life for all senior citizens in
the Bozeman area. In order to do this, the Bozeman
senior citizens' advisory board must work closely
with all other agencies located in Gallatin County
whose primary concern is senior citizen issues. The
Bozeman senior citizens' advisory board will make
presentations to the commission, the city manager or
his designee regarding these issues and their
recommendations, if any, regarding these issues.
B. Bozeman Senior Citizen Center Building and
Grounds. The Bozeman senior citizens' advisory
board shall have the responsibility to review and
analyze the operation and management of the
Bozeman Senior Citizen Center building and grounds
located at 807 North Tracy A venue, Bozeman
Montana, specifically:
1. The Bozeman senior citizens' advisory board
shall make recommendations to the city manager or
his designee concerning the needs of the Bozeman
Senior Citizen Center building and grounds including
but not limited to the use, management, operations
and rules of the Bozeman Senior Citizen Center
building and grounds. These recommendations shall
include but are not limited to any proposed or needed
renovations or maintenance issues with the building
and the grounds, rental charges and fees for the use
ofthe building and the grounds;
2. Any dispute concerning the use or operation of
the Bozeman Senior Citizen Center building and
30.3
(Bozeman 11.01)
2.96.040
grounds may be appealed to the city manager for
final decision.
3. The Bozeman senior citizens' advisory board,
with the assistance of the Bozeman Senior Citizen
Center building and grounds di~ector and the city
manager or his designees, shall prepare an annual
budget request for operation of the Bozeman Senior
Citizen Center building and grounds to be submitted
to the city manager not later than March 15th of each
year. (Ord. 1521 ~ 1 (part), 2000)
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2.96.040 Bozeman Senior Citizens'
Advisory Board-Authority.
The actions of the Bozeman senior citizens'
advisory board shall be advisory only and shall not
constitute policy of the city and shall not be binding
upon the city commission or upon the city. The city
may adopt all or any part of any recommendation of
the Bozeman senior citizens' advisory board, with or
without any changes by the city commission, as city
policy. (Ord. 1521 ~ 1 (part), 2000)
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