HomeMy WebLinkAboutTitle 08
e
Title 8
HEALTH AND SAFETY
Chapters:
8.04 Abandoned Refrigerators
8.05 Alarm Systems
8.08 Barbershops
8.12 Fireworks
8.16 Solid Waste
8.20 Meat
8.24 Milk
8.28 Nuisances
8.32 Smoking in Places of Public Assembly
8.36 Weed Abatement
8.40 Littering
8.44 Fire Control
e.
e 103
(Bozeman 11.01)
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e
e
e
8.04.010--8.05.010
e Chapter 8.04 8.05.120 No.response to frequent false
alarms-Appeal of no. response
ABANDONED REFRIGERATORS determination.
8.05.130 Violation-Penalties.
Sections:
8.04.010 Removai of doors from 8.05.010 Definitions.
refrigerators and certain other A. "Alarm system monitoring company" means
containers required. any indi vidual, partnership, corporation or other form
of association that engages in the business of
8.04.010 Removal of doors from refrigerators monitoring security alarm systems and reporting any
and certain other containers activation of such alarm systems to the police.
required. B. "Alarm user" means any individual,
It is unlawful for any person to leave or permit to partnership, corporation or other form of association
remain outside of any dwelling, building or other that owns or leases a security alarm system or on
structure, or within any unoccupied or abandoned whose premises a security alarm system IS
building, structure or dwelling under his control, in a maintained for the protection of the premises.
place accessible to children, any abandoned, C. "Automatic dialing telephone alarm" means a
unattended or discarded icebox, refrigerator or other security alarm system with a device that
container which has a door or lid, snaplock, or other automatically dials the police department emergency
locking device which may not be released from the assistance telephone lines without human activation
inside, without first removing such door or lid, of the device by the alarm user.
snap lock, or other locking device. (Prior code ~ D. "Chief of police" means the chief of police of
e 6.04.010) the city of Bozeman or the chief s designee.
E. "Department" means the Bozeman police
Chapter 8.05 department.
P. "Dispatch" or "response" means a
ALARM SYSTEMS discretionary decision whether to direct police units
to a location where there has been a request, made by
8.05.010 Definitions. whatever means, for police assistance or
8.05.020 Audible alarm standards. investigation. There is no duty to dispatch under any
8.05.030 Violation of audible alarm circumstances, including to answer an alarm signal,
standard. and all dispatch decisions are made subject to
8.05.040 Automatic dialing telephone competing priorities and available police resources.
systems prohibited. G. "Paise alarm" means an alarm signal eliciting
8.05.050 Alarm users. notification to and a response by the police when
8.05.060 Alarm system monitoring there is no evidence of a crime or other activity that
companies. warrants a call for immediate police assistance and
8.05.070 Security alarm verification no person who was on or near the property or has
process. viewed a video communication from the property
8.05.080 Unlawful activation or report of called for the police dispatch or confirmed the need
alarm. for police assistance. "Palse alarm" does not include
8.05.090 Determination of false alarm- an alarm signal caused by violent conditions of
Rebuttable presumption. nature or other extraordinary circumstances beyond
8.05.100 Penalty for false alarm. the control of the alarm user.
e 8.05.110 Appeal of false alarm fine.
105
(Bozeman 11-01)
8.05.020----8.05.060
H. "Security alarm system" means any system, 8.05.040 Automatic dialing telephone systems e
device, or mechanism for the detection and reporting prohibited.
of any unauthorized entry or attempted entry or Beginning ninety days after the effective date of
property damage upon premises protected by the this ordinance, it shall be unlawful for any individual,
system that may be activated by sensors or other partnership, corporation or other form of association
techniques and, when activated, automatically to sell, offer for sale, install, maintain, operate or
transmits a telephone message or emits an audible, assist in the operation of any alarm system with an
visible, or electronic signal that can be heard, seen, or automatic dialing or digital alarm communicator
received by persons outside the protected premises feature that automatically calls the police in the event
and is intended to summon police assistance. (Ord. of an alarm. (Ord. 1470 ~ 1 (part), 1998)
1470 ~ 1 (part), 1998)
8.05.050 Alarm users.
8.05.020 Audible alarm standards. An alarm user shall:
A security alarm system that emits an audible A. Maintain the premises and security alarm
signal that may be heard outside the protected system in a manner that will minimize or eliminate
premises shall conform to the following false alarms;
requirements: B. Review all alarm system operating
A. Audible alarms shall automatically instructions, including those for verification of an
discontinue emitting the audible sound within ten alarm;
minutes after activation of the alarm; and C. Maintain a verification process, as specified in
B. With respect to security alarm systems in Section 8.05.070, for all monitored security alarm
existence prior to the enactment of this Chapter that systems in order to prevent unnecessary police
do not comply with subsection A ofthis section, the dispatches resulting from false alarms; e
alarm user shall have ninety days from the enactment D. Notify the alarm system monitoring company
of the ordinance in which to make the necessary of a false alarm activation as soon as the user is
modifications to the alarm system in order to comply aware of the false alarm; and
with the requirement. (Ord. 1470 ~ 1 (part), 1998) E. Not manually activate an alarm except when
needing an immediate police response to an
8.05.030 Violation of audible alarm standard. emergency. (Ord. 1470 ~ 1 (part), 1998)
A. The sounding of an audible signal from a
security alarm system that can be heard continuously 8.05.060 Alarm system monitoring
off the premises for more than ten minutes is a civil companies.
infraction and the alarm user, in addition to any other An alarm system monitoring company engaging in
penalties specified herein, shall be penalized by a business activities in the city shall:
fine of fifty dollars for each offense. A. Obtain all necessary business licenses as
B. It is a defense to a violation of this section that required by the city of Bozeman and state of
the continuous sounding of the alarm: Montana;
1. Assisted in saving a life or avoiding injury; or B. Maintain a current record, accessible to the
2. Was caused by a malfunction of the alarm chief of police at all times, that includes: the names
system equipment without the alarm user's prior of the alarm users serviced by the company; the
knowledge of the cause of the malfunction; or addresses of the protected properties; the type of
3. Was activated by an unauthorized entry of alarm system, original installation date and
criminal activity. (Ord. 1470 ~ 1 (part), 1998) subsequent modifications, if any, for each protected
106 e
(Bozeman 11-01)
8.05.070-8.05.080
e property; and a record of the false alarms at each company receives the alarm signal until the alarm
property; company determines whether to request a police
C. Provide the chief of police such information as dispatch. The means of verification shall include at
the chief requests regarding: the nature of the least one of the following:
company's security alarms,; the company's method of A. The establishment of voice communications
monitoring the alarms; the company's program for with the alann user or a person authorized by the user
preventing false alarms, including educational at or near the premises with the alarm who may
programs for alann users; and the company's method indicate whether there is an immediate need for
for disconnecting audible alarms; police response;
D. Provide each of its alann system users with: B. A feature that permits the alarm user or a
operating instructions for the alarm system, including person authorized by the user to send a special signal
an explanation of the alarm company's alarm to the alarm company that will cancel the alarm
verification process; a telephone number to call for immediately after the signal has been sent and
assistance in operating the system; and a summary of prevent the alarm company from calling the police;
the provisions of this chapter relating to penalties for C. The installation of a video system that
false alarms and the possibility of no police response provides the alarm company when the alarm signal is
to alarm systems experiencing excessive false received with the ability to ascertain whether activity
alarms; is occurring that warrants immediate police response;
E. Maintain a verification process, as specified in D. A confirmation that an alarm signal reflects a
Section 8.05.070, for all monitored security alarm need for immediate police response from either the
systems in order to prevent unnecessary police alarm user or a person authorized by the user or an
dispatches resulting from false alarms; alternate response agency made before dispatching
e F. Communicate requests for police response to the police; or
the department in a manner specified by the chief; E. An alternate system that the chief determines
G. Communicate requests for cancellations of has or is likely to have a high degree of reliability.
police response in a manner specified by the chief; (Ord. 1470 ~ 1 (part), 1998)
H. Maintain a record of all requests for police
response to alann, including: the date and time of the 8.05.080 Unlawful activation or report of
alarm and request for police response; the alarm alarm.
system user's name and address; evidence of the A. No person shall activate a security alarm
company's attempt to verifY the alann; and, to the system for the purpose of summoning the police
best of its knowledge, an explanation ofthe cause of except in the event of an unauthorized entry, robbery,
any false alann; and or other crime being committed or attempted on the
I. Work cooperatively with the alarm system premises, or if the person needs immediate assistance
user and the chief in order to determine the cause of in order to avoid injury or serious bodily harm.
any false alarm and to prevent recurrences. (Ord. B. Any person who shall notifY the police of an
1470 ~ 1 (part), 1998) activated alarm and have knowledge that such
activation was apparently caused by an electrical or
8.05.070 Security alarm verification process. other malfunction shall at the same time notifY the
A verification process is an independent method of police of the apparent malfunction. (Ord. 1470 ~ 1
an alarm system monitoring company for (part), 1998)
determining that a signal from a security alarm
system requires immediate police response. The
verification process shall not take more than five
e minutes, calculated from the time that the alarm
106-1
(Bozeman II~OI)
8.05.090-8.05.120
8.05.090 Determination of false alarm- circumstances of the false alarm; and other relevant e
Rebuttable presumption. information. (Ord. 1470 ~ I (part), 1998)
F or the purposes . of this chapter, there is a
rebuttable presumption that the following 8.05.120 No-response to frequent false
determinations made by the chi~f of police or by a alarms-Appeal of no-response
police officer dispatched to the premises reporting an determination.
alarm signal are correct: A. When the chief of police determines whether
A. There is no evidence of a crime or other to make an immediate dispatch in response to
activity that would warrant a call for immediate notification of a signal from a security alarm system,
police assistance at the premises; the chief may disregard a call for police assistance
B. No individual who was on or near the when:
premises or who has viewed a video communication 1. The call for assistance comes from an alarm
from the premises called for a police dispatch or system for a premises that has a record of sending
verified a need for an immediate police response; and four false alarms in a six month period; and
C. There is no evidence that violent conditions of 2. The call is the only basis for making the
nature or other extraordinary circumstances beyond dispatch.
the control ofthe alarm user caused the activation of B. The chief may consider such a call for
the alarm. (Ord. 1470 ~ 1 (part), 1998) assistance as an additional factor in the chief's
decision to order an immediate police response when
8.05.100 Penalty for false alarm. an in-person call, verification from a person at or
A false alarm is an administrative infraction, and near the premises, or other independent evidence
the alarm system user shall be penalized by a fine of shows a need for immediate police assistance at the
fifty dollars for each offense. (Ord. 1470 ~ 1 (part), premIses. e
1998) C. To discourage false alarms, the chief shall
adopt a process of sending a letter or delivering other
8.05.110 Appeal of false alarm fine. written notice informing the alarm user who has had
A. The Bozeman city court may waive the a false alarm of the consequences of excessive false
administrative penalty incurred by an alarm system alarms, the need to take corrective action, and the
user for a false alann and clear the notice of violation prospect that four false alanns in a six month period
as a warning if: shall result in the police disregarding alarms from the
l. The notice to alarm user describes a violation premIses and not responding to requests for
of Section 8.05.100; and immediate police assistance unless there is an in-
2. Within fifteen days after the date of the notice person call for assistance from someone at or near the
of a false alarm, the alarm user either follows the premises or other independent information that
instructions on the back of the notice of violation to verifies the need for an immediate police response.
arrange an appearance in court or mails a written D. Before determining not to respond to alarms
response to the court requesting a waiver and from a premises as specified above, the chief shall
clearance as a warning. send or deliver notice to the alarm user that:
B. The alarm user may present evidence before 1. Four false alarms have been received from the
the court or in the written response to the court that property within a six month period;
shows: the steps that the alarm user or alarm system 2. The remedy authorized in subsection A of this
monitoring company has taken, or is taking, to section above may be taken;
correct the false alarm problem; the incidence of 3. The alarm system user may request a hearing
crime in the area of the property; the facts and before the chief or the chief's designee and explain
why the chief should not take the proposed action; e
(Bozeman 11-0 I ) 106-2
8.05.130--8.08.030
e 4. If no hearing is requested, the department will Chapter 8.08
after ten days from the delivery of the notice
disregard alarms from the premises unless there is an BARBERSHOPS
in-person call for assistance from someone at or near
the premises or other independent information that Sections:
verifies the need for an immediate police response; 8.08.010 Barbershop defined.
and 8.08.020 Inspection and enforcement-
S. A requirement of an in-person communication Health officer authority.
or other verification shall remain in effect for a 8.08.030 Cleanliness of equipment and
period of one year. supplies.
E. If a hearing is requested, the chief shall 8.08.040 Headrest covers and cuspidors.
schedule the hearing within ten days of the receipt of 8.08.050 Serving infected persons-
the request. At the hearing, the chief may consider Conditions.
such factors as: the steps that the alarm user or alarm 8.08.060 Use of wood alcohol prohibited.
system monitoring company has taken, or is taking, 8.08.070 Posting of chapter regulations.
to correct the problem; the incidence of crime in the 8.08.080 Violation-Penalty.
area of the premises; the facts and circumstances of
the false alarms; and other relevant information 8.08.010 Barbershop defined.
presented by the alarm user or the alarm system "Barbershop," as used in this chapter, means and
monitoring company. includes every place where shaving or hair-cutting is
F. The chief may suspend or cancel the remedy done for the public and every barber college or
under subsection A of this section if the chief school where barbering is done, for either sex, within
e determines that the alarm user or alarm system the city. (Prior code ~ 5.24.050)
monitoring company has taken appropriate actions to
preventthe recurrence offalse alarms. (Ord. 1470 ~ 1 8.08.020 Inspection and enforcement-
(part), 1998) Health officer authority.
The health officer is authorized, directed and
8.05.130 Violation-Penalties. empowered to inspect all barbershops within the city,
A. An alarm system monitoring company's and to enforce the rules and regulations hereinafter
failure to comply with any ofthe requirements of this provided. All barbershops shall be open to the city
chapter shall be a misdemeanor, punishable by a fine health officer for inspection at any time during
of up to two hundred fifty dollars. Each day of business hours. (Prior code ~ 5.24.010)
noncompliance shall constitute a separate offense.
B. The violations of the other sections of this 8.08.030 Cleanliness of equipment and
chapter shall be a misdemeanor and punishable by a supplies.
fine of up to fifty dollars, unless otherwise specified. All mugs, brushes, pincers, tweezers, needles and
C. There shall be a maximum penalty of fifty attachments for massage devices shall be sterilized
dollars for any of the following: after each time used and as frequently as necessary
1. Failure to respond to a false alarm notice by immersion in boiling water, or in alcohol of not
within fifteen days of receipt of the notice; less than ninety-five percent strength, or in a twenty
2. Failure to appear for a hearing requested percent formaldehyde solution. Combs and
pursuant to this chapter; and hairbrushes shall be cleaned with soap and water at
3. Failure to pay any fine imposed pursuant to least once daily. No towel that is used on one patron
this chapter. (Ord. 1470 ~ 1 (part), 1998) shall be used again on another patron until laundered.
e All powdered alum or other powders shall be applied
106-3
(Bozeman 11-0 I )
8.08.040-8.12.030
with clean towels, and the use of powder puffs and Chapter 8.12 e
sponges in any form is prohibited. Every barbershop
shall be provided with running hot and cold water FIREWORKS
conveniently located, and shall be connected with the
sewers. (Prior code ~ 5.24.020) Sections:
8.12.010 Sale, discharge and use
8.08.040 Headrest covers and cuspidors. prohibited-Exceptions.
The headrest of every barber chair shall be 8.12.020 Removal of fireworks authorized
covered with a fresh towel, or by clean new paper, when.
for each individual customer. A strip of cotton or 8.12.030 Violation-Penalty.
neckband must be placed around the patron's neck so
that hair cloth does not come in contact with the 8.12.010 Sale, discharge and use prohibited
neck. Cuspidors must be cleaned every day, and a -Exceptions.
disinfectant solution left in them at all times. (Prior The sale at retail, discharge, firing or use of
code ~ 5.24.030) firecrackers, rockets, torpedoes, Roman candles, or
other fireworks or substances designed or intended
8.08.050 Serving infected persons- for pyrotechnic display or demonstration, and of toy
Conditions. pistols, toy guns, canes, toy cannons, or other
No barber shall serve any patron whose face or appliances using gunpowder, blank cartridges and
skin is inflamed or broken out, or contains pus, caps containing chlorate of potash mixture, within
unless all tools, mugs and utensils used upon said the city of Bozeman, is prohibited; provided, that the
patron are immediately thereafter subjected to a director of public safety of the city may, at any time,
thorough sterilization before being used again, and in writing, permit a public display of fireworks under e
unless the barber so working shall immediately such conditions, supervision, limitations and
disinfect and sterilize his hands. (Prior code ~ precautions as he may prescribe and by properly
5.24.040) qualified persons, with due regard to the safety of
persons and property. (Prior code ~ 6.28.010)
8.08.060 Use of wood alcohol prohibited.
The use of wood alcohol in any form or percent 8.12.020 Removal of fireworks authorized
shall not be used (except as fuel) in any cosmetic or when.
preparation used in any barbershop or on any patron. The director of public safety may, at his discretion,
(Prior code 9 5.24.050) remove or have removed, at the owner's expense, all
stock of fireworks and articles specified in Section
8.08.070 Posting of chapter regulations. 8.12.010 of this chapter, and any similar article or
The owner of every barbershop shall keep a copy combustible exposed for sale or held in stock in
of this chapter, to be furnished by the clerk of the city violation of this chapter. (Prior code ~ 6.28.020)
commission, or city health officer, posted in his place
of business in a conspicuous place. (Prior code ~ 8.12.030 Violation-Penalty.
5.24.070) Any person, firm, corporation or association guilty
of violating the provisions ofthis chapter shall, upon
8.08.080 Violation-Penalty . conviction, be punished by a fine in any sum not
Any person violating the provisions of this chapter exceeding three hundred dollars, or by imprisonment
shall be guilty of a misdemeanor. (Prior code ~ in the county or city jail for not more than thirty
5.24.080) days, or by both such fine and imprisonment; and in
case of violation by any firm, corporation or e
I 06-4
(Bozeman 1I-0 I )
8.16.010-8.16.020
e association, the manager or other person in charge prunings; debris from the construction or wreckage
shall, prima facie, be held responsible and be of buildings which, while unsightly, is not a menace
punished as herein provided. (Prior code S 6.28.030) to the public health; but this definition shall not be
held to exclude as solid waste anything which is
commonly known or accepted as such even though
Chapter 8.16 not specified herein, and in case of doubt or dispute
the director of public service shall decide such dis-
SOLID WASTE pute and the director's decision shall be final and
conclusive.
Sections: "Solid waste service" means the collection, re-
8.16.010 Definitions. moval and disposal of solid waste by, or at the
8.16.015 City collection of solid waste. direction of, the city.
8.16.020 Collection and disposal by city- "Tote" means a solid waste container, owned by
Exemptions--Chapter provisions the city, which is used in the automated collection
not exclusive. program. (Ord 1478 ~ 1, 1998: Ord. 1367 ~ 1, 1993:
8.16.030 Containers-Type and number Ord. 1323 ~ 1, 1991: prior code ~ 5.20.010)
required.
8.16.040 Administration-Rules and 8.16.015 City collection of solid waste.
regulations. Except as hereinafter provided, the city shall
8.16.050 Costs of collection and disposal- provide solid waste collection and disposal services
Collection and payment-Solid within its city limits.
waste fund. The city shall provide solid waste service to
e 8.16.060 Outdoor dumping of solid waste annexed areas on the following basis:
prohibited. A. When totally undeveloped, vacant lands are
8.16.065 Dumping of hazardous annexed, the city shall provide all subsequent solid
materials/wastes prohibited. waste services;
8.16.070 Violation-Penalty. B. When developed lands are annexed that are
receiving no solid waste services, the city shall
8.16.010 Definitions. provide all subsequent solid waste services; and
For the purposes of this chapter, the following C. When developed lands are annexed on which
definitions shall apply: some persons are receiving private solid waste ser-
"Automated collection service" means solid waste vices, those persons cannot receive city solid waste
collection by the city through the use of a collection service for five years, but the city provides solid
truck which utilizes a mechanical arm to pick up and waste services to all subsequent residents in the area.
dump totes. (Ord. 1367 ~ 2,1993: Ord. 1323 S 2, 1991)
"Commercial account" means any place or prem-
ise used for nonresidential, business or professional 8.16.020 Collection and disposal by city-
purposes only that utilizes solid waste collection and Exemptions-Chapter provisions
disposal services provided by the city. not exclusive.
"Solid waste" means all refuse, animal, plant and A. Except as herein otherwise provided, the
vegetable matter, ashes, floor sweepings, waste- provisions ofthis chapter shall extend and be appli-
paper and the like; but shall not be construed to cable to all places and premises within the corporate
include animal or poultry manure, basement, foun- limits of the city where solid waste accumulates.
dation or lawn excavations, or loose earth from There may be provisionally exempted from collec-
e excavations of any kind, or trees, except small tion and disposal of solid waste by the department of
107
(Bozeman 11-01)
8.16.030
public service under this chapter, certain premises, owner, operator and occupant. Nothing contained in e
hereinafter specified, so long as the owners or this section nor in this chapter shall be construed to
occupants of such premises elect to, and do through a afford or grant immunity to any owner or occupant of
private contractor licensed by the Montana Public any premises within the corporate limits of the city,
Service Commission for the solid waste collection without regard to the purpose for which used, from
and transportation, collect and dispose of such solid the duty to keep the same free from unsanitary,
waste at no greater intervals than once each month, in unsafe or unsightly accumulations of solid waste, as
accordance with the provisions of this chapter and defined in Section 8.16.010, or which is offensive to
rules and regulations adopted and approved pursuant the neighborhood as a nuisance, nor to disregard or
thereto. Such premises which may be so provisional- violate any other provision ofthis chapter or any rule
ly exempted are specified as follows: or regulation adopted and approved pursuant thereto,
1. Premises occupied and used for business nor to repeal or modify the provisions of any other
purposes only; ordinance of the city not inconsistent with the
2. Premises occupied and used for combined provisions of this chapter for the protection and the
business and residence purposes only; safety of the life, property and health of the citizens
3. Premises used for professional purposes only; of the city; nor shall any such other ordinance be
4. Premises used for combined professional and considered or regarded as repealed or modified by
residence purposes only; anything in this chapter contained unless clearly
5. Residential premises being serviced by a inconsistent herewith and unless herein expressly so
licensed private solid waste collection service, until provided; but all such other ordinances shall be and
such time as the property owner petitions for city are continued in full force and effect and shall be
servIce; or read and construed where necessary, in connection
6. Montana State University on-campus facili- with this chapter and harmonized therewith if it be e
ties. possible; nor shall any provisions of this chapter be
B. If and when solid waste is not removed and construed as granting immunity or exemption from
disposed of from such exempted premises as herein prosecution for violation of its provisions, but such
provided, the department of public service shall serve prosecution shall be in addition to any other
or cause to be served notice upon the owner, or agent provision of this chapter for its observance and
of the owner, of such premises. If after such notice enforcement and to make it effective as a police
the removal and disposal, or either, of the solid waste regulation of the city. (Ord. 1478 ~ 2, 1998: Ord.
from such premises continues to be unsatisfactory to 13679 3, 1993: Ord. 1323 ~ 3, 1991: prior code 9
the director of public service, the department shall 5.20.020)
give further notice to such owner or agent that such
removal and disposal will, commencing on a date 8.16.030 Containers-Type and number
certain, be made and done by the department of required.
public service and the cost thereof, under the A. All solid waste for collection by the city shall
provisions of this chapter, will be assessed against be placed in containers as follows:
the premises from which such removal is made. 1. F or automated collection accounts, all solid
C. The owner, occupant and operator, or either, waste shall be placed in a tote provided by the city.
of such provisionally excepted premises may, how- 2. For all other collection accounts, solid waste
ever, arrange with the department of public service shall be placed either in suitable containers equipped
for the removal and disposal of solid waste from such with a tight cover and equipped with handles so that
premises under the provisions of Section 8.16.050 of they may be lifted and carried by one person, or in
this chapter, and rules and regulations adopted and bags or other disposable containers adequately
approved pursuant thereto, and at the cost of such securing the solid waste therein against discharge of e
108
(Bozeman 11-01)
8.16.040-8.16.050
e said solid waste. No such container shall have a chapter, to be read and construed and observed in
capacity of more than thirty-three gallons, and the connection herewith. The director of the department
contents thereof shall not exceed thirty pounds. Said of public service shall employ all help necessary for
containers shall be so constructed and at all times such administration, provide all collecting and haul-
maintained so as to preven~ leakage. Such containers ing equipment, stationery, books or account, blank
shall be placed and kept as required and directed by fonns and other incidentals necessary or convenient
the department of public service. In the case of apart- for efficient and economical administration of the
ments or other multi-family dwellings, as many provisions of this chapter and the rules and regula-
containers of a type specified by the director of tions adopted and approved pursuant hereto and as
public service shall be provided as the department of herein provided. (Ord. 1323 ~ 5, 1991: prior code ~
public service shall require. 5.20.040)
B. It is unlawful to cause or allow solid waste to
be placed at the designated point of collection 8.16.050 Costs of collection and disposal-
without being contained within a suitable container Collection and payment-Solid
as hereinbefore described. waste fund.
C. Containers will be allowed within the street A. The cost and expense of collecting and dis-
right-of-way the night before and on the day of solid posing of solid waste under the provisions of this
waste collection only, but must be stored off the chapter and of rules and regulations adopted and ap-
right-of-way the remainder of the time. Racks for proved pursuant thereto, including the cost of pro-
solid waste cans will be allowed along the alley right- curing, collecting and hauling equipment, and the
of-way, provided they are adequately maintained and maintenance, repair and replacement thereof as
do not encroach upon the driving area within the required; of salaries, wages and benefits, all general
e alley. operations costs, such as office equipment and sup-
D. It shall be unlawful for any person or business plies and all incidental costs and expenses, shall be
to dump or place solid waste in a solid waste contain- specially assessed against the real property serviced
er belonging to another person or upon any other pre- and from which solid waste is collected and removed,
mise without the consent of the owner of such except as otherwise herein provided. The basis of
container or premises. (Ord. 1478 ~ 3, 1998: Ord. assessment for collection and disposal of solid waste
1367 ~ 4, 1993: Ord. 1323 ~ 4, 1991: prior code ~ shall be set as follows:
5.20.030) I. A base rate, tag system and its accompanying
fee, and any special fees shall be set through adop-
8.16.040 Administration-Rules and tion of resolution by the city commission for all prop-
regulations. erties which utilize the city's nonautomated solid
The execution and administration of the provisions waste collection system.
of this chapter shall be, and are, committed to the 2. A base rate, based on the size of tote and
department of public service of the city, and to the frequency of pickup, and any special fees shall be set
director of the department, under the supervision and through adoption of resolution by the city
director of the city manager. The city manager, commission for all properties which utilize the city's
subject to approval ofthe city commission, is autho- automated solid waste collection system.
rized and empowered to make, alter, amend and 3. The rates established by resolution shall be set
repeal rules and regulations not inconsistent with the as monthly fees, and those fees shall be included on
provisions of this chapter, for operation and admin- the monthly water and sewer statement and will
istration; and such rules and regulations, as from time become delinquent if not paid by the 15th of the
to time so adopted, altered, amended, repealed and month in which the bill is received. If the monthly
e approved, shall be considered as a part of this fees are not paid within thirty days after they have
109
(Bouman 11.01)
8.16.060-8.16.070
become delinquent, the delinquent amount shall be a 8.16.060 Outdoor dumping of solid waste e
lien against the property against which they are prohibited.
severally assessed and levied until paid and Any deposit of solid waste upon the premises or
discharged, and shall be subject to the same penalties property of another without the express permission
for delinquency in payment when due and payable as and consent of the owner or occupant of such other
are other special assessments and' levies made by the property or premises, is forbidden and prohibited,
city and as authorized by the laws of the state. and any such depositing shall be deemed a violation
4. Users of the city's nonautomated solid waste ofthis chapter and, upon conviction in the municipal
collection system shall be required to purchase court, shall subject the offender to the penalties
special city solid waste collection tags, at a fee to be provided within this chapter. (Ord. 1502 ~ 1, 1999:
established by resolution, which must be attached to Ord 1478 ~ 5, 1998: Qrd. 1367 ~ 6, 1993: Ord. 1323
any can, bag or other disposable container, none of ~ 7,1991: prior code ~ 5.20.060)
the contents of which exceed thirty pounds, in which
solid waste has been placed for collection. 8.16.065 Dumping of hazardous
B. That, in lieu of the tag system, an optional materials/wastes prohibited.
imposed flat rate dumpster fee will be provided for The unauthorized dumping or disposal of "haz-
those property owners who apply for that assessment ardous materials" or "hazardous wastes," as defined
or upon whom the flat fee is imposed by the city under state regulations, into the collection and dis-
commission for noncompliance with the tag system. posal system or upon any properties within the city
Said optional fee shall be applied only to dumpster limits or upon property owned by the city shall be
accounts within the city which are serviced by the expressly prohibited. Such unauthorized dumping of
city and not serviced by any other private contractor hazardous materials or hazardous wastes shall subject
licensed for solid waste collection. The flat rate the violator to the remedies and penalties set forth in e
dumpster fee will be established by resolution. the state statutes. (Ord. 1323 ~ 8, 1991)
C. That, in lieu of the tag system, a flat rate fee
assessment for those property owners that utilize 8.16.070 Violation-Penalty.
solid waste cans and upon whom that flat fee is im- Any person violating any ofthe provisions of this
posed by the city commission for noncompliance chapter, or of any rule or regulation adopted and
with the tag system shall be set forth in the resolution approved pursuant thereto, shall be guilty of a mis-
setting forth rates for solid waste collection activities. demeanor and shall be subject to a fine not to exceed
D. All properties within the city limits not ex- five hundred dollars. (Ord. 1323 ~ 9, 1991: prior
empted under the provisions of Sections code ~ 5.20.070)
8.16.020(A)(1) through 8.16.020(A)(5) shall be
subject to the base rate as set forth by resolution.
E. All monies collected, received or paid under Chapter 8.20
the provisions of this chapter, shall be kept in a
separate fund to be known as the "solid waste fund," MEAT
and shall be paid out only on warrants drawn on such
fund and signed as are other warrants of the city for Sections:
the disbursement of its funds, and upon claims duly 8.20.01 0 Definitions.
executed, presented, audited and allowed, all as 8.20.020 Regulations and rules adopted by
required bylaw. (Ord. 1493 ~ 1, 1999: Ord. 1478 ~ 4, reference.
1998: Ord. 1367 ~ 5, 1993: Ord. 1323 S 6, 1991: 8.20.030 Meat to bear emblem of State
prior code ~ 5.20.050) Livestock Sanitary Board or
USDA. e
110
(Bozeman 11-0 I)
8.20.010
e 8.20.040 Inspection of commercial
establishments.
8.20.050 Sale or serving of unauthorized
meat prohibited.
8.20.010 Definitions.
For the purpose of this chapter, the following
words, phrases, names and terms shall be construed
respectively to mean:
A. "Animals" means cattle, calves, sheep, swine
and goats;
e
e 11 0-1
(Bozeman 11-0 I)
e
e
e
8.20.020-8.20.050
e B. "Carcass" means all parts, including viscera, meat or meat products to insure that only meat and
of a slaughtered animal that are capable of being meat products bearing accepted and approved in-
used for human food; spection legend are stored, kept, sold, distributed,
C. "Meat" means the flesh of all edible parts processed or otherwise handled by such establish-
capable of being used for human food and con sump- ments, and such sanitary inspector, or his deputies,
tion, of cattle, calves, sheep, swine and goats; are authorized and directed, under the authority of
D. "Person" means a natural person, partnership, this chapter, to enter and inspect any of the
corporation or other organization, and every officer, abovementioned establishments at any time. (Prior
agent and employee thereof, and the singular shall code ~ 5.28.040)
include the plural as the case may be. (Prior code
~ 5.28.020) 8.20.050 Sale or serving of unauthorized
meat prohibited.
8.20.020 Regulations and rules adopted by It is unlawful for any person to offer for sale,
reference. display for sale or sell any meat or meat products,
The general rules and regulations of the Montana as defined in this chapter, which does not bear the
Livestock Sanitary Board governing the preparation, official stamp, emblem or legend of either the State
processing, storage, or other handling or disposition Livestock Sanitary Board, or of the United States
of any product coming within the general scope and Department of Agriculture, nor shall any meat or
purview of this chapter, shall be and are adopted for meat products be served commercially unless the
the conduct and guidance of meat inspection within whole of such portions served was a part of meat or
the channels of trade of the city. (Prior code ~ meat products which bore the official stamp, em-
e 5.28.050) blem or legend of the State Livestock Board or of
the United States Department of Agriculture. All of
8.20.030 Meat to bear emblem of State such meat or meat products bearing such official
Livestock Sanitary Board or stamp, emblem or legend must have been inspected
USDA. by veterinarians authorized to so inspect and place
The city commission of the city has determined the official stamp, emblem or legend thereon by
that it is for the best interests of the health and either the State Livestock Sanitary Board or the
general welfare of the inhabitants of the city that all United States Department of Agriculture, and in-
meat or meat products, as herein defined, offered for spected and approved in accordance with their re-
sale, displayed for sale, sold or served commercially spective rules and regulations and in conformity
by any person in the city shall bear the official with the state and federal laws. (Prior code ~
stamp, emblem or legend of the State Livestock 5.28.030)
Sanitary Board, or of the United States Department
of Agriculture. (Prior code ~ 5.28.0lD)
8.20.040 Inspection of commercial
establishments.
The sanitary inspector of the city-county health
department of the city and the county shall, after the
effective date of the ordinance codified in this chap-
ter, inspect all establishments within the city offer-
ing for sale, displaying for sale or selling meats or
e meat products to the public, either wholesale or
retail, and places of commercial consumption of
111 (Bozeman 4.98)
8.24.010-8.28.010
Chapter 8.24 restaurants, soda fountains, grocery stores or similar e
establishments, except certified pasteurized and
MILK Grade A pasteurized; provided, that when any milk
distributor fails to qualify for one of the above
Sections: grades, the health officer is authorized to suspend
8.24.010 Regulatory ordinance adopted his permit and/or to institute court action. (Prior
by reference with certain code ~ 5.32.020)
deletion~cope.
8.24.020 Sale of unauthorized milk
prohibited. Chapter 8.28
8.24.010 Regulatory ordinance adopted by NUISANCES
reference with certain deletions-
Scope. Sections:
The production, transportation, processing, han- 8.28.010 Purpose.
dling, sampling, examination, grading, labeling and 8.28.020 Application.
sale of all milk and milk products sold for ultimate 8.28.030 Responsibility for maintenance.
consumption within the city, or its police jurisdic- 8.28.040 Definitions.
tion; the inspection of dairy herds, dairies, and milk 8.28.050 Public nuisances.
plants; the issuing and revocation of permits to milk 8.28.060 Enforcement.
producers, haulers, and distributors; and the fixing 8.28.070 Summary abatement.
of penalties, shall be regulated in accordance with 8.28.080 Abatement in other cases-
the terms of the unabridged form of the ordinance Notice. e
Milk Ordinance and Code-1953 Recommendation 8.28.090 Abatement by owner.
of the Public Health Service, a certified copy of 8.28.100 Appeal procedures-Hearing.
which shall be on file in the office of the clerk; 8.28.110 Abatement by city.
provided, that the words "municipality of' in said 8.28.120 Notice of assessment-Appeal
unabridged form shall be understood to refer to the of charges.
city of Bozeman; provided further, that in said un- 8.28.130 Personal liability of owner.
abridged form all parenthetical expressions referring 8.28.140 Overhead charge-Civil
to degrading shall be understood to be deleted; penalties.
provided further, that in Section 7, Item 1r of said
unabridged ordinance, either Plan A or Plan B ap- 8.28.010 Purpose.
proved by the BAI for the eradication of brucellosis A. The intent of this chapter is to provide a
shall be in effect within three years; provided fur- comprehensive mechanism for the identification and
ther, that Sections 8 and 16 of said unabridged abatement of public nuisances within the city.
ordinance shall be replaced, respectively, by Sec- B. The remedies provided for in this chapter are
tions 8.24.020 and 8.24.030 of this chapter. (Prior supplemental and complementary to all of the provi-
code ~ 5.32.010) sions of this code, and state and federal law, and
nothing herein shall be read, interpreted or construed
8.24.020 Sale of unauthorized milk in any manner to limit any existing right or power
prohibited. of the city to abate any and all public nuisances.
From and after twelve months from the date on (Ord. 1452 ~ 2 (part), 1998)
which this chapter takes effect, no milk or milk e
products shall be sold to the final consumer, or to
(Bozeman 4-98) 112
8.28.020-8.28.050
e 8.28.020 Application. viduals in the city, in anyone or more of the fol-
The provisions of this chapter shall apply to all lowing particulars:
property throughout the city wherein any of the 1. By reason of being a menace, threat and/or
conditions hereinafter specified are found to exist; hazard to the general health and safety of the com~
provided, however, that any condition which would munity.
constitute a violation of this chapter but which is 2. By reason of being a fire hazard.
duly authorized under any other city, state or federal 3. By reason of being unsafe for occupancy, or
law, shall not constitute a violation. (Ord. 1452 ~ 2 use on, in, upon, about or around the aforesaid
(part), 1998) property.
4. By reason of lack of sufficient or adequate
8.28.030 Responsibility for maintenance. maintenance of the property, and/or being vacant,
Every owner, occupant, lessee or holder of any any of which depreciates the enjoyment and use of
possessory interest of real property within the city the property in the immediate vicinity to such an
is required to maintain such property so as not to extent that it is harmful to the community in which
violate the provisions of this chapter. The owner of such property is situated or such condition exists.
the property shall remain liable for violations hereof The term public nuisance shall mean any nui-
regardless of any contract or agreement with any sance designated in Section 8.28.050 of this chapter.
third party regarding such property or the occupa- "Summary abatement" means abatement of the
tion of the property by any third party. (Ord. 1452 nuisance by the city, or a contractor employed by
~ 2 (part), 1998) the city, by removal, repair, or other acts without
notice to the owner, agent, or occupant of the prop-
8.28.040 Definitions. erty except for the notice required by this chapter.
e As used in this chapter: (Ord. 1452 ~ 2 (part), 1998)
"Abatement" means the removal, stoppage, pros-
tration, or destruction of that which causes or consti- 8.28.050 Public nuisances.
tutes a nuisance, whether by breaking or pulling it A. The following are declared to be public nui-
down, or otherwise destroying, or effacing it. sances:
"Owner" means the owner of record or any per- l. Any building or structure which meets the
son with legal, financial or equitable interest in the definition of an unsafe building or structure as pro-
property on which the alleged public nuisance exists vided in Section 102 of the Uniform Building Code,
at the time of the violation. or any successor provision, adopted pursuant to
"Property" means any real property, premises, Bozeman Municipal Code Section 15.01.010.
structure or location on which a public nuisance is 2. Any building or structure which meets the
alleged to exist. definition of a dangerous building as provided in
"Public nuisance" means any fence, wall, shed, Section 302 of the Uniform Code for the Abatement
deck, house, garage, building, structure or any part of Dangerous Buildings, or any successor provision,
of any of the aforesaid; or any tree, pole, smoke- adopted pursuant to Bozeman Municipal Code Sec-
stack; or any excavation, hole, pit, basement, cellar, tion 15.01.010.
sidewalk subspace, dock; or any lot, land, yard, 3. Any building or structure which meets the
premises or location which in its entirety, or in any definition of a substandard building as provided in
part thereof, by reason of the condition in which the Section 1001 of the Uniform Housing Code, or any
same is found or permitted to be or remain, shall or successor provision, adopted pursuant to Bozeman
may endanger the health, safety, life, limb or prop- Municipal Code Section 15.01.010.
erty, or cause any hurt, harm, inconvenience, dis-
e comfort, damage or injury to anyone or more indi-
113 (Bozeman 4-98)
8.28.060--8.28.070
4. Any violation of Title 18 of the Bozeman project of repair or renovation for which a building e
Municipal Code relating to the city's planning and permit has been obtained may be stored for such
zoning laws and regulations. period of time as is necessary expeditiously to com~
5. Any imminent life safety hazard which cre- plete the project.
ates a present and immediate danger to life, prop- 8. Any public nuisance as defined in Montana
erty, health or public safety. Code Annotated Section 45-8-111 or otherwise
B. The following may be declared to be public recognized in law as constituting a public nuisance.
nuisances: (Ord. 1452 ~ 2 (part), 1998)
1. Any condition which constitutes an attractive
nuisance whether within a structure or on the pre- 8.28.060 Enforcement.
mises. The planning and zoning department shall have
2. Any building or place which has been operat- primary responsibility for the abatement of a public
ed or maintained in a manner that has resulted in nuisance under this chapter. (Ord. 1452 ~ 2 (part),
repeated disruptive activities including, but not 1998)
limited to, disturbances of the peace, public drunk-
enness, drinking in public, harassment of passerby, 8.28.070 Summary abatement.
sale of stolen goods, public urination, theft, assaults, A. Whenever a complaint is made to the plan-
batteries, acts of vandalism, excessive littering, ning department of the existence of a public nui-
illegal parking, loud noises (particularly in late night sance, as defined in Section 8.28.040 or Section
or early morning hours), traffic violations, or police 8.28.050, the planning department shall promptly
detentions and arrests. cause to be inspected the property on which it is
3. Any condition which renders air, food or alleged that such public nuisance exists. Should the
drink unwholesome, unsanitary or detrimental to planning department find that a public nuisance e
health. exists, and that the public health, safety or welfare
4. Any condition which poses a fire hazard. may be in immediate danger, then summary abate-
S. Any condition in violation of Title 6 of this ment procedures shall be implemented and the plan-
code (Animals). ning department may cause the nuisance to be re-
6. The ownership, maintenance or operation of moved or abated. The planning department may
a dog or animal kennel without proper provisions notify the building inspector if the public nuisance
for the protection of the surrounding properties from involves a building that appears structurally unsafe.
odor and sound generated by the kennel. The building inspector, upon being notified by the
7. The keeping, storage, depositing or accumula- planning department shall cause the building on
tion on the premises for an unreasonable period of which it is alleged such public nuisance exists to be
time of any personal property or wastes, including, inspected and submit a written report of such in-
but not limited to, abandoned, wrecked, dismantled spection and the findings to the planning depart-
or inoperative vehicles, abandoned, wrecked, or ment.
dismantled boats or vessels, automotive parts and B. When summary abatement is authorized,
equipment, appliances, furniture, containers, packing notice to the owner, agent or occupant of the prop~
materials, scrap metal, wood, building materials, erty is not required. Following summary abatement,
junk, rubbish, debris, dirt, sand, gravel, concrete or the planning department shall cause to be posted on
other similar materials which is within the view of the property liable for the abatement a notice de-
persons on adjacent or nearby real property or the scribing the action taken to abate the nuisance. (Ord.
public right-of-way and which is detrimental to the 1452 ~ 2 (part), 1998)
public health, safety and general welfare. However,
building materials being used or to be used for a e
(Bo~eman 4-98) 114
8.28.080-8.28.100
e 8.28.080 Abatement in other cases-Notice. ning department's notice, the public nuisance shall
A. If, after inspecting the property on which the be abated by the city at the expense of the owner.
nuisance is reported, the planning department de- D. Any person who is the record owner of the
clares the existence of a public nuisance, but the premises, location or structure at the time an order
nature thereof is not such as to require the summary pursuant to this chapter is issued and served upon
abatement of such nuisance, then, regular abatement him, shall be responsible for complying with that
procedures shall be followed. Photographs and re- order, and liable for any costs incurred by the city
ports of the findings and inspections shall be made therewith, notwithstanding the fact that he conveys
and filed with the plarming department. his interests in the property to another after such
B. The planning department shall detennine the order was issued and served.
individual, firm or corporation who, from the re- E. It shall not be a defense to the determination
cords in the clerk and recorder's office, appears to that a public nuisance exists that the property is
be the titled owner of the aforesaid property and boarded up or otherwise enclosed. (Ord. 1452 ~ 2
immediately cause a written notice to be served on (part), 1998)
such individual, firm or corporation by personal
service or by leaving a copy of the notice at the 8.28.090 Abatement by owner.
usual place of residence or business of such owner, A. Within thirty days after the posting and mail-
or address of such owner shown in the clerk and ing of a notice to abate a nuisance, the owner, agent
recorder's records, or by copy mailed to such owner of the owner, or individual in possession of the
at such place or address by United States certified affected property shall remove and abate such nui-
mail return receipt. If service of such written notice sance or show that no nuisance in fact exists. Such
is unable to be perfected by any of the methods showing shall be made by filing a written statement
e described above, the planning deparnnent shall that no nuisance exists. The statement shall be filed
cause a copy of the aforesaid notice to be published with the p1arming department.
in a newspaper of general circulation in the city, B. The planning department, upon written appli-
once a week for two consecutive weeks and shall cation by the owner within the thirty-day period
further cause a copy of the aforesaid notice to be after the notice has been served, may grant addi-
left with the individual, if any, in possession of such tional time for the owner to effect the abatement of
property on which it is alleged such public nuisance the public nuisance, provided that such extension is
exists, or if there is no individual in possession limited to a specific time period. (Ord. 1452 ~ 2
thereof, the planning deparnnent shall cause a copy (part), 1998)
of the notice to be posted at such structure, location
or premises. The plarming department shall also 8.28.100 Appeal procedures-Hearing.
detennine from the clerk and recorder's office who A. The owner or occupant of the property who
the lienholder of the property, if any, as documented has been served with a notice pursuant to this chap-
therein, is and cause a written notice to be served on ter that a public nuisance exists and that it must be
such lienholder by United States mail return receipt. abated within thirty days, may, within seven calen-
C. The aforesaid notice to the owner, and lien- dar days after receipt of such notice, make a written
holder, if any, of the property shall state clearly and demand to the planning department for a hearing on
concisely the findings of the plarming department the question of whether a public nuisance in fact
with respect to the existence of a public nuisance. exists. The hearing shall be held at the next sched-
The notice shall further state that unless the owner uled regular meeting of the city commission follow-
thereof shall cause the abatement of the public nui- ing receipt by the planning department of the writ-
sance, pursuant to the orders contained in the plan- ten demand and at least two days' notice of the
e 115 (Bozeman 4-98)
8.28.110--8.28.120
hearing shall be given to the individual who made cost of the abatement may be levied as an assess- e
the written demand for the hearing. ment against the property in question by the city
B. The hearing shall be conducted by the city commission and collected as any other assessment
commission. The commission may amend or modify by the city; however, any other alternative collection
the notice and/or order, or extend the time for com- method may be utilized by the city to recoup the
pliance with the planning department's order by the deficit. Should the proceeds of the sale of such
owner by such date as the majority of the commis- salvaged material exceed the cost of abatement, the
sion may determine. surplus, if any, shall be paid to the owner of the
C. The owner, agent of the owner, occupant and property from which the public nuisance was abated
lienholder, if any, of the subject property shall be when a proper claim to the excess is established.
given the opportunity to present evidence to the C. In abating a public nuisance, the planning
commission in the course of the hearing. department may call upon any of the city depart-
D. In those instances where the nuisance has ments or divisions for whatever assistance shall be
been abated by the city, the commission shall have deemed necessary or may by private contract cause
discretion to waive the cost of abating a nuisance, the abatement of the public nuisance.
in whole or in part, if in the course of the hearing D. The planning department shall, after complet-
reviewing the decision, the commission finds that ing the removal and abatement, file a statement of
any of the following did not conform to the provi- costs with the finance department. (Ord. 1452 ~ 2
sions of this chapter: (part), 1998)
1. The notice to remove the nuisance;
2. The work performed in abating the nuisance; 8.28.120 Notice of assessment-Appeal of
or charges.
3. The computation of charges. (Ord. 1452 ~ 2 A. Upon receipt of the statement of costs from e
(part), 1998) the planning department, the finance department
shall mail to the owner of the property upon which
8.28.110 Abatement by city. the public nuisance has been abated notice of the
A. Should any public nuisance not be abated at amounts set forth in the statement plus an additional
the expiration of time stated in the notice/order or amount sufficient to defray the costs of the notice
within such additional time as the planning depart- and stating that the city proposes to assess against
ment or commission may grant, the planning de- the property the amount set forth in the notice and
partment shall have the authority to enter upon the that objections to the proposed assessment must be
property and abate the public nuisance found there- made in writing and received by the finance depart-
on. In abating such nuisance, the planning depart- ment within twenty days from the date of mailing
ment may go to whatever extent may be necessary such notice. Upon the expiration of the twenty-day
to complete the abatement of the public nuisance period, if no objections have been received by the
and should it be practicable to salvage any material finance department, the finance department shall
derived in the aforesaid abatement, the planning enter that amount in the city liens docket which
department may sell the salvaged material at private shall therefore constitute a lien against the property.
or public sale at the best price obtainable and shall B. If objections of either the property owner or
keep an accounting of the proceeds thereof. their representative are received by the finance
B. The proceeds, if any, obtained from the sale department prior to the expiration of the twenty-day
of any material salvaged as a result of an abatement period, the finance department shall refer the matter
of a public nuisance by the planning department to the planning department for administrative re-
shall be deposited to the general fund of the city and VIew.
any deficit between the amount so received and the e
(Bozeman 4-98) 116
8.28.130
- C. Upon conclusion of administrative review, the civil penalty portion of the invoice if it is deter-
planning department shall make a written determina- mined that:
tion that the amount of the charges shall be can- 1. The current owner was not in possession of
celed, reduced, or remain the same. A copy of this the property at the time the notice required in Sec-
detennination shall be furnished to the person mak- tion 8.28.080 was posted; or
ing the objections together with a notice of such 2. The owner did not receive the notice to re-
person's right to appeal to the city commission. move the nuisance, did not have knowledge of the
D. If no appeal of a detennination by the plan- nuisance and could not, with the exercise of reason-
ning department is filed within the time period able diligence, have had such knowledge.
allowed, a copy of the detennination will be fur- l. If, after a lien has been entered in the docket
nished to the [mance department who shall then of city liens, there is a written request of an owner
enter a lien in the amount determined by the plan- who alleges that the owner did not receive notice of
ning department in the city liens docket as provided the proposed assessment, the [mance department
in subsection A of this section. shall refer the matter for review pursuant to subsec-
E. If a timely appeal is received by the city tion B of this section.
commission, a hearing shall be scheduled and held J. The lien may be canceled or reduced by the
on the matter. If, after the hearing, the city com- planning department, in administrative review, or
mission determines that the proposed assessment the city commission, on appeal, if it is determined
does not comply with subsection G of this section, that the owner did not receive notice of the pro-
the city commission shall so certify to the finance posed assessment, did not previously have knowl-
department and the proposed assessment shall be edge of the lien or of the nuisance abatement work
canceled. If, after the hearing, it is determined that constituting the basis of the lien, could not, in the
- the proposed assessment or any part of it is proper exercise of reasonable care or diligence, have had
and authorized, the city commission shall so certify such knowledge, and in addition, that the circum-
to the finance department who shall enter a lien in stances are such that a reduction or cancellation of
such amount as determined appropriate by the city the charges would have been appropriate had the
commission, in the lien docket as provided in sub. matter been reviewed pursuant to this section prior
section A of this section. to assessment Upon receipt of a certification from
F. The determination of the city commission is the city commission, pursuant to subsection E of
a final administrative decision. this section, the finance department shall cancel or
G, The planning department, in administrative reduce the lien if required by the detennination of
review, or the city commission, on appeal, may the planning department and/or city commission.
reduce or cancel a proposed assessment if it is deter- (Ord. 1452 ~ 2 (part), 1998)
mined that:
1. Any of the following did not conform to the 8.28.130 Personal liability of owner.
provisions of this Chapter: The person who is the owner of the property at
a. The notice to remove the nuisance; or the time at which the notice required under Section
b. The work performed in abating the nuisance; 8.28.080 is posted shall be personally liable for the
or amount of the assessment including all interest, civil
c. The computation of charges; or penalties, and other charges. (Ord. 1452 ~ 2 (part),
2. The owner of the property was eligible for a 1998)
waiver of costs under Section 8.28.140.
H. The planning department, in administrative
review, or the city commission, on appeal, may
- reduce a proposed assessment by eliminating the
116-1 (Bozeman 4-98)
8.28.140--8.36.010
8.28.140 Overhead charge--Civil penalties. 8.32.020 Enforcement authorized when- e
A. Whenever a nuisance is abated by the city, Violation deemed misdemeanor.
the planning department shall keep an accurate The chief of police or any policeman, the chief
account of all expenses incurred, including an over- of the fire department or any fireman under his
head charge of twenty-five percent for administra- direction, and each or any of them, is and are direct-
tion and a civil penalty of two hundred dollars for ed, empowered and required promptly to stop any
each nuisance abated. perfonnance, exhibition, entertainment, concert,
B. When the city has abated a nuisance main- play, lecture, show or dance, when, in the judgment
tained by any owner of real property, for each sub- of them, or any of them, such action is necessary for
sequent nuisance that is abated by the city within public safety or for the enforcement of the provi-
two consecutive calendar years concerning real sions of this chapter, and forthwith to arrest or to
property, owned by the same person, an additional eject from the building, or both, each and every
civil penalty of fifty percent, minimum of fifty person violating the provisions of this chapter; and
dollars, of the cost of abatement shall be added to every person convicted in the police court of a
the costs, charges and civil penalties provided for in violation of this chapter shall be guilty of a misde-
subsection A of this section. The civil penalty shall meanor. (Prior code ~ 6.42.020)
be imposed without regard to whether the nuisances
abated by the city involve the same real property or
are of the same character. (Ord. 1452 ~ 2 (part), Chapter 8.36
1998)
WEED ABATEMENT
Chapter 8.32 Sections: e
8.36.010 Cutting weeds and vegetation
SMOKING IN PLACES OF PUBLIC required-Notice-Failure
ASSEMBLY deemed misdemeanor.
8.36.020 Abatement by city authorized
Sections: when-Assessment of costs.
8.32.010 Locations where smoking is
prohibited. 8.36.010 Cutting weeds and vegetation
8.32.020 Enforcement authorized required-Notice-Failure
when-Violation deemed deemed misdemeanor.
misdemeanor. Any person who is the owner of or agent for any
lot or parcel of land within the city limits, who
8.32.010 Locations where smoking is pennits or suffers to exist upon, in front of, or along
prohibited. such premises so owned by him or for which he is
Except in a smoking room regularly designated the agent, any growth of weeds or vegetation, or any
and approved by the chief of the fire department, tree or shrub of which the limbs or branches extend
smoking in any part of any opera house, theater, over any public sidewalk at a height of less than
moving picture house, playhouse, auditorium or seven feet above such sidewalk, shall be deemed
dancehall, while any performance, entertainment, guilty of maintaining a nuisance, and if such owner
lecture, show, play, exhibition or dance is in prog- or agent neglects or refuses to cut and destroy any
ress, is prohibited. (prior code ~ 6.42.010) such growth of weeds or vegetation, or to cut away
such branches, within ten days after being notified
in writing by the city engineer to cut the same, he e
(Bo:tcman 4-98) 116-2
8.36.020-8.44.010
e shall be deemed guilty of a violation ofthis chapter, 8.40.020 Loose material defined.
and upon conviction shall be punished as for a Loose material is defined as including, but not
misdemeanor. (Prior code ~ 6.50.010) limited to, grass clippings, branches, leaves, building
debris, garbage, refuse, trash, paper, cardboard, or
8.36.020 Abatement by city authorized any other item, article or material subject to being
when-Assessment of costs. discharged from a moving vehicle because of move-
In case any nuisance as defined in Section ment, vibration, wind or other physical force. (Ord.
8.36.010 exists upon, in front of or along any lot or 1265 ~ 2, 1988)
parcel of land within the city, whether such lot or
parcel of land is occupied or unoccupied, the city
engineer, instead of prosecuting such owner or agent, Chapter 8.44
may cause such nuisance to be abated either after
notice or immediately without notice, as the necessity FIRE CONTROL
therefor in each case in his judgment may warrant,
either of which shall be done at the expense of the Sections:
owner, and the city commission may specially assess 8.44.010 Definitions.
such expense to such property as a tax, which shall 8.44.020 Permit-When required-Fees.
be collected as other taxes are collected. (Prior code 8.44.030 Other burning allowed with a
~ 6.50.020) permit.
8.44.040 Open burning allowed without
any permit.
Chapter 8.40 8.44.050 Materials prohibited for open
e burning.
LITTERING 8.44.060 Burn barrels prohibited.
8.44.070 Permit holder responsibilities.
Sections: 8.44.080 Safety conditions.
8.40.010 Loose material in transit.
8.40.020 Loose material defined. 8.44.010 Definitions.
A. "Best available control technology" means
8.40.010 Loose material in transit. those techniques and methods of controlling
Any person, finn, business, corporation or agent emissions of air contaminants from an open burning
thereof, transporting a load of loose material to the source and that limits those emissions to the
city's landfill or other installation established for maximum degree taking into consideration impacts
disposing of said loose material which has not been on energy use, the environment, the economy, and
covered or contained in a secured and covered con- any other costs, including the cost to the source,
tainer shall pay in addition to the established dump- including, but not limited, to:
ing fee, an anti-litter assessment of twenty-five 1. Scheduling burning during periods and
dollars per load for vehicles smaller than a one~ton seasons of good ventilation;
truck and small trailers, which include pickup boxes 2. Considering atmospheric dispersion forecasts;
converted to trailers and smaller; and fifty dollars per 3. Utilizing predictive modeling results from the
load for one-ton trucks and larger. (Ord. 1386 ~ I, Montana Department of Environmental Quality to
1994: Ord. 1265 ~ I, 1988) minimize smoke;
4. Limiting the amount of burning to be
performed during anyone period of time;
e 116-3
(Bozeman 11-01)
-- -
8.44.020-8.44.050
5. Using ignition and burning techniques that permit applicant within the city limits, the permit e
minimize smoke production; applicant will obtain a burn permit as well as written
6. Selecting fuel preparation methods to permission from the owner or the owner's authorized
minimize dirt and moisture content; agent.
7. Promoting fuel arrangem~nts that create an D. The fees for the permits will be set in
adequate air to fuel ratio; accordance with a schedule adopted by the Gallatin
8. Prioritizing bums as to air quality impact and county commission. (Ord. 1499 ~ 1 (part), ] 999)
assigning control techniques accordingly; and
9. Promoting alternative treatments and uses of 8.44.030 Other burning allowed with a
materials so that they do not have to be burned. permit.
B. "Major open burning" means open burning A. Essential agricultural open burning on a farm
that, on a statewide basis, will emit more than five or ranch is allowed during the months of March
hundred tons of carbon monoxide or fifty tons of any through November with a burning permit and only
other pollutant regulated under Title] 7, Chapter 8, for the purposes of eliminating excess vegetative
Administrative Rules of Montana (ARM), in a matter from irrigation ditches or cultivated fields or
calendar year, except hydrocarbons. Major open improving range conditions or wildlife habitat when
burning requires a permit from the state of Montana. no reasonable alternative method of disposal is
C. "Minor open burning" means open burning available.
that emits less pollutant than "major open burning" B. Prescribed wild land open burning, if
and must comply with this chapter, any other conducted on forest land or relatively undeveloped
applicable state, federal, or county law including the rangeland, is allowed with a burning permit only for
ARMs and uses the best available control technology the purpose of improving wildlife habitat or range
(BACT). conditions; reducing fire hazards from forestry e
D. "Open burning" means the burning or practices; controlling forest pests and diseases;
combustion of any material directly in the open air or promoting forest regeneration; or promoting other
in a receptacle other than a furnace, multiple accepted forest practices. (Ord. 1499 ~ I (part), ] 999)
chambered incinerator, or a wood waste burner
commonly used by the wood products industry. (Ord. 8.44.040 Open burning allowed without any
] 499 ~ 1 (part), ] 999) permit.
From March 1 st through November 30th, a permit
8.44.020 Permit-When required-Fees. is not required for small recreational fires in
A. For burning between the periods of March 1st controlled areas. The fire must not exceed three feet
through November 30th, a Gallatin County open bum in diameter and two feet in height. However, from
permit must be obtained prior to engaging in any September 1st through November 30th, the burner
open burning within the Bozeman city limits. When must call to see if there are restrictions. For the
limits for atmospheric conditions or hours restrict purposes of this section, a recreation fire is defined as
burning, these limits will be designated in the permit any fire not contained in an incinerator, outdoor
restrictions. fireplace, barbecue grill or pit and which is burned
B. For any major open burning during any time for pleasure, religious, ceremonial cooking or similar
of the year or for open burning during the months of purposes. (Ord. ] 499 ~ 1 (part), 1999)
December, January, and February a person may make
a written application to the State Department of 8.44.050 Materials prohibited for open
Environmental Quality for permission to bum. burning.
C. Where burning is conducted on public Open burning within the Bozeman city limits is
property or the property of someone other than the totally prohibited for: e
(Bozeman 11-0 I) 1 ]6-4
8.44.060---8.44.090
e l. Food wastes; 5. If on Forest Service property, the legal
2. Styrofoam, plastic wastes and other materials description including section, township, and range;
generating noxious odors; and
3. Poultry litter, animal droppings, dead animals 6. The number of acres to be burned.
or dead animal parts; B. Before setting a fire, permit holders must
4. Rubber materials including, but not limited to, ensure that adequate fire suppression equipment and
tires; personnel are present for fire control for the duration
5. Treated lumber and timbers; of the bum. The permit holder will not leave the
6. Pathogenic wastes; immediate fire area until the fire has completely
7. Asbestos or asbestos-containing materials; burned out, with no remaining embers or smoke.
8. Materials resulting from salvage operations to C. The permit holder may delegate any of these
reclaim or salvage any product or material, except duties to a designated responsible person; however,
materials from the forest practice commonly referred the permit holder is ultimately responsible for any
to as a salvage cut in timber harvesting; violations. (Ord. 1499 ~ I (part), 1999)
9. Hazardous wastes, which are a waste or
combination of wastes that, because of the quantity, 8.44.080 Safety conditions.
concentration, or physical, chemical or infectious A. No fire shall be set if wind or weather
characteristic, if any, cause or significantly contribute conditions make it hazardous to bum. If wind or
to an increase in mortality or an increase in serious other weather conditions change making the fire
irreversible or incapacitating reversible illness; or hazardous, the fire must be extinguished as quickly
pose a substantial present or potential hazard to as possible.
human health or the environment when improperly B. When there is high fire danger, because winds
e treated, stored, transported, or disposed of or or other conditions make burning hazardous, or when
otherwise managed as defined in the Code of Federal fire suppression resources are not available, permits
Regulations; and may be temporarily suspended until good ventilation
10. Any other materials specifically prohibited by exists and to allow assignment of bum priorities, if
Montana Code Annotated and the ARMs. (Ord. 1499 others request permission to bum on the same day.
~ 1 (part), 1999) C. The city fire chief or designee may close or
restrict open burning when necessary. All permit
8.44.060 Burn barrels prohibited. holders must extinguish fires upon request of any city
The use of burn barrels is totally prohibited within or county law enforcement officer or firefighter.
the Bozeman city limits. (Ord. 1499 S 1 (part), 1999) Failure to do so will be a violation of this chapter.
(Ord. 1499 ~ I (part), 1999)
8.44.070 Permit holder responsibilities.
A. A permit holder must call the Gallatin County 8.44.090 Enforcement-Penalties.
open burning number each day burning is planned at A. The Bozeman city police department has the
least thirty minutes before the planned bum and give authority to investigate complaints and issue written
the following information: notices of violation, orders to take corrective action,
1. Name, permit number, and phone number; and citations to enforce the chapter.
2. Material to be burned; B. A violation of this chapter is a misdemeanor
3. Starting time of burning, during daylight punishable by a fine not to exceed five hundred
hours; dollars or imprisonment of up to six months in the
4. Location of bum; county jail, or both fine and imprisonment. In
addition, restitution may be requested. (Ord. 1499 ~
e 1 (part), 1999)
116-5
I Hozeman 11-01)
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