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HomeMy WebLinkAboutTitle 09 -- Title 9 PUBLIC PEACE, MORALS AND WELFARE Chapters: Article 1. General Provisions 9.02 Administration Article 2. Offenses By or Against Public Officers and Government 9.06 False Alanns 9.08 Firefighting Operations 9.10 Interfering with Public Omcials 9.12 Malicious Prosecution 9.14 Resisting Arrest or Escape 9.16 Misuse of the 911 Emergency Telephone Service 4 Article 3. Offenses Against the Person 9.20 Telephone Harassment Article 4. Offenses Against Public Decency 9.26 Animal Fights 9.28 Disorderly House 9.30 Drinking in Motor Vehides 9.32 Drinking in Public 9.34 Houses of Prostitution or Assignation 9.36 Indecent Exposure 9.38 Indecent Language 9.40 Intoxication in Public Places 9.42 Narcotics 9.44 Peeping Persons 9.46 Public Urination and Defecation Article 5. Offenses Against the Public Peace 9.48 Bonfires 9.50 Disturbing Meetings e 117 (Bozeman 6-96) - - ~ 9.52 Disturbing the Peace 9.54 Loitering 9.56 Playing in Streets 9.58 Vagrants Article 6. Offenses Against Property 9.64 Barbed-Wire Fences 9.66 Injury to Property 9.68 Obstructing Bozeman Creek 9.70 Traction Engines on Streets Article 7. Consumer Protection Article 8. Offenses By or Against Minors 9.80 Curfew 9.84 Purchase or Possession of Intoxicating Liquor Article 9. Weapons ~ 9.90 Airguns 9.92 Concealed Weapons 9.93 Weapons in Public Buildings and Property 9.94 Discharging Firearms 9.98 Bows and Crossbows and Other Devices (Bozeman 6-96) 118 - 9.02.010-9.08.020 e Article 1. General Provisions Chapter 9.08 Chapter 9.02 FIREFIGHTING OPERATIONS ADMINISTRATION Sections: 9.08.010 Taking or damaging fire Sections: apparatus prohibited- 9.02.010 Territorial application of Title Exception. 9 provisions. 9.08.020 Taking fire apparatus for 9.02.020 Liberal construction of private use or outside city provisions. prohibited-Exception. 9.08.030 Fire area limits-Private 9.02.010 Territorial application of Title 9 citizens to help extinguish fires. provisions. 9.08.040 Firefighting operations- The provisions of this title shall apply to the city Destruction of property in any event, and to all temtory within three miles authorized when. of the corporate limits of the city except as other- 9.08.050 Hindering firefighting wise herein provided. (Prior code ~ 6.04.010) operations prohibited. 9.08.060 Abatement of fire hazard 9.02.020 Liberal construction of provisions. nuisances caused by structures. The provisions codified in this title shall be given 9.08.070 Abatement of nonstructural a liberal construction. (Prior code ~ 6.04.020) fire hazard nuisances. e 9.08.080 Power of arrest. Article 2. Offenses By or Against Public 9.08.010 Taking or damaging fire Officers and Government apparatus prohibited-Exception. It is unlawful for any person or persons to take Chapter 9.06 out or remove from the firerooms, where the same are kept, any ladders, trucks, hose, hose cart or any FALSE ALARMS other ftre apparatus, except in case of fire, or under the direction of the chief of the fire department, nor Sections: shall any person or persons mar, deface or in any 9.06.010 False alarms and tampering manner injure any of the fire apparatus used by the with fire alarm boxes fire department. Any person violating any of the prohibited. provisions of this section shall be guilty of a misde- meanor. (Prior code ~ 6.16.010) 9.06.010 False alarms and tampering with fire alarm boxes prohibited. 9.08.020 Taking fire apparatus for private No person shall willfully use any fire alarm box, use or outside city prohibited- or telephone, or any means whatsoever for transmit- Exception. ting or sending in to the ftre department an alarm of Any officer in command of the ftre department frre which he knows to be false; nor shall willfully who suffers the engine or other fire apparatus, the tamper with, or injure or destroy any such frre alarm property of the city, to be taken beyond the city box or any of the equipment thereof. (Prior code ~ limits, without permission of the city manager, shall e 6.24.010) be guilty of a misdemeanor. If any person having 119 (Bozeman 6-96) 9.08.030--9.08.050 charge of any engine or other fire apparatus, the any city officer or fireman in the performance of his e property of the city, suffers the same to be applied duty at, going to, or returning from any fire, or to private use without permission of the city manag- while attending to his duties as a member of the fire er, he shall be guilty of a misdemeanor. (Prior code department, or who willfully or negligently drives ~ 6.16.020) any dray, wagon, streetcar, locomotive, train of cars or other vehicle across, or along or upon any hose, 9.08.030 Fire area limits-Private citizens or who willfully cuts, defaces, destroys or injures to help extinguish fires. any telegraph wire or pole, or signal box, or any of A. The chief of the fire department may pre- the property belonging to or connected with the fire scribe limits in the vicinity of a fITe within which no department, or any fire-alarm telegraph, shall person, except those residing therein, members of the fire department, members of the police force, or those admitted by the chief of the fire department, or his subordinates, shall be permitted to come. B. The chief of the fire department, when in his judgment the same is necessary, may call upon any person or persons present to assist the firemen in their duties, or assist in extinguishing any fire, and any such person so called upon who refuses or neglects to so assist, unless physically incapacitated, shall be guilty of a misdemeanor. (Prior code ~ 6.16.030) 9.08.040 Firefighting operations- e Destruction of property authorized when. The chief of the fire department, or in his absence anyone acting in his capacity, may, during the prog- ress of any fire, whenever in his judgment it be- comes necessary in order to check or control the same, order any fence, building or structure to be cut or tom down and removed. He shall, with the consent of the city manager, have power to cause any building or structure to be blown up for the purpose of checking or extinguishing the fire, and may tear down any portion of any building which may remain after a fire if, in his judgment, such portion of any building so remaining standing shall be dangerous to persons or property. (Prior code ~ 6.16.040) 9.08.050 Hindering firefighting operations prohibited. Any person who willfully interferes or hinders (Bozeman 6-%) 120 e 9.08.060--9.10.010 e be deemed guilty of a misdemeanor. (Prior code ~ B, Upon the refusal of any such person so noti- 6.16.050) fied to abate the nuisance created by such combustible material so being in such place, the 9.08.060 Abatement of fire hazard person or persons so refusing shall be deemed guilty nuisances caused by structures. of maintaining a nuisance. and upon conviction A. Any and all buildings, ruins, chimneys, flues, thereof shall be fined as for a misdemeanor, (prior boilers, walls, remains of burned buildings or other code ~ 6.16.070) constructions within the city limits which, by reason of their construction or condition, are in danger of 9.08.080 Power of arrest. being set on fire, or are in any manner a menace to The chief of the fire department, or any officer adjoining property or to the public generally, are of the fire department rightfully performing the each hereby declared to be a nuisance, It shall be duties of the chief, is empowered to arrest and pros- the duty of the chief of the fire department to exam- ecute in the police court of the city any person ine all such, and, for such purpose, may enter any violating any of the provisions of this chapter. (Prior building within reasonable hours, and if in his opin- code ~ 6.16,080) ion any nuisance, as defined by this chapter. shall exist, he shall notify the owner or owners to abate such nuisance forthwith. Chapter 9.10 B. In case the owner of any premises upon which a nuisance exists fails or refuses to abate such INTERFERING WITH PUBLIC OFFICIALS nuisance, after being notified as aforesaid, the chief e of the fire department shall report the facts in rela- Sections: tion thereto to the city commission. If the city com- 9.10.010 Interfering with public officials mission finds that such nuisance exists, it may direct prohibited. the chief of police or city engineer to abate such nuisance. The expense thereof shall be reported by 9.10.010 Interfering with public officials such officer so abating same to the commission, to prohibited. be an item of special assessment. which may be No person shall interfere with. obstruct or intimi- assessed against the premises as in case of special date any official or employee of the city in the assessment of taxes. The owner of such premises, performance of his or her official duty; nor shall any permitting any such nuisance to remain after being person assault or threaten to assault, nor use any notified. shall be deemed guilty of a misdemeanor. abusive or insulting language toward such official (Prior code ~ 6.16.060) or employee in his or her presence in connection with or arising out of any business of the city there- 9.08.070 Abatement of nonstructural fire tofore, then being. or thereafter to be done. transact- hazard nuisances. ed or performed by such official or employee for, A. It shall be the duty of the chief of the fire and as representative of the city. in any capacity. department at least once a week to inspect all streets (Prior code ~ 6.04.170) and alleys. cellar ways, back lots, woodsheds and all other places within the city limits where shavings, straw, waste or other combustible material mayor does accumulate. and to order instant removal of such material. if any be found, by the person or e persons responsible. or by the person or persons upon whose premises the same may be located. 121 (Bozeman 9-93) 9.12.010--9.16.020 Chapter 9.12 e Chapter 9.16 MALICIOUS PROSECUTION MISUSE OF THE 911 EMERGENCY Sections: TELEPHONE SERVICE 9.12.010 Malicious prosecution described-Court costs Sections; recovered from prosecutor. 9.16.010 Misuse of the 911 emergency telephone service prohibited. 9.12.010 Malicious prosecution 9.16.020 Definitions. described-Court costs recovered 9.16.030 Violation-Penalty. from prosecutor. When any person has been arrested and brought 9.16.010 Misuse of the 911 emergency to trial for any alleged violation of any ordinance, telephone service prohibited. and it appears that the prosecutor or complaining It shall be unlawful for any person to purposely wiOless has made complaint maliciously and without or knowingly misuse the 911 emergency telephone probable cause, judgment shall be rendered against service by accessing the 911 telephone service for the prosecutor or complaining witness for costs; and a purpose other than an emergency. (Ord. 1327 ~ 1, the court may issue execution to recover the same, 1991) as judgment for debt. Whcnever the police judge has rcason to believe any complainant is actuated by 9.16.020 Definitions. malice in making complaint, the judge, before issu- As used in this chapter, the following words are e ing process, may require the complainant to deposit defined as follows: a sum sufficient to secure the probable costs, (Prior "Emergency" is defined by MCA ~ 104-101(4) code ~ 6.01.010) as being any event that requires dispatch of a public or private safety agency. "Emergency services" are defined by MCA ~ 10- Chapter 9.14 4-10 1 (5) as being services provided by any public or private safety agency, including law enforcement, RESISTING ARREST OR ESCAPE firefighting, ambulance or medical services, and civil defense services. Sections: "Knowingly" and "purposely" as used in this 9.14.010 Resisting arrests or breaking chapter are defined in MCA ~~ 45-2-101(33) and jail deemed misdemeanor. (58), respectively. "Misuse" means accessing the 911 telephone 9.14.010 Resisting arrest or breaking jail number for other than reporting an emergency event. deemed misdemeanor. "Private safety agency" is defined by MCA ~ IO- U any person resists arrest or attempts to escape 4-10 I (10) as being any entity, except a public safety from any policeman when in proper discharge of his agency, providing emergency fire, ambulance or duty, and, after being infonned of the legal authority medical services. and official character of officer, or being in prison "Public safety agency" is defined by MCA ~ 10- or confined for the breach of any ordinance or held 4-10 I (12) as being the state and any ci t y, county, for trial for any such breach, breaks jail and escapes city-county consolidated government, municipal from such imprisonment or detention, such person corporation, chartered organization, public district, e is guilty of a misdemeanor. (Prior code ~ 6.04.165) or public authority located in whole or in part with- (Bozeman 9.93) 122 9.16.030-9.26.010 e in this state that provides or has authority to provide otherwise. plan. encourage, promote, hold or give emergency services. (Ord. 1327 ~ 2. 1991) any dog fight. cock fight. or fight of any kind be- tween animals. It is the duty of any police officer 9.16.030 Violation-Penalty. of the city to prevent and stop such fights. and Any person who violates any provision of this arrest all persons aiding. promoting or abetting the chapter shall be punished by a fine not exceeding same, (prior code ~ 6,04.050) five hundred dollars or by imprisonment in the county jail for a period not to exceed six months. or by both such fine and imprisonment. (Ord. 1327 ~ 3. 1991) Article 3. Offenses Against the Person Chapter 9.20 TELEPHONE HARASSMENT Sections: 9.20.010 Acts constituting misuse of telephone. 9.20.010 Acts constituting misuse of e telephone. No person shall, within the city. willfully annoy or disturb any other person by ringing or causing to be rung any telephone bell. or by calling or causing to be called any person over any tclcphonc for thc purpose of disturbing or annoying any such person. or use profane. or obscene. or abusivc language ovcr any telephone. (Prior code ~ 6.04.160) Article 4. Offenses Against Public Decency Chapter 9.26 ANIMAL FIGHTS Sections: 9.26.010 Dog and other animal fights prohibited. 9.26.010 Dog and other animal fights prohibited. e No person or persons shall, by agrccmcnt or 122-1 (Bozen,an 9-93) e e e 9.28.010-9.32.005 e Chapter 9.28 possession while in or on a private motor vehicle upon a public highway, or in an area used principal- DISORDERLY HOUSE ly for public parking, any bottle or receptacle con- taining such alcoholic beverages which has been Sections: opened, or the seal broken, or the contents of which 9.28.010 Disorderly house defined- have been partially removed. It is unlawful for the Maintaining prohibited. owner of any motor vehicle, or the driver, if the owner is not then present in or on the motor vehicle, 9.28.010 Disorderly house defined- to keep or allow to be kept in a motor vehicle when Maintaining prohibited. such vehicle is upon the public highway, or in an No person shall conduct, maintain or keep, any area used principally for public parking, any bottle disorderly house. For the purposes of this section, or receptacle containing such alcoholic beverages a "disorderly house" means any house, room, tent which has been opened, or the seal broken, or the or other structure or place of abode in which people contents of which have been partially removed, live or abide or to which they resort, to the distur- except when such bottle or receptacle is kept in the bance and/or annoyance of offense of the neighbor- trunk of the motor vehicle when such vehicle is hood or passersby; or for purposes which are injuri- equipped with a trunk, or kept in some other area ous to the public peace, quietness, safety, health, of the vehicle not normally occupied by the driver morals and convenience; or in which there is illegal or passengers, if the motor vehicle is not equipped sale of beer, wine, whiskey or any intoxicating with a trunk. A utility compartment or glove com- liquor; or in which gambling is carried on; or in partment shall be deemed to be within the area which prostitution is practiced; or which is habitual- occupied by the driver and passengers. Any person e ly used for purposes of assignation and/or prosti- violating the provisions of this section shall be tution, or is the resort of criminals, vagrants or other guilty of a misdemeanor. (Prior code ~ 4.20.010) idle, dissolute or immoral persons; or to which persons resort for the purpose of concocting or planning crimes or misdemeanors, or other offenses Chapter 9.32 against the public peace, health, safety, morals and good order. (Prior code ~ 6.04.190) DRINKING IN PUBLIC* Sections: Chapter 9.30 9.32.005 Definitions for Sections 9.32.010 through 9.32.015. DRINKING IN MOTOR VEmCLES 9.32.010 Public drinking and display of beer or liquor prohibited. Sections: 9.32.015 Exceptions to Section 9.32.010. 9.30.010 Drinking intoxicating liquor in 9.32.030 Definitions for Section 9.32.040. motor vehicles prohibited. 9.32.040 Consuming intoxicating liquor in public prohibited. 9.30.010 Drinking intoxicating liquor in motor vehicles prohibited. . Prior code history: Prior code H 4.I6.0l0 and 4.16.020. No person shall drink or consume intoxicating 9.32.005 Definitions for Sections 9.32.010 liquor in or on any motor vehicle when such vehicle is upon a public highway or in an area used princi- through 9.32.015. e pally for public parking. No person shall have in his The following words and phrases used in Sections 123 (Bozeman 6-96) 9.32.010-9.32.030 9.32.010 through 9.32.015 shall be defined as fol- B. In seeking a waiver to Section 9.32.010 the e lows: group leader or authorized representative shall file A. "Liquor" means any alcoholic, spirituous, with the director of public safety an application for vinous, fermented, malt or other liquor which con- a city park alcoholic beverage permit. tains more than one percent of alcohol by weight. C. Prior to the issuance of the permit an investi- B. "Beer" means any beverage obtained by alco- gation shall be made into the suitability and holic fermentation of an infusion or decoction of compatibility of the proposed function with other barley, malt, hops or any similar products, contain- park activities and the surrounding area. In making ing not more than four percent of alcohol by weight. the investigation the director of public safety shall C. "Public places" means all streets, avenues, consider: alleys and parks in the city, all municipal and public 1. Type of gathering (picnic, reunion, etc.); buildings, but does not include premises licensed for 2. Other uses of the park at the same time; the sale of liquor or beer at retail by the Department 3. Hours of proposed use; of Revenue of the state, or the city. 4. Use of a public address system; D. "Public display or exhibition of beer or li- S. Potential disturbance to surrounding neigh- quor" means and includes the carrying and exhibit- bors; ing of open cans or bottles of beer or the carrying 6. Past performance of the group; and exhibiting of glasses or other types of containers 7. Need for increased policing. for beer or liquor, even though empty, to, in, on or D. The director of public safety shall have ten within any public place within the city, but does not days to make an investigation. In addition to the include carrying or transporting such beer or liquor above, it is fully understood that: from retail liquor or beer establishments in sacks, 1. The granting of a waiver in no way abrogates cases, boxes, cartons or similar containers with un- the responsibility and liability of the applicants; e broken seals or when no display or exhibition is 2. Any police officer shall have full authority to made. void a permit for violation of park rules and regula- E. "Public drinking" includes the drinking or tions, or any ordinances, committed by any member consuming of beer or liquor in or on any public of the group; and place in the city. (Ord. 1109 ~ 1, 1982) 3. Public address systems will be permitted, however, amplified music shall not be permitted. 9.32.010 Public drinking and display of (Ord. 1109 ~ 3, 1982) beer or liquor prohibited. Public drinking and public display and exhibition 9.32.030 Def"mitions for Section 9.32.040. of beer or liquor as defmed in Section 9.32.005 are For the general purposes of this chapter: prohibited, and it is unlawful for any person to A. "Intoxicating liquor" means any wine or engage in public drinking, public display or exhibi- liquor generally and ordinarily regarded as tion of beer or liquor within the city limits. (Ord. intoxicating by the general run of people; and, spe- 1109 ~ 2, 1982) cifically, it includes any alcoholic, spirituous, vi- nous, fermented, malt or other liquor, which con- 9.32.015 Exceptions to Section 9.32.010. tains more than one percent of alcohol by weight. A The director of public safety may grant a B. "Public place" means and includes any place, waiver to the provisions of Section 9.32.010 for the building, room or conveyance to which the public purpose of holding picnics, parties, reunions and has or is permitted to have access, and any place of barbecues in public parks, provided the number of public resort. (Prior code ~~ 6.04.210 and 6.04.230) adults does not exceed seventy-five. Larger groups shall seek a waiver from the city commission. e 124 (Bozeman 6-96) 9.32.040-9.38.010 e 9.32.040 Consuming intoxicating liquor in Chapter 9.36 public prohibited. Intoxicating liquor lawfully possessed by or law- INDECENT EXPOSURE fully in the possession of any person may be kept, had, given and consumed only in the residence or Sections: room in which such person resides, except in the 9.36.010 Indecent exposure or exhibition case of beer purchased and consumed pursuant to prohibited. the Montana Beer Act, and any beer-licensing ordi- nance of the city; and except as herein provided and 9.36.010 Indecent exposure or exhibition permitted, no person shall consume intoxicating prohibited. liquor, as defmed in Section 9.32.030, in any public No person shall make any indecent or improper place. (Prior code ~ 6.04.220) public exposure of his or her person or be guilty of any indecent or lewd act or behavior in public or in any place where there are other persons present to Chapter 9.34 be offended and/or annoyed thereby, or sing or recite any lewd or obscene song, or ballad, verses HOUSES OF PROSTITUTION OR or other words or writing, or printed matter, in any ASSIGNATION public place where there are other persons present to be offended and/or annoyed thereby; and no Sections: person shall at any time or place in public, and/or 9.34.010 Houses of prostitution or when other persons may be offended or annoyed assignation prohibited. thereby, make any indecent or improper exhibition e of any animal. (prior code ~ 6.04.130) 9.34.010 Houses of prostitution or assignation prohibited. No person shall keep, maintain, operate, manage, Chapter 9.38 occupy and/or be an inmate or frequenter of or visitor at, or invite or solicit another to frequent or INDECENT LANGUAGE visit, any house of prostitution, bawdy house, house of assignation or other immoral use, in the city and Sections: three miles beyond the corporate limits of the city. 9.38.010 Using obscene and vnlgar Within the meaning of this section, the word language in public place "house" includes any room, cabin, tent, hotel, prohibited. lodginghouse or other structure and/or enclosure where such prohibited practice and/or practices is or 9.38.010 Using obscene and vulgar are permitted and/or carried on. (Prior code ~ language in public place 6.04.200) prohibited. No person shall curse or swear, or utter any ob- scene, vulgar or indecent language on any street or in any public place, or which is audible on any street or public place. (Prior code ~ 6.04.040) e 125 (BoU'man 6-96) 9.40.010--9.46.010 Chapter 9.40 offered for sale or gift, or to which resort is had for e such smoking, use, purchase, sale or gift, or where INTOXICATION IN PUBLIC PLACES any habit-forming narcotic drug is used, kept for use, distribution, sale or gift, unless duly licensed, Sections: declared to be a nuisance, and a violation of this 9.40.010 Intoxication in public places chapter. (Prior code ~ 6.04.100) prohibited-Exceptions. 9.40.010 Intoxication in public places Chapter 9.44 prohibited-Exceptions. Every person who is found drunk or intoxicated PEEPING PERSONS in any public place, or intruding upon any private premises without the consent of the occupant there- Sections: of, or who annoys or frightens passersby on streets 9.44.010 Generally. or sidewalks or any public place, or is found sleep- ing, while intoxicated, in any public place, or upon 9.44.010 Generally. private premises without the consent of the owner A. It is unlawful for any person to be a "peeping or occupant thereof, or who commits any nuisance person. " in any public place or upon private property, or B. The term "peeping person" means one who makes any indecent or improper exposure of person, peeps, looks or peers through windows or doors or shall be deemed guilty of a violation of this chapter, other openings on the premises of another where a and upon conviction punished as provided in Sec- reasonable expectation of privacy exists for the tion 1.16.010. (prior code ~ 6.04.090) purpose of spying upon or invading the privacy of e the person spied upon and the doing of any other act of a similar nature which invades the privacy of Chapter 9.42 such persons. (Ord. 1372 ~ 2 (part), 1993; Ord. 1232 ~~ 1-3, 1987) NARCOTICS Sections: Chapter 9.46 9.42.010 Using or selling narcotic drugs prohibited. PUBLIC URINATION AND DEFECATION 9.42.010 Using or selling narcotic drugs Sections: prohibited. 9.46.010 Generally. No person shall indulge in the use of opium by smoking it, or resort to or maintain or keep any 9.46.010 Generally. place where such smoking is permitted or indulged, No person within the jurisdictional limits of the nor indulge in the habitual use of morphine, heroin, city shall publicly defecate or urinate on streets, cocaine or other harmful narcotic and/or habit-form- sidewalks, alleys, parks, parking lots or other places ing drug or drugs; nor shall any person not duly open to the public including areas open to the public licensed to do so sell or offer for sale or keep or in buildings unless a sanitary facility capable of and possess for sale or gift, in any public place, or make commonly used for disposal of human urine or any gift of, any such drug or drugs. Every place excrement is used. (Ord. 1372 ~ 2 (part), 1993; Ord. where opium is smoked or used, or kept, or sold, or 1233, 1987) - (Bozeman 6-96) 126 9.48.010--9.54.010 e Article 5. Offenses Against the Public Peace 9.52.010 Acts constituting disturbances prohibited. Chapter 9.48 No person shall unnecessarily disturb the peace or quiet of any street, neighborhood, family or per- BONFIRES son by loud or unusual noises, or make false alarms, or threaten, quarrel, scold, or provoke or commit an Sections: assault or threaten to commit an assault, or commit 9.48.010 Bonfires prohibited- an assault and battery, or harbor or keep any habitu- Exceptions. ally barking dog, or disturb the rest, sleep, peace and quietness of any person and/or neighborhood by 9.48.010 BomIres prohibited-Exceptions. maintaining and keeping noisy poultry, animal or No person shall build any bonftre in any street, animals, nor by any other means or manner whatso- alley, public place or vacant lot, nor permit any ever unnecessarily disturb the peace and quiet of bonftre to bum or smolder in the nighttime; and a any person or neighborhood. (Prior code ~ 6.04.030) person shall at all times keep any such bonftre, when otherwise legally permitted, under strict super- vision and control so as not to endanger property or Chapter 9.54 cause a smoke nuisance to any person or neighbor- hood. (Prior code ~ 6.04.080) LOITERING Sections: Chapter 9.50 9.54.010 Loitering prohibited. e DISTURBING MEETINGS 9.54.010 Loitering prohibited. No person shall loiter or lounge around or upon Sections: any street, sidewalk or public place so as to impede 9.50.010 Disturbing meetings prohibited. or obstruct the free passage of pedestrians, or so as to embarrass or annoy pedestrians, and all such 9.50.010 Disturbing meetings prohibited. loiterers and loungers shall promptly move on and No person shall at any time wantonly disturb any refrain from such loitering and/or lounging upon lawful meeting or assembly by noise, rude, offensive order of any police offtcer or other person in author- or improper behavior or language of any kind, or ity. (Prior code ~ 6.04.110) otherwise, or at all. (Prior code ~ 6.04.120) Chapter 9.52 DISTURBING THE PEACE Sections: 9.52.010 Acts constituting disturbances prohibited. e 126-1 (Bozeman 6-96) -- e e e 9.56.010-9.64.010 ---. Chapter 9.56 shall be deemed a "vagrant," and shall be guilty of a misdemeanor. (Prior code @ PLA YING IN STREETS 6.48.010) Sections: 9.56,010 Playing games in the street Article 6, Offenses Against Property prohibited. Chapter 9.64 9.56.010 Playing games in the street prohibited. BARBED-WIRE FENCES The playing of baseball, football, basketball or any other game in the streets and alleys with- Sections: in the corporate limits of the city is forbidden. 9.64.010 Maintaining barbed~wire fences (Prior code @ 6.04.150) prohibited where. 9,64.010 Maintaining barbed-wire fences Chapter 9.58 prohibited where. A. Any person or persons, or corporation VAGRANTS or corporations, who shall, within the platted limits of the city, when sidewalks have been Sections: laid or ordered laid by the city commission, 9.58,010 Persons constituting vagrants erect, keep or maintain any barbed-wire fenc- described - Acts deemed ing on or around the outer portion of his, her misdemeanors. or their premises, such person or persons, corporation or corporations shall be deemed 9.58.010 Persons constituting vagrants guilty of maintaining a nuisance. described - Acts deemed B. The continuance of the same for every misdemeanors, day, after being notified by any city officer to Every person without any visible means of abate the same, shall be regarded as a separate support, who has the physical ability to work, offense. (Prior code @ 6.10.010) and who does not seek employment or labor, or labor when employment is offered to him; every healthy beggar who solicits alms at a busi- Chapter 9.66 ness; every person who roams about from place to place without any lawful business; every idler INJURY TO PROPERTY and dissolute person or associate of known thieves, who wanders about the streets at late Sections: or unusual hours of the night, or who lodges in 9.66.010 Injuring property or plants and any barn, shed, outhouse, vessel or other place trespassing prohibited, other than such as is kept for lodging purposes, 9,66,020 Malicious damage to property without the permission of the owner or person prohibited. entitled to the possession thereof; every lewd 9,66.030 Hurling missiles and injuring and dissolute person who lives in and about property prohibited. houses of ill fame, or who lives with or upon 9.66.040 Private property-Wilful damage the earnings of a woman of bad repute; every to personal property prohibited, . prostitute and drunkard, common common ", 127 9.66.0 I 0-9 .66.060 9.66.050 Private property-Wilful damage building, or part thereof, the property of . to real property or fixtures another, shall be deemed guilty of committing ~ prohibited. a nuisance, and upon conviction shall be pun. 9.66.060 Public property-Animals ished as for a misdemeanor. (Prior code S prohibited on streets, parking 6.38.210) strips, public grounds. 9.66,070 Public property-Damage to 9.66.030 Hurling missiles and injuring shrubs, trees, grass or flowers property prohibited, prohibited. Any person who, within the city limits, 9,66,080 Park property-Damaging fences throws any stick, stone, missile or other thing or prohibited. things whereby any property of another shall 9.66.090 Park property-Use of gates become broken, destroyed or injured, shall required. have committed a nuisance, and upon con- 9,66.100 Park property -Damaging viction shall be punished as for a misdemeanor. vegetation and other property (Prior code S 6.38.200) prohibited. 9.66.110 Park property-Regulations 9.66,040 Private property-Wilful damage to authorized, personal property prohibited. 9,66.120 Fairgrounds-Entrance only Any person who maliciously, willfully or through gateways. unlawfully cuts, bums, destroys, injures, defaces 9.66.130 Fairgrounds-Damage to fences or in any other manner injures any goods, wares, or other property prohibited. merchandise or other property, without the 9.66.140 Fairgrounds-Trespassing consent of the owner, shall be guilty of a mis- prohibited. demeanor. (Prior code S 6.32.010) 9.66,150 Offensive conduct prohibited where. 9.66.050 Private property-Wilful damage to 9.66.160 Violation-Penalty, real property or fixtures prohibited. Any person who willfully, unlawfully or 9.66.010 Injuring property or plants and maliciously cuts, breaks, injures, tears down, trespassing prohibited. defaces or in any other manner injures any No person shall, within the city, wilfully house, barn, building or other enclosure; or who and/or wantonly destroy, injure or deface the cuts, tears down, breaks or defaces any window goods or property of another; nor wantonly or door of any building or house; or who takes destroy, break or injure any shade, fruit or off, severs, breaks in or injures, in any manner, ornamental tree, flower, flowers or flower bed, any gate, fence or other enclosure, or any part nor habitually trespass upon the lawn, garden thereof; or pulls down, interferes with or injures or premises of another, nor leave or deposit any fence, post or part thereof; or injures or refuse, rubbish or garbage thereon at any time. destroys any fruit, shade or ornamental tree, (Prior code S 6.04.180) shrub or flowers, shall be guilty of a misde. meanor. (Prior code S 6.32.020) 9.66.020 Malicious damage to property prohibited. 9.66,060 Public property-Animals Any person who, mischievously or mali- prohibited on streets, parking ciously, hacks, breaks, girdles or injures any strips, public grounds. tree, or breaks or injures any sign, signboard, No person shall walk upon or across, or window, door, gate, fence, house, outhouse, drive upon or across, nor shall any person . 128 9.66.070--9.66.150 e while driving a herd of horses or cattle or other stands, flagpoles, houses or buildings, or any other animals upon or through any of the streets or ave- property that may be used in connection with, or nues of the city, allow such animals to travel upon which may be contained in any public park of the or across any parking strips on any of the streets city. (Prior code ~ 6.32.070) and avenues of the city, or upon or across any of the grounds at or surrounding any public building, 9.66.110 Park property-Regulations school or ecclesiastical building, or ground acquired authorized. or dedicated for any of these purposes, within the The city commission shall have the right to adopt city, (Prior code ~ 6.32.030) reasonable regulations for the government of the public parks in the city, and no person shall violate 9.66.070 Public property-Damage to any of such regulations. (Ord. 1313 ~ I, 1990: prior shrubs, trees, grass or flowers code ~ 6.32.080) prohibited. It is unlawful for any person or persons to in any 9.66.120 Fairgrounds-Entrance only way injure or destroy grass, trees, shrubs, or flowers through gateways. growing upon any parking strips, public, school or No person shall climb over or go through or ecclesiastical grounds, or anything placed thereon of under any fence surrounding any fairgrounds or a useful or ornamental character, within the city. roundup grounds in the city, or enter said grounds (Prior code ~ 6.32.040) by any other means than the entrances provided therefor, without the permission of the owners of 9.66.080 Park property-Damaging fences such property. (Prior code ~ 6.32.090) e prohibited. It is unlawful for any person, corporation or 9.66.130 Fairgrounds-Damage to fences association to injure, cut, destroy or do any act or other property prohibited. which will tend to injure or destroy any fence sur- No person shall cut, mutilate, deface or destroy rounding any public park within the city. (Prior code any fairground fence or roundup ground fence in the ~ 6,32,050) city, or any building, seats, benches, stands, apart- ment, or property therein contained of any kind or 9.66.090 Park property-Use of gates character. (prior code ~ 6.32.100) required. No person shall go through or under, or climb 9.66.140 Fairgrounds-Trespassing over any fence surrounding any public park of the prohibited. city, or enter or leave any fenced park except No person shall have the right to trespass upon through the gateways provided for such purpose. any roundup grounds for fairgrounds in the city (Prior code ~ 6.32.060) without first obtaining lawful permission for such purpose. (Prior code ~ 6.32.110) 9.66.100 Park property-Damaging vegetation and other property 9.66.150 Offensive conduct prohibited prohibited. where. No person shall injure or destroy any plot seeded No person shall act in a loud. boisterous or rude to grass, flowers, foliage or other vegetation, or cut, manner, or so conduct himself as to be offensive to mutilate, injure, damage or destroy any growing those using or being upon or within any of the grass, flowers, shrubs, foliage or trees in any public public parks, or grounds of the city, or within the - park of the city, nor shall any person destroy, dam- fairgrounds or roundup grounds in the city. (Prior age, injure, deface or mutilate any tables, benches, code ~ 6.32.120) 129 (Bozeman 9-93) 9.66,160--9,70.010 9.66.160 Violation-Penalty. obstruction in the channel of the creek within the e Any person who violates any of the provisions of corporate limits of the city, shall be deemed guilty Sections 9.66.040 through 9,66.150 ofthis chapter of a violation of this chapter. (Prior code ~ shall be guilty of a misdemeanor. (prior code ~ 6.12.020) 6.32.130) 9.68.030 Dumping items into channel or polluting creek prohibited. Chapter 9.68 No person, firm, corporation or association, nor any employee or agent of any person, firm, corpora- OBSTRUCTING BOZEMAN CREEK tion or association, shall throw, conduct, conveyor deposit, or cause to be thrown, conducted, conveyed Sections: or deposited into the channel of Bozeman Creek in 9.68.010 Channel to be kept free from its course through the corporate limits of the city, obstructions. or any part thereof, any paper, offal, rubbish, rags, 9.68.020 Narrowing, turning or filth, manure, hay, straw, tin cans, hides, dead ani. obstructing channel mals, or anything whatever causing or tending to prohibited-Exception. cause an obstruction or pollution of Bozeman Creek 9.66.030 Dumping items into channel or within the corporate limits of the city. (Prior code polluting creek prohibited. ~ 6.12.030) 9.66.040 Violation-Penalty. 9.68.040 Violation-Penalty. 9.68.010 Channel to be kept free from Any person, firm, corporation or association or e obstructions. employee or agent thereof who violates any provi- The channel of Bozeman Creek, throughout its sion of this chapter shall be guilty of a misdemean- course within the corporate limits of the city, shall or. (prior code ~ 6,12.040) be preserved and kept at a minimum width of twelve feet in the clear, and kept free of all obstruc- tion unless and until it shall be otherwise ordered or Chapter 9.70 permitted by the city commission by ordinance or resolution duly adopted. (Prior code ~ 6.12,010) TRACTION ENGINES ON STREETS 9.68.020 Narrowing, turning or obstructing Sections: channel prohibited-Exception. 9.70.010 Operating traction engines on Any person or persons, firm, corporation or asso- paved streets prohibited. ciation who, directly or indirectly, or by any means whatever or at all confines Bozeman Creek, in any 9.70.010 Operating traction engines on part of its course through the corporate limits of the paved streets prohibited. city, to a narrower channel than is prescribed in It is unlawful and a violation of this chapter for Section 9.68.010 hereof; or who alters, changes or any person who is the owner of or in charge of any turns the same from its natural channel. or alters its traction engine to run such engine over, upon or course at any point within the corporate limits of the across, or permit such engine to stand city, except in pursuance of and in accordance with an ordinance or resolution of the city commission duly passed and adopted; or who builds, throws, e deposits or, in any manner or at all, places any (Bozeman 9~93) 130 9.80.010-9.80.030 e upon any paved street within the city limits. Every command shall be a matter of defense, and the person violating the provisions of this chapter shall burden of proof thereof to the satisfaction of the be guilty of a misdemeanor. (Prior code ~ 6.46.010) court shall be upon the defendant in any prosecution for violation of this chapter. Each and every viola- tion of the provisions of this section shall constitute Article 7. Consumer Protection a separate offense and shall be punishable as such. (Prior code ~ 6.34.010) (Reserved) 9.80.020 Responsibility of parents or guardians. Article 8. Offenses By or Against Minors It shall be deemed a violation of this chapter for any parent, guardian or other adult person having Chapter 9.80 the care, custody or control of a minor under the age of sixteen years to allow or permit such minor, CURFEW either expressly or by neglect, to duly exercise such care, custody or control, to loiter, idle, wander, stroll Sections: or play in or upon the public streets, highways, 9.80.010 Loitering by persons under roads, alleys, parks, playgrounds or other public sixteen years of age grounds, public places and public buildings, places prohibited-Exceptions. of amusement and entertainment, vacant lots or 1 9.80.020 Responsibility of parents or other unsupervised places, between the hours o~ guardians. p.m, of @y_g~anQ}.9E~.~:..l!l.~_QL~~~fQ!!2~!!1A.~l;lY,,_, e 9.80.030 Violation-Penalty. official city time, except as provided in Section 9.80.010 of this chapter, and the burden of proving 9.80.010 Loitering by persons under such exception shall be on the defendant; provided, sixteen years of age prohibited- that in any prosecution under this section it shall not Exceptions. constitute a defense thereto that the parent, guardian No minor under the age of sixteen years shall or other adult person having the care, custody, or loiter, idle, wander, stroll or play in or upon the control of any such minor under the age of sixteen public streets, highways, roads, alleys, parks, play- years, did not have knowledge that such minor did grounds or other public grounds, public places, loiter, idle, wander, stroll or play in or upon any of public buildings, places of amusement and of enter- the places specified in this section at any time be- tainment, vacant lots or other unsupervised places tween the hours herein specified. (Prior code ~ or premises, between the hours of ten p.m. of any 6.34.020) day and four a.m. of the following day, official city time, within the corporate limits of the city; provid- 9.80.030 Violation-Penalty. ed, however, that the provisions of this section shall Any minor violating the provisions of Section not apply to any such minor who is accompanied by 9.80.010 ofthis chapter shall be dealt with in accor- his or her parent, guardian or other adult person dance with and pursuant to the provisions of MCA having the care, custody and control of such minor, ~ 41-5-101, 1981, et seq., and the Interstate Com- or when such minor is upon an emergency errand pact on Juveniles at MCA ~ 41-6-101, 1981, et seq. or other legitimate business at the direction, instruc- Any parent, guardian or other adult person having tion or command of his or her parent, guardian or the care, custody or control of a minor violating any e other adult person having the care, custody and con- of the provisions of Section 9.80.010 of this chapter trol of such minor, but such direction, instruction or shall be deemed guilty of a violation of the provi- 131 (Bozeman 6.96) 9.84.010--9.90.010 sions of Section 9.80.020 of this chapter, and upon 9.84.030 Possession of liqnor by persons e conviction thereof in the police court, shall be fined under nineteen-Prohibited. in a sum not less than five dollars nor more than No person who shall not have reached the age of fifty dollars, or by imprisonment in the city or coun- nineteen years shall have in his or her possession ty jail for a period not exceeding twenty-five days, intoxicating liquor, beer or wine. (Prior code ~ or by both such fine and imprisonment for each 4.12.020) offense of which such parent, guardian or other adult person shall be so convicted. (Prior code ~ 9.84.040 Possession of liquor by persons 6.34.030) under nineteen-Deemed nuisance. The city commission declares the possession of Chapter 9.84 intoxicating liquor, beer or wine by any person who shall not have reached the age of nineteen to be a PURCHASE OR POSSESSION OF nuisance, and to constitute conduct calculated to INTOXICATING LIQUOR disturb the public peace of the city and offensive to the public morals of the city. (Prior code ~ Sections: 4.12.030) 9.84.010 Purchase of liquor by persons under nineteen prohibited. 9.84.020 Sale of intoxicating liquor to Article 9. Weapons minors prohibited. 9.84.030 Possession of liquor by persons Chapter 9.90 under nineteen-Prohibited. e 9.84.040 Possession of liquor by persons AIRGUNS under nineteen-Deemed nuisance. Sections: 9.90.010 Discharge of airguns prohibited 9.84.010 Purchase of liquor by persons when. under nineteen prohibited. No person under the age of nineteen years shall 9.90.010 Discharge of airguns prohibited purchase any intoxicating liquor, beer or wine. (Pri- when. or code ~ 4.12.010) No person shall, within the limits of the city, shoot or discharge any toy air pistol or rifle shoot- 9.84.020 Sale of intoxicating liquor to ing lead shot, or missile of metal, wood or other minors prohibited. hard substance. (Prior code ~ 6.08.010) Except in the case of liquor given to a minor by his or her parent or guardian for beverage or medici- nal purposes, or administered by his or her physi- cian or dentist for medicinal purposes, or sold to him or her by a duly authorized vendor or druggist upon the prescription of a physician, no person shall sell, give or otherwise supply intoxicating liquor to a minor, or aid, encourage or abet any minor to consume intoxicating liquor. (Prior code ~ 6.04.240) 132 e (Bozeman 6-96) 9.92.010--9.93.01 0 e Chapter 9.92 1. A projectile containing an explosive or incen- diary material or any other similar chemical sub- CONCEALED WEAPONS stance including, but not limited to, that which is commonly known as tracer or incendiary ammuni~ Sections: tion, except tracer ammunition manufactured for use 9.92.010 Concealed weapons defined- in shotguns; Carrying prohibited without 2. A bomb, grenade, explosive missile or similar permit. device or a launching device therefor; 3. A weapon of a caliber greater than .60 caliber 9.92.010 Concealed weapons defmed- which fires fixed ammunition or any ammunition Carrying prohibited without therefor, other than a shotgun or shotgun ammuni- permit. tion; No person shall carry or bear concealed upon his 4. A rocket, rocket-propelled projectile or simi- or her person a dirk, dagger, pistol, revolver, sling- lar device of a diameter greater than .60 inch or a shot, sword, cane, billy, knuckles made of any metal launching device therefor and a rocket, rocket-pro- or hard substance, knife having a blade four inches pelled projectile or similar device containing an long or longer, razor (not including a safety razor), explosive or incendiary material or any other similar or other dangerous or deadly weapon, without writ- chemical substance other than the propellant for the ten permission from the proper authority with legal device, except devices designed primarily for emer- power to grant such permit. "Concealed weapons," gency or distress signaling purposes; within the meaning of this section, shall be any 5. A breakable container which contains a flam- weapon mentioned herein which shall be wholly or mable liquid with a flashpoint of one hundred fifty e partially covered by the clothing or wearing apparel degrees Fahrenheit or less and which has a wick or of the person carrying or bearing such weapon. similar device capable of being ignited, other than (Prior code ~ 6.04.060) a device which is commercially manufactured pri- marily for the purpose of illumination. B. "Firearm" means any weapon (including a Chapter 9.93 starter gun) which will or is designed to or may readily be converted to expel a projectile by the WEAPONS IN PUBLIC BUILDINGS AND action of any explosive; the frame or receiver of any PROPERTY such weapon; any firearm muffler or firearm silenc- er; or any destructive device. Sections: C. "Park" means a park, playground, recreation 9.93.010 Definitions. complex or any other area in the city, developed or 9.93.020 Prohibition of weapons in city- undeveloped, owned or used by the city, and devot- owned buildings and property. ed to active or passive recreation. 9.93.030 Exceptions. D. "Weapon" means dirk; dagger; pistol; revolv- 9.93.040 Areas subject to prohibition. er; rifle; shotgun; firearm; slingshot; sword cane; 9.93.050 Signing. billy; knuckles made of any metal or hard surface; 9.93.060 Violation-Penalty. razor, not including a safety razor; or other deadly weapon or destructive device. (Ord. 1420 ~ 1 (part), 9.93.010 Definitions. 1996) The following words and terms, as used in this chapter, shall have the following meanings: e A. "Destructive device" means: 133 (Bozeman 6-96) 9.93.020-9.93.060 9.93.020 Prohibition of weapons in city- D. City Shop Complex, 814 North Bozeman e owned buildings and property. A venue, Bozeman, Montana, including all lawns, The carrying or possession of a weapon by any parking areas and sidewalks leading to the site, as person in or on the city-owned buildings and prop- well as all areas inside the perimeter fence; erty described in Section 9.93.040 or in any park is E. Swim Center, 1211 West Main Street, prohibited. (Ord. 1420 ~ 1 (part), 1996) Bozeman, Montana; F. Cemetery Building, 340 Golf Way, Bozeman, 9.93.030 Exceptions. Montana, including all lawns, parking areas and The provisions of Section 9.93.020 do not apply sidewalks leading to the building, and cemetery to: grounds; A. Any peace officer of the state of Montana; G. Landfill Building, 2143 Story Mill Road, B. Any officer of the United States government Bozeman, Montana; authorized to carry a concealed weapon; H. Lower yards, 1900 North Rouse A venue, C. Any member of the armed services or reserve Bozeman, Montana, including all areas inside the forces of the United States or National Guard, while perimeter fence; in the performance of their official duties; 1. Water Treatment Plant, 7220 Sourdough D. A person summoned to the aid of any of the Canyon Road, Bozeman, Montana; persons named in subsections A through C of this J. Wastewater Treatment Plant, 2245 Springhill section; Road, Bozeman, Montana, including, but not limited E. A probation and parole officer authorized to to, all areas inside the perimeter fence; carry a fIrearm under Section 46-23-1002, Montana K. Parks. (Ord. 1420 ~ 1 (part), 1996) Code Annotated; F. An agent of the Montana Department of 9.93.050 Signing. e Justice or a criminal investigator in a county Suitable signs shall be posted at each entrance to attorney's office; the facilities listed in Section 9.93.040A through J, G. Sponsored events, gun shows or displays stating the possession of weapons on the premises authorized by the city; is prohibited except for law enforcement personnel. H. A person who is participating in a public (Ord. 1420 ~ 1 (part), 1996) event or program, including but not limited to, a gun show or gun safety program which is authorized 9.93.060 Violation-Penalty . by the city to occur on city property; or Violation of this chapter is a misdemeanor and is I. A person authorized by the Bozeman chief of punishable by a fine not to exceed five hundred police to carry or possess an unconcealed weapon dollars and/or imprisonment of up to six months in on city property. (Ord. 1420 ~ 1 (part), 1996) the county jail. (Ord. 1420 ~ 1 (part), 1996) 9.93.040 Areas subject to prohibition. The city-owned property to which the prohibition in Section 9.93.020 applies includes: A. City Hall Complex, 411 East Main Street and 34 North Rouse A venue, Bozeman, Montana; B. Carnegie Building, 35 North Bozeman Ave- nue, Bozeman, Montana; C. Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana; 134 e (Bozeman 6-96) 9.94.010.--.9.98.010 e Chapter 9.94 established boundaries or limits of any organized and established public or private archery shooting DISCHARGING FIREARMS range or gallery, or archery shooting target area on private property or premises. Sections: B. No person shall throw, shoot, ftre or other- 9.94.010 Discharge of firearms wise discharge any arrow, bolt, or other projectile prohibited-Exceptions. through the use of a bow, crossbow or other device in parks or other public property. (Ord. 1256 ~ 1, 9.94.010 Discharge of firearms 1988; Ord. 1242 ~ 1, 1987) prohibited-Exceptions. No person shall, except in necessary defense of himself or others, or unless duly authorized by law, discharge any ftrearm. This shall not apply to the discharge of ftrearms on any legal rifle range of the National Guard or of any branch thereof, nor to the discharge of firearms in any duly licensed shooting gallery, nor by any duly authorized person. (Prior code ~ 6.04.070) Chapter 9.98 e BOWS AND CROSSBOWS AND OTHER DEVICES Sections: 9.98.010 Use restrictions. 9.98.010 Use restrictions. A. No person shall throw, shoot, ftre, or other- wise discharge any arrow, bolt or other projectile through the use of a bow, crossbow or other device within the city limits, except when done in the lawful defense of the person, property or family, or when done either at an organized and established public or private archery shooting range or gallery, or when done at an archery shooting target area on private property or premises under circumstances and in such a manner where any throwing, shooting, ftring or other discharge of an arrow, bolt or other projectile can be and is being performed in a man- ner so as not to endanger person, property, animal or fowl, and also performed in such a manner so as to prevent any arrow, bolt or other projectile from e traversing any grounds or air space outside the 134-1 (Bozeman 6.96) e e e